RE: ADOPTING THE GUIDELINES FOR CONTINUOUS TRIAL OF CRIMINAL CASES IN PILOT COURTS (2015)

RESOLUTION

Acting on the recommendation of the Chairman of the Special Committee on Speedy Trial submitting for this Court's consideration and approval the Proposed Guidelines for Continuous Trial of Criminal Cases in Pilot Courts, which will take effect on August 17, 2015, the Court Resolved to APPROVE the same.

The said Rule is hereto attached as an integral part of this Resolution.

June 30, 2015.

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

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

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

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

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GUIDELINES FOR CONTINUOUS TRIAL

I. APPLICABILITY

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

II. PROCEDURE

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

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

3. Arraignment

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

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

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

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

4. Pre-trial

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

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

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

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

5. Trial Proper

   5.1. Presentation of Evidence for the Prosecution

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

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

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

   5.2. Presentation of Evidence for the Defense

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

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

   5.3. Presentation of Rebuttal and Surrebuttal Evidence

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

6. Promulgation

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

7. Motion Day

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

8. Training Seminar

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

9. Implementation and Monitoring

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

III. DESIGNATION OF PILOT COURTS

The following courts shall pilot test these Guidelines:

Makati City

Metropolitan Trial Courts

1. Branch 61 — Judge Barbara-Aleli H. Briones
2. Branch 65 — Judge Henry E. Laron

Regional Trial Courts

Regular Courts

3. Branch 57 — Judge Honorio E. Guanlao, Jr.
4. Branch 145 — Judge Carlito B. Calpatura

Drugs Courts

5. Branch 64 — Judge Gina M. Bibat-Palamos
6. Branch 135 — Judge Josephine A. Vito Cruz

Family Courts

7. Branch 140 — Judge Cristina J. Sulit
8. Branch 144 — Judge Liza Marie R. Pcardal-Tecson

Manila City

Metropolitan Trial Courts

9. Branch 30 — Judge Glenda M. Ramos
10. Branch 17 — Judge Amalia S. Gumapos-Ricablanca

Regional Trial Courts

Regular Courts

11. Branch 41 — Judge Rosalyn M. Loja
12. Branch 54 — Judge Maria Paz R. Reyes-Yson

Drugs Courts

13. Branch 35 — Judge Ma. Bernardita J. Santos
14. Branch 31 — Judge Maria Sophia T. Solidum-Taylor

Family Courts

15. Branch 5 — Judge Emily L. San Gaspar-Gito
16. Branch 29 — Judge Roberto P. Quiroz
17. Branch 38 — Judge Maria Celestina C. Mangrobang
18. Branch 4 — Judge Jose Lorenzo R. Dela Rosa

Quezon City

Metropolitan Trial Courts

19. Branch 42 — Judge Juris S. Dilinila-Callanta
20. Branch 32 — Judge Janet Abergos Samar

Regional Trial Courts

Regular Courts

21. Branch 224 — Judge Tita Marilyn P. Villordon
22. Branch 223 — Judge Caridad M. Walse-Lutero

Drugs Courts

23. Branch 218 — Judge Luis Zenon Q. Maceren
24. Branch 79 — Judge Nadine Jessica Corazon J. Fama

Family Courts

25. Branch 94 — Judge Roslyn R. Tria
26. Branch 106 — Judge Angelene Mary Quimpo-Sale

Marikina City

Metropolitan Trial Courts

27. Branch 76 — Judge James T. Sy
28. Branch 93 — Judge Suzanne C. Nabaza

Regional Trial Courts

Regular Courts

29. Branch 273 — Judge Romeo D. Tagra
30. Branch 272 — Judge Felix P. Reyes

Family Courts

31. Branch 192 — Judge Geraldine Fiel-Macaraig
32. Branch 168 — Judge Lorna Francisca Chua Cheng

Pasig City

Metropolitan Trial Courts

33. Branch 68 — Judge Eduardo Ramon R. Reyes
34. Branch 69 — Judge Christian Emmanuel G. Pimentel

Regional Trial Courts

Regular Courts

35. Branch 71 — Judge Elisa R. Sarmiento-Flores
36. Branch 155 — Judge Maria Gracia A. Cadiz-Casaclang

Drugs Courts

37. Branch 154 — Judge Achilles Aristotle Apolinario C. Bulauitan
38. Branch 164 — Judge Jennifer A. Pilar

Pasay City

Metropolitan Trial Courts

39. Branch 46 — Judge Restituto V. Mangalindan, Jr.
40. Branch 47 — Judge Glenn D. Santos
41. Branch 48 — Judge Allan B. Ariola

Regional Trial Courts

Regular Courts

42. Branch 111 — Judge Wilhelmina J. Wagan
43. Branch 118 — Judge Rowena Nieves Adena Tan

Parañaque City

Metropolitan Trial Courts

44. Branch 77 — Judge Donato H. De Castro
45. Branch 78 — Judge Ramsey Domingo G. Pichay
46. Branch 87 — Judge Leilani Marie Dacanay-Grimares
47. Branch 88 — Judge Belen S. Carasig
48. Branch 89 — Judge Harold Cesar C. Huliganga
49. Branch 90 — Judge Marisa M. Buenagua
50. Branch 91 — Judge Christian P. Castañeda

Muntinlupa City

Regional Trial Courts

Regular Courts

51. Branch 276 — Judge Antonietta P. Medina

Family Courts

52. Branch 207 — Judge Philip A. Aguinaldo

ANNEX 1

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

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

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

SO ORDERED."

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