Supreme Court 0' the Philippines

PHILIPPIHE JUDICIAL ACADEMY

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PJA00201501402
To follow up, pis. elt. the "umb.r abov.. XI0

jRepublic of the ~bilippineg

~upreme QCourt
;fflflanila

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

RE: ADOPTING THE GUIDELINES FOR CONTINUOUS TRIAL

OF CRIMINAL CASES IN PILOT COURTS

RESOLUTION

Acting on the recommendation of the Chairman of the Special Committee

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

June 30, 2015.

MARIA LOURDES P. A. SERENO

Chief Justice

t::2z:~ On leave
ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.
Associate Justice Associate Justice <

~J~Jto-~~ Associate Justice

On leave
ARTURO D. BRION
Associate Justice
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~//~ _.. .
/~~~c/
MARIANO C. DEL CASTILLO
Associate Justice

,
On leave
BIENVENIDO L. REYES ESTELA~~BE~ABE
Associate Justice Associate Justice I
!

FRANCIS H. RDELE~A
Associate Justice ;
 GUIDELINES FOR CONTINUOUS TRIAL
OF CRIMINAL CASES IN PILOT COURTS

WHEREAS, about seventy-seven percent (77%) of cases filer and

I
pending in the trial courts are criminal cases;

WHEREAS, due to the trial court's burgeoning dockets, trial has

become "piecemeal" and spread over months and even years;
,
WHEREAS, with the advent of eCourts, automation has opened
I
possibilities for speedier processing and adjudication of cases;

NOW, THEREFORE, considering the foregoing premises, the

following guidelines are hereby adopted for the continuous trial of
criminal cases in the selected pilot courts, as follows:

GUIDELINES FOR CONTINUOUS TRIAL

I. Applicability

These Guidelines shall apply in all criminal cases in the

First and Second Level Courts.

II. Procedure

1. Once the court has acquired jurisdiction over the person of

the accused, the arraignment of the accused shall be set
within the periods provided under the Rules, which should
be not more than ten (10) days for detention prisoners, nor
more than thirty (30) days for non-detainees, unless a
shorter period is provided by special law or Suprem<r
Court Circular.

2. The court shall issue subpoena to the accused, his counsell

the public prosecutor and witnesses whose names appear
in the Information for purposes of plea bargaining and
notification of the pre-trial and trial dates.
3. Arraignment
,
3.1. Plea Bargaining Except in Drug Cases. - If the accused:
desires to enter a plea of guilty to a lesser offense, plea I
bargaining should immediately proceed, provided that:
the private offended party in private crimes.. or the :
arresting officer in victimless crimes, is present to give :
his conformity to the plea bargaining. Thereafter,
judgment shall immediately be rendered in the same:
proceedings. (see Annexes 1 and 2) .

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

the accused pleads guilty to the crime charged in the:

Information, judgment shall immediately be rendered, I
except in those cases involving capital offenses. (see I
Annex 3)
. . I
3.3. Where No Plea Bargaining or Plea of Guilty Takes Place. - ;
If the accused does not enter a plea of guilty, whether!
to a lesser offense or the offense charged in the I
Information, the court shall immediately proceed with i
the arraignment of the accused and, thereafter, indicate;
the pre-trial and trial dates in the Order.

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

the prosecution and the defense should be within the I

periods provided in the Regular Rules/Special Rules. i

The trial dates may be shortened depending on the :
number of witnesses to be presented. In this regard, a I
flowchart shall be prepared by the court which shall I
serve as the final schedule of hearings. (see Annex 4)

4. Pre-trial

4.1. The conduct by the branch clerk of court of a I

preliminary conference as part of pre-trial should only :
be done when the issues are complex. The judges
themselves should conduct the pre-trial. :
I
4.2. Proposals for stipulations shall be done by the judge I

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

4.3. The documentary evidence of the prosecution and the I

defense shall be marked. I

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

5. Trial Proper
5.1. Presentation of Evidence for the Prosecution. -

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

prosecution are prohibited. However, if the i
motion is granted based on exceptional grounds,
I
the prosecution shall be warned that the . . I

presentation of its evidence must be finished on '

the dates previously agreed upon and allotted to .
it.

5.1.2. After the presentation of its last witness, the

prosecution shall orally offer its evidence. The
accused shall orally comment or object to the I
prosecution's offer of evidence. Thereafter, the i

judge shall orally resolve the oral offer and the

comment or objection of the accused, if any.

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

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

for leave of court to file a demurrer to evidence, or I
to proceed with the presentation of its evidence. If
the defense orally moves for leave of court to file a
demurrer to evidence, the court shall orally
resolve the same. (see Annex 7)

5.2. Presentation of Evidence for the Defense. -

I

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

accused are prohibited. However, if the motion is

granted based on exceptional grounds, the defense !
shall be warned that the presentation of its!
evidence must be finished on the dates previously I
agreed upon and allotted to it. I
I
5.2.2. After the presentation of its last witness, the I

defense shall orally offer its evidence. The I

I
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 ,

I
prosecution shall orally comment or object to the I
defense's offer of evidence. Thereafter, the judge i
shall resolve the oral offer and the comment or iI
objection of the prosecution, if any. If rebuttal :
evidence is no longer necessary, the court shall :
consider the case submitted for decision. (see I
I
Annexes 8 and 9) I

5.3. Presentation of Rebuttal and Surrebuttal Evidence. -

,
I
I

5.3.1. If the court grants the presentation of rebuttal I

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

I
6. Promulgation I
The court shall announce in open court the date of ;
the promulgation of its decision which should be within i
the period provided under the Regular/Special Rules. The i
submission of memorandum is discretionary on the part of :
the court. The date of promulgation of decision should not ;
be more than ninety (90) days from the date the case is :
submitted for decision, except for those covered by Special I
Rules and other laws which provide for a shorter period.

7. Motion Day
Trial shall be held from Monday to Thursday, at 8:30 in the
I
morning, and 2:00 in the afternoon. Hearing on motions,
arraignment, and promulgation of decision shall be .held on
Fridays. :
I
8. Training Seminar I
I
A training seminar consisting of lectures on the Guidelines
for Continuous Trial of Criminal Cases and skills development of
judges in the pilot courts shall immediately be conducted by the
Philippine Judicial Academy in coordination with the Committee
I
on Speedy Trial of the Supreme Court. I
I

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 9. Implementation and Monitoring
i
I

The Speedy Trial Committee of the Supreme Court ~hall

oversee and monitor the implementation of the continuous.trial
program and may create technical working groups for I this
purpose.

III. Designation of Pilot Courts

The following courts shall pilot test these Guidelines:

Makati City
Metropolitan Trial Courts
1. Branch 61 Judge Barbara-Aleli H. Briones
2. Branch 65 Judge Henry E. Laron

Regional Trial Courts

Regular Courts
3. Branch57 Judge Honorio E. Guanlao, Jr.
4. Branch 145 Judge Carlito B. Calpatura

Drugs Courts
5. Branch 64 Judge Gina M. Bibat-Palamos
6. Branch 135 Judge Josephine A. Vito Cruz

Family Courts
7. Branch 140 Judge Cristina J. Sulit
8. Branch 144 Judge Liza Marie R. Picardal-Tecson

Manila City
Metropolitan Trial Courts
9. Branch 30 Judge Glenda M. Ramos
10.Branch 17 Judge Amalia S. Gumapos-Ricablanca

Regional Trial Courts

Regular Courts
11. Branch 41 Judge Rosalyn M. Loja
12. Branch 54 Judge Maria Paz R. Reyes-Yson

Drugs Courts
13. Branch 35 Judge Ma. Bemardita J. Santos
14. Branch 31 Judge Maria Sophia T. Solidum-Taylor

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,-...

Family Courts
15. Branch5 Judge Emily L. San Gaspar-Gito
16. Branch 29 Judge Roberto P. Quiroz
17. Branch 38 Judge Maria Celestina C. Mangrobang
18. Branch 4 Judge Jose Lorenzo R. Dela Rosa

Quezon City
Metropolitan Trial Courts
19. Branch 42 Judge Juris S. Dilinila-Callanta
20. Branch 32 Judge Janet Abergos Samar

Regional Trial Courts

Regular Courts
21. Branch 224 Judge Tita Marilyn P. Villordon
22. Branch 223 Judge Caridad M. Walse-Lutero

Drugs Courts
23. Branch 218 Judge Luis Zenon Q. Maceren
24. Branch 79 Judge Nadine Jessica Corazon J. Fama

Family Courts
25. Branch 94 Judge Roslyn R. Tria
26. Branch 106 Judge Angelene Mary Quimpo-Sale

Marikina City
Metropolitan Trial Courts
27. Branch 76 Judge James T. Sy
28. Branch 93 Judge Suzanne C. Nabaza

Regional Trial Courts

Regular Courts
29. Branch 273 Judge Romeo D. Tagra
30. Branch 272 Judge Felix P. Reyes

Family Courts
31. Branch 192 Judge Geraldine Fiel-Macaraig
32. Branch 168 Judge Lorna Francisca Chua Cheng

Pasig City
Metropolitan Trial Courts
33. Branch 68 Judge Eduardo Ramon R. Reyes
34. Branch 69 Judge Christian Emmanuel G. Pimentel

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, .

Regional Trial Courts

Regular Courts
35. Branch 71 Judge Elisa R. Sarmiento-Flores I

36. Branch 155 Judge Maria Gracia A. Cadiz-Casaclang !

,
Drugs Courts !
37. Branch 154 Judge Achilles Aristotle Apolinario C. I
Bulauitan
38. Branch 164 Judge Jennifer A. Pilar

Pasay City
Metropolitan Trial Courts
39. Branch 46 Judge Restituto V. Mangalindan, Jr.
40. Branch 47 Judge Glenn D. Santos
41. Branch 48 Judge Allan B. Ariola

. Regional Trial Courts

Regular Courts
42. Branch 111 Judge Wilhelmina J. Wagan
43. Branch 118 Judge Rowena Nieves Adena Tan

Paraiiaque City
Metropolitan Trial Courts
44. Branch 77 Judge Donato H. De Castro
45. Branch 78 Judge Ramsey Domingo G.Pichay
46. Branch 87 Judge Leilani Marie Dacanay-Grimares
47. Branch 88 Judge Belen S. Carasig
48. Branch 89 Judge Harold Cesar C. Huliganga
49. Branch 90 Judge Marisa M. Buenagua
50. Branch 91 Judge Christian P. Castaneda

Muntinlupa City
Regional Trial Courts
Regular Court
51. Branch 276 Judge Antonietta P. Medina

Family Court
52. Branch 207 Judge Philip A. Aguinaldo

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 Annex 1

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

!
"When the accused was arraigned for the lesser crime of i
_____ ......J' by reading the Information in a language known :

and understood by the accused, assisted by his/her counsel de

oficio/ de parte (name of counsel), accused entered a plea. of
guilty. The private complainant (name of complainant) and the
public prosecutor (name of prosecutor) conformed with the
accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the

accused (name of the accused) guilty beyond reasonable doubt
for the crime of , defined and penalized under
____ --',and is hereby sentenced to suffer the penalty" of j

SO ORDERED."

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

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 Annex 2

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

~ . .
"When the accused was arraigned for the lesser crime of i
_____ -J' by reading the Information in a language known I
and understood by the accused, assisted by his/her counsel de I
oficio/ de parte (name of counsel), accused entered a plea of
guilty. The privatecomplainant (name of complainant) and the I
public prosecutor (name of prosecutor) conformed with the I
accused pleading guilty to a lesser offense. :
I
WHEREFORE, judgment is hereby rendered finding the
accused (name of the accused) guilty beyond reasonable doubt
for the crime of , defined and penalized under :
____ --',and is hereby sentenced to suffer the indeterminate! I

penal ty* of !

The period within which the accused was detained shall :

be credited to him in full, as long as he abides by and strictly !
I
follows the rules and regulations of the institution where he is I
I
detained or confined. !

SO ORDERED."

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

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 Annex 3

Template Judgment; Plea of Guilty to the Crime Charged:

"When the accused was arraigned by reading the

Information in the language known and understood by
him/her, assisted by his/her counsel de oficio/ de parte (name of
counsel), the accused entered a plea of guilty. When queried,
the accused and his/her counsel informed the court that the
accused fully understands the nature and consequence of his
entering a plea of guilty to the crime charged in the
Information.

WHEREFORE, judgment is hereby rendered finding the \

accused (name of the accused) guilty beyond reasonable doubt II
of the crime , as defined and penalized under I
____ -', and there being one mitigating circumstance of I
plea of guilty as provided for in paragraph 7 of Article 13 of the ~
Revised Penal Code* and is hereby sentenced to suffer the
indeterminate penalty** of _

The period within which the accused was detained shall I.

be credited to him in full, as long as he abided by and strictly I

followed the rules and regulations of the institution where he
was detained or confined.

SO ORDERED."

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

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

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 Annex 4

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

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

parte/de oficio (name), was arraigned by reading to him/her the

Information in a language known and understood by him/her, said
accused entered the plea of Not Guilty.

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

the morning. *

Trial will proceed on July 28 and 30, August 4, 6, 11, and 13,
2015, all at 8:30 in the morning and 2:00 in the afternoon, for the I
prosecution to present and terminate its evidence; and on September'
1,3, 8, 10, 15, and 17, 2015, all at 8:30in the morning and 2:00.in the I
afternoon, for the defense to present and terminate its evidence.**

The parties are hereby ordered to be ready to take up the

matters set forth in the Rules on Pre-Trial so as not to unduly delay
the proceedings. (The parties agreed to us.ethe affidavit of witnesses :
or affidavit of witnesses submitted to the Prosecutor's Office or I
I

sworn statement given to investigating agencies as their direct

testimonies, and to mark the same in the pre-trial)***
i
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The pre-trial and the trial dates are final and intransferrable, :
and no motions for postponement that are dilatory in character shall :
be entertained by the court. I

The accused (name of accused), his counsel (name of counsel),

public prosecutor (name of prosecutor), and the witness (name of I

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

. SO ORDERED."

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

**This will depend on the number of witnesses listed in the information. i It is

suggested that for every witness, two (2) trial dates should be allotted. TheI trial
dates should likewise be one (1) day apart. :

***ForFirst Level Courts only.

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

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 Annex 5

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

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

following:

(State Stipulations)
I
The parties agreed and marked the (affidavit of witnesses , I

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

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

The prosecution and the accused marked in evidence the I

following documents:

(List of Exhibits).

The prosecution and 'the accused will present their:

respective witnesses as follows:

(List Witnesses)

The presentation of the evidence of the prosecution and

the accused shall be those that have been previously agreed I
upon during the arraignment of the accused, as follows: '

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

The contents of this pre-trial order shall control the

subsequent course of action.

SO ORDERED."

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 Annex 6

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

At the Pre-Trial the parties agreed to stipulate on the'

1/

following: I

(State Stipulations)

The prosecution and the accused marked in evidence the!

following documents: '

(Marking of Exhibits)

The prosecution and the accused will present their

respective witnesses as follows:

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

(List)

The court shall not allow the presentation of documentary

i

evidence or testimonial evidence not presented during the pre- i

trial, except for exceptional reasons, and/ or rebuttal purposes.

The contents of this pre-trial order shall control the

subsequent course of action.

SO ORDERED."

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 Annex 7

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

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

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

SO ORDERED."

Annex 8

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

"After the presentation of its last witness, the defense

rested its case. There being no rebuttal evidence to be presented
by the prosecution, the court considers the case submitted for,
decision. The promulgation of the decision of this case is hereby
set on of which date and time,* the accused, his/her
counsel, and the prosecution have been notified in open court
this morning.

SO ORDERED."
,
* Should not be more than ninety (90) days from the submission of the'case
for decision.

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 Annex 9

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

After the accused rested his/her case today and there

JI

being no rebuttal evidence to be presented by the prosecution;

the court considers the case submitted for decision. ,
!
I

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

With or without memoranda, the promulgation of the

decision of this case is hereby set on of which date
and time,** the accused, his/her counsel and the public,
prosecutor, are notified of this order in open court.

SO ORDERED."

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

submit memoranda.

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

Annex 10

Template Order on Presentation of Rebuttal Evidence of Prosecution:

"After the accused rested his/her case today, th~

presentation of rebuttal evidence of the prosecution is hereby
set on , and the presentation of surrebuttal evidence
of the accused is hereby set on as previously
scheduled. I

SO ORDERED."
I
*Iafter the presentation of the rebuttal witness, the prosecution should
orally offer its evidence in rebuttal and the counsel for the accused ~hould
I

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

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 Annex 11

Template Order on Presentation of Surrebuttal Evidence of the Accused:

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

SO ORDERED."

Annex 12

Template Order; No Surrebuttal Evidence for the Accused:

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

SO ORDERED."
i

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

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