APPLICABILITY

 Newly-filed criminal cases, including those governed by Special Laws and Rules: Comprehensive Dangerous Drugs Act
Cybercrime Prevention Act
Rules of Procedure for Environmental Cases
Rules of Procedure for Intellectual Property Rights Cases
Criminal Cases cognizable by Family Courts and Commercial Courts, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals
 Pending criminal cases with respect to the remainder of the proceedings
 Not applicable to criminal cases filed und Rules of Summary Procedure, UNLESS expressly provided

HEARING DAYS AND CALENDAR CALL If a party fails to qualify for PAO services, the
IBP shall provide free legal assistance to the
TRIAL – Monday to Thursday at exactly 8:30 party. The IBP shall submit the list of lawyers
AM and 2:00 PM to the Executive Judge for possible
appointment as counsel de officio in such
HEARING on motions, arraignment cases
and pre-trial, and promulgation of MOTIONS
decision – mornings of Fridays INHIBITION (RULE 37) – resolved Where only the civil liability is being
immediately or within two (2) calendar days from prosecuted, the head of the prosecution
* Court calendar shall be posted one (1) day the date of filing office may issue a written authority to a
before scheduled hearing
private prosecutor who may prosecute in the
PROHIBITED MOTIONS – denied outright absence of the public prosecutor
before arraignment without need of comment
ARCHIVING OF CASE POSTPONEMENT – generally prohibited; CONSOLIDATION OF CASES
shall be done within the period prescribed under the guidelines. A criminal exceptions: may be done even before raffling provided a motion for consolidation
case shall be archived only if, after the issuance of the warrant of arrest, the accompanies the filing before the Office of the Clerk of Court. If a new
accused remains at large for six (6) months from the delivery of the warrant  Acts of God case is filed involving an accused who has been subjected to further
to the proper peace officer. Such case may likewise be archived when  Force majeure investigation by the office of the prosecutor over an incident involving
proceedings therein are ordered suspended for an indefinite period  Physical inability of the witness to the same subject matter as that of the already raffled information, the
because: a.) the accused appears to be suffering from an unsound mental appear and testify new case shall be assigned directly to the court where the earlier case is
condition, b.) a valid prejudicial question in a civil action is invoked during the pending, provided, there is a motion for consolidation from the office of
pendency of the criminal case, c.) an interlocutory order or incident in the Motions shall be accompanied by original the prosecutor that accompanies its filing in court. The evidence so far
criminal case is elevated to a higher court which issued a TRO or writ of receipt from the adverse party. presented may be adopted, without prejudice to additional direct and
preliminary injunction, d.) when the accused has jumped bail before Presentation of evidence must still be cross-examination questions.
arraignment and cannot be arrested by the bondsman
finished on the dates previously agreed
upon
 Pre-trial shall proceed even if parties are absent provided, they
were notified and the counsel for the accused and the public
prosecutor are present.
The pre-trial order shall immediately be served upon the parties
and counsel on the same day after the termination of the pre-
trial.
Courts must strictly comply with the Guidelines in Conduct of Pre-
Trial.
Mediation terminated within
non-extendible period of 30
days from date of referral to
PMC.
After lapse of mediation period
or if mediation fails, trial shall
proceed
Petition for bail filed after the filing of the information shall be
set for summary hearing after arraignment and pre-trial.
▣ Heard and resolved within non-extendible period of
30 calendar days from the date of first hearing
▣ Except drug cases which shall be heard and
resolved within 20 calendar days.
No need of oral argument and submission of memoranda.
MR on the resolution of petition for bail resolved within non-
extendible period of 10 calendar days from submission of
motion.
Resolution shall be based solely on evidence presented during
bail proceedings.
Prosecution must present evidence which is only essential in
establishing that evidence of guilt is strong.
Accused need not present evidence to rebut this.
Presentation of evidence in chief shall not be suspended
while awaiting resolution of petition or MR

Testimonies of witnesses:
 duly subscribed written statements given to law enforcement officers or
 affidavits or counter-affidavits submitted before the investigating prosecutor and
 if such are not available, testimonies shall be in the form of judicial affidavits.
For First Level Courts,
The trial prosecutor may opt to instead prepare judicial affidavits or modify or revise the said sworn statements
For Second Level Courts, Sandiganbayan, and CTA:
 Where demeanor of the witnesses is not essential
 To testify on the authenticity, due execution and the contents of public documents and reports, and
 In criminal cases that are transactional in character (e.g. falsification, malversation, estafa) or other crimes
where culpability can be established through documents.
The court shall encourage the accused and the prosecution to avail of Secs. 12 and 13 and 15, Rule 119.
In the absence of the counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de officio
Memoranda is discretionary on the part of the court which in no case shall exceed 25 pages, single-spaced, on legal size paper, using size 14 font.
Filing of memoranda is non-extendible and shall not suspend the running of the period of promulgation of the decision

DEMMURER TO EVIDENCE
The court shall inquire from the accused his desire to move for leave of court to file demurrer to evidence or to proceed in presenting his evidence.
If oral motion for leave of court to file a demurrer is made, the court shall orally resolve the same.
If motion for leave is denied, the court shall issue an order for the accused to present and terminate his evidence on the dates agreed upon, and to orally offer and rest his case on the day the last witness is presented.
If accused files demurrer without leave, the scheduled dates for the accused to present evidence shall be cancelled
 Demurrer shall be filed within non-extendible period of 10 calendar days from grant of leave.
 Resolved within a non-extendible period of 30 calendar days from the date of the filing of the comment or lapse of the ten 10-day period to comment.
If the motion for leave is granted, and the demurrer is denied, the accused shall likewise present and terminate his/her evidence, one day apart, morning and afternoon and shall orally offer and rest his/her case on the day his/her last
witness is presented

Judges who conducted the trial and heard the testimonies shall submit the case for decision even if TSNs are
incomplete or missing.

If the case was heard completely by another judge, the judge shall direct the stenographers concerned to
submit the complete TSNs within 30 calendar days from date of assumption to office.

The judge shall announce in open court and include in the order submitting the case for decision, the date of
the promulgation of its decision which shall not be more than 90 calendar days from the date the case is
submitted for decision, except in special Rules and other laws which provide for a shorter period

MR of judgment of conviction or MNT under Rule 121 filed within the reglementary period of 15 days from
promulgation shall be resolved within a non-extendible period of 10 calendar days from the submission of
the comment of the prosecution or even in the absence of comment.