PRE-TRIAL

CASE NO. 86754

Clerk: All rise Honorable Judge Doiminic Rabutan is in court. Lets pray.

Almighty God we stand in our holy presence as our supreme judge. We humbly beseech
you to bless and inspire us so that what we think, say and do will be in accordance with your
will. Enlighten our minds strengthen our spirits and fill our hearts with fraternal love, wisdom
and understanding so that we can be effective channels of truth, justice and peace. In our
proceedings today, guide us in the path of your righteousness for the fulfillment of your greater
glory. Amen.
Judge: Call the case.
Clerk: No.1 in the calendar your Honor is the case of People of the Philippines vs. Christopher
Cruz for the crime of possession of illegal drugs.
Judge: Counsel Plaintiff.
Magsubar: For the plaintiff your honor ready for Pre-trial
Judge: Counsel for defendant.
Davis: For the defendant your honor ready for pre-trial
Judge: Okay let’s proceed
Judge: Now, will distinguished counsel of the defendant admit the following facts as appearing
in the pre-trial of the plaintiff.
Judge: Does the defendant admit that he has a drug from the time of the operation of the police?
Davis: No your honor.
Judge: Does the defendant admit that the drug seized by the police was from the defendant ?
Davis: No your honor.
Judge: Does the defendant admit that he handed a drug to a buyer?
Davis: No your honor.
Judge: Does the defendant admit that he has received money from the buyer?
Davis: No your honor.
Judge: Does the defendant admit the jurisdiction of this court?
Davis: Yes your honor.
Judge: Please take note this stipulation, Clerk of the court.
Does the counsel of the plaintiff have any comments?
Magsubar: None your honor.
Judge: Now we will proceed to the pieces of evidence and witness to be presented by both
parties.
Magsubar: I have here with me your honor documentary and objects evidences which I move to
be marked as exhibit A and B.
Your honor exhibit A is the pack of drug that was seized from Mr. Cruz through the
operations of the police personnel.
Judge: Mark it.
Magsubar: Your honor exhibit B is the money that was confiscated along with Mr. Cruz from
selling drugs to his buyers.
Judge: Have it marked.
Any further comments counsel?
Magsubar: For the record your honor I have 2 witness.
1. Ms. Mary Jesmae Bajuyo who is the neighbor of Mr. Cruz. her judicial
affidavit will serve as a direct testimony in the above-mentioned case to
corroborate the testimony of the plaintiff and to identify pertinent exhibits to
support allegation of the complaint. She shall take the witness stand on
October 26, 2022.

2. Mr. Mark Anthony Interio who is the partner of the arresting officer during
the time of conducting the operation. His judicial affidavit will serve as a
direct testimony in the above-mentioned case to corroborate the testimony of
the plaintiff and to identify pertinent exhibits to support allegation of the
complaint. She shall take the witness stand on October 26, 2022.

Davis: Your honor we would like to manifest our reservation for the cross-examination of the
plaintiff and the 2 witnesses like wise to present other exhibits on the course of the trial.
Judge: Noted counsel, Mr. clerk of the court please take note. Are there any additional exhibits
and witnesses to be presented counsel of plaintiff?
Magsubar: None your honor.
Judge: Now we will proceed to the pieces of evidence and witnesses to be presented by the
opposing party.
 Counsel for the defendant may start.
Davis: Your honor just for the record I have 2 witness .
1. Mr. Jessie Balein who is a balut vendor in the place where the operation of
the police personnel was conducted. His judicial affidavit will serve as a
direct testimony in the above-mentioned case to corroborate the testimony
of the plaintiff and to identify pertinent exhibits to support allegation of
the complaint. She shall take the witness stand on November 5, 2022.

2. Mrs. Carmel Suplagas who is the women playing nearby the place where
the operation was conducted and saw the happening during the operation
of the police. Her judicial affidavit will serve as a direct testimony in the
above-mentioned case to corroborate the testimony of the plaintiff and to
identify pertinent exhibits to support allegation of the complaint. She shall
take the witness stand on November 7, 2022.

Magsubar: Your honor we would like to manifest our reservation for the cross-examination of
the defendant and the 2 witnesses like wise to present other exhibits on the course of the trial.
Judge: Noted counsel, Mr. Clerk of the court please take note. Are there any additional exhibits
and witnesses to be presented counsel of the defendant?
Davis: No your honor.
Judge: Be it noted counsels that under the new innovation of the pre trial a judge is now allowed
to render judgement after pre trial hearing based on the rules on summary judgment or
judgement on the pleading and if there are issues need to be tried it can be limited.
Magsubar: Noted judge.
Davis: Noted judge.
Judge: Upon assessment of the pleadings of both parties as well as the pieces of evidence the
action is susceptible to amicable settlement. And as a judge I should be proactive and exert an
honest to goodness effort to at least have the case settled at the pre trial then if there are still
triable issue it can be limited.
Are the parties willing to settle the issue through amicable settlement?
Magsubar: No your honor.
Davis: No your honor.
Judge: Counsel may I invite your attention to the released new rules it justifies for an initiative
towards settlement between parties and this is really more for the benefit of your client more than
anyone else. It will save more time and expenses of the litigation and your client may even incur
greater expense if this case goes to trial.
Davis: Noted your honor, but this is to secure that the rights of my client is being protected
Judge: Anything I say is for the purpose of making the parties agreed to a settlement hence I am
not prejudging the case.
Since there are remaining issues the said issues shall be referred to court annexed
mediation for a non-extendible period of 30 days moreover judicial dispute resolution is not
anymore mandatory, it is discretionary raffled is convince that settlement is still possible. The
judicial dispute resolution shall be conducted within a non-extendible period of 15 calendar days
from notice of failure of the CAM otherwise the parties shall proceed to trial which shall start
within 30 calendar days from termination of the pre trial
Judge: Is that understood?
Magsubar: Yes your honor
Defense: Yes your honor
Judge: Session is now adjourned.