RULE 118

Pre-Trial
 To consider the following:
a. Plea bargaining
b. Stipulation of facts
c. Marking for the identification of evidence of the parties
d. Waiver of objections to the admissibility of evidence
e. Modification of the order of trial if the accused admits
the charge but interpose a lawful defense.
f. Such matters will promote a fair and expeditious trial of
PRE-TRIAL the criminal and civil aspects of the case.

Rights (Sections 2,3 and 4)

 Purpose of Pre-trial

To simplify the issues in criminal cases. The parties will come up

with admissions and stipulations as to matters and evidence to be
heard, and to take all other steps necessary to aid in the disposition of
the case.
Considerations during Pre-Trial

Section 1. Pre-trial; mandatory in criminal cases. xxx

(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 matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case. (Sec.2 and 3.)
When shall pre-trial conference be held?

- Within thirty (30) days after the arraignment.

 Section 2. Pre-trial Agreement

- All proceedings during the pre-trial shall be recorded, transcripts

prepared and the minutes signed by the parties and their counsels.
This includes agreements, admissions, or stipulations.
- A binding pre-trial agreement must: (1) in writing and (2) signed
by both accused and their counsel.
Duties of the Court during Pre-trial

- Adopt the minutes of the preliminary conference as part of the pre-

trial proceedings;
- Scrutinize every allegation of the information, affidavits, and other
documents which form part of the PI, inter alia;
- Define factual and legal basis;
- Ask parties to agree on specific date of trial;
- Require parties to submit names, addresses, and contact numbers of
witnesses that need to be subpoenaed;
- Consider modification of the order of trial if the accused admits the
charge but interposes a lawful defense.
Discovery

- A deposition, in keeping with its nature as a mode of discovery,

should be taken before and not during trial. The person must
move for the taking of the deposition of his witnesses within the
timeframe provided for filing a pre-trial motion.
Motion of Suppress

- An accused may file a motion to suppress evidence during

pre-trial. In order to prevent forum shopping, a motion to
quash (search warrant) is governed by the omnibus motion
rule.
- Motion to suppress is a remedy available when evidence
obtained is in violation to relevant laws and rules of criminal
procedure (e.g. Rule 126, RA 9995, RA 4200)
Judicial Dispute Resolution (JDR)

- All civil cases and civil liability of criminal cases covered under
Rules of Summary Procedure
- Special proceedings for the settlement of estates
- All civil and criminal cases filed with a certificate to file action
issued by the Punong Barangay in accordance with Katarungang
Pambarangay
- Civil aspect of quasi-offenses under Title 14 of RPC
 Judicial Dispute Resolution (JDR)

- Civil aspect of less grave felonies where the offended party is a private person
- Civil aspect of estafa, theft, and libel
- All civil cases and probate proceedings, testate, and interstate
- All cases of forcible entry and unlawful detainer
- All civil cases involving title to or possession of real property or an interest
therein
- All habeas corpus cases decided by the first level courts in the absence of the
RTC judge
Section 3: Non-appearance at Pre-Trial
Conference
- Prosecutor and the counsel of the defense are required to
attend the Conference
- Pre-trial shall proceed despite the absence of the private
complainant or the accused. However, when presence of the
accused is directed by the Court, his absence will cause the
forfeiture of his bond.
Affidavit of Desistance
- Is not a ground for the dismissal of an action once it is already
instituted in court
- As a rule, recantation or affidavit of desistance is viewed with
suspicion and reservation
- Jurisprudence invariably regarded such as unreliable because it
can be easily secured through intimidation or monetary
consideration
Offer of Compromise
- Offer of compromise by the accused may be received in
evidence as an implied admission of guilt
- Example of cases allowed to be compromised is Section 204(b)
of the NIRC, except those already filed in court and those
involving tax fraud
- Plea for forgiveness may be considered analogous to an attempt
to compromise, however, the timing of the offer can also be
considered
Section 4. Pre-Trial Order
- A Pre-Trial Order shall be immediately be served upon parties
on the same day that pre-trial is terminated
- Such order shall bind the parties, limit the trial to matters not
disposed of, and control the course of action during the trial,
unless if modified by the court to prevent manifest injustice