PRE-TRIAL

Introduction to Legal Profession

Rules of Court on Pre-Trial cases are predicated on SECTION 5 (5) OF ARTICLE VIII OF THE 1987 CONSTITUTION; Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

Definition, Nature and Purpose of PRE-TRIAL

is a procedural device that is indispensable in a proceeding, civil or criminal and is designed to limit the issues to be proved at the trial (Abubakar vs. Abubakar, 317 SCRA 264) it involves conferences between lawyers representing parties in a lawsuit and a trial court judge to prepare for the next hearing by simplifying the issues, submission of cases for arbitration or a potential amicable settlement between the parties.; simply put, it allows for the parties to set the agenda for the trial (SC Justice Josue N. Bellosillo, Effective Pre-Trial Technique, 2d. ed.) is the answer to the the clarion call for the speedy disposition of cases. (Tiu vs. Middleton, 310 SCRA 580) gives flesh and blood to the Constitutions desideratum of speedy and inexpensive litigation. (Andres vs. Cacdac, L45650, March 29, 1982) is meant to serve as a device to clarify and narrow down the basic issues between the parties, to ascertain the facts relative to those issues and to enable the parties to obtain the fullest possible knowledge of the issues and facts before trials and thus prevent
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said trial from being carried on in the dark. (Tinio vs. Manzano, 307 SCRA 460) it was discretionary under the 1940 Rules of Court but since 1964, pre-trial is mandatory in both hearings of civil and criminal cases in the country, under Rule 18 of the 1997 Rules of Court

A. Pre-Trial in Civil Cases (Rule 18 of the 1997 Rules on Civil Procedure)

When Pre-Trial Is Called and Conducted Under the present rules, plaintiff must move ex parte (meaning, not a litigated motion) for the case to be set for pre-trial. Motion must be filed promptly, i.e. within 5 days after the last pleading joining the issues has been filed and served, thus, where the last pleading has not yet been filed, the case is not yet ready for pre-trial. The last pleading need not be literally construed as the actual filing of the last pleading; the expiration of the period for filing the last pleading is sufficient. By virtue of a Supreme Court circular, the court now, may motu propio set the case for Pre-Trial; hence, the court may on its own initiative or at Plaintiffs motion set the case for pre-trial

What the Court Shall Consider During Pre-Trial Conference 1. possibility of an amicable settlement or of a submission to alternative modes of dispute resolution; 2. simplification of the issues; 3. necessity or desirability of amendments to the pleadings;
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4. possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof; 5. limitation of the number of witnesses; 6. advisability of a preliminary reference of issues to a commissioner; 7. propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; 8. advisability or necessity of suspending the proceedings; and 9. such other matters as may aid in the prompt disposition of the action.

Notice of Pre-Trial Notice shall be served on counsel who is charged with the obligation of notifying his client of the date, time and place of the pre-trial conference If the party has no counsel, the notice of pre-trial must be served upon the party

Appearance in the Pre-Trial Conference It shall be the duty of the parties and their counsels to appear at the pre-trial Non-appearance of a party may be excused only if: (a) a valid cause is shown, or (b) a representative shall appear in his behalf fully authorized in writing to enter into the following: 1. an amicable settlement, 2. submission to alternative modes of resolution, and 3. to enter into stipulations or admissions of facts and documents 3

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A special power of attorney is therefore required before entering into an amicable settlement or into a compromise, otherwise, the plaintiff is rendered absent and the defendant may move for the dismissal of the case

Effect of Failure to Appear in the Pre-Trial Conference Failure of the plaintiff to appear shall be cause for dismissal of the action with prejudice (meaning, it is deemed adjudication on the merits) except when the court orders otherwise Failure of the defendant to appear shall be cause to allow the plaintiff to present his evidence ex parte and for the court to render judgment on the basis of the evidence presented by the plaintiff.

Filing of Pre-Trial Briefs The parties shall file with the court their respective pre-trial briefs which should be received at least three (3) days before the date of the pre-trial and served on the adverse party The pre-trial brief shall contain, among others: a. statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof; b. summary of admitted facts and proposed stipulation of facts; c. issues to be tried or resolved; d. documents or exhibits to be presented, stating the purpose thereof; e. manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners; and 4

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f. number

and

names

of

the

witnesses,

and

the

substance of their respective testimonies.

Effect of Failure to File a Pre-Trial Brief Same effect as failure to appear at the pre-trial, hence: 1. if it is the plaintiff who fails to file a pre-trial brief, the action will be dismissed; 2. if it is the defendant who fails to file a pre-trial brief, the plaintiff will be allowed to present his evidence ex parte

Record of Pre-Trial Proceedings in the the pre-trial shall be recorded The court is mandated to issue an order after the pre-trial The order must contain: 1. action taken, 2. amendments allowed, 3. agreements and admissions made, 4. definitions and limitations of issues to be tried ,in case the action should go to trial contents of the order shall govern the subsequent course of the action, unless the same is modified; modification must be made before trial to prevent manifest injustice

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B. Pre-Trial in Criminal Cases (Rule 118 of the Revised Rules of Criminal Procedure)

Pre-Trial in Criminal Cases Is Now Mandatory

The Speedy Trial Act of 1998 mandates pre-trial in criminal cases as implemented by Circular No. 38-98. Under Sec. 1 of Rule 118 of the Revised Rules of Criminal Procedure, Pre-trial; mandatory in criminal cases. In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following: (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 other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Plea Bargaining Is the process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. 6

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It usually involves the defendants pleading guilty to a lesser offense or to only one of some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge Disposition of charges after plea bargaining is an essential and desirable part of the process for the following reasons: 1. It leads to prompt and largely final disposition of most criminal cases; 2. It avoids much of the corrosive impact of enforced idleness during pre-trial confinement for those denied release pending trial; 3. It protects the public from those accused persons who are prone to continue criminal conduct even while on pre-trial release; and 4. It enhances whatever may be the rehabilitative prospects of the guilty when they are ultimately imprisoned, by shortening the time between the charge and the disposition

Is to be encouraged, otherwise, if every criminal charge were subjected to a full-scale trial, the government would need to multiply by many times the number of judges and court facilities (CA Justice Oscar M. Herrera, Revised Rules Of Criminal Procedure, c. 2001) Some illustrations of plea bargaining: 1. for the accused to change his pleas to a lesser or different offense in return for the dismissal of other count/s with or without credit, for the plea of guilty as a mitigating circumstance 2. for the accused to change his plea of not guilty to that of guilty to one or some of the counts of a multi-count indictment in return for the dismissal of other count/s with or without credit for the plea of mitigating circumstance

plea bargaining is not allowed under the Dangerous Drugs Act where the imposable penalty for the offense charged is reclusion perpetua

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Stipulation of Facts Must be signed by the accused and by his counsel, otherwise it is inadmissible as evidence against the accused. In such a case, the prosecution must prove the offense as if there was no stipulation; the signature of the accused is required in order to further safeguard his rights against improvident or unauthorized agreement or admission which his counsel may have entered into without his knowledge. is recognized as a declaration constituting judicial admission binding upon the parties if signed by the parties in a criminal case is allowed and recognized not only during pre-trial but also during trial proper in further pursuit of the objective of expediting trial

Pre-Trial Agreements Must Be Signed All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused.

Effect of Failure To Appear At Pre-Trial Conference If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.

Pre-Trial Order the court issues an order reciting the actions taken, the facts stipulated, and evidence marked during the pre-trial conference trial on the merits will proceed on matters not disposed of during the pre-trial

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if the accused believes that the pre-trial order contained mistakes or matters which were not taken up during the pre-trial, he must move to correct the mistake or modify the pre-trial order otherwise he will be deemed to have waived and be barred from questioning the same later

Distinctions between Pre-Trial on CRIMINAL CASE and CIVIL CASE

1. Primordial purpose of pre-trial in civil cases is for amicable settlement; whereas, in criminal cases, is for plea bargaining. (Sandiganbayan Justice Ma. Cristina J. Cornejo) 2. In a criminal case, pre-trial is ordered by the court and no motion is required from either party to call a pre-trial. In a civil case, it is the duty of the plaintiff to promptly move ex parte that the case be set for pre-trial. 3. In a criminal case, pre-trial is ordered by the court after arraignment and within (30) days from the date the court acquires jurisdiction over the person of the accused. In a civil case, pretrial is set after the motion of the plaintiff which motion is filed after the last pleading has been served and filed. 4. In a criminal case, pre-trial does not consider the possibility of a compromise. A compromise is not one of those enumerated purposes under Sec. 1 of Rule 118. Whereas, in a civil case, the possibility of an amicable settlement is an important objective. 5. In a criminal case, all agreements or admissions made or entered during pre-trial conference shall be reduced in writing and signed by the accused and counsel; otherwise, they cannot be used against the accused. In a civil case, the agreements and admissions made are not required to be signed by the parties and their counsels. They are contained in the pre-trial order.

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References: Books: Bernas, Joaquin J. Constitutional Structure and Powers of Governement. 2005 Edition, Rex Bookstore, Manila, Philippines 2005 Villareal. Introduction to Legal Profession. Rex Bookstore, Manila, Philippines

Websites: Accessed @ http://www.chanrobles.com/revisedrulesofcriminalprocedure.htm #RULE%20118 11 September 2011 Accessed @ http://www.lawphil.net/courts/rules/rc_171_civil.html11 September 201111 September 2011 Accessed @ http://www.chanrobles.com/supremecourtcircular189.htm, 11 September 2011 Accessed @ http://www.chanrobles.com/legal3speedytrial.htm, 11 September 2011

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