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9. PRE-TRIAL - Coggle Diagram
9. PRE-TRIAL
IN GENERAL
What happens during pre-trial
- It is the judge who shall be the one to ask questions on issues raised and all questions must be directed to him to avoid hostilities between the parties.
When shall the court order a pre-trial conference?
GR: After arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused
XPN: When a shorter period is provided for in special laws or SC circulars
Matters subject of pre-trial
(1) Plea bargaining
(2) Stipulation of facts
(3) Marking for identification of the evidence of the parties
(4) Waiver of objections to admissibility of evidence
(5) Modification of the order of trial if the accused admits the charge but interposes a lawful defense
(6) Other matters as will promote a fair and expeditious trial
Pre-trial agreement
GR: All proceedings during pre-trial shall be recorded, the transcripts prepared and the minutes signed by the parties and their counsel
Conditions for the agreement to be binding on accused
- The agreement or admission must be in writing and;
- Signed by both the accused and their counsel
Note: Court approval is not required to make it binding
Effect of non-appearance at pre-trial conference
- Witness of prosecution or private complainant -- not required, not a valid ground for dismissal
- Accused -- also not required unless directed by the trial court as long as he is represented by counsel
(a) If required -- bail shall be declared forfeited and bondsman has 30 days to produce him in court and show cause why judgment should not be rendered against them
Pre-trial Order
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Contents of pre-trial order
(1) Actions taken during pre-trial conference
(2) Facts stipulated
(3) Evidence marked
Effect of pre-trial order
- It shall bind the parties
- Limit the trial to matters not disposed of
- Control the course of action during the trial
XPN: When later on modified by the court on the ground of manifest injustice
Service The Pre-trial order shall immediately be served upon the parties and counsel on the same day pre-trial is terminated.
EVIDENCE RELATED
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Conditional examination of a prosecution witness for the purpose of taking his deposition should be made before the court or at least before the judge where the case is pending
Motion to Suppress
- It is a remedy available to an accused when evidence against him is obtained in violation of Rule 126 (Search and Seizure), Anti Photo and Video Voyeurism, Anti-Wiretapping, and other rules on admissibility
MEDIATION
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Affidavit of Desistance
- By itself, an affidavit of desistance or pardon is not a ground for the dismissal of an action, once the action has been instituted in court
Rule: Recantation is viewed with suspicion and reservation
Offer of compromise
- GR: An offer of compromise by the accused may be received in evidence as an implied admission of guilt
- XPN: Those involving quasi-offenses (criminal negligence)
Timing of offer of compromise
- If made months PRIOR to institution of criminal proceedings and clearly not made in the context of a criminal proceeding, it could not be considered as an implied admission of guilt.