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Pre-Trial Proceedings in MTC 

Mark Joseph Flores
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Section 1. Pre-trial; mandatory in criminal cases. - In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, 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 to consider the following:
(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.

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19 сен 2024

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Комментарии : 16   
@efrencastro9271
@efrencastro9271 5 лет назад
This shortening of proceedings in criminal cases though it may sounds reasonable in meeting the standard of despensing justice in a short period of time, the due process under the Constitution is compromised especially in felony cases. In my opinion, the defense is not ready with her chief in case. She failed to realize that her theory is about her client's word against the word of the accused, to prove that her client was not at fault and he was not negligent. The defense maintains that her client was not negligent because the complaining witness suddenly stopped his vehicle and in the process thereof the accused hit complaining witness vehicle. When the judge raised the issue whether or not the accused vehicle was stopped at the time it was hit by the accused, defense counsel argued that the complaining was not at stop position. The People has arqued that the accused vehicle was stopped but did she did not say if it was full stop when the accused hit the vehicle of complaining witness. She relied mainly on the sketch and the police report. There are still lots of questions that remain unanswered for example how fast was complaint running his vehicle before the accident and before he finally stopped and also how fast was the accused running his vehicle when he hit the complaining vehicle. Was the complaining vehicle running slow or fast before it came to a full stop.The conditions of the road and the weather and whether or not complaining vehicle stopped immediately right after he observed the red sign or the was still moving his vehicle while the stop sign was yellow. How far did he stop before the stop sign. The video only shows the red sign. Was there a vehicle behind the accused at the time of the accident. If the complaining vehicle was already at stopped when the accused hit him, it is possible that the vehicle, if there was any, behind the accused the could also have hit the accused or skidded a little bit. Since the police was not at the scene he has no personal knowledge what actually happened during the accident. The fact that the accused signed the police or report, it doesn't mean that the accused is locked in. The defense could let the accused explain why he signed and under what circumstances. The defense should present an expert witness to prove her theory of the case. Since, she didn't, I have no doubt that the accused will be convicted
@sedrogaming3296
@sedrogaming3296 4 года назад
You have a great mind, sir. Are you, by some chance, a lawyer?
@AidanRaine
@AidanRaine 6 лет назад
Thanks. Can be used for my steno practice. Hoping for more vids.
@calapeps913
@calapeps913 3 года назад
this is a great help to a police prosecutor but not even a lawyer
@sarahrapada1707
@sarahrapada1707 6 лет назад
Ayus na video... saan pa ba makakahanap ng ganitong klaseng presentation?🤔🤔
@karolding8168
@karolding8168 6 лет назад
Sana meron pang iba nito.
@blackroyaltyclub-concretz9724
@blackroyaltyclub-concretz9724 7 месяцев назад
Can you upload trial? These videos are very helpful and educational
@jesonayco167
@jesonayco167 6 месяцев назад
Thank you ❤
@reynoldvillania3609
@reynoldvillania3609 6 лет назад
very good !! THank you
@kennethlimosnero2131
@kennethlimosnero2131 Год назад
Maraming salamat po.
@atty.silverpatoc3977
@atty.silverpatoc3977 2 года назад
Justice Singh (Prosecutor)?
@taurus207435
@taurus207435 5 лет назад
good am sir! can you upload preliminary conference and Pre Trial in administrative cases. Ty in advance!!!
@ramzaniosa1668
@ramzaniosa1668 6 лет назад
Thanks po
@rodrigotinio5754
@rodrigotinio5754 6 лет назад
Anu bayan 3K di mabayaran eh gastos nila lahat sa kaso abugado higit pa yata 500k haha pinoy nga talaga
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