Rule 119: Trial

 

RULE 119 – TRIAL

1.       WHEN DOES TRIAL COMMENCE?

Section 1. Time to prepare for trial. — After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order. (sec. 6, cir. 38-98)

v  There is an extended period from arraignment to trial provided for in Sec. 6 of Rule 119

v  Extended Time Limit -- Notwithstanding the provisions of section 1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days. For the second twelvemonth period, the limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days. (Sec. 6, Rule 119, ROC)

v  Circular 38-98 was promulgated for the purpose of implementing the provisions of Republic Act No. 8493, otherwise known as the "Speedy Trial Act of 1998”

2.       WHAT IS MEANT BY CONTINUOUS TRIAL?

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.

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.

The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. (Sec. 2, Rule 119, ROC)

 

Cases wherein Time Limit is Not Applicable:

·         Criminal cases covered by the rules on summary procedure or those where the penalty doesn’t exceed 6 months imprisonment or a fine of P1000

·         When the offended party is about to depart with no definite date of return

·         Child abuse cases

·         Violations of dangerous drugs law

·         Kidnapping, robbery in a band, robbery against a banking or financial institution, violation of the carnapping act, and other heinous crimes

 

3.       WHATS THE REMEDY IF ACCUSED NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT?

The information may be dismissed upon motion of the accused --- denial of his right to speedy trial

 

Accused shall have the burden of proving the motion, but the prosecution shall have the burden or proving that the delay was covered by the allowed exclusions of time.

The accused must move to dismiss before actually going to trial. Otherwise, it is a waiver of the right to dismiss

4.       WHAT ARE THE EXCLUSIONS FOR TIME COMPUTATION FOR TRIAL TO COMMENCE?

(Sec. 3, Rule 119, ROC)

(a)    Any period of delay resulting from other proceedings concerning the accused

(b)   Any period resulting from the absence or unavailability of an essential witness

(c)    Any period of delay resulting from mental incompetence or physical inability of the accused to stand trial.

(d)   If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense

(e)   A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted

(f)     Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution --- for speedy trial

 

Examples of other proceedings concerning the accused which should be excluded from the computation of time:

(a)    Delay resulting from an examination of the physical and mental condition of the accused;

(b)   Delay resulting from proceedings with respect to other criminal charges against the accused;

(c)    . Delay resulting from extraordinary remedies against interlocutory orders;

(d)   Delay resulting from pre-trial proceedings, provided that the delay does not exceed 30 days;

(e)   Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;

(f)     Delay resulting from a finding of the existence of a prejudicial question

(g)    Delay reasonably attributable to any period not to exceed 30 days during which any proceeding concerning the accused is actually under advisement

5.       WHAT IS CONTINUANCE?

A continuance may, among others, be granted if the proceeding is impossible or would result in a miscarriage of justice

6.       WHAT ARE THE FACTORS FOR GRANT OF CONTINUANCE?

(a)    Whether or not the failure to grant a continuance would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; or

(b)   Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the periods of time established therein.

PROHIBITED GROUNDS FOR CONTINUANCE:

(a)    congestion of the court’s calendar

(b)   lack of diligent preparation; or

(c)    failure to obtain available witnesses on the part of the prosecutor

7.       HOW DOES PROCUTION OF WITNESS WORK? COULD A WITNESS BE PUT IN PRISON?

Application for examination of witness for accused before trial. – When the accused has been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf. The motion shall state:

(a) the name and residence of the witness; (b) the substance of his testimony; and

(c) that the witness is sick or infirm as to afford reasonable ground for believing that the will not be able to attend the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial.

The motion shall be supported by an affidavit of the accused and such other evidence as the court may require.

(Sec. 12, Rule 119, ROC)

Examination of defense witness; how made. – If the court is satisfied that the examination of a witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken.

(Sec. 13, Rule 119, ROC)

Examination of witness for the prosecution. – When it is satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, of has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination at the trial after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.

(Sec. 15, Rule 119, ROC)

Bail to secure appearance of material witness. – When the court is satisfied, upon proof of oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. (Sec. 14, Rule 119, ROC)

 

8.       WHAT IS THE ORDER OF TRIAL?

(Sec. 11, Rule 119, ROC)

(1)    The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability

(2)    The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case.

(3)    The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue

(4)    Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda

(5)    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

9.       CHARGE OF ACCUSED AS STATE WITNESS

(Sec. 17, Rule 119, ROC)

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

REQUISITES:

(1)    Absolute necessity for the testimony of the accused whose discharge is requested

(2)    No other direct evidence for the proper prosecution of the offense committed, except the testimony of said accused

(3)    Testimony could be substantially corroborated in material points

(4)    Accused does not appear to be the most guilty

(5)    Not convicted of a crime involving moral turpitude

v  operates as acquittal of the discharged accused and shall be a bar to future prosecution for the same offense

 

10.   WHAT IF THERE IS A MISTAKE IN THE CHARGING OF THE PROPER OFFENSE?

When mistake has been made in charging the proper offense. — When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. (Sec. 9, Rule 119, ROC)

APPLIES WHEN:

·         There has been a mistake in charging the proper offense

·         This mistake has become manifest at any time before judgment; and

·         Because of this mistake, the accused cannot be convicted of the offense charged, or any other offense necessarily included therein

 

11.   DEMURRER TO EVIDENCE

It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of insufficiency of the evidence of the prosecution.

12.   EFFECT OF GRANT OF DEMURRER

If with leave of court:

(a)    If the court grants it, the case is dismissed.

(b)   If the court denies the demurrer to evidence filed with leave of court, the accused may still adduce evidence in his defense.

If without leave of court:

If the court denies the demurrer to evidence without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution.