Concept of Pre-trial at MTC

The concept of pre-trial at the MTC is introduced in the form of Preliminary

Conference as embraced in the Rule on Summary Procedure which took effect on
August 1, 1983. The rule was revised on 1991 which still retaining the provisions on
preliminary conference.

On July 1, 2004, the Supreme Court issued AM 3-1-09SC, guidelines which are
applicable to Summary Procedure of criminal cases before the MTC. Supplementary
manner that provide useful techniques and ways to abbreviate trial and ensure prompt
disposition of cases.

benefits of conducting Preliminary Conference before the MTC

 Maximizing number of admission of facts is expected;
 Limiting the issues;
 Limiting the number of witnesses
As a result, only a few hearing are needed for the cross-examination of
witnesses – and this will hopefully resolved the faster adjudication of the cases.

Another strategy to quickly dispose the case is to settle the civil aspect of the
case, and have the criminal case provisionally dismissed under Sec 8, Rule 117 of Rules
on Criminal Procedure or dismissed due to inability of the prosecution to adduce
evidence for the State.

Likewise, mediation can be availed off in mediatable cases to settle the civil
aspect of the case.

Preliminary Conference in cases covered by the Rule on Summary Procedure:

I. Criminal action initiated by the office of the Public prosecutor.

A) Case of Reckless Imprudence Resulting in Damage to Property under Rule on

Summary Procedure:

1. Traffic Investigator files a complaint with the office of the City Prosecutor who
then examines the complaint: forms, statement of the drivers involved,
photograph, and other documentary evidences to determine probable cause.

2. Once probable cause is found, corresponding criminal information is filed with

the MTC Office of the Clerk of Court;

3. The MTC- OCC will assigned the case to presiding judge;

4. The presiding judge, after studying the case, may declare the case under
Summary Procedure and determine if the case is mediatable case.

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 II. If the case is commenced by Complaint, the court ca motu propio dismiss the
case if based on complaint, affidavits and other evi9dences is patently
without merit. (Rule 8, sec 12-A, Rule on Summary Procedure)

III. If commenced by Information, the court shall issue an Order (Sec 12-B)
requiring the submission of Counter-Affidavit of the accused and then of his
potential witnesses within 10 days with copy furnished to the complainant
with direction of filing reply-affidavit within 10 days thereafter.

IV. The court may dismiss the Information if there is no cause or ground for trial
(Sec 13 of revised Rule on Summary Procedure)

V. Set the case for Arraignment. Issue an Order finding probable cause, setting
the case for arraignment directing the accused to appear under penalty of
arrest, copy furnish the complainant for purposes of plea bargaining.

VI. At the arraignment, the judge shall exert effort to convince the accused to
enter to a lesser offense – citing advantages and benefits derived therefrom.

 Explain that he is not contradicting of or prejudging the case, merely in

compliance with the rule.

If the accused refused to plead to a lesser offense, set the case for Preliminary
Conference. In Revised Rule on Summary proceeding, it is the discretion of the judge
to set the case for preliminary conference before the branch clerk of court prior to
preliminary conference with the judge.

Prior to that, the case is directed to mediation proceeding.

Preliminary Conference with the Branch Clerk of Court:

 Marking the documents and exhibits
o Compare with the clear copies
 Determine the possibility of settlement
 And to consider other matters as well as aid in the prompt disposition of
the case.

- Only evidence identified and marked during the preliminary conference may be used
by the parties during trial, except if allowed by the court for good shown.

- Preliminary conference with the BCC should be at least 3 days before the preliminary
conference with the judge.