Non-appearance at pre-trial conference

Non-appearance at pre-trial conference | Pre-trial (RULE 118) | CRIMINAL PROCEDURE

COMPREHENSIVE DISCUSSION ON NON-APPEARANCE AT THE PRE-TRIAL CONFERENCE
(Rule 118 of the Revised Rules of Criminal Procedure, Philippines)

I. OVERVIEW OF PRE-TRIAL UNDER RULE 118

  1. Nature and Purpose of Pre-trial

    • Pre-trial is mandatory in all criminal cases. The court must conduct it right after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused.
    • The principal objectives include:
      1. Plea bargaining;
      2. Stipulation of facts;
      3. Marking and comparison of evidence;
      4. Waiver of objections;
      5. Other matters to promote a fair and expeditious trial.

  2. Who Must Appear

    • Accused
    • Defense Counsel
    • Prosecutor
    • Private offended party (if any) or counsel where there is a civil liability to be recovered

    The judge shall ensure that all relevant parties are present, or at the very least, properly represented if justifiable reasons exist for personal non-appearance (e.g., an accused in custody but with counsel present and specifically authorized to represent him).

  3. Importance of Pre-trial

    • Pre-trial narrows down the issues and streamlines the presentation of evidence.
    • It avoids unnecessary delays and facilitates the speedy disposition of cases.
    • Admissions during pre-trial bind the parties, simplifying trial.

II. LEGAL BASIS AND GUIDING PROVISIONS

Relevant sections under Rule 118 of the Revised Rules of Criminal Procedure (as amended) govern pre-trial. While the rule does not contain a single “non-appearance” or “default” provision similar to that in civil cases, it imposes a mandatory duty to appear and contemplates sanctions for unjustified absence.

Key provisions to note:

  • Section 1 (Rule 118) – Mandates the holding of pre-trial after arraignment.
  • Section 2 (Rule 118) – Enumerates the matters to be considered during pre-trial (plea bargaining, stipulation of facts, marking of exhibits, etc.).
  • Section 3 (Rule 118) – Requires that all agreements or admissions be in writing, signed by the accused and counsel, and approved by the court.
  • Section 4 (Rule 118) – Addresses the pre-trial order which recites the actions taken, facts stipulated, evidence marked, admissions made, and deals with other matters agreed upon.

While Rule 118 does not expressly outline a detailed penalty for non-appearance, the general powers of the court, provisions on postponement, and doctrines in legal ethics and contempt rules fill in the gaps.

III. CONSEQUENCES OF NON-APPEARANCE AT PRE-TRIAL

  1. Waiver of Rights or Objections

    • If the accused voluntarily and unjustifiably fails to appear, some courts may consider it a waiver of the right to participate in the pre-trial’s critical components, such as stipulation of facts and marking of evidence.
    • The court may allow the prosecution to present evidence in the absence of the accused’s active participation (though the court cannot proceed to trial proper without the accused unless validly justified or the accused had already been arraigned and is in custody or on bail with counsel present).

  2. Admissions and Stipulations

    • Should defense counsel appear but the accused does not, the lawyer (if empowered with proper authority) could enter into valid stipulations. The written pre-trial agreement or pre-trial order, once signed and approved by the court, is binding.
    • Conversely, if the defense counsel also fails to appear, there can be no valid stipulation. The prosecutor may request the court to note the non-appearance and proceed with the marking of evidence. Ultimately, the counsel’s absence can hamper the defense’s ability to challenge or object to prosecution evidence at this early stage.

  3. Contempt of Court or Administrative Sanctions

    • Lawyers who neglect or refuse to attend scheduled pre-trial without valid cause may be cited in contempt of court.
    • Repeated or gross non-appearance can lead to disciplinary action under the Code of Professional Responsibility, as it is a lawyer’s duty to appear, to be punctual, and to be prepared.

  4. Forfeiture of Bail / Issuance of Warrant

    • If an accused is on bail and simply refuses to attend pre-trial without plausible excuse, the court may order the forfeiture of bail and the issuance of a warrant of arrest. This enforces the mandatory nature of pre-trial and ensures the presence of the accused at crucial stages of the proceedings.

  5. Delay or Rescheduling

    • The non-appearance of either counsel or the accused can result in postponement. However, courts now tend to be more stringent in granting postponements to avoid delay. Courts may impose fines, issue warnings, or adopt other measures to dissuade further non-compliance.

  6. Pre-trial Order Despite Absence

    • The court has the discretion to issue a pre-trial order summarizing what happened on record (including the non-appearance of the party) and proceed to trial in a manner that does not unduly prejudice the present parties.
    • Any attempt to later question the matters that could have been addressed or objected to during pre-trial may be deemed waived.

IV. LEGAL ETHICS DIMENSION

  1. Duty of Counsel to Appear

    • Under the Code of Professional Responsibility, counsel must not unduly impede the administration of justice. Failing to appear at scheduled settings, especially mandatory ones like pre-trial, can be deemed an act of professional misconduct if done habitually or without justification.
    • Canon 12 (CPR) states that a lawyer shall exert every effort to assist in the speedy and efficient administration of justice. Non-appearance at a mandatory pre-trial defeats this objective.

  2. Obligation to Clients

    • Lawyers are bound to protect their clients’ interests zealously and competently. Missing a pre-trial can prejudice the client’s position, as they lose the opportunity to:
      • Explore plea bargaining.
      • Limit or clarify issues.
      • Stipulate beneficial facts.
      • Mark evidence.
    • If a lawyer’s absence results in adverse rulings or waivers, it may expose the lawyer to potential liability or administrative sanction.

V. PROCEDURAL BEST PRACTICES

  1. Prior Authorization and Notice

    • If the accused is detained, ensure that the necessary motion or order is issued to produce the accused at pre-trial.
    • If the accused cannot personally appear for a valid reason (e.g., illness, travel restrictions, etc.), the lawyer must file a motion to excuse appearance or for postponement well ahead of the pre-trial date.

  2. Preparation of Documents

    • In anticipation of pre-trial, both prosecution and defense should prepare:
      • Proposed stipulations.
      • Lists of witnesses.
      • Marked documentary exhibits.
      • Motions for consolidation/separation of trials (if needed).

  3. Coordination with Opposing Counsel

    • Engage in preliminary discussions on possible stipulations to streamline the pre-trial.
    • Explore plea bargaining if the case or evidence so warrants.

  4. Ensuring the Accused’s Understanding

    • Counsel should explain the importance of pre-trial to the accused. In criminal cases, the accused’s presence is crucial not only to protect rights but also to personally make decisions on offers for plea bargaining and to understand the import of stipulations.

VI. CASE LAW REFERENCES

Although the Revised Rules on Criminal Procedure do not specify a single controlling case for “non-appearance” during pre-trial, the Supreme Court has repeatedly emphasized:

  • Speedy disposition of cases and the mandatory nature of pre-trial (e.g., People v. Arrojado, G.R. No. 139813).
  • Potential waiver of objections when parties fail to assert them at the pre-trial stage (e.g., People v. Enojas Jr., G.R. No. 127849).
  • Court’s discretion to mete out sanctions for lawyers who cause delay (e.g., Spouses David v. Tongol, A.C. No. 7053).

In sum, jurisprudence supports the idea that non-appearance at pre-trial can have serious repercussions for both the litigants and their counsel, given the policy of expeditious administration of justice.

VII. SUMMARY OF KEY POINTS

  1. Mandatory Proceeding – Pre-trial is an indispensable part of the criminal process; attendance is not optional.
  2. Consequences of Non-Appearance – May include waiver of rights, forfeiture of bail, possible contempt or administrative sanctions against counsel, and prejudice to the absent party’s legal and factual defenses.
  3. Legal Ethics Aspect – Counsel must ensure attendance, preparedness, and sincerity in pre-trial to uphold the ethics of the profession and protect the client’s interest.
  4. Practical Tips – Obtain court approval for any justified non-appearance, coordinate with the prosecution/defense for stipulations, and prepare thoroughly to secure the best outcome.
  5. Court Discretion – The court wields considerable authority to impose fines, treat absence as waiver, or even proceed to trial with such adverse inferences or sanctions as warranted.

VIII. CONCLUSION

Failure to appear at a mandatory pre-trial conference in a criminal case under Rule 118 can severely compromise a party’s position and result in disciplinary consequences for counsel. The rules and jurisprudence underscore the importance of diligently attending and participating in pre-trial for an efficient and fair administration of justice. Counsel and accused must be mindful that any unjustified absence may lead to waivers of certain rights, potential sanctions, and procedural disadvantages that can irreversibly affect the outcome of the case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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