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RULE 119 - TRIAL Section 1. Time to prepare for trial. After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order.

TRIAL

It is the examination before a competent tribunal according to the laws of the land, of

the facts put in issue in a case for the purpose of determining such issue presentation of evidence (material or testimonial) for both parties in court. refer to the reception of evidence and other processes. It embraces the period for the introduction of evidence by both parties

HEARING It is not confined to trial but embraces the several stages of litigation, including the pre-trial stage. Doesnt necessarily mean presentation of evidence. It doesnt necessarily imply the presentation of oral or documentary evidence in open court but that the parties are afforded an opportunity to be heard.
HOW MUCH TIME DOES THE ACCUSED HAVE TO PREPARE FOR TRIAL? After he enters his plea of not guilty, the accused shall have at least 15 days to prepare for trial The trial shall commence within 30 days from receipt of the pretrial order HOW LONG SHOULD THE TRIAL LAST? The entire trial period should not exceed 180 days from the first day of trial, except if authorized by the SC Sec. 2. Continuous trial until terminated; postponements. Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY TRIAL? Continuous trial systema tool for the early and expeditious disposition of a case WHAT IS THE CONTINUOUS TRIAL SYSTEM? Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court. HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM? There must be a time limit within which the case should be terminated WHAT ARE THE DUTIES OF THE PRESIDING JUDGE UNDER THECONTINUOUS TRIAL SYSTEM? 1. Adhere faithfully to the session hours prescribed by laws 2. Maintain full control of the proceedings 3. Efficiently allocate and use time and court resources to avoid court delays

CASES WHERE TIME LIMITATION IS INAPPLICABLE: 1. Criminal cases covered by the Rule on Summary Procedure or those where the penalty does not exceed 6 months imprisonment or a fine of P1,000 as governed by the Rules on Summary Procedure 2. When the offended party is about to depart with no definite date of return 3. Child abuse cases 4. Violations of Dangerous Drugs Law

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5. Kidnapping, robbing in a band, robbery against banking or financial institution, Violation of Carnapping Act and other heinous crimes
WHAT IS HABEAS CORPUS? A writ or order requiring that a prisoner be brought before a judge or into court to decide whether he is being held lawfully. WHY IS HABEAS CORPUS CONSIDERED AN EXCEPTION TO THE EXCEPTION? Because it is a prerogative writ and therefore must be decided upon immediately by the court The habeas corpus proceeding must take precedence over all other cases because it involves the liberty of the person WITHIN HOW MANY HOURS SHOULD A JUDGE RESOLVE A HABEAS CORPUS PROCEEDING? Within 48 hours or 2 days Sec. 3. Exclusions. - The following periods of delay shall be 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: (1) Delay resulting from an examination of the 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, that the delay does not exceed thirty (30) days; (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 a finding of existence of a prejudicial question; and (7) 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. What are the periods that should be excluded in computing the time within which trial must commence? 1. Any period of delay resulting from other proceedings concerning the accused 2. Any period resulting from the absence or unavailability of an essential witness. 3. Any period of delay resulting from mental incompetence or physical inability of the accused to stand trial. 4. 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. (say what?) 5. 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 not motion for separate trial has been granted.

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6. Any period of delay from a continuance granted by any court motu propio, or on motion of either the accused or his counsel, or the prosecution, if the court granted it on the basis of finding that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. What are examples of other proceedings concerning the accused which should be excluded from the computation of time? 1. Delay resulting from an examination of the 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 that the delay does not exceed 30 days; 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 a finding of the existence of a prejudicial question 7. Delay reasonably attributable to any period not to exceed 30 days during which any proceeding concerning the accused is actually under advisement. WHEN IS AN ESSENTIAL WITNESS CONSIDERED ABSENT? An essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence WHEN IS AN ESSENTIAL WITNESS CONSIDERED UNAVAILABLE? He shall be considered whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence Sec. 4. Factors for granting continuance. The following factors, among others, shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule. (a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and (b) 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. In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of the courts calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. WHAT IS A CONTINUANCE? A continuance is a postponement of trial What are the factors for granting a continuance/postponement? 1. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and 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. *No continuance shall be granted because of congestion of the courts calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. Is the grant of a motion for continuance or postponement a matter of right? No. It is a matter of discretion on the part of the court. If the accused is not brought to trial within the time limit required, what is the remedy? The accused should move to dismiss the information of the ground of denial of his right to speedy trial. He shall have the burden of proving the motion, but the prosecution shall have the burden or proving that the delay was covered by the allowed exclusions of time. If the complaint or information is dismissed, the accused can plead double jeopardy to a subsequent prosecution. *The accused must move to dismiss before actually going to trial. Otherwise, it is a waiver of the right to dismiss. Sec. 5. Time limit following an order for new trial. If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend but not to exceed one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred eighty (180) days from notice of said order for new trial. Sec. 6. Extended time limit. - Notwithstanding the provisions of section 1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision

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shall be one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days. WHEN SHOULD THE TRIAL COMMENCE AFTER THE ISSUANCE OF ORDER FOR NEW TRIAL? The trial shall commence within 30 days from the notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend it It is not to exceed 180 days from notice of said order for new trial HOW SHOULD THE SECOND 12-MONTH PERIOD BE COUNTED IN CASE OF A NEW TRIAL? The time limit shall be 180 days from notice of said order for new trial HOW LONG SHOULD THE TIME LIMIT BE? General rule is 180 days from arraignment to trial For the second 12-month period, the time limit shall be 120 days For the third 12-month period, the time limit shall be 80 days Sec. 7. Public attorneys duties where accused is imprisoned. If the public attorney assigned to defend a person charged with a crime knows that he latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: (a) Shall 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 and demand trial. (b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney. (c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. (d) When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial, the prisoner shall be made available accordingly. WHAT ARE THE DUTIES OF THE PUBLIC ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS IMPRISONED? 1. He shall 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 advise the prisoner of his right to demand trial 2. Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and his right to demand trial. If at anytime thereafter, the prisoner informs the custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney 3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial 4. When the person having custody 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 be made available accordingly. Sec. 8. Sanctions. In any case in which private counsel for the accused, the public attorney, or the prosecutor: (a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial; (b) Files a motion solely for delay which he knows is totally frivolous and without merit; (c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or (d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor, as follows: (1) By imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding twenty thousand pesos (P20,000.00); (2) By imposing on any appointed counsel de officio, public attorney, or prosecutor a fine not exceeding five thousand pesos (P5,000.00); and (3) By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules. WHAT ARE THE ACTS TO WHICH THE PRIVATE COUNSEL FOR THE ACCUSED, THE PUBLIC ATTORNEY OR PROSECUTOR CAN BE MADE TO ANSWER FOR?

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1. Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial; 2. Files a motion solely for delay which he knows is totally frivolous and without merit; 3. Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or 4. Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor WHAT ARE THE SANCTIONS THAT MAY BE IMPOSED UPON AN ATTORNEY FOR THE AFOREMENTIONED? 1. By imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding twenty thousand pesos (P20,000.00); 2. By imposing on any appointed counsel de officio, public attorney, or prosecutor a fine not exceeding five thousand pesos (P5,000.00); and 3. By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules. Sec. 9. Remedy where accused is not brought to trial within the time limit. If the accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by Section 6 of this Rule, the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under section 3 of this rule. The dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section. IF THE ACCUSED ISNT BROUGHT TO TRIAL WITHIN THE TIME LIMIT REQUIRED, WHAT IS THE REMEDY? The accused should move to dismiss the information, on the ground of denial of his right to speedy trial He shall have the burden of proving the motion, but the prosecution shall have the burden or proving that the delay was covered by the allowed exclusions of time If the complaint or information is dismissed, the accused can plead double jeopardy to a subsequent prosecution The accused must move to dismiss before actually going to trial. Otherwise, it is a waiver of the right to dismiss Sec. 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution. No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by Section 14(2), Article III, of the 1987 Constitution. N.B: The constitutional provision is broad while the law on speedy trial is more specific and gives effectivity to the constitutional provision. Sec. 11. Order of trial. The trial shall proceed in the following order: (a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case. (c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. (e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. WHAT IS THE ORDER OF TRIAL? 1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. 2. The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case. 3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. 4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. 5. When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.

Rebuttal- to refute evidences by the defense Sur-Rebuttal -to refute evidences by the prosecution

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WHY DOES THE TRIAL BEGIN WITH THE PROSECUTION? Prosecution begins because it has the burden of proving the guilt of the accused relying on the strength of its own evidence and not on the weakness of the defense WHAT IF THERE IS NOT ENOUGH EVIDENCE TO PROVE GUILT BEYOND REASONABLE DOUBT? If there is not enough evidence to prove the accuseds guilt beyond reasonable doubt, then the defense should file a demurrer to evidence. The accused need not present evidence on his behalf. Unless there is a reverse trial, there is no need to prove the commission of the offense because the crime is admitted Distinguish between a negative defense and an affirmative defense. A negative defense requires the prosecution to prove the guilt of the accused beyond reasonable doubt. In a negative defense, the accused claims that one of the elements of the offense charged is not present. It is incumbent upon the prosecution to prove the existence of this element. For example, in illegal possession of firearms, the accused may interpose the negative defense that he had a license to carry the firearm. He cannot be compelled by the prosecution to present the license. It is the duty of the prosecution to prove the absence of the license, which is an essential element of the offense charged. On the other hand, in an affirmative defense, the accused admits the act or omission charged, but interposes a defense, which if proven, would exculpate him. For example, the accused admits killing the victim, but he claims that he did it in self-defense. In this case, the burden of proving the elements of self-defense belong to the accused. There will be a reverse trial in which the accused will prove the elements of self-defense. This is because the accused admits the act or omission already. The prosecution need not prove it anymore. The accused must now present evidence to justify the commission of the act. Sec. 12. Application for examination of witness for accused before trial. When the accused has been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony; and (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, or resides more than one hundred (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 prevent him from attending the trial. The motion shall be supported by an affidavit of the accused and such other evidence as the court may require. Sec. 13. Examination of defense witness; how made. If the court is satisfied that the examination of a witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken. Sec. 14. Bail to secure appearance of material witness. When the court is satisfied, upon proof of oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. Sec. 15. Examination of witness for the prosecution. When it is satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, of has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused. WHO MAY EXAMINE A DEFENSE WITNESS? WHAT ABOUT A PROSECUTION WITNESS? A defense witness may be examined by any judge, or by any member of the bar in good standing designated by the judge, or before an inferior court On the other hand, a prosecution witness may only be examined before the judge of the court where the case is pending WHAT IS THE REMEDY OF A PARTY IN CASE OF AN UNAVAILABILITY OF A WITNESS?

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The party can avail of the modes of discovery, particularly depositionin the manner of questions and answers to be answered by the witness The examination shall be CONDITIONAL

Conditional examination- to preserve his testimony (perpetuation of testimony)

Application for Conditional Examination (defense) Not moto propio but with notice to the parties When the witness is sick and infirm Resides more than 100km from place of trial and no means to attend the same Other similar circumstances Upon judge, or lower court, or member of the bar in good standing Conditional Examination ( Prosecution) Sick or infirm Leaves the country with no definite date of return

Conditional because as soon as the witness is available, witness should testify in court. Affidavit vs. testimony = Testimony wins
WHO WILL CONDUCT THE DEPOSITION? It depends if its a witness for the prosecution or defense If the witness is for the defense, the deposition can by done by the judge, if impracticable, by a member of the bar in good standing designated, or by an inferior court If the witness is for the prosecution, the deposition can only be done by the judge WHY ARE MODES OF DISCOVERY ALLOWED? The purpose is not to frustrate the ends of justice Purpose also is to obviate proceedings A party may have a witness for his behalf but due to reasonable circumstances, the witness essential to his case would be unavailable and will not be able to attend WHY IS EXAMINATION OF THE WITNESSES FOR THE PROSECUTION CONDUCTED BEFORE THE JUDGE? To examine the deportment of the witness Sec. 16. Trial of several accused. When two or more accused are jointly charged with an offense, they shall be tried jointly unless the court, in its discretion and upon motion of the prosecutor or any accused, orders separate trial for one or more accused. IF THERE ARE 2 OR MORE ACCUSED, SHOULD THEY BE TRIED JOINTLY OR SEPARATELY? (requisites) As a general rule, 1. when 2 or more accused; 2. are jointly charged with an offense; 3. they shall be tried jointly However, the court in its discretion and upon motion of the prosecutor or any accused, may order separate trial for one of the accused

*The filing of the motion should be done before the prosecution commences the presentation of the evidence.
WHAT HAPPENS TO THE EVIDENCE PRESENTED IN THE TRIAL OF THE OTHER ACCUSED IF A SEPARATE TRIAL IS GRANTED? When a separate trial is demanded and granted, it is the duty of the prosecution to repeat and produce all its evidence at each and every trial, unless it has been agreed by the parties that the evidence for the prosecution wouldnt have to be repeated at the second trial and all the accused had been present during the presentation of the evidence of the prosecution and their attorney had the opportunity to cross-examine the witnesses for the prosecution

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Sec. 17. Discharge of accused to be state witness. When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (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. Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence. WHAT IS A STATE WITNESS? A state witness is one of two or more persons jointly charged with the commission of a crime but who is discharged with his consent as such accused so that he may be a witness for the State WHEN SHOULD THE APPLICATION FOR DISCHARGE OF THE STATE WITNESS BE MADE? It should be made upon motion of the prosecution before resting its case

Applicability: 1. Two or more accused are jointly charged with the offense 2. Upon motion of the prosecution (prosecutor is given the power to prosecute cases, what and whom to charge) 3. Before the prosecution rests its case
WHAT IS THE PROCEDURE FOR DISCHARGING A PERSON AS A STATE WITNESS? 1. Before resting its case, the prosecution should file a motion to discharge the accused as a state witness with his consent 2. The court will require the prosecution to present evidence and the sworn statement of the proposed state witness at a hearing in order to support the discharge 3. The court will determine if the requisites of giving the discharge are present. Evidence adduced in support of the discharged shall automatically form part of the trial 4. If the court is satisfied, it will discharge the state witness. The discharge is equivalent to an acquittal, unless the witness later fails or refuses to testify 5. The court denies the motion for discharge, his sworn statement shall be inadmissible as evidence WHAT ARE THE REQUISITES IN ORDER FOR A PERSON TO BE DISCHARGED AS A STATE WITNESS? 1. The discharge must be WITH THE CONSENT OF THE ACCUSED sought to be a state witness 2. There is ABSOLUTE NECESSITY for the testimony of the accused whose discharge is requested; 3. There is NO OTHER DIRECT EVIDENCE AVAILABLE for the proper prosecution of the offense committed, except the testimony of said accused; 4. The testimony of said accused can be SUBSTANTIALLY CORROBORATED in its material points; 5. Said accused DOES NOT APPEAR TO BE THE MOST GUILTY; and 6. Said accused has not at any time been convicted of any offense involving MORAL TURPITUDE. (FINAL CONVICTION) CAN THE COURT GRANT THE DISCHARGE BEFORE THE PROSECUTION HAS FINISHED PRESENTING ALL ITS EVIDENCE? No. As a general rule, the court should resolve any motion to discharge only AFTER the prosecution has presented all of its evidence since it is at this time when the court shall determine the presence of the requisites above In some cases, HOWEVER, the SC held that the prosecution is not required to present all of its other evidence before an accused is discharged. The accused may be discharged at any time before the defendants have entered upon their defense. IS A HEARING OF THE MOTION TO DISCHARGE MANDATORY? So long as the motion is able to receive evidence for and against the discharge of an accused to become a state witness, its subsequent order granting or denying the motion for discharge is in order notwithstanding the lack of actual hearing on the motion WHAT IS THE MEANING WHEN THE TESTIMONY OF THE ACCUSED CAN BE SUBSTANTIALLY CORROBORATED IN ITS MATERIAL POINTS?

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There is presence of indirect testimony or evidence that could corroborate with the truthfulness of the testimony of the accused. Accused can really testify the crime committed

-testimony is corroborated by other witnesses. Why is there a need for corroboration? To ascertain the truthfulness of the accused.
WHAT HAPPENS IF THERE IS LACK OF REQUISITES PRESENT IN THE MOTION FOR THE DISCHARGE OF THE ACCUSED? There is no need to allege all the requisites in the motion. What is required is that the court is satisfied that the requisites are present for the discharge. The evidence for the discharge may be presented during the hearing on the motion WHAT IS THE MEANING OF ABSOLUTE NECESSITY OF THE TESTIMONY OF THE PROPOSED STATE WITNESS? It means that there is no other evidence to establish the offense other than the testimony of the accused For example, where an offense is committed in conspiracy and clandestinely, the discharge of one of the conspirators is necessary in order to provide direct evidence of the commission of the crime No one else other than one of the conspirators can testify on what happened among them

Absolute necessity- court can refer to the information ( esp. on circumstantial evidence) -because there are no other witnesses available; -testimony of the state witness is essential
DOES ABSOLUTE NECESSITY MEAN THAT TESTIMONY WOULD RESULT IN ABSOLUTE CERTAINTY OF CONVICTION?No CAN THERE BE MORE THAN ONE ACCUSED WHO CAN BE DISCHARGED? Yes WHAT IS THE REMEDY OF THE PROSECUTION IF THE COURT DENIES THE MOTION OF THE PROSECUTION? The State can file a petition for certiorari THE ACCUSED PLEADED GUILTY TO THE CRIME CHARGED AND/OR ALREADY TESTIFIED AS AN ACCUSED, CAN HE STILL BE DISCHARGED? Yes CAN A CO-CONSPIRATOR BE DISCHARGED AS A STATE WITNESS? RULEa co-conspirator cannot be discharged as a state witness against a co-conspirator EXCEPTIONif the crime was committed clandestinely and there is no way to prove the crime WHAT IS AN IRREGULAR DISCHARGE? Irregular discharge is a discharge where one or all of the conditions required for discharge didnt really exist IF THE STATE WITNESS REFUSES TO TESTIFY, WILL HIS SWORN STATEMENT BE ADMISSIBLE AGAINST HIM? No, his sworn statement will not be admissible against him Otherwise, it violates his right against self-incrimination Sec. 18. Discharge of accused operates as acquittal. The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. WHAT ARE THE EFFECTS OF THE DISCHARGE? 1. Evidence in support of the discharge forms part of the trial. But if the court denies the motion to discharge, his sworn statement shall be inadmissible as evidence 2. Discharge of the accused operates as an ACQUITTAL and bar to further prosecution for the same offense, except if he fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis of the discharge. In this case, he can be prosecuted again and his admission can be used against him. WHAT DOES IT MEAN WHEN HE FAILS OR REFUSES TO TESTIFY IN ACCORDANCE WITH HIS SWORN STATEMENT? It means that the accused makes substantial changes in his testimony that would naturally affect the proceedings and would be prejudicial to the prosecution of the offense charged

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WHAT IF IN THE SWORN STATEMENT OF X, HE MENTIONED ONLY THAT 3 OF HIS COMPANIONS WERE IN CONSPIRACY WITH EACH OTHER. DURING HIS TESTIMONY, HE TESTIFIED THAT ALL 10 OF HIS COMPANIONS WERE IN CONSPIRACY. IS THIS PROPER? Yes. This doesnt fall within the ambits of refusing to testify in accordance with his sworn statement It will be proper as long as it will help further the prosecution in prosecuting the offense charged against the accused WHAT HAPPENS IF THE COURT IMPROPERLY OR ERRONEOUSLY DISCHARGES AN ACCUSED AS STATE WITNESS, AS WHEN FOR EXAMPLE, THE ACCUSED HAS BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE? The improper discharge will not render inadmissible his testimony nor detract from his competency as a witness Neither will it invalidate his acquittal because the acquittal becomes ineffective only if he fails or refuses to testify WHAT IF AFTER AN ACCUSED HAS BEEN DISCHARGED TO BECOME A STATE WITNESS, IT WAS FOUND OUT DURING THE TRIAL THAT THE FACTS HE ATTESTED TO IN HIS SWORN STATEMENT WERE ALL LIES? DOES THE COURT HAVE ANY RECOURSE IF THERE WAS A WRONGFUL DISCHARGE? The discharge of the accused wouldnt be affected. His discharge would still amount to an acquittal and is a bar for further prosecution for the same offense. First, the grounds mentioned in the rule as exceptions to the general rule are exclusive in character. The discharge will not be a bar to further prosecution and not amount to acquittal is when the accused refuses or fails to testify in accordance with his sworn statement. Second, what the rules require is ABSOLUTE NECESSITY and not ABSOLUTE CERTAINTY. Third, what transpired was an error of judgment on the part of the court. If the court has a recourse, it would be to detain the discharged accused, following Section 19 of this Rule, and file a case against him but not for the same offense but for perjury WHAT HAPPENS WHEN THE ORIGINAL INFORMATION UNDER WHICH AN ACCUSED WAS DISCHARGED IS LATER AMENDED? A discharge under the original information is just as binding upon the subsequent amended information, since the amended information is just a continuation of the original MUST THE ACCUSED TO BE DISCHARGED FIRST BE CHARGED IN THE COMPLAINT OR INFORMATION? No. Note: the filing of the motion in court gives the court jurisdiction over the persons CAN THE OTHER CONSPIRATORS BE SOLELY CONVICTED ON THE BASIS OF THE DISCHARGED STATE WITNESS? No, there must be other evidence to support his testimony The testimony of a state witness comes from a polluted source and must be received with caution It should be substantially corroborated in its material points As an exception however, the testimony of a co-conspirator, even if uncorroborated, will be considered sufficient if given in a straightforward manner and it contains details which couldnt have been a result of deliberate afterthought. Sec. 19. When mistake has been made in charging the proper offense. When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. WHAT IF THERE WAS A MISTAKE MADE IN CHARGING THE PROPER OFFENSE? When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him The accused shall not be discharged if there appears good cause to detain him In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. Sec. 20. Appointment of acting prosecutor. When a prosecutor, his assistant or deputy is disqualified to act due to any of the grounds stated in section 1 of Rule 137 or for any other reason, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. Sec. 21. Exclusion of the public. 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,

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on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. WHEN CAN THE PUBLIC BE EXCLUDED FROM THE TRIAL? 1. If the evidence to be produced during the trial is offensive to decency or public morals 2. On motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties Sec. 22. Consolidation of trials of related offenses. Charges for offenses founded 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. WHEN CAN DIFFERENT OFFENSES BE TRIED JOINTLY? When the offenses are founded on the same facts or from part of a series of offenses of similar character, the court has the discretion to consolidate and try them jointly WHAT IS THE PURPOSE OF CONSOLIDATION? It is to avoid multiplicity of suits, guard against oppression or abuse, prevent delay, clear congested dockets, simplify the work of the trial court, save unnecessary costs and expenses Sec. 23. Demurrer to evidence. After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is 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. The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a nonextendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a nonextendible period of five (5) days from its receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a nonextendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. AFTER THE PROSECUTION RESTS ITS CASE, WHAT ARE THE OPTIONS OF THE ACCUSED? THE ACCUSED MAY DO THE FOLLOWING: 1. File a demurrer to evidence with leave or without leave of court 2. Adduce his evidence unless he waives the same WHAT IS A DEMURRER TO EVIDENCE? It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of insufficiency of the evidence of the prosecution It has been said that a motion to dismiss under the Rules of Court takes place of a demurrer, which pleading raised questions of law as to sufficiency of the pleading apparent on the face thereof In the same manner as a demurrer, a motion to dismiss presents squarely before the court a question as to the sufficiency of the facts alleged therein to constitute a cause of action WHAT ARE THE WAYS BY WHICH A CASE MAY BE DISMISSED ON THE BASIS OF INSUFFICIENCY OF EVIDENCE OF THE PROSECUTION? 1. The court may dismiss the case on its own initiative after giving the prosecution the right to be heard 2. Upon demurrer to evidence filed by the accused with or without leave of court THE PROSECUTION RESTS ITS CASE. THE COURT THINKS THAT THERE IS INSUFFICIENCY OF EVIDENCE PRESENTED. WHAT DOES IT NEED TO DO IN CASE IT WISHES TO DISMISS THE CASE? The court may dismiss the case on its own initiative after giving the prosecution the right to be heard WHAT DOES IT MEAN WHEN THE PROSECUTION WOULD BE GIVEN THE RIGHT TO BE HEARD BEFORE THE COURT DISMISSES THE CASE? The prosecution is given the chance to explain itself of circumstances that may have lead to its failure to adduce enough evidence to support its case HOW DO YOU FILE A DEMURRER TO EVIDENCE? Within 5 days after the prosecution rests, the accused should file a motion for leave of court to file a demurrer to evidence, stating in such motion his grounds for such The prosecution shall have 5 days within which to oppose the motion

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If the motion is granted, the accused shall file the demurrer to evidence within 10 days from notice of grant of leave of court The prosecution may oppose the demurrer to evidence within 10 days from its receipt of the demurrer WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITH LEAVE OF COURT? The effect of its filing is that if the court grants the demurrer, the case will be dismissed If the court denies the demurrer to evidence filed with leave of court, the accused may still adduce evidence on his behalf WHAT IS THE EFFECT OF FILING THE DEMURRER TO EVIDENCE WITHOUT LEAVE OF COURT? If the court denies the demurrer to evidence which was filed without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on basis of the evidence of the prosecution This is because demurrer to evidence is not a matter of right but is discretionary on the court Permission of the court has to be obtained before it is filed, otherwise the accused loses certain rights

CASE: people v gudoy; sc held " to prevent the accused from wager of the judicial process"
THE ACCUSED FILED A DEMURRER OF EVIDENCE WITHOUT LEAVE OF COURT. THE DEMURRER OF EVIDENCE IS DENIED. IS THERE ABSOLUTE WAIVER OF PRESENTATION OF EVIDENCE BY THE COURT? No. The general rule is that filing of a demurrer of evidence without leave of court, which is subsequently denied, is a waiver of presentation of evidence Nonetheless, if the demurrer of evidence is filed before the prosecution rests its case, there would be no waiver to present evidence. As the prosecution hasnt finished presenting its evidence, there is still insufficiency of evidence. WHAT IS THE EFFECT IF THE DEMURRER IS GRANTED AND THE ACCUSED IS ACQUITTED? The accused has the right to adduce evidence on the civil aspect of the case unless the court declares that the act or omission from which the civil liability may arise did not exist. If the trial court issues an order or renders judgment not only granting the demurrer to evidence of the accused and acquitting him but also on the civil liability of the accused to the private offended party, said judgment on its civil case would be a nullity for violation of the rights of the accused to due process. WHAT IS THE REMEDY OF THE ACCUSED IF THE DEMURRER TO EVIDENCE IS DENIED? As a general rule, there can be no appeal or certiorari on the denial of the demurrer to evidence, since it is an interlocutory order which doesnt pass judgment on the merits of the case In such instance, the accused has the right to adduce evidence on his behalf not only on the criminal aspect but also on the civil aspect of the case Sec. 24. Reopening. At any time before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The proceedings shall be terminated within thirty (30) days from the order granting it. WHEN CAN A CASE BE REOPENED? At any time before the finality of judgment of conviction, the judge may reopen the case either on his own volition or upon motion, with hearing on either case, in order to avoid a miscarriage of justice The proceedings should be terminated within 30 days from the order granting the reopening of the case WHEN CAN THERE BE A DENIAL OF THE REOPENING OF THE CASE, GIVEN THAT ALL CONDITIONS REQUIRED? It would be prejudicial to the rights of an accused Examples of this when the accused cannot present enough evidence, present his witnesses, etc.

Difference from new trial (ReasonS ) Reopening - to avoid miscarriage of justice (broad) New trial - well defined/ specific grounds

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