Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Pre-trial is mandatory in criminal cases. What things are considered in a pre-trial? | (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 as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (Secs. 2 and 3, cir. 38-98) |
| [2] What is the effect if the agreements or admissions made or entered during the pre-trial conference are not reduced in writing and signed by the accused and counsel? | They cannot be used against the accused. (SEC. 2) |
| [3] Under what circumstance may the court impose sanctions or penalties on the counsel for the accused or the prosecutor? | 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. (Sec. 5, cir. 38-98) |
| [4] After the pre-trial conference, the court will issue an order reciting the actions taken, the facts stipulated, and evidence marked. What are the effects of this order? | Unless modified by the court to prevent manifest injustice, the order will (1) bind the parties, (2) limit the trial to matters not disposed of, and (3) control the course of the action during the trial. (SEC. 4) |