Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
REM 1 BRONDIAL
RULE 18 Pre-trial as Amended Philippine Mediation and Conciliation Process Valentines Day. Feb. 15, may pre-trial tayo.
or Proceeding. Mandatory yan and that should On the day of pre-trial, matutuloy ba yung pre-
Rule 18 must be read together with Rule 118 have been integrated in Rule 18 as well as in trial as provided for under Rule 18 or Rule
Pre-trial in Criminal Cases. Rule 118. Kasi dito whether it is Civil or 118? NO. It will not because ang unang
Criminal, kailangan ang pre-trial, as tatanungin ng judge as if hindi niya alam pero
Dito sa pre-trial, as early as 1989, pre-trial in amended. And the amendatory circular is the alam niya naman yan. Have you undergone
Civil Cases was already mandatory, but in Philippine Mediation and Conciliation mediation or conciliation?
Criminal Cases, it became mandatory only in Proceedings.
1998. 9 years after. Masyado malayo diba? Nagtatanong na alam naman nila na wala.
Let me discuss this Rule 18 and Rule 118 as Sasabihin, wala pa po. Magtatanong pa
Bakit hindi mandatory yung pre-trial before in amended by the Philippine Mediation and would you like a mediation to be conducted?
Criminal Cases? Because pre-trial includes Conciliation Hindi na dapat. Dapat i-order na ng court
stipulations and admissions. E medyo because this is mandatory, whether it is civil or
alanganin sa Criminal, because you might be What dont you find under Rule 18 that you criminal whether it is summary or regular
convicted by mere stipulations and find in Rule 118? Plea-bargaining. There is no procedure, mediation is mandatory. So ang
admissions. plea-bargaining in civil cases, in criminal dapat doon pagdating sa pre-trial, Feb 15, the
cases, plea-bargaining is mandatory or the judge will say Go, to the Mediation
Kung sa Pre-trial nag-stipulate, did the court should at least ask whether they will Proceeding! because every court throughout
accused kill the victim? Yes. E di tapos na. plea bargain. the Philippines meron na diyan na adjunct
haha. mediator and conciliator.
And why did you kill the victim? Because I Ano yon? Under Sec. 1 of Rule 18, it says there The mediator and conciliators are supposedly
hated him. O edi tapos na, kaya be very that after the last pleading is filed, the plaintiff non-lawyers. They should be better if they are
careful. Inayos mabuti yung procedure before must file a motion ex parte to set the case for psychologists, social workers, mga ganon, but
it became mandatory. pre-trial. the truth of the matter is that ang mga
mediator ngayon sa Metro Manila ay usually
But under the present dispensation, whether retired lawyers. We even have retired fiscals,
it is criminal or civil, PRE-TRIAL IS [Old] Section 1. When conducted. After the retired judges. Sila ang mga mediator. But you
MANDATORY. last pleading has been served and filed, if shall know I like this procedure because at the
be the duty of the plaintiff to promptly move ex moment, 70-75% of mediation succeeds and it
So that, what will happen if there is no pre- parte that the case be set for pre-trial has a very good way to declog the dockets of
trial? It may amount to a miscarriage of courts kasi grabe na ang docket ng courts
justice. It may amount to non-compliance natin. So itong mediation, maganda talaga ito.
Applicable pa ba yan? YES, applicable pa yan.
with due process. Non-observation of the due
In Criminal Cases walang provision na ganon,
process clause. So the court will send you to the mediator. And
although you can also apply that. And that is
being applied also. Pero because of this you have how many days? 30 days within
In fact, if you try to look at Rule 121, that is which to arrive possibly at amicable
amendatory rule
New Trial/Reconsideration in Criminal Cases. settlement. Pagdating don, tatanungin ng
Among the grounds for New Trial mediator, O, ano bang problemang ito?
SO halimbawa, Mr. A the plaintiff, after the
irregularities in the proceedings - SO failure Andito, sum of money lang naman ito
last pleading- ano ba ang last pleading?
to have a pre-trial is an irregularity in the Magkano sinisingil mo? 300K Sabi ng
supposedly Reply. But Reply is not always
proceeding. That may be a ground for New mediator, hindi mo ba pwedeng tanggapin?
necessary. SO after he has received a copy of
Trial. Sige po kung 300K yan e, pwede na ho ng
the Answer, he can now file a motion ex parte
1
setting the case for pre-trial. 295K. Sobra ka naman, baka pwede naman
So lets go to 18 as amended, incidentally and Magkano naman ikaw ang pwede mo
Page
unfortunately, the amendatory circular to pre- bayaran? Yung para bang central market,
trial has not been integrated in Rule 18. Ang Supposed the court sets the case for pre-trial,
lets just say Feb. 15 immediately after youre bargaining. Parang collective bargaining
tagal na non. And this is the circular on
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
negotiation. So sabi niya, kaya ko lang po, you have it dismissed. In the settlement
50K Tinignan ka ng plaintiff sama ng mata proceeding, nagkakaroon ng execution of an Now, supposed there is no settlement during
50K?! interest lang yan e! But until finally, affidavit of desistance. the conciliation proceedings. Yung records
perhaps you can come up 150K. It is 50%. O ibabalik doon saan? Sa Clerk of Court and you
payag ka na ba 150K? Sige ho payag na ko When you get to become lawyers, be very call this, Preliminary Conference. Dont call
o sige ha, Ill give you agreement 150K Ay careful with your affidavit of desistance. The that pre-trial. Why? The term preliminary
sandal po! sasabihin ng defendant. Pwede ho affidavit of desitance must be stated in such a conference applies now in both summary and
bang sampung hulugan? haha! Nasira na way that you did not receive anything. Ilalagay regular procedure. There is now preliminary
naman. Ano?! Akala koi to diretso na 150K, mo lang don that considering that we filed this conference even in regular procedure. Dati,
sampu pala. 15K a month?! Ano ba naman case because of misapreeciation of facts. Diba applicable lang yan sa Summary Procedure.
yan? Edi pag-usapan niyo na naman. Pwede mga ganyan? Sa Civil, madali. Sa Criminal, Ngayon, preliminary conference because of this
bang 8 months?" Wag! sasabihin ng plaintiff, mahirap. Then, pagdating sa court, mayroon instance is now applicable in regular procedure
2 months! O 75000 per month ay hindi, so ng affidavit of desistance. That will be but it is undertaken before the Branch Clerk of
you are at again at 5 months. Kapag meron subscribed and sworn to before the prosecutor. Court.
na, ibabalik yung compromise agreement, Remember, Criminal it is under the direct
theyll already be a judgment on compromise. control and supervision of the public Under the Mediation Rule, ang sasabihin ng
Ok? prosecutor, witness ka lang, private Clerk of Court. Dati galit yung mga Clerk of
complainant ka. So it must be subscribed Court dito sasabihin niya, Ano ba ito?
Problem: In Criminal Cases, remember that before the fiscal. Pagdating don, may affidavit Additional work na naman ito. Nag-complain
Criminal Cases are not subject to compromise. of desistance, ganito na ang procedure niyan. sila. Sabi ng SC, yan, yan ang sinabi ko, wala,
You cannot compromise Crim Cases. So ano tuloy na yan. So ngayon nasanay yung mga
ang gagawin doon? May amicable settlement The fiscal will present the affiant before the Clerk of Court to undertake the preliminary
ang palusot ganito. Palusot sa batas. Ang witness stand and say, Mr. so and so, are you conference. Pagdating don, under the Rule, it
palusot diyan ganito, we are going to settle the complainant in this case? YES. Do you says, the Clerk of Court must try to convince
the Civil aspect of the case Homicide, recall having executed an affidavit of them to arrive at settlement. Kung wala na rin
halimbawa. Ang sabi ng mediator, alam niyo desistance? YES. Is this the affidavit of talaga, so preliminary conference proper takes
ho namatay ho yung anak ninyo, hindi nap o desistance? YES. Do you affirm and confirm all place.
maibabalik yung buhay niyan Masakit diba? the allegations in the affidavit of desistance.
Kaya nga ho humihingi kami ng danyos kasi YES, ok? Your Honor, exhibit A for the Papaano yon? Nakita niyo don sa Sec. 1 of
hindi na namin maibalik yung buhay ng anak prosecution. Your Honor, with the affidavit of Rule 18 na ginagawa ron stipulations and
ko. Kasi ho kung buhay yan, nag t trabaho na desistance of the private complainant, the admissions, marking of evidence, diba? And
yon, kumikita na yon, nagbibigay na sa amin prosecution will have no principal witness in then, statement as to the nature of the
ng pera. Pero sige, civil aspect, magkano this case. And well be unable to establish the witnesses, the names of the witnesses. Lahat
naman ang danyos na hinihingi mo? Kasi hindi guilt of the accused beyond reasonable doubt, yan hindi na yan sa pre-trial proper. Tandaan
mo na maibalik ang buhay. Gusto ko ho hence, prosecution moves for the dismissal of niyo, hindi na yan sa pre-trial, that is already
ikulong yan. Matigas yan. At sasabihin nung the case. Any objections? Sino mag-o-object? in the Preliminary Conference before the
conciliator, o sige, re-set natin ha. 10 days. Haha! Ok, this case is dismissed Branch Clerk of Court so as far as the plaintiff
Palamig muna kayo. Re-set. O, kaya nga the is concerned, the Branch Clerk of Court will
30 days can be extended to another 30 days Yan ang paikot don. And that is brought about say, Ok, sige, mag stipulate ka na. Will admit
max. of 60 days. by this. Kaya tumagal na mangyari yung pre- the identity of the defendant? Ok. Will you
trial as mandatory in criminal cases. Kasi admit jurisdiction? Admitted. Lahat yan.
Kung nagkaigi, kelangan ko lang po half a paiikutan mo yung batas. You cannot
million. Sabi naman ng defendant, medyo may compromise. Kasi ang complainant dito is the Then, sa Criminal, be very careful ha. Baka
pera. Sige ho payag na ho ako half a million
2
Rep of the Phils. The 98M people of the kung lawyer na kayo, be very careful with your
para matapos nalang. So na-settle yung civil Philippines against Juan Carlos y Salarzia. But admission. Pagdating sa Criminal, tatandaan
Page
aspect of the case, ano ng gagawin ng criminal in Civil, madali. Compromise Agreement niyo, if you are for the accused, dalawa lang
aspect of the case? Hindi ma-s-settle yon. But Judgment. ang dapat mo i-admit, identity as far as the
KUPALOURD Rule 18 Pre-trial
REM 1 BRONDIAL
information is concerned and jurisdiction. formal offer of evidence. So by July, we have pwede. Our hearing on December will only be
already defendants evidence. up to December 12. December 15. Kasi
Sa Civil, under Rule 18, so the Clerk of Court Christmas na So kelan? January? Hindi po,
said, ok, stipulation/admission alright. And How many days? How many settings? I need puno na po ang calendar. So kelan? Ang
then, what are your pieces of documentary only 3 settings. So we start you by July or available po June of the following year Haha!
evidence? I have here promissory note Ok, August. August, September, October. That is the reality now. Kaya don ka na mag-
let that be marked as Exhibit A Pangalawa, start sa June kasi yung iba, na Speedy Act
demand letter. Let that be marked as Exhibit Ano ba ang ginagamit dito now, sa gantong Trial cases din, meron na ring setting and kahit
B There is a check. Let that be marked as procedure? Ginagamit yanin compliance or tingnan mo ang record, talagang puno na ang
exhibit C Nandon na lahat. Marking of pursuant to the Speedy Trial Act. The Speedy calendar. So this is Speedy Trial Act. Mabuti
evidence. Under, now, the preliminary Trial Act. You know, that this is discussed pang hindi i-set, para yung mga postponed,
conference. OK? Marking of Evidence! under Rule 119, because it is integrated there. may mga judges, halimbawa, nag mag-s-set
But you know ang Speedy Trial Act, instead of ng 25 cases for one day. Alam niya naman na
This is not the time for objection. Because the really expediting the proceedings, only delays matutuloy lang don, tatlo. Sinet pa 25 cases,
objection under the Rules of Evidence can only the proceedings. Nahahalata na yan ngayon ng so tawag ngayon. Not Ready. Non-Appearance.
be done or undertaken at the time of offer. lahat ng practitioner na pagka ginamit itong Not Ready. Non-Appearance. So re-set that.
Nag m mark lang ito. Ngayon, halimbawa, ang Speedy Trial Act, hindi nagiging Speedy, mas Kelan? Today is August, re-set that by
pinapamarkahan ng plaintiff are Xerox copies. lalong lard- it lags behind. Kasi ano ang November. So ang tagal na. This is what
You make the proper manifestations. Those nangyayari? Every case you have already happens. Notwithstanding our requirements
documents that are being marked, Your Honor specific setting. Pagating sa trial, o the first that it must be expedited thru this mediation
are only Xerox copies. So sasabihin ng Branch day of trial, Apr 5, first day of trial. Pagdating conciliation proceedings, hindi pa rin natutuloy.
Clerk of Court, ok, Provisional Marking, doon, prosecution evidence ito or plaintiffs
subject to comparison in the course of the evidence. Pagdating sa trial, ano nangyari? This is preliminary conference. When is
trial. Wala si judge. Bakit? Pinatawag ng Malacanang now the pre-trial proper?
kahit hindi. Haha! Wala si judge, so reset doon
Pagkatapos, doon naman sa defendant, ikaw sa next so by the time that it is already the The pre-trial proper, i-p-prepare na yon ng
defendant, how many pieces of documentary last day, for the presentation of evidence, wala Clerk of Court. And the records will be brought
evidence? Makikita Exhibit 1, Exhibit 2, Exhibit pa rin. Hindi matutuloy ngayon. Bakit hindi on the date set for pre-trial proper.
3. Lahat na yon. matutuloy? Yung mga stenographers may
national conference sa Baguio. So walang
Pagdating doon sa pre-trial proper, anong
Next, how many witnesses are you going to stenographer. SO 1001 reasons. Pagdating
gagawin na ng Judge? Under the mediation
present? I am going to present 3 witnesses. naman ng isa, may sakit po yung witness
rule, the judge must still convince them to
Who are these 3 witnesses? I have Juan naming or yung lawyer namin po, nag LBM.
enter into settlement. Pag hindi pa rin. He now
Carlos, Pedro Santos and Maximino dela Cruz. Diba? Usual. Yun palagi ang lawyer. Ewan ko
issues the pre-trial order. Tandaan niyo ito.
Ok, ilalagay na yon. What is the nature of their bakit palaging nag-l-LBM pag lawyer. Sickness
Mandatory yan. Pre-trial order. Without the
respective testimony? The first witness, is most abused ground for postponement. Kasi
pre-trial order, there will be an irregularity. It
evidence in chief. The second and third LBM, hindi kailangan ng medical certificate.
can be a ground for re-opening cases.
witnesses, corroborative witnesses. Nakalagay Kailangan na kailangan ang Pre-Trial Order,
na yon doon lahat. Ganon din dito sa So this is what happens, so pagdating ng bakit?
defendant. presentation ng evidence for the defendant,
nandoon ka palang sa plaintiff. Pag natapos
This is the guide for the hearing. This pre-trial
Ano ang last part? How long will it take you to naman yan, sasabihin ng court, O, when will
order. So ang ibang mga judges for those of
complete your presentation of evidence [] It be our next hearing? Our next hearing, Your
you who are familiar with court proceedings,
3
will take me 4 settings. Now is Feb 15 or March Honor, will be November 15 Then pag
yung pumupunta kayo, nagkakausap kayo,
15. We give you 1 month each so Feb then you November 15, nag-present din. O, what is our
Page
means to settle. And this 30-day period is c. Judge issues pre-trial order.
Take note that when you plea bargain for the extendible to another 30 days, maximum of
Page
reduction or removal of one of the accused 60 days for mediation and conciliation.
from the charge sheet, it must always be by