P

Pre-trial in Criminal Cases

Pre-trial in criminal cases is a mandatory proceeding conducted before the trial itself. Its primary objective is to simplify and expedite the case, or potentially resolve it early.

Commencement and Timing

• Pre-trial in criminal cases is ordered by the court, not initiated by a motion from the parties.
• It is set after arraignment.
• The court shall order the pre-trial within thirty (30) days from the date it acquires jurisdiction over the person of the accused.
• For a detained accused, the arraignment and pre-trial must be set within ten (10) calendar days from the court's receipt of the case.
• For a non-detained accused, it must be set within thirty (30) calendar days from the date the court acquires jurisdiction (by arrest or voluntary surrender).
• Under the Revised Guidelines for Continuous Trial, arraignment and pre-trial can be set on the same day.

Mandatory Coverage

Pre-trial is mandatory in criminal cases cognizable by the following courts:

• Sandiganbayan.
• Regional Trial Court (RTC).
• Metropolitan Trial Court (MeTC).
• Municipal Trial Court in Cities (MTCC).
• Municipal Trial Court (MTC).
• Municipal Circuit Trial Court (MCTC).
• It is also mandatory in both civil and criminal cases under the Rule on Summary Procedure.

Matters Considered

During the pre-trial conference, the court considers the following:

• Plea bargaining.
• Stipulation of facts.
• Marking for identification of evidence of the parties.
• Waiver of objections to admissibility of evidence.
• Modification of the order of trial if the accused admits the charge but interposes a lawful defense.
• Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Conduct of Pre-trial

• The judge is the one who asks questions on the issues raised.
• All questions and comments by counsel or parties must be directed to the judge to avoid hostilities.
• All proceedings during pre-trial shall be recorded, transcripts prepared, and minutes signed by the parties and/or their counsels.

Pre-trial Agreements and Admissions

• Agreements or admissions made during the pre-trial conference shall be reduced in writing and signed by both the accused and counsel.
• Otherwise, these agreements or admissions cannot be used against the accused.
• Agreements covering the matters considered in pre-trial (like plea bargaining, stipulations) must be approved by the court.
• The signatures of the accused and counsel on the Pre-Trial Order or Minutes of the Pre-Trial Conference embodying admissions are sufficient.

Sanctions for Non-Appearance

• If the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse, the court may impose proper sanctions or penalties.
• Failure of a party to appear has adverse consequences.
• Pre-trial may proceed despite the absence of the accused and/or private complainant, provided they were duly notified and the counsel for the accused and public prosecutor are present.

Pre-trial Order

• Upon termination of the pre-trial, the court issues a pre-trial order within ten (10) calendar days.
• The pre-trial order shall set forth the actions taken, facts stipulated, and evidence marked.
• The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the course of the action during trial. It can be modified by the court before trial to prevent manifest injustice.

Court-Annexed Mediation (CAM)

• After arraignment and pre-trial/preliminary conference, ordinary criminal cases, with certain exceptions, are referred to mandatory Court-Annexed Mediation.
• The period for CAM is a non-extendible thirty (30) calendar days from referral.
• Court proceedings are suspended during mediation.
• Cases not referred to mediation include those subject to the Rule on Summary Procedure.
• Certain cases under the RPC or special laws where liability may be civil in nature (e.g., theft, libel, criminal negligence, intellectual property) can be referred to mediation after arraignment and pre-trial.

Distinction from Civil Pre-trial

Feature	Criminal Cases	Civil Cases
Initiation	Ordered by the court; no motion required	Set when plaintiff moves ex parte; duty of plaintiff to file motion.
Timing	After arraignment and within 30 days from court acquiring jurisdiction over accused	After the last responsive pleading has been served and filed.
Amicable Settlement	Does not include amicable settlement of criminal liability as a purpose (though civil aspect settlement is possible).	Possibility is an important objective.
Agreements/Admissions	Must be in writing and signed by accused and counsel to be used against accused; court approval required.	Not strictly required to be signed by both parties/counsel in the Rules of Court, but A.M. requires signature on minutes; Admissions in pre-trial order are binding.
Sanctions for Non-Appearance	Imposed upon counsel for accused or prosecutor.	Imposed upon plaintiff and defendant.
Pre-trial Brief	Not specifically required.	Specifically required.