Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Pre-trial Materials: Ballpen, Paper & Notebook

Learning Targets: At the end of the module, students will be
able to: References:
1. define pre-trial and, 1. https://batasnatin.com/law-library/rem
2. enumerate and explain the pre-trial conference. edial-law/criminal-procedure/617-pre-t
rial-and-pre-trial-conference.html
2.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn something new today? Great! That’s the spirit of a true student.
Welcome to our subject. Our Lesson for this subject today is about “Pre-trial”. You are expected that
at the end of this lesson you may be able to: define pre-trial and, 2.enumerate and explain the
pre-trial conference.
.

B. MAIN LESSON

Activity 1: Content Notes (15 mins)

What is Pre-trial?
Pre-trial is the stage of a court proceeding before the trial. The importance of pre-trial is that it
allows the parties to explore the possibility of an amicable settlement or a submission to alternative
modes of dispute resolution.
The pre-trial stage is also when the issues are simplified by the parties with the guidance of
the court before the trial. This will allow the parties to limit the issues to be heard and tried during the

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

trial. It is also at this point when the parties can enter into stipulations or admissions of facts and
documents to avoid unnecessary proof during the trial.
The admissions and stipulations of the parties are expected to shorten the trial since those
facts need not be proven. It is also during pre-trial when the number of witnesses are identified by the
parties and they agree to fixed trial dates. The court may at this stage determine the propriety of
rendering judgment on the pleadings, or a summary judgment with the effect of dispensing with the
trial.
The non-appearance of a party and counsel during the pre-trial may be excused only for
acts of God, force majeure, or duly substantiated physical inability. A representative may appear on
behalf of a party, but must be fully authorized in writing to enter into an amicable settlement, to submit
to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and
documents (Section 4, Rule 18, 2019 ARCP).

The failure of the plaintiff and counsel to appear without valid reason shall cause the dismissal
of the action. The dismissal shall be with prejudice, which means the dismissed case cannot be
refiled. A similar failure on the part of the defendant and counsel shall allow the plaintiff to present his
or her evidence ex parte within ten (10) calendar days from the termination of the pre-trial, and
thereafter the court may render judgment (Section 5, Rule 18, 2019 ARCP).

During the pre-trial, the parties are required to: (a) mark their respective evidence if not yet marked
in the judicial affidavits of their witnesses; (b) examine and make comparisons of the adverse parties’
evidence with the copies to be marked; and (c) manifest for the record, in open court, stipulations on the
faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence
(Section 2 (g) 1 to 3, Rule 18, 2019 ARCP).
Upon termination of the pre-trial, the court shall issue an order within ten (10) calendar days,
reciting in detail the matters taken up therein. The contents of the pre-trial order shall control the
subsequent proceedings, unless modified before trial (Section 7, Rule 18, 2019 ARCP). In simpler words,
the pre-trial order will set the parameters for the trial.

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

WHAT IS THE PURPOSE OF A PRE-TRIAL?

The purpose is to expedite proceedings
WHEN IS PRE-TRIAL REQUIRED?
Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTC and
MCTC
Pre-trial; mandatory 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 and within thirty (30)
days from the date the court acquires jurisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the Supreme Court, 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;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
(f) such matters will promote a fair and expeditious trial of the criminal and civil aspects of the case.

WHEN SHOULD IT BE CONDUCTED?

After arraignment, and within 30 days from the date the court acquires jurisdiction over
the person of the accused

An exception to the rule is when the accused is under preventive detention. The case shall be
raffled within 3 days. Arraignment shall be done within 10 days after the raffle. Ten days thereafter,
the pre-trial.

WHAT SHOULD THE ORDER FOR PRE-TRIAL CONFERENCE CONTAIN?

1. The presence of the accused and more importantly the offended party, for purposes of plea
bargaining and determination of civil liability.

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2. Referring the matter for a preliminary conference to the clerk of court.

3. Warning that evidence not offered during preliminary conference shall be inadmissible except if
because of good cause and under the discretion of the court

WHO SHOULD PRESIDE IN A PRELIMINARY CONFERENCE?

Clerk of court will preside the preliminary conference

WHAT SHOULD THE CLERK OF COURT DO IN PRESIDING OVER THE PRELIMINARY

CONFERENCE?

1. The clerk of court is given a vital role in the speedy disposition of cases
2. He shall serve as the mediator or arbitrator between the accused and offended party for the
two parties to reach a settlement as to the civil liability of the accused
3. He shall serve as mediator between the parties with regard plea bargaining
4. He shall serve as mediator in the stipulation of facts between the accused and offended party
5. He shall oversee the introduction and marking of documentary evidence
6. He shall see that the evidence is genuine and duly executed
7. He shall oversee the conference if there will be any waiver to objections over
admissibility of evidence
8. In case the accused gives a lawful defense, he will indicate that there would be a
modification of the order of trial

N.B
1. A preliminary conference precedes a pre-trial. It is officiated by the clerk of court. The clerk
of court plays a vital role in the speedy disposition of cases.
2. Oftentimes, there would be no pre-trial anymore but the trial would commence and the judge
would issue the decision for the disposition of the case.
3. The pre-trial conference is conducted for the expeditious disposition of the case. What
happens in the conference is more than what meets the eye.
4. There is now an amendment in the new rules providing for the parties to talk with each
other absent their lawyers. Lawyers oftentimes are stumbling blocks in the speedy disposition
of cases.

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

5. In the pre-trial and preliminary conference, there is narrowing of conflict between the parties. In
furtherance of this, the judge is sanctioned to allow the number of witnesses to be presented, limit the
trial days, etc.
6. Remember that any evidence not presented or marked during the pre-trial conference shall not be
admitted during the trial. This is done to make the presentation of evidence mandatory for the
parties to the case. Additional evidence shall only be allowed if there is good cause and for
furtherance of justice
7. Evidence is genuine and duly executed—in relation to notarial law when the lawyer admits to the
genuineness and due execution of the documentary evidence presented.
8. The preliminary conference is to minimize the things to be discussed during the pre-trial
conference that would be conducted by the judge. After the pre-trial conference, a pre-trial order shall
be issued. This will serve as the bible for the rest of the proceedings.
9. See the Revised Rules on Pre-trial issued during August 2004.

Content and Skill-Building

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback.
Try to complete each exercise before looking at the feedback.

2.1 Simplify the pre-trial stage below. You can write your answers in a bullet form. Avoid any
erasures.

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2.2 Discuss briefly the contents of the pre-trial phase. Why is it important and how it can help
expedite the trial stage.

Answers:

1. Stipulation of facts

2. Marking of evidence

3. Name of witnesses
and their
testimonies

Activity 3: Check for Understanding (5 mins) The following are questions to assess your
understanding about the lesson today. You are required to identify what is being asked. Write your
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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

answer on the space provided before the number. Avoid any erasures! “Check your answers against
the Key to Corrections found at the end of this SAS. Write your score on your paper.”

TRUE OR FALSE. (1 point each) Instructions: Read and analyze each statement carefully. Write your
answer in the space TRUE if the statement is correct and False if incorrect. Write your answer on the
space provided before the number.

1. The importance of pre-trial is that it allows the parties to explore the possibility of an amicable
settlement or a submission to alternative modes of dispute resolution.

2. The purpose is to expedite proceedings

3. Pre-trial is not mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTC
and MCTC

4. A preliminary conference precedes a pre-trial. It is officiated by the clerk of court.

5. Clerk of court will preside the preliminary conference

6. The shall serve as the mediator or arbitrator between the accused and offended party for the two
parties to reach a settlement as to the civil liability of the accused

7. The pre-trial conference is conducted for the expeditious disposition of the case.

8. Any evidence not presented or marked during the pre-trial conference shall still be admitted during
the trial.

9. Pre-trial shall be conducted before arraignment.

10. The evidence not offered during preliminary conference shall be inadmissible except if
because of good cause and under the discretion of the court

C. LESSON WRAP-UP

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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Q1. What’s the difference between pre-trial and trial?

Answer: Pre-trial is the stage of a court proceeding before the trial where the issues are simplified by
the parties with the guidance of the court before the trial. This will allow the parties to limit the issues
to be heard and tried during the trial.

Q2.? What is the effect of non-appearance during pre-trial?

Answer: non-appearance may be excused when “valid cause is shown”.valid excuses are: (a) acts of
God; (b) force majeure; or (c) duly substantiated physical inability. However, if the defendant fails to
appear without a valid excuse, the plaintiff is given a chance to present evidence, which will serve as
the court's basis for rendering judgment. The non-appearance of the defendant without valid cause
increases the likelihood that the court will decide in favor of the plaintiff.

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the
session number you just completed. Kindly mark the place in the work tracker to help you track how
much work they have accomplished and how much work there is left to do.

Period 1 Period 2 Period 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1.Did you have challenges learning the concepts in this module? If none, which parts of the
module helped you learn the concepts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________ __________________________________________.
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Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2.Some question/s I want to ask my teacher about this module is/are:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_________________ __________________________________________

ANSWER KEY: 

Rubrics on Skill Rate

Building 
Activity 2.1
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.2
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.3
Correct answer with 2
explanation and
without erasure
Correct answer with 1
explanation but with
erasure

9
Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #14 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Incomplete answer 1
and no explanation
Correct answer with 1
explanation and
without erasure
Total 5 Points
Activity 2.4

Answer Key (True or False):

1. True
2. True
3. False
4. True
5. True
6. True
7. True
8. False
9. False
10. True

Congratulations! That's all for now; prepare ahead of time by studying topics related to the
Concept of Criminal Procedure!

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