Thank you Atty. I always watch your videos if I don’t understand some parts of the book and your videos helps a lot in my studying and it makes it easier for me to understand Law. Thank you and more power.
Thank you sir for the lecture. This is a summary of what I learned. Rule 118 pre trial Pre trial has the accompanying purposes number one it looks to work on the issues of the case not yet that remaining parts too the tribute and narrative of the proof and it readies the case for preliminary so these are the three destinations of replaya it improves on the issues it recognizes the tribute and narrative proof and moreover it readies the case for pride now pre-preliminary is compulsory in all criminal cases cognizable by the accompanying courts number one the organization purchase in number two the local preliminary court number three metropolitan preliminary court metropolitan preliminary court in urban areas number four or mtccs city preliminary court and city circuit preliminary court for mctc in this load of courts free preliminary is required now what are the issue to be considered during fitraya importance to say what are the issue that will be managed by the court during pretrial number one supplication bartering you see supplication haggling this is the place where the denounced is proposing to enter a supplication of liable to a lower offense number two specification of realities all together for the blamed to be headed for some specification impacts it should be endorsed by him really it should be endorsed by his advice and charged himself though in common cases the specification of realities need not be endorsed by the gatherings with the goal for them to be limited by the free preliminary request as respects the specification of realities when you say specification of realities these are realities that can be concurred by the two players meaning the one party will propose to specify for a specific truth and afterward the other party is available to deny or concede the proposed specification of realities the reason for specification of realities is to condense the procedures when the gatherings can concede to a specific realities in a deliberate number three checking for ID of proof of gatherings now during pre-preliminary in criminal cases the arraignment and the charged will stamp the proof to be introduced throughout the trialwhen you say denoting this is the processwhere in the records are alloted.
You gave a Crystal clear presentation, Atty, since you define each technical or legal word accurately for your students and viewers. Great! I expect more helpful videos from you, in your own available time and according to your generosity to share your wisdom. God bless.
BOOL, HAZEL D. 3C2 GOOD DAY, ATTY! Thank you for this video lecture. SUMMARY. Rule 118 Pre-trial Pre-trial Rule The free trial has the following purposes: It seeks to simplify the issues of the case, determines as well the testimonial and documentary of the evidence, and prepares the case for trial. Pre-trial is mandatory in all criminal cases cognizable by the 1. Sandiganbayan 2. Regional Trial Court 3. Metropolitan Trial Court 4. Municipal Trial Court in Cities 5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118) Matters to be considered during pre-trial 1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense) 2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, however, there is no need to sign.) - stipulation of facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit tge propose stipulation of facts. - the purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis. 3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial) - marking - this is the process wherein the documents are assigned. 4. Waiver of objections to admissibility of evidence. 5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial) 6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case. Pre-trial in a civil case v. Pre-trial in a criminal case In the civil case, it is set when the plaintiff moves ex parte while in the criminal case, pre-trial is ordered by the court and no motion to set the case of pre trial is required from either the prosecution or the defense. In the civil case, the motion to set the case for pre-trial is made after the last pleading has been served and filed while in the criminal case, the pre-trial is ordered by the court after arraignment and within 30 days from the date the court acquires the jurisdiction over the person of the accused. In the civil case, the agreements and admissions may be contained in the records of pre-trial and pre-trial order while in the criminal case, all agreements or admissions made or entered during pre-trial conference shall be reduced in writing. In the civil case, a pre-trial brief is required to be submitted while in the criminal case, a pre-trial brief is not specifically required. Pre-trial in a Civil case v. Pre-trial in a Criminal case - In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial. - In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. A private individual or person may not settle a criminal cade because under our laws a criminal offense is a violation againast the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party. - In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused. - In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the otherhand, in a criminal case the prosecution and the accused do not file pre-trial brief. Non-appearance during pre-trial Effect of non-appearance of counsel for the accused or the prosecutor during the pre-trial without valid justification The court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor. Personal appearance of the accused During pre-trial, the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent. Purpose of Court Annexed Mediation and Judicial Dispute Resolution Court annexed mediation and judicial dispute resolution is a process wherein a pending case is diverted from adversary proceedings to a friendly approach of a compromise agreement.
I learned a lot regarding to the topic Pre trial of rule 118, the purpose of pre trial ,It seeks to simplify the issues of the case, determines as well the testimonal and documentary of the evidence and it prepares the case for trial.Also i understand the different matters that shall be dealt with by the court during pre-trial: 1. Plea bargaining 2. Stipulation of facts 3. Marking for identification of evidence of parties (the documents are assigned) 4. Waiver of objections to admissibility of evidence 5. Modification of the order of trial if one of the accused admits the charge but interposes a lawful defense 6. Such other matters as will promote a fair and expeditious trial of the civil and criminal aspects of case. Period of Pre Trial ,In the old rule of Rules of Criminal Procedure, the pre-trial is conducted after arraignment and within 30 days from the date that the court acquires jurisdiction over the person of the accused unless a short period is provided by the special laws or circular of the Supreme Court. In the continuous trial rule, the pre-trial is conducted right after arraignment on the same hearing date. Plea bargaining it is the process whereby the accused, offended party and prosecution work out a mutually satisfactory disposition of the case.
TULAWE, RICO O. BSCRIM-3C1 GOOD DAY, ATTY! Thank you for this lecture series. This is the summary of what ive learned during viewing of this particular series. Rule 118 Pre-trial Pre-trial Rule The free trial has the following purposes: It seeks to simplify the issues of the case, determines as well the testimonial and documentary of the evidence, and prepares the case for trial. Pre-trial is mandatory in all criminal cases cognizable by the 1. Sandiganbayan 2. Regional Trial Court 3. Metropolitan Trial Court 4. Municipal Trial Court in Cities 5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118) Matters to be considered during pre-trial 1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense) 2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, there is no need to sign.) - STIPULATION OF FACTS - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit the propose stipulation of facts. - The purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis. 3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial) MARKING - this is the process wherein the documents are assigned. 4. Waiver of objections to admissibility of evidence. 5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial) REVERSE TRIAL- accused admits the accusation, the defense will prove the innocence. 6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case. PERIOD OF PRE-TRIAL After arraignment within 30 days from the date the court acquires jurisdiction over the person of the accused unless a shorter period is provided by special laws or circular of the supreme court (Sec 1, Rule 118). PRE-TRIAL IN A CIVIL CASE V. PRE-TRIAL IN A CRIMINAL CASE In the civil case, it is set when the plaintiff moves ex parte on the other hand in the criminal case, pre-trial is ordered by the court and no motion to set the case of pre-trial is required from either the prosecution or the defense. In the civil case, the motion to set the case for pre-trial is made after the last pleading has been served and filed while on the other hand in the criminal case, the pre-trial is ordered by the court after arraignment and within 30 days from the date the court acquires the jurisdiction over the person of the accused. In the civil case, the agreements and admissions may be contained in the records of pre-trial and pre-trial order while in the criminal case, all agreements or admissions made or entered during pre-trial conference shall be reduced in writing. In the civil case, a pre-trial brief is required to be submitted while in the criminal case, a pre-trial brief is not specifically required. Pre-trial in a Civil case v. Pre-trial in a Criminal case In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial. In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. A private individual or person may not settle a criminal case because under our laws a criminal offense is a violation against the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party. In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused. In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the other hand, in a criminal case the prosecution and the accused do not file pre-trial brief. Non-appearance during pre-trial Effect of non-appearance of counsel for the accused or the prosecutor during the pre-trial without valid justification The court will impose proper sanctions and penalties to the counsel for the accused or the prosecutor. Personal appearance of the accused during pre-trial, the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent. PRE-TRIAL ORDER- is an order issued by the court reciting the action taken, the facts stipulated and the evidence marked during the pre-trial conference (Sec 4, Rule 118). Purpose of Court Annexed Mediation and Judicial Dispute Resolution COURT ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLUTION is a process wherein a pending case is diverted from adversary proceedings to a friendly approach of a compromise agreement. • Help declog the docket congestions of cases in court. CASES COVERED BY CAM AND JDR • BP 22 • SETTLE OF ESTATES • REVISED KATARUNGANG PAMBARANGAY LAW • CIVIL ASPECTS OF QUASI- OFFENSES
Mikaella Balataso 3c2 Thank you po Atty. Reyes here's the summary of what I've learned: According to Rule 118 Pre-trial • Pre-trial Rule The free trial has the following purposes: • it seeks to simplify the issues of the case, • determines as well the testimonial and • documentary of the evidence and it prepares the case for trial. Pre-trial is mandatory in all criminal cases cognizable by the: 1. Sandiganbayan 2. RTC 3. Metropolitan Trial Court 4. Municipal Trial Court in Cities 5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118) Matters to be considered during pre-trial 1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense) 2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, however, there is no need to sign.) • Stipulation of facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit the propose stipulation of facts. 3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial) • Marking - this is the process wherein the documents are assigned. 4. Waiver of objections to admissibility of evidence. 5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial) 6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case. Note: During preliminary conference, the branch clerk of court shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents and admissions on the genuineness and due execution of the documents. The pre-trial order must be signed by both parties and counsel. Period of pre-trial • Under the old rule of Rules of Criminal Procecure, the pre-trial is conducted after arraigment and and within 30 days from the date that thr court acquires jurisdiction over the person of the accused unless a short period period is provided by the special laws or circular of the Supreme Court. • Under the continuous trial rule, the pre-trial is conducted right after arraingment on the same hearing date. Pre-trial in a Civil case v. Pre-trial in a Criminal case • In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial. • In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. • In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. • In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the otherhand, in a criminal case the prosecution and the accused do not file pre-trial brief. Contents of order for pre-trial conference 1. Require the private offended party to appear 2. The court would direct the parties to prepare the documents for marking to be presented during the course of the trial. 3. It is an elementary rule during pre-trial that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial. Plea Bargaining * Where the accused is trying to strike a deal with the prosecution or would like to propose for him to enter into a plea of guilty to a lower offense. * The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case Action of the court when plea bargaining fails 1. If the plea bargaining fails, the court can adopt the minutes of preliminary conference as a part of the pre-trial proceedings. 2. Scrutinize every allegation of the information and the statements in the affidavits as to the following matters: (a) the identity of the accused (b) court's territorial jurisdiction relativr to the offense/charged (c) qualification of expert witness (d) amount of charges (e) genuineness and due execution of documents (f) the case of death or injury, in proper cases (g) adoption of any evidence presented during preliminary (h) disclosure of defenses of alibi, insanity, self-defense (i) such other matters that would limits facts in issue. 4. Define factual and legal issues 5. Ask parties to agree on the specific trial dates 6. Submit to the Branch COC the names, addresses and contact numbers of witnesses 7. Modification of order of trial What court should do when prosecution and offended part agree to the plea offered by the accused The court shall: 1. Issue an order which contains the plea bargaining arrived 2. Proceed to receive evidence on the civil aspect of the case. 3. Render and promulgate judgment of conviction including the civil liability or damages duly established by the evidence. Non-appearance during pre-trial • the court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor. Personal appearance of the accused • during pre-trial the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent. Pre-trial order • It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. (Sec. 4, Rule 118) Purpose and effect of the pre-trial order • Once the pre-trial order is issued it will bind the parties, limit the trial to those matters not disposed of, and it will control the course of the action action during the trial. • If a new evidence is introduced by a party and it was not listed in the pre-trial order then it will not be allowed by court. It will not allowed the presentation of evidence which was not identified and marked during pre-trial. Purpose of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) • The court annexed mediation and judicial dispute resolution is a process wherein a pending case diverted from a adversary proceedings to a friendly approach of compromise agreement. • Purpose of this is to help the clog docket congestion of cases in court.
Calongcalong, Cristiantie Marie l. 3C3 Good day po sir, I have learned from this topic are the following: Rule 118-PRE TRIAL There 3 objectives or purposes of having pre-trial conference first, to simplify the issues, second, shape up the testimonial and documentary evidence Lastly, to generally clean the decks for trial. PRE TRIAL IS MANDATORY in all criminal cases cognizable by the 1. Sandiganbayan 2. Regional Trial Court 3. Metro politan trial court 4. Municipal trial court in cities 5. Municipal trial court & municipal circuit trial court. PERIOD of pre trial Begin after the arraignmrent and within 30 days from the date the court acquires jurisdiction over the person of the accused unless a shorter period is provided by special laws or circular of the supreme court. PRE TRIAL TO CRIMINAL CASE VS CIVIL CASE -In civil case the court will considered the possibility of ammicable settlement which both parties will have to file pre trial briefs while in criminal case amicable settlement was not among, because you cannot settle a criminal case it is only the state to amicably settle it and it cannot file pre trial brief. Contents of order in the pre trial it stated there that it requires to appear the private offended party to appear thereat for the purpose of plea bergainning, to mark the documents or exhibits to be presented by the parties and no evidence shall be allowed to be presented and offered during the trial otherthan those identified and marked during pre trial. TAKE note, if failed to mark the evidence during the pre trial it cannot present that evidenc to the court. *PLEA BARGAINING - It is a plea of guilt to lower the offense. If plea bargainning fails to the court it can adopt the minutes of preliminary conference as part of the pre trial proceedings. THANKYOU PO ATTY 🙂
MANTO, KYLA M. 3C2 The summary of what I've learned under Part 12 Pre-trial Conference: Rule 118 Pre-trial Pre-trial Rule The free trial has the following purposes: •It seeks to simplify the issues of the case, determines as well the testimonal and documentary of the evidence and it prepares the case for trial. Pre-trial is mandatory in all criminal cases cognizable by the: 1. Sandiganbayan 2. RTC 3. Metropolitan Trial Court 4. Municipal Trial Court in Cities 5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118) Matters to be considered during pre-trial: 1. Plea bargaining 2. Stipulation in facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit tge propose stipulation of facts. The purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis. 3. Marking for identification of evidence of parties. Marking - this is the process wherein the documents are assigned. 4. Waiver of objections to admissibility of evidence. 5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial) 6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case. Note: During preliminary conference, the branch clerk of court shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents and admissions on the genuineness and due execution of the documents. The pre-trial order must be signed by both parties and counsel. Period of pre-trial: • Under the old rule of Rules of Criminal Procecure, the pre-trial is conducted after arraigment and and within 30 days from the date that thr court acquires jurisdiction over the person of the accused unless a short period period is provided by the special laws or circular of the Supreme Court. • Under the continuous trial rule, the pre-trial is conducted right after arraigment on the same hearing date. Pre-trial in a Civil case v. Pre-trial in a Criminal case: •In civil case, it is the plaintiff who files for motion for pre trial. •In a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial. •In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. •In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. A private individual or person may not settle a criminal cade because under our laws a criminal offense is a violation againast the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party. •In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. •In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused. •In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. •In a criminal case the prosecution and the accused do not file pre-trial brief. Contents of order for pre-trial conference: 1. Require the private offended party to appear. 2. The court would direct the parties to prepare the documents for marking to be presented during the course of the trial. 3. It is an elementary rule during pre-trial that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial. Plea Bargaining: •The accused is trying to strike a deal with the prosecution or would like to propose for him to enter into a plea of guilty to a lower offense. •The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case Action of the court when plea bargaining fails: 1. If the plea bargaining fails, the court can adopt the minutes of preliminary conference as a part of the pre-trial proceedings. 2. Scrutinize every allegation of the information and the statements in the affidavits as to the following matters: (a) the identity of the accused (b) court's territorial jurisdiction relativr to the offense/charged (c) qualification of expert witness (d) amount of charges (e) genuineness and due excution of documents (f) the casw of death or injury, in proper cases (adoptuon of any evidence presented duriny preliminary (h)disclsoure of defenses of alibi, insanity, self-defense (i) such other matters that would limits facts in issue. 3. Define factual and legal issues 4. Ask parties to agree on the specific trial dates 5. Submit to the Branch COC the names, addresses and contact numbers of witnesses 6. Modification of order of trial What court should do when prosecution and offended part agree to the plea offered by the accused? The court shall: 1. Issue an order which contains the plea bargaining arrived 2. Proceed to receive evidence on the civil aspect of the case. 3. Render and promulgate judgment of conviction including the civil liability or damages duly established by the evidence. Non-appearance during pre-trial - Effect of non-appearance of counsel for the accused or the prosecutor during the pre trial without valid justification. The court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor. Personal appearance of the accused - during pre-trial the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent. Pre-trial order: •Is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. (Sec. 4, Rule 118) Purpose and effect of the pre-trial order: •Once the pre-trial order is issued it will bind the parties, limit the trial to those matters not disposed of, and it will control the course of the action action during the trial. •If a new evidence is introduced by a party and it was not listed in the pre-trial order then it will not be allowed by court. It will not allowed the presentation of evidence which was not identified and marked during pre-trial. Purpose of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR): •The court annexed mediation and judicial dispute resolution is a process wherein a pending case diverted from a adversary proceedings to a friendly approach of compromise agreement. The purpose of this is to help the clog docket congestion of cases in court.
![[Criminal Procedure] Pre trial in criminal cases (Video30)](http://i.ytimg.com/vi/OiSvN93lpBU/mqdefault.jpg)
Thank you Atty. I always watch your videos if I don’t understand some parts of the book and your videos helps a lot in my studying and it makes it easier for me to understand Law. Thank you and more power.
Thank you sir for the lecture. This is a summary of what I learned.
Rule 118 pre trial
Pre trial has the accompanying purposes number one it looks to work on the issues of the case not yet that remaining parts too the tribute and narrative of the proof and it readies the case for preliminary so these are the three destinations of replaya it improves on the issues it recognizes the tribute and narrative proof and moreover it readies the case for pride now pre-preliminary is compulsory in all criminal cases cognizable by the accompanying courts number one the organization purchase in number two the local preliminary court number three metropolitan preliminary court metropolitan preliminary court in urban areas number four or mtccs city preliminary court and city circuit preliminary court for mctc in this load of courts free preliminary is required now what are the issue to be considered during fitraya importance to say what are the issue that will be managed by the court during pretrial number one supplication bartering you see supplication haggling this is the place where the denounced is proposing to enter a supplication of liable to a lower offense number two specification of realities all together for the blamed to be headed for some specification impacts it should be endorsed by him really it should be endorsed by his advice and charged himself though in common cases the specification of realities need not be endorsed by the gatherings with the goal for them to be limited by the free preliminary request as respects the specification of realities when you say specification of realities these are realities that can be concurred by the two players meaning the one party will propose to specify for a specific truth and afterward the other party is available to deny or concede the proposed specification of realities the reason for specification of realities is to condense the procedures when the gatherings can concede to a specific realities in a deliberate number three checking for ID of proof of gatherings now during pre-preliminary in criminal cases the arraignment and the charged will stamp the proof to be introduced throughout the trialwhen you say denoting this is the processwhere in the records are alloted.
You gave a Crystal clear presentation, Atty, since you define each technical or legal word accurately for your students and viewers. Great! I expect more helpful videos from you, in your own available time and according to your generosity to share your wisdom. God bless.
BOOL, HAZEL D. 3C2
GOOD DAY, ATTY! Thank you for this video lecture.
SUMMARY.
Rule 118 Pre-trial
Pre-trial Rule
The free trial has the following purposes:
It seeks to simplify the issues of the case, determines as well the testimonial and documentary of the evidence, and prepares the case for trial.
Pre-trial is mandatory in all criminal cases cognizable by the
1. Sandiganbayan
2. Regional Trial Court
3. Metropolitan Trial Court
4. Municipal Trial Court in Cities
5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118)
Matters to be considered during pre-trial
1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense)
2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, however, there is no need to sign.)
- stipulation of facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit tge propose stipulation of facts.
- the purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis.
3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial)
- marking - this is the process wherein the documents are assigned.
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial)
6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case.
Pre-trial in a civil case v. Pre-trial in a criminal case
In the civil case, it is set when the plaintiff moves ex parte while in the criminal case, pre-trial is ordered by the court and no motion to set the case of pre trial is required from either the prosecution or the defense.
In the civil case, the motion to set the case for pre-trial is made after the last pleading has been served and filed while in the criminal case, the pre-trial is ordered by the court after arraignment and within 30 days from the date the court acquires the jurisdiction over the person of the accused.
In the civil case, the agreements and admissions may be contained in the records of pre-trial and pre-trial order while in the criminal case, all agreements or admissions made or entered during pre-trial conference shall be reduced in writing.
In the civil case, a pre-trial brief is required to be submitted while in the criminal case, a pre-trial brief is not specifically required.
Pre-trial in a Civil case v. Pre-trial in a Criminal case
- In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial.
- In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. A private individual or person may not settle a criminal cade because under our laws a criminal offense is a violation againast the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party.
- In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused.
- In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the otherhand, in a criminal case the prosecution and the accused do not file pre-trial brief.
Non-appearance during pre-trial Effect of non-appearance of counsel for the accused or the prosecutor during the pre-trial without valid justification
The court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor.
Personal appearance of the accused
During pre-trial, the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent.
Purpose of Court Annexed Mediation and Judicial Dispute Resolution
Court annexed mediation and judicial dispute resolution is a process wherein a pending case is diverted from adversary proceedings to a friendly approach of a compromise agreement.
I learned a lot regarding to the topic Pre trial of rule 118, the purpose of pre trial ,It seeks to simplify the issues of the case, determines as well the testimonal and documentary of the evidence and it prepares the case for trial.Also i understand the different matters that shall be dealt with by the court during pre-trial:
1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of parties (the documents are assigned)
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trial if one of the accused admits the charge but interposes a lawful defense
6. Such other matters as will promote a fair and expeditious trial of the civil and criminal aspects of case.
Period of Pre Trial ,In the old rule of Rules of Criminal Procedure, the pre-trial is conducted after arraignment and within 30 days from the date that the court acquires jurisdiction over the person of the accused unless a short period is provided by the special laws or circular of the Supreme Court. In the continuous trial rule, the pre-trial is conducted right after arraignment on the same hearing date.
Plea bargaining it is the process whereby the accused, offended party and prosecution work out a mutually satisfactory disposition of the case.
TULAWE, RICO O. BSCRIM-3C1
GOOD DAY, ATTY!
Thank you for this lecture series. This is the summary of what ive learned during viewing of this particular series.
Rule 118 Pre-trial
Pre-trial Rule The free trial has the following purposes: It seeks to simplify the issues of the case, determines as well the testimonial and documentary of the evidence, and prepares the case for trial. Pre-trial is mandatory in all criminal cases cognizable by the
1. Sandiganbayan
2. Regional Trial Court
3. Metropolitan Trial Court
4. Municipal Trial Court in Cities
5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118)
Matters to be considered during pre-trial
1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense)
2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, there is no need to sign.) -
STIPULATION OF FACTS - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit the propose stipulation of facts.
- The purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis.
3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial)
MARKING - this is the process wherein the documents are assigned.
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial)
REVERSE TRIAL- accused admits the accusation, the defense will prove the innocence.
6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case.
PERIOD OF PRE-TRIAL
After arraignment within 30 days from the date the court acquires jurisdiction over the person of the accused unless a shorter period is provided by special laws or circular of the supreme court (Sec 1, Rule 118).
PRE-TRIAL IN A CIVIL CASE V. PRE-TRIAL IN A CRIMINAL CASE
In the civil case, it is set when the plaintiff moves ex parte on the other hand in the criminal case, pre-trial is ordered by the court and no motion to set the case of pre-trial is required from either the prosecution or the defense.
In the civil case, the motion to set the case for pre-trial is made after the last pleading has been served and filed while on the other hand in the criminal case, the pre-trial is ordered by the court after arraignment and within 30 days from the date the court acquires the jurisdiction over the person of the accused.
In the civil case, the agreements and admissions may be contained in the records of pre-trial and pre-trial order while in the criminal case, all agreements or admissions made or entered during pre-trial conference shall be reduced in writing.
In the civil case, a pre-trial brief is required to be submitted while in the criminal case, a pre-trial brief is not specifically required.
Pre-trial in a Civil case v. Pre-trial in a Criminal case
In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial.
In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial.
A private individual or person may not settle a criminal case because under our laws a criminal offense is a violation against the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party.
In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference. In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused.
In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the other hand, in a criminal case the prosecution and the accused do not file pre-trial brief.
Non-appearance during pre-trial Effect of non-appearance of counsel for the accused or the prosecutor during the pre-trial without valid justification
The court will impose proper sanctions and penalties to the counsel for the accused or the prosecutor.
Personal appearance of the accused during pre-trial, the personal appearance of the accused is not mandatory.
Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent.
PRE-TRIAL ORDER- is an order issued by the court reciting the action taken, the facts stipulated and the evidence marked during the pre-trial conference (Sec 4, Rule 118).
Purpose of Court Annexed Mediation and Judicial Dispute Resolution
COURT ANNEXED MEDIATION AND JUDICIAL DISPUTE RESOLUTION is a process wherein a pending case is diverted from adversary proceedings to a friendly approach of a compromise agreement.
• Help declog the docket congestions of cases in court.
CASES COVERED BY CAM AND JDR
• BP 22
• SETTLE OF ESTATES
• REVISED KATARUNGANG PAMBARANGAY LAW
• CIVIL ASPECTS OF QUASI- OFFENSES
Mikaella Balataso 3c2
Thank you po Atty. Reyes here's the summary of what I've learned:
According to Rule 118 Pre-trial
• Pre-trial Rule
The free trial has the following purposes:
• it seeks to simplify the issues of the case,
• determines as well the testimonial and
• documentary of the evidence and it prepares the case for trial.
Pre-trial is mandatory in all criminal cases cognizable by the:
1. Sandiganbayan
2. RTC
3. Metropolitan Trial Court
4. Municipal Trial Court in Cities
5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118)
Matters to be considered during pre-trial
1. Plea bargaining - this is where the accused is proposing to enter a plea of guilty to a lower offense)
2. Stipulation in facts (In order for the accused to be bound, it must be signed by counsel and the accused. In civil cases, however, there is no need to sign.)
• Stipulation of facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit the propose stipulation of facts.
3. Marking for identification of evidence of parties. (During pre-trial in criminal cases, the prosecution and the accused will mark the evidence to be presented during the course of the trial)
• Marking - this is the process wherein the documents are assigned.
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial)
6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case.
Note: During preliminary conference, the branch clerk of court shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents and admissions on the genuineness and due execution of the documents. The pre-trial order must be signed by both parties and counsel.
Period of pre-trial
• Under the old rule of Rules of Criminal Procecure, the pre-trial is conducted after arraigment and and within 30 days from the date that thr court acquires jurisdiction over the person of the accused unless a short period period is provided by the special laws or circular of the Supreme Court.
• Under the continuous trial rule, the pre-trial is conducted right after arraingment on the same hearing date.
Pre-trial in a Civil case v. Pre-trial in a Criminal case
• In civil case, it is the plaintiff who files for motion for pre trial. On the otherhand, in a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial.
• In a civil case, the court will consider the possibility of amicable settlement or compromised agreement. In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial.
• In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference.
• In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief. On the otherhand, in a criminal case the prosecution and the accused do not file pre-trial brief.
Contents of order for pre-trial conference
1. Require the private offended party to appear
2. The court would direct the parties to prepare the documents for marking to be presented during the course of the trial.
3. It is an elementary rule during pre-trial that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial.
Plea Bargaining
* Where the accused is trying to strike a deal with the prosecution or would like to propose for him to enter into a plea of guilty to a lower offense.
* The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case
Action of the court when plea bargaining fails
1. If the plea bargaining fails, the court can adopt the minutes of preliminary conference as a part of the pre-trial proceedings.
2. Scrutinize every allegation of the information and the statements in the affidavits as to the following matters:
(a) the identity of the accused
(b) court's territorial jurisdiction relativr to the offense/charged (c) qualification of expert witness
(d) amount of charges
(e) genuineness and due execution of documents
(f) the case of death or injury, in proper cases
(g) adoption of any evidence presented during preliminary
(h) disclosure of defenses of alibi, insanity, self-defense
(i) such other matters that would limits facts in issue.
4. Define factual and legal issues
5. Ask parties to agree on the specific trial dates
6. Submit to the Branch COC the names, addresses and contact numbers of witnesses
7. Modification of order of trial
What court should do when prosecution and offended part agree to the plea offered by the accused
The court shall:
1. Issue an order which contains the plea bargaining arrived
2. Proceed to receive evidence on the civil aspect of the case.
3. Render and promulgate judgment of conviction including the civil liability or damages duly established by the evidence.
Non-appearance during pre-trial
• the court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor.
Personal appearance of the accused
• during pre-trial the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent.
Pre-trial order
• It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. (Sec. 4, Rule 118)
Purpose and effect of the pre-trial order
• Once the pre-trial order is issued it will bind the parties, limit the trial to those matters not disposed of, and it will control the course of the action action during the trial.
• If a new evidence is introduced by a party and it was not listed in the pre-trial order then it will not be allowed by court. It will not allowed the presentation of evidence which was not identified and marked during pre-trial.
Purpose of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR)
• The court annexed mediation and judicial dispute resolution is a process wherein a pending case diverted from a adversary proceedings to a friendly approach of compromise agreement.
• Purpose of this is to help the clog docket congestion of cases in court.
Calongcalong, Cristiantie Marie l. 3C3
Good day po sir, I have learned from this topic are the following:
Rule 118-PRE TRIAL
There 3 objectives or purposes of having pre-trial conference first, to simplify the issues, second, shape up the testimonial and documentary evidence Lastly, to generally clean the decks for trial.
PRE TRIAL IS MANDATORY in all criminal cases cognizable by the
1. Sandiganbayan
2. Regional Trial Court
3. Metro politan trial court
4. Municipal trial court in cities
5. Municipal trial court & municipal circuit trial court.
PERIOD of pre trial
Begin after the arraignmrent and within 30 days from the date the court acquires jurisdiction over the person of the accused unless a shorter period is provided by special laws or circular of the supreme court.
PRE TRIAL TO CRIMINAL CASE VS CIVIL CASE
-In civil case the court will considered the possibility of ammicable settlement which both parties will have to file pre trial briefs while in criminal case amicable settlement was not among, because you cannot settle a criminal case it is only the state to amicably settle it and it cannot file pre trial brief.
Contents of order in the pre trial it stated there that it requires to appear the private offended party to appear thereat for the purpose of plea bergainning, to mark the documents or exhibits to be presented by the parties and no evidence shall be allowed to be presented and offered during the trial otherthan those identified and marked during pre trial. TAKE note, if failed to mark the evidence during the pre trial it cannot present that evidenc to the court.
*PLEA BARGAINING
- It is a plea of guilt to lower the offense. If plea bargainning fails to the court it can adopt the minutes of preliminary conference as part of the pre trial proceedings.
THANKYOU PO ATTY 🙂
MANTO, KYLA M.
3C2
The summary of what I've learned under Part 12 Pre-trial Conference:
Rule 118 Pre-trial
Pre-trial Rule
The free trial has the following purposes:
•It seeks to simplify the issues of the case, determines as well the testimonal and documentary of the evidence and it prepares the case for trial.
Pre-trial is mandatory in all criminal cases cognizable by the:
1. Sandiganbayan
2. RTC
3. Metropolitan Trial Court
4. Municipal Trial Court in Cities
5. Municipal Trial Court and Municipal Circuit Trial Court (Sec. 1, Rule 118)
Matters to be considered during pre-trial:
1. Plea bargaining
2. Stipulation in facts - these are the facts that can be agreed by both parties meaning the one party will propose to stipulate for a certain fact and the other party is open to deny or admit tge propose stipulation of facts. The purpose of stipulation of facts is in order to abbreviate the proceedings when the parties can admit to a certain facts in a voluntary basis.
3. Marking for identification of evidence of parties. Marking - this is the process wherein the documents are assigned.
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if one of the accused admits the charge but interposes a lawful defense (reverse trial)
6. Such other matters as well promote a fair and expeditious trial of the civil and criminal aspects of the case.
Note:
During preliminary conference, the branch clerk of court shall assist the parties in reaching a settlement of the civil aspect of the case, mark the documents and admissions on the genuineness and due execution of the documents. The pre-trial order must be signed by both parties and counsel.
Period of pre-trial:
• Under the old rule of Rules of Criminal Procecure, the pre-trial is conducted after arraigment and and within 30 days from the date that thr court acquires jurisdiction over the person of the accused unless a short period period is provided by the special laws or circular of the Supreme Court.
• Under the continuous trial rule, the pre-trial is conducted right after arraigment on the same hearing date.
Pre-trial in a Civil case v. Pre-trial in a Criminal case:
•In civil case, it is the plaintiff who files for motion for pre trial.
•In a criminal case, the pre-trial is ordered by the court and there is no need to file a motion to set the case for pre-trial.
•In a civil case, the court will consider the possibility of amicable settlement or compromised agreement.
•In a criminal case, amicable settlement or compromise agreement is not among those matters which are dealt in pre-trial. A private individual or person may not settle a criminal cade because under our laws a criminal offense is a violation againast the state therefore, it is only the state which can amicably settle the criminal offense and not the private offended party.
•In a civil case, there is what you call "Minutes of Preliminary Conference" this is the listing of agreements and admissions during the pre-trial conference.
•In a criminal case, it must be signed by both the accused and the counsel otherwise they cannot be used against the accused.
•In a civil case, if the court sets the case for pre-trial conference then both parties will have to file a pre-trial brief.
•In a criminal case the prosecution and the accused do not file pre-trial brief.
Contents of order for pre-trial conference:
1. Require the private offended party to appear.
2. The court would direct the parties to prepare the documents for marking to be presented during the course of the trial.
3. It is an elementary rule during pre-trial that no evidence shall be allowed to be presented and offered during the trial other than those identified and marked during the pre-trial.
Plea Bargaining:
•The accused is trying to strike a deal with the prosecution or would like to propose for him to enter into a plea of guilty to a lower offense.
•The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case
Action of the court when plea bargaining fails:
1. If the plea bargaining fails, the court can adopt the minutes of preliminary conference as a part of the pre-trial proceedings.
2. Scrutinize every allegation of the information and the statements in the affidavits as to the following matters: (a) the identity of the accused (b) court's territorial jurisdiction relativr to the offense/charged (c) qualification of expert witness (d) amount of charges (e) genuineness and due excution of documents (f) the casw of death or injury, in proper cases (adoptuon of any evidence presented duriny preliminary (h)disclsoure of defenses of alibi, insanity, self-defense (i) such other matters that would limits facts in issue.
3. Define factual and legal issues
4. Ask parties to agree on the specific trial dates
5. Submit to the Branch COC the names, addresses and contact numbers of witnesses
6. Modification of order of trial
What court should do when prosecution and offended part agree to the plea offered by the accused?
The court shall:
1. Issue an order which contains the plea bargaining arrived
2. Proceed to receive evidence on the civil aspect of the case.
3. Render and promulgate judgment of conviction including the civil liability or damages duly established by the evidence.
Non-appearance during pre-trial - Effect of non-appearance of counsel for the accused or the prosecutor during the pre trial without valid justification. The court will impose proper sanctions and penalties on the counsel for the accused or the prosecutor.
Personal appearance of the accused - during pre-trial the personal appearance of the accused is not mandatory. Personal appearance is mandatory in arraignment but not in pre-trial because it may violate the right of the accused to remain silent.
Pre-trial order:
•Is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. (Sec. 4, Rule 118)
Purpose and effect of the pre-trial order:
•Once the pre-trial order is issued it will bind the parties, limit the trial to those matters not disposed of, and it will control the course of the action action during the trial.
•If a new evidence is introduced by a party and it was not listed in the pre-trial order then it will not be allowed by court. It will not allowed the presentation of evidence which was not identified and marked during pre-trial.
Purpose of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR):
•The court annexed mediation and judicial dispute resolution is a process wherein a pending case diverted from a adversary proceedings to a friendly approach of compromise agreement. The purpose of this is to help the clog docket congestion of cases in court.
ANDA, MARIFER H.
BS CRIMINOLOGY
3C3
-DONE WATCHING
Thank you sir for the additional knowledge