pre-trial and trial laws

8/10/2019 Pre-trial and Trial Laws

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Sec. 14. Preliminary conference. Before

conducting the trial, the court shall call the

parties to a preliminary conference during which

a stipulation of facts may be entered into, or thepropriety of allowing the accused to enter a plea

of guilty to a lesser offense may be considered, or

such other matters may be taken up to clarify the

issues and to ensure a speedy disposition of the

case.However, no admission by the accused shall

be used against him unless reduced to writing

and signed by the accused and his counsel.Arefusal or failure to stipulate shall not prejudice

the accused.

Sec. 18. Referral to Lupon. Cases requiring

referral to the Lupon for conciliation under the

provisions of Presidential Decree No. 1508 where

there is no showing of compliance with suchrequirement, shall be dismissed without

prejudice and may be revived only after such

requirement shall have been complied with. This

provision shall not apply to criminal cases where

the accused was arrested without a warrant. chanrobles virtual law library

Sec. 19. Prohibited pleadings and motions.

The following pleadings, motions or petitionsshall not be allowed in the cases covered by this

Rule:

(a) Motion to dismiss the complaint or to quash

the complaint or information except on the

ground of lack of jurisdiction over the subject

matter, or failure to comply with the preceding

section;


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(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of

a judgment, or for opening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings,

affidavits or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, or

prohibition against any interlocutory order issuedby the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third party complaints;

(l) Interventions.

Sec. 20. Affidavits. The affidavits required to

be submitted under this Rule shall state only

facts of direct personal knowledge of the affiants

which are admissible in evidence, and shall show

their competence to testify to the matters stated

therein.

A violation of this requirement may subject the

party or the counsel who submits the same to

disciplinary action, and shall be cause to expunge

the inadmissible affidavit or portion thereof from

the record.chanrobles

Administrative Circular No. 03-1-09-SC (July 13, 2004)


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B. Criminal Cases

1. Before arraignment, the Court shall issue an order directing the public

prosecutor to submit the record of the preliminary investigation to the Branch

COC for the latter to attach the same to the record of the criminal case.

Where the accused is under preventive detention, his case shall be raffled and

its records transmitted to the judge to whom the case was raffled within three

days from the filing of the complaint or information. The accused shall be

arraigned within ten days from the date of the raffle. The pre-trial of his case

shall be held within ten days after arraignment unless a shorter period is

provided for by law.11

2. After the arraignment, the court shall forthwith set the pre-trial conference

within thirty days from the date of arraignment, and issue an order: (a)

requiring the private offended party to appear thereat for purposes of plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act

of 2002, and for other matters requiring his presence;12(b) referring the case to

the Branch COC, if warranted, for a preliminary conference to be set at least

three days prior to the pre-trial to mark the documents or exhibits to be

presented by the parties and copies thereof to be attached to the records after

comparison and to consider other matters as may aid in its prompt

disposition; and (c) informing the parties that no evidence shall be allowed to

be presented and offered during the trial other than those identified and

marked during the pre-trial except when allowed by the court for good causeshown. A copy of the order is hereto attached as Annex "E". In mediatable

cases, the judge shall refer the parties and their counsel to the PMC unit for

purposes of mediation if available.

3. During the preliminary conference, the Branch COC shall assist the parties

in reaching a settlement of the civil aspect of the case, mark the documents to

be presented as exhibits and copies thereof attached to the records after

comparison, ascertain from the parties the undisputed facts and admissions

on the genuineness and due execution of documents marked as exhibits and

consider such other matters as may aid in the prompt disposition of the case.The proceedings during the preliminary conference shall be recorded in the

Minutes of Preliminary Conference to be signed by both parties and counsel.

(Please see Annex "B")

The Minutes of Preliminary Conference and the exhibits shall be attached by

the Branch COC to the case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the

information, the statements in the affidavits of witnesses and other

documentary evidence which form part of the record of the preliminary

investigation.


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5. During the pre-trial, except for violations of the Comprehensive Dangerous

Drugs Act of 2002, the trial judge shall consider plea-bargaining

arrangements.13Where the prosecution and the offended party agree to the

plea offered by the accused, the court shall:

a. Issue an order which contains the plea bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and

c. Render and promulgate judgment of conviction, including the civil

liability or damages duly established by the evidence.14

6. When plea bargaining fails, the Court shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial

proceedings, confirm markings of exhibits or substituted photocopies

and admissions on the genuineness and due execution of documentsand list object and testimonial evidence;

b. Scrutinize every allegation of the information and the statements in

the affidavits and other documents which form part of the record of the

preliminary investigation and other documents identified and marked

as exhibits in determining farther admissions of facts, documents and in

particular as to the following:15

1. the identity of the accused;

2. court's territorial jurisdiction relative to the offense/s charged;

3. qualification of expert witness/es;

4. amount of damages;

5. genuineness and due execution of documents;

6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary

investigation;

8. disclosure of defenses of alibi, insanity, self-defense, exercise of

public authority and justifying or exempting circumstances; and9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow

chart determined by the court which shall contain the time frames for the

different stages of the proceeding up to promulgation of decision and use

the time frame for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses

and contact numbers of witnesses that need to be summonedby subpoena;16and


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f. Consider modification of order of trial if the accused admits the charge

but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issues

raised therein and all questions must be directed to him to avoid hostilities

between parties.

8. All agreements or admissions made or entered during the pre-trial

conference shall be reduced in writing and signed by the accused and

counsel, otherwise, they cannot be used against the accused. The agreements

covering the matters referred to in Section 1 of Rule 118 shall be approved by

the court. (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts

prepared and the minutes signed by the parties and/or their counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the

termination of the pre-trial setting forth the actions taken during the pre-trial

conference, the facts stipulated, the admissions made, evidence marked, the

number of witnesses to be presented and the schedule of trial. Said Order

shall bind the parties, limit the trial to matters not disposed of and control the

course the action during the trial.17

R.A. No. 8493 (1998) "SPEEDY TRIAL ACT of 1998"

Section 2. Mandatory Pre-Tr ial in Criminal Cases . - In all casescognizable by the Municipal Trial Court, Municipal Circuit Trial Court,

Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan,

the justice or judge shall, after arraignment, order a pre-trial conference

to consider the following:

(a) Plea bargaining;

(b) Stipulation of Facts;

(c) Marking for identification of evidence of parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and expeditious trial.

Section 3. Pre-Trial Agreement.- All agreements or admissions madeor entered into during the pre-trial conference shall be reduced to writing

and signed by the accused and counsel, otherwise the same shall not be


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used in evidence against the accused. The agreements in relation to

matters referred to in Section 2 hereof is subject to the approval of the

court: Provided, That the agreement on the plea of the accused to a

lesser offense may only be revised, modified, or annulled by the court

when the same is contrary to law, public morals, or public policy.

Section 4. Nonappearance at Pre-Tr ial Conference.- Where counselfor the accused or the prosecutor does not appear at the pre-trial

conference and does not offer an acceptable excuse for his/her lack of

cooperation, the pre-trial justice or judge may impose proper sanctions

or penalties.

Section 5. Pre-Trial Order. - After the pre-trial conference, the court

shall issue an order reciting the actions taken, the facts stipulated, andevidence marked. Such order shall bind the parties, limit the trial to

matters not disposed of and control the course of action during the trial,

unless modified by the court to prevent manifest injustice.

Section 6. Time Limit for Trial. - In criminal cases involving personscharged of a crime, except those subject to the Rules on Summary

Procedure, or where the penalty prescribed by law does not exceed six

(6) months imprisonment, or a fine of One thousand pesos (P1,000.00)

or both, irrespective of other imposable penalties, the justice or judge

shall, after consultation with the public prosecutor and the counsel for

the accused, set the case for continuous trial 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 Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of

the Rules of Court.

Section 7. Time Limit Between Filing of Information andArraig nment and B etween A rraig nment and Tr ial.- The arraignmentof an accused shall be held within thirty (30) days from the filing of the

information, or from the date the accused has appeared before the

justice, judge or court in which the charge is pending, whichever date

last occurs. Thereafter, where a plea of not guilty is entered, the

accused shall have at least fifteen (15) days to prepare for trial. Trial

shall commence within thirty (30) days from arraignment as fixed by the

court.


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If the accused pleads not guilty to the crime charged, he/she shall state

whether he/she interposes a negative or affirmative defense. A negative

defense shall require the prosecution to prove the guilt of the accused

beyond reasonable doubt, while an affirmative defense may modify the

order of trial and require the accused to prove such defense by clear andconvincing evidence.

Section 8. Time Limit Following an Order for New Trial. - If theaccused is to be tried again following an order of a court for a new trial,

the trial shall commence within thirty (30) days from the date the order

for a new trial becomes final, except that the court retrying the case may

extend such period but in any case shall not exceed one hundred eighty

(180) days from the date the order for a new trial becomes final if

unavailability of witnesses or other factors resulting from passage of time

shall make trial within thirty (30) days impractical.

Section 9. Extended Time Limit. - Notwithstanding the provisions ofSection 7 of this Act, for the first twelve-calendar-month period following

its effectivity, the time limit with respect to the period from arraignment to

trial imposed by Section 7 of this Act 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 thetime limit with respect to the period from arraignment to trial shall be

eighty (80) days.

Section 10. Exclusions . - The following periods of delay shall beexcluded 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 accused, and hearing on

his/her mental competency, or physical incapacity;

(2) delay resulting from trials with respect to charges against the

accused;

(3) delay resulting from interlocutory appeals;

(4) delay resulting from hearings on pre-trial motions: Provided, That the

delay does not exceed thirty (30) days,


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(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 valid 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 the

accused or an essential witness.

For purposes of this subparagraph, an accused or an essential witnessshall be considered absent when his/her whereabouts are unknown and,

in addition, he/she is attempting to avoid apprehension or prosecution or

his/her whereabouts cannot be determined by due diligence. An

accused or an essential witness shall be considered unavailable

whenever his/her whereabouts are known but his/her presence for trial

cannot be obtained by due diligence or he/she resists appearing at or

being returned for trial.

(c) Any period of delay resulting from the fact that the accused ismentally incompetent or physically unable 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, or

any offense required to be joined with that 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 severance has

been granted.

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

justice or judge motu propio or on motion of the accused or his/her

counsel or at the request of the public prosecutor, if the justice or judge

granted such continuance on the basis of his/her findings that the ends


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of justice served by taking such action outweigh the best interest of the

public and the defendant in a speedy trial. No such period of delay

resulting from a continuance granted by the court in accordance with this

subparagraph shall be excludable under this section unless the court

sets forth, in the record of the case, either orally or in writing, its reasonsfor finding that the ends of justice served by the granting of such

continuance outweigh the best interests of the public and the accused in

a speedy trial.

Section 11. Factors for Granting Continuance.- The factors, amongothers, which a justice or judge shall consider in determining whether to

grant a continuance under subparagraph (f) of Section 10 of this Act are

as follows:

(a) Whether the failure to grant such a continuance in the proceeding

would be likely to make a continuation of such proceeding impossible, or

result in a miscarriage of justice.

(b) Whether the case taken as a whole is so novel, so unusual and so

complex, due to the number of accused or the nature of the prosecution

or otherwise, that it is unreasonable to expect adequate preparation

within the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10 shall be granted

because of general congestion of the court's calendar, or lack of diligent

preparation or failure to obtain available witnesses on the part of the

public prosecutor.

Section 12. Public Attorney's Duties Where Accused is Imprisoned.- If the public attorney knows that a person charged of a crime is

preventively detained, either because he/she is charged of a bailable

crime and has no means to post bail, or is charged of a non-bailable

crime, or is serving a term of imprisonment in any penal institution, the

public attorney shall promptly:

(a) 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

mandating such person to so advise the prisoner of his/her right to

demand trial.


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(b) Upon receipt of a notice, the person having custody of the prisoner

shall promptly advise the prisoner of the charge and of his/her right to

demand trial. If at any time thereafter the prisoner informs the person

having custody that he/she demands trial, such person 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 person having custody of the prisoner receives from the

public attorney a properly supported request for temporary custody of

the prisoner for trial, the prisoner shall be made available to that public

attorney.

Section 13. Remedy Where Accused is Not B rought to Trial Withinthe Time Limit.- If an accused is not brought to trial within the time limitrequired by Section 7 of this Act as extended by Section 9, the

information shall be dismissed on motion of the accused. The accused

shall have the burden of proof of supporting such motion but the

prosecution shall have the burden of going forward with the evidence in

connection with the exclusion of time under Section 10 of this Act.

In determining whether to dismiss the case with or without prejudice, thecourt shall consider, among other factors, the seriousness of the

offense, the facts and circumstances of the case which led to the

dismissal, and the impact of a reprosecution on the implementation of

this Act and on the administration of justice. Failure of the accused to

move for dismissal prior to trial or entry of a plea of guilty shall constitute

a waiver of the right to dismissal under this section.

Section 14.Sanctions .- In any case in which counsel for the accused,the public prosecution or public attorney:

(a) knowingly allows the case to be set for trial without disclosing the fact

that a necessary witness would be unavailable for trial;

(b) files a motion solely for the purpose of delay which he/she knows is

totally frivolous and without merit;


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(c) makes a statement for the purpose of obtaining continuance which

he/she knows to be false and which is material to the granting of a

continuance; or

(d) otherwise willfully fails to proceed to trial without justificationconsistent with the provisions of this Act, the court may, without

prejudice to any appropriate criminal and/or administrative charges to be

instituted by the proper party against the erring counsel if and when

warranted, punish any such counsel or attorney, as follows:

(1) in the case of a counsel privately retained in connection with the

defense of an accused, by imposing a fine not exceeding; fifty percent

(50%) of the compensation to which he/she is entitled in connection with

his/her defense of the accused;

(2) by imposing on any appointed counsel de officio or public prosecutor

a fine not exceeding Ten thousand pesos (10,000.00); and

(3) by denying any defense counsel or public prosecutor the right to

practice before the court considering the case for a period not exceeding

thirty (30) days.

The authority to punish provided for by this section shall be in addition toany other authority or power available to the court. The court shall follow

the procedures established in the Rules of Court in punishing any

counsel or public prosecutor pursuant to this section.

Supreme Court CIRCULAR NO. 38-98 August 11, 1998

IMPLEMENTING THE PROVISIONS OF REPUBLIC ACT NO. 8493, ENTITLED

"AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE

THE SANDIGANBAYAN,REGIONAL TRIAL COURT, METROPOLITAN TRIALCOURT, MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL COURT AND

MUNICIPAL CIRCUIT TRIAL COURT, APPROPRIATING FUNDS THEREFOR,

AND FOR OTHER PURPOSES."

SECTION 1. PURPOSE OF CIRCULAR. This Circular is promulgated for the

purpose of implementing the provisions of Republic Act No. 8493, otherwise known

as the "Speedy Trial Act of 1998," as directed in Section 15 hereof.

Sec. 2. TIME LIMIT FOR ARRAIGNMENT AND PRE-TRIAL. The arraignmentand the pre-trial, if the accused pleads not guilty to the crime charged, shall be held


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within thirty (30) days from the date the court acquires jurisdiction over the person of

the accused. The period of the pendency of a motion to quash, or for a bill of

particulars, or other causes justifying suspension of arraignment shall be excluded.

Sec. 3. MANDATORY PRE-TRIAL IN CRIMINAL CASES. In all criminal cases

cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court,

the court shall, after arraignment, order a pre-trial conference to consider the

following:

(a) Plea bargaining;

(b) Stipulation of facts;

(c) Marking for identification of evidence of the parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and expeditious trial of the criminal and

civil aspects of the case.

If the accused has pleaded not guilty to the crime charged, he may state whether he

interposes a negative or affirmative defense. A negative defense shall require the

prosecution to proved the guilt of the accused beyond reasonable doubt, while an

affirmative defense may modify the order of trial and require the accused to prove

such defense by clear and convincing evidence.

Sec. 4. PRE-TRIAL AGREEMENT. All agreements or admissions made orentered into during the pre-trial conference shall be reduced to writing and signed by

the accused and counsel, otherwise the same shall not be used against the accused.

The agreements in relation to matters referred to in Section 3 hereof are subject to

the approval of the court; Provided, That the agreement on the please of the

accused should be to a lesser offense necessarily included in the offense charged.

Sec. 5. NON-APPEARANCE AT PRE-TRIAL CONFERENCE. Where counsel for

the accused or the prosecutor does not appear at the pretrial conference and does

not offer an acceptable excuse for his lack of cooperation, the court may imposeproper sanctions or penalties.

Sec. 6. PRE-TRIAL ORDER.After the pre-trial conference, the court shall issuean order reciting the actions taken, the facts stipulated, and the evidence marked.

Such order shall bind the parties, limit the trial to matters not disposed of and control

the course of action during the trial, unless modified by the court to prevent manifest

injustice.

Thereafter, where a plea of not guilty is entered, the accused shall have at least

fifteen (15) days to prepare for trial which shall commence within thirty (30) days

from receipt of the pre-trial order.


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Sec. 7. EXTENDED TIME LIMIT. Notwithstanding the provisions of the precedingsections 2 and 6 for the first twelve-calendar-month period following its effectivity, the

time limit with respect to the period from arraignment to trial imposed by said

provision 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.

Sec. 8. TIME LIMIT FOR TRIAL.In criminal cases involving persons charged witha crime, except those subject to the Rule of Summary Procedure, or where the

penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of

one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties,

the court shall, after consultation with the public prosecutor and the counsel for the

accused, set the case for continuous trial 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 Court Administrator pursuant to Section 2,Rule 30 of the Rules of Court.

Sec. 9. EXCLUSIONS. The following periods of delay shall be excluded incomputing the time within which trial must commence:

(a) Any period 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 the existence of a valid 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 bedetermined by due diligence. An essential witness shall be considered


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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 fact that the accused is mentally

incompetent or physically unable 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 mentally incompetent or

physically unable to stand trial.

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

propioor on motion of either 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.

Sec. 10. FACTORS FOR GRANTING CONTINUANCE. The following factors,among others, shall be considered by a court in determining whether to grant a

continuance under subparagraph (f) of Section 9 hereof:

(a) Whether or not the failure to grant a continuance in the proceeding would be like

to 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 otherwise, that it is

unreasonable to expect adequate preparation within the periods of time established

herein.

No continuance under subparagraph (f) Section 9 hereof shall be granted because of

congestion of the courts calendar, or lack of diligent preparation or failure to obtainavailable witnesses on the part of the public prosecutor.

Sec. 11. TIME LIMIT FOLLOWING AN ORDER FOR NEW TRIAL.If the accusedis to be tried again pursuant to an order of a court for a new trial, the trial shall

commence within thirty (30) days from notice of that order, except that the court

retrying the case may extend such period but not to exceed one hundred eighty

(180) days from notice of said order for a new trial if unavailability of witnesses or

other factors make trial within thirty (30) days impractical.

Sec. 12. PUBLIC ATTORNEYS DUTIES WHERE ACCUSED IS IMPRISONED.Ifthe public attorney assigned to defend a person charged with a crime knows that the


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latter is preventively detained, either because he is charged with a bailable crime

and 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:

(a) The public attorney 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 theprisoner requiring such person to so advise the prisoner of his right to demand trial.

(b) Upon receipt of that notice, the person having custody of the prisoner shall

promptly advise the prisoner of the charge and of his right to demand trial, If at any

time 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 person having custody of the prisoner receives from the public attorney

a properly supported request for the availability of the prisoner for purposes of the

trial, the prisoner shall be made available accordingly.

Sec. 13. SANCTIONS.In any case in which private counsel for the accused, thepublic attorney or the public prosecutor:

(a) knowingly allows the case to be set for trial without disclosing the fact that a

necessary witness would be unavailable for trial;

(b) files a motion solely for the purpose of delay which he knows is totally frivolousand without merit;

(c) makes a statement for the purpose of obtaining continuance which he know to be

false and which is material to the granting of a continuance; or

(d) otherwise willfully fails to proceed to trial without justification consistent with the

provisions hereof, the court may punish any such counsel, attorney or prosecutor, as

follows:

(1) in the case of a counsel privately retained in connection with the defense of an

accused, by imposing a fine of not exceeding twenty thousand pesos (P20,000.00);

(2) by imposing on any appointed counsel de oficio, public attorney or public

prosecutor a fine not exceeding five thousand pesos (P5,000.00); and

(3) by denying any defense counsel or public prosecutor the right to practice before

the court considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be without prejudice to any

appropriate criminal action or any other sanction authorized under the Rules of

Court.


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shown. A copy of the order is hereto attached as Annex "E". In mediatable

cases, the judge shall refer the parties and their counsel to the PMC unit for

purposes of mediation if available.

3. During the preliminary conference, the Branch COC shall assist the parties

in reaching a settlement of the civil aspect of the case, mark the documents tobe presented as exhibits and copies thereof attached to the records after

comparison, ascertain from the parties the undisputed facts and admissions

on the genuineness and due execution of documents marked as exhibits and

consider such other matters as may aid in the prompt disposition of the case.

The proceedings during the preliminary conference shall be recorded in the

Minutes of Preliminary Conference to be signed by both parties and counsel.

(Please see Annex "B")

The Minutes of Preliminary Conference and the exhibits shall be attached by

the Branch COC to the case record before the pre-trial.

4. Before the pre-trial conference the judge must study the allegations of the

information, the statements in the affidavits of witnesses and other

documentary evidence which form part of the record of the preliminary

investigation.

5. During the pre-trial, except for violations of the Comprehensive Dangerous

Drugs Act of 2002, the trial judge shall consider plea-bargaining

arrangements.13Where the prosecution and the offended party agree to the

plea offered by the accused, the court shall:

a. Issue an order which contains the plea bargaining arrived at;

b. Proceed to receive evidence on the civil aspect of the case; and

c. Render and promulgate judgment of conviction, including the civil

liability or damages duly established by the evidence.14

6. When plea bargaining fails, the Court shall:

a. Adopt the minutes of preliminary conference as part of the pre-trial

proceedings, confirm markings of exhibits or substituted photocopiesand admissions on the genuineness and due execution of documents

and list object and testimonial evidence;

b. Scrutinize every allegation of the information and the statements in

the affidavits and other documents which form part of the record of the

preliminary investigation and other documents identified and marked

as exhibits in determining farther admissions of facts, documents and in

particular as to the following:15

1. the identity of the accused;2. court's territorial jurisdiction relative to the offense/s charged;


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3. qualification of expert witness/es;

4. amount of damages;

5. genuineness and due execution of documents;

6. the cause of death or injury, in proper cases;

7. adoption of any evidence presented during the preliminary

investigation;

8. disclosure of defenses of alibi, insanity, self-defense, exercise of

public authority and justifying or exempting circumstances; and

9. such other matters that would limit the facts in issue.

c. Define factual and legal issues;

d. Ask parties to agree on the specific trial dates and adhere to the flow

chart determined by the court which shall contain the time frames for thedifferent stages of the proceeding up to promulgation of decision and use

the time frame for each stage in setting the trial dates;

e. Require the parties to submit to the Branch COC the names, addresses

and contact numbers of witnesses that need to be summoned

by subpoena;16and

f. Consider modification of order of trial if the accused admits the charge

but interposes a lawful defense.

7. During the pre-trial, the judge shall be the one to ask questions on issuesraised therein and all questions must be directed to him to avoid hostilities

between parties.

8. All agreements or admissions made or entered during the pre-trial

conference shall be reduced in writing and signed by the accused and

counsel, otherwise, they cannot be used against the accused. The agreements

covering the matters referred to in Section 1 of Rule 118 shall be approved by

the court. (Section 2, Rule 118)

9. All proceedings during the pre-trial shall be recorded, the transcripts

prepared and the minutes signed by the parties and/or their counsels.

10. The trial judge shall issue a Pre-trial Order within ten (10) days after the

termination of the pre-trial setting forth the actions taken during the pre-trial

conference, the facts stipulated, the admissions made, evidence marked, the

number of witnesses to be presented and the schedule of trial. Said Order

shall bind the parties, limit the trial to matters not disposed of and control the

course the action during the trial.17

Republic Act No. 6981 April 24, 1991


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immediate members of his family may avail themselves of the protection

provided for under this Act.

If the Department, after examination of said applicant and other relevant

facts, is convinced that the requirements of this Act and its implementingrules and regulations have been complied with, it shall admit said

applicant to the Program, require said witness to execute a sworn

statement detailing his knowledge or information on the commission of

the crime, and thereafter issue the proper certification. For purposes of

this Act, any such person admitted to the Program shall be known as the

Witness.

Section 4. Witness in Legislative Investigations. - In case of

legislative investigations in aid of legislation, a witness, with his expressconsent, may be admitted into the Program upon the recommendation of

the legislative committee where his testimony is needed when in its

judgment there is pressing necessity therefor: Provided, That such

recommendation is approved by the President of the Senate or the

Speaker of the House of Representatives, as the case may be.

Section 5. Memorandum of Ag reement With the Person to beProtected. - Before a person is provided protection under this Act, heshall first execute a memorandum of agreement which shall set forth his

responsibilities including:

a) to testify before and provide information to all appropriate law

enforcement officials concerning all appropriate proceedings in

connection with or arising from the activities involved in the offense

charged;

b) to avoid the commission of the crime;lawphi1

c) to take all necessary precautions to avoid detection by others of the

facts concerning the protection provided him under this Act;

d) to comply with legal obligations and civil judgments against him;

e) to cooperate with respect to all reasonable requests of officers and

employees of the Government who are providing protection under this

Act; and


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f) to regularly inform the appropriate program official of his current

activities and address.1awphi1

Section 6. Breach of the Memorandum of Agreement. - Substantial

breach of the memorandum of agreement shall be a ground for thetermination of the protection provided under this Act: Provided, however,

That before terminating such protection, the Secretary of Justice shall

send notice to the person involved of the termination of the protection

provided under this Act, stating therein the reason for such termination.

Section 7. Confidentiality of Proceedings.- All proceedings involvingapplication for admission into the Program and the action taken thereon

shall be confidential in nature. No information or documents given or

submitted in support thereof shall be released except upon written orderof the Department or the proper court.

Any person who violates the confidentiality of said proceedings shall

upon conviction be punished with imprisonment of not less than one (1)

year but not more than six (6) years and deprivation of the right to hold a

public office or employment for a period of five (5) years.

Section 8. Rights and Benefits.- The witness shall have the following

rights and benefits:ITC-ALF

(a) To have a secure housing facility until he has testified or until the

threat, intimidation or harassment disappears or is reduced to a

manageable or tolerable level. When the circumstances warrant, the

Witness shall be entitled to relocation and/or change of personal identity

at the expense of the Program. This right may be extended to any

member of the family of the Witness within the second civil degree of

consanguinity or affinity.

(b) The Department shall, whenever practicable, assist the Witness in

obtaining a means of livelihood. The Witness relocated pursuant to this

Act shall be entitled to a financial assistance from the Program for his

support and that of his family in such amount and for such duration as

the Department shall determine.

(c) In no case shall the Witness be removed from or demoted in work

because or on account of his absences due to his attendance before any

judicial or quasi-judicial body or investigating authority, including


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legislative investigations in aid of legislation, in going thereto and in

coming therefrom: Provided, That his employer is notified through a

certification issued by the Department, within a period of thirty (30) days

from the date when the Witness last reported for work: Provided, further,

That in the case of prolonged transfer or permanent relocation, theemployer shall have the option to remove the Witness from employment

after securing clearance from the Department upon the recommendation

of the Department of Labor and Employment.

Any Witness who failed to report for work because of witness duty shall

be paid his equivalent salaries or wages corresponding to the number of

days of absence occasioned by the Program. For purposes of this Act,

any fraction of a day shall constitute a full day salary or wage. This

provision shall be applicable to both government and private employees.

(d) To be provided with reasonable travelling expenses and subsistence

allowance by the Program in such amount as the Department may

determine for his attendance in the court, body or authority where his

testimony is required, as well as conferences and interviews with

prosecutors or investigating officers.

(e) To be provided with free medical treatment, hospitalization and

medicines for any injury or illness incurred or suffered by him because of

witness duty in any private or public hospital, clinic, or at any such

institution at the expense of the Program.

(f) If a Witness is killed, because of his participation in the Program, his

heirs shall be entitled to a burial benefit of not less than Ten thousand

pesos (P10,000.00) from the Program exclusive of any other similar

benefits he may be entitled to under other existing laws.

(g) In case of death or permanent incapacity, his minor or dependent

children shall be entitled to free education, from primary to college level

in any state, or private school, college or university as may be

determined by the Department, as long as they shall have qualified

thereto.

Section 9. Speedy Hearing or Tr ial. - In any case where a Witnessadmitted into the Program shall testify, the judicial or quasi-judicial body,

or investigating authority shall assure a speedy hearing or trial and shall


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endeavor to finish said proceeding within three (3) months from the filing

of the case.

Section 10. S tate Witness . - Any person who has participated in the

commission of a crime and desires to be a witness for the State, canapply and, if qualified as determined in this Act and by the Department,

shall be admitted into the Program whenever the following

circumstances are present:

(a) the offense in which his testimony will be used is a grave felony as

defined under the Revised Penal Code or its equivalent under special

laws;

(b) there is absolute necessity for his testimony;

(c) there is no other direct evidence available for the proper prosecution

of the offense committed:

(d) his testimony can be substantially corroborated on its material points;

(e) he does not appear to be most guilty; and

(f) he has not at any time been convicted of any crime involving moralturpitude.

An accused discharged from an information or criminal complaint by the

court in order that he may be a State Witness pursuant to Section 9 and

10 of Rule 119 of the Revised Rules of Court may upon his petition be

admitted to the Program if he complies with the other requirements of

this Act. Nothing in this Act shall prevent the discharge of an accused,

so that he can be used as a State Witness under Rule 119 of the

Revised Rules of Court.

Section 11.Sworn S tatement.- Before any person is admitted into theProgram pursuant to the next preceding Section he shall execute a

sworn statement describing in detail the manner in which the offense

was committed and his participation therein. If after said examination of

said person, his sworn statement and other relevant facts, the

Department is satisfied that the requirements of this Act and its

implementing rules are complied with, it may admit such person into the

Program and issue the corresponding certification.


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If his application for admission is denied, said sworn statement and any

other testimony given in support of said application shall not be

admissible in evidence, except for impeachment purposes.

Section 12. Effect of Admission of a State Witness into theProgram. - The certification of admission into the Program by theDepartment shall be given full faith and credit by the provincial or city

prosecutor who is required not to include the Witness in the criminal

complaint or information and if included therein, to petition the court for

his discharge in order that he can utilized as a State Witness. The Court

shall order the discharge and exclusion of the said accused from the

information.

Admission into the Program shall entitle such State Witness to immunityfrom criminal prosecution for the offense or offenses in which his

testimony will be given or used and all the rights and benefits provided

under Section 8 hereof.

Section 13. Failure or Refusal of the Witness to Testify. - AnyWitness registered in the Program who fails or refuses to testify or to

continue to testify without just cause when lawfully obliged to do so, shall

be prosecuted for contempt. If he testifies falsely or evasively, he shall

be liable to prosecution for perjury. If a State Witness fails or refuses to

testify, or testifies falsely or evasively, or violates any condition

accompanying such immunity without just cause, as determined in a

hearing by the proper court, his immunity shall be removed and he shall

be subject to contempt or criminal prosecution. Moreover, the enjoyment

of all rights and benefits under this Act shall be deemed terminated.

The Witness may, however, purge himself of the contumacious acts by

testifying at any appropriate stage of the proceedings.

Section 14. Compelled Testimony. - Any Witness admitted into theProgram pursuant to Sections 3 and 10 of this Act cannot refuse to

testify or give evidence or produce books, documents, records or

writings necessary for the prosecution of the offense or offenses for

which he has been admitted into the Program on the ground of the

constitutional right against self-incrimination but he shall enjoy immunity

from criminal prosecution and cannot be subjected to any penalty or

forfeiture for any transaction, matter or thing concerning his compelledtestimony or books, documents, records and writings produced.


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In case of refusal of said Witness to testify or give evidence or produce

books, documents, records, or writings, on the ground of the right

against self-incrimination, and the state prosecutor or investigator

believes that such evidence is absolutely necessary for a successful

prosecution of the offense or offenses charged or under investigation,he, with the prior approval of the department, shall file a petition with the

appropriate court for the issuance of an order requiring said Witness to

testify, give evidence or produce the books, documents, records, and

writings described, and the court shall issue the proper order.

The court, upon motion of the state prosecutor or investigator, shall

order the arrest and detention of the Witness in any jail contiguous to the

place of trial or investigation until such time that the Witness is willing to

give such testimony or produce such documentary evidence.

Section 15. Perjury or Contempt.- No Witness shall be exempt fromprosecution for perjury or contempt committed while giving testimony or

producing evidence under compulsion pursuant to this Act. The penalty

next higher in degree shall be imposed in case of conviction for perjury.

The procedure prescribed under Rule 71 of the Rules of Court shall be

followed in contempt proceedings but the penalty to be imposed shall

not be less than one (1) month but not more than one (1) yearimprisonment.

Section 16. Credibility of Witness. - In all criminal cases, the fact ofthe entitlement of the Witness to the protection and benefits provided for

in this Act shall not be admissible in evidence to diminish or affect his

credibility.

Section 17. Penalty for Harassment of Witness. - Any person who

harasses a Witness and thereby hinders, delays, prevents or dissuadesa Witness from:

(a) attending or testifying before any judicial or quasi-judicial body or

investigating authority;

(b) reporting to a law enforcement officer or judge the commission or

possible commission of an offense, or a violation of conditions or

probation, parole, or release pending judicial proceedings;

(c) seeking the arrest of another person in connection with the offense;


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(d) causing a criminal prosecution, or a proceeding for the revocation of

a parole or probation; or

(e) performing and enjoying the rights and benefits under this Act or

attempts to do so, shall be fined not more than Three thousand pesos(P3,000.00) or suffer imprisonment of not less than six (6) months but

not more than one (1) year, or both, and he shall also suffer the penalty

of perpetual disqualification from holding public office in case of a public

officer.

PRESIDENTIAL DECREE No. 749 July 18, 1975

GRANTING IMMUNITY FROM PROSECUTION TO GIVERS OF

BRIBES AND OTHER GIFTS AND TO THEIR ACCOMPLICES INBRIBERY AND OTHER GRAFT CASES AGAINST PUBLIC

OFFICERS

WHEREAS, public office is a public trust: public officers are but servants

of the people, whom they must serve with utmost fidelity and integrity;

WHEREAS, it has heretofore been virtually impossible to secure the

conviction and removal of dishonest public servants owing to the lack of

witnesses: the bribe or gift-givers being always reluctant to testifyagainst the corrupt public officials and employees concerned for fear of

being indicted and convicted themselves of bribery and corruption;

WHEREAS, it is better by far and more socially desirable, as well as just,

that the bribe or gift giver be granted immunity from prosecution so that

he may freely testify as to the official corruption, than that the official who

receives the bribe or gift should be allowed to go free, insolently

remaining in public office, and continuing with his nefarious and corrupt

practices, to the great detriment of the public service and the publicinterest.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers in me vested by the Constitution, do

hereby decree and order that:

Section 1. Any person who voluntarily gives information about any

violation of Articles 210, 211, and 212 of the Revised Penal Code;

Republic Act Numbered Three Thousand Nineteen, as amended;


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Section 345 of the Internal Revenue Code and Section 3604 of the Tariff

and Customs Code and other provisions of the said Codes penalizing

abuse or dishonesty on the part of the public officials concerned; and

other laws, rules and regulations punishing acts of graft, corruption and

other forms of official abuse; and who willingly testifies against anypublic official or employee for such violation shall be exempt from

prosecution or punishment for the offense with reference to which his

information and testimony were given, and may plead or prove the giving

of such information and testimony in bar of such prosecution: Provided;

that this immunity may be enjoyed even in cases where the information

and testimony are given against a person who is not a public official but

who is a principal, or accomplice, or accessory in the commission of any

of the above-mentioned violations: Provided, further, that this immunity

may be enjoyed by such informant or witness notwithstanding that he

offered or gave the bribe or gift to the public official or his accomplice for

such gift or bribe-giving; and Provided, finally, that the following

conditions concur:

1. The information must refer to consummated violations of any of the

above-mentioned provisions of law, rules and regulations;

2. The information and testimony are necessary for the conviction of theaccused public officer;

3. Such information and testimony are not yet in the possession of the

State;

4. Such information and testimony can be corroborated on its material

points; and

5. The informant or witness has not been previously convicted of a crime

involving moral turpitude.

Section 2. The immunity granted hereunder shall not attach should it

turn out subsequently that the information and/or testimony is false and

malicious or made only for the purpose of harassing, molesting or in any

way prejudicing the public officer denounced. In such a case, the public

officer so denounced shall be entitled to any action, civil or criminal,

against said informant or witness.


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Section 3. All preliminary investigations conducted by a prosecuting

fiscal, judge or committee, and all proceedings undertaken in connection

therewith, shall be strictly confidential or private in order to protect the

reputation of the official under investigation in the event that the report

proves to be unfounded or no prima facie case is established.

Section 4.All acts, decrees and rules and regulations inconsistent with

the provisions of this decree are hereby repealed or modified

accordingly.

Section 5.This Decree shall take effect immediately.

pre-trial and trial laws

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