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What is the Judicial Affidavit Rule?

The Judicial Affidavit Rule (A.M. No. 12-8-8-SC), promulgated on September 4, 2012 and made effective on January 1, 2013, is a
procedural innovation which has the ultimate aim of decongesting court dockets by replacing the direct testimony of parties and
witnesses in court with sworn affidavits submitted to the court and furnished to the opposing party not later than 5 days before the pre-
trial, preliminary conference, or the scheduled hearing with respect to motions and incidents.
The JA is not a pleading nor is it a motion.
NOTE: The JA of the main parties are not being marked as exhibits. However, JAs of other witnesses may be marked as exhibits (this
is more for convenience, though not in the Rules – may be subject to further clarifications by the SC).
How will this decongest the court dockets?
According to a study recognized by the Supreme Court, direct testimonies in court take a large chunk of court proceedings. Based on
pilot testing done in Quezon City courts, replacing direct testimony with judicial affidavit will reduce about two-thirds of the time spent in
adjudicating cases. This speeds up the disposition of cases in court.
What’s wrong with the direct testimony?
Justice Abad says that the direct testimony is the bottleneck (chokepoint) of the system.
Court can only hear one witness at a time (piecemeal trial). A witness’s presentation of his testimony takes a while. Witnesses often
state their testimonies in the vernacular which means the same has to be translated to English as required by existing rules (double
testimony).
Add to this are the objections, especially unnecessary ones, being raised by the adverse party during the direct testimony which can be
dispensed with by the implementation of the JAR.
Functions of the Judicial Affidavit

1. Take the place of direct testimonies


2. Identify and authenticate documentary or object evidence in the case

Scope of the rule


As to kinds of cases:
All actions, proceedings, and incidents requiring the reception of evidence. Except: small claims cases falling under A.M. 08-8-7-SC.
For criminal cases:
1. Those which the maximum penalty imposable does not exceed 6 years;
2. To their civil aspect, regardless of penalty imposed;
3. In any case where the accused agrees to the use of the rule.
As to courts:

1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts.
2. Shari’a Circuit Courts, Shari’a District Courts and the Shari’a Appellate Courts.
3. Regional Trial Courts.
4. Sandiganbayan.
5. Court of Tax Appeals.
6. Court of Appeals.
7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the Philippine
(IBP).
8. Special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their
existing rules of procedure contravene the provisions of the Judicial Affidavit Rule.

Service and filing


Period to file:
Not later than five (5) days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents.
According to some legal pundits, this effectively amends the existing rules. Under existing rules, the pre-trial brief (PTB) must be
submitted not later than 3 days before the pre-trial. But since the general practice was to attach the JA to the PTB, then that also means
that the PTB must be filed with the court in the same period as the JA.
Second view: Nowhere in the JAR does it say that the JA must be attached to the PTB. So no amendment.
Modes of filing and service to other party:

1. Personal service;
2. Licensed courier service
NOTE: No mention of “service by registered mail”. Also, “licensed courier service” not well defined by the Rules.
Formalities:
Written in the language known to the witness. If not in English or Filipino, a translation must be attached.
Contents of the Judicial Affidavit in general:

1. Personal circumstance of the witness;


2. Identity of the lawyer who conducted or supervised the examination of the witness including the lawyer’s address;
3. The place where the examination was held;
4. A statement that the witness answered the questions under oath and that the witness is aware that he may face criminal liability for
false testimony or perjury;
5. Signature of the witness over his printed name;
6. 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.
7. Attestation by the examining/supervising lawyer.

Contents of the Judicial Affidavit proper:

1. Numbered questions and answers, showing personal knowledge of the facts that the witness is testifying on;
2. Questions and answers that elicit facts relevant to the issues;
3. Questions and answers that identify the attached documentary and object evidence and establish their authenticity in accordance with
the Rules of Court.

Contents of the Attestation by the Examining/Supervising lawyer:

1. That he faithfully recorded or caused the recording of the questions he asked and the corresponding answers that the witness gave;
2. Neither he nor any person then present coached the witness regarding his answers;
3. 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.

NOTE: A false attestation will subject the erring lawyer to disciplinary actions or even disbarment.
Resort to Subpoena ad testificandum
A party may ask the court to issue a subpoena ad testificandum against an uncooperative witness. An uncooperative witness is one
who unjustifiably refuses to execute a JA or refuses without just cause to make relevant books, documents, or other things under his
control available for copying, authentication, and eventual production in court.
Except: No JA may be required against the adverse party or a hostile witness who refuse to execute a JA for the other party. This is
because JA is not required in this case since they can be queried with leading questions as in cross. In this instance, follow rules of
discovery on taking witness’s deposition, but this is ex-parte.
Remedies if inadmissible evidence is introduced through the JA by one party
The other party may:

1. Move to disqualify the witness;


2. Move to strike out the said witness’s judicial affidavit;
3. Move to strike out the particular portion/ answer of the JA.

In number 3, if granted by the court, the excluded portion shall be enclosed in brackets with the initials of an authorized court personnel.
Example:
Question 21: Do you know who stole the wallet of Petra Saavedra?
Answer 21: Yes.
Question 22: Who?
Answer 22: Pedro Penduko sir.
[Question 23: How did you know?
Answer 23: Because Anna Montana told me sir.] HYC
Question 24: And who is this Anna Montana?
Answer 24: My girlfriend sir.
Remedy of a party whose JA or a portion thereof or an evidence introduced therein is excluded
Tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.
Offer of Testimony
Rule: Counsel shall state the purpose of the JA at the start of the presentation of the witness. It does not say that the such purpose
must be stated in the JA itself.
In actual practice and for convenience, the purpose of the JA as well as the purpose/s of the evidence introduced therein are stated in
the JA itself.
Offer of Evidence (Documentary and Object)
After presenting the last witness (on either side), counsel must ORALLY offer evidence. In practice though, judges, on discretion, may
still allow a written offer of evidence.
After terminating the testimony of his last witness, counsel makes the oral offer of evidence through the following:
1. Make an oral offer of evidence;
2. Piece by piece, in their chronological order stating the purpose/s for which he offers the particular exhibit;
3. Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that
such exhibits are simply cited by their markings during the offer – dispensing with the description of each exhibit.
Objections to Evidence (Documentary and Object)
After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection to it, if any. The piece of evidence in
point may be referred to by its marking.
The court shall then immediately make its ruling respecting that exhibit. In ruling, the court may also refer to that particular evidence by
its marking.
Application to criminal cases
This rule is applicable to criminal cases in the following respect:
1. Those which the maximum penalty imposable does not exceed 6 years;
2. To their civil aspect, regardless of penalty imposed;
3. In any case where the accused agrees to the use of the rule.
NOTE: The application of the JAR is suspended as far as criminal cases is concerned due to lack of manpower in the prosecution
service. Initially, the suspension was only until December 31, 2013 but on December 10, 2013, the Supreme Court resolved to extend
the suspension until December 31, 2014. This resolution was made public on January 2, 2014.
Rule in criminal cases is different:

1. The prosecution shall submit the JA of his witnesses not later than five (5) days before the pre-trial – the accused shall likewise be
furnished a copy within the same period;
2. Once the JA is received, no further JA or evidence (object or documentary) may be admitted at the trial;
3. On the part of the accused, it is optional for him to submit a JA. If he chooses to submit a JA, then he has 10 (ten) days from receipt of
the prosecution’s JA/s within which to submit his own JA – copies to be furnished by the accused to the prosecutors (private and
public). This is in keeping with the accused’s right to remain silent. Also, if the prosecution evidence is weak, then there’s no need for
him to present his evidence via the JA.

NOTE: The filing and service of JA in all cases except criminal cases is more or less simultaneous considering the period of filing and
service. In criminal cases, the prosecution has to file and serve its JA/s before the accused does, if the latter chooses to.
Effect of Failure to Submit a Judicial Affidavit
The defaulting party is deemed to have waived his right to make a submission;
Exception:
He may be given one last chance to submit his JA if:
1. If the delay or non-submission is due to valid reasons;
2. The granting of the second chance will not unduly prejudice the opposing party;
3. The defaulting party pays a fine ranging from P1,000.00 to P5,000.00 at the discretion of the court.
Effect of submitting non-compliant Judicial Affidavits
NOTE: A judicial affidavit is non-compliant if it does not conform to the content requirements provided for by the Judicial Affidavit Rule.
They are inadmissible.
Except:
The party may rectify this error by submitting a compliant Judicial Affidavit before the hearing or trial, provided:
1. The error was due to a valid reason;
2. The granting of the chance to submit a compliant JA would not unduly prejudice the opposing party;
3. The erring prosecutor (private or public) shall pay a fine ranging from P1,000.00 to P5,000.00 at the discretion of the court.
Effect of the absence of the witness at the scheduled hearing
Court shall not consider the affidavit of the absent witness because of the hearsay rule.
Except: If absence is due to valid cause/s.
Effect of the absence of the counsel at the scheduled hearing
Right to cross-examine is deemed waived.
Except: If absence is due to valid cause/s.
Applicability to pending cases
Rule: The JAR is applicable to pending cases.
If the case has already undergone pre-trial, the JAR is still applicable to the remaining testimonies. Such remaining testimonies shall be
heard via judicial affidavits.

Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P Blg. 129) and to achieve an expeditious and inexpensive determination of
the cases referred to herein, the Court Resolved to promulgate the following Revised Rule on Summary Procedure:chanroblesvirtuallawlibrary

I.
Applicability
Section 1. Scope. — This rule shall govern the summary procedure in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:chanroblesvirtuallawlibrary

A. Civil Cases:chanroblesvirtuallawlibrary

(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where
attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed ten thousand pesos
(P10,000.00), exclusive of interest and costs.chanrobles virtual law library chanrobles virtual law library

B. Criminal Cases:chanroblesvirtuallawlibrary

(1) Violations of traffic laws, rules and regulations; chanrobles virtual law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law library
(4) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom:
Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine
does not exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the same complaint with another cause of action subject to
the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary
procedure.chanrobles virtual law library chanrobles virtual law library
Sec. 2. Determination of applicability. — Upon the filing of a civil or criminal action, the court shall issue an order declaring whether or not the case
shall be governed by this Rule A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for
disciplinary action.chanrobles virtual law library chanrobles virtual law library
II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the complaints, compulsory counterclaims and cross-claims' pleaded in the
answer, and the answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines that the case falls under summary procedure, it may, from an examination of the allegations
therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a
civil action. If no ground for dismissal is found it shall forthwith issue summons which shall state that the summary procedure under this Rule shall
apply. d-c chanrobles virtual law library
Sec. 5. Answer. — Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on
the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter.
Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. 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.chanrobles virtual law library chanrobles virtual
law library
Sec. 6. Effect of failure to answer. — Should the defendant fail to answer the complaint within the period above provided, the court, motu
proprio, or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is
prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable. This is without prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or
more defendants.
Sec. 7. Preliminary conference; appearance of parties. — Not later than thirty (30) days after the last answer is filed, a preliminary conference
shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this
Rule.chanrobles virtual law library chanrobles virtual law library
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in
the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be
dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section 6 hereof. This Rule shall not apply
where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary
conference.
Sec. 8. Record of preliminary conference. — Within five (5) days after the termination of the preliminary conference, the court shall issue an order
stating the matters taken up therein, including but not limited to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need
of further proceedings, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;
(d) A clear specification of material facts which remain controverted; and chanrobles virtual law library
(e) Such other matters intended to expedite the disposition of the case.chanrobles virtual law library chanrobles virtual law library
Sec. 9. Submission of affidavits and position papers. — Within ten (10) days from receipt of the order mentioned in the next preceding section, the
parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position
papers setting forth the law and the facts relied upon by them.chanrobles virtual law librarychanrobles virtual law library
Sec. 10. Rendition of judgment. — Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for
filing the same, the court shall render judgment.
However should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to
be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order.
Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the
same.
The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases falling within the scope of this Rule shall be either by complaint or by information:
Provided, however, that in Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by information, except when the
offense cannot be prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be accompanied by the affidavits of the compliant and of his witnesses in such number of copies as there are
accused plus two (2) copies for the court's files.If this requirement is not complied with within five (5) days from date of filing, the care may be
dismissed.chanrobles virtual law library chanrobles virtual law library
Sec. 12. Duty of court. — chanrobles virtual law library
(a) If commenced by compliant. — On the basis of the compliant and the affidavits and other evidence accompanying the same, the court may
dismiss the case outright for being patently without basis or merit and order the release of the amused if in custody.
(b) If commenced by information. — When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph,
the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the
accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the
complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days
after receipt of the counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration of the complaint or information and the affidavits submitted by both
parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for
arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be
sentenced.chanrobles virtual law library chanrobles virtual law library
Sec. 14. Preliminary conference. — Before conducting the trial, the court shall call the parties to a preliminary conference during which a
stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or
such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case.However, no admission by the accused shall
be used against him unless reduced to writing and signed by the accused and his counsel.A refusal or failure to stipulate shall not prejudice the
accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who
executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to
testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same
for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was previously submitted to the court in accordance with
Section 12 hereof.chanrobles virtual law library chanrobles virtual law library
However, should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence, he shall so manifest during the
preliminary conference, stating the purpose thereof. If allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of
the defense shall be submitted to the court and served on the adverse party not later than three (3) days after the termination of the preliminary
conference. If the additional affidavits are presented by the prosecution, the accused may file his counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the arrest of the accused except for failure to appear whenever required. Release of the
person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after the
termination of trial.chanrobles virtual law library chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such requirement, shall be dismissed without prejudice and may be revived only after such requirement
shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant.chanrobles
virtual law library chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or petitions shall not be allowed in the cases covered by this
Rule: chanrobles virtual law library
(a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter,
or failure to comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default; chanrobles virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants
which are admissible in evidence, and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the
inadmissible affidavit or portion thereof from the record.chanrobles virtual law library chanrobles virtual law library
Sec. 21. Appeal. — The judgment or final order shall be appealable to the appropriate regional trial court which shall decide the same in
accordance with Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by this Rule, including
forcible entry and unlawful detainer, shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Section
10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. — The regular procedure prescribed in the Rules of Court shall apply to the special cases herein provided
for in a suppletory capacity insofar as they are not inconsistent herewith. chanrobles virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on November 15, 1991.chanrobles virtual law li

RIGHT TO SPEEDY, PUBLIC AND IMPARTIAL TRIAL


HOW SHOULD THE TRIAL BE CONDUCTED?
> The trial should be speedy, public and impartial

WHAT IS THE MEANING OF THE RIGHT TO SPEEDY TRIAL?

> The right means that the trial should be conducted according to the law of criminal procedure and the rules and regulations and
it should be free from vexatious, capricious and oppressive delays

WHEN SHOULD THE ARRAIGNMENT AND PRE-TRIAL BE HELD?

> According to the Speedy Trial Act of 1988, and Circular 38-98, if the accused pleads not guilty, arraignment and pre-trial should be
held within 30 days from the time the court acquires jurisdiction
over the accused

WITHIN HOW MANY DAYS SHOULD THE TRIAL BE COMPLETED?

> In no case shall the entire period exceed 180 days from the first day of trial, except as otherwise authorized by the Court
Administrator

WHAT FACTORS MAY BE CONSIDERED IN DETERMINING WHETHER


THE ACCUSED HAS BEEN DEPRIVED OF HIS RIGHT TO SPEEDY TRIAL AND SPEEDY DISPOSITION OF HIS
CASE? (ACCORDING TO CORPUZ V. SANDIGANBAYAN)
1. Length of delay
2. Reason for the delay
3. The defendant’s assertion of his right
4. Prejudice to the defendant

WHAT ARE THE REMEDIES AVAILABLE TO THE ACCUSED WHOSE RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED?

1. Motion to dismiss on the ground of violation of right to speedy trial—


must be filed before trial. This has the same effect as an acquittal for purposes of double jeopardy.
2. File for mandamus to compel a dismissal of the information
3. If he is restrained of his liberty, file for habeas corpus
4. Ask for the trial of the case and move to dismiss

WHAT IS THE LIMITATION ON THE RIGHT OF THE ACCUSED TO A SPEEDY TRIAL?

> The limitation is that the State shouldn't be deprived of its day in court
> The right of the State and the prosecution to due process should be respected

THE PROSECUTION AND THE COMPLAINANT FAIL TO ATTEND THE


FIRST HEARING. THE COURT POSTPONES THE HEARING TO ANOTHER DATE. IS THERE A VIOLATION TO THE RIGHT
TO SPEEDY TRIAL?

> No, the right to speedy trial is violated when there are unjustified postponements of the trial and a long period of time is allowed to
elapse without the case being tried for no unjustifiable reason

NOTA BENE: Corollary to the right to speedy trial is the right to speedy disposition of cases.

WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC TRIAL?


> It means that anyone interested in observing the manner that a judge conducts the proceedings in his courtroom may do so

WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC?

> The trial should be public in order to prevent abuses that may be committed by the court to the prejudice of the defendant
> Moreover the accused is entitled to the moral support of his friends and relatives
IS THERE AN EXCEPTION TO THE REQUIREMENT OF PUBLICITY?
> Yes, the court may bar the public in certain cases, such as when the evidence to be presented may be offensive to decency or
public morals, or in rape cases, where the purpose of some
persons in attending is merely to ogle at the parties

IS IT ALRIGHT TO HOLD THE TRIAL IN THE CHAMBERS OF THE JUDGE?


> Yes, there is no violation of the right to a public trial since the public isn’t excluded from attending the trial

IN SO-CALLED TRIALS BY PUBLICITY, WHEN CAN THE PUBLICITY BE CONSIDERED PREJUDICIAL TO THE ACCUSED?

> To warrant a finding of prejudicial publicity, there must be allegations and proof that the judges have been unduly
influenced, not simply that they might be by the barrage of
publicity

Continuous Trial System


Sec. 2. Continuous trial until terminated; postponements. – Trial once commenced shall continue from day to day as far as practicable
until terminated. It may be postponed for a reasonable
period of time for good cause.

The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail on a weekly or other short-
term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty
(180) days from the first day of trial, except as otherwise authorized by the Supreme Court.

The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court
provide for a shorter period of trial.

WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY TRIAL?


> Continuous trial system—a tool for the early and expeditious disposition of a case

WHAT IS THE CONTINUOUS TRIAL SYSTEM?


> Trial once commenced shall continue from day to day as far as practicable until terminated.
> It may be postponed for a reasonable period of time for good cause.
> The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail on a weekly or other short-
term trial calendar at the earliest possible time so as to ensure speedy trial.
> In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the
Supreme Court.

HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM?


> There must be a time limit within which the case should be terminated

WHAT ARE THE DUTIES OF THE PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM?
1. Adhere faithfully to the session hours prescribed by laws
2. Maintain full control of the proceedings

3. Efficiently allocate and use time and court resources to avoid court delays

IS THE TIME LIMIT ABSOLUTE?


> No

IN WHICH CASES IS THE TIME LIMITATION NOT APPLICABLE?


1. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY PROCEDURE OR THOSE WHERE THE PENALTY DOESN’T
EXCEED 6 MONTHS IMPRISONMENT OR A FINE OF P1000: governed by the
rules on summary procedure
2. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO DEFINITE DATE OF RETURN—
trial shall commence within 3 days from the date of arraignment, and cannot be postponed except on
grounds over which the accused has no control

3. CHILD ABUSE CASES—trial shall commence within 3 days from arraignment and cannot be postponed except on grounds of illness of
the accused or other grounds beyond his control
4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial shall be finished within 3 months from the filing of the information

5. KIDNAPPING, ROBBERY IN A BAND, ROBBERY AGAINST A


BANKING OR FINANCIAL INSTITUTION, VIOLATION OF THE CARNAPPING ACT, AND OTHER HEINOUS CRIMES—
trial shall be finished within 60 days from the first day of trial