Photo from Pexels | KATRIN BOLOVTSOVA
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Pre-trial for Civil Cases differs from pre-trial in criminal cases. Although pre-trial is mandatory, in both types of cases, their distinctions lie in aspects such as the when conducted, the things considered by the Court, as well as the sanctions and effects of non-appearance.
In the case of Rufina Lim and Tiamseng v. Hon. Pedro Samson C. Animas, G.R. No. L-39094, April 18, 1975, the Court recognized the importance of pre-trial procedure as a means of facilitating the disposal of cases by simplifying or limiting the issues and avoiding unnecessary proof of facts at the trial, and generally to do whatever may reasonably be necessary to facilitate and shorten the formal trial.
When conducted
Under the Rule 18, Section 1 of the Rules of Civil Procedure, a pre-trial is conducted after the last responsive pleading has been served and filed, the branch clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days from the filing of the last responsive pleading.
On the other hand, for criminal cases, Rule 118, Section 1 of the Rules of Criminal Procedure states that 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.
Things considered during Pre-Trial
In civil cases, the Court shall consider the following:
- The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;
- The simplification of the issues;
- The possibility of obtaining stipulations or admissions of facts and of documents to avoid unnecessary proof;
- The limitation of the number and identification of witnesses and the setting of trial dates;
- The advisability of a preliminary reference of issues to a commissioner;
- The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist;
- The requirement for the parties to:
- Mark their respective evidence if not yet marked in the judicial affidavits of their witnesses;
- Examine and make comparisons of the adverse parties’ evidence vis-a-vis the copies to be marked;
- Manifest for the record stipulations regarding the faithfulness of the reproductions and the genuineness and due execution of the adverse parties’ evidence;
- Reserve evidence not available at the pre-trial, but only in the following manner:
- For testimonial evidence, by giving the name or position and the nature of the testimony of the proposed witness;
- For documentary evidence and other object evidence, by giving a particular description of the evidence.
No reservation shall be allowed if not made in the manner described above.
8. Such other matters as may aid in the prompt disposition of the action. (Rule 18, Section 2 of the Rules of Civil Procedure)
Whereas in criminal cases, the Court shall consider the following:
- plea bargaining;
- stipulation of facts;
- marking for identification of evidence of the parties;
- waiver of objections to admissibility of evidence;
- modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
- such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (Rule 118, Section 1 of the Rules of Civil Procedure)
Effect of non-appearance at Pre-Trial
For civil cases, the non-appearance of the plaintiff and counsel at the pre-trial conference without valid cause, when duly notified, shall cause the dismissal of the action. Rule 18, Section 5 of the Rules of Civil Procedure provides that:
“Section 5. Effect of failure to appear. — When duly notified, the failure of the plaintiff and counsel to appear without valid cause when so required, pursuant to the next preceding Section, shall cause the dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the court. A similar failure on the part of the defendant and counsel shall be cause to allow the plaintiff to present his or her evidence ex-parte within ten (10) calendar days from termination of the pre-trial, and the court to render judgment on the basis of the evidence offered.” (Emphasis Supplied)
Furthermore, such non-appearance may be excused only for acts of God, force majure, or duly substantiated physical inability. (Rule 18, Section 4 of the Rules of Civil Procedure)
Whereas in criminal cases, Rule 118, Section 3 of the Rules of Civil Procedure gives the Court the power to impose proper sanctions and penalties for the non-appearance of the accused or the prosecutor, to wit:
“Section 3. Non-appearance at pre-trial conference. — If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties.”
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.