What is trial?
Trial may refer to the reception of evidence and other processes. It
embraces the period for the introduction of evidence by both parties. (G.R.
No. 152154)
When does the trial commence?
Trial commences within 30 days from receipt of the pre-trial order.
What is the effect of non-compliance with the 30-day period?
General rule:
The accused can move for the dismissal of the case on the ground of
violation of his right to speedy trial if he is not brought to trial within
the required period. (Rule 119 Section 9)
Exceptions:
Rule 119 Section 3 and waiver
Section 3. Exclusions. — The following periods of delay shall be excluded
in computing the time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the
accused, including but not limited to the following:
(1) Delay resulting from an examination of the physical and mental
condition of the accused;
(2) Delay resulting from proceedings with respect to other criminal charges
against the accused;
(3) Delay resulting from extraordinary remedies against interlocutory
orders;
(4) Delay resulting from pre-trial proceedings; provided, that the delay
does not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
(6) Delay resulting from a finding of the existence of a prejudicial
question; and
(7) Delay reasonably attributable to any period, not exceed thirty (30)
days, during which any proceeding which any proceeding concerning the
accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an
essential witness.
For purposes of this subparagraph, an essential witness shall be considered
absent when his whereabouts are unknown or his whereabouts cannot be
determined by due diligence. He shall be considered unavailable whenever
his whereabouts are known but his presence for trial cannot be obtained by
due diligence.
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(c) Any period of delay resulting from the mental incompetence or physical
inability of the accused to stand trial.
(d) If the information is dismissed upon motion of the prosecution and
thereafter a charge is filed against the accused for the same offense, any
period of delay from the date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent charge had there been
no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with
a co-accused over whom the court has not acquired jurisdiction, or, as to
whom the time for trial has not run and no motion for separate trial has
been granted.
(f) Any period of delay resulting from a continuance granted by any
court motu proprio, or on motion of either the accused or his counsel, or
the prosecution, if the court granted the continuance on the basis of its
findings set forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the accused in a
speedy trial. (sec. 9, cir. 38-98)
Note:
Consideration for the Computation of Time Limit (case of gr 149802 “in
determining the right of an accused to speedy trial”)
Note:
The entire trial period shall not exceed 180 days.
Exception:
Cases authorized by the Chief Justice of the Supreme Court. (Rule 22
Section 3)
Illustrations through cases:
Imperial vs. Joson, 635 SCRA 71
Although the Revised Rules of Criminal Procedure concededly mandates
commencement of the trial within 30 days from receipt of the pre-trial
order and the continuous conduct thereof for a period not exceeding 180
days, Section 3 a (1), Rule 119 provides that delays resulting from
extraordinary remedies against interlocutory orders shall be excluded in
computing the time within which trial must commence. In determining the
right of an accused to speedy trial, moreover, courts are "required to do
more than a mathematical computation of the number of postponements of the
scheduled hearings of the case" and to give particular regard to the facts
and circumstances peculiar to each case.
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What is demurer to evidence?
Demurrer to evidence is a motion to dismiss on the ground of insufficiency
of evidence. It is a remedy available to the defendant, to the effect that
the evidence produced by the plaintiff is insufficient in point of law,
whether true or not, to make out a case or sustain an issue. 31 The
question in a demurrer to evidence is whether the plaintiff, by his
evidence in chief, had been able to establish a prima facie case. (Rep.
vs. De Borja, 814 SCRA 10 (2017))
Demurer to the evidence is an objection by one of the parties in an action,
to the effect that the evidence which his adversary produced is
insufficient in point of law, whether true or not, to make out a case or
sustain the issue. (Book)
How to file a demurer to evidence?
The accused, upon inquiry of the court, has to manifest his desire for a
leave of court to file a demurer to evidence.
Can the accused file a demurer to evidence without leave of court?
Yes.
What is the effect of filing demurer to evidence without leave of court?
The previously scheduled dates for the accused to present evidence shall
be cancelled and in the event that the demurer is subsequently denied, the
accused is deemed to have waived his right to present his evidence, and
the case will be submitted for decision on the basis of the evidence of
the prosecution.
Order denying motion for leave of court to file demurer to evidence or the
demurer to evidence itself.
The order denying the motion for leave of court to file demurer to evidence
or the demurer itself shall not be reviewable by appeal or by certiorari
before judgment.
Macapagal-Arroyo vs. People, 823 SCRA (2017) [Denial of Demurer to Evidence
being the subject of petition for certiorari]
Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been a grave abuse
of discretion amounting to lack or excess of jurisdiction on the part of
any branch or instrumentality of the Government. The exercise of this power
to correct grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government
cannot be thwarted by rules of procedure to the contrary or for the sake of
the convenience of one side. This is because the Court has the bounden
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constitutional duty to strike down grave abuse of
discretion whenever and wherever it is committed. Thus, notwithstanding
the interlocutory character and effect of the denial of the demurrers to
evidence, the petitioners as the accused could avail themselves of the
remedy of certiorari when the denial was tainted with grave abuse of
discretion.
What is the effect of granting Demurer to Evidence?
The demurrer to evidence in criminal cases, such as the one at bar, is
"filed after the prosecution had rested its case," and when the same is
granted, it calls "for an appreciation of the evidence adduced by the
prosecution and its sufficiency to warrant conviction beyond reasonable
doubt, resulting in a dismissal of the case on the merits, tantamount to
an acquittal of the accused." Such dismissal of a criminal case by the
grant of demurrer to evidence may not be appealed, for to do so would be
to place the accused in double jeopardy. The verdict being one of
acquittal, the case ends there. (People vs. Tan, 625 SCRA)
The word "trial" means proceedings in open court after the pleadings are
finished and the case is otherwise ready, down to and including the
rendition of the judgment.
When can we consider that the prosecution rest its case?
After court the ruled on the admission of the evidence offered by the
prosecution, provided that the accused was given the opportunity to object
on such offer.
