A.M. No. 15-06-10-SC Revised Guidelines for Continuous Trial of Criminal Cases OCA CIRCULAR NO. 101-2017
Applicability 1. Newly filed criminal cases 2. Governed by Special Laws and Rules a. Comprehensive Dangerous Drugs Act 2002 b. Cybercrime Prevention Act 2012 c. Rules of Procedure for Environmental Cases d. Rules of Procedure for Intellectual Property Rights Cases e. Criminal Cases cognizable by Family Courts and Commercial Courts 3. Pending criminal cases
Procedure 1. Hearing Days
a. Monday to Thursday i. 8:30 A.M. ii. 2:00 P.M. b. Friday morning (Sec 7, R 15) i. Motions ii. Arraignment iii. Pre-trial iv. Promulgation of decisions 2. Court calendars must be posted at least 1 day before the scheduled hearing
Motions
3. Motion for Inhibition (R137) a. Shall be resolved immediately or b. Within two (2) calendar days from the date of their filing
4. Prohibited Motions – denied outright before scheduled arraignment without comment and/or opposition a. Motion for judicial determination of probable cause b. Motion for preliminary investigation filed beyond the five (5) period in inquest proceedings (Sec. 6, R112) or when preliminary investigation is required (Sec. 8, R112), or allowed in inquest proceedings and the accused failed to participate in the preliminary investigation c. Motion for reinvestigation of the prosecutor recommending the filing of information once the information has been filed before the court i. If the motion is filed without prior leave of court; ii. When preliminary investigation is not required under Sec. 8, R112, and iii. When the regular PI is required and has actually been conducted, and the grounds relied upon in the motion are not meritorious 1. Not meritorious a. Issues of credibility b. Admissibility of evidence c. Innocence of the accused d. Lack of due process when the accused was actually notified iv. Motion to quash information when the ground is not one of those stated in Sec.3, R117 v. Motion for bill of particulars does not conform with Sec. 9, R116 vi. Motion to suspend the arraignment not based on grounds under Sec. 11, R116 vii. Petition to suspend the criminal action on the ground of prejudicial question, when no civil case has been filed under Sec. 7, R111 5. 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: a. 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 b. Motion to quash warrant of arrest; c. Motion to suspend arraignment on the ground of an unsound mental condition under Sec. 11 (a), R116; d. 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), R116; e. Motion to quash information on the grounds that the facts charge 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), R117 f. Motion to discharge accused as a state witness under Sec. 17, R119 g. Motion to quash search warrant under Sec. 14, R126, or motion to suppress evidence; and h. Motion to dismiss on the ground that the criminal case is a Strategic Law Suit Against Public Participation (SLAPP) under R6 of the Rules of Procedure for Environmental cases
Comment of Adverse Party – NON-EXTENDIBLE PERIOD of 10 calendar days from notice/receipt of Order of the Court to file the same and the Court shall resolve
the motion within a NON-EXTENDIBLE 10 calendar days from the expiration of the 10 day period, with or without comment.
The Court may set the motion for hearing within 10 calendar days from the expiration of the 10 day period to file comment, then it shall be submitted for resolution after the termination of the hearing, and shall be resolved within a non-extendible period of 10 calendar days thereafter. Reply and memorandum need not be submitted.
In case of MOTION TO DISCHARGE ACCUSED as state witness (Sec. 17, R119) where in 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 period of 10 calendar days thereafter.
The MR of the resolution of a meritorious motion shall be filed within a nonextendible period of 5 calendar days from receipt of such resolution, and the adverse party shall also be given 5 calendar days from receipt of the MR within which to submit its comment. The MR shall be resolved by the court within 5 calendar days from the expiration of the 5 day period to submit comment.
Motions that do not conform to the requirements stated above shall be considered unmeritorious and shall be denied outright.
6. 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. a. If granted – the moving party shall be warned that the presentation of its evidence must still be finished on the dates previously agreed upon. b. A motion for postponement, whether written or oral i. Shall be accompanied by the Original OR from the Office of the COC evidencing payment of the postponement fee under Sec. 21(b), R141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. ii. The COC shall not accept the motion unless accompanied by the OR. FREE LEGAL ASSISTANCE
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If the party fails to qualify for the availment of the services of PAO, the IBP Local Chapter shall provide free legal assistance to said party
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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.
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
CONSOLIDATIONS -
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Newly-filed Cases: o When a newly-filed criminal case involves an offense based on the same facts or which forms part of a series of offenses of similar character and the same is accompanied by a motion for consolidation by the Prosecutor, the Executive Judge shall cause the raffle to one court. The said court shall then proceed to resolve the motion, preferably on the date of arraignment and in the presence of accused and counsel. Pending Cases with Multiple Accused: o When a subsequent criminal case is filed which involves an accused who has been subjected to further investigation by the Office of the Prosecution over an incident which has the same subject matter as the prior information against the different accused, the subsequent case when accompanied by a motion for consolidation by the Prosecution shall no longer be raffled. Instead, the subsequent case shall be directly assigned to the court where the earlier case is pending
ARCHIVING OF CASES -
A criminal case may be archived only if after the issuance of the warrant of arrest, the accused remains at large for 6 months from the delivery of the warrant to the proper peace officer. The Court may likewise, motu proprio or upon motion by any party, may archive a criminal case when
proceedings are ordered suspended for an indefinite period of time for the following reasons: o The accused appears to be suffering from an unsound mental condition; o A valid prejudicial question in a civil action is invoked during the pendency of the criminal case, unless both cases are consolidated; o An interlocutory order in the criminal case is elevated to, and is pending resolution for an indefinite period before a higher court which has issued a TRO; and o When the accused has jumped bail before arraignment and cannot be arrested by the bondsman. REVIVAL OF PROVISIONALLY DISMISSED CASES -
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Offenses punishable by imprisonment not exceeding 6 years or a fine of any amount or both shall become permanent after the lapse of 1 year of the order provisionally dismissing the case without the same having been revived. Offenses punishable by imprisonment of more than 6 years shall become permanent after the lapse of two years after the issuance of the order without being revived.
ARRAIGNMENT AND PRE-TRIAL -
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Schedule and Arraignment: o After the court has acquired jurisdiction over the accused, the arraignment shall be set within 10 calendar days from the date of the court’s receipt of the case o After the court has acquired jurisdiction over the accused (thru voluntary surrender or arrest), within 30 calendar days over a nondetained accused, unless otherwise provided by special law or an order from the SC o The arraignment must be set either in the commitment order (detained accused) or in the order approving bail (in any other case). Notice of Arraignment and Pre-Trial
The notice of arraignment shall be sent to the following as appearing in the information, for purposes of plea-bargaining, arraignment, and pre-trial: Accused; Counsel of accused; Private complainant or complaining law enforcement agent; Public prosecutor; and Witnesses Waiver of Reading of Information o The court, upon full examination of the accused, may allow a waiver of the reading of the information upon the full understanding and express consent of the following, which shall be stated in the minutes/certificate of arraignment and order of arraignment: Counsel; and Accused o The waiver shall be explained to the accused by the court in the language or dialect known to him Arraignment Proper o Plea Bargaining except in Drug Cases: Where the accused desires to enter to plea bargain to a lesser offense, the same shall immediately proceed provided the following persons are present to give their consent, with the conformity of the public prosecutor: o
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The arresting officer (victimless crimes) Where the above conditions are met, judgment shall be rendered immediately. Plea of Guilty to the Crime Charged in the Information: Judgment shall immediately be rendered except in capital offenses No Plea Bargaining or Plea of Guilty: The court shall immediately proceed with the arraignment and pre-trial Schedule of trial dates shall be continuous and within the provided periods under the regular rules/special rules. However, the same
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Private offended party (in private crimes); or
may be shortened depending on the number of witnesses to be presented. FLOW CHART (Based on the Sample provided in Circular No. 101-2017) -
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Regular Rules o Arraignment within 30 days from the date the court acquires jurisdiction over the accused; o Pre-Trial within 30 days from the date the court acquires jurisdiction over the accused, provided, the same is after arraignment; o Presentation of the Prosecution’s and Accused’s Evidence shall not exceed 180 days from the first date of trial o Promulgation is within 90 days from submission of the case for resolution Special Laws/Rules o Drugs Cases: Trial should be finished not later than 60 days from filing of the information Decision to be rendered within 15 days from submission for resolution o Environmental Cases Arraignment within 30 days from the date the court acquires jurisdiction over the accused; Pre-Trial within 30 days from the date the court acquires jurisdiction over the accused, provided, the same is after arraignment; Trial period shall not exceed 3 months Submission of Memorandum within 30 days from the end of trial Decision within 60 days from the last day to file Memorandum o Intellectual Property Rights Arraignment within 30 days from the date the court acquires jurisdiction over the accused;
Pre-Trial within 30 days from the date the court acquires jurisdiction over the accused, provided, the same is after arraignment; Parties are given 60 days each to present evidence; Submission of Memorandum within 30 days from the end of trial Judgment to be rendered within 90 days from submission of the case for resolution Arraignment and Pre-Trial of Cases Referred to Mediation Arraignment within 30 days from the date the court acquires jurisdiction over the accused; Pre-Trial within 30 days from the date the court acquires jurisdiction over the accused, provided, the same is after arraignment; Mediation proceedings not to exceed 30 days; Presentation of the Prosec ution’s and Accused’s Evidence shall not exceed 180 days from the first date of trial Judgment to be rendered within 90 days from submission of the case for resolution
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Arraignment and Preliminary Conference of Mediatable Cases subject to the Rule on Summary Procedure o Arraignment and preliminary conference shall be simultaneously held If accused pleads guilty – See Plea of Guilty to the Crime Charged in the Information If accused pleads guilty to a lesser offense – See Plea Bargaining except in Drug Cases If accused does not enter a plea of guilty – Proceed with arraignment and preliminary conference and thereafter, refer the case for mediation
FLOW CHART (Based on the Sample provided in Circular No. 101-2017)
