Rule 119, Trial

Section 1, Time to Prepare

Sections 2 to 6, inclusive, Section 9, and 10, Continuous Trial and Time Rules; Invocation of Speedy Trial
Not Bar to Any Charge of Denial of Right to Speedy Trial (Section 14[2], Article III, Consti)
AM No. 15-6-10-SC, 2017
AM No. 12-11-2-SC, 2014
SC Circular No. 38-98 dated 11 August 1998; RA 8493 (Speedy Trial Law)
Rule on Examination of Child Witness (AM No. 004-07-SC)
Section 7, Public Attorney’s Duty When Accused is Detained or Imprisoned
Section 8, Sanctions
Section 11, Order of Trial; also Section 22, Consolidation of Trial and Section 21, Exclusion of the Public
Sections 12, 13, and 15, Discovery Methods
Section 14, Bail to Secure Appearance; cf. Rule 114 (another “specie” of Bail)
Section 16, Trial of Several Accused
Sections 17 and 18, State Witness Rule; also RA 6981
Transactional Immunity vs. “Use and Derivative Use” Immunity
Section 19, Mistake in Charging Proper Offense
Section 20, Acting Prosecutor
Section 23 Demurrer to Evidence
- distinguish from Section 1, Rule 33, Demurrer to Evidence in Civil Cases
AM No. 15-06-10-SC (Demurrer Aspect)
Section 24, Reopening
Court Proceedings for Youthful Offenders, Chapter 4, RA 9344

1. People v. De Grano, GR No. 167710, 2009

2. Ibañez v. People, GR No. 190798, 2016
3. Go v. People, GR No. 185527, 2012

On State Witnesses …

4. Jimenez v. People, GR No. 209195, 2014

5. People v. Mendiola, 82 Phil. 473
6. Chua v. Court of Appeals, GR No. 103387, 1996
7. Mangubat v. Sandiganbayan, GR Nos. 103397, 1996

On Demurrer to Evidence …

8. People v. Laguio, GR Nos. 128587, 2007

9. People v. Sandiganbayan, GR No. 197953, 2015
10. Arroyo v. People, GR No. 220598, 2016;
11. also Aguas v. Sandiganbayan, GR No. 220953, 2016
12. Salazar v. People, et al., GR No. 151931, 2003

Rule 120, Judgment

Sections 1 and 2, Definition, Form, and Contents

Section 14, Article VIII, Consti
Section 3, Two or More Offenses
Section 4, Variance Between Allegation and Proof
Section 5, Offense Includes or is Included in Another
Section 6, Promulgation
Section 7, Modification
Section 8, Entry of Judgment
Section 9, Suspension of Sentence, Probation, or Parole
Sections 37 and 38, RA 9344 – Sentencing Youthful Offenders

People v. Chi Chan Liu, GR No. 189272, 2015

People v. Pareja, GR No. 202122, 2014
Salvador v. Chua, GR No. 212865, 2015
Colinares v. People, GR No. 182748, 2011

Ramos v. Gonong, GR No. L-42010, 1976

People v. Jalandoni, GR No. 57555, 1984

Rule 121, (Motion for ) New Trial or Reconsideration (MNT or MR)

Section 1, When Filed/When Granted

Section 2, Grounds for New Trial
Section 3, Ground for Reconsideration
Section 4, Hearing on Motion
Section 5, Effects

Ybiernas v. Tanco-Gabaldon, GR No. 178925, 2011(Newly Discovered Evidence)

Rule 122, Appeal

Section 1, Who
Section 2, Where to
Section 3, How Appeal Taken; relate to Rules 42 and 45, as well as Section 13, Rule 124
Section 9, Appeal to the Regional Trial Court (RTC)
Section 6, When
Sections 4 and 5, Notice of Appeal; Waiver
Section 7, TSNs
Section 8, Transmission of Records to Appellate Court
Section 10, Transmission of Records if Death Penalty (but see RA 9346)
Section 11, Appeal By Any of Several Accused
Section 12, Withdrawal of Appeal
Section 13, Counsel de Oficio for Accused on Appeal; relate to Section 2, Rule 124

AAA v. Court of Appeals, GR No. 183652, 2015

People v. Hon. Velasco, GR No. 127444, 2000, supra
Cariño v. De Castro, GR No. 176084, 2008
People v. Mamaril, GR No. 171980, 2010
Yu v. Tatad, GR No. 170979, 2011, cf. Neypes v. Court of Appeals, GR No. 141524, 2005 (just note the
period)
People v. Repata, GR No. 200302, 2016
Abalos v. People, GR No. 136994, 2002 (What Can’t Be Raised)
People v. Abesamis, GR No. 140985, 2017

Appeal to CA of Ombudsman Administrative Cases v. Review by SC of Ombudsman Resolution Finding

Probable Cause of Criminal Liability

Fabian v. Desierto, 356 Phil. 787 (1988)

Kuizon v. Desierto, 406 Phil. 611 (2001)
Gatchalian v. Office of the Ombudsman, et al., GR No. 229288, 2018
(and related cases cited therein)

Rule 123, Section 1, MTC/MCTC Procedure; relate to Revised Rule on Summary Procedure

Rule 124, Procedure in the CA

Section 1, Title of the Case

Section 2, Counsel de Oficio
Sections 3, 4 and 5, Time for Filing Respective Briefs; Extension of Time
Sections 6 and 7, Form and Contents of Briefs; relate to Sections 13 and 14, Rule 44; also AM No. 11-9-
4-SC (Efficient Use of Paper Rule)
Section 8, Abandonment or Failure to Prosecute
Section 9, Prompt Disposition
Section 10, “Substantial Error” Rule
Section 11, Scope of Judgment
Section 12, Power to Receive Evidence
Section 13, Certification or Appeal to SC (cf. RA 9346)
Sections 14 and 15, MNT (relate to Section 4, Rule 121)
Section 16, MR
Section 17, Transmittal of Judgment to Trial Court
Section 18, Application of Some Rules in Civil Procedure

Rule 125, Procedure in SC

Section 1, Uniform with CA (general rule)

Section 2, Review of CA Decisions
Section 3, Decision if Opinion Equally Divided in En Banc.

Musings on Post-Conviction Review

Galman v. Sandiganbayan, GR No. 72670, 1986

Santiago v. Alikpala, GR No. 25133, 1968
Velasco v. Court of Appeals, GR No. 118644, 1995
Rule 102, Habeas Corpus
Bautista, A.R., Habeas Corpus as a Post-Conviction Remedy, 75 Phil. L.J. 553 (2001)