Revised Rules on Summary Procedure Sec. 20. Affidavits.

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,
Sec. 14. Preliminary conference. — Before conducting the trial, the court shall call the and shall show their competence to testify to the matters stated therein.
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 A violation of this requirement may subject the party or the counsel who submits the same
considered, or such other matters may be taken up to clarify the issues and to ensure a to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion
speedy disposition of the case. However, no admission by the accused shall be used against thereof from the record.
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. 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.

Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or
petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the complaint or to quash the complaint or information except on
the ground of lack of jurisdiction over the subject matter, or failure to comply with the
preceding section;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third party complaints;

(l) Interventions.
A.M. No. 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. To abbreviate court proceedings,
ensure prompt disposition of cases and decongest court dockets, and to further implement
the pre-trial guidelines laid down in Administrative Circular No. 3-99 dated January 15, 1999
and except as otherwise specifically provided for in other special rules, the following
guidelines are issued for the observance and guidance of trial judges and clerks of court:
I. PRE-TRIAL
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to
submit the record of the preliminary investigation to the Branch COC for the latter to attach
the same to the record of the criminal case. Where the accused is under preventive
detention, his case shall be raffled and its records transmitted to the judge to whom the
case was raffled within three days from the filing of the complaint or information. The
accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his
case shall be held within ten days after arraignment unless a shorter period is provided for
by law.
2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty
days from the date of arraignment, and issue an order: (a) requiring the private offended
party to appear thereat for purposes of plea-bargaining except for violations of the
Comprehensive Dangerous Drugs Act of 2002, and for other matters requiring his presence;
12 (b) referring the case to the Branch COC, if warranted, for a preliminary conference to
be set at least three days prior to the pre-trial to mark the documents or exhibits to be
presented by the parties and copies thereof to be attached to the records after comparison
and to consider other matters as may aid in its prompt disposition; and (c) informing the
parties that no evidence shall be allowed to be presented and offered during the trial other
than those identified and marked during the pre-trial except when allowed by the court for
good cause shown. A copy of the order is hereto attached as Annex "E". In mediatable cases,
the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation
if available.
3. During the preliminary conference, the Branch COC shall assist the parties in reaching a
settlement of the civil aspect of the case, mark the documents to be presented as exhibits
and copies thereof attached to the records after comparison, ascertain from the parties the
undisputed facts and admissions on the genuineness and due execution of documents
marked as exhibits and consider such other matters as may aid in the prompt disposition of
the case. The proceedings during the preliminary conference shall be recorded in the
Minutes of Preliminary Conference to be signed by both parties and counsel.
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch
COC to the case record before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the information,
the statements in the affidavits of witnesses and other documentary evidence which form
part of the record of the preliminary investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of
2002, the trial judge shall consider plea-bargaining arrangements. Where the prosecution
and the offended party agree to the plea offered by the accused, the court shall:
a. Issue an order which contains the plea-bargaining arrived at;
b. Proceed to receive evidence on the civil aspect of the case; and
c. Render and promulgate judgment of conviction, including the civil liability or
damages duly established by the evidence.
6. When plea bargaining fails, the Court shall:
a. Adopt the minutes of preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents and list object
and testimonial evidence;
b. Scrutinize every allegation of the information and the statements in the
affidavits and other documents which form part of the record of the preliminary
investigation and other documents identified and marked as exhibits in
determining further admissions of facts, documents and in particular as to the
following:
1. the identity of the accused;
2. court's territorial jurisdiction relative to the offense/s charged;
3. qualification of expert witness/es;
4. amount of damages;
5. genuineness and due execution of documents;
 6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary

investigation;

8. disclosure of defenses of alibi, insanity, self-defense, exercise of public

authority and justifying or exempting circumstances; and

9. such other matters that would limit the facts in issue. c. Define factual
and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different
stages of the proceeding up to promulgation of decision and use the time frame
for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses and
contact numbers of witnesses that need to be summoned by subpoena; and

f. Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense

7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein
and all questions must be directed to him to avoid hostilities between parties.

8. All agreements or admissions made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel, otherwise, they cannot be used
against the accused. The agreements covering the matters referred to in Section 1 of Rule
118 shall be approved by the court. (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the
minutes signed by the parties and/or their counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of
the pre-trial setting forth the actions taken during the pre-trial conference, the facts
stipulated, the admissions made, evidence marked, the number of witnesses to be
presented and the schedule of trial. Said Order shall bind the parties, limit the trial to
matters not disposed of and control the course of the action during the trial
Republic Act No. 8493 February 12, 1998
AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE
SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL
TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."
Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and
the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial
conference to consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial.
Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into
during the pre-trial conference shall be reduced to writing and signed by the accused and
counsel, otherwise the same shall not be used in evidence against the accused. The
agreements in relation to matters referred to in Section 2 hereof is subject to the approval
of the court: Provided, That the agreement on the plea of the accused to a lesser offense
may only be revised, modified, or annulled by the court when the same is contrary to law,
public morals, or public policy.
Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable
excuse for his/her lack of cooperation, the pre-trial justice or judge may impose proper
sanctions or penalties.
Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind
the parties, limit the trial to matters not disposed of and control the course of action during
the trial, unless modified by the court to prevent manifest injustice.
Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime,
except those subject to the Rules on Summary Procedure, or where the penalty prescribed
by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos
(P1,000.00) or both, irrespective of other imposable penalties, the justice or judge shall,
after consultation with the public prosecutor and the counsel for the accused, set the case
for continuous trial on a weekly or other short-term trial calendar at the earliest possible
time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred
eighty (180) days from the first day of trial, except as otherwise authorized by the Chief
Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.
Section 7. Time Limit Between Filing of Information and Arraignment and Between
Arraignment and Trial. - The arraignment of an accused shall be held within thirty (30) days
from the filing of the information, or from the date the accused has appeared before the
justice, judge or court in which the charge is pending, whichever date last occurs.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15)
days to prepare for trial. Trial shall commence within thirty (30) days from arraignment as
fixed by the court.
If the accused pleads not guilty to the crime charged, he/she shall state whether he/she
interposes a negative or affirmative defense. A negative defense shall require the
prosecution to prove the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove such
defense by clear and convincing evidence.
Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again
following an order of a court for a new trial, the trial shall commence within thirty (30) days
from the date the order for a new trial becomes final, except that the court retrying the
case may extend such period but in any case shall not exceed one hundred eighty (180)
days from the date the order for a new trial becomes final if unavailability of witnesses or
other factors resulting from passage of time shall make trial within thirty (30) days
impractical.
Section 9. Extended Time Limit. - Notwithstanding the provisions of Section 7 of this Act,
for the first twelve-calendar-month period following its effectivity, the time limit with
respect to the period from arraignment to trial imposed by Section 7 of this Act shall be one
hundred eighty (180) days. For the second twelve-month period the time limit shall be one
hundred twenty (120) days, and for the third twelve-month period the time limit with
respect to the period from arraignment to trial shall be eighty (80) days.
Section 10. Exclusions. - The following periods of delay shall be excluded in computing the
time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused,
including but not limited to the following:
(1) delay resulting from an examination of the accused, and hearing on
his/her mental competency, or physical incapacity;
(2) delay resulting from trials with respect to charges against the accused;
(3) delay resulting from interlocutory appeals;
(4) delay resulting from hearings on pre-trial motions: Provided, That the
delay does not exceed thirty (30) days,
(5) delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
(6) delay resulting from a finding of the existence of a valid prejudicial
question; and
(7) delay reasonably attributable to any period, not to exceed thirty (30)
days, during which any proceeding concerning the accused is actually
under advisement.
(b) Any period of delay resulting from the absence or unavailability of the accused
or an essential witness.
For purposes of this subparagraph, an accused or an essential witness shall be
considered absent when his/her whereabouts are unknown and, in addition,
he/she is attempting to avoid apprehension or prosecution or his/her
whereabouts cannot be determined by due diligence. An accused or an essential
witness shall be considered unavailable whenever his/her whereabouts are known
but his/her presence for trial cannot be obtained by due diligence or he/she resists
appearing at or being returned for trial.
(c) Any period of delay resulting from the fact that the accused is mentally
incompetent or physically unable to stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter
a charge is filed against the accused for the same offense, or any offense required
to be joined with that offense, any period of delay from the date the charge was
dismissed to the date the time limitation would commence to run as to the
subsequent charge had there been no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a co-
accused over whom the court has not acquired jurisdiction, or as to whom the time
for trial has not run and no motion for severance has been granted.
(f) Any period of delay resulting from a continuance granted by any justice or judge
motu propio or on motion of the accused or his/her counsel or at the request of
the public prosecutor, if the justice or judge granted such continuance on the basis
of his/her findings that the ends of justice served by taking such action outweigh
the best interest of the public and the defendant in a speedy trial. No such period
of delay resulting from a continuance granted by the court in accordance with this
subparagraph shall be excludable under this section unless the court sets forth, in
the record of the case, either orally or in writing, its reasons for finding that the
ends of justice served by the granting of such continuance outweigh the best
interests of the public and the accused in a speedy trial.
Section 11. Factors for Granting Continuance. - The factors, among others, which a justice
or judge shall consider in determining whether to grant a continuance under subparagraph
(f) of Section 10 of this Act are as follows:
(a) Whether the failure to grant such a continuance in the proceeding would be
likely to make a continuation of such proceeding impossible, or result in a
miscarriage of justice.
(b) Whether the case taken as a whole is so novel, so unusual and so complex, due
to the number of accused or the nature of the prosecution or otherwise, that it is
unreasonable to expect adequate preparation within the periods of time
established by this Act.
No continuance under subparagraph (f) of Section 10 shall be granted because of general
congestion of the court's calendar, or lack of diligent preparation or failure to obtain
available witnesses on the part of the public prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney
knows that a person charged of a crime is preventively detained, either because he/she is
charged of a bailable crime and has no means to post bail, or is charged of a non-bailable
crime, or is serving a term of imprisonment in any penal institution, the public attorney shall
promptly:
(a) Undertake to obtain the presence of the prisoner for trial, or cause a notice to
be served on the person having custody of the prisoner mandating such person to
so advise the prisoner of his/her right to demand trial.
(b) Upon receipt of a notice, the person having custody of the prisoner shall
promptly advise the prisoner of the charge and of his/her right to demand trial. If
at any time thereafter the prisoner informs the person having custody that he/she
demands trial, such person shall cause notice to that effect to be sent promptly to
the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain
the presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the public
attorney a properly supported request for temporary custody of the prisoner for
trial, the prisoner shall be made available to that public attorney.
Section 13. Remedy Where Accused is Not Brought to Trial Within the Time Limit. - If an
accused is not brought to trial within the time limit required by Section 7 of this Act as
extended by Section 9, the information shall be dismissed on motion of the accused. The
accused shall have the burden of proof of supporting such motion but the prosecution shall
have the burden of going forward with the evidence in connection with the exclusion of
time under Section 10 of this Act.
In determining whether to dismiss the case with or without prejudice, the court shall
consider, among other factors, the seriousness of the offense, the facts and circumstances
of the case which led to the dismissal, and the impact of a reprosecution on the
implementation of this Act and on the administration of justice. Failure of the accused to
move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the
right to dismissal under this section.
Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution
or public attorney:
(a) knowingly allows the case to be set for trial without disclosing the fact that a
necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he/she knows is totally
frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance which he/she
knows to be false and which is material to the granting of a continuance; or
(d) otherwise willfully fails to proceed to trial without justification consistent with
the provisions of this Act, the court may, without prejudice to any appropriate
criminal and/or administrative charges to be instituted by the proper party against
the erring counsel if and when warranted, punish any such counsel or attorney, as
follows:
(1) in the case of a counsel privately retained in connection with the
defense of an accused, by imposing a fine not exceeding; fifty percent
(50%) of the compensation to which he/she is entitled in connection with
his/her defense of the accused;
(2) by imposing on any appointed counsel de officio or public prosecutor
a fine not exceeding Ten thousand pesos (10,000.00); and
(3) by denying any defense counsel or public prosecutor the right to
practice before the court considering the case for a period not exceeding
thirty (30) days.
The authority to punish provided for by this section shall be in addition to any
other authority or power available to the court. The court shall follow the
procedures established in the Rules of Court in punishing any counsel or public
prosecutor pursuant to this section.
CIRCULAR NO. 38-98 August 11, 1998
IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED "AN ACT TO
ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE
SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURT, MUNICIPAL
TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES."
Sec. 1. PURPOSE OF CIRCULAR. — This Circular is promulgated for the purpose of
implementing the provisions of Republic Act No. 8493, otherwise known as the "Speedy
Trial Act of 1998," as directed in Section 15 hereof.
Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. — The arraignment and the pre-
trial, if the accused pleads not guilty to the crime charged, shall be held within thirty (30)
days from the date the court acquires jurisdiction over the person of the accused. The
period of the pendency of a motion to quash, or for a bill of particulars, or other causes
justifying suspension of arraignment shall be excluded.
Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. — In all criminal cases cognizable by
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after
arraignment, order a pre-trial conference to consider the following:
(a) Plea bargaining;
(b) Stipulation of facts;
(c) Marking for identification of evidence of the parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
If the accused has pleaded not guilty to the crime charged, he may state whether he
interposes a negative or affirmative defense. A negative defense shall require the
prosecution to proved the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove such
defense by clear and convincing evidence.
Sec. 4. PRE-TRIAL AGREEMENT. — All agreements or admissions made or entered into
during the pre-trial conference shall be reduced to writing and signed by the accused and
counsel, otherwise the same shall not be used against the accused. The agreements in
relation to matters referred to in Section 3 hereof are subject to the approval of the court;
Provided, That the agreement on the please of the accused should be to a lesser offense
necessarily included in the offense charged.
Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. — Where counsel for the accused
or the prosecutor does not appear at the pretrial conference and does not offer an
acceptable excuse for his lack of cooperation, the court may impose proper sanctions or
penalties.
Sec. 6. PRE-TRIAL ORDER. — After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and the evidence marked. Such order shall
bind the parties, limit the trial to matters not disposed of and control the course of action
during the trial, unless modified by the court to prevent manifest injustice.
Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15)
days to prepare for trial which shall commence within thirty (30) days from receipt of the
pre-trial order.
Sec. 7. EXTENDED TIME LIMIT. — Notwithstanding the provisions of the preceding sections
2 and 6 for the first twelve-calendar-month period following its effectivity, the time limit
with respect to the period from arraignment to trial imposed by said provision shall be one
hundred eighty (180) days. For the second twelve-month period, the time limit shall be one
hundred twenty (120) days, and for the third twelve-month period the time limit shall be
eighty (80) days.
Sec. 8. TIME LIMIT FOR TRIAL. — In criminal cases involving persons charged with a crime,
except those subject to the Rule of Summary Procedure, or where the penalty prescribed
by law does not exceed six (6) months imprisonment, or a fine of one thousand pesos
(P1,000.00) or both, irrespective of other imposable penalties, the court shall, after
consultation with the public prosecutor and the counsel for the accused, set the case for
continuous trial on a weekly or other short-term trial calendar at the earliest possible time
so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred
eighty (180) days from the first day of trial, except as otherwise authorized by the Court
Administrator pursuant to Section 2, Rule 30 of the Rules of Court.
Sec. 9. EXCLUSIONS. — The following periods of delay shall be excluded in computing the
time within which trial must commence:
 (a) Any period resulting from other proceedings concerning the accused,
including but not limited to the following:
(1) delay resulting from an examination of the physical
and mental condition of the accused;
(2) delay resulting from proceedings with respect to
other criminal charges against the accused;
(3) delay resulting from extraordinary remedies against
interlocutory orders;
(4) delay resulting from pre-trial proceedings;
Provided, that the delay does not exceed thirty (30)
days;
(5) delay resulting from orders of inhibition or
proceedings relating to change of venue of cases or
transfer from other courts;
(6) delay resulting from a finding of the existence of a
valid prejudicial question; and
(7) delay reasonably attributable to any period, not to
exceed thirty (30) days, during which any proceeding
concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an
essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when
his whereabouts are unknown or his whereabouts cannot be determined by due diligence.
An essential witness shall be considered unavailable whenever his whereabouts are known
but his presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the fact that the accused is mentally
incompetent or physically unable to stand trial.
(d) If the information is dismissed upon motion of the prosecution and
thereafter a charge is filed against the accused for the same offense, any
period of delay from the date the charge was dismissed to the date the
time limitation would commence to run as to the subsequent charge had
there been no previous charge.
(e) A reasonable period of delay when the accused is mentally
incompetent or physically unable to stand trial.
(f) Any period of delay resulting from a continuance granted by any
court motu propio or on motion of either the accused for the same
offense, any period of delay from the date the charge was dismissed to
the date the time limitation would commence to run as to the subsequent
charge had there been no previous charge.
Sec. 10. FACTORS FOR GRANTING CONTINUANCE. — The following factors, among others,
shall be considered by a court in determining whether to grant a continuance under
subparagraph (f) of Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding
would be like to make a continuation of such proceeding impossible, or
result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and
complex, due to the number of accused or the nature of the prosecution
or otherwise, that it is unreasonable to expect adequate preparation
within the periods of time established herein.
No continuance under subparagraph (f) Section 9 hereof shall be granted
because of congestion of the court’s calendar, or lack of diligent
preparation or failure to obtain available witnesses on the part of the
public prosecutor.
Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL. — If the accused is to be tried
again pursuant to an order of a court for a new trial, the trial shall commence within thirty
(30) days from notice of that order, except that the court retrying the case may extend such
period but not to exceed one hundred eighty (180) days from notice of said order for a new
trial if unavailability of witnesses or other factors make trial within thirty (30) days
impractical.
Sec. 12. PUBLIC ATTORNEY’S DUTIES WHERE ACCUSED IS IMPRISONED. — If the public
attorney assigned to defend a person charged with a crime knows that the latter is
preventively detained, either because he is charged with a bailable crime and has no means
to post bail, or is charged with a non-bailable crime, or is serving a term of imprisonment in
any penal institution:
(a) The public attorney shall promptly undertake to obtain the presence
of the prisoner for trial, or cause a notice to be served on the person
having custody of the prisoner requiring such person to so advise the
prisoner of his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner
shall promptly advise the prisoner of the charge and of his right to
demand trial, If at any time thereafter the prisoner informs his custodian
that he demands such trial, the latter shall cause notice to that effect to
be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public attorney shall promptly seek
to obtain the presence of the prisoner for trial.
(d) When the person having custody of the prisoner receives from the
public attorney a properly supported request for the availability of the
prisoner for purposes of the trial, the prisoner shall be made available
accordingly.
Sec. 13. SANCTIONS. — In any case in which private counsel for the accused, the public
attorney or the public prosecutor:
(a) knowingly allows the case to be set for trial without disclosing the fact
that a necessary witness would be unavailable for trial;
(b) files a motion solely for the purpose of delay which he knows is totally
frivolous and without merit;
(c) makes a statement for the purpose of obtaining continuance which he
know to be false and which is material to the granting of a continuance;
or
(d) otherwise willfully fails to proceed to trial without justification
consistent with the provisions hereof, the court may punish any such
counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately retained in
connection with the defense of an accused, by imposing
a fine of not exceeding twenty thousand pesos
(P20,000.00);
(2) by imposing on any appointed counsel de oficio,
public attorney or public prosecutor a fine not
exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor
the right to practice before the court considering the
case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be without prejudice to any
appropriate criminal action or any other sanction authorized under the Rules of Court.
Sec. 14. REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE TIME LIMIT.
— If the accused is not brought to trial within the time limit required by Sections 2 and 6
hereof, as extended by Section 7, the information may be dismissed on motion of the
accused on the ground of denial of his right to speedy trial. The accused shall have the
burden of proving such motion by the prosecution shall have the burden of going forward
with the evidence in connection with the exclusion of time under Section 9 hereof. The
dismissal shall be subject to the rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the
right to dismiss under this section.
Sec. 15. REPUBLIC ACT NO 8493 NOT A BAR TO PROVISION ON SPEEDY TRIAL IN THE
CONSTITUTION. — No provision of Republic Act No. 8493 shall be interpreted as a bar to
any charge of denial of speedy trial as provided by Article III, Section 14(2), of the 1987
Constitution.
Sec. 16. EFFECTIVITY. — This Circular shall be published in two (2) newspapers of general
circulation and shall take effect on September 15, 1998.
August 11, 1998.
Republic Act No. 6981 April 24, 1991
AN ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Name of Act. - This Act shall be known as the "Witness Protection, Security and
Benefit Act".
Section 2. Implementation of Program. - The Department of Justice, hereinafter referred
to as the Department, through its Secretary, shall formulate and implement a "Witness
Protection, Security and Benefit Program", hereinafter referred to as the Program, pursuant
to and consistent with the provisions of this Act.
The Department may call upon any department, bureau, office or any other executive
agency to assist in the implementation of the Program and the latter offices shall be under
legal duty and obligation to render such assistance.
Section 3. Admission into the Program. - Any person who has witnessed or has knowledge
or information on the commission of a crime and has testified or is testifying or about to
testify before any judicial or quasi-judicial body, or before any investigating authority, may
be admitted into the Program:
Provided, That:
a) the offense in which his testimony will be used is a grave felony as defined under
the Revised Penal Code, or its equivalent under special laws;lawphi1Ÿ
b) his testimony can be substantially corroborated in its material points;
c) he or any member of his family within the second civil degree of consanguinity
or affinity is subjected to threats to his life or bodily injury or there is a likelihood
that he will be killed, forced, intimidated, harassed or corrupted to prevent him
from testifying, or to testify falsely, or evasively, because or on account of his
testimony; and
d) he is not a law enforcement officer, even if he would be testifying against the
other law enforcement officers. In such a case, only the immediate members of
his family may avail themselves of the protection provided for under this Act.
If the Department, after examination of said applicant and other relevant facts, is convinced
that the requirements of this Act and its implementing rules and regulations have been
complied with, it shall admit said applicant to the Program, require said witness to execute
a sworn statement detailing his knowledge or information on the commission of the crime,
and thereafter issue the proper certification. For purposes of this Act, any such person
admitted to the Program shall be known as the Witness.
Section 4. Witness in Legislative Investigations. - In case of legislative investigations in aid
of legislation, a witness, with his express consent, may be admitted into the Program upon
the recommendation of the legislative committee where his testimony is needed when in
its judgment there is pressing necessity therefor: Provided, That such recommendation is
approved by the President of the Senate or the Speaker of the House of Representatives,
as the case may be.
Section 5. Memorandum of Agreement With the Person to be Protected. - Before a person
is provided protection under this Act, he shall first execute a memorandum of agreement
which shall set forth his responsibilities including:
a) to testify before and provide information to all appropriate law enforcement
officials concerning all appropriate proceedings in connection with or arising from
the activities involved in the offense charged;
b) to avoid the commission of the crime;lawphi1Ÿ
c) to take all necessary precautions to avoid detection by others of the facts
concerning the protection provided him under this Act;
d) to comply with legal obligations and civil judgments against him;
e) to cooperate with respect to all reasonable requests of officers and employees
of the Government who are providing protection under this Act; and
f) to regularly inform the appropriate program official of his current activities and
address.1awphi1©
Section 6. Breach of the Memorandum of Agreement. - Substantial breach of the
memorandum of agreement shall be a ground for the termination of the protection
provided under this Act: Provided, however, That before terminating such protection, the
Secretary of Justice shall send notice to the person involved of the termination of the
protection provided under this Act, stating therein the reason for such termination.
Section 7. Confidentiality of Proceedings. - All proceedings involving application for
admission into the Program and the action taken thereon shall be confidential in nature.
No information or documents given or submitted in support thereof shall be released
except upon written order of the Department or the proper court.
Any person who violates the confidentiality of said proceedings shall upon conviction be
punished with imprisonment of not less than one (1) year but not more than six (6) years
and deprivation of the right to hold a public office or employment for a period of five (5)
years.
Section 8. Rights and Benefits. - The witness shall have the following rights and
benefits:ITC-ALF
(a) To have a secure housing facility until he has testified or until the threat,
intimidation or harassment disappears or is reduced to a manageable or tolerable
level. When the circumstances warrant, the Witness shall be entitled to relocation
and/or change of personal identity at the expense of the Program. This right may
be extended to any member of the family of the Witness within the second civil
degree of consanguinity or affinity.
(b) The Department shall, whenever practicable, assist the Witness in obtaining a
means of livelihood. The Witness relocated pursuant to this Act shall be entitled
to a financial assistance from the Program for his support and that of his family in
such amount and for such duration as the Department shall determine.
(c) In no case shall the Witness be removed from or demoted in work because or
on account of his absences due to his attendance before any judicial or quasi-
judicial body or investigating authority, including legislative investigations in aid of
legislation, in going thereto and in coming therefrom: Provided, That his employer
is notified through a certification issued by the Department, within a period of
thirty (30) days from the date when the Witness last reported for work: Provided,
further, That in the case of prolonged transfer or permanent relocation, the
employer shall have the option to remove the Witness from employment after
securing clearance from the Department upon the recommendation of the
Department of Labor and Employment.
Any Witness who failed to report for work because of witness duty shall be paid
his equivalent salaries or wages corresponding to the number of days of absence
occasioned by the Program. For purposes of this Act, any fraction of a day shall
constitute a full day salary or wage. This provision shall be applicable to both
government and private employees.
(d) To be provided with reasonable travelling expenses and subsistence allowance
by the Program in such amount as the Department may determine for his
attendance in the court, body or authority where his testimony is required, as well
as conferences and interviews with prosecutors or investigating officers.
(e) To be provided with free medical treatment, hospitalization and medicines for
any injury or illness incurred or suffered by him because of witness duty in any
private or public hospital, clinic, or at any such institution at the expense of the
Program.
(f) If a Witness is killed, because of his participation in the Program, his heirs shall
be entitled to a burial benefit of not less than Ten thousand pesos (P10,000.00)
from the Program exclusive of any other similar benefits he may be entitled to
under other existing laws.
(g) In case of death or permanent incapacity, his minor or dependent children shall
be entitled to free education, from primary to college level in any state, or private
school, college or university as may be determined by the Department, as long as
they shall have qualified thereto.
Section 9. Speedy Hearing or Trial. - In any case where a Witness admitted into the
Program shall testify, the judicial or quasi-judicial body, or investigating authority shall
assure a speedy hearing or trial and shall endeavor to finish said proceeding within three
(3) months from the filing of the case.
Section 10. State Witness. - Any person who has participated in the commission of a crime
and desires to be a witness for the State, can apply and, if qualified as determined in this
Act and by the Department, shall be admitted into the Program whenever the following
circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined
under the Revised Penal Code or its equivalent under special laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the
offense committed:
(d) his testimony can be substantially corroborated on its material points;
(e) he does not appear to be most guilty; and
 (f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in order that
he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the Revised Rules of
Court may upon his petition be admitted to the Program if he complies with the other
requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so
that he can be used as a State Witness under Rule 119 of the Revised Rules of Court.
Section 11. Sworn Statement. - Before any person is admitted into the Program pursuant
to the next preceding Section he shall execute a sworn statement describing in detail the
manner in which the offense was committed and his participation therein. If after said
examination of said person, his sworn statement and other relevant facts, the Department
is satisfied that the requirements of this Act and its implementing rules are complied with,
it may admit such person into the Program and issue the corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony
given in support of said application shall not be admissible in evidence, except for
impeachment purposes.
Section 12. Effect of Admission of a State Witness into the Program. - The certification of
admission into the Program by the Department shall be given full faith and credit by the
provincial or city prosecutor who is required not to include the Witness in the criminal
complaint or information and if included therein, to petition the court for his discharge in
order that he can utilized as a State Witness. The Court shall order the discharge and
exclusion of the said accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal
prosecution for the offense or offenses in which his testimony will be given or used and all
the rights and benefits provided under Section 8 hereof.
Section 13. Failure or Refusal of the Witness to Testify. - Any Witness registered in the
Program who fails or refuses to testify or to continue to testify without just cause when
lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or
evasively, he shall be liable to prosecution for perjury. If a State Witness fails or refuses to
testify, or testifies falsely or evasively, or violates any condition accompanying such
immunity without just cause, as determined in a hearing by the proper court, his immunity
shall be removed and he shall be subject to contempt or criminal prosecution. Moreover,
the enjoyment of all rights and benefits under this Act shall be deemed terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any
appropriate stage of the proceedings.
Section 14. Compelled Testimony. - Any Witness admitted into the Program pursuant to
Sections 3 and 10 of this Act cannot refuse to testify or give evidence or produce books,
documents, records or writings necessary for the prosecution of the offense or offenses for
which he has been admitted into the Program on the ground of the constitutional right
against self-incrimination but he shall enjoy immunity from criminal prosecution and
cannot be subjected to any penalty or forfeiture for any transaction, matter or thing
concerning his compelled testimony or books, documents, records and writings produced.
In case of refusal of said Witness to testify or give evidence or produce books, documents,
records, or writings, on the ground of the right against self-incrimination, and the state
prosecutor or investigator believes that such evidence is absolutely necessary for a
successful prosecution of the offense or offenses charged or under investigation, he, with
the prior approval of the department, shall file a petition with the appropriate court for the
issuance of an order requiring said Witness to testify, give evidence or produce the books,
documents, records, and writings described, and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and
detention of the Witness in any jail contiguous to the place of trial or investigation until
such time that the Witness is willing to give such testimony or produce such documentary
evidence.
Section 15. Perjury or Contempt. - No Witness shall be exempt from prosecution for perjury
or contempt committed while giving testimony or producing evidence under compulsion
pursuant to this Act. The penalty next higher in degree shall be imposed in case of
conviction for perjury. The procedure prescribed under Rule 71 of the Rules of Court shall
be followed in contempt proceedings but the penalty to be imposed shall not be less than
one (1) month but not more than one (1) year imprisonment.
Section 16. Credibility of Witness. - In all criminal cases, the fact of the entitlement of the
Witness to the protection and benefits provided for in this Act shall not be admissible in
evidence to diminish or affect his credibility.
Section 17. Penalty for Harassment of Witness. - Any person who harasses a Witness and
thereby hinders, delays, prevents or dissuades a Witness from:
(a) attending or testifying before any judicial or quasi-judicial body or investigating
authority;
(b) reporting to a law enforcement officer or judge the commission or possible
commission of an offense, or a violation of conditions or probation, parole, or
release pending judicial proceedings;
 (c) seeking the arrest of another person in connection with the offense;

(d) causing a criminal prosecution, or a proceeding for the revocation of a parole

or probation; or

(e) performing and enjoying the rights and benefits under this Act or attempts to
do so, shall be fined not more than Three thousand pesos (P3,000.00) or suffer
imprisonment of not less than six (6) months but not more than one (1) year, or
both, and he shall also suffer the penalty of perpetual disqualification from holding
public office in case of a public officer.

Section 18. Rules and Regulations. - The Department shall promulgate such rules and
regulations as may be necessary to implement the intent and purposes of this Act. Said
rules and regulations shall be published in two (2) newspapers of general circulation.

Section 19. Repealing Clause. - All laws, decrees, executive issuances, rules and regulations
inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Funding. - The amount of Ten million pesos (P10,000,000.00) is hereby
authorized to be appropriated out of any funds in the National Treasury not otherwise
appropriated to carry into effect the purpose of this Act.

Expenses incurred in the implementation of the Program may be recovered as part of the
cost or indemnity imposed upon the accused.

Furthermore, other funding schemes or sources, subject to the limitations of the law, shall
be allowed in furtherance hereof.

Section 21. Separability Clause. - The declaration of unconstitutionality or invalidity of any

provision of this Act shall not affect the other provisions hereof.

Section 22. Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in two (2) newspapers of general circulation.

Approved: April 24, 1991

PRESIDENTIAL DECREE No. 749 July 18, 1975
GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF BRIBES AND OTHER GIFTS
AND TO THEIR ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC
OFFICERS
1. The information must refer to consummated violations of any of the above-
mentioned provisions of law, rules and regulations;
2. The information and testimony are necessary for the conviction of the accused
public officer;

WHEREAS, public office is a public trust: public officers are but servants of the people, 3. Such information and testimony are not yet in the possession of the State;
whom they must serve with utmost fidelity and integrity;
4. Such information and testimony can be corroborated on its material points; and
WHEREAS, it has heretofore been virtually impossible to secure the conviction and removal
of dishonest public servants owing to the lack of witnesses: the bribe or gift-givers being 5. The informant or witness has not been previously convicted of a crime involving
always reluctant to testify against the corrupt public officials and employees concerned for moral turpitude.
fear of being indicted and convicted themselves of bribery and corruption;
Section 2. The immunity granted hereunder shall not attach should it turn out subsequently
WHEREAS, it is better by far and more socially desirable, as well as just, that the bribe or that the information and/or testimony is false and malicious or made only for the purpose
gift giver be granted immunity from prosecution so that he may freely testify as to the of harassing, molesting or in any way prejudicing the public officer denounced. In such a
official corruption, than that the official who receives the bribe or gift should be allowed to case, the public officer so denounced shall be entitled to any action, civil or criminal, against
go free, insolently remaining in public office, and continuing with his nefarious and corrupt said informant or witness.
practices, to the great detriment of the public service and the public interest.
Section 3. All preliminary investigations conducted by a prosecuting fiscal, judge or
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the committee, and all proceedings undertaken in connection therewith, shall be strictly
powers in me vested by the Constitution, do hereby decree and order that: confidential or private in order to protect the reputation of the official under investigation
in the event that the report proves to be unfounded or no prima facie case is established.
Section 1. Any person who voluntarily gives information about any violation of Articles 210,
211, and 212 of the Revised Penal Code; Republic Act Numbered Three Thousand Nineteen, Section 4. All acts, decrees and rules and regulations inconsistent with the provisions of this
as amended; Section 345 of the Internal Revenue Code and Section 3604 of the Tariff and decree are hereby repealed or modified accordingly.
Customs Code and other provisions of the said Codes penalizing abuse or dishonesty on the
part of the public officials concerned; and other laws, rules and regulations punishing acts Section 5. This Decree shall take effect immediately.
of graft, corruption and other forms of official abuse; and who willingly testifies against any
public official or employee for such violation shall be exempt from prosecution or
punishment for the offense with reference to which his information and testimony were
given, and may plead or prove the giving of such information and testimony in bar of such
prosecution: Provided; that this immunity may be enjoyed even in cases where the
information and testimony are given against a person who is not a public official but who is
a principal, or accomplice, or accessory in the commission of any of the above-mentioned
violations: Provided, further, that this immunity may be enjoyed by such informant or
witness notwithstanding that he offered or gave the bribe or gift to the public official or his
accomplice for such gift or bribe-giving; and Provided, finally, that the following conditions
concur:
REPUBLIC ACT No. 4908 basis for the court or fiscal to give preference to the trial and disposition of such criminal
case.
AN ACT REQUIRING JUDGES OF COURTS TO SPEEDILY TRY CRIMINAL CASES WHEREIN
THE OFFENDED PARTY IS A PERSON ABOUT TO DEPART FROM THE PHILIPPINES WITH Section 4. Any willful or malicious refusal on the part of any fiscal or judge to carry out the
NO DEFINITE DATE OF RETURN provisions of this Act shall constitute sufficient ground for disciplinary action which may
include suspension or removal.
Section 1. Any provision of existing laws, executive order, rule or regulation to the contrary
notwithstanding, the trial of criminal cases wherein the offended party is a person who is Section 5. This Act shall take effect upon its approval.
about to depart from the Philippines without a definite date of return, shall take
precedence over all other cases before our courts, except election and habeas corpus cases. Approved: August 4, 1969.
The trial in these cases shall commence within three days from the date the accused is
arraigned and no postponement of the initial hearing shall be granted except on the ground
of illness on the part of the accused, or other grounds beyond the control of the accused.

Section 2. This Act shall take effect upon its approval.

REPUBLIC ACT No. 6033

AN ACT REQUIRING COURTS TO GIVE PREFERENCE TO CRIMINAL CASES WHERE THE

PARTY OR PARTIES INVOLVE ARE INDIGENTS.

Section 1. Any provision of existing law to be contrary notwithstanding and with the
exception of habeas corpus and election cases and cases involving detention prisoners, and
persons covered by Republic Act Numbered Four thousand nine hundred eight, all courts
shall give preference to the hearing and/or disposition of criminal cases where an indigent
is involved either as the offended party or accused. The trial in these cases shall commence
within three days from date of arraignment and no postponement of the hearings shall be
granted except on the ground of illness of the accused or other similar justifiable grounds.
City and provincial fiscals and courts shall forthwith conduct the preliminary investigation
of a criminal case involving an indigent within three days after its filing and shall terminate
the same within two weeks.

Section 2. As used in this Act, the term "indigent" shall refer to a person who has no visible
means of income or whose income is insufficient for the subsistence of his family, to be
determined by the fiscal or judge, taking into account the members of his family dependent
upon him for subsistence.

Section 3. An indigent who is the offended party, respondent or an accused in a criminal

case and who desires to avail of the preference granted under this Act shall file a sworn
statement of the fact of his being indigent and the said sworn statement shall be sufficient