It is always best that cases be resolved based on its merits and not because of procedural or technical errors
The calendar of cases in courts are vital documents in the orderly administration of justice.
It is the “clerk of court, under the direct supervision of the judge, [who] shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing” (Section 1, Rule 20).
Due to their importance, “[p]reference… is given to habeas corpus cases, election cases, special civil actions, and those so required by law.”
A lawyer attending a hearing or trial may observe, outside of the courtroom, the writing of the calendar of cases, which lists the cases to be heard and tried in the morning or in the afternoon of that day.
Courts also have a calendar book that contains all the court settings for the entire year and the succeeding year.
If a court hearing or trial is not included in the calendar book, it will not be included in the day calendar, unless the lawyer timely notices it and is able to request for its inclusion.
To limit the cancellation of hearings, the 2019 Amended Rules on Civil Procedure introduced the concept of presumptive service (notice).
There is presumptive notice if it appears in court records that the notice was mailed at least 20 calendar days before the date of hearing, if the addressee is within the judicial region, or at least 30 calendar days if the addressee is outside of the judicial region (see Section 10, Rule 13).
In civil cases, a “defendant may, for meritorious reasons, be granted an additional period of not more than 30 calendar days to file an answer.
A defendant is only allowed to file one motion for extension of time to file an answer” (Section 11, Rule 11).
“A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper” (Section 11, Rule 11).
The prohibition on filing a motion for extension of time was reiterated in Section 12 (e), Rule 15.
“The court, however, may allow any other pleading to be filed after the time fixed by these Rules” (Section 11, Rule 11).
While litigants may seek refuge under this provision to request for extensions on other court filings and submissions, the author does not recommend it since its approval or denial is purely left to the discretion of the court, and may be denied outright.
Extensions of time
Extensions of time may be allowed in the Court of Appeals before the filing of a Petition for Review or in the Supreme Court before the filing of a Petition for Review on Certiorari (Appeal by Certiorari) (see Section 1, Rule 42; Section 4, Rule 43; and Section 2, Rule 45).
However, no such extensions are allowed for ordinary appeals such as a notice of appeal or a record on appeal.
It is worth noting that once the court records are elevated to the Court of Appeals, an extension of time to file a brief may be allowed “for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended” (Section 12, Rule 44).
There are no provisions for criminal cases at the trial court level on motions for extension both in the Rules of Criminal Procedure and the 2017 Revised Guidelines for Continuous Trial of Criminal Cases.
This is because the major stages of a criminal proceeding such as arraignment and plea, pre-trial, and trial have limited court filings.
In case a party files a meritorious motion in a criminal case, the adverse party shall file his or her comment within a non-extendible period of 10 days counted from notice or receipt of the order to file the same (see III 2(c), 2017 Revised Guidelines for Continuous Trial of Criminal Cases).
Similar to appeals in civil cases, the period to file ordinary appeals in criminal cases cannot be extended; however, the filing of briefs at the Court of Appeals may be extended for “good and sufficient cause” (Section 5, Rule 124).
Extensions of time may be allowed in Petitions for Review in criminal cases, similar to Rule 42 as used in civil cases (Section 3, Rule 122).
Postponements
In civil cases, motions for postponement are not allowed, except if these are based on acts of God, force majeure, or the physical inability of the witness to appear and testify.
“If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon (during pre-trial)” (Section 12(f), Rule 15).
“A motion for postponement, whether written or oral shall… be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee… [which is] to be submitted either at the time of the filing of said motion or not later than the next hearing date” (Section 12, Rule 15).
The original grounds of illness of a party or counsel to postpone a trial was retained in the 2019 Rules of Civil Procedure so long as “the presence of such party or counsel at the trial is indispensable and that the character of his or her illness is such as to render his or her non-attendance excusable” (Section 3, Rule 30).
The same Rule on postponements apply to criminal cases as stated in III, 2(d) of the 2017 Revised Guidelines for Continuous Trial of Criminal Cases.
Interestingly, the provisions in the 2019 Civil Procedure on postponement were lifted verbatim from the said Guidelines and reiterated in the Pre-Trial Rules in Section 7, Rule 18.
These Rules on calendar of cases, extensions of time, and postponements must be carefully observed by lawyers in order not to prejudice or harm the interest of their clients.
It is always best that cases be resolved based on its merits and not because of procedural or technical errors.