Adjournments and postponements | Trial (RULE 30) | CIVIL PROCEDURE

All There Is To Know About Adjournments and Postponements Under Rule 30 of the Philippine Rules of Court

Below is a comprehensive and meticulous discussion on adjournments and postponements during trial in Philippine civil procedure, with references to the Rules of Court (particularly Rule 30) and relevant legal and ethical considerations.

I. LEGAL BASIS AND FRAMEWORK

A. Rule 30 of the Rules of Court

  1. Rule 30, Section 2 (Adjournments and Postponements)
    Under the 1997 Rules of Civil Procedure (as amended by the 2019 Amendments effective May 1, 2020), the rule states in substance that:

    • The court has the power to adjourn a trial from day to day or to any stated time, as may be necessary for the expeditious and convenient transaction of business.
    • The trial court shall expedite the trial of cases and shall not postpone it except for meritorious reasons or when all parties agree.
    • Postponements based on the absence of a witness typically require a showing that the presence of said witness is indispensable, and that due diligence was exercised to procure the attendance of the witness.

  2. Purpose of Rule 30

    • Ensure a prompt and fair trial.
    • Discourage unnecessary delays in litigation.
    • Strike a balance between the parties’ right to fully present their case and the court’s duty to administer justice efficiently.

II. DEFINITIONS

A. Adjournment

  • Meaning: An adjournment is the act of the court in temporarily suspending the trial or hearing, with the intention to resume it at another time or date.
  • Court’s Initiative: Adjournment is generally a matter of judicial control; the court may sua sponte (on its own initiative) decide to adjourn the proceedings if it deems it necessary for orderly procedure or other compelling reasons.

B. Postponement

  • Meaning: A postponement is typically initiated by a party’s motion requesting the court to move the hearing or trial to another time or date.
  • Party’s Initiative: Postponements normally stem from a Motion to Postpone filed by a party who, for valid reasons, is unable to proceed on the scheduled hearing date.

III. GUIDING PRINCIPLES ON ADJOURNMENTS AND POSTPONEMENTS

A. Discretion of the Court

  1. Broad Discretion
    The trial court enjoys wide discretion in granting or denying motions for postponement. Appellate courts will generally not disturb this exercise of discretion except in cases of grave abuse of discretion.
  2. Duty to Prevent Delay
    Courts are mandated to ensure that trials proceed promptly. Postponements should only be allowed when they serve the interest of substantial justice or when not granting them would result in a miscarriage of justice.

B. Grounds for Postponement

A postponement is not granted as a matter of right. A movant must show a “meritorious ground,” such as:

  1. Illness or Other Inability of a Party or Counsel
    The party or counsel’s inability must be proven, typically by a medical certificate or sworn statement, showing the inability to attend and that it is not a mere dilatory tactic.

  2. Absence of a Material Witness

    • The motion must show due diligence in attempting to secure the witness’s presence.
    • The movant must demonstrate that the testimony of the witness is indispensable and cannot be obtained by any other means (e.g., deposition, written interrogatories).
    • Courts may consider if the adverse party will be unduly prejudiced by the delay.

  3. Unavoidable Conflicts in Schedule

    • Counsel might have another trial or urgent legal matter in another court, but this must be substantiated.
    • Courts often require proof that the conflict is irreconcilable or of such a nature that no other arrangement can be reasonably made.

  4. Agreement of All Parties

    • Even if all parties stipulate or agree, the court may still evaluate whether postponement is justifiable.
    • An agreement alone does not compel the court to grant the postponement automatically; the court’s supervision over the progress of the case remains paramount.

C. Limitations on Postponements

  1. Strict Scrutiny
    In line with the rules encouraging speedy disposition of cases, courts exercise stricter scrutiny over repeated motions for postponement, especially if they appear to be dilatory.
  2. Effect on the Opposing Party
    If granting the postponement severely prejudices the non-moving party—e.g., key witnesses are available only at certain times, or evidence is time-sensitive—the court may deny the motion.
  3. Mandatory Periods Under the Rules
    Some rules (e.g., the Revised Guidelines on Continuous Trial in Criminal Cases, which also influences civil trials) encourage continuous and speedy proceedings, limiting the number of postponements that may be requested or granted.

IV. PROCEDURE FOR REQUESTING POSTPONEMENT

  1. Motion in Writing

    • Generally, a motion for postponement should be in writing, setting out the reasons and providing any necessary supporting documents (e.g., medical certificates, affidavits).
    • In urgent situations, an oral motion may be allowed but must still be accompanied by proof of urgent circumstances.

  2. Notice to the Adverse Party

    • A copy of the motion must be furnished to the adverse party or counsel.
    • Adequate notice ensures fairness and gives the opposing party an opportunity to object.

  3. Proof of Service and Verification

    • The motion should contain proof of service.
    • If factual matters are alleged (e.g., illness, absence of a key witness), it must be duly verified or supported by affidavits.

  4. Setting the Motion for Hearing

    • In many instances, a motion for postponement is heard on the day it is filed if it is a last-minute motion, or on an earlier date if possible.
    • The court may resolve an unopposed motion for postponement in open court.

  5. Ruling by the Court

    • The court may summarily grant or deny the motion after evaluating the reasons.
    • Conditions may be imposed, e.g., payment of witness expenses, or the rescheduling of the hearing at the soonest possible date.

V. ETHICAL CONSIDERATIONS FOR COUNSEL

  1. Canon of Professional Responsibility

    • Lawyers are duty-bound to “serve the ends of justice” and “to expedite litigation.” Habitual or strategic filing of motions for postponement purely to delay the case violates these ethical standards.
    • Code of Professional Responsibility (soon to be the Code of Professional Responsibility and Accountability) emphasizes a lawyer’s duty to not unduly delay a case, as it can subject them to disciplinary action.

  2. Avoidance of Dilatory Tactics

    • Courts look unfavorably on lawyers who use repeated postponements to hamper the administration of justice. Such tactics erode public confidence in the judicial system.
    • A counsel who files frivolous or unjustified postponements risks contempt, administrative sanctions, or both.

  3. Duty of Candor

    • When seeking a postponement due to personal reasons (e.g., health issues), counsel must be candid with the court and must not mislead the judge or opposing counsel.
    • Misrepresentation in a motion for postponement is a serious ethical breach.

VI. RELEVANT JURISPRUDENCE

  1. Discretion of Trial Courts
    • People v. Leviste, G.R. No. 189277 (2010) (a criminal case, but referencing the trial court’s broad discretion): The Supreme Court underscored that a judge’s denial or grant of postponement will generally not be overturned unless there is a clear showing of grave abuse of discretion.
  2. Strict Policy Against Delay
    • Heirs of the Late Spouses Palanca v. Republic, G.R. No. 183330 (2015): The Court reiterated that courts should remain vigilant against undue delays and repeated postponements that hamper speedy administration of justice.
  3. Importance of Diligence in Procuring Witness Attendance
    • Ching v. Nicdao, A.M. RTJ-03-1769 (2005): The Court held that a party seeking postponement on the ground of an absent witness must clearly show due diligence in securing the witness’s presence and that the witness’s testimony is critical.

VII. BEST PRACTICES AND TIPS

  1. Plan Ahead for Witnesses

    • Coordinate with witnesses well before the trial date.
    • If a witness may be unavailable, consider a deposition under Rules 23 to 29 of the Rules of Court to avoid the need for postponement.

  2. File Early Motions If Unavoidable

    • If you foresee a conflict, file a motion at the earliest possible time.
    • Demonstrate to the court the bona fide nature of the request.

  3. Offer Alternatives

    • If only a portion of the trial needs to be postponed (e.g., for a single witness), propose proceeding with other witnesses or other aspects of the case on the scheduled date to save time.

  4. Maintain Professional Courtesy

    • Whenever possible, confer with opposing counsel ahead of time to see if they would consent to the postponement.
    • Even if there is an agreement, remember the court has the final say.

  5. Comply With Any Conditions Imposed

    • If the court grants a postponement subject to reimbursement of expenses or production of documents, comply fully and promptly. Failure to do so may lead to sanctions or a negative inference against the moving party.

VIII. SAMPLE FORM: MOTION TO POSTPONE

(This is a simplified template. Actual practice may require more detailed or localized formatting.)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch No.], [City/Province]

[Case Title]

CIVIL CASE NO. _______________

MOTION TO POSTPONE

The [Party Name], through undersigned counsel, respectfully moves for the postponement of the hearing/trial set on [date], and states:

1. That the undersigned counsel/party has a previously set hearing in [another court or reason], which unavoidably conflicts with the above-mentioned hearing date. (Attach documentary proof if any.)
2. That the testimony of the witness scheduled for [date] is critical to the defense/prosecution of this case and the said witness is currently [state reason for non-availability].
3. That the postponement is not intended for delay but is necessitated by [state reasons], and no substantial prejudice will be caused to the adverse party.
4. That the undersigned counsel/party respectfully prays that the hearing on [date] be reset to [proposed new date or as the Honorable Court may deem appropriate].

WHEREFORE, premises considered, it is respectfully prayed that the hearing on [date] be postponed and reset to another date convenient to the Court.

Other reliefs just and equitable under the premises are likewise prayed for.

[Date, Place]

Respectfully submitted,

______________________________
[Name of Counsel]
[Roll No.], [IBP No.], [MCLE Compliance No.]
[Address]
[Contact Number]
[Email Address]

Copy furnished:
[Name and address of opposing counsel/party]

IX. CONCLUSION

Adjournments and postponements under Rule 30 of the Philippine Rules of Court are tools intended to ensure the fair and efficient administration of justice. While the court has broad discretion to grant or deny such requests, the overarching principle remains the expeditious resolution of cases. Lawyers must exercise utmost diligence and good faith when seeking postponements, mindful that dilatory motions undermine both legal ethics and the judiciary’s mandate to dispense justice without delay.

In sum, while the Rules allow flexibility to address unforeseen circumstances, the courts and counsel alike share a responsibility to minimize unnecessary postponements and to keep the wheels of justice turning swiftly.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login