A.M. No.

02-1-18-SC

November 24, 2009

RULE ON JUVENILES IN CONFLICT WITH THE LAW REVISED RULE ON CHILDREN IN CONFLICT WITH THE LAW Section 1. Applicability of the Rule. - This Rule shall apply to all criminal cases involving children in conflict with law. A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years old but not less than fifteen (15) years and one (1) day old. This Rule shall not apply to a person who at the time of the initial contact as defined in Sec. 4 (q) of this Rule shall have reached the age of eighteen (18) in which case, the regular rules on criminal procedure shall apply without prejudice to the rights granted under Secs. 53,54,55 and 56 of this Rule. Section 2. Objective. - The objective of this Rule is to ensure that the justice system treats every child in conflict with the law in a manner that recognizes and upholds human dignity and worth, and instills in the child respect for the fundamental rights ad freedom of others. The Rule considers the developmental age of the child and the desirability of the child's reintegration in the assumption of a constructive role in society in accordance with the principles of balanced and restorative justice. To attain this objective, the Rule seeks: (a) To provide child-appropriate proceedings, including programs and services for crime prevention, diversion, rehabilitation, re-integration and aftercare to ensure the normal growth and development of the child in conflict with the law; (b) To provide procedural rules dealing with children in conflict with the law that take into account their distinct circumstances, assure all parties of a fair hearing with each party's constitutional and statutory rights recognized and respected, and ensure that appropriate disposition measures are implemented by law enforcers social services and the courts; (c) To divert from the formal justice system children in conflict with the law who can be cared for or placed under community continuum alternative programs of treatment, training and rehabilitation in conformity with the principles of balanced and restorative justice; (d) To deal with the child in a family environment whenever possible, and to separate the child from the parents only when necessary for the child's welfare or in the interest of public safety. (e) To remove from children in conflict with the law the stigma of criminality and criminal behavior; (f) to promote, facilitate and implement in administrative and judicial proceedings respect for the view of the child; (g) To provide for the care, protection and wholesome moral, mental, and physical development of children in conflict with the law; and (h) To promote and protect the rights and interest of children as zones of peace in situations of armed conflict, but who are alleged to be in conflict with the law. (a) Section 3. Interpretation. - This Rule shall be interpreted liberally to promote the best interest of the child in conformity with Philippine laws, the United Nations' Convention on the Rights of the Child and relevant international treaties and protocols. Section 4. Definitions. - As used in this Rule, (a) Age of criminal responsibility is the age when a child, fifteen (15) years and one (1) day old or above but below eighteen (18) years of age, commits an offense with discernment. (b) Bail refers to the security given for the release of the child in custody of the law, furnished by the child, the child's parent, guardian, or a bondsman, to guarantee the child's appearance before the court. Bail may be posted in a form such as corporate security, property bond or cash deposit. (c) Balanced and Restorative Justice is a principle in juvenile justice that requires a process of resolving conflicts with the participation of the victim, the child in conflict with the law, and the community. It seeks to obtain reparation for the victim; reconciliation to the victim, the child in conflict with the law, and the community, and the reassurance that the child in conflict

with the law can be reintegrated into society. It also enhances public safety by involving the victim, the child in conflict with the law, and the community in prevention strategies. (a) (d) Best interest of the child refers to the totality of congenial to the survival, protection and feelings of security of the child and most encouraging to the child's physical, psychological and emotional development. It also means the least detrimental available alternative for safeguarding the growth and development. (e) Case study report is a written report on the social case inquiry conducted by the social worker of the local government unit or the Department of Social Welfare and Development or by the social worker designated by the court on the social, cultural, economic and legal status or condition of the child in conflict in the law. It shall include, among other matters, the child's development age; educational attainment; family and social relationships; the quality of the child's peer group; the strengths and weaknesses of the family; parental control; the child's attitude towards the offense ; the harm or damage done to others resulting from the offenses, if any; and the attitude of the parents towards the child's responsibility for the offense. The social worker shall also include an initial determination of the child's discernment in the commission of the offense. (a) (f) Community continuum refers to the aftercare of a child in conflict with the law and is a provides continuous guidance and support to the child in conflict with the law upon release from rehabilitation and subsequent reintegration into society. Community continuum for the child includes timely release, suitable residence, food, clothing, available employment and sufficient means to facilitate successful reintegration in local government unit and other appropriate agencies. (n) (g) Corporal punishment is any kind of physical punishment inflicted on the body as distinguished from pecuniary punishment or fine. (h) Court refers to a designated family court or in places where there are no designated family courts, any regional trial court hearing family and youth cases. (a) (i) Deprivation of Liberty refers to any form of detention or imprisonment, or to the placement of a child in conflict with the law in a public or private custodial setting, from which the child in conflict with the law is not permitted to leave at will except by order of any judicial or administrative authority. (a) (j) Discernment means the capacity of the child at the time of the commission of the offense to understand the differences between right and wrong and the consequences of the wrongful act. (k) Disposition conference is a meeting held by the court with the social worker who prepared the case study report, together with the child in conflict with the law and the parents or guardian ad litem, and the child's counsel for the purpose of determining the disposition measures appropriate to the personal and special circumstances of the child. (l) Diversion refers to an alternative child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of the child's social, cultural, economic psychological or educational background without resorting to formal court adjudication. (m) Diversion programs refer to programs the child in conflict the law is required to undergo in lieu of formal court proceedings. (n) Expedited Transfer of a Child is a process where a child who commits an offense is immediately brought by the apprehending officer or private individual to a social worker for preliminary determination of discernment. (n) (o) Guardian Ad Litem is a person appointed by the court to protect the best interest of the child. (a) (p) In conflict with the law means take into custody, detained, or charged with the commission of an act defined and punished as a crime or offense under the law, including violations of traffic laws, rules and regulations, and ordinances of local government units. (a) (q) Initial contact refers to apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. It includes the time the child alleged to be in conflict with the law receives a subpoena under Section 3 (b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6 (a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation, or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. (n) (r) Intake report is the initial written report containing the personal and other circumstances of the child in conflict with the law prepared by the social worker assigned to assist the child entering the justice system.

(s) Intervention programs refer to a series of individualized treatment activities or programs designed to address issues that caused the child to commit an offense . These may include counseling, skills, training, education, and other activities that are aimed to improve and enhance the child's psychological, emotional and psychosocial well being. (n) (t) Law Enforcement Officer refers to the person in authority or an agent as defined in Article 152 of the Revised Penal Code, including a barangay tanod. (n) (u) Non-Serious Offense refers to an offense where the imposable penalty for the crime committed is not more than six (6) years imprisonment. (n) (v) Probation is an alternative disposition, ordered by the court, under which a child in conflict with the law is released after conviction and sentence and permitted to remain at home or with an appropriate custodian, subject to certain terms and conditions imposed by the court. (w) Recognizance is an undertaking in lieu of a bond, assumed by a mother or father, or appropriate guardian or custodian, or in their absence, the nearest relative, or any responsible member of the community to assume custody of a child in conflict with the law and be responsible for the appearance of the child in court whenever required during the pendency of the case. (a) (x) Segregation refers to the procedure where, upon initial contact with a child alleged to have committed an offense, the law enforcer places the child in a separate and different area from adult detention prisoners, and ensures that female children are separated from male children. (n) (y) Serious offense refers to an offense where the imposable penalty for the offense committed exceeds six (6) years imprisonment. (a) (z) Status offenses refers to offenses that discriminate only against a child, such as curfew violations, truancy, parental disobedience and the like. (n) (aa) Suspended sentence is the holding in abeyance of the service of the sentence imposed by the court upon a finding of guilt of the child in conflict with the law, whereby the child undergoes rehabilitation within a fixed period under such terms and conditions as may be ordered by the court. (n) (bb) Victimless Crimes refer to offenses where there are no private offended parties. (n) (cc) Youth detention home refers to a 24-hour child-caring institution managed by accredited local government units and licensed and/or accredited non-government organizations providing short-term residential care for children in conflict with the law and where the child may be physically restricted by order of any judicial, administrative or other public authority, and from which the child is not permitted to leave at will, pending court disposition of the charge or transfer to other agencies or jurisdiction. (a) (dd) Youth rehabilitation center refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development, local government units, licensed and/or accredited non-government organizations monitored by the Department of Social Welfare and Development. The Center provides care, treatment and rehabilitation services for children in conflict with the law under a structured therapeutic environment through the guidance of a trained staff, where the physical mobility of the children may be restricted pending court disposition of their cases. (a) Section 5. Determination of Age. - The child in conflict with the law shall enjoy the presumption of minority and shall enjoy all the rights of a child in conflict with the law until proven to be eighteen years old or older at the time of the commission of the offense. The age of the child shall be determined according to the following rules: (1) The best evidence to prove the age of a child is an original or certified true copy of the certificate of live birth; (2) In the absence of a certificate of live birth, similar authentic documents such as baptismal certificates and school records or any pertinent document that shows the date of birth of the child; (3) In the absence of the documents under paragraphs 1 and 2 of this section due to loss, destruction or unavailability, the testimony of the child, the testimony of a member of the family related to the child by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the child pursuant to Sec.40, Rule 130 of the Rules on Evidence, the testimonies of the other persons, the physical appearance of the child and other relevant evidence, shall suffice.

Section 6. Burden of Proof of Age. - Any person alleging the age of the child in conflict with the law has the burden of proving the age of such child. If the age of the child is contested prior to the filing of the information in court, a case for determination of age under summary proceeding may be filed before a court which shall render its decision within 24 hours from receipt of the appropriate pleadings of all the parties. (n) In all cases involving a child, the court shall make a categorical finding as to the age of the child. Section 7. Exemption from Criminal Liability. - A child fifteen years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program as provided for in Republic Act No. 9344 when consented to by the child and the parents. (a) Exemption from criminal liability does not include exemption from civil liability which shall be enforced in accordance with the provisions of Article 221 of the Family Code in relation to Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure. If the act or omission of the child involves a quasi-delict, Article 2180 of the Civil Code shall apply. Section 8. Procedure for Handling Children Exempted from Criminal Liability. - If it is determined at the initial contact that the child is 15 years of age or below, the procedure provided in Section 20, Republic Act No. 9344 shall be observed as follows: (a) The authority who had the initial contact with the child shall immediately release the child to the custody of the mother or father, or the appropriate guardian or custodian, or in their absence, the nearest relative. (b) The authority shall immediately notify the local social welfare and development officer of the taking of the child into custody. (c) The local social welfare and development officer shall, with the consent of the child and the person having custody over the child, determine the appropriate intervention programs for the child. (d) If the child's parents, guardians or nearest relatives cannot be located, or if they refuse to take custody, the child may be released to any of the following: a duly registered nongovernmental or religious organization; a barangay official or a member of the Barangay Council for the Protection of Children; a local social welfare and development officer; or, when and where appropriate, the Department of Social Welfare and Development. (e) If the child has been found by the local social welfare and development office to be abandoned, neglected or abused by the parents, or if the parents and the child do not consent to or do not comply with the prevention program, the Department of Social Welfare and Development or the Local Social Welfare and Development Office shall file before the court a petition for involuntary commitment pursuant to Presidential Decree No. 603, otherwise known as "The Child and Youth Welfare Code." (a) Section 9. Procedure for Children Not Exempted from Criminal Liability. - A child fifteen (15) years and one (1) day old or above but below eighteen (18) years of age at the time of the commission of the offense shall, at the sound discretion of the court and subject to its supervision, be released on recognizance to the care of the willing and responsible mother or father, or appropriate guardian or custodian, or, in their absence, the nearest relative. However, if the prosecution determines that the child acted with discernment, the child shall be proceeded against in accordance with Secs. 25 to 29 or, in case of diversion, Secs. 31 to 38 of this Rule. Section 10. Determination of Discernment. - Discernment is preliminarily determined by a social worker and finally by the court in the case of a child charged with a non-serious offense. In all other cases, discernment is determined by the court. The determination of discernment shall take into account the ability of a child to understand the moral and psychological components of criminal responsibility and the consequences of the wrongful act; and whether a child can be held responsible for essentially antisocial behavior. Section 11. Duties of a Person in Authority Taking a Child into Custody. - Any person taking into custody a child in conflict with the law shall: (a) Assign an alias to the child; (b) Ensure that the blotter details containing the true name of the child, if any, are modified, to reflect the alias by which the child shall be known throughout the proceedings; (c) Explain to the child in simple language and in a dialect that can be understood the reason for placing the child under custody, and the offense allegedly committed;

the measures that were undertaken to determine the age of child. weapon. as far as the child's maturity and discernment allow. and the precise details of the physical and medical examination or in case of failure to submit a child to such examination. the reason for such use. together with the parents. (h) Avoid violence or unnecessary force and refrain from subjecting the child to greater restraint than is necessary for apprehension and custody. courier. handcuffs or other instrument of force or restraint. (b) To demand that the questioning or interrogation take place in conditions that respect the rights of the child and are complaint with child-sensitive procedural rules. (c) To have the child's family located and notified with dispatch. except where a child is taken into custody for reasons related to armed conflict. to be immediately assisted by a lawyer and a social worker who shall make sure that the child is effectively informed of his/her rights. guardians or custodians or in their absence. by the social welfare and development officer of the local government unit or of the Department of Social Welfare and Development of the consequences of the offense alleged to have been committed with a view towards counseling and rehabilitation. (m) Bring the child immediately to an available government medical or health officer for a thorough physical and mental examination. . and families are accommodated as family units in which case. (o) Record all the procedures undertaken in the initial investigation including the following: whether handcuffs or other instruments of restraint were used. the child shall not be separated from the family. (j) Ensure expedited transfer of the child by immediately.(d) Advise the child of his/her constitutional rights in a language or dialect understandable to the child. (l) Ensure that the child is not locked up in a jail or detention cell during the investigation. (k) Notify the child's parents. turning over custody of the child to the local social welfare and development office or other accredited non-government organizations. or not later than eight (8) hours after apprehension. guardians or custodians or nearest relatives. and (p) Ensure that all statements signed by the child during the investigation are witnessed and signed by the child's parents or guardian.At the custodial investigation. (e) To have the results of the child's medical and dental examination kept confidential unless otherwise ordered by the court. Whenever medical treatment for any physical or mental defect is necessary. (f) To have the right of privacy respected and protected at all times. the reason therefore. (g) Avoid displaying or using any firearm. (n) Ensure that should detention of the child in conflict with the law be necessary. and if so. including the utilization of all measures necessary to promote this right. or making sexual advances on the child. the child's nearest relative and the Public Attorney's Office of the child's apprehension. (d) To be informed. and . diversion from criminal justice system and reparation if appropriate. the segregation of the child be secured in quarters separate from that of the opposite sex and adult offenders. a child who has been taken into custody shall have the following rights: (a) At the police station. and the Public Attorney's Office were informed of the taking into custody of the child and the details thereof. (f) Refrain from using vulgar or profane words and from sexually harassing or abusing. including the exclusion of the media. unless absolutely necessary and only after all methods of control have been exhausted and have failed. (n) Section 12. Rights of a Child Under Custody. to demand that steps must be immediately taken by the medical officer to provide the child with the necessary and proper treatment. social worker or legal counsel in attendance. that the parents or guardian of the child. (i) Ensure that a body search of the child is done only by a law enforcement officer of the same gender as that of the child. guide or spy. (e) Present proper identification to the child. the Department of Social Welfare and Development. either as combatant.

should there arise a need for clarificatory questions to be propounded on the child. relative.Preliminary investigation shall be conducted in the following instances: (a) when the child in conflict with the law does not qualify for diversion. or social welfare officer. the action for recovery of civil liability arising from the offense charged shall be governed by Rule 111 of the Revised Rules of Criminal Procedure. the social welfare officer assigned to the child shall immediately undertake a preliminary background investigation of the child and. religious group. not to be fingerprinted or photographed in a humiliating and degrading manner. The Information shall be filed with the court within forty-five (45) days from the start of the preliminary investigation. the Rule on Examination of a Child Witness shall apply. or in the absence thereof.When a criminal action is instituted against a child in conflict with the law. . or in their absence. Filing of Criminal Action. or appropriate guardian or custodian. Filing of Information.The following guidelines shall be observed when fingerprinting or photographing the child: (a) The child's fingerprint and photograph files shall be kept separate from those of adults and shall be kept confidential. . Preliminary Investigation. and the local social welfare officer. (n) Section 18. Prosecution of Civil Action.(g) While under investigation. A representative of a non-government organization. guardian. (n) At the preliminary investigation. . Section 16. Section 14. (b) when the child. there being discernment. Section 17.Upon the taking into custody of a child in conflict with the law.The police officer conducting the initial investigation of a child conflict with the law shall do so in the presence of either or both of the parents. 9165. should a case be filed in court.As far as consistent with this Rule. it shall be the duty of the prosecutor to investigate the same. (n) Section 20. (n) . or (c) when. the nearest relative. Taking Custody of a Child Without a Warrant. shall be assisted by a private lawyer or if none. the child's counsel of choice. . the prosecutor determines that diversion is not appropriate for the child in conflict with the law. after considering the assessment and recommendation of the social worker. the parents or guardian do not agree to diversion as provided in Sections 27 and 28 of Republic Act No. or a lawyer from the Public Attorney's Office. A specially trained prosecutor shall be assigned to conduct the inquest. They may be inspected by law enforcement officers only when necessary for the effective discharge of their duties and upon prior authority of the court. and the child's private counsel or lawyer from the Public Attorney's Office shall be furnished forthwith a copy of the approved resolution and the Information. the corresponding Resolution and Information shall be prepared for the approval by the provincial or city prosecutor. or member of the Barangay Council for the Protection of Children shall be allowed to be present at the investigation in the absence of the parents. Section 19. Conduct of Initial Investigation by the Police. Conduct of Preliminary Investigation. 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver the child to the nearest police station. 9344. .If the investigating prosecutor finds probable cause to hold the child in conflict with the law for trial. Guidelines for Fingerprinting and Photographing of the Child. and (b) The fingerprint and photograph shall be removed from the files and destroyed: (1) if the case against the child is not filed. submit to the court the corresponding intake report prior to the arraignment. or is dismissed. . The child and the mother or father. a s the case may be. on the other hand. The child. guardian or custodian. a lawyer from the Public Attorney's Office. All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the court. The child shall be proceeded against in accordance with Section 7 of Rule 112 of the Rules of Criminal Procedure. If there is an allegation or evidence of torture or ill-treatment of a child in conflict with the law during custody or detention.The law enforcement officer or a private person taking into custody a child in conflict with the law without a warrant shall observe the provisions in Sections 5. (a) Section 15.A criminal action may be instituted against a child in conflict with the law by filing a complaint with the prosecutor. . Section 13. . or (2) when the child reaches twenty-one (21) years of age and there is no record that the child committed an offense after reaching eighteen (18) years of age. Petitions for confinement of a child drug dependent shall be filed under Section 21 of the Rule on Children Charged under Republic Act No. Intake Report by the Social Welfare Officer. the preliminary investigation of a child conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. the nearest relative of the child. preliminary investigation and prosecution of the case involving a child in conflict with the law. Section 21. .

A child charged with non-serious offense as defined in Section 4 (u) of this Rule. Children taken into custody for the foregoing shall. Bail as a Matter of right. (n) Section 22. the youth shall be placed under the care of a provincial. Rule 110 of the Revised Rules of Criminal Procedure. the Clerk of Court shall use color coding or other method to easily distinguish the records of children in conflict with the law from the other case records. When Bail Not a Matter of Right. upon receipt of the Information.The Clerk of Court. which shall be responsible for the appearance of the child in court whenever required. a local rehabilitation center recognized by the government in the province. Section 28. regardless of fine. . or fine alone regardless of the amount. In this case.The release of a child from a custody during the pendency of the case involving a non-serious offense as defined in Sec.) ___. unless released on bail or recognizance.(year) ___ -D (which means diversion). Custodian or Nearest Relative. . (3) If the crime charged is punishable by such imprisonment. In the absence of a youth detention home established by the local government pursuant to Section 8 of the Family Courts Acts. 1563. No child shall be ordered detained in jail pending trial or hearing of the child's case. Section 25. with the conformity of the public prosecutor and the private complainant. in the city or municipality where the child resides or. Whenever possible. . or appropriate guardian or custodian or in their absence. may be transferred to a youth detention home rehabilitation center or other appropriate facility such as the Department of Social Welfare and Development which shall ensure the appearance of the child in court. with their consent and that of their parents. any criminal or civil action involving a child in conflict with the law shall be instituted and tried in the appropriate court nearest the place where the offense was committed or where any of its essential elements occurred. .a case that qualifies for diversion under paragraph 3 of the preceding Section shall not be docketed as a regular criminal case but instead shall be assigned a temporary case number as follows: CICL-(no. before the same is raffled off to the appropriate court.All children in conflict with the law shall be admitted to bail as a matter of right before final conviction of an offense not punishable by reclusion perpetua life imprisonment. 4 (u) of this rule may be ordered by the court only after a hearing for that purpose. (b) vagrancy and prostitution under Section 202 of the Revised Penal Code.Subject to the provisions of Section 15. and (d) sniffing of rugby under Presidential Decree No. Guardian. Section 24. subject to the provisions of this Rule. Venue . Duties of the Clerk of Court Upon Receipt of information. Commitment and transfer to a youth Rehabilitation Center. and upon favorable recommendation of the social worker assigned to the child. the case shall be assigned a regular criminal case docket number raffled off to a court for formal proceedings. (c) mendicancy under Presidential Decree No. that is it punishable by imprisonment of not more than twelve (12) years. who shall be responsible for the child's good behavior and appearance in court whenever required. The child shall be released to the custody of a willing and responsible mother or father.No Information shall be filed against a child for the commission of the following: (a) status offences. city or municipality jail which shall ensure the appearance of the child in court when so required. . to the care of a provincial. city or municipality within the jurisdiction of the court. immediately assign a temporary case number in accordance with Sec. and (4) If the crime charged does not quality for diversion because it is punishable by imprisonment of more than twelve (12) years. Docketing of the Case . (2) Determine whether the offense charged qualifies for diversion. (n) Section 23. instead undergo appropriate counseling and treatment program. 23 of this Rule and raffle off the case to a court so that its Diversion Committee can immediately undertake the appropriate action under Section 33 of this Rule. or the Department of Social Welfare and Development or other appropriate local rehabilitation center. shall: (1) Maintain a separate case docket or logbook for cases involving children in conflict with the law. (a) Section 27. city or municipal jail as provided for in Section 27 of this Rule. the court shall commit the to a youth detention home or youth rehabilitation center. or in the absence thereof. the nearest relative. (n) Section 26. 1619. .No child charged with an offense punishable by reclusion perpetuaor life imprisonment shall be admitted to bail when evidence of guilt is strong. guardian or custodian. Released of Children on Recognizance to the Parents.

guardian or custodian. city or municipal jail. If not available at that time. it shall submit a report to the court recommending that the case be subjected to formal criminal proceedings. (e) Payment of the cost of the proceedings.Upon receipt by the Committee of a case for diversion from the Office of the Clerk of Court. it shall make the corresponding report and recommendation in accordance with Section 31 of this Rule. If the Diversion Committee determines that diversion is not proper. In determining whether diversion is appropriate for the child. Section 34.In each court. or when there is failure if the diversion program if undertaken by the child. Case No. and the private complainant and counsel to determine if the child can be diverted to the community continuum instead of formal court proceedings. Section 30. the child shall be provided with adequate quarters separate from adults and prisoners of the opposite sex depending on the age. or when the child or the private complainant object to the diversion. and (f) If community-based programs for the rehabilitation and reintegration of the child are available. the Report must be submitted to the court as soon as possible. Proceeding Before the Diversion Committee. the court shall release the child on recognizance to the parents. the mother or father. the child's counsel. the Committee shall consider the following factors: (a) The past records. . Should the Committee determine that diversion is not appropriate. The Committee cannot recommend diversion in case the child or the private complainant objects. . (c) Payment of the damage caused.Section 29. commit the child to an appropriate youth detention home or youth rehabilitation center which shall be responsible for the presence of the child during the diversion proceedings. -The Committee shall design a diversion program talking into consideration the individual characteristics and peculiar circumstances of the child in conflict with the law. if any. Diversion programs. (d) If the child or the parent are indifferent or hostile. or nearest relative. The report shall be submitted to the court preferably before arraignment. involving the child in conflict with the law. The Office of the Clerk of Court shall thereafter return the case to the court for arraignment and formal proceedings. . The program shall be for a specific and definite period and may include any or a combination of the following: (a) Written or oral reprimand or citation.The child in conflict with the law who has been transferred to a youth rehabilitation center or youth detention home shall be provided with a healthy environment. the nearest relative. If the Committee finds that diversion is appropriate. The court in turn shall direct the transmittal of the records of the case to the Office of the Clerk of Court for the assignment of a regular criminal docket number to the case as follows: CICL Crim. Diversion Committee . or in their absence. it shall design a diversion program in accordance with Section 34 of this Rule for the consideration and approval of the court. and such other circumstances and needs of the child. (b) Written or oral apology.The Diversion Committee shall determine if the child can be diverted and referred to alternative measures or services. and whether this will increase the possibility of delinquent behavior. the social worker assigned to the child shall immediately undertake a social case inquiry of the child and the child's family. Subject to pertinent provisions of this Rule and pending determination of diversion by the Committee. or if this is not advisable. (b) The likelihood that the child will be an obvious threat to himself/herself and the community. as members.After the institution of the criminal action. the chairperson shall call for a conference with notice to the child. a lawyer of the Public Attorney's Office assigned to the court. sexual lifestyle. Section 31. sex.___-___( year). there shall be organized a Diversion Committee composed of its Branch Clerk of Court as chairperson. Section 33. Care of Child in Youth Detention Homes or Rehabilitation Centers. and the social worker assigned by the court to the child. the child's environment and such other matters relevant to aid the court in the proper disposition of the case. Proceedings Before Arraignment . Case Study Report. or appropriate guardian or custodian. Section 32. . If the child is placed under the care of the provincial. (c) Whether the child has feeling of remorse for the offense committed. the prosecutor.

cause hearing with notice to the child and private complainant. Closure Order. together with the mother or father.On the basis of the report and recommendation of the Committee. The court shall act on the recommendation within five (5) days from the termination of the hearing. copy of the undertaking. or appropriate guardian or custodian. the nearest relative.The court social worker shall conduct regular monthly visit to the child undergoing diversion proceedings and shall submit the corresponding reports about the status of the diverted child to the committee. Section 37.In all cases where a child in conflict with the law is granted diversion by the court. the mother or father. and the complainant and counsel. The Committee shall also include in the program a plan that will secure satisfaction of the civil liability of the child in accordance with Sec. or (l) Institutional care and custody. The court shall thereafter determine whether the diversion program has been full and satisfactorily complied with Section 38. On the other hand. or that the program is not serving its purpose. At any time before or at the end diversion period.(f) Return of the property. and (iv) other skills that will aid the child to properly deal with situations that can lead to a repetition of the offense. . the child's councel. (i) Training. control and supervision over such child shall be transferred to the appropriate court of that place. . (k) Work-detail program in the community. Should the child fail to do so. is incorrigible. the nearest relative. The report and recommendation shall be heard by the court within fifteen (15) dyas form receipt. or (c) Order the case to undergo formal court proceedings if it finds that the child has not complied with the diversion program. . and the child's counsel shall sign an undertaking to comply with their respective duties and obligation under the terms and conditions of the express agreement by complainant assisted by counsel to the diversion of the child. It shall contain the following minimum principal terms and conditions: (a) The child shall appear before the social worker assigned to the child by the Court that approved the diversion program at least once a month for evaluation of its effectiveness. (h) Counseling for the child and his family. the Committee shall report such failure to the court which shall set a show. or in the absensce thereof. Inability to satisfy the civil the liability shall not by itself be a ground to discontinue the diversion program of a child. (iii) values formation. or to end the same and direct that the case now undergo a formal proceeding. The court shall thereafter determine whether to allow the child to continue with the diversion program. the child. the court may: (a) Issue a closure order terminating the case if it is convinced that the child has complied satisfactorily with the diversion program. (j) Participation in available community-based programs. (ii) problem-solving and/or conflict resolution skills. or (b) Extend the period of diversion if it is convinced that the child may still be rehabilitated. the committee shall file with trhe court of the report recommending termination or extension of diveertion. or in their absence. . Undertaking. the child. Report of Social Worker. (b) The child shall faithfully comply with the term and conditions of the program. Should the child be permitted by the court to reside in a place under the jurisdiction of another court. shall be approved by and enforced under the supervision and control of the court. Section 36. seminar and lectures on (i) anger management skills. 2180 of the Civil Code. or the appropriate guardian or custodian. with notice to the members of the Committee. consent to diversion by the child or payment of civil indemnity shall not in any way be construed as admission of guilt and used as evidence against the child in the event that the case is later on returned to the court for arraignment and conduct of formal proceedings. (g) Guidance and supervision orders. as the case may be. The diversion records of the case such as the minutes of the diversion proceedings. the intake and case study reports and all other pertinent documents shall be transmitted to the court to which jurisdiction over the diverted child has been transferred.

(ii) on bail. (g) In the case the child has been arrested for reasons related to armed conflict. guardians or custodians or nearest relatives of the child. or in the absence thereof. (iv) To be released on recognizance within twenty-four (24) hours to the custody of the Department of Social Welfare and Development or any responsible member of the community as determined by the court. (e) If detained. and only upon order by the court. The absence of the child without justifiable cause at the trial of which there was due notice shall be considered a waiver of the right of the child to be present.In any case involving a child in conflict with the law. (l) To be accorded all the rights un der the Rule on Examination of a Child Witness. However. and. courier. waive presence at the rial pursuant to the stipulations set forth in the bail bond. Rights of the Child in Conflict with the Law. the nearest relative. and (n) To appeal in all cases allowed and in the manner prescribed by law. IF it finds that diversion has been successful. The child shall not be compelled to be a witness against himself/herself and the child's silence shall not in any manner prejudice him/her. either as combatant. (ii) To immediate free legal assistance in the absence of private counsel. unless such presence is considred not to be in the best interest of the child taking into account the latter's age or other peculiar circumstances. and subject to cross-examination only on matters covered by direct examination. . the child in conflict with the law shall have the following rights which shall be respected and protected by the court: (a) To be presumed innocent until guilt is proved beyond reasonable doubt. with legal or other appropriate assistance and preferable in the presence of the child's parents or legal guardian or custodian. Rights if Victims of Offences Committed by Children in Conflict with the Law. through the child's mother. It shall order the closure of the case. (iii) To immediate notice of such arrest to the parents. (j) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in the child's behalf (k) To have speedy and imparial trial. . 1avvphi1 (f) Not to be detained in a jail or transferred to an adult facility pending trial or hearing of the case. (d) To have legal and other appropriate assistance in the preparation and presentation of the child's defense. Section 39. guide or spy: (i) To be segregated and have separate detention quarters from adults except where families ate accommodated as family un its. from arraignment to promulgation of judgement. or appropriate custodian. unless presence at the trial is specifically ordered by the court for purposes of identification. to have immediate free legal assistance. father.In case of the judicially-approved transfer of residence of the child in conflict with the law. or (iii) by commitment to a youth detention home or youth rehabilitation center. (h) To testify as a witness in his/her own behalf. Escape by the child under custody shall be deemed a waiver of the right to be present in all subsequent hearings until custody over such child is gained. the victim has the following rights: . legal guardian. (b) To be informed promptly and directly of the nature and cause of the charge and if appropriate. if it determines that diversion has failed it shall return the case to the original court for formal criminal proceedings. in case of a child arrested for reasons related to armed conflict.In all criminal proceedings. to be released (I) on recognizance to the willing and responsible mother or father or appropriate guardian or custodian. (i) To confront and cross-examine the witnesses against him/her. unless detention is used as a last resort which must be done for the shortest time possible. Section 40. (m) To have the child's privacy fully protected in all stages of the proceedings. however. the court to which supervision of the diversion program was transferred shall make the proper finding. (c) To be present at every stage of the proceedings. The child may.

release. and law enforcers. (8) To ensure that the child sits with close family members of the child's choice during the court proceedings. or any parole proceeding. (12) To proceedings that are free from unreasonable delay. after receiving any clear and convincing evidence. (4) To be reasonably heard at any administrative or public proceeding involving diversion. counseling and other forms of reintegration for the child. or any parole proceedings involving the crime or of any release or escape of the child in conflict with the law. such as barangay captains. (6) To ensure that the child. is provided the opportunity to be heard in all proceedings affecting such child. plea. (7) To ensure communication at all times between the judge and the child. social workers. No. (6) To avail of legal assistance from the Public Attorney's Office. medical professionals. determines that the testimony by the victim would be materially altered if the victim heard other testimony in that proceeding. (10) To ensure that the child is informed in age-appropriate language of all stages of the judicial proceeding affecting such child. (5) To confer with the prosecutor in the case. . (8) To be entitled to support services from the Department of Social Welfare and Development and local government units. suspension of sentence and determination of disposition measures. (2) To receive and investigate complaints concerning violations of the rights of the child whose case is pending on its court. Integrated Bar of the Philippines. either directly or through a representative . (3) To require all professionals working for the welfare of the child. Responsibilities of the Court. (4) To order access to adequate services for rehabilitation. (5) To ensure that the child who is capable of forming his or her own views has the right to express those views freely in all matters affecting the child. unless the court. to render regular monthly reports to the court. and that such views be accorded due weight in accordance with the developmental age and maturity of the child. . teachers. (9) To ensure that the child can communicate freely with counsel at all times. Section 41.7309. (9) To be entitled to all legal remedies and support as provided for under the Family Code. (2) To timely notice of any public proceedings.(1) To be reasonably protected from the child in conflict with the law. (10) To be informed of the rights and the services available to victims of offenses including the right to apply for a protection order. (11) To full and timely restitution as provided in law. the court shall have the following responsibilities: (1) To monitor the status of a child whose case is pending in its court placed in a youth detention center or other institution during the pendency of the child's case.For the protection of the rights of the child in the conflict with the law. (3) Not to be excluded from any public proceeding.1avvphi1 (7) To be informed of the availability of compensation from the Department of Justice Board of Claims in accordance with the provisions of Rep Act. any other legal aid office or any law practitioner. and (13) To be treated with fairness and with respect for the victim's dignity and privacy.

any member of the family or the guardian of the child to visit the child. an independent inquiry is conducted on the circumstances of the death and a report thereof. the established living pattern for the child concerning school. and thereafter make sure that child is provided by adequate treatment and medical attention. serious illness or injury of any immediate family member and be allowed to visit the ill family member or attend the funeral. guardian. Plea bargaining shall be resorted to only as a last measure when it shall serve the best interest of the child and the demands of truth and restorative justice. Whenever possible and practicable. otherwise. including the child's death certificate.Subject to the provisions of the Revised Penal Code. sexual lifestyle and any other characteristics and needs of the child that the court may deem relevant. be made available to the child's mother or father . .(11) To ensure that a child placed in a Youth Detention Home or Youth Rehabilitation Center or in any child facility be given appropriate medical examination in order to determine and put on record any evidence of ill-treatment. the ability of the parents to provide the child with food. .The provisions of Rules 116 and 117 of the Revised Rules of Criminal Procedure shall apply to the arraignment of the child in the conflict with the law. the existence of other relatives who may be in a better position to be with the child and the child's relationship with these relatives. to identify any physical or mental condition requiring medical attention. to allow the child temporarily leave the detention home or rehabilitation center by means of an "out-on-pass" order to attend special family occasions such as Christmas and New Year celebrations. and counsel. as amended. Pre-trial. community and religious institution. the mental and physical health of the parents. Agreements or admissions made during the pre-trial conference shall be in writing and signed by the child. the emotional ties between the parents and the child. . (15) To allow at all times. maturity and level of understanding.The provisions of Rule 118 of the Revised Rules of Criminal Procedure shall govern the pre-trial of the child in conflict with the law. unless a shorter period is provided for by law. (14) When appropriate and advisable. the child's mental and physical health. the child's background. and the needs of society in line with the demands of balanced and restorative justice. Section 46. Determination of the Bests Interests of the Child. (16) To allow the appointment of a Guardian Ad Litem if available and advisable. Section 45. Arraignment and Plea. and (17) To undertake all other appropriate measures to ensure the promotion of the best interest of the child and the child's eventual reintegration in society. when appropriate and advisable. explaining the nature and consequences of a plea of guilty or not guilty and asking the child's plea. (13) To ensure if a child dies during the pendency of the case or within six (6) months of release. (12) To insure that a child is informed as soon as possible of the death.The following factors may be considered in determining the best interests of a child in conflict with the law: the child's age and sex. the mother. Section 43. custodian or nearest relative. and other special laws. the court shall explore all possibilities of settlement of the case. . except its criminal aspects. the court shall immediately appoint its Public Attorney as the child's counsel de oficio. the judgment against a child in conflict with the law shall be guided by the following principles: (1) The judgment shall be in proportion to the gravity of the offense. and from the moment of initial contact. to enable the child to raise concerns and complaints without fear or retribution. . their lifestyle and other social factors. Trial. .All hearings shall be conducted in am manner conductive to the best interest of the child and in an environment that will allow the child to participate fully and freely in accordance with the Rule on Examination of a Child Witness. home. The arraignment shall be scheduled within three (3) days from the date of receipt of the complaint or information by the court. the agreements or admissions shall not be admissible against the child. Arraignment shall be held in chambers and conducted by the judge by furnishing the child and counsel a copy of the complaint or information. shelter. Section 42. unless prejudicial to the latter's best interest. security and timely return to detention as may be determined by the court. the rights of the victim. reading the same in a language or dialect known to and understand by the child. and shall consider the circumstances and the best interest of the child. Guiding Principles in Judging the Child. quality of schooling. the father or duly appointed guardian. The "out-on-pass" order shall contain reasonable restrictions to ensure safety. clothing and medical care. In case the child is not assisted by a private counsel. Section 44.

. Where discretion is given by the law to the judge whether the penalty to be imposed is fine or imprisonment. the victim and counsel. the imposition of fine should be proffered as the more appropriate penalty. of the child. counsel and other persons whose presence may be deemed necessary. At the conference. Section 48. but shall nonetheless apply to one who is convicted of an offense punishable by reclusion perpetua or life imprisonment pursuant to the provisions of Rep. or to order service of sentence. without prejudice to the child's availing of other benefits such as probation. Act No. and promulgate the sentence in accordance with Section 6. without need of application. Promulgation of Sentence. Section 49. . Discharge of Child Subject of Disposition Measure. or (c) has willfully failed to comply with the conditions of the disposition or rehabilitation program. Suspension of sentence can be availed of even if the child is already eighteen years (18) of age or more but not above twenty-one (21) years old. in interest of justice. -In case of suspended sentence. dismiss the case against the child who has been issued disposition measures.Upon the recommendation of the social worker assigned to the child. reclusion perpetua. The court may set a conference for the evaluation of such report in the presence. Automatic Suspension of Sentence and Disposition Orders. and order a final discharge if it finds that the child has been rehabilitated and has shown the capability to be a useful member of the community. even before reaching eighteen(18) years of age. or (b) has not shown the capability of becoming a useful member of society. or adjustment of penalty. the parents or guardian. (3) Drug and alcohol treatment (4) Participation in group counseling and similar activities. . guidance. The final release of the child shall not extinguish the civil liability. and (5) Commitment to the Youth Rehabilitation Center of the Department of Social Welfare and Development or other centers for children in conflict with the law authorized by the Secretary of the Department of Social Welfare and Development. If the child in conflict with the law reaches eighteen (18) years of age while under suspended sentence. at the time of the pronouncement of guilt.The social worker assigned to the child shall monitor the compliance by the child in conflict with the law with the disposition measures and shall submit regularly to the court a status and progress report on the matter. including any civil liability which the child may have incurred. and after application of the privileged mitigating circumstance of minority. the child shall be brought before the court for execution of the judgment. 9346 prohibiting the imposition of the death penalty and in lieu thereof. Section 50. and supervision of orders. the court. The benefits of the suspended sentence shall not apply to a child in conflict with the law who has once enjoyed suspension of sentence. .If. . or to extend the suspended sentence for a maximum period of up to the time the child reaches twenty-one (21) years of age. After the trial. the court shall proceed to determine and issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the child: (1) Care. instead of executing the judgments of conviction. (4) In case of the presence of any exculpatory evidence or doubt in the prosecution's evidence. If the court finds that the child (a) is incorrigible. Section 47. Disposition Conference.(2) Restrictions on the personal liberty of the child shall be limited to the minimum. Section 51. if practicable. the doubt shall be resolved In favor of the child. Rule 120 of the Revised Rules if Criminal Procedure. Compliance with the Disposition Measures.If the child is found guilty of the offense charged. The parents and other persons exercising parental authority over the child shall be civilly liable for the injuries and damages caused by the acts or omissions of the child living in their company and under the parental authority subject to the appropriate defenses provided by law. (2) Community service orders. the court shall determine whether to discharge the child in accordance with the provisions of Republic Act 9344. the court should find the child in conflict with the law guilty beyond reasonable doubt of the offense charged. (d) or the child's continued stay in the training institution is not in the child's best interest. the court shall. it shall impose the proper penalty. shall palce the child in conflict with the law under suspended sentence. the child and the parents or guardian ad litem of the child and the child's counsel . after due notice to all parties and hearing. (3) No corporal punishment shall be imposed. if qualified. the court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence with notice to the social worker of the court.

except in any of the following cases: (1) When the child is a recidivist or has been convicted twice or more times of any crime.The court. the maintenance of a separate police blotter for cases involving children in conflict with the law and the adoption of a system of coding to conceal material information. Contempt Powers. in lieu of service of sentence taking into account the best interest of the child. Prohibition of Labeling. motu proprio or on application of a person who has been adjudge a child in conflict with the law. Inspection of the sealed records thereafter may be permitted only by order of the court upon petition of the child who is the subject of the records or of other proper parties. no discriminatory statements.Section 52.A person who directly or indirectly disobeys any order of the court or obstruct or interferes with its proceedings or the enforcement of its orders issued under this Rule shall be liable for contempt of court. except to determine if the child may have the sentence suspended under Section 38 of this Rule or if the child may be granted probation under the Probation Law. if the same is under review. there shall be no branding or labeling of the child as a young criminal.Any person who has been in conflict with the law as a child shall not be held guilty of perjury or of concealment or misrepresentation by reason of failure to acknowledge the case or recite any fact related thereto in response to any inquiry. place the child on probation if qualified. law enforcement officers and all other offices and agencies that dealt with the case shall reply that no record exist with respect to the child concerned. Section 55. the court.The court may. Probation as an Alternative to Imprisonment. shall. Any form of physical restraint imposed on the child in conflict with the law.The child in conflict with the law who has undergone preventive imprisonment shall be credited in the service of the sentence consisting of deprivation of liberty. with the full time during which the child has undergone preventive imprisonment. . . Confidentiality of Proceedings and Record. Sealing of Records. Credit in Service of Sentence. the child shall be released after thirty (30) days of preventive imprisonment. In case the maximum penalty to which the child may be sentenced is destierro. All index references shall be deleted and in case of inquiry.In the conduct of proceedings from initial contact with the child in conflict with the law to the final disposition of the case. . or from the date of the closure order and the child has no pending case of an offense or a crime involving moral turpitude. This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Section 31 of the Rule on the Examination of Child Witness. Upon entry of the order. . particularly with respect to the child's social or economic status. conduct and practices shall be allowed. juvenile delinquent. prostitute. A child who does not agree to the same disciplinary rules imposed upon convicted prisoners shall be credited in the service of the sentence with four-fifths of the time during which the child has undergone preventive imprisonment. upon notice to the prosecution and after hearing. physical or mental disability or ethnic origin. or if still a minor. The public may be excluded from the proceedings and pursuant to the provisions of Section 31 of the Rule on Examination of a Child Witness. . prosecution. the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceeding for any purpose whatsoever. Likewise. the case shall be treated as if it never occurred. Section 58. or attaching to the child in any manner any derogatory description or name. Section 56. if the child agrees voluntarily in writing to abide by the same or similar disciplinary rules imposed upon convicted prisoners. The records of children in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an adult. including community service and commitment to a rehabilitation center. and the trial thereof or the proceeding on appeal. Copies of the order shall be sent to these officials and agencies named in the order. Non-liability for Perjury or Concealment or Misrepresentation. Section 54. vagrant. . or to enforce the civil liability imposed in the criminal action. Section 53. the child shall be released immediately without prejudice to the continuation of any on-going intervention program.All proceedings and records involving children in conflict with the law from initial contact until final disposition of the case by the court shall be considered privileged and confidential. . Section 57. The court shall employ other measures to protect confidentiality of proceedings including non-disclosure of records to the media. order the sealing of the records of the case if it finds that two (2) years have elapsed since the final discharged of the child after suspension of sentence or probation. which lead to the child's identity. on motion of the parents or legal guardian. . shall be considered preventive imprisonment. or (2) When upon being summoned for execution of sentence. Whenever the child has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which the child may be sentenced and the case is not yet terminated. the child failed to surrender voluntarily. after it shall have convicted and sentenced a child in conflict with the law and upon application at any time.

(q) "Child-caring agency" refers to a private non-profit or charitable institution or government agency duly licensed and accredited by the Department that provides twenty-four hour residential care services for abandoned. courts of law. (n) "Involuntarily committed child" is one whose parents have been permanently and judicially deprived of parental authority due to abandonment. (c) "Dependent child" is one who is without a parent. SEC. (m) "Commitment" or "surrender of a child" is the legal act of entrusting a child to the care of the Department or any duly licensed childplacement or child-caring agency or individual by the court. [A. although not afflicted with insanity or mental defect. -The best interests of the child shall be the paramount consideration in all actions concerning him. made to beg in the streets or public places. 2009. continuous. abuse. (i) "Mentally retarded child" is one who is (1) socially incompetent. physically or emotionally. SEC. whether undertaken by public or private social welfare institutions. orphaned. by his parents or guardian. (e) "Neglected child" is one whose basic needs have been deliberately unattended to or inadequately attended to. mal-treated. whether functional or organic. is unable to maintain normal social relations with others and the community in general due to emotional problems or complexes. including but not limited to. seduced. this Rule seeks to protect the child from all forms of neglect. administrative authorities and legislative bodies consistent with the United Nations Convention on the Rights of the Child. or one whose parents. . which is of such a degree of severity as to require professional help or hospitalization.This Rule as revised shall take effect on December 1. (p) "Child-placing or child-placement agency" refers to a private non-profit or charitable institution or government agency duly licensed and accredited by (he Department to provide comprehensive child welfare services. or exposed to drugs. that is. cruelty. or repeated neglect. abuse. (h) "Disabled child" includes mentally retarded. children with cerebral palsy and those with similar afflictions. 2009 after its publication in two (2) newspapers of general circulation not later than November 27. involuntarily or voluntarily . (j) "Physically handicapped child" is one who is crippled. receiving applications for adoption or foster care. ill-clad and without proper shelter. occupational^ incompetent and unable to manage his own affairs. neglected. and is dependent upon the public for support. (b) "Department" refers to the Department of Social Welfare and Development. Objective. Interpretation. Definition of Terms. emotionally disturbed and mentally ill children. deaf-mute. prostitution and other vices. guardian or custodian. substantial. exploitation and other conditions prejudicial to his development. (d) "Abandoned child" is one who has no proper parental care or guardianship. -The objective of this Rule is to ensure that every effort is exerted to promote the child's welfare and enhance his opportunities for a useful and happy life. (I) "Mentally ill child" is one with any behavioral disorder.Section 59. or incompetence to discharge parental responsibilities in accordance with Section 4 herein. NO. or otherwise suffers from a defect which restricts his means of action or communication with others. (3) intellectually retarded from birth or early age. (g) "Emotional neglect" occurs when a child is raped. evaluating the prospective adoptive or foster parents and preparing the home study report. (k) "Emotionally disturbed child" is one who. 02-1-19-SC 2002-04-15] Rule on Commitment of Children SECTION 1.M. (o) "Voluntarily committed child" is one whose parents knowingly and willingly relinquished parental authority to the Department or any duly licensed child-placement or child-caring agency or individual in accordance with Section 3 herein. (4) retarded at maturity. blind. (a) "Child" is a person below eighteen years of age. or when placed in moral danger. (2) mentally subnormal. parent or guardian or any interested party. or whose parents or guardian has deserted him for a period of at least six (5) continuous months. Toward this end. gambling. (f) "Physical neglect" occurs when the child is malnourished. 3. exploited. Effectivity. socially inadequate. guardian or other custodian for good cause desires to be relieved of his care and custody. physically handicapped. overworked or made to work under conditions not conducive to good health. alcohol. 2. (5) mentally deficient as a result of constitutional origin through heredity or diseases or (6) essentially incurable.

and if so. .If neither of the parents nor the guardian of the child can be located or does not appear in court despite due notice. The report shall bear the signature of the social worker on every page.After the court sets the petition for hearing in accordance with Sub-section (d) above. The names of the parents or guardian and their place of residence. Court to Set Time for Hearing. In making the appointment. If the child's parents are unknown. The report is submitted to the Family Court to aid it in its evaluation of whether the child ought to be committed to the care of the Department or any duly licensed child-placement or child-caring agency or individual. a case study report of the child to aid it in evaluating whether said child should be committed to the care of the Department or any duly licensed child-placement or child-caring agency or individual.The court shall direct the person or agency which has custody of the child to bring the latter to the court on the date of the hearing of the petition and shall ascertain the facts and determine whether the child is dependent. . . SEC. his family's strengths and weaknesses and parental control over him. educational attainment. It shall include among others his developmental age. social service programs and child development. (e) Social Worker. or neglected.The court. (i) Hearing. . abandoned. (f) Guardian Ad Litem of Child. it shall direct the social worker to submit. – (a) Who may file. shall appoint a lawyer to represent him in the proceedings. upon the parents or guardian of the child and the office of the public prosecutor not less than five (5) days before the date of the hearing. (b) Venue.The Secretary of the Department or his authorized representative or any duly licensed child-placement or childcaring agency having knowledge of a child who appears to be dependent. 2. and The name. abandoned or neglected. or if the court finds them incompetent to protect the best interests of the child. . economic and legal status or condition of the child sought to be committed. may file a verified petition for involuntary commitment of said child to the care of any duly licensed child-placement or child-caring agency or individual. 4.The petition shall be filed with the Family Court of the province or city in which the parent or guardian resides or where the child is found. the quality of his peer group. (s) "Case Study Report" is a written report of the result of an investigation conducted by a social worker as to the socio-cultural. it snail direct the clerk of court to immediately issue summons which shall be served together with a copy of the petition and a notice of hearing. The facts showing that the child is dependent. The office of the public prosecutor shall be directed to immediately transmit the summons to the prosecutor assigned to the Family Court concerned. The facts showing who has custody of the child at the time of the filing of the petition. petitioner must allege that diligent efforts have been exerted to locate them. (d) Summons. It said parents are deceased. address and written consent of the Department or duly licensed child-placement or child-caring agency or individual to whose care the commitment of the child is sought to be entrusted. abandoned. -The petition must state: 1. (g) Child's Right to Counsel .If the court is satisfied that the petition is sufficient in form and substance. A member of the Philippine Bar may be appointed guardian ad litem. (c) Contents of Verified Petition. summons may not be issued and the court shall thereupon appoint a guardian ad litem pursuant to Sub-section (f) below and proceed with the hearing of the case with due notice to the provincial or city prosecutor. . or neglected. (r) "Guardian ad litem is a person appointed by the court where the case is pending for a child sought to be committed to protect his best interests. upon request of the child capable of forming his own views or upon request of his guardian ad litem. before the hearing.The provincial or "city prosecutor shall appear for the State and ascertain if there has been due notice to all parties concerned and that there is justification for the declaration of dependency. . . 4. If it appears from the petition that both parents of the child are dead or that neither parent can be found in the province or city where the court is located and the child has no guardian residing therein.committed children. family and social relationships. abandonment or neglect. (h) Duty of Public Prosecutor. petitioner shall attach a certified true copy of their death certificate. it shall be the duty of the court to appoint a suitable person as guardian ad litem to represent the child. 3. the court shall consider the background of the guardian ad litem and his familiarity with the judicial process.

as the case may be.the-cause and circumstances of such condition. to determine whether the welfare and interests of the child are being served. provided. However. abandoned. the public prosecutor and the court-designated social worker. motuproprio. containing all necessary information for determining whether the welfare of the child is being served. shall issue . (j) Judgment. . The court shall set the motion for hearing with notice to the public prosecutor and the court-designated social worker. When conflicting interests arise among child-placement or child-caring agencies. that the child has not yet been adopted. If the child is committed to the Department. the court may suspend or revoke the license of the agency or individual found guilty of such neglect depending upon the gravity or frequency of the offense. the child may be allowed to stay in his own home under the care and control of his parents or guardian. the court shall find the child to be dependent. . . (p) Restoration of Parental Authority After Involuntary Commitment. the court which granted the involuntary commitment of the child. the agency or individual shall submit to the court a verified report on whether the temporary custody of the child has promoted his best interests. (n) Change of Custody. The court.Any duly licensed child-placement or child-caring agency or individual to whom a child has been committed by judicial order may at any time be required by the court to submit a report. (m) Temporary Custody of Child. If the court finds after hearing that the allegations of the motion have been established and that it is for the best interests and welfare of the child. The judgment shall likewise make proper provisions for the custody of the property or money belonging to the committed child. (o) Removal of Custody.The court shall fix the time and date for the hearing of the motion. or neglected. as the case may be or of both. (iv) Resolution. it shall render judgment committing him to the care and custody of the Department or any duly licensed child-placement or child-caring agency or individual until he reaches the age of eighteen (18). The period of temporary custody of the child may be extended by the court for a period not exceeding one month at a time upon motion of the duly licensed child-placement or child-caring agency or individual to which the child has been committed. it shall notify the court within thirty (30) days from the order of commitment. . however.A motion to remove custody of a child may be filed by an authorized representative of the Department with knowledge of the facts against a child-placement or child-caring agency or individual to whose custody a child has been committed by the court on the ground of neglect of such child as defined in Section 3 (e) of this Rule. The court may order the social worker to submit a case study report to aid it in evaluating whether such temporary custody shall be for the best interests of the child.If. Ground.The parents or guardian of a child committed to the care of a person. at least five (5) days before the date of hearing. (i) Who may file.If it is found that the cause for the commitment of the child no longer exists and that the movant is already able to take proper care and custody of the child. In the same proceeding. (I) Report of Person or Institution. (iii) Hearing. or upon request of the child assisted by his guardian ad litem. . it shall have the authority to change the custody o! a child it had placed with any duly licensed child-placement or child-caring agency or individual if it appears that such change is for the best interests of the child. subject to supervision and direction of the Department.At the hearing. (k) Visitation or Inspection. shall discontinue the temporary custody of the child if it appears that he is not being given proper care. the name and address of the duly licensed and accredited child-placement or child-caring agency or individual where the child shall be placed. shall order the change of commitment of the child. After one month from the date temporary custody of the child was given to another suitable person. (ii) Notice of Hearing. after the hearing. the court. Witnesses may be called and examined by the parties or by the court motuproprio. . upon motion of the Department or any of the agencies concerned. for a period not exceeding one month at a time. if the court finds that the abandonment or neglect of the child may be remedied. the court shall issue an order removing him from the custody of the person or agency. agency or institution to which the child has been committed.Any duly licensed child-placement or child-caring agency or individual to whom a child has been committed by the court shall be subject to visitation or inspection by a representative of the court or of the Department. . . or at the instance of the agency or person to whom the child was committed. agency or institution by judicial order may file a verified motion for the restoration of his rights over the child with the court which granted the involuntary commitment on the ground that he is now able to take proper care and custody of said child. upon the latter's request. .If the child is committed to the Department. The Department shall notify the court of any change in custody of the child. and committing him to the custody of another duly licensed child-placement or child-caring agency or individual. after taking into consideration the best interests and the welfare of the child. which shall not be earlier than thirty (30) days nor later than sixty (60) days from the date of the filing of said motion and cause notice of the hearing to be sent to the person. any person may be allowed to intervene at the discretion of the court to contest the right to the relief demanded.The duly licensed child-placement or child-caring agency or individual to whom a child has been committed may file a verified motion with the court which granted the petition for involuntary commitment of a child to place him in the care of any suitable person. after due notice and hearing. .

the court shall set the same for hearing with notice to the Department. may file a verified petition to remove custody of the child against the child-placement or child-caring agency or individual to whose custody the child has been voluntarily committed on the ground of neglect of such child as defined in Section 3 (e) of this Rule.a resolution terminating the parental authority of the person. No. . no child shall be committed unless he is surrendered in writing by his parents or guardian stating such voluntary commitment and specifically naming the office. with . No. any person with knowledge of the facts. and committing him to the custody of another duly licensed child-placement or child-caring agency or individual. after hearing the comment or recommendation of the Department. (iv) Notice of Hearing. the parents of the child. SEC. 603 and Sections 9. emotionally disturbed.The petition must state: The name and address of the child-placement or child-caring agency or individual to whose custody the child has been voluntarily committed. The name. (ii) Venue. Voluntary Commitment of a Child to an Institution or Individual. agency or institution to whom the child was committed by judicial order and restoring parental authority to the movant. Contents of Verified Petition . However. .The restoration of rights of the parent or guardian over the child who has been voluntarily committed shall be governed by the rules of the Department. it shall issue an order removing the child from the custody of the person or agency concerned.placement or child-caring agency or individual subject to the rules of the Department. (a) Petition for Removal of Custody.The Family Court of the place where the child may be found or where the duly licensed child-placement or child-caring agency or individual is located shall have jurisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been voluntarily committed.The petition shall be filed with the Family Court of the province or city where the child-placement or child-caring agency to which the child has been voluntarily committed is located or where the child may be found. . The facts showing that petitioner has exhausted the administrative remedies available to him. It shall likewise have jurisdiction over the person who induced the child to leave such person or institution. or individual to whose custody the child is to be committed. address and written consent of the duly licensed child-placement or child-caring agency or individual to whose care the child may be transferred. mentally ill. however.A.O. The same Family Court shall also have jurisdiction over the prosecution of parents or guardians of the child who may be held liable under Articles 59 and 60 of P. that the parents of the child are actually capable of taking care and custody of the child. .The parent or guardian of a dependent. .A. Petition for Commitment of a Disabled Child. No. 10 and 31 of R. except in case of grave actual or imminent physical or moral danger. suspend or revoke the license of the agency or individual found guilty of such neglect depending upon the gravity or frequency of the offense.If the petition is sufficient in form and substance. Ground. . the parent or guardian may file a petition in court for restoration of parental authority in accordance with Section 4 (p) of this Rule. 7610. It shall likewise have jurisdiction over the person who induced the child to leave such person or institution.The parents or guardian who voluntarily committed the child. The Family Court which granted the involuntary commitment shall also have jurisdiction over the prosecution of parents or guardians of the child who may be held liable under Articles 59 and 60 of P.D. the public prosecutor. 6. The facts showing that the child has been neglected by the agency or in cases where the voluntary commitment was unjustified. SEC. (a) Who may file. Such written instrument should be notarized and signed in the presence of an authorized representative of the Department after counseling and other services have been made available to encourage the child's parents to keep the child. the agency or individual to whom the child has been committed and in appropriate cases. q) Jurisdiction for Prosecution of Punishable Acts.Where a child appears to be mentally retarded physically handicapped. (i) Who may file. 603 and Sections 9. 5. The court. (v) Judgment. 7610. in the same proceeding may. . . except in case of actual or imminent grave physical or moral danger to the child. agency. (c) Jurisdiction for Prosecution of Punishable Acts. (b) Restoration of Parental Authority After Voluntary Commitment. No. that the petition for restoration is filed within six (6) months from the date of voluntary commitment. 10 and 31 of R. the court-designated social worker. or in their absence or failure. . In case the Department refuses to grant legal custody and parental authority to the parent or guardian over the child who has been voluntarily committed to an agency or individual.If after hearing the court finds that the allegations of the petition have been established and that it is for the best interests and welfare of the child.The Family Court which granted the involuntary commitment shall have jurisdiction over the prosecution of a child who left without prior permission from the person or institution to which he has been judicially committed or the person under whose custody he has been judicially committed in accordance with Sub-section (m) of Section 4 of this Rule. A child may also be removed from the custody of the child-placement or child-caring agency or individual on the ground that the voluntary commitment of the child was unjustified. provided. abandoned or neglected child may voluntarily commit him to the Department or any duly licensed child. to the child.

together with ail the reports and other data pertinent to the case. and a copy of such order shall be served on the child alleged to be mentally retarded. or (3) He has been sufficiently relieved of his psychological. if any. . with cerebral 'palsy or with similar afflictions and needs institutional care. by an order reciting the purpose of the petition. . the name and residence of the guardian. physically handicapped. or if the child has no living parent. the court. if known. (5) An estimate of the costs and other expenses of maintaining the child in the institution. (2) He has been sufficiently rehabilitated from his physical handicap or if of working age. physically handicapped. has opposed the commitment of such child. emotionally disturbed. the court shall order his commitment to the proper institution for disabled children. as the case may be.If the court finds that the allegations of the petition have been established and that institutional care of the child is for his best interests or the public welfare and that his parents. (f) Discharge of Judicially Committed Disabled Child. (2) The name of the parents and their residence. if necessary. is already fit to engage in gainful occupation. the alleged disabled child on the date of the hearing. and (3) The fact that the parents or guardian or any duty licensed disabled child-placement or child-caring agency. The verified petition shall be sufficient if based upon the personal knowledge of the petitioner. The court shall likewise make proper provisions for the custody of the property or money belonging to the committed child. (c) Contents of Verified Petition. emotionally disturbed. shall order the discharge of such child if it is established and certified by the Department that: (1) He is no longer a danger to himself and the community.The petition for commitment of a disabled child shall be filed with the Family Court of the place where the parent or guardian resides or where the child is found. . or such part thereof as may remain unpaid. or any duly licensed child-placement or child-caring agency or individual may file a verified petition for commitment of the said child to any reputable institution providing care.Upon motion of the parent.The petition for commitment must stale the following: (1) The facts showing that the child appears to be mentally retarded. . (d) Order of Hearing. shall fix the date of the hearing thereof. the court. mentally ill.If the petition filed is sufficient in form and substance. with cerebral palsy or with similar afflictions and on the person having charge of him or any of his relatives residing in the province or city as the court may deem proper. guardian or institution to which the child has been judicially committed under this Rule. after hearing.cerebral palsy or with similar afflictions and needs institutional care but his parents or guardians are opposed thereto. mentally ill. (b) Venue. the Department shall bear the expenses. training and rehabilitation for disabled children. (4) The name and written conformity of the institution where the child is to be committed. The court shall furnish the institution to which the child has been committed with a copy of its judgment. the Department. (e) Hearing and Judgment. if he has property of his own. . The parents or guardian of the child may file a similar petition in case no immediate placement can be arranged for the disabled child when his welfare and interests are at stake. . mental and emotional problems and is ready to assume normal social relations. or guardian or relatives are unable for any reason whatsoever to take proper care of him. The order shall also direct the sheriff or any other officer of the court to produce. by such disabled child. Notice. The expense of maintaining a disabled child in the institution to which he has been committed shall be borne primarily by the parents or guardian and secondarily. In all cases where the expenses for the maintenance of the disabled child cannot be paid in accordance with the immediately preceding paragraph.

the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.M. A summary of admitted facts and proposed stipulation of facts. Within five (5) days from date of filing of the reply. Within one day from receipt of the complaint: 1. 03-1-09-SC GUIDELINES TO BE OBSERVED BY TRIAL COURT JUDGES AND CLERKS OF COURT IN THE CONDUCT OF PRE-TRIAL AND USE OF DEPOSITION-DISCOVERY MEASURES The use of pre-trial and the deposition-discovery measures are undeniably important and vital components of case management in trial courts." This amendment to Rule 110 shall take effect on the first day of May 2002 following its publication in two newspapers of general circulation on or before 30 April 2002. 5.2 The court shall issue an order requiring the parties to avail of interrogatories to parties under Rule 25 and request for admission by adverse party under Rule 26 or at their discretion make use of depositions under Rule 23 or other measures under Rules 27 and 28 within five days from the filing of the answer. The issues to be tried or resolved. Rule 110 so as to read as follows: "Section 5. 2002. Rule 110 of the Revised Rules of Criminal Procedure. 2002 RE: PROPOSED AMENDMENTS TO SECTION 5. The parties shall submit. at least three (3) days before the pre-trial. Effectivity.1 Summons shall be prepared and shall contain a reminder to defendant to observe restraint in filing a motion to dismiss and instead allege the grounds thereof as defenses in the Answer.M. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors. April 10. c. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution. the following guidelines are issued for the observance and guidance of trial judges and clerks of court: I. No. x xx . PRE-TRIAL A. the Court Resolved to APPROVE the amendment to Sec. Civil Cases 1.3 If the plaintiff fails to file said motion within the given period. To abbreviate court proceedings. A copy of the summons is hereto attached as Annex "A. RULE 110 OF THE REVISED RULES OF CRIMINAL PROCEDURE RESOLUTION Acting on the Memorandum dated 2 February 2002 of Court Administrator Prosbitero J.SEC. 1 A copy of the order shall be served upon the defendant together with the summons and upon the plaintiff. in conformity with IBP-OCA Memorandum on Policy Guidelines dated March 12. Who must prosecute criminal action. 3-99 dated January 15. and to further implement the pre-trial guidelines laid down in Administrative Circular No. 2002 after its publication in a newspaper of general circulation not later than March 15. submitting for this Court's consideration and approval the proposed amendment to Sec. Once so authorized to prosecute the criminal action.This rule shall take effect on April 15. 2. 5. A. . pre-trial briefs containing the following:4 a. 2002. A. ensure prompt disposition of cases and decongest court dockets. .All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. No. Velasco. 02-2-07-SC April 10. the Branch COC shall issue a notice of pretrial. the private prosecutor shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor. . unless the authority is revoked or otherwise withdrawn. Jr. 1999 and except as otherwise specifically provided for in other special rules. b. 2002." and 1.2 the plaintiff must promptly move ex parte that the case be set for pretrial conference. 7.

the judge must study all the pleadings of the case. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners. Adopt the minutes of preliminary conference as part of the pre-trial proceedings and confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents.6 During the preliminary conference. 4. 5. the judge shall confer with the parties without their counsel for the same purpose of settlement. except if allowed by the court for good cause shown). and the approximate number of hours that will be required by the parties for the presentation of their respective witnesses. order the amendments if necessary. If the manner of compromise is not acceptable. 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 such other matters as may aid in its prompt disposition. Given the evidence of the plaintiff presented in his pre-trial brief to support his claim. the judge may confer with the parties with the opposing counsel to consider the following: a. the Branch COC shall also ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits. If not. 3. what manner of compromise is considered acceptable to the defendant at the present stage? b. d. the judge shall immediately refer the parties and/or their counsel if authorized by their clients to the PMC mediation unit for purposes of mediation if available. Inquire if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted. and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case. If not.d. (No evidence shall be allowed to be presented and offered during the trial in support of a party's evidence-in-chief other than those that had been earlier identified and pre-marked during the pre-trial. the Judge may refer the case to the Branch COC for a preliminary conference to assist the parties in reaching a settlement. at the very least. impartiality and with due regard to the rights of the parties shall endeavor to persuade them to arrive at a settlement of the dispute. He must also be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case. e.7 The Judge with all tact. Consider the adding or dropping of parties. Inquire if interlocutory issues are involved and resolve the same. He should expose the parties to the advantages of pre-trial. e. The documents or exhibits to be presented. ." The rule on the contents of the pre-trial brief must strictly be complied with.the preliminary conference shall be recorded in the "Minutes of Preliminary Conference" to be signed by both parties and/or counsel. A copy of the Notice of Pre-trial Conference is hereto attached as Annex "B. At the start of the pre-trial conference. b. what manner of compromise is considered acceptable to the plaintiff at the present stage? If not successful.8 The court shall initially ask the parties and their lawyers if an amicable settlement of the case is possible. Before the continuance. Before the continuation of the pre-trial conference. the judge will schedule the continuance of the pre-trial conference. the court shall confer with the party and his counsel separately. Given the evidence of the defendant described in his pre-trial brief to support his defense. to help reduce and limit the issues. The number and names of the witnesses. c. and f. If all efforts to settle fail. The judge should not allow the termination of pre-trial simply because of the manifestation of the parties that they cannot settle the case. stating the purpose thereof. The proceedings during . The minutes of preliminary conference and the exhibits shall be attached by the Branch COC to the case record before the pre-trial. "C". the substance of their testimonies. Inquire if the pleadings are in order. The parties are bound by the representations and statements in their respective pre-trial briefs.5 If mediation fails. the trial judge shall: a. or. the form of which is hereto attached as Annex. patience.

During the pre-trial.f. Where the accused is under preventive detention.9 h. Determine the propriety of rendering a summary judgment dismissing the case based on the disclosures made at the pre-trial or a judgment based on the pleadings. 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. k. However the judge has the discretion to allow the offer of evidence in writing in conformity with Section 35. The minutes of each pre-trial conference shall contain matters taken up therein more particularly admissions of facts and exhibits and shall be signed by the parties and their counsel. The accused shall be arraigned within ten days from the date of the raffle. the Court may opt to dictate the Pre-Trial Order in open court in the presence of the parties and their counsel and with the use of a computer. The affidavits shall be based on personal knowledge. Before arraignment. answer and other pleadings and attachments thereto and the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions of facts and documents. It may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28. parties/counsel shall state the applicable law and jurisprudence supporting their respective positions thereon. On the last hearing day allotted for each party. If only legal issues are presented. that is. The court shall endeavor to make the parties agree to an equitable compromise or settlement at any stage of the proceedings before rendition of judgment. Order the delegation of the reception of evidence to the Branch COC under Rule 30. Ask parties to agree on the specific trial dates for continuous trial in accordance with Circular No. evidence identified and admissions made during pre-trial. For each factual issue. the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. Scrutinize every single allegation of the complaint. the Court shall ask the parties to submit the depositions taken under Rule 23. Define and simplify the factual and legal issues arising from the pleadings. limit the trial to matters not disposed of and control the course of the action during the trial. shall have the same immediately finalized and printed. adhere to the case flow chart determined by the court. Thereafter. Criminal Cases 1. 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. the Judge shall make the ruling on the offer of evidence in open court. All proceedings during the pre-trial shall be recorded. a witness has to be fully examined in one (1) day only. 7. shall set forth facts as would be admissible in evidence. The facts to be proven by each witness and the approximate number of hours per witness shall be fixed. 8. For each legal issue. the parties/counsel shall state all the evidence to support their positions thereon. and shall comply with the rules on admissibility of evidence. Determine the most important witnesses to be heard and limit the number of witnesses (Most Important Witness Rule). The judge shall issue the required Pre-Trial Order within ten (10) days after the termination of the pre-trial." However.10 i. The trial judge shall schedule the pre-trial in the afternoon sessions and set as many pre-trial conferences as may be necessary. order the parties to use the affidavits of witnesses as direct testimonies subject to the right to object to inadmissible portions thereof and to the right of cross-examination by the other party. 6. he is required to make his formal offer of evidence after the presentation of his last witness and the opposing party is required to immediately interpose his objection thereto. and shall show affirmatively that the affiant is competent to testify to the matters stated therein.11 . the judge shall be the one to ask questions on issues raised therein and all questions or comments by counsel or parties must be directed to the judge to avoid hostilities between the parties. j. Once finished. 1-89 dated January 19. To obtain admissions. Rule 132. Refer the case to a trial by commissioner under Rule 32. shall be strictly adhered to subject to the courts' discretion during trial on whether or not to extend the direct and/or crossexamination for justifiable reasons. The One-Day Examination of Witness Rule. the judge shall require the parties to submit their respective memoranda and the court can proceed to render judgment. the parties and/or their counsel shall sign the same to manifest their conformity thereto. 1989. Require the parties and/or counsel to submit to the Branch COC the names. The affidavits shall be in question and answer form. and n. l. m. Said Order shall bind the parties. addresses and contact numbers of the witnesses to be summoned by subpoena. A sample Pre-Trial Order is hereto attached as Annex "D. Uncontroverted issues and frivolous claims or defenses should be eliminated. which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. 9. The pre-trial of his case shall be held within ten days after arraignment unless a shorter period is provided for by law. B. At his discretion. g.

In mediatable cases. disclosure of defenses of alibi. Proceed to receive evidence on the civil aspect of the case. 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. and 9. 3. When plea bargaining fails. in proper cases. b. confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents and list object and testimonial evidence. the identity of the accused. During the pre-trial. 4. 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. A copy of the order is hereto attached as Annex "E". the Branch COC shall assist the parties in reaching a settlement of the civil aspect of the case. exercise of public authority and justifying or exempting circumstances. qualification of expert witness/es. 8. The proceedings during the preliminary conference shall be recorded in the Minutes of Preliminary Conference to be signed by both parties and counsel. 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. documents and in particular as to the following:15 1. Issue an order which contains the plea bargaining arrived at. 5.13 Where the prosecution and the offended party agree to the plea offered by the accused. and for other matters requiring his presence. Adopt the minutes of preliminary conference as part of the pre-trial proceedings. insanity. except for violations of the Comprehensive Dangerous Drugs Act of 2002. . 12 (b) referring the case to the Branch COC. the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available. 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. 7. such other matters that would limit the facts in issue. the Court shall: a. 3. After the arraignment. Render and promulgate judgment of conviction. and c. 4. d. the statements in the affidavits of witnesses and other documentary evidence which form part of the record of the preliminary investigation. the cause of death or injury. genuineness and due execution of documents. amount of damages. c. 6. b. Define factual and legal issues. Before the pre-trial conference the judge must study the allegations of the information. the court shall: a. During the preliminary conference. (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. 2.2. self-defense. 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. including the civil liability or damages duly established by the evidence. court's territorial jurisdiction relative to the offense/s charged. 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 cause shown. mark the documents to be presented as exhibits and copies thereof attached to the records after comparison. the court shall forthwith set the pre-trial conference within thirty days from the date of arraignment. the trial judge shall consider plea-bargaining arrangements.14 6. 5. adoption of any evidence presented during the preliminary investigation. if warranted.

No. (i) R. No. Scope. (e) P. Require the parties to submit to the Branch COC the names. Destroying or Injuring of Planted or Growing Trees. Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads. No.e. All proceedings during the pre-trial shall be recorded. (f) P. No. rules and regulations such as but not limited to the following: (a) Act No. Laguna Lake Development Authority Act. 1151. and Molave Trees. 09-6-8-SC RULES OF PROCEDURE FOR ENVIRONMENTAL CASES PART I RULE 1 GENERAL PROVISIONS Section 1. 7.D.D. limit the trial to matters not disposed of and control the course the action during the trial. Said Order shall bind the parties. 3572. 1433. Revised Forestry Code. the transcripts prepared and the minutes signed by the parties and/or their counsels. (b) P. (d) P. 8. 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.D. 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. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel. 1586.Notice of Pre-trial Conference in Civil Cases Annex "C" . Prohibition Against the Cutting.D.Notice of Pre-trial Conference in Criminal Cases A. otherwise. the number of witnesses to be presented and the schedule of trial. criminal and special civil actions before the Regional Trial Courts." Section 2. Parks. 4850. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense. Marine Pollution Decree. — These Rules shall govern the procedure in civil.A. Title.M. evidence marked. (j) R. the admissions made. No. in Plazas. (g) P.A. they cannot be used against the accused.Summons Annex "B" . 3571.D. No. 979. the facts stipulated. School Premises or in any Other Public Ground. The agreements covering the matters referred to in Section 1 of Rule 118 shall be approved by the court. No. Sanitation Code. Philippine Environmental Policy of 1977. Plant Quarantine Law of 1978. Water Code.Pre-trial Order in Civil Cases Annex "E" . Prohibition Against Cutting of Tindalo. Metropolitan Trial Courts. 10. 705. No. 856. Municipal Trial Courts in Cities. During the pre-trial.Minutes of Preliminary Conference Annex "D" .16 and f. . Akli. addresses and contact numbers of witnesses that need to be summoned by subpoena.D. (h) P. No.17 Encl: Annex "A" . (c) P. (Section 2. Rule 118) 9.D. Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws. No. 1067. Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes. — These Rules shall be known as "The Rules of Procedure for Environmental Cases.

A. Oil Spill Compensation Act of 2007. . R. R. No. Philippine Fisheries Code.A. The Philippine Archipelagic Baselines Law. No. orders. (l) R. rules and regulations.A. Toxic Substances and Hazardous Waste Act. No. Clean Water Act. 7611. and international agreements. 8048. (u) R. (m) R. No. 7161.A. No. (c) To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and redress for violation of environmental laws. Section 4. R. and other existing laws that relate to the conservation. R.A. Seed Industry Development Act of 1992.A. 7900. No. No. 8749. (r) R. 9275.A.A.(k) R. No. 8550.A. proclamations and issuances establishing protected areas. Wildlife Conservation and Protection Act. HighValue Crops Development Rules of Procedure for Environmental Cases Act. (t) R. (v) R. development. Agriculture and Fisheries Modernization Act of 1997.A. R. Definition of Terms.A. and (d) To enable the courts to monitor and exact compliance with orders and judgments in environmental cases. protection and utilization of the environment and natural resources. No. The Public Land Act. Local Government Code of 1991. 9003. (b) To provide a simplified. Strategic Environmental Plan for Palawan Act.A. R. R. No. 9072. (s) R. 9593. No. Clean Air Act. (x) R.A. 8371. R. (q) R.A.The objectives of these Rules are: (a) To protect and advance the constitutional right of the people to a balanced and healthful ecology. No. 7160. 8435. No. in raw or in processed form including stuffed animals and herbarium specimens.A. No. 9175. (n) R. Chainsaw Act. No.A. No. 9637. 9483. Philippine Mining Act. National Integrated Protected Areas System Act including all laws. 7586.A. 7076. No. preservation. decrees. No. People’s Small-Scale Mining Act. No. No. Comprehensive Agrarian Reform Law of 1988. 6969. Coconut Preservation Act.A. Section 3. National Caves and Cave Resource Management Act. Renewable Energy Act of 2008. No. 9147.A. and (y) Provisions in C. Ecological Solid Waste Management Act. No.A.A. Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC). . R. (p) R. 7308. No. Objectives. No. R. (a) By-product or derivatives means any part taken or substance extracted from wildlife. Indigenous Peoples Rights Act. (w) R. 7942. 6657.A.A.A. 1avvphi1 (b) Consent decree refers to a judicially-approved settlement between concerned parties based on public interest and public policy to protect and preserve the environment. (o) R. 141. existing laws. Philippine Biofuels Act. 9522. No. speedy and inexpensive procedure for the enforcement of environmental rights and duties recognized under the Constitution.A.

answer which may include compulsory counterclaim and cross-claim. in all developmental stages including those which are in captivity or are being bred or propagated. (h) Wildlife means wild forms and varieties of flora and fauna. Who may file. Prohibited pleadings or motions. Section 2. documentary evidence and if possible. the presiding judge shall refer it to the executive judge for re-raffle. . the cause of action and the reliefs prayed for. The complaint shall also include a certification against forum shopping. Section 3. — The following pleadings or motions shall not be allowed: (a) Motion to dismiss the complaint. with the intent to harass. actions shall be taken to avoid or diminish that threat. liquid.(c) Continuing mandamus is a writ issued by a court in an environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. PART II CIVIL PROCEDURE RULE 2 PLEADINGS AND PARTIES Section 1. protection of the environment or assertion of environmental rights. — The pleadings and motions that may be filed are complaint. Motion for postponement. Pleadings and motions allowed. gas. (e) Reply and rejoinder. Verified complaint. Section 4. motion for new trial and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice. vex. except to file answer. may file a civil action involving the enforcement or violation of any environmental law. criminal or administrative. the extension not to exceed fifteen (15) days. (e) Mineral refers to all naturally occurring inorganic substance in solid. institution or government agency has taken or may take in the enforcement of environmental laws. The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause of action consisting of the affidavits of witnesses. — Any real party in interest. (f) Precautionary principle states that when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain. and (f) Third party complaint. (b) Motion for a bill of particulars. — The verified complaint shall contain the names of the parties. If the complaint is not an environmental complaint. including the government and juridical entities authorized by law. (g) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil. The affidavits shall be in question and answer form and shall comply with the rules of admissibility of evidence. exert undue pressure or stifle any legal recourse that such person. motion for intervention. The complaint shall state that it is an environmental case and the law involved. brought against any person. (d) Motion to declare the defendant in default. institution or any government agency or local government unit or its officials and employees. natural gas. radioactive materials and geothermal energy. preserve or rehabilitate the environment. (c) Motion for extension of time to file pleadings. (d) Environmental protection order (EPO) refers to an order issued by the court directing or enjoining any person or government agency to perform or desist from performing an act in order to protect. or any intermediate state excluding energy materials such as coal. motion for discovery and motion for reconsideration of the judgment. object evidence. their addresses. petroleum.

Section 8. the executive judge shall conduct a special raffle on the day the complaint is filed.Section 5.If there is only one (1) designated branch in a multiple-sala court.Upon the filing of the complaint. Citizen suits filed under R. by the counsel or representative of the plaintiff or any suitable person authorized or deputized by the court issuing the summons. The plaintiff may publish the order once in a newspaper of a general circulation in the Philippines or furnish all affected barangays copies of said order. make use of depositions under Rule 23 or other measures under Rules 27 and 28. the court shall defer the payment of filing and other legal fees that shall serve as first lien on the judgment award.If it appears from the verified complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury. Issuance of Temporary Environmental Protection Order (TEPO). through the Office of the Court Administrator. summons by publication shall be allowed. EPO. summons by publication shall be done by indicating the names of the officers or their duly authorized representatives. and may lift the same at any time as circumstances may warrant. .The judge shall report any action taken on a TEPO. TRO or a preliminary injunction. EPO. including its modification and dissolution. — Any Filipino citizen in representation of others. . 8749 and R. . . also by affidavits. . Section 13.The payment of filing and other legal fees by the plaintiff shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent.Except the Supreme Court.The grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the applicant may oppose. Section 7. For a citizen suit. The court where the case is assigned. shall periodically monitor the existence of acts that are the subject matter of the TEPO even if issued by the executive judge. may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined. If there are two (2) or more designated branches. the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala court as the case may be. Section 10. within ten (10) days from the action taken. the plaintiff is required to furnish the government or the appropriate agency.A. The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person enjoined. no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that enforce environmental laws or prevent violations thereof.A. Payment of filing and other legal fees. Upon the filing of a citizen suit. the court shall issue an order which shall contain a brief description of the cause of action and the reliefs prayed for. the executive judge shall immediately refer the case to said branch. Service of the complaint on the government or its agencies. together with a copy of an order informing all parties that they have fifteen (15) days from the filing of an answer. orders and other court processes shall for that purpose be considered an officer of the court. Any private person who is authorized or deputized by the court to serve summons. requiring all interested parties to manifest their interest to intervene in the case within fifteen (15) days from notice thereof. . Section 12. his deputy or other proper court officer or for justifiable reasons. 9003 shall be governed by their respective provisions. The applicant shall be exempted from the posting of a bond for the issuance of a TEPO. The summons shall be served on the defendant. to the Supreme Court. Section 6.The summons. . Should personal and substituted service fail. It shall constitute a first lien on the judgment award. In the case of juridical entities. shall conduct a summary hearing to determine whether the TEPO may be extended until the termination of the case. Service of summons. Section 9. including minors or generations yet unborn. Within said period. . orders and other court processes. Prohibition against temporary restraining order (TRO) and preliminary injunction. may file an action to enforce rights or obligations under environmental laws. TRO or preliminary injunction. No. Assignment by raffle. although not a party. Proof of service upon the government or the appropriate agency shall be attached to the complaint. Report on TEPO. No. Section 11. Action on motion for dissolution of TEPO. Citizen suit. a copy of the complaint. within which to avail of interrogatories to parties under Rule 25 of the Rules of Court and request for admission by adverse party under Rule 26. orders and other court processes may be served by the sheriff. . the court where the case is assigned. or at their discretion.

answers to interrogatories and answers to written request for admission by adverse party. If not available. the parties shall submit pre-trial briefs containing the following: (a) A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute resolution. the court shall refer the case to the clerk of court or legal researcher for mediation. RULE 3 PRE-TRIAL Section 1. Verified answer. Referral to mediation. (c) The legal and factual issues to be tried or resolved. if authorized by their clients. . the court shall inquire from the parties if they have settled the dispute. . (g) Clarificatory questions from the parties. Effect of failure to answer. and (h) List of cases arising out of the same facts pending before other courts or administrative agencies. the court shall declare defendant in default and upon motion of the plaintiff. (f) The number and names of the witnesses and the substance of their affidavits. Preliminary conference. the court may refer the case to the branch clerk of court for a preliminary conference for the following purposes: (a) To assist the parties in reaching a settlement. . (d) The documents or exhibits to be presented. to the Philippine Mediation Center (PMC) unit for purposes of mediation.At the start of the pre-trial conference. (e) A manifestation of their having availed of discovery procedures or their intention to avail themselves of referral to a commissioner or panel of experts. except lack of jurisdiction. shall receive evidence ex parte and render judgment based thereon and the reliefs prayed for. Notice of pre-trial. reports. parties shall state the applicable law and jurisprudence supporting their respective positions thereon. otherwise. For each legal issue. The mediation report must be submitted within ten (10) days from the expiration of the 30-day period. studies of experts and all evidence in support of the defense. if any. . For each factual issue. . Failure to comply with the required contents of a pre-trial brief may be a ground for contempt. the court shall immediately refer the parties or their counsel. the court will schedule the continuance of the pre-trial.At least three (3) days before the pretrial. Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of notice of referral to mediation. The court shall schedule the pre-trial and set as many pre-trial conferences as may be necessary within a period of two (2) months counted from the date of the first pre-trial conference. the branch clerk of court shall issue a notice of the pre-trial to be held not later than one (1) month from the filing of the last pleading. Section 4. Before the scheduled date of continuance. . the parties shall state all evidence to support their positions thereon. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded. Section 15. including depositions. Section 2. The defendant shall attach affidavits of witnesses.Within two (2) days from the filing of the answer to the counterclaim or cross-claim.Should the defendant fail to answer the complaint within the period provided. Affirmative and special defenses not pleaded shall be deemed waived. . stating the purpose thereof. Section 3. Cross-claims and compulsory counterclaims not asserted shall be considered barred.Within fifteen (15) days from receipt of summons.Section 14. Pre-trial brief.If mediation fails. the defendant shall file a verified answer to the complaint and serve a copy thereof on the plaintiff. (b) A summary of admitted facts and proposed stipulation of facts.

The parties or their counsel must submit to the branch clerk of court the names. public order and public policy to protect the right of the people to a balanced and healthful ecology. (e) Consider the adding or dropping of parties. and (i) To attach the minutes together with the marked exhibits before the pre-trial proper.The judge shall put the parties and their counsels under oath. (f) To consider such other matters as may aid in its prompt disposition. (d) Determine if interlocutory issues are involved and resolve the same. the answers to written interrogatories under Rule 25. (g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both parties or their counsels. Uncontroverted issues and frivolous claims or defenses should be eliminated. the answers to written interrogatories under Rule 25 and the answers to request for admissions by the adverse party under Rule 26. the branch clerk of court shall also require the parties to submit the depositions taken under Rule 23 of the Rules of Court. and they shall remain under oath in all pre-trial conferences. order the amendments if necessary. During the preliminary conference. Failure to settle. Evidence not presented during the pre-trial. except newly-discovered evidence. . the judge shall: (a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents. Section 5. (f) Scrutinize every single allegation of the complaint. The branch clerk of court may also require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28. (h) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnesses. (h) Define and simplify the factual and legal issues arising from the pleadings and evidence. answer and other pleadings and attachments thereto. consent decree. (g) Obtain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted during pretrial. (d) To require the parties to submit the depositions taken under Rule 23 of the Rules of Court.(b) To mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the records after comparison with the originals. and the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further admissions. (e) To require the production of documents or things requested by a party under Rule 27 and the results of the physical and mental examination of persons under Rule 28. Pre-trial conference. (b) Determine if there are cases arising out of the same facts pending before other courts and order its consolidation if warranted. The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. The judge may issue a consent decree approving the agreement between the parties in accordance with law. addresses and contact numbers of the affiants. (c) Determine if the pleadings are in order and if not. morals. shall be deemed waived. . . and the answers to request for admissions by the adverse party under Rule 26. Section 6. (c) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of the documents marked as exhibits.If there is no full settlement.

subject to the court’s discretion of extending the examination for justifiable reason. The court shall have a period of sixty (60) days to decide the case from the date the case is submitted for decision. Minutes of pre-trial. . the court may petition the Supreme Court for the extension of the period for justifiable cause. Section 7. the court shall issue an order submitting the case for decision.The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day. The dismissal shall be without prejudice. evidence and admissions made during pre-trial.In lieu of direct examination. Submission of case for decision. the admissions made. affidavits marked during the pre-trial shall be presented as direct examination of affiants subject to crossexamination by the adverse party. One-day examination of witness rule. the facts stipulated. filing of memoranda. Period to try and decide.Within ten (10) days after the termination of the pre-trial. . .The court shall have a period of one (1) year from the filing of the complaint to try and decide the case. Section 2. only oral offer of evidence shall be allowed. . Before the expiration of the two-month period. the number of witnesses to be presented and the schedule of trial. the court shall receive evidence ex parte. the court shall issue a pre-trial order setting forth the actions taken during the pre-trial conference. Continuous trial. and the opposing party shall immediately interpose his objections. . the judge may ask the Supreme Court for the extension of the trial period for justifiable cause. adhere to the case flow chart determined by the court which shall contain the different stages of the proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates. Section 4. Before the expiration of the one-year period. comply with the one-day examination of witness rule. .After the last party has rested its case.The judge shall conduct continuous trial which shall not exceed two (2) months from the date of the issuance of the pre-trial order. Effect of failure to appear at pre-trial. determining the facts to be proved by each witness and fixing the approximate number of hours per witness. Affidavits in lieu of direct examination. . . if possible in electronic form.(i) Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings.The minutes of each pre-trial conference shall contain matters taken up therein. The court may require the parties to submit their respective memoranda. (k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of Court or to a mediator or arbitrator under any of the alternative modes of dispute resolution governed by the Special Rules of Court on Alternative Dispute Resolution. . Section 5.The court shall endeavor to make the parties agree to compromise or settle in accordance with law at any stage of the proceedings before rendition of judgment. (j) Observe the Most Important Witness Rule in limiting the number of witnesses. Pre-trial order. Section 10. Section 3. Section 8. except upon repeated and unjustified failure of the plaintiff to appear. and shall be signed by the parties and their counsel. The judge shall forthwith rule on the offer of evidence in open court. RULE 4 TRIAL Section 1. After the presentation of the last witness. If the defendant fails to appear at the pre-trial. within a non-extendible period of thirty (30) days from the date the case is submitted for decision. . more particularly admissions of facts and exhibits. limit the trial to matters not disposed of and control the course of action during the trial. and the court may proceed with the counterclaim.The court shall not dismiss the complaint. Section 9. (l) Determine the necessity of engaging the services of a qualified expert as a friend of the court (amicus curiae). and (m) Ask parties to agree on the specific trial dates for continuous trial. Said order shall bind the parties. the evidence marked. Efforts to settle.

. Section 4. The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an opposition within fifteen (15) days from filing of the comment or the lapse of the period. . how alleged. . the court may grant to the plaintiff proper reliefs which shall include the protection. preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the appellate court. protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall be governed by these Rules. Judgment not stayed by appeal. attaching evidence in support thereof. the court may award damages. Section 5. Section 2. vex. institution or the government has taken or may take in the enforcement of environmental laws.The court shall prioritize the adjudication of environmental cases. . The commissioner shall file with the court written progress reports on a quarterly basis or more frequently when necessary. . The court may.The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. or assertion of environmental rights. papers and other evidence. monitor the execution of the judgment and require the party concerned to submit written reports on a quarterly basis or sooner as may be necessary. or upon motion of the prevailing party. attorney’s fees and costs of suit under a counterclaim if such has been filed. preservation or rehabilitation of the environment and the payment of attorney’s fees. The action shall proceed in accordance with the Rules of Court. The party seeking the dismissal of the case must prove by substantial evidence that his act for the enforcement of environmental law is a legitimate action for the protection. The dismissal shall be with prejudice.In the judgment. . .A legal action filed to harass. Section 3. preservation and rehabilitation of the environment. The parties must submit all available evidence in support of their respective positions. by itself or through the appropriate government agency. protection of the environment.In a SLAPP filed against a person involved in the enforcement of environmental laws. PART III SPECIAL CIVIL ACTIONS RULE 7 WRIT OF KALIKASAN . the evidence adduced during the summary hearing shall be treated as evidence of the parties on the merits of the case. exert undue pressure or stifle any legal recourse that any person. It may also require the violator to submit a program of rehabilitation or restoration of the environment. and. Rule 39 of the Rules of Court. SLAPP as a defense.The process of execution shall terminate upon a sufficient showing that the decision or order has been implemented to the satisfaction of the court in accordance with Section 14. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim. costs of suit and other litigation expenses.The hearing on the defense of a SLAPP shall be summary in nature. Section 2. Return of writ of execution. pray for damages.Any judgment directing the performance of acts for the protection. Section 4. the defendant may file an answer interposing as a defense that the case is a SLAPP and shall be supported by documents. If the court dismisses the action. Resolution of the defense of a SLAPP. RULE 5 JUDGMENT AND EXECUTION Section 1. the costs of which shall be borne by the violator. order that the enforcement of the judgment or order be referred to a commissioner to be appointed by the court. The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP. or to contribute to a special trust fund for that purpose subject to the control of the court. the court may convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance of acts which shall be effective until the judgment is fully satisfied. .The court may motu proprio. detailing the progress of the execution and satisfaction of the judgment. The other party may. Summary hearing. RULE 6 STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION Section 1. by way of counterclaim. attorney’s fees and costs of suit. Reliefs in a citizen suit. Permanent EPO. .If warranted. Strategic lawsuit against public participation (SLAPP). submit its comments or observations on the execution of the judgment. Monitoring of compliance with judgment and orders of the court by a commissioner. If the court rejects the defense of a SLAPP. at its option. within a non-extendible period of five (5) days from receipt of notice that an answer has been filed. affidavits. Section 3. writ of continuing mandamus.

Within a non-extendible period of ten (10) days after service of the writ. . Section 6. Return of respondent. entity authorized by law. Nature of the writ.The writ is a remedy available to a natural or juridical person. . health or property of inhabitants in two or more cities or provinces. (b) The name and personal circumstances of the respondent or if the name and personal circumstances are unknown and uncertain. or threatened with violation by an unlawful act or omission of a public official or employee. (e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim involving the same issues in any court. the respondent shall file a verified return which shall contain all defenses to show that respondent did not violate or threaten to violate. and the environmental damage of such magnitude as to prejudice the life. the respondent may be described by an assumed appellation. . a complete statement of its present status. . and no such other action or claim is pending therein.Within three (3) days from the date of filing of the petition. . Issuance of the writ. criminal or administrative actions. (3) if petitioner should learn that the same or similar action or claim has been filed or is pending. Section 9. contents. No docket fees. The return shall include affidavits of witnesses. . if the petition is sufficient in form and substance. the court shall give an order: (a) issuing the writ.A clerk of court who unduly delays or refuses to issue the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same shall be punished by the court for contempt without prejudice to other civil. rule or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice the life. (c) The environmental law. Section 5. Section 2.Section 1. A general denial of allegations in the petition shall be considered as an admission thereof.The petitioner shall be exempt from the payment of docket fees. in support of the defense of the respondent. . The clerk of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until further order. petitioner shall report to the court that fact within five (5) days therefrom. Section 4. object evidence. and if possible.The verified petition shall contain the following: (a) The personal circumstances of the petitioner. . or allow the violation of any environmental law. Contents of the petition. In case the writ cannot be served personally. or any public interest group accredited by or registered with any government agency. on behalf of persons whose constitutional right to a balanced and healthful ecology is violated. and (b) requiring the respondent to file a verified return as provided in Section 8 of this Rule. non-governmental organization. Section 8. health or property of inhabitants in two or more cities or provinces. and (f) The reliefs prayed for which may include a prayer for the issuance of a TEPO. rule or regulation violated or threatened to be violated. who shall retain a copy on which to make a return of service. All defenses not raised in the return shall be deemed waived. Penalty for refusing to issue or serve the writ. documentary evidence.The following pleadings and motions are prohibited: (a) Motion to dismiss. . involving environmental damage of such magnitude as to prejudice the life. (d) All relevant and material evidence consisting of the affidavits of witnesses. the act or omission complained of. people’s organization. (2) if there is such other pending action or claim. scientific or other expert studies. Section 3.The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals. Prohibited pleadings and motions.The writ shall be served upon the respondent by a court officer or any person deputized by the court. object evidence. How the writ is served. . Section 7. scientific or other expert studies. health or property of inhabitants in two or more cities or provinces. Where to file. the rule on substituted service shall apply. documentary evidence. and if possible. tribunal or quasi-judicial agency. or private individual or entity.

. books. Contempt. Section 13. or any person who disobeys or resists a lawful process or order of the court for indirect contempt under Rule 71 of the Rules of Court.A party may file a verified motion for the following reliefs: (a) Ocular Inspection.After hearing. Section 15. custody or control of any designated documents. determine the possibility of obtaining stipulations or admissions from the parties. . . Hearing. order — The motion must show that an ocular inspection order is necessary to establish the magnitude of the violation or the threat as to prejudice the life. Discovery Measures. papers. place and manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all parties. (e) Counterclaim or cross-claim. the court shall proceed to hear the petition ex parte. in its electronic form. and (h) Motion to declare respondent in default. . . within a non-extendible period of thirty (30) days from the date the petition is submitted for decision. Submission of case for decision. amparo and habeas data. (g) Reply.Upon receipt of the return of the respondent. The order shall specify the person or persons authorized to make the inspection and the date. The reliefs that may be granted under the writ are the following: . the court may call a preliminary conference to simplify the issues. health or property of inhabitants in two or more cities or provinces. or objects in digitized or electronic form. (c) Motion for postponement. (f) Third-party complaint. or who makes a false return. After hearing. copying or photographing by or on behalf of the movant. filing of memoranda. Section 12. to produce and permit their inspection. the court may order any person in possession or control of a designated land or other property to permit entry for the purpose of inspecting or photographing the property or any relevant object or operation thereon. It shall be supported by affidavits of witnesses having personal knowledge of the violation or threatened violation of environmental law. Section 14. The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the same priority as petitions for the writs of habeas corpus. letters. health or property of inhabitants in two or more cities or provinces. (d) Motion for a bill of particulars.Within sixty (60) days from the time the petition is submitted for decision. time. . order – The motion must show that a production order is necessary to establish the magnitude of the violation or the threat as to prejudice the life. The production order shall specify the person or persons authorized to make the production and the date. objects or tangible things. Section 11. place and manner of making the inspection or production and may prescribe other conditions to protect the constitutional rights of all parties. the court may order any person in possession. It shall state in detail the place or places to be inspected. After hearing. the court shall issue an order submitting the case for decision. Section 10. Judgment.In case the respondent fails to file a return. and set the petition for hearing. photographs.The court may after hearing punish the respondent who refuses or unduly delays the filing of a return. which constitute or contain evidence relevant to the petition or the return. time.(b) Motion for extension of time to file return. The court may require the filing of memoranda and if possible. the court shall render judgment granting or denying the privilege of the writ of kalikasan. (b) Production or inspection of documents or things. accounts. Effect of failure to file return.

or private person or entity to make periodic reports on the execution of the final judgment. . . The appeal may raise questions of fact. Where to file the petition. the court shall grant the privilege of the writ of continuing mandamus requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent. rehabilitation or restoration of the environment. (b) Directing the respondent public official. . . Section 8. If the court finds that the judgment has been fully implemented. Section 4.The petition shall be filed with the Regional Trial Court exercising jurisdiction over the territory where the actionable neglect or omission occurred or with the Court of Appeals or the Supreme Court. or unlawfully excludes another from the use or enjoyment of such right and there is no other plain. and to pay damages sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent.Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for reconsideration. Section 5. rule or regulation.The court in which the petition is filed may issue such orders to expedite the proceedings. (c) Directing the respondent public official. and (e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection. preserve. the court may hear the case which shall be summary in nature or require the parties to submit memoranda. The petition shall also contain a sworn certification of non-forum shopping. Judgment. Proceedings after comment is filed. Petition for continuing mandamus. speedy and adequate remedy in the ordinary course of law. and praying that judgment be rendered commanding the respondent to do an act or series of acts until the judgment is fully satisfied. evaluate and monitor compliance. attaching thereto supporting evidence. specifying that the petition concerns an environmental law. under the law. the court shall issue the writ and require the respondent to comment on the petition within ten (10) days from receipt of a copy thereof.When any agency or instrumentality of the government or officer thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office. Order to comment.The periodic reports submitted by the respondent detailing compliance with the judgment shall be contained in partial returns of the writ. the person aggrieved thereby may file a verified petition in the proper court.The petitioner shall be exempt from the payment of docket fees. Appeal. . TEPO. government agency. Section 17. the satisfaction of judgment shall be entered in the court docket. . . and the court may. .After the comment is filed or the time for the filing thereof has expired. The petitioner may submit its comments or observations on the execution of the judgment. criminal or administrative actions. by itself or through a commissioner or the appropriate government agency. Section 16. government agency. No docket fees. . preservation. private person or entity to protect. Expediting proceedings. government agency. (d) Directing the respondent public official. RULE 8 WRIT OF CONTINUING MANDAMUS Section 1. a final return of the writ shall be made to the court by the respondent. rules or regulations. Section 7.(a) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental destruction or damage. together with a copy of the petition and any annexes thereto. Such order shall be served on the respondents in such manner as the court may direct. Institution of separate actions. The petition shall be resolved without delay within sixty (60) days from the date of the submission of the petition for resolution. and it may also grant a TEPO for the preservation of the rights of the parties pending such proceedings. Section 6.If warranted. .The filing of a petition for the issuance of the writ of kalikasan shall not preclude the filing of separate civil. any party may appeal to the Supreme Court under Rule 45 of the Rules of Court. rehabilitate or restore the environment. Section 2. trust or station in connection with the enforcement or violation of an environmental law rule or regulation or a right therein. Section 3. Upon full satisfaction of the judgment. The court shall require the respondent to submit periodic reports detailing the progress and execution of the judgment.If the petition is sufficient in form and substance. Return of the writ. . except the award of damages to individual petitioners. private person or entity to monitor strict compliance with the decision and orders of the court. alleging the facts with certainty.

the following procedure shall be observed: (a) The apprehending officer having initial custody and control of the seized items. reserves the right to institute it separately or institutes the civil action prior to the criminal action.In criminal cases.PART IV CRIMINAL PROCEDURE RULE 9 PROSECUTION OF OFFENSES Section 1.Any offended party.The custody and disposition of seized items shall be in accordance with the applicable laws or rules promulgated by the concerned government agency. PARAPHERNALIA. Arrest without warrant. the filing and other legal fees shall be imposed on said award in accordance with Rule 141 of the Rules of Court.In the absence of applicable laws or rules promulgated by the concerned government agency. or (b) When an offense has just been committed. Section 2. Section 2. . peace officer or any public officer charged with the enforcement of an environmental law may file a complaint before the proper officer in accordance with the Rules of Court. . Custody and disposition of seized items. paraphernalia. Warrant of arrest. Rule 131 of the Rules of Court when effecting arrests for violations of environmental laws. in his presence.When a criminal action is instituted. the person to be arrested has committed.A peace officer or an individual deputized by the proper government agency may. RULE 10 PROSECUTION OF CIVIL ACTIONS Section 1. Individuals deputized by the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under Section 3(m). arrest a person: (a) When. Section 3. a counsel whose services are offered by any person or organization may be allowed by the court as special prosecutor.An information. . Unless the civil action has been instituted prior to the criminal action. The award shall be used for the restoration and rehabilitation of the environment adversely affected. RULE 12 CUSTODY AND DISPOSITION OF SEIZED ITEMS. with the consent of and subject to the control and supervision of the public prosecutor. The damages awarded in cases where there is no private offended party. EQUIPMENT. shall be filed with the court. Who may file. equipment. when lawful. shall accrue to the funds of the agency charged with the implementation of the environmental law violated. and the fees shall constitute a first lien on the judgment award. . . conveyances and instruments shall physically inventory and whenever practicable. without a warrant. photograph the same in the presence of the person from whom such items were seized. CONVEYANCES AND INSTRUMENTS Section 1. Special prosecutor. is actually committing or is attempting to commit an offense. . Section 2. . where there is no private offended party. . Institution of criminal and civil actions. . and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it. RULE 11 ARREST Section 1. charging a person with a violation of an environmental law and subscribed by the prosecutor. the reservation of the right to institute separately the civil action shall be made during arraignment.All warrants of arrest issued by the court shall be accompanied by a certified true copy of the information filed with the issuing court. Filing of the information. the civil action for the recovery of civil liability arising from the offense charged. shall be deemed instituted with the criminal action unless the complainant waives the civil action. In case civil liability is imposed or damages are awarded. less the filing fees. Procedure.

the court may direct the auction sale of seized items. photographs.Before granting the application for bail. (b) Proceed to receive evidence on the civil aspect of the case. (d) The auction sale shall be with notice to the accused. the court shall consider plea-bargaining arrangements. the person from whom the items were seized. including the civil liability for damages. .(b) Thereafter. fix the minimum bid price based on the recommendation of the concerned government agency. Bail. and upon failure of the accused to appear without justification and despite due notice. Section 2. RULE 15 ARRAIGNMENT AND PLEA Section 1.The provisional remedy of attachment under Rule 127 of the Rules of Court may be availed of in environmental cases. municipal trial judge or municipal circuit trial judge in the province. or if no judge thereof is available. The sheriff shall conduct the auction. (c) Upon motion by any interested party. tools or instruments of the crime were seized.Bail in the amount fixed may be filed with the court where the case is pending. representative samples and other pertinent documents to the public prosecutor for appropriate action. paraphernalia. and (c) To waive the right of the accused to be present at the trial. Where the prosecution and offended party or concerned government agency agree to the plea offered by the accused. with notice to the public prosecutor and offended party or concerned government agency that it will entertain plea-bargaining on the date of the arraignment. Temporary Environmental Protection Order (TEPO) in criminal cases. tools or instruments of the crime. RULE 13 PROVISIONAL REMEDIES Section 1.The court shall set the arraignment of the accused within fifteen (15) days from the time it acquires jurisdiction over the accused. The court shall. equipment. . accused waives the reading of the information and authorizes the court to enter a plea of not guilty on behalf of the accused and to set the case for trial. . city or municipality. or the owner thereof and the concerned government agency. Section 2. Duties of the court. RULE 14 BAIL Section 1. . Attachment in environmental cases. bail may also be filed with any Regional Trial Court of said place. . Plea-bargaining. and (c) Render and promulgate judgment of conviction. the apprehending officer shall submit to the issuing court the return of the search warrant within five (5) days from date of seizure or in case of warrantless arrest. city or municipality other than where the case is pending. if any. metropolitan trial judge. If the court grants bail. Environmental Protection Order (EPO). with any metropolitan trial judge. submit within five (5) days from date of seizure. paraphernalia. or in the absence or unavailability of the judge thereof. (e) The notice of auction shall be posted in three conspicuous places in the city or municipality where the items. (b) To appear whenever required by the court where the case is pending. . municipal trial judge or municipal circuit trial judge therein. the trial may proceed in absentia. as follows: (a) To appear before the court that issued the warrant of arrest for arraignment purposes on the date scheduled. compliance report. the inventory report.The procedure for and issuance of EPO and TEPO shall be governed by Rule 2 of these Rules. Arraignment. with any regional trial judge. Section 2. . where filed. after hearing. equipment. the judge must read the information in a language known to and understood by the accused and require the accused to sign a written undertaking.On the scheduled date of arraignment. the court may issue a hold-departure order in appropriate cases. the court shall: (a) Issue an order which contains the plea-bargaining arrived at. and if the accused fails to appear without justification on the date of arraignment. (f) The proceeds shall be held in trust and deposited with the government depository bank for disposition according to the judgment. If the accused is arrested in a province.

. (g) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct examination of the witnesses. Qualification of expert witnesses. (b) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings. (f) To record the proceedings during the preliminary conference in the Minutes of Preliminary Conference to be signed by the parties and counsel.After the arraignment. addresses and contact numbers of the affiants. for a preliminary conference to be set at least three (3) days prior to the pre-trial. The parties or their counsel must submit to the branch clerk of court the names. . The court’s territorial jurisdiction relative to the offense(s) charged.During the pre-trial. Manner of questioning. (e) 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. the court shall: (a) Place the parties and their counsels under oath. addresses and contact numbers of witnesses that need to be summoned by subpoena. Section 2. (c) To attach copies thereof to the records after comparison with the originals.RULE 16 PRE-TRIAL Section 1. confirm markings of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents. and (g) Consider modification of order of trial if the accused admits the charge but interposes a lawful defense. . (e) To consider such other matters as may aid in the prompt disposition of the case. (f) Require the parties to submit to the branch clerk of court the names. Section 3. and (h) To attach the Minutes and marked exhibits to the case record before the pre-trial proper.The preliminary conference shall be for the following purposes: (a) To assist the parties in reaching a settlement of the civil aspect of the case. and iii. (d) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of documents marked as exhibits. and list object and testimonial evidence. Preliminary conference. (c) Scrutinize the information and the statements in the affidavits and other documents which form part of the record of the preliminary investigation together with other documents identified and marked as exhibits to determine further admissions of facts as to: i. ii. It may refer the case to the branch clerk of court. Amount of damages. (d) Define factual and legal issues. (b) To mark the documents to be presented as exhibits. Section 4. if warranted. the court shall set the pre-trial conference within thirty (30) days. Pre-trial duty of the judge. . . Setting of pre-trial conference.All questions or statements must be directed to the court.

. Affidavit in lieu of direct examination. The agreements covering the matters referred to in Section 1. Section 2. .The hearing on the defense of a SLAPP shall be summary in nature. Section 3.The court shall issue a pre-trial order within ten (10) days after the termination of the pre-trial. by motion of the person entitled to recover under judgment. Continuous trial. . Disposition period.The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre-trial order.The court shall grant the motion if the accused establishes in the summary hearing that the criminal case has been filed with intent to harass.The court shall dispose the case within a period of ten (10) months from the date of arraignment. . otherwise. RULE 17 TRIAL Section 1. The order shall bind the parties and control the course of action during the trial. within a non-extendible period of thirty (30) days from the date the case is submitted for decision. they cannot be used against the accused.Section 5. . Section 4. If the court denies the motion. Pre-trial order. The party filing the action assailed as a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP. the facts stipulated. institution or the government has taken or may take in the enforcement of environmental laws. in electronic form. . the court shall require the Integrated Bar of the Philippines to provide pro bono lawyers for the accused. . Section 2. the number of witnesses to be presented and the schedule of trial. With or without any memoranda filed. enforce such subsidiary liability against a person or corporation subsidiary liable under Article 102 and Article 103 of the Revised Penal Code. Section 7. RULE 18 SUBSIDIARY LIABILITY Section 1.In case of conviction of the accused and subsidiary liability is allowed by law. exert undue pressure or stifle any legal recourse that any person. PART V EVIDENCE RULE 20 PRECAUTIONARY PRINCIPLE .All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel. Resolution. Subsidiary liability. .All proceedings during the pre-trial shall be recorded. Submission of memoranda. the admissions made. The party seeking the dismissal of the case must prove by substantial evidence that his acts for the enforcement of environmental law is a legitimate action for the protection. RULE 19 STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES Section 1. Summary hearing.Upon the filing of an information in court and before arraignment. the court shall have a period of sixty (60) days to decide the case counted from the last day of the 30-day period to file the memoranda. Record of proceedings.Affidavit in lieu of direct examination shall be used.The court may require the parties to submit their respective memoranda and if possible. setting forth the actions taken during the pre-trial conference. the transcripts prepared and the minutes signed by the parties or their counsels. Section 5. . . The parties must submit all the available evidence in support of their respective positions. preservation and rehabilitation of the environment. protection of the environment or assertion of environmental rights. Section 6. . Section 3. Rule 118 of the Rules of Court shall be approved by the court. Agreements or admissions.If the accused cannot afford the services of counsel or there is no available public attorney. evidence marked. Pro bono lawyers. . the court shall immediately proceed with the arraignment of the accused. vex. the accused may file a motion to dismiss on the ground that the criminal action is a SLAPP. Motion to dismiss. the court may. subject to cross-examination and the right to object to inadmissible portions of the affidavit.

NOW. Whereas. . it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses. The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt. Application of the Rules of Court.(a) This Rule shall apply to all actions.In applying the precautionary principle. except as otherwise provided herein. among others.M. acts.Entries in official records made in the performance of his duty by a public officer of the Philippines. thus speeding up the hearing and adjudication of cases. . Section 2. video and similar evidence. RULE 22 FINAL PROVISIONS Section 1. the Supreme Court Committee on the Revision of the Rules of Court. the following factors. the court shall apply the precautionary principle in resolving the case before it. Photographic. few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments. wildlife by-products or derivatives. or by any other person competent to testify on the accuracy thereof. Scope.Photographs. and incidents requiring the reception of evidence before: . Whereas. headed by Associate Justice Roberto A. Entries in official records. September 04. [A. case congestion and delays plague most courts in cities. about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements. RULE 21 DOCUMENTARY EVIDENCE Section 1. . keeping its people poor. Abad. proceedings. 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses. Whereas. . . may be considered: (1) threats to human life or health. headed by Senior Associate Justice Antonio T. Effectivity.When there is a lack of full scientific certainty in establishing a causal link between human activity and environmental effect. Applicability. Carpio. Whereas. and Whereas. . 2012] JUDICIAL AFFIDAVIT RULE Whereas. or by a person in performance of a duty specially enjoined by law. the Supreme Court En Banc finds merit in the recommendation. or (3) prejudice to the environment without legal consideration of the environmental rights of those affected. 12-8-8-SC. and the Sub-Committee on the Revision of the Rules on Civil Procedure. Section 2.Section 1. have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of judicial affidavits. Standards for application. are prima facie evidence of the facts therein stated. THEREFORE. . by some other person present when said evidence was taken. given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place. (2) inequity to present or future generations. transactions of wildlife.These Rules shall take effect within fifteen (15) days following publication once in a newspaper of general circulation.The Rules of Court shall apply in a suppletory manner. No. the Supreme Court En Banc hereby issues and promulgates the following: Section 1. Section 2. in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation. on February 21. forest products or mineral resources subject of a case shall be admissible when authenticated by the person who took the same. Whereas. videos and similar evidence of events.

(a) The judicial affidavit shall contain a sworn attestation at the end. if any. including the Integrated Bar of the Philippine (IBP). and (3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court. or pictures. Contents of Judicial Affidavit. failing which the latter shall not be admitted. B. the following: (1) The judicial affidavits of their witnesses. consecutively numbered. which shall take the place of such witnesses’ direct testimonies. age. to the effect that: .[1] (b) For the purpose of brevity. (2) Elicit from him those facts which are relevant to the issues that the case presents.A judicial affidavit shall be prepared in the language known to the witness and. marked as exhibit. not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents. accompanied by a translation in English or Filipino. . Sworn attestation of the lawyer. personally or by licensed courier service. (e) The signature of the witness over his printed name. (d) Questions asked of the witness and his corresponding answers. and occupation of the witness. and that he may face criminal liability for false testimony or perjury." Sec. the Municipal Circuit Trial Courts. or investigating officers shall be uniformly referred to here as the "court. 4.(a) The parties shall file with the court and serve on the adverse party. if not in English or Filipino. C. reproduction. and as Exhibits 1. fully conscious that he does so under oath. and (5) The special courts and quasi-judicial bodies. (b) Should a party or a witness desire to keep the original document or object evidence in his possession. Sec. insofar as their existing rules of procedure contravene the provisions of this Rule. warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. the Municipal Trial Courts. that: (1) Show the circumstances under which the witness acquired the facts upon which he testifies. which shall be attached to the judicial affidavits and marked as Exhibits A. 2. the Court of Tax Appeals. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. and authenticated. the Court of Appeals. and the Shari'a Circuit Courts but shall not apply to small claims cases under A. 08-8-7-SC. and so on in the case of the complainant or the plaintiff. 2. Sec. and so on in the case of the respondent or the defendant. the above courts. (b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held. (c) A statement that the witness is answering the questions asked of him. executed by the lawyer who conducted or supervised the examination of the witness.M. . he may. and (f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. whose rules of procedure are subject to disapproval of the Supreme Court. residence or business address. 3. and shall contain the following: (a) The name. In addition. (3) The Sandiganbayan. (4) The investigating officers and bodies authorized by the Supreme Court to receive evidence. and (2) The parties' documentary or object evidence. and the Shari'a Appellate Courts. after the same has been identified. 3. the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy. (2) The Regional Trial Courts and the Shari'a District Courts. .(1) The Metropolitan Trial Courts. quasi-judicial bodies. the Municipal Trial Courts in Cities.

and (2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. Sec.00 nor more than P5.000. . . however. Oral offer of and objections to exhibits. in their chronological order. and the rulings. or the requested witness. without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court. a party shall immediately make an oral offer of evidence of his documentary or object exhibits. (2) Where the accused agrees to the use of judicial affidavits. Effect of non-compliance with the Judicial Affidavit Rule. Offer of and objections to testimony in judicial affidavit. 5. who is neither the witness of the adverse party nor a hostile witness. In every case. The court shall promptly rule on the motion and. at the discretion of the court. he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor. irrespective of the penalty involved. The court may. 7. if any. documents. and eventual production in court. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify. the adverse party shall state the legal ground for his objection.The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. 10. B. 3. and the court shall immediately make its ruling respecting that exhibit. allow only once the late submission of the same provided. Subpoena. serving copies of the same upon the accused. (b) A false attestation shall subject the lawyer mentioned to disciplinary action. the requesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court.(a) This rule shall apply to all criminal actions: (1) Where the maximum of the imposable penalty does not exceed six years. piece by piece.If the government employee or official. The party who presents the witness may also examine him as on re-direct. C and so on. 6. . — The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. (c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution. and the defaulting party pays a fine of not less than P1. Examination of the witness on his judicial affidavit. including disbarment. would not unduly prejudice the opposing party. the delay is for a valid reason. the court shall take active part in examining the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues. authentication. shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel. Application of rule to criminal actions. unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books.(a) Upon the termination of the testimony of his last witness. (b) After each piece of exhibit is offered. . 9. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have. (c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them. whatever the penalties involved are. the objections. 8.(a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission.000. . including his documentary and object evidence previously marked as Exhibits 1. it is sufficient that such exhibits are simply cited by their markings during the offers. . or object evidence shall be admitted at the trial.(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave. documentary.00. or other things under his control available for copying. 2. Sec. (b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. No further judicial affidavit. Sec. if granted. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte. Sec. marking them as Exhibits A. to its admission. Sec. and so on. stating the purpose or purposes for which he offers the particular exhibit. or (3) With respect to the civil aspect of the actions. dispensing with the description of each exhibit. Sec.

Sec. The court may. 2013 following its publication in two newspapers of general circulation not later than September 15.00. Effectivity. allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further. (c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. It shall also apply to existing cases.The provisions of the Rules of Court and the rules of procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this Rule.(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. that public or private counsel responsible for their preparation and submission pays a fine of not less than Pl.000. . at the discretion of the court. . The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved. Repeal or modification of inconsistent rules. Sec. September 4. 2012.000. 2012. — This rule shall take effect on January 1. Manila. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by crossexamination the witnesses there present. 12. 11.00 nor more than P5. however.