1. Pre-trial Agreement

J. Pre-trial (Rule 118)

> RULE 118

Pre-Trial

Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall 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, order a pre-trial conference 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; and

(f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98)

Section 2. 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. 4, cir. 38-98)

Section 3. 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 lack of cooperation, the court may impose proper sanctions or penalties. (se. 5, cir. 38-98)

Section 4. 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. (3)

Concept under A.M. No. 03-1-9-SC

An undeniably important and vital component of case management in trial courts, the purpose of which is to abbreviate court proceedings, ensure prompt disposition of cases and decongest court dockets.

Pre-trial shall endeavor to persuade the parties to arrive at a settlement of the dispute, with due regard to the rights of the parties.

The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings before rendition of judgment.

J. Pre-trial (Rule 118)

WHAT THE COURT SHOULD DO WHEN PROSECUTION AND OFFENDED PARTY AGREE TO THE PLEA OFFERED BY THE ACCUSED

Duty of the court when the prosecution and the offended party agree to the plea offered by the accused

• During the pre-trial, the judge shall consider plea bargaining arrangements except in cases for violations of the Comprehensive Dangerous Drugs Act of 2002.

Note: Section 23 of the Comprehensive Dangerous Drugs Act of 2002 was declared unconstitutional for being contrary to the rulemaking authority of the Supreme Court under Section 5 (5), Article VIII of the 1987 Constitution. Sec. 23 provides, Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on pleabargaining.”

• If a plea bargaining is agreed upon, the court shall:
• Issue an order to that effect;
• Proceed to receive evidence on the civil aspect of the case; and
• Render and promulgate judgment of conviction, including the civil liability or damages duly established by the evidence. (I-B[5], A.M. No. 03-1-09-SC)

3. AGREED STATEMENT OF FACTS [STIPULATION OF FACTS]

Parties to ANY action may agree upon the facts involved in the litigation.

Such agreement must be in WRITING and upon facts involved in the litigation. The case will then be submitted for judgment on the facts agreed upon WITHOUT need for introduction of evidence.

If the parties agree only on some of the facts, trial shall be held as to the disputed facts.

In CIVIL cases, such agreement MAY be made orally, in open court. However, in CRIMINAL CASES, such agreement must always be in writing.

It may be conferred:

• By stipulation of the parties - as when in the pre-trial, the parties enter into stipulations of facts and documents or enter into an agreement simplifying the issue of the case.
• By waiver or failure to object to the presentation of evidence on a matter not raised in the pleadings; the parties try with the other party’s express or implied consent issues by the pleadings; such issues shall be treated in all respects as if they had been raised in the pleadings.

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 (Rule 118, Sec. 1).

Otherwise, they cannot be used against the accused. The agreements covering matters in a pre-trial shall be approved by the court.

But admissions during trial binds the accused even if it is not in writing or signed.

The Purpose of the Pre-trial is to Allow the Court to Consider:

• The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
• The simplification of the issues;
• The necessity or desirability of amendments to the pleadings;
• The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
• The advisability of a preliminary reference of issues to a commissioner;
• The propriety of rendering judgment on the pleadings, or summary judgment, or dismissing the action should a valid ground exist;
• The advisability or necessity of suspending the proceedings; and
• Such other matters as may aid in the prompt disposition of the action.

The Pre-Trial Brief Shall Contain the Following:

• A concise statement of the case and the reliefs prayed for
• A summary of admitted facts and proposed stipulation of facts
• The main factual and legal issues to be tried or resolved
• The propriety of referral of factual issues to commissioners;
• The documents or other object evidence to be marked, stating the purpose thereof
• The names of the witnesses, and the summary of their respective testimonies; and
• Brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Parties are bound by the representations and statements in their respective pre-trial briefs as such are in the nature of judicial admissions.