RULE
T R I A L
119
SECTION 1. TIME TO PREPARE FOR TRIAL.
Trial - the examination before a competent tribunal according to the laws of
the land, of the facts put in issue in a case for the purpose of determining such
issue.
The trial shall commence within 30 days from receipt of the pre-trial order.
SECTION 2. CONTINUOUS TRIAL UNTIL TERMINATED;
POSTPONEMENTS.
CONTINUOUS TRIAL SYSTEM
Trial once commenced shall continue from day to day as far as practicable
until terminated; but it may be postponed for a reasonable period of time for
good cause.
LIMITATION OF THE TRIAL PERIOD
It shall in no case exceed 180 days from the first day of the trial, except as
otherwise provided by the Supreme Court.
Requisites before a trial can be put-off on account of the absence of a witness:
1. that the witness is material and appears to the court to be so
2. that the party who applies has been guilty of no neglect
3. that the witnesses can be had at the time to which the trial is deferred and
incidentally that no similar evidence could be obtained
4. that an affidavit showing the existence of the above circumstances must be
filed.
Remedies of accused where a prosecuting officer without good cause secures
postponements of the trial of a defendant against his protest beyond a
reasonable period of time:
1. mandamus to compel a dismissal of the information
2. if he is restrained of his liberty, by habeas corpus to obtain his freedom.
The SC adopted the continuous trial system as a mode of judicial fact-finding
and adjudication conducted with speed and dispatch so that trials are held on
the scheduled dates without postponement, the factual issues for trial well-
defined at pre-trial and the whole proceedings terminated and ready for
judgment within 90 days from the date of initial hearing, unless for meritorious
reasons an extension is permitted.
The system requires that the Presiding Judge:
1. adhere faithfully to the session hours prescribed by laws;
2. maintain full control of the proceedings; and
3. effectively allocate and use time and court resources to avoid court delays.
The non-appearance of the prosecution at the trial, despite due notice, justified
a provisional dismissal or an absolute dismissal depending upon the
circumstances.
Section 4. Factors for granting continuance.
PURPOSE: To control the discretion of the judge in the grant of continuance
on his instance or on motion of any party litigant.
Section 5. Time limit following an order for new
trial.
The trial shall commence within 30 days from the date the order for a new trial
becomes final.
Section 7. Public Attorney’s duties where accused is
imprisoned.
These public attorneys enter their appearance in behalf of the accused upon
his request or that of his relative or upon being appointed as counsel de oficio
by the court.
Section 8. Sanctions.
Kinds:
a. criminal
b. administrative
c. contempt of court
Section 11. Order of
Trial
ORDER OF TRIAL:
1. The prosecution shall present evidence to prove the charge and, in the proper
case, the civil liability
2. The accused may present evidence to prove his defense and damages, if any,
arising from the issuance of a provisional remedy in the case.
3. The prosecution and the defense may, in that order, present rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing upon the main issue
4. Upon admission of the evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to submit
written memoranda.
5. When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
GENERAL RULE:
The order in the presentation of evidence must be followed. The accused may not
be required to present his evidence first before the prosecution adduces its own
proof.
EXCEPTION:
Where a reverse procedure was adopted without the objection of the defendant
and such procedure did not prejudice his substantial rights, the defect is not a
reversible error.
A departure from the order of the trial is not reversible error as where it was
agreed upon or not seasonably objected to, but not where the change in the
order of the trial was timely objected by the defense.
Where the order of the trial set forth under this section was not followed by the
court to the extent of denying the prosecution an opportunity to present its
evidence, the judgment is a nullity. (People vs. Balisacan)
Section 12. Application for examination of witness for
accused before trial.
Accused may have his witness examined conditionally in his behalf BEFORE
trial
upon motion with notice to all other parties.
The motion must state:
1. name and residence of witness
2. substance of testimony
3. witness is so sick to afford reasonable ground to believe that he will not be
able to attend the trial or resides more that 100 km and has no means to
attend the same, or other similar circumstances exist that would make him
unavailable or prevent him from attending trial.
Section 13. Examination of defense witness;
how
If the made.
court is satisfied that the examination of witness is necessary as
provided in SECTION 4, order shall be made and a copy served on the fiscal.
The examination shall be taken before any judge or if not practicable any
member of the Bar in good standing designated by the trial court, or by a
lower court designated by a court of superior jurisdiction which issue the
order.
Section 14. Bail to secure appearance of
If the court is witness.
material satisfied, upon proof or oath, that a material witness will not
testify when so required, it may on motion of either party order the witnessto
post bail in such sum as may be deemed proper. Should the witness refuse to
post such bail as required, the court may commit him to prison until he
complies or is legally discharged after his testimony has been taken.
Section 15. Examination of witness for the
prosecution.
The conditional examination of prosecution witnesses shall be conducted
before the judge or the court where the case is pending and in the presence of
the accused, unless he waived his right after reasonable notice. The accused
will have the right to cross-examine such prosecution witness, hence such
statements of the prosecution witnesses may thereafter be admissible in
behalf of or against the accused (Regalado, p. 460)
Section 16. Trial of several accused
GENERAL RULE:
When two or more persons are jointly charged with an offense, they shall be
tried jointly. This rule is so designed as to preclude a wasteful expenditure of
judicial resources and to promote an orderly and expeditious disposition of
criminal prosecutions.
EXCEPTION:
The court, upon motion of the fiscal or of any of the defendants, may order a
separate trial for one or more accused. The granting of a separate trial when
two or more defendants are jointly charged with an offense is purely
discretionary with the trial court.
The motion for separate trial must be filed BEFORE the commencement of the
trial and cannot be raised for the first time on appeal. If a separate trial is
granted, the testimony of one accused imputing the crime to his co-accused is
not admissible against the latter. In joint trial, it would be admissible if the
latter had the opportunity for cross-examination.
Section 17. Discharge of accused to be state
witness.
Motion to discharge should be made by the prosecution BEFORE resting its
case.
REQUISITES FOR DISCHARGE
1. absolute necessity for the testimony
2. no other direct evidence available for the prosecution
3. testimony can be substantially corroborated in its material points
4. accused not the most guilty
5. accused has never been convicted of an offense involving moral turpitude
Absence of any of the requisites for the discharge of a particeps criminis is a
ground for objection to the motion for his discharge, BUT such objection must
be raised BEFORE the discharge is ordered.
EFFECTS OF DISCHARGE
1. Evidence adduced in support of the discharge shall automatically form part of
the trial;
2. If the court denies the motion to discharge the accused as state witness, his
sworn statement shall be inadmissible in evidence;
3. Discharge of accused operates as an acquittal and bar to further prosecution
for the same offense.
EXCEPTIONS:
1. If the accused fails or refuses to testify against his co-accused in accordance
with his sworn statement constituting the basis of the discharge
2. Failure to testify refers exclusively to defendant’s will or fault
3. Where an accused who turns state’s evidence on a promise of immunity but
later retracts and fails to keep his part of the agreement, his confession of his
participation in the commission of the crime is admissible as evidence against
him.
Section 19. When mistake has been made in charging the
proper offense.
When the offense proved is neither included in, nor does it include, the offense
charged and is different therefrom, the court should dismiss the action and order
the filing of a new information charging the proper offense.
This rule is predicated on the fact that an accused person has the right to be
informed of the nature and cause of the accusation against him, and to convict
him of an offense different from that charged in the complaint or information
would be an unauthorized denial of that right. (U.S. vs. Campo, 23 Phil. 369)
Section 20. Appointment of acting prosecutor.
See Section 5, Rule 110.
Section 21. Exclusion of the
public.
GENERAL RULE:
The accused has the right to a public trial and under ordinary circumstances, the
court may not close the door of the courtroom to the general public.
EXCEPTION:
Where the evidence to be produced during the trial is of such character as to be
offensive to decency or public morals, the court may motu propio excludes the
public from the courtroom.
Section 22. Consolidation of trials of related
offenses.
This contemplates a situation where separate informations are filed:
1. for offenses founded on the same facts;
2. for offenses which form part of a series of offenses of similar character
Section 23. Demurrer to evidence.
After the prosecution rests its case, the court may dismiss the action on the
ground of insufficiency of evidence:
1. on its own initiative after giving the prosecution the opportunity to be
heard; or
2. upon demurrer to evidence filed by the accused with or without eave of
court.
The arrest rule allows the accused in a criminal case to present evidence
even after a motion to dismiss PROVIDED the demurrer was made with the
express consent of the court.
The filing of the motion to dismiss WITHOUT leave of court results in the
submission of the case for decision on the basis of the evidence on record and
does not lie from such order denying the motion to dismiss.
If said motion to dismiss is sustained, such dismissal being on the merits is
equivalent to an acquittal, hence the prosecution cannot appeal as it would place
the accused in double jeopardy.
An order denying a demurrer to evidence being interlocutory is NOT
APPEALABLE.
Section 24. Reopening.
At any time BEFORE finality of the judgment of conviction, the judge may,
motu propio or upon motion, with hearing in either case, reopen the
proceedings to avoid miscarriage of justice. The proceedings shall be
terminated within 30 days from the order granting it.
Thank You
FOR
REPORTERS:
LISTENING!
MABBORANG, JOHN CLAIRE
BARTOLOME, ERIN KYLE C.
TAYONG, XYRILLE G.
MALAZZAB, HANNAH MAE C.
FAO-ANAN, SEAN ZEUS B.
