Professional Documents
Culture Documents
(e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.
> Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan,
RTC, MTC and MCTC
> After arraignment, and within 30 days from the date the court acquires
jurisdiction over the person of the accused
> An exception to the rule is 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.
1. The presence of the accused and more importantly the offended party, for
purposes of plea bargaining and determination of civil liability. Remember that
plea bargaining isn’t allowed in cases involving violations of the Dangerous Drugs
Act.
2. Referring the matter for preliminary conference to the clerk of court.
3. Warning that evidence not offered during preliminary conference shall be
inadmissible except if because of good cause and under the discretion of the court
1. The clerk of court is given a vital role in the speedy disposition of cases
2. He shall serve as the mediator or arbitrator between the accused and offended
party for the two parties to reach a settlement as to the civil liability of the accused
3. He shall serve as mediator between the parties with regard plea bargaining
4. He shall serve as mediator in the stipulation of facts between the accused and
offended party
5. He shall oversee the introduction and marking of documentary evidence
6. He shall see that the evidence is genuine and duly executed
7. He shall oversee the conference if there will be any waiver to objections over
admissibility of evidence
8. In case the accused gives a lawful defense, he will indicate that there would
be a modification of the order of trial
N.B
1. A preliminary conference precedes a pre-trial. It is officiated by the clerk of
court. The clerk of court plays a vital role in the speedy disposition of cases.
2. Often times, there would be no pre-trial anymore but the trial would
commence and the judge would issue the decision for the disposition of the case.
3. The pre-trial conference is conducted for the expeditious disposition of the
case. What happens in the conference is more than what meets the eye.
4. There is now an amendment in the new rules providing for the parties to
talk with each other absent their lawyers. Lawyers often times are stumbling
blocks in the speedy disposition of
cases.
5. In the pre-trial and preliminary conference, there is narrowing of conflict between
the parties. In furtherance of this, the judge is sanctioned to allow the number of
witnesses to be presented, limit the trial days, etc.
6. Remember that any evidence not presented or marked during the pre-trial
conference shall not be admitted during the trial. This is done to make the
presentation of evidence mandatory for the
parties to the case. Additional evidence shall only be allowed if there is good
cause and for furtherance of justice
7. Evidence is genuine and duly executed—in relation to notarial law when the lawyer
admits to the genuineness and due execution of the documentary evidence presented.
8. The preliminary conference is to minimize the things to be discussed during
the pre-trial conference that would be conducted by the judge. After the pre-trial
conference, a pre-trial order shall
be issued. This will serve as the bible for the rest of the proceedings.
9. See the Revised Rules on Pre-trial issued during August 2004.
The Supreme Court recently approved A.M. No. 15-06-10-SC, or the Revised Guidelines for
Continuous Trial of Criminal Cases (Revised Guidelines), which is set to take effect on 1
September 2017. The Revised Guidelines follows a series of pilot testing of continuous trial
procedure for criminal cases in several trial courts in Metro Manila beginning in 2014. The
Revised Guidelines are designed to cut trial duration in criminal cases from the usual three
years to just around three months.
Applicability
The Revised Guidelines will apply to newly-filed criminal cases (i.e. filed after 1 September
2017), and those already pending as of the effectivity date, with respect to the remainder of the
proceedings. Criminal cases before the Trial Courts, the Sandiganbayan, and the Court of Tax
Appeals will be affected.
The Revised Guidelines seek to streamline the criminal litigation process by introducing several
changes to existing trial procedures. To achieve this objective, the Revised Guidelines has,
among others, set out revised rules on the form and timing of presentation of witnesses, which
are expected to impact trial preparation. In summary, the Revised Guidelines provide:
(a) In criminal cases before First Level Courts (i.e. Municipal and Metropolitan Trial Courts,
etc.), witness testimonies shall consist of (i) duly subscribed written statements given to law
enforcement officers; or (ii) affidavits or counter-affidavits submitted during preliminary
investigation; or (iii) if (i) and (ii) are not available, judicial affidavits.
(b) In criminal cases before Regional Trial Courts, the Sandiganbayan, and the Court of Tax
Appeals, the form of witness testimonies depends on the nature of the crime involved.
In criminal cases where (i) the demeanor of the witness is not essential in determining
the credibility of the said witness, such as expert witnesses who will testify on the
authenticity, due execution, and contents of public documents or reports; and (ii) in
criminal cases that are transactional in character such as falsification, malversation, or
estafa, or other crimes where the culpability or innocence of the accused can be
established through documents, the testimonies of the witnesses shall be the, duly
subscribed written statements given to law enforcement officers, or the affidavits or
counter-affidavits submitted during preliminary investigation, or (iii) if (i) and (ii) are not
available, judicial affidavits.
In all other cases where the culpability or innocence of the accused is based on the
testimonies of eyewitnesses, the testimonies of these witnesses shall in be oral form.
(d) The Revised Guidelines provide that courts should strictly enforce the rule that each witness
shall be fully examined in one (1) day, although it remains to be seen how this will be
implemented.
Why it affects you?
Clients involved in existing criminal litigations may need to adjust schedule of availability of their
witnesses, following a possible adjusted trial schedule which may be imposed by the court.
Additional arrangements may need to be made for the preparation of judicial affidavits and/or
preparation for oral testimonies, depending on the nature of the crime involved. Meanwhile,
those planning to institute criminal cases will need to secure the availability of possible
witnesses early on in the proceedings, and where possible, prepare the necessary affidavits
ahead of time.