SUMMARY FOR REVISED RULES ON CONTINIOUS TRIAL

Revised Guidelines for Continuous Trial of Criminal Cases, which took effect on September 1, 2017.
Among its objectives is to protect and advance the constitutional right of persons to a speedy
disposition of their criminal cases. To achieve this, the Guidelines set the following salient rules with
the aim to reduce trial time/period:
Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8.30am and
2.00pm. Hearing on motions, arraignment, pre-trial and promulgation of decisions shall be held in the
morning on Fridays.

Upon arrest or voluntary surrender of the accused, the court shall set the arraignment and pre-trial
within 10 calendar days from the court’s receipt of the case for detained accused, and within 30 days
for non-detained accused.

The arraignment and pre-trial conference shall be simultaneously held. The court shall proceed with
the pre-trial despite absence of the accused and/or private complainant, provided they were duly
notified, and accused’s counsel and public prosecutor are present. Stipulations shall be done with the
active participation of the court. The pre-trial order shall immediately be served upon parties and
counsels on the same day after termination of the pre-trial.

As to the form of testimony, for First Level Courts, the testimonies of the witnesses shall be the duly
subscribed written statements given to law enforcers, or affidavits or counter-affidavits submitted to
the investigating prosecutor during preliminary investigation. If not available, they shall be in the form
of judicial affidavits. The same rule shall apply for Second Level Courts, the Sandiganbayan and
Court of Tax Appeals, where the demeanour of the witness is not essential in determining the
credibility (such as forensic chemists, medico-legal officers, investigators, auditors, accountants,
engineers, custodians, expert witnesses), and who will testify on the authenticity, due execution and
contents of public documents and reports, and the criminal cases are transactional in nature (such as
falsification, corruption or fraud).

The court shall strictly adhere to the rule that a witness has to be fully examined in one day only.
Motions for postponement are generally prohibited, except if it is based on acts of God, force majeure
or physical inability of the witness to appear and testify. If the motion is granted based on such
exceptions, the moving party shall be warned that the presentation of its evidence must still be
finished on the dates previously agreed upon.

The offer of evidence (which must be made on the same day after the presentation of the last
witness), and the comment/objection thereto, with the court’s ruling thereon, shall be made orally and
in open court.
The court shall announce in open court and include in its order submitting the case for decision, the
date of promulgation of decision, which shall not be more than 90 days from the date the case is
submitted for decision.

Motions for reconsideration shall be resolved by the court within a non-extendible period of 10
calendar days from submission of the comment thereon.
These Guidelines shall apply (1) to all newly-filed criminal cases (including those governed by the
Comprehensive Dangerous Drugs Act of 2002, Cybercrime Prevention Act of 2012, Rules of
Procedure for Environmental Cases, Rules of Procedure for Intellectual Property Rights Cases, and
Criminal Cases cognizable by Family and Commercial Courts) in the First and Second Level Courts,
the Sandiganbayan, and the Court of Tax Appeals, as of effectivity date, and (2) to pending criminal
cases with respect to the remainder of the proceedings.
Non-compliance with the Guidelines shall be a ground for disciplinary action.
 REVISED RULES ON CIVIL PROCEDURE

Some of the salient change of the Amended Rules of Civil Procedure are as follows:

1. Litigants must be ready to submit their respective evidence upon filing the Complaint and/or
Answer.

2. A change in the significance of counsel’s signature. In particular, by signing a pleading, a

counsel certifies that: (a) the document is not being presented for any improper purpose, (b) the
claims, defenses, and other legal contentions are warranted by existing law or jurisprudence or by
non-frivolous argument for modifying or reversing existing jurisprudence, (c) the factual contentions
have evidentiary support or will have evidentiary support after availment of the modes of discovery,
and (d) denials of factual contentions are warranted by evidence, or reasonably based on belief or
lack of information.

Violation of the foregoing can subject the counsel, his law firm, or the party he represents to court
sanctions and/or penalties.

3. Summons may now be served:

a. Through Electronic mail to the defendant’s e-mail address, with the court’s permission.

b. Upon the secretaries of the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel of the said corporations, in their absence or unavailability.

In the event that the secretary cannot be served, service may be made upon any person who
customarily receives correspondence for the defendant at its principal office.

In case of refusal to receive by said person tasked to customarily receive correspondence after at
least three (3) attempts on separate dates, a defendant may be served through its corporate e-mail
with the permission of the court.

c. Through extraterritorial service of summons (for foreign corporations not registered in the
Philippines or without a resident agent) only if the corporation has transacted and/or is doing business
in the Philippines.

d. Through a defendant’s lawyer, should a party claim that summons was not properly served on the
latter and the lawyer specially appears on the party’s behalf.

4. The rules in filing a Motion to Dismiss to dismiss have been revised as follows:

a. The grounds for filing have been limited to: (a) lack of jurisdiction over the subject matter; (b)
pendency of action between the same parties for the same cause; and (c) the cause of action is
barred by prior judgment or by the statute of limitations; and
 b. A Motion to Dismiss must be resolved within fifteen (15) calendar days from the court’s receipt of
the opposition thereto, which shall be five (5) calendar days from receipt of the Motion to Dismiss, or
upon the expiration of said five-day period without an opposition being filed.

5. The Amended Rules of Civil Procedure has defined what constitutes a litigious and a non-
litigious motion. For Litigious motions (such as a motion to dismiss and a motion for reconsideration),
the opposing party shall file the opposition to the motion within five (5) calendar days from receipt
thereof. A hearing on a litigious motion is now subject to the court’s discretion and only if deemed
necessary for the resolution of the motion. On the other hand, non-litigious motions shall not be set
for hearing at all and shall be resolved by the court within five (5) calendar days from receipt thereof.

In either case, no additional submissions will be considered by the court.

6. A motion for extension of time to file pleadings, affidavits, or any other papers, is now
considered a prohibited pleading except for a motion for extension to file an answer.

7. The court may now authorize electronic filing so long as said court is capable of handling the
same.

8. Cases that are referred to judicial dispute resolution (JDR) will be raffled to another court for
the conduct thereof. Should JDR fail, the JDR court will return the case to the court of origin for trial
proceedings.

Salient features of the Revised Guidelines for Continuous

Trial of Criminal Cases
By Jose Rene G. Dondoyano May 24th, 2017

1. It applies to all newly-filed criminal cases, including those governed by Special Laws and Rules 1, in the First and
Second Level Courts, the Sandiganbayan and the Court of Tax Appeals. It also applies to pending criminal cases
with respect to the remainder of the proceedings. It shall not apply to cases under the Rule on Summary Procedure.

2. Trial shall be held from Monday to Thursday at exactly 8:30 A.M. and 2:00 P.M 2. Hearing on motions, arraignment
and pre-trial, and promulgation of judgment of decisions are in the morning of Fridays. 3

3.  Motions for inhibitions based on Rule 137 shall be resolved immediately or within two calendar days from filing.

4.  Prohibited motions shall be denied outright before the arraignment without need of comment.

5. The following are the prohibited motions:

1. Motion judicial determination of probable cause.

2. Motion for preliminary investigation filed beyond the five (5) day period in inquest proceedings 4 or when
preliminary investigation is required5 or allowed in inquest proceedings and the accused failed to participate despite
due notice.
3. Motion for reinvestigation of the prosecutor who recommends the filing of the information once the information
has been filed before the court (1) if the motion is filed without prior leave (2) when preliminary investigation is
required and has been actually conducted, and the grounds relied upon in the motion are not meritorious, such as
issues of credibility, admissibility of evidence, innocence of the accused, or lack of due process when the accused
was actually notified, among others.
4. Motion to quash information when the ground is not one of those stated in the rules. 6
5. Motion for bill of particulars that does not conform to the rules. 7
6. Motion to suspend arraignment based on grounds not stated by the rules 8.
7. Petition to suspend criminal action based on prejudicial question when no civil case has been filed 9.

6. Motion for postponement is prohibited, except if it is based on acts of God, force majeure or physical inability of
the witness to appear and testify. If the motion is granted based on said exceptions, the moving party shall be
warned that the presentation of its evidence must still be finished on the dates previously agreed upon. A motion for
postponement shall at all times be paid with the Office of the Clerk of Court. The Branch COC shall not accept the
motion unless accompanied by the original receipt.

7. If a party fails to qualify for PAO services, the IBP shall provide free legal assistance to the party. The IBP shall
submit the list of lawyers to the Executive Judge for possible appointment as counsel de officio in such cases.

8. Where only the civil liability is being prosecuted, the head of the prosecution office may issue a written
authority to a private prosecutor who may prosecute in the absence of the public prosecutor. 10

9. Consolidation of cases may be done even before raffling provided a motion for consolidation accompanies the
filing before the Office of the Clerk of Court. If a new case is filed involving an accused who has been subjected to
further investigation by the office of the prosecutor over an incident involving the same subject matter as that of the
already raffled information, the new case shall be assigned directly to the court where the earlier case is pending,
provided, there is a motion for consolidation from the office of the prosecutor that accompanies its filing in court. The
proceedings already had in the old case may be adopted.

10. Archiving of cases shall be done within the period prescribed under the guidelines 11. A criminal case shall be
archived only if, after the issuance of the warrant of arrest, the accused remains at large for six (6) months from the
delivery of the warrant to the proper peace officer. Such case may likewise be archived when proceedings therein
are ordered suspended for an indefinite period because: a.) the accused appears to be suffering from an unsound
mental condition, b.) a valid prejudicial question in a civil action is invoked during the pendency of the criminal case,
c.) an interlocutory order or incident in the criminal case is elevated to a higher court which issued a TRO or writ of
preliminary injunction, d.) when the accused has jumped bail before arraignment and cannot be arrested by the
bondsman.

11. Arraignment and Pre-trial shall be set within ten (10) calendar days from date of the court’s receipt of the case
for a detained accused, and within thirty (30) calendar days from the date the court acquires jurisdiction over a non-
detained accused. The setting shall be incorporated in the commitment order or in the approval of the bail in other
cases. Notices shall be sent to the accused, his/her counsel, private complainant or complaining law enforcement
agent, public prosecutor, and witnesses whose names appear in the information for purposes of plea-bargaining,
arraignment and pre-trial.

12. In multiple cases, the court, upon personal examination of the accused may allow a waiver of the reading of the
information upon the full understanding and express consent of the accused and his/her counsel, which consent
shall be expressly stated in both the minutes/certificate of arraignment and the order of arraignment.

13. Plea bargaining except in drug cases shall immediately proceed, provided the private offended part in private
crimes, or the arresting officer in victimless crimes, is present to give his/her consent with the conformity of the
public prosecutor. Thereafter, judgment shall immediately be rendered in the same proceedings.

14. If the accused pleads guilty to the crime charged in the information, judgment shall be immediately rendered,
except in those cases involving capital punishment.

15. If no plea bargaining or plea of guilty, the court shall immediately proceed with the arraignment and the pre-trial.
The schedule of the trial dates, for both the prosecution and the accused, shall be continuous and 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.From the time of the arraignment and pre-trial, it shall be set for trial within thirty (30)
days. Trial on the merits shall be conducted for a period of six (6) months only and promulgation of judgment is  set
within ninety (90) days from submission of the case for decision for regular rules.

For drug cases, trial shall be finished not later than sixty (60) days from filing of the information. Decision shall be
rendered within fifteen (15) days from submission of case for decision.

For environmental cases, from arraignment and pre-trial, it shall be set for hearing within thirty (30) days. Trial on
the merits shall be conducted for a period of three (3) months then filing of memoranda is within thirty (30) days and
the decision shall be rendered within sixty (60) days from the last day to file memoranda. Disposition period shall be
within ten (10) months from date of arraignment.

For intellectual property right cases, from arraignment and pre-trial, it shall be set for hearing within thirty (30) days.
Trial on the merits shall be conducted for a period of sixty (60) days then filing of memoranda is within thirty (30)
days and the judgment shall be rendered within ninety (90) days from submission of case for decision.

16. Pre-trial shall proceed even in the absence of parties provided, they were notified and the counsel for the
accused and the public prosecutor are present. The documentary evidence for both parties shall be marked. The
pre-trial order shall immediately be served upon the parties and counsel on the same day after the termination of the
pre-trial. Courts must strictly comply with the rules.12

17. The following shall be referred to mediation:

a. B.P Blg 22.

b. SSS Law13.
c. Pag-Ibig Law.14
d. Theft under Art. 308, RPC.
e. Estafa under Art. 315(1), RPC, except estafa under Art. 315 (2) and (3).
f. Other forms of swindling under Art. 316, RPC.
g. Swindling of a minor under Art. 317, RPC.
h. Other deceits under Art. 318, RPC.
i. Malicious Mischief under Art. 327, RPC.
j. Libel by means of writings or similar means under Art 355, RPC.
k. Threatening to publish and offer to present such publication for a compensation under Art. 356, RPC.
l. Prohibited publication of acts referred to in course of official proceedings under Art. 357, RPC.
m. Grave Slander (Grave Oral Defamation)- of serious and insulting nature under Art. 358, par. 1, RPC.
n. Simple Slander ( Oral Defamation)- not of a serious and insulting nature under Art. 358, RPC.
o. Grave Slander by Deed- of a serious nature under Art. 359, par. 1, RPC.
p. Simple Slander by Deed- not of a serious nature under Art. 359, par. 2, RPC.
q. Incriminating innocent person under Art. 363, RPC.
r. Intriguing against honour under Art. 364, RPC.
s. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the liability may be civil in nature.
t. Criminal negligence under Title 14, RPC, where the liability may be civil in nature, and
u. Intellectual property rights cases where the liability may be civil in nature.

18. The referral of the case for mediation shall be made only after the arraignment and the pre-trial/preliminary
conference. The mediation shall be terminated within a non-extendible period of thirty (30) calendar days . Except
those case mentioned above, criminal cases under the Rule on Summary Procedure shall not be referred to
mediation.

19. Petition for bail filed after the filing of the information shall be set for summary hearing after arraignment and pre-
trial. It shall be heard and resolved within a non-extendible period of thirty (30) days from the date of the first
hearing, except in drug cases which shall be heard and resolved within twenty (20) calendar days. The accused
need not present evidence to rebut the prosecution’s evidence. Motion for reconsideration on the resolution of
petition for bail shall be resolved within a non-extendible period of ten (10) calendar days from date of submission of
the motion.
20. For First Level Courts, 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 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. The trial prosecutor may opt to dispense with the sworn
statements submitted to the law enforcement officers and instead prepare judicial affidavits or modify or revise the
said sworn statements.

21. For Second Level Courts, Sandiganbayan and Court of Tax Appeals, where the demeanor of the witnesses is
not essential, like the forensic chemist, medico-legal officers, investigators, auditors, accountants, engineers,
custodians, expert witnesses and other similar witnesses, who will testify on the authenticity, due execution and the
contents of public documents and reports, and in criminal cases that are transactional in character, such as
falsification, malversation, estafa or other crimes where the culpability or innocence of the accused can be
established through documents, the testimonies of the witnesses shall be the duly subscribed written statements
given to law enforcement 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.

22. During the pre-trial/preliminary conference, the court shall require the parties to stipulate on the testimonies of
witnesses who have no personal knowledge of the material facts constituting the crimes, such as, forensic chemists,
medico-legal officers, investigators, auditors, accountants, engineers, custodians, expert witnesses and other similar
witnesses, who will testify on the authenticity, due execution and the contents of public documents and reports;
corroborative witnesses; and those who will testify on the civil liability. This is without prejudice to additional direct
and cross examination questions.

23. The court shall encourage the accused and the prosecution to avail of Secs. 12 and 13 and 15, Rule 119 of the
Rules of Court15.

24. In the absence of the counsel de parte, the hearing shall proceed upon appointment by the court of a counsel de
officio.

25. The offer of evidence, the comment/objection thereto, and the court ruling thereto shall be made orally in open
court on the same day after the presentation of the last witness either for the prosecution or for the defence. The
court shall ensure that the offered evidence are submitted to court on the same day it is offered.

26. The court shall inquire from the accused his/her desire to move for leave of court to file demurrer to evidence or
to proceed in presenting 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 agreed upon, and to orally offer and
rest his/her case on the day his/her last witness is presented. If accused insists on filing the demurrer to evidence
without leave, the previously scheduled dates for the accused to present evidence shall be cancelled. The demurrer
shall be resolved by the court within a non-extendible period of thirty (30) calendar days from the date of the filing of
the comment or lapse of the ten (10)-day period to comment.

If the motion for leave of court to file demurrer to evidence is granted, and the 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.

27. The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day.

28. 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. Its filing is non-extendible and shall not
suspend the running of the period of promulgation of the decision.

29. Judges who conducted the trial and heard the testimonies of witnesses shall submit the case for decision even if
the transcript of stenographic notes are incomplete or missing. 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 the period of thirty (30) calendar days from date of his/her assumption to office.
30. The judge shall announce in open court and include in the order submitting the case for decision, the date of the
promulgation of its decision which shall not be more than ninety (90) calendar days from the date the case is
submitted for decision, except when the case is covered by special Rules and other laws which provide for a shorter
period.

31. A motion for reconsideration of judgment of conviction or motion for new trial under Rule 121 filed within the
reglementary period of fifteen (15) days from promulgation shall be resolved within a non-extendible period of ten
(10) calendar days from the submission of the comment of the prosecution or even in the absence of comment.

32. The physical inventory of cases and preparation of the semestral report 16 shall not suspend court hearings.

33. All courts covered by the Revised Guidelines shall accomplish and submit a periodic report of data in a form to
be generated and distributed by the Committee.

34. Non-compliance with the Revised Guidelines, including failure to observe the timelines and deadlines herein
provided, is a ground for disciplinary action.

35. MORE POWER AND GOD BLESS THE ENTIRE JUDICIARY!!!