Salient features of the Revised Guidelines for 8.

Where only the civil liability is being prosecuted, the
Continuous Trial of Criminal Cases head of the prosecution office may issue a written
By Jose Rene G. Dondoyano May 24th, 2017 authority to a private prosecutor who may prosecute
in the absence of the public prosecutor.10
1. It applies to all newly-filed criminal cases, including 9. Consolidation of cases may be done even before
those governed by Special Laws and Rules1, in the First raffling provided a motion for consolidation
and Second Level Courts, the Sandiganbayan and the accompanies the filing before the Office of the Clerk of
Court of Tax Appeals. It also applies to pending criminal Court. If a new case is filed involving an accused who
cases with respect to the remainder of the has been subjected to further investigation by the
proceedings. It shall not apply to cases under the Rule office of the prosecutor over an incident involving the
on Summary Procedure. same subject matter as that of the already raffled
2. Trial shall be held from Monday to Thursday at information, the new case shall be assigned directly to
exactly 8:30 A.M. and 2:00 P.M2. Hearing on motions, the court where the earlier case is pending, provided,
arraignment and pre-trial, and promulgation of there is a motion for consolidation from the office of
judgment of decisions are in the morning of Fridays.3 the prosecutor that accompanies its filing in court. The
3. Motions for inhibitions based on Rule 137 shall be proceedings already had in the old case may be
resolved immediately or within two calendar days from adopted.
filing. 10. Archiving of cases shall be done within the period
4. Prohibited motions shall be denied outright before prescribed under the guidelines11. A criminal case shall
the arraignment without need of comment. be archived only if, after the issuance of the warrant of
5. The following are the prohibited motions: arrest, the accused remains at large for six (6) months
from the delivery of the warrant to the proper peace
1. Motion judicial determination of probable cause. officer. Such case may likewise be archived when
2. Motion for preliminary investigation filed beyond proceedings therein are ordered suspended for an
the five (5) day period in inquest proceedings4 or indefinite period because: a.) the accused appears to
when preliminary investigation is required5 or allowed be suffering from an unsound mental condition, b.) a
in inquest proceedings and the accused failed to valid prejudicial question in a civil action is invoked
participate despite due notice. during the pendency of the criminal case, c.) an
3. Motion for reinvestigation of the prosecutor who interlocutory order or incident in the criminal case is
recommends the filing of the information once the elevated to a higher court which issued a TRO or writ
information has been filed before the court (1) if the of preliminary injunction, d.) when the accused has
motion is filed without prior leave (2) when jumped bail before arraignment and cannot be
preliminary investigation is required and has been arrested by the bondsman.
actually conducted, and the grounds relied upon in
the motion are not meritorious, such as issues of 11. Arraignment and Pre-trial shall be set within ten (10)
credibility, admissibility of evidence, innocence of the calendar days from date of the court’s receipt of the
accused, or lack of due process when the accused was case for a detained accused, and within thirty (30)
actually notified, among others. calendar days from the date the court acquires
4. Motion to quash information when the ground is jurisdiction over a non-detained accused. The setting
not one of those stated in the rules.6 shall be incorporated in the commitment order or in
5. Motion for bill of particulars that does not conform the approval of the bail in other cases. Notices shall be
to the rules.7 sent to the accused, his/her counsel, private
6. Motion to suspend arraignment based on grounds complainant or complaining law enforcement agent,
not stated by the rules8. public prosecutor, and witnesses whose names appear
7. Petition to suspend criminal action based on in the information for purposes of plea-bargaining,
prejudicial question when no civil case has been arraignment and pre-trial.
filed9. 12. In multiple cases, the court, upon personal
6. Motion for postponement is prohibited, except if it examination of the accused may allow a waiver of the
is based on acts of God, force majeure or physical reading of the information upon the full understanding
inability of the witness to appear and testify. If the and express consent of the accused and his/her
motion is granted based on said exceptions, the counsel, which consent shall be expressly stated in
moving party shall be warned that the presentation of both the minutes/certificate of arraignment and the
its evidence must still be finished on the dates order of arraignment.
previously agreed upon. A motion for postponement 13. Plea bargaining except in drug cases shall
shall at all times be paid with the Office of the Clerk of immediately proceed, provided the private offended
Court. The Branch COC shall not accept the motion part in private crimes, or the arresting officer in
unless accompanied by the original receipt. victimless crimes, is present to give his/her consent
7. If a party fails to qualify for PAO services, the IBP with the conformity of the public prosecutor.
shall provide free legal assistance to the party. The IBP Thereafter, judgment shall immediately be rendered in
shall submit the list of lawyers to the Executive Judge the same proceedings.
for possible appointment as counsel de officio in such 14. If the accused pleads guilty to the crime charged in
cases. the information, judgment shall be immediately

RPC. the testimonies of the witnesses shall be the duly k. RPC. Libel under R. If no plea bargaining or plea of guilty. except in those cases involving capital and insulting nature under Art.of serious shall be in the form of judicial affidavits. RPC. enforcement officers or the affidavits or counter- l. RPC.of a serious nature under 15. 10175 (Cybercrime Prevention Act depending on the number of witnesses to be of 2012) where the liability may be civil in nature. including decision. It shall be heard and thirty (30) days and the decision shall be rendered resolved within a non-extendible period of thirty (30) within sixty (60) days from the last day to file days from the date of the first hearing. Simple Slander by Deed. RPC. testimonies marked. Courts must statements submitted to the law enforcement officers strictly comply with the rules. they were notified and the counsel enforcement officers or the affidavits or counter- for the accused and the public prosecutor are present. The schedule of the trial dates. RPC. custodians.A. trial shall be finished not later than sixty conference. Estafa under Art. B. who will testify on the authenticity. The accused need not present evidence to rebut the prosecution’s evidence. par. Pre-trial shall proceed even in the absence of subscribed written statements given to law parties provided. Other deceits under Art. The trial served upon the parties and counsel on the same day prosecutor may opt to dispense with the sworn after the termination of the pre-trial. RPC. 316. only after the arraignment and the pre-trial/preliminary For drug cases. immediately proceed with the arraignment and the p. shall be continuous and q. in all criminal cases.P Blg 22. Art 355.12 and instead prepare judicial affidavits or modify or 17. Other forms of swindling under Art. 364. The trial dates may be shortened s. The referral of the case for mediation shall be made decision for regular rules. from arraignment and pre- trial. Swindling of a minor under Art. medico-legal d. except in drug memoranda. 2. Libel by means of writings or similar means under the accused can be established through documents. RPC. SSS Law13. 21. Prohibited publication of acts referred to in course affidavits submitted before the investigating of official proceedings under Art. Trial liability may be civil in nature. and if such are not available. 359. n. of Tax Appeals. and on the merits shall be conducted for a period of six (6) u. 1. RPC. it shall be set for trial within thirty (30) days.not of a serious nature pre-trial. RPC. 315(1). 358. Trial on the merits shall be conducted for a period ten (10) calendar days from date of submission of the of sixty (60) days then filing of memoranda is within motion. expert witnesses and other Art. Simple Slander ( Oral Defamation). For environmental cases. 363. Grave Slander by Deed. Threatening to publish and offer to present such subscribed written statements given to law publication for a compensation under Art. Theft under Art. those covered by the Rule on Summary Procedure .not of a serious . within ninety (90) days from submission of the case for 18. estafa i. o. for both the under Art. and insulting nature under Art. within the periods provided in the Regular r. 318. 358. malversation. 356. a. and in criminal cases that are transactional h. 357. Intellectual property rights cases where the liability months only and promulgation of judgment is set may be civil in nature. thirty (30) days and the judgment shall be rendered within ninety (90) days from submission of case for 20. 19. it shall be set for hearing within thirty (30) days. the court shall Art. similar witnesses. auditors. prosecution and the accused. Criminal negligence under Title 14. Disposition period shall be within ten (10) cases which shall be heard and resolved within twenty months from date of arraignment. e. 308. RPC. RPC. prosecutor. 359. due execution and the contents of public documents g. where the trial. be rendered within fifteen (15) days from submission of Except those case mentioned above. 327. or other crimes where the culpability or innocence of j. For Second Level Courts. in character. under the Rule on Summary Procedure shall not be referred to mediation. presented. it shall be set for hearing within thirty (30) bail shall be resolved within a non-extendible period of days. 317. officers. par. 1. except estafa under engineers. Decision shall a non-extendible period of thirty (30) calendar days. punishment. Grave Slander (Grave Oral Defamation). From the time of the arraignment and pre. Incriminating innocent person under Art. Sandiganbayan and Court b. (20) calendar days. RPC. testimonies m. Malicious Mischief under Art. the testimonies of witnesses shall consist of the duly 16. investigators. such as falsification.rendered. RPC. Motion For intellectual property right cases. Pag-Ibig Law. Petition for bail filed after the filing of the Trial on the merits shall be conducted for a period of information shall be set for summary hearing after three (3) months then filing of memoranda is within arraignment and pre-trial. Rules/Special Rules. f. t. criminal cases case for decision. The mediation shall be terminated within (60) days from filing of the information. Intriguing against honour under Art. The following shall be referred to mediation: revise the said sworn statements. For First Level Courts. and reports. from arraignment for reconsideration on the resolution of petition for and pre-trial. where the demeanor of the witnesses c. like the forensic chemist. affidavits submitted before the investigating The documentary evidence for both parties shall be prosecutor and if such are not available. RPC. par. RPC. accountants.14 is not essential. 315 (2) and (3). The pre-trial order shall immediately be shall be in the form of judicial affidavits.

OCA Circular No. accountants. the date engineers. ↑ Rule on the application for examination of the part of the court which in no case shall exceed witness for accused before trial and on the twenty-five (25) pages in length. 7. 25. desire to move for leave of court to file demurrer to including failure to observe the timelines and deadlines evidence or to proceed in presenting his/her evidence. MORE POWER AND GOD BLESS THE ENTIRE same. Rule 112 filing of the comment or lapse of the ten (10)-day 5. Rules of on the day his/her last witness is presented. 27. During the pre-trial/preliminary conference. to present evidence shall be cancelled. in the order submitting the case for decision. and afternoon and shall orally offer and rest his/her 11. 7-A. on legal conditional examination of witness for the size paper. 76-2007. auditors.A. ↑ Administrative Circular No. ↑ Sec. Non-compliance with the Revised Guidelines. 7. This is without prejudice for a shorter period. ↑ SC Admin. All courts covered by the Revised Guidelines shall prosecution or for the defence. who will testify on the authenticity. the latter shall direct the court shall require the parties to stipulate on the stenographers concerned to submit the complete testimonies of witnesses who have no personal transcripts within the period of thirty (30) calendar knowledge of the material facts constituting the days from date of his/her assumption to office. 29. promulgation of the decision. one day apart. agreed upon. Rule 116. ↑ Sec. The submission of memoranda is discretionary on 15. ↑ R. the write the decision. If the motion for leave of court to file demurrer to 7. the court shall JUDICIARY!!! issue an order for the accused to present and Endnotes terminate his/her evidence on the dates previously 1. 28. The demurrer 2. Rule 111. the previously scheduled dates for the accused Commercial Courts. A motion for reconsideration of judgment of 23. Rule 15 of the Rules of Court. crimes. ↑ Admin. 3.A. ↑ R. If the motion for leave is denied. ↑ . expert witnesses and other of the promulgation of its decision which shall not be similar witnesses. period to comment. except when the case is and reports. custodians. 89-2004. The court shall encourage the accused and the conviction or motion for new trial under Rule 121 filed prosecution to avail of Secs. Rule 112. the accused shall likewise present and 9. case on the day his/her last witness is presented. ↑ . terminate his/her evidence. Sec. If accused Procedure for Intellectual Property Rights Cases. witness has to be fully examined in one (1) day.92. in the absence of comment. The court shall inquire from the accused his/her 34. the comment/objection 32. The court shall ensure accomplish and submit a periodic report of data in a that the offered evidence are submitted to court on form to be generated and distributed by the the same day it is offered. 03-1.09-SC. The court shall strictly adhere to the rule that a 13. 3-99. 31. using size 14 font. Circular No. and those who covered by special Rules and other laws which provide will testify on the civil liability. medico-legal 30. such as. corroborative witnesses. morning 10. 9. No. and the court ruling thereto shall be made the semestral report16 shall not suspend court orally in open court on the same day after the hearings. 11. herein provided. the court shall orally resolve the 35. 8282. Rule 116. and the demurrer to evidence is 8. ↑ R. 14. If the case was heard completely by another judge. ↑ Sec. Rule 117. not the judge tasked to . evidence is granted. is a ground for disciplinary action. 26. shall be resolved by the court within a non-extendible 3. The offer of evidence. Cybercrime Prevention Act of 2012. Rule 110. No. from promulgation shall be resolved within a non- 24. 8. Sec. single-spaced. AM.22. and to orally offer and rest his/her case Rules of Procedure for Environmental Cases. Circular No. presentation of the last witness either for the 33. more than ninety (90) calendar days from the date the due execution and the contents of public documents case is submitted for decision. 5. No. and shall not suspend the running of the period of 16. ↑ Sec.A. and insists on filing the demurrer to evidence without Criminal Cases cognizable by the Family Courts and leave. 12. 6. 12 and 13 and 15. investigators. forensic chemists. Rule 119 within the reglementary period of fifteen (15) days of the Rules of Court15. The physical inventory of cases and preparation of thereto. No. period of thirty (30) calendar days from the date of the 4. In the absence of the counsel de parte. Committee. denied. Its filing is non-extendible prosecution. ↑ .A. to additional direct and cross examination questions. If the accused orally moves for leave of court to file a demurrer to evidence. 9679. ↑ Sec. ↑ Sec. 9165. The judge shall announce in open court and include officers. 1161 as amended by R. the hearing extendible period of ten (10) calendar days from the shall proceed upon appointment by the court of a submission of the comment of the prosecution or even counsel de officio. 6. Judges who conducted the trial and heard the testimonies of witnesses shall submit the case for decision even if the transcript of stenographic notes are incomplete or missing.