Trial Flashcards
In what instances is the presence of the accused required?
a. At arraignment; [Sec. 1(b), Rule 116]
b. At the promulgation of judgment, unless the conviction is for a light offense [Sec. 6, Rule 120]
In all criminal prosecutions, the accused shall have the right to be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment [Sec. 1(c), Rule 115]
What is the general rule re. the waiver of the right of the accused to be present in the trial? What are the exceptions?
General rule: The accused may waive his presence at the trial pursuant to the stipulations set forth in his bail [Sec. 1(c), Rule 115]
Exception: Unless his presence is specifically ordered by the court for purposes of identification [Sec. 1(c), Rule 115]
Prosecution may require the presence of the accused for the purposes of identification by its witnesses [Carredo v. People, G.R. No. 77542, March 19, 1990]
Exception to the exception: The presence of the accused is no longer required when he unqualifiedly admits in open court after arraignment that he is the person named as defendant in the case on trial [Carredo v. People, G.R. No. 77542, March 19, 1990]
What other instances are considered a waiver of the right of the accused to be present in the trial?
a. The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat.
]b. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained
[Sec. 1(c), Rule 115]
When should trial be commenced?
Pursuant to Sec. 8(d) of the Guidelines for Decongesting Holding Jails by Enforcing the Rights of the Accused Persons to Bail and to Speedy Trial [A.M. No. 12-11-2 SC], trial shall be set not later than thirty (30) days from the termination of pre-trial conference.
What are the requisites before trial can be suspended o naccount of absence of witness?
Requisites
a. Absence or unavailability
1. “Absent” means that his whereabouts are unknown or cannot be determined by due diligence
2. “Unavailable” means that his whereabouts are known but his presence for trial cannot be obtained by due diligence
b. of an essential witness [Sec. 3(b), Rule 119]
“Essential” means indispensable, necessary, or important in the highest degree [Riano 530, 2011 Updated Ed., citing 5 Black’s Law Dictionary 490]
What are the effects (to trial) of the absence of an essential witness?
Any period of delay resulting from the absence or unavailability of an essential witness shall be excluded in computing the time within which trial must commence [Sec. 3, Rule 119]
What is the punishment for counsel of the accused, public attorney, or the prosecutor who knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial?
They may be punished by the courts as follows:
a. by imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding ₱20,000.00;
b. by imposing on any appointed counsel de officio, public attorney, or prosecutor a fine not exceeding ₱5.000.00; and
c. by denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding 30 days
The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under the Rules [Sec. 8, Rule 119]
When may a witness for the prosecution be conditionally examined?
A witness for the prosecution may forthwith be conditionally examined before the court where the case is pending when it satisfactorily appears that he
- Is too sick or infirm to appear at the trial as directed by the court, or
- Has to leave the Philippines with no definite date of returning.
[Sec. 15, Rule 119]
How may a conditional examination of a witness be conducted?
Such examination, shall be conducted in the same manner as an examination at the trial
- In the presence of the accused, or
- In his absence after reasonable notice to attend the examination has been served on him
[Sec. 15, Rule 119]
What is the effect of the failure or refusal of accused to attend the conditional examination after notice?
Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.
[Sec. 15, Rule 119]
What is the remedy for securing the appearance of a material witness?
a. When the court is satisfied, upon
1. proof or
2. oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper.
b. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken [Sec. 14, Rule 119]
What are the requisites for a Trial in Absentia?
a. Accused has been arraigned
b. He was duly notified of trial
c. His failure to appear is unjustified [Bernardo v. People, G.R. No. 166980 (2007)]
What is the purpose of a Trial in Absentia?
This is to speed up disposition of cases [People v. Agbulo, G.R. No. 73875 (1993)]
What is the ‘Order of Trial’?
[Sec. 11(a) to (d), Rule 119]
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 sur-rebuttal 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)
When may the order of trial be modified (reverse trial)?
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 [Sec. 11(e), Rule 119]
What are the remedies when the accused is not brought to trial within the prescribed period?
On motion of the accused, the information may be dismissed on the ground of denial of his right to speedy trial if the accused is not brought to trial within the time limit required by
a. Sec. 1(g), Rule 116; and
b. Sec. 1, as extended by Section 6 of Rule 119. [Sec. 9, Rule 119]
Sec. 1(g), Rule 116: Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period.
Sec. 1, Rule 119: After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial. The trial shall commence within 30 days from receipt of the pre-trial order.
Sec. 6, Rule 119: Notwithstanding the provisions of section 1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision shall be 180 days. For the second twelve-month period, the time limit shall be 120 days, and for the third twelve-month period, the time limit shall be 80 days.
