RULE 119 TRIAL Section 1.

Time to prepare for trial observe the prescribed limit without authorization by the Supreme Court. REQUISITES FOR TRIAL IN ABSENTIA: 1. The accused has been arraigned 2. He has been notified of the trial 3. His failure to appear is unjustified People v. Agbulos, G.R. No. 73907 (1993) The purpose of trial in absentia is to speed up the disposition of criminal cases. Effects of trial in absentia: People v. Landicho, G.R. No. 119527 (1996) The accused waives the right to present evidence and cross-examine the witnesses against him The accusers waiver does not mean, however, that the prosecution is deprived of the right to require the presence of the accused for purposes of identification by the witnesses which is vital for conviction of the accused, except where he unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial. INSTANCES WHERE THE PRESENCE OF THE ACCUSED IS REQUIRED BY LAW: 1. On arraignment; 2. On promulgation of judgment except for light offenses; 3. For identification purposes; 4. When the court with due notice requires so. Section 2. Continuous trial until terminated; postponements CONTINUOUS TRIAL SYSTEM Trial once commenced shall continue from day to day as far as practicable until terminated; but it may be postponed for a reasonable period of time for good cause Trial shall in no case exceed 180 days from the first day of trial, except as otherwise provided by the QuickTime and a Supreme Court TIFF (Uncompressed) decompressor are needed to see this picture. Proper hearing, unless for meritorious reasons an extension is permitted. The non-appearance of the prosecution at the trial, despite due notice, justified a provisional dismissal or an absolute dismissal depending upon the circumstances 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 5. Kidnapping, robbing in a band, robbery against banking or financial institution, Violation of Carnapping Act and other heinous crimes REQUISITES BEFORE A TRIAL CAN BE PUT ON ACCOUNT OF THE ABSENCE OF WITNESS: 1. That the witness is material and appears to the court to be so; 2. that the party who applies has been guilty of no neglect; 3. that the witnesses can be had at the time to which the trial is deferred and incidentally that no similar evidence could be obtained; 4. that an affidavit showing the existence of the above circumstances must be filed. REMEDIES OF ACCUSED WHERE A PROSECUTING OFFICER WITHOUT GOOD CAUSE SECURES POSTPONEMENTS OF THE TRIAL OF A DEFENDANT AGAINST HIS PROTEST BEYOND A REASONABLE PERIOD OF TIME: 1. Mandamus to compel 2. if he is restrained of his liberty, by habeas corpus to obtain his freedom DUTIES OF PRESIDING JUDGE UNDER THE CONTINUOUS 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 Section 3. Exclusions The SC adopted the continuous trial system as a mode of judicial fact-finding and adjudication conducted with speed and dispatch so that trials are held on the scheduled dates without postponement, the factual issues for trial well-

defined at pre-trial and the whole proceedings terminated and ready for judgment within 90 days from the date of initial EXCLUSIONS IN COMPUTATION OF 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. 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 a any court motu QuickTime and decompressor proprio, or TIFF (Uncompressed) this either the accused or on motion of picture. are needed to see 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. ABSENT When the whereabouts are unknown or cannot be determined with due diligence UNAVAILABLE When his whereabouts are known but his presence at the trial cannot be obtained with due diligence Section 4. Factors granting continuance FACTORS FOR GRANTING CONTINUANCE: 1. Whether the failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice. 2. The case, as a whole, is novel, unusual and complex, or it is unreasonable to expect adequate preparation within the periods of time established therein. The grant of a motion for continuance is NOT a matter of right The purpose of this rule is to control the discretion of the judge in the grant of continuance on his instance or on motion of any party litigant. Section 5. Time limit following an order for new trial GENERAL RULE: After an order for new trial is issued, the trial commences within 30 days from notice of the order. EXCEPTION: If the 30-day period becomes impractical due to unavailability of the witnesses and other factors, it may be extended by the court but in no case should it exceed 180 days from notice of said order for new trial. Section 6. Extended time limit Section 7. Public attorneys duties where accused is imprisoned PUBLIC ATTORNEYS DUTIES: 1. 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. 2. 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.

3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. 4. 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. Public Attorneys referred to in this section are those attorneys of the Public Attorneys Office of the Department of Justice who are assisting accused not financially capable to have a counsel of their own. These public attorneys enter their appearance in behalf of the accused upon his request or that of his relative or upon being appointed as counsel de oficio by the court. The sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not ready to postpone. Section 8. Sanctions ACTS WHICH EVOKE THE SANCTION: 1. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailable; 2. Files a motion solely for delay, knowing it to be frivolous and without merit; 3. Knowingly makes a false statement in order to obtain continuance; 4. Willfully fails to proceed to trial without justification. THE SANCTIONS: a) Private Defense Counsel fine not exceeding P20, 000 + criminal sanctions, if any. b) Counsel de officio, Public Attorney or Prosecutor fine not exceeding P5, 000 + criminal sanctions, if any. c) Defense Counsel or Prosecutor denial of the right to practice before the court trying the case for a period not exceeding 30 days + QuickTime and a TIFF (Uncompressed) deco criminal sanctions, if see this pmpressor any. icture. are needed to KINDS OF SANCTIONS UNDER THIS SECTION: 1. Criminal; 2. Administrative; 3. Contempt of court. Section 9. Remedy where accused is not brought to trial within the time limit Arraignment must be set within 30 days from the date the court acquires jurisdiction over the person of the accused, and within the same period, the court must set the case for pre-trial, and within 30 days from the receipt of the pre-trial order, the trial must be commenced. The remedy of the accused is to file a motion to dismiss the information on the ground of denial of his right to speedy trial. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of his right to dismiss under this section the dismissal shall be subject to the rules on double jeopardy. So if the dismissal is with prejudice, the case cannot be revived anymore. But if the dismissal is without prejudice, the revival of the case is proper. Section 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution The accused should be brought to trial within 30 days from the date the court acquires jurisdiction over the person of the accused (Rule 116, Section 1g). If he is not brought to trial within the period specified, he may quash the information on the ground of denial of his right to speedy trial. Failure to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under Section 9, Rule 120. Arraignment must be set within 30 days from the date the court acquires jurisdiction over the person of the accused, and within the same period, the court must set the case for pre-trial, and within 30 days from the receipt of the pre-trial order, the trial must be commenced. Section 11. Order of trial ORDER OF TRIAL: 1. Prosecution presents evidence to prove the charge and, in the proper case, the civil liability. 2. The accused presents evidence to prove his defense and damages, if any. 3. The prosecution, then the defense, may present rebuttal and surrebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence. 4. Upon admission of the evidence by the parties, the case is deemed submitted for decision. GENERAL RULE: The order in the presentation of evidence must be followed. The accused may not be required to present his evidence first before the prosecution adduces its own proof. EXCEPTION: Where a reverse procedure was adopted without the objection of the defendant and such procedure did not prejudice his substantial rights, the defect is not a reversible error.

REVERSE TRIAL When the accused admits the act or omission charged in the complaint/information but interposes a lawful defense, the trial court may allow the accused to present his defense first and thereafter give the prosecution the opportunity to present his rebuttal evidence. A departure from the order of the trial is NOT reversible error as where it was agreed upon or not seasonably objected to, but not where the change in the order of the trial was timely objected by the defense. Where the order of the trial set forth under this section was not followed by the court to the extent of denying the prosecution an opportunity to present its evidence, the judgment is a NULLITY. 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. If there is not enough evidence to prove the accuseds guilt beyond reasonable doubt, then the defense should file Demurrer to Evidence People v. Gutierrez, 302 SCRA 643 (1999) Refusal of the trial court to reverse the order of trial upon demand of the accused who pleads selfdefense as a defense is not a reversible error AFFIRMATIVE DEFENSE Requires the prosecution The accused admits the to prove the guilt of the act or omission charged, QuickTime and a accused beyond TIFF (Uncompressed) decompressor but interposes a defense, reasonable doubt are needed to see this picture. Proven, would which if exculpate him 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 NEGATIVE DEFENSE Section 12. Application for examination witness for accused before trial of Accused may have his witness examined conditionally in his behalf BEFORE trial upon motion with notice to all other parties: SUCH MOTION MUST STATE: 1. Name and residence of the witness; 2. substance of testimony; 3. witness is so sick to afford reasonable ground to believe that he will not be able to attend the trial OR resides more than 100km and has no means to attend the same or other similar circumstances Section 13. Examination of defense witness; how made DEPOSITION It is the testimony of a witness taken upon oral questions or written interrogatories, in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution. PURPOSE OF TAKING DEPOSITIONS: 1. Greater assistance to the parties in ascertaining the truth and checking and preventing perjury 2. Provide an effective means of detecting and exposing false, fraudulent claims and defenses 3. Make available in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with greater difficulty 4. Educate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements 5. Expedite litigation 6. Prevent delay 7. Simplify and narrow the issues 8. Expedite and facilitate both preparation and trial WHO SHOULD MAKE THE EXAMINATION? 1. judge; 2. a member of the Bar in good standing so designated by the judge; 3. before an inferior court designated in the order of a superior court Section 14. Bail to secure appearance of material witness People v Montejo, 21 SCRA 722 (1967) Even if the witness has been cited to appear before a court sitting outside of the province in which he resides and the distance is more than 50km (now 100km) from his place of residence by the usual course of travel, he is still bound by the subpoena. Rule 23 applies only in civil cases. If the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. If the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been taken. Section 15. Examination of witness for the prosecution EXAMINATION OF WITNESS FOR THE PROSECUTION:

1. The witness for the prosecution may be conditionally examined by the court where the case is pending if said witness is: a. Too sick to appear at the trial; or b. Has to leave the Philippines with no definite date of return. 2. Such examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him. 3. Examination of child witnesses is tackled under the Rule on Examination of a Child Witness which took effect on December 15, 2000. EXAMINATION OF DEFENSE WITNESS EXAMINATION OF PROSECUTION WITNESS Conducted ONLY before the judge or the court where the case is pending Right to cross-examine court, in its discretion upon motion of the prosecution or any of the defendants, orders a separate trial. The motion for separate trial must be filed BEFORE the commencement of the trial and cannot be raised for the first time on appeal. If a separate trial is granted, the testimony of one accused imputing the crime to his co-accused is not admissible against the latter. It would be admissible if the latter had the opportunity for cross-examination. Where the conditions are fulfilled, joint trial is automatic, without need for the trial court to issue an order to that effect. The grant of separate trial rests in the sound discretion of the court and is not a matter of right to the accused, especially where it is sought after the presentation of the evidence of the prosecution. In such separate trial, only the accused presenting evidence has to be present. And the evidence to be adduced by each accused should not be considered as evidence against the other accused. 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 would not 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 lawyer had the opportunity to cross-examine the witnesses for the prosecution. People v. Ellasos and Obillo, G.R. No. 139323 (2001) The trial judge gravely erred in rendering a judgment of conviction against both accused. Since the trial of B did not take place, the trial court should have rendered a decision only against A. Section 17. Discharge of accused to be state witness Section 18. Discharge of accused operates as acquittal STATE WITNESS 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. REQUISITES TO BE A STATE WITNESS: 1. Two or more persons are jointly charged with the commission of an offense Conducted before any judge, member of the bar in good standing or before any inferior court No right to crossexamine QuickTime and a be May be made if the (Uncompressed) decompressor made even if Cannot TIFF are needed to see this witness resides more witness resides more the picture. than 100km from the than 100km from the place of trial place of trial Section 16. Trial of several accused When two or more defendants are jointly charged with any offense, they shall be tried jointly, unless the 2. The application for discharge is filed by the prosecution before it rests its case 3. Absolute necessity for the testimony of the accused Absolute necessity means that he alone has knowledge of the crime, and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecutor. 4. There is no other direct evidence available for the proper prosecution of the offense. 5. Testimony of the accused can be substantially corroborated in its material points. 6. Accused does not appear to be the most guilty Means that he does not appear to have the highest degree of culpability in terms of participation in the commission of the offense and not necessarily in the severity of the penalty imposed. The fact that there was conspiracy does not preclude one from being discharged as a state witness. What the court takes into account is the gravity or nature of acts committed by the accused to be discharged compared to those of his co-accused, and not merely the fact that in law the same or equal penalty is imposable on all of them. 7. Accused has not been convicted of any offense involving moral turpitude. TWO TYPES OF IMMUNITY: a. TRANSACTIONAL IMMUNITY witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. b. USE-AND-DERIVATIVE-USE-IMMUNITY witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent

prosecution. The application for discharge of the state witness must be made upon motion of the prosecution BEFORE resting its case. QuickTime and a TIFF (Uncompressed) decompressor the defense should be see this picture. opportunity to are needed to afforded oppose the motion to discharge an accused to be a state witness. trial court may be challenged in a petition for certiorari and prohibition. 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. The subsequent amendment of the information does not affect the discharge of an accused as a state witness because the amended information is not anew information but is a continuation of the original proceeding. GENERAL RULE: A co-conspirator may testify against the other coconspirator even if not done clandestinely PROVIDED it must be received by court with caution and must be substantially corroborated in its material points. The EXCEPTION to this rule is even if uncorroborated but the testimony was given in a straightforward manner and it contains details which could not have been the result of deliberate afterthought. It is not necessary that there be a hearing of the motion to discharge as long as the court is able to receive evidence for and against the discharge of an accused to become a witness. (People v Sunga) GENERAL RULE: The discharge of an accused to be a state witness amounts to an acquittal and is a bar to future prosecution for the same offense. Where an accused has been discharged to be utilized as state witness and he thus testified, the fact that the discharge was erroneous as the conditions for discharge were not complied with did not thereby nullify his being precluded from re-inclusion in the information or from being charged anew for the same offense or for an attempt or frustration thereof, or for crimes necessarily included in or necessarily including those offense. EXCEPTIONS: a. If accused fails or refuses to testify against the co-accused; b. If he was granted immunity and fails to keep his part of the agreement, his confession of his participation in the commission of the offense is admissible in evidence against him. Any question against the order of the court to discharge an accused to be used as state witness must be raised in the trial court; it cannot be considered on appeal. Where there is, however, a showing of grave abuse of discretion, the order of the Section 19. When mistake has been made in charging the proper offense When, at any time before judgment, it becomes manifest 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 said accused shall not be discharged if there appears to be good cause to detain him. If there appears to be good cause to detain the accused, the court shall commit the accused and dismiss the original case upon the filing of the proper information. When the offense proved is neither included in, nor does it include, the offense charged and is different there from, the court should dismiss the action and order the filing of new information charging the proper offense. US v. Campo, 23 Phil. 369 (1912) 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. Section 20. Appointment of acting prosecutor when a prosecutor, his assistant or deputy is disqualified to act, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. Section 21. Exclusion of the public GENERAL RULE: The accused has the right to public trial and under ordinary circumstances, the court may not close the door of the courtroom to the general public. EXCEPTION: The public may be excluded from the courtroom when evidence to be and a QuickTime produced is offensive TIFF (Uncompressed) decompressor are needed to see to decency or public morals. this picture. The court may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. Section 22. Consolidation of trials of related offenses THIS CONTEMPLATES A SITUATION WHERE SEPARATE MOTIONS ARE FILED: 1. for offenses founded on the same facts; 2. for offenses which form part of a series of offenses of similar character. The purpose of

consolidation is to avoid multiplicity of suits, guard against oppression or abuse, prevent delay, clear congested dockets, simplify the work of the trial court, and save unnecessary cost or expense; in short, the attainment of justice with the least expense and vexation to the party litigants. While consolidation of cases and joint trial of related offenses and the rendition of a consolidated decision are allowed, the court cannot convict an accused of a complex crime constitutive of the various crimes alleged in the consolidated cases. Section 23. Demurrer to evidence DEMURRER TO EVIDENCE It is 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 THE PROSECUTION SHALL HAVE RESTED ITS CASE, THE CASE MAY BE DISMISSED IN ANY OF THE FOLLOWING MANNER: a. Court on its own initiative can dismiss the case after giving prosecution opportunity to be heard b. Accused files demurrer with or without leave of court c. If the demurrer is denied: With leave of court, accused can present his evidence Without leave of court, accused waives right to present evidence With or Without Leave of Court a) With leave if the motion is denied, he can still present evidence. The motion must be filed within a nonextendible period of 5 days after the prosecution rests its case. If leave is granted, the accused shall file the demurrer to evidence within a nonextendible period of 10 days from notice of the grant of leave of court. The prosecution may oppose the demurrer to evidence within a non-extendible period of 10 days from receipt of the demurrer. b) Without leave if the motion is denied, he loses the right to present evidence and the case will be deemed submitted for decision If there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other accused. An order denying the motion for leave of court to file a demurer shall NOT be reviewable by appeal or by certiorari before judgment. This is because demurrer is merely interlocutory. However, if there was grave abuse of discretion, then certiorari may apply. If the court denies the demurrer to evidence without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. Section 24. Reopening At any time before finality of judgment of conviction, judge may, motu proprio or upon motion, with hearing in either case reopen to avoid miscarriage of justice. If judgment is not put in writing, the proper remedy would be to file a petition for mandamus to compel the judge to put in writing the decision of the court. Article VIII, Section 14, par. 1 of the Constitution requires that the decisions of the court shall contain the facts and the law on which they are based. The rationale is that the losing party is entitled to know why he lost, so he may appeal to a higher court. The judge who penned the decision need not be the one who heard the case. The judge can rely on the transcript of stenographic notes taken during the trial. Section 2. Contents of judgment CONTENTS OF A JUDGMENT OF CONVICTION: 1. The legal qualifications of the offense constituted by the acts committed by the accused and the aggravating and mitigating circumstances which attended its commission. 2. Participation of the accused either as principal, accomplice or accessory 3. penalty imposed on the accused 4. civil liability or damages, if any, unless a separate civil action has been reserved or waived. Alternative Penalties A judge cannot impose alternative penalties (reclusion perpetua or P10,000 fine) because this would allow the accused to choose which penalty to serve, giving the accused discretion properly belonging to the court. CONTENTS OF A JUDGMENT OF ACQUITTAL: 1. Whether the evidence absolutely failed to prove the guilt of the accused or merely failed to prove it beyond reasonable doubt

2. If the act or omission from which civil liability may arise did not exist REASONABLE DOUBT state of the case which, after full consideration of all the evidence, leaves the mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a moral certainty, of the truth of the charge. Barbers vs Laguio, Jr., 351 SCRA 606 (2001) It is well settled that acquittal, in a criminal case is immediately final and executory upon its promulgation, and that accordingly, the State may not seek its review without placing the accused in double jeopardy.