Rule 118- Pre-trial

Question 1

What is pre-trial?

Answer 1

A proceeding conducted before the trial of the case for the purpose of considering 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 matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Question 2

Courts where pre-trial in a criminal case is mandatory

Answer 2

1. Sandiganbayan;
2. Regional Trial Court; and
3. Metropolitan Trial Court, Municipal Trial Court in cities, Municipal Trial Court, municipal Circuit Trial Court.

Question 3

When pre-trial shall be held?

Answer 3

The court shall hold the pre-trial conference within 30-days after arraignment for non-detained accused or within 10 days if the accused is under preventive detention. However, where direct testimonies of the witnesses are to be presented through judicial affidavits, the court shall give the prosecution not more than 20 days from arraignment within which to prepare and submit their judicial affidavits.

Question 4

What is the effect of the absence of parties in the pre-trial?

Answer 4

The court shall proceed with the pre-trial despite the absence of the accused and/or private complainant, provided they were duly notified of the same, and the counsel of the accused, as well as the public prosecutor, are present.

Question 5

What are the consequences for non-appearance at pre-trial?

Answer 5

if it does not offer an acceptable excuse for lack of cooperation, the court may impose proper sanctions or penalties.

Question 6

What are the duties of the Clerk of Court?

Answer 6

1. assist the parties in reaching settlement of the civil aspect of the case;
2. mark the documents to be presented;
3. ascertain from the parties the undisputed facts and admission on the genuineness and due execution of documents marked as exhibits; and
4. consider such other matters as may aid in the prompt disposition of the case.

Question 7

What is the effect of pre-trial order?

Answer 7

Within 10 days after the termination of the pre-trial, trial judge shall issue the Pre-trial order which shall immediately be served upon the parties and counsel on the same day after the termination of pre-trial. It will bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court to prevent injustice.

Question 8

Pre-trial in civil cases vs. Pre-trial in criminal cases

Answer 8

1. In civil cases, it is preceded by a motion ex parte filed by the plaintiff to set the case for pre-trial. Such is not required from the prosecution in a criminal case;
2. In civil case, it is set by the court after the requisite of motion from the plaintiff after all pleadings have been served and filed. In criminal case, it shall be ordered by the court after arraignment and within 30-days from the date the court acquired jurisdiction over the person of the accused; and
3. The purpose of pre-trial in civil case is the possibility of amicable settlement or submission to alternative modes of dispute resolution. In criminal case, an offer of compromised by the accused may be received in evidence as an implied admission of guilt.