Knowing the importance of Pre-trial conference

1. BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB
CRIMINAL PROCEDURE

2. Is mandatory in criminal cases.
Within 30 days from arraignment from the date the
court acquire jurisdiction over the person of the
accused, UNLESS shorter period is provided for in
special laws or circulars must be done.
HELD ONLY where the accused and his counsel
agrees. (IF NOT: court will set case for hearing.)

3.  CONSIDERATIONS: (sec. 1 of Rule 118)
1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trial if the accused admits the
charge but interposes a lawful defense
6. Such other matters as will promote a fair and expeditious
trial

4. PLEA BARGAINING—may also be
taken during arraignment, with the
consent of the offended party and the
prosecutor and may be allowed in
court TO PLEAD GUILTY of the lesser
offense.

5. All agreements or admission made or entered during
the pre-trial conference shall be reduced in writing and
signed by the accused and counsel OTHERWISE,
cannot be used against the accused.
PURPOSE: to safeguard his rights against self
improvident or unauthorized agreement or admission
which his counsel may have entered into without his
knowledge.

6. If the counsel for the accused or the
prosecutor does not appear, and does not
offer an acceptable excuse for his lack of
cooperation, the court may impose proper
sanction or penalties.

7. AFTER pre-trial conference, the
court shall issue an order reciting:
1. the actions taken,
2. the facts stipulated, and
3. the evidence marked.

8. Such order:
1. binds the parties,
2. limit the trial to matters not disposed of, and
3. control the course of the action during the
trial,
UNLESS modified by the court to prevent
manifest injustice.

9. Judgement of acquittal based on pre-trial,
even when there are disputed documents
and issues of facts, commits grave error
and deprives the prosecution of due
process, is VOID.