KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
RULE 18 Pre-trial as Amended
Rule 18 must be read together with Rule 118
Pre-trial in Criminal Cases.
Dito sa pre-trial, as early as 1989, pre-trial in
Civil Cases was already mandatory, but in
Criminal Cases, it became mandatory only in
1998. 9 years after. Masyado malayo diba?
Bakit hindi mandatory yung pre-trial before in
Criminal Cases? Because pre-trial includes
stipulations and admissions. E medyo
alanganin sa Criminal, because you might be
convicted by mere stipulations and
admissions.
Kung sa Pre-trial nag-stipulate, did the
accused kill the victim? Yes. E di tapos na.
haha.
And why did you kill the victim? Because I
hated him. O edi tapos na, kaya be very
careful. Inayos mabuti yung procedure before
it became mandatory.
But under the present dispensation, whether
it is criminal or civil, PRE-TRIAL IS
MANDATORY.
So that, what will happen if there is no pre-
trial? It may amount to a miscarriage of
justice. It may amount to non-compliance
with due process. Non-observation of the due
process clause.
In fact, if you try to look at Rule 121, that is
New Trial/Reconsideration in Criminal Cases.
Among the grounds for New Trial
irregularities in the proceedings - SO failure
to have a pre-trial is an irregularity in the
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proceeding. That may be a ground for New
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Trial.
So lets go to 18 as amended, incidentally and
unfortunately, the amendatory circular to pre-
trial has not been integrated in Rule 18. Ang
tagal na non. And this is the circular on
Philippine Mediation and Conciliation Process
or Proceeding. Mandatory yan and that should
have been integrated in Rule 18 as well as in
Rule 118. Kasi dito whether it is Civil or
Criminal, kailangan ang pre-trial, as
amended. And the amendatory circular is the
Philippine Mediation and Conciliation
Proceedings.
Let me discuss this Rule 18 and Rule 118 as
amended by the Philippine Mediation and
Conciliation
What dont you find under Rule 18 that you
find in Rule 118? Plea-bargaining. There is no
plea-bargaining in civil cases, in criminal
cases, plea-bargaining is mandatory or the
court should at least ask whether they will
plea bargain.
Ano yon? Under Sec. 1 of Rule 18, it says there
that after the last pleading is filed, the plaintiff
must file a motion ex parte to set the case for
pre-trial.
[Old] Section 1. When conducted. After the
last pleading has been served and filed, if shall
be the duty of the plaintiff to promptly move ex
parte that the case be set for pre-trial
Applicable pa ba yan? YES, applicable pa yan.
In Criminal Cases walang provision na ganon,
although you can also apply that. And that is
being applied also. Pero because of this
amendatory rule
SO halimbawa, Mr. A the plaintiff, after the
last pleading- ano ba ang last pleading?
supposedly Reply. But Reply is not always
necessary. SO after he has received a copy of
the Answer, he can now file a motion ex parte
setting the case for pre-trial.
Supposed the court sets the case for pre-trial,
lets just say Feb. 15 immediately after
Valentines Day. Feb. 15, may pre-trial tayo.
On the day of pre-trial, matutuloy ba yung pre-
trial as provided for under Rule 18 or Rule
118? NO. It will not because ang unang
tatanungin ng judge as if hindi niya alam pero
alam niya naman yan. Have you undergone
mediation or conciliation?
Nagtatanong na alam naman nila na wala.
Sasabihin, wala pa po. Magtatanong pa
would you like a mediation to be conducted?
Hindi na dapat. Dapat i-order na ng court
because this is mandatory, whether it is civil or
criminal whether it is summary or regular
procedure, mediation is mandatory. So ang
dapat doon pagdating sa pre-trial, Feb 15, the
judge will say Go, to the Mediation
Proceeding! because every court throughout
the Philippines meron na diyan na adjunct
mediator and conciliator.
The mediator and conciliators are supposedly
non-lawyers. They should be better if they are
psychologists, social workers, mga ganon, but
the truth of the matter is that ang mga
mediator ngayon sa Metro Manila ay usually
retired lawyers. We even have retired fiscals,
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
retired judges. Sila ang mga mediator. But you
know I like this procedure because at the
moment, 70-75% of mediation succeeds and it
has a very good way to declog the dockets of
courts kasi grabe na ang docket ng courts
natin. So itong mediation, maganda talaga ito.
So the court will send you to the mediator. And
you have how many days? 30 days within
which to arrive possibly at amicable
settlement. Pagdating don, tatanungin ng
mediator, O, ano bang problemang ito?
Andito, sum of money lang naman ito
Magkano sinisingil mo? 300K Sabi ng
mediator, hindi mo ba pwedeng tanggapin?
Sige po kung 300K yan e, pwede na ho ng
295K. Sobra ka naman, baka pwede naman
Magkano naman ikaw ang pwede mo
bayaran? Yung para bang central market,
youre bargaining. Parang collective bargaining
negotiation. So sabi niya, kaya ko lang po,
50K Tinignan ka ng plaintiff sama ng mata
50K?! interest lang yan e! But until finally,
perhaps you can come up 150K. It is 50%. O
payag ka na ba 150K? Sige ho payag na ko
o sige ha, Ill give you agreement 150K Ay
sandal po! sasabihin ng defendant. Pwede ho
bang sampung hulugan? haha! Nasira na
naman. Ano?! Akala koi to diretso na 150K,
sampu pala. 15K a month?! Ano ba naman
yan? Edi pag-usapan niyo na naman. Pwede
bang 8 months?" Wag! sasabihin ng plaintiff,
2 months! O 75000 per month ay hindi, so
you are at again at 5 months. Kapag meron
na, ibabalik yung compromise agreement,
theyll already be a judgment on compromise.
Ok?
Problem: In Criminal Cases, remember that
Criminal Cases are not subject to compromise. mahirap. Then, pagdating sa court, mayroon
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You cannot compromise Crim Cases. So ano ng affidavit of desistance. That will be
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ang gagawin doon? May amicable settlement subscribed and sworn to before the prosecutor.
ang palusot ganito. Palusot sa batas. Ang Remember, Criminal it is under the direct
palusot diyan ganito, we are going to settle control and supervision of the public
the Civil aspect of the case Homicide, prosecutor, witness ka lang, private
halimbawa. Ang sabi ng mediator, alam niyo complainant ka. So it must be subscribed
ho namatay ho yung anak ninyo, hindi nap o before the fiscal. Pagdating don, may affidavit
maibabalik yung buhay niyan Masakit diba? of desistance, ganito na ang procedure niyan.
Kaya nga ho humihingi kami ng danyos kasi
hindi na namin maibalik yung buhay ng anak The fiscal will present the affiant before the
ko. Kasi ho kung buhay yan, nag t trabaho na witness stand and say, Mr. so and so, are you
yon, kumikita na yon, nagbibigay na sa amin the complainant in this case? YES. Do you
ng pera. Pero sige, civil aspect, magkano recall having executed an affidavit of
naman ang danyos na hinihingi mo? Kasi hindi desistance? YES. Is this the affidavit of
mo na maibalik ang buhay. Gusto ko ho desistance? YES. Do you affirm and confirm all
ikulong yan. Matigas yan. At sasabihin nung the allegations in the affidavit of desistance.
conciliator, o sige, re-set natin ha. 10 days. YES, ok? Your Honor, exhibit A for the
Palamig muna kayo. Re-set. O, kaya nga the prosecution. Your Honor, with the affidavit of
30 days can be extended to another 30 days desistance of the private complainant, the
max. of 60 days. prosecution will have no principal witness in
this case. And well be unable to establish the
Kung nagkaigi, kelangan ko lang po half a guilt of the accused beyond reasonable doubt,
million. Sabi naman ng defendant, medyo may hence, prosecution moves for the dismissal of
pera. Sige ho payag na ho ako half a million the case. Any objections? Sino mag-o-object?
para matapos nalang. So na-settle yung civil Haha! Ok, this case is dismissed
aspect of the case, ano ng gagawin ng criminal
aspect of the case? Hindi ma-s-settle yon. But Yan ang paikot don. And that is brought about
you have it dismissed. In the settlement by this. Kaya tumagal na mangyari yung pre-
proceeding, nagkakaroon ng execution of an trial as mandatory in criminal cases. Kasi
affidavit of desistance. paiikutan mo yung batas. You cannot
compromise. Kasi ang complainant dito is the
When you get to become lawyers, be very Rep of the Phils. The 98M people of the
careful with your affidavit of desistance. The Philippines against Juan Carlos y Salarzia. But
affidavit of desitance must be stated in such a in Civil, madali. Compromise Agreement
way that you did not receive anything. Ilalagay Judgment.
mo lang don that considering that we filed this
case because of misapreeciation of facts. Diba Now, supposed there is no settlement during
mga ganyan? Sa Civil, madali. Sa Criminal, the conciliation proceedings. Yung records
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
ibabalik doon saan? Sa Clerk of Court and you
call this, Preliminary Conference. Dont call
that pre-trial. Why? The term preliminary
conference applies now in both summary and
regular procedure. There is now preliminary
conference even in regular procedure. Dati,
applicable lang yan sa Summary Procedure.
Ngayon, preliminary conference because of this
instance is now applicable in regular procedure
but it is undertaken before the Branch Clerk of
Court.
Under the Mediation Rule, ang sasabihin ng
Clerk of Court. Dati galit yung mga Clerk of
Court dito sasabihin niya, Ano ba ito?
Additional work na naman ito. Nag-complain
sila. Sabi ng SC, yan, yan ang sinabi ko, wala,
tuloy na yan. So ngayon nasanay yung mga
Clerk of Court to undertake the preliminary
conference. Pagdating don, under the Rule, it
says, the Clerk of Court must try to convince
them to arrive at settlement. Kung wala na rin
talaga, so preliminary conference proper takes
place.
Papaano yon? Nakita niyo don sa Sec. 1 of
Rule 18 na ginagawa ron stipulations and
admissions, marking of evidence, diba? And
then, statement as to the nature of the
witnesses, the names of the witnesses. Lahat
yan hindi na yan sa pre-trial proper. Tandaan
niyo, hindi na yan sa pre-trial, that is already
in the Preliminary Conference before the
Branch Clerk of Court so as far as the plaintiff
is concerned, the Branch Clerk of Court will
say, Ok, sige, mag stipulate ka na. Will admit
the identity of the defendant? Ok. Will you
admit jurisdiction? Admitted. Lahat yan.
Then, sa Criminal, be very careful ha. Baka
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kung lawyer na kayo, be very careful with your
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admission. Pagdating sa Criminal, tatandaan
niyo, if you are for the accused, dalawa lang
ang dapat mo i-admit, identity as far as the
information is concerned and jurisdiction.
Sa Civil, under Rule 18, so the Clerk of Court
said, ok, stipulation/admission alright. And
then, what are your pieces of documentary
evidence? I have here promissory note Ok,
let that be marked as Exhibit A Pangalawa,
demand letter. Let that be marked as Exhibit
B There is a check. Let that be marked as
exhibit C Nandon na lahat. Marking of
evidence. Under, now, the preliminary
conference. OK? Marking of Evidence!
This is not the time for objection. Because the
objection under the Rules of Evidence can only
be done or undertaken at the time of offer. Nag
m mark lang ito. Ngayon, halimbawa, ang
pinapamarkahan ng plaintiff are Xerox copies.
You make the proper manifestations. Those
documents that are being marked, Your Honor
are only Xerox copies. So sasabihin ng Branch
Clerk of Court, ok, Provisional Marking,
subject to comparison in the course of the
trial.
Pagkatapos, doon naman sa defendant, ikaw
defendant, how many pieces of documentary
evidence? Makikita Exhibit 1, Exhibit 2, Exhibit
3. Lahat na yon.
Next, how many witnesses are you going to
present? I am going to present 3 witnesses.
Who are these 3 witnesses? I have Juan
Carlos, Pedro Santos and Maximino dela Cruz.
Ok, ilalagay na yon. What is the nature of their
respective testimony? The first witness,
evidence in chief. The second and third
witnesses, corroborative witnesses. Nakalagay
na yon doon lahat. Ganon din dito sa
defendant.
Ano ang last part? How long will it take you to
complete your presentation of evidence [] It
will take me 4 settings. Now is Feb 15 or March
15. We give you 1 month each so Feb then you
have March, April, May and June. And after
June, you have 1 month to prepare your formal
offer of evidence. So by July, we have already
defendants evidence.
How many days? How many settings? I need
only 3 settings. So we start you by July or
August. August, September, October.
Ano ba ang ginagamit dito now, sa gantong
procedure? Ginagamit yanin compliance or
pursuant to the Speedy Trial Act. The Speedy
Trial Act. You know, that this is discussed
under Rule 119, because it is integrated there.
But you know ang Speedy Trial Act, instead of
really expediting the proceedings, only delays
the proceedings. Nahahalata na yan ngayon ng
lahat ng practitioner na pagka ginamit itong
Speedy Trial Act, hindi nagiging Speedy, mas
lalong lard- it lags behind. Kasi ano ang
nangyayari? Every case you have already
specific setting. Pagating sa trial, o the first
day of trial, Apr 5, first day of trial. Pagdating
doon, prosecution evidence ito or plaintiffs
evidence. Pagdating sa trial, ano nangyari?
Wala si judge. Bakit? Pinatawag ng Malacanang
kahit hindi. Haha! Wala si judge, so reset doon
sa next so by the time that it is already the
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
last day, for the presentation of evidence, wala
pa rin. Hindi matutuloy ngayon. Bakit hindi
matutuloy? Yung mga stenographers may
national conference sa Baguio. So walang
stenographer. SO 1001 reasons. Pagdating
naman ng isa, may sakit po yung witness
naming or yung lawyer namin po, nag LBM.
Diba? Usual. Yun palagi ang lawyer. Ewan ko
bakit palaging nag-l-LBM pag lawyer. Sickness
is most abused ground for postponement. Kasi
LBM, hindi kailangan ng medical certificate.
So this is what happens, so pagdating ng
presentation ng evidence for the defendant,
nandoon ka palang sa plaintiff. Pag natapos
naman yan, sasabihin ng court, O, when will
be our next hearing? Our next hearing, Your
Honor, will be November 15 Then pag
November 15, nag-present din. O, what is our
next setting? Wala na po. O, when can you
set it? Can you set it by December? Hindi
pwede. Our hearing on December will only be
up to December 12. December 15. Kasi
Christmas na So kelan? January? Hindi po,
puno na po ang calendar. So kelan? Ang
available po June of the following year Haha!
That is the reality now. Kaya don ka na mag-
start sa June kasi yung iba, na Speedy Act Trial
cases din, meron na ring setting and kahit
tingnan mo ang record, talagang puno na ang
calendar. So this is Speedy Trial Act. Mabuti
pang hindi i-set, para yung mga postponed,
may mga judges, halimbawa, nag mag-s-set
ng 25 cases for one day. Alam niya naman na
matutuloy lang don, tatlo. Sinet pa 25 cases,
so tawag ngayon. Not Ready. Non-Appearance.
Not Ready. Non-Appearance. So re-set that.
Kelan? Today is August, re-set that by
November. So ang tagal na. This is what
happens. Notwithstanding our requirements
that it must be expedited thru this mediation
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conciliation proceedings, hindi pa rin natutuloy.
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This is preliminary conference. When is -------------------------------------------------
now the pre-trial proper?
1:12:23 Raemond, start
The pre-trial proper, i-p-prepare na yon ng
here until end
------------------------------------------------
Clerk of Court. And the records will be brought
on the date set for pre-trial proper.
Pagdating doon sa pre-trial proper, anong
gagawin na ng Judge? Under the mediation
rule, the judge must still convince them to
-------------------------START OF BRONDI
enter into settlement. Pag hindi pa rin. He now
NOTES (Ging) please check if kaya i-
issues the pre-trial order. Tandaan niyo ito.
incorporate
Mandatory yan. Pre-trial order. Without the
pre-trial order, there will be an irregularity. It
When pre-trial is set, what happens?
can be a ground for re-opening cases.
Presentation of documents and names of
Kailangan na kailangan ang Pre-Trial Order,
witnesses; marking and identification of
bakit? evidence
This is the guide for the hearing. This pre-trial
order. So ang ibang mga judges for those of An application for being a state witness, is
that part of plea-bargaining? No. Because it is
you who are familiar with court proceedings,
upon the discretion of the prosecution to
yung pumupunta kayo, nagkakausap kayo,
recommend, although the final say is with the
yung magagaling na judge, pagbigay ng record court. That is not part of plea- bargaining
ng Clerk of Court, right there and then will because plea-bargaining is asking the other
issue the pre-trial order. party to accept your plea to a lower charge,
e.g., murder to homicide, and that is done
during pre-trial.
Yung mga bagong judge or mga tamad siguro
or whatever. Sabihin niyan, the pre-trial is
Take note that when you plea bargain for the
hereby terminated. Yun lang sasabihin non. So
reduction or removal of one of the accused
the pre-trial order kasi nandon na lahat e,
from the charge sheet, it must always be by
dapat i-recite na yon. Yung evidence
leave of court.
Then, when you receive a copy of the pre-trial
Under Rule 18, under mandatory
order, every party or every lawyer is given 15
requirement there is appearance of the
days within which to question or to assail or
parties and counsels. What are the
make modifications in the pre-trial order.
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
sanctions if any of the party does not
appear? It depends. If it is the plaintiff, the
action will be dismissed without prejudice,
unless otherwise ordered by the court or in
other words, non-suited. If it is the
defendant, it shall be cause to allow plaintiff
to present his evidence ex parte. Note that
there is no more declaration here, as in
default. But if the counsel is not present,
but the party, plaintiff or defendant, then
the rule will not apply because it is the
counsel who is not present. Unfortunately
there is no sanction for lawyers under this
rule. In criminal procedure, however,
sanction is up to P20, 000 for private
lawyers, and up to P5, 000 for government
lawyers.
Present rule):
Rule on national mediation and conciliation
proceedings before the Philippine Mediation
and Conciliation Office (amended Rule 18
and Rule 118); the term preliminary
conference is not limited now to summary
procedure only. Even in the pre-trial, as
amended, there is preliminary conference.
That preliminary conference is done before
the branch clerk of court. Identification of mandatory. Without a pre-trial and pre-trial
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evidence, marking of evidence, stipulations order is a ground for disciplinary action
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and admissions they are all done before against the judge, and pre-trial must be
the branch clerk of court. So when the conducted. In criminal procedure under Rule
plaintiff sets pre-trial on a particular day, 121, lack of pre-trial is a ground for new
you go to court and 100% pre-trial will not trial.
push through because you will be referred to
Philippine Mediation and Conciliation Office, Summary:
which is mandatory and cannot be waived. 1. Mediation and conciliation with the
Within 30 days, you must find ways and PMCO;
means to settle. And this 30-day period is a. 30 days, extendible for
another 30 days
extendible to another 30 days, maximum of
2. If settled
60 days for mediation and conciliation. a. Mediation officer drafts
compromise
What happens if there is settlement there? agreement;
Mediator will simply draft compromise b. Parties sign;
c. Submit to court;
agreement, and when parties are amenable,
d. Court issues judgment on
they will sign it, and they give it to the court compromise (immediately
which will render judgment on compromise executory).
that is immediately executory. If there is no 3. If not settled
settlement before the mediation officer, then a. Case brought back to
court for preliminary
it is brought back to the court for
conference before branch
preliminary conference before the branch clerk;
clerk of court. And after the branch clerk of b. After PC before branch
court has undertaken the preliminary clerk, pre-trial proper
conference, you go now to pre-trial proper before the judge;
c. Judge issues pre-trial order.
before the judge. The judge will now have to
issue a pre-trial order. The pre-trial order is