Legal Counselling Reviewer (Questions taken from quizzes) A Filipino citizen who graduated from a foreign law school
uated from a foreign law school shall be
1. Is there a distinction between a practicing lawyer and a trial lawyer?
Practice of law is any activity in or out of court which requires the application
of law, legal procedure, knowledge, training and experience. Generally, to
practice law is to give advice or to render any kind of service which requires
the use in any degree of legal knowledge or skill. (Cayetano v Monsod)
Trial Lawyer – One who personally handles cases in court, administrative
agencies or boards and engages in actual trial work, either for the
prosecution or for the defense of cases of clients.
“Interpreted in the light of the various definitions of the term Practice of law".
particularly the modern concept of law practice, and taking into
consideration the liberal construction intended by the framers of the
Constitution, Atty. Monsod's past work experiences as a lawyer-economist, a
lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator of both the rich and the poor — verily more
than satisfy the constitutional requirement — that he has been engaged in
the practice of law for at least ten years.”
Criteria for the practice of law (Dissenting Opinion of Justice Padilla in
Cayetano v Monsod)
a. Habituality – implies customarily or habitually holding oneself out to
the public as a lawyer.
b. Compensation – implies that one must have presented himself to
be in the active practice and that his professional services are
available to the public for compensation, as a source of livelihood or
in consideration of his said services.
c. Application of law, legal principles, practice or procedure, which
calls for legal knowledge, training and experience
d. Attorney-client relationship
2. Can a Filipino citizen who graduated from a foregin law school be
admitted to take the Philippine bar exam? B.M. No. 1153 (Re: Letter
of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations
Through Amendments to Rule 138 of the Rules of Court). –
SEC. 5.Additional Requirement for Other Applicants. — xxx
admitted to the bar examination only upon submission to the
Supreme Court of certifications showing:
(a) completion of all courses leading to the degree of Bachelor of
Laws or its equivalent degree;
(b) recognition or accreditation of the law school by the proper
authority; and
(c) completion of all the fourth year subjects in the Bachelor of
Laws academic program in a law school duly recognized by the
Philippine Government.
3. Why is law a profession and not a trade?
Primary characteristics which distinguish the legal profession from business
are:
1. A duty of public service, of which the emolument is a byproduct, and in
which one may attain the highest eminence without making much money.
2. A relation as an "officer of court" to the administration of justice involving
thorough sincerity, integrity, and reliability.
3. A relation to clients in the highest degree fiduciary.
4. A relation to colleagues at the bar characterized by candor, fairness, and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients. (In re:
Sycip, July 30, 1979)
4. Does the membership to the IBP violate a lawyers’ freedom of
association? Explain
Mandatory Membership in the IBP
Compulsory membership to the IBP does not violate a lawyer’s freed of
association. Integration does not make a lawyer a member of any group
of which he is already a member. He becomes a member of the bar
when he passed the Bar Examinations. All that integration actually does
is to provide an official national organization for the well-defined but
unorganized and incohesive group of which every lawyer is already a
member. (In re: Edillon, A.M. No 1928, August 3, 1978)
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5. Options open to new lawyers after passing the bar?
a. Solo private practice – fraught with risks, but the solo practitioner
enjoys being his own boss
b. Assistant or associate or partner in a private law firm – offer
better opportunities. This could be attained by organizing a law firm
from among your classmates or by joining a partnership with some
familiar friend lawyers who are financially well-oiled and capable of
satisfying the overhead expenses of maintaining a law office.
c. Legal officer in corporate law department – offers a higher
salaray, aside from the employment of generous fringe benefits and
perks not usually employed from a private law firm. The drawback is
the fear of losing a high paying job rathen then speculating on a new
venture of private practice.
d. Government employment – to gain experience and specialization
in a particular field
6. How do lawyers obtain clients?
Results of an IBP survey:
Reputation for capability as a lawyer (26%)
Reputation fro trustworthiness (23%)
Personal acquaintance with lawyer (20%)
Referral by neighbor or friend (13%)
Participation in civic, religious, and community activities
Referral by another lawyer
Lawyer’s political activity
Lawyer’s appearance and conduct in court
Reputation plus personal contact account for 85% of client’s reasons in
the selection of a lawyer who will defend his cause in court. Since it is the
lawyer’s capability, reputed and known, that is his most effective means for
obtaining and keeping a clientele, it behooves of a practitioner to devote his
energy and time in doing a better job, and preparing himself for doing a still
better job the next time around.
7. Requirements for Admission to the Bar
1. Citizen of the Philippines;
2. At least 21 years of age;
3. Of good moral character;
Note: The requirement of good moral character is not only a
condition precedent to admission to the practice of law, its continued
possession is also essential for remaining in the practice of law (In
the Matter of the Disqualification of Bar Examinee Haron S. Meling in
the 2002 Bar Examinations and for Disciplinary Actions as Member
of the Philippine Shari’a Bar)
4. Resident of the Philippines;
5. Must produce before the SC satisfactory evidence of good moral
character;
6. No charges against him, involving moral turpitude, have been filed or
are pending in any court in the Philippines (Rules of Court, Rule 138,
Sec. 2)
7. Must have complied with the academic requirements:
a. Had pursued and satisfactorily completed in an authorized and
recognized university or college which requires for admission the
completion of a 4-year highschool course;
b. A bachelor’s degree in arts or sciences with political science, or
logic, or English, or Spanish or history, or economics as a major
or field of concentration; and
c. A four-year bachelor’s degree in law with completed courses in
civil law, commercial law, remedial law, criminal law, public and
private international law, political law, labor law and social
legislation, medical jurisprudence, taxation and legal ethics
(Rules of Court, Rule 138, Sec. 5 & 6)
8. Pass the bar examinations;
9. Take the Lawyer’s Oath; and
10. Sign the Roll of Attorneys and receive from the clerk of court of the
SC a certificatie of license to practice.
8. How do you fix attorney’s fees?
In fixing the amout of attorney’s fees, the following should serve as
guidelines:
a. The value of litigation involved;
b. The professional standing of the lawyer in the community;
c. The difficulty of the issues involved.
The amount of attorney’s fees on a contingent basis, may depend upon the
agreement of the parties. Provided, that it is not champerous or confiscatory
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in nature. Neither should the amount be unconscionable, otherwise, the 4. Any ground for legal separation;
courts could order its reduction to make it reasonable based on the standard 5. The jurisdiction of courts;
of quantum meruit. 6. Future legitime;
7. Criminal liability;
9. Discuss the Alternative Dispute Resolution and when is it used? 8. Those which by law cannot be compromised

The alterntive dispute resolution system refers to any process or procedure 10. What is Court Annexed Mediation (CAM)?
"Court-Annexed Mediation" means any mediation process conducted
used to resolve a dispute or controversy, other than by adjudication of a
under the auspices of the court, after such court has acquired jurisdiction
presiding judge of a court or an officer of a government agency, as defined in
of the dispute (RA 9285, Sec. 3[L])
this Act, in which a neutral third party participates to assist in the resolution of
issues, which includes arbitration, mediation, conciliation, early neutral
evaluation, mini-trial, or any combination thereof (RA 9285, Sec. 3 [a]). What is Court-Annexed Mediation (CAM)? CAM is a voluntary process
conducted under the auspices of the court by referring the parties to the
It is the policy of the State to actively promote party autonomy in the Philippine Mediation Center (PMC) Unit for the settlement of their dispute,
assisted by a Mediator accredited by the Supreme Court.
resolution of disputes or the freedom of the party to make their own
arrangements to resolve their disputes. (RA 9285, Sec. 2)
What are the cases subject to CAM? The following cases shall be referred
to CAM:
"Arbitration" means a voluntary dispute resolution process in which one or
more arbitrators, appointed in accordance with the agreement of the parties,
1. All civil cases, except those which by law may not be compromised
or rules promulgated pursuant to this Act, resolve a dispute by rendering an (Article 2035, New Civil Code);
award;
2. Special proceedings for the settlement of estates;
"Mediation" means a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assist the
3. The civil aspect of Quasi-Offenses under Title 14 of the Revised
parties in reaching a voluntary agreement regarding a dispute. Penal Code;
"Early Neutral Evaluation" means an ADR process wherein parties and their
4. The civil aspect of criminal cases where the imposable penalty does
lawyers are brought together early in a pre-trial phase to present summaries not exceed six years imprisonment and the offended party is a
of their cases and receive a nonbinding assessment by an experienced, private person; and
neutral person, with expertise in the subject in the substance of the dispute;
5. The civil aspect of theft (not qualified theft), estafa (not syndicated or
"Mini-Trial" means a structured dispute resolution method in which the merits large scale estafa), and libel.
of a case are argued before a panel comprising senior decision makers with
or without the presence of a neutral third person after which the parties seek
a negotiated settlement; 11. What is Judicial Dispute Resolution (JDR)?

Exceptions to the Application of this Act: (RA 9285, Sec. 6)

What is Judicial Dispute Resolution (JDR)?
1. Labor disputes covered by PD 422
2. Civil Status of marriage; JDR is a process whereby the judge (called the JDR Judge) employs
3. The validity of a marriage; conciliation, mediation or early neutral evaluation in order to settle a case at

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the pre-trial stage. In the event the JDR fails, then another judge (called the
trial judge) shall proceed to hear and decide the case.
What are the cases subject to JDR?
The following cases shall be referred to JDR by Judges in areas declared as
JDR sites:
1. All cases which were not successfully settled in CAM;
2. All appealed cases from the exclusive and original jurisdiction of the
First Level Courts:
o over civil cases and probate proceedings, testate and
intestate, under Section 33, paragraph (1) of the Judiciary
Reorganization Act of 1980;
o over cases of forcible entry and unlawful detainer under
Section 33, paragraph (2) of the Judiciary Reorganization
Act of 1980;
o over civil cases involving title to or possession of real
property or an interest therein under Section 33, paragraph
(3) of the Judiciary Reorganization Act of 1980; and
o over a habeas corpus case decided by the judge of the first
level court, in the absence of all the Regional Trial Court
judges in the province or city, that are brought up on appeal
from the special jurisdiction granted to the first level courts
under Section 35 of the Judiciary Reorganization Act of
1980.
What are the cases that cannot be referred to CAM and JDR?
The following cases shall not be referred to CAM and JDR:
1. Civil cases which by law cannot be compromised, as follows:
o The civil status of persons;
o The validity of a marriage or a legal separation;
o Any ground for legal separation;
o Future support;
o The jurisdiction of courts; and
o Future legitime.
2. Civil aspect of non-mediatable criminal cases;
3. Petitions for Habeas Corpus;
4. All cases under Republic Act No. 9262 (Violence against Women and
Children); and
5. Cases with pending application for Restraining Orders/Preliminary
Injunctions.
However, in cases covered in numbers 1, 4 and 5 where the parties inform
the court that they have agreed to undergo mediation on some aspects
thereof, e.g., custody of minor children, separation of property, or support
pendente lite, the court shall refer them to mediation.
12. Discuss the role of lawyers in CAM and JDR?
Resolution A.M. No. 11-1-6-SC-PHILJA
Lawyers may attend mediation proceedings in the role of adviser and
consultant to their clients, dropping their combative role in the
adjudicative process, and giving up their
dominant role in judicial trials. They must accept a less directive role
in order to allow the parties more opportunities to craft their own
agreement.
In particular, they shall perform the following functions:
1. Help their clients comprehend the mediation process and its
benefits and allow them to assume greater personal
responsibility in making decisions for the success of mediation
in resolving the dispute.
2. Discuss with their clients the following:
*The substantive issues involved in the dispute.
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 *Prioritization of resolution in terms of importance to client.
*Understanding the position of the other side and the
underlying fears, concerns, and needs underneath that
position.
*Need for more information or facts to be gathered or
exchanged with the other side for informed decision making.
*Possible bargaining options but stressing the need to be
open-minded about other possibilities.
*The best, worst, and most likely alternatives to a negotiated
agreement.

3. Assist in preparing a compromise agreement that is not

contrary to law, morals, good customs, public order, or public
policy so that the same may be approved by the court, paying
particular attention to issues of voluntary compliance of what
have been agreed upon, or otherwise to issues of enforcement
in case of breach.
4. Assist, wherever applicable, in the preparation of a
manifestation of satisfaction of claims and mutual withdrawal
of complaint and counterclaim as basis for the court to issue
an order of dismissal.

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Salient features of the Revised Guidelines for Continuous
Trial of Criminal Cases
SOURCE: http://ibpzn.com/revised-guidelines-for-continuous-trial-of-
criminal-cases/
1. It applies to all newly-filed criminal cases, including those
governed by Special Laws and Rules1, in the First and Second
Level Courts, the Sandiganbayan and the Court of Tax Appeals.
It also applies to pending criminal cases with respect to the
remainder of the proceedings. It shall not apply to cases under
the Rule on Summary Procedure.
2. Trial shall be held from Monday to Thursday at exactly 8:30
A.M. and 2:00 P.M2. Hearing on motions, arraignment and pre-
trial, and promulgation of judgment of decisions are in the
morning of Fridays.3
3. Motions for inhibitions based on Rule 137 shall be resolved
immediately or within two calendar days from filing.
4. Prohibited motions shall be denied outright before the
arraignment without need of comment.
5. The following are the prohibited motions:
1. Motion judicial determination of probable cause.
2. Motion for preliminary investigation filed beyond the five (5)
day period in inquest proceedings4 or when preliminary
investigation is required5 or allowed in inquest proceedings and
the accused failed to participate despite due notice.
3. Motion for reinvestigation of the prosecutor who recommends
the filing of the information once the information has been filed
before the court (1) if the motion is filed without prior leave (2)
when preliminary investigation is required and has been actually
conducted, and the grounds relied upon in the motion are not
meritorious, such as issues of credibility, admissibility of
evidence, innocence of the accused, or lack of due process
when the accused was actually notified, among others.
4. Motion to quash information when the ground is not one of
those stated in the rules.6
5. Motion for bill of particulars that does not conform to the
rules.7
6. Motion to suspend arraignment based on grounds not stated
by the rules8.
7. Petition to suspend criminal action based on prejudicial
question when no civil case has been filed 9.
6. Motion for postponement is prohibited, except if it is based on
acts of God, force majeure or physical inability of the witness to
appear and testify. If the motion is granted based on said
exceptions, the moving party shall be warned that the
presentation of its evidence must still be finished on the dates
previously agreed upon. A motion for postponement shall at all
times be paid with the Office of the Clerk of Court. The Branch
COC shall not accept the motion unless accompanied by the
original receipt.
7. If a party fails to qualify for PAO services, the IBP shall
provide free legal assistance to the party. The IBP shall submit
the list of lawyers to the Executive Judge for possible
appointment as counsel de officio in such cases.
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8. Where only the civil liability is being prosecuted, the head of
the prosecution office may issue a written authority to a private
prosecutor who may prosecute in the absence of the public
prosecutor.10
9. Consolidation of cases may be done even before raffling
provided a motion for consolidation accompanies the filing
before the Office of the Clerk of Court. If a new case is filed
involving an accused who has been subjected to further
investigation by the office of the prosecutor over an incident
involving the same subject matter as that of the already raffled
information, the new case shall be assigned directly to the court
where the earlier case is pending, provided, there is a motion for
consolidation from the office of the prosecutor that accompanies
its filing in court. The proceedings already had in the old case
may be adopted.
10. Archiving of cases shall be done within the period prescribed
under the guidelines11. A criminal case shall be archived only if,
after the issuance of the warrant of arrest, the accused remains
at large for six (6) months from the delivery of the warrant to
the proper peace officer. Such case may likewise be archived
when proceedings therein are ordered suspended for an
indefinite period because: a.) the accused appears to be
suffering from an unsound mental condition, b.) a valid
prejudicial question in a civil action is invoked during the
pendency of the criminal case, c.) an interlocutory order or
incident in the criminal case is elevated to a higher court which
issued a TRO or writ of preliminary injunction, d.) when the
accused has jumped bail before arraignment and cannot be
arrested by the bondsman.
11. Arraignment and Pre-trial shall be set within ten (10)
calendar days from date of the court’s receipt of the case for a
detained accused, and within thirty (30) calendar days from the
date the court acquires jurisdiction over a non-detained
accused. The setting shall be incorporated in the commitment
order or in the approval of the bail in other cases. Notices shall
be sent to the accused, his/her counsel, private complainant or
complaining law enforcement agent, public prosecutor, and
witnesses whose names appear in the information for purposes
of plea-bargaining, arraignment and pre-trial.
12. In multiple cases, the court, upon personal examination of
the accused may allow a waiver of the reading of the
information upon the full understanding and express consent of
the accused and his/her counsel, which consent shall be
expressly stated in both the minutes/certificate of arraignment
and the order of arraignment.
13. Plea bargaining except in drug cases shall immediately
proceed, provided the private offended part in private crimes, or
the arresting officer in victimless crimes, is present to give
his/her consent with the conformity of the public prosecutor.
Thereafter, judgment shall immediately be rendered in the same
proceedings.
14. If the accused pleads guilty to the crime charged in the
information, judgment shall be immediately rendered, except in
those cases involving capital punishment.
15. If no plea bargaining or plea of guilty, the court shall
immediately proceed with the arraignment and the pre-trial. The
schedule of the trial dates, for both the prosecution and the
accused, shall be continuous and within the periods provided in
the Regular Rules/Special Rules. The trial dates may be
shortened depending on the number of witnesses to be
presented.From the time of the arraignment and pre-trial, it shall
be set for trial within thirty (30) days. Trial on the merits shall be
conducted for a period of six (6) months only and promulgation
of judgment is set within ninety (90) days from submission of the
case for decision for regular rules.
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For drug cases, trial shall be finished not later than sixty (60)
days from filing of the information. Decision shall be rendered
within fifteen (15) days from submission of case for decision.
For environmental cases, from arraignment and pre-trial, it shall
be set for hearing within thirty (30) days. Trial on the merits shall
be conducted for a period of three (3) months then filing of
memoranda is within thirty (30) days and the decision shall be
rendered within sixty (60) days from the last day to file
memoranda. Disposition period shall be within ten (10) months
from date of arraignment.
For intellectual property right cases, from arraignment and pre-
trial, it shall be set for hearing within thirty (30) days. Trial on the
merits shall be conducted for a period of sixty (60) days then
filing of memoranda is within thirty (30) days and the judgment
shall be rendered within ninety (90) days from submission of
case for decision.
16. Pre-trial shall proceed even in the absence of parties
provided, they were notified and the counsel for the accused
and the public prosecutor are present. The documentary
evidence for both parties shall be marked. The pre-trial order
shall immediately be served upon the parties and counsel on
the same day after the termination of the pre-trial. Courts must
strictly comply with the rules.12
17. The following shall be referred to mediation:
a. B.P Blg 22.
b. SSS Law13.
c. Pag-Ibig Law.14
d. Theft under Art. 308, RPC.
e. Estafa under Art. 315(1), RPC, except estafa under Art. 315
(2) and (3).
f. Other forms of swindling under Art. 316, RPC.
g. Swindling of a minor under Art. 317, RPC.
h. Other deceits under Art. 318, RPC.
i. Malicious Mischief under Art. 327, RPC.
j. Libel by means of writings or similar means under Art 355,
RPC.
k. Threatening to publish and offer to present such publication
for a compensation under Art. 356, RPC.
l. Prohibited publication of acts referred to in course of official
proceedings under Art. 357, RPC.
m. Grave Slander (Grave Oral Defamation)- of serious and
insulting nature under Art. 358, par. 1, RPC.
n. Simple Slander ( Oral Defamation)- not of a serious and
insulting nature under Art. 358, RPC.
o. Grave Slander by Deed- of a serious nature under Art. 359,
par. 1, RPC.
p. Simple Slander by Deed- not of a serious nature under Art.
359, par. 2, RPC.
q. Incriminating innocent person under Art. 363, RPC.
r. Intriguing against honour under Art. 364, RPC.
s. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012)
where the liability may be civil in nature.
t. Criminal negligence under Title 14, RPC, where the liability
may be civil in nature, and
u. Intellectual property rights cases where the liability may be
civil in nature.
18. The referral of the case for mediation shall be made only
after the arraignment and the pre-trial/preliminary conference.
The mediation shall be terminated within a non-extendible
period of thirty (30) calendar days. Except those case
mentioned above, criminal cases under the Rule on Summary
Procedure shall not be referred to mediation.
19. Petition for bail filed after the filing of the information shall be
set for summary hearing after arraignment and pre-trial. It shall
be heard and resolved within a non-extendible period of thirty
(30) days from the date of the first hearing, except in drug cases
which shall be heard and resolved within twenty (20) calendar
8
days. The accused need not present evidence to rebut the
prosecution’s evidence. Motion for reconsideration on the
resolution of petition for bail shall be resolved within a non-
extendible period of ten (10) calendar days from date of
submission of the motion.
20. For First Level Courts, in all criminal cases, including those
covered by the Rule on Summary Procedure , the testimonies of
witnesses shall consist of the duly subscribed written
statements given to law enforcement officers or the affidavits or
counter-affidavits submitted before the investigating prosecutor
and if such are not available, testimonies shall be in the form of
judicial affidavits. The trial prosecutor may opt to dispense with
the sworn statements submitted to the law enforcement officers
and instead prepare judicial affidavits or modify or revise the
said sworn statements.
21. For Second Level Courts, Sandiganbayan and Court of Tax
Appeals, where the demeanor of the witnesses is not essential,
like the forensic chemist, medico-legal officers, investigators,
auditors, accountants, engineers, custodians, expert witnesses
and other similar witnesses, who will testify on the authenticity,
due execution and the contents of public documents and
reports, and in criminal cases that are transactional in character,
such as falsification, malversation, estafa or other crimes where
the culpability or innocence of the accused can be established
through documents, the testimonies of the witnesses shall be
the duly subscribed written statements given to law enforcement
officers or the affidavits or counter-affidavits submitted before
the investigating prosecutor, and if such are not available,
testimonies shall be in the form of judicial affidavits.
22. During the pre-trial/preliminary conference, the court shall
require the parties to stipulate on the testimonies of witnesses
who have no personal knowledge of the material facts
constituting the crimes, such as, forensic chemists, medico-legal
officers, investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar witnesses, who
will testify on the authenticity, due execution and the contents of
public documents and reports; corroborative witnesses; and
those who will testify on the civil liability. This is without
prejudice to additional direct and cross examination questions.
23. The court shall encourage the accused and the prosecution
to avail of Secs. 12 and 13 and 15, Rule 119 of the Rules of
Court15.
24. In the absence of the counsel de parte, the hearing shall
proceed upon appointment by the court of a counsel de officio.
25. The offer of evidence, the comment/objection thereto, and
the court ruling thereto shall be made orally in open court on the
same day after the presentation of the last witness either for the
prosecution or for the defence. The court shall ensure that the
offered evidence are submitted to court on the same day it is
offered.
26. The court shall inquire from the accused his/her desire to
move for leave of court to file demurrer to evidence or to
proceed in presenting his/her evidence. If the accused orally
moves for leave of court to file a demurrer to evidence, the court
shall orally resolve the same. If the motion for leave is denied,
the court shall issue an order for the accused to present and
terminate his/her evidence on the dates previously agreed upon,
and to orally offer and rest his/her case on the day his/her last
witness is presented. If accused insists on filing the demurrer to
evidence without leave, the previously scheduled dates for the
accused to present evidence shall be cancelled. The demurrer
shall be resolved by the court within a non-extendible period of
thirty (30) calendar days from the date of the filing of the
comment or lapse of the ten (10)-day period to comment.
If the motion for leave of court to file demurrer to evidence is
granted, and the demurrer to evidence is denied, the accused
9
shall likewise present and terminate his/her evidence, one day
apart, morning and afternoon and shall orally offer and rest
his/her case on the day his/her last witness is presented.
27. The court shall strictly adhere to the rule that a witness has
to be fully examined in one (1) day.
32. The physical inventory of cases and preparation of the
semestral report16 shall not suspend court hearings.
33. All courts covered by the Revised Guidelines shall
accomplish and submit a periodic report of data in a form to be
generated and distributed by the Committee.

28. The submission of memoranda is discretionary on the part of
the court which in no case shall exceed twenty-five (25) pages
in length, single-spaced, on legal size paper, using size 14 font.
Its filing is non-extendible and shall not suspend the running of
the period of promulgation of the decision.
34. Non-compliance with the Revised Guidelines, including
failure to observe the timelines and deadlines herein provided,
is a ground for disciplinary action.

29. Judges who conducted the trial and heard the testimonies of
witnesses shall submit the case for decision even if the
transcript of stenographic notes are incomplete or missing. If the
case was heard completely by another judge, not the judge
tasked to write the decision, the latter shall direct the
stenographers concerned to submit the complete transcripts
within the period of thirty (30) calendar days from date of his/her
assumption to office.

30. The judge shall announce in open court and include in the
order submitting the case for decision, the date of the
promulgation of its decision which shall not be more than ninety
(90) calendar days from the date the case is submitted for
decision, except when the case is covered by special Rules and
other laws which provide for a shorter period.

31. A motion for reconsideration of judgment of conviction or

motion for new trial under Rule 121 filed within the reglementary
period of fifteen (15) days from promulgation shall be resolved
within a non-extendible period of ten (10) calendar days from
the submission of the comment of the prosecution or even in the
absence of comment.

10