J. Pre-trial (Rule 118)

Courts where Pre-Trial is Mandatory

• Sandiganbayan
• Regional Trial Court
• Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, Municipal Circuit Trial Court (Rule 118, Sec. 1)

NATURE AND PURPOSE

The pre-trial is mandatory BOTH in civil and in criminal cases.

Period of Pre-trial

GR: It shall be held after arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused (Sec. 1, Rule 118).

MATTERS TO BE CONSIDERED DURING PRE-TRIAL

The matters considered in a pre-trial are:

• Plea bargaining
• Stipulation of facts
• 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 god cause shown (I-B (2), A.M. No. 03-1-09-SC).

• Waiver of objections to admissibility of evidence
• Modification of the order of trial if the accused admits the charge but interposes a lawful defense
• Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case (Rule 118, Sec. 1).

During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions must be directed to him to avoid hostilities between parties. (I-B[7], A.M. No. 03-1-09-SC)

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- 1-09-SC)

Salient Features of the JDR

The judges conducting the JDR and the pre-trial proper are different.

Notes taken during the JDR shall not form part of the records of the case.

PRE-TRIAL BRIEF; EFFECT OF FAILURE TO FILE

A pre-trial brief is required to be filed at least three (3) days before the date of the pre-trial conference and it MUST be served on the adverse party.

Schedule of Arraignment and Pre-Trial for a detained accused

Pre-Trial is set ten (10) days from the Court’s receipt of the case. It should be set in the Commitment Order.

Schedule of Arraignment and Pre-Trial for a non-detained accused

Pre-Trial is set thirty (30) days from the Court’s receipt of the case. It should be set in the Order of Approval of Bail.