a.m. 15-06-10-sc continuous trial guidelines

Supreme Court 0' the PhilippinesPHILIPPIHE JUDICIAL ACADEMY

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jRepublic of the ~bilippineg~upreme QCourt

;fflflanila

A.M. No. lS-06-10-SC

RE: ADOPTING THE GUIDELINES FOR CONTINUOUS TRIALOF CRIMINAL CASES IN PILOT COURTS

RESOLUTION

Acting on the recommendation of the Chairman of the Special Committeeon Speedy Trial submitting for this Court's consideration and approval theProposed Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, whichwill take effect on August 17, 2015, the Court Resolved to APPROVE the same.The said Rule is hereto attached as an integral part of this Resolution.

June 30, 2015.

MARIA LOURDES P. A. SERENOChief Justice

t::2z:~ANTONIO T. CARPIO

Associate Justice

On leavePRESBITERO J. VELASCO, JR.

Associate Justice <

~J~Jto-~~Associate Justice

On leaveARTURO D. BRION

Associate Justice

~//~ _.. .•/~~~c/MARIANO C. DEL CASTILLO

Associate Justice

On leaveBIENVENIDO L. REYES

Associate Justice

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ESTELA~~BE~ABEAssociate Justice I

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FRANCIS H. RDELE~AAssociate Justice ;

GUIDELINES FOR CONTINUOUS TRIALOF CRIMINAL CASES IN PILOT COURTS

WHEREAS, about seventy-seven percent (77%) of cases filer andIpending in the trial courts are criminal cases;

WHEREAS, due to the trial court's burgeoning dockets, trial hasbecome "piecemeal" and spread over months and even years;

,WHEREAS, with the advent of eCourts, automation has opened

Ipossibilities for speedier processing and adjudication of cases;

NOW, THEREFORE, considering the foregoing premises, thefollowing guidelines are hereby adopted for the continuous trial ofcriminal cases in the selected pilot courts, as follows:

GUIDELINES FOR CONTINUOUS TRIAL

I. Applicability

These Guidelines shall apply in all criminal cases in theFirst and Second LevelCourts.

II. Procedure

1. Once the court has acquired jurisdiction over the person ofthe accused, the arraignment of the accused shall be setwithin the periods provided under the Rules,which shouldbe not more than ten (10)days for detention prisoners, normore than thirty (30) days for non-detainees, unless ashorter period is provided by special law or Suprem<rCourt Circular.

2. The court shall issue subpoena to the accused, his counsellthe public prosecutor and witnesses whose names appearin the Information for purposes of plea bargaining andnotification of the pre-trial and trial dates.

3. Arraignment,

3.1. Plea Bargaining Except in Drug Cases. - If the accused:desires to enter a plea of guilty to a lesser offense, plea I

bargaining should immediately proceed, provided that:the private offended party in private crimes.. or the :arresting officer in victimless crimes, is present to give :his conformity to the plea bargaining. Thereafter,judgment shall immediately be rendered in the same:proceedings. (see Annexes 1 and 2) .

3.2. Plea of Guilty to the Crime Charged in the Information. - If I

the accused pleads guilty to the crime charged in the:Information, judgment shall immediately be rendered, I

except in those cases involving capital offenses. (see IAnnex 3)

. . I3.3. Where No Plea Bargaining or Plea of Guilty Takes Place. - ;

If the accused does not enter a plea of guilty, whether!to a lesser offense or the offense charged in the IInformation, the court shall immediately proceed with ithe arraignment of the accused and, thereafter, indicate;the pre-trial and trial dates in the Order.

The schedule of the pre-trial and trial dates for both I

the prosecution and the defense should be within the I

periods provided in the Regular Rules/Special Rules. iThe trial dates may be shortened depending on the :number of witnesses to be presented. In this regard, a I

flowchart shall be prepared by the court which shall I

serve as the final schedule of hearings. (see Annex 4)

4. Pre-trial

The conduct by the branch clerk of court of a I

preliminary conference as part of pre-trial should only :be done when the issues are complex. The judgesthemselves should conduct the pre-trial. :

I4.2. Proposals for stipulations shall be done by the judge

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himself/herself and shall not be left to the counsel. I

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4.1.

4.3. The documentary evidence of the prosecution and the I

defense shall be marked. I

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4.4. The Pre-trial Order shall immediately be served to theparties and counsel after the termination of the pre-trial. (see Annexes 5 and 6)

5. Trial Proper

5.1. Presentation of Evidence for the Prosecution. -

5.1.1. As a rule, motions for postponement filed by the iprosecution are prohibited. However, if the imotion is granted based on exceptional grounds,

Ithe prosecution shall be warned that the

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presentation of its evidence must be finished on 'the dates previously agreed upon and allotted to .it.

5.1.2.After the presentation of its last witness, theprosecution shall orally offer its evidence. Theaccused shall orally comment or object to the Iprosecution's offer of evidence. Thereafter, the i

judge shall orally resolve the oral offer and thecomment or objectionof the accused, if any.

5.1.3. After the prosecution rested its case, the .court I

shall inquire from the defense if it desires to move'I

for leave of court to file a demurrer to evidence, or I

to proceed with the presentation of its evidence. Ifthe defense orally moves for leave of court to file ademurrer to evidence, the court shall orallyresolve the same. (see Annex 7)

5.2. Presentation of Evidence for the Defense. -

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5.2.1.As a rule, motions for postponement filed by the i

accused are prohibited. However, if the motion isgranted based on exceptional grounds, the defense !shall be warned that the presentation of its!evidence must be finished on the dates previously Iagreed upon and allotted to it. I

I5.2.2.After the presentation of its last witness, the I

defense shall orally offer its evidence. The II

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Iprosecution shall orally comment or object to the Idefense's offer of evidence. Thereafter, the judge ishall resolve the oral offer and the comment or i

Iobjection of the prosecution, if any. If rebuttal :evidence is no longer necessary, the court shall :consider the case submitted for decision. (see I

IAnnexes 8 and 9) I

5.3. Presentation of Rebuttal and Surrebuttal Evidence. -,II

5.3.1. If the court grants the presentation of rebuttal I

evidence, the prosecution shall proceed with the :presentation and orally rest its case in rebuttal:after the presentation of its last rebuttal witness. ~The defense shall then present its surrebuttal Ievidence and orally rest its case in surrebuttal Iafter the presentation of its last surrebuttal,witness, Thereafter, the court shall submit the Icase for decision. (see Annexes 10 to 12) !

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6. Promulgation I

The court shall announce in open court the date of ;the promulgation of its decision which should be within ithe period provided under the Regular/Special Rules. The i

submission of memorandum is discretionary on the part of :the court. The date of promulgation of decision should not ;be more than ninety (90) days from the date the case is :submitted for decision, except for those covered by Special IRules and other laws which provide for a shorter period.

7. Motion Day

Trial shall be held from Monday to Thursday, at 8:30 in theI

morning, and 2:00 in the afternoon. Hearing on motions,arraignment, and promulgation of decision shall· be .held onFridays. :

I8. Training Seminar I

IA training seminar consisting of lectures on the Guidelines

for Continuous Trial of Criminal Cases and skills development ofjudges in the pilot courts shall immediately be conducted by thePhilippine Judicial Academy in coordination with the Committee

• Ion Speedy Trial of the Supreme Court. II

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9. Implementation and MonitoringiI

The Speedy Trial Committee of the Supreme Court ~halloversee and monitor the implementation of the continuous.trialprogram and may create technical working groups for I thispurpose.

III. Designation of Pilot Courts

The following courts shall pilot test these Guidelines:

Makati CityMetropolitan Trial Courts1. Branch 61 Judge Barbara-Aleli H. Briones2. Branch 65 Judge Henry E. Laron

Regional Trial CourtsRegular Courts3. Branch574. Branch 145

Drugs Courts5. Branch 646. Branch 135

Family Courts7. Branch 1408. Branch 144

Judge Honorio E. Guanlao, Jr.Judge Carlito B.Calpatura

Judge Gina M. Bibat-PalamosJudge Josephine A. Vito Cruz

Judge Cristina J. SulitJudge Liza Marie R. Picardal-Tecson

Manila CityMetropolitan Trial Courts9. Branch 30 Judge Glenda M. Ramos10.Branch 17 Judge Amalia S. Gumapos-Ricablanca

Regional Trial CourtsRegular Courts11. Branch 4112. Branch 54


Judge Rosalyn M. LojaJudge Maria Paz R. Reyes-Yson

Judge Ma. Bemardita J. SantosJudge Maria Sophia T. Solidum-Taylor

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Family Courts15. Branch516. Branch 2917. Branch 3818. Branch 4

Judge Emily L. San Gaspar-GitoJudge Roberto P. QuirozJudge Maria Celestina C. MangrobangJudge Jose Lorenzo R. Dela Rosa

Quezon CityMetropolitan Trial Courts19. Branch 42 Judge Juris S. Dilinila-Callanta20. Branch 32 Judge Janet Abergos Samar


Judge Tita Marilyn P. VillordonJudge Caridad M. Walse-Lutero


Judge Luis Zenon Q. MacerenJudge Nadine Jessica Corazon J. Fama


Judge Roslyn R. TriaJudge Angelene Mary Quimpo-Sale

Marikina CityMetropolitan Trial Courts27. Branch 76 Judge James T. Sy28. Branch 93 Judge Suzanne C. Nabaza


Judge Romeo D. TagraJudge Felix P. Reyes


Judge Geraldine Fiel-MacaraigJudge Lorna Francisca Chua Cheng

Pasig CityMetropolitan Trial Courts33. Branch 68 Judge Eduardo Ramon R. Reyes34. Branch 69 Judge Christian Emmanuel G. Pimentel

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38. Branch 164

Judge Elisa R. Sarmiento-Flores I

Judge Maria Gracia A. Cadiz-Casaclang !,!

Judge Achilles Aristotle Apolinario C. IBulauitanJudge Jennifer A. Pilar

Drugs Courts37. Branch 154

Pasay CityMetropolitan Trial Courts39. Branch 46 Judge Restituto V. Mangalindan, Jr.40. Branch 47 Judge Glenn D. Santos41. Branch 48 Judge Allan B.Ariola

. Regional Trial CourtsRegular Courts42. Branch 11143. Branch 118

Judge Wilhelmina J. WaganJudge Rowena Nieves Adena Tan

Paraiiaque CityMetropolitan Trial Courts44. Branch 77 Judge Donato H. De Castro45. Branch 78 Judge Ramsey Domingo G.Pichay46. Branch 87 Judge Leilani Marie Dacanay-Grimares47. Branch 88 Judge BelenS.Carasig48. Branch 89 Judge Harold Cesar C. Huliganga49. Branch 90 Judge Marisa M. Buenagua50. Branch 91 Judge Christian P. Castaneda

Muntinlupa CityRegional Trial CourtsRegular Court51. Branch 276 Judge Antonietta P. Medina

Family Court52. Branch 207 Judge Philip A. Aguinaldo

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Annex 1

Template Judgment; Plea to a Lesser Offense; Out on Bail:

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"When the accused was arraigned for the lesser crime of i_____ ......J' by reading the Information in a language known :and understood by the accused, assisted by his/her counsel deoficio/ de parte (name of counsel), accused entered a plea. ofguilty. The private complainant (name of complainant) and thepublic prosecutor (name of prosecutor) conformed with theaccused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding theaccused (name of the accused) guilty beyond reasonable doubtfor the crime of , defined and penalized under____ --',and is hereby sentenced to suffer the penalty" of j

SO ORDERED."

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* It may be a straight penalty if imposed by the First Level Court and thepenalty is one (1) year or less. But, if imposed by the Second Level Court,the penalty must provide for a minimum period and a maximum period,unless the applicable penalty is one (1)year or less. ;

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Annex 2

Template Judgment; Plea to a Lesser Offense; Detention Prisoner:

~ . ."When the accused was arraigned for the lesser crime of i

_____ -J' by reading the Information in a language known Iand understood by the accused, assisted by his/her counsel de Ioficio/ de parte (name of counsel), accused entered a plea ofguilty. The privatecomplainant (name of complainant) and the Ipublic prosecutor (name of prosecutor) conformed with the Iaccused pleading guilty to a lesser offense. :

IWHEREFORE, judgment is hereby rendered finding the

accused (name of the accused) guilty beyond reasonable doubtfor the crime of , defined and penalized under :____ --',and is hereby sentenced to suffer the indeterminate!

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penal ty* of !

The period within which the accused was detained shall :be credited to him in full, as long as he abides by and strictly !

Ifollows the rules and regulations of the institution where he is I

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detained or confined. !

SO ORDERED."

* It may be a straight penalty if imposed by the First Level Court and the,penalty is one (1) year or less. But, if imposed by the Second Level Court,the penalty must provide for a minimum period and a maximum period,unless the applicable penalty is one (1)year or less.

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Annex 3

Template Judgment; Plea of Guilty to the Crime Charged:

"When the accused was arraigned by reading theInformation in the language known and understood byhim/her, assisted by his/her counsel de oficio/ de parte (name ofcounsel), the accused entered a plea of guilty. When queried,the accused and his/her counsel informed the court that theaccused fully understands the nature and consequence of hisentering a plea of guilty to the crime charged in theInformation.

WHEREFORE, judgment is hereby rendered finding the \accused (name of the accused) guilty beyond reasonable doubt I

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of the crime , as defined and penalized under I____ -', and there being one mitigating circumstance of Iplea of guilty as provided for in paragraph 7 of Article 13 of the ~Revised Penal Code* and is hereby sentenced to suffer theindeterminate penalty**of _

The period within which the accused was detained shall I.

be credited to him in full, as long as he abided by and strictly Ifollowed the rules and regulations of the institution where hewas detained or confined.

SO ORDERED."

"Only in those crimes where plea of guilty is allowed as a mitigatingI

circumstance. 'II

**It may be a straight penalty if imposed by the First Level Court and theI

penalty is one (1) year or less. But, if imposed by the Second Level Court,the penalty must provide for a minimum period and a maximum period.

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Annex 4

Template Order When there is No Plea Bargaining or Plea of Guilty:

"When the accused (name), assisted by his/her counsel de I

parte/de oficio (name), was arraigned by reading to him/her theInformation in a language known and understood by him/her, saidaccused entered the plea of Not Guilty.

The pre-trial is hereby set on July 7 and 9, 2015,both at 8:30in I

the morning. *

Trial will proceed on July 28 and 30, August 4, 6, 11, and 13,2015, all at 8:30 in the morning and 2:00 in the afternoon, for the I

prosecution to present and terminate its evidence; and on September'1,3, 8, 10, 15, and 17, 2015,all at 8:30in the morning and 2:00.in the Iafternoon, for the defense to present and terminate its evidence.**

The parties are hereby ordered to be ready to take up thematters set forth in the Rules on Pre-Trial so as not to unduly delaythe proceedings. (The parties agreed to us.ethe affidavit of witnesses :or affidavit of witnesses submitted to the Prosecutor's Office or I

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sworn statement given to investigating agencies as their directtestimonies, and to mark the same in the pre-trial)***

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The pre-trial and the trial dates are final and intransferrable, :and no motions for postponement that are dilatory in character shall :be entertained by the court. I

The accused (name of accused), his counsel (name of counsel),public prosecutor (name of prosecutor), and the witness (name of I

witness) are hereby notified of this Order in open court. The courtshall no longer issue subpoena to the parties present today .

. SO ORDERED."

"Ex:Tuesday and Thursday, should be one (1)day apart.

**Thiswill depend on the number of witnesses listed in the information. i It issuggested that for every witness, two (2) trial dates should be allotted. The trial

Idates should likewise be one (1)day apart. :

***ForFirst Level Courts only.I

• If necessary, two (2) trial dates shall be allotted for the rebuttal evidence ofthe prosecution, and likewise, two (2) trial dates for the surrebuttalevidence of the accused. I

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Annex 5

Template Pre-Trial Order to be issued by First Level Courts

"At the Pre-Trial, the parties agreed to stipulate on thefollowing:

(State Stipulations)

IThe parties agreed and marked the (affidavit of witnesses I,

or affidavit of witnesses submitted to the Prosecutor's Office or !I

sworn statement given to investigating agencies) as the direct:testimonies of the witnesses of the prosecution and the accused. i

The prosecution and the accused marked in evidence theI

following documents:

(List of Exhibits).

The prosecution and 'the accused will present their:respective witnesses as follows:

(ListWitnesses)

The presentation of the evidence of the prosecution andthe accused shall be those that have been previously agreed I

upon during the arraignment of the accused, as follows: • '

(List)i

The court shall not allow the presentation of documentary ,,evidence or testimonial evidence not presented during the pre- .trial, except for exceptional reasons, and/ or rebuttal purposes. I

The contents of this pre-trial order shall control thesubsequent course of action.

SO ORDERED."

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Annex 6

Template Pre-Trial Order to be issued by Second Level Courts

1/ At the Pre-Trial the parties agreed to stipulate on the'following: I

(State Stipulations)

The prosecution and the accused marked in evidence the!following documents: '

(Marking of Exhibits)

The prosecution and the accused will present theirrespective witnesses as follows:

(List Witnesses),

The presentation of the evidence of the prosecution and 'the accused shall be those that have been previously agreed ]upon during the arraignment of the accused, as follows: !

(List)

The court shall not allow the presentation of documentary i

evidence or testimonial evidence not presented during the pre- itrial, except for exceptional reasons, and/ or rebuttal purposes.

The contents of this pre-trial order shall control thesubsequent course of action.

SO ORDERED."

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Annex 7

Ter:zplate Order on Resting the Case of the Prosecution:

"After the prosecution rested its case today, trial shall I

proceed on , for the accused to present and :terminate his evidence, of which date and time, the accused,his/her counsel and the prosecutor are already notified in opencourt.

SO ORDERED."

Annex 8

Template Order on Resting the Case of the Accused; Case is Submitted forDecision: '

"After the presentation of its last witness, the defenserested its case. There being no rebuttal evidence to be presentedby the prosecution, the court considers the case submitted for,decision. The promulgation of the decision of this case is herebyset on of which date and time,* the accused, his/hercounsel, and the prosecution have been notified in open courtthis morning.

SO ORDERED.",

* Should not be more than ninety (90) days from the submission of the'casefor decision.

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Annex 9

Template Order on Resting the Case of the Accused when Motion to FileMemoranda is Granted; Case is Submitted for Decision:

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JI After the accused rested his/her case today and therebeing no rebuttal evidence to be presented by the prosecution;the court considers the case submitted for decision. ,

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As prayed for, the parties are hereby given ten (10)day~from today within which to submit their respective

Imemoranda. * I

With or without memoranda, the promulgation of thedecision of this case is hereby set on of which dateand time,** the accused, his/her counsel and the public,prosecutor, are notified of this order in open court.

SO ORDERED."

* It is discretionary upon the court to grant or deny the parties motion tosubmit memoranda.

** Should not be more than ninety (90) days from the submission .of thecase for decision. ;

Annex 10

Template Order on Presentation of Rebuttal Evidence of Prosecution:

"After the accused rested his/her case today, th~presentation of rebuttal evidence of the prosecution is herebyset on , and the presentation of surrebuttal evidenceof the accused is hereby set on as previouslyscheduled. I

SO ORDERED."

I*I£after the presentation of the rebuttal witness, the prosecution shouldorally offer its evidence in rebuttal and the counsel for the accused ~hould

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immediately raise his objections or comments, the court shall resolve theoffer and respective objectionor comment. '

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Annex 11

Template Order on Presentation of Surrebuttal Evidence of the Accused:,!

"After the prosecution offered its documentary evidencein rebuttal, the reception of the surrebuttal evidence of th~accused is set on I

SO ORDERED."

Annex 12

Template Order; No Surrebuttal Evidence for the Accused:,

"After the prosecution rested in rebuttal its evidence, theaccused manifested that he/she is no longer presenting hi~surrebuttal evidence, the promulgation of the decision of .thiscase is hereby set on * i

SO ORDERED."

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* Should not be more than ninety (90)days from the submission of the casefor decision. .!

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