TRIAL

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.

Continuous trial (Adm. Cir. No. 4, September 22, 1988)

one where the courts are called upon to conduct the trial with
utmost dispatch, with judicial exercise of the court’s power to control
the trial to avoid delay and for each party to complete the presentation
of evidence with the trial dates assigned to him

PURPOSE: to expedite the decision or resolution of cases in the trial

courts
DUTIES OF THE PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL
1. Adhere faithfully to the session hours prescribed by laws
2. Maintain full control of the proceedings
3. Effectively allocate and use time and court resources to avoid court
delays
4. Continuous trial on a weekly or other short term trial calendar at
earliest possible time

FACTORS TO CONSIDER FOR GRANTING CONTINUANCE

1. Whether or not the failure to grant a continuance would likely
make a continuation of such proceeding impossible or result in a
miscarriage of justice
2. 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.

WHEN CONTINUANCE IS NOT GRANTED:

1. Congestion of court’s calendar;
2. Lack of diligent preparation;
3. Failure to obtain available witnesses on the part of the prosecutor
DELAYS 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:
- Delay resulting from an examination of the physical and mental condition of
the accused;
- Delay resulting from proceedings with respect to other criminal charges
against the accused;
- Delay resulting from extraordinary remedies against interlocutory orders;
- Delay resulting from pre-trial proceedings; provided, that the delay does not
exceed thirty (30) days;
- Delay resulting from orders of inhibition, or proceedings relating to
change of venue of cases or transfer from other courts;
- Delay resulting from a finding of the existence of a prejudicial question; and
- 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. He 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 mental incompetence or physical
inability of the accused 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 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 separate trial
has been granted.

(f) Any period of delay resulting from a continuance granted by any

court motu proprio, or on motion of either the accused or his counsel, or
the prosecution, if the court granted the continuance on the basis of its
findings set forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the accused in a
speedy trial.
TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES
GR: trial shall not exceed 180 days from the first day of trial
XPN:
1. Those governed by the rules on summary procedure
2. Those where the penalty prescribed by laws does not exceed 6 months
imprisonment or a fine of P1,000 or both;
3. Those authorized by the chief justice of the Supreme Court

EXTENDED TIME LIMIT

4. 180 days – for the 12 calendar month period from the effectivity of the
law
5. 120 days – for the 2nd 12-month period
6. 80 days – for the 3rd 12-month period
REMEDY WHERE ACCUSED IS NOT BROUGHT TO TRIAL WITHIN THE
TIME LIMIT:
the information may be dismissed on motion of the accused on the
ground of denial of his right of speedy trial.

- Accused shall have the burden of proving the motion

- Prosecution shall provide evidence to establish the exclusion of time
under sec. 3 of the rules

Failure of the accused to move for the dismissal prior to trial

- Waiver of the right to dismiss
ORDER OF TRIAL IN CRIMINAL CASES (Sec. 11)
1. Presentation of evidence by the prosecution to prove the charge
and, in proper cases, the civil liability
2. Accused may present evidence to prove his defense, and damages,
if any, arising from the issuance of a provisional remedy in the case
3. Prosecution may present rebuttal evidence unless the court, in
furtherance of justice, permits them to present additional evidence
bearing upon the main issue
4. Accused may present rebuttal evidence unless the court permits
them to present additional evidence bearing upon the main issue
5. 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 written memonranda
REVERSE TRIAL
- when the accused admits the act or omission in the complaint or
information but interposes a lawful defense, the trial court may allow
the accused to present his defense first and thereafter give the
prosecution an opportunity to present its rebuttal evidence.

WHEN RESORTED TO:

- there was an agreement
- not seasonably objected to
The accused may, upon motion with notice to the other parties, have witnesses
conditionally examined on his behalf before trial. The motion shall be supported
by an affidavit of the accused and such other evidence, as the court may require.

Motion shall state:

a)name and residence of the witness
b)the substance of his testimony
c)that the witness is:
- sick or infirm as to afford reasonable ground for believing that he will not
be able to attend the trial
-resides more than one hundred (100) kilometers from the place of trial
and has no means to attend the same
- that other similar circumstances exist that would make him unavailable
or prevent him from attending the trial.
Material Witness Bail (Sec 14)
- a bail imposed by the court if it believes that the material witness
will not testify when required.

Refusal to post bail – court shall commit such witness to prison until:
- he complies
- legally discharges after his testimony has been taken

TRIAL OF SEVERAL ACCUSED (JOINTLY CHARGED)

GR: tried jointly
XPN: upon motion of the prosecutor or any accused, the court shall
order separate trial
“… the resulting inconvenience and expense on the part of the Government
cannot be given preference over the right to speedy trial and the protection
to a person’s life, liberty, or property accorded by the Constitution.” (Dacanay
v. People, G.R. No. 101302)

CONDITIONS IN DISCHARGING THE ACCUSED IN ORDER FOR HIM TO BE A

STATE WITNESS:

1. Two or more accused are jointly charged with the commission of an

offense
2. The motion for discharge is filed by the prosecution before it rests its case
3. The prosecution is required to present evidence and the sworn statement
of each proposed state witness at a hearing in support of the discharge
4. The accused gives his consent to be a state witness
5. The trial court is satisfied that:
a) there is absolute necessity for the testimony of the accused
whose discharge is required;
b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of said
accused;
c) The testimony of said accused can be substantially corroborated in
its material points;
d) Said accused does not appear to be the most guilty; and
e) Said accused has not at any time been convicted of any offense
involving moral turpitude.
EFFECT IF ACCUSED IS TURNED TO BE A STATE WITNESS
- Amount to an acquittal
- Shall be a bar to future prosecution for the same offense

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.

CONSEQUENCES IF THE COURT DENIED THE DEMURRER TO EVIDENCE:

a) If the demurrer to evidence is with leave of court, the accused may present his
evidence
b) If the demurrer to evidence is without leave of court, the accused cannot
present his evidence.
WHEN TO FILE THE MOTION FOR LEAVE OF COURT TO FILE DEMURRER
TO EVIDENCE
• Within a non-extendible period of 5 days after the prosecution rested
its case
• The prosecution may oppose the motion within the non-extendible
period of 5 days from its receipt

If a leave of court is granted, the accused shall file the demurrer to

evidence within a non-extendible period of 10 days from notice.

The prosecution may oppose the demurrer to evidence within a similar

period from its receipt.
REOPENING OF A CASE
- done at any time before finality of the judgment of conviction
- motu proprio or upon motion, with hearing in either case

Purpose: avoid miscarriage of justice

The proceedings shall be terminated within 30 days from the order

granting it.
JUDGMENT
RULE 120
JUDGMENT- adjudication by the court that the accused is
guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability,
if any.

REQUISITES OF A VALID JUDGMENT:

1. written in the official language
2. personally and directly prepared by the Judge and
signed by him
3. contain clearly and distinctly a statement of the facts
and law upon which it is based.
CONTENTS OF THE JUDGMENT:
1. OF CONVICTION:
a) The legal qualification of the offense constituted by the
acts committed by the accused
b) The aggravating or mitigating circumstances which
attended its commission
c) The participation of the accused in the offense
(principal, accomplice, or accessory)
d) Penalty imposed upon accused
e) Civil liability or damages, if any
2. OF ACQUITTAL:
a) Whether the evidence of the prosecution absolutely failed
to prove the guilt of the accused; or
b) Merely failed to prove his guilt beyond reasonable doubt.

Duplicitous complaint or information

When 2 or more offenses are charged in a single complaint or
information but the accused fails to object to it before trial, the
court may convict him of as many offenses as charged and
proved, and impose on him the penalty of each offense, setting
out separately the findings of fact and law in each offense.
VARIANCE DOCTRINE

GR: An accused can be convicted of an offense only when it

is both charged and proved

XPN: When the offense as charged is included in or necessarily

includes the offense proved, the accused shall be convicted of
the offense proved which is included in the offense charged,
or of the offense charged which is included in the offense
proved.
SEC. 5
An offense charged necessarily includes the offense proved
when some of the essential elements or ingredients of the
former, as alleged in the complaint or information, constitute
the latter. And an offense charged is necessarily included in
the offense proved, when the essential ingredients of the
former constitute or form part of those constituting the latter
PROMULGATION OF JUDGMENT
- official proclamation or announcement of judgment. It
consists of reading the judgments or sentence in the presence of
the accused and any judge of the court rendering the judgment.

• As a rule, a judgment is promulgated by reading it in the

presence of the accused and any judge of the court in which it
was rendered. However, if the conviction is merely for a light
offense, the judgment may be pronounced in the presence of
his counsel or representative. The judgment may be
promulgated by the clerk of court if the judge is absent
oroutside the province or city.
• If the accused is confined or detained in another province or
city, the judgment may be promulgated by the executive
judge of the Regional Trial Court having jurisdiction over the
place of confinement or detention upon request of the court
which rendered the judgment. The court promulgating the
judgment shall have authority to accept the notice of appeal
and to approve the bail bond pending appeal. If the decision
of the trial court convicting the accused changed the nature
of the offense from non-bailable to bailable, the application
for bail can only be filed with and resolved by the appellate
court
• If the accused fails to appear at the scheduled promulgation of
judgment despite notice, the promulgation shall be made by
recording the judgment in the criminal docket and serving him a
copy thereof at his last known address or thru his counsel.

• If the judgment is for conviction, and the failure of the accused to

appear was without justifiable cause, he shall lose the remedies
available in the Rules of Court against the judgment and the court
shall order his arrest. Within fifteen (15) days from promulgation of
judgment, however, the accused may surrender and file a motion
for leave of court to avail of the remedies. He shall state the reason
for his absence and if he proves the absence was justified, he shall
be allowed to avail of the remedies within fifteen (15) days from
notice.
• A judgment of conviction may be modified or set aside upon
motion of the accused, before the judgment becomes final
or before appeal is perfected.

A judgment becomes final:

(a) after the lapse of the period for perfecting an appeal, or
(b) when the sentence has been partially or totally satisfied or
served, or
(c) when the accused has waived in writing his right to appeal,
or
(d) has applied for probation
 NEW TRIAL OR
RECONSIDERATION
RULE 121
GRANTING OF NEW TRIAL
- on motion of the accused
- Motu proprio with consent of the accused

*any time before judgment of conviction becomes final

GROUNDS FOR NEW TRIAL:

(a) That errors of law or irregularities prejudicial to the substantial rights
of the accused have been committed during the trial;
(b) That new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial and which if introduced and admitted would
probably change the judgment.
REQUISITES OR STANDARDS FOR NEW TRIAL ON GROUND OF
NEWLY DISCOVERED EVIDENCE:
a) The evidence was discovered after the trial
b) Such evidence could not have been discovered and
produced at the trial with reasonable diligence
c) Evidence is material, not merely cumulative, corroborative
or impeaching, and is of such weight that, if admitted, will
probably change the judgment.

*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

The motion for new trial or reconsideration shall be in writing

and shall state the grounds on which it is based. If based on
newly-discovered evidence, the motion must be supported by
affidavits of witnesses by whom such evidence is expected to be
given or by duly authenticated copies of documents which are
proposed to be introduced in evidence.
Notice of the motion for new trial or reconsideration shall be
given to the prosecutor.
Where a motion for new trial calls for resolution of any question of
fact, the court may hear evidence thereon by affidavits or otherwise.

Effects of granting a new trial or reconsideration

(a) When a new trial is granted on the ground of errors of law or
irregularities committed during the trial, all the proceedings and
evidence affected thereby shall be set aside and taken anew. The
court may, in the interest of justice, allow the introduction of
additional evidence.
(b) When a new trial is granted on the ground of newly-discovered
evidence, the evidence already adduced shall stand and the newly-
discovered and such other evidence as the court may, in the
interest of justice, allow to be introduced shall be taken and
considered together with the evidence already in the record
(c) In all cases, when the court grants new trial or
reconsideration, the original judgment shall be set aside or
vacated and a new judgment rendered accordingly.

The effect of an order granting a new trial is to wipe out the

previous adjudication so that the case may be tried de novo for
the purpose of rendering a judgment in accordance with law,
taking into consideration the evidence to be presented during
the second trial. Consequently, a motion for new trial is proper
only after the rendition or promulgation of a judgment or
issuance of a final order. A motion for new trial is only available
when relief is sought against a judgment and the judgment is
not yet final. (Samonte v. Samonte, 1975)
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