Adopting the Guidelines for Continuous Trial of Criminal Cases in Pilot Courts

June 30, 2015

EN BANC

A.M. No. 15-06-10-SC

RE: ADOPTING THE GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES IN PILOT COURTS

RESOLUTION

Acting on the recommendation of the Chairman of the Special Committee on Speedy Trial submitting for this Court's consideration and approval the Proposed Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, which will take effect on August 17, 2015, the Court Resolved to APPROVE the same. The said Rule is hereto attached as an integral part of this Resolution.

(SGD.) MARIA LOURDES P. A. SERENOChief Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

On leavePRESBITERO J. VELASCO, JR.Associate Justice

(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate Justice

On leaveARTURO D. BRIONAssociate Justice

(SGD.) DIOSDADO M. PERALTAAssociate Justice

(SGD.) LUCAS P. BERSAMINAssociate Justice

(SGD.) MARIANO C. DEL CASTILLOAssociate Justice

(SGD.) MARTIN S. VILLARAMA, JR.Associate Justice

(SGD.) JOSE PORTUGAL PEREZAssociate Justice

(SGD.) JOSE CATRAL MENDOZAAssociate Justice

On leaveBIENVENIDO L. REYESAssociate Justice

(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) FRANCIS H. JARDELEZAAssociate Justice

ADMINISTRATIVE ORDER NO. _____

ADOPTING THE GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES IN PILOT COURTS

WHEREAS, about seventy-seven (77%) of cases filed and pending in the trial courts are criminal cases; CAIHTE

WHEREAS, due to the trial court's burgeoning dockets, trial has become "piecemeal" and spread over months and even years;

WHEREAS, with the advent of eCourts, automation has opened possibilities for speedier processing and adjudication of cases;

NOW, THEREFORE, considering the foregoing premises, the following guidelines are hereby adopted for the continuous trial of criminal cases in the selected pilot courts, as follows:

Guidelines for Continuous Trial

I. Applicability

These Guidelines shall apply in all criminal cases in the First and Second Level Courts.

II. Procedure

1. Once the court has acquired jurisdiction over the person of the accused, the arraignment of the accused shall be set within the periods provided under the Rules, which should be not more than ten (10) days for detention prisoners, nor more than thirty (30) days for non-detainees, unless a shorter period is provided by special law or Supreme Court Circular.

2. The court shall issue subpoena to the accused, his counsel, the public prosecutor and witnesses whose names appear in the Information for purposes of plea bargaining and notification of the pre-trial and trial dates.

3. Arraignment

3.1. Plea Bargaining Except in Drug Cases. — If the accused desires to enter a plea of guilty to a lesser offense, plea bargaining should immediately proceed, provided that the private offended party in private crimes, or the arresting officer in victimless crimes, is present to give his conformity to the plea bargaining. Thereafter, judgment shall immediately be rendered in the same proceedings. (see Annexes 1 and 2)

3.2. Plea of Guilty to the Crime Charged in the Information. — If the accused pleads guilty to the crime charged in the Information, judgment shall immediately be rendered, except in those cases involving capital offenses. (see Annex 3)

3.3. Where No Plea Bargaining or Plea of Guilty Takes Place. — If the accused does not enter a plea of guilty, whether to a lesser offense or the offense charged in the Information, the court shall immediately proceed with the arraignment of the accused and, thereafter, indicate the pre-trial and trial dates in the Order.

 The schedule of the pre-trial and trial dates for both the prosecution and the defense should be within the periods provided in the Regular Rules/Special Rules. The trial dates may be shortened depending on the number of witnesses to be presented. In this regard, a flowchart shall be prepared by the court which shall serve as the final schedule of hearings. (see Annex 4)

4. Pre-Trial

4.1. The conduct by the branch clerk of court of a preliminary conference as part of pre-trial should only be done when the issues are complex. The judges themselves should conduct the pre-trial.

4.2. Proposals for stipulations shall be done by the judgehimself/herself and shall not be left to the counsel.

4.3. The documentary evidence of the prosecution and the defense shall be marked.

4.4. The Pre-trial Order shall immediately be served to the parties and counsel after the termination of the pre-trial. (see Annexes 5 and 6)

5. Trial Proper

5.1. Presentation of Evidence for the Prosecution. —

5.1.1. As a rule, motions for postponement filed by the prosecution are prohibited. However, if the motion is granted based on exceptional grounds, the prosecution shall be warned that the presentation of its evidence must be finished on the dates previously agreed upon and allotted to it.

5.1.2. After the presentation of its last witness, the prosecution shall orally offer its evidence. The accused shall orally comment or object to the prosecution's offer of evidence. Thereafter, the judge shall orally resolve the oral offer and the comment or objection of the accused, if any.

5.1.3. After the prosecution rested its case, the court shall inquire from the defense if it desires to move for leave of court to file a demurrer to evidence, or to proceed with the presentation of its evidence. If the defense orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve the same. (see Annex 7)

5.2. Presentation of Evidence for the Defense. —

5.2.1. As a rule, motions for postponement filed by the accused are prohibited. However, if the motion is granted based on exceptional grounds, the defense shall be warned that the presentation of its evidence must be finished on the dates previously agreed upon and allotted to it.

5.2.2. After the presentation of its last witness, the defense shall orally offer its evidence. The prosecution shall orally comment or object to the defense's offer of evidence. Thereafter, the judge shall resolve the oral offer and the comment or objection of the prosecution, if any. If rebuttal evidence is no longer necessary, the court shall consider the case submitted for the decision. (see Annexes 8 and 9)

5.3. Presentation of Rebuttal and Surrebuttal Evidence. —

5.3.1. If the court grants the presentation of rebuttal evidence, the prosecution shall proceed with the presentation and orally rest its case in rebuttal after the presentation of its last rebuttal witness. The defense shall then present its surrebuttal evidence and orally rest its case in surrebuttal after the presentation of its last surrebuttal witness. Thereafter, the court shall submit the case for decision. (see Annexes 10 to 12)

6. Promulgation

 The court shall announce in open court the date of the promulgation of its decision which should be within the period provided under the Regular/Special Rules. The submission of memorandum is discretionary on the part of the court. The date of promulgation of decision should not be more than ninety (90) days from the date the case is submitted for decision, except for those covered by Special Rules and other laws which provide for a shorter period.

7. Motion Day

 Trial shall be held from Monday to Thursday, at 8:30 in the morning, and 2:00 in the afternoon. Hearing on motions, arraignment, and promulgation of decision shall be held on Fridays.

8. Training Seminar

 A training seminar consisting of lectures on the Guidelines for Continuous Trial of Criminal Cases and skills development of judges in the pilot courts shall immediately be conducted by the Philippine Judicial Academy in coordination with the Committee on Speedy Trial of the Supreme Court.

9. Implementation and Monitoring

 The Speedy Trial Committee of the Supreme Court shall oversee and monitor the implementation of the continuous trial program and may create technical working groups for this purpose.

III. Designation of Pilot Courts

The following courts shall pilot test these Guidelines:

Makati City

Metropolitan Trial Courts

1. Branch 61 — Judge Barbara-Aleli H. Briones

2. Branch 65 — Judge Henry E. Laron

Regional Trial Courts

Regular Courts

3. Branch 57 — Judge Honorio E. Guanlao, Jr.

4. Branch 145 — Judge Carlito B. Calpatura

Drugs Courts

5. Branch 64 — Judge Gina M. Bibat-Palamos

6. Branch 135 — Judge Josephine A. Vito Cruz

Family Courts

7. Branch 140 — Judge Cristina J. Sulit

8. Branch 144 — Judge Liza Marie P. Picardal-Tecson

Manila City

Metropolitan Trial Courts

9. Branch 30 — Judge Glenda M. Ramos

10. Branch 17 — Judge Amalia S. Gumapos-Ricablanca

Regional Trial Courts

Regular Courts

11. Branch 41 — Judge Rosalyn M. Loja

12. Branch 54 — Judge Maria Paz R. Reyes-Yson

Drugs Courts

13. Branch 35 — Judge Ma. Bernardita J. Santos

14. Branch 31 — Judge Maria Sophia T. Solidum-Taylor

Family Courts

15. Branch 5 — Judge Emily L. San Gaspar-Gito

16. Branch 29 — Judge Roberto P. Quiroz

17. Branch 38 — Judge Maria Celestina C. Mangrobang

18. Branch 4 — Judge Jose T. Lorenzo R. Dela Rosa

Quezon City

Metropolitan Trial Courts

19. Branch 42 —Judge Juris S. Dilinila-Callanta

20. Branch 32 — Judge Janet Abergos Samar

Regional Trial Courts

Regular Courts

21. Branch 224 — Judge Tita Marilyn P. Villordon

22. Branch 223 — Judge Caridad M. Walse-Lutero

Drug Courts

23. Branch 218 — Judge Luis Zenon Q. Maceren

24. Branch 79 — Judge Nadine Jessica Corazon J. Fama

Family Courts

25. Branch 94 — Judge Roslyn R. Tria

26. Branch 106 — Judge Angelene Mary Quimpo-Sale

Marikina City

Metropolitan Trial Courts

27. Branch 76 — Judge James T. Sy

28. Branch 93 — Judge Suzanne C. Nabaza

Regional Trial Courts

Regular Courts

29. Branch 273 — Judge Romeo D. Tagra

30. Branch 272 — Judge Felix P. Reyes

Family Courts

31. Branch 192 — Judge Geraldine Fiel-Macaraig

32. Branch 168 — Judge Lorna Francisca Chua Cheng

Pasig City

Metropolitan Trial Courts

33. Branch 68 — Judge Eduardo Ramon R. Reyes

34. Branch 69 — Judge Christian Emmanuel G. Pimentel

Regional Trial Courts

Regular Courts

35. Branch 71 — Judge Elisa R. Sarmiento-Flores

36. Branch 155 — Judge Maria Gracia A. Cadiz-Casaclang

Drug Courts

37. Branch 154 — Judge Achilles Aristotle Apolinario C. Bulauitan

38. Branch 164 — Judge Jennifer A. Pilar

Pasay City

Metropolitan Trial Courts

39. Branch 46 — Judge Restituto V. Mangalindan, Jr.

40. Branch 47 — Judge Glenn D. Santos

41. Branch 48 — Judge Allan B. Ariola

Regional Trial Courts

Regular Courts

42. Branch 111 — Judge Wilhelmina J. Wagan

43. Branch 118 — Judge Rowena Nieves Adena Tan

Parañaque City

Metropolitan Trial Courts

44. Branch 77 —Judge Donato H. De Castro

45. Branch 78 — Judge Ramsey Domingo G. Pichay

46. Branch 87 — Judge Leilani Marie Dacanay-Grimares

47. Branch 88 — Judge Belen S. Carasig

48. Branch 89 — Judge Harold Cesar C. Huliganga

49. Branch 90 — Judge Marisa M. Buenagua

50. Branch 91 — Judge Christian P. Castañeda

Muntinlupa City

Regional Trial Courts

Regular Court

51. Branch 276 — Judge Antonietta P. Medina

Family Court

52. Branch 207 — Judge Philip A. Aguinaldo

ANNEX 1

Template Judgement; Plea to a Lesser Offense; Out on Bail:

"When the accused was arraigned for the lesser crime of _________, by reading the Information in a language known and understood by the accused, assisted by his/her counsel de oficio/de parte (name of counsel), accused, entered a plea of guilty. The private complainant (name of complainant) and the public prosecutor (name of prosecutor) conformed with the accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt for the crime of ________, defined and penalized under ________, and is hereby sentenced to suffer the penalty * of _______________.

SO ORDERED."

* It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period, unless the applicable penalty is one (1) year or less.

ANNEX 2

Template Judgment; Plea to a Lesser Offense; Detention Prisoner:

"When the accused was arraigned for the lesser crime of ________, by reading the Information in a language known and understood by the accused, assisted by his/her counsel de oficio/de parte (name of counsel), accused entered a plea of guilty. The private complainant (name of complainant) and the public prosecutor (name of prosecutor) conformed with the accused pleading guilty to a lesser offense.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt for the crime of _______, defined and penalized under _________, and is hereby sentenced to suffer the indeterminate penalty* of ___________.

The period within which the accused was detained shall be credited to him in full, as long as he abides by and strictly follows the rules and regulations of the institution where he is detained or confined.

SO ORDERED."

* It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period, unless the applicable penalty is one (1) year or less.

ANNEX 3

Template Judgment; Plea of Guilty to the Crime Charged:

"When the accused was arraigned by reading the Information in the language known and understood by him/her, assisted by his/her counsel de oficio/de parte (name of counsel), the accused entered a plea of guilty. When queried, the accused and his/her counsel informed the court that the accused fully understands the nature and consequence of his entering a plea of guilty to the crime charged in the Information.

WHEREFORE, judgment is hereby rendered finding the accused (name of the accused) guilty beyond reasonable doubt of the crime __________, as defined and penalized under _________, and there being one mitigating circumstance of plea of guilty as provided for in Paragraph 7 of Article 13 of the Revised Penal Code* and is hereby sentenced to suffer the indeterminate penalty** of ____________.

The period within which the accused was detained shall be credited to him in full, as long as he abided by and strictly followed the rules and regulations of the institution where he was detained or confined.

SO ORDERED."

* Only in those crimes where plea of guilty is allowed as a mitigating circumstance.

** It may be a straight penalty if imposed by the First Level Court and the penalty is one (1) year or less. But, if imposed by the Second Level Court, the penalty must provide for a minimum period and a maximum period.

ANNEX 4

Template Order When there is No Plea Bargaining or Plea of Guilty:

"When the accused (name), assisted by his/her counsel de parte/de oficio (name), was arraigned by reading to him/her the Information in a language known and understood by him/her, said accused entered the plea of Not Guilty.

The pre-trial is hereby set on July 7 and 9, 2015, both at 8:30 in the morning.*

Trial will proceed on July 28 and 30, August 4, 6, 11, and 13, 2015, all at 8:30 in the morning and 2:00 in the afternoon, for the prosecution to present and terminate its evidence; and on September 1, 3, 8, 10, 15, and 17, 2015, all at 8:30 in the morning and 2:00 in the afternoon, for the defense to present and terminate its evidence.**

The parties are hereby ordered to be ready to take up the matters set forth in the Rules on Pre-Trial so as not to unduly delay the proceedings. (The parties agreed to use the affidavit of witnesses or affidavit of witnesses submitted to the Prosecutor's Office or sworn statement given to investigating agencies as their direct testimonies, and to mark the same in the pre-trial)***

The pre-trial and the trial dates are final and intransferable, and no motions for postponement that are dilatory in character shall be entertained by the court.

The accused (name of accused), his counsel (name of counsel), public prosecutor (name of prosecutor), and the witness (name of witness) are hereby notified of this Order in open court. The court shall no longer issue subpoena to the parties present today.

SO ORDERED."

*Ex: Tuesday and Thursday, should be one (1) day apart.

**This will depend on the number of witnesses listed in the information. It is suggested that for every witness, two (2) trial dates should be allotted. The trial dates should likewise be one (1) day apart.

***For First Level Courts only.

• If necessary, two (2) trial dates shall be allotted for the rebuttal evidence of the prosecution, and likewise, two (2) trial dates for the surrebuttal evidence of the accused.

ANNEX 5

Template Pre-Trial Order to be issued by First Level Courts

"At the Pre-Trial, the parties agreed to stipulate on the following:

(State Stipulations)

The parties agreed and marked the (affidavit of witnesses or affidavit of witnesses submitted to the Prosecutor's Office or sworn statement given to investigating agencies) as the direct testimonies of the witnesses of the prosecution and the accused.

The prosecution and the accused marked in evidence the following documents:

(List of Exhibits)

The prosecution and the accused will present their respective witnesses as follows:

(List Witnesses)

The presentation of the evidence of the prosecution and the accused shall be those that have been previously agreed upon during the arraignment of the accused, as follows:

(List)

The court shall not allow the presentation of documentary evidence or testimonial evidence not presented during the pre-trial, except for exceptional reasons, and/or rebuttal purposes.

The contents of this pre-trial order shall control the subsequent course of action.

SO ORDERED."

ANNEX 6

Template Pre-Trial Order to be issued by Second Level Courts

"At the Pre-Trial the parties agreed to stipulate on the following:

(State Stipulations)

The prosecution and the accused marked in evidence the following documents:

(Marking of Exhibits)

The prosecution and the accused will present their respective witnesses as follows:

(List Witnesses)

The presentation of the evidence of the prosecution and the accused shall be those that have been previously agreed upon during the arraignment of the accused, as follows:

(List)

The court shall not allow the presentation of documentary evidence or testimonial evidence not presented during the pre-trial, except for exceptional reasons, and/or rebuttal purposes.

The contents of this pre-trial order shall control the subsequent course of action.

SO ORDERED."

ANNEX 7

Template Order on Resting the Case of the Prosecution:

"After the prosecution rested its case today, trial shall proceed on _______, for the accused to present and terminate his evidence, of which date and time, the accused, his/her counsel and the prosecutor are already notified in open court.

SO ORDERED."

ANNEX 8

Template Order on Resting the Case of the Accused; Case is Submitted for Decision:

"After the presentation of its last witness, the defense rested its case. There being no rebuttal evidence to be presented by the prosecution, the court considers the case submitted for decision. The promulgation of the decision of this case is hereby set on __________ of which date and time,* the accused, his/her counsel, and the prosecution have been notified in open court this morning.

SO ORDERED."

*Should not be more than ninety (90) days from the submission of the case for decision.

ANNEX 9

Template Order on Resting the Case of the Accused when Motion to File Memoranda is Granted; Case is Submitted for Decision:

"After the accused rested his/her case today and there being no rebuttal evidence to be presented by the prosecution, the court considers the case submitted for decision.

As prayed for, the parties are hereby given ten 10 days from today within which to submit their respective memoranda.*

With or without memoranda, the promulgation of the decision of this case is hereby set on  ____________ of which date and time,** the accused, his/her counsel and the public prosecutor, are notified of this order in open court.

SO ORDERED."

*It is discretionary upon the court to grant or deny the parties motion to submit memoranda.

**Should not be more than ninety (90) days from the submission of the case for decision.

ANNEX 10

Template Order on Presentation of Rebuttal Evidence of Prosecution:

"After the accused rested his/her case today, the presentation of rebuttal evidence of the prosecution is hereby set on _________, and the presentation of surrebuttal evidence of the accused is hereby set on ____________, as previously scheduled.

SO ORDERED."

*If after the presentation of the rebuttal witness, the prosecution should orally offer its evidence in rebuttal and the counsel for the accused should immediately raise his objections or comments, the court shall resolve the offer and respective objection or comment.

ANNEX 11

Template Order on Presentation of Surrebuttal Evidence of the Accused:

"After the prosecution offered its documentary evidence in rebuttal, the reception of the surrebuttal evidence of the accused is set on ________.

SO ORDERED."

ANNEX 12

Template Order; No Surrebuttal Evidence for the Accused:

"After the prosecution rested in rebuttal its evidence, the accused manifested that he/she is no longer presenting his surrebuttal evidence, the promulgation of the decision of this case is hereby set on __________. *

SO ORDERED."

*Should not be more than ninety (90) days from the submission of the case for decision.