RULE 119: Trial

Sec. 1. Time to Prepare for Trial

- after plea of not guilty, accused has 15 days to prepare for trial
- trial commences within 30 days from receipt of pre-trial order

Sec. 2. Continuous Trial until Terminated; POSTPONEMENTS

- entire trial period shall not exceed 180 days from first day of trial, EXCEPT:

• Otherwise authorized by Supreme Court
• Special laws
• Supreme Court circulars

- discretionary on court so it may not be compelled by mandamus or by appeal, UNLESS there is grave abuse of discretion

Sec. 3. Exclusions

- delays that are to be excluded in computing the time within which trial must commence

Sec. 4. Factors for Granting Continuance

• When continuation of proceeding would become impossible or result in miscarriage of justice
• Novelty of the case, complexity or unusualness, or unreasonable to expect adequate preparation within the period

- no granting of continuance for the following REASONS:

1. Congestion of the court’s calendar
2. Lack of diligent preparation by prosecutor
3. Failure to obtain available witnesses by prosecutor
   

Sec. 5. Time Limit Following an Order for New Trial

- new trial shall commence within 30 days from notice of order
- court may extend but not to exceed 180 days from notice of order

Sec. 6. Extended Time Limit

- arraignment can be made anytime after 80 days

Sec. 7. Public Attorney’s Duties where Accused is Imprisoned

• Obtain presence of the accused for trial, or notify the prison custodian to advise the accused of his right to demand trial
• Upon receipt of notice, the prison custodian shall promptly advise the accused of the same and inform the public attorney of such advice made
• Upon receipt of notice by prison custodian, the prosecutor shall request the availability of the accused for purposes of trial
  

Sec. 8. Sanctions

- administrative, criminal, and contempt of court for the following ACTS:

1. Knowingly allows trial to proceed even though a material witness is unavailable
2. Files a motion solely for delay, frivolous and without merit
3. Makes statements for purpose of obtaining continuance, knowing them to be false and are material to the granting of continuance

Sec. 9. Remedy where Accused is not brought to Trial within the Time Limit

- accused may file motion to dismiss on ground of denial of his right to speedy trial; he has burden of proving the same
- prosecution has burden of going forward with the evidence to establish the exclusion of time

NOTA BENE: If accused fails to move to dismiss prior to trial, it shall constitute a waiver.

Sec. 10. Law on Speedy Trial not a Bar to Provision on Speedy Trial in the Constitution

- the Constitution prevails

Sec. 11. Order of Trial

• Prosecution presents evidence
• Accused may present evidence to prove his defense
• Both prosecution and defense may present rebuttal and sur-buttal evidence, but court may allow them to present additional evidence
• Upon admission of evidence, case is submitted for decision, but court may allow oral argument or submission of written memoranda
  

- reverse trial if accused interposes a lawful defense

Sec. 12. Application for Examination of Witness for Accused before Trial

• Name and residence of the witness
• Substance of his testimony
• Witness is sick or infirm in such a manner as to afford reasonable ground for believing that he may not be able to attend the trial, or he lives more than 100 kilometers away from place of trial
  

- motion shall be supported by affidavit of the accused and any other evidence

Sec. 13. Examination of Defense Witness; HOW MADE

- order made, containing specific date, time, and place
- a copy shall be sent to the prosecutor at least 3 days before scheduled examination
- WHO MAY EXAMINE: judge, member of the Bar in good standing so designated by the judge, or judge of inferior court

NOTA BENE: If the prosecutor fails to appear for examination despite due notice, the examination shall proceed.

- a written record of the testimony

Sec. 14. Bail to Secure Appearance of Material Witness

- if material witness refuses to appear, court may order him to post bail
- if material witness still refuses to post bail, court may commit him to prison until he complies or is legally discharged after giving testimony

Sec. 15. Examination of Witness for the Prosecution

- conditional examination by judge of the court where case is pending

REASONS:

1. Witness is too sick or infirm
2. Has to leave the Philippines with no definite date of returning

- accused should be notified; failure to appear despite due notice shall constitute a waiver

Sec. 16. Trial of Several Accused

- tried jointly, UNLESS court orders otherwise

Sec. 17. Discharge of Accused to be State Witness

• Absolute necessity for his testimony
• No other direct evidence available except his testimony
• Testimony can be substantially corroborated in its material points
• Does not appear to be the most guilty
• Has not been convicted of a crime involving moral turpitude
  

NOTA BENE: If court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence against him.

- file before prosecution rests its case
- with the consent of the accused who is going to become witness
- prosecution must prove that discharge satisfies the above conditions

Sec. 18. Discharge of the Accused Operates as Acquittal

- a bar to future prosecution for the same offense, UNLESS accused fails or refuses to testify in accordance with his sworn statement
- if proven that one of the conditions for discharge do not exist, the court cannot recall the discharge, EXCEPT if the accused fails or refuses to testify as promised

EFFECT OF FAILURE TO TESTIFY:

1. He may be prosecuted for the same offense
2. His confession may be used against him

Sec. 19. When Mistake Has Been Made in Charging the Proper Offense

- DURING TRIAL: accused shall not be discharged; court will instead dismiss the original case and order refiling of the proper information

Sec. 20. Appointment of Acting Prosecutor

Sec. 21. Exclusion of the Public

- GENERAL RULE: accused is entitled to a public trial
- EXCEPTION: if the evidence to be produced is offensive to decency or public morals; if the accused, on motion, requests exclusion of public

Sec. 22. Consolidation of Trials of Related Offenses

- tried jointly

Sec. 23. Demurrer to Evidence

- court may dismiss the case on ground of insufficiency of evidence (1) on its own initiative after giving prosecutor opportunity to be heard; and (2) upon demurrer to evidence by accused with or without leave of court

WITH LEAVE OF COURT: (file this within non-extendible period of 10 days after prosecution rests)
- if demurrer to evidence is denied, accused may adduce evidence in his defense
- if leave of court is granted, accused shall file demurrer to evidence within non-extendible period of 10 days from notice...prosecution also has same period from receipt to oppose the demurrer

WITHOUT LEAVE OF COURT:
- if denied, accused waives right to present evidence in his defense and submits the case for judgment relying only on the evidence of the prosecution

NOTA BENE:

• Denial of motion for leave of court or demurrer to evidence is not reviewable by appeal or certiorari before judgment.
• If court dismisses the case based on demurrer to evidence, this is tantamount to acquittal, so bar against a subsequent prosecution (double jeopardy).

Sec. 24. Reopening

- before finality of judgment
- motu propio or upon motion, with hearing in both cases
- proceedings shall terminate within 30 days from order of reopening