PRE- TRIAL AND TRIAL

RULE 118

PRE-TRIAL

Pre-trial is mandatory in all criminal cases by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Court in Cities and Municipal Circuit Court. The purpose of a pre-trial is to expedite the proceeding, in the pre-trial there is the plea bargaining, stipulation of facts, marking for the identification of the evidence of the parties, waiver of objections to admissibility of evidence, modification of the order of the trial if the accused admits to the charge and other matters that will expedite the proceedings. Any agreement or admission entered into during pre-trial conference should be in writing, signed by the accused and signed by the counsel.

RULE 119TRIAL

Trial may refer to reception of evidence and examination of issues between the parties before a competent tribunal, whether they are issues of law or of fact. The entire trial period should not exceed one one hundred eighty (180) days from the first day of trial, except when authorized by the Supreme Court.

Observations

During one case of illegal possession of firearms, the clerk of court read the complaint or information and the prosecution called out a police who was in possession of the evidences to be presented. The evidence presented was a make shift shot gun, some ammunition and a knife. The Judge ordered the marking of the evidence and the same was presented to the examination of the defense counsel. After the proper marking of the evidence, the Judge ordered the prosecution to proceed with the presentation of the witness. The prosecution called a witness from the group of police who was present in the scene of the crime. The police was called to the stand and to recite the oath, that he will tell nothing but the truth. During this time, the accused was present in the court along with his counsel, who was provided by the court. After reciting of the oath, the prosecution started to ask questions, about the events that transpired during the arrest of the accused.