Pre-Trial

Question 1

What is the main objective of a pre-trial?

Answer 1

Its main objective is to achieve an expeditious resolution of the case.

Question 2

The Judicial Affidavit Rule is applied to what?

Answer 2

a. The Judicial Affidavit Rule shall apply to all criminal actions:
1. Where the maximum of the imposable penalty does not exceed six years;
2. Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or
3. With respect to the civil aspect of the actions, whatever the penalties involved are.

Question 3

Application of the Judicial Affidavit Rule?

Answer 3

b. The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies of the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.
c. If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify.

[Sec. 9, AM 12-8-8-SC]

Question 4

What is the coverage of pre trial?

Answer 4

In all criminal cases cognizable by the Sandiganbayan, RTC, MeTC, MTCC, MTC and MCTC [Sec. 1, Rule 118]

Question 5

What is the period of the Pre-trial?

Answer 5

General rule: The court shall order a pre-trial conference after arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused.

Exception: A shorter period may be provided by special laws or SC circulars [Sec. 1, Rule 118]

Question 6

What are the things considered in a Pre-trial?

Answer 6

Things considered

a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence
d. Waiver of objections to admissibility of evidence
e. Modification of the order of trial if accused admits the charge but interposes a lawful defense (reverse trial)
f. Other matters that will promote a fair and expeditious trial of the civil and criminal aspects of the case

[Sec. 1, Rule 118]

Question 7

What is Plea Bargaining?

Answer 7

Plea bargaining has been defined as “a process whereby the accused and the prosecution work out a mutually satisfactory disposition of the case subject to court approval” [Estipona Jr. v. Lobrigo, G.R. No. 226679 (2017)]

It usually involves the defendant pleading guilty to a lesser offense or to one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge [People v. Mamarion, G.R. No. 137554 (2003)]

The conviction of the accused of the lesser offense
precludes the filing and prosecution of the offense originally charged in the information, except when the plea of guilty to a lesser offense is without the consent of the offended party and the prosecutor [People v. De Luna, G.R. No. L-77969 (1989); Sec. 7(c), Rule 117, see Sec. 2, Rule 116]

Question 8

Can offenses involving dangerous drugs be the subject of plea bargaining?

Answer 8

With Sec. 23 of R.A. 9165 being declared unconstitutional in Estipona Jr. v. Lobrigo [G.R. No. 226679 (2017)], offenses involving dangerous drugs may now be the subject of plea bargain [see DOJ Circular No. 61 (2017)]

Question 9

Is Stipulation of Facts prohibited in criminal cases?

Answer 9

NO.

This is no longer prohibited in criminal cases [People v. Hernandez, G.R. No. 108028 (1996)]

However, in a case of rape with the allegation that the victim is below 12 years of age which qualifies said crime and increases its penalty to death, nothing short of proof beyond reasonable doubt of every fact necessary to constitute the elements of the crime must be established. Circumstances that qualify a crime and increases its penalty to death cannot be the subject of stipulation [People v. Sitao, G.R. No. 146790 (2002)]

Question 10

Is Proffer of exhibits allowed?

A proffer is an offer made prior to any formal negotiations. In a trial, to proffer is to offer evidence in support of an argument, or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden.

Answer 10

NO.

Proffer of exhibits is not allowed. It ought to be done at the time a party closes the presentation of evidence. [People v. Santiago, G.R. No. L-80778 (1989)]

Question 11

What is the role of the judge during the pre-trial?

Answer 11

During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between the parties [Item B.7, A.M. No. 03-1-09-SC]

Question 12

What should the Court do when prosecution and offended party agree to the plea offered by the accused?

Answer 12

The Court shall

a. Issue an order which contains the plea bargaining arrived at
b. Proceed to receive evidence on the civil aspect of the case; and

c. Render and promulgate judgment of conviction, including the civil liability or damages duly established by the evidence
[Item B.5, A.M. No. 03-1-09-SC]

Question 13

What is the general rule on requirement of court approval in plea bargaining? What is the exception?

Answer 13

General rule: Court approval is required.

Exception: Agreements not covering matters referred to in Sec. 1, Rule 118, need not be so approved [Item B.8, A.M. No. 03-1-09-SC]

Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following:

(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98)

Question 14

What is the effect of the order containing the plea bargaining arrived?

Answer 14

The stipulations become binding on the parties who made them. They become judicial admissions of the fact or facts stipulated [Bayas v. Sandiganbayan, G.R. No. 143689-91 (2002)])

Even if placed at a disadvantageous position, a party may not be allowed to rescind them unilaterally; he must assume the consequences of the disadvantage [Bayas v. Sandiganbayan, G.R. No. 143689-91 (2002)]

Question 15

What are the requirements of a Pre-Trial Agreement?

Answer 15

Requirements

a. Reduced in writing;
b. Signed by the accused and counsel;

c. With approval of court if agreements cover matters in Sec. 1, Rule 118
[Sec. 2, Rule 118]

Question 16

What is the effect if the requirements of a pre-trial agreement not followed?

Answer 16

If this is not followed, the admissions cannot be used against the accused (i.e., inadmissible in evidence) [Item I-B[8], A.M. No. 03-1-09-SC (2004)] The constitutional right to present evidence is waived expressly.

The accused must have voluntarily waived his right to present evidence and with full comprehension. [Rivera v. People, G.R. No. 163996 (2005)]

Question 17

What is the consequence of non-appearance during pre-trial?

Answer 17

The court may impose proper sanctions or penalties, if counsel for the accused or the prosecutor to enforce the mandatory character of the pre-trial in criminal cases:

a. Does not appear at the pre-trial conference; and
b. Does not offer an acceptable excuse for his lack of cooperation [Sec. 3, Rule 118]

Question 18

Is the accused included in the persons which may be sanctioned or imposed penalty due to non-appearace during pre-trial?

Answer 18

NO.

The accused is not included because his constitutional right to remain silent may be violated. The accused is not required to attend (unless ordered by the court) and is merely required to sign the written agreement arrived at in the pre-trial conference, if he agrees to the contents of such. The complainant is also not required to appear during pre-trial. It is the prosecutor who is required to appear at the pre-trial [People v. Judge Tac-An, G.R. No. 148000 (2003)]

Question 19

How is the pre-trial order issued?

Answer 19

The pre-trial order is:

a. Issued by the trial judge;

b. Within 10 days after the termination of the pretrial pre-trial
[Item B.10, A.M. No. 03-1-09-SC]

Question 20

Is judgement of acquittal based on pre-trial valid?

Answer 20

NO.

Judgment of acquittal based on pre-trial despite disputed documents and issues of fact amounts to grave error and renders the judgment void [People v. Santiago, G.R. No. L-80778 (1989)]

Question 21

What are the contents of a Pre-Trial Order?

Answer 21

Content

a. Actions taken
b. Facts stipulated
c. Evidence marked [Sec. 4, Rule 118]
d. Admissions made;
e. The number of witnesses to be presented; and
f. The schedule of trial

[Item B.10, A.M. No. 03-1-09-SC]

Question 22

What is the effect of a Pre-Trial Order?

Answer 22

Effect

a. Binds the parties
b. Limits the trial to those matters not disposed of; and
c. Controls the course of the action during trial, unless modified by the court to prevent manifest injustice

[Sec. 4, Rule 118]

Question 23

How is pre-trial in civil and criminal cases different?

Answer 23

The procedure is substantially the same in civil cases, except that any modification of the pre-trial order in civil cases must be made before the trial. No such limitation is provided for in criminal cases.

Question 24

Referral of Some Cases for Court-Annexed Mediation and Judicial Dispute Resolution

Answer 24

After the arraignment, the court shall forthwith set the pre-trial conference within 30 days from the date of arraignment, and issue an order:

a. Requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence;
b. Referring the case to the Branch COC, if warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison and to consider other matters as may aid in its prompt disposition; and
c. Informing the parties that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial except when allowed by the court for good cause shown.

In mediatable cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.
[Item B.2, A.M. No. 03-1-09-SC]