RULE 48

Preliminary Conference
Section 1. PRELIMINARY CONFERENCE. WHEN? At any time during the pendency of a case, the court MAY
call the parties and their counsel to a preliminary conference.
(a) To consider the possibility of an amicable settlement, except when the case is not allowed by law
to be compromised
- no compromise allowed in civil status of persons, validity of marriage or of legal separation,
grounds for legal separation, jurisdiction of courts, and future support and legitime
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary exhibits, limit the number of
witnesses to be presented in cases falling within the original jurisdiction of the court, or those within
its appellate jurisdiction where a motion for new trial is granted on the ground of newly discovered
evidence; and
(d) To take up such other matters which may aid the court in the prompt disposition of the case. (Rule
7, CA Internal Rules) (n)
Section 2. Record of the conference. The proceedings at such conference shall be recorded and, upon the
conclusion thereof, a resolution shall be issued embodying all the actions taken therein, the stipulations and
admissions made and the issues defined. (n)
Section 3. Binding effect of the results of the conference. Subject to such modifications which may be made to
prevent manifest injustice, the resolution in the preceding section shall control the subsequent proceedings in the
case unless, within five (5) days from notice thereof, any party shall satisfactorily show valid cause why the same
should not be followed. (n)
Nature of preliminary conference in civil cases
Preliminary conference in civil cases is mandatory. A preliminary conference shall be held not later than
30 days after the last answer is filed. The rules on pre-trial in ordinary cases shall be applicable to the
preliminary conference unless inconsistent with the provisions of this Rule (Riano, 2005).
Nature of preliminary conference in criminal cases
In criminal cases, preliminary conference is mandatory. Before conducting the trial, the court shall call the
parties to a preliminary conference during which a stipulation of facts may be entered into, or the
propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such
other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case.
However, no admission by the accused shall be used against him unless reduced in writing and signed
by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused (Sec. 14,
ibid.).
NOTE: Trial is necessary only in criminal cases covered by the Rules on Summary Procedure. In civil
cases covered by the Rule, there is no trial involved but only the submission of the affidavits of witnesses
of the parties and other evidence on the factual issues defined in the order, together with their position
papers setting forth the law and the facts relied upon by them which shall be submitted within 10 days
from receipt of the order issued by the court after the preliminary conference (Sec. 9, ibid.).

Duty of the court after conducting the preliminary conference

Within 5 days after the termination of the preliminary conference, the court shall issue an order stating
the matters taken up therein, including but not limited to:
1. Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
2. The stipulations or admissions entered into by the parties;
3. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties,
judgment may be rendered without the need of further proceedings, in which event the judgment shall be
rendered within thirty (30) days from issuance of the order;
4. A clear specification of material facts which remain controverted; and
5. Such other matters intended to expedite the disposition of the case (Sec. 8, ibid.).
Plaintiffs failure to appear in the preliminary conference
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his
complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his
counterclaim as may be warranted and limited to what is prayed for therein. All cross claims shall be
dismissed (Sec. 7, Ibid.).
Defendants failure to appear during the preliminary conference
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Sec.
6. This Rule shall not apply where one of two or more defendants sued under a common cause of action
who had pleaded a common defense shall appear at the preliminary conference (Sec. 7, Ibid.).
WHO SHOULD PRESIDE IN A PRELIMINARY CONFERENCE?

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Clerk of court will preside the preliminary conference

WHAT SHOULD THE CLERK OF COURT DO IN PRESIDING OVER THE PRELIMINARY

CONFERENCE?

1. The clerk of court is given a vital role in the speedy disposition of cases
2. He shall serve as the mediator or arbitrator between the accused and offended party for the two
parties to reach a settlement as to the civil liability of the accused
3. He shall serve as mediator between the parties with regard plea bargaining
4. He shall serve as mediator in the stipulation of facts between the accused and offended party
5. He shall oversee the introduction and marking of documentary evidence
6. He shall see that the evidence is genuine and duly executed
7. He shall oversee the conference if there will be any waiver to objections over admissibility of
evidence
8. In case the accused gives a lawful defense, he will indicate that there would be a modification
of the order of trial
N.B
1. A preliminary conference precedes a pre-trial. It is officiated by the clerk of court.

The clerk of court plays a vital role in the speedy disposition of cases.
2. Often times, there would be no pre-trial anymore but the trial would commence and the judge
would issue the decision for the disposition of the case.
3. The pre-trial conference is conducted for the expeditious disposition of the case. What
happens in the conference is more than what meets the eye.
4. There is now an amendment in the new rules providing for the parties to talk with each
other absent their lawyers. Lawyers often times are stumbling blocks in the speedy disposition
of
cases.
5. In the pre-trial and preliminary conference, there is narrowing of conflict between the parties. In
furtherance of this, the judge is sanctioned to allow the number of witnesses to be presented, limit the
trial days, etc.
6. REMEMBER THAT ANY EVIDENCE NOT PRESENTED OR MARKED DURING THE PRE-TRIAL
CONFERENCE SHALL NOT BE ADMITTED DURING THE TRIAL. This is done to make the
presentation of evidence mandatory for the parties to the case. Additional evidence shall only
be allowed if there is good cause and for furtherance of justice
7. Evidence is genuine and duly executedin relation to notarial law when the lawyer admits to the
genuineness and due execution of the documentary evidence presented.
8. The preliminary conference is to minimize the things to be discussed during the pre-trial
conference that would be conducted by the judge. After the pre-trial conference, a pre-trial order shall
be issued. This will serve as the bible for the rest of the proceedings.
9. See the Revised Rules on Pre-trial issued during August 2004.

WHEN WILL THE JUDGE PRESIDE?

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During the pre-trial

In the CA, this procedural device may be availed of not only in original actions but also in cases on appeal
wherein a new trial was granted on the ground of newly discovered evidence. The CA can act as a trier of
facts, hence the preliminary conference authorized is a convenient adjunct to such power and function.
Not later than 30 days after the last answer is filed, a PRELIMINARY CONFERENCE shall be held. Rule 18
applicable. Effects of failure to appear: (a) When the plaintiff does not appear (1) It shall be a cause for
dismissal of his complaint (2) All cross-claims shall be dismissed (3) The defendant who appears in the
absence of the plaintiff shall be entitled to the judgment on his counterclaim (b) When the defendant does
not appear The plaintiff shall be entitled to judgment (This is true when there is only one defendant or when
all of the defendants did not appear) General rule: No postponement of the preliminary conference shall be
granted. Exception: Highly meritorious grounds and without prejudice to such sanctions as the court in the
exercise of sound discretion may impose on the movant. [Rule 70, Sec. 8]
RULE 49
Oral Argument
Section 1. When allowed. At its own instance or upon motion of a party, the court may hear the parties in oral
argument on the merits of a case, or on any material incident in connection therewith. (n)
The oral argument shall be limited to such matters as the court may specify in its order or resolution. (1a, R48)

Section 2. Conduct of oral argument. Unless authorized by the court, only one counsel may argue for a party. The
duration allowed for each party, the sequence of the argumentation, and all other related matters shall be as directed
by the court. (n)
Section 3. No hearing or oral argument for motions. Motions shall not be set for hearing and, unless the court
otherwise directs, no hearing or oral argument shall be allowed in support thereof. The adverse party may file
objections to the motion within five (5) days from service, upon the expiration of which such motion shall be deemed
submitted for resolution. (29, R49)

Rule 50 Dismissal of Appeal

Discretionary -PNB v. Philippine Milling 26 SCRA 712
Direct appeal to SC-Atlas Consolidated Mining 201 SCRA 51
Non-payment of fee Cu-Unjieng v. CA, GR No. 139596, Jan 24, 2006
Non-filing of brief Govt v. CA et al GR 164150 Apr 14, 2008; Bachrach v. PPA GR 159915 Mar12, 2009