CBF 22.

4A
Partys 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)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner
Defendant/
Respondent

, v.

COUNSEL OR PARTY WITHOUT COUNSEL

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No.
Date/
Place
of Issue
Roll No.
Lifetime
IBP No.
Date/Chapter
Compliance
MCL
No
Exemption
E
.
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

PARTYS TERMS OF REFERENCE

UNDER SECTION 22.4, RULE 22
In compliance with the Order of this Honorable Court dated
_____________________________,
plaintiff/petitioner _______________________________________
defendant/respondent/oppositor ____________________________
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

PARTYS TERMS OF REFERENCE UNDER RULE 22.4

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Partys Draft Terms of Reference

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:

originals.

certified true copies.

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.

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:

have been turned over to the custody of the court on

___________________.
(date)

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.
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 nonappearance, and the Branch Clerk of Court made the

PARTYS TERMS OF REFERENCE UNDER RULE 22.4

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Partys Draft Terms of Reference

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?

PARTYS TERMS OF REFERENCE UNDER RULE 22.4

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Partys Draft Terms of Reference

___________________________________________________
Use additional sheets, if necessary.
Party's Witnesses
The following are the party's witnesses:
NAME

ADDRESS

SUBJECT OF
TESTIMONY
(ex. to testify that she was the midwife who
assisted Rita, mother of plaintiff and

(ex. Pacita Cruz, Midwife)

(ex. San Jose Lying-in Clinic, Bgy. Atis,

Municipality of Daet, Camarines Sur)

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

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Partys Draft Terms of Reference

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:
Method
Persons Name
Place Served

Date Served

Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means

Proof of such service is attached as an annex.

Date

Party/Partys 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 partydesignation 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.
PARTYS TERMS OF REFERENCE UNDER RULE 22.4

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Partys Draft Terms of Reference

PARTYS TERMS OF REFERENCE UNDER RULE 22.4

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