EXCLUSION FROM

COMPUTING OF
DELAY IN TRIAL
1. Delay resulting from 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 not
to exceed 30 days)

EXCLUSION FROM COMPUTING OF

DELAY IN TRIAL
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 finding of the
existence of a prejudicial question;
7.Delay reasonably attributable to any
period, not exceeding 30 days during which any
proceeding concerning the accused is actually under
advisement.
EXCLUSION FROM
COMPUTING
OF DELAY IN TRIAL
 EXCLUSION FROM
COMPUTING OF
DELAY IN TRIAL
• OTHER DELAY:
4.The accused is joined for trial with a co-accused over
whom the court has not acquired jurisdiction or whom,
the time trial has not run and no motion for separate trial
has been granted;
5.Resulting from a continuance granted by
any court mu propio or in motion of either the accused or
his counsel or the prosecution—for speedy trial.
 CHANGE OF VENUE
OF TRIAL
• Sec. 5(4), Art. VIII of the Constitution expressly empowers
the Supreme Court to “Order a change of venue or place
of the trial to avoid miscarriage of justice.”

• Cases can be transferred to a neighboring court of equal

rank, whenever the imperative of securing a fair and
impartial trial or preventing miscarriage of justice, so
demands.
 FACTOR OF GRANTING
CONTINUANCE
• Whether or not the failure to grant a continuance in
the proceeding would likely makes continuation of such
proceeding impossible or result in a miscarriage of
justice.

• 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 that it is unreasonable
 to expect adequate preparation within
the periods of time established therein.

ARCHIVING
CRIMINAL CASES
• May be archived by the trial court 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 be proper peace officer.
• The judge who fails to comply with
this circular may be held administratively liable
therefor.
TIME LIMIT FOR “ORDER
FOR NEW
 PUBLIC ATTORNEY’S
DUTIESACCUSE
D IS
IMPRISONED
• IF PREVENTIVELY DETAINED OR NO MEANS TO POST BAIL:
1. 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.
2. Upon receipt of that notice—the prisoner
shall promptly advise the prisoner of the charge of his
right to demand trial.

PUBLIC ATTORNEY’S
DUTIESACCUSED IS
IMPRISONED
• IF PREVENTIVELY DETAINED OR NO MEANS TO POST
BAIL:
3.Upon receipt of that notice, the public
attorney shall promptly seek to obtain the presence of
the prisoner for trial.
4.When custodian of the prisoner receives from the public
attorney a properly supported request for the availability
of the prisoner for purposes of trial, the prisoner shall
made available accordingly.

REMEDY WHERE THE ACCUSED IS

NOT BROUGHT TO TRIAL WITHIN
THE TIME LIMIT
• May dismissed on motion of the accused on
the ground of denial of his right to speedy trial.

• The accused has the burden of providing the motion

but the prosecution shall have the burden of going
forward with the evidence to establish the exclusion
of time under the rules of double jeopardy.

ORDER OF
TRIAL
1. Prosecution shall present evidence to
prove the charge and in proper case, the civil liability;
2. Accused may present evidence to prove his defense, and
damages, if any arising from the issuance of any
provisional remedy in the case.
3. The prosecution and defense may, in that order present
rebuttal and surrebuttal evidence unless the court, in
furtherance of justice, permits them to present addition
evidence bearing upon the main issue.

ORDER OF
TRIAL
4.Upon admission of the evidence of
the parties, the case shall be deemed submitted
for decision unless the court directs them to argue
orally or to submit memoranda.
5.When the accused admits the act or omission
charged in the complaint or information but
interpose a lawful defense, the order of trial may
be modified.
NEGLIGENCE OF THE
DEFENSE COUNSEL WILL
NOT BIND
THE ACCUSED
• GENERAL RULE: the negligence of the counsel will not bind the
client is based on the principle that any act or performed by a
lawyer within the scope of his general or implies authority is
regarded as an act of his client.
• EXCEPTIONS: where reckless or gross negligence of
counsel deprives the client of due process of law, or when the
application of the rule results in the outright deprivation of
one’s property through a technicality.

APPLICATION FOR EXAMINATION

OF WITNESS FOR ACCUSED
BEFORE TRIAL
• When accused has been held to answer for an offense (upon
motion with notice to other parties ) state:
1. The name and residence of the witness;
2. The substance of his testimony;
3. That the witness is sick or infirm as to afford reasonable ground
resides more than 100 kilometers from the place of trial and
has no means to attend the same, or that other similar
circumstances exist that would make him unavailable or
supported by affidavits of the accused and such other evidence
as the court may require.

DEPOSITI
ON
• Is a testimony of a witness taken upon oral
question or written interrogatories, in open
court, but in pursuance of a commission to take
 testimony issued by the court, or
under a general law or court rule on the subject,
and reduced to writing and duly authenticated,
and intended to be used in preparation and upon
trial of a civil or criminal prosecution.
PURPOSE OF
DEPOSITION
1. Greater assistance to the parties in ascertaining
the truth and in checking and preventing perjury;
2. Provide an effective means of
detecting and exposing false, fraudulent claims
and defenses;
3. Make available in a simple, convenient and
expensive way, facts which otherwise could not be
proved except with greater difficulty;
 PURPOSE OF
DEPOSITION
• Where the ONLY REASON for the accused to take
the deposition of foreign witnesses is to foreclose
objection to certain documents and where it
appears that such documents have already been
admitted in evidence, there is no reason for
taking the deposition of said foreign witnesses,
and the accused’s application for deposition
should be denied.
EXAMINATION OF A
CHILD
 EXAMINATION OF A CHILD WITNESS

GUARDIAN AD LITEM

•To facilitate the best interest of the

child, the court may appoint a person,
where the case is pending for a child
who is a victim of, accused of, or a
witness to a crime to protect him
during the proceeding.
 EXAMINATION OF A CHILD WITNESS

IN-DEPTH INVESTIGATIVE INTERVIEW OR

DISCLOSURE INTERVIEW

•Is an injury proceeding conducted by duly

trained members of a multidisciplinary
team or representatives of law
enforcement or child protective services
for the purpose of determining whether
child abuse has been committed.
EXAMINATION OF A CHILD WITNESS
 PERSON ALLOWED AT
COMPETENCY
EXAMINATION
1. The judge and necessary court personnel;
2. The counsel for the parties;
3. The guardian ad litem;
4. One or more support person for the child;
5. The defendant, UNLESS the court
determines that competence can be fully
evaluated in his absence.
EXAMINATION OF A CHILD WITNESS

COURTROOM
ENVIRONMENT
•The court may in its discretion, direct and
supervise the location, movement and
deportment of all persons in the courtroom
including the parties, their counsels, child,
witnesses, support person,
guardian ad litem, facilitator, and other
personnel to CREATE a more comfortable
environment for the child.
 EXAMINATION OF A CHILD WITNESS
LIVE LINK TELEVISION TESTIMONY IN
CRIMINAL
CASES WHERE THE CHILD IS A VICTIM OR A
WITNESS
•A prosecutor, counsel for the guardian ad
litem may apply for an order that the
testimony be taken in a room outside the
courtroom and be televised by live-link
television.
•Apply at least 5 days before trial
date

JOINT TRIAL

• The rules allow joint trial of several accused. Since they

are jointly tried, every piece of evidence introduced at
the trial, regardless of who had offered it or on whose
behalf it had been submitted, could effect the whole
 case and everyone of said defendants, in so
far as relevant to them.
• EXCEPTION: unless the court, in its discretion and upon
motion of the prosecutor or any accused orders separate
trial for one or more accused.

DISCHARGE OF THE ACCUSED TO BE

A STATE WITNESS

• QUALIFICATION OF A STATE WITNESS:

1. There is no absolute necessity for
the testimony of the accused whose discharge is
requested;
2. There is no other direct evidence available for
the proper prosecution of the offense
committed, except the testimony of said
accused;
DISCHARGE OF THE ACCUSED TO BE
A STATE WITNESS
•QUALIFICATION OF A STATE
WITNESS:
3.The testimony of the said accused can
substantially corroborated in its material points;
4.Said accused does not appear to be the most
guilty;
Said accused has not at any time been convicted of
any offense involving moral turpitude.
 WITNESS PROTECTION
UNDER R.A. NO. 6981
• R.A. No. 6981 “An Act Providing for a Witness Protection,
Security and Benefit Program and for other Purposes” –is
the first option for a person who participated of a crime
to be a state witness.
• AVAILED BY: any person who has witnessed or has
knowledge or information of a crime and has testifies or
is testifying or about to testify before any judicial or
quasi-judicial body, or before any investigating authority
may admitted to this program.
 WITNESS GRANTED FROM
IMMUNITY FROM
SUIT
• 2 TYPES OF IMMUNITY TOA WITNESS FROM SUIT:
1. TRANSACTIONAL IMMUNITY-by its grant, a witness can
no longer be prosecuted for any offense whatsoever
arising out of the act or transaction.
2. USE AND DERIVATIVE USE IMMUNITY—a witness is only
assured that his particular testimony and evidence
 derived from it will not be used against
him in a subsequent prosecution.

EXCLUSION OF THE PUBLIC

IN TRIAL
•The judge may motu proprio exclude the public
from the courtroom if the evidence to be
produced during trial is offensive to decency or
public morals.
•He may also, on motion of the
accused exclude the public from trial EXCEPT
the court personnel and counsel of the parties.
CONSOLIDATION OF TRIALS OF
RELATED OFFENSES

• Charges for offense on the same facts or forming part

of a series of offenses of similar character may be
tried jointly at the discretion of the court.
• PURPOSE: to avoid multiplicity of suits,
guard against oppression or abuse, prevent delay,
clear congested dockets, simplify the work of the
trial court, and save unnecessary cost or expenses.

DEMURRER TO EVIDENCE

•A demurrer to evidence is defined as "an

objection by one of the parties in an
action, to the effect that the
evidence which his adversary produced is
insufficient in point of law, whether true or
not, to make out a case or sustain the
issue"
DEMURRER TO
EVIDENCE
• AFTER the prosecution rest its case,
the court may dismiss the case on the ground of
insufficiency of evidence:
1. On its own initiative after giving the prosecution
an opportunity to be heard;
2. Upon demurrer to evidence filed with or without
leave of court.
DEMURRER TO EVIDENCE
DENIED
• Accused may adduced evidence in his
defense.
• FILED WITHOUT LEAVE OF COURT: the accused waives the
right to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution.
• It shall specify the grounds and shall be filed within non-
extendible period of five (5) days after the prosecution rest
its case.
• Prosecution may opposed with the same period from its
receipt.