PLAI

Statute

A.M. No. 09-6-8-SC

104 provisions · showing PART II › RULE 4 (5) · source

Section 1

The judge shall conduct continuous trial which shall not exceed two (2) months from the date of the issuance of the pre-trial order. Before the expiration of the two-month period, the judge may ask the Supreme Court for the extension of the trial period for justifiable cause.

Section 2

In lieu of direct examination, affidavits marked during the pre-trial shall be presented as direct examination of affiants subject to cross examination by the adverse party.

Section 3

The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day, subject to the court’s discretion of extending the examination for justifiable reason. After the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing party shall immediately interpose his objections. The judge shall forthwith rule on the offer of evidence in open court.

Section 4

After the last party has rested its case, the court shall issue an order submitting the case for decision. The court may require the parties to submit their respective memoranda, if possible in electronic form, within a non-extendible period of thirty (30) days from the date the case is submitted for decision. The court shall have a period of sixty (60) days to decide the case from the date the case is submitted for decision.

Section 5

The court shall have a period of one (1) year from the filing of the complaint to try and decide the case. Before the expiration of the one-year period, the court may petition the Supreme Court for the extension of the period for justifiable cause. The court shall prioritize the adjudication of environmental cases.