3. Trabajos publicados
3.1. Artículo 1
The Rules of Procedure provide that the parties may enter into a compromise or arrive at a settlement at any stage of the proceedings before rendition of judgment.773 The judge has the duty to exert best efforts to persuade the parties to arrive at a settlement and may issue a Consent Decree approving the agreement between the parties.774 In the event of a failure to settle, the judge is required to perform several tasks before proceeding with the trial of the case.775
771 RIANO, supra note 738, at 310 (citing Tinio v. Manzano, 307 SCRA 460 [1999]).
772 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 2, §15.
773 Id. Rule 3, § 10.
774 La Viña Lecture, supra note 675.
775 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 3, § 6.
776 Id. Rule 3, § 7.
777 Id. Rule 3, § 1.
778 Id.
779 Id. Rule 3, § 2.
780 Id.
The failure of the complaint to appear during the pre-trial shall not be a ground for the dismissal of the complaint unless the plaintiff repeatedly and unjustifiably fails to appear during the pre-trial conferences. In that case, the dismissal of the case shall be without prejudice to defendant’s counterclaim.
On the other hand, if defendant fails to appear during pre-trial, the court shall receive plaintiff’s evidence ex parte.776
a. Notice of Pre-trial
The notice of pre-trial shall be issued by the branch clerk of court within two (2) days from the filing of the answer to the counter-claim or cross-claim.777 The pre-trial shall be held not later than one (1) month from the filing of the last pleading. From the date of the first pre-trial conference, the court may schedule as many pre-trial conferences as may be necessary within a period of two (2) months counted from the date of the first conference.778
b. Submission of Pre-trial Briefs
The pre-trial briefs of the parties must be filed and served on the other party at least three (3) days before the pre-trial date.779 The Rules of Procedure for Environmental Cases enumerate the subject matter which shall be included in the pre-trial brief, namely:
(a) A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution;
(b) A summary of admitted facts and proposed stipulation of facts;
(c) The legal and factual issues to be tried or resolved. For each factual issue, the parties shall state all evidence to support their positions thereon. For each legal issue, parties shall state the applicable law and jurisprudence supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including depositions, answers to interrogatories and answers to written request for admission by adverse party, stating the purpose thereof;
(e) A manifestation of their having availed of discovery procedures or their intention to avail themselves of referral to a commissioner or panel of experts;
(f) The number and names of the witnesses and the substance of their affidavits;
(g) Clarificatory questions from the parties; and
(h) List of cases arising out of the same facts pending before other courts or administrative agencies.780
781 RULES OF PROCEDUREFOR ENVIRONMENTAL CASES, Rule 3, § 2.
782 Id. Rule 3, § 3.
783 Id.
784 Id. Rule 3, § 4.
785 Id.
786 Id. Rule 3, § 5.
787 Id.
Non-compliance with the required contents of a pre-trial brief may be a ground for a party to be declared in contempt. In addition, the failure of the parties to file the pre-trial brief within the period provided by the Rules shall have the same effect as failure to appear in the pre-trial. 781
c. Referral to Mediation
If the parties fail to settle their dispute at the start of the pre-trial conference, the court shall immediately refer the same to the Philippine Mediation Center unit for mediation. If none is available, the court shall refer the case to the clerk of court or legal researcher for mediation.782 The Rules of Procedure limit the mediation to a non-extendible period of thirty (30) days from receipt of notice of referral to mediation. 783 During mediation, the parties may meet as many times as possible within the 30-day period provided by the court. After the expiration of the 30-day period, the mediation report must be submitted to the court within ten (10) days thereof.
d. Referral to Pre-trial Conference
Before pre-trial shall continue, the court may refer the case to the branch clerk of court for a preliminary conference for the following purposes:
a. Assist the parties to settle;
b. Mark the documents, exhibits or affidavits of witnesses which shall be in question and answer format and shall be considered as their testimony;
c. Require depositions, answers to written interrogatories or answers to request for admissions;
d. Require the production of documents or the results of the examination of persons;
e. To consider matters as may aid in the proper disposition of the case.784
The preliminary conference shall be recorded in the “Minutes of Preliminary Conference”
to be signed by the parties or their counsels. All marked exhibits shall be attached to the Minutes of the Preliminary Conference.785 Except for newly-discovered evidence, evidence not presented during pre-trial shall be deemed waived.786
During the pre-trial conference, the judge shall place the parties and their counsels under oath and they shall remain under oath in all pre-trial conferences.787
788 Id. Rule 3, § 6.
789 Id.
790 Id. Rule 3, § 6.
791 Id. Rule 3, § 8.
e. Effect of Failure to Settle During Pre-trial
If the parties fail to arrive at a full settlement, the judge is required by the Rules to conduct the following tasks:
a. Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents;
b. Determine if there are cases arising out of the same facts pending before other courts and order their consolidation if warranted;
c. Determine if the pleadings are in order and if not, direct their amendments if necessary;
d. Determine if interlocutory issues are involved and resolve the same;
e. Consider the adding or dropping of parties;
f. Obtain admissions;
g. Define and simplify the factual and legal issues;
h. Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings, evidence and admissions made during pre-trial.788
The parties are also mandated to observe the most important witness rule in limiting the number of witnesses. As a means of expediting the disposition of the environmental case, the parties shall be required to agree on specific trial dates for continuous trial, comply with the one-day examination of witness rule and adhere to the case flow chart determined by the court.789
Moreover, the Rules of Procedure encourage the referral of the case to commissioners.790 This is in recognition of the fact that environmental cases are highly technical in nature and thus referral to commissioners or engaging the services of an amicus curiae or friend of the court may be necessary for the resolution of the case.
Matters taken up during the pre-trial conferences shall be recorded in the Minutes of the pre-trial conference which shall be signed by the parties and their counsel.791
f. Issuance of Pre-trial Order
The Rules of Procedure provide that the court where the case is pending shall issue a pre-trial order within ten (10) days after the termination of pre-trial. The following matters shall be contained in the pre-trial order:
a. Actions taken during pre-trial conference;
b. Stipulation of facts and admissions;
c. Evidence marked;
d. Number of witnesses to be presented;
e. Schedule of trial.792
As previously discussed, the court shall endeavor to adhere to the most important witness rule and the one-day examination of witness rule in the schedule of the trial.
5. Continuous Trial of Environmental Law Cases