RULE 118 – PRE-TRIAL
1.
WHAT IS PRE-TRIAL?
A procedural device used prior to trial to
narrow issues to be tried, secure stipulations as to matters and evidence to be
heard, and to take all steps necessary to aid in the disposition of the case.
2.
WHAT DISTINGUISHES PRE-TRIAL IN
CIVIL AND CRIMINAL CASES?
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CIVIL CASES |
CRIMINAL CASES |
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Pre-trial in civil case is preceded by a motion ex parte filed by the
plaintiff to set the case for pre-trial. |
Motion ex parte is not required from the prosecution in a criminal
case |
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Pre-trial in civil case is set by the court after the requisite
motion from the plaintiff and all pleadings have been served and filed. (Sec. 1, Rule 18, Rules of Court) |
In a criminal case, the pre-trial shall be held 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 for in special
laws or circulars of the Supreme Court (Sec.
1, Rule 118, Rules of Court). |
|
The purpose of pre-trial in a civil case is to consider the
following: (a) The possibility of an amicable settlement or of a submission
to alternative modes of dispute resolution; (b) The simplification of the issues; (c) The necessity or desirability of amendments to the pleadings;
among others as stated in Sec. 2, Rule 18, Rules of Court. |
The purpose of pre-trial in a criminal case is to consider the
following: (a) plea bargaining; (b) stipulation of facts; (c) marking for identification of evidence
of the parties; (d) waiver of objections to admissibility of evidence; among others
as stated Sec 1, Rule 118, Rules of Court. |
|
In a civil case, sanction for non-appearance is imposed upon the
non-appearing party, which can be the plaintiff or defendant (Sec. 5, Rule 18) |
In a criminal case, the sanction is upon the counsel or the
prosecutor upon whom the “proper sanction or penalties” may be imposed for
non-appearance in case of failure to offer an acceptable excuse for lack of
cooperation (Sec. 3, Rule 118) |
|
In a civil case, the parties are required to file and serve their
pre-trial briefs (Sec. 6, Rule 18) |
In a criminal case, Rule 118 does not mention the submission of a
pre-trial brief. |
|
Under A.M. No. 03-1-09-SC, all proceedings during the pre-trial shall
be recorded. The minutes of each pre-trial conference shall contain matters
taken up therein more particularly admissions of facts and exhibits and shall
be signed by the parties and their counsel. |
In a criminal case, there is a strict warning. Under Sec. 2 of Rule
118, all agreements or admissions made or entered shall not only be reduced
in writing and signed by the accused and counsel but it further provides that
“otherwise, they cannot be used against the accused.” (I-B[8], A.M. No. 03-1-09-SC) |
3.
WHEN IS PRE-TRIAL HELD?
Pre-trial shall be held 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 for in special
laws or circulars of the Supreme Court (Sec.
1, Rule 118, Rules of Court)
XPN:
when the accused is under preventive
Detention
-
The case shall be raffled within 3 days.
Arraignment shall be done within 10 days after the raffle. Ten days thereafter,
the pre-trial.
4.
IS PRE-TRIAL INDISPENSABLE?
In all criminal cases, pre-trial is
mandatory in the following courts:
(a) Sandiganbayan
(b) RTC
(c) MetC
(d) MTCC
(e) MTC
(f) MCTC
5.
WHAT ARE MATTERS TO BE TAKEN UP
DURING PRE-TRIAL?
A Pre-trial is a conference after
arraignment which is mandatory in all criminal cases to consider the following:
(a) plea
bargaining;
(b) stipulation
of facts;
(c) marking
for identification of evidence of the parties;
(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 other matters as will promote a fair
and expeditious trial of the criminal and civil aspects of the case (Sec 1, Rule 118, Rules of Court)
6. WHAT OTHER MATTERS MAY BE TAKEN
DURING PRE-TRIAL?
7.
WHAT IS A PRE-TRIAL AGREEMENT?
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.
The agreements covering the matters referred to in section 1 of this Rule shall
be approved by the court. (Sec. 2, Rule 118, ROC)
FORM:
(a) Reduced
to writing;
(b) Signed
by both the accused and counsel; and
(c) Must
be approved by the court if the agreement covers matters under Sec. 1 of this
Rule.
v NOTE! If it is not reduced in
writing and signed by the accused and counsel, said agreements or admissions
CANNOT be used against the accused.
8.
WHOSE PRESENCE IS INDISPENSABLE
DURING PRE-TRIAL?
Presence of the counsel of the accused and the prosecutor
9.
WHAT IS A PRE-TRIAL ORDER?
After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of, and control the course of the action during the trial, unless modified by the court to prevent manifest injustice. (Sec. 4, Rule 118, ROC)
The chart for the trial, which once issued and the trial begins should not be modified. It is an order which limits the issues for trial to those not disposed of by admissions or agreements of counsel. (Salano v. Insierto)
An order embodying the terms and
stipulations agreed upon at the pre-trial conference or hearing. This order
governs the conduct of the trial and binds the parties unless, for good cause
shown the trial judge modifies it. (Black’s
Law Dictionary)
CONTENTS:
(a) Recital
of the action taken by the court;
(b) the
facts stipulated by the parties; and
(c) the evidence marked by the parties.
EFFECT:
(a) binds
the parties to the case
(b) limits
the trial to matters not disposed
(c) controls
the course of the action during trial, unless modified by the court to prevent
manifest injustice
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