RTC Branch 68
his plea/plea bargaining?”
Presiding Judge - Hon.
Pairing Judge – Hon.
Public Prosecutors:
SACP
ACP
SACP
BCC – Atty.
Court Interpreter –
Stenographers –
Clerks –
Hearing Schedule:
Tips/Things to Remember
I. ARRAIGNMENT
1. All cases for arraignment, PAO is
appointed as counsel de officio, except
when a private counsel has formally
entered his appearance.
2. Always check the calendar and scanned
records before the hearing
3. Check the records for possible conflict
of interest.
4. Before start of the hearing, make sure
that the name of the accused is spelled
correctly. If there are errors, ask for a
government issued ID. If the accused
has no ID, still inform the staff and
Fiscal. If may ID, the name will be
corrected. If no ID, the name will be
included as an alias only.
5. Inform the accused of the charges
against him in a language that he will
understand. Ask what can he say about it
if he is guilty or not. Usually, the
accused (mostly detainees) will ask what
will be the penalty. Inform them that
you will inquire from the Court. During
hearing and before the arraignment you
can manifest: "Off the record, Your
Honor may we know what would be the
imposable penalty in case the accused
will plead guilty?" Kapag nabigay na ni
Judge, ask for time to confer with the
accused.
6. Inquire from the accused if he is willing
to settle the case and the settlement
usually involves the payment of money.
If willing, inform the prosecutor so that
she can inquire from her client if the
complainant is also willing.
7. If both parties are willing but cannot
finalize the terms of settlement, you can
move for the resetting of the
pre-con/pre-trial. If may payment of
money, accused can probably give an
estimate kung magkano yung kaya
niyang ibigay. “Your Honor, may we be
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given the time regarding the change of
8. In case, there is a need to draft a
compromise agreement, pwedeng ikaw
na gumawa noon lalo na kung kayong
dalawa lang ni fiscal ang magkalaban.
Pag may private, hayaan mo yung
private gumawa.
(a) Move that the the compromise
agreement be approved and for the
dismissal of the case.
(b) Manifest that the terms are
explained and the accused is
amenable.
9. If the accused will plead guilty, explain
the consequences to him and after
pleading guilty, put on record that you
have explained to the accused the
consequences and that he stood by his
plea of guilt. “Your Honor, I would like
to put on record that the consequences
of the plea of guilty of the accused has
been explained to him.”
II. PRELIMINARY CONFERENCE/PRE-
TRIAL
“admitted”
“We deny the offer with respect to …”
10. Stipulations - Marking of Exhibits –
Witnesses
11. Take note of the stipulations by the
prosecutor. When in doubt, deny the
stipulation. Fiscal normally offers for
stipulation the territorial jurisdiction and
the identity of the accused as the same
person charged in the Information.
12. Stipulation regarding testimony of the
witnesses – optional. No need to
stipulate if not sure.
COUNTER-STIPULATION: “With
counter-stipulation that said witness
has no personal knowledge; he is not
present at the incident; and not present
during the arrest of the accused.”
“With respect to the marking, the
documents are mere photocopies.”
13. On the part of the defense, we do not
offer any proposal for stipulation.
Except when there is an attached
counter-affidavit on record, stipulate its
due existence.
14. MARKINGS Check if original or
photocopy. Usually if the evidence is a
motor vehicle and there is an attached
photograph, Fiscal will ask for a
stipulation that the actual motor vehicle
is the same as the one depicted in the
photograph - you can admit the
stipulation but not all the time. (if
Reckless Imprudence: do not admit that
 the photo and actual vehicle are the
same)
15. If there is a photograph of an object
evidence like a bladed weapon, compare
it with the actual object. If malabo ang
picture, do not stipulate.
16. FOR THE DEFENSE, we normally do
not have any exhibits to be marked. At
most, you will mark the counter-
affidavit and its attachments. So the
marking for defense will be numbers.
Optional yung submarking lalo na kung
under the same document naman like
2nd page, so on.
17. Regardless if you have exhibits or not,
make a general reservation for the
submission and marking of docs during
the course of trial.
18. WITNESSES - accused himself/herself.
Also reserve at least two to three
witnesses.
19. GENERAL RESERVATION is allowed
???
20. Usually, it is at the stage that the
settlement will push through. So if
matuloy yung settlement and there is a
compromise agreement, ask the
complainant and accused to sign and
give them their receiving copy.
21. Usually if the agreement is to pay the
complainant in installments, the
dismissal will be provisional. If the
accused will pay in full, confirm with
fiscal if permanent na ang dismissal.
22. In both cases, the complainant will
execute an affidavit of desistance. If
provisional, required si accused to be
present in court so that he can sign the
desistance as well. If permanent, he can
Vidcon only.
23. Make the necessary manifestation kapag
nagstart na ang hearing.
24. Take note, if the crime is not
mediatable, the agreement between the
parties is off the record.
25. Dismissed - release cashbond (to the
bondsperson or to the complainant if the
cashbond is part of the settlement).
III. TRIAL
26. Direct - Cross - Redirect – Recross
27. Always inform the client to wait for the
translation of the question before he/she
answers.
28. There are cases wherein the settlement
will still push through during trial stage.
So pag ganon, refer to the previous
instructions on settlement (nos. 22-25)
29. Two (2) absence rule – provisional
dismissal/warrant of arrest
2
30. If there is a judicial affidavit on record,
and the counsel wants to propound
additional questions, OBJECT KA.
31. Despite continuous trial rule, judge will
not require the presentation of all
witnesses available during the hearing.
You can ask for another setting for the
presentation of witnesses.
32. Formal Offer of Evidence (FOE) by
Prosec - double check if may photocopy,
if meron – OBJECT. Make the usual
objections: (1) self serving (sworn
statement), (2) lack of proper
authentication and identification
(photocopy). Usually, written ang FOE
ni fiscal unless konti exhibits.
33. DEMURRER - file a demurrer only if
sure na sure kang madidismiss. Don't
forget to ask for leave of court. So after
marule ni judge yung FOE especially if
orally made yung FOE, manifest ka na
agad ng "Your Honor we intend to file
a Motion to Dismiss by way of
Demurrer to Evidence. May we ask for
leave of court to file the same?" If
denied ang leave of court, wag na i-push
ang demurrer.
34. DEFENSE - counter-affidavit or JA. If
may counter and no other questions or
things to clarify, no need to execute JA.
Pag counter lang, have the accused
identify it. If during hearing marealize
mo na may questions ka pa, after
identification ng counter, request from
the court n magpropound ka ng
additional questions.
35. Not in the case of JA - dapat nandun na
lahat. You can include manifestations in
the JA that the accused identified a
document which is already attached on
record and previously marked para
manifest mo na lang sa court yun. If it is
a document not previously marked, have
the identify it in open court.
36. Before proceeding with the presentation
of your witness, do not forget to make
an offer of testimony.
37. Usual offer: "You Honor we are
formally offering the testimony of the
witness (state name of the witness) to
belie and refute the allegations
contained in the Criminal Information,
to identify documents relative to this
and to prove other matters relevant to
the case. May I proceed, your Honor"?
38. Naging practice ko na kapag may JA,
the offer is already included sa JA. If
that is the case, instead of orally stating
the offer, manifest na lang na: "Your
Honor, the offer of testimony is
already incorporated in the Judicial
 Affidavit and we are likewise adopting
the same."
39. In cases where there are many accused,
court will require the counsel to present
at least 2 witnesses per hearing. Same
goes with the prosecution.
40. FOE of Defense - oral yan unless
madami. So if oral, start your
manifestation with “Your Honor the
defense is offering the following
exhibits...”
IV. PROMULGATION
41. Again, remind the accused to be present
in court during promulgation. If absent
tapos super justifiable ang reason, move
for the resetting of the promulgation.
42. Reading of the dispositive portion of the
Decision only.
a. If Convicted and Bonded,
manifest: "Your Honor, may
we be given 15 days to file the
necessary pleading? Also, Your
Honor, pending the filing of
the necessary pleading, may
the accused be released under
the same bond?"
b. If Acquitted - move for the
release of the cashbond in favor
of the bondsperson. If there are
other documents belonging to
accused and the original is
attached on record, you can
likewise move for its release.
c. If Convicted + not a detainee +
not bonded - same with letter (a)
but change the latter part to
motion to allow the accused to
post a reduced hail. There are
some cases na hindi na
nirerequire ni judge na magbail
especially if magprobation
naman si accused.
d. If Convicted (detainee) - "Your
Honor, may we be given time
to file the necessary pleading?”
*Always ask for release of
cashbond UNLESS applied for
probation or appeal
*Cashbond forfeited – ongoing
case, magkakawarrant pag hindi
dumating BUT pwede ipalift
ang warrant and ipareinstate and
bail if there is meritorious
ground for absence at the
hearing
43. Explain to the accused his possible
remedies: APPEAL or PROBATION.
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Explain the effects of appealing and the
possible consequences either remedy.
V. OTHER MATTERS
44. Before the scheduled hearing and even
before your appointment as counsel de
officio, the accused will try to contact
you or meet you at the office and present
to you an order requiring them to submit
counter- affidavit. No need to submit.
Just inform them to be present on the
scheduled hearing.
45. For clients (accused) that will post bail:
Before making the application for bail or
application for bail with Motion for
Reduction, let the relative of the accused
complete the requirements first.
46. If the reduction of bail will be based on
SC Circular 38-2020, inform the relative
that in order to avail of the same,
accused needs t be arraigned first. So
during hearing, after the arraignment,
you can immediately request for the
court to allow the accused to post bail in
a reduced amount based on SC Circular
38-2020.
47. Para i-grant agad, submit to the Court a
soft copy of the accused' Affidavit of
Indigency with attached Certificate of
Indigency.
48. For Nos. 46-47, yan e kung si relative ay
magpunta before the arraignment ng
accused. If after, you need to file an
Application for Bail with Motion for
Reduction thereof tapos isa sa
attachment dun yung Affidavit and
Certificate of Indigency. The Affidavit
should be signed by the accused himself.
49. For Motion to Release Motor Vehicle,
normally it is the employer of the
accused who will request for a motion.
Subject to requirements sila. If they ask
for such motion despite the pendency of
the case, inform them immediately that
the prosecutor will not allow the release
considering that the same is usually filed
before the OCP.
50. If bonded ang clients, ask for their
number even before the hearing begins.
51. If the accused will plead guilty, never
forget to put on record that you have
explained the consequences to the
accused. “Your Honor, I would like to
put on record that the consequences of
the plea of guilty of the accused has
been explained to him.”
52. Check if the accused has other pending
cases before the RTC
53. For cases involving Violation of City
Ordinances, advice the accused to just
pay the administrative penalty or render
 community service. If on the scheduled
hearing, dun pa lang babayaran, you can
ask for the deferment of the
arraignment. Pag nabayaran na,
magfifile na lang si complainant ng
motion to withdraw the case tapos hindi
na iseset ulit yung case for hearing.
Motu proprio yung dismissal na.
54. For Violation of PD 1602 cases (Illegal
Gambling), inform the accused to settle
the ordinance violation receipts that was
issued to them to prevent the filing of
another case against them. Further, if the
accused for PD 1602 will plead guilty,
penalty will be a fine of Php 1000.00
- if accused is bonded- need to pay. If
the accused is a detainee, his preventive
imprisonment will be credited. No need
to pay fine anvmore.