PART VIII.
PRE-TRIAL the counts of a multi-count indictment in return for a lighter
SECTION 1. CoflcQpt ofpre-trial. - A pre-trial is a process whereby
the accused and the prosecutors in a criminal case work out,
usually at the arraignment stage, a naturally satisfactory
disposition of a case subject to court approval in order to expedite
the trial of the case.
The prosecutor shall enter into a pre-trial only when the accused
and counsel agree and upon order of the court.
SEC. 2. Duties of prosecutor before and after the pre-trial
conference. -Before the pre-trial conference, the prosecutor should
know every fact and detail of the case. This can be accomplished
by interviewing the complainant and other witnesses and after a
thorough examination of the available documentary and other
physical evidence. The prosecutor should place importance ';;n the
testimony of the expert witness. The knowledge that the
prosecutor will gain from said witness will help him determine the
procedures undertaken in the examination of a subject or thing;
the scientific or technical terms applied, and the reason/s in
arriving at a certain conclusion.
During the pre-trial process, the prosecutor shall bear in mind that
he has to prove his case beyond a reasonable doubt and that every
act or incident should be proved by the testimony of qualified and
competent witnesses.
After the pre-trial conference, the prosecutor shall ensure that any
agreement or admission made or entered therein is in writing and
signed by the accused and his counsel.
SEC. 3. Subject matters ofpre-tn.al. - The pre-trial conference shall
consider the following:
a) Plea bargaining - This is a process where the defendants
usually plead guilty to a lesser offense or to only one or some of
sentence than that for the graver charge ;
b) Stipulation of facts- This is the agreement of the parties on
some facts admitted, some facts covered by judicial notice (Sec. 1,
Rule 129), judicial admissions (Sec. 2 Rule 129), or on matters not
otherwise disputed by them. In cases requiring the presentation of
government witnesses or evidence, the Trial Prosecutor should
exert every effort to secure a waiver by the accused of objections
to the admissibility of certain documentary evidence, e.g., medical
or death cenificare, necropsy report, forensic chemistry report,
ballistics report, PhilippineOverseas and Employment
Administration (POEA) Certification, and the like, if such evidence
has no relevance whatsoever to the theory of the defense, in order
to d~spense with the presentation and testimony in court of
government witnesses. Whenever appropriate or necessary, the
counter-affidavit of the accused submitted luring the preliminary
investigation may be resorted to or availed of to denions~rate or
establish the defense theory;
c) Marking of documentary evidence in advance for
identification;
d) Waiver in advance of objections to admissibility of
evidence;
e) List of witnesses to be presented which should be qualified
by the following statement: "that other witnesses may be
presented in the course of the trial"; and
f) Such other matters as will promote a fair and expeditious
trial.
SEC. 4. Plea of guilty to a lesser offense. - The following rules shall
apply to cases where the accused pleads guilty to a lesser offense:
a) The Trial Prosecutor shall immediately move for the
suspension of the proceedings whenever the accused manifests his
intention in court to plead guilty to a lesser offense. This will
enable the Trial Prosecutor to evaluate the implications of the
offer.
b) If the lesser offense to which the accused will plead guilty is
not a capital offense, the Trial Prosecutor may dispense with the
presentation of evidence unless the court directs otherwise.
c) The Trial Prosecutor, with the consent of the offended
party, may motu propno agree to the offer of the accused to plead
guilty to a lesser offense if the penalty imposable therefor is
prision correcional (maximum of six [61 years) or less or a fine not
exceeding P12,OOO.OO.
d) When the penalty imposable for the offense charged is
prision mayor (at least six [6] years and one [11 day or higher) or
a fine exceeding ~12,OOO.OO, the Trial Prosecutor shall first
submit his comment/recommendation to the City or Provincial
Prosecutor or to the Chief State Prosecutor, as the case may be, for
approval. If the recommendation is approved in writing, the Trial
Prosecutor, may, with the consent of the offended party, agree to a
plea of guilty to a lesser offense. For this purpose, the Chief State
Prosecutor or the Provincial or City Prosecutor concerned shall act
on the recommendation of the Trial Prosecutor within forty-eight
(48) hours from receipt thereof. In no case shall the subject plea to
a lesser offense be allowed without the written approval of the
above respective heads of office.
e) In all cases, the penalty for the lesser offense to which the
accused may be allowed to plead guilty shall not be more than two
(2) degrees lower than the imposable penalty for the crime
charged, notwithstanding the presence of mitigating
circumstances. The lesser offense shall also be one that is
necessarily related to the offense charged or the offense must
belong to the same classification or title under the Revised Penal
Code or therelevant special laws.
However, the plea of guilty to a lesser offense may not be allowed
where it so contravenes lo~ nd common sense as to be
unconscionable, thereby resulting in
us, where the offense charged is homicide, a plea of guilty to a
lesser offense of frustrated or attempted homicide, may not be
allowed, since the fact of death cannot be reconciled with the plea
of guilty to frustrated or attempted homicide. Homicide
necessarily produces death, while frustrated or attempted
homicide does not.
SEC. 5. when accused pleads guilty to a capital offense. - If the
accused pleads guilty to a capital offense, the Trial Prosecutor
must present evidence to prove the guilt of the accused and the
precise degree of his culpability. This is mandatory.
PART IX. TRIAL'
SECTION 1. Definition of trial. - A trial is a judicial examination of
the claims at issue in a case which are presented by the
prosecution and defense to enable the court to arrive at a
judgment pronouncing either the guilt or innocence of the
accused.2
SEC. 2. Concept of trial. - The object of a trial is to mete out justice,
and to convict the guilty and protect the innocent. Thus, the trial
should be a search for the truth and not a contest over
technicalities and must be conducted under such rules as will
protect the innocent.3
SEC. 3. Expeditious prosecution of criminal cases filed with the
courts. -The Trial Prosecutor shall always be prepared to conduct
the prosecution with his witnesses who shall be subpoenaed well
in advance of the scheduled trial dates.4 No postponement of the
trial or other proceedings of a criminal case shall be initiated or
caused by the Trial Prosecutor except in instances where the
postponement is occasioned by the absence of material witnesses
or for other causes beyond his control or not attributable to him.
SEC. 4. Order of presentation of witnesses. -
a) The order in the presentation of witnesses will be left to the
discretion of the Trial Prosecutor. However, the prosecutor should
take into consideration the order of events as established by the
evidence of the prosecution.
b) Witnesses who will testify for the first time shall be
afforded the opportunity to be advised to observe criminal
proceedings in court to help them overcome their anxiety,
excitement and tension.
SEC. 5. Preparation of formal offer of exhibits. - The Trial
Prosecutor shall safely keep his documentary and other physical
evidence and prepare a list thereof in the order they have been
marked as exhibits, identifying each by letter or number,
describing it briefly, and stating its specific purpose or purposes.
SEC. 6. Defense evidence. -
a) Before reception of evidence for the defense starts, the
Trial Prosecutor shall ask from the adverse counsel the number of
witnesses he intends to present.
b) If the names of defense witnesses are disclosed the
Trial Prosecutor shall elicit from reliable sources the whereabouts
of these witnesses, their moral character,, background, reasons for
testifying and
relationship with the accused, among other things, to enable him
to have a clear view of the defense of the accused.
SEC. 7. Discharge of accused to he state witness. - When two or
more persons are jointly charged with the commission of any
offense, 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 provided
the court, after hearing, is satisfied that:
a) There is absolute necessity for the testimony of the accused
whose discharge is requested.5
b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said
accused,6 as when he alone has knowledge of the crime, and not
when his testimony would simply corroborate or otherwise
strengthen the evidence in the hands of the prosecution;7
c) The testimony of said accused can be substantially
corroborated in its material points. This is an indispensable
requirement because it is a notorious fact in human nature that a
culprit, confessing to a crime, is likely to put the blame on others
rather than himself. Thus, even though a court may get the
statement of a discharged accused that other particular persons
were engaged in the crime, it is unsafe to accept without
corroborating evidence, his statements concerning the relative
blame to be attached to different members of his gang;~
d) Said accused does not appear to be the most guilty.9 The
mere fact that the witness sought to be discharged had pleaded
guilty In the crime charged does not violate the rule that the
discharged defendant must not "appear to be the most guilty. And
even if the witness should lack some of the qualifications
enumerated by Sec. 9, Rule 119, his testimony will not, for that
reason alone, be discarded or disregarded.10 The ground
underlying the rule is not to let a crime that has been committed
go unpunished; so an accused who is not the most guilty is allowed
to testify against the most guilty, in order to achieve the greater
purpose of securing the conviction of the more or most guilty and
the greatest number among the accused permitted to be convicted
for the offense they committed.'' However, although an accused
did not commit anv of the stabbing, it is a mistake to discharge
him as a state \witness where he is bound in a conspiracy. All the
perpetrators of the offense bound in conspiracy are equally guilty.
e) Said accused has not at anv time been convicted of any
offense involving moral turpitude.
Evidence adduced in support of the discharge sha11 automatically
form part of the trial. If the court denies the motion for discharge
of the accused as state witness, his sworn statement shall be
inadmissible in evidence.
SEC. 8. Witness protection. - An accused who is discharged from
an information or criminal complaint in order that he may be a
state witness as provided in the preceding section may, upon his
petition, be admitted to the Witness Protection Program under
R.A. No.6981, "The Witness Protection, Security and Benefit Act" if
he complies with the other requirements of said Act.
SEC. 9. Other persons who may avail of the Witness Protection
Program. -The following may also avail of the Witness Protection
Program under R.A. No.
6981:
a) Any person who has witnessed or has knowledge of or
information on the commission of a crime and has testified or is
testifying or is about to testify before any judicial or quasijudicial
body, or before any investigating authority, Provided, that:
1. the offense in which his testimony will be used is a grave
felony as defined under the Revised Penal Code or its equivalent
under special laws;
ii. his testimony can be substantially corroborated on its
material points;
iii. he or any member of his family within the second civil
degree of consanguinity or affinity is subjected to threats to his life
or bodily injury or there is a likelihood that he will be killed,
forced, intimidated, harassed or corrupted to prevent him from
testifying, or to testify falsely or evasively, because or on account
of his testimony; and
iv. he is not a law enforcement officer, even if he would be
testifying against other law enforcement officers. In such a case,
only the immediate members of his family may avail themselves of
the protection provided for under the Act.
b) Any person who has participated in the commission of a
crime and desires to be a witness for the State, whenever the
following circumstances are present:
i. . the offense in which testimony will be used is a grave
felony as defined under the Revised Penal Code or its equivalent
under special laws;
ii. there is absolute necessity for his testimony;
iii. there is no other direct evidence available for the proper
prosecution of the offense committed;
iv his testimony can be substantially corroborated on its
material points;
V. he does not appear to be the most guilty; and
vi he has not at any time been convicted of any crime
involving moral turpitude.
SEC. 10. Motions for postponement of accused. - Motions for
postponement that are initiated by the accused should be
vigorously opposed by the Trial Prosecutor and he should make of
record his objections thereto, leaving to the court's discretion the
disposition of the subject motions.'3
SEC. 11. Discontinuance of proceedings. - During the presentation
of the prosecution's evidence, the Trial Prosecutor shall not cause
or allow the discontinuance of the proceedings except for other
similarly compelling reasons not attributable to him.14
SEC. 12. Presentation of evidence. - Each party is bound to
complete the presentation of his evidence within the trial dates
assigned to him. After the lapse of said dates, the party is deemed
to have completed his evidence presentation. However, upon
verified motion based on serious reasons, the judge may allow the
party additional trial dates in the afternoon; provided that said
extension will not go beyond the three-month limit computed
from the first trial date. '5
Where a Trial Prosecutor, without good cause, secures
postponements of the trial over the objections of a defendant
beyond a reasonable period of time, the accused is entitled to relief
by a proceeding in mandamus to compel a dismissal of the
information, or if he be restrained of his liberty, by habeas corpus
to obtain his freedom16.
SEC. 13. Order of trial.- Upon receipt of the notice of trial, the
prosecutor shall review the record of the case for trial and
complete his preparation therefore bearing in mind that trial, once
commenced, may continue from day to day until terminated, and
that trial shall proceed in the following order pursuant to Sec. 3,
Rule 119 of the Rules of Criminal Procedure:
a) The prosecution shall present evidence to prove the charge
and, in the proper case, the civil liability.
b) The accused may present evidence to prove his defense,
and damages, if any, arising from the issuance of any provisional
remedy in the case.
c) The parties may then respectively present rebutting
evidence only, unless the court, in furtherance of justice, permits
them to present additional evidence bearing upon the main issue.
d) Upon admission of the evidence, the case shall be deemed
submitted for decision unless the court directs the parties to argue
orally or to submit memoranda.
e) However, 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 accordingly.
SEC. 14. Presentation of witnesses.- The order in the presentation
of witnesses shall, as far as practicable, conform to he logical
sequence of events obtaining in the case on trial in order to
present a clear, organized and coherent picture to the court of the
prosecution's evidence.
For example, in the case of prosecution under the Dangerous
Drugs Law, the Trial Prosecutor should present the forensic
chemist who examined the dangerous drug ahead of the other
witnesses in order that the court may at once have a view of the
real evidence (either the prohibited or regulated drug subject of
the case) and so that such evidence may immediately identified by
the other witnesses thus avoiding the recall of witnesses later on.
The rule of logical sequencing notwithstanding, a witness whose
testimony is vital to the case and whose life is in danger or who
may be sick/injured arid may possibly die, should be made to
testify as early as practicable.
SEC. 15. Examination of witnesses for the prosecution.-Where it
shall satisfactorily appear that the witness for the prosecution is
too sick or infirm to appear at the trial as directed by order of the
court, or has to leave the Philippines with no definite date of
returning thereto, he may forthwith be conditionally examined
before the judge or the court where the case is pending. Such
examination in the presence of the accused, or after reasonable
notice to attend the examination has been served on him, will be
conducted in the same manner as an examination at the trial.
Failure or refusal on the part of the accused to attend the
examination after notice herein before provided, shall be
considered a waiver. The statement thus taken may be admitted
on behalf of or against the accused.
SEC. 16. Cross-Examination of defense witnesses. The prosecutor
shall endeavor to secure well in advance all available information
about a defense witness in order to prepare for an effective cross-
examination. Where the testimony of a defense witness bears no
effect on the evidence of the prosecution, a cross-examination
need not be conducted.
SEC. 17. Rebuttal evidence.- The presentation and nature of
rebuttal evidence will depend on the effect which the defense
evidence may have caused on the prosecution's evidence-in-chief.
The recall of a witness who already testified during the evidence-
in-chief presentation merely to refute what a defense witness may
have stated during his defense testimony is not generally a
rebuttal evidence. \Where there is nothing to refute, rebuttal
evidence is unnecessary.