1 CRIMINAL PROCEDURE| RULE 118 vs.

AM 3-1-9-SC| Melinda Qiaolian May

RULE 118 (December 1, 2000) AM 3-1-9 (August 16, 2004)

AFTER ARRAIGNMENT BEFORE ARRAIGNMENT

Court shall issue an order directing the public prosecutor to submit

Within 30 days
the record of the preliminary investigation to the Branch COC for the
(reckoned from date court acquires jurisdiction)
latter to attach the same to the record of the criminal case. Where
unless a shorter period is provided for in special
laws or circulars
the accused is under preventive detention, his case shall be raffled
*note: Pre trial conference also after 30 days from and its records transmitted to the judge to whom the case was
acquiring jurisdiction over the person. Based on raffled within three days from the filing of the complaint or
TSN, and Sec 1 of Rule 118, Pre -trial conducted information.
AFTER arraignment.

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)

 (30 days, unless a shorter period is provided for by law)

 COURT SHALL:
PRE-TRIAL ORDER  1. SET THE PRE-TRIAL CONFERENCE
 Issued AFTER THE PRE TRIAL CONFERENCE;  2. ISSUE AN ORDER:
 Recites the:  (a) REQUIRING THE PRIVATE OFFENDED PARTY TO
 Actions taken APPEAR thereat for purposes of plea-bargaining EXCEPT
 Facts stipulated for violations of the Comprehensive Dangerous Drugs Act
 Evidence marked of 2002, (You do note though that under RA 9165, DDA,
 Effects: plea bargaining is allowed) and for other matters
 Binds the parties requiring his presence;'
 Limits the trial to matters not agreed  (b) REFERRING THE CASE TO THE BRANCH COC, if
upon warranted, for a PRELIMINARY CONFERENCE to be set at
 Control the course of action during least three days prior to the pre-trial to mark the
trial unless modified by the court. documents or exhibits to be presented by the parties and
copies thereof to be attached to the records after
comparison and to consider other matters as may aid in its
prompt disposition; and
 (c) informing the parties that no evidence shall be allowed
to be presented and offered during the trial other than
those identified and marked during the pre-trial except
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

DURING THE PRE-TRIAL

except for violations of the Comprehensive Dangerous Drugs Act of
2002, the trial judge shall consider plea-bargaining arrangements.
Note:
 During the pre-trial, the judge shall be the one to ask questions
on issues raised therein and all questions must be directed to him
to avoid hostilities between parties.
 All agreements or admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the accused
and counsel, otherwise, they cannot be used against the accused.
 All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties and/or
their counsels.

WHEN PROSECUTION AND OFFENDED PARTY

AGREE TO THE PLEA OFFERED BY THE ACCUSED
the court shall:
a. Issue an order which contains the plea bargaining arrived at;
b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction; including the civil
liability or damages duly established by the evidence.

WHEN PLEA BARGAINING FAILS,'the Court shall:'

a. Adopt the minutes of preliminary conference as part of the pretrial
proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution
of documents and list object and testimonial evidence;
b. Scrutinize every allegation of the information and the statements
in the affidavits and other documents which form part of the record
of the preliminary investigation and other documents identified and
marked as exhibits in determining further admissions of facts,
documents and in particular as to the following:
1. the identity of the accused;
2. court's territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
6. the cause of death or injury, in proper cases;
7. adoption of any evidence presented during the preliminary
investigation;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of
public authority and justifying or exempting circumstances; and
9. such other matters that would limit the facts in issue
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere to the
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
promulgation of decision and use the time frame for each stage in
setting the trial dates;
e. Require the parties to submit to the Branch COC the names,
addresses and contact numbers of witnesses that need to be
summoned by subpoena; and
f. Consider modification of order of trial if the accused admits the
charge but interposes a lawful defense.

Within 10 days
(reckoned from the termination of the pre-trial)

PRE TRIAL ORDER

The judge shall issue a Pre-trial Order setting forth the:
1. actions taken during the pre-trial conference,
2. the facts stipulated,
3. the admissions made,
4. evidence marked, the number of witnesses to be presented and
5. the schedule of trial.
 Said Order shall bind the parties, limit the trial to matters not
disposed of and control the course of the action during the 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

RULE 118 vs. AM 03-1-9-SC

RULE 118 AM 3-1-9

Prior to arraignment
No action prescribed in the rule 118 (note however this is Court shall issue an order directing the public prosecutor
mention in Rule 116) to submit the record of the preliminary investigation to
the Branch COC for the latter to attach the same to the
record of the criminal case.
Before pre-trial
No action prescribed in the rule (but of course, before the 1. The judge must study the allegations of the
pre trial, it’s arraignment under rule 116) information, the statements in the affidavits of witnesses
and other documentary evidence which form part of the
record of the preliminary investigation.
2. 3 days prior to pre trial - conduct of PRELIMINARY
CONFERENCE (before the Clerk of Court)
Mediation
No mention of mediation In mediatable cases, the judge shall refer the parties and
their counsel to the PMC unit for purposes of mediation if
available. (IDK what PMC is it’s not defined in the AM)
Scope of discussion
General Specific; more detailed
When the pre trial order should be issued
After the pre trial conference 10 days after the pre trial conference
What is dispensed with during the pre trial conference What is dispensed with during the preliminary
conference (3 days before pre trial conference)
(a) plea bargaining; 1. To mark the documents or exhibits to be presented by
(b)stipulation of facts; the parties;
(c) marking for identification of evidence of the parties; 2. assist the parties in reachirig a settlement of the civil
(d)waiver of objections to admissibility of evidence; aspect of the case,
(e) modification of the order of trial if the accused admits 3. ascertain from the parties the undisputed facts and
the charge but interposes a lawful defense; and admissions on the genuineness and due execution of
(f) such other matters as will promote a fair and documents marked as exhibits and;
expeditious trial of the criminal and civil aspects of the 4. consider such other matters as may aid in the prompt
case. disposition of the case.
Note: conducted before the JUDGE Note: conducted before the Clerk of Court

What’s wrong with wanting more, if you can fly then soar, in all there is, why settle for just a piece of sky?