The Revised Guidelines For Continuous Trial of Criminal Cases

 

THE REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES

 

THE SUPREME COURT OF THE PHILIPPINES in partnership with

THE ASIA FOUNDA FOUNDATION TION

US AGENCY FOR INTERNA INTERNATIONAL TIONAL DEVELOPMENT through the

AMERICAN AMERICA N BAR ASSOCIATION ASSOCIATION

 

Resolution dated 21 February 2012 (A.M No. 11-6-10-SC Re: Guidelines for Litigation in 

ocnticCaib tyilitTyria an l dCofeuarstsib)ilw tecset iQ tsuepzra ityereaa nd dotpoteednthoan the rules of procedure and expedite the litigation process. Resolution

dated 30 February 2015 (A.M No. 15-06 -06-1 -100-S SC Re: Adopting the Guidelines for  Continuous Trial Cases) was adopted in 52 pilot courts in the first and second levels of   Metro Manila, effective 17 August 2015, clarifying the application of existing rules on speedy trial to expedite trial and resolution of criminal cases.

 

25

April 2017, OCA-Circular no. 101-2017, “THE REVISED GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL   CASES” approved. 

It took effect 01 Septem tember 2017.

 

Sec.

16, Article III of the 1987 Constitution,   “All persons shall have the right to a speedy disposition

of thinistra eistrativ r cative seesbod befies. ore.“ all judicial, quasi-judicial, or  adm admini bodies CABALLERO

VS. ALFONSO, JR.,

”Speedy

disposition of  f    cases’ is a relative term. Just like the constitutional guarantee of   “speedy trial” accorded an accused in all criminal proceedings, “speedy flexible conce  p t. It is depends upon the Constitution prohibits and oppressive nugatory.”” nugatory.

otn woitf  f   a cdoisnpsoisstietin h  cases” delays isand circumstances. What the are unreasonable, arbitrary

delays

which

render

rights

 

Right to speedy trial is based on the maxim that “justice delayed is justice denied.” Unreasonable d ac ye s nm ee sd ultortoana ep roslioonngo efd jussutifcfeerib ny g aoftrualn inenlo t aacycurs va y guilty person. If the prosecution unreasonably delays the criminal proceedings because of too many postponements and unjustifiable absences, the accused may be acquitted on the ground of violation of right to speedy trial. This does not, however, mean that the co u r t cannot grant reasonable postponements. What is prohibited is oppressive and an d ve vexa xati tiou ous s postponements. © Atty Atty.. Michael Michael Jhon M. Tamayao Tamayao https://tamayaosbc.wordp ress.com/2014/06/20/bill-of-rights 014/06/20/bill-of-rights https://tamayaosbc.wordpress.com/2

 

APPLICABILITY  It

shall apply to newly- filed criminal cases, including those governed by Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals as of effe effect ctiv ivit ity y dat ate. e.  It

shall also apply to pending criminal cases

w ith respect proceedings. Not

to

the

remainder

of

the

applicable to criminal cases filed under  

Rule of Summary Procedure, unless expressly provided.

 

OBJECTIVES To

protect and advance the constitutional right of persons to speedy disposition of their criminal cases; To

reinforce and give teeth to existing rules on criminal procedure and other special rules prescribing periods for court actions and those that promote speedy disposition of cases; To

introduce innovations and practices for the benefit of the parties.

 

HEARING DAYS AND CALENDAR CALL TRIAL It shall be held from Monday to Thursday and shall start at exactly 8:30 AM and 2:00 PM. (AC No. 3-99)

HEARING ON MOTIONS, ARRAIGNMENT ARRAIGNMENT AND PRE-TRIAL AND PROMULGATION OF DECISION it shall be held in the morning of Fridays. (Sec. 7, Rule 15 of the Rules of Court)

*Court Calendars shall be posted one (1) day before scheduled hearings

 

MOTIONS Moti Mo tion on for for In Inhi hibi biti tion on it shall be resolved immediately or within two (2) calendar days from the date of filing. Prohi Pr ohibite bited d Motion Motions s 1. Motion for Judicial Determination of Probable Cause. 2. Motion for Preliminary Investi tig gation filed beyond reglem reg lement entary ary per period iod.. 3. Motion for reinvestigation once the information has been filed before the court. 4. Motion to quash information not stated in the rules 5. Motion for bill of particulars 6. Motion to suspend the arraignment 7. Petition to suspend the criminal action on the grou gr ound nd of pr prej ejud udic icia iall qu ques esti tion on..

 

MOTIONS Meri Me rito tori riou ous s Mo Moti tion ons s 1. Motion to withdraw information 2. Motion to Quash warrant of arrest 3. Motion to suspend arraignment on the ground of unsound mental condition 4. Motion to suspend proceedings on the ground of prejudicial question 5. Motion to quash information under Sec. 3 par. (a), (b), (g) and (i) of Rule 119 6. Motion to discharged accused as state witness 7. Motion to Quash search warrant 7. Motion to dismiss under SLAPP

 

MOTIONS Moti Mo tion ons s fo forr po pos stp tpon one eme ment nt it is generally prohibited; exceptions: based on acts of God, force majeure or physical inability of the witness to appear and testify. Motions shall be accompanied by original receipt from rom the adverse part rty y. presentation of evidence must still be finished on the dates previously agreed upon.

 

ARRAIGNMENT AND PRE-TRIAL DETAINED 10 calendar da days upon receipt of the court

NON-DETAINED 30 calendar da days upon the court acquires  jurisdiction over over the case

A. Regular Rules  Arraignment and an d PrePre- Trial Trial

30 days

Presentation of Prosecution’s and the Accused’s Evidence 6 moths/ 180 days

Promulgation of Judgment 90 days from submission for case for decision

 

B. Drug Cases

Trial (to be finished not less than 60 days from filing of information)

Decision (15 days from submission for case for decision

C. Environmental Cases

 Arraignment and an d PrePre- Trial Trial

30 days

Trial (3 months)

Memo 30 days

Promulgation of Judgment 90 days from submission for case for decision

 

D. Intellectual Property Cases

 Arraignment and PrePre- Tria riall

30 days

Trial (60 days for each party to present evidence)

Memo 30 days

Judgment 90 days from submission for case for decision

E. Cases Referred to Mediation Judgment  Arraignment and Preand Pre- Trial Trial

30 days mediation

Trial (6 months)

90 days from submission for case for decision

 

F. Rule on Summary Procedure on criminal cases referred to mediation Judgment  Arraignment and Preliminary Conference

30 days mediation

(60Trial days)

30 termination days from the of hearing

 

Right to Meet the Witnesses Face-to-Face The right to confrontation enables the accused to test the credibility of the witnesses. The right is reinforced under the rules of criminal procedure by the so-c -ca alled cross-examination. Cross-examination is conducted after the presentation and direct examination of witnesses by the opposing side. Both parties are allowed to test the veracity of the testimonies pre res sented by the othe ther. © Atty Atty.. Michael Jhon M. Tamayao Tamayao https://tamay https://tamayaosbc.wordp aosbc.wordpress.com/20 ress.com/2014/06/20/bill-of-righ 14/06/20/bill-of-rights/  ts/ 

 

"A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three thingsdamage could destroy that that confidence do incalculable to society: people and come to believe that inefficiency and delay will drain even a  just judgment of its value; value; that people who who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come tofulfill believe the law – lawfunction  – in the to larger sense sense –  – and cannot its primary protect them their families in their homes, at their work, and on the public streets.“ © Warren E. Burger, Chief Justice (1969-1986) United States

 

The right to speedy disposition of cases is not merely hinged towards the objective of spurring dispatch in the administration of justice but also to prevent the oppression of the citizen by holding a criminal prosecution suspended over him for an indefinite time. Akin to the rright ight to speedy trial, its "salutary objective" is to assure that an innocent person may be free from the anxiety and expense of litigation or, or, if otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatsoever legitimate defense he may interpose.