Pre-Trial Conference Script for BP 22 Case
Judge: (addressing both parties) Good morning. We are here today for the pre-trial
conference in Criminal Case No. 144, People of the Philippines vs. Juan Dela Cruz,
for violation of BP 22. Will the prosecution and defense counsel please state their
appearances?
Prosecutor: Good morning, Your Honor. [Prosecutor's Name], for the People of the
Philippines.
Defense Counsel: Good morning, Your Honor. [Defense Counsel's Name], for the
accused, Juan Dela Cruz.
Judge: Thank you. Before we proceed, let’s confirm the nature of this case. The
accused, Juan Dela Cruz, is charged with a violation of BP 22 for issuing a check
without sufficient funds. The check amount in question is Php 50,000. This
conference will help narrow the issues and determine if any stipulations or admissions
can be made.
Judge: (to the prosecution) Prosecution, do you have any proposed stipulations or
admissions?
Prosecutor: Yes, Your Honor. The prosecution would like to stipulate the following
facts:
1. The identity of the accused, Juan Dela Cruz.
2. That the accused issued Check No. 123456 to the complainant, Joan M. Cabacungan, on June
15, 2023, for Php 50,000.
3. That the check was deposited and subsequently dishonored due to "Insufficient Funds" on
June 20, 2023.
4. That a demand letter was sent to the accused on June 22, 2023, and was received by him on
June 23, 2023.
Judge: (to the defense counsel) Defense, do you admit or deny these facts?
Defense Counsel: Your Honor, we admit the identity of the accused, the issuance of
the check, and its dishonor. However, we contest the element of knowledge of
insufficient funds at the time the check was issued.
Judge: Noted. The remaining issues then appear to be whether the accused knowingly
issued the check without sufficient funds and whether the prosecution can establish
criminal intent. Are there any additional issues that need clarification?
Prosecutor: None from the prosecution, Your Honor.
Defense Counsel: None from the defense, Your Honor.
Judge: Very well. Now, let’s discuss any evidence that may be presented.
Evidence Presentation
Judge: (to the prosecution) What evidence does the prosecution intend to present?
Prosecutor: Your Honor, we intend to present:
1. The dishonored check (Check No. 123456).
2. The dishonor slip from the bank as proof of insufficient funds.
3. The demand letter dated June 22, 2023, and acknowledgment receipt signed by the accused.
Judge: (to the defense) Does the defense have any objections to the prosecution’s
evidence?
Defense Counsel: No objections, Your Honor.
Judge: Defense, what evidence do you plan to present?
Defense Counsel: Your Honor, the defense plans to present testimony from the
accused, Juan Dela Cruz, to explain his lack of knowledge regarding the insufficient
funds at the time of issuance.
Trial Schedule and Witnesses
Judge: Let’s now set a trial schedule. We will hear the testimonies of both parties.
Prosecution, will you be calling any witnesses?
Prosecutor: Yes, Your Honor. We will call the complainant, Joan M. Cabacungan, as
our sole witness.
Judge: Defense, any witnesses aside from the accused?
Defense Counsel: None, Your Honor.
Judge: Then the trial dates are set as follows:
Prosecution's Witness Testimony: [Specify Date]
Defense's Testimony: [Specify Date]
Closing Statements and Trial Conclusion
Judge: To both parties, I encourage you to consider settlement discussions before the
trial if possible. Otherwise, we will proceed on the scheduled dates.
Judge: This pre-trial conference is concluded. Court is adjourned until the trial dates.
Thank you, everyone.
