CRIMPRO TRIAL Flashcards
A. Notice of Trial, Section 1
Rule 119 Trial
Section 1. Time to prepare for trial. — After a plea of not guilty is entered, the accused shall have at least fifteen (–) days to prepare for trial. The trial shall commence within thirty (–) days from receipt of the pre-trial order. (sec. 6, cir. 38-98)
15
30
The trial shall be set not later than —– days from the termination of the pre-trial conference
30 days
B. Continuous Trial Rule, Section 2
Section 2. Continuous trial until terminated; postponements. — Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. (2a)
The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (—) days from the first day of trial, except as otherwise authorized by the Supreme Court. (sec. 8, cir. 38-98).
The time limitations provided under this section and the preceding section shall not apply where?
(180) days
Special laws or circulars of the Supreme Court provide for a shorter period of trial. (n)
C. Postponements, Section
Postponements. — Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for
A reasonable period of time for good cause. (2a)
C. Postponements, Section
Under the Rules of Court, a continuance may, among others be granted if continuing the proceeding is impossible or would result in a miscarriage of justice
Postponement however, is not the general rule. Under the Revised Guidelines for Continuous Trial of Criminal Cases, a motion for postponement is prohibited, except
- Acts of god
- Force Majeure
- 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.
May OR pa or fee for postponement - The Clerk of Court shall not accept the motion unless accompanied by the OR
D. Order of Trial, Section 11
Section 11. Order of trial. — The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal and surrebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
(d) 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 written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. (3a)
- Prosecution Evidence, Section 3 (a)
Section 3. Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. (3a)
- Prosecution Offer of evidence, (Section 34 and 35,
Rule 132
Section 34. Offer of evidence. — The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. (35)
Section 35. When to make offer. — As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentation of a party’s testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in writing. (n)
What is Demurrer to Evidence?
A demurrer to evidence is actually a motion to dismiss that is filed by the accused after the prosecution has rested its case. Hence, a demurrer to evidence filed before the prosecution rests its case is premature
What are the grounds for demurrer to evidence?
The ground of the demurrer is insufficiency of the evidence of the prosecution. In a demurrer to evidence, the accused challenges the insufficiency of the entire evidence of the prosecution and asserts that the prosecution failed to prove the guilt of the accused beyond reasonable doubt.
For example: If the elements constituting rape, as alleged in the informatio, were not proven. Hence, a demurrer to evidence in a rape case, for the mere failure of the prosecution to prove the minority of the victim, is not proper. Minority is not an essential element of rape.
What is the standard of proof in a demurrer
Proof beyond reasonable ground and is different from the standard of proof in a petition for bail in which the trial court’s inquiry is limited only to whether there is evident proof that the accused is guilty of the offense charged.
Demurrer to Evidence, Section 23,
Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is 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. (15a)
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. (n)
The trial shall be held from —–to——, and courts shall call the cases at exactly —–and—-Hearings on motions, arraignment and pre-trial, and promulgation of decisions shall be held in the morning of —–
Monday to Thursday
830AM and 2:00PM
Fridays
As provided under the Revised Guidelines for Continuous Trial of Criminal Cases, the schedule of trial dates, for both the prosecution and the accused, shall be?
Continuous and within the periods provided in the Regular/Special Rules.
