pre-trial and trial laws
TRANSCRIPT
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Sec. 14. Preliminary conference. Before
conducting the trial, the court shall call the
parties to a preliminary conference during which
a stipulation of facts may be entered into, or thepropriety of allowing the accused to enter a plea
of guilty to a lesser offense may be considered, or
such other matters may be taken up to clarify the
issues and to ensure a speedy disposition of the
case.However, no admission by the accused shall
be used against him unless reduced to writing
and signed by the accused and his counsel.Arefusal or failure to stipulate shall not prejudice
the accused.
Sec. 18. Referral to Lupon. Cases requiring
referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where
there is no showing of compliance with suchrequirement, shall be dismissed without
prejudice and may be revived only after such
requirement shall have been complied with. This
provision shall not apply to criminal cases where
the accused was arrested without a warrant. chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions.
The following pleadings, motions or petitionsshall not be allowed in the cases covered by this
Rule:
(a) Motion to dismiss the complaint or to quash
the complaint or information except on the
ground of lack of jurisdiction over the subject
matter, or failure to comply with the preceding
section;
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(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of
a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings,
affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or
prohibition against any interlocutory order issuedby the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. The affidavits required to
be submitted under this Rule shall state only
facts of direct personal knowledge of the affiants
which are admissible in evidence, and shall show
their competence to testify to the matters stated
therein.
A violation of this requirement may subject the
party or the counsel who submits the same to
disciplinary action, and shall be cause to expunge
the inadmissible affidavit or portion thereof from
the record.chanrobles
Administrative Circular No. 03-1-09-SC (July 13, 2004)
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B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public
prosecutor to submit the record of the preliminary investigation to the Branch
COC for the latter to attach the same to the record of the criminal case.
Where the accused is under preventive detention, his case shall be raffled and
its records transmitted to the judge to whom the case was raffled within three
days from the filing of the complaint or information. The accused shall be
arraigned within ten days from the date of the raffle. The pre-trial of his case
shall be held within ten days after arraignment unless a shorter period is
provided for by law.11
2. After the arraignment, the court shall forthwith set the pre-trial conference
within thirty days from the date of arraignment, and issue an order: (a)
requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act
of 2002, and for other matters requiring his presence;12(b) referring the case to
the Branch COC, if warranted, for a preliminary conference to be set at least
three days prior to the pre-trial to mark the documents or exhibits to be
presented by the parties and copies thereof to be attached to the records after
comparison and to consider other matters as may aid in its prompt
disposition; and (c) informing the parties that no evidence shall be allowed to
be presented and offered during the trial other than those identified and
marked during the pre-trial except when allowed by the court for good causeshown. A copy of the order is hereto attached as Annex "E". In mediatable
cases, the judge shall refer the parties and their counsel to the PMC unit for
purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties
in reaching a settlement of the civil aspect of the case, mark the documents to
be presented as exhibits and copies thereof attached to the records after
comparison, ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of documents marked as exhibits and
consider such other matters as may aid in the prompt disposition of the case.The proceedings during the preliminary conference shall be recorded in the
Minutes of Preliminary Conference to be signed by both parties and counsel.
(Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by
the Branch COC to the case record before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the
information, the statements in the affidavits of witnesses and other
documentary evidence which form part of the record of the preliminary
investigation.
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5. During the pre-trial, except for violations of the Comprehensive Dangerous
Drugs Act of 2002, the trial judge shall consider plea-bargaining
arrangements.13Where the prosecution and the offended party agree to the
plea offered by the accused, the court shall:
a. Issue an order which contains the plea bargaining arrived at;
b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil
liability or damages duly established by the evidence.14
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies
and admissions on the genuineness and due execution of documentsand list object and testimonial evidence;
b. Scrutinize every allegation of the information and the statements in
the affidavits and other documents which form part of the record of the
preliminary investigation and other documents identified and marked
as exhibits in determining farther admissions of facts, documents and in
particular as to the following:15
1. the identity of the accused;
2. court's territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
6. the cause of death or injury, in proper cases;
7. adoption of any evidence presented during the preliminary
investigation;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of
public authority and justifying or exempting circumstances; and9. such other matters that would limit the facts in issue.
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere to the flow
chart determined by the court which shall contain the time frames for the
different stages of the proceeding up to promulgation of decision and use
the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses
and contact numbers of witnesses that need to be summonedby subpoena;16and
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f. Consider modification of order of trial if the accused admits the charge
but interposes a lawful defense.
7. During the pre-trial, the judge shall be the one to ask questions on issues
raised therein and all questions must be directed to him to avoid hostilities
between parties.
8. All agreements or admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in Section 1 of Rule 118 shall be approved by
the court. (Section 2, Rule 118)
9. All proceedings during the pre-trial shall be recorded, the transcripts
prepared and the minutes signed by the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the
termination of the pre-trial setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, evidence marked, the
number of witnesses to be presented and the schedule of trial. Said Order
shall bind the parties, limit the trial to matters not disposed of and control the
course the action during the trial.17
R.A. No. 8493 (1998) "SPEEDY TRIAL ACT of 1998"
Section 2. Mandatory Pre-Tr ial in Criminal Cases . - In all casescognizable by the Municipal Trial Court, Municipal Circuit Trial Court,
Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan,
the justice or judge shall, after arraignment, order a pre-trial conference
to consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement.- All agreements or admissions madeor entered into during the pre-trial conference shall be reduced to writing
and signed by the accused and counsel, otherwise the same shall not be
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used in evidence against the accused. The agreements in relation to
matters referred to in Section 2 hereof is subject to the approval of the
court: Provided, That the agreement on the plea of the accused to a
lesser offense may only be revised, modified, or annulled by the court
when the same is contrary to law, public morals, or public policy.
Section 4. Nonappearance at Pre-Tr ial Conference.- Where counselfor the accused or the prosecutor does not appear at the pre-trial
conference and does not offer an acceptable excuse for his/her lack of
cooperation, the pre-trial justice or judge may impose proper sanctions
or penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court
shall issue an order reciting the actions taken, the facts stipulated, andevidence marked. Such order shall bind the parties, limit the trial to
matters not disposed of and control the course of action during the trial,
unless modified by the court to prevent manifest injustice.
Section 6. Time Limit for Trial. - In criminal cases involving personscharged of a crime, except those subject to the Rules on Summary
Procedure, or where the penalty prescribed by law does not exceed six
(6) months imprisonment, or a fine of One thousand pesos (P1,000.00)
or both, irrespective of other imposable penalties, the justice or judge
shall, after consultation with the public prosecutor and the counsel for
the accused, 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 Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of
the Rules of Court.
Section 7. Time Limit Between Filing of Information andArraig nment and B etween A rraig nment and Tr ial.- The arraignmentof an accused shall be held within thirty (30) days from the filing of the
information, or from the date the accused has appeared before the
justice, judge or court in which the charge is pending, whichever date
last occurs. Thereafter, where a plea of not guilty is entered, the
accused shall have at least fifteen (15) days to prepare for trial. Trial
shall commence within thirty (30) days from arraignment as fixed by the
court.
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If the accused pleads not guilty to the crime charged, he/she shall state
whether he/she interposes a negative or affirmative defense. A negative
defense shall require the prosecution to prove the guilt of the accused
beyond reasonable doubt, while an affirmative defense may modify the
order of trial and require the accused to prove such defense by clear andconvincing evidence.
Section 8. Time Limit Following an Order for New Trial. - If theaccused is to be tried again following an order of a court for a new trial,
the trial shall commence within thirty (30) days from the date the order
for a new trial becomes final, except that the court retrying the case may
extend such period but in any case shall not exceed one hundred eighty
(180) days from the date the order for a new trial becomes final if
unavailability of witnesses or other factors resulting from passage of time
shall make trial within thirty (30) days impractical.
Section 9. Extended Time Limit. - Notwithstanding the provisions ofSection 7 of this Act, for the first twelve-calendar-month period following
its effectivity, the time limit with respect to the period from arraignment to
trial imposed by Section 7 of this Act shall be one hundred eighty (180)
days. For the second twelve-month period the time limit shall be one
hundred twenty (120) days, and for the third twelve-month period thetime limit with respect to the period from arraignment to trial shall be
eighty (80) days.
Section 10. Exclusions . - The following periods of delay shall beexcluded in computing the time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the
accused, including but not limited to the following:
(1) delay resulting from an examination of the accused, and hearing on
his/her mental competency, or physical incapacity;
(2) delay resulting from trials with respect to charges against the
accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions: Provided, That the
delay does not exceed thirty (30) days,
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(5) delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial
question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30)
days, during which any proceeding concerning the accused is actually
under advisement.
(b) Any period of delay resulting from the absence or unavailability of the
accused or an essential witness.
For purposes of this subparagraph, an accused or an essential witnessshall be considered absent when his/her whereabouts are unknown and,
in addition, he/she is attempting to avoid apprehension or prosecution or
his/her whereabouts cannot be determined by due diligence. An
accused or an essential witness shall be considered unavailable
whenever his/her whereabouts are known but his/her presence for trial
cannot be obtained by due diligence or he/she resists appearing at or
being returned for trial.
(c) Any period of delay resulting from the fact that the accused ismentally incompetent or physically unable 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, or
any offense required to be joined with that offense, any period of delay
from the date the charge was dismissed to the date the time limitation
would commence to run as to the subsequent charge had there been no
previous charge.
(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 severance has
been granted.
(f) Any period of delay resulting from a continuance granted by any
justice or judge motu propio or on motion of the accused or his/her
counsel or at the request of the public prosecutor, if the justice or judge
granted such continuance on the basis of his/her findings that the ends
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of justice served by taking such action outweigh the best interest of the
public and the defendant in a speedy trial. No such period of delay
resulting from a continuance granted by the court in accordance with this
subparagraph shall be excludable under this section unless the court
sets forth, in the record of the case, either orally or in writing, its reasonsfor finding that the ends of justice served by the granting of such
continuance outweigh the best interests of the public and the accused in
a speedy trial.
Section 11. Factors for Granting Continuance.- The factors, amongothers, which a justice or judge shall consider in determining whether to
grant a continuance under subparagraph (f) of Section 10 of this Act are
as follows:
(a) Whether the failure to grant such a continuance in the proceeding
would be likely to make a continuation of such proceeding impossible, or
result in a miscarriage of justice.
(b) Whether the case taken as a whole is so novel, so unusual and so
complex, due to the number of accused or the nature of the prosecution
or otherwise, that it is unreasonable to expect adequate preparation
within the periods of time established by this Act.
No continuance under subparagraph (f) of Section 10 shall be granted
because of general congestion of the court's calendar, or lack of diligent
preparation or failure to obtain available witnesses on the part of the
public prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned.- If the public attorney knows that a person charged of a crime is
preventively detained, either because he/she is charged of a bailable
crime and has no means to post bail, or is charged of a non-bailable
crime, or is serving a term of imprisonment in any penal institution, the
public attorney shall promptly:
(a) Undertake to obtain the presence of the prisoner for trial, or cause a
notice to be served on the person having custody of the prisoner
mandating such person to so advise the prisoner of his/her right to
demand trial.
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(b) Upon receipt of a notice, the person having custody of the prisoner
shall promptly advise the prisoner of the charge and of his/her right to
demand trial. If at any time thereafter the prisoner informs the person
having custody that he/she demands trial, such person shall cause
notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek
to obtain the presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the
public attorney a properly supported request for temporary custody of
the prisoner for trial, the prisoner shall be made available to that public
attorney.
Section 13. Remedy Where Accused is Not B rought to Trial Withinthe Time Limit.- If an accused is not brought to trial within the time limitrequired by Section 7 of this Act as extended by Section 9, the
information shall be dismissed on motion of the accused. The accused
shall have the burden of proof of supporting such motion but the
prosecution shall have the burden of going forward with the evidence in
connection with the exclusion of time under Section 10 of this Act.
In determining whether to dismiss the case with or without prejudice, thecourt shall consider, among other factors, the seriousness of the
offense, the facts and circumstances of the case which led to the
dismissal, and the impact of a reprosecution on the implementation of
this Act and on the administration of justice. Failure of the accused to
move for dismissal prior to trial or entry of a plea of guilty shall constitute
a waiver of the right to dismissal under this section.
Section 14.Sanctions .- In any case in which counsel for the accused,the public prosecution or public attorney:
(a) knowingly allows the case to be set for trial without disclosing the fact
that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows is
totally frivolous and without merit;
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(c) makes a statement for the purpose of obtaining continuance which
he/she knows to be false and which is material to the granting of a
continuance; or
(d) otherwise willfully fails to proceed to trial without justificationconsistent with the provisions of this Act, the court may, without
prejudice to any appropriate criminal and/or administrative charges to be
instituted by the proper party against the erring counsel if and when
warranted, punish any such counsel or attorney, as follows:
(1) in the case of a counsel privately retained in connection with the
defense of an accused, by imposing a fine not exceeding; fifty percent
(50%) of the compensation to which he/she is entitled in connection with
his/her defense of the accused;
(2) by imposing on any appointed counsel de officio or public prosecutor
a fine not exceeding Ten thousand pesos (10,000.00); and
(3) by denying any defense counsel or public prosecutor the right to
practice before the court considering the case for a period not exceeding
thirty (30) days.
The authority to punish provided for by this section shall be in addition toany other authority or power available to the court. The court shall follow
the procedures established in the Rules of Court in punishing any
counsel or public prosecutor pursuant to this section.
Supreme Court CIRCULAR NO. 38-98 August 11, 1998
IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED
"AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE
THE SANDIGANBAYAN,REGIONAL TRIAL COURT, METROPOLITAN TRIALCOURT, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND
MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES."
SECTION 1. PURPOSE OF CIRCULAR. This Circular is promulgated for the
purpose of implementing the provisions of Republic Act No. 8493, otherwise known
as the "Speedy Trial Act of 1998," as directed in Section 15 hereof.
Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. The arraignmentand the pre-trial, if the accused pleads not guilty to the crime charged, shall be held
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within thirty (30) days from the date the court acquires jurisdiction over the person of
the accused. The period of the pendency of a motion to quash, or for a bill of
particulars, or other causes justifying suspension of arraignment shall be excluded.
Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. In all criminal cases
cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court,
the court shall, after arraignment, order a pre-trial conference to consider the
following:
(a) Plea bargaining;
(b) Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.
If the accused has pleaded not guilty to the crime charged, he may state whether he
interposes a negative or affirmative defense. A negative defense shall require the
prosecution to proved the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove
such defense by clear and convincing evidence.
Sec. 4. PRE-TRIAL AGREEMENT. All agreements or admissions made orentered into during the pre-trial conference shall be reduced to writing and signed by
the accused and counsel, otherwise the same shall not be used against the accused.
The agreements in relation to matters referred to in Section 3 hereof are subject to
the approval of the court; Provided, That the agreement on the please of the
accused should be to a lesser offense necessarily included in the offense charged.
Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. Where counsel for
the accused or the prosecutor does not appear at the pretrial conference and does
not offer an acceptable excuse for his lack of cooperation, the court may imposeproper sanctions or penalties.
Sec. 6. PRE-TRIAL ORDER.After the pre-trial conference, the court shall issuean order reciting the actions taken, the facts stipulated, and the evidence marked.
Such order shall bind the parties, limit the trial to matters not disposed of and control
the course of action during the trial, unless modified by the court to prevent manifest
injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at least
fifteen (15) days to prepare for trial which shall commence within thirty (30) days
from receipt of the pre-trial order.
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Sec. 7. EXTENDED TIME LIMIT. Notwithstanding the provisions of the precedingsections 2 and 6 for the first twelve-calendar-month period following its effectivity, 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 twelve-month
period, the time limit shall be one hundred twenty (120) days, and for the third
twelve-month period the time limit shall be eighty (80) days.
Sec. 8. TIME LIMIT FOR TRIAL.In criminal cases involving persons charged witha crime, except those subject to the Rule of Summary Procedure, or where the
penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of
one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties,
the court shall, after consultation with the public prosecutor and the counsel for the
accused, 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 Court Administrator pursuant to Section 2,Rule 30 of the Rules of Court.
Sec. 9. EXCLUSIONS. The following periods of delay shall be excluded incomputing the time within which trial must commence:
(a) Any period resulting from other proceedings concerning the accused, including
but not limited to the following:
(1) delay resulting from an examination of the physical and mental condition of the
accused;
(2) delay resulting from proceedings with respect to other criminal charges against
the accused;
(3) delay resulting from extraordinary remedies against interlocutory orders;
(4) delay resulting from pre-trial proceedings; Provided, that the delay does not
exceed thirty (30) days;
(5) delay resulting from orders of inhibition or proceedings relating to change of
venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30) days, during
which any proceeding concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an essential
witness.
For purposes of this subparagraph, an essential witness shall be considered
absent when his whereabouts are unknown or his whereabouts cannot bedetermined by due diligence. An essential witness shall be considered
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unavailable whenever his whereabouts are known but his presence for trial
cannot be obtained by due diligence.
(c) Any period of delay resulting from the fact that the accused is mentally
incompetent or physically unable 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, any
period of delay from the date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent charge had there
been no previous charge.
(e) A reasonable period of delay when the accused is mentally incompetent or
physically unable to stand trial.
(f) Any period of delay resulting from a continuance granted by any court motu
propioor on motion of either the accused for the same offense, any period of
delay from the date the charge was dismissed to the date the time limitation
would commence to run as to the subsequent charge had there been no
previous charge.
Sec. 10. FACTORS FOR GRANTING CONTINUANCE. The following factors,among others, shall be considered by a court in determining whether to grant a
continuance under subparagraph (f) of Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding would be like
to make a continuation of such proceeding impossible, or result in a miscarriage of
justice; and
(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 otherwise, that it is
unreasonable to expect adequate preparation within the periods of time established
herein.
No continuance under subparagraph (f) Section 9 hereof shall be granted because of
congestion of the courts calendar, or lack of diligent preparation or failure to obtainavailable witnesses on the part of the public prosecutor.
Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL.If the accusedis to be tried again pursuant to an order of a court for a new trial, the trial shall
commence within thirty (30) days from notice of that order, except that the court
retrying the case may extend such period but not to exceed one hundred eighty
(180) days from notice of said order for a new trial if unavailability of witnesses or
other factors make trial within thirty (30) days impractical.
Sec. 12. PUBLIC ATTORNEYS DUTIES WHERE ACCUSED IS IMPRISONED.Ifthe public attorney assigned to defend a person charged with a crime knows that the
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latter is preventively detained, either because he is charged with a bailable crime
and has no means to post bail, or is charged with a non-bailable crime, or is serving
a term of imprisonment in any penal institution:
(a) The public attorney shall promptly undertake to obtain the presence of the
prisoner for trial, or cause a notice to be served on the person having custody of theprisoner requiring such person to so advise the prisoner of his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner shall
promptly advise the prisoner of the charge and of his right to demand trial, If at any
time thereafter the prisoner informs his custodian that he demands such trial, the
latter shall cause notice to that effect to be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the
presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public attorney
a properly supported request for the availability of the prisoner for purposes of the
trial, the prisoner shall be made available accordingly.
Sec. 13. SANCTIONS.In any case in which private counsel for the accused, thepublic attorney or the public prosecutor:
(a) knowingly allows the case to be set for trial without disclosing the fact that a
necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is totally frivolousand without merit;
(c) makes a statement for the purpose of obtaining continuance which he know to be
false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with the
provisions hereof, the court may punish any such counsel, attorney or prosecutor, as
follows:
(1) in the case of a counsel privately retained in connection with the defense of an
accused, by imposing a fine of not exceeding twenty thousand pesos (P20,000.00);
(2) by imposing on any appointed counsel de oficio, public attorney or public
prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice before
the court considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be without prejudice to any
appropriate criminal action or any other sanction authorized under the Rules of
Court.
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shown. A copy of the order is hereto attached as Annex "E". In mediatable
cases, the judge shall refer the parties and their counsel to the PMC unit for
purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties
in reaching a settlement of the civil aspect of the case, mark the documents tobe presented as exhibits and copies thereof attached to the records after
comparison, ascertain from the parties the undisputed facts and admissions
on the genuineness and due execution of documents marked as exhibits and
consider such other matters as may aid in the prompt disposition of the case.
The proceedings during the preliminary conference shall be recorded in the
Minutes of Preliminary Conference to be signed by both parties and counsel.
(Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by
the Branch COC to the case record before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the
information, the statements in the affidavits of witnesses and other
documentary evidence which form part of the record of the preliminary
investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous
Drugs Act of 2002, the trial judge shall consider plea-bargaining
arrangements.13Where the prosecution and the offended party agree to the
plea offered by the accused, the court shall:
a. Issue an order which contains the plea bargaining arrived at;
b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil
liability or damages duly established by the evidence.14
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopiesand admissions on the genuineness and due execution of documents
and list object and testimonial evidence;
b. Scrutinize every allegation of the information and the statements in
the affidavits and other documents which form part of the record of the
preliminary investigation and other documents identified and marked
as exhibits in determining farther admissions of facts, documents and in
particular as to the following:15
1. the identity of the accused;2. court's territorial jurisdiction relative to the offense/s charged;
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3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
6. the cause of death or injury, in proper cases;
7. adoption of any evidence presented during the preliminary
investigation;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of
public authority and justifying or exempting circumstances; and
9. such other matters that would limit the facts in issue.
c. Define factual and legal issues;
d. Ask parties to agree on the specific trial dates and adhere to the flow
chart determined by the court which shall contain the time frames for thedifferent stages of the proceeding up to promulgation of decision and use
the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses
and contact numbers of witnesses that need to be summoned
by subpoena;16and
f. Consider modification of order of trial if the accused admits the charge
but interposes a lawful defense.
7. During the pre-trial, the judge shall be the one to ask questions on issuesraised therein and all questions must be directed to him to avoid hostilities
between parties.
8. All agreements or admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in Section 1 of Rule 118 shall be approved by
the court. (Section 2, Rule 118)
9. All proceedings during the pre-trial shall be recorded, the transcripts
prepared and the minutes signed by the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the
termination of the pre-trial setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, evidence marked, the
number of witnesses to be presented and the schedule of trial. Said Order
shall bind the parties, limit the trial to matters not disposed of and control the
course the action during the trial.17
Republic Act No. 6981 April 24, 1991
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immediate members of his family may avail themselves of the protection
provided for under this Act.
If the Department, after examination of said applicant and other relevant
facts, is convinced that the requirements of this Act and its implementingrules and regulations have been complied with, it shall admit said
applicant to the Program, require said witness to execute a sworn
statement detailing his knowledge or information on the commission of
the crime, and thereafter issue the proper certification. For purposes of
this Act, any such person admitted to the Program shall be known as the
Witness.
Section 4. Witness in Legislative Investigations. - In case of
legislative investigations in aid of legislation, a witness, with his expressconsent, may be admitted into the Program upon the recommendation of
the legislative committee where his testimony is needed when in its
judgment there is pressing necessity therefor: Provided, That such
recommendation is approved by the President of the Senate or the
Speaker of the House of Representatives, as the case may be.
Section 5. Memorandum of Ag reement With the Person to beProtected. - Before a person is provided protection under this Act, heshall first execute a memorandum of agreement which shall set forth his
responsibilities including:
a) to testify before and provide information to all appropriate law
enforcement officials concerning all appropriate proceedings in
connection with or arising from the activities involved in the offense
charged;
b) to avoid the commission of the crime;lawphi1
c) to take all necessary precautions to avoid detection by others of the
facts concerning the protection provided him under this Act;
d) to comply with legal obligations and civil judgments against him;
e) to cooperate with respect to all reasonable requests of officers and
employees of the Government who are providing protection under this
Act; and
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f) to regularly inform the appropriate program official of his current
activities and address.1awphi1
Section 6. Breach of the Memorandum of Agreement. - Substantial
breach of the memorandum of agreement shall be a ground for thetermination of the protection provided under this Act: Provided, however,
That before terminating such protection, the Secretary of Justice shall
send notice to the person involved of the termination of the protection
provided under this Act, stating therein the reason for such termination.
Section 7. Confidentiality of Proceedings.- All proceedings involvingapplication for admission into the Program and the action taken thereon
shall be confidential in nature. No information or documents given or
submitted in support thereof shall be released except upon written orderof the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall
upon conviction be punished with imprisonment of not less than one (1)
year but not more than six (6) years and deprivation of the right to hold a
public office or employment for a period of five (5) years.
Section 8. Rights and Benefits.- The witness shall have the following
rights and benefits:ITC-ALF
(a) To have a secure housing facility until he has testified or until the
threat, intimidation or harassment disappears or is reduced to a
manageable or tolerable level. When the circumstances warrant, the
Witness shall be entitled to relocation and/or change of personal identity
at the expense of the Program. This right may be extended to any
member of the family of the Witness within the second civil degree of
consanguinity or affinity.
(b) The Department shall, whenever practicable, assist the Witness in
obtaining a means of livelihood. The Witness relocated pursuant to this
Act shall be entitled to a financial assistance from the Program for his
support and that of his family in such amount and for such duration as
the Department shall determine.
(c) In no case shall the Witness be removed from or demoted in work
because or on account of his absences due to his attendance before any
judicial or quasi-judicial body or investigating authority, including
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legislative investigations in aid of legislation, in going thereto and in
coming therefrom: Provided, That his employer is notified through a
certification issued by the Department, within a period of thirty (30) days
from the date when the Witness last reported for work: Provided, further,
That in the case of prolonged transfer or permanent relocation, theemployer shall have the option to remove the Witness from employment
after securing clearance from the Department upon the recommendation
of the Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall
be paid his equivalent salaries or wages corresponding to the number of
days of absence occasioned by the Program. For purposes of this Act,
any fraction of a day shall constitute a full day salary or wage. This
provision shall be applicable to both government and private employees.
(d) To be provided with reasonable travelling expenses and subsistence
allowance by the Program in such amount as the Department may
determine for his attendance in the court, body or authority where his
testimony is required, as well as conferences and interviews with
prosecutors or investigating officers.
(e) To be provided with free medical treatment, hospitalization and
medicines for any injury or illness incurred or suffered by him because of
witness duty in any private or public hospital, clinic, or at any such
institution at the expense of the Program.
(f) If a Witness is killed, because of his participation in the Program, his
heirs shall be entitled to a burial benefit of not less than Ten thousand
pesos (P10,000.00) from the Program exclusive of any other similar
benefits he may be entitled to under other existing laws.
(g) In case of death or permanent incapacity, his minor or dependent
children shall be entitled to free education, from primary to college level
in any state, or private school, college or university as may be
determined by the Department, as long as they shall have qualified
thereto.
Section 9. Speedy Hearing or Tr ial. - In any case where a Witnessadmitted into the Program shall testify, the judicial or quasi-judicial body,
or investigating authority shall assure a speedy hearing or trial and shall
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endeavor to finish said proceeding within three (3) months from the filing
of the case.
Section 10. S tate Witness . - Any person who has participated in the
commission of a crime and desires to be a witness for the State, canapply and, if qualified as determined in this Act and by the Department,
shall be admitted into the Program whenever the following
circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as
defined under the Revised Penal Code or its equivalent under special
laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution
of the offense committed:
(d) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and
(f) he has not at any time been convicted of any crime involving moralturpitude.
An accused discharged from an information or criminal complaint by the
court in order that he may be a State Witness pursuant to Section 9 and
10 of Rule 119 of the Revised Rules of Court may upon his petition be
admitted to the Program if he complies with the other requirements of
this Act. Nothing in this Act shall prevent the discharge of an accused,
so that he can be used as a State Witness under Rule 119 of the
Revised Rules of Court.
Section 11.Sworn S tatement.- Before any person is admitted into theProgram pursuant to the next preceding Section he shall execute a
sworn statement describing in detail the manner in which the offense
was committed and his participation therein. If after said examination of
said person, his sworn statement and other relevant facts, the
Department is satisfied that the requirements of this Act and its
implementing rules are complied with, it may admit such person into the
Program and issue the corresponding certification.
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If his application for admission is denied, said sworn statement and any
other testimony given in support of said application shall not be
admissible in evidence, except for impeachment purposes.
Section 12. Effect of Admission of a State Witness into theProgram. - The certification of admission into the Program by theDepartment shall be given full faith and credit by the provincial or city
prosecutor who is required not to include the Witness in the criminal
complaint or information and if included therein, to petition the court for
his discharge in order that he can utilized as a State Witness. The Court
shall order the discharge and exclusion of the said accused from the
information.
Admission into the Program shall entitle such State Witness to immunityfrom criminal prosecution for the offense or offenses in which his
testimony will be given or used and all the rights and benefits provided
under Section 8 hereof.
Section 13. Failure or Refusal of the Witness to Testify. - AnyWitness registered in the Program who fails or refuses to testify or to
continue to testify without just cause when lawfully obliged to do so, shall
be prosecuted for contempt. If he testifies falsely or evasively, he shall
be liable to prosecution for perjury. If a State Witness fails or refuses to
testify, or testifies falsely or evasively, or violates any condition
accompanying such immunity without just cause, as determined in a
hearing by the proper court, his immunity shall be removed and he shall
be subject to contempt or criminal prosecution. Moreover, the enjoyment
of all rights and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by
testifying at any appropriate stage of the proceedings.
Section 14. Compelled Testimony. - Any Witness admitted into theProgram pursuant to Sections 3 and 10 of this Act cannot refuse to
testify or give evidence or produce books, documents, records or
writings necessary for the prosecution of the offense or offenses for
which he has been admitted into the Program on the ground of the
constitutional right against self-incrimination but he shall enjoy immunity
from criminal prosecution and cannot be subjected to any penalty or
forfeiture for any transaction, matter or thing concerning his compelledtestimony or books, documents, records and writings produced.
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In case of refusal of said Witness to testify or give evidence or produce
books, documents, records, or writings, on the ground of the right
against self-incrimination, and the state prosecutor or investigator
believes that such evidence is absolutely necessary for a successful
prosecution of the offense or offenses charged or under investigation,he, with the prior approval of the department, shall file a petition with the
appropriate court for the issuance of an order requiring said Witness to
testify, give evidence or produce the books, documents, records, and
writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall
order the arrest and detention of the Witness in any jail contiguous to the
place of trial or investigation until such time that the Witness is willing to
give such testimony or produce such documentary evidence.
Section 15. Perjury or Contempt.- No Witness shall be exempt fromprosecution for perjury or contempt committed while giving testimony or
producing evidence under compulsion pursuant to this Act. The penalty
next higher in degree shall be imposed in case of conviction for perjury.
The procedure prescribed under Rule 71 of the Rules of Court shall be
followed in contempt proceedings but the penalty to be imposed shall
not be less than one (1) month but not more than one (1) yearimprisonment.
Section 16. Credibility of Witness. - In all criminal cases, the fact ofthe entitlement of the Witness to the protection and benefits provided for
in this Act shall not be admissible in evidence to diminish or affect his
credibility.
Section 17. Penalty for Harassment of Witness. - Any person who
harasses a Witness and thereby hinders, delays, prevents or dissuadesa Witness from:
(a) attending or testifying before any judicial or quasi-judicial body or
investigating authority;
(b) reporting to a law enforcement officer or judge the commission or
possible commission of an offense, or a violation of conditions or
probation, parole, or release pending judicial proceedings;
(c) seeking the arrest of another person in connection with the offense;
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(d) causing a criminal prosecution, or a proceeding for the revocation of
a parole or probation; or
(e) performing and enjoying the rights and benefits under this Act or
attempts to do so, shall be fined not more than Three thousand pesos(P3,000.00) or suffer imprisonment of not less than six (6) months but
not more than one (1) year, or both, and he shall also suffer the penalty
of perpetual disqualification from holding public office in case of a public
officer.
PRESIDENTIAL DECREE No. 749 July 18, 1975
GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF
BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES INBRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC
OFFICERS
WHEREAS, public office is a public trust: public officers are but servants
of the people, whom they must serve with utmost fidelity and integrity;
WHEREAS, it has heretofore been virtually impossible to secure the
conviction and removal of dishonest public servants owing to the lack of
witnesses: the bribe or gift-givers being always reluctant to testifyagainst the corrupt public officials and employees concerned for fear of
being indicted and convicted themselves of bribery and corruption;
WHEREAS, it is better by far and more socially desirable, as well as just,
that the bribe or gift giver be granted immunity from prosecution so that
he may freely testify as to the official corruption, than that the official who
receives the bribe or gift should be allowed to go free, insolently
remaining in public office, and continuing with his nefarious and corrupt
practices, to the great detriment of the public service and the publicinterest.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution, do
hereby decree and order that:
Section 1. Any person who voluntarily gives information about any
violation of Articles 210, 211, and 212 of the Revised Penal Code;
Republic Act Numbered Three Thousand Nineteen, as amended;
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Section 345 of the Internal Revenue Code and Section 3604 of the Tariff
and Customs Code and other provisions of the said Codes penalizing
abuse or dishonesty on the part of the public officials concerned; and
other laws, rules and regulations punishing acts of graft, corruption and
other forms of official abuse; and who willingly testifies against anypublic official or employee for such violation shall be exempt from
prosecution or punishment for the offense with reference to which his
information and testimony were given, and may plead or prove the giving
of such information and testimony in bar of such prosecution: Provided;
that this immunity may be enjoyed even in cases where the information
and testimony are given against a person who is not a public official but
who is a principal, or accomplice, or accessory in the commission of any
of the above-mentioned violations: Provided, further, that this immunity
may be enjoyed by such informant or witness notwithstanding that he
offered or gave the bribe or gift to the public official or his accomplice for
such gift or bribe-giving; and Provided, finally, that the following
conditions concur:
1. The information must refer to consummated violations of any of the
above-mentioned provisions of law, rules and regulations;
2. The information and testimony are necessary for the conviction of theaccused public officer;
3. Such information and testimony are not yet in the possession of the
State;
4. Such information and testimony can be corroborated on its material
points; and
5. The informant or witness has not been previously convicted of a crime
involving moral turpitude.
Section 2. The immunity granted hereunder shall not attach should it
turn out subsequently that the information and/or testimony is false and
malicious or made only for the purpose of harassing, molesting or in any
way prejudicing the public officer denounced. In such a case, the public
officer so denounced shall be entitled to any action, civil or criminal,
against said informant or witness.
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Section 3. All preliminary investigations conducted by a prosecuting
fiscal, judge or committee, and all proceedings undertaken in connection
therewith, shall be strictly confidential or private in order to protect the
reputation of the official under investigation in the event that the report
proves to be unfounded or no prima facie case is established.
Section 4.All acts, decrees and rules and regulations inconsistent with
the provisions of this decree are hereby repealed or modified
accordingly.
Section 5.This Decree shall take effect immediately.