when all the facts of a case are heard, and a judge or jury makes the final decision about the court case. An offender can waive their rights to a jury trial and just have the judge make the ruling in a bench trial.

1. BY: CHELDY SYGACO ELUMBA-PABLEO,MPA,LLB
CRIMINAL PROCEDURE

2. TRIAL
• PREPARATION: 15 days after the plea of not
guilty is entered.
• COMMENCE: 30 days from receipt of the Pre-
trial Order.
• TERMINATION: 180 days from the first day of
trial.

3. EXCLUSION FROM COMPUTING OF DELAY IN
TRIAL
1. Delay resulting from physical and mental condition of
the accused;
2. Delay resulting from proceedings with respect to other
criminal charges against the accused;
3. Delay resulting from extraordinary remedies against
interlocutory orders;
4. Delay resulting from pre-trial proceedings (provided not
to exceed 30 days)

4. EXCLUSION FROM COMPUTING OF DELAY IN
TRIAL
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 finding of the existence of a
prejudicial question;
7. Delay reasonably attributable to any period, not
exceeding 30 days during which any proceeding concerning
the accused is actually under advisement.

5. EXCLUSION FROM COMPUTING OF DELAY IN
TRIAL
• OTHER DELAY:
1. Resulting from the absence or unavailability of an
essential witness
2. Resulting from the mental incompetence or physical
inability of the accused to stand trial;
3. If the information is dismissed upon motion of the
prosecution and thereafter file a charge against the
accused for the same offense

6. EXCLUSION FROM COMPUTING OF DELAY IN
TRIAL
• OTHER DELAY:
4. The accused is joined for trial with a co-accused over
whom the court has not acquired jurisdiction or whom,
the time trial has not run and no motion for separate trial
has been granted;
5. Resulting from a continuance granted by any court mu
propio or in motion of either the accused or his counsel or
the prosecution—for speedy trial.

7. GROUNDS FOR POSTPONEMENT
• Motion for postponement or continuance under par.
(f) on the earlier slide, must be based on any of the
grounds therein provided as well as those specified in
Sec. 4 of this Rule.
• The clear implication is that the trial court may not
grant a continuance on any other ground.
• Postponement must be for good cause.

8. CHANGE OF VENUE OF TRIAL
• Sec. 5(4), Art. VIII of the Constitution expressly empowers
the Supreme Court to “Order a change of venue or place
of the trial to avoid miscarriage of justice.”
• Cases can be transferred to a neighboring court of equal
rank, whenever the imperative of securing a fair and
impartial trial or preventing miscarriage of justice, so
demands.

9. FACTOR OF GRANTING CONTINUANCE
• Whether or not the failure to grant a continuance in
the proceeding would likely makes continuation of
such proceeding impossible or result in a miscarriage
of justice.
• 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 that it is unreasonable
to expect adequate preparation within the periods of
time established therein.

10. ARCHIVING CRIMINAL CASES
• May be archived by the trial court 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 be proper peace officer.
• The judge who fails to comply with this circular
may be held administratively liable therefor.

11. TIME LIMIT FOR “ORDER FOR NEW TRIAL”
• COMMENCE: 30 days from notice of the order, provided
if the period becomes impractical due to unavailability
of witnesses and other factors—court may extend.
• LIMITATION: 180 days –for the 1st 12 calendar-month
• 120 days –for the 2nd 12 period
• 80 days- for the 3rd 12 month period

12. PUBLIC ATTORNEY’S DUTIES-ACCUSED IS
IMPRISONED
• IF PREVENTIVELY DETAINED OR NO MEANS TO POST BAIL:
1. Promptly undertake to obtain the presence of the
prisoner for trial or cause a notice to be served on the
person having custody of the prisoner requiring such
person to so advise the prisoner of his right to demand
trial.
2. Upon receipt of that notice—the prisoner shall promptly
advise the prisoner of the charge of his right to demand
trial.

13. PUBLIC ATTORNEY’S DUTIES-ACCUSED IS
IMPRISONED
• IF PREVENTIVELY DETAINED OR NO MEANS TO POST
BAIL:
3. Upon receipt of that notice, the public attorney shall
promptly seek to obtain the presence of the prisoner for
trial.
4. When custodian of the prisoner receives from the public
attorney a properly supported request for the availability
of the prisoner for purposes of trial, the prisoner shall
made available accordingly.

14. REMEDY WHERE THE ACCUSED IS NOT
BROUGHT TO TRIAL WITHIN THE TIME LIMIT
• May dismissed on motion of the accused on the
ground of denial of his right to speedy trial.
• The accused has the burden of providing the motion
but the prosecution shall have the burden of going
forward with the evidence to establish the exclusion
of time under the rules of double jeopardy.

15. ORDER OF TRIAL
1. Prosecution shall present evidence to prove the charge
and in proper case, the civil liability;
2. Accused may present evidence to prove his defense, and
damages, if any arising from the issuance of any
provisional remedy in the case.
3. The prosecution and defense may, in that order present
rebuttal and surrebuttal evidence unless the court, in
furtherance of justice, permits them to present addition
evidence bearing upon the main issue.

16. ORDER OF TRIAL
4. Upon admission of the evidence of the parties,
the case shall be deemed submitted for decision
unless the court directs them to argue orally or to
submit memoranda.
5. When the accused admits the act or omission
charged in the complaint or information but
interpose a lawful defense, the order of trial may
be modified.

17. TRIAL COURT MAY MODIFY THE ORDER OF
TRIAL
•RULE: discretion of the judge, when
the accused admits the act or
omission charged in the complaint
information but interpose a lawful
defense.

18. NEGLIGENCE OF THE DEFENSE COUNSEL WILL
NOT BIND THE ACCUSED
• GENERAL RULE: the negligence of the counsel will not bind the
client is based on the principle that any act or performed by a
lawyer within the scope of his general or implies authority is
regarded as an act of his client.
• EXCEPTIONS: where reckless or gross negligence of counsel
deprives the client of due process of law, or when the
application of the rule results in the outright deprivation of
one’s property through a technicality.

19. APPLICATION FOR EXAMINATION OF WITNESS
FOR ACCUSED BEFORE TRIAL
• When accused has been held to answer for an offense (upon
motion with notice to other parties ) state:
1. The name and residence of the witness;
2. The substance of his testimony;
3. That the witness is sick or infirm as to afford reasonable ground
resides more than 100 kilometers from the place of trial and
has no means to attend the same, or that other similar
circumstances exist that would make him unavailable or
supported by affidavits of the accused and such other evidence
as the court may require.

20. DEPOSITION
• Is a testimony of a witness taken upon oral
question or written interrogatories, in open
court, but in pursuance of a commission to take
testimony issued by the court, or under a general
law or court rule on the subject, and reduced to
writing and duly authenticated, and intended to
be used in preparation and upon trial of a civil or
criminal prosecution.

21. PURPOSE OF DEPOSITION
1. Greater assistance to the parties in ascertaining
the truth and in checking and preventing perjury;
2. Provide an effective means of detecting and
exposing false, fraudulent claims and defenses;
3. Make available in a simple, convenient and
expensive way, facts which otherwise could not be
proved except with greater difficulty;

22. PURPOSE OF DEPOSITION
• 4. educate the parties in advance of trial as to real
value of their claims and defenses thereby encouraging
settlements;
• 5. expedite litigation;
• 6. prevent delay;
• 7. simplify and narrow the issues;
• 8. expedite and facilitate both preparation and trial.

23. PURPOSE OF DEPOSITION
• Where the ONLY REASON for the accused to take
the deposition of foreign witnesses is to foreclose
objection to certain documents and where it
appears that such documents have already been
admitted in evidence, there is no reason for
taking the deposition of said foreign witnesses,
and the accused’s application for deposition
should be denied.

24. EXAMINATION OF A CHILD WITNESS
• OBJECTIVES:
1. create and maintain an environment that will allow
children to give reliable and complete evidence,
2. minimize trauma to children,
3. encourage children to testify in legal proceedings
and
4. facilitate the ascertainment of truth.

25. EXAMINATION OF A CHILD WITNESS
•LIBERALLY construed to uphold the best
interest of the child and promote
maximum accommodation of child
witnesses without prejudice to the
constitutional rights of the accused.

26. EXAMINATION OF A CHILD WITNESS
GUARDIAN AD LITEM
•To facilitate the best interest of the
child, the court may appoint a person,
where the case is pending for a child
who is a victim of, accused of, or a
witness to a crime to protect him
during the proceeding.

27. EXAMINATION OF A CHILD WITNESS
IN-DEPTH INVESTIGATIVE INTERVIEW OR
DISCLOSURE INTERVIEW
•Is an injury proceeding conducted by duly
trained members of a multidisciplinary
team or representatives of law
enforcement or child protective services
for the purpose of determining whether
child abuse has been committed.

28. EXAMINATION OF A CHILD WITNESS
PERSON ALLOWED AT COMPETENCY EXAMINATION
1. The judge and necessary court personnel;
2. The counsel for the parties;
3. The guardian ad litem;
4. One or more support person for the child;
5. The defendant, UNLESS the court determines
that competence can be fully evaluated in his
absence.

29. EXAMINATION OF A CHILD WITNESS
COURTROOM ENVIRONMENT
• The court may in its discretion, direct and
supervise the location, movement and
deportment of all persons in the courtroom
including the parties, their counsels, child,
witnesses, support person, guardian ad litem,
facilitator, and other personnel to CREATE a
more comfortable environment for the child.

30. EXAMINATION OF A CHILD WITNESS
LIVE LINK TELEVISION TESTIMONY IN CRIMINAL CASES
WHERE THE CHILD IS A VICTIM OR A WITNESS
•A prosecutor, counsel for the guardian ad
litem may apply for an order that the
testimony be taken in a room outside the
courtroom and be televised by live-link
television.
•Apply at least 5 days before trial date

31. JOINT TRIAL
• The rules allow joint trial of several accused. Since they
are jointly tried, every piece of evidence introduced at
the trial, regardless of who had offered it or on whose
behalf it had been submitted, could effect the whole
case and everyone of said defendants, in so far as
relevant to them.
• EXCEPTION: unless the court, in its discretion and upon
motion of the prosecutor or any accused orders separate
trial for one or more accused.

32. DISCHARGE OF THE ACCUSED TO BE A STATE
WITNESS
• QUALIFICATION OF A STATE WITNESS:
1. There is no absolute necessity for the testimony
of the accused whose discharge is requested;
2. There is no other direct evidence available for
the proper prosecution of the offense
committed, except the testimony of said
accused;

33. DISCHARGE OF THE ACCUSED TO BE A STATE
WITNESS
•QUALIFICATION OF A STATE WITNESS:
3. The testimony of the said accused can
substantially corroborated in its material points;
4. Said accused does not appear to be the most
guilty;
Said accused has not at any time been convicted of
any offense involving moral turpitude.

34. DISCHARGE OF THE ACCUSED TO BE A STATE
WITNESS
•Evidence adduced in support of the
discharge shall automatically form part of
the trial.
•If the court denies the motion for discharge
of the accused as state witness, his sworn
statement shall be inadmissible in evidence.

35. WITNESS PROTECTION UNDER R.A. NO. 6981
• R.A. No. 6981 “An Act Providing for a Witness Protection,
Security and Benefit Program and for other Purposes” –is
the first option for a person who participated of a crime
to be a state witness.
• AVAILED BY: any person who has witnessed or has
knowledge or information of a crime and has testifies or
is testifying or about to testify before any judicial or
quasi-judicial body, or before any investigating authority
may admitted to this program.

36. WITNESS GRANTED FROM IMMUNITY FROM
SUIT
• 2 TYPES OF IMMUNITY TOA WITNESS FROM SUIT:
1. TRANSACTIONAL IMMUNITY-by its grant, a witness can
no longer be prosecuted for any offense whatsoever
arising out of the act or transaction.
2. USE AND DERIVATIVE USE IMMUNITY—a witness is only
assured that his particular testimony and evidence
derived from it will not be used against him in a
subsequent prosecution.

37. EXCLUSION OF THE PUBLIC IN TRIAL
• The judge may motu proprio exclude the public
from the courtroom if the evidence to be
produced during trial is offensive to decency or
public morals.
• He may also, on motion of the accused exclude
the public from trial EXCEPT the court personnel
and counsel of the parties.

38. CONSOLIDATION OF TRIALS OF RELATED
OFFENSES
• Charges for offense on the same facts or forming part
of a series of offenses of similar character may be
tried jointly at the discretion of the court.
• PURPOSE: to avoid multiplicity of suits, guard
against oppression or abuse, prevent delay, clear
congested dockets, simplify the work of the trial
court, and save unnecessary cost or expenses.

39. DEMURRER TO EVIDENCE
•A demurrer to evidence is defined as "an
objection by one of the parties in an
action, to the effect that the evidence
which his adversary produced is
insufficient in point of law, whether true or
not, to make out a case or sustain the
issue"

40. DEMURRER TO EVIDENCE
• AFTER the prosecution rest its case, the court
may dismiss the case on the ground of
insufficiency of evidence:
1. On its own initiative after giving the prosecution
an opportunity to be heard;
2. Upon demurrer to evidence filed with or without
leave of court.

41. DEMURRER TO EVIDENCE DENIED
• Accused may adduced evidence in his defense.
• FILED WITHOUT LEAVE OF COURT: the accused waives the
right to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution.
• It shall specify the grounds and shall be filed within non-
extendible period of five (5) days after the prosecution rest
its case.
• Prosecution may opposed with the same period from its
receipt.

42. DEMURRER TO EVIDENCE
•FILED WITHOUT LEAVE OF COURT:
(CONSEQUENCES if denied)
•The accused loses his right to present
evidence in which event the case will be
deemed submitted for decision.

43. REOPENING OF CASE
• Anytime before finality of the judgment of
conviction or even parties have closed their
evidence, the judge may motu proprio or upon
motion, with hearing in either case, reopen the
proceedings for the reception of further evidence
or to avoid a miscarriage of justice .
• Proceeding shall be terminated within 30 days
from order granting it.

44. THANK YOU FOR READING!
CHELDHAYE