Statute
Interim Rules of Procedure for Intra-Corporate Controversies
37 provisions · showing RULE 5 (5) · source
Section 1
If the court deems necessary to hold hearings to determine specific factual matters before rendering judgment, it shall, in the pre-trial order, set the case for trial on the dates agreed upon by the parties. Only persons whose affidavits were submitted may be presented as witnesses, except in cases specified in section 8, Rule 2 of these Rules. The affidavits of the witnesses shall serve as their direct testimonies, subject to cross-examination in accordance with existing rules on evidence.
Sec 2
Unless judgment is rendered pursuant to Rule 4 of these Rules, the initial hearing shall be held not later than thirty (30) days from the date of the pre-trial order. The hearings shall be completed not later than sixty (60) days from the date of the initial hearing, thirty (30) days of which shall be allotted to the plaintiffs and thirty (30) days to the defendants in the manner prescribed in the rep-trial order. The failure of a party to present a witness on a scheduled hearing date shall be deemed a waiver of such hearing date. However, a party may present such witness or witnesses within his remaining allotted hearing dates.
Sec 3
Evidence not otherwise admitted by the parties or ruled upon by the court during the pre-trial conference shall be offered in writing not later than five (5) days from the completion of the presentation of evidence of the party concerned. The opposing party shall have five (5) days from receipt of the offer to file his comments or objections. The court shall make its ruling on the offer within five (5) days from the expiration of the period to file comments or objections.
Sec 4
Immediately after ruling on the last offer of evidence, the court shall order the parties to simultaneously file, within thirty (30) days from receipt of the order, their respective memoranda. The memoranda shall contain the following: A "Statement of the Case," which is a clear and concise statement of the nature of the action and a summary of the proceedings; A "Statement of the Facts," which is a clear and concise statement in narrative form of the established facts, with reference to the testimonial, documentary or other evidence in support thereof; A "Statement of the issues," which is a clear and concise statement of the issues presented to the court for resolution; The "Arguments," which is a clear and concise presentation of the argument in support of each issue; and The "Relief," which is a specification of the order or judgment which the party seeks to obtain. No reply memorandum shall be allowed.
Sec 5
The court shall render a decision not later than (90) days from the lapse of the period to file the memoranda, with or without said pleading having been filed.