Philippines Handbook L aws Circulars Jurisprudence Speedy Trial Disposition of Criminal Cases 2009

8/9/2019 Philippines Handbook L aws Circulars Jurisprudence Speedy Trial Disposition of Criminal Cases 2009

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Part II Original Actions. 41Rule IV Sessions and Trials.. 41Rule VII Motions 42Rule VIII Rendition of Judgment or Final Order.. 42Part IV Provisions Common to Original and

Appealed Cases and Petitions for Review.. 43

Rule XII Assignment, Distribution andConsolidation of Cases.. 43

C. Commercial and Intellectual Property Courts. 46

1. Re: Interim Rules of Procedure on CorporateRehabilitation (A.M. No. 00-8-10-SC,November 21, 2000) 46

Rule 3 General Provisions.. 46

Rule 4 Rehabilitation 47

Appendix A A.M. No. 00-11-03-SC,Resolution Designating Certain BranchesOf Regional Trial Courts to Try andDecide Cases Formerly Cognizable byThe Securities and Exchange Commission 49

2. Re: Proposed Interim Rules of ProcedureGoverning Intra-Corporate

Controversies Under RA 8799(A.M. No. 01-2-04-SC, March 13, 2001) 51

Rule 1 General Provisions. 51Rule 2 Commencement of Action and Pleadings 53Rule 3 Modes of Discovery. 56Rule 4 Pre-Trial. 56Rule 5 Trial. 57Rule 10 Provisional Remedies 58

D. Regional Trial Courts 58

Pre-Trial: Criminal Cases 58

VI. CASES ON SPEEDY TRIAL/DISPOSITION OF CASES.. 62

1. Lilany Yulo y Billones v. People of the Philippines,G.R. No. 142762, March 4, 2005 62

2. Domingo Neypes, Luz, Faustino, RogelioFaustino, Lolito Victoriano, Jacob

Obania and Domingo Cabacungan v.Hon. Court of Appeals, Heirs ofBernardo del Mundo, namely: Fe,Corazon, Josefa, Salvador and Carmen,


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I. CONSTITUTIONAL PROVISION ON SPEEDY TRIAL

Section 15, Article VIII of the 1987 Constitution of the Philippinesprovides:(1) All cases or matters filed after the effectivity of this Constitution must be decidedor resolved within twenty-four months from date of submission for the SupremeCourt, and, unless reduced by the Supreme Court, twelve months for all lower

collegiate courts, and three months for all other lower courts.

II. PERTINENT LAWS ON SPEEDY TRIAL/DISPOSITION OF CASES

A. REPUBLIC ACT NO. 8493 (The Speedy Trial Act)

1. What is R.A. No. 8493?

A: R.A. No. 8493 (The Speedy Trial Act),which took effect on February 12, 1998,

ensures the speedy trial of all criminal cases.

2. To what courts does the Act apply?

A: The Act applies to cases tried before the Sandiganbayan, Regional Trial Court,Metropolitan Trial Court, Municipal Trial C ourt, and Municipal Circuit Trial Court.

3. When shall arraignment take place?

A: The arraignment of an accused shall be held within thirty (30) days from the filingof the information, or from the date the accused has appeared before the justice,judge or court in which the charge is pending, whichever date last occurs.1

4. How long is the time limit given for trial?

A: In no case shall the entire tria l period exceed one hundred eighty (180) daysfrom the first day of trial, except as otherwise authorized by the Chief Justice ofthe Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.2

5. When shall trial commence?

A: Where a plea of not guilty is entered, the accused shall have at least fifteen (15)days to prepare for trial. Trial shall commence within thirty (30) days fromarraignment as fixed by the court.3

1Section 7, R.A. No. 84932Section 6, R.A. No. 84933Section 7, R.A. No. 8493

Handbook on Laws, Circulars and Jurisprudence on Speedy Trial and Disposition of Criminal Cases 2


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6. How long is the extended time limit given for trial?

A: For the first twelve-calendar-month per iod following the effectivity of the Act, thetime limit with respect to the period from the arraignment to the trial shall be onehundred eighty (180) days. For the second twelve-month period, the time limitshall be one hundred twenty (120) days, and, for the third twelve-month period,

the time limit with respect to the period from the arraignment to the trial shall beeighty (80) days.4

7. What are the periods of delay to be excluded from the computation of the timewithin which the trial must commence?

A: The following periods of delay are to be excluded:

(a) Any period of delay resulting from other proceedings concerning theaccused, including but not limited to the following:

(1) delay resulting from an examination of the accused, and hearing onhis/her mental competency, or physical incapacity;

(2) delay resulting from trials with respect to charges against theaccused;

(3) delay resulting from interlocutory appeals;(4) delay resulting from hearings on pre-trial motions: provided that the

delay does not exceed thirty (30) days,(5) delay resulting from orders of inhibition, or proceedings relating to

change of venue of cases or transfer from other courts;

(6) delay resulting from a finding of the existence of a valid prejudicialquestion; and

(7) delay reasonably attributable to any period, not to exceed thirty (30)days, during which any proceeding concerning the accused isactually under advisement.5

(b) Any period of delay resulting from the absence or unavailability of theaccused or an essential witness.

(c) Any period of delay resulting from the fact that the accused is mentallyincompetent or physically unable to stand trial.

(d) If the information is dismissed upon motion of the prosecution and thereaftera charge is filed against the accused for the same offense, or any offenserequired to be joined with that offense, any period of delay from the date thecharge was dismissed to the date the time limitation would commence torun as to the subsequent charge had there been no previous charge.

4

Section 9, R.A. No. 84935Section 10, R.A. No. 8493

3 Handbook on Laws, Circulars and Jurisprudence on Speedy Trial and Disposition of Criminal Cases


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(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or as to whomthe time for trial has not run and no motion for severance has been granted.

(f) Any period of delay resulting from a continuance granted by any justice orjudge motu proprio or on motion of the accused or his/her counsel or at therequest of the public prosecutor, if the justice or judge granted suchcontinuance on the basis of his/her findings that the ends of justice servedby taking such action outweigh the best interest of the public and thedefendant in a speedy trial. No such period of delay resulting from acontinuance granted by the court in accordance with this subparagraph shallbe excludable under this section unless the court sets forth, in the record ofthe case, either orally or in writing, its reasons for finding that the ends of

justice served by the granting of such continuance outweigh the bestinterests of the public and the accused in a speedy trial.

8. How long is the time limit given following an order for new trial?

A: Trial shall commence within thirty (30) days from the date the order for a new trialbecomes final, except that the court retrying the case may extend such periodbut in any case shall not exceed one hundred eighty (180) days from the date theorder for a new trial becomes final if unavailability of witnesses or other factorsresulting from the passage of time shall make trial within thirty (30) daysimpractical.6

Implementing Circular on RA 8493 (The Speedy Trial Act)

CIRCULAR NO. 38-987

1. When is pre-trial mandatory in criminal cases?

A: In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court,Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court andMunicipal Circuit Trial Court, the Court shall, after arraignment, order a pre-trialconference to consider the following:

(a) Plea bargaining;(b) Stipulation of facts;(c) Marking for identification of evidence of the parties;(d) Waiver of objections to admissibility of evidence; and(e) Such other matters as will promote a fair and expeditious trial of the

criminal and civil aspects of the case.8

6Section 8, R.A. No. 84937Issued August 15, 1998; took effect on September 15, 19988Section 3, Circular No. 38-98



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2. What are the factors to be considered by a court in determining whether to granta continuance?

A: The following factors are considered:

(a) Whether or not the failure to grant a continuance in the proceeding would be

likely to make a continuation of such proceeding impossible, or result in amiscarriage of justice; and(b) Whether or not the case taken as a whole is so novel, unusual and complex,

due to the number of accused or the nature of the prosecution or otherwise,that it is unreasonable to expect adequate preparation within the period oftime established herein.

No continuance under subparagraph (f) of Section 9 hereof shall be grantedbecause of congestion of the court's calendar, or lack of diligent preparation orfailure to obtain available witnesses on the part of the public prosecutor.9

3. What are the public attorneys duties where the accused is imprisoned?

A: If the public attorney assigned to defend a person charged with a crime knowsthat the accused is preventively detained, either because he is charged with abailable crime but has no means to post bail, or is charged with a non-bailablecrime, or is serving a term of imprisonment in any penal institution:

(a) The public attorney shall promptly undertake to obtain the presence of theprisoner for trial, or cause a notice to be served on the person havingcustody of the prisoner requiring such person to so advise the prisoner ofhis right to demand trial.

(b) Upon receipt of that notice, the person having custody of the prisoner shallpromptly advise the prisoner of the charge and of his right to demand trial. Ifat anytime thereafter the prisoner informs his custodian that he demandssuch trial, the latter shall cause notice to that effect to be sent promptly tothe public attorney.

(c) Upon receipt of that notice, the public attorney shall promptly seek to obtainthe presence of the prisoner for trial.

(d) When the person having custody of t he prisoner receives from the publicattorney a properly supported request for the availability of the prisoner for

purposes of the trial, the prisoner shall be made available accordingly. 10

4. In what instances can counsel be sanctioned under these Rules?

A: In any case in which private counsel for the accused, the public attorney or thepublic prosecutor:

9Section 10, Circular No. 38-9810Section 12, Circular No. 38-98



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(a) Knowingly allows the case to be set for trial without disclosing the fact that anecessary witness would be unavailable for trial;

(b) Files a motion solely for the purpose of delay which he knows is totallyfrivolous and without merit;

(c) Makes a statement for the purpose of obtaining continuance which he knowsto be false and which is material to the granting of a continuance; or

(d) Otherwise willfully fails to proceed to trial without justification consistent withthe provision hereof, the court may punish any such counsel, attorney orprosecutor, as follows:

(1) in the case of a counsel privately retained in connection withthe defense of an accused, by imposing a fine not exceedingtwenty thousand pesos (P20,000.00);

(2) by imposing on any appointe d counsel de officio, publicattorney or public prosecutor a fine not exceeding fivethousand pesos (P5,000.00); and

(3) by denying any defense counsel or public prosecutor the right

to practice before the court considering the case for a periodnot exceeding thirty (30) days.11

5. What is the remedy if the accused is not brought to trial within the time limit?

A: If the accused is not brought to trial within the time limit, the information may bedismissed on motion of the accused on the ground of denial of his right to speedytrial. The accused shall have the burden of proving such motion but the

prosecution shall have the burden of going forward with the evidence in

connection with the exclusion of time. The dismissal shall be subject to the ruleson double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute a waiverof the right to dismiss.12

B. OTHER LAWS RELATIVE TO SPEEDY TRIAL/DISPOSITION OF CASES

REPUBLIC ACT NO. 9165 (Comprehensive Dangerous Drugs Act of 2002)

1. Which court has jurisdiction over violations of R.A. No. 9165 (ComprehensiveDangerous Drugs Act of 2002)?

A: Section 90 of R.A. No. 9165 provides that the Supreme Court shall designatespecial courts from among the existing Regional Trial Courts in each judicialregion to exclusively try and hear cases involving violations of R.A. No. 9165.

11Section 13, Circular No. 38-9812Section 14, Circular No. 38-98



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The number of courts designated in each judicial region shall be based onthe population and the number of cases pending in their respective jurisdictions,while the DOJ shall designate special prosecutors to exclusively handle casesinvolving violations of R.A. No. 9165.

2. What is the time period given for preliminary investigation of cases filed under

R.A. No. 9165?

A: Preliminary investigation of cases filed under R.A. No. 9165 shall be terminatedwithin a period of thirty (30) days from the date of their filing.13

3. When should the information be issued?

A: After the preliminary investigation is conducted by a public prosecutor and aprobable cause is established, the corresponding information shall be filed incourt within twenty-four (24) hours from the termination of the investigation. If the

preliminary investigation is conducted by a judge and a probable cause is foundto exist, the corresponding information shall be filed by the proper prosecutorwithin forty-eight (48) hours from the date of receipt of the records of the case.

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4. When shall trial commence?

A: Trial of the case under R.A. No. 9165 shall be finished by the court not later thansixty (60) days from the date of the filing of the information. Decision on the caseshall be rendered within a period of fifteen (15) days from the date of submission

of the case for resolution.

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III. RELATED ADMINISTRATIVE CIRCULARS

A. ADMINISTRATIVE CIRCULAR NO. 3-99 16 (Strict Observance of SessionHours of Trial Courts and Effective Management of Cases to Ensure theirSpeedy Disposition)

1. To what Courts does Admini strative Circular No. 3-99 apply?

A: A.C. Circular No. 3-99 applies to all trial court judges, their personnel and theIntegrated Bar of the Philippines.

2. What are the session hours of the trial courts?

13Section 90, R.A. No. 916514

Ibid.15

Ibid.

16Issued January 15, 1999; took effect February 1, 1999.



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A: The session hours of all Regional Trial Courts, Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal Trial Court, and Municipal Circuit TrialCourts shall be from 8:30 A.M. to noon and from 2:00 P.M. to4:30 P.M., fromMonday to Friday. The hoursin the morning s hall be devoted to the conduct oftrial, while the hours in the afternoon shall be utilized for (1) the conduct of pre-trial conferences; (2) writing of decisions, resolutions, or orders; or (3) the

continuation of trial on the merits whenever rendered necessary, as may berequired by the Rules of Court, statutes, or circulars in specified cases.

However, in multi-sala courts in places where there are few practicing lawyers,the schedule may be modified upon request of the Integrated Bar of thePhilippines such that one-half of the branches may hold their trial in the morningand the other half in the afternoon. Except those requiring immediate action, allmotions should be scheduled for hearing on Friday afternoons, or if Friday is anon-working day, in the afternoon of the next business day. The unauthorized

practice of some judges of entertaining motions or setting them for hearing on

any other day or time must be immediately stopped.

3. With what provision should the Clerk of Court comply as to calendar of cases?

A: The Clerk of Court, under the direct supervision of the Judge, must comply withRule 20 of the 1997 Rules of Civil Procedure17regarding the calendar of cases.

4. What provisions of the Rules of Court must be followed to avoid postponementsand needless delay?

A: Section 2 (adjournments and postponements), Section 3 (requisites of a motionto postpone trial for absence of evidence) and Section 4 (requisites of a motionto postpone trial for illness of a party or counsel) of Rule 30, 1997 Rules on CivilProcedure,18should be faithfully observed.

17Rule 20. Calendar of Cases:SECTION 1. Calendar of cases. The clerk of court, under the direct supervision of the

judge, shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned orpostponed, and those with motions to set for hearing. Preference shall be given to habeascorpus cases, election cases, special civil actions, and those so required by law. (1a, R22)

SECTION 2.Assignment of cases. The assignment of cases to the different branches ofa court shall be done exclusively by raffle. The assignment shall be done in open session ofwhich adequate notice shall be given so as to afford interested parties the opportunity to bepresent. (7a, R22)18Rule 30. Trial:

SECTION 2.Adjournments and postponements. A court may adjourn a trial from day today, and to any stated time, as the expeditious and convenient transaction of business may

require, but shall have no power to adjourn a trial for a longer period than one month for eachadjournment, nor more than three months in all, except when authorized in writing by the CourtAdministrator, Supreme Court. (3a, R22)



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5. When shall the case be set for pre-trial?

A: Within five (5) days after the last pleading joining the issues has been filed andserved, the plaintiff must move ex parte that the case be set for pre-trialconference.

6. What must the pre-trial briefs contain?

A: The pre-trial briefs should contain the following:

a. A statement of their willingness to enter into an amicable settlement indicatingthe desired terms thereof, or to submit the case to any of the alternativemodes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;c. The issues to be tried or resolved;d. The number and names of the witnesses to be presented, an abstract of their

testimonies, and the approximate number of hours that will be required by theparties for the presentation of their respective evidence;

e. Copies of all documents intended to be presented with a statement of thepurpose of their offer;

f. A manifestation of their having availed or their intention to avail themselves ofany discovery procedure, or of the need of referral of any issues tocommissioners;

g. Applicable laws and jurisprudence;h. The available trial dates of counsel for complete presentation of evidence,

which must be within a period of three months from the first day of trial.

7. What must the judge do before the pre-trial conference?

A: The judge must study the pleadings of every case, and determine the issuesthereof and the respective positions of the parties thereon to enable him tointelligently steer the parties toward a possible amicable settlement of the caseor, at the very least, to help reduce and limit the issues. The judge should avoidthe undesirable practice of terminating the pre-trial as soon as the parties have

indicated that they cannot settle the controversy. He must be mindful that there

SECTION 3. Requisites of motion to postpone trial for absence of evidence. A motion topostpone a trial on the ground of absence of evidence can be granted only upon affidavitshowing the materiality or relevancy of such evidence, and that due diligence has been used toprocure it. But if the adverse party admits the facts to be given in evidence, even if he objects orreserves the right to object to their admissibility, the trial shall not be postponed. (4a, R22)(Corrected by Bar Matter No. 803, Resolution of the Supreme Court dated July 21, 1998)

SECTION 4. Requisites of motion to postpone trial for illness of party or counsel. Amotion to postpone a trial on the ground of illness of a party or counsel may be granted if it

appears upon affidavit or sworn certification that the presence of such party or counsel at thetrial is indispensable and that the character of his illness is such as to render his non-attendanceexcusable. (5a, R22)



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are other important aspects of the pre-trail that ought to be taken up to expeditethe disposition of the case.

8. What must be done during pre-trial conference?

A: During pre-trial conference, the following shall be done:

a. The judge with all tact, patience and impartiality shall endeavor to persuadethe parties to arrive at a settlement of the dispute; if no amicable settlement isreached, then he must effectively direct the parties toward the achievement ofthe other objectives or goals of pre-trail set forth in Section 2 Rule 18, 1997Rules of Civil Procedure.

b. If warranted by the disclosures at the pre-trial, the judge may either forthwithdismiss the action, or determine the propriety of rendering a judgment on the

pleadings or a summary judgment.c. The judge shall define the factual issues arising from the pleadings and

endeavor to cull the material issues.d. If only legal issues are presented, the judge shall require the parties to submit

their respective memoranda and thereafter render judgment.e. If trial is necessary, the judge shall fix the trial dates required to complete

presentation of evidence by both parties within ninety (90) days from the dateof initial hearing.

9. What must the judge do after the pre-trial conference?

A: The judge should not fail to prepare and issue the requisite pre-trial order, whichshall embody the matters mentioned in Sec. 7, Rule 18 of the 1997 Rules of CivilProcedure.

10. What are the causes for dismissal of the action?

A: Failure of the plaintiff to appear at the pre-trial shall be a cause for dismissal ofthe action. A similar failure of the defendant shall be a cause to allow the plaintiffto present his evidence ex parte and the court to render judgment on the basisthereof.

Failure to file pre-trial briefs shall have the same effect as failure to appear at thepre-trial.

11. How many cases may be scheduled for trial per day?

A: Unless the docket of the court requires otherwise, not more than four (4) casesshall be scheduled for trial daily.



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12. How should the judge conduct trial?

A: The judge shall conduct trial with utmost dispatch, with judicious exercise of thecourts power to control trial proceedings to avoid delay.

The judge must take notes of the material and relevant testimonies of witnessesto facilitate his decision making.

13. How long should trial be determined?

A: The trial shall be determined within ninety (90) days from initial hearing.Appropriate disciplinary sanctions may be imposed on the judge and the lawyersfor failure to comply with this requirement due to causes attributable to them.

14. When may the judge allow additional trial dates?

A: Each party is bound to complete the presentation of his evidence within the trialdates assigned to him. After the lapse of said dates, the party is deemed to havecompleted the presentation of evidence. However, upon verified motion based oncompelling reasons, the judge may allow a party additional trial dates in theafternoon; provided that said extension will not go beyond the three-month limitcomputed from the first trial date except when authorized in writing by the Court

Administrator, Supreme Court.

15. What must the judge do to keep track of cases?

A: As a constant reminder of what cases must be decided or resolved, the judgemust keep a calendar of cases submitted for decision, noting therein the exactday, month and year when the 90-day period is to expire. As soon as a case issubmitted for decision, it must be noted in the calendar of the judge; moreover,the records shall be duly collected with the exhibits and the transcripts ofstenographic notes, as well as the trial notes of the judge, and placed in the

judge's chamber.

16. When are decisions promulgated?

A: The date of the promulgation of the decision should be set within ninety (90) daysfrom the submission of the case for decision.



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B. ADMINISTRATIVE CIRCULAR No. 58-2002 19

1. What is mandated under Administrative Circular No. 58-2002?

A: This Circular requires the speedy disposition of cases of all persons beforejudicial bodies, as mandated by the Constitution. It also gives priority to cases

involving tourists, whose stay in the country is temporary or for a short time only.

2. What measures has the Supreme Court undertaken for the speedy disposition ofcases?

A: The Supreme Court has adopted the following measures:

(a) The reopening/revival of night courts in the Metropolitan Trial Court of Manilato try and decide all special cases enumerated in the Rule on SummaryProcedure under Administrative Order No. 72 dated 30 June 1988; and

(b) The opening of two branches of the Metropolitan Trial Court of Quezon City

as night courts to be assigned cases involving nighttime apprehensionsand special cases enumerated in the Rule on Summary Procedure underthe Resolution of 2 October 1990 in A.M. No. 90-9-1437-MeTC.20

Note - Administrative Circular No. 2-99 dated 15 January 1999 also requires (1)judges, assisted by a skeletal force of personnel, to be on duty, on rotation basis,from 8:00 a.m. to 1:00 p.m. on Saturdays to act on petitions for bail and otherurgent matters, as well as to act on bailable offenses on Saturday afternoons,Sundays and non-working holidays; and (2) court offices and units that deal

directly with the public to provide for a skeletal force of personnel from 8:00 a.m.to 12:00 noon and 12:30 to 4:30 p.m. on Saturdays.

3. What measures has the Supreme Court undertaken for the speedy disposition ofcases?

A: Pursuant to the Resolution of 10 September 2002 in A.M. No. 02-8-12-SC,21theSupreme Court directs that:

1. Criminal cases where the offended party or complainant is a tourist ortransient in this country shall be given priority in disposition in accordancewith the pertinent provisions of the Revised Rules on Criminal Procedure anddecided within twenty-four (24) hours from the date of filing in court,

2. All Executive Judges are directed to inform the Philippine National Police(PNP) and the Prosecutors Office of the provisions of Administrative Circular

19Issued November 14, 200220

Re Request for the Opening of Two Branches of the Metropolitan Trial Court to Conduct

Night Sessions21

Re: In the Matter of the Creation of Night Courts or Special Tourist Courts Exclusively to

Attend to Tourist-Related Crimes



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No. 2-99 dated 15 January 1999, specifically the assignment of judges onduty every Saturday and the courts duty to act on bailable Offenses onSaturday afternoons, Sundays and non-working holidays; and

3. The Executive Judges of the Regional Trial Courts of Manila and Quezon Cityshall (a) inform the PNP and the Prosecutors Office within their jurisdiction ofthe schedule of the branches of the first level courts assigned to hold night

sessions; and (b) make representations with the PNP and local governmentunits to ensure that appropriate security measures are adopted to protect

judges and their staff on night sessions.

C. RULES AND REGULATIONS ON THE REPORTING AND INVESTIGATION OFCHILD ABUSE CASES (October 10, 2003)

1. What do the rules mandate as to the trial of child abuse cases?

A: Section 21 of Implementing Rules and Regulations 10-1993 provides that the trialof child abuse cases shall take precedence over all other cases before thecourts, except election and habeas corpus cases.

2. When does trial commence for child abuse cases?

A: Trial in child abuse cases shall commence within three (3) days from the date theaccused is arraigned. No postponement of the initial hearing is granted except for

illness of the accused or other grounds beyond his control.



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IV. STAGES IN CRIMINAL ACTIONS

Filing of Complaint before the Fiscals office for

Preliminary Investigation, or no Preliminary Investigation

Filing of Complaintor Information

The accused must be arraignedwithin thirty (30) days

from the time the court acquires jurisdiction over the

person of the accused.

Thirty (30) days after parties receipt of the pre-trial

order, trialshall commence, but parties are given 15

days to prepare for trial.

After the arraignment, the court shall order a pre-trial.

Trial is terminated within 180 days from initial trial.

Within ten (10) days from filing of Complaint or Information,

warrant of arrestor commitment ordermay issue

Within ninety (90) days from

termination of trial,judgment

shall be rendered/promulgated.

Preliminary Investigation



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A. Preliminary Investigation

1. When required

Preliminary Investigation is required to be conducted before the filing of aninformation for an offense where the penalty prescribed by law is at least 4 years,

2 months and 1 day without regard to the fine.22

There is no right of preliminary investigation when a person is lawfullyarrested without a warrant unless there is a waiver of the provisions of Article 125of the Revised Penal Code.23

2. Procedure

The complaint is filed accompanied by the affidavits and supporting

documents. Within ten (10) days after the filing, the investigating officer shalleither dismiss or issue subpoena. If subpoena is issued, the respondent shallsubmit a counter-affidavit and other supporting documents within ten (10) daysfrom receipt thereof. Hearing, if any, shall be held within ten (10) days fromsubmission of counter-affidavits or from the expiration of the period of theirsubmission.

24The investigating prosecutor shall then prepare the resolution and

information.25

B. Filing of Complaint or Information

1. Procedure

For offenses where a preliminary investigation is required pursuant tosection 1 of Rule 112, the complaint is filed with the proper officer for the purposeof conducting the requisite preliminary investigation.26 Except as provided insection 7 of Rule 112, a preliminary investigation is required to be conductedbefore the filing of a complaint of information for an offense where the penaltyprescribed by law is at least four (4) years, two (2) months and one (1) day

without regard to the fine.27

For all other offenses, the complaint or information is filed directly with theMunicipal Trial Courts and Municipal Circuit Trial Courts, or with the office of the

22Revised Rules of Criminal Procedure, Rule 112, Section 1,23

Id., Id., Sec.7, now Section 6 under A.M. 05-8-26-SC.

24

Id.,

Id., Sec. 3.25

Id.,

Id. ,Sec.4.

26

Id., Rule 110,

Sec. 1.

27

Id., Rule 112, Sec. 1.



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prosecutor. In Manila and other chartered cities, the complaint shall be filed withthe office of the public prosecutor unless otherwise provided in their charters.

28

The institution of the criminal action shall interrupt the running of theperiod of prescription of the offense charged unless otherwise provided in speciallaws.

29

2. Causes of delay after receipt of the information and before arraignment,and remedies therefor

When a judge receives the Information, he has ten (10) days to act on theInformation. If he does not find the existence of probable cause, he canimmediately dismiss the case for lack of probable cause. This dismissal iswithout prejudice. If, however, he finds th e existence of probable cause, the

judge should issue an order finding probable cause and issuing the

corresponding warrant of arrest against the accused. Thus, if an accused thenfiles a motion for judicial determination of probable cause, the judge can deny themotion outrightly because he has already issued an order whereby hedetermined the existence of probable cause.

Under DOJ Circular No. 70, 30 an aggrieved party may appeal theresolution of the Chief State Prosecutor, Regional State Prosecutor, or Provincialor City Prosecutor to the Secretary of Justice by filing a verified petition forreview. The Secretary of Justice may dismissthe petition outrightly if he finds itto be patently without merit or manifestly intended for delay, or when the issues

raised therein are too unsubstantial to require consideration.

If an information has been filed in court pursuant to the appealedresolution, the petition shall not be given due course if the accused had alreadybeen arraigned. Any arraignment made after the filing of the petition shall not barthe Secretary of Justice from exercising his power of review.

31

Unless the Secretary of Justice directs otherwise, the appeal shall not holdthe filing of the corresponding information in court on the basis of the finding of

probable cause in the appealed resolution. The appellant and the trial prosecutorshall see to it that, pending resolution of the appeal, the proceedings in court areheld in abeyance.

32

If the Secretary of Justice finds it necessary to reinvestigate the case, thereinvestigation shall be held by the investigating prosecutor, unless, for

28

Id., Rule 110, Sec. 1.

29

Id.

30

Dated July 3, 2000 (2000 National Prosecution Service Rule on Appeal).31DOJ Circular No. 70, Section 732

Id.,Section 9



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compelling reasons, another public prosecutor is designated to conduct thesame.33

The Secretary may reverse, affirm or modify the appealed resolution. Hemay, motu proprioor upon motion, dismiss the petition for review on any of thegrounds stated in Section 12.34

The accused may file amotion for preliminary investigation within five(5) days from knowledge of filing of the Information. However, where the accusedfiles a motion for preliminary investigation and the judge finds from the recordsthat the former was given the chance to present countervailing evidence, the

judge should deny the motion.

The accused may also file a motion for reconsideration orreinvestigation. Where a motion for reconsideration was filed with theprosecutor but the same was left unresolved and the case was filed in court, the

judge may deny the motion considering that he has already acquired jurisdictionover the case and has the discretion whether or not to suspend proceedings untilthe public prosecutor resolves the motion for reconsideration.

When a motion for reinvestigation is filed by the accused, the judgeshould determine first whether the accused was afforded a regular preliminaryinvestigation. If a preliminary investigation was conducted and the accused hadthe opportunity to file his counter-affidavit and he would raise no new matters ofevidence or defense, the motion for reinvestigation should be denied. If,

however, there was no preliminary investigation or that the same wasincomplete, jurisprudence has held that the judge should first allow a preliminaryinvestigation and suspend the proceedings.

Since the absence of a preliminary investigation does not invalidate aninformation already filed in court and the judge has the discretion to deny amotion for reinvestigation when the accused was not given a preliminaryinvestigation or when the preliminary investigation is not complete, it is part ofdue process to allow preliminary investigation or reinvestigation as a matter ofdue process. The judge should consider al so that if the reinvestigation would

only delay the proceedings and defense counsel believes that his client has agood defense or that the evidence against his client is weak, the judge can ordertrial to proceed.

If there is a motion to withdraw the Information, the judge mustdetermine if grounds exist to allow the motion. The preliminary investigationconducted by the public prosecutor for the purpose of determining whether a

prima faciecase exists warranting the prosecution of the accused is terminatedupon the filing of the information in the proper court. While it is true that the

33

Id., Section 11

34

Id., Section 12



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public prosecutor has the quasi-judicial discretion to determine whether or not acriminal case should be filed in court, whatever disposition the public prosecutormay feel should be proper in the case thereafter should be addressed for theconsideration of the Court once the case had already been brought to Court. 35

The only qualification is that the action of the Court must not impair thesubstantial rights of the accused, or the right of the People to due process of law.Thus, the Court, once it has acquired jurisdiction over the case, has thediscretion whether or not to allow the withdrawal of the information.

The accused may also file a motion for determination of prejudicialquestion. It is up to the judge to determine whether there exists a prejudicialquestion that may warrant a suspension of the proceedings under Section 6,Rule 111 of the Revised Rules of Criminal Procedures. The elements of aprejudicial question as provided in Section 7, Rule 111 of the Revised Rules ofCriminal Procedure are, to wit: (a) the previously instituted civil action involvesan issue similar or intimately related to the issue raised in the subsequent

criminal action; and (b) the resolution of such issue determines whether or notthe criminal action may proceed.

Where the accused does not get a favorable resolution from the Court, orhis motions are denied, he may file a petition for certiorariand then ask for asuspension of the proceedings to enable him to avail of his remedy under Rule65.

Rule 65 allows a 60-day period fr om notice of the judgment, order orresolution, or from notice of the denial of the motion for reconsideration or newtrial timely filed, whether such motion is required or not, to file a petition forcertiorari if the subject matter is an interlocutory order that does not dispose ofthe case.

Suppose, the accused files a petition for certiorari on the 15th day fromreceipt of the order denying the motion for reconsideration and then pleads thathe was still entitled to the full 60-day period during which the trial court shouldsuspend its proceedings. What can the trial judge do? Under Section 7, Rule 65,as amended,36the mere filing of the petition shall not interrupt the course of the

principal case, unless a temporary restraining order or a writ of preliminaryinjunction has been issued by the higher court where the petition is filed,enjoining the trial judge from further proceeding with the case. The same rulemandates the trial judge to proceed with the principal case within ten (10) daysfrom the filing of a petition for certiorariwith a higher court or tribunal, absent atemporary restraining order or a preliminary injunction, or upon its expiration.Failure of respondent trial judge to proceed with the principal case may be aground for an administrative charge.

35 See Crespo vs. Mogul, 151 SCRA 462 (1987)36 A.M. No. 07-7-12-SC, December 4, 2007.



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Under Section 8, Rule 65,37disciplinary actions may now be taken againstpatently dilatory and unmeritorious petitions for certiorari. The lawyer and theparty represented by the lawyer may be required to pay solidarily triple judicialcost. The lawyer may also be subjected to Rule 139-B of the Rules of Court andother disciplinary actions based on res ipsa loquitur.

38

C. Arraignment

1. Procedure

The accused must be arraigned before the court where the Complaint orInformation is filed or assigned for trial. The arraignment is made in open court bythe judge or clerk by furnishing the accused with a copy of the Complaint orInformation, reading it in the language or dialect known to him, and asking him

whether he pleads guilty or not guilty. The Prosecution may call at the trialwitnesses other than those named in the Complaint or Information.

The accused must be present at the arraignment and must personallyenter his/her plea. Both arraignment and plea are made of record, but failure todo so does not affect the validity of the proceedings.

39

Before the reading of the Information, the court should inform the accusedwho is not assisted by counsel de officioof his/her right to counsel and inquirefrom him/her if he/she desires to engage his/her own counsel. Unless the

accused is allowed to defend in person (pro se), and the accused is amenable toa counsel de officio, the court should appoint a competent and responsiblecounsel de officiofor him/her.40

37Rule 65. Certiorari, Prohibition and Mandamus.SECTION 8. Proceedings after comment is filed. After the comment or other pleadings

required by the court are filed, or the time for the filing thereof has expired, the court may hearthe case or require the parties to submit memoranda. If, after such hearing or filing ofmemoranda or upon the expiration of the period for filing, the court finds that the allegations ofthe petition are true, it shall render judgment for such relief to which the petitioner is entitled.

However, the court may dismiss the petition if it finds the same patently without merit orprosecuted manifestly for delay, or if the questions raised therein are too unsubstantial torequire consideration. In such event, the court may award in favor of the respondent treble costssolidarily against the petitioner and counsel, in addition to subjecting counsel to administrativesanctions under Rules 139 and 139-B of the Rules of Court.

The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctionsor measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari. (Asamended by A.M. No. 07-7-12-SC, December 4, 2007)

38Rule 139-B. Disbarment and Discipline of Attorneys.39Revised Rules of Criminal Procedure, Rule 116, Sec.1.40

Id. Sec.6.



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A counsel de officioappointed to defend the accused at the arraignmentshall be given a reasonable time to consult with the accused as to his/her pleabefore proceeding with the arraignment.41

2. Plea bargaining

At arraignment, the accused may be allowed by the trial court, with theconsent of the offended party and the public prosecutor, to plead guilty to alesser offense that is necessarily included in the offense charged. Afterarraignment but before trial, the accused may still be allowed to plead guilty to alesser offense after withdrawing his/her plea of not guilty. No amendment of thecomplaint or information is necessary.42

If the accused is under preventive detention, the pre-trial conference of the

case is held within ten (10) days after arraignment.43

In other cases, the arraignment is held within thirty (30) days from the datethe court acquires jurisdiction over the person of the accused unless a shorterperiod is provided by special law or Supreme Court circular. The time of thependency of a motion to quash or a motion for a bill of particulars or other causes

justifying suspension of the arraignment is excluded in computing the period.44

There is no plea bargaining in pros ecutions involving violations of theDangerous Drugs Act.45

In prosecutions involving violat ions of B.P. 22 (The Bouncing ChecksLaw), the complainant cannot file a separate civil action to recover civil liability,but there can be a compromise as to the civil liability.

According to People v. Macalalag,46the accuseds subsequent paymentof the amount of the check during the pendency of the cases will not free him/herfrom criminal liability that already attached upon dishonor of the check. Suchsubsequent payments only affect the civil, not criminal, liability. A subsequent

payment by the accused would not obliterate the criminal liability theretoforealready incurred.

41

Id.Sec.8.

42SC Circular No. 38-98, Sec. 4.43Revised Rules of Criminal Procedure, Rule 116, Sec.1(e).44SC Circular No. 38-98, Sec. 2.45Section 90, R.A. No. 9165.46G.R. No. 164358, December 20, 2006.



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3. Causes of delay during arraignment and remedies therefor

When the accused files a motion to quash prior to arraignment, the judgemust not immediately suspend the proceedings. He must first determine thegrounds for such motion. The accused cannot use a ground that cannot be readin the Information because the bottomline is that when a motion to quash is filed,

the allegations in the information are deemed hypothetically admitted. Where theground invoked by the accused in the motion to quash is not one of the groundsunder Section 3, Rule 117 of the Revised Rules of Criminal Procedure, the judgemay outrightly deny the motion for lack of merit and proceed with thearraignment.

If the ground relied upon in the motion to quash is based on the allegeddefect in the information or complaint that can be cured by amendment, the judgeshould order the amendment of the complaint or information,47 after which he

can set the arraignment.

Before arraignment, the accused may move for a bill of particulars toenable him properly to plead and prepare for trial. The motion shall specify thealleged defects of the complaint or information and the details desired.48 If the

judge finds that the allegations of the information are sufficient in form andsubstance and that the accused can enter an intelligent plea without prejudicinghis rights, or that the matters raised in the motion for bill of particulars areevidentiary in nature, the judge can deny the motion and proceed with thearraignment.

Where the accused appears to be suffering from an unsound mentalcondition which effectively renders him unable to fully understand the chargeagainst him and to plead intelligently to the charge, the court shall order themental examination of the accused and, if necessary, the confinement of theaccused. Consequently, the trial judge shall suspend the arraignment until suchtime that the mental condition of the accused is determined.

49

Where the accused moves for the suspension of the arraignment on the

ground that he has not secured the services of counsel, the court may reset thearraignment and give the accused time to secure a counsel of his/her ownchoice. If, at the next setting, the accused still has not secured the services ofcounsel, then the court should appoint a counsel de officio for the accused forpurposes of the arraignment in order not to unduly delay the proceedings.

The appointment of a counsel de officio for the accused for purposes ofarraignment also applies where a counsel has entered his appearance for an

47Revised Rules of Criminal Procedure, Rule 117, Section 448

Id., Rule 116, Section 9

49

Id., Id., Section 11



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accused and was, in fact, duly notified of the date of arraignment but fails toappear to assist his client.

D. Pre-Trial

1. When mandatory

Pre-trial is mandatory in all criminal cases cognizable by theSandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal TrialCourt in Cities, Municipal Trial Court and Municipal Circuit Trial Court. 50

2. Remedies to avoid delay

It is suggested that the judge should include in his order of arraignment a

flow chart of the trial of the case. After arraignment has been set, the judgemarks 2 dates for the preliminary conference, as well as pre-trial, then sets thedates when the Prosecution is to present and terminate its evidence and thedates when the accused should present and terminate his/her evidence.

The judge can already determine from the Information how many trialdates may be needed. In so doing, he can control the flow of trial and when thecase may be submitted for decision.

Pre-trial should be held within a month or 30 days from the arraignmentwhile the preliminary conference is held at least 3 days before pre-trial. Then,after pre-trial, the judge can probably set 8 trial dates which will not exceed twomonths.

The judge can expedite cases by par ticipating actively and requiring theparties to enter into stipulations or admissions. Among the purposes of pre-trial isthe admission of the due execution and authenticity of relevant documents inorder to do away with the time-consuming process of authenticating relevantdocuments during the trial.

In People vs. Judge Tac-an,51the Supreme Court held that the absenceduring the pre-trial of any Prosecution witness listed in the Information, whetheror not such witness is the offended party or the complaining witness, is not avalid ground for the dismissal of the criminal action. Although pre-trial ismandatory in a criminal case under Section 2, Republic Act No. 8493 (SpeedyTrial Act of 1998), the presence in court of the private complainant or thecomplainant during pre-trial is not required. Even the presence of the accusedduring pre-trial is not required, unless the court has ordered the accused to

50Section 3, Circular No. 38-98.51G. R. No. 148000, February 27, 2003.



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appear. It is enough that the accused is represented by counsel. Accordingly,even if none of the States witnesses appear, pre-trial should proceed. The publicprosecutor is vested with the authority to consider the matters catalogued in Sec.2, R. A. 8493.

E. Trial

1. Periods to be observed for trial

a. Length of Trial In no case shall the entire trial period exceed onehundred eighty (180) days from the first day of trial, except whenotherwise authorized by the Chief Justice pursuant to Section 3, Rule 22of the Rules of Court.52

b. Preparation for Trial Where a plea of not guilty is entered, the accusedhas at least fifteen (15) days to prepare for trial. Trial shall commencewithin thirty (30) days from arraignment as fixed by the court.53

c. Time limit following an order for new trial Trial shall commence withinthirty (30) days from the date the order for a new trial becomes final,except that the court retrying the case may extend such period but in anycase the extension shall not exceed one hundred eighty (180) days fromthe date the order for a new trial becomes final if unavailability ofwitnesses or other factors resulting from passage of time shall make trial

within thirty (30) days impractical.54

d. Extended time limit given for trial For the first twelve-calendar-monthperiod following the effectivity of R.A. No. 8493, the time limit with respectto the period from arraignment to trial was one hundred eighty (180) days;for the second twelve-month period, the time limit was one hundred twenty(120) days; and for the third twelve-month period, the time limit with waseighty (80) days.55

2. Causes of delay and remedies therefor

The filing of a motion to discharge the accused as state witnessdoesnot suspend the proceedings because it does affect the evidence of theProsecution. Hence, under Section 17, Rule 119 of the Revised Rules of

52Section 6, R.A. No. 8493.53

Section 7, R.A. No. 8493.54Section 8, R.A. No. 8493.55Section 9, R.A. No. 8493.



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Criminal Procedure, the judge has the discretion whether or not to grant themotion to discharge.

The denial or grant of baildoes not stop the trial because the denial orgrant of bail does not affect the main case. Proceedings on petitions for bail filedby the accused do not suspend the trial, for, in fact, the evidence presentedduring the bail hearing shall be considered automatically reproduced at the trial,subject to the right of either party, upon motion, to recall any witness foradditional examination (unless the witness is dead, outside of the Philippines, orotherwise unable to testify).56

After the Prosecution rests its case , the court may dismiss the action onthe ground of insufficiency of evidence (1) on its own initiative after giving theProsecution the opportunity to be heard or (2) upon demurrer to evidence filed bythe accused with or without leave of court.57 When a motion for leave of courtto file demurrer to evidence is filed, the first thing that the judge has to

determine is whether the motion is filed within the mandatory non-extendible 5-day period after the Prosecution has rested its case.58 If not, the judge can thendeny the motion for leave at once. If the motion is filed within the 5-day period,the judge must then look into the ground or grounds relied upon by the accused.If the ground or grounds are not meritorious, or if, upon its assessment, the courtfinds that the demurer to evidence does not warrant the acquittal of the accused,then the judge should deny the motion for leave.

Should the judge deny the motion for leave of court, the accused has noremedy except to present his/her evidence. He/She cannot file a petition forcertiorariunder Rule 65 because a denial of a demurrer to evidence cannot bethe subject matter of a petition for certiorari considering that there is a plain,speedy and adequate remedy available to the accused, that is, to present his/herevidence.59

During trial, an accused may fail to appear despite due notice. Where theaccused is duly notified and required by the court to appear but fails to do so, thecourt may order the accused and/or the bonding company to explain why thebailbond should not be forfeited. If the explanation is not satisfactory, the court

can order the cancellation of the bailbond and render judgment on the bond. Thecourt can then consider the accused to have waived the right to present evidenceor to cross-examine the Prosecutions witnesses and proceed to render its

judgment.

56Revised Rules of Criminal Procedure, Rule 114, Section 8.57Revised Rules of Criminal Procedure, Rule 119, Section 23.58

Id.

59

Id.; note that Sec. 23 now expressly provides in its last paragraph that: The order denying themotion for leave of court to file demurrer to evidence or the demurrer itself shall not bereviewable by appeal or by certioraribefore judgment.



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If, during trial, the accused appears without counsel who is duly notified ofthe hearing or if counsel fails to appear without justification, the remedy is not tosuspend the proceedings to another date but to continue with the trial, with thecourt appointing a counsel de officio for the accused for purposes of trialprovided that such appointment does not prejudice the defense of the accused.The court can then cite counsel de partefor contempt of court or render a fine for

said counsels failure to appear despite due notice.

If, during trial, an accused appears without counsel because he/she stillhas not secured one or he/she cannot afford private counsel, the court shouldappoint a counsel de officio from the Public Attorneys Office or from the localchapter of the Integrated Bar of the Philippines.

After presentation of evidence, a party is required to make an offer ofevidence pursuant to Section 34, Rule 132 of the Rules of Court. Testimonialevidence is offered at the time the witness is called to testify. 60 On the otherhand, documentary evidence and object evidence are offered after thepresentation of a partys testimonial evidence. To expedite proceedings, the

judge must require the formal offer of documentary evidence and object evidenceto be done orally pursuant to Section 35, Rule 132 of the Rules of Court, unlessthey are so voluminous that it is not practical to make an oral offer of them.Objections to the evidence formally offered must also be done orally immediatelyafter the offer is made.

61

F. Promulgation of judgment

1. Procedure

Judgment is promulgated by reading it in the presence of the accused andany judge of the court in which it is rendered. However, if the conviction is for alight offense, the judgment may be pronounced in the presence of his counsel orrepresentative. When the judge is absent or outside the province or city, the

judgment may be promulgated by the clerk of court. 62

If the accused is confined or detai ned in another province or city, thejudgment may be promulgated by the executive judge of the Regional Trial Courthaving jurisdiction over the place of confinement or detention upon request of thecourt rendering the judgment.63

60Section 35, Rule 132, Rules of Court61Section 36, Rule 132, Rules of Court.62Revised Rules of Criminal Procedure, Rule 120, Sec. 6.63Id.



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2. Remedies

If the judgment is for conviction and the failure of the accused to appear atthe promulgation is without justifiable cause, the accused loses the remediesavailable in the Rules of Court against the judgment and the court shall order hisarrest. Within fifteen (15) days from promulgation of judgment, however, the

accused may surrender and file a motion for leave of court to avail of saidremedies. He shall state the reasons for his absence at the scheduledpromulgation and if he proves that his absence was for a justifiable cause, heshall be allowed to avail of said remedies within fifteen (15) days from notice.64

If the court renders a judgment of conviction and accused appears withoutcounsel or if counsel fails to appear despite due notice, the court need not resetthe promulgation and should instead appoint a counsel de officiofor purposes ofpromulgation.

In case the accused fails to appear during promulgation despite due noticebut his counsel is present, judgment is promulgated by recording it in the criminaldocket of the court and with the Clerk of Court who shall enter the judgment inthe judgment book and furnish copy of the judgment to counsel.65

V. RULES OF PROCEDURE IN DI FFERENT COURTS RELATIVE TO SPEEDYDISPOSITION OF CASES

A. COURT OF APPEALS

2002 INTERNAL RULES OF THE COURT OF APPEALS66

Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (BatasPambansa Blg. 129), as amended, the Court of Appeals hereby adopts andpromulgates these rules governing its internal operating procedures. These rules shallbe known and may be cited as the 2002 INTERNAL RULES OF THE COURT OF

APPEALS (IRCA).

RULE I

THE COURT, ITS ORGANIZATION AND OFFICIALS

SECTION. 1. Composition of the Court of Appeals. Unless otherwise provided bylaw, the Court of Appeals is composed of a Presiding Justice and sixty eight (68)

64

Revised Rules of Criminal Procedure, Rule 120, Sec. 6, last paragraph.65 Revised Rules of Criminal Procedure, Rule 120, Sec. 6, fourth paragraph.66 Effective February 28, 2005.



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Associate Justices. It shall sit en banc, or in twenty-three (23) Divisions of three (3)Justices each. The members of the Court are classified into three groups according tothe order of their seniority. The first twenty-three most senior members, including thePresiding Justice, shall be Chairmen of the twenty-three Divisions in consecutivenumerical sequence. The next twenty-three members shall be the senior members ofthe Divisions, while the rest shall be the junior members. (Sec. 1, Rule 1, RIRCA [a])

Until the full implementationof Republic Act No. 8246, the Court shall sit inseventeen (17) Divisions of three (3) justices each in Manila, as presently constituted.

When a senior member is designated to act as Chairman of a Division, he shallbe an Acting Chairman. In like manner, a junior member designated to act as seniormember of a Division shall be an Acting Senior Member. (Sec. 5 [c], Rule 1, RIRCA[a])

SEC. 2. Station and Place of Holding Sessions.

(a) Upon full implementation of Republic Act No. 8246, the Court shall have itspermanent stations as follows: the first seventeen (17) Divisions shall be in the City ofManila for cases coming from the National Capital Judicial Region and the First,Second, Third, Fourth and Fifth Judicial Regions; the eighteenth, nineteenth andtwentieth Divisions shall be in Cebu City for cases coming from the Sixth, Seventh andEighth Judicial Regions; and the twenty-first, twenty-second and twenty-third Divisionsshall be in Cagayan de Oro City for cases coming from the Ninth, Tenth, Eleventh andTwelfth Judicial Regions.

(b) Whenever demanded by public interest, or whenever justified by an increasein case load, the Supreme Court, upon its own initiative or upon recommendation of thePresiding Justice, may authorize any division of the Court to hold sessions periodically,or for such periods and at such places as the Supreme Court may determine, for thepurpose of hearing and deciding cases. (Sec. 3, R.A. No. 8246)

SEC. 3. Exercise of Powers and Functions. The Court of Appeals shallexercise its adjudicative powers, functions and duties through its Divisions. It sits enbanc in the exercise of administrative, ceremonial and non-adjudicative functions. (Sec.

1, Rule 2, RIRCA [a])

SEC. 6. Division of the Court. A Division of the Court shall be presided by theChairman or, in his absence, by the senior member thereof. If the substitute member isthe most senior, he shall be the Acting Chairman. (Sec. 3, Rule 1, RIRCA [a])

SEC. 8. Jurisdiction and Manner of Exercise of Adjudicative Powers of the Courtby Divisions. The Court shall have original and appellate jurisdiction as provided forby law.



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In the exercise and discharge of the adjudicative powers, functions and duties ofthe Court, the Divisions shall hold consultations. (Sec. 3, Rule 2 RIRCA [a])

SEC. 9. Reorganization of Divisions.

(a) Reorganization of Divisions shall be effected whenever a permanent vacancy

occurs in the chairmanship of a Division, in which case assignment of Justices to theDivisions shall be in accordance with the order of seniority unless a waiver is executedby the Justice concerned which waiver shall be effective until revoked by him in writing.

xxx

In the exigencies of the service, the Presiding Justice may temporarily assign anyAssociate Justice to any station, or defer the reorganization of the Divisions.

(b) Should appointments to the Court require the creation of a new Division orDivisions, the most ranking senior members shall be the Chairman or Chairmen of suchnew Division or Divisions, and the resulting vacancies in the senior membership shall befilled by the most ranking junior members, subject to the provisions of the precedingparagraph.. The new appointees shall be assigned to the resulting vacancies as juniormembers. (Sec. 5[a], Rule 1, RIRCA)

(c) A permanent vacancy in the ranks of junior members shall be filled by themost junior member as acting junior member of the Division where the vacancy existspending reorganization of the Divisions, in addition to his duties as regular member of

his current Division. (Sec. 5, Rule 1, RIRCA [a])

(d) When the members of a Division fail to reach a unanimous vote, its Chairmanshall direct the Raffle Committee to designate by raffle two (2) additional members toconstitute a Special Division of Five. In the selection of the additional members, the ruleon equal assignment shall be observed. (Sec. 6, Rule 1, RIRCA [a])

RULE II

RULE ON PRECEDENCE AND PROTOCOL

SEC. 5. Conduct of Hearing in Divisions . - The Chairman controls the proceedingsduring the hearing. He shall rule on all motions and objections interposed therein inconsultation with the members. He may, however, yield the conduct of the proceedingsto any member who shall exercise the powers of the Chairman. (n)

SEC. 6. Attendance of Justices in Hearings.

Except where a hearing to receive theevidence of the parties is referred by a Division to one of its members, the members of

a Division shall be present at all hearings of the Division, otherwise the hearings shall



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be postponed. Unexplained or unjustified absence shall be a ground for disciplinaryaction.

RULE IV

PROCESSING OF CASES AND ACTION ON INTERLOCUTORY MATTERS

SEC. 1. Procedure in the Disposition of Pleadings, Motions and Other Papers.

(a) Within two (2) working days, all pleadings, motions and other papers filed withthe Receiving Section of the Judicial Records Division shall be entered in the docketbook, stitched to the rolloof the case, paged consecutively and then forwarded to theDivision Clerk of Court concerned.

(b) If the Division Clerk of Court has no authority to act on such pleadings,

motions and other papers, he shall prepare the agenda and submit the same to theDivision, thru the Justice concerned, within three (3) working days from receipt in hisoffice of the rollo, together with the pleadings, motions or other papers.

(c) The Division Clerk of Court shall state in the agenda, with page references,the antecedents of the case which are necessary for an understanding thereof, asynopsis of the motion or incident and the opposition thereto, if any, the issues involvedand his remarks or recommendations. (Rule 3, Sec. 12, RIRCA [a])

SEC. 2.Action by the Presiding Justice or Executive Justice. When a petitioninvolves an urgent matter, such as an application for writ of habeas corpusor temporaryrestraining order, and there is no way ofconvening the Raffle Committee or calling anyof its members, the Presiding Justice or the Executive Justice, as the case may be, or intheir absence, the most senior Justice present, may conduct the raffle or act on thepetition, subject to raffle on the next working day in accordance with Rule III hereof. (n)

SEC. 4. Processing of Ordinary Appeals.

(a) In Civil Cases.

(1) Upon receipt of the original record, whether by personal delivery or by mail,the Civil Cases Section of the Judicial Records Division shall immediately:

(1.1) Check proof of payment of the full amount of the appellate courtdocket and other lawful fees and deposits for costs to the clerk of court of thecourt which rendered the appealed judgment or order;

(1.2) Check if all the documents and papers required under the Rules ofCourt have been transmitted, prepare the corresponding rollo, docket the caseand assign the corresponding CA-G.R. CV number;



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(1.3) Submit the case to the raffle staff for inclusion in the list of cases forraffle;

(1.4) After the raffle, report to the Division Clerk of Court concerned thelacking portions of the records for appropriate action, if the records transmittedare incomplete;

(1.5) Write the branch clerk of the court which rendered the appealedjudgment or order, copy furnished the appellant, if the incomplete record isreceived by mail without explanation for its incompleteness, for him to get therecords personally from the Court or submit the missing parts of the records; and

(1.6) Within ten (10) days from completion of the records, issue a noticeto file appellants brief within forty-five (45) days from receipt thereof. The noticeshall require that a certified true copy of the appealed decision or order beappended to the brief. (Sec. 2, Rule 4, RIRCA [a])

(2) If the records are being transmitted personally, the Civil Cases Section shallimmediately examine the same in the presence of the filer and, if incomplete, issue a listof the missing portions.

(3) If the transcript of stenographic notes are incomplete , the Civil Cases Sectionshall send a notice to the stenographic reporter concerned to submit the missingtranscripts within thirty (30) days from notice. A notice shall also be issued to theappellants counsel with a warning that failure on his part to take the necessary steps to

complete the transcripts within thirty (30) days from notice may result in the dismissal ofthe appeal. (Rule 4, Sec. 2, RIRCA [a])

(4) Issuance of Notices.All notices mentioned in this Rule shall be issued inthe name of the Clerk of Court by the Division Clerk of Court or the Chief, JudicialRecords Division. (Sec. 3, Rule 4, RIRCA)

(5) When Case Deemed Submitted. After the briefs have been filed or theperiod for their filing has expired, the Judicial Records Division shall immediately

forward the rolloto the Division Clerk of Court with a certification that the records of thecase are complete. The Division Clerk of Court shall then report to the Division that thecase may be deemed submitted for decision. (n)

(b) In Criminal Cases.

The original records of criminal cases shall be processed by the Criminal CasesSection in accordance with this Section, insofar as applicable, and assigned acorresponding CA-G.R. CR number. (Rule 5, Sec. 2, RIRCA [a])



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(1) Docket and Other Lawful Fees and Deposit for Costs. No payment of

docket and other lawful fees, and deposit for costs shall be required in criminal casesexcept in petitions for review of criminal cases and appeals from confiscation orforfeiture of bail bonds. (Rule 5, Sec. 3, RIRCA [a])

(2)

Appeals from Confiscation of Bond. Appeals from orders of confiscation or

forfeiture of bail bonds shall be treated as appeals in civil cases. The green-coloredrollocover for civil cases shall be used over the cream-colored cover for criminal cases.The case shall be re-captioned Republic of the Philippines, plaintiff-appellee, versus(the name of the bondsman/surety), defendant-appellant. (Rule 5, Sec. 7, RIRCA)

(3) Appeals from Contempt of Court. Appeals from orders finding a person inindirect contempt of court shall be treated as appeals in criminal cases. [n]

SEC. 5. Processing of Petitions for Review and Original Actions. -

(a) The petition shall be accompanied by an amount sufficient to cover paymentof the prescribed docket and other lawful fees and deposit for costs, unless thepetitioner is exempt from such payment and deposit. (Rule 6, Sec. 1, RIRCA [a])

(b) Upon filing of the petition and payment of the docket and other lawful fees aswell as the deposit for costs, the Special Cases Section shall prepare the rollo, recordthe same in the docket book for special cases and then assign the corresponding CA-G.R. SP number. Upon payment of the full docket fee, the Special Cases Section shallassign the petition a docketnumber, otherwise a UDK-SP number. A notation of the

payment or non-payment of the other lawful fee and deposit for costs or theinsufficiency thereof shall be made by the Special Cases Section on the first page of therollo. The rolloshall then be forwarded to the Raffle Staff for assignment to a Justice forappropriate action. The Special Cases Section, through the Division Clerk of Court,shall likewise make a simultaneous report to the Justice concerned of the non-paymentof the docket fee and other lawful fees and deposit for costs or the insufficiency thereof.(Rule 6, Sec. 1[b] RIRCA [a])

(c) Certiorari, Prohibition, Mandamusand Quo Warranto.- The provisions of Rule46 as far as applicable, Rules 65 and 66 of the Rules of Court shall govern petitions forcertiorari, prohibition and mandamus and petitions for quo warranto, respectively. (n)

(d) Habeas corpus. - The provisions of Rule 102 of the Rules of Court shallgovern petitions for habeas corpus. (n)



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Rule VI

PROCESS OF ADJUDICATION

SEC. 1. Justice Assigned For Study and Report. Every case, whether appealed ororiginal, assigned to a Justice for study and report shall be retained by him even if he is

transferred to another Division in the same station. (Sec. 2, Rule 8, RIRCA [a])

SEC. 2. Justices Who May Participate in the Adjudication of Cases. In thedetermination of the two other Justices who shall participate in the adjudication ofcases, the following shall be observed:

(a) The case shall be the subject of consultation among the members of theDivision;

(b) If the Justice to whom the case is assigned for study and report is

disqualified, his replacement shall be chosen by raffle from among theJustices in the same station;

(c) If one or both of the other members of the Division is/are on leave of absence,disqualified, transferred or no longer members of the Court, his/theirreplacement shall be chosen by raffle from among the Justices in the samestation. The Division shall be called Special (No.) Division;

(d) When, in an original action or petition for review, any of these actions or

proceedings, namely: (1) giving due course; (2) granting writ of preliminaryinjunction; (3) granting new trial; and (4) granting execution pending appealhave been taken, the case shall remain with the Justice to whom the case isassigned for study and report and the Justices who participated therein,regardless of their transfer to other Divisions in the same station.

(e) If only one member of the Division who participated in any of the actions orproceedings mentioned in the preceding paragraph remains, the RaffleCommittee shall automatically assign the case to him;

(f) In situations under paragraph (d) hereof, and if the ponente is no longer amember of the Court or has transferred to another station but at least onemember of his Division remains, the Division Clerk of Court of the former shallrequest the Raffle Committee for substitution of said ponente. However, if allthe members of said Division are no longer with the Court or in the samestation, the Judicial Records Division shall make said request. (n)

(g) Where the composition of a Divisionwhich decided a case has changed, theDivision which shall subsequently act on the case shall be called the Former(No.) Division; and (Sec. 2, Rule 8, RIRCA [a])



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SEC. 3. Power of the Court to Receive Evidence.

The Court may receive evidence in the following cases:

(a) In actions falling within its original jurisdiction, such as: (1) certiorari,prohibition and mandamusunder Rules 46 and 65 of the Rules of Court; (2) action for

annulment of judgment or final order under Rule 47 of the Rules of Court; (3) quowarrantounder Rule 66 of the Rules of Court; and (4) habeas corpusunder Sections 2and 12, Rule 102 of the Rules of Court;

(b) In appeals in civil cases where the court grants a new trial on the ground ofnewly discovered evidence, pursuant to Sec. 3, Rule 53 of the Rules of Court;

(c) In appeals in criminal cases where the court grants a new trial on the groundof newly discovered evidence, pursuant to Section 12, Rule 124 ofthe Rules of Court;and

(d) In appeals involving claims for damages arising from provisional remedies.

Sec. 4.Hearing on Preliminary Injunction . The requirement of a hearing on anapplication for preliminary injunction is satisfied with the issuance by the Court of aresolution served upon the party sought to be enjoined requiring him to comment onsaid application within a period of not more than ten (10) days from notice. Said partymay attach to his comment documents which may show why the application forpreliminary injunction should be denied. The Court may require the party seeking the

injunctive relief to file his reply to the comment within five (5) days from receipt of thelatter.

If the party sought to be enjoined fails to file his comment as provided for in thepreceding paragraph, the Court may resolve the application on the basis of the petitionand its annexes.

The preceding paragraphs, notwithstanding, the Court may, in its sounddiscretion, set the application for a preliminary injunction for hearing during which theparties may present their respective positions or submit evidence in support thereof. (n)

SEC. 5. Action by a Justice. All members of the Division shall act upon anapplication for a temporary restraining order and writ of preliminary injunction.However, if the matter is of extreme urgency, and a Justice is absent, the two other

justices shall act upon the application. If only theponenteis present, then he shall actalone upon the application. The action of the two Justices or of the ponente shallhowever be submitted on the next working day to the absent member or members ofthe Division for ratification, modification or recall.

SEC. 6. Judicial Action on Certain Petitions. (a) In petitions for review, after thereceipt of the respondents comment on the petition, or if no comment is filed upon the



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expiration of the time to fileit, the Court may dismiss the petit ion if it finds the same tobe patently without merit, prosecuted manifestly for delay, or that the questions raisedtherein are too unsubstantial to require consideration, otherwise, it shall give due courseto it.

Before a petition is given due course, the Court shall not require the court aquo

or quasi-judicial agency to elevate the original records of the case. The Court, however,may require the court aquoor quasi-judicial agency to supply it with copies of relevantpleadings and documents which the Court needs in acting upon the petition at thatstage of the proceedings.

If the petition is given due course, the Court may consider the case submitted fordecision or require the parties to submit their memoranda or set the case for oralargument. The Court may require the court a quoor quasi-judicial agency to elevatethe records of the case. After the oral argument or upon submission of the memorandaor upon the expiration of the time to file it, the case shall be deemed submitted for

decision.

(b) In petitions for certiorari, prohibition andmandamus , the provisions of Rule65 of the Rules of Court shall apply. (n)

SEC. 7. The Justices Who Shall Act on Motions.

(a) If during the completion-of-record stage in both appealed civil and criminalcases, there is no unanimous concurrence of the members of the Division on the

resolution disposing of an interlocutory matter and a Division of Five is constituted, thelatter shall act on said matter only up to the resolution of a motion for reconsiderationthereof. The adjudication on the merits of the appeal shall be made by the currentmembers of the Division of the Justice to whom the case is assigned for study andreport.

(b) A motion for reconsideration of a decision or resolution shall be actedupon by the ponenteand the other members of the Division, whether of three or five,and whether regular or acting, who participated in the rendition of the decision orresolution sought to be reconsidered, irrespective of whether such members are already

in other Divisions at the time the motion for reconsideration is filed or acted upon,provided that they are still in the same station; otherwise Sec. 2, Rule VI shall apply.

(c) If the ponente is no longer a member of the Court or has inhibited himselffrom acting on the motion or has transferred to another station, he shall be replaced byanother Justice who shall be chosen by raffle from among the remaining members ofthe Division in the same station, whether regular or acting, who participated in therendition of the decision or resolution, and the resulting vacancy therein shall be filled byraffle from among the other Justices in the same station.



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If only one member of the Division, whether regular or acting, who participated inthe rendition of the decision or resolution, remains, the motion shall be sent to him bythe Raffle Committee and he shall act thereon with the participation of the othermembers of his Division.

(d) If theponenteand all the members of the Division, whether regular or acting,

who rendered the decision or resolution are no longer members of the Court or nolonger in the same station, the case shall be raffled to any Justice in the same station

and the motion shall be acted upon by him with the participation of the other membersof his Division.

SEC. 8. Priorities in Adjudication of Ca

Documents

Philippines Handbook L aws Circulars Jurisprudence Speedy Trial Disposition of Criminal Cases 2009