The Continuous Trial of Criminal Cases Rule (A.M.
No.15-06-10-SC; August 17, 2015)
[1] The Rule does not apply to cases governed by the
Rule of Summary Procedure.
[2] The Rule applies to pending criminal cases only with
respect to the remainder of the proceedings.
[3] The Rule applies to all newly-lodged criminal cases,
including those under special laws and special rules.
[4] The Rule applies to criminal cases filed with first-
level courts, second-level courts, the Sandiganbayan
(SB) and the Court of Tax Appeals (CTA).
[5] Trial days shall be Mondays to Thursdays. Trial time
on trial days shall start exactly at 8:30 AM and at 2:00
PM.
[6] Friday mornings shall be hearing days for motions,
arraignment and pre-trial. Promulgation of judgment
shall also be in Friday mornings.
[7] Rule 137 on inhibition of judicial officers shall apply;
however, motions for inhibition shall be resolved
immediately. "Immediately" means two calendar days.
[8] The court shall deny prohibited motions outright
before arraignment. There shall be no need for any
comment.
[9] It is prohibited to file a motion for judicial
determination of probable cause.
[10] It is prohibited to file a motion for preliminary
investigation if:
*The motion is filed beyond the five-day (5-day) period
in inquest proceedings OR when preliminary
investigation is required or allowed in inquest
proceedings, AND;
*the accused failed to participate despite due notice.
[11] It is prohibited to file a motion for reinvestigation
of the prosecutor who recommends the filing of the
information once the information has been filed before
the court (1) if the motion is filed without prior leave (2)
when preliminary investigation is required and has been
actually conducted, and the grounds relied upon in the
motion are not meritorious, such as issues of credibility,
admissibility of evidence, innocence of the accused, or
lack of due process when the accused was actually
notified, among others.
[12] It is prohibited to file a motion to quash
information when the ground is not one of those stated
under the rules.
[13] It is prohibited to file a motion for bill of particulars
that does not conform to the rules.
[14] It is prohibited to file a motion to suspend
arraignment based on grounds not stated by the rules.
[15] It is prohibited to file a petition to suspend criminal
action based on prejudicial question when no civil case
has been filed.
[16] It is prohibited to file a motion for postponement,
except if it is based on acts of god, force majeure or
physical inability of the witness to appear and testify.
[17] If the motion for postponement gets granted based
on said exceptions in Item [16], the moving party shall
be warned that the presentation of its evidence must
still be finished on the dates previously agreed upon.
[18] A motion for postponement shall at all times be
paid with the Office of the Clerk of Court (OCC). The
Branch Clerk of Court shall not accept the motion unless
accompanied by the original receipt.
[19] If a party fails to qualify for PAO services, the IBP
shall provide free legal assistance to the party. The IBP
shall submit the list of lawyers to the Executive Judge
for possible appointment as counsel de officio in such
cases.
[20] Where only the civil liability is being prosecuted,
the head of the prosecution office may issue a written
authority to a private prosecutor who may prosecute in
the absence of the public prosecutor.
[21] In order to consolidate cases before the raffling of
the case, a motion for consolidation must be filled with
the initiatory pleading before the OCC.
[22] If a new case is filed involving an accused who has
been subjected to further investigation by the office of
the prosecutor over an incident involving the same
subject matter as that of the already raffled
information, the new case shall be assigned directly to
the court where the earlier case is pending, provided,
there is a motion for consolidation from the office of
the prosecutor that accompanies its filing in court. The
proceedings already had in the old case may be
adopted.
[23] Archiving of cases shall be done within the period
prescribed under the guidelines. A criminal case shall be
archived only if, after the issuance of the warrant of
arrest, the accused remains at large for six (6) months
from the delivery of the warrant to the proper peace
officer. Such case may likewise be archived when
proceedings therein are ordered suspended for an
indefinite period because: [a] the accused appears to be
suffering from an unsound mental condition, [b] a valid
prejudicial question in a civil action is invoked during
the pendency of the criminal case, [c] an interlocutory
order or incident in the criminal case is elevated to a
higher court which issued a TRO or writ of preliminary
injunction or, [d] when the accused has jumped bail
before arraignment and cannot be arrested by the
bondsman.
[24] Arraignment and Pre-trial shall be set within ten
(10) calendar days from date of the court’s receipt of
the case for a detained accused, and within thirty (30)
calendar days from the date the court acquires
jurisdiction over a non-detained accused. The setting
shall be incorporated in the commitment order or in the
approval of the bail in other cases. Notices shall be sent
to the accused, his/her counsel, private complainant or
complaining law enforcement agent, public prosecutor,
and witnesses whose names appear in the information
for purposes of plea-bargaining, arraignment and pre-
trial.
[25] In multiple cases, the court, upon personal
examination of the accused may allow a waiver of the
reading of the information upon the full understanding
and express consent of the accused and his/her counsel,
which consent shall be expressly stated in both the
minutes/certificate of arraignment and the order of
arraignment.
[26] Plea bargaining except in drug cases shall
immediately proceed, provided the private offended
party in private crimes, or the arresting officer in
victimless crimes, is present to give his/her consent with
the conformity of the public prosecutor. Thereafter,
judgment shall immediately be rendered in the same
proceedings.
[27] If the accused pleads guilty to the crime charged in
the information, judgment shall be immediately
rendered, except in those cases involving capital
punishment.
[28] If there is no plea bargaining or plea of guilty, the
court shall immediately proceed with the arraignment
and the pre-trial. The schedule of the trial dates, for
both the prosecution and the accused, shall be
continuous and within the periods provided in the
Regular Rules/Special Rules. The trial dates may be
shortened depending on the number of witnesses to be
presented. From the time of the arraignment and pre-
trial, it shall be set for trial within thirty (30) days. Trial
on the merits shall be conducted for a period of six (6)
months only and promulgation of judgment is set within
ninety (90) days from submission of the case for
decision for regular rules.
[29] For drug cases, trial shall be finished not later than
sixty (60) days from filing of the information. Decision
shall be rendered within fifteen (15) days from
submission of case for decision.
[30] For environmental cases, from arraignment and
pre-trial, it shall be set for hearing within thirty (30)
days. Trial on the merits shall be conducted for a period
of three (3) months. Filing of memoranda is within thirty
(30) days and the decision shall be rendered within sixty
(60) days from the last day to file memoranda.
Disposition period shall be within ten (10) months from
date of arraignment.
[31] For intellectual property rights cases, from
arraignment and pre-trial, it shall be set for hearing
within thirty (30) days. Trial on the merits shall be
conducted for a period of sixty (60) days then filing of
memoranda is within thirty (30) days and the judgment
shall be rendered within ninety (90) days from
submission of case for decision.
[32] Pre-trial shall proceed even in the absence of
parties. Nevertheless, they must be notified and the
counsel for the accused and the public prosecutor are
present. The documentary evidence for both parties
shall be marked. The pre-trial order shall immediately
be served upon the parties and counsel on the same
day after the termination of the pre-trial. Courts must
strictly comply with the rules.
[33] Cases under the following laws shall be referred to
mediation:
[a] B.P Blg
[b] SSS Law
[c] Pag-Ibig Law.
[d] Theft under Art. 308, RPC.
[e] Estafa under Art. 315(1), RPC, except estafa under
Art. 315 (2) and (3).
[f] Other forms of swindling under Art. 316, RPC.
[g] Swindling of a minor under Art. 317, RPC.
[h] Other deceits under Art. 318, RPC.
[i] Malicious Mischief under Art. 327, RPC.
[j] Libel by means of writings or similar means under Art
355, RPC.
[k] Threatening to publish and offer to present such
publication for a compensation under Art. 356, RPC.
[l] Prohibited publication of acts referred to in course of
official proceedings under Art. 357, RPC.
[m] Grave Slander (Grave Oral Defamation) which is of
serious and insulting nature under Art. 358, par. 1, RPC.
[n] Simple Slander ( Oral Defamation) which is not of a
serious and insulting nature under Art. 358, RPC.
[o] Grave Slander by Deed which is not of a serious
nature under Art. 359, par. 1, RPC.
[p] Simple Slander by Deed which is not of a serious
nature under Art. 359, par. 2, RPC.
[q] Incriminating innocent person under Art. 363, RPC.
[r] Intriguing against honour under Art. 364, RPC.
[s] Libel under R.A. 10175 (Cybercrime Prevention Act of
2012) where the liability may be civil in nature.
[t] Criminal negligence under Title 14, RPC, where the
liability may be civil in nature, and
[u] Intellectual property rights cases where the liability
may be civil in nature.
[34] The referral of the case for mediation shall be
made only after the arraignment and the
pre-trial/preliminary conference. The mediation shall be
terminated within a non-extendible period of thirty (30)
calendar days.
[35] Except those cases mentioned in Item [33], criminal
cases under the Rule on Summary Procedure shall not
be referred to mediation.
[36] Petition for bail filed after the filing of the
information shall be set for summary hearing after
arraignment and pre-trial. It shall be heard and resolved
within a non-extendible period of thirty (30) days from
the date of the first hearing, except in drug cases which
shall be heard and resolved within twenty (20) calendar
days. The accused need not present evidence to rebut
the prosecution’s evidence. Motion for reconsideration
on the resolution of petition for bail shall be resolved
within a non-extendible period of ten (10) calendar days
from date of submission of the motion.
[37] For First Level Courts, in all criminal cases, including
those covered by the Rule on Summary Procedure , the
testimonies of witnesses shall consist of the duly
subscribed written statements given to law
enforcement officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor
and if such are not available, testimonies shall be in the
form of judicial affidavits. The trial prosecutor may opt
to dispense with the sworn statements submitted to the
law enforcement officers and instead prepare judicial
affidavits or modify or revise the said sworn statements.
[38] For Second Level Courts, Sandiganbayan and Court
of Tax Appeals, where the demeanor of the witnesses is
not essential, like the forensic chemist, medico-legal
officers, investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar
witnesses, who will testify on the authenticity, due
execution and the contents of public documents and
reports, and in criminal cases that are transactional in
character, such as falsification, malversation, estafa or
other crimes where the culpability or innocence of the
accused can be established through documents, the
testimonies of the witnesses shall be the duly
subscribed written statements given to law
enforcement officers or the affidavits or counter-
affidavits submitted before the investigating prosecutor,
and if such are not available, testimonies shall be in the
form of judicial affidavits.
[39] During the pre-trial/preliminary conference, the
court shall require the parties to stipulate on the
testimonies of witnesses who have no personal
knowledge of the material facts constituting the crimes,
such as, forensic chemists, medico-legal officers,
investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar
witnesses, who will testify on the authenticity, due
execution and the contents of public documents and
reports; corroborative witnesses; and those who will
testify on the civil liability. This is without prejudice to
additional direct and cross examination questions.
[40] The court shall encourage the accused and the
prosecution to avail of Secs. 12 and 13 and 15, Rule 119
of the Rules of Court15.
[41] In the absence of the counsel de parte, the hearing
shall proceed upon appointment by the court of a
counsel de officio.
[42] The offer of evidence, the comment/objection
thereto, and the court ruling thereto shall be made
orally in open court on the same day after the
presentation of the last witness either for the
prosecution or for the defence. The court shall ensure
that the offered evidence are submitted to court on the
same day it is offered.
[43] The court shall inquire from the accused his/her
desire to move for leave of court to file demurrer to
evidence or to proceed in presenting his/her evidence.
If the accused orally moves for leave of court to file a
demurrer to evidence, the court shall orally resolve the
same. If the motion for leave is denied, the court shall
issue an order for the accused to present and terminate
his/her evidence on the dates previously agreed upon,
and to orally offer and rest his/her case on the day
his/her last witness is presented. If accused insists on
filing the demurrer to evidence without leave, the
previously scheduled dates for the accused to present
evidence shall be cancelled. The demurrer shall be
resolved by the court within a non-extendible period of
thirty (30) calendar days from the date of the filing of
the comment or lapse of the ten (10)-day period to
comment.
If the motion for leave of court to file demurrer to
evidence is granted, and the demurrer to evidence is
denied, the accused shall likewise present and
terminate his/her evidence, one day apart, morning and
afternoon and shall orally offer and rest his/her case on
the day his/her last witness is presented.
[44] The court shall strictly adhere to the rule that a
witness has to be fully examined in one (1) day.
[45] The submission of memoranda is discretionary on
the part of the court which in no case shall exceed
twenty-five (25) pages in length, single-spaced, on legal
size paper, using size 14 font. Its filing is non-extendible
and shall not suspend the running of the period of
promulgation of the decision.
[46] 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. If the case was heard completely
by another judge, not the judge tasked to write the
decision, the latter shall direct the stenographers
concerned to submit the complete transcripts within
the period of thirty (30) calendar days from date of
his/her assumption to office.
[47] The judge shall announce in open court and include
in the order submitting the case for decision, the date of
the promulgation of its decision which shall not be more
than ninety (90) calendar days from the date the case is
submitted for decision, except when the case is covered
by special Rules and other laws which provide for a
shorter period.
[48] A motion for reconsideration of judgment of
conviction or motion for new trial under Rule 121 filed
within the reglementary period of fifteen (15) days from
promulgation shall be resolved within a non-extendible
period of ten (10) calendar days from the submission of
the comment of the prosecution or even in the absence
of comment.
[49] The physical inventory of cases and preparation of
the semestral report16 shall not suspend court
hearings.

[50] All courts covered by the Revised Guidelines shall

accomplish and submit a periodic report of data in a
form to be generated and distributed by the
Committee.

[51] Non-compliance with the Revised Guidelines,

including failure to observe the timelines and deadlines
herein provided, is a ground for disciplinary action.