DUTY OF THE JUDGE BEFORE

PRE-TRIAL CONFERENCE

- Study the allegations of the information, the

statements in the affidavits of witnesses
and other documentary evidence

1 I. B. 4
 What the Court Should Do When Prosecution and
Offended Party Agree to the Plea Offered by the
Accused

a. Issue an order which contains the plea-bargaining

arrived at;
b. Proceed to receive evidence on the civil aspect of the
case; and
c. Render and promulgate judgment of conviction,
including the civil liability or damages duly established by
the evidence

EXC: Violations of the Comprehensive Dangerous

Drugs Act of 2002
2 I. B. 5
 What the Court Should Do When Plea
Bargaining fails

a. Adopt the minutes of preliminary conference as part of

the pre-trial proceedings;
b. Scrutinize every allegation of the information and the
statements in the affidavits and other documents;
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere
to the flow chart determined by the court;

3 I. B. 6
 What the Court Should Do When Plea
Bargaining fails

e. Require the parties to submit to the Branch COC the names,

addresses and contact numbers of witnesses that need to be
summoned by subpoena; and

f. Consider modification of order of trial.

4 I. B. 6
 Role of the Judge During 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.

5 I.B.7
 Pre-Trial Agreement

Requirements :
 Reduced in writing;
 Signed by the accused and counsel;
 With approval of court if agreements cover

matters in Sec. 1, Rule 118 .

Effect:
If the requisites are not followed – admissions shall be
inadmissible as evidence

6 I.B.8
 Proceedings During Pre-Trial

a. Recorded;

b. The transcripts prepared; and

c. The minutes signed by the parties or their counsels.

7 I.B.9
 Pre-Trial Order

a. Be issued by the trial judge;

b. Be issued within 10 days after the termination of

the pre-trial; and

8 I.B.10
 Pre-Trial Order

c. Contain the following:

– Actions taken
– Facts stipulated
– Evidence marked
– Admissions made
– Number of witnesses to be presented; and
– Schedule of trial

I.B.10
9