THE REVISED GUIDELINES FOR

CONTINUOUS TRIAL OF CRIMINAL CASES

AND THE PROSECUTION SERVICE’S

MINIMUM REQUIREMENTS
FOR COURT SUCCESS
 THE REVISED GUIDELINES FOR
CONTINUOUS TRIAL OF CRIMINAL CASES
( A.M. No. 15-06-10-SC )

APPROVED : 25 April 2017

EFFECTIVE : 1 September 2017

 IMPORTANT FEATURES
Applicability
- newly filed cases
- pending criminal cases

Not applicable to cases filed under the Rule on

Summary Procedure
 IMPORTANT FEATURES
Procedure

a.) Trial - Monday to Thursday; 8:30 AM and 2:00 PM

b.) Motions, Arraignment & Pre-trial - Fridays; 8:30 AM

 IMPORTANT FEATURES
Procedure
c.) Prohibited Motions:
- Motion to Suspend Arraignment when not based on
Sec. 11, Rule 16 ( unsound mental condition, prejudicial
question, petition for review with DOJ or OP )
 IMPORTANT FEATURES
Procedure
c.) Prohibited Motions:
- Motion for Postponement, EXCEPT if it is based on
Acts of God, force majeure or physical impossibility of the
witness to appear and testify
 IMPORTANT FEATURES
Procedure
d.) Arraignment & Pre-trial:

- Notice to be sent to accused, counsel, private complainant or

complaining law enforcement agent, public prosecutor and witnesses
whose names appear in the Information for purposes of plea-
bargaining, arraignment & pre-trial.
 IMPORTANT FEATURES
Procedure
e.) Case Timeline:
- Regular Rules

Promulgation of
Presentation of Decision
Arraignment Prosecution’s & (90 days from
& Pre-trial 30 days Accused’s Evidence submission of case for
(6 mos./ 180 days) decision)
 IMPORTANT FEATURES
Procedure
e.) Case Timeline:
- Special Laws / Rules: Drug Cases

Presentation of Promulgation of
Prosecution’s & Decision
Arraignment Accused’s Evidence (15 days from
& Pre-trial (2 mos./ 60 days from submission of case for
filing of information) decision)
 IMPORTANT FEATURES
Procedure
f.) Conduct of Pre-trial:
- To proceed despite absence of accused and/or private
complainant, provided duly notified, and counsel as well as public
prosecutor are present

- Stipulations to be done with active paticipation of the court

 IMPORTANT FEATURES
Procedure
f.) Conduct of Pre-trial:
- The documentary evidence of the prosecution and the
accused to be marked

- Pre-trial Order to be immediately served on the parties and

counsels on the same day pre-trial is terminated
 IMPORTANT FEATURES
Procedure
g.) Bail:
- Where filed after the filing of the Information, to be set for
summary hearing after arraignment & pre-trial, to be heard and
resolved within a non-extendible period of 30 calendar days from the
date of the first hearing, EXCEPT in drug cases, which are to be heard and
resolved within 20 calendar days
 IMPORTANT FEATURES
Procedure
g.) Bail:
- Testimony (2nd level courts), where the demeanor of witness
is not essential in determining the credibility of such witness
( forensic chemist, medico-legal officer, investigator, auditor,
accountant, engineer, custodian, expert witness & similar witness who will
testify on authenticity, due execution and contents of public documents
and reports ) & in cases that are transactional in character
 IMPORTANT FEATURES
Procedure
g.) Bail:
- ( falsification, malversation, estafa ) or crimes where
culpability or innocence of accused can be established through documents,
the testimonies of the witnesses are the subscribed written statements
given to law enforcement or peace officers or affidavits or counter-
affidavits submitted before investigating prosecutor. If not available,
testimonies to be in the form of judicial affidavit. In all other cases testimony
shall be in oral form
 IMPORTANT FEATURES
Procedure
h.) Offer of Evidence:
- To be made orally on the same day after the presentation of
last witness and opposing party to immediately interpose objection.
Thereafter, the court to make a ruling on the offer of evidence in open
court
 IMPORTANT FEATURES
Procedure
i.) One-day examination of witness rule:
- Court to strictly adhere to rule that a witness has be be fully
examined in one day
 THE RULES ARE STRINGENT AND THE COURTS WILL
COMPLY WITH THEM BECAUSE NON-COMPLIANCE IS A
GROUND FOR DISCIPLINARY ACTION

THUS, THE COURTS WILL ALSO REQUIRE THE

PROSECUTION TO STRICTLY ABIDE BY THE RULES

SO, WHAT MAY IMPEDE THE PROSECUTION FROM PARTICULARLY

COMPLYING WITH THE RULES?

AND HOW MAY IT COMPLY?

 “
The Stumbling Block

READINESS WITH
EVIDENCE
 “
The Stumbling Block

Using the Guidelines as a standard for readiness, there is a

necessity for evidence to be available and ready from the
time an inquest case is filed before the prosecution office, or
from the time a regular case is filed in court
 “
The Stumbling Block

Unfortunately, however, this is not the case at present

 “
The Stumbling Block

a) Originals of documentary evidence are not available

or ill-prepared

b) Autoptic or object evidence are inaccessible if not

unavailable
 “
The Stumbling Block

c) Sworn Statements of witnesses are ill prepared

d) Identities, contact mechanics and/or availability of

key witnesses are not guaranteed or provided
 “
The Stumbling Block

THESE WILL PREVENT THE PROSECUTION FROM

GOING TO COURT FOR THE FIRST TIME ----FOR
PURPOSES OF ARRAIGNMENT & PRE-TRIAL ----
READY TO FULLY PROSECUTE THE CASE
 The Solution

CASES WELL PREPARED THROUGH TIGHTLY

COORDINATED EFFORTS OF LAW ENFORCEMENT
AND THE PROSECUTION WILL SAVE THE DAY
 What to Prepare

1. SWORN STATEMENTS

Must be carefully prepared, taking care to include the

important details of the case to ensure the completeness of
the elements of the offense being charged
 What to Prepare

1. SWORN STATEMENTS

Statements must be taken from all witnesses,

especially eyewitnesses and those whose demeanor is not
essential in determining their credibility
 What to Prepare

1. SWORN STATEMENTS

THE FIRST AND ORIGINAL COPY OF SUCH

SWORN STATEMENTS SHALL BE FILED WITH THE
PROSECUTION OFFICE AT THE TIME THE CASE IS
FILED, SUCH STATEMENTS TO BE CONTAINED IN A
SEPARATE FOLDER OR ENVELOPE
 What to Prepare

2. DOCUMENTARY EVIDENCE

All documents necessary and important to prove the

crime, and all those which may help bolster the case shall be
made available in their originals, or authenticated copies
 What to Prepare

2. DOCUMENTARY EVIDENCE

ORIGINAL AND/OR AUTHENTICATED COPIES OF

SUCH DOCUMENTS SHALL BE FILED WITH THE
PROSECUTION OFFICE AT THE TIME THE CASE IS FILED,
SUCH DOCUMENTS TO BE CONTAINED IN THE SAME
FOLDER OR ENVELOPE CONTAINING THE SWORN
STATEMENTS
 What to Prepare

3. AUTOPTIC OR OBJECT EVIDENCE

All articles constituting objects necessary and important

to prove the crime, and all those which may help bolster the case
shall be made available, together with duly authenticated
photographs thereof
 What to Prepare

3. AUTOPTIC OR OBJECT EVIDENCE

Such articles shall remain in the possession of legal

custodians but receipts therefor shall be prepared, which shall
contain the full name, designation, office and home address,
contact number(s) and email address of the custodian
 What to Prepare

3. AUTOPTIC OR OBJECT EVIDENCE

THE AUTHENTICATED PHOTOGRAPHS AND

RECEIPTS SHALL BE FILED WITH THE PROSECUTION
OFFICE AT THE TIME THE CASE IS FILED, SUCH
DOCUMENTS TO BE CONTAINED IN THE SAME FOLDER
OR ENVELOPE CONTAINING THE SWORN STATEMENTS
AND OTHER DOCUMENTARY EVIDENCE
 What to Prepare

4. COMPREHENSIVE LIST OF WITNESSES AND

EVIDENCE

A list of witnesses (including their home and office

address, contact number(s), and email address) and a list of
evidence (documentary and autoptic) shall also be filed before
the Prosecution Office
 What to Prepare

4. COMPREHENSIVE LIST OF WITNESSES AND

EVIDENCE

SUCH LIST SHALL BE FILED AT THE TIME THE

CASE IS FILED BEFORE THE CITY PROSECUTION
OFFICE AND CONTAINED IN THE SAME FOLDER OR
ENVELOPE CONTAINING THE SWORN STATEMENTS
AND DOCUMENTARY EVIDENCE
 A FAITHFUL COMPLIANCE ON THE PART OF LAW
ENFORCEMENT AND THE PROSECUTION OFFICE’S
DUTIFUL PREPARATION CAN ONLY LEAD TO SUCCESS

COMPLIANCE
LAW PROSECUTION
ENFORCEMENT
& OFFICE
CONVICTION
 😉
👉 Thanks!