Salient features of the Revised Guidelines for of those stated in the rules.
6
Continuous Trial of Criminal Cases – IBP Zamboanga
del Norte Chapter 5. Motion for bill of particulars that does not conform to the
rules.7
"x x x.
6. Motion to suspend arraignment based on grounds not
Salient features of the Revised Guidelines for stated by the rules8.
Continuous Trial of Criminal Cases
By Jose Rene G. Dondoyano May 24th, 2017 7. Petition to suspend criminal action based on prejudicial
Source: http://ibpzn.com/2017/05/24/revised- question when no civil case has been filed9.
guidelines-for-continuous-trial-of-criminal-cases/
1. It applies to all newly-filed criminal cases, 6. Motion for postponement is prohibited, except if it is
including those governed by Special Laws and Rules1, in based on acts of God, force majeure or physical inability
the First and Second Level Courts, the Sandiganbayan of the witness to appear and testify. If the motion is
and the Court of Tax Appeals. It also applies to pending granted based on said exceptions, the moving party shall
criminal cases with respect to the remainder of the be warned that the presentation of its evidence must still
proceedings. It shall not apply to cases under the Rule on be finished on the dates previously agreed upon. A motion
Summary Procedure. for postponement shall at all times be paid with the Office
of the Clerk of Court. The Branch COC shall not accept
2. Trial shall be held from Monday to Thursday at exactly the motion unless accompanied by the original receipt.
8:30 A.M. and 2:00 P.M2. Hearing on motions,
arraignment and pre-trial, and promulgation of judgment 7. If a party fails to qualify for PAO services, the IBP shall
of decisions are in the morning of Fridays.3 provide free legal assistance to the party. The IBP shall
submit the list of lawyers to the Executive Judge for
3. Motions for inhibitions based on Rule 137 shall be possible appointment as counsel de officio in such cases.
resolved immediately or within two calendar days from
filing. 8. Where only the civil liability is being prosecuted, the
head of the prosecution office may issue a written
4. Prohibited motions shall be denied outright before the authority to a private prosecutor who may prosecute in the
arraignment without need of comment. absence of the public prosecutor.10
5. The following are the prohibited motions: 9. Consolidation of cases may be done even before
raffling provided a motion for consolidation accompanies
1. Motion judicial determination of probable cause. the filing before the Office of the Clerk of Court. If a new
case is filed involving an accused who has been
2. Motion for preliminary investigation filed beyond the five subjected to further investigation by the office of the
(5) day period in inquest proceedings4or when preliminary prosecutor over an incident involving the same subject
investigation is required5 or allowed in inquest matter as that of the already raffled information, the new
proceedings and the accused failed to participate despite case shall be assigned directly to the court where the
due notice. earlier case is pending, provided, there is a motion for
consolidation from the office of the prosecutor that
3. Motion for reinvestigation of the prosecutor who accompanies its filing in court. The proceedings already
recommends the filing of the information once the had in the old case may be adopted.
information has been filed before the court (1) if the
motion is filed without prior leave (2) when preliminary 10. Archiving of cases shall be done within the period
investigation is required and has been actually conducted, prescribed under the guidelines11. A criminal case shall
and the grounds relied upon in the motion are not be archived only if, after the issuance of the warrant of
meritorious, such as issues of credibility, admissibility of arrest, the accused remains at large for six (6) months
evidence, innocence of the accused, or lack of due from the delivery of the warrant to the proper peace
process when the accused was actually notified, among officer. Such case may likewise be archived when
others. proceedings therein are ordered suspended for an
indefinite period because:
4. Motion to quash information when the ground is not one
a.) the accused appears to be suffering from an unsound a period of six (6) months only and promulgation of
mental condition, judgment is set within ninety (90) days from submission of
the case for decision for regular rules.
b.) a valid prejudicial question in a civil action is invoked
during the pendency of the criminal case, For drug cases, trial shall be finished not later than sixty
(60) days from filing of the information. Decision shall be
c.) an interlocutory order or incident in the criminal case is rendered within fifteen (15) days from submission of case
elevated to a higher court which issued a TRO or writ of for decision.
preliminary injunction,
For environmental cases, from arraignment and pre-trial, it
d.) when the accused has jumped bail before arraignment shall be set for hearing within thirty (30) days. Trial on the
and cannot be arrested by the bondsman. merits shall be conducted for a period of three (3) months
then filing of memoranda is within thirty (30) days and the
11. Arraignment and Pre-trial shall be set within ten (10) decision shall be rendered within sixty (60) days from the
calendar days from date of the court’s receipt of the case last day to file memoranda. Disposition period shall be
for a detained accused, and within thirty (30) calendar within ten (10) months from date of arraignment.
days from the date the court acquires jurisdiction over a
non-detained accused. The setting shall be incorporated For intellectual property right cases, from arraignment and
in the commitment order or in the approval of the bail in pre-trial, it shall be set for hearing within thirty (30) days.
other cases. Notices shall be sent to the accused, his/her Trial on the merits shall be conducted for a period of sixty
counsel, private complainant or complaining law (60) days then filing of memoranda is within thirty (30)
enforcement agent, public prosecutor, and witnesses days and the judgment shall be rendered within ninety
whose names appear in the information for purposes of (90) days from submission of case for decision.
plea-bargaining, arraignment and pre-trial.
16. Pre-trial shall proceed even in the absence of parties
12. In multiple cases, the court, upon personal provided, they were notified and the counsel for the
examination of the accused may allow a waiver of the accused and the public prosecutor are present. The
reading of the information upon the full understanding and documentary evidence for both parties shall be marked.
express consent of the accused and his/her counsel, The pre-trial order shall immediately be served upon the
which consent shall be expressly stated in both the parties and counsel on the same day after the termination
minutes/certificate of arraignment and the order of of the pre-trial. Courts must strictly comply with the
arraignment. rules.12
13. Plea bargaining except in drug cases shall 17. The following shall be referred to mediation:
immediately proceed, provided the private offended part in
private crimes, or the arresting officer in victimless crimes, a. B.P Blg 22.
is present to give his/her consent with the conformity of
the public prosecutor. Thereafter, judgment shall b. SSS Law13.
immediately be rendered in the same proceedings.
c. Pag-Ibig Law.14
14. If the accused pleads guilty to the crime charged in
the information, judgment shall be immediately rendered, d. Theft under Art. 308, RPC.
except in those cases involving capital punishment.
e. Estafa under Art. 315(1), RPC, except estafa under Art.
15. If no plea bargaining or plea of guilty, the court shall 315 (2) and (3).
immediately proceed with the arraignment and the pre-
trial. The schedule of the trial dates, for both the f. Other forms of swindling under Art. 316, RPC.
prosecution and the accused, shall be continuous and
within the periods provided in the Regular Rules/Special g. Swindling of a minor under Art. 317, RPC.
Rules. The trial dates may be shortened depending on the
number of witnesses to be presented.From the time of the h. Other deceits under Art. 318, RPC.
arraignment and pre-trial, it shall be set for trial within
thirty (30) days. Trial on the merits shall be conducted for i. Malicious Mischief under Art. 327, RPC.
of submission of the motion.
j. Libel by means of writings or similar means under Art
355, RPC. 20. For First Level Courts, in all criminal cases, including
those covered by the Rule on Summary Procedure , the
k. Threatening to publish and offer to present such testimonies of witnesses shall consist of the duly
publication for a compensation under Art. 356, RPC. subscribed written statements given to law enforcement
officers or the affidavits or counter-affidavits submitted
l. Prohibited publication of acts referred to in course of before the investigating prosecutor and if such are not
official proceedings under Art. 357, RPC. available, testimonies shall be in the form of judicial
affidavits. The trial prosecutor may opt to dispense with
m. Grave Slander (Grave Oral Defamation)- of serious the sworn statements submitted to the law enforcement
and insulting nature under Art. 358, par. 1, RPC. officers and instead prepare judicial affidavits or modify or
revise the said sworn statements.
n. Simple Slander ( Oral Defamation)- not of a serious and
insulting nature under Art. 358, RPC. 21. For Second Level Courts, Sandiganbayan and Court
of Tax Appeals, where the demeanor of the witnesses is
o. Grave Slander by Deed- of a serious nature under Art. not essential, like the forensic chemist, medico-legal
359, par. 1, RPC. officers, investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar witnesses,
p. Simple Slander by Deed- not of a serious nature under who will testify on the authenticity, due execution and the
Art. 359, par. 2, RPC. contents of public documents and reports, and in criminal
cases that are transactional in character, such as
q. Incriminating innocent person under Art. 363, RPC. falsification, malversation, estafa or other crimes where
the culpability or innocence of the accused can be
r. Intriguing against honour under Art. 364, RPC. established through documents, the testimonies of the
witnesses shall be the duly subscribed written statements
s. Libel under R.A. 10175 (Cybercrime Prevention Act of given to law enforcement officers or the affidavits or
2012) where the liability may be civil in nature. counter-affidavits submitted before the investigating
prosecutor, and if such are not available, testimonies shall
t. Criminal negligence under Title 14, RPC, where the be in the form of judicial affidavits.
liability may be civil in nature, and
22. During the pre-trial/preliminary conference, the court
u. Intellectual property rights cases where the liability may shall require the parties to stipulate on the testimonies of
be civil in nature. witnesses who have no personal knowledge of the
material facts constituting the crimes, such as, forensic
18. The referral of the case for mediation shall be made chemists, medico-legal officers, investigators, auditors,
only after the arraignment and the pre-trial/preliminary accountants, engineers, custodians, expert witnesses and
conference. The mediation shall be terminated within a other similar witnesses, who will testify on the authenticity,
non-extendible period of thirty (30) calendar days. Except due execution and the contents of public documents and
those case mentioned above, criminal cases under the reports; corroborative witnesses; and those who will testify
Rule on Summary Procedure shall not be referred to on the civil liability. This is without prejudice to additional
mediation. direct and cross examination questions.
19. Petition for bail filed after the filing of the information 23. The court shall encourage the accused and the
shall be set for summary hearing after arraignment and prosecution to avail of Secs. 12 and 13 and 15, Rule 119
pre-trial. It shall be heard and resolved within a non- of the Rules of Court15.
extendible period of thirty (30) days from the date of the
first hearing, except in drug cases which shall be heard 24. In the absence of the counsel de parte, the hearing
and resolved within twenty (20) calendar days. The shall proceed upon appointment by the court of a counsel
accused need not present evidence to rebut the de officio.
prosecution’s evidence. Motion for reconsideration on the
resolution of petition for bail shall be resolved within a 25. The offer of evidence, the comment/objection thereto,
non-extendible period of ten (10) calendar days from date and the court ruling thereto shall be made orally in open
court on the same day after the presentation of the last submitted for decision, except when the case is covered
witness either for the prosecution or for the defence. The by special Rules and other laws which provide for a
court shall ensure that the offered evidence are submitted shorter period.
to court on the same day it is offered.
31. A motion for reconsideration of judgment of conviction
26. The court shall inquire from the accused his/her desire or motion for new trial under Rule 121 filed within the
to move for leave of court to file demurrer to evidence or reglementary period of fifteen (15) days from promulgation
to proceed in presenting his/her evidence. If the accused shall be resolved within a non-extendible period of ten
orally moves for leave of court to file a demurrer to (10) calendar days from the submission of the comment of
evidence, the court shall orally resolve the same. If the the prosecution or even in the absence of comment.
motion for leave is denied, the court shall issue an order
for the accused to present and terminate his/her evidence 32. The physical inventory of cases and preparation of the
on the dates previously agreed upon, and to orally offer semestral report16 shall not suspend court hearings.
and rest his/her case on the day his/her last witness is
presented. If accused insists on filing the demurrer to 33. All courts covered by the Revised Guidelines shall
evidence without leave, the previously scheduled dates accomplish and submit a periodic report of data in a form
for the accused to present evidence shall be cancelled. to be generated and distributed by the Committee.
The demurrer shall be resolved by the court within a non-
extendible period of thirty (30) calendar days from the 34. Non-compliance with the Revised Guidelines,
date of the filing of the comment or lapse of the ten (10)- including failure to observe the timelines and deadlines
day period to comment. herein provided, is a ground for disciplinary action.
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 Continuous Trial System
witness is presented. Sec. 2. Continuous trial until terminated;
postponements. – Trial once commenced shall
27. The court shall strictly adhere to the rule that a
witness has to be fully examined in one (1) day. continue from day to day as far as practicable until
terminated. It may be postponed for a reasonable
28. The submission of memoranda is discretionary on the period of time for good cause.
part of the court which in no case shall exceed twenty-five
(25) pages in length, single-spaced, on legal size paper,
The court shall, after consultation with the prosecutor and
using size 14 font. Its filing is non-extendible and shall not
suspend the running of the period of promulgation of the defense counsel, set the case for continuous trail on
decision. a weekly or other short-term trial calendar at the
earliest possible time so as to ensure speedy trial. In
29. Judges who conducted the trial and heard the no case shall the entire trial period exceed one hundred
testimonies of witnesses shall submit the case for
eighty (180) days from the first day of trial, except as
decision even if the transcript of stenographic notes are
incomplete or missing. If the case was heard completely otherwise authorized by the Supreme Court.
by another judge, not the judge tasked to write the The time limitations provided under this section and the
decision, the latter shall direct the stenographers
preceding section shall not apply where special laws
concerned to submit the complete transcripts within the
period of thirty (30) calendar days from date of his/her or circulars of the Supreme Court provide for a shorter
assumption to office. period of trial.
30. 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
WHAT PROCEDURE IS USED TO AVAIL HIS IN WHICH CASES IS THE TIME LIMITATION NOT
RIGHT TO SPEEDY TRIAL? APPLICABLE?
> Continuous trial system—a tool for the early and 1. CRIMINAL CASES COVERED BY THE
expeditious disposition of a case RULES ON SUMMARY PROCEDURE OR THOSE
WHERE THE PENALTY DOESN’T EXCEED 6 MONTHS
IMPRISONMENT OR A FINE OF P1000: governed by the
WHAT IS THE CONTINUOUS TRIAL SYSTEM? rules on summary procedure
> Trial once commenced shall continue from day to 2. WHEN THE OFFENDED PARTY IS ABOUT TO
day as far as practicable until terminated. DEPART WITH NO DEFINITE DATE OF RETURN—
trial shall commence within 3 days from the date of
> It may be postponed for a reasonable period of
arraignment, and cannot be postponed except on
time for good cause.
grounds over which the accused has no control
> The court shall, after consultation with the prosecutor
3. CHILD ABUSE CASES—trial shall commence
and defense counsel, set the case for continuous trail
within 3 days from arraignment and cannot be
on a weekly or other short-term trial calendar at the
postponed except on grounds of illness of the accused or
earliest possible time so as to ensure speedy trial.
other grounds beyond his control
> In no case shall the entire trial period exceed one
4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial
hundred eighty (180) days from the first day of trial,
shall be finished within 3 months from the filing of the
except as otherwise authorized by the Supreme Court.
information
5. KIDNAPPING, ROBBERY IN A BAND,
HOW DO YOU ENSURE CONTINUOUS TRIAL ROBBERY AGAINST A BANKING OR FINANCIAL
SYSTEM? INSTITUTION, VIOLATION OF THE CARNAPPING
ACT, AND OTHER HEINOUS CRIMES—trial shall be
> There must be a time limit within which the case
finished within 60 days from the first day of trial.
should be terminated
WHAT ARE THE DUTIES OF THE PRESIDING
JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM? Our government has enacted several measures to
somehow address the issue of judicial delays, the recent
1. Adhere faithfully to the session hours prescribed by
one of which is the Revised Guidelines for Continuous
laws
Trial of Criminal Cases, which took effect on September 1,
2. Maintain full control of the proceedings 2017. Among its objectives is to protect and advance the
3. Efficiently allocate and use time and court resources constitutional right of persons to a speedy disposition of
to avoid court delays their criminal cases. To achieve this, the Guidelines set
the following salient rules with the aim to reduce trial
time/period:
IS THE TIME LIMIT ABSOLUTE?
Trial shall be held from Monday to Thursday, and courts
> No shall call the cases at exactly 8.30am and 2.00pm.
Hearing on motions, arraignment, pre-trial and
promulgation of decisions shall be held in the morning on
Fridays.
Upon arrest or voluntary surrender of the accused, the The court shall strictly adhere to the rule that a witness
court shall set the arraignment and pre-trial within 10 has to be fully examined in one day only.
calendar days from the court’s receipt of the case for Motions for postponement are generally prohibited, except
detained accused, and within 30 days for non-detained if it is based on acts of God, force majeure or physical
accused. inability of the witness to appear and testify. If the motion
The arraignment and pre-trial conference shall be is granted based on such exceptions, the moving party
simultaneously held. The court shall proceed with the pre- shall be warned that the presentation of its evidence must
trial despite absence of the accused and/or private still be finished on the dates previously agreed upon.
complainant, provided they were duly notified, and The offer of evidence (which must be made on the same
accused’s counsel and public prosecutor are present. day after the presentation of the last witness), and the
Stipulations shall be done with the active participation of comment/objection thereto, with the court’s ruling thereon,
the court. The pre-trial order shall immediately be served shall be made orally and in open court.
upon parties and counsels on the same day after The court shall announce in open court and include in its
termination of the pre-trial. order submitting the case for decision, the date of
As to the form of testimony, for First Level Courts, the promulgation of decision, which shall not be more than 90
testimonies of the witnesses shall be the duly subscribed days from the date the case is submitted for decision.
written statements given to law enforcers, or affidavits or Motions for reconsideration shall be resolved by the court
counter-affidavits submitted to the investigating within a non-extendible period of 10 calendar days from
prosecutor during preliminary investigation. If not submission of the comment thereon.
available, they shall be in the form of judicial affidavits.
The same rule shall apply for Second Level Courts, the These Guidelines shall apply (1) to all newly-filed criminal
Sandiganbayan and Court of Tax Appeals, where the cases (including those governed by the Comprehensive
demeanour of the witness is not essential in determining Dangerous Drugs Act of 2002, Cybercrime Prevention Act
the credibility (such as forensic chemists, medico-legal of 2012, Rules of Procedure for Environmental Cases,
officers, investigators, auditors, accountants, engineers, Rules of Procedure for Intellectual Property Rights Cases,
custodians, expert witnesses), and who will testify on the and Criminal Cases cognizable by Family and
authenticity, due execution and contents of public Commercial Courts) in the First and Second Level Courts,
documents and reports, and the criminal cases are the Sandiganbayan, and the Court of Tax Appeals, as of
transactional in nature (such as falsification, corruption or effectivity date, and (2) to pending criminal cases with
fraud). respect to the remainder of the proceedings.
Non-compliance with the Guidelines shall be a ground for
disciplinary action.
