Interim Rules of Procedure for Intra-Corporate Controversies

Section 1

Within five (5) days after the period for availment of, and compliance with, the modes of discovery prescribed in Rule 3 hereof, whichever comes later, the court shall issue and serve an order immediately setting the case for pre-trial conference and directing the parties to submit their respective pre-trial briefs. The parties shall file with the court and furnish each other copies of their respective pre-trial brief in such manner as to ensure its receipt by the court and the other party at least five (5) days before the date set for the pre-trial. The parties shall set forth in their pre-trial briefs, among other matters, the following: Brief statement of the nature of the case, which shall summarize the theory or theories of the party in clear and concise language; Allegations expressly admitted by either or both parties; Allegations deemed admitted by either or both parties; Documents not specifically denied under oath by either or both parties; Amendments to the pleadings; Statement of the issues, which shall separately summarize the factual and legal issues involved in the case; Names of witnesses to be presented and the summary of their testimony as contained in their affidavits supporting their positions on each of the issues; All other pieces of evidence, whether documentary or otherwise and their respective purposes; Specific proposals for an amicable settlement; Possibility of referral to mediation or other alternative modes of dispute resolution; Proposed schedule of hearings; and Such other matters as may aid in the just and speedy disposition of the case.

Sec 2

During the pre-trial conference, the court shall, with its active participation, ensure that the parties consider in detail all of the following: The possibility of an amicable settlement; Referral of the dispute to mediation or other forms of dispute resolution; Facts that need not be proven, either because they are matters of judicial notice or expressly or deemed admitted; Amendments to the pleadings; The possibility of obtaining stipulations and admissions of facts and documents; Objections to the admissibility of testimonial, documentary and other evidence; Objections to the form or substance of any affidavit, or part thereof; Simplification of the issues; The possibility of submitting the case for decision on the basis of position papers, affidavits, documentary and real evidence; A complete schedule of hearing dates; and Such other matters as may aid in the speedy and summary disposition of the case.

Sec 3

The preliminary conference shall be terminated not later than ten (10) days after its commencement, whether or not the parties have agreed to settle amicably.

Sec 4

If, after submission of the pre-trial briefs, the court determines that, upon consideration of the pleadings, the affidavits and other evidence submitted by the parties, a judgment may be rendered, the court may order the parties to file simultaneously their respective memoranda within a non-extendible period of twenty (20) days from receipt of the order. Thereafter, the court shall render judgment, either full or otherwise, not later than ninety (90) days from the expiration of the period to file the memoranda.

Sec 5

The proceedings in the pre-trial shall be recorded. Within ten (10) days after the termination of the pre-trial, the court shall issue an order which shall recite in detail the matters taken up in the conference, the actions taken thereon, the amendments allowed in the pleadings, and the agreements or admissions made by the parties as to any of the matters considered. The court shall rule on all objections to or comments on the admissibility of any documentary or other evidence, including any affidavit or any part thereof. Should the action proceed to trial, the order shall explicitly define and limit the issues to be tried and shall strictly follow the form set forth in Annex "A" of these Rules. The contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice. After the pre-trial, the court may render judgment, either full or partial, as the evidence presented during the pre-trial may warrant.