Salient features of the Revised Guidelines for Continuous Trial of Criminal Cases By Jose Rene G. Dondoyano May Dondoyano May 24th, 20! Sour"e# htt$#%%i& htt$#%%i&$'n."om%20 $'n."om%20!%0(%24%revised)*u !%0(%24%revised)*uidelines)fo idelines)for)"ontinu r)"ontinuous)trial)o ous)trial)of)"riminal) f)"riminal)"ases% "ases% 1. It applies to all newly-filed criminal cases, including those governed by Special Laws and Rules1, in the First and Second Level ourts, the Sandiganbayan and the ourt of !a" !a" #ppeals. It also applies to pending criminal cases with respect to the remainder of the proceedings. It shall not apply to cases under the Rule on Summary $rocedure. %. !rial shall be held from &onday to !hursday at e"actly '()* #.&. and %(** $.&%. $.&%. +earing on motions, arraignment and pre-trial, and promulgation of udgment of decisions are in the morning of Fridays.) ). &otions for inhibitions based on Rule 1) shall be resolved immediately or within two calendar days from filing. . $rohibited motions shall be denied outright before the arraignment without need of comment. /. !he following are the prohibited motions( 1. &otion udicial determination of probable cause. %. &otion for preliminary investigation filed beyond the five 0/ day period in in2uest proceedingsor when preliminary investigation investigation is re2uired/ or allowed in in2uest proceedings and the accused failed to participate despite due notice. ). &otion for reinvestigation of the prosecutor who recommends the filing of the information once the information has been filed before the court 01 if the motion is filed without prior leave 0% when preliminary investigation is re2uired and has been actually conducted, and the grounds relied upon in the motion are not meritorious, such as issues of credibility credibility,, admissibility of evidence, innocence of the accused, or lac3 of due process when the accused was actually notified, among others. . &otion to 2uash information when the ground is not one of those stated in the rules.4 /. &otion for bill of particulars that does not conform to the rules. 4. &otion to suspend arraignment based on grounds not stated by the rules'. . $etition to suspend criminal action based o n preudicial 2uestion when no civil case has been filed5. 4. &otion for postponement is prohibited, e"cept if it is based on acts of 6od, force maeure or physical inability of the witness to appear and testify. testify. If the motion is granted based on said e"ceptions, the moving party shall be warned that the presentation of its evidence must still be finished on the dates previously agreed upon. # motion motion for postponement shall at all times be paid with the 7ffice of the ler3 of ourt. !he 8ranch 7 shall not accept the motion unless accompanied by the original receipt. . If a party fails to 2ualify for $#7 services, the I8$ shall provide free legal assistance to the party. !he I8$ shall submit the list of lawyers to the 9"ecutive :udge for possible appointment as counsel d e officio in such cases. '. ;here only the civil liability is being prosecuted, the head of the prosecution office may issue a written authority to a private prosecutor who may prosecute in the absence of the public prosecutor.1* 5. onsolidation of cases may be done even before raffling provided a motion for consolidation accompanies the filing before the 7ffice of the ler3 of ourt. If a new case is filed involving an accused who has been subected sub ected to further investigation by the office of the prosecutor over an incident involving the same subect matter as that of the already raffled information, the new case shall be assigned directly to the court where the earlier case is pending, provided, there is a motion for consolidation from the office
of the prosecutor that accompanies its filing in court. !he proceedings already had in the old case may be adopted. 1*. #rchiving of cases shall be done within the period prescribed under the guidelines11. # criminal case shall be archived only if, after the issuance of the warrant of arrest, the accused remains at large for si" 04 months from the delivery of the warrant to the proper peace officer. Such case may li3ewise 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, b. a valid preudicial 2uestion in a civil action is invo3ed during the pendency of the criminal case, c. an interlocutory order or incident in the criminal case is elevated to a higher court which issued a !R7 or writ of preliminary inunction, d. when the accused has umped bail before arraignment and cannot be arrested by the bondsman. 11. #rraignment and $re-trial shall be set within ten 01* calendar days from date of the courther counsel, private complainant or complaining law enforcement a gent, public prosecutor, and witnesses whose n ames appear in the information for purposes o f plea-bargaining, arraignment and pre-trial. 1%. In multiple cases, the court, upon personal e"amination of the accused may allow a waiver of the reading of the information upon the full understanding and e"press consent of the accused and his>her counsel, which consent shall be e "pressly stated in both the minutes>certificate of arraignment and the order of arraignment. 1). $lea bargaining e"cept in drug cases shall immediately proceed, provided the private offended part in private crimes, or the arresting officer in victimless crimes, is present to g ive his>her consent with the conformity of the public prosecutor. !hereafter, udgment shall immediately be rendered in the same proceedings. 1. If the accused pleads guilty to the crime charged in the information, udgment shall be immediately rendered, e"cept in those cases involving capital punishment. 1/. If no plea bargaining or plea of guilty, the court shall immediately proceed with the arraignment and the pre-trial. !he 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. !he trial dates may be shortened depending on the number of witnesses to be presented.From the time of the arraignment and pre-trial, it shall be set for trial within thirty 0)* days. !rial on the merits shall be conducted for a period of si" 04 months only and promulgation of udgment is set within ninety 05* days from submission of the case for decision for regular rules. For drug cases, trial shall be finished not later than si"ty 04* days from filing of the information. ?ecision shall be rendered within fifteen 01/ days from submission of case for decision. For environmental cases, from arraignment and pre-trial, it shall be set for hearing within thirty 0)* days. !rial on the merits shall be conducted for a period of three 0) months then filing of memoranda is within thirty 0)* days and the decision shall be rendered within si"ty 04* days from the last day to file memoranda. ?isposition period shall be within ten 01* months from date of arraignment. For intellectual property right cases, from arraignment and pre-trial, it shall be set for hearing within thirty 0)* days. !rial on the merits shall be conducted for a period of si"ty 04* days then filing of memoranda is within thirty 0)* days and the udgment shall be rendered within ninety 05* days from submission of case
for decision. 14. $re-trial shall proceed even in the absence of parties provided, they were notified and the counsel for the accused and the public prosecutor are present. !he documentary evidence for both parties shall be mar3ed. !he pre-trial order shall immediately be served upon the parties and counsel on the same day after the termination of the pre-trial. ourts must strictly comply with the rules.1% 1. !he following shall be referred to mediation( a. 8.$ 8lg %%. b. SSS Law1). c. $ag-Ibig Law.1 d. !heft under #rt. )*', R$. e. 9stafa under #rt. )1/01, R$, e"cept estafa under #rt. )1/ 0% and 0). f. 7ther forms of swindling under #rt. )14, R$. g. Swindling of a minor under #rt. )1, R$. h. 7ther deceits under #rt. )1', R$. i. &alicious &ischief under #rt. )%, R$. . Libel by means of writings or similar means under #rt )//, R$. 3. !hreatening to publish and offer to present such publication for a compensation under #rt. )/4, R$. l. $rohibited publication of acts referred to in co urse of official proceedings under #rt. )/, R$. m. 6rave Slander 06rave 7ral ?efamation- of serious and insulting nature under #rt. )/', par. 1, R$. n. Simple Slander 0 7ral ?efamation- not of a serious and insulting nature under #rt. )/', R$. o. 6rave Slander by ?eed- of a serious nature under #rt. )/5, par. 1, R$. p. Simple Slander by ?eed- not of a serious nature under #rt. )/5, par. %, R$. 2. Incriminating innocent person u nder #rt. )4), R$. r. Intriguing against honour under #rt. )4, R$. s. Libel under R.#. 1*1/ 0ybercrime $revention #ct of %*1% where the liability may be civil in nature. t. riminal negligence under !itle 1, R$, where the liability may be civil in nature, and u. Intellectual property rights cases where the liability may be civil in nature. 1'. !he referral of the case for mediation shall be made only after the arraignment and the pretrial>preliminary conference. !he mediation shall be terminated within a non-e"tendible period of thirty 0)* calendar days. 9"cept those case mentioned above, criminal cases under the Rule on Summary $rocedure shall not be referred to mediation.
15. $etition for bail filed after the filing of the information shall be set for summary hearing after arraignment and pre-trial. It shall be heard and resolved within a non-e"tendible period of thirty 0)* days from the date of the first hearing, e"cept in drug cases which shall be heard and resolved within twenty 0%* calendar days. !he accused need not present evidence to rebut the prosecutionpreliminary conference, the court shall re2uire the parties to stipulate on the testimonies of witnesses who have no p ersonal 3nowledge of the material facts constituting the crimes, such as, forensic chemists, medico-legal officers, investigators, auditors, accountants, engineers, custodians, e"pert witnesses and other similar witnesses, who will testify o n the authenticity, due e"ecution and the contents of public documents and reports@ corroborative witnesses@ and those who will testify on the civil liability. !his is without preudice to additional direct and cross e"amination 2uestions. %). !he court shall encourage the accused and the prosecution to avail of Secs. 1% and 1) and 1/, Rule 115 of the Rules of ourt1/. %. In the absence of the counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de officio. %/. !he offer of evidence, the comment>obection thereto, and the court ruling thereto shall be made orally in open court on the same day after the presentation of the last witness either for the prosecution or for the defence. !he court shall ensure that the offered evidence are submitted to court on the same day it is offered. %4. !he court shall in2uire from the accused his>her desire to move for leave of court to file demurrer to evidence or to proceed in presenting his>her evidence. 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 agreed upon, and to orally offer and rest his>her case on the day his>her last witness is presented. If accused insists on filing the demurrer to evidence without leave, the previously scheduled dates for the accused to present evidence shall be cancelled. !he demurrer shall be resolved by the court within a none"tendible period of thirty 0)* calendar days from the date of the filing of the comment or lapse of the ten 01*-day period to comment. If the motion for leave of court to file demurrer to evidence is granted, and the demurrer to evidence is denied, the accused shall li3ewise 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.
%. !he court shall strictly adhere to the rule that a witness has to be fully e"amined in one 01 day. %'. !he submission of memoranda is discretionary on the part of the court which in no case shall e"ceed twenty-five 0%/ pages in length, single-spaced, on legal siAe paper, using siAe 1 font. Its filing is none"tendible and shall not suspend the running of the period of promulgation of the decision. %5. :udges who conducted the trial and heard the testimonies of witnesses shall submit the case for decision even if the transcript of stenographic notes are incomplete or missing. If the case was heard completely by another udge, not the udge tas3ed to write the decision, the latter shall direct the stenographers concerned to submit the complete transcripts within the period of thirty 0)* calendar days from date of his>her assumption to o ffice. )*. !he udge 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 05* calendar days from the date the case is submitted for decision, e"cept when the case is covered by special Rules and other laws which provide for a shorter p eriod. )1. # motion for reconsideration of udgment of conviction or motion for new trial under Rule 1 %1 filed within the reglementary period of fifteen 01/ days from promulgation shall be resolved within a none"tendible period of ten 01* calendar days from the submission of the comment of the prosecution or even in the absence of comment. )%. !he physical inventory of cases and preparation of the semestral report14 shall not suspend court hearings. )). #ll courts covered by the Revised 6uidelines shall accomplish and submit a periodic report of data in a form to be generated and distributed by the ommittee. ). =on-compliance with the Revised 6uidelines, including failure to observe the timelines and deadlines herein provided, is a ground for disciplinary action. Endnotes(
1. R.#. 514/, ybercrime $revention #ct of %*1%, Rules of $rocedure for 9nvironmental ases, Rules of $rocedure for Intellectual $roperty Rights ases, and riminal ases cogniAable by the Family ourts and ommercial ourts. %. #dmin. ircular =o. )-55. ). Sec. , Rule 1/ of the Rules of ourt. . Sec. 4, Rule 11% /. Sec. ', Rule 11%. 4. Sec. ), Rule 11. . Sec. 5, Rule 114. '. Sec. 11, Rule 114. 5. Sec. , Rule 111. 1*. Sec. /, Rule 11*. 11. S #dmin. ircular =o. -#- 5%@ 7# ircular =o. '5-%**.
1%. #&. =o. *)-1- *5-S. 1). R.#. =o. 1141 as amended by R.#. =o. '%'%. 1. R.#. =o. 545. 1/. Rule on the application for e"amination of witness for accused before trial and on the conditional e"amination of witness for the prosecution. 14. #dministrative ircular =o. 4-%**. " " ".B