Category Archives: Pre-Trial

The determination of issues during the pre-trial conference bars the consideration of other questions, whether during trial or on appeal

Petitioner claims that respondent’s non-presentation of the insurance contract or policy between the respondent and the consignee is fatal to its cause of action. We do not agree. First of all, this was never raised as an issue before the … Continue reading

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Is pre-trial a delaying tactic device and mere technicality?

Pre-trial* is an essential device for the speedy disposition of disputes.  Hence, parties cannot brush it aside as a mere technicality.  Where the pre-trial brief does not contain the names of witnesses and the synopses of their testimonies as required … Continue reading

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Appearance of parties and their counsel at the pre-trial conference, along with the filing of a corresponding pre-trial brief, is mandatory, nay, their duty

Rule 18 of the Rules of Court leaves no room for equivocation; appearance of parties and their counsel at the pre-trial conference, along with the filing of a corresponding pre-trial brief, is mandatory, nay, their duty. Thus, Section 4 and … Continue reading

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Section 2 of Republic Act No. 8493 Provides, Mandatory Pre-trial To Consider:

Section 2 of Republic Act No. 8493 provides, Mandatory Pre-trial in Criminal Cases.  In all criminal cases cognizable by the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court and the Sandiganbayan, the justice or judge  … Continue reading

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