Jurisdiction over the issue:

Xxx d. Jurisdiction over the issues of the case1:

This is determined and conferred:

1. by the pleadings filed in the case by the parties, or

2. by their agreement in a pre-trial order or stipulation, or,

3. at times by their implied consent as by the failure of a party to object to evidence on an issue not

covered by the pleadings, as provided in Sec. 5, Rule 10. xxx CHESTER DE JOYA,  vs. JUDGE

PLACIDO C. MARQUEZ [G.R. No. 162416 January 31, 2006]

.xxxWhen issues not raised by the pleadings are tried with the express or implied consent of the parties

they shall be treated in all respects as if they had been raised in the pleadings.xxx [Rule 10, Sec 5 ROC]

Pre-Trial

     Pre-trial is a procedural device intended to clarify and limit the basic issues between the parties [34] and

to take the trial of cases out of the realm of surprise and maneuvering.[35]

  

The parties themselves or their representative with written authority from them are required to

attend in order to arrive at a possible amicable settlement, to submit to alternative modes of dispute

resolution, and to enter into stipulations or admissions of facts and documents.  

All of the matters taken up during the pre-trial, including the stipulation of facts and the

admissions made by the parties, are required to be recorded in a pre-trial order.[41]

 

Thus, Section 7, Rule 18 of the Revised Rules of Court provides:

 

SEC. 7. Record of pre-trial. – The proceedings in the pre-trial shall be

recorded.  Upon the termination thereof, the court shall issue an order which shall recite

in detail:

1

1. the matters taken up in the conference,

2. the action taken thereon,

3. the amendments allowed to the pleadings, and

4. the agreements or admissions made by the parties as to any of the matters

considered.  

5. Should the action proceed to trial, the order shall explicitly define and

limit the issues to be tried.  

The contents of the order shall control the subsequent course of the action, unless

modified before trial to prevent manifest injustice. LCK INDUSTRIES INC.,

CHIKO LIM and ELIZABETH T. LIM, v. PLANTERS DEVELOPMENT

BANK [G.R. No. 170606 November 23, 2007]

TO:   ALL TRIAL COURT JUDGES AND THEIR PERSONNEL AND

THEINTEGRATED BAR OF THE PHILIPPINES  

SUBJECT:  STRICT OBSERVANCE OF SESSION HOURS OF TRIAL

COURTS AND EFFECTIVE MANAGEMENT OF CASES TO ENSURE THEIR

SPEEDY DISPOSITION.  

To insure speedy disposition of cases, the following guidelines must be

faithfully observed:

A.Pre-Trial    

xxx

3. Before the pre-trial conference, the judge must study the pleadings of every

case and determine the issues thereof and the respective positions of the parties thereon to

enable him to intelligently steer the parties toward a possible amicable settlement of the

case or, at the very least, to help reduce and limit the issues.

Xxx

[c] The judge shall define the factual issues arising from the pleadings and

endeavor to cull the material issues.  Xxx [ADMINISTRATIVE CIRCULAR NO. 3-

99]