Pre-trial is a critical procedural device in the Philippine legal system designed to bring clarity and efficiency to the legal process, ensuring that cases move forward without unnecessary surprises or delays. This article will shed light on the concept of pre-trial, its distinctions between civil and criminal cases, the required form for agreements or admissions, and the consequences of parties’ absence during these crucial pre-trial proceedings.
What is pre-trial?
Pre-trial is a procedural device intended to clarify and limit the basic issues between the parties and to take the trial of cases out of the realm of surprise and maneuvering. Its chief objective is to simplify, abbreviate and expedite or dispense with the trial.
What is the distinction between pre-trial in civil cases and those in criminal cases as to when it is commenced?
In a civil case, Pre-trial shall be set not later than 60 calendar days from the filing of the last responsive pleading.
In criminal case, once the court has acquired jurisdiction over the person of the accused, arraignment and pre-trial shall be set within 10 calendar days from the date of court’s receipt of the case for a detained accused, and within 30 calendar days from the date the court acquires jurisdiction over a non-detained accused, unless a shorter period | is provided by special law or Supreme Court circular.
As to form required for agreements or admissions, what is the difference in both civil and criminal cases?
In civil cases, it may be oral or written.
In criminal cases, all agreements or admissions made or entered during pre-trial shall be reduced in writing and signed by both the accused and counsel; otherwise, they cannot be used against the accused.
In case the parties do not attend, what are the effects or consequences?
In civil case:
Plaintiff and counsel – failure shall cause the dismissal of the action with prejudice, unless otherwise ordered by the court.
Defendant and counsel – failure shall be a cause to allow the plaintiff to present his or her evidence ex parte within 10 calendar days from termination of the pre-trial, and the court to render judgment basis of the evidence offered.
In criminal case, non-appearance only subjects counsels or prosecutors to sanctions.
Are the parties required to submit pre-trial brief in both civil and criminal cases?
No. Only in civil cases where parties are required to submit pre-trial briefs at least 3 days from date of pre-trial.
Source:
The Rules of Court
