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MODULE 11
THIRTEENTH WEEK

A. Pre-Trial (Rule 118)

1. Purposes of Pre-Trial

2. Courts Where Mandatory

3. When Pre-Trial Shall be Held

4. Absence of Parties in the Pre-Trial

5. Consequence for Non-Appearance at Pre-Trial

6. Duty of the Judge Before Pre-Trial/When Plea

Bargaining is Agreed Upon/When Plea Bargaining
Fails
7. Stipulations in the Pre-Trial under the Revised
Guidelines for Continuous Trial in Criminal Cases

8. Pre-Trial Agreements
Case:
(144) Bayas vs. Sandiganbayan, G.R. Nos.
143689-91, November 12, 2002

9. Pre-Trial Order

10. Referral of Some Cases for Court Annexed

Mediation and Judicial Dispute Resolution (A.C. NO. 7-
A-92-June 21, 1993)
a. Cases subject to mediation on the civil liability
under the Revised Guidelines for Continuous
Trial in Criminal Cases

B. Trial (Rule 119)

1. When it shall commence

2. Hearing days and calendar call

3. Schedule of Trial Dates

4. Instances when presence of accused is required by law

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5. Delays to be Excluded in Computing the Period for

Commencement of the Trial

6. When delay or suspension of trial is justified by reason

of the absence of a witness

7. Continuous Trial (Section 2, Rule 119)

8. Trial Period

9. Order of Trial

10. Prohibited Grounds for Continuance

11. One-Day Examination of Witness Rule

12. Trial in Absentia

Cases:
(145) People vs. Tabag, G.R. No. 116511,
February 12, 1997
(146) Estrada vs. People, G.R. No. 162371,
August 25, 2005

13. Requisites for Discharge of Accused to Become

State Witness
Case:
(147) Quarto vs. Ombudsman Marcelo, G.R. No.
169042, October 5, 2011
Section 12, R.A. 6770
(148) Ampatuan, Jr. vs. Sec. De Lima, G.R. No.
197291, April 3, 2013
Section 10, R.A. 6981

14. Effects of Discharge of an Accused to be a State

Witness

15. Reverse Trial

Cases:
(149) Alejandro vs. Pepito, G.R. No. L-52090,
February 1, 1980
(150) People vs. Marcial, G.R. Nos. 152864-65,
September 27, 2006

16. Offer of Evidence

a. Lack of formal offer of evidence during the trial
b. When formal offer of evidence is not necessary
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17. Memoranda

C. Demurrer to Evidence (Rule 119)

Cases:
(151) Bangayan, Jr. vs. Bangayan, G.R. No. 172777,
October 19, 2011
(152) Bautista vs. Cuneta-Pangilinan, G.R. no.
189754, October 24, 2012
(153) People vs. Judge Lagos, G.R. No. 184658,
March 6, 2013

1. Nature of Demurrer to Evidence

2. Demurrer to Evidence in the Rules of Court/Demurrer

to Evidence by the court

3. Demurrer to Evidence by the Accused with Leave of

Court

4. Demurrer to Evidence by the Accused without Leave

of Court

5. Demurrer to Evidence under the Revised Guidelines

for Continuous Trial of Criminal Cases

6. Review of an Order granting Demurrer

7. Review of an Order denying Demurrer

8. Demurrer to Evidence in a Civil Case vs. Demurrer to

Evidence in a Criminal Case

THIRTEENTH WEEK

A. PRE-TRIAL, TRIAL, DEMURRER TO EVIDENCE (Rules

118-119)

D. Pre-Trial (Rule 118)

Purposes of Pre-Trial-FINALS

(a) Plea bargaining

(b)Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d)Waiver of objections to admissibility of evidence;
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(e) Modification of the order of trial if the accused admits

the charge but interpose a lawful defense; and
(f) Such matters as will promote a fair and expeditious
trial of the criminal and civil aspects of the case.

Courts Where Mandatory

11. Sandiganbayan
12. Regional Trial Courts
13. Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court, Municipal Circuit Trial
Court

When Pre-Trial Shall be Held

-within 30 calendar days from the date the court acquires

jurisdiction (either by arret or voluntary surrender) over a non-
detained person, unless a shorter period is provided by special law
-within 10 calendar days from date of court’s receipt of
the case for a detained accused

Absence of Parties in the Pre-Trial

The court shall proceed with the Pre-Trial despite the absence
of the accused/and or private complainant, provided they were duly
notified of the same, and the counsel for the accused, as well as the
prosecutor are present.

Consequences for Non-Appearance at Pre-Trial

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.

Duty of the Judge Before Pre-Trial

The judge must study the allegations in the information, the

statements in the affidavits of the witnesses and other documents
which form part of the record of the preliminary investigation.

When Plea Bargaining is Agreed Upon

During the pre-trial, the trial judge shall consider plea-
bargaining arrangements. If a plea bargaining is agreed upon, the
court shall:
(a) Issue an order to that effect
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(b)Proceed to receive evidence on the civil aspect of the case;

render and promulgate judgment of conviction, including the
civil liability or damages duly established by the evidence.

Duty of the judge when plea bargaining fails

When plea bargaining fails, the judge shall adopt the minutes of
the preliminary conference as part of the pre-trial proceedings;
confirm the markings of exhibits, admissions genuineness and due
execution of documents; list object and testimonial evidence;
scrutinize every allegation in the information; scrutinize affidavits
and documents forming parts of the records of preliminary
investigation; define factual issues; ask parties to agree on specific
dates for the trial; require the parties to submit the names, addresses
and contact numbers of witnesses to be summoned; and consider
modification of the trial, if the accused amids the charge but
interposes a lawful defense.

Stipulations in the Pre-Trial under the Revised Guidelines for

Continuous Trial in Criminal Cases

Proposals for stipulations shall be done with the active

participation of the court itself and shall not be left alone to the
counsels.
The court shall require the parties to enter into stipulation on
the subject of both direct and cross-examination of witnesses who
have no personal knowledge of the material facts constituting the
crimes, such as forensic chemists, medico-legal officers,
investigators, auditors, accountants, engineers, custodians, expert
witnesses and other similar witnesses, who will testify on the
authenticity, due execution and the contents of public documents and
reports; corroborative witnesses and those who will testify on the
civil liability.

Pre-Trial Agreements
All agreements and admissions made or entered during the pre-
trial conference shall be (a) reduced in writing, and (b) signed by the
accused and counsel. If this is not followed, such admissions cannot
be used against the accused.

All proceedings during the pre-trial shall be recorded, the

transcripts prepared and the minutes signed by the parties and/or
their counsels.

Case: Bayas vs. Sandiganbayan, G.R. Nos. 143689-91,

November 12, 2002
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Pre-Trial Order

Within 10 days after the termination of the pre-trial, the trial

judge shall issue a Pre-Trial Order setting forth the actions taken
during the pre-trial conference, the facts stipulated, the admissions
made, the evidence marked, the number of witnesses to be presented
and the schedule of the trial. Pre-trial Order shall immediately be
served upon the parties and counsel on the same day after the
termination of the pre-trial.

The Pre-Trial Order shall be bind the parties, limit the trial to
matters not disposes of and control the course of the action during
the trial, unless modified by the court to prevent manifest injustice.

Referral of Some Cases for Court Annexed Mediation and

Judicial Dispute Resolution (A.C. NO. 7-A-92-June 21, 1993)

Cases subject to mediation on the civil liability under the Revised

Guidelines for Continuous Trial in Criminal Cases

a) Crimes where payment may prevent criminal prosecution or

may extinguish criminal liability, such as violations of BP 22,
SSS Law, PAGIBIG Law
b) Crimes against property under Title 10 of RPC where
obligation may be civil in nature such as theft under Art. 308
cognizable by first level courts; estafa under Art. 315(1),
except estafa under Art. 315(2) and other forms of swindling
under Art. 316; swindling of a minor under Art. 317; other
deceits under Art. 318 and malicious mischief of Art. 327.
c) Crimes against honor under Title 13 where the liability may
be civil in nature such as libel (Art. 355); threatening to
publish and offer to present such publication for a
compensation under Art. 356; prohibited publication of acts
referred to in the course of official proceedings under Art.
357; grave slander (grave oral defamation) of serious and
insulting nature under Art. 358, par 2; grave slander by
deed of a serious nature under Art. 359), simple slander by
deed not of a serious nature under Art 359(2); incriminating
innocent person under Art. 363 and intriguing against honor
under Art. 364.
d) Libel under R.A. 10175 where liability may be civil in nature;
e) Criminal negligence under Title 14 where the liability is civil
in nature and
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f) Intellectual property rights cases where the liability may be

civil in nature.

N.B. Referral of the case for mediation to the PMC shall be made
after the conduct of arraignment and PT/PC which shall be
terminated within a non-extendible 30 days from date of referral.

Criminal cases subject of RRSP shall not be referred to mediation.

E. Trial (Rule 119)

When it shall commence

-not later than 30 days from termination of pre-trial

conference

Hearing days and calendar call

M to Thurs, 8:30 and 2:00 PM

Friday for motions, arraignment, PT and promulgation of
judgment.

Schedule of Trial Dates

-continuous; trial dates are final and intransferrable

unless in exceptional cases

Instances when presence of accused is required by law

18. At arraignment and plea, whether of innocence or

guilt;
19. During trial, whenever necessary for identification
purposes; and
20. At the promulgation of sentence, unless it is for a
light offense, in which case, the accused may appear
by counsel or representative.

Delays to be Excluded in Computing the Period for

Commencement of the Trial

Examples: physical and mental examination of the

accused; from proceedings with respect to other criminal
charges against the accused; resulting from orders of inhibition
or change of venue; prejudicial question; absence of essential
witness; physical inability of the accused to stand trial; when
joined for trial with a co-accused over whom the court has not
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acquired jurisdiction, continuance granted by the court or on

motion etc.

When delay or suspension of trial is justified by reason of

the absence of a witness

To justify delay, the witness must be an essential witness

means indispensable, necessary or important in the highest
degree.

Absence and unavailability are not synonymous.

An essential witness is absent when his whereabouts are
unknown or his whereabouts cannot be determined by due
diligence.
A witness is unavailable, even if his whereabouts are
known, provided that his presence for the trial cannot be
obtained by due diligence.

Continuous Trial (Section 2, Rule 119)

Trial, once commenced, shall continue from day to day as

far as practicable until terminated but it may be postponed for
a reasonable period of time for good cause. The court shall set
the case for continuous trial on a weekly or other short-term
calendar at the earliest possible time.

Trial Period

In no case shall entire trial period exceed 180 days from

the first day of trial, except as otherwise authorized by the
Supreme Court.

Postponement or continuance; motion for postponement

is prohibited

Under the Rules of Court, a continuance, may, among

others, be granted if continuing the proceeding is impossible or
would result in miscarriage of justice.

A motion for postponement is prohibited, except if it is

based on (a) acts of God, (b) force majeure, or (c) physical
inability of the witness to appear and testify.

Order of Trial
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1. Prosecution first to prove the charge; and to prove the

civil liability in the proper case;
2. Accused may then present his evidence to prove his
defense and the damages he sustained, if any, arising from the
issuance of a provisional remedy in the case;
3. The prosecution may present its rebuttal evidence
unless the court allows it to present additional evidence
hearing on the main issue;
4. The accused may present sur-rebuttal evidence, unless
the court allows him to present additional evidence hearing on
the main case.
5. Upon submission of the evidence of the parties, the
case shall be deemed submitted for decision, unless the court
directs them to argue orally or to submit written memoranda.

Prohibited Grounds for Continuance

-congestion of the court’s calendar, or lack of diligent
preparation; or failure to obtain available witness on the part of
the prosecutor.

One-Day Examination of Witness Rule

Pursuant to Revised Guidelines on Continuous Trial of

Criminal Cases, (9/1/17), every court is required to adhere to
the rule that a witness has to be fully examined in one day.

Trial in Absentia
Case: People vs. Tabag, G.R. No. 116511, February 12,
1997

Case: Estrada vs. People, G.R. No. 162371, August 25,

2005

Requisites for Discharge of Accused to Become State

Witness
1. Two or more accused are jointly charged with the
commission of an offense;
2. The motion for discharge is filed by the prosecution before it
rests its case;
3. The prosecution is required to present evidence and the
sworn statement of each proposed state witness at a hearing in
support of the discharge;
4. The accused gives his consent to be a state witness; and
5. The trial court is satisfied that:
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a) there is absolute necessity for the testimony of the

accused whose discharge is requested;
b) there is no other direct evidence available for the
proper prosecution of the offense committed, except the
testimony of said accused;
c) the testimony of said accused can be substantially
corroborated in its material points;
d) said accused does not appear to be the most
guilty; and
e) said accused has not at any time been convicted of any
offense involving moral turpitude.

Case: Quarto vs. Ombudsman Marcelo, G.R. No. 169042,

October 5, 2011

Section 12, R.A. 6770

Case: Ampatuan, Jr. vs. Sec. De Lima, G.R. No. 197291,
April 3, 2013

Section 10, R.A. 6981

Effects of Discharge of an Accused to be a State Witness

The discharge of the an accused shall amount to an

acquittal and shall be a bar to another prosecution for the same
offense, except if the accused fails or refuses to testify against
his co-accused in accordance with his sworn statement
constituting the basis for his discharge.

Reverse Trial

The order of the trial may be modified when the accused

admits the act or omission charged in the complaint or
information but interposes a lawful defense.

Case: Alejandro vs. Pepito, G.R. No. L-52090, February 1,

1980

Case: People vs. Marcial, G.R. Nos. 152864-65, September

27, 2006

Offer of Evidence
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-oral offer on the same day after the presentation of

his/her last witness and the opposing party is required to
immediately interpose his/her oral comment thereto. The court
shall make a ruling on the offer of evidence in open court.

Lack of formal offer of evidence during the trial

-documents which may have been identified and marked
as exhibits during pre-trial or trial but which were not formally
offered in evidence, cannot in any manner, be treated as
evidence.

When formal offer of evidence is not necessary

The rule that only evidence formally offered before the

trial court can be considered is relaxed where:
1. the evidence was duly identified by testimony duly
recorded;
2. the evidence was incorporated in the records of the
case.

Memoranda

Submission is discretionary on the part of the court,

which shall not exceed 25 pages in length, single-spaced, on
legal size paper, using font 14. Inextendible period and shall
not suspend the running of the period for promulgation.

F. Demurrer to Evidence (Rule 119)

Case: Bangayan, Jr. vs. Bangayan, G.R. No. 172777, October

19, 2011

Bautista vs. Cuneta-Pangilinan, G.R. No. 189754, October 24,

2012

People vs. Judge Lagos, G.R. No. 184658, March 6, 2013

Nature of Demurrer to Evidence

9. May be filed in criminal and civil cases.

10. Is actually a motion to dismiss that is filed by the
accused after the prosecution has rested its case.
11. The ground is insufficiency of evidence.
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12. The grant or denial is left to the sound discretion of

the trial court and its ruling on the matter shall not be
disturbed in the absence of grave abuse of discretion.

Demurrer to Evidence in the Rules of Court/Demurrer to

Evidence by the court

Demurrer to Evidence by the Accused with Leave of Court

Demurrer may be filed with leave or without leave of court.

The motion for leave of court to file a demurrer to evidence
shall specifically state its grounds and shall be within a non-
extendible period of 5 days after the prosecution rests its case. The
prosecution may oppose within a non-extendible period.
If the court grants the leave to file a demurrer to evidence, the
accused shall file the demurrer to evidence within a non-extendible
period of 10 days from notice. Prosecution may oppose within the
same period.
If the court grants the demurrer, the case is dismissed. It
amounts to acquittal.
If the court denies the demurrer to evidence filed with leave of
court the accused may adduce evidence in his defense.
The proper remedy of the accused in case his demurrer is
denied, is to present evidence, then to appeal in case he is convicted.

Demurrer to Evidence by the Accused without Leave of Court

A demurrer to evidence may also be filed by the accused

without leave of court. If the demurrer is granted, the case is
dismissed and the effect is an acquittal.
If the demurrer is denied, the accused waives the right to
present evidence and submits the case for judgment on the basis of
the evidence for the prosecution.

Demurrer to Evidence under the Revised Guidelines for

Continuous Trial of Criminal Cases

After the prosecution has rested its case, the court shall inquire
from the accused if she/she desires to move for leave of court to file a
demurrer to evidence, or to proceed with the presentation of his/her
evidence. Instead of dismissing the action on its own initiative, the
court is now mandated to inquire from the accused if he wants to
present a motion for leave to file a demurrer to evidence. This leaves
to the discretion of the accused whether or not a demurrer shall be
made.
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If accused orally moves for leave of court to file demurrer to

evidence, the court shall orally resolve the same.

If the motion for leave is denied, the court shall issue an order
for the accused to present and terminate his evidence on the dates
previously scheduled and agreed upon and to orally offer and rest
his/her case on the day his last witness is presented.

If despite the denial of the motion for leave, the accused insists
on filing DE, the previously scheduled dates for accused’s evidence
shall be cancelled.

DE shall be filed within a non-extendible period of 10 calendar

days which shall be resolved within a non-extendible period of 30
calendar days from date of the filing of the comment or lapse of the
period to file it.

Review of an Order granting Demurrer-FINALS

-although the grant of a demurrer to evidence amounts to an
acquittal and that the order of dismissal is not subject to appeal, it
may be reviewed through certiorari under Rule 65.

Review of an Order denying Demurrer

-not reviewable by certiorari as a rule but was held to be
available in the case of Macapagal-Arroyo vs. People, G.R. No.
220598, 7/19/16 and 4/18/17.

Demurrer to Evidence in a Civil Case vs. Demurrer to Evidence

in a Criminal Case

1. Civil-anchored upon the failure of the plaintiff to show that,

upon the facts and the law, he is entitled to relief.
Criminal-insufficiency of evidence.
2. Civil-no prior leave of court.
Criminal-with or without leave
3. Civil-when denied, defendant does not lose his right to
present his evidence.
Criminal-accused may adduce evidence only when demurrer
was denied filed with leave of court. If without leave, he waives his
right to present evidence and submits case for judgment.
4. Civil-when granted, plaintiff may appeal and if dismissal is
reversed, the defendant is deemed to have waived his right to
present his evidence.
Criminal-when granted no appeal because dismissal is deemed
an acquittal.
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5. Civil-it is defendant invoking demurrer by moving for

dismissal.
Criminal-court may on its own initiative dismiss the action after
giving the prosecution opportunity to be heard.