Pre-Trial Script
Pre-Trial Script
2. Usually the court would ask if counsels are ready. Then state “ready, your honor’
3. Most of the time the court would go to pre-trial on second call.
4. Take note that the first one would always be the private prosecutor. Then the
accused/defense. If maraming accused, the judge would direct you naman, sabihin
counsel? And he is looking at you. Pakiramdaman mo naman.
5. Then the private prosecutor/public prosecutor would start by saying ‘The following are
our stipulation of fact’… jurisdiction of the court, identities of the accused etc etc. It is
up to you now to Admit/Deny the proposed stipulation of facts. Case niyo yan so alam
niyo if favorable or hindi. IN CASE OF DOUBT, if not sure, pls deny.
Note: Most of the time, matalino ang mga prosecutor. Your Honor, may I know if the
accused is present in court? May mga ganyan sila. Or your honor, may I know if the
counsel is authorized to appear in pre trial through an SPA?
Pag ganyan , dapat prepared kayo pag wala si accused. Sabihin niyo, your Honor under
the Rules, presence of accused is only needed during arraignment, whenever called or
necessary, and promulgation. The accused is bonded so we don’t think his appearance
would be necessary. Mga ganyan. Pls check the rules.
6. So going back to stipulations, after mag sabi ng proposed stipulation of facts ang private
prosecutor, turn na ng accused or defense. Same. Your Honor, the following are the
defense’s proposed stipulation of facts. Etc etc. basahin niyo and then wait for the
admission or denial of the proposed stipulation.
7. After that, dun na kayo sa issues. (usually wala ito pero just in case magsabi si Prosec)
Sasabihin ng prosec, your honor our issue is Whether or not the accused is guilty for the
crime charge”, adopt niyo nalang, iisa lang naman issue e. Unless may iba kayo issue
hahaha
If konti lang ang namark, your Honor we wish to adopt the documents pre-marked
during the pre-marking. Or pag na pre-con, odi during preliminar conference
(remember, pwepwede din kasi wala pa namark, if wala pa then manifest na your
honor, if you would allow, so as to avoid a very lengthy hearing (considering that there
are many cases calendared today), may we just request that the marking be made
before the clerk of court and the same be set on a date convenient to both parties?
Ngayon, if the court would want you to state all documents, odi isaisahin niyo. Make
sure you have the orginals for comparison.
If prosec, so iisa-isahin ang documents. Your Honor may we request that the
COmplainat Affidavit of the Complainant be provisionally marked as our annex A.
ganyan. Or Your Honor may we request that the barangay certificate to file action dated
__________ be permanently marked as our annex B. I have with me the originally. May
we request the opposing counsel/defense to make a comparison and stipulate if it is a
faithful reproduction. Yan (compare compare ka) then you say faithful reproduction
your honor.
If defense ka, ganun din. Patapusin mo muna ang prosec. For the defense your honor,
the following are our documents for marking. A 6-page Counter Affidavit
dated_________ be marked as our Exhibit 1 and its pages be submarked as Exhibit 1-A
to 1-F. May we also request that the signature appearing on the last page be sub-
marked as Exhibi 1-F-A. ganyan . (Be specific para maapreciate ka ni Judge) tsaka para
maayos ang markings mo. O.C kasi ako so imake sure ideclare all details, like I have with
me an Original of this document and I want the the photocopy to be marked as our
exhibit blab la bla. Or I have with me a certified Xerox copy of this document or a
Certified true copy of this document.
Note: use Exhibit not Annex in Marking. Also, if complainant ka, you use A, B,C. If
defense ka u use 1,2,3 . OKAY????
9. After the documents, witnesses na. Justtell the court how many and enumerate your
witnesses. “Your Honor, we will present 4 witnesses, namely, A B C and D.
Sometimes the court will ask, sino yan? Bakit siya? Be prepared and state the purpose
bakit siya. For example; our witness is Mr. X, he is the brother of the accused and he is
present during the incident. Or my witness your honor is Mr. X, he is the accountant of
the company. He is the one who checks the accounts of the company etc. etc. alam niyo
na yan.
10. After the witnesses are the trial dates. The court will ask how many trial dates. Of
course, if ilan ang witnesses mo e yun din bilang ng trial dates mo. Depende sa court.
The court may ask, counsel can we just agree on 3 dates. (ikaw na bahala if kaya).
Maybe you can tell, your honor, if three dates, may we be allowed to present 2
witnesses in 1 day then your honor because all our witnesses are important and I cannot
drop any of them. Ganyan.
11. So agree kayo sa trial dates.
If private Prosecutor ka, you ask the court, your honor considering that we are finished with the
pre-trial, may we just manifest that we intend to file our witnesses judicial affidivat within the
period prescribed by the Judicial Affidavit Rule, that will be 5 days before our schueduled trial
hearing.Ganyan. Tapos if defense ka, magpabibo ka. likewise your Honor, the defense would
also want to submit judicial affidavits in accordance with the Juidical Affidavit Rule. (para lang
malagay on record na 5 days before mo ipresent ang witness, submit ka judaff. Para hindi isang
bagsakan submit agad. NOTE: depende if papaya si judge.