Group 5 Pre Trial Evidence

GROUP 5

A.M. No. 03-1-09-SC

GUIDELINES TO BE OBSERVED
BY TRIAL COURT JUDGES AND
CLERKS OF COURT IN THE
CONDUCT OF PRE-TRIAL AND
USE OF DEPOSITION-
DISCOVERY MEASURES

MEET THE TEAM
MARLON CABARLES KIM AIRO GONZALES RESCIEN NANGLEGAN MARILOU PALACTAO
KRISTINE DIMABUYU GIEMELYN FEDERE EULER KYLE DE GUZMAN

A.CIVIL CASES
PRE-TRIAL
1.Within one day from the receipt of the complaint;
2.The parties shall submit, at least three (3) days before the pre-trial, pre-trial briefs
containing the following:
a.Willingness to enter into an amicable settlement
b. summary of admitted facts and proposed stipulation of facts;
c.Issues to be 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 commissioner;
f. number and names of the witnesses, the substance of their

testimonies, and the approximate number of hours that will be required
by the parties for the presentation of their respective witnesses
3. The judge shall immediately refer the parties and/or their counsel, if
authorized by their clients, to the PMC mediation unit for purposes of
mediation if available, at the start of the pre-trial conference. If
mediation fails, the pre-trial conference will be scheduled by the judge.
4. Before continuing the pre-trial, the judge must review all of the case's pleadings and
determine the issues and parties' respective positions. The judge should not allow pre-
trial to be terminated simply because the parties have demonstrated that they are unable
to settle the case.
5. If all efforts to settle failed, the judge must:

a.Adopt the minutes of preliminary conference
b.Inquire if there are cases arising out of the same facts pending before other courts
c. Inquire if the pleadings are in order
d. Inquire if interlocutory issues are involved and resolve the same
e. Consider the adding or dropping of parties
f. Scrutinize every single allegation of the complaint, answer and other pleadings and
attachments thereto and the contents of documents and all other evidence
g. Define and simplify the factual and legal issues arising from the pleadings
h. Determine the propriety of rendering a summary judgment
i. Ask parties to agree on the specific trial dates for continuous trial
j. Determine the most important witnesses to be heard and limit the number of
witnesses
k. order the parties to use the affidavits of witnesses as direct testimonies
l. Require the parties and/or counsel to submit to the Branch COC the names,
addresses and contact numbers of the witnesses
m. Order the delegation of the reception of evidence to the Branch COC
n. Refer the case to a trial by commissioner
6. Trial Judge shall schedule the pre-trial in the afternoon sessions
7. All proceedings during the pre-trial shall be recorded
8. The judge shall issue the required Pre-Trial Order within ten (10) days after the termination
of the pre-trial.
The Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties
and their counsel and with the use of a computer, shall have the same immediately finalized
and printed.
6. Trial Judge shall schedule the pre-trial in the afternoon sessions
7. All proceedings during the pre-trial shall be recorded
8. The judge shall issue the required Pre-Trial Order within ten (10) days after the
termination of the pre-trial.
The Court may opt to dictate the Pre-Trial Order in open court in the presence of
the parties and their counsel and with the use of a computer, shall have the same
immediately finalized and printed.
9. The court shall endeavor to make the parties agree to an equitable compromise
or settlement at any stage of the proceedings before rendition of judgment.
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public
prosecutor to submit the record of the preliminary investigation.
Accused under preventive detention, case shall be raffled and its records
transmitted to the judge to whom the case was raffled.
2. After arraignment, Court shall set the pre-trial conference and issue an order.
ORDER:
a. Require the private offended party to appear for purposes of plea-bargaining
XPN: 1. Violations of the Comprehensive Dangerous Act of 2002
2. Other matters requiring the presence of the offended party

b. Refer the case to the Branch Clerk of Court, if warranted, for a preliminary
conference to be set at least three days prior to the pre-trial to mark the documents
or exhibits presented.
c. Inform the parties that no evidence shall be allowed to be presented and offered
during the trial other than those identified and marked during pre-trial
XPN: When the court allowed evidence to be presented for good cause shown
Sample of Order
MEDIATABLE CASES
- judge shall refer the parties and their counsel to the Philippine Mediation
Center for purposes of mediation
3. During the preliminary conference, the Branch Clerk of Court shall:

a. assist the parties in reaching a settlement of the civil aspect of the case
b. after comparison mark the documents to be presented as exhibits and
copies thereof attached to the records of the case
c. ascertain from the parties the undisputed and due execution of documents
marked as exhibits

SAMPLE OF NOTICE OF PRE-TRIAL CONFERENCE:

The proceedings
during the
preliminary
conference shall
be recorded in the
Minutes of
Preliminary
Conference to be
signed by both
parties and
counsel

DUTY OF THE JUDGE BEFORE PRE-

TRIAL CONFERENCE
Study the allegations of the information, the statements in the affidavits

of witnesses and other documentary evidence
What the Court Should Do When Prosecution and Offended
Party Agree to the Plea Offered by the Accused
a. Issue an order which contains the plea-bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil liability or
damages duly established by the evidence
EXC: Violations of the Comprehensive Dangerous Drugs Act of 2002

What the Court Should Do When Plea Bargaining fails

a.Adopt the minutes of preliminary conference as part of the pre-trial
proceedings;
b.Scrutinize every allegation of the information and the statements in the

affidavits and other documents;
c.Define factual and legal issues;
d.Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court;
What the Court Should Do When Plea
Bargaining fails
e. Require the parties to submit to the Branch COC the names,

addresses and contact numbers of witnesses that need to be
summoned by subpoena; and
f. Consider modification of order of trial.

Role of the Judge During Pre-Trial
The judge shall be the one to ask questions on issues raised

therein and all questions must be directed to him to avoid hostilities
between parties.
Pre-Trial Agreement
Requirements :
Reduced in writing;
Signed by the accused and counsel;
With approval of court if agreements cover matters in Sec. 1, Rule 118 .

Effect:
If the requisites are not followed – admissions shall be inadmissible as
evidence

Proceedings During Pre-Trial
a. Recorded;
b. The transcripts prepared; and
c. The minutes signed by the parties or their counsels.

Pre-Trial Order
a. Be issued by the trial judge;
b. Be issued within 10 days after the termination of the pre-trial; and
c. Contain the following:
–Actions taken
–Facts stipulated
–Evidence marked
–Admissions made
–Number of witnesses to be presented; and
–Schedule of trial
Thank You!

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GROUP 5

A.M. No. 03-1-09-SC

MEET THE TEAM

MARLON CABARLES KIM AIRO GONZALES RESCIEN NANGLEGAN MARILOU PALACTAO

KRISTINE DIMABUYU GIEMELYN FEDERE EULER KYLE DE GUZMAN

f. number and names of the witnesses, the substance of their

5. If all efforts to settle failed, the judge must:

7. All proceedings during the pre-trial shall be recorded

7. All proceedings during the pre-trial shall be recorded

3. During the preliminary conference, the Branch Clerk of Court shall:

SAMPLE OF NOTICE OF PRE-TRIAL CONFERENCE:

DUTY OF THE JUDGE BEFORE PRE-

Study the allegations of the information, the statements in the affidavits

a. Issue an order which contains the plea-bargaining arrived at;

EXC: Violations of the Comprehensive Dangerous Drugs Act of 2002

What the Court Should Do When Plea Bargaining fails

b.Scrutinize every allegation of the information and the statements in the

c.Define factual and legal issues;

e. Require the parties to submit to the Branch COC the names,

f. Consider modification of order of trial.

Role of the Judge During Pre-Trial

The judge shall be the one to ask questions on issues raised

Proceedings During Pre-Trial

b. The transcripts prepared; and

c. The minutes signed by the parties or their counsels.

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