-Provisional dismissal [4] Pre-Trial Order:
-The dismissal of the criminal action is
not permanent and can be revived with in the
period set by RO;
-Express consent of the accused;
-Notice to the offended party;
TIMEBAR RULE:
a) The dismissal shall be permanent if
no within (1) year after the issuance
of the order of provisional dismissal
*offenses punishable by
imprisonment not exceeding six (6)
years.
b) Two (2) years for offenses punishable
by imprisonment of more than six (6) years
PRE-TRIAL
Mandatory in;
Sandiganbayan, RTC, MTC
Purposes:
a) Plea bargaining;
b) Stipulation of facts;
c) Marking for indentification of
evidence of the parties;
d) Waiver of objections to
admissibility of evidence;
e) Modification of order of trial
Pre-Trial Agreements
1) In writing;
2) Signed by the accused and counsel
a. Condition Sine Qua Non
Actions taken during pre-trial
conference;
Facts stipulated;
The evidence marked;
Numbers of witness;
Schedule of Trial.
Effect of Pre-Trial order:
1) Bind the parties;
2) Limit the Trial to matters not
disposed of;
3) Control the course of action
Summary of Periods:
ARRAIGNMENT – 30 days from the date
the court acquires jurisdiction over the accused;
*When the accused is under preventive
detention – 3 days
PRE-TRIAL - After arraignment and
within 30 days from the date the court acquires
jurisdiction over the accused;
TRIAL – 30 days from the date the
receipt of pre-trial order
*Time to prepare for trial
-After a plea of not guilty, the accused
shall have atleast 15 days to prepare.
CONTINUOUS TRIAL
one commenced, shall continue from
day to day as far as practicable until terminated.
Postponements are subject to judicial discretion
*Discharge of accused to be a state
witness
1) There is absolute necessity for the testimony
of the accused whose discharged is requested;
2) No other direct evidence available for the
prosper prosecution of the offense committed,
except the testimony of the accused;

3)The testimony of the said accused can be

substantially corroborated in its material points;

4)Said accused does not appear to be the most

guilty;

5)Accused has not at anytime been convicted of

any offense involving moral turpitude.

REVERSE TRIAL

The order of trial may be modified

when the accused admits the act but interposes
a lawful defense.

JUDGMENT:

The adjudication by the court that the

accused is guilty or not guilty of the offense,
charged, and the imposition on him for the
proper penalty and civil liability.

REQ [3]

1) Written in the official language;

2) Personally and directly prepared by
the judge;
3) Contain clearly and distinctly
statement of facts and the law upon
which it is based.

NEW TRIAL:

GROUNDS FOR NEW TRIAL-

1) Errors of law or irregularities

prejudicial to the substantial rights
of the accused have been
committed during the trial;
2) New Material evidence have been
discovered.