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Within 10 days
(reckoned from date of the raffle)
CONDUCT A PRE-TRIAL
CONFERENCE:
(a) plea bargaining; ARRAIGNMENT
(b) stipulation of facts; The accused shall be arraigned within ten days from the date of the raffle.
(c) marking for identification of evidence of the
parties; 3 days prior to pre-trial
(d) waiver of objections to admissibility of evidence; PRELIMINARY CONFERENCE
(e) modification of the order of trial if the accused Purpose:
admits the charge but interposes a lawful defense; 1. To mark the documents or exhibits to be
and presented by the parties;
(f) such other matters as will promote a fair and 2. assist the parties in reachirig a settlement
expeditious trial of the criminal and civil aspects of of the civil aspect of the case,
the case. (Sec 1, Rule 118) 3. ascertain from the parties the undisputed
*all agreements pertaining to these shall be facts and admissions on the genuineness
approved by court (sec 2, Rule 118) and due execution of documents marked as
exhibits and;
4. consider such other matters as may aid in
PRE-TRIAL AGREEMENT the prompt disposition of the case.
Requirements: Proceedings recorded in MINUTES OF
1. Reduced to writing; PRELIMINARY CONFERENCE to be
signed by:
2. Signed by the accused and his counsel;
both parties and
3. Matters covered by sec 1, Rule 118, approved
Within 10 days counsel.
by court.
(reckoned from date of the Note that this is conducted before the
a) (note: based on TSN, this last
arraignment) Clerk of Court.
requirement is not necessary for the
agreements to be binding between
accused and defendant. It is only BEFORE PRE TRIAL
necessary to emphasize the court’s The judge must study the allegations of the information, the statements
supervision over the case) in the affidavits of witnesses and other documentary evidence which
Also NOTE: These stipulations cannot be set aside or form part of the record of the preliminary investigation.
withdrawn before the court. They are conclusive.
ONLY upon collusion, undue influence can they be
validly withdrawn.
Within 30 days (reckoned from date of the arraignment)
What’s wrong with wanting more, if you can fly then soar, in all there is, why settle for just a piece of sky?
2 CRIMINAL PROCEDURE| RULE 118 vs. AM 3-1-9-SC| Melinda Qiaolian May
Within 10 days
(reckoned from the termination of the pre-trial)
What’s wrong with wanting more, if you can fly then soar, in all there is, why settle for just a piece of sky?
3 CRIMINAL PROCEDURE| RULE 118 vs. AM 3-1-9-SC| Melinda Qiaolian May
What’s wrong with wanting more, if you can fly then soar, in all there is, why settle for just a piece of sky?