50 things re: continuous

trial of CRIMINAL cases

The Continuous Trial of Criminal Cases

Rule (A.M. No.15-06-10-SC; August 17,
2015)

[1] The Rule does not apply to cases

governed by the Rule of Summary
Procedure.

[2] The Rule applies to pending criminal

cases only with respect to the remainder
of the proceedings.

[3] The Rule applies to all newly-lodged

criminal cases, including those under
special laws and special rules.

[4] The Rule applies to criminal cases

filed with first-level courts, second-level
courts, the Sandiganbayan (SB) and the
Court of Tax Appeals (CTA).

[5] Trial days shall be Mondays to

Thursdays. Trial time on trial days shall
start exactly at 8M30 AM and at 2M00 PM.

[6] Friday mornings shall be hearing days

for motions, arraignment and pre-trial.
Promulgation of judgment shall also be in
Friday mornings.

[7] Rule 137 on inhibition of judicial

officers shall apply; however, motions for
inhibition shall be resolved immediately.
"Immediately" means two calendar days.

[8] The court shall deny prohibited

motions outright before arraignment.
There shall be no need for any comment.

[9] It is prohibited to file a motion for

judicial determination of probable
cause.

[10] It is prohibited to file a motion for

preliminary investigation if:

*The motion is filed beyond the five-day

(5-day) period in inquest proceedings
OR when preliminary investigation is
required or allowed in inquest
proceedings, AND;

*the accused failed to participate despite

due notice.

[11] It is prohibited to file a motion for

reinvestigation of the prosecutor who
recommends the filing of the information
once the information has been filed
before the court (1) if the motion is filed
without prior leave (2) when preliminary
investigation is required and has been
actually conducted, and the grounds
relied upon in the motion are not
meritorious, such as issues of credibility,
admissibility of evidence, innocence of
the accused, or lack of due process when
the accused was actually notified, among
others.

[12] It is prohibited to file a motion to

quash information when the ground is not
one of those stated under the rules.

[13] It is prohibited to file a motion for bill

of particulars that does not conform to
the rules.

[14] It is prohibited to file a motion to

suspend arraignment based on grounds
not stated by the rules.

[15] It is prohibited to file a petition to

suspend criminal action based on
prejudicial question when no civil case
has been filed.

[16] It is prohibited to file a motion for

postponement, except if it is based on
acts of god, force majeure or physical
inability of the witness to appear and
testify.

[17] If the motion for postponement gets

granted based on said exceptions in Item
[16], the moving party shall be warned
that the presentation of its evidence must
still be finished on the dates previously
agreed upon.

[18] A motion for postponement shall at

all times be paid with the Office of the
Clerk of Court (OCC). The Branch Clerk
of Court shall not accept the motion
unless accompanied by the original
receipt.

[19] If a party fails to qualify for PAO

services, the IBP shall provide free legal
assistance to the party. The IBP shall
submit the list of lawyers to the Executive
Judge for possible appointment as
counsel de officio in such cases.

[20] Where 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.

[21] In order to consolidate cases before

the raffling of the case, a motion for
consolidation must be filled with the
initiatory pleading before the OCC.

[22] If a new case is filed involving an

accused who has been subjected to
further investigation by the office of the
prosecutor over an incident involving the
same subject 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. The proceedings already had in the
old case may be adopted.

[23] Archiving of cases shall be done

within the period prescribed under the
guidelines. A criminal case shall be
archived only if, after the issuance of the
warrant of arrest, the accused remains at
large for six (6) months from the delivery
of the warrant to the proper peace officer.
Such case may likewise 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 prejudicial question
in a civil action is invoked 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 TRO or writ of preliminary
injunction or, [d] when the accused has
jumped bail before arraignment and
cannot be arrested by the bondsman.

[24] Arraignment and Pre-trial shall be

set within ten (10) calendar days from
date of the courtʼs receipt of the case for
a detained accused, and within thirty (30)
calendar days from the date the court
acquires jurisdiction over a non-detained
accused. The setting shall be
incorporated in the commitment order or
in the approval of the bail in other cases.
Notices shall be sent to the accused,
his/her counsel, private complainant or
complaining law enforcement agent,
public prosecutor, and witnesses whose
names appear in the information for
purposes of plea-bargaining, arraignment
and pre-trial.

[25] In multiple cases, the court, upon

personal examination of the accused may
allow a waiver of the reading of the
information upon the full understanding
and express consent of the accused and
his/her counsel, which consent shall be
expressly stated in both the
minutes/certificate of arraignment and
the order of arraignment.

[26] Plea bargaining except in drug cases

shall immediately proceed, provided the
private offended party in private crimes,
or the arresting officer in victimless
crimes, is present to give his/her consent
with the conformity of the public
prosecutor. Thereafter, judgment shall
immediately be rendered in the same
proceedings.

[27] If the accused pleads guilty to the

crime charged in the information,
judgment shall be immediately rendered,
except in those cases involving capital
punishment.

[28] If there is no plea bargaining or plea

of guilty, the court shall immediately
proceed with the arraignment and the
pre-trial. The 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. The 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 (30)
days. Trial on the merits shall be
conducted for a period of six (6) months
only and promulgation of judgment is set
within ninety (90) days from submission
of the case for decision for regular rules.

[29] For drug cases, trial shall be finished

not later than sixty (60) days from filing of
the information. Decision shall be
rendered within fifteen (15) days from
submission of case for decision.
[30] For environmental cases, from
arraignment and pre-trial, it shall be set
for hearing within thirty (30) days. Trial on
the merits shall be conducted for a period
of three (3) months. Filing of memoranda
is within thirty (30) days and the decision
shall be rendered within sixty (60) days
from the last day to file memoranda.
Disposition period shall be within ten (10)
months from date of arraignment.

[31] For intellectual property rights cases,

from arraignment and pre-trial, it shall be
set for hearing within thirty (30) days.
Trial on the merits shall be conducted for
a period of sixty (60) days then filing of
memoranda is within thirty (30) days and
the judgment shall be rendered within
ninety (90) days from submission of case
for decision.

[32] Pre-trial shall proceed even in the

absence of parties. Nevertheless, they
must be notified and the counsel for the
accused and the public prosecutor are
present. The documentary evidence for
both parties shall be marked. The pre-
trial order shall immediately be served
upon the parties and counsel on the same
day after the termination of the pre-trial.
Courts must strictly comply with the
rules.

[33] Cases under the following laws shall

be referred to mediation:

[a] B.P Blg

[b] SSS Law
[c] Pag-Ibig Law.
[d] Theft under Art. 308, RPC.
[e] Estafa under Art. 315(1), RPC, except
estafa under Art. 315 (2) and (3).
[f] Other forms of swindling under Art.
316, RPC.
[g] Swindling of a minor under Art. 317,
RPC.
[h] Other deceits under Art. 318, RPC.
[i] Malicious Mischief under Art. 327, RPC.
[j] Libel by means of writings or similar
means under Art 355, RPC.
[k] Threatening to publish and offer to
present such publication for a
compensation under Art. 356, RPC.
[l] Prohibited publication of acts referred
to in course of official proceedings under
Art. 357, RPC.
[m] Grave Slander (Grave Oral
Defamation) which is of serious and
insulting nature under Art. 358, par. 1,
RPC.
[n] Simple Slander ( Oral Defamation)
which is not of a serious and insulting
nature under Art. 358, RPC.
[o] Grave Slander by Deed which is not of
a serious nature under Art. 359, par. 1,
RPC.
[p] Simple Slander by Deed which is not
of a serious nature under Art. 359, par. 2,
RPC.
[q] Incriminating innocent person under
Art. 363, RPC.
[r] Intriguing against honour under Art.
364, RPC.
[s] Libel under R.A. 10175 (Cybercrime
Prevention Act of 2012) where the liability
may be civil in nature.
[t] Criminal negligence under Title 14,
RPC, where the liability may be civil in
nature, and
[u] Intellectual property rights cases
where the liability may be civil in nature.

[34] The referral of the case for

mediation shall be made only after the
arraignment and the pre-trial/preliminary
conference. The mediation shall be
terminated within a non-extendible period
of thirty (30) calendar days.

[35] Except those cases mentioned in

Item [33], criminal cases under the Rule
on Summary Procedure shall not be
referred to mediation.

[36] Petition 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-
extendible period of thirty (30) days from
the date of the first hearing, except in
drug cases which shall be heard and
resolved within twenty (20) calendar
days. The accused need not present
evidence to rebut the prosecutionʼs
evidence. Motion for reconsideration on
the resolution of petition for bail shall be
resolved within a non-extendible period
of ten (10) calendar days from date of
submission of the motion.

[37] For First Level Courts, in all criminal

cases, including those covered by the
Rule on Summary Procedure , the
testimonies of witnesses shall consist of
the duly subscribed written statements
given to law enforcement officers or the
affidavits or counter-affidavits submitted
before the investigating prosecutor and if
such are not available, testimonies shall
be in the form of judicial affidavits. The
trial prosecutor may opt to dispense with
the sworn statements submitted to the
law enforcement officers and instead
prepare judicial affidavits or modify or
revise the said sworn statements.

[38] For Second Level Courts,

Sandiganbayan and Court of Tax Appeals,
where the demeanor of the witnesses is
not essential, like the forensic chemist,
medico-legal officers, investigators,
auditors, accountants, engineers,
custodians, expert witnesses and other
similar witnesses, who will testify on the
authenticity, due execution and the
contents of public documents and
reports, and in criminal cases that are
transactional in character, such as
falsification, malversation, estafa or other
crimes where the culpability or innocence
of the accused can be established
through documents, the testimonies of
the witnesses shall be the duly
subscribed written statements given to
law enforcement officers or the affidavits
or counter-affidavits submitted before the
investigating prosecutor, and if such are
not available, testimonies shall be in the
form of judicial affidavits.

[39] During the pre-trial/preliminary

conference, the court shall require the
parties to stipulate on the testimonies of
witnesses who have no personal
knowledge of the material facts
constituting the crimes, such as, forensic
chemists, medico-legal officers,
investigators, auditors, accountants,
engineers, custodians, expert witnesses
and other similar witnesses, who will
testify on the authenticity, due execution
and the contents of public documents
and reports; corroborative witnesses; and
those who will testify on the civil liability.
This is without prejudice to additional
direct and cross examination questions.

[40] The court shall encourage the

accused and the prosecution to avail of
Secs. 12 and 13 and 15, Rule 119 of the
Rules of Court15.

[41] In the absence of the counsel de

parte, the hearing shall proceed upon
appointment by the court of a counsel de
officio.

[42] The offer of evidence, the

comment/objection 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. The
court shall ensure that the offered
evidence are submitted to court on the
same day it is offered.

[43] The court shall inquire 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. The
demurrer shall be resolved by the court
within a non-extendible period of thirty
(30) calendar days from the date of the
filing of the comment or lapse of the ten
(10)-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 likewise 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.

[44] The court shall strictly adhere to the

rule that a witness has to be fully
examined in one (1) day.

[45] The submission of memoranda is

discretionary on the part of the court
which in no case shall exceed twenty-five
(25) pages in length, single-spaced, on
legal size paper, using size 14 font. Its
filing is non-extendible and shall not
suspend the running of the period of
promulgation of the decision.

[46] Judges 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 judge, not
the judge tasked to write the decision, the
latter shall direct the stenographers
concerned to submit the complete
transcripts within the period of thirty (30)
calendar days from date of his/her
assumption to office.

[47] The judge 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 (90) calendar
days from the date the case is submitted
for decision, except when the case is
covered by special Rules and other laws
which provide for a shorter period.

[48] A motion for reconsideration of

judgment of conviction or motion for new
trial under Rule 121 filed within the
reglementary period of fifteen (15) days
from promulgation shall be resolved
within a non-extendible period of ten (10)
calendar days from the submission of the
comment of the prosecution or even in
the absence of comment.