In the Philippines, a pre-trial brief in a criminal case is a legal document filed by the
prosecution and defense before the actual trial begins. The pre-trial brief serves as a summary of
the case, outlining the legal and factual issues that will be addressed during the trial. Here is a
general outline of what a pre-trial brief in a criminal case might include:
1. Case Information:
Court name and location
Case number
Names of the parties involved (prosecution and defense)
2. Statement of the Case:
Brief summary of the charges against the defendant
Overview of the alleged criminal acts committed by the defendant
Legal provisions violated
3. List of Witnesses:
Names, addresses, and contact information of witnesses the prosecution intends to call
during the trial
Brief description of their expected testimony
4. Documentary Evidence:
List of documents, photographs, videos, or other physical evidence that the prosecution
plans to present during the trial
Description of each piece of evidence and its relevance to the case
5. Legal Issues:
Identification of legal issues that the parties anticipate will arise during the trial
Arguments related to the admissibility of evidence
Points of law that may be disputed
6. Proposed Stipulations:
Agreements between the prosecution and defense on certain facts or issues, to
streamline the trial process
7. Motions in Limine:
Requests to the court to exclude specific evidence or testimony from the trial
8. Statement of Facts:
Detailed account of the events leading to the alleged crime, as per the prosecution's
perspective
9. Relief Sought:
The specific outcome or verdict that the prosecution is seeking in the case (e.g., guilty
verdict, sentencing)
Both the prosecution and the defense typically prepare their respective pre-trial briefs and
submit them to the court before the scheduled pre-trial conference. The pre-trial conference is a
meeting between the judge, prosecution, and defense attorneys to discuss the case, resolve any
preliminary issues, and streamline the trial process. The pre-trial briefs provide a roadmap for
the trial proceedings and help the court efficiently manage the case.
This is a general example to help you understand the structure and content of a pre-trial
brief.
[Your Name] [Your Address] [City, Postal Code] [Email Address] [Phone Number] [Date]
[Judge's Full Name] [Judge's Designation] [Name of the Court] [Court Address] [City, Postal
Code]
Re: Criminal Case No. [Case Number] – People of the Philippines vs. [Defendant's Full
Name]
PRE-TRIAL BRIEF
I. Case Information: Court: [Court Name] Case Number: [Case Number] Parties:
Plaintiff: People of the Philippines, represented by [Prosecutor's Full Name]
Defendant: [Defendant's Full Name]
II. Statement of the Case: The defendant, [Defendant's Full Name], is charged with [Brief
Description of Charges, e.g., "murder in violation of Article 248 of the Revised Penal Code"].
III. List of Witnesses:
1. [Prosecution Witness Name] Address: [Witness Address] Contact: [Witness Phone
Number] Testimony: [Brief description of expected testimony]
2. [Another Prosecution Witness Name] Address: [Witness Address] Contact: [Witness
Phone Number] Testimony: [Brief description of expected testimony]
IV. Documentary Evidence:
1. Exhibit A: [Description of Document]
2. Exhibit B: [Description of Photograph]
3. Exhibit C: [Description of Video Evidence]
V. Legal Issues:
1. Admissibility of [Specific Evidence]: The prosecution anticipates that the admissibility of
[specific evidence] may be challenged. However, the prosecution asserts that said
evidence is relevant to the case and should be admitted.
2. [Any other legal issues anticipated in the case]
VI. Proposed Stipulations: The parties propose the following stipulations of fact to expedite
the trial proceedings:
1. Both parties stipulate that [Fact to be Stipulated].
VII. Motions in Limine: The prosecution intends to file a motion in limine to exclude any
evidence or testimony that is irrelevant, prejudicial, or inadmissible under the rules of evidence.
VIII. Statement of Facts: On [Date of the Incident], the defendant, [Defendant's Name],
allegedly [Brief description of the alleged criminal act]. The prosecution will present evidence
and witnesses to establish the defendant's guilt beyond a reasonable doubt.
IX. Relief Sought: The prosecution seeks a verdict of guilty for the defendant, [Defendant's Full
Name], on the charges of [Charges]. The prosecution requests the appropriate penalty under the
law.
Respectfully submitted,
[Your Full Name] [Your Designation, if applicable] [Your Law Firm, if applicable] [Your Signature]
Please note that this is a general template, and it should be customized based on the
specific requirements of the case and the court where the document is being filed. It's
important to consult with a legal professional to ensure that the pre-trial brief is prepared
accurately and in compliance with the relevant legal standards and procedures.
Pre-trial Brief: Contents; Time of Filing; Effect of Failure to File
Section 6. Pre-trial brief. — The parties shall file with the court and serve on the
adverse party, in such manner as shall ensure their receipt thereof 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 amicable settlement or alternative
modes of dispute resolution, indicating the desired terms thereof;
(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;
(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, and the substance of their respective
testimonies.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the
pre-trial. (Rule 18, Rules of Court)
When must the pre-trial brief be filed?
A pre-trial brief must be filed at least three (3) days before the pre-trial. Meaning that, at least three (3)
days before the pre-trial, the pre-trial brief must have already been filed and served on the adverse
party. (Sec. 6, Rule 18, Rules of Court).
What should be contained in the pre-trial brief?
The pre-trial brief shall contain the following matters:
1. A statement of their willingness to enter into an amicable settlement or alternative modes of
dispute resolution, indicating the desired terms thereof;
2. A summary of admitted facts and proposed stipulation of facts;
3. The issues to be tried or resolved;
4. The documents or exhibits to be presented, stating the purposes thereof;
5. A manifestation of their having availed of or their intention to avail of the discovery procedures
or referral to commissioners; and
6. The number and names of the witnesses, and the substance of their respective testimonies (Sec. 6,
Rule 18, Rules of Court).
What is the effect of failure to file a pre-trial brief?
The failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial (Sec. 6,
Rule 18, Rules of Court). Hence, if it is the plaintiff who fails to file a pre-trial brief, his complaint may be
dismissed. If it is the defendant who fails to do so, such failure shall be cause to allow the plaintiff to
present his evidence ex parte. Note: A pre-trial brief is not required in a criminal case.
