PRELIMINARY CONFERENCE AND PRE-TRIAL

RULE 118
RULES
REVISED RULES OF SUMMARY PROCEDURE
Sec. 14. Preliminary conference. Before conducting the trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter
a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and
to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the
accused.

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT

IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES
The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of
case management in trial courts. To abbreviate court proceedings, ensure prompt disposition of cases and decongest
court dockets, and to further implement the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated
January 15, 1999 and except as otherwise specifically provided for in other special rules, the following guidelines
are issued for the observance and guidance of trial judges and clerks of court:
I.

PRE-TRIAL
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor 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.
Where the accused is under preventive detention, his case shall be raffled and its records transmitted
to the judge to whom the case was raffled within three days from the filing of the complaint or
information. The accused shall be arraigned within ten days from the date of the raffle. The pre-trial of
his case shall be held within ten days after arraignment unless a shorter period is provided for by
law.11
2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the
date of arraignment, and issue an order: (a) requiring the private offended party to appear thereat for
purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of
2002, and for other matters requiring his presence; 12 (b) referring the case to the Branch COC, if
warranted, for a preliminary conference to be set at least three days prior to the pre-trial to mark the
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 when allowed by the court for good cause
shown. A copy of the order is hereto attached as Annex "E". In mediatable cases, the judge shall refer
the parties and their counsel to the PMC unit for purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of
the civil aspect of the case, mark the documents to be presented as exhibits and copies thereof
attached to the records after comparison, ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of documents marked as exhibits and consider such
other matters as may aid in the prompt disposition of the case. The proceedings during the preliminary
conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties
and counsel. (Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the
case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the information, the statements
in the affidavits of witnesses and other documentary evidence which form part of the record of the
preliminary investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial
judge shall consider plea-bargaining arrangements.13 Where the prosecution and the 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.14
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial 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 farther admissions of facts, documents and in
particular as to the following:15
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;16 and
f. Consider modification of order of trial if the accused admits the charge but interposes a lawful
defense.
7. 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.
8. 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.
The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the
court. (Section 2, Rule 118)
9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed
by the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial
setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions

made, evidence marked, the number of witnesses to be presented and the schedule of trial. Said
Order shall bind the parties, limit the trial to matters not disposed of and control the course the action
during the trial.17
Encl:
Annex "A" - Summons
Annex "B" - Notice of Pre-trial Conference in Civil Cases
Annex "C" - Minutes of Preliminary Conference
Annex "D" - Pre-trial Order in Civil Cases
Annex "E" - Notice of Pre-trial Conference in Criminal Cases

RA 8493
Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court,
Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the justice or
judge shall, after arraignment, order a pre-trial conference to consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during the pre-trial conference
shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used in evidence
against the accused. The agreements in relation to matters referred to in Section 2 hereof is subject to the approval of
the court: Provided, That the agreement on the plea of the accused to a lesser offense may only be revised, modified,
or annulled by the court when the same is contrary to law, public morals, or public policy.
Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation, the pretrial justice or judge may impose proper sanctions or penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting the actions taken,
the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of
and control the course of action during the trial, unless modified by the court to prevent manifest injustice.

CIRCULAR NO. 38-98 August 11, 1998

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED "AN ACT
TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE
SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT,
MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND MUNICIPAL

CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER

PURPOSES."
SECTION 1. PURPOSE OF CIRCULAR. This Circular is promulgated for the purpose of implementing the
provisions of Republic Act No. 8493, otherwise known as the "Speedy Trial Act of 1998," as directed in Section 15
hereof.
Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. The arraignment and the pre-trial, if the accused
pleads not guilty to the crime charged, shall be held within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused. The period of the pendency of a motion to quash, or for a bill of
particulars, or other causes justifying suspension of arraignment shall be excluded.
Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. In all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and
Municipal Circuit Trial Court, the court shall, after arraignment, order a pre-trial conference to consider the
following:
(a) Plea bargaining;
(b) Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.
If the accused has pleaded not guilty to the crime charged, he may state whether he interposes a negative or
affirmative defense. A negative defense shall require the prosecution to proved the guilt of the accused beyond
reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such
defense by clear and convincing evidence.
Sec. 4. PRE-TRIAL AGREEMENT. All agreements or admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used
against the accused. The agreements in relation to matters referred to in Section 3 hereof are subject to the approval
of the court; Provided, That the agreement on the please of the accused should be to a lesser offense necessarily
included in the offense charged.
Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. Where counsel for the accused or the prosecutor
does not appear at the pretrial conference and does not offer an acceptable excuse for his lack of cooperation, the
court may impose proper sanctions or penalties.
Sec. 6. PRE-TRIAL ORDER. After the pre-trial conference, the court shall issue an order reciting the actions
taken, the facts stipulated, and the evidence marked. Such order shall bind the parties, limit the trial to matters not
disposed of and control the course of action during the trial, unless modified by the court to prevent manifest
injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial
which shall commence within thirty (30) days from receipt of the pre-trial order.

Sec. 7. EXTENDED TIME LIMIT. Notwithstanding the provisions of the preceding sections 2 and 6 for the first
twelve-calendar-month period following its effectivity, the time limit with respect to the period from arraignment to
trial imposed by said provision shall be one hundred eighty (180) days. For the second twelve-month period, the
time limit shall be one hundred twenty (120) days, and for the third twelve-month period the time limit shall be
eighty (80) days.
Sec. 8. TIME LIMIT FOR TRIAL. In criminal cases involving persons charged with a crime, except those subject
to the Rule of Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months
imprisonment, or a fine of one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the
court shall, after consultation with the public prosecutor and the counsel for the accused, set the case for continuous
trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case
shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise
authorized by the Court Administrator pursuant to Section 2, Rule 30 of the Rules of Court.
Sec. 9. EXCLUSIONS. The following periods of delay shall be excluded in computing the time within which trial
must commence:
(a) Any period resulting from other proceedings concerning the accused, including but not limited
to the following:
(1) delay resulting from an examination of the physical and mental condition of
the accused;
(2) delay resulting from proceedings with respect to other criminal charges
against the accused;
(3) delay resulting from extraordinary remedies against interlocutory orders;
(4) delay resulting from pre-trial proceedings; Provided, that the delay does not
exceed thirty (30) days;
(5) delay resulting from orders of inhibition or proceedings relating to change of
venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial question;
and
(7) delay reasonably attributable to any period, not to exceed thirty (30) days,
during which any proceeding concerning the accused is actually under
advisement.
(b) Any period of delay resulting from the absence or unavailability of an essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are
unknown or his whereabouts cannot be determined by due diligence. An essential witness shall be considered
unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the fact that the accused is mentally incompetent or
physically unable to stand trial.

(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed
against the accused for the same offense, any period of delay from the date the charge was
dismissed to the date the time limitation would commence to run as to the subsequent charge had
there been no previous charge.
(e) A reasonable period of delay when the accused is mentally incompetent or physically unable to
stand trial.
(f) Any period of delay resulting from a continuance granted by any court motu propio or on
motion of either the accused for the same offense, any period of delay from the date the charge
was dismissed to the date the time limitation would commence to run as to the subsequent charge
had there been no previous charge.
Sec. 10. FACTORS FOR GRANTING CONTINUANCE. The following factors, among others, shall be considered
by a court in determining whether to grant a continuance under subparagraph (f) of Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding would be like to make a
continuation of such proceeding impossible, or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number
of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect adequate
preparation within the periods of time established herein.
No continuance under subparagraph (f) Section 9 hereof shall be granted because of congestion of
the courts calendar, or lack of diligent preparation or failure to obtain available witnesses on the
part of the public prosecutor.
Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL. If the accused is to be tried again pursuant to
an order of a court for a new trial, the trial shall commence within thirty (30) days from notice of that order, except
that the court retrying the case may extend such period but not to exceed one hundred eighty (180) days from notice
of said order for a new trial if unavailability of witnesses or other factors make trial within thirty (30) days
impractical.
Sec. 12. PUBLIC ATTORNEYS DUTIES WHERE ACCUSED IS IMPRISONED. If the public attorney assigned
to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged
with a bailable crime and has no means to post bail, or is charged with a non-bailable crime, or is serving a term of
imprisonment in any penal institution:
(a) The public attorney shall promptly undertake to obtain the presence of the prisoner for trial, or
cause a notice to be served on the person having custody of the prisoner requiring such person to
so advise the prisoner of his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the
prisoner of the charge and of his right to demand trial, If at any time thereafter the prisoner
informs his custodian that he demands such trial, the latter shall cause notice to that effect to be
sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of
the prisoner for trial.

(d) When the person having custody of the prisoner receives from the public attorney a properly
supported request for the availability of the prisoner for purposes of the trial, the prisoner shall be
made available accordingly.
Sec. 13. SANCTIONS. In any case in which private counsel for the accused, the public attorney or the public
prosecutor:
(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness
would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is totally frivolous and without
merit;
(c) makes a statement for the purpose of obtaining continuance which he know to be false and
which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions
hereof, the court may punish any such counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately retained in connection with the defense of
an accused, by imposing a fine of not exceeding twenty thousand pesos
(P20,000.00);
(2) by imposing on any appointed counsel de oficio, public attorney or public
prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice
before the court considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be without prejudice to any appropriate criminal action or
any other sanction authorized under the Rules of Court.
Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT. If the accused
is not brought to trial within the time limit required by Sections 2 and 6 hereof, as extended by Section 7, the
information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The
accused shall have the burden of proving such motion by the prosecution shall have the burden of going forward
with the evidence in connection with the exclusion of time under Section 9 hereof. The dismissal shall be subject to
the rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this
section.
Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE CONSTITUTION.
No provision of Republic Act No. 8493 shall be interpreted as a bar to any charge of denial of speedy trial as
provided by Article III, Section 14(2), of the 1987 Constitution.