Revised Rules of

Court
Rule 118 – Pre-Trial
Section 1. Pre-trial; mandatory in
criminal cases
Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within
thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless
a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial
conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
(f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of
the case.
Section 1. Pre-trial; mandatory in
criminal cases
• Applicability of Section 1; which courts.
– Section 1 of Rule 118 expressly provide that the following courts are to order a
pre-trial conference
– Sandiganbayan
– Regional Trial Court (RTC)
– Metropolitan Trial Court
– Municipal Trial Court
– Municipal Trial Court in Cities
– Municipal Circuit Trial Court

• QUERY: Is the list exclusive?

– Yes. The Rules impliedly exclude Court of Appeals and Supreme Court for the
reason that they are “appellate courts”
Section 1. Pre-trial; mandatory in
criminal cases
• When to conduct Pre-trial
– Pre-trial should be conducted if the 2 of the conditions are present:
– After the accused have been arraigned
– Within 30 days after the court acquired jurisdiction over the person of the accused
– Exception: Unless a shorter period is provided for in special laws or circulars of the
Supreme Court.
– Exception: When the accused is under preventive detention, his case shall be raffled and
its records transmitted to the judge to whom the case was raffled within three (3) days
from the filing of the information or complaint. The accused shall be arraigned within ten
(10) days from the date of the raffle. The pre-trial conference of his case shall be held
within ten (10) days after arraignment. [Rule 116, Sec. 1(e)]
– Exception: The court shall hold the pre-trial conference within 30 days or within 10 days if
the accused is under preventive detention; provided, however, that where the direct
testimonies of the witnesses are to be presented through judicial affidavits, the court shall
give the prosecution not more than 20 days from arraignment which to prepare and
submit their judicial affidavits in time for the pre-trial conference.
Section 1. Pre-trial; mandatory in
criminal cases
• What are the things to be considered in an order of pre-trial
conference
– (a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the

charge but interposes a lawful defense; and

(f) such matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.
Section 1. Pre-trial; mandatory in
criminal cases
• Under the existing rules, no evidence shall be allowed to be
presented and offered during the trial other than those identified
and marked during the pre-trial (I-B[2], A.M. No. 03-1-09-SC, July
13, 2004, effective August 16, 2004)
– Exception: Except when allowed by the court for good cause shown.
(Ibid.)
Section 2. Pre-trial agreement
• Section 2. Pre-trial agreement. — All agreements or admissions
made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel,
otherwise, they cannot be used against the accused. The
agreements covering the matters referred to in section 1 of this
Rule shall be approved by the court.
Section 3. Non-appearance at pre-
trial conference
• Section 3. Non-appearance at pre-trial conference. — 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. (se. 5, Cir. 38-98)
Section 4. Pre-trial order
• Section 4. Pre-trial order. — After the pre-trial conference, the
court shall issue an order reciting the actions taken, the facts
stipulated, and evidence marked. Such order shall bind the
parties, limit the trial to matters not disposed of, and control the
course of the action during the trial, unless modified by the court
to prevent manifest injustice.
Rule 118 – Pre-Trial
• Duty of the Branch Clerk during the preliminary conference:
– Assist the parties in reaching a settlement of the civil aspect of the case
– Mark the documents to be presented as exhibits and copies thereof
attached to the records after comparison
– Ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of documents marked as exhibits
– Consider other matters as may aid in the prompt disposition of the case
(I-B[3], A.M. No. 03-1-09-SC, July 13, 2004, effective August 16, 2004)
Rule 118 – Pre-Trial
• Recording of the minutes
– The proceedings during the preliminary conference shall be recorded in
the Minutes of Preliminary Conference to be signed by both parties and
counsel. The minutes and the exhibits shall be attached by the Branch
Clerk of Court to the case record before the pre-trial (I-B[3], A.M. No. 03-1-
09-SC, July 13, 2014, Effective August 16, 2004)
Rule 118 – Pre-Trial
• Duty of the judge before the pre-trial conference
– Before the pre-trial conference, the judge must study the allegations in the
information, the statements in the affidavits of witnesses and other
documents which form part of the record of the preliminary investigation
(supra.)
Rule 118 – Pre-Trial
• Duty of the judge when plea bargaining agreement is agreed
upon
– During the pre-trial, the trial judge shall consider plea-bargaining
agreements
– Exception: In cases for violations of the Comprehensive Dangerous Drugs Act
of 2002 (I-B[5], A.M. No. 03-1-09-SC, July 13, 2004)
– If a plea bargaining is agreed upon, the court shall
– Issue an order to that effect
– Proceed to receive evidence on the civil aspect of the case
– Render and promulgate judgment of conviction including the civil liability or
damage duly established by the evidence (Ibid.)
Rule 118 – Pre-Trial
Revised Rules of
Court
Rule 119 - TRIAL
Section 1. Time to prepare for trial
• Section 1. Time to prepare for trial. — After a plea of not guilty is
entered, the accused shall have at least fifteen (15) days to
prepare for trial. The trial shall commence within thirty (30) days
from receipt of the pre-trial order.
Section 1. Time to prepare for trial