Criminal Procedure and Court Testimony
RULE 118 - Pre-Trial
Section 1. 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.
Section 2. Pre-trial agreement. — 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. The agreements
covering the matters referred to in section 1 of this Rule shall be approved by the court.
Section 3. Non-appearance 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.
Section 4. Pre-trial order. — After the pre-trial conference, the court shall issue an
order reciting the actions taken, the facts stipulated, and evidence marked. Such order
shall bind the parties, limit the trial to matters not disposed of, and control the course
of the action during the trial, unless modified by the court to prevent manifest injustice.
DISCUSSION
Importance or Pre-Trial
Its main objective is to achieve an expeditious resolution of the case. This proceeding is
mandatory in criminal cases and is conducted before trial.
Period of Pre-Trial
General rule: The court shall order a pre-trial conference after arraignment and within
30 days from the date the court acquires jurisdiction over the person of the accused.
Exception: A shorter period may be provided by special laws or SC circulars.
Who must be present during Pre-Trial
The counsel of accused and the prosecutor should be present during pre-trial. The
accused is not required to attend, unless ordered by the court.
The court may impose proper sanctions or penalties, if counsel for the accused or the
prosecutor either does not appear at the pre-trial conference and/or does not offer an
acceptable excuse for his/her lack of cooperation.
Concept of plea bargaining
Plea bargaining has been defined as “a process whereby the accused and the
prosecution work out a mutually satisfactory disposition of the case subject to court
approval.
Plea bargaining usually involves the defendant pleading guilty to a lesser offense or to
one or some of the counts of a multi-count indictment in return for a lighter sentence
than that for the graver charge.
Concept of a Pre-Trial Agreement
A Pre-Trial Agreement should be reduced in writing, signed by the accused and counsel
and with approval of court if agreement cover matters in Sec. 1, Rule 118.
Concept of a Pre-Trial Order
A pre-trial order is issued by the trial judge and shall be issued within 10 days after the
termination of the pre-trial. It shall contain the following:
1. Actions taken
2. Facts stipulated
3. Evidence marked
4. Admissions made
5. Number of witnesses to be presented
6. Schedule of trial
Importance of the Judicial Affidavit Rule in Criminal Actions
The Judicial Affidavit Rule shall apply to all criminal actions:
1. Where the maximum of the imposable penalty does not exceed six years;
2. Where the accused agrees to the use of judicial affidavits, irrespective of the
penalty involved; or
3. With respect to the civil aspect of the actions, whatever the penalties involved are
The prosecution shall submit the judicial affidavits of its witnesses not later than five
days before the pre-trial, serving copies of the same upon the accused. The complainant
or public prosecutor shall attach to the affidavits such documentary or object evidence
as he/she may have, marking them as Exhibits A, B, C, and so on. No further judicial
affidavit, documentary, or object evidence shall be admitted at the trial.
If the accused desires to be heard on his/her defense after receipt of the judicial
affidavits of the prosecution, he/she shall have the option to submit his/her judicial
affidavit as well as those of his/her witnesses to the court within ten (10) days from
receipt of such affidavits and serve a copy of each on the public and private prosecutor,
including his/her documentary and object evidence. These affidavits shall serve as
direct testimonies of the accused and his/her witnesses when they appear before the
court to testify.
