SCRIPT FOR LAWYERS

ARRAIGNMENT AND PRE-TRIAL

I. INTRODUCTIONS

JUDGE: Call the case.

COURT STAFF: In today’s calendar, case no. __, Adora vs. Torres (People vs.
Torres if criminal case) with civil/criminal case no. 123-456-
789. The plaintiff/petitioner/private complainant and the
defendant/respondent/accused are both present.

JUDGE: Appearances?

ATTY. RCB: [CIV] Good morning/afternoon, Your Honor. Atty. Rina

Raquel C. Buenavista, appearing for the plaintiff/petitioner.

[CRIM] Good morning/afternoon, Your Honor. Atty. Rina

Raquel C. Buenavista, appearing for the private complainant
as private prosecutor, under the direct control and
supervision of the public prosecutor.

*Opposing counsel [OC]/PAO to make his/her own appearance*

II. ARRAIGNMENT PROPER

JUDGE: Is the private complainant present?

ATTY. RCB: [If present] Yes, Your Honor.

[If not] The private complainant is not present Your Honor
due to _________ but I am armed with an SPA, Your Honor,
for submission to this Honorable Court.

JUDGE: Ready for arraignment?

OC/PAO: Yes, Your Honor. I have already explained to the accused the
nature and consequences of the charges against her and we
therefore request the waiver of the reading of the
information.

COURT STAFF: Accused, do you plead guilty or not guilty?

ACCUSED: Not guilty.

COURT STAFF: The accused entered a plea of not guilty, Your Honor.

*The judge will issue an Order regarding the plea of the accused and the
arraignment proceedings*

III. PRE-TRIAL/PRELIMINARY CONFERENCE PROPER

JUDGE: Ready for pre-trial?

ATTY. RCB: Ready, Your Honor.

OC/PAO: Ready, Your Honor.

[FOR CIVIL CASES]

JUDGE: Stipulation of facts?

ATTY. RCB: Your Honor, we propose to stipulate the following facts:

First, …
Second, …
Third, …
That would be all for the plaintiff/petitioner, Your Honor.

*OC/PAO will make their own stipulations*

JUDGE: Issues?

ATTY. RCB: For the plaintiff/petitioner, Your Honor, we propose to

stipulate the following issues:

First, whether…
Second, whether…

That would be all for the plaintiff/petitioner, Your Honor.

*OC/PAO will be asked whether they will be joining the issues*

JUDGE: Let’s proceed to the marking of documentary exhibits.

ATTY. RCB: Your Honor, we are marking the following documents as

our exhibits:

First, … to be marked as our Exhibit “A”.

We have the originals for comparison, Your Honor.

Second,… to be marked as our Exhibit “B”.

We likewise have the originals for comparison, Your Honor.

[IN CASE OF RESERVATION] Your Honor, we would like

to reserve the following documents:

First, we are reserving … to prove …

Second, we are also reserving… to prove…

That would be all for the plaintiff/petitioner.

*OC/PAO will mark their own exhibits*

[FOR CRIMINAL CASES]

JUDGE: [CRIM] Okay, stipulations. The identity of the accused and

the jurisdiction of this Court over the subject matter, do you
stipulate, Atty. RCB and OC/PAO?
 ATTY. RCB: Yes, Your Honor.1

OC/PAO: Yes, Your Honor.

JUDGE: Additional stipulations, Atty. RCB?

ATTY. RCB: Yes, Your Honor. We are proposing to stipulate the

following facts:

First, …
Second, …
Third, …

That would be all for the private complainant, Your Honor.

*OC/PAO makes his/her own stipulations*

JUDGE: Stipulation of issues, whether the accused is criminally liable

for the crime charged and whether the accused is liable for
damages, do you stipulate?

ATTY. RCB: Yes, Your Honor.2

OC/PAO: Yes, Your Honor.

ATTY. RCB: Your Honor, we are marking the following documents as

our exhibits:

First, … to be marked as our Exhibit “A”.

We have the originals for comparison, Your Honor.

Second,… to be marked as our Exhibit “B”.

We likewise have the originals for comparison, Your Honor.

[IN CASE OF RESERVATION3] Your Honor, we would like

to reserve the following documents:

First, we are reserving … to prove …

Second, we are also reserving… to prove…

That would be all for the plaintiff/petitioner.

*OC/PAO will mark their own exhibits*

JUDGE: Witnesses?

ATTY. RCB: Your Honor, we will be presenting the following witnesses:

First, (name)
1
Sometimes the judge will not suggest those two stipulations, so you have to stipulate them when asked
for the stipulation of facts.
2
Sometimes the judge will not suggest those two stipulations, so you have to stipulate them when asked
for the stipulation of issues.
3
Make sure that you know the nature and the purpose of the document to be reserved, since this is the
requirement under the Rules of Court.
 Second, (name)
Third, (name)

We would also like to reserve one (1)/two (2) witnesses to

prove…

*OC/PAO will state the names of their witnesses*

JUDGE: Is the private complainant open for settlement through

mediation?

ATTY. RCB: Yes/No, Your Honor.

JUDGE: Does your SPA give you authority to enter into settlements?
ATTY. RCB: Yes, Your Honor.

JUDGE: Okay, proceed to the Philippine Mediation Center (date and

time).

*Judge will schedule the mediation and issue an Order for today’s hearing, and
set a date for the next scheduled hearing either for continuation of pre-trial or
presentation of witness*

END