Pre-Trial in Criminal Cases Pre-Trial, generally the procedure of relieving the trial court from consideration of matters NOT

T directly or immediately related to the question of guilt; trial can now proceed on an orderly, systematic and more expeditious manner. Pre-Trial now Mandatory in Criminal Cases Section 1 of Rule 118 - Rules of Court "to expedite the trial, where the accused and counsel agree, the court shall conduct pre-trial conference on the matters enumerated in Sec. 2 hereof, without impairing the rights of the accused." Now, in ALL criminal cases, the court shall, after arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided, order a pre-trial conference. Hence, pre-trial in all criminal cases is now Mandatory. Purpose of Pre-Trial simplify issues shape up the testimonial and documentary evidence generally to clear the desk for trial (Irving Trust Co. v US) The parties may stipulate and admit certain facts such as: the qualifications of expert witnesses; existence and due execution of official documents; the official status of the offender or of the offended party; (US v Onori) In cases where documentary evidence is voluminous, pre-marking of thereof for easily identification during the trial may be undertaken during the preliminary conference. Setting the Pre-Trial Conference Within 30 days from the date of arraignment, and issue an order: Requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drug Act of 2002. referring the case to the Branch Clerk of Court if warranted, for a preliminary conference to be set at least 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; informing the parties that 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. Pre-trial conference; subject of Rule 118 of the Rules of Court: plea bargaining; stipulation of facts; marking of identification of evidence of the parties; waiver of objections to admissibility of evidence; modification of the order of trial if the accused admits the charge but interposes a lawful defense; and such matters as will promote a fair and expeditious trial of criminal and civil case.

by: Guario, Princess Kimberly T.

Period to conduct Pre-trial Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom it is assigned within 3 days after filing of the compliant or information. The accused shall be arraigned within 10 days from the date of the raffle. The pre-trial shall be held within 30 days after arraignment unless a shorter period is provided for by law. Plea-bargaining defined "the process whereby the accused and the prosecutor in a criminal case work out a manually satisfactory disposition of the case subject to court approval" -Black's Law Dictionary Procedure for plea-bargaining if they so agree, the following are proposed: to make or not to oppose favorable recommendations as to the sentence which should be imposed if the accused enters a plea of guilty to the offense charged; the plea of guilty to a lesser offense; the presence of mitigating and absence of aggravating circumstances or the imposable penalty be probationable; the dismissal of other charges against the accused if he enters a plea of guilty to the charge under consideration; Does pre-trial include ammicable settlement? NEGATIVE Except: those cases falling under the jurisdiction of the Lupong Tagapamayapa which should be amicably settled pursuant to PD 1508 - Katarungang Pambarangay.

Pre-trial aggrement ALL agreements or admissions made or entered during the pre-trial conference shall be reduced in WRITING and SIGNED by the accused and counsel, otherwise they cannot be used against the accused. Pre-trial stipulations distinguished from admissions During the pre-trial proper, a party may offer and the other may admit the truth of certain facts. The facts thus agreed on are called - judicial admissions. This judicial admission is undoubtedly more expedient than pre-trial stipulations for it relieves the court of the burden of issuing a judicial order regarding the matter. Pre-trial formal requirements Sec. 4, Rule 118 - Rules of Court - requires that the court issues an order after the pre-trial conference reflecting thereon the actions taken, the facts stipulated and the evidence marked. This pre-trial orders itself issued by the court should be signed by the accused and his counsel to bind the accused, limit the trial to matters not disposed of, and control the subsequent course of the action until terminated unless modified in the meantime to prevent manifest injustice. Non-appearance at pre-trial conference 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 absence, the court may impose proper sanctions or penalties; may be in the form of reprimand, fine or imprisonment. In as much as this is similar to indirect contempt of court, the pemalty of indirect contempt may be imposed.

by: Guario, Princess Kimberly T.

Pre-trial Order After the pre-trial conference, the court is required to issue an order reciting the actions taken. Guidelines in the conduct of pre-trial in criminal cases 1. During the preliminary conference. the branch COC shall assist the parties; in reaching a settlement of the civil aspect of the case; mark the documents to be presented; ascertain the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. 2. Before pre-trial conference, the judge must study: the allegations of the information; the settlements in the affidavits of witnesses; and other documentary evidence.

3. During pre-trial, the judge shall consider plea-bargaining arrangements. When the prosecution agrees to the plea offered by the accused, the court shall: issue and order which contains the plea bargaining arrived at; proceed to receive evidence on the civil aspect of the case; render and promulgate judgment of conviction, including the civil liability or damages duly established by the evidence. 4. When plea bargaining fails, the Court shall: Adopt the minutes of preliminary conference as part of the pre-trial proceedings;

confirm markings of exhibits; list object and testimonial evidence; Scrutinize every allegation of the information and the statements in the affidavits, in particular as to the following: -identity of the accused; - court's territorial jurisdiction relative to the offense/s charged; - qualification of expert witness/es; - amount of damages - genuineness and due execution of documents; - the cause of death or injury in proper cases; - adoption of any evidence presented during preliminary investigation; - disclosure of defenses; - other matters; - define factual and legal issues; - ask parties to agree on trial dates; - require parties to submit the names, addresses and contact number of witnesses that needs to be summoned or subpoena; and - consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

by: Guario, Princess Kimberly T.