RULE 118 : PRE-TRIAL

1. MATTERS TO BE CONSIDERED DURING PRETRIAL

Q: When is pre-trial held?

A: 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 by special laws or circulars of the Supreme
Court (Sec. 1, Rule 118). Note: When the accused is under preventive detention, wherein his case shall
be raffled and records transmitted within 3 days from the filing of the complaint or information. The
accused shall be arraigned within 10 days from the date of the raffle [Sec. 1(d), Rule 116]. Pre-trial in
criminal cases is mandatory.

Q: Give three distinctions between a pre-trial in a criminal case and a pre-trial in a civil case.

A.
Q: What must the order for pre-trial conference contain?

A: It must contain orders:

1. Requiring the private offended party to appear thereat for purposes of pleabargaining and for other
matters requiring his presence;

2. Referring the case to the branch clerk of court, if warranted, for a preliminary conference to be set at
least three (3) 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

3. 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 Philippine
Mediation Center unit for purposes of mediation if available (A.M. No. 03-1-09-SC).

Q: What is the form of a valid pre-trial agreement?

A: The pre-trial agreement must be in writing and signed by both the accused and his counsel. If the
required form is not observed, the pre-trial agreement cannot be used against the accused (Sec. 2, Rule
118). Note: The agreements covering the matters in the pretrial conference shall be approved by the
court.

Q: What are the matters considered during pretrial?

A:

1. Plea bargaining;

2. Stipulation of facts;

3. Marking for identification of evidence of parties;

4. Waiver of objections to admissibility of evidence;

5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful
defense (reverse trial); and
6. Such other matters as will promote a fair and expeditious trial of the civil and criminal aspects of the
case (Sec. 1).

Note: During the preliminary conference, the branch clerk of court shall assist the parties in reaching a
settlement of the civil aspect of the case, mark the documents to be presented as exhibits and copies
thereof attached to the records after comparison, ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of documents marked as exhibits and consider such
other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary
conference shall be recorded in the minutes of preliminary conference to be signed by both parties and
counsel. The minutes of preliminary conference and the exhibits shall be attached by the branch clerk of
court to the case record before the pre-trial (A.M. No. 03-1-09-SC).

Q: What is plea bargaining?

A: Plea bargaining is the process whereby the accused, the offended party and the prosecution work out
a mutually satisfactory disposition of the case subject to court approval. It usually involves the
defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multicount
indictment in return for a lighter sentence than that for the graver charge.

Q: When is plea bargaining not applicable?

A: Violations of the Dangerous Drugs Act regardless of the imposable penalty.

Q: What shall the court do if the plea bargaining fails?

A: The court shall:

1. Adopt the minutes of preliminary conference as part of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on the genuineness and due execution of
documents and list object and testimonial evidence;

2. Scrutinize every allegation of the information and the statements in the affidavits and other
documents which form part of the record of the preliminary investigation and other documents
identified and marked as exhibits in determining farther admissions of facts, documents and in
particular as to the following:

a. The identity of the accused;

b. Court’s territorial jurisdiction relative to the offense/s charged;

c. Qualification of expert witness;

d. Amount of damages;

e. Genuineness and due execution of documents;

f. The cause of death or injury, in proper cases;

g. Adoption of any evidence presented during the preliminary investigation;

h. Disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and justifying or
exempting circumstances; and
i. Such other matters that would limit the facts in issue.

3. Define factual and legal issues;

4. Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court
which shall contain the time frames for the different stages of the proceeding up to promulgation of
decision and use the time frame for each stage in setting the trial dates;

5. Require the parties to submit to the Branch COC the names, addresses and contact numbers of
witnesses that need to be summoned by subpoena; and

6. Consider modification of order of trial if the accused admits the charge but interposes a lawful
defense (A.M. No. 03- 1-09-SC).

2. WHAT THE COURT SHOULD DO WHEN PROSECUTION AND OFFENDED PARTY AGREE TO THE PLEA
OFFERED BY THE ACCUSED

Q: What is the effect if the prosecution and the offended party agree to the plea offered by the
accused?

A: The court shall:

1. issue an order which contains the plea bargaining arrived at;

2. proceed to receive evidence on the civil aspect of the case; and

3. render and promulgate judgment of conviction, including the civil liability or damages duly established
by the evidence (A.M. No. 03-1-09-SC).

3. PRE-TRIAL AGREEMENT

Q: What is pre- trial agreement?

A: All agreements or admissions made or entered into during the pre- trial conference shall be reduced
to writing and signed by the accused and counsel, otherwise the same shall not be used un evidence
against the accused.

Q: What are the requisites before a pre- trial agreement may be used as evidence?

A:

1. They are reduced to writing;

2. The pre-trial agreement is signed by the accused and his counsel

4. NON- APPEARANCE DURING PRE-TRIAL

Q: What is the effect of non-appearance of counsel for the accused or the prosecutor during the pretrial
without valid justification?
A: The court may impose proper sanctions or penalties in the form of reprimand, fines or imprisonment
if he does not offer an acceptable excuse for his lack of cooperation (Sec. 3, Rule 118). Note: These
sanctions are not applicable on the accused, because to include him among the mandatory parties to
appear might violate his constitutional right to remain silent.

5. PRE-TRIAL ORDER

Q: What is pre-trial order?

A: It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence
marked during the pre-trial conference. Such order binds the parties and limits the trial to those matters
not disposed of (Sec. 4).

Q: When shall the trial judge issue a pre-trial order and what are its contents?

A: It must be issued within ten (10) days after the termination of the pre-trial. It shall set forth the
following:

1. Actions taken during the pre-trial conference;

2. Facts stipulated;

3. Admissions made;

4. Evidence marked; and

5. Number of witnesses to be presented and the schedule of trial (Sec. 4).

6. REFERRAL FOR SOME CASES FOR COURT ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLUTION
(A·M. No, 11-1-6-SC-PHILJA)

Q: What is the purpose of Court Annexed Mediation and Judicial Dispute Resolution?

A: The diversion of pending court cases both to Court-Annexed Mediation (CAM) and to Judicial Dispute
Resolution (JDR) is plainly intended to put an end to pending litigation through a compromise agreement
of the parties and thereby help solve the ever-pressing problem of court docket congestion. It is also
intended to empower the parties to resolve their own disputes and give practical effect to the State
Policy expressly stated in the ADR Act of 2004 (R.A. No. 9285), to wit: “to actively promote party
autonomy in the resolution of disputes or the freedom of the parties to make their own arrangement to
resolve disputes. Towards this end, the State shall encourage and actively promote the use of
Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and
de-clog court dockets.”

Q: What are the three stages of diversion of cases to Court Annexed Mediation and Judicial Dispute
Resolution?

A:
1.The first stage is the Court-Annexed Mediation (CAM) where the judge refers the parties to the
Philippine Mediation Center (PMC) for the mediation of their dispute by trained and accredited
mediators.

2. Upon failing to secure a settlement of the dispute during the first stage, a second attempt is made at
the JDR stage. There, the JDR judge sequentially becomes a mediator conciliator- early neutral evaluator
in a continuing effort to secure a settlement. Still failing that second attempt, the mediator-judge must
turn over the case to another judge (a new one by raffle or nearest/pair judge) who will try the unsettled
case. The trial judge shall continue with the pre-trial proper and, thereafter, proceed to try and decide
the case.

3. The third stage is during the appeal where covered cases are referred to the PMC-Appeals Court
Mediation (ACM) unit for mediation.

Q: What are the cases covered by Court Annexed Mediation and Judicial Dispute Resolution?

A: The following cases shall be

1) referred to Court Annexed Mediation (CAM) and

2) be the subject of Judicial Dispute Resolution (JDR) proceedings:

1. All civil cases and the civil liability of criminal cases covered by the Rule on Summary Procedure,
including the civil liability for violation of B.P. 22, except those which by law may not be compromised;

2. Special proceedings for the settlement of estates;

3. All civil and criminal cases filed with a certificate to file action issued by the Punong Barangay or the
Pangkat ng Tagapagkasundo under the Revised Katarungang Pambarangay Law;

4. The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;

5. The civil aspect of less grave felonies punishable by correctional penalties not exceeding 6 years
imprisonment where the offended party is a private person;

6. The civil aspect of estafa, theft and libel;

7. All civil cases and probate proceedings, testate and intestate, brought on appeal from the exclusive
and original jurisdiction granted to the first level courts under Section 33, par. (1) of the Judiciary
Reorganization Act of 1980;

8. All cases of forcible entry and unlawful detainer brought on appeal from the exclusive and original
jurisdiction granted to the first level courts under Section 33, par. (2) of the Judiciary Reorganization Act
of 1980;

(9) All civil cases involving title to or possession of real property or an interest therein brought on appeal
from the exclusive and original jurisdiction granted to the first levelcourts under Section 33, par.(3) of
the Judiciary Reorganization Act of 1980; 13 and
(10) All habeas corpus cases decided by the first level courts in the absence of the Regional Trial Court
judge, that are brought up on appeal from the special jurisdiction granted to thefirst level courts under
Section 35 of the Judiciary Reorganization Act of 1980.

Q: What are those cases which cannot be referred to Court Annexed Mediation and Judicial Dispute
Resolution?

A: The following cases shall not be referred to CAM and JDR:

1. Civil cases which by law cannot be compromised (Article 2035, New Civil Code);

2. Other criminal cases not covered under paragraphs 3 to 6 above;

3. Habeas Corpus petitions;

4. All cases under Republic Act No. 9262 (Violence against Women and Children); and

5. Cases with pending application for Restraining Orders/Preliminary Injunctions. However, in cases
covered under 1, 4 and 5 where the parties inform the court that they have agreed to undergo
mediation on some aspects thereof, e.g., custody of minor children, separation of property, or support
pendentelite, the court shall refer them to mediation.

Q: What is the duration of mediation in the Philippine Mediation Center?

A: The Mediator shall have a period of not exceeding thirty (30) days to complete the mediation process.
Such period shall be computed from the date when the parties first appeared for the initial conference
as stated in the Order to appear. An extended period of another thirty (30) days may be granted bythe
court, upon motion filed by the Mediator, with the conformity of the parties.

Q: What is the effect of the referral of the case to CAM and JDR?

A: The period during which the case is undergoing mediation shall be excluded from the regular and
mandatory periods for trial and rendition of judgment in ordinary cases and in cases under summary
proceedings.

Q: What is the procedure after the parties reached a settlement?

A: If full settlement of the dispute is reached, the parties, assisted by their respective counsels, shall
draft the compromise agreement which shall be submitted to the court for judgment upon compromise
or other appropriate action. Where compliance is forthwith made, the parties shall instead submit a
satisfaction of claims or a mutual withdrawal of the case and, thereafter, the court shall enter an order
dismissing the case. If partial settlement is reached, the parties shall, with the assistance of counsel,
submit the terms thereof for the appropriate action of the court, without waiting for resolution of the
unsettled part. In relation to the unsettled part of the dispute, the court shall proceed to conduct JDR
proceedings in accordance with PART THREE where JDR is available.

Q: What is the remedy if the case is not resolved during JDR?

A: 1. MULTIPLE SALA COURT- If the case is not resolved during the JDR, the case shall be raffled to
another branch for the pre- trial proper up to judgement. For cases with pending applications for
restraining orders/preliminary injunctions, the judge to whom the case was raffled shall rule on the said
applications. During the pre-trial stage, the judge refers the case to CAM, but if the parties do not settle
at CAM, the case will be raffled to another branch for JDR. If the parties do not settle at JDR, the case
will be returned to the branch that ruled on the applications for the pre-trial proper and up to judgment.

2. SINGLE SALA COURT- Unless otherwise agreed upon as provided , the JDR proceedings will be
conducted by the judge of the pair court, if any, otherwise, by the judge of the nearest court as
determined by the concerned Executive Judge. The JDR proceedings shall be conducted at the station
where the case was originally filed. The result of the JDR proceedings shall be referred to the court of
origin for appropriate action, e.g. approval of the compromise agreement, trial, etc. Notwithstanding
the foregoing, before the commencement of the JDR proceedings, the parties may file a joint written
motion requesting that the court of origin conduct the JDR proceedings and trial.

3. FAMILY COURTS- Unless otherwise agreed upon as provided below, the JDR proceedings in areas
where only one court is designated as a family court, shall be conducted by a judge of another branch
through raffle. However, if there is another family court in the same area, the family court to whom the
case was originally raffled shall conduct JDR proceedings and if no settlement is reached, the other
family court shall conduct the pre-trial proper and trial. Notwithstanding the foregoing, before
commencement of the JDR proceedings, the parties may file a joint written motion requesting that the
family court to which the case was originally raffled shall conduct the JDR proceedings and trial. Despite
the non-mediatable nature of the principal case, like annulment of marriage, other issues such as
custody of children, support, visitation, property relations and guardianship, may be referred to CAM
and JDR to limit the issues for trial.

4. COMMERCIAL, INTELLECT PROPERTY AND ENVIRONMENTAL COURTS- Unless otherwise agreed upon
as provided below, the JDR proceedings in areas where only one court is designated as
commercial/intellectual property/environmental court, hereafter referred to as special court, shall be
conducted by another judge through raffle and not by the judge of the special court. Where settlement
is not reached, the judge of the special court shall be the trial judge. Any incident or motion filed before
the pre-trial stage shall be dealt with by the special court that shall refer the case to CAM.
Notwithstanding the foregoing, before commencement of the JDR proceedings, the parties may file a
joint written motion requesting that the special courts to which the case was originally raffled shall
conduct the JDR proceedings and trial.

Q: May a case be referred to JDR even during trial?

A: YES. Cases may be referred to JDR even during the trial stage upon written motion of one or both
parties indicating willingness to discuss a possible compromise. If the motion is granted, the trial shall be
suspended and the case referred to JDR, which shall be conducted by another judge through raffle in
multiple sala courts.

Q: What is the duty of the court if settlement is reached during the JDR?

A: If settlement is reached during JDR, the JDR court shall take appropriate action thereon, i.e.
approval/disapproval of the compromise agreement. If settlement is not reached at JDR, the case shall
be returned to the referring court for continuation of trial. In single sala courts, the JDR shall be
conducted by the nearest court (or pair court, if any) regardless of the level of the latter court. The result
of the JDR proceedings shall be referred to the court of origin for appropriate action, e.g. approval of the
compromise agreement, trial, etc. The parties may, by joint written motion, despite confidential
information that may be divulged during JDR proceedings, file a request that their case be not
transferred to other courts for JDR and that they agree to have the trial judge continue the trial should
the case not be settled through JDR.