Date: November 25, 1997

1997 Rules on Civil Procedure

2001 Edition Rule 48

Preliminary Conference

Rule 48

PRELIMINARY CONFERENCE

Preliminary Conference is like a pretrial in the CA. Iba lang ang tawag but it is really a pre-trial because there are cases which fall under the original jurisdiction of the CA, like annulment of judgment of the RTC. Its purpose is the same as in Rule 18 on pre-trial.

Section 1. Preliminary conference. 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;

(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. (n)

Sec. 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)

Sec. 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)

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