PRE-TRIAL

RULE 118, RULES OF

COURT
LEIZL A. VILLAPANDO, MBA
DECEMBER 1, 2020
PURPOSES OF PRE-TRIAL

 A PRE-TRIAL is a proceeding conducted before trial of the case for the purpose of
considering the following:
 Plea bargaining;
 Stipulation of facts;
 Marking for identification of evidence of the parties;
 Waiver of objections to admissibility of evidence;
 Modification for the order of trial if the accused admits the charge but interposes a lawful
defense; and
 Such matter as will promote a fair and expeditious trial of the criminal and civil aspects of the
case (Sec.1, Rule 118, Rules of Court)
PURPOSES OF PRE-TRIAL

 Under existing rules, 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 (I-B[2], A.M. 03-1-09-SC, July 13, 2004, effective August
16, 2004).
COURTS where trial is mandatory

 1. Like a pre-trial in civil case which is mandatory (Sec.2, Rule 18, Rules of Court), a pre-
trial in a criminal case is also mandatory (Sec. 1, Rule 118, Rules of Court)
 2. Pre-trial is mandatory in all criminal cases cognizable by the following courts:
 A. Sandiganbayan;
 Regional Trial Court;
 Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, Muicipal
Circuit Trial Court (Sec. 1, Rule 118, Rules of Court)
When pre-trial shall be held

 Under the guidelines for Decongesting Holding Jails by Enforcing Rights of Accused
Persons to Bail and to Speedy Trial conference within 30 days after arraignment or within
10 days if the accused is under preventive detention;
 provided, however, that where the 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 in time for
the pre-trial conference.
Consequences for non-appearance at pre-trial

 If the counsel for the accused or the prosecutor does not

appear at the pre-trial conference and does not offer an
acceptable excuse for his lack of cooperation, the court
may impose proper sanctions or penalties. (Sec. 3, Rule 118,
Rules of Court)
Duty of a Branch Clerk of Court

 During the preliminary conference, the Branch Clerk of Court shall:

 (a) assist the parties in reaching a settlement of the civil aspect of the case,
 (b) mark the documents to be presented as exhibits and copies thereof attached to the records
after comparison;
 (c)ascertain from the parties the undisputed facts and admissions on the genuineness and due
execution of documents marked as exhibits; and
 (d) consider such others matters as may aid in the prompt disposition of the case (I-B[3], A.M.
No. 03—1-SC, July 13, 2004, effective August 16, 2004).
Recording of minutes

 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 and the
exhibits shall be attached by the Branch Clerk of Court to the case record before the pre-
trial (I-B[3], A.M. No. 03—1-SC, July 13, 2004, effective August 16, 2004).
Duty of the judge before the pre-trial
conference

 Before the pre-trial conference, the judge must study the allegations in the information,
the statements in the affidavits of witness and other documents which form part of the
record of preliminary investigation (I-B[4], A.M. No. 03—1-SC, July 13, 2004, effective
August 16, 2004).
Duty of the judge when plea bargaining is agreed upon

 1. During the pre-trial, the trial judge shall consider plea bargaining arrangement, except
in cases for violations of the Comprehensive Dangerous Drugs Act of 2002 (I-B[5], A.M.
No. 03—1-SC, July 13, 2004, effective August 16, 2004).
 2. If 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 he case; and
 (c) render and promulgate judgement of conviction, including the civil liability or damages duly
established by the evidence (I-B[5], A.M. No. 03—1-SC, July 13, 2004, effective August 16,
2004).
Duty of the Judge when plea bargaining fails

 When plea bargaining fails, the judge shall:

 adopt the minutes preliminary conference as part of the pre-trial proceedings;
 confirm the markings of exhibits, admissions of genuineness and due execution of judgments;
 list object and testimonial evidence;
 scrutinize every allegation in the information;
 scrutinize affidavits and documents forming parts of the records of the preliminary investigation;
 define factual issues;
 ask parties to agree on specific dates for the trial;
 require the parties to submit names, addresses and contact numbers of witnesses to be summoned; and
 consider modifications of the trial, if the accused admits charge but interposes a lawful defense (I-B[5], A.M. No.
03—1-SC, July 13, 2004, effective August 16, 2004).
Asking questions during pre-trial

 During the pre-trial, the judge shall be the one to ask the questions on issues raised therein
and all questions must be directed to him to avoid hostilities between the parties (I-B[7],
A.M. No. 03—1-SC, July 13, 2004, effective August 16, 2004).
Pre-trial agreements; signing of admissions
made

 1. All agreements and admissions made or entered during the pre-trial conference shall be:
 (a) reduced into writing; and
 (b) signed by the accused and counsel. If this is not followed, such admissions cannot be used
against the accused (I-B[8], A.M. No. 03—1-SC, July 13, 2004, effective August 16, 2004).
Pre-trial agreements; signing of admissions
made

 2. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the
minutes signed by the parties and/or their counsels (I-B[9], A.M. No. 03—1-SC, July 13,
2004, effective August 16, 2004).
Effect of the Pre-trial

 1. Within 10 days after the termination of the pre-trial, the trial judge shall issue
a Pre-trial Order setting forth the actions taken during the pre-trial conference,
the facts stipulated, admissions made, the evidence marked the number of
witnesses to be presented and the schedule of the trial.

 2. The Pre-trial Order shall bind the parties, limit the trial to matter not disposed
of and control the course of the action during the trial, unless modified by the
court to prevent manifest injustice (I-B[10], A.M. No. 03—1-SC, July 13, 2004,
effective August 16, 2004).
Pre-trial in civil case vs. pre-trial in criminal case

Civil Case Pre-trial Criminal case pre-trial

Motion ex-parte It is preceded by motion ex-parte filed by the Not required from the prosecution
plaintiff to set the case for pre-trial

When It is set by the court after the requisite motion It is ordered by the court after arraignment
from the plaintiff after all pleadings have been and within 30 days from the date acquires
filed. jurisdiction.

Purpose The possibility of an amicable settlement or Does not consider the propriety of rendering a
of a submission to alternative modes of dispute judgment on the pleadings of summary
resolution. judgment.
Pre-trial in civil case vs. pre-trial in criminal case

Civil Case Pre-trial Criminal case pre-trial

Offer of compromise An offer of compromise is not an Except those involving quasi-offenses or those
admission of any liability, and is not allowed by law to be compromised, an offer of
admissible in evidence against the compromised by the accused may be received in
offeror. evidence as an implied admission of guilt.

Sanction for non- The failure of the plaintiff to appear  If the counsel for the accused or the prosecutor
appearance shall be cause for dismissal of the does not appear at the pre-trial conference and does
action. not offer an acceptable excuse for his lack of
cooperation, the court may impose proper sanctions
or penalties.
Pre-trial briefs Required Rule 118 does not mention the submission of
pretrial briefs
Judicial dispute resolution (JDR); purposes

 1. The explanatory note A.M. No.. 04-1-12-SC-Philja declares that “Despite the priority
given rule 18 of the Rules of Court, as amended, for the amicable settlement of cases,
most judges go through the function of exploring settlement perfunctorily for various
reasons, including fear of being disqualified if he goes into the process more intensively.
Thus it is the intention of the Juris Project to restore the importance of this priority and
install innovative procedures that will remove such apprehension.”
Judicial dispute resolution (JDR); purposes

 2. The concept of Judicial Dispute Resolution (JDR) is an innovative concept in the

judicial system and by it “it is hoped that mediation and conciliation at the level of the
judge would contribute significantly to the resolution of the mediatable cases, thereby
increasing the satisfaction of litigants in the court process and also heling to decongest
the dockets of the judiciary.”
 Another goal is to strengthen conciliation during the pre-trial stage in order to expedite
the resolution of cases.
Stages in the judicial proceedings with JDR;
confidentiality

 1. Judicial proceedings shall be divided into two stages namely:

 (a) from the filing of a complaint, to the conduct of CAM (Court-Annexed Mediation) and JDR
during the pre-trial stage; and
 (b) pre-trial proper to trial and judgment.
Stages in the judicial proceedings with JDR;
confidentiality

 2. The judge to whom the case has been originally raffled shall preside over the first
stage. He shall be called the JDR judge. The general rule is that, the JDR judge shall not
preside over the trial of the same case when mediation did not succeed.
 As mediator and conciliator, the judge facilitates the settlement discussions between the
parties and tries to reconcile the differences.
 As a neutral evaluator, the judge assesses the relative strengths and weaknesses of each
party’s case and make non-binding and impartial evaluation of the chances of each
party’s success in the case.
 The judge persuades the parties to reconsider their prior reluctance to settle their case
amicably.
Stages in the judicial proceedings with JDR;
confidentiality

 3. The mediation process is designed to be confidential. In order to safeguard the

confidentiality of mediation proceedings, the JDR judge shall not pass on any information
obtained in the course of conciliation, early neutral evaluation, or mediation to the trial
judge or to any other person.
 All JDR conferences shall be conducted in private. The JDR judge may, however, confer
in confidence with mediator who previously mediated the case, merely for purpose of
determining unresolved issues (A.M. NO. 04-1-12-SC-Philja.-Re-Philjia resolution NO.
06-22, Revised Guidelines for the Implementation of an Enhances Pre-trial Proceedings
under the JURIS Project, as Amended, August 29, 2006).
Cases Subject to Mediation

 (a) All civil cases, settlement of estates, and cases covered by the Rule on Summary
Procedure, except those which by law may not be compromised;
 Criminal cases like violation of traffic rules and regulations and violation of municipal or
city ordinances although included in the list of cases under summary procedure should not
be mediated because they cannot be compromised and might be a source of corruption if
mediation pushes through.
Cases Subject to Mediation

 (b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay
Law;
 (c) The civil aspect of B.P. 22 cases;
 (d) The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code.
Cases Subject to Mediation

 Example of quasi-offenses
 (i) Acts
committed by reckless imprudence or negligence resulting, for
example in slight, less serious, or serious physical injuries;
 (ii) Imprudence resulting in damage to property; and
 (iii) Reckless or simple imprudence with violation of motor vehicle law.
Cases Subject to Mediation

 (e)The civil aspect of estafa and libel under the proposed circular amending A.M.
NO. 04-01-12-SC;

 (f) The civil aspect of theft, under Art. 308 of the Revised Penal Code, as part of
the cases for referral to mediation.
Discovery procedures in criminal cases

 1. There is no rule which precludes the use of relevant modes of discovery in a criminal
cases. The modes of discovery are applicable to civil proceedings which necessarily
include the civil aspect of a criminal case. Be it noted that a person criminally liable for a
felony is, by the terms of Art. 100 of the Revised Penal Code, also civilly liable.
 An examination of the provisions of the Rules on Criminal Procedure discloses that the
Rules of Court allows the production and inspection of material evidence in possession of
the prosecution under Sec. 10 Rule 116. This provision is substantially equivalent to Rule
27, a mode of discover on the production or inspection of documents or things.
Discovery procedures in criminal cases

 2. The rules also allow the conditional examination of witnesses of both the defense and
the prosecution before trial in Sections 12, 13 and 15 of Rule 119 of the Rules of Court.
These are akin to discovery procedures in civil cases.

 Under Sec. 13 of Rule 119 of the Rules of Court, the necessity of the conditional
examination of the witnesses for the accused must be shown to the satisfaction of the
court.
Discovery procedures in criminal cases

 3. Lastly, in the case of People vs. Hubert Webb, 312 SCRA 573, the Court ruled that the
taking of the depositions in criminal cases is addressed to judicial discretion.

 The Court declared: “ The use of discovery procedures is directed to the sound discretion
of the trial judge. The deposition taking cannot be based nor can it be denied on flimsy
reasons. Discretion has to be exercised in a reasonable manner and in consonance with the
spirit of the law.”
THANK YOU!