Republic of the Philippines Supreme Court Manila 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. June 30, 2015. MARIA LOURDES P. A. SERENO Chief Justice Ch Gm [beg ~) On 1s ANTONIO ‘T. CARPIO PRMSBITERO J. VELASCO, JR. Associate Justice Associate Justice ] A do On leave TERESITA, Maanihots CASTRO ARTURO D. BRION Associate Justice Associate Justice DIOSDADQ M, PERALTA Associte JusticeMARIANO C. DEL CASTILLO Associate Justice 7 JOSE GAY. PERKZ, JOSE GA\TRAL|MENDOZA ssociate Justice Agsbciate Justice On leave BIENVENIDO L. REYES ESTELA we Gt onan Associate Justice Associate Justice FRANCIS H. Peo Associate JusticeADMINISTRATIVE ORDER NO. ADOPTING THE GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES IN PILOT COURTS WHEREAS, about seventy-seven percent (77%) of cases filed and pending in the trial courts are criminal cases; 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 L Applicability ‘These Guidelines shall apply in all criminal cases in the First and Second Levei Courts. IL. 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 datés 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) 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 judge himself/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6. 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 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) 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. Motion Day Trial shall be held from Monday to Thursday, at 8:30 in the morning, and 2:00 in the afternoon. 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. Hearing on motions,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. Ul. 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 R. Picardal-Tecson Manila City Metropolitan Trial Courts 9. Branch 30 Judge Glenda M. Ramos 10.Branch 17 Judge Amalia 8. 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 aFamily Courts 15, Branch 5 Judge Emily 1. San Gaspar-Gito 16. Branch 29 Judge Roberto P. Quiroz 17. Branch 38 Judge Maria Celestina C. Mangrobang 18. Branch 4 Judge Jose Lorenzo R. Dela Rosa Quezon City Metropolitan Trial Courts 19. Branch 42 Judge Juris 8. 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 Drugs 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* Drugs Courts $7. 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 Parafiaque 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. Castaneda 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 Judgment; Plea to a Lesser Offense; Out on Bail: “When the accused was arraigned for the lesser crime of by reading the Information ina 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 toa 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.” * Tt 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 2 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. 10Annex 4 Template Order When there is No Plea Bargaining or Plea of Guilty: “When the accused (name), assisted by his/her counsel de partefde oficio (name), was artaigned 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 intransfertable, 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.” “fx: 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. © Ifnecessary, 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: (Gtate 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.” 12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.” 13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 seton____ 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. 14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 and the presentation of surrebuttal evidence set on of the accused is hereby set on as previously scheduled. SO OREDERED.” *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. 15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 OREDERED.” 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 j SO ORDERED.” * Should not be more than ninety (90) days from the submission of the case for decision. 16