What Is Pre-Trial in Court in the Philippines?

Pre-trial is one of those legal terms that law students often hear in class, specifically in Civil Procedure and Criminal Procedure—and many everyday Filipinos encounter in court documents—without fully understanding what it means. Is it just a meeting? Is it optional? What actually happens?

If you’re wondering what is pre-trial in court, or looking to understand the pre-trial brief rules of court, this guide is for you. Whether you’re a student, litigant, or simply curious about pre-trial court procedures in the Philippines, we’ll walk you through everything in plain language.

What Is Pre-Trial in Court?

Pre-trial is a mandatory stage in both civil and criminal cases under Philippine law. It takes place after the complaint or information is filed and after the defendant has answered or been arraigned. It’s conducted before the actual trial starts and helps parties avoid delays and settle issues early.

Legal Basis

• Civil Cases: Rule 18, Rules of Court

  • “Section 2. Nature and Purpose. — The pre-trial is mandatory and should be terminated promptly …”

• Criminal Cases: Rule 118, Rules of Court

  • “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 …”

Purpose of Pre-Trial

So why is there pre-trial at all? Simply stated, its main goals are:

• In civil cases:

  • to arrive at a possibility of an amicable settlement or of a submission to alternative modes of dispute resolution

  • simply issues;

  • to obtain stipulations or admissions of fact and of documents to avoid unnecessary proof;

  • to limit the number and identification of witnesses;

  • to determine the advisability of a preliminary reference of issues to a commissioner;

  • for the parties to mark their respective evidence, examine the adverse parties’ evidence, manifest stipulations, and reserve evidence; and

  • such other matters as may aid in the prompt disposition of the action.

• In criminal cases:

  • plea bargaining;

  • stipulation of facts; 

  • marking for identification of evidence of the parties; 

  • waiver of objections to admissibility of evidence; 

  • modification of the order of trial if the accused admits the charge but interposes a lawful defense; and

  •  such other matters will promote a fair and expeditious trial of the criminal and civil aspects of the case.

In some cases, it even leads to early case resolution without a full-blown trial.

Pre-Trial Court Procedures: What to Expect

Here’s how a typical pre-trial plays out in Philippine courts:

1. Court Sends Pre-Trial Notice

Once the initial pleadings are done, the court schedules a pre-trial conference. The notice includes the date and time, and both parties must appear with their lawyers.

Use the Philippine court directory if you’re unsure where your hearing will be held.

2. Filing of Pre-Trial Brief

Under the pre-trial brief rules of court, parties are required to file a pre-trial brief at least three (3) days before the conference. This includes:

• Summary of admitted facts

• Legal issues to be resolved

• List of evidence and witnesses

• Proposals for stipulation and settlement

Failure to file this may lead to waiver of defenses or evidence, so it’s crucial.

3. Conference Proper

During the pre-trial, the judge meets with the lawyers (and sometimes the parties) to:

• Identify and simplify issues

• Consider admissions

• Set trial dates

• Explore settlement

4. Issuance of Pre-Trial Order of Court

After the conference, the judge issues a Pre-Trial Order, which states:

• Agreed facts

• Issues to be resolved

• Evidence to be presented

• Schedule of trial dates

This order binds both parties—they can no longer raise issues or submit evidence not listed here unless the court allows it.

Civil vs. Criminal Pre-Trial

Though the objectives are similar, there are slight differences between pre-trials in civil and criminal cases:

What Happens If You Miss the Pre-Trial?

Here’s what happens when parties or lawyers don’t show up:

• Civil Case: The case may be dismissed if the plaintiff is absent. If the defendant is absent, pre-trial may proceed without them—the plaintiff may thus present their evidence ex parte i.e. without notice or participation of the other party.

• Criminal Case: If the accused fails to appear, the court may issue a warrant of arrest and cancel bail.

Bottom line? Show up and come prepared.

If you're unsure what to expect during court appearances, check out our full guide on attending court hearings.

What Is a Pre-Trial Brief? (And How to Write One)

A pre-trial brief is like your roadmap for the case. It must contain:

• Statement of the case

• Admitted facts and proposed stipulations

• Legal issues to be resolved

• Evidence (documents and witnesses)

• Proposed settlement (if any)

• Position on alternative dispute resolution

It must be filed before the hearing, or else risk being barred from presenting evidence. Think of it as a preview of your trial strategy.

Can a Pre-Trial Order Be Amended?

Yes, but only for valid reasons. A party must file a motion for leave to amend the pre-trial order. Courts are strict about this, so the best practice is to be thorough and complete in your pre-trial preparation.

Frequently Asked Questions About Pre-Trial in the Philippines

What happens after a pre-trial in the Philippines?

The judge issues a Pre-Trial Order, and the case proceeds to trial based on the agreed issues and evidence.

What if the complainant doesn’t appear?

The case may be dismissed due to lack of prosecution.

How long before a trial starts after pre-trial?

 Usually within 30 to 60 days. However, it depends on court availability.

Can a case be resolved during pre-trial?

Yes. Courts encourage settlement and may refer parties to mediation.

What is stipulated evidence?

These are facts or evidence both parties agree on, so they don’t need to be proven during trial.

Is pre-trial applicable to small claims?

No. Small claims follow a simplified process and go straight to hearing.

Further Reading

Conclusion

The pre-trial stage is one of the most important phases in court proceedings, yet many underestimate it. It’s your first opportunity to clarify, simplify, and even resolve the case before facing the full rigors of trial.

Whether you're a student, client, or litigant, understanding what is pre-trial in court allows you to approach legal proceedings with clarity and confidence. Know your rights, know the procedure and show up ready.

Bonus Tip: Use Digest.PH for Legal Prep

Need help preparing your pre-trial brief, reviewing case law, or checking Rules of Court?

With Digest.PH, you can:

• Search relevant laws and codals

• Access Supreme Court case digests

• Use AI tools to simplify legal jargon and generate drafts

Visit www.digest.ph and take control of your legal research in the Philippines.