I. Applicability
The
Revised Guidelines for Continuous Trial of Criminal Cases (Revised Guidelines)
shall apply to all newly-filed criminal cases, including those governed by
Special Laws and Rules,
in the First and Second Level Courts, the Sandiganbayan and the Court of Tax
Appeals as of effectivity date. The Revised Guidelines shall also apply to
pending criminal cases with respect “to the remainder of the proceedings.
Unless
otherwise specifically provided herein, the Revised Guidelines shall not apply
to criminal cases filed under the Rule on Summary Procedure.
II. Objectives
1.
To protect and advance the constitutional right of persons to a speedy disposition
of their criminal cases;
2.
To reinforce and give teeth to the existing rules on criminal procedure and _
other special rules prescribing periods for court action and those which — promote
speedy disposition of criminal cases; and
3.
To introduce innovations and best practices for the benefit of the parties.
III. Procedure
1.
Hearing Days and Calendar Call |
Trial
shall be held from Monday to Thursday, and courts shall call the cases at
exactly 8:30 A.M. and 2:00 P.M., pursuant to Administrative Circular No. 3-99.
Hearing on motions, arraignment and pre- trial, and promulgation of decisions
shall be held in the morning of Fridays, pursuant to Sec. 7, Rule 15 of the
Rules of Court.
All
courts shall ensure the posting of their court calendars outside their
courtrooms at least one (1) day before the scheduled hearings, pursuant to OCA Circular
No. 250-2015.
2.
Motions
(a)
Motion for Inhibition. - Motions for inhibition based on grounds provided for
under Rule 137 shall be resolved immediately or within two (2) calendar days
from date of their filing.
(b)
Prohibited Motions. - Prohibited motions shall be denied outright before the
scheduled arraignment without need of comment and/or opposition.
The
following motions are prohibited:
i.
Motion for judicial determination of probable cause.
ii.
Motion for preliminary investigation filed beyond the five (5)-day reglementary
period in inquest proceedings under Sec. 6, Rule 112, or when preliminary
investigation is required under Sec. 8, Rule 112, or allowed in inquest proceedings
and the accused failed to participate in the preliminary investigation despite
due notice.
iii.
Motion for reinvestigation of the prosecutor recommending the filing of
information once the. information has been filed before the court (1) if the
motion is filed without prior leave of court; (2) when preliminary investigation
is not required under Sec. 8, Rule 112; and (3) when the regular preliminary
investigation is required and has been actually conducted, and the grounds
relied upon in the motion are not meritorious, such as issues of credibility, admissibility
of evidence, innocence of the accused, or lack of due process when the accused
was actually notified, among others.
iv.
Motion to quash information when the ground is not one of those stated in Sec.
3, Rule 117.
v.
Motion for bill of particulars that does not conform to Sec. 9, Rule 116.
vi.
Motion to suspend the arraignment based on grounds not stated under Sec. 11,
Rule 116.
vii.
Petition to suspend the criminal action on the ground of prejudicial question,
when no civil case has been filed, pursuant to Sec. 7, Rule 111.
(c)
Meritorious Motions. - Motions that allege plausible grounds supported by
relevant documents and/or competent evidence, except those that are already covered
by the Revised Guidelines, are meritorious motions, such as: .
i.
Motion to withdraw information, or to downgrade the charge in the original information,
or to exclude an accused originally charged therein, filed by the prosecution
as a result of a reinvestigation, reconsideration, and review;
ii. Motion
to quash warrant of arrest;
iii.
Motion to suspend arraignment on the ground of an unsound mental condition
under Sec, 11(a), Rule 116;
iv.
Motion to suspend proceedings on the ground of a prejudicial question where a
civil case was filed prior to the criminal case under Sec. 11(b), Rule 116;
v.
Motion to quash information on the grounds that the facts charged do not constitute
an offense, lack of jurisdiction, extinction of criminal action or liability,
or double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule 117;
vi.
Motion to discharge accused as a state witness under Sec. 17, Rule 119;
vii.
Motion to quash search warrant under Sec. 14, Rule 126, or motion to suppress evidence;
and
viii.
Motion to dismiss on the ground that the criminal case is a Strategic Law Suit
Against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure for
Environmental Cases.
The
comment of the adverse party shall be filed within a non-extendible period of
ten (10) calendar days from notice/receipt of the order of the court to file
the same, and the court shall resolve the motion within a non-extendible period
of ten (10) calendar days from the expiration of the ten (10)-day period, with
or without comment. The court, at its discretion, may set the motion for
hearing within a non- extendible period of ten (10) calendar days from the expiration
of the ten (10)-day period to file comment, in ‘which case the same shall be
submitted for resolution after the termination of the hearing, and shall be
resolved within a non-extendible period of ten (10) calendar days thereafter.
Reply and memorandum need not be submitted.
In
case of a motion to discharge accused as state witness under Sec. 17, Rule 119,
where the prosecution is required to present evidence in support thereof, such
motion shall be submitted for resolution from the termination of the hearing, and
shall be resolved within a non-extendible period of ten (10) calendar days
thereafter.
The
motion for reconsideration of the resolution of a meritorious motion shall be filed
within a non-extendible period of five (5) calendar days from receipt of such
resolution, and the adverse party shall be given an equal period of five (5) calendar
days from receipt of the motion for reconsideration within which to submit its
comment. Thereafter, the motion for reconsideration shall be resolved by the
court within a non-extendible period of five (5) calendar days from the
expiration of the five (5)-day period to submit the comment.
Motions
that do not conform to the requirements stated above shall be considered unmeritorious
and shall be denied outright.
(d)
Motion for postponement. - A motion for postponement is prohibited, except if
it is based on acts of God, force majeure or physical inability of the witness
to appear and testify. If the motion is granted based on such exceptions, the
moving party shall be warned that the presentation of its evidence must still
be finished on the dates previously agreed upon.
A
motion for postponement, whether written or oral, shall at all times be accompanied
by the original official receipt from the Office of the Clerk of Court
evidencing payment of the postponement fee under Sec. 21 (b), Rule 141, to be
submitted either at the time of the filing of said motion or not later than the
next hearing date. The Clerk of Court shall not accept the motion unless accompanied
by the original receipt.
3.
Free Legal Assistance
If
a party fails to qualify for the availment of the services of the Public Attorney’s
Office, the Integrated Bar of the Philippines Local Chapter shall provide free
legal assistance to said party. For this purpose, the IBP Local Chapter shall
submit to the Executive Judges a list of IBP-local lawyers who may be appointed
by the courts to act as counsel de officio in such cases. The lists shall be
disseminated among all the trial courts in the station.
4.
Private Prosecutor
In
cases where only the civil liability is being prosecuted by a private
prosecutor, the head of the prosecution office must issue in favor of the
private prosecutor a written authority to try the case even in the absence of the
public prosecutor. The written authority must be submitted to the court prior
to the presentation of evidence by the private prosecutor in accordance with
Sec. 5, Rule 110.
With
this authority on record, the court may set the trial in the case and in other
cases tried by private prosecutors with delegated authority on separate days
when the presence of the public prosecutor may be dispensed with.
5. Consolidations
(a)
Newly-filed Cases. - When newly-filed criminal cases involving offenses based
on the same facts or forming part of a series of offenses of similar character,
are accompanied by a motion for consolidation filed by the Office of the
Prosecutor, the Executive Judge shall cause the raffle to only one court which
shall then resolve said motion for consolidation, preferably on the date of the
arraignment and in the presence of the accused and counsel. .
(b)
Pending Cases with Multiple Accused. ~ In cases involving multiple accused
where a subsequent information is filed involving an accused who has been
subjected to further investigation by the Office of the Prosecutor over an
incident which has the same subject matter as a prior information/s against different
accused, said subsequent case when filed accompanied by a motion for
consolidation from the Office of the Prosecutor shall no longer be raffled. The
subsequent case shall be assigned directly by the Executive Judge to the court
where the earlier case is pending. If the earlier case is already at the trial stage
and witnesses have been presented, the parties may be allowed to adopt the
evidence so far presented, without prejudice to additional direct examination
questions and cross examination questions.
6.
Archiving of Cases
The
archiving of cases shall be done within the period prescribed under the
Guidelines in the Archiving of Cases under SC Administrative Circular No.
7-A-92, as restated in OCA Circular No. 89-2004. A criminal case shall be
archived only if, after the issuance of the warrant of arrest, the accused
remains at large for six (6) months from the delivery of the warrant to the
proper peace officer. Such case shall likewise be archived when proceedings
therein are ordered suspended for an indefinite period because:
(a)
the accused appears to be suffering from an unsound mental condition which
effectively renders him unable to fully understand the charge against him and
to plead intelligently, or to undergo trial, and he has to be committed to a
mental hospital;
(b)
a valid prejudicial question in a civil action is invoked during the pendency
of the criminal case, unless the civil and criminal cases are consolidated;
(c)
an interlocutory order or incident in the criminal case is elevated to, and is
pending resolution/ decision for an indefinite period before a higher court
which has issued a temporary restraining order or writ of preliminary
injunction; and
(d) when
the accused has jumped bail before arraignment and cannot be arrested by the bondsman.
7. Revival
of Provisionally Dismissed Cases .
Revival
of provisionally dismissed cases shall conform to the requisites and the
periods provided for under Sec. 8, Rule 117. Provisional dismissal of offenses
punishable by imprisonment not exceeding six (6) years or a fine of any amount
or both shall become permanent one (1) year after issuance of the order without
the case having been revived. Provisional dismissal of offenses punishable by imprisonment
of more than six (6) years, shall become permanent two (2) years after the
issuance of the order without the case having been revived.
8.
Arraignment and Pre-trial
(a)
Schedule of Arraignment and Pre-trial. - Once the court has acquired
jurisdiction over the person of the accused, the arraignment of the accused and
the pre- trial shall be set within ten (10) calendar days from date of the
court’s receipt of the case for a detained accused, and within thirty (0)
calendar days from the date the court acquires jurisdiction (either by arrest
or voluntary surrender) over a non-detained accused, unless a shorter period is
provided by special law or Supreme Court circular.
The
court must set the arraignment of the accused in the commitment order, in the
case of detained accused, or in the order of approval of bail, in any other
case. For this purpose, where the Executive Judge and Pairing Judges act on
bail applications in cases assigned to other courts, they shall coordinate with
the courts to which the cases are actually assigned for scheduling purposes.
(b)
Notice of Arraignment and Pre-Trial. - Notice of arraignment and pre-trial
shall be sent to the accused, his/her counsel, private complainant or complaining
law enforcement agent, public prosecutor, and witnesses whose names appear in the
information for purposes of plea-bargaining, arraignment and pre-trial.
(c)
Waiver of Reading of the Information. - In multiple cases, the court, upon
personal examination of the accused, may allow a waiver of the reading of the information
upon the full understanding and express consent of the accused and his/her
counsel, which consent shall be expressly stated in both the minutes/certificate
of arraignment and the order of arraignment. The court shall explain the waiver
to the accused in the language or dialect known to him/her, and ensure the
accused’s full understanding of the consequences of the waiver before approving
the same. (See Annex 1) |
(d)
Arraignment Proper
i.
Plea Bargaining Except in Drug Cases. - If the accused desires to enter a plea
of guilty to a lesser offense, plea bargaining shall immediately proceed,
provided the private offended party in private crimes, or the arresting officer
in victimless crimes, is present to give his/her consent with the conformity of
the public prosecutor to the - plea bargaining. Thereafter, judgment shall be
immediately rendered in the same proceedings. (See Annexes 2 and 3)
ii.
Plea of Guilty to the Crime Charged in the Information. - If the accused pleads
guilty to the crime charged in the information, judgment shall be immediately
rendered, except in those cases involving capital punishment.(See Annex 4)
iii.
Where No Plea Bargaining or Plea of Guilty Takes Place. - If the accused does
not enter a plea of guilty, whether to a lesser offense or to the offense charged
in the information, the court shall immediately proceed with the arraignment
and the pre- trial, in accordance with the succeeding provisions on pre-trial.
The
schedule of the trial dates, for both the prosecution and the accused, shall be
continuous and within the periods provided in the Regular Rules/Special Rules.
The trial dates may be shortened depending on the number of witnesses to be
presented. In this regard, a flowchart shall be prepared by the court which
shall serve as the final schedule of hearings. (See Annexes 5 and 6)
Sample of flowcharts
A. Regular Rules
B. Special Laws/Rules
1. Drug Cases
2. Environmental Cases
3. Intellectual Property
Rights Cases
4. Arraignment and Pre-trial
of Cases Referred to Mediation
(e)
Arraignment and Preliminary . Conference of Mediatable Cases subject to the
Rule on Summary Procedure
The arraignment
and preliminary conference shall be simultaneously held, and the court shall take
up all the matters required under Sec. 14, Rule on Summary Procedure during the
preliminary conference.
i.
If the accused pleads guilty to the crime charged in the information,
subheading Ill, item no. 8, subparagraph (d) ii (Plea of Guilty to the Crime
Charged in the Information) shall be followed.
ii.
If the accused pleads guilty to a lesser offense, subheading UI, item no. 8, subparagraph
(d)ii (Plea Bargaining except in Drug Cases) shall be followed.
iii.
If the accused does not enter a plea of guilty, whether to a lesser offense or
to the offense charged in the information, the court shall immediately proceed
with the arraignment and _ the preliminary conference, and thereafter refer the
case to mediation. (See Annex 7)
Sample flow chart
Rule on Summary Procedure of
Criminal Cases referred to Mediation
(f)
Conduct of Pre-trial
i.
Absence of parties. - The court shall proceed with the pre-trial despite the absence
of the accused and/or private complainant, provided they were duly notified of
the same, and the counsel for the accused, as well as the public prosecutor,
are present.
ii.
Stipulations. - Proposals for stipulations shall be done with the active
participation of the court itself and shall not be left alone to the counsels.
iii.
Marking of evidence. - The documentary evidence of the prosecution and the accused
shall be marked.
iv.
Pre-trial Order. - The pre-trial Order shall immediately be served upon the parties
and counsel on the same day after the termination, of the pre-trial.
v.
Compliance with Rules. - Courts must strictly comply with the Guidelines to be Observed
in the Conduct of Pre-Trial under A.M. No. 03-1-09-SC.
9.
Mediation
(a)
The following cases shall be referred to mediation on the civil liability
unless a settlement is reached earlier in the pre-trial/preliminary conference:
i.
Crimes where payment may prevent ‘criminal prosecution or may extinguish criminal
liability, such as violations of:
a.
B.P. Blg. 22;
b.
SSS Law (R.A. No. 1161, as amended by R.A No. 8282); and
c.
PAG-IBIG Law (R.A. No. 9679).
ii.
Crimes against property under Title 10 of the Revised Penal Code (RPC), where the
obligation may be civil in nature, such as:
a.
Theft under Art. 308, RPC, cognizable by the first level courts;
b.
Estafa under Art. 315(1), RPC, except estafa under Art. 315 (2) and (3);
c. Other
forms of swindling under Art. 316, RPC;
d. Swindling
of a minor under Art. 317, RPC;
e. Other
deceits under Art. 318, RPC; and
f. Malicious
mischief under Art. 327, RPC.
iii.
Crimes against honor under Title 13, RPC, where the liability may be civil in nature,
such as:
a. Libel by means of writings or similar means
under Art. 355, RPC;
b. Threatening to publish and offer to present
such publication for a compensation under Art. 356, RPC;
c. Prohibited publication of acts referred to in
the course of official proceedings under Art. 357, RPC;
d. Grave Slander (Grave Oral Defamation) - of
serious and insulting nature under Art. 358, par. 1, RPC:
e. Simple Slander (Oral Defamation) - not of a
serious and insulting nature under Art. 358, par. 2, RPC;
f. Grave Slander by Deed - of a serious nature
under Art. 359, par. 1, RPC;
g. Simple Slander by Deed - not of a serious
nature under Art. 359, par. 2, RPC;
h. Incriminating innocent person under Art. 363,
RPC;
i. Intriguing against honor under Art. 364, RPC;
iv. Libel
under R.A. 10175 (Cybercrime Prevention Act of 2012) where the liability may be
civil in nature;
v.
Criminal negligence under Title 14, RPC, where the liability may be civil in nature;
and
vi.
Intellectual property rights cases where the liability may be civil in nature.
(b)
The referral of the case for mediation to the Philippine Mediation Center (PMC)
Unit shall be made only after the conduct of the arraignment and the
pre-trial/preliminary conference. The court shall serve the Order of Referral
to the PMC Unit immediately after the arraignment. and the pre-trial/preliminary
conference.
The
mediation shall be terminated within a non-extendible period of thirty (30)
calendar days from the date of referral by the court to the PMC Unit. After the
lapse of the mediation period or if mediation fails, trial shall proceed.
Except
those cases mentioned above, criminal cases subject to the Rule on Summary
Procedure shall not be referred to mediation.
10.
Bail
(a)
Petition for bail Petition for bail filed after the filing of the information
shall be set for summary hearing after arraignment and pre-trial. Testimony of a
witness in petition for bail may be in the form allowed by subheading II, item
no. 11, par. b (Form of Testimony) of the Revised Guidelines, provided that the
demeanor of the witness is not essential in determining his/her credibility.
Petition
for bail shall be heard and resolved within a non-extendible period of thirty
(30) calendar days from date of the first hearing, except in drug cases which
shall be heard and resolved within twenty (20) calendar days, without need of oral
argument and submission of memoranda, consistent with the summary ‘nature of
the proceedings. (See Annexes 8-A and 8-B)
Motion
for reconsideration on the resolution of petition for bail shall be resolved
within a non- extendible period of ten (10) calendar days from date of
submission of the motion.
Sample flowcharts with
Petition for Bail
A. Regular Rules
B. Drug Cases
(b)
Evidence in petition for bail
The
resolution of petition for bail shall be based solely on the evidence presented
during the bail proceedings by the prosecution. The . prosecution shall present
only pieces of evidence that are essential in establishing that the evidence of
guilt is strong. The accused need not present evidence to contradict or rebut
the prosecution’s evidence.
(c)
Non-suspension of the presentation of evidence
The court shall not suspend the
presentation of the evidence in chief while awaiting resolution of the petition
for bail or the motion for reconsideration.
11.Form
of Testimony
(a)
For First Level Courts
In
all criminal cases, including those covered by the Rule on Summary Procedure,
the testimonies of witnesses shall consist of the duly subscribed written
statements given to law enforcement or peace officers or the affidavits or counter-affidavits
submitted before the investigating prosecutor, and if such are not available,
testimonies shall be in the form of judicial affidavits, subject to additional
direct and cross-examination questions.
The
trial prosecutor may dispense with the sworn written statements submitted to
the law enforcement or peace officers and prepare the judicial affidavits of
the affiants or modify or revise the said sworn statements before presenting it
as evidence.
(b)
For Second Level Courts, Sandiganbayan and Court of Tax Appeals
In
criminal cases where the demeanor of the witness is not essential in
determining the credibility of said witness, such as forensic chemists,
medico-legal officers, investigators, auditors, accountants, engineers, custodians,
expert witnesses and other similar witnesses, who will testify on the
authenticity, due execution and the contents of public documents and reports,
and in criminal cases that are transactional in character, such as
falsification, malversation, estafa, or other crimes where the culpability or innocence
of the accused can be established through documents, the testimonies of the witnesses
shall be the duly subscribed written statements given to law enforcement or
peace officers or the affidavits or counter-affidavits submitted before the
investigating prosecutor, and if such are not available, testimonies shall be
in the form of judicial affidavits, subject to additional direct and
cross-examination questions.
In
all other cases where the culpability or the innocence of the accused is based
on the testimonies of the alleged eyewitnesses, the testimonies of these
witnesses shall be in oral form.
12.
Stipulations
During
pre-trial/ preliminary conference, the court shall require the parties to enter
into stipulations on the subject of both direct and cross- examinations of
witnesses who have no personal knowledge of the material facts constituting the
crimes, such as forensic chemists, medico-legal officers, investigators,
auditors, accountants, engineers, custodians, expert witnesses and other similar
witnesses, who will testify on the authenticity, due execution and the contents
of public documents and reports; corroborative witnesses; and those who will
testify on the civil liability.
This
rule is without prejudice to allowing additional direct and cross-examination
questions.
If
stipulations cannot be had in full, where the adverse party does not waive the
right to cross- examination, the subject of the direct testimony of these
witnesses should be stipulated upon, without prejudice to additional direct and
cross- examination questions.
13.
Trial
(a)
The court shall encourage the accused and the prosecution to avail of:
i.
For the accused - Secs. 12 and 13, Rule 119 on the application for examination
of witness for accused before trial and how it is made; and
ii.
For the prosecution - Sec. 15, Rule 119 on the conditional examination of witness
for the prosecution.
(b)
Absence of counsel de parte. - In the absence of counsel de parte,
the hearing shall proceed upon appointment by the court of a counsel de officio.
(c)
Offer of evidence. - The offer of evidence, the comment/ objection thereto, and
the court ruling shall be made orally. A party is required to make his/her oral
offer of evidence on the same day after the presentation of his/her last witness,
and the opposing party is required to immediately interpose his/her oral
comment/ objection thereto. Thereafter, the court shall make a ruling on the offer
of evidence in open court.
In
making the offer, the counsel shall cite the specific page numbers of the court
record where the exhibits being offered are found, if attached thereto. The court
shall ensure that all exhibits offered are submitted to it on the same day of
the offer.
If
the exhibits are not attached to the record, the party making the offer must
submit the same during the offer of evidence in open court.
(d)
Demurrer to Evidence. - After the prosecution has rested its case, the court
shall inquire from the accused if he/she desires to move for leave of court to
file a demurrer to evidence, or to. proceed with the presentation of his/her
evidence. (See Annex 9)
If
the accused orally moves for leave of court to file a demurrer to. evidence,
the court shall orally resolve the same. If the motion for leave is denied, the
court shall issue an order for the accused to present and terminate his/her
evidence on the dates previously scheduled and agreed upon, and to orally offer
and rest his/her case on the day his/her last witness is presented.
If
despite the denial of the motion for leave, the accused insists on filing the
demurrer to evidence, the previously scheduled dates for the accused to present
evidence shall be cancelled.
The
demurrer to evidence shall be filed within a non-extendible period of ten (10)
calendar days from the date leave of court is granted, and the corresponding
comment shall be filed within a non-extendible period of ten (10) calendar days
counted from date of receipt of the demurrer to evidence. The demurrer shall be
resolved by the court within a non-extendible period of thirty (30) calendar
days from date of the filing of the comment or lapse of the ten (10)-day period
to file the same.
If
the motion for leave of court to file demurrer to evidence is granted, and the subsequent
demurrer to evidence is denied, the accused shall likewise present and
terminate his/her evidence (one day apart, morning and afternoon) and shall
orally offer and rest his/her case on the day his/her last witness is presented.
The court shall rule on the oral offer of evidence of the accused and the
comment or objection of the prosecution on the same day of the offer. If the court
denies the motion to present rebuttal evidence because it is no longer
necessary, it shall consider the case submitted for decision. (See Annex 10).
(e)
Presentation of Rebuttal and Sur-rebuttal Evidence. - If the court grants the
motion to present rebuttal evidence, the prosecution shall immediately proceed
with its presentation after the accused had rested his/her case, and orally
rest its case in rebuttal after the presentation of its last rebuttal witness,
Thereafter, the accused shall immediately present sur-rebuttal evidence, if
there is any, and orally rest the case in sur-rebuttal after the presentation
of its last sur-rebuttal witness. Thereafter, the court shall submit the case
for decision. (See Annexes 11 to 13).
(f)
One-day examination of witness rule. -The court shall strictly adhere to the
rule that a witness has to be fully examined in one (1) day.
14.
Memoranda
The
submission of memoranda is discretionary on the part of the court, which in no case
shall exceed twenty-five (25) pages in length, single-spaced, on legal size
paper, using size 14 font. The period to submit memoranda shall be non-extendible
and shall not suspend the running of the period of promulgation of the
decision; thus, with or without memoranda, the promulgation shall push through
as scheduled.
15.
Lack of Stenographic Notes
Judges
who conducted the trial and heard the testimonies of some or all of the
witnesses shall not defer the submission of the case for decision on the ground
of incomplete or missing transcript of stenographic notes. If the case was_
heard completely by another judge, not the judge tasked to write the decision,
the latter shall direct the stenographers concerned to submit the complete transcripts
within a period of thirty (30) calendar days from date of his/her assumption to
office.
16.
Promulgation
(a)
Schedule of promulgation. - The court shall announce in open court and include
in the order submitting the case for decision, the date of the promulgation of
its decision which shall not be more than ninety (90) calendar days from the
date the case is submitted for decision,
except when the case is covered by Special Rules and other laws which provide
for a shorter period.
(b)
Resolution of motion for reconsideration of judgment of conviction or motion
for new trial. - A motion for reconsideration of judgment of conviction or
motion for new trial under Rule 121 filed within the reglementary period of
fifteen (15) days from promulgation shall be resolved within a non-extendible
period of ten (10) calendar days from the submission of the comment of the prosecution.
With or without comment, the court shall resolve the motion within the ten
(10)-day period. |
17.
Inventory of Criminal Cases
The
one (1) week of each semester devoted for the conduct of annual and semi-annual
physical inventory of cases and preparation of the semestral docket inventory
report pursuant to Administrative Circular No. 76-2007 shall not suspend court
hearings.
18.
Posting
The
Revised Guidelines shall be posted at all floors of the covered halls of justice,
the Sandiganbayan, the Court of Tax Appeals and the offices of their respective
Clerks of Court, including all offices of the Integrated Bar of the Philippines
and other Bar associations.
IV. Monitoring, Evaluation
and Training
The
application of and adherence to the Revised Guidelines shall be subject to
periodic monitoring by the Committee and its Technical staff by visitation and
submission of data.
For
this purpose, all courts covered by the Revised. Guidelines shall accomplish
and submit a periodic report of data in a form to be generated and distributed
by the Committee.
Training
of judges and court personnel shall be undertaken by the PHILJA in coordination
with the Committee and its Technical staff.
V. Effect of Non-Compliance
Non-compliance
with the Revised Guidelines, including failure to observe the timelines and deadlines
herein provided, is a ground for disciplinary action.
VI. Repealing Clause
Existing
rules and guidelines inconsistent with the Revised Guidelines are deemed
amended or repealed.
VII. Effectivity
The
Revised Guidelines shall take effect on 1 September 2017, after publication for
two (2) consecutive weeks in two (2) newspapers of general circulation.
ANNEX
1
Template; Waiver of Reading
of Informations:
“I
hereby voluntarily waive the reading of the Informations with full
comprehension of the consequences thereof, and that I understand the nature of
the charges against me as alleged in the Informations, as the same were read
and explained to me earlier by the court and my counsel in a language or
dialect known and understood by me.
Accused
Signed
in the presence of:
Public
Prosecutor Counsel
de parte/de officio”
ANNEX 2
Template Judgement; Plea to
a Lesser Offense; Non-Detention Prisoners:
"When
the accused was arraigned for the lesser crime of _______________, by reading
the Information in a language or dialect known and understood by the accused,
assisted by his/her counsel de officio/de parte (name of counsel),
accused, entered a plea of guilty. The private complainant (name of
complainant) consented to* and the public prosecutor (name of prosecutor)
conformed with the accused pleading guilty to a lesser offense.
WHEREFORE,
judgment is hereby rendered finding the accused (name of the accused) guilty
beyond reasonable doubt of the crime of ___________, defined and penalized
under _______________, and is hereby sentenced to suffer the penalty** of _______________.
The
accused is further ordered to pay (name of private complainant/s or heirs of
private complainant/s) the amount/s of __________________ (as civil indemnity,
actual, moral, and/or exemplary damages) with legal interest at the rate of six
percent (6%) per annum on all damages awarded from finality of this judgment
until fully paid.***
SO
ORDERED."
* If victimless crime, the
consent should be given by the arresting officer.
** It may be a straight penalty
if imposed by the First Level Court and the penalty is one (1) year or less.
But, if imposed by the Second Level Court, the penalty must provide for a
minimum period and a maximum period, unless the applicable penalty is one (1)
year or less.
*** Delete if civil
liability is waived or when it is a victimless crime.
ANNEX
3
Template Judgment; Plea to a
Lesser Offense; Detention Prisoner:
"When
the accused was arraigned for the lesser crime of _____________, by reading the
Information in a language or dialect known and understood by the accused,
assisted by his/her counsel de officio/de parte (name of counsel), accused
entered a plea of guilty. The private complainant (name of complainant)
consented* to and the public prosecutor (name of prosecutor) conformed with the
accused pleading guilty to a lesser offense.
WHEREFORE,
judgment is hereby rendered finding the accused (name of the accused) guilty
beyond reasonable doubt of the crime of _____________defined and penalized under
_____________and is hereby sentenced to suffer the indeterminate penalty** of ________________.
The
accused is further ordered to pay (name of private complainant/s or heirs of
private complainant/s) the amount/s of _________________ (as civil indemnity,
actual, moral, and/or exemplary damages), with legal interest at the rate of six
(6%) per annum on all damages awarded from finality of this judgment until
fully paid.***
The
period within which the accused was detained shall be credited to him in full,
as long as he abides by and follows strictly the rules and regulations of the institution
where he is detained or confined.****
SO
ORDERED."
* If victimless crime, the
consent should be given by the arresting officer.
** It may be a straight
penalty if imposed by the First Level Court and the penalty is one (1) year or
less. But, if imposed by the Second Level Court, the penalty must provide for a
minimum period and a maximum period, unless the applicable penalty is one (1)
year or less.
*** Delete if civil
liability is waived or when it is a victimless crime.
**** Applicable to detention
prisoner.
ANNEX
4
Template Judgment; Plea of
Guilty to the Crime Charged; Detention Prisoner:
"When
the accused was arraigned by reading the Information in the language or dialect
known and understood by him/her, assisted by his/her counsel de officio/de
parte (name of counsel), the accused entered a plea of guilty. When
queried, the accused and his/her counsel informed the court that the accused
fully understands the nature and consequence of his entering a plea of guilty
to the crime charged in the Information.
WHEREFORE,
judgment is hereby rendered finding the accused (name of the accused) guilty
beyond reasonable doubt of the crime ___________, as defined and penalized
under _____________ and there being one (1) mitigating circumstance of plea of
guilty as provided for in Paragraph 7 of Article 13 of the Revised Penal Code,*
is hereby sentenced to suffer the indeterminate penalty** of ______________.
The
accused is further ordered to pay (name of private complainant/s or heirs of
private complainant/s) the amount/s of ___________________ (as civil indemnity,
actual, moral, and/or exemplary damages), with legal interest at the rate of
six (6%) per annum on all damages awarded from finality of this judgment until
fully paid.***
The
period within which the accused was detained shall be credited to him in full,
as long as he abided by and strictly followed the rules and regulations of the
institution where he was detained or confined.****
SO
ORDERED."
* Only in those crimes where
plea of guilty is allowed as a mitigating circumstance.
** It may be a straight
penalty if imposed by the First Level Court and the penalty is one (1) year or
less. But, if imposed by the Second Level Court, the penalty must provide for a
minimum period and a maximum period.
*** Delete if civil
liability is waived or when it is a victimless crime.
**** Delete if accused is
not a detention prisoner.
ANNEX
5
Template Order When there is
No Plea Bargaining or Plea of Guilty but the case is referred for mediation:
"When
the accused (name of accused), assisted by his/her counsel de parte/de
officio (name of counsel), was arraigned by reading to him/her the
Information in a language or dialect known and understood by him/her, said
accused entered the plea of Not Guilty.
Thereafter,
pre-trial proceeded and the parties took up the following matters:
(Indicate
matters taken up in line with Rule 118 on Pre-Trial, including the form of
testimony as provided under subheading III, item no. 11, par. (b) of the
Revised Guidelines)
Trial
shall proceed on __________________, all at 8:30 in the morning and 2:00 in the
afternoon, for the prosecution to present and terminate its evidence; and on ______________,
all at 8:30 in the morning and 2:00 in the afternoon, for the defense to
present and terminate its evidence.*
The
trial dates are final and intransferrable, and no motions for postponement that
are dilatory in character shall be entertained by the court. If such motions
are granted in exceptional cases, the postponement/s by either party shall be
deducted from such party’s allotted time to present evidence.
The
parties are hereby ordered to immediately proceed and personally appear at the
Philippine Mediation Center located at (PMC Unit) today, (date today), with or
without their counsel/s, for mediation proceedings. The assigned Mediator is ordered
to submit a report to this court on the results of the mediation based on the
factual and legal issues to be resolved within a non-extendible period of
thirty (30) calendar days from the date of the court's referral of this case to
the PMC Unit.
Should
mediation fail after the lapse of the said 30-day period, the parties are
ordered to appear before the court so that the trial shall proceed on the trial
dates indicated above.
Failure
of the party or his/her counsel to comply with the aforementioned schedule of
hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court.
The accused (name of accused), his counsel (name of counsel), public prosecutor
(name of prosecutor), and the witness (name of witness) are hereby notified of
this Order in open court. The court shall no longer issue a subpoena to the
parties present today.
SO ORDERED."
*This will depend on the
number of witnesses listed in the information. It is suggested that for every
witness, two (2) trial dates should be allotted. The trial dates should likewise
be one (1) day apart.
ANNEX
6
Template Order When there is
No Plea Bargaining or Plea of Guilty and the case is not referred for
mediation:
"When
the accused (name of accused), assisted by his/her counsel de parte/de
officio (name), was arraigned by reading to him/her the Information in a
language or dialect known and understood by him/her, said accused entered the
plea of Not Guilty.
Thereafter,
pre-trial proceeded and the parties took up the following matters:
(Indicate matters taken up
in line with Rule 118 on Pre-trial, including the form of testimony as provided
under subheading III, Item No. 11, par. (b) of the Revised Guidelines)
Trial shall proceed on ______________,
all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution to
present and terminate its evidence; and on ______________, all at 8:30 in the morning
and 2:00 in the afternoon, for the defense to present and terminate its
evidence.*
The
trial dates are final and intransferrable, and no motions for postponement that
are dilatory in character shall be entertained by the court. If such motions
are granted in exceptional cases, the postponements/s by either party shall be
deducted from such party’s allotted time to present evidence.
Failure
of the party or his/her counsel to comply with the aforementioned schedule of
hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court.
The
accused (name of accused), his counsel (name of counsel), public prosecutor
(name of prosecutor), and the witness (name of witness) are hereby notified of
this Order in open court. The court shall no longer issue a subpoena to the
parties present today.
SO
ORDERED."
*This will depend on the number
of witnesses listed in the information. It is suggested that for every witness,
two (2) trial dates should be allotted. The trial dates should likewise be one
(1) day apart, morning and afternoon.
ANNEX
7
Template Order; No Plea
Bargaining or Plea of Guilty; Case Covered by the Rule on Summary Procedure is
referred for mediation:
“When
the accused (name), assisted by his/her counsel de parte/de officio (name),
was arraigned by reading to him/her the Information in a language or dialect
known and understood by him/her, said accused entered the plea of Not Guilty.
Thereafter,
preliminary conference proceeded and the parties took up the following matters:
(Indicate matters taken up
in line with Section 14 of the Rule on Summary Procedure)
Trial will proceed on ______________,
all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution of
present and terminate its evidence; and on ______________, all at 8:30 in the
morning and 2:00 in the afternoon, for the defense to present and terminate its
evidence.”
The
trial dates are final and intransferable, and no motions for postponement that
are dilatory. in character shall be entertained by the court. If such motions
are granted in exceptional cases, the postponement/s by either party shall be
deducted from such party’s allotted time to present evidence.*
The
parties are hereby ordered to immediately proceed and personally appear at the
Philippine Mediation Center located at ______________ (PMC Unit) today, (date
today), with or without their counsel/s, for mediation proceedings. The assigned
Mediator is -ordered to submit a report to this court on the results of the mediation
based on the factual and legal issues to be resolved within a non-extendible
period of thirty (30) calendar days from the date of the court's referral of
this case to the PMC Unit.
Should
mediation fail after the lapse of the said 30-day period, the parties are
ordered to appear before the court so that the trial shall proceed on the trial
dates indicated above.
Failure
of the party or his/her counsel to comply with the aforementioned schedule of
hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court.
The accused (name), his/her counsel (name), public prosecutor (name), and the
witness (name) are hereby notified of this Order in open court. The court shall
no longer issue subpoena to the parties present today.
SO
ORDERED.”
* This will depend on the
number of witnesses listed in the information. It is suggested that for every
witness, two (2) trial dates should be allotted. The trial dates should
likewise be one (1) day apart.
ANNEX
8-A
Template Order; Petition for
Bail: Ordinary Cases
“When
the accused (name), assisted by his/her counsel de parte/de officio
(name), was arraigned by reading to him/her the Information in a language or
dialect known and understood by him/her, said accused entered the plea of Not
Guilty.
Thereafter,
pre-trial proceeded and the parties took up the following matters:
(Indicate
matters taken up in line with Rule 118 on Pre-trial, including the form of
testimony as provided under subheading III, item no. 11 (b) of the Revised
Guidelines)
The
petition for bail shall be heard summarily on ______________ (Within 30 days
from conclusion of the arraignment and pre-trial, 1 day apart each, both at
8:30 in the morning and 2:00 in the afternoon, and must be terminated within
the 30 days from the first hearing date.)
The
trial for the presentation and reception of the Prosecution’s evidence-in-chief
shall proceed on ______________. (The first trial date shall be immediately after
the expiration of the 30-day period to hear and resolve the petition for bail,
and next trial dates shall be 1 day apart each, but shall in no case exceed 60
days.)
The
accused shall present and terminate its evidence on ______________. (Trial dates
shall likewise be 1 day apart each, but not to exceed 90 days.)
The
hearing and trial dates are final and intransferrable, and no motions for
postponement that are dilatory in character shall be entertained by the court.
If such motions are granted in exceptional cases, the postponement/s by either
party shall be deducted from such party’s allotted time to present evidence.
Failure
of the party or his/her counsel to comply with the aforementioned schedule of
hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court.
The
accused (name of accused), his counsel (name of counsel), public prosecutor
(name of prosecutor), and the witness (name of witness) are hereby notified of
this Order in open court. The court shall no longer issue a subpoena to the
parties present today.
SO
ORDERED.”
ANNEX
8-B
Template Order; Petition for
Bail: Drug Cases
“When
the accused (name), assisted by his/her counsel de parte/de officio
(name), was arraigned by reading to him/her the Information in a language or
dialect known and understood by him/her, said accused entered the plea of Not
Guilty.
Thereafter,
pre-trial proceeded and the parties took up the following matters:
(Indicate
matters taken up in line with Rule 118 on Pre-trial, including the form of
testimony as provided under subheading III, item no. 11 (b) of the Revised Guidelines)
The
petition for bail shall be heard summarily on ______________. (The hearing and
the resolution of the petition shall be within 20 days from arraignment and
pre-trial, and the hearing dates shall be 1 day apart each, both at 8:30 in the
morning and 2:00 in the afternoon.)
The
trial for the presentation and reception of the Prosecution’s evidence-in-chief
shall proceed on ______________. (The first trial date shall be immediately
after the expiration of the 20-day period to hear and resolve the petition for
bail, and next trial dates shall be 1 day apart each, but shall in no case
exceed 5 days.)
The
accused shall present and terminate its evidence on ______________. (Trial dates
shall likewise be 1 day apart each, but not to exceed 25 days.)
The
hearing and trial dates are final and intransferrable, and no motions for
postponement that are dilatory in character shall be entertained by the court.
If such motions are granted in exceptional cases, the postponement/s by either
party shall be deducted from such party’s allotted time to present evidence.
Failure
of the party or his/her counsel to comply with the aforementioned schedule of
hearings and deadlines shall be a ground for the imposition of fines and other
sanctions by the court.
The
accused (name of accused), his counsel (name of counsel), public prosecutor
(name of prosecutor), and the witness (name of witness) are hereby notified of
this Order in open court. The court shall no longer issue a subpoena to the
parties present today.
SO
ORDERED.”
ANNEX
9
Template Order on Resting
the Case of the Prosecution:
"After
the prosecution rested its case today, trial shall proceed on ______________, as
previously scheduled for the accused to present and terminate his evidence, of
which dates and time, the accused, his /her counsel and the prosecutor are
already notified in open court.
SO
ORDERED."
ANNEX
10
Template Order on Resting
the Case of the Accused; Case is Submitted for Decision:
"After
the presentation of its last witness, the defense rested its case. There being
no rebuttal evidence to be presented by the prosecution, the court considers
the case submitted for decision. The promulgation of the decision of this case
is hereby set on ______________, of which date and time,* the accused, his/her
counsel, and the prosecution are already notified of this order in open court
this morning.
SO
ORDERED."
*Should not be more than ninety
(90) days from the submission of the case for decision for regular cases;
fifteen (15) days from the date of submission of the case for resolution for
drug cases; sixty (60) days counted from the last day of the 30-day period to
file the memoranda for environmental cases; 60 days from the time the case is submitted
for decision, with or without the memoranda for intellectual property cases;
and others that may be provided in new Rules and Laws.
ANNEX
11
Template Order on Resting
the Case of the Accused when Motion to File Memoranda is Granted; Case is Submitted
for Decision:
"After
the accused rested his/her case today and there being no rebuttal evidence to
be presented by the prosecution, the court considers the case submitted for
decision.
As prayed
for, the parties are hereby given thirty (0) days from today within which to
submit their respective memoranda.
With
or without memoranda, the promulgation of the decision of this case is hereby
set on ______________, of which date and time,* the accused, his/her counsel
and the public prosecutor, are already notified of this order in open court.
SO
ORDERED."
* Should not be more than
ninety (90) days from the submission of the case for decision for regular cases
ANNEX
12
Template Order on
Presentation and Offer of Rebuttal Evidence of Prosecution:
"After
the accused rested his/her case today, the presentation of rebuttal evidence of
the prosecution is hereby set on / and the presentation of surrebuttal evidence
of the accused is hereby set on ______________, as previously scheduled.
SO
ORDERED."
·
After the presentation of the rebuttal
witness, the prosecution should orally offer its evidence in rebuttal and the
counsel for the accused should immediately raise his objections or comments,
the court shall resolve the offer and respective objection or comment, and
thereafter, start with the presentation of the surrebuttal witness.
ANNEX 13
Template Order on
Presentation and Offer of Surrebuttal Evidence of the Accused:
"After
the accused rested his/her evidence on surrebuttal, the court considers the
case submitted for decision. The promulgation is hereby set on ______________,*
of which date and time, accused and his/her counsel and the prosecution are
already notified of this order in open court this morning.
SO
ORDERED."
* Should not be more than ninety
(90) days from the submission of the case for decision for regular cases.
Comprehensive
Dangerous Drugs Act of 2002, Cybercrime Prevention Act of 2012, Rules of
Procedure for Environmental Cases, Rules of Procedure for Intellectual Property
Rights Cases, and Criminal Cases cognizable by Family Courts and Commercial
Courts.
For
those covered by Special Laws and Rules:
a) Drug cases ~ fifteen (15)
days from the date of submission for resolution of the case;
b) Environmental cases -
sixty (60) days from the last day of the 30-day period to file the memoranda;
c) Intellectual Property
Rights cases - 60 days from the time the case is submitted for decision, with
or without the memoranda; and.
d) Others that may be
provided in other Rules and Laws.
