CRIMINAL LAW JUSTICE 311

Prejudicial Question, Arraignment & Plea, Motion to Quash, and Pre-Trial

PREJUDICIAL QUESTION
What is Prejudicial Question?
▪ It arises in a case, the resolution of which is a logical antecedent of the issue involved in the
criminal case and the cognizance of which pertains to another tribunal (Omictin v. CA, G.R.
No.148004, January 22, 2007)
▪ Suspension of the criminal case due to a prejudicial question is only a procedural matter, and
is subject to a waiver by virtue of prior acts of the accused.

What is the purpose of suspending a criminal action due to prejudicial question? To avoid two
conflicting decisions (Jose v. Suarez, 556 SCRA 773).

Where to File Petition for Suspension By Reason of Prejudicial Question? Office of the Prosecutor
or the court conducting the preliminary investigation (Rule 111, Sec. 6).

Is prejudicial question conclusive of the guilt or innocence of the accused? No. A prejudicial
question need not conclusively resolve the guilt or innocence of the accused. It is enough that it tests
the sufficiency of the allegations in the information in order to sustain further prosecution of the
criminal case. (San Miguel Properties v. Perez, G.R. No. 192253, 2013)

When is the time to plead for suspension of the criminal action due to pendency of a prejudicial
question? A petition for suspension of the criminal action based upon the pendency of a prejudicial
question in a civil action may be filed in the office of the prosecutor or the court conducting the
preliminary investigation. Even during preliminary investigation, a petition for suspension based on
prejudicial question can be filed before the investigating officer.

When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the
same criminal action at any time before the prosecution rests (Rule 111, Sec. 6).

Elements of Prejudicial Question based on Jurisprudence

1. The civil case involves facts intimately related to those upon which the criminal prosecution
would be based.
2. In the resolution of the issue or issues raised in the civil action, the guilt or innocence of the
accused would necessarily be determined; and
3. Jurisdiction to try said question must be lodged in another tribunal. (People v. Arambulo, G.R.
No. 186597, 2015)

EXAMPLES:
▪ X and Y are husband and wife, the wife decided to file an annulment case before the Family
Court. During the pendency of the annulment case and before the resolution of the annulment
case, X was too excited to have a second wife. When X contracted his second marriage, Y filed a
case for bigamy. Now, X filed a motion to suspend the proceeding due to existence of prejudicial
question since there is still an existing unresolved annulment case. Is there a prejudicial
question?

Yes, there is a prejudicial question in a case of bigamy where the accused is supposed to have
contracted a second marriage while the first one is still a valid one. If there is a pending case
in a civil court where the issue is the validity of the first marriage, the criminal case of bigamy
will have to be suspended to await the decision of the civil court whether the first marriage is
void. This is so because the accused cannot be found guilty of bigamy if indeed the first
marriage is void and therefore inexistent at the time he contracted the second marriage,
because then it might be said that the crime of bigamy was not committed.

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▪ X filed a case against Y for violation of BP22 for bouncing checks. 3 years later, X filed another
case against Y for specific performance in order to recover unpaid debts from Y. Y filed a motion
to suspend the proceeding for specific performance on the basis of prejudicial question. Is there
a prejudicial question?

No, there is no prejudicial question since both cases in BP22 and Action for specific
performance does not involve facts intimately related to each other and the resolution of BP22
would not determine the guilt or innocence of the accused in the action for specific
performance. If, after trial in the civil case, petitioner is shown to have unpaid debts, it does
not follow that he cannot be held liable for the bouncing checks he issued, for the mere
issuance of worthless checks with knowledge of the insufficiency of funds to support the checks
is itself an offense.

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ARRAIGNMENT AND PLEA

HOW IS ARRAIGNMENT MADE? It is the formal mode and manner of implementing the
constitutional right of an accused to be informed of the nature and cause of the accusation against
him. (Taglay v. Daray, G.R. No. 1642258, 2012)

WHAT IS THE PURPOSE OF ARRAIGNMENT? It is indispensable in bringing the accused to court

and in notifying him of the nature and cause of the accusations against him. Its importance is based
on the constitutional right of the accused to be informed. Procedural due process requires that the
accused be arraigned so that he may be informed of the reason for his indictment, the specific
charges he is bound to face, and the corresponding penalty that could be possibly meted against
him. It is at this stage that the accused, for the first time, is given the opportunity to know the precise
charge that confronts him. It is only imperative that he is thus made fully aware of the possible loss
of freedom, even of his life, depending on the nature of the imputed crime (Kummer v. People, G.R. No.
174461, 2013).

IS THE ACCUSED REQUIRED TO APPEAR DURING ARRAIGNMENT? Yes. Accused must

personally appear during arraignment and enter his plea (counsel cannot enter plea for accused) (Rule
116, Sec. 1 (b)). Trial in absentia may be conducted only after valid arraignment (Article III, Section 14
(2) of the 1987 Constitution)

When Arraignment Should Be Held

1. IF THE ACCUSED IS DETAINED – it shall be set within 10 days from the court’s receipt of the
case;
2. IF THE ACCUSED IS NOT DETAINED – it shall be set within 30 days from the date the court
acquires jurisdiction over the accused (A.M. No. 15-06-10-SC, Sec. II (8) (a)).

When Arraignment is Held Within a Shorter Period:

1. When an accused is under preventive detention, his case should be raffled within 3 days from
filing and accused shall be arraigned within 10 days from receipt by the judge of the records
of the case. (R.A. 8493 Speedy Trial Act)
2. Where the complainant is about to depart from the Philippines with no definite date of return,
the accused should be arraigned without delay. (R.A. 4908)
3. Cases under the Dangerous Drugs Act;

How Arraignment is Made

1. In open court where the complaint or information has been filed or assigned for trial
2. By the judge or clerk of court
3. By furnishing the accused with a copy of the complaint or information
4. Reading it in a language or dialect known to the accused
5. Asking accused whether he pleads guilty or not guilty (Rule 116, Sec. 1).

Pleads GUILTY Pleads NOT GUILTY

A plea of guilty is an UNQUALIFIED 1. When accused so pleaded
ADMISSION of the crime and of the attending 2. When he refuses to plead
circumstances (aggravating and/or 3. When he makes a conditional or qualified plea
qualifying) alleged in the complaint. Such plea of guilt (Ex. Accused pleads guilty but adds “pero
removes the necessity of presenting hindi ko sinasadya”)
further evidence and for all intents and 4. When the plea is indefinite or ambiguous
purposes the case is deemed tried on its
merits and submitted for decision.

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5. When he pleads guilty but presents exculpatory

evidence (Ex. Evidence to prove complete self-
Plea Bargaining. - If the accused desires to defense) (Rule 116, Sec. 1)
enter a plea of guilty to a lesser offense, plea
bargaining should immediately proceed, **Here, the court shall immediately proceed
provided that the private offended party in with the arraignment of the accused and,
private crimes or the arresting officer in thereafter, indicate the pre-trial and trial
victimless crimes, is present to give his dates in the Order.
conformity to the plea bargaining. Thereafter,
judgment shall immediately be rendered in
the same proceedings.

Plea of Guilty to the Crime Charged in the

Information. – If the accused pleads guilty to
the crime charged in the Information,
judgment shall immediately be
rendered,except in those cases involving
capital offenses.

Plea of Guilty to a Capital Offense- If the

case involves a capital offense, the reception
of evidence to prove the guilt and degree of
culpability of the accused is mandatory.

OTHER INSTANCES WHERE THE ACCUSED PLEADS GUILTY AND EFFECTS:

Effect of Plea Bargaining on Civil Liability of the Accused: The civil liability is not covered by the
plea bargain. To hold otherwise would lead to the possibility that offended parties will hesitate to give
their consent to a plea of guilty to a lesser offense by the accused for fear that it would foreclose their
chance to recover the appropriate civil liability. (Heirs of Mario Gevero v. Guihing Agricultural Dev’t
Corporation, G.R. No. 122619, 2006)

Plea to Lesser Offense During Arraignment: During arraignment, the accused may enter a plea of
guilty to a lesser offense PROVIDED there is consent of the offended party AND of the prosecutor to
the plea of guilty to a lesser offense that is necessarily included in the offense charged (Rule 116, Sec.
2).
The accused may also enter a plea of guilty to a lesser offense if the offended party was notified and
did not appear in the arraignment of the accused.

Plea to Lesser Offense After Arraignment But Before Trial: After arraignment but before trial, the
accusedmay still be allowed to plead guilty to a lesser offense after withdrawing his previous plea of
not guilty. No amendment to the complaint or information is necessary (Rule 116, Sec. 2).

Plea to Lesser Offense after Trial Has Begun: After the prosecution has rested its case, a change of
plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the
offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused
for the crime charged. The judge cannot on its own grant the change of plea (Daan v. Sandiganbayan,
G.R. Nos. 163972-77, March 28, 2008).

WHAT IS THE EFFECT IF THE ACCUSED WAS NOT ARRAIGNED OR THERE IS AN ABSENCE OF
ARRAIGNMENT?
▪ General Rule: Judgment is void if accused has not been validly arraigned.

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▪ Exception: If accused went into trial without being arraigned, subsequent arraignment will
cure the error provided that the accused was able to present evidence and cross-examine the
witnesses of the prosecution during trial.

CAN ARRAIGNMENT BE SUSPENDED? Yes. Suspension period shall not exceed 60 days counted
from the filing of the petition for review of the resolution of the prosecutor with either the DOJ or
Office of the President (Section 11 (c), Rule 116).

IF THE ACCUSED PLEAD GUILTY TO CAPITAL OFFENSE, WHAT THE COURT SHOULD DO?
1. Conduct a searching inquiry into the voluntariness and full comprehension of the
consequences of the plea.
2. Require prosecution to present evidence to prove the guilt and precise degree of culpability of
the accused.
3. Ask the accused if he desires to present evidence in his behalf and allow him to do so if he
desires (People v. Gumimba, 517 SCRA 25, Feb. 25, 2007).

WHAT IS IMPROVIDENT PLEA? IMPROVIDENT PLEA is a plea without information as to all the
circumstances affecting it; based upon a mistaken assumption or misleading information or advice.

EXAMPLE of instances of improvident plea:

1. Plea of guilty was compelled by violence or intimidation
2. Accused did not fully understand the meaning and consequences of his plea
3. Insufficient information to sustain conviction of the offense charged
4. Information does not charge an offense
5. Court has no jurisdiction

WHAT IS THE EFFECT OF IMPROVIDENT PLEA? The conviction will be set aside if the plea of
guilty is the sole basis for the judgment. But, the court may validly convict the accused if such
conviction is supported by adequate evidence of guilt independent of the plea itself.

WHAT IF THE ACCUSED APPEARS WITHOUT A COUNSEL/ATTORNEY DURING ARRAIGNMENT,

WHAT IS FOUR-FOLD DUTY OF COURT WHEN ACCUSED APPEARS WITHOUT COUNSEL:
1. INFORM the defendant that he has a right to an attorney before being arraigned
2. After informing him, court must ASK the defendant if he desires to have the aid of an attorney
3. If he desires but is unable to employ one, the court must ASSIGN an attorney de oficio to
defend him
4. If the accused desires to procure an attorney of his own, the court must grant him
REASONABLE TIME to do so (Gamas v. Oco, A.M. No. MTJ-99-1231, 2004)
Failure to comply with this 4-fold duty amounts to a violation due process

WHO IS COUNSEL DE OFICIO? Counsel de oficio is counsel appointed by the court to represent and
defend the accused in case he cannot afford to employ one himself

WHO MAY BE APPOINTED COUNSEL DE OFICIO:

1. Members of the bar in good standing who can competently defend the accused
2. In localities where such members of the bar are not available, any resident of the province of
good repute for probity and ability.

DUTY OF THE COURT TO APPOINT COUNSEL DURING ARRAIGNMENT AND DURING TRIAL:
During arraignment, the court has an affirmative duty to inform the accused of his right to counsel
and to provide him with one in case he cannot afford it. The court must act on its own volition unless
the right is waived by the accused.
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During trial, it is the accused who must assert his right to counsel. The court will not act unless the
accused invokes his rights.

WHAT ARE THE GROUNDS FOR SUSPENSION OF ARRAIGNMENT?

1. There exists a prejudicial question
2. Accused appears to be suffering from an unsound mental condition which renders him unable
to understand the charge against him and to plead intelligently thereto.
3. There is a petition for review pending before the DOJ or Office of the President, however the
period of suspension shall not exceed 60 days counted from the filing of the petition for review.
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MOTION TO QUASH
WHAT IS A MOTION TO QUASH? It is a special pleading filed by the defendant before entering his
plea, which hypothetically admits the truth of the facts spelled out in the complaint or information at
the same time that it sets up a matter which, if duly proved, would preclude further proceedings. By
a motion to quash, the defendant assumes the facts alleged in the information to be true. (People v.
Odtuhan, G.R. No. 191566, 2013)

NOTE: A motion to quash based on double jeopardy or extinction of the criminal action may, by their
nature, be based on matters outside of the allegation of the information or complaint.

Time to move to quash: May be filed only before the accused has entered his plea to the accusatory
pleading (Rule 117, Sec. 1) Exceptions
1. When the same does not charge an offense;
2. Where the court has no jurisdiction over the case;
3. When the offense or penalty had already been extinguished; or
4. When further prosecuting the accused would thereby place him in double jeopardy.

Failure to assert or timely assert a motion to quash shall be deemed a waiver of any objections (Rule
117, Sec. 9) When the accused fails, before arraignment, to move for the quashal of such information
and goes to trial thereunder, he thereby waives the objection and may be found guilty of as many
offenses as those charged in the information and proved during trial. (Escandor v. People, G.R. No.
211962, 2020)

WHAT ARE THE GROUNDS IN A MOTION TO QUASH?

The grounds to quash the information are:

1. Facts charged do not constitute an offense
2. Court has no jurisdiction over offense charged
3. Court has no jurisdiction over the person of the accused
4. Officer who filed the information had no authority to do so
5. Does not conform substantially to the prescribed form
6. More than one offense is charged except when a single punishment for various offense is
prescribed by law
7. Criminal action or liability has been extinguished by prescription
8. Contains averments which, if true, would constitute a legal excuse or justification
9. Accused has been previously convicted or acquitted of offense charged, or case has been
dismissed or otherwise terminated without the express consent of the accused (double
jeopardy) (Rule 117, Sec. 3)

GROUNDS NATURE EFFECT IF

GRANTED/SUSTAINED
1. Facts charged do not What is facts charged do not constitute Court may order that another
constitute an offense an offense: The test for the correctness of information be filed or an
this ground is the sufficiency of the amendment thereof be made
averments in the information, that is,
2. Officer who filed the whether the facts alleged, if hypothetically
information had no admitted, establish the essential elements
authority to do so of the offense as defined by law without
considering matters aliunde. (People v.
Romuadez, G.R. 166510, 2008).

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3. It does not conform

substantially to the Officer who Filed the Information had
prescribed form no authority to do so: It occurs when a
state prosecutor lacked the authority to file
the information because there was neither
4. More than one offense a directive from the Secretary of Justice
is charged designating him as a special prosecutor nor
the written approval of the information by
the city prosecutor as required under
Section 5, Rule 110 of the Rules of Court.

Does not Conform substantially to the

prescribed form: The defects
contemplated are defects in form, as where
the requirements for the sufficiency of
information are not complied with.

a. Criminal action or Prescription: The following are the Court must state, in its order
liability has been prescriptive periods of the criminal liability granting the motion, the
extinguished or penalties: release of the accused if he is
(PRESCRIBED) 1. Death and reclusion perpetua - 20 in custody or the cancellation
years of his bond if he is on bail
b. Averments 2. Other afflictive penalties - 15 years
(Allegations) would 3. Other correctional penalties - 10
constitute a legal years; however, if penalty is arresto
excuse or justification mayor - 5 years
4. Light penalties - 1 year
c. Accused has been
previously convicted or
acquitted of the Legal Excuse For Justification: The legal
offense charged excuse or justification referred to are those
(DOUBLE JEOPARDY) provided for in the Revised Penal Code:
1. Justifying circumstances. (Art. 11)
2. Exempting circumstances. (Art. 12)
3. Absolutory causes. (Arts. 6 [par.3],
16, 20, 247 and 332)

Court has no jurisdiction Court should remand or

over the offense forward the case to the proper
court, not to quash the
complaint or information

WHAT IS DOUBLE JEOPARDY?

As a rule, when an accused has been convicted or acquitted, or the case against him dismissed or
otherwise terminated without his express consent, the conviction or acquittal shall be a bar to another
prosecution for:
1. The offense charged
2. Any attempt to commit the same or frustration thereof
3. Any offense which necessarily includes or is necessarily included in the offense charged
(Rule 117, Sec. 7).
4. No double jeopardy attaches as long as there is variance between the elements of the two
offenses charged (Braza v. Sandiganbayan, G.R. No. 195302, 2013)
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REQUISITES TO RAISE DOUBLE JEOPARDY:

1. First jeopardy must have attached
a) Accused must have been convicted or acquitted, or the case against him was dismissed
or terminated without his express consent
b) Made by a court of competent jurisdiction
c) Valid complaint or information
d) Accused has been arraigned (People v. Obsania, G.R. No. L-24447, June 29, 1968)
2. First jeopardy must have been validly terminated
3. The second jeopardy must be for the same offense or the second offense includes or is
necessarily included in the offense charged in the first information or is an attempt or
frustration thereof (Rule 117, Sec. 7).

WHEN DOUBLE JEOPARDY SHALL NOT APPLY DESPITE A PRIOR CONVICTION

1. Graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge
2. Facts constituting graver charge were discovered only after a plea was entered in the former
complaint or information
3. Plea of guilty to a lesser offense was made without consent of the prosecutor and of the offended
party except if they fail to appear in any of these cases, where the accused satisfies or serves
the whole or in part the judgment, he shall be credited with the same in the event of conviction
for the graver offense (Rule 117, Sec. 7)
4. Prior conviction was not made by a competent court.

WHERE DOUBLE JEOPARDY NOT APPLICABLE

1. Preliminary investigation stage
2. Administrative cases
3. Civil aspect of the criminal case

IS PROVISIONAL DISMISSAL ALLOWED UNDER THE LAW? Yes, provided, dismissal must be
without the express consent of the accused.

WHAT IS GENERAL RULE FOR PROVISIONAL DISMISSAL?: The termination of the case must be
without the express consent of the accused so that jeopardy will attach (Rule 117, Sec. 7).

Exceptions: Dismissal is equivalent to acquittal even with the accused’s consent if grounded on:
a. Speedy trial
b. Demurrer to evidence (People v. Bans, G.R. No. 104147, 8 December 1994)

PROVISIONAL DISMISSAL: Contemplates that the dismissal of the criminal action is not permanent
and can be revived within the period set by the Rules of Court.

Requisites of a Provisional Dismissal

a. Consent of the prosecutor
b. Consent of the accused;
c. Notice to the offended party; and
d. Public prosecutor is served with a copy of the order of provisional dismissal (Rule 117,
Sec. 8).

Examples on Grounds on Which Provisional Dismissal May Be Granted

a. Prosecution was not prepared for trial

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b. Repeated absences in court

c. Witness did not appear at the trial

When Provisional Dismissal Becomes Permanent (Rule 117, Sec. 6). The provisional dismissal shall
become permanent if not revived within:

PENALTY PERIOD OF NON REVIVAL

Penalty is 6 years and below, or a fine of any 1 year after issuance of order
amount, or both
Penalty exceeds 6 years 2 years after issuance

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PRE-TRIAL
COURTS WHERE PRE-TRIAL IS MANDATORY
a. Sandiganbayan
b. Regional Trial Court
c. Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court,
Municipal Circuit Trial Court (Rule 118, Sec. 1)

WHAT IS THE PURPOSE OF PRE-TRIAL?: Pre-trial is not a mere technicality in court proceedings
for it serves a vital objective: the simplification, abbreviation, and expedition of trial, if not indeed its
dispensation. (Tolentino v. Heirs of Laurel-Ascalon, G.R. No. 181368, 2012).

PERIOD OF PRE-TRIAL: Both the pre-trial and arraignment must be set within 30 days from the
date the court acquires jurisdiction over the person of the accused (A.M. No. 15-06-10-SC, III.8.(a)).
Exceptions:
a. A shorter period is provided for in special law or circulars of the Supreme Courts;
b. If the accused is under preventive detention, the arraignment and pre-trial shall be set
within 10 days of the Court’s receipt of the case (A.M. No. 15-06-10-SC, III.8.(a))

WHAT ARE THE MATTERS TO BE CONSIDERED DURING PRE-TRIAL?

The matters considered in a pre-trial are:
a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence. Note: No evidence shall be allowed to be
presented and offered during the trial other than those identified and marked during
pre-trial, except when allowed by the court for good cause shown (I-B (2), A.M. No. 03-1-
09-SC).
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
f. Such matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case (Rule 118, Sec. 1).

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

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WHAT IS PLEA BARGAINING? The process whereby the accused, the offended party, and the
prosecution work out a mutually satisfactory disposition of the case subject to court approval.

Duty of the court when the prosecution and the offended party agree to the plea offered by the
accused
1. During the pre-trial, the judge shall consider plea bargaining arrangements except in cases for
violations of the Comprehensive Dangerous Drugs Act of 2002.

Note: Section 23 of the Comprehensive Dangerous Drugs Act of 2002 was declared
unconstitutional for being contrary to the rule-making authority of the Supreme Court under
Section 5 (5), Article VIII of the 1987 Constitution. Sec. 23 provides, Any person charged under
any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the
provision on plea-bargaining.”

2. If a plea bargaining is agreed upon, the court shall:

a. Issue an order to that effect;
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. (I-B[5], A.M. No. 03-1-09-SC)

A.M. No. 18-03-16-SC (Adoption of the Plea Bargaining Framework in Drugs Cases): Only the
following acts punished under the Comprehensive Dangerous Drugs Acts may be the subject of
plea-bargaining.

Offense Charged Acceptable Plea Bargain

Section 11, par. 3. Possession of Section 12. Possession of Equipment, Instrument,
Dangerous Drugs (Where quantity of Apparatus and Other Paraphernalia for Dangerous
shabu, opium, morphine, heroin, cocaine Drugs
is less than 5 grams)
Section 11, par. 3. Possession of Section 12. Possession of Equipment, Instrument,
Dangerous Drugs (Where quantity of Apparatus and Other Paraphernalia for Dangerous
marijuana is less than 300 grams) Drugs
Section 11, par. 2. Possession of Section 11, par. 3. Possession of Dangerous Drug
Dangerous Drugs (Where quantity of
shabu, opium, morphine, heroin, cocaine
is 5 grams or more but not exceeding 10
grams)

Section 11, par. 2. Possession of Section 11, par. 3. Possession of Dangerous Drugs
Dangerous Drugs (Where the quantity of
marijuana is 300
grams or more but not exceeding 500
grams

Section 12. Possession of Equipment, Section 15. Use of Dangerous Drugs

Apparatus and Other Paraphernalia for
Dangerous Drugs
Section 14. Possession of Equipment, Section 15. Use of Dangerous Drugs
Apparatus and Other Paraphernalia for
Dangerous Drugs during Parties, Social
Gatherings or Meetings

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Section 5. Sale, Trading, etc. of Section 12. Possession of Equipment, Instrument,

Dangerous Drugs (Methamphetamine Apparatus and Other Paraphernalia for Dangerous
hydrochloride or shabu only) Drugs
.01 gram to .99 grams
(methamphetamine hydrochloride or
shabu only)
Section 5. Sale, Trading, etc. of Section 12. Possession of Equipment, Instrument,
Dangerous Drugs (Marijuana only) Apparatus and Other Paraphernalia for
.01 gram to 9.99 grams of marijuana only

PRE-TRIAL AGREEMENT: All agreements or admissions made or entered during the pre-trial
conference shall be:
a. Reduced in writing; AND
b. Signed by the accused AND counsel (Rule 118, Sec. 1).

Otherwise, they cannot be used against the accused. The agreements covering matters in a pre-trial
shall be approved by the court. But admissions during trial binds the the accused even if its not in
writing or signed.

WHAT IS THE EFFECT NON-APPEARANCE DURING PRE-TRIAL: The court may impose proper
sanction or penalties, if the counsel or prosecutor absent does NOT offer an acceptable excuse (Rule
118, Sec. 3).

The absence during pre-trial of any witness for the prosecution is NOT a valid ground for the dismissal
of a criminal case. The presence of the private complainant or the complaining witness is not required.
Even the presence of the accused is NOT required unless directed by the trial court. It is enough that
the accused is represented by his counsel. (People v. Tac-an, G.R. No. 148000, 2003)

WHAT IS PRE-TRIAL ORDER: This is an order issued within 10 days after termination of pre-trial
conference (A.M. No. 03-1-09-SC, Guidelines to be Observed by Trial Court Judges and Clerks of Court
in the Conduct of Pre-Trial and Use of Deposition-Discovery Measures as cited in Alviola v. Avelino, A.M.
No. MTJ-P-08-1697, 2008) Sets forth:
a. Actions taken during the pre-trial conference
b. Facts stipulated
c. Admissions made
d. Evidence marked
e. Witnesses to be presented
f. Schedule of the trial

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