August 16, 2004

A.M. No. 03-1-09-SC

GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES
AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL
AND USE OF DEPOSITION-DISCOVERY MEASURES
The use of pre-trial and the deposition-discovery measures are
undeniably important and vital components of case management in trial
courts. To abbreviate court proceedings, ensure prompt disposition of
cases and decongest court dockets, and to further implement the pretrial guidelines laid down in Administrative Circular No. 3-99 dated
January 15, 1999 and except as otherwise specifically provided for in
other special rules, the following guidelines are issued for the
observance and guidance of trial judges and clerks of court:
I.
PRE-TRIAL
A.
Civil Cases
1.
Within one day from receipt of the complaint:
1.1 Summons shall be prepared and shall contain a reminder to
defendant to observe restraint in filing a motion to dismiss and instead
allege the grounds thereof as defenses in the Answer, in conformity with
IBP-OCA Memorandum on Policy Guidelines dated March 12, 2002. A
copy of the summons is hereto attached as Annex "A;" and
1.2 The court shall issue an order requiring the parties to avail of
interrogatories to parties under Rule 25 and request for admission by
adverse party under Rule 26 or at their discretion make use of
dispositions under Rule 23 or other measures under Rules 27 and 28
within five days from the filing of the answer. 1 A copy of the order shall
be served upon the defendant together with the summons and upon the
plaintiff.
Within five (5) days from date of filing of the reply, 2 the plaintiff must
promptly move ex parte that the case be set for pre-trial conference. 3 If
the plaintiff fails to file said motion within the given period, the Branch
COC shall issue a notice of pre-trial.
2.
The parties shall submit, at least three (3) days before the pretrial, pre-trial briefs containing the following: 4
a.
A statement of their willingness to enter into an amicable
settlement indicating the desired terms thereof or to submit the case to
any of the alternative modes of dispute resolution;
b.
A summary of admitted facts and proposed stipulation of facts;
c.
The issues to be tried or resolved;
d.
The documents or exhibits to be presented, stating the purpose
thereof. (No evidence shall be allowed to be presented and offered
during the trial in support of a party's evidence-in-chief other than those
that had been earlier identified and pre-marked during the pre-trial,
except if allowed by the court for good cause shown);
e.
A manifestation of their having availed or their intention to avail
themselves of discovery procedures or referral to commissioners; and

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f.
The number and names of the witnesses, the substance of their
testimonies, and the approximate number of hours that will be required
by the parties for the presentation of their respective witnesses.
A copy of the Notice of Pre-trial Conference is hereto attached as
Annex "B."
The rule on the contents of the pre-trial brief must strictly be complied
with.
The parties are bound by the representations and statements in their
respective pre-trial briefs.
3.
At the start of the pre-trial conference, the judge shall
immediately refer the parties and/or their counsel if authorized by their
clients to the PMC mediation unit for purposes of mediation if available.
5 If mediation fails, the judge will schedule the continuance of the pretrial conference. Before then, the Judge may refer the case to the
Branch COC for a preliminary conference to assist the parties in
reaching a settlement, to mark the documents or exhibits to be
presented by the parties and copies thereof to be attached to the
records after comparison and to consider such other matters as may
aid in its prompt disposition. 6
During the preliminary conference, the Branch COC shall also ascertain
from the parties the undisputed facts and admissions on the
genuineness and due execution of the documents marked as exhibits.
The proceedings during the preliminary conference shall be recorded in
the "Minutes of Preliminary Conference" to be signed by both parties
and/or counsel, the form of which is hereto attached as Annex "C".
The minutes of preliminary conference and the exhibits shall be
attached by the Branch COC to the case record before the pre-trial
4.
Before the continuation of the pre-trial conference, the judge
must study all the pleadings of the case, and determine the issues
thereof and the respective positions of the parties thereon to enable him
to intelligently steer the parties toward a possible amicable settlement
of the case, or, at the very least, to help reduce and limit the issues. The
judge should not allow the termination of pre-trial simply because of the
manifestation of the parties that they cannot settle the case. He should
expose the parties to the advantages of pre-trial. He must also be
mindful that there are other important aspects of the pre-trial that ought
to be taken up to expedite the disposition of the case. 7
The Judge with all tact, patience, impartiality and with due regard to the
rights of the parties shall endeavor to persuade them to arrive at a
settlement of the dispute. 8 The court shall initially ask the parties and
their lawyers if an amicable settlement of the case is possible. If not, the
judge may confer with the parties with the opposing counsel to consider
the following:
a.
Given the evidence of the plaintiff presented in his pre-trial brief
to support his claim, what manner of compromise is considered
acceptable to the defendant at the present stage?
b.
Given the evidence of the defendant described in his pre-trial
brief to support his defense, what manner of compromise is considered
acceptable to the plaintiff at the present stage?
If not successful, the court shall confer with the party and his counsel
separately.

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If the manner of compromise is not acceptable, the judge shall confer
with the parties without their counsel for the same purpose of
settlement.
5.
If all efforts to settle fail, the trial judge shall:
a.
Adopt the minutes of preliminary conference as part of the pretrial proceedings and confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due execution of
documents;
b.
Inquire if there are cases arising out of the same facts pending
before other courts and order its consolidation if warranted;
c.
Inquire if the pleadings are in order. If not, order the amendments
if necessary;
d.
Inquire if interlocutory issues are involved and resolve the same;
e.
Consider the adding or dropping of parties;
f.
Scrutinize every single allegation of the complaint, answer and
other pleadings and attachments thereto and the contents of
documents and all other evidence identified and pre-marked during pretrial in determining further admissions of facts and documents. To obtain
admissions, the Court shall ask the parties to submit the depositions
taken under Rule 23, the answers to written interrogatories under Rule
25 and the answers to request for admissions by the adverse party
under Rule 26. It may also require the production of documents or
things requested by a party under Rule 27 and the results of the
physical and mental examination of persons under Rule 28;
g.
Define and simplify the factual and legal issues arising from the
pleadings. Uncontroverted issues and frivolous claims or defenses
should be eliminated. For each factual issue, the parties/counsel shall
state all the evidence to support their positions thereon. For each legal
issue, parties/counsel shall state the applicable law and jurisprudence
supporting their respective positions thereon. If only legal issues are
presented, the judge shall require the parties to submit their respective
memoranda and the court can proceed to render judgment; 9
h.
Determine the propriety of rendering a summary judgment
dismissing the case based on the disclosures made at the pre-trial or a
judgment based on the pleadings, evidence identified and admissions
made during pre-trial; 10
i.
Ask parties to agree on the specific trial dates for continuous trial
in accordance with Circular No. 1-89 dated January 19, 1989; adhere to
the case flow chart determined by the court, which shall contain the
different stages of the proceedings up to the promulgation of the
decision and use the time frame for each stage in setting the trial dates.
The One-Day Examination of Witness Rule, that is, a witness has to be
fully examined in one (1) day only, shall be strictly adhered to subject to
the courts' discretion during trial on whether or not to extend the direct
and/or cross-examination for justifiable reasons. On the last hearing
day allotted for each party, he is required to make his formal offer of
evidence after the presentation of his last witness and the opposing
party is required to immediately interpose his objection thereto.
Thereafter, the Judge shall make the ruling on the offer of evidence in
open court. However the judge has the discretion to allow the offer of
evidence in writing in conformity with Section 35, Rule 132;

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j.
Determine the most important witnesses to be heard and limit the
number of witnesses (Most Important Witness Rule). The facts to be
proven by each witness and the approximate number of hours per
witness shall be fixed;
k.
At his discretion, order the parties to use the affidavits of
witnesses as direct testimonies subject to the right to object to
inadmissible portions thereof and to the right of cross-examination by
the other party. The affidavits shall be based on personal knowledge,
shall set forth facts as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to testify to the matters stated
therein. The affidavits shall be in question and answer form, and shall
comply with the rules on admissibility of evidence;
l.
Require the parties and/or counsel to submit to the Branch COC
the names, addresses and contact numbers of the witnesses to be
summoned by subpoena;
m.
Order the delegation of the reception of evidence to the Branch
COC under Rule 30; and
n.
Refer the case to a trial by commissioner under Rule 32
During the pre-trial, the judge shall be the one to ask questions on
issues raised therein and all questions or comments by counsel or
parties must be directed to the judge to avoid hostilities between the
parties.
6.
The trial judge shall schedule the pre-trial in the afternoon
sessions and set as many pre-trial conferences as may be necessary.
7.
All proceedings during the pre-trial shall be recorded. The
minutes of each pre-trial conference shall contain matters taken up
therein more particularly admissions of facts and exhibits and shall be
signed by the parties and their counsel.
8.
The judge shall issue the required Pre-Trial Order within ten (10)
days after the termination of the pre-trial. Said Order shall bind the
parties, limit the trial to matters not disposed of and control the course
of the action during the trial. A sample Pre-Trial Order is hereto attached
as Annex "D."
However, the Court may opt to dictate the Pre-Trial Order in open court
in the presence of the parties and their counsel and with the use of a
computer, shall have the same immediately finalized and printed. Once
finished, the parties and/or their counsel shall sign the same to manifest
their conformity thereto.
9.
The court shall endeavor to make the parties agree to an
equitable compromise or settlement at any stage of the proceedings
before rendition of judgment.
B.

Criminal Cases

1.
Before arraignment, the Court shall issue an order directing the
public prosecutor to submit the record of the preliminary investigation to
the Branch COC for the latter to attach the same to the record of the
criminal case.
Where the accused is under preventive detention, his case shall
be raffled and its records transmitted to the judge to whom the case
was raffled within three days from the filing of the complaint or

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information. The accused shall be arraigned within ten days from the
date of the raffle. The pre-trial of his case shall be held within ten days
after arraignment unless a shorter period is provided for by law. 11
2.
After the arraignment, the court shall forthwith set the pre-trial
conference within thirty days from the date of arraignment, and issue an
order:
(a) requiring the private offended party to appear thereat for purposes of
plea-bargaining except for violations of the Comprehensive Dangerous
Drugs Act of 2002, and for other matters requiring his presence; 12
(b) referring the case to the Branch COC, if warranted, for a preliminary
conference to be set at least three days prior to the pre-trial to mark the
documents or exhibits to be presented by the parties and copies thereof
to be attached to the records after comparison and to consider other
matters as may aid in its prompt disposition; and
(c) informing the parties that no evidence shall be allowed to be
presented and offered during the trial other than those identified and
marked during the pre-trial except when allowed by the court for good
cause shown. A copy of the order is hereto attached as Annex "E". In
mediatable cases, the judge shall refer the parties and their counsel to
the PMC unit for purposes of mediation if available.
3.
During the preliminary conference, the Branch COC shall:
(a) assist the parties in reaching a settlement of the civil aspect of the
case;
(b) mark the documents to be presented as exhibits and copies thereof
attached to the records after comparison;
(c) ascertain from the parties the undisputed facts and admissions on
the genuineness and due execution of documents marked as exhibits
and consider such other matters as may aid in the prompt disposition of
the case.
The proceedings during the preliminary conference shall be
recorded in the Minutes of Preliminary Conference to be signed by both
parties and counsel. (Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be
attached by the Branch COC to the case record before the pre-trial.
4.
Before the pre-trial conference the judge must study the
allegations of the information, the statements in the affidavits of
witnesses and other documentary evidence which form part of the
record of the preliminary investigation.
5.
During the pre-trial, except for violations of the Comprehensive
Dangerous Drugs Act of 2002, the trial judge shall consider pleabargaining arrangements. 13 Where the prosecution and the offended
party agree to the plea offered by the accused, the court shall:
a.
Issue an order which contains the plea-bargaining arrived at;
b.
Proceed to receive evidence on the civil aspect of the case; and
c.
Render and promulgate judgment of conviction, including the civil
liability or damages duly established by the evidence. 14
6.
When plea bargaining fails, the Court shall:
a.
Adopt the minutes of preliminary conference as part of the pretrial proceedings, confirm markings of exhibits or substituted

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photocopies and admissions on the genuineness and due execution of
documents and list object and testimonial evidence;
b.
Scrutinize every allegation of the information and the statements
in the affidavits and other documents which form part of the record of
the preliminary investigation and other documents identified and
marked as exhibits in determining further admissions of facts,
documents and in particular as to the following: 15
1.
the identity of the accused;
2.
court's territorial jurisdiction relative to the offense/s charged;
3.
qualification of expert witness/es;
4.
amount of damages;
5.
genuineness and due execution of documents;
6.
the cause of death or injury, in proper cases;
7.
adoption of any evidence presented during the preliminary
investigation;
8.
disclosure of defenses of alibi, insanity, self-defense, exercise of
public authority and justifying or exempting circumstances; and
9.
such other matters that would limit the facts in issue.
c.
Define factual and legal issues;
d.
Ask parties to agree on the specific trial dates and adhere to the
flow chart determined by the court which shall contain the time frames
for the different stages of the proceeding up to promulgation of decision
and use the time frame for each stage in setting the trial dates;
e.
Require the parties to submit to the Branch COC the names,
addresses and contact numbers of witnesses that need to be
summoned by subpoena; 16 and
f.
Consider modification of order of trial if the accused admits the
charge but interposes a lawful defense.
7.
During the pre-trial, the judge shall be the one to ask questions
on issues raised therein and all questions must be directed to him to
avoid hostilities between parties.
8.
All agreements or admissions made or entered during the pretrial conference shall be reduced in writing and signed by the accused
and counsel, otherwise, they cannot be used against the accused. The
agreements covering the matters referred to in Section 1 of Rule 118
shall be approved by the court. (Section 2, Rule 118)
9.
All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties and/or their
counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days
after the termination of the pre-trial setting forth the actions taken during
the pre-trial conference, the facts stipulated, the admissions made,
evidence marked, the number of witnesses to be presented and the
schedule of trial. Said Order shall bind the parties, limit the trial to
matters not disposed of and control the course of the action during the
trial. 17

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ANNEX "A"
Republic of the Philippines
______________________ COURT
______________________ Judicial Region
Branch ______
___________________
Plaintiff/s,
-versusCivil Case No. ___________
____________________
Defendant/s.
x --------------------------------------x
SUMMONS
TO: _____________________
GREETINGS:
You are hereby required, within fifteen (15) days after service of this
summons upon you, to file with this Court and serve on the plaintiff your
answer to the complaint, copy of which is attached, together with the
annexes. You are reminded of the provision in the IBP-OCA
Memorandum on Policy Guidelines dated March 12, 2002 to observe
restraint in filing a motion to dismiss and instead allege the grounds
thereof as defenses in the Answer. If you fail to answer within the time
fixed, the plaintiff will take judgment by default and may be granted the
relief applied for in the complaint.
WITNESS my hand under the seal of the Court, this _____ day of
___________________, 20.___.
________________
Clerk of Court

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ANNEX "B"
Republic of the Philippines
_________________ COURT
____________ Judicial Region
Branch ____________
_________________________,
- versus ____________________,
x ------------------------ x

_________ CASE NO. _________

FOR: ____________________
_________________________

NOTICE OF PRE-TRIAL CONFERENCE

Pursuant to the Order dated _______, this case is set for pre-trial
conference on ________________________ at __________ o'clock
A.M./P.M.
The parties and their counsel are required to be present at the pre-trial
and to file with the Court and serve on the adverse party at least three
(3) days before the date of the pre-trial their respective pre-trial briefs
which shall contain, among others:
a.
A statement of their willingness to enter into an amicable
settlement indicating the desired terms thereof or to submit the case to
any of the alternative modes of dispute resolution;
b.
A summary of admitted facts and proposed stipulation of facts;
c.
The issues to be tried or resolved;
d.
The documents or exhibits to be presented, stating the purpose
thereof. (No evidence shall be allowed to be presented and offered
during the trial in support of a party's evidence-in-chief other than those
that had been earlier identified and pre-marked during the pre-trial,
except if allowed by the court for good cause shown);
e.
A manifestation of their having availed or their intention to avail
themselves of discovery procedures or referral to commissioners; and
f.
The number and names of the witnesses, the substance of their
testimonies, and the approximate number of hours that will be required
by the parties for the presentation of their respective witnesses.
Failure to file the pre-trial brief shall have the same effect as failure to
appear at the pre-trial.
WITNESS, the HON. ______________________, Presiding Judge of
this Court, this ____ day of ___________, 20 ___ at
____________________.
______________________
Branch Clerk of Court

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ANNEX "C"
People of the Philippines
vs.
____________________

Civil/Criminal Case No. __________

MINUTES OF PRELIMINARY CONFERENCE

For the Prosecution:
________________________
________________________
Assisted by:
________________________
________________________

For the Defense:

_____________________
_____________________
Assisted by:
_____________________
_____________________

Marking of Documentary Evidence:

For the Plaintiff/Prosecution: For the Defendant/Accused:
1.
1.
2.
2.
3.
3.
4.
4.
Genuineness and Due Execution Admitted:
For the Plaintiff/Prosecution: For the Defendant/Accused:
1.
1.
2.
2.
3.
3.
4.
4.
Listing of Witnesses and Object Evidence:
For the Plaintiff/Prosecution: For the Defendant/Accused:
Witnesses:
Witnesses:
1.
1.
2.
2.
3.
3.
4.
4.
Object Evidence:
For the Plaintiff/Prosecution: For the Defendant/Accused:
1.
1.
2.
2.
3.
3.
4.
4.
Possibility of Settlement:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

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Stipulation of Facts:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
Other Matters:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

CONFORME:
_________________
Plaintiff/Prosecution

___________________
Defendant/Accused

Assisted by: Assisted by:

_________________

___________________

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ANNEX "D"
Republic of the Philippines
______ Judicial Region
Regional Trial Court
Branch ___
NAMES(s) OF PLAINTIFF/S,
Plaintiff/s,
- versus - Case No. _____
NAME(s) OF DEFENDANT/S,
Defendant/s.
x-----------------------------------------x
PRE-TRIAL ORDER
I.
II.
A.
B.

Summary of the Case

Preliminary Matters
Amendments allowed in the pleadings
Rulings on all objections to or comments on admissibility of any
documentary or other evidence
C.
Other matters taken up in conference not covered by the
subsequent items and actions taken thereon
III.
Statement of the Facts
A.
Admitted
B.
Disputed
1.
Version of the Plaintiff
2.
Version of the Defendant
IV.
Issues to be Resolved
A.
Factual
B.
Legal
V.
Applicable Laws
VI.
Evidence for the Parties
No evidence shall be allowed to be presented and offered during
the trial in support of a party's evidence-in-chief other than those that
had been identified below and pre-marked during the pre-trial. Any
other evidence not indicated or listed below shall be considered waived
by the parties. However, the Court, in its discretion, may allow
introduction of additional evidence in the following cases:
(a) those to be used on cross-examination or re-crossexamination for impeachment purposes;
(b) those presented on re-direct examination to explain or
supplement the answers of a witness during the cross-examination;
(c) those to be utilized for rebuttal or sur-rebuttal purposes; and
(d) those not available during the pre-trial proceedings despite
due diligence on the part of the party offering the same.
All documentary evidence have already been pre-marked and copies
thereof, after comparison with the original, have been given the other
party or such party has been given an opportunity to examine the same
in cases when generating copies proves impractical.
A.
Evidence of the Plaintiff
1.
Documentary Evidence

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a)
Exhibit _________
(1)
Title
(2)
Brief Description
(3)
Purpose
(b)
Exhibit _______
(1)
Title
(2)
Brief Description
(3)
Purpose
(Additional documentary evidence shall be similarly presented)
2.
Testimonial Evidence
(a)
Name of First Witness
(1)
Purpose of the testimony
(2)
Estimated length of testimony
(b)
Name of Second Witness
(1)
Purpose of the testimony
(2)
Estimated length of testimony
(Additional witnesses shall be similarly presented)
3.
Other Evidence
B.
Evidence of the Defendant
1.
Documentary Evidence
a)
Exhibit _______
(1)
Title
(2)
Brief Description
(3)
Purpose
(b)
Exhibit ________
(1)
Title
(2)
Brief Description
(3)
Purpose
(Additional documentary evidence shall be similarly presented)
2.
Testimonial Evidence
(a)
Name of First Witness
(1)
Purpose of the testimony
(2)
Estimated length of testimony
(b)
Name of Second Witness
(1)
Purpose of the testimony
(2)
Estimated length of testimony
(Additional witnesses shall be similarly presented)
3.
Other Evidence
VII. Hearing Dates
(These hearing dates, from the completion at the pre-trial, shall be
strictly followed and all postponements by either party shall be
deducted from such party's allotted time to present evidence.)
A.
Schedule of Plaintiff 's Presentation of Evidence
Hearing Dates
1.
Testimony of Plaintiff
____________
2.
Testimony of Mr. ______ ____________
3.
Testimony of Mr. ______ ____________
4.
Offer of Evidence of
Plaintiff & Ruling ____________
B.
Schedule of Defendant's Presentation of Evidence
Hearing Dates
1.
Testimony of Defendant ____________

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2.
3.
4.
C.
1.
2.
D.
1.
2.
E.
F.

Testimony of Mr. ______ ____________

Testimony of Mr. ______ ____________
Offer of Evidence of
Defendant & Ruling
____________
Schedule of Rebuttal Evidence
Testimony of Mr. ______ ____________
Offer of Additional
Evidence & Ruling ____________
Schedule of Sur-rebuttal Evidence
Testimony of Mr. _____ ____________
Offer of Additional
Evidence & Ruling ____________
Filing of Memoranda
____________
Decision
____________

It is understood that the testimony of the witness should be completed

on the scheduled date of hearing allotted to said witness under the
One-Day Examination of Witness Rule. The Court however has the
discretion on whether or not to extend the direct and/or crossexamination of witnesses for good cause shown.
V.
Failure of the party or his counsel to comply with the
aforementioned schedule of hearings and deadlines may be a ground
for the imposition of fines and other sanctions by the court.
JUDGE

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ANNEX "E"
ORDER
Upon arraignment, the accused pleaded not guilty.
The pre-trial of this case is set on ___________________ at
_______________. The public prosecutor, the private complainant, the
accused and their counsels are required to attend the same.
The parties and their counsels are ordered to attend a preliminary
conference before the Branch COC on ________________ at
_____________ to mark the documents and substituted copies to be
attached to the records after comparison, list exhibits to be presented
and to consider other matters as may aid in its prompt disposition. Such
pre-marking shall be adopted during the pre-trial.
The parties are reminded that no evidence shall be allowed and offered
during the trial other than those identified and pre-marked during the
pre-trial except when allowed by the court for good cause shown.
SO ORDERED.
_______________
JUDGE
Footnotes
1. According to Justice Jose Y. Feria, Co-Chairman of the Revision
of the Rules of Court Committee, Rules 25 and 26 require the parties to
avail of said rules. (1997 Rules of Civil Procedure, p. 88 and p. 89,
Philippine Legal Studies, Series No. 5, 1998).
2. Administrative Circular No. 3-99 dated 15 January 1999.
3. Sec. 1, Rule 18 of the 1997 Rules of Civil Procedure.
4. Sec. 6, Rule 18 of the 1997 Rules of Civil Procedure.
5. Issuances of the Court in A.M. No. 01-10-5-SC-PHILJA dated
October 16, 2001, Administrative Circular No. 20-2002 dated April 24,
2002 and A.M. No. 04-3-15-SC-PHILJA dated March 23, 2004 relative
to the use of Alternative Dispute Resolution in Pre-Trial, particularly, on
court-annexed mediation shall continue to apply in proceedings before
pilot courts in Metro Manila, Cebu and Davao.
6. Vol. I, 2002 Revised Manual for Clerks of Court, pp. 234244.
7. Administrative Circular No. 3-99 dated 15 January 1999.
8. Ibid.
9. Administrative Circular No. 3-99 dated 15 January 1999.
10. Ibid.
11. Sec. 1, Rule 116, Revised Rules of Crim. Pro., as amended.
12. Sec. 1, Rule 118, Id.
13. Bellosillo, J., Effective Pre-trial Technique, pp. 442.
14. Id., pp. 443.
15. Id., pp. 444.
16. Id., pp. 445.
17. Bellosillo, Effective Pre-trial Technique, 1990, p. 622; Sec. 7, Rule
18, 1997 Rules of Civil Procedure; Sec. 4, Rule 118, Revised Rules of
Criminal Procedure.
07-20-2004 A.M. No. 04-2-04-SC