Rule 119- Trial

Question 1

When trial shall commence?

Answer 1

1. Trial shall commence within thirty (30) days from receipt of the pre-trial order (Sec. 1, Rule 119, Rules of Court).
2. If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order granting a new trial. This period may be extended to one not exceeding one hundred eighty (180) days from notice of the order if the period becomes impractical due to unavailability of witnesses and other factors (Sec. 5, Rule 119, Rules of Court).

Question 2

How many days can the accused prepare for his defense?

Answer 2

15 days from pleading not guilty (Sec. 1, Rule 119, Rules of Court).

Question 3

There are certain delays which should not be included in counting the period for commencement of a trial. Such delays include but are not limited to the following:

Answer 3

(a) Delay resulting from an examination of the physical and mental condition of the accused;
(b) Delay resulting from proceedings with respect to other criminal charges against the accused;
(c) Delay resulting from extraordinary remedies against interlocutory orders; (d) Delay resulting from pre-trial proceedings; provided that the delay does not exceed thirty (30) days;
(e) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
(f) Delay resulting from a finding of the existence of a prejudicial question;
(g) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement;
(h) Delay resulting from the absence or unavailability of an essential witness; an essential witness is considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence;
(i) Delay resulting from the mental incompetence or physical inability of the accused to stand trial;
(j) Delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge if the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense;
(k) Delay which is reasonable when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted;
(l) Delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial (Sec. 3, Rule 119, Rules of Court).