RULE 118

Pre-Trial
Section 1. Pre-trial; mandatory in
criminal cases. In all criminal cases
cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit
Trial Court, the court shall after
arraignment and within thirty (3! days
from the date the court ac"uires
#urisdiction o$er the person of the
accused, unless a shorter period is
pro$ided for in special laws or circulars of
the Supreme Court, order a pre%trial
conference to consider the following&
(a! plea bargaining'
(b! stipulation of facts'
(c! mar(ing for identi)cation of
e$idence of the parties'
(d! wai$er of ob#ections to
admissibility of e$idence'
(e! modi)cation of the order of trial
if the accused admits the charge but
interposes a lawful defense' and
(f! such other matters as will
promote a fair and e*peditious trial
of the criminal and ci$il aspects of
the case+ (secs+ , and 3, cir+ 3-%.-!
Section 2. Pre-trial agreement+ / 0ll
agreements or admissions made or
entered during the pre%trial conference
shall be reduced in writing and signed by
the accused and counsel, otherwise, they
cannot be used against the accused+ The
agreements co$ering the matters referred
to in section 1 of this Rule shall be
appro$ed by the court+ (sec+ 2, cir+ 3-%.-!
Section 3. Non-appearance at pre-trial
conference+ / If the counsel for the
accused or the prosecutor does not appear
at the pre%trial conference and does not
o3er an acceptable e*cuse for his lac( of
cooperation, the court may impose proper
sanctions or penalties+ (se+ 4, cir+ 3-%.-!
Section 4. Pre-trial order+ / 0fter the pre%
trial conference, the court shall issue an
order reciting the actions ta(en, the facts
stipulated, and e$idence mar(ed+ Such
order shall bind the parties, limit the trial
to matters not disposed of, and control the
course of the action during the trial, unless
modi)ed by the court to pre$ent manifest
in#ustice+ (3!
RULE 119
Trial
Section 1. Time to prepare for trial+ /
0fter a plea of not guilty is entered, the
accused shall ha$e at least )fteen (14!
days to prepare for trial+ The trial shall
commence within thirty (3! days from
receipt of the pre%trial order+ (sec+ 5, cir+
3-%.-!
Section 2. Continuous trial until
terminated' postponements+ / Trial once
commenced shall continue from day to
day as far as practicable until terminated+
It may be postponed for a reasonable
period of time for good cause+ (,a!
The court shall, after consultation with the
prosecutor and defense counsel, set the
case for continuous trial on a wee(ly or
other short%term trial calendar at the
earliest possible time so as to ensure
speedy trial+ In no case shall the entire
trial period e*ceed one hundred eighty
(1-! days from the )rst day of trial,
e*cept as otherwise authorized by the
Supreme Court+ (sec+ -, cir+ 3-%.-!+
The time limitations pro$ided under this
section and the preceding section shall not
apply where special laws or circulars of the
Supreme Court pro$ide for a shorter
period of trial+ (n!
Section 3. Exclusions+ / The following
periods of delay shall be e*cluded in
1
computing the time within which trial must
commence&
(a! 0ny period of delay resulting from
other proceedings concerning the
accused, including but not limited to the
following&
(1! 6elay resulting from an
e*amination of the physical and
mental condition of the accused'
(,! 6elay resulting from proceedings
with respect to other criminal
charges against the accused'
(3! 6elay resulting from
e*traordinary remedies against
interlocutory orders'
(2! 6elay resulting from pre%trial
proceedings' pro$ided, that the
delay does not e*ceed thirty (3!
days'
(4! 6elay resulting from orders of
inhibition, or proceedings relating to
change of $enue of cases or transfer
from other courts'
(5! 6elay resulting from a )nding of
the e*istence of a pre#udicial
"uestion' and
(7! 6elay reasonably attributable to
any period, not e*ceed thirty (3!
days, during which any proceeding
which any proceeding concerning
the accused is actually under
ad$isement+
(b! 0ny period of delay resulting from the
absence or una$ailability of an essential
witness+
8or purposes of this subparagraph, an
essential witness shall be considered
absent when his whereabouts are
un(nown or his whereabouts cannot be
determined by due diligence+ 9e shall be
considered una$ailable whene$er his
whereabouts are (nown but his presence
for trial cannot be obtained by due
diligence+
(c! 0ny period of delay resulting from the
mental incompetence or physical inability
of the accused to stand trial+
(d! If the information is dismissed upon
motion of the prosecution and thereafter a
charge is )led against the accused for the
same o3ense, any period of delay from the
date the charge was dismissed to the date
the time limitation would commence to
run as to the subse"uent charge had there
been no pre$ious charge+
(e! 0 reasonable period of delay when the
accused is #oined for trial with a co%
accused o$er whom the court has not
ac"uired #urisdiction, or, as to whom the
time for trial has not run and no motion for
separate trial has been granted+
(f! 0ny period of delay resulting from a
continuance granted by any court motu
proprio, or on motion of either the accused
or his counsel, or the prosecution, if the
court granted the continuance on the
basis of its )ndings set forth in the order
that the ends of #ustice ser$ed by ta(ing
such action outweigh the best interest of
the public and the accused in a speedy
trial+ (sec+ ., cir+ 3-%.-!
Section 4. Factors for granting
continuance+ / The following factors,
among others, shall be considered by a
court in determining whether to grant a
continuance under section 3(f! of this Rule+
(a! :hether or not the failure to
grant a continuance in the
proceeding would li(ely ma(e a
continuation of such proceeding
impossible or result in a miscarriage
of #ustice' and
(b! :hether or not the case ta(en as
a whole is so no$el, unusual and
comple*, due to the number of
accused or the nature of the
prosecution, or that it is
unreasonable to e*pect ade"uate
,
preparation within the periods of
time established therein+
In addition, no continuance under section
3(f! of this Rule shall be granted because
of congestion of the court;s calendar or
lac( of diligent preparation or failure to
obtain a$ailable witnesses on the part of
the prosecutor+ (sec+ 1, cir+ 3-%.-!
Section 5. Time limit following an order
for new trial+ / If the accused is to be
tried again pursuant to an order for a new
trial, the trial shall commence within thirty
(3! days from notice of the order,
pro$ided that if the period becomes
impractical due to una$ailability of
witnesses and other factors, the court may
e*tend it but not to e*ceed one hundred
eighty (1-! days from notice of said order
for a new trial+ (sec+ 11, cir+ 3-%.-!
Section 6. Extended time limit+ /
<otwithstanding the pro$isions of section
1(g!, Rule 115 and the preceding section
1, for the )rst twel$e%calendar%month
period following its e3ecti$ity on
September 14, 1..-, the time limit with
respect to the period from arraignment to
trial imposed by said pro$ision shall be
one hundred eighty (1-! days+ 8or the
second twel$e%month period, the limit
shall be one hundred twenty (1,! days,
and for the third twel$e%month period, the
time limit shall be eighty (-! days+ (sec+
7, cir+ 3-%.-!
Section 7. Public attorney;s duties where
accused is imprisoned+ / If the public
attorney assigned to defend a person
charged with a crime (nows that the latter
is pre$enti$ely detained, either because
he is charged with a bailable crime but has
no means to post bail, or, is charged with
a non%bailable crime, or, is ser$ing a term
of imprisonment in any penal institution, it
shall be his duty to do the following&
(a! Shall promptly underta(e to
obtain the presence of the prisoner
for trial or cause a notice to be
ser$ed on the person ha$ing custody
of the prisoner re"uiring such person
to so ad$ise the prisoner of his right
to demand trial+
(b! =pon receipt of that notice, the
custodian of the prisoner shall
promptly ad$ise the prisoner of the
charge and of his right to demand
trial+ If at anytime thereafter the
prisoner informs his custodian that
he demands such trial, the latter
shall cause notice to that e3ect to
sent promptly to the public attorney+
(c! =pon receipt of such notice, the
public attorney shall promptly see(
to obtain the presence of the
prisoner for trial+
(d! :hen the custodian of the
prisoner recei$es from the public
attorney a properly supported
re"uest for the a$ailability of the
prisoner for purposes of trial, the
prisoner shall be made a$ailable
accordingly+ (sec+ 1,, cir+ 3-%.-!
Section 8. Sanctions+ / In any case in
which pri$ate counsel for the accused, the
public attorney, or the prosecutor+
(a! >nowingly allows the case to be
set for trial without disclosing that a
necessary witness would be
una$ailable for trial'
(b! 8iles a motion solely for delay
which he (nows is totally fri$olous
and without merit'
(c! Ma(es a statement for the
purpose of obtaining continuance
which he (nows to be false and
which is material to the granting of a
continuance' or
(d! :illfully fails to proceed to trial
without #usti)cation consistent with
the pro$isions hereof, the court may
punish such counsel, attorney, or
prosecution, as follows&
(1! ?y imposing on a counsel
pri$ately retained in
3
connection with the defense of
an accused, a )ne not
e*ceeding twenty thousand
pesos (@,,+!'
(,! ?y imposing on any
appointed counsel de ofcio,
public attorney, or prosecutor
a )ne not e*ceeding )$e
thousand pesos (@4,+!'
and
(3! ?y denying any defense
counsel or prosecutor the right
to practice before the court
trying the case for a period not
e*ceeding thirty (3! days+
The punishment pro$ided for
by this section shall be without
pre#udice to any appropriate
criminal action or other
sanction authorized under
these rules+ (sec+ 13, cir+ 3-%
.-!
Section 9. emedy where accused is not
brought to trial within the time limit+ / If
the accused is not brought to trial within
the time limit re"uired by Section 1(g!,
Rule 115 and Section 1, as e*tended by
Section 5 of this rule, the information may
be dismissed on motion of the accused on
the ground of denial of his right of speedy
trial+ The accused shall ha$e the burden of
pro$ing the motion but the prosecution
shall ha$e the burden of going forward
with the e$idence to establish the
e*clusion of time under section 3 of this
rule+ The dismissal shall be sub#ect to the
rules on double #eopardy+
8ailure of the accused to mo$e for
dismissal prior to trial shall constitute a
wai$er of the right to dismiss under this
section+ (sec+ 12, cir+ 3-%.-!
Section 10. !aw on speedy trial not a bar
to pro"ision on speedy trial in the
Constitution+ / <o pro$ision of law on
speedy trial and no rule implementing the
same shall be interpreted as a bar to any
charge of denial of the right to speedy trial
guaranteed by section 12(,!, article III, of
the 1.-7 Constitution+ (sec+ 14, cir+ 3-%.-!
Section 11. #rder of trial+ / The trial
shall proceed in the following order&
(a! The prosecution shall present
e$idence to pro$e the charge and, in
the proper case, the ci$il liability+
(b! The accused may present
e$idence to pro$e his defense, and
damages, if any, arising from the
issuance of a pro$isional remedy in
the case+
(c! The prosecution and the defense
may, in that order, present rebuttal
and sur%rebuttal e$idence unless the
court, in furtherance of #ustice,
permits them to present additional
e$idence bearing upon the main
issue+
(d! =pon admission of the e$idence
of the parties, the case shall be
deemed submitted for decision
unless the court directs them to
argue orally or to submit written
memoranda+
(e! :hen the accused admits the act
or omission charged in the complaint
or information but interposes a
lawful defense, the order of trial may
be modi)ed+ (3a!
Section 12. $pplication for examination
of witness for accused before trial+
/ :hen the accused has been held to
answer for an o3ense, he may, upon
motion with notice to the other parties,
ha$e witnesses conditionally e*amined in
his behalf+ The motion shall state& (a! the
name and residence of the witness' (b! the
substance of his testimony' and (c! that
the witness is sic( or in)rm as to a3ord
reasonable ground for belie$ing that he
will not be able to attend the trial, or
resides more than one hundred (1!
(ilometers from the place of trial and has
no means to attend the same, or that
other similar circumstances e*ist that
2
would ma(e him una$ailable or pre$ent
him from attending the trial+ The motion
shall be supported by an aAda$it of the
accused and such other e$idence as the
court may re"uire+ (2a!
Section 13. Examination of defense
witness' how made+ / If the court is
satis)ed that the e*amination of a witness
for the accused is necessary, an order will
be made directing that the witness be
e*amined at a speci)ed date, time and
place and that a copy of the order be
ser$ed on the prosecutor at least three (3!
days before the scheduled e*amination+
The e*amination shall be ta(en before a
#udge, or, if not practicable, a member of
the ?ar in good standing so designated by
the #udge in the order, or if the order be
made by a court of superior #urisdiction,
before an inferior court to be designated
therein+ The e*amination shall proceed
notwithstanding the absence of the
prosecutor pro$ided he was duly noti)ed
of the hearing+ 0 written record of the
testimony shall be ta(en+ (4a!
Section 14. %ail to secure appearance of
material witness+ / :hen the court is
satis)ed, upon proof or oath, that a
material witness will not testify when
re"uired, it may, upon motion of either
party, order the witness to post bail in
such sum as may be deemed proper+ =pon
refusal to post bail, the court shall commit
him to prison until he complies or is legally
discharged after his testimony has been
ta(en+ (5a!
Section 15. Examination of witness for
the prosecution+ / :hen it satisfactorily
appears that a witness for the prosecution
is too sic( or in)rm to appear at the trial
as directed by the order of the court, or
has to lea$e the @hilippines with no
de)nite date of returning, he may
forthwith be conditionally e*amined before
the court where the case is pending+ Such
e*amination, in the presence of the
accused, or in his absence after
reasonable notice to attend the
e*amination has been ser$ed on him, shall
be conducted in the same manner as an
e*amination at the trial+ 8ailure or refusal
of the accused to attend the e*amination
after notice shall be considered a wai$er+
The statement ta(en may be admitted in
behalf of or against the accused+ (7a!
Section 16. Trial of se"eral accused+ /
:hen two or more accused are #ointly
charged with any o3ense, they shall be
tried #ointly unless the court, in its
discretion and upon motion of the
prosecutor or any accused, orders
separate trial for one or more accused+
(-a!
Section 17. &ischarge of accused to be
state witness+ / :hen two or more
persons are #ointly charged with the
commission of any o3ense, upon motion of
the prosecution before resting its case, the
court may direct one or more of the
accused to be discharged with their
consent so that they may be witnesses for
the state when, after re"uiring the
prosecution to present e$idence and the
sworn statement of each proposed state
witness at a hearing in support of the
discharge, the court is satis)ed that&
(a! There is absolute necessity for
the testimony of the accused whose
discharge is re"uested'
(b! The is no other direct e$idence
a$ailable for the proper prosecution
of the o3ense committed, e*cept the
testimony of said accused'
(c! The testimony of said accused
can be substantially corroborated in
its material points'
(d! Said accused does not appear to
be the most guilty' and
(e! Said accused has not at any time
been con$icted of any o3ense
in$ol$ing moral turpitude+
B$idence adduced in support of the
discharge shall automatically form part of
the trial+ If the court denies the motion for
discharge of the accused as state witness,
4
his sworn statement shall be inadmissible
in e$idence+ (.a!
Section 18. &ischarge of accused
operates as ac'uittal+ / The order
indicated in the preceding section shall
amount to an ac"uittal of the discharged
accused and shall be a bar to future
prosecution for the same o3ense, unless
the accused fails or refuses to testify
against his co%accused in accordance with
his sworn statement constituting the basis
for the discharge+ (1a!
Section 19. (hen mista)e has been
made in charging the proper o*ense+ /
:hen it becomes manifest at any time
before #udgment that a mista(e has been
made in charging the proper o3ense and
the accused cannot be con$icted of the
o3ense charged or any other o3ense
necessarily included therein, the accused
shall not be discharged if there appears
good cause to detain him+ In such case,
the court shall commit the accused to
answer for the proper o3ense and dismiss
the original case upon the )ling of the
proper information+ (11a!
Section 20. $ppointment of acting
prosecutor+ / :hen a prosecutor, his
assistant or deputy is dis"uali)ed to act
due to any of the grounds stated in section
1 of Rule 137 or for any other reasons, the
#udge or the prosecutor shall communicate
with the Secretary of Custice in order that
the latter may appoint an acting
prosecutor+ (1,a!
Section 21. Exclusion of the public+ /
The #udge may, motu proprio, e*clude the
public from the courtroom if the e$idence
to be produced during the trial is o3ensi$e
to decency or public morals+ 9e may also,
on motion of the accused, e*clude the
public from the trial, e*cept court
personnel and the counsel of the parties+
(13a!
Section 22. Consolidation of trials of
related o*enses+ / Charges for o3enses
founded on the same facts or forming part
of a series of o3enses of similar character
may be tried #ointly at the discretion of the
court+ (12a!
Section 23. &emurrer to e"idence+ /
0fter the prosecution rests its case, the
court may dismiss the action on the
ground of insuAciency of e$idence (1! on
its own initiati$e after gi$ing the
prosecution the opportunity to be heard or
(,! upon demurrer to e$idence )led by the
accused with or without lea$e of court+
If the court denies the demurrer to
e$idence )led with lea$e of court, the
accused may adduce e$idence in his
defense+ :hen the demurrer to e$idence
is )led without lea$e of court, the accused
wai$es the right to present e$idence and
submits the case for #udgment on the
basis of the e$idence for the prosecution+
(14a!
The motion for lea$e of court to )le
demurrer to e$idence shall speci)cally
state its grounds and shall be )led within a
non%e*tendible period of )$e (4! days after
the prosecution rests its case+ The
prosecution may oppose the motion within
a non%e*tendible period of )$e (4! days
from its receipt+
If lea$e of court is granted, the accused
shall )le the demurrer to e$idence within a
non%e*tendible period of ten (1! days
from notice+ The prosecution may oppose
the demurrer to e$idence within a similar
period from its receipt+
The order denying the motion for lea$e of
court to )le demurrer to e$idence or the
demurrer itself shall not be re$iewable by
appeal or by certiorari before #udgment+
(n!
Section 24. eopening+ / 0t any time
before )nality of the #udgment of
con$iction, the #udge may, motu proprio or
upon motion, with hearing in either case,
reopen the proceedings to a$oid a
miscarrage of #ustice+ The proceedings
shall be terminated within thirty (3! days
from the order grating it+ (n!
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