Trial: RULE 119
Trial: RULE 119
RULE 119
TRIAL – the examination before a competent tribunal according to the laws of
the land, of facts put in issue in a case for the purpose of determining such
issue.
After a plea of not guilty is entered, the accused shall have at least fifteen (15)
days to prepare for trial.
COMMENCEMENT:
- within 30 days from receipt of pre-trial order.
- If the accused is to be tried again pursuant to an order for a new trial, the
trial shall commence within 30 days from notice of the order granting a new
trial.
NOTE: Period may be extended to one not exceeding 180 days from notice of
order if period becomes impractical due to unavailability of witness and other
factors.
Sec. 2, Rule 119
The trial once commenced, shall continue from day to day as far as
practicable until terminated. However, it may be postponed for a
reasonable period of time for good cause.
(c) Any period of delay resulting from the mental incompetence or physical
inability of the accused to stand trial.
Refusal to post bail – court shall commit such witness to prison until:
- he complies
- legally discharges after his testimony has been taken
XPN:
- Accused fails or refuses to testify against his co-accused in accordance
with his sworn statement
SECTION 19. WHEN MISTAKE HAS BEEN MADE IN CHARGIND THE
PROPER OFFENSE
When the offense proved is neither included in, nor does it include the
offense charged and is different therefrom, the court should dismiss the
action and order the filing of a new information charging the proper
offense.
This rule is predicated on the fact that an accused person has the right
to be informed of the nature and cause of the accusation against him,
and to convict him of an offense different from that charged in the
complaint or information would be an unauthorized denial of that right.
(US v. Campo, 23 Phil 369)
EXCLUSION OF THE PUBLIC (sec. 21)
The judge may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during the trial is offensive to
decency or public morals. He may also, on motion of the accused,
exclude the public from the trial except court personnel and the
counsel of the parties.
CONSOLIDATION OF TRIALS
- offenses are founded on the same facts
- offenses form part of a series of offenses of similar character
*at the discretion of the court
DEMURRER TO EVIDENCE – 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.
After prosecution rested its case, the court may dismiss the case for insufficiency of
evidence:
- court’s own initiative after the prosecution is heard; or
- upon demurrer to evidence filed by the accused with or without leave of court.
*the applicant for new trial has the burden of showing that the
new evidence he seeks to present has complied with the
requisites to justify the holding of a new trial.
Ground for reconsideration:
- errors of law
- Errors of fact in the judgment