Revised Guidelines for Continuous Trial of Criminal Cases

BACKGROUND
- part of the initiative of the Supreme Court to expedite justice and
modernize the judicial system in the country, and to expedite criminal
cases, declog court dockets, and
- Pilot testing took place in September 2014 in 52 courts in Metro Manila.
- Now it will go nationwide starting 1 September 2017

WHY
- to protect constitutional right to speedy disposition of cases
- to give teeth to existing rules prescribing periods for court action

WHAT (how to achieve these objectives)

BASIC SCHEDULE
- Trial shall be held from Monday to Thursday
- Courts shall call the cases at exactly 8:30am and 2:00pm
- Hearing on motions, arraignment and pre-trial, and promulgation of
decisions shall be held in the morning of Fridays

- Court calendars to be posted at least 1 day before scheduled hearings

- Adding prohibited pleadings (these motions shall be denied outright

without need of comment or opposition)
o Motion for judicial determination of probable cause
o Motion for preliminary investigation when (a) filed beyond the 5-
day period in inquest proceedings; (b) when PI is required or
allowed in inquest proceedings and the accused failed to
participate in the PI despite due notice
o Motion for reinvestigation of the prosecutor recommending the
filing of information (a) if the motion is filed without prior leave of
court; (b) when PI is not required under Rule 112; (c) when the
regular PI is required and has been conducted and the grounds
relied upon in the motion are not meritorious (such as issues of
credibility, admissibility of evidence, innocence of accused, or lack
of DP when there was actual notice)
o Motion to quash information when the ground is not under Rule
117 Sec. 3:
that the facts charged do not constitute an offense
That the court trying the case has no jurisdiction over the offense charged;
That the court trying the case has no jurisdiction over the person of the
accused;
That the officer who filed the information had no authority to do so;
That it does not conform substantially to the prescribed form;
That more than one offense is charged except when a single punishment for
various offenses is prescribed by law;
That the criminal action or liability has been extinguished;
 That it contains averments which, if true, would constitute a legal excuse or
justification; and
That the accused has been previously convicted or acquitted of the offense
charged, or the case against him was dismissed or otherwise terminated
without his express consent.

o Motion for bill of particulars that does not conform to Rule 116 Sec.
11: The accused may, before arraignment, move for a bill of
particulars to enable him properly to plead and to prepare for trial.
The motion shall specify the alleged defects of the complaint or
information and the details desired. (10a)

o Motion to suspend arraignment based on grounds not stated under

Rule 116 Sec. 11 (accused is mentally unsound, prejudicial
question)
o Petition to suspend the criminal action on ground of prejudicial
question when no civil case has been filed
o Motion for postponement is prohibited EXCEPT if it is based on
acts of God, force majeure or physical inability of the witness to
appear >>> when granted, the party shall be warned that the
presentation of evidence must still be finished on the dates
previously agreed upon
Motion for postponement (whether written or oral) shall be
accompanied by official receipt from the Clerk evidencing
payment of postponement fee to be submitted either at the
time of filing of motion or not later than the next hearing
date.
- Guidelines also list specific Meritorious motions
- Guidelines provided for stricter time periods
o Comment of adverse party shall be filed within a non-extendible
period of 10 calendar days from notice/receipt of the order of the
court to file the same, >>> the court shall resolve the motion
within a non-extendible period of 10 calendar days after the earlier
10-day period >>> court may also set the motion for hearing
instead of resolving it within the same 10 day period (shall be
submitted for resolution after hearing and shall be resolved within
10 days >>> Reply and Memorandum need not be submitted
o Motion for Reconsideration of the resolution of a meritorious
motion shall be filed within non-extendible period of 5 calendar
days from receipt of resolution >>> Adverse party given 5 days to
submit Comment >>> MR shall then be resolved by court within 5
days (motions that do not conform to the requirements shall be
considered unmeritorious and shall be denied outright)
o Motion for Inhibition under rule 137 shall be resolved
immediately or within 2 calendar days from date of filing: No judge
 or judicial officer shall sit in any case in which he, or his wife or
child, is pecuniarily interested as heir, legatee, creditor or
otherwise, or in which he is related to either party within the sixth
degree of consanguinity or affinity, or to counsel within the fourth
degree

- Arraignment and Pre-trial: arraignment and the pre-trial shall be set

within 10 calendar days from date of courts receipt of case for detained
accused and 30 days from the date court acquires jurisdiction over non-
detained accused
o Absence of parties court shall proceed despite absence of the
accused and/or private complainant, provided they were duly
notified and the counsel for accused, as well as public prosecutor
are present
- Bail: shall be set for summary hearing after arraignment and pre-trial
o Shall be heard and resolved within non-extendible 30 calendar days
from date of first hearing (20 days if drug case)
o No need for memoranda
o MR shall be resolved within 10 calendar days from date of
submission of motion
o flowcharts are in page 17
- Form of Testimony (page 18)
o First level courts in all criminal cases (including those covered by
Rules on Summary Procedure), testimonies of witnesses shall
consist of duly subscribed written statements given to law
enforcement officers or the affidavits or counter-affidavits >>> if
not available, judicial affidavits
o Second level courts in criminal cases where demeanor of witness
is not essential in determining credibility >> same as first level
courts >>> in all other cases where innocence is based on
eyewitness testimonies, ORAL form
- Offer of evidence
o Offer, comment/objection thereto, court ruling on such = shall be
ORAL
o Required to make oral offer on same day after presentation of last
witness >> opposing party required to immediately interpose
common/objection
- Demurrer to evidence same periods except now court has non-
extendible period of 30 days to resolve demurrer
- One-day examination of witness rule court shall strictly adhere to the
rule that a witness has to be fully examined in 1 day
- Memoranda discretionary on part of court. Shall not exceed 25 pages.
Period to submit non-extendible and shall not suspend the running of
period of promulgation of decision.
 - Schedule of promulgation court shall include in the order submitting
case for decision, the date of the promulgation of its decision which shall
not be more than 90 calendar days from date case is submitted for decision

Annex 5 and 6 (template of schedules of hearings0

- every witness, 2 dates allotted. Trial dates should be 1 day apart.

APPLICATION
- all newly-filed criminal cases, including those governed by Special Laws
(Drugs, Cybercrime, environmental, IP cases, Family courts, Commercial
Courts)
- shall also apply to pending cases with respect to remainder of proceedings
- applies to First and Second Level Courts, Sandiganbayan, and CTA

DOES NOT APPLY TO

- criminal cases filed under the Rule on Summary Procedure

RULE 119

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.
(2a)

The court shall, after consultation with the prosecutor and defense counsel, set
the case for continuous trial on a weekly 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 exceed one hundred eighty (180) days from the first day of trial, except
as otherwise authorized by the Supreme Court. (sec. 8, cir. 38-98).