Pre-Trial & Trial

Question 1

March 2 - Lecture

Answer 1

March 2 - Lecture

Question 2

admissibility is different from sufficiency or weight of evidence

Answer 2

evidence may be admissible but may not carry much weight

ex. affidavit of desistance (documentary evidence) is admissible but can it be given weight? SC rules that it does not give much weight in AoD in giving a ruling

Question 2

under old rules, pre-trail wasn’t mandatory, but now it is in all level courts, SB,

Question 3

proffer of evidence - excluded by trial court but the appellate court may consider it

Answer 3

proffer of evidence
1. not allowed admission
2. ground to raise to appellate court

so with those requirements, it cannot be done on pre-trial

Question 3

pre-trial agreement, rule says you sign the agreement, in practice, it is the pre-trial order that is being signed

signed by accused [and] counsel

PP. v. Banaad, in this case, the SC rule that the minor or her counsel did not signed the pre-trial order referring to pre-trial agreement. so PTA is in the PTO so which led it not being binding

so the point of this case is PTA is PTO

mere stipulation of age cannot be sufficient proof to prove minority. it’s best to present independent evidence