The Revised Guidelines

for Continuous Trial

of Criminal Cases
A.M. No. 15-06-10-SC
 April 25, 2017
The SC resolved to approve the Revised Guidelines.

May 7, 2017
The Resolution was published.

Semptember 1, 2017
The Revised Guidelines took effect.

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 1.
APPLICABILITY

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 Applicability
All newly filed criminal cases
as of effectivity date
including those governed by:

Comprehensive Dangerous Drugs Act

Cybercrime Prevention Act
Rules of Procedure for Environmental Cases
Rules of Procedure for Intellectual Property Rights Cases
Criminal Cases cognizable by Family Courts and
Commercial Courts
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 Applicability
in the First and Second Level Courts,
Sandiganbayan &
Court of Tax Appeals
and

all pending criminal cases with respect to the

remainder of the proceedings.

Unless otherwise provided, it shall not apply to

cases under the Rules on Summary Procedure.
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 2.
OBJECTIVES

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 OBJECTIVES

▣ To protect the constitutional right to a speedy

disposition of criminal cases
▣ To give teeth to existing rules on criminal
procedure and rules on prescribing period for
court action and those which promote speedy
disposition
▣ To introduce innovations and best practices for
the benefit of parties
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 3.
procedure

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HEARING DAYS AND
CALENDAR CALL
PROCEDURE

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 HEARING DAYS AND CALENDAR CALL

▣ Trial
□ Monday to Thursday
□ Call cases at exactly 8:30 a.m. and 2:00 p.m.
▣ Hearing on motions, arraignment and pre-trial,
and promulgation of decisions
□ Friday mornings
▣ Court calendars shall be posted at least 1 day
before scheduled hearings.
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MOTIONS
PROCEDURE

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 MOTIONS

▣ Motions for inhibition under Rule 137

□ resolved within 2 calendar days from filing
date.
▣ Prohibited motions
□ denied outright before arraignment
□ no need for comment or opposition

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 MOTIONS
PROHIBITED MOTIONS
▣ Motion for judicial determination of probable
cause
▣ Motion for PI filed beyond 5-day period in
inquest proceedings, or when not required
under Sec. 8, Rule 112, or allowed in inquest
proceedings and accused failed to participate in
the PI despite due notice

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 MOTIONS
PROHIBITED MOTIONS
▣ Motion for reinvestigation of the prosecutor
□ Without prior leave
□ When PI is not required
□ When PI is required and has been conducted, and
grounds are not meritorious such as issues of:
▪ Credibility
▪ Admissibility of evidence
▪ Innocence of accused
▪ Lack of due process when accused was actually notified

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 MOTIONS
PROHIBITED MOTIONS
▣ Motion to quash information when the ground is
not stated in Rule 117
▣ Motion for bill of particulars that does not conform
with Sec 9, Rule 116, i.e. did not specify alleged
defects of information and the details desired
▣ Motion to suspend arraignment when ground is not
under Rule 116
▣ Petition to suspend criminal action on ground of
prejudicial action when no 15
civil case has been filed
 MOTIONS
▣ Meritorious motions
□ Motions that allege plausible grounds supported by
relevant documents and/or competent evidence
□ Non-extendible period of 10 calendar days
▪ From notice, for adverse party to comment
▪ From expiration, for court to resolve
▪ From expiration, that the court, at its discretion,
may set motion for hearing
▪ From termination of hearing, for court to resolve a
motion to discharge accused as state witness
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 MOTIONS

▣ With regard to motions for reconsideration of

resolution of meritorious motions
□ Non-extendible period of 5 calendar days
▪ From receipt of resolution, for filing of MR
▪ From receipt of MR, for filing of comment
▪ From expiration, for court to resolve
▣ Motions that do not conform to requirements in this
section = unmeritorious; denied outright
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 MOTIONS
MERITORIOUS MOTIONS
▣ Motion to withdraw information, to downgrade charge, to
exclude an accused, filed by the prosecution as a result of
reinvestigation, reconsideration, and review
▣ Motion to quash arrest warrant
▣ Motion to suspend arraignment on the ground of unsound
mental condition
▣ Motion to suspend proceedings on ground of prejudicial
question where a civil case was filed prior to crim. case
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 MOTIONS
MERITORIOUS MOTIONS
▣ Motion to quash information on grounds that the facts
charged do not constitute an offense, lack of jurisdiction,
extinction of criminal action or liability, or double
jeopardy
▣ Motion to discharge accused as a state witness
▣ Motion to quash search warrant, or motion to suppress
evidence
▣ MTD on ground that crim. case is a SLAPP under Rule 6
of Rules of Procedure for Environmental
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Cases.
 MOTIONS

▣ Motions for postponement

□ Generally prohibited
□ Exceptions:
▪ Acts of God, force majeure,
▪ Physical inability of witness to appear and testify
□ If granted, movant is warned that presentation of
evidence must still be finished on dates agreed upon
□ Shall at all times be accompanied by receipt of the
postponement fee paid, to be submitted at filing or by
the next hearing
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 3.
procedure

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 procedure

▣ 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.
▣ Where only the civil liability is being prosecuted, the
head of the prosecution office must issue a written
authority to a private prosecutor who may then
prosecute in the absence of the public prosecutor.
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CONSOLIDATIONS
PROCEDURE

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 consolidationS
▣ Consolidation of cases may be done before raffling
provided a motion for consolidation is also filed.
▣ If a new information is filed of an accused who has been
under further investigation by the Office of the Prosecutor
over an incident with the same subject matter as that of the
pending case, the new case shall be assigned directly to the
court of the latter, provided a motion is also filed.
▣ The evidence so far presented may be adopted, without
prejudice to additional direct and cross-examination
questions.
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ARRAIGNMENT & PRE-TRIAL
PROCEDURE

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 ARRAIGNMENT & PRE-TRIAL
Rule 116 and Rule 118
Unless a shorter period is
provided, within 30 days
from date the court
acquires jurisdiction over
person of the accused,
When preventively
detained: arraigned
within 10 days from
receipt of case records
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A.M. No. 15-06-10-SC
If detained: Within 10
calendar days from
receipt of case
If undetained: Within 30
calendar days from date
the court acquires
jurisdiction over person
of the accused
 Schedule and Waiver IN Arraignment
▣ Setting of the arraignment shall be incorporated in
the commitment order or in the approval of the bail.
▣ 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.

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 Arraignment Proper
▣ Plea bargaining (except drugs cases) shall immediately
proceed
□ private offended party in private crimes or arresting
officer in victimless crimes is present to consent
□ conformity of the public prosecutor
▣ Thereafter, judgment shall immediately be rendered in the
same proceedings.
▣ If the accused pleads guilty to the crime charged in the
information, judgment shall be immediately rendered,
except in those cases involving capital punishment.
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 Arraignment & Pre-trial
▣ No plea bargaining or guilty plea: immediately
proceed with arraignment and pre-trial.
▣ The schedule of the trial dates, for both prosecution
and accused: continuous and within the periods in the
Regular/Special Rules.
▣ A flowchart shall be prepared by the court which shall
serve as final schedule of hearings.

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 Arraignment & Pre-trial

Regular Rules
▣ Arraignment and pre-trial to trial: not more
than 30 days.
▣ Trial on the merits: period of 6 months only
▣ Promulgation of judgment: within 90 days from
submission of the case for decision.

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 REGULAR RULES

Arraignment Presentation Promulgation

30 days
of Evidence (90 days from submission
& Pre-trial
(6 months/180 days) for decision)

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 Arraignment & Pre-trial
▣ Drug cases
□ Trial finished not later than 60 days from filing of the information
□ Decision within 15 days from submission of case for decision
▣ Environmental cases
□ Set for hearing within 30 days from arraignment and pre-trial.
□ Trial on the merits: 3 months
□ Filing of memoranda: within 30 days
□ Decision within 60 days from the last day to file memoranda.
□ Disposition period within 10 months from arraignment.
▣ Intellectual property right cases
□ Set for hearing within 30 days from arraignment and pre-trial.
□ Trial on the merits: 60 days
□ Filing of memoranda: within 30 days
□ Judgment: within 90 days from submission of case for decision.
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 Conduct of Pre-trial
▣ Pre-trial shall proceed even if parties are absent
provided, they were notified and the counsel for the
accused and the public prosecutor are present.
▣ 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 Guidelines in
Conduct of Pre-Trial.

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 MEDIATION

▣ Mediation terminated within non-extendible period

of 30 days from date of referral to PMC.
▣ After lapse of mediation period or if mediation fails,
trial shall proceed.

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 BAIL

▣ Petition for bail filed after the filing of the information shall be
set for summary hearing after arraignment and pre-trial.
□ Heard and resolved within non-extendible period of 30
calendar days from the date of first hearing
□ Except drug cases which shall be heard and resolved within
20 calendar days.
▣ No need of oral argument and submission of memoranda.
▣ MR on the resolution of petition for bail resolved within non-
extendible period of 10 calendar days from submission of
motion.
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 BAIL
▣ Resolution shall be based solely on evidence
presented during bail proceedings.
▣ Prosecution must present evidence which is only
essential in establishing that evidence of guilt is
strong.
▣ Accused need not present evidence to rebut this.
▣ Presentation of evidence in chief shall not be
suspended while awaiting resolution of petition or
MR.
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 FORM OF TESTIMONY
▣ Testimonies of witnesses:
1. duly subscribed written statements given to law
enforcement officers or
2. affidavits or counter-affidavits submitted before the
investigating prosecutor and
3. if such are not available, testimonies shall be in the
form of judicial affidavits.
▣ For First Level Courts,
□ The trial prosecutor may opt to instead prepare judicial
affidavits or modify or revise the said sworn statements.
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 FORM OF TESTIMONY
▣ For Second Level Courts, Sandiganbayan, and CTA:
□ Where demeanor of the witnesses is not essential
□ To testify on the authenticity, due execution and
the contents of public documents and reports, and
□ In criminal cases that are transactional in character
(e.g. falsification, malversation, estafa) or other
crimes where culpability can be established
through documents.

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 FORM OF TESTIMONY
When demeanor of the witness is
not essential

Forensic chemists
Medico-legal officers
Investigators
Auditors
Accountants
Engineers
Custodians
Expert witnesses
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 Stipulations
▣ Court shall require parties to stipulate on the testimonies of
witnesses
□ no personal knowledge of the material facts constituting the crimes
(e.g. forensic chemists, etc.), 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.
▣ But without prejudice to allowing additional direct and cross
examination questions.
▣ If adverse party refuses to waive right to cross-examine, the
subject of the direct testimony of the witnesses shall be stipulated
upon. 40
TRIAL
PROCEDURE

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 Trial

▣ The court shall encourage the accused

and the prosecution to avail of Secs. 12
and 13 and 15, Rule 119.
□ Examination of witness
▣ In the absence of the counsel de parte, the
hearing shall proceed upon appointment
by the court of a counsel de officio.

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 TRIAL
▣ 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 defense.
▣ The court shall ensure that the offered evidence are
submitted to court on the same day it is offered. If
not attached to the record, the party must submit
these during the offer.
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 DEMURRER TO EVIDENCE
▣ The court shall inquire from the accused his desire to move for
leave of court to file demurrer to evidence or to proceed in
presenting his evidence.
▣ If oral motion for leave of court to file a demurrer is made, the
court shall orally resolve the same.
▣ If motion for leave is denied, the court shall issue an order for
the accused to present and terminate his evidence on the dates
agreed upon, and to orally offer and rest his case on the day the
last witness is presented.
▣ If accused files demurrer without leave, the scheduled dates for
the accused to present evidence shall be cancelled.
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 Demurrer To evidence
▣ Demurrer shall be filed within non-extendible period of 10
calendar days from grant of leave.
▣ Resolved within a non-extendible period of 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 is granted, and the demurrer 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.
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 TRIAL

▣ Memoranda is discretionary on the part of

the court which in no case shall exceed 25
pages, single-spaced, on legal size paper,
using size 14 font.
▣ Filing of memoranda is non-extendible and
shall not suspend the running of the period
of promulgation of the decision.

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PROMULGATION
PROCEDURE

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 Promulgation
▣ Judges who conducted the trial and heard the testimonies shall
submit the case for decision even if TSNs are incomplete or
missing.
▣ If the case was heard completely by another judge, the judge
shall direct the stenographers concerned to submit the complete
TSNs within 30 calendar days from date of assumption to office.
▣ 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 90 calendar days from
the date the case is submitted for decision, except in special
Rules and other laws which provide for a shorter period.
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 PROMULGATION
▣ MR of judgment of conviction or MNT under Rule 121
filed within the reglementary period of 15 days from
promulgation shall be resolved within a non-
extendible period of 10 calendar days from the
submission of the comment of the prosecution or
even in the absence of comment.

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 “
EFFECT OF NON-COMPLIANCE
Non-compliance,
including failure to observe the
timelines and deadlines,
is a ground for disciplinary action.

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 Thanks!
Any questions?

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