1. Punctuality and strict observance of office hours. — Punctuality in the holding of scheduled hearings is an imperative. Trial judges should strictly observe the requirement of at least eight hours of service a day, five hours of which should be devoted to trial, specifically from 8:30 a.m. to 12:00 noon and from 2:00 to 4:30 p.m. as required by par. 5 of the Interim Rules issued by the Supreme Court on January 11, 1988, pursuant to Sec. 16 of BP 129.
2. Maximize use of pre-trial and discovery procedures. — Pre-trials are not intended merely to determine whether the parties can arrive at compromises. Exhaustive pre-trials should be conducted to reduce areas of conflict and simplify issues, secure stipulations or admissions of facts, limit the number of witnesses, consider the advisability of preliminary reference of issues to a commissioner and other matters as may aid in the prompt disposition of the action. (Rule 20, Section 1 of the Rules of Court)
Judges should exert more effort to resolve the remaining issues by judgment on the pleadings or summary judgments especially in simple collection cases where the pleadings manifestly raise no genuine issues or only sham issues, as enjoined by rule 20, Section 3 in relation to rule 19 and Rule 34 of the Rules of Court. .
3. Availment of discovery procedures. — Lawyers and parties should be encouraged to avail of discovery procedures provided for in Rule 24 to Rule 29 of the Rules of Court. This is a neglected area in our adversarial process. Its use would greatly expedite the trial of cases.
4. Active management of trials, minimum postponements. —
(a) Judges should actively manage the trial of their cases by rational calendaring of cases, avoid unnecessary postponement of cases, plan the course and direction of trials so that waste of time is avoided. Judges should closely supervise court personnel so that adequate precautions are taken in sending out subpoenas, summons and court processes to ensure that they are timely served and received.
(b) A rational policy on postponements should be observed by the judges so that the courts are not at the mercy of the lawyers and the parties without at the same time imposing abusive, unnecessary and oppressive denial of meritorious motions for postponements. Courts should strictly enforce the provisions of Sections 3, 4, and 5 of Rule 22 on the matter of adjournment and postponements. Judges should note that under Rule 22, Section 3, the court has no authority to adjourn a trial for a longer period than one month for each adjournment, nor more than three months in all, unless authorized in writing by the chief Justice.
(c) Trial of cases should be conducted punctually, expeditiously and efficiently for the speedy disposition of cases.
In criminal cases, judges should strictly observe the provisions of Rule 119, Section 2 for a continuous day to day trial as practicable until terminated.
(d) There should be a rational and realistic calendar management so that only a sufficient number of cases are calendared that will permit the judge to hear all the cases as scheduled.
5. Annual Conferences on pending cases. — Judges should avail of annual conferences mandated by the Rules of Court (Rule 22, Section 6) to determine the causes of delay. The conference should be held at the end of one year from the day the trial proper has commenced and every year thereafter. At the conference, ways and means should be devised for the proper termination of the trial.
As required under Rule 22, Section 6, a statement of the result of the conference should be attached to the record.
6. Inventory of cases. — There should be a continuous and a physical inventory of cases on a monthly basis so that the trial judge is aware of the status of each case. With the assistance of the branch clerk of court, a checklist should be prepared indicating the steps to be taken to keep cases moving.
7. Preparation of concise and brief decisions. — While decision writing is a matter of personal style, judges should endeavor to prepare brief decisions, orders or resolutions. Every judge should have on his desk a table or calendar indicating the cases submitted for decision.
8. Visitations by Supreme Court personnel. — In order to assist trial judges and so that appropriate audits can be effected, the Supreme Court through the Office of the Court Administrator shall from time to time be sending out teams of staff attorneys and personnel of the Office of the Court Administrator to conduct visitations of the different courts. This shall be done periodically and without previous notice. Such teams shall so conduct themselves so as not to interfere with the work of the trial judges but shall observe proceedings, conduct dialogues, make audits of case dispositions and report to the Supreme Court their observations and recommendations. Your utmost cooperation with these teams is enjoined.
9. Exemplars in the Community. — Finally, all trial judges should endeavor to conduct themselves strictly in accordance with the mandate of existing laws and the Code of Judicial Ethics that they be exemplars in their communities and the living personification of justice and the Rule of Law.
