CBF 22.4A

Party’s Draft Terms of Reference

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed

Enter information in block letters in all parts of the Form except when reserved for Court use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)
(Municipality/City/Province)
q METC/MTCC/MTC/MCTC
q RTC
BRANCH
Case No.
Plaintiff/
Petitioner / , v.
Defendant/ Respondent
COUNSEL OR PARTY WITHOUT COUNSEL
Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. / Date/
Place of Issue
Roll No.
IBP No. / q Lifetime
q Date/Chapter
MCLE / q Compliance
q Exemption / No.
Other Compliances
Counsel for
q Plaintiff/
Petitioner
q Defendant/
Respondent
q Other

PARTY’S TERMS OF REFERENCE

UNDER SECTION 22.4, RULE 22

In compliance with the Order of this Honorable Court dated
______,

q plaintiff/petitioner ______

q defendant/respondent/oppositor ______

q intervenor______

submits this draft of the Terms of Reference.

Summary of the Admitted Facts

Based on the parties' pleadings, judicial affidavits, documentary and object exhibits, and the results of discovery proceedings, the following facts have been admitted by the parties and are thus no longer in dispute:

1.  ______(ex. Plaintiff and defendant are siblings. )

source:______

(ex. Complaint, par. 3; Answer, par. 3; Certificate of Live Birth of Plaintiff, Exhibit A: Certificate of Live Birth of Defendant, Exhibit 1)

2.  ______

source:______

3.  ______

source:______

Use additional sheets, if necessary.

Documentary and Object Evidence

1. The documentary evidence attached to the party's pleading and judicial affidavits are:

q originals.

q certified true copies.

q faithful reproductions of the originals, which were exhibited for comparison by the adverse party before the Branch Clerk of Court and noted to be faithful reproductions of the originals.

q faithful reproductions of the originals, which were exhibited for comparison but the adverse party waived comparison by non-appearance, and the Branch Clerk of Court made the comparison and noted them to be faithful reproductions of the originals.

2. The object evidence referred to in the party's pleading and judicial affidavits:

q have been turned over to the custody of the court on ______.

(date)

q are represented through the photographs of such objects attached to the party's pleading and judicial affidavits, which were exhibited for comparison with the objects by the adverse party before the Branch Clerk of Court, and the photographs were noted to be faithful reproductions of the object evidence.

q are represented through the photographs of such objects attached to the party's pleading and judicial affidavits, which were exhibited for comparison with the objects but the adverse party waived such comparison by non-appearance, and the Branch Clerk of Court made the comparison and noted the photographs to be faithful reproductions of the object evidence.

Facts Established by the Party's Evidence

Based on the submitting party's judicial affidavits and documentary and object exhibits, the following facts appear to have been established:

1.  ______(ex. Plaintiff and defendant are siblings. )

source:______

(ex. Complaint, par. 3; Answer, par. 3; Certificate of Live Birth of Plaintiff, Exhibit A; Certificate of Live Birth of Defendant, Exhibit B)

2.  ______source:______

______

source:______

Use additional sheets, if necessary.

Facts Established by the Adverse Party's Evidence

Based on the adverse party's judicial affidavits and documentary and object exhibits, the following facts appear to have been established:

1.  ______(ex. Plaintiff was legally adopted by the Spouses Juan and Maria Santos when he was 7 years old.)

source:______

(ex. Judicial Decree of Adoption, Exhibit 1; Certificate of Live Birth of Plaintiff with Annotation of Decree of Adoption, Exhibit 2)

2.  ______source:______

3.  ______source:______

Use additional sheets, if necessary.

Factual Issues

Based on the above summaries of the facts which appear to have been established by the respective parties' evidence, the factual issues that remain to be resolved by the court are:

1.  ______(ex. Did the Spouses Santos execute an affidavit of revocation?)

______

2.  ______(ex. Did the Spouses Santos execute an affidavit of revocation?)

______

3.  ______(Did the Spouses Santos execute an affidavit of revocation?

______

Use additional sheets, if necessary.

Party's Witnesses

The following are the party's witnesses:

Name / Address / Subject of Testimony
(ex. Pacita Cruz, Midwife) / (ex. San Jose Lying-in Clinic, Bgy. Atis, Municipality of Daet, Camarines Sur) / (ex. to testify that she was the midwife who assisted Rita, mother of plaintiff and defendant, in the birth of plaintiff, and that she caused the recordal of the birth of plaintiff with information given by Celso, father of plaintiff and defendant.)

Use additional sheets if necessary.

Legal Issues

Based on the parties' submissions, the legal issues for the court's resolution are:

1.  ______(ex. Was the revocation of the Spouses Santos' adoption of plaintiff valid? If the revocation of the adoption is valid, is plaintiff reinstated as an heir of his deceased parents, together with defendant?)

______

2.  ______(ex. Was the revocation of the Spouses Santos' adoption of plaintiff valid? If the revocation of the adoption is valid, is plaintiff reinstated as an heir of his deceased parents, together with defendant?)

______

3.  ______(ex.Was the revocation of the Spouses Santos' adoption of plaintiff valid? If the revocation of the adoption is valid, is plaintiff reinstated as an heir of his deceased parents, together with defendant?)

______

Use additional sheets, if necessary.

Availability for Preliminary Conference

Party and counsel shall be available for preliminary conference on any of the following dates:

1.______

2.______

3.______

4.______

Proof of Service
A copy of the Terms of Reference was served upon:
Person’s Name / Method / Place Served / Date Served
q Personal Service
q Licensed Courier
q Registered Mail
q Facsimile or Other Electronic Means
q Personal Service
q Licensed Courier
q Registered Mail
q Facsimile or Other Electronic Means
q Personal Service
q Licensed Courier
q Registered Mail
q Facsimile or Other Electronic Means
q Personal Service
q Licensed Courier
q Registered Mail
q Facsimile or Other Electronic Means
Proof of such service is attached as an annex.
Date / Party/Party’s Counsel Name and Signature

Special Instructions

WAIVER OF SUBMISSION OF TOR

Non-submission of a party's Terms of Reference shall result in the waiver of its submission, in addition to the imposition of any other sanction the court may deem fit for such non-compliance.

ADMISSIONS/IRRELEVANCE

The facts alleged by the parties in their complaint, answer, and judicial affidavits, when not put in issue in the Terms of Reference, shall be deemed admitted or otherwise regarded as irrelevant to the resolution of the dispute. (Section 22.4(e), Rule 24)

USE OF THIS FORM

This is a template of the Terms of Reference required to be filed by each party under Rule 22.4. A party may use his own style and language in preparing his Terms of Reference, but it must conform to the format and contain all the necessary allegations embodied in this form. Instead of "the submitting party" or "the adverse party", the name or party-designation may be used, e.g., "plaintiff" or "defendant."

FINAL TOR

The court shall prepare the final Terms of Reference of the case taking into account the parties’ drafts. The final Terms of Reference shall control the scope of trial.

AVAILABILITY FOR PRELIMINARY CONFERENCE

List, at least, four dates falling within the next 60 days on the designated hearing days for civil cases of the court when both counsel and party or party's duly authorized representative can appear before the court.

PARTY’S TERMS OF REFERENCE UNDER RULE 22.4 / page 2 of 5