Practice Court 2 Paper | Vanya Klarika Nuque

RULE 119 – TRIAL

SEC. 1. Commencement of trial; time to prepare and

notices. –The trial shall commence within thirty (30) days from
the receipt of the pre-trial order or the lapse of the mediation
period or if mediation fails. Notices shall be served on the parties
at least three (3) days before the hearing unless given in open
court.
Ø Added a time frame for the commencement of trial and
included the time for mediation. Included the notice in Sec.
1 instead of another section.

SEC. 2. Calendar of cases. – Trial shall be held from

Monday to Thursday, and courts shall call the cases at exactly
8:30 A.M. and 2:00 P.M. The courts shall schedule cases according
to time slots to ensure even distribution of cases. All courts shall
ensure the posting of their court calendars outside their
courtrooms at least one (1) day before the scheduled hearings.
Ø Included the time and days for trial as provided by A.M. No.
15-06-10-SC.

SEC. 3. Continuous trial until terminated;

postponements. – Once commenced, trial shall continue until
terminated, and may be postponed only for a reasonable period
for good cause shown. The trial shall not exceed:
(a) Trial on the merits – one hundred eighty (180) days;
(b) Special Law/Rules:
a. Drug Cases – not later than sixty (60) days from filing
of information;
b. Environmental Cases – sixty (60) days;
c. Intellectual Property Rights Cases – one hundred
twenty (120) days;
d. Arraignment and Pre-trial of Cases Referred to
Mediation – one hundred eighty (180) days; and
e. Others that may be provided in other Rules and Laws.
These days shall be strictly observed unless extended by the
Supreme Court.
Ø Included the necessary days for trial that should be strictly
observed. This can help consolidate numerous rules into one
coherent one.

pg. 1
 Practice Court 2 Paper | Vanya Klarika Nuque

SEC. 4. Exclusions. - The following, not exceeding thirty

(30) days, shall be excluded in computing the time for trial unless
extended by the trial court on reasonable grounds:
(a) Examination of the physical and mental condition of
accused;
(b) Other criminal cases against accused;
(c) Injunctions or restraining orders;
(d) Inhibitions or change of venue;
(e) Existence of prejudicial questions;
(f) Unavailability of essential witnesses whose whereabouts
are unknown or cannot be determined with due diligence,
or if known but presence cannot be obtained with due
diligence;
(g) Physical inability or mental incompetence of the accused;
and
(h) Postponements ordered upon justifiable grounds.

SEC. 5. Circumstances justifying continuance. - The

following shall be considered in granting a continuance:
(a) Failure to grant would make a continuation impossible or
result in miscarriage of justice; or
(b) Case is novel, unusual or complex due to the number of
accused, the nature of the prosecution or any
circumstance making it unreasonable to expect for an
adequate preparation within the periods established.

SEC. 6. Time limit for new trial. – If the accused is granted

a new trial, it shall commence within thirty (30) days from notice
of the order provided that if the witnesses are unavailable, or for
any other justifiable reason, the court may extend the period to
one hundred eighty (180) days.

SEC. 7. Absence of counsel de parte. – In the absence of

the counsel de parte, the hearing shall proceed upon appointment
by the court of a counsel de officio.
Ø Added the provision from A.M. No. 15-06-10-SC. Included to
avoid delaying tactics.

SEC. 8. Duty of prosecution and defense when accused

is detained. – If accused is detained, it shall be the duty of the

pg. 2
 Practice Court 2 Paper | Vanya Klarika Nuque

prosecution and the defense to move for immediate trial and

require the custodian to produce the accused.

SEC. 9. Sanctions for delay. – An attorney, prosecutor or

any person who:
(a) Allows the case to be set for trial knowing but not
disclosing that a necessary witness is not available;
(b) Files a motion solely for delay knowing it is without merit;
(c) Makes a statement to obtain continuance knowing it is
false or immaterial; or
(d) Fails willfully to proceed to trial without justification,
may be punished with a fine not exceeding twenty thousand pesos
(P20,000.00), without prejudice to any appropriate criminal
action or other sanctions under these rules.

SEC. 10. Remedy where accused is not brought to trial

within the time limit. – If the accused is not brought to trial
within the time limit required in Section 1 of this Rule, the
Information may be dismissed on motion of the accused for
violation of the right to speedy trial.

SEC. 11. Trial of several accused. – When two or more

accused are jointly charged with a crime, they shall be tried jointly
unless the court, in its discretion and upon motion of the
prosecutor, or any of the accused, orders separate trial.

SEC. 12. Provisional dismissal; grounds. – Revival of

provisionally dismissed cases shall conform to the requisites and
the periods provided for under Sec. 8, Rule 117.
Ø Connected it to a similar provision, instead of repeating the
provision.

SEC. 13. Order of trial. - The following is the order of trial:

(a) The prosecution shall present evidence to prove the
charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense
and damages, if any, arising from the issuance of a
provisional remedy in the case.
(c) The prosecution and the defense may, in that order,
present rebuttal and sur-rebuttal evidence unless the

pg. 3
 Practice Court 2 Paper | Vanya Klarika Nuque

court, in furtherance of justice, permits presentation of

additional evidence bearing on the main issue.
(d) Upon admission of the evidence of the parties, the case
may be deemed submitted for decision unless the court
directs an oral argument or submission of memoranda.
(e) When the accused admits the act or omission charged in
the complaint or information but interposes a lawful
defense, the order of trial may be modified.
Any ground to suspend trial if not timely invoked is waived.

SEC. 14. Offer of evidence. - The offer of evidence, the

comment/objection to the offer, and the court ruling to such offer
shall be made orally. A party is required to make their oral offer
of evidence on the same day after their presentation of the last
witness, and the opposing party is required to immediately
interpose their oral comment/objection. The court shall make a
ruling on the offer of evidence in open court.
In making the offer, the counsel shall cite the specific pages
of the court record where the exhibits being offered are found, if
attached. The court shall ensure that all exhibits offered are
submitted to it on the same day of the offer.
If the exhibits are not attached to the record, the party
making the offer must submit the same during the offer of
evidence in open court.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 15. Application for examination of witness for

accused before trial. — When the accused has been held to
answer for an offense, he/she may, upon motion with notice to
the other parties, have witnesses conditionally examined in
his/her behalf. The motion shall state:
(a) Name and residence of the witness;
(b) Substance of his testimony; and
(c) That the witness is sick or infirm as to afford reasonable
ground for believing that he will not be able to attend the
trial, or resides more than one hundred (100) kilometers
from the place of trial and has no means to attend the
same, or that other similar circumstances exist that would
make him unavailable or prevent him from attending the
trial.

pg. 4
 Practice Court 2 Paper | Vanya Klarika Nuque

The motion shall be supported by an affidavit of the accused

and such other evidence as the court may require.
Ø Retained from the 2000 Rules.

Sec. 16. Testimony of witness; form. – In all criminal

cases, including those covered by the Rule on Summary
Procedure, the testimonies of witnesses shall consist of the duly
subscribed written statements given to law enforcement or peace
officers or the affidavits or counter-affidavits submitted before the
investigating prosecutor, and if such are not available, testimonies
shall be in the form of judicial affidavits, subject to additional
direct and cross-examination questions.
The trial prosecutor may dispense with the sworn written
statements submitted to the law enforcement or peace officers
and prepare the judicial affidavits of the affiants or modify or
revise the said sworn statements before presenting it as evidence.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 17. Examination of defense witness; how made.

—If the court is satisfied that the examination of a witness for the
accused is necessary, an order will be made directing that the
witness be examined at a specified date, time and place and that
a copy of the order be served on the prosecutor at least three (3)
days before the scheduled examination. The examination shall be
taken before a judge, or, if not practicable, a member of the Bar
in good standing so designated by the judge in the order, or if the
order be made by a court of superior jurisdiction, before an
inferior court to be designated therein. The examination shall
proceed notwithstanding the absence of the prosecutor provided
he was duly notified of the hearing. A written record of the
testimony shall be taken. The court shall strictly adhere to the rule
that a witness has to be fully examined in one (1) day.
Ø Retained from the 2000 Rules. Added the one day witness
rule from A.M. No. 15-06-10-SC.

SEC. 18. Bail to secure appearance of material witness.

– When the court is satisfied that a material witness may not
testify when required, upon motion of either party, it may order
the witness to post bail in such sum as may be deemed proper.
Upon refusal to post bail, the court shall hold the witness until
the testimony is received and the witness is discharged.
pg. 5
 Practice Court 2 Paper | Vanya Klarika Nuque

SEC. 19. Examination of witness for the prosecution.

— When it satisfactorily appears that a witness for the prosecution
is too sick or infirm to appear at the trial as directed by the order
of the court, or has to leave the Philippines with no definite date
of returning, he may forthwith be conditionally examined before
the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable notice
to attend the examination has been served on him, shall be
conducted in the same manner as an examination at the trial.
Failure or refusal of the accused to attend the examination after
notice shall be considered a waiver. The statement taken may be
admitted in behalf of or against the accused. The court shall
strictly adhere to the rule that a witness has to be fully examined
in one (1) day.
Ø Retained from the 2000 Rules. Added the one day witness
rule from A.M. No. 15-06-10-SC.

SEC. 20. Discharge of accused to be state witness. –

Subject to existing laws, when two or more persons are charged
with a crime punishable by imprisonment of more than six (6)
years or prision mayor, upon motion of the prosecution before
resting its case, the court may direct one or more of the accused
to be discharged as state witness. Where the prosecution is
required to present evidence in support of the discharge, such
motion shall be submitted for resolution from the termination of
the hearing, and shall be resolved within a non-extendible period
of ten (10) calendar days thereafter.
The court shall grant the discharge when it is satisfied that:
(a) The accused to be discharged has given his express
consent with assistance of counsel;
(b) There is absolute necessity for his testimony;
(c) There is no other direct evidence available for the
successful prosecution of the crime except his testimony;
(d) His testimony can be substantially corroborated in its
material points;
(e) He does not appear to be the most guilty; and
(f) He has not at any time been convicted of any crime
involving moral turpitude or the penalty imposed is higher
than six (6) years imprisonment or prision mayor.

pg. 6
 Practice Court 2 Paper | Vanya Klarika Nuque

Evidence for his discharge shall automatically form part of

the trial. If the motion is denied, the sworn statement shall be
inadmissible in evidence.

SEC. 21. Discharge of accused amounts to acquittal. –

The order of discharge shall amount to acquittal unless the
accused willfully fails or refuses to testify against his co-accused
in accordance with his sworn statement.

SEC. 22. Presentation of Rebuttal and Sur-rebuttal

Evidence. – If the court grants the motion to present rebuttal
evidence, the prosecution shall immediately proceed with its
presentation after the accused had rested his/her case, and orally
rest its case in rebuttal after the presentation of its last rebuttal
witness. Then, the accused shall immediately present sur-rebuttal
evidence, if there is any, and orally rest the case in sur-rebuttal
after the presentation of its last sur-rebuttal witness. Then, the
court shall submit the case for decision.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 23. Memoranda. – The submission of memoranda is

discretionary on the part of the court, which in no case shall
exceed twenty-five (25) pages in length, single-spaced, on legal
size paper, using size 14 font. The period to submit memoranda
shall be a non-extendible thirty (30) days and shall not suspend
the running of the period of promulgation of the decision; thus,
with or without memoranda, the promulgation shall push through
as scheduled.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 24. When mistake has been made in charging the

proper crime. – When it manifests at any time before judgment
that a mistake was made in charging the proper crime and the
accused cannot be convicted of the crime charged or any other
crime necessarily included therein, the court shall direct the
prosecutor to file the proper information within ten (10) days from
notice of the order. If the prosecutor fails to file the proper
information within the period, the court shall dismiss the case.

SEC. 25. Appointment of acting prosecutor. – When a

prosecutor, his deputy or assistant inhibits or is disqualified for
pg. 7
 Practice Court 2 Paper | Vanya Klarika Nuque

any reason, the judge or the prosecutor shall notify the Regional
State Prosecutor who shall appoint an acting prosecutor within ten
(10) days from notice.

SEC. 26. Exclusion of the public. – Subject to existing

laws, rules or regulations, the judge may motu proprio or upon
motion of a party exclude the public from the courtroom if the
evidence is offensive to decency or public morals, except counsel
of the parties and assisting court personnel.

SEC. 27. Consolidation of related charges. – Charges

founded on the same facts may be tried jointly on motion of a
party or at the discretion of the court.

SEC. 28. Demurrer to evidence. – After the prosecution

rests its case, the court shall inquire from the accused if he/she
desires to move for leave of court to file a demurrer to evidence,
or to proceed with the presentation of his/her evidence.
If the accused orally moves for leave of court to file a
demurrer to evidence, the court shall orally resolve the same. If
the motion for leave is denied, the court shall issue an order for
the accused to present and terminate his/her evidence on the
dates previously scheduled and agreed upon, and to orally offer
and rest his/her case on the day his/her last witness is presented.
If despite the denial of the motion for leave, the accused
insists on filing the demurrer to evidence, the previously
scheduled dates for the accused to present evidence shall be
cancelled.
The demurrer to evidence shall be filed within a non-
extendible period of ten (10) calendar days from the date leave
of court is granted, and the corresponding comment shall be filed
within a non-extendible period of ten (10) calendar days counted
from date of receipt of the demurrer to evidence. The demurrer
shall be resolved by the court within a non-extendible period of
thirty (30) calendar days from date of the filing of the comment
or lapse of the ten (10)-day period to file the same.
If the motion for leave of court to file demurrer to evidence
is granted, and the subsequent demurrer to evidence 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. The
pg. 8
 Practice Court 2 Paper | Vanya Klarika Nuque

court shall rule on the oral offer of evidence of the accused and
the comment or objection of the prosecution on the same day of
the offer. If the court denies the motion to present rebuttal
evidence because it is no longer necessary, it shall consider the
case submitted for decision.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 29. Reopening. – At any time before finality of the

judgment of conviction, the court may, motu proprio or upon
motion, with notice and hearing, reopen the proceedings to avoid
a miscarriage of justice. The proceedings shall be terminated
within thirty (30) days from the order granting it.

Rule 120 – JUDGMENT

SECTION 1. Judgment; definition and form. – Judgment

is the adjudication by the court that the accused is guilty or not
guilty of the crime charged and the imposition of the proper
penalty and/or civil liability. It must be written in the official
language personally prepared, signed and dated by the judge.

SEC. 2. Contents of the judgment. – The judgment shall

state:
(1) the facts, the law and the rationale for conviction or
acquittal;
(2) the penalties and/or civil liability, if any.
Judgment rendered by collegiate courts shall contain the
requisite attestation and certification.

SEC. 3. Judgment when two or more crimes charged.

– The court may convict the accused of as many crimes as charged
and proved and impose the penalty for each crime.

SEC. 4. Judgment; variance between allegation and

proof of related crimes. – When there is variance between the
charge and the proof, the accused shall be convicted only of the
crime with lower penalty, provided they have some common
elements.

SEC. 5. Lack of Stenographic Notes. – Judges who

conducted the trial and heard the testimonies of some or all of the
pg. 9
 Practice Court 2 Paper | Vanya Klarika Nuque

witnesses shall not defer the submission of the case for decision
on the ground of incomplete or missing transcript of stenographic
notes. If the case was heard completely by another judge, not the
judge tasked to write the decision, the latter shall direct the
stenographers concerned to submit the complete transcripts
within a period of thirty (30) calendar days from date of his/her
assumption to office.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 6. Promulgation of judgment. – The court 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 ninety (90) calendar days from the
date the case is submitted for decision, except when the case is
covered by Special Rules:
(a) Drug Cases – fifteen (15) days from the date of
submission for resolution of the case;
(b) Environmental Cases – sixty (60) days from the last day
of the 30-day period to file the memoranda;
(c) Intellectual Property Rights Cases – ninety (90) days from
the time the case is submitted for decision, with or without
the memoranda; and
(d) Other laws which provides a shorter period.
Ø Added the provision from A.M. No. 15-06-10-SC.

SEC. 7. Finality of judgment. - Except where the death

penalty is imposed, a judgment becomes final after the lapse of
the period for perfecting an appeal, or when the sentence has
been partially or totally satisfied or served, or when the accused
has waived in writing the right to appeal, or has applied for
probation.

SEC. 8. Entry of judgment. - After a judgment has become

final, the dispositive portion shall be recorded in the book of
entries.

pg. 10