If The Complainant Was Unable To Present The Judicial Affidavit

If the complainant was unable to present the judicial affidavit, he may use the salaysay sa law officer or
the affidavit he present during the pi in lieu of the judicial affidavit.
If the accused did not appear during the pre-trial or the trial, the judge may issue a warrant of arrest.
If the complainant was the one who did not appear, the public or private prosecutor can present why
There are courts where after after arraignment, after the accused pleads not guilty, the court may
proceed to pre-trial immediately
There are no pre-trial brief in crim cases
What is pre-trial brief? Lawyer do it, only applicable in civil
Usual admission in pre-trial is identity of the accused and admission of the jurisdiction of the court, they
also talk about the issue which are usually won the accused is guilty or not guilty, and whether or not he
is liable for damages
The court also asks about the witnesses, which may be the complainant itself or the neighbors,
especially in VAWC cases
The judge may or may not ask why the witness is a witness
It is usual in cases that the accused is the only witness of the defense
The court will also appreciate evidence like medical records or medico legal to prove the crime or even
video
Purpose of the pre-trial - It is prohibited to surprise the parties in a court proceeding that’s why there is a
pre-trial
In vawc cases, the court will also ask if mediation is possible
In rape cases, mediation is impossible
The prosecution and their witnesses will always be the first to testify
After the pre-trial, the judge will issue a pre-trial order stating the stipulation of facts, witnessess, and
the like
Pre-trial brief- pleading, filed before the pre-trial date, only write the admitted facts or only the facts that
the parties will admit obviosuly
In Pre-trial, the witnesses will not testify yet
In civil cases, if the plaintiff did not go to the pre-trial or did not file a pre-trial brief, it is a ground for
dismissal of the case. If the defendant did not go, it is a ground for the defendant in default. However, in
annulment, legal separation, the defendant will not be in default. When a defendant is in default, the
court may enter a default judgment in favor of the plaintiff, which means the plaintiff is awarded the relief
they requested in their original complaint. The default judgment can be entered without the need for a trial,
as the defendant has failed to participate in the legal process.
In a crim case, sometimes, since the pre-trial is just after the arraignment, and the accused is absent,
even though the defense atty is there, the judge may issue an arrest warrant or the fiscal may ask the
judge.
If After arraignment and the pre-trial do not proceed immediately, and is scheduled for a future date, the
judge may still issue an arrest warrant.
Must know: in arraignment, you will know when and where the pre-trial will be. General rule, where you
filed for bail, or was arraignment, it is where the pre-trial and trial will be, unless it is transferred to
another court
After everything is presented, the judge will terminate the pre-trial and schedule a trial.
If there is not witnesses, the lawyer may reserve it and present the witnesses in the trial. However, the
judge will ask what type of documentary is that. The judge may also ask who and what will be the
purpose of his testimony. Sometimes, the judge is also strict and will not accept reservation and you will
no longer be allowed to present new evidence in the trial.
In other words, before hearing, bring all the documents and write the name of the witnessess and have
the documentary evidence marked.
Dapat ready ka sa pangalan ng witnesses at ilan sila and their purpose or their testimony
--
In plea bargaining, the offended party in private crimes and the arresting officer in victimless crimes
must give their consent in conformity with the public prosecutor
There is no need to amend information for plea bargaining
In the absence of the complainant and the accused, The court shall proceed with the pre-trial, provided
1) they were duly notified and 2)counsel and prosecution is both present. If even them are present, the
court may impose sanctions provided 1) they were duly notified and 2) did not offer a reasonable reason
for their absence.
Effect of pre-trial order, it will bind the parties and limit trial to matters not disposed of and control the
course of the action during the trial unless modified by the court manifest interests.
--
Judicial affidavit- this is the affidavit of the witness
Judicial affidavit rule, you need to submit it to the other party within five days, unless you will be fined or
sanctioned like 5, 000. Purpose is to give a reasonable time to the other party.
However, in practice, the court is not as strict as the rules. If you were late such as you gave it and there
are only 3 days, the other party will admit to the court that he only received and he will ask the court to
conduct his cross in the next hearing.
However, if there is no judicial affidavit of the testigo, the court will give a warningm second, final
warning. But in the rules, the court will waive the right of the party to present the witness.
In presentation of judicial affidavit, give the other party and give the court too ofc. You attached the
other party copy to the court copy so The court will also see that you already gave the other party their
copy.
--
Trial
In no case, the trial shall the entire trial period exceed 80 days from the first day of trial, except as
otherwise authorized by the sc.

If The Complainant Was Unable To Present The Judicial Affidavit

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

If The Complainant Was Unable To Present The Judicial Affidavit

Uploaded by

Copyright:

Available Formats

If the complainant was unable to present the judicial affidavit, he may use the salaysay sa law officer or

the affidavit he present during the pi in lieu of the judicial affidavit.

There are no pre-trial brief in crim cases

What is pre-trial brief? Lawyer do it, only applicable in civil

In vawc cases, the court will also ask if mediation is possible

In rape cases, mediation is impossible

In Pre-trial, the witnesses will not testify yet

There is no need to amend information for plea bargaining

Judicial affidavit- this is the affidavit of the witness

You might also like