June 15, 2004

EN BANC

A.M. No. 04-1-12-SC

RE: AMENDMENT TO THE GUIDELINES FOR THE IMPLEMENTATION OF AN ENHANCED PRE-TRIAL PROCEEDING THROUGH CONCILIATION AND NEUTRAL EVALUATION

RESOLUTION

The Court Resolved to APPROVE the proposed amendment of the Guidelines for the Implementation of an Enhanced Pre-Trial Proceeding through Conciliation and Neutral Evaluation, particularly item III thereof on Procedure and Need for Pairing System, thus: Amendment Underlined.

III. Procedure and Need for Pairing System

Under the above concepts, judicial proceedings are divided into two stages (1) from the filing of a complaint to the pre-trial stage (pre-mediation and post mediation stages), and (2) trial and judgment stage. The judge to whom the case has been raffled presides over the pre-trial stage and the pairing judge presides over the trial stage. The pairing system shall be as provided for in existing Court Orders/Circulars.

In situations where there is no pairing judge due to inhibitions, retirement, vacancy or any other cause, the trial judge shall be determined by a second raffle among the judges excluding the pre-trial judge. In these instances, the pre-trial judges shall, upon termination of pre-trial, immediately forward the records to the Office of the Clerk of Court for second raffle under existing procedures, within seventy-two hours from receipt of such records. aIAHcE

The judge presiding over the first stage (pre-trial judge) shall observe Section 2 (a) of Rule 18 of the Rules of Court. In issuing an order to file pre-trial brief he shall also require a statement of undisputed facts, the proposed issues for resolution, and a synopsis of the law and jurisprudence relied upon, and, in cases covered under Section IV herein below, order the parties to appear for mediation at the PMC for mediation proceedings. If mediation fails and the case is referred back to the pre-trial judge, he shall act as a conciliator, neutral evaluator, mediator, as explained above.

If settlement is still not reached, a pre-trial order shall be issued to include a referral of the case to the pairing judge for trial (trial judge). It is believed that the parties will be freer and more spontaneous once they are assured that the conciliator judge/neutral evaluator will not be the one to try the case.

Vitug and Corona, JJ., on official leave. Ynares-Santiago, J., on leave.