[Implementing the Provisions
of Republic Act No. 8493, Entitled "An Act to Ensure a Speedy Trial of
All Criminal Cases Before
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit
Trial Court, Appropriating Funds Therefor, and for Other Purposes"]
Supreme
Court & the Judiciary
Circular No. 38-98 [dated August 11, 1998]
[Implementing the Provisions
of Republic Act No. 8493, Entitled "An Act to Ensure a Speedy Trial of
All Criminal Cases Before the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial
Court, Appropriating Funds Therefor, and for Other Purposes"]
SECTION 1. Purpose
of Circular. - This Circular is promulgated
for the purpose of implementing the provisions of Republic Act No. 8493,
otherwise known as the "Speedy Trial Act of 1998", as directed in Section
15 thereof.
SEC. 2. Time Limit
for Arraignment and Pre-Trial. -
The arraignment and the pre-trial if the accused pleads not guilty to the
crime charged, shall be held within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused. The period
of the pendency of a motion to quash, or for a bill of particulars, or
other causes justifying suspension of arraignment shall be excluded.
SEC. 3. Mandatory
Pre-Trial in Criminal Cases. -
In all criminal cases cognizable by the Sandiganbayan, Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court and Municipal Circuit Trial Court, the court shall,
after arraignment, order a pre-trial conference to consider the following:
[a] Plea bargaining;
[b] Stipulation of facts;
[c] Marking for identification of evidence
of the parties;
[d] Waiver of objections to admissibility
of evidence; and
[e] Such other matters as will promote
a fair and expeditious trial of the criminal and civil aspects
of the case.
If the accused has pleaded not guilty to the crime
charged, he may state whether he interposes a negative or affirmative defense.
A negative defense shall require the prosecution to prove the guilt of
the accused beyond reasonable doubt, while an affirmative defense may modify
the order of trial and require the accused to prove such defense by clear
and convincing evidence.
SEC. 4. Pre-Trial
Agreement. -
All agreements or admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by the accused and counsel,
otherwise the same shall not be used against the accused. The agreements
in relation to matters referred to in Section 3 hereof are subject to the
approval of the court: Provided, That the agreement on the
plea of the accused should be to a lesser offense necessarily included
in the offense charged.
SEC. 5. Non-appearance
at Pre-Trial Conference. -
Where counsel for the accused or the prosecutor does not appear at the
pre-trial conference and does not offer an acceptable excuse for his lack
of cooperation, the court may impose proper sanctions or penalties.
SEC. 6. Pre-Trial
Order. -
After the pre-trial conference, the court shall issue an order reciting
the actions taken, the facts stipulated, and the evidence marked.
Such order shall bind the parties, limit the trial to matters not disposed
of and control the course of action during the trial, unless modified by
the court to prevent manifest injustice.
Thereafter, where a plea of not guilty is entered,
the accused shall have at least fifteen (15) days to prepare for trial
which shall commence within thirty (30) days from receipt of the pre-trial
order.
SEC. 7. Extended
Time Limit. -
Notwithstanding the provisions of the preceding Sections 2 and 6 for the
first twelve-calendar-month period following its effectivity, the time
limit with respect to the period from arraignment to trial imposed by said
provision shall be one hundred eighty (180) days. For the second
twelve-month period, the time limit shall be one hundred twenty (120) days,
and for the third twelve-month period, the time limit shall be eighty (80)
days.
SEC. 8. Time Limit
for Trial. -
In criminal cases involving persons charged with a crime, except those
subject to the Rule on Summary Procedure, or where the penalty prescribed
by law does not exceed six (6) months imprisonment, or a fine of one thousand
pesos (P1,000.00) or both, irrespective of other imposable penalties, the
court shall, after consultation with the public prosecutor and the counsel
for the accused, 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 (180) days from the first day of trial, except as otherwise
authorized by the Court Administrator pursuant to Section 2, Rule 30 of
the Rules of Court.
SEC. 9. Exclusions.
- The following periods of delay shall
be excluded in computing the time within which trial must commence:
(a) Any period of delay resulting from
other proceedings concerning the accused, including
but not limited
to the following:
(1) delay resulting from an examination
of the 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, that the delay does not exceed
thirty (30) days;
(5) delay resulting from orders on inhibition
or proceedings relating to change of venue
of cases or transfer
from other courts;
(6) delay resulting from a finding of the
existence of a valid prejudicial question; and
(7) delay reasonably attributable to any
period, not to exceed thirty (30) days, during
which any proceeding
concerning the accused is actually under advisement.
(b) Any period of delay resulting from
the absence or unavailability of an essential witness.
For purposes of this subparagraph, an essential
witness shall be considered absent when his whereabouts are unknown or
his whereabouts cannot be determined by due diligence. An essential
witness shall be considered unavailable whenever his whereabouts are known
but his presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from
the fact that the accused is mentally incompetent or
physically unable to
stand trial.
(d) If the information is dismissed upon
motion of the prosecution and thereafter a charge is
filed against
the accused for the same offense, any period of 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 previous charge.
(e) A reasonable period of delay 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.
(f) Any period of 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
such continuance on
the basis of his 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. 10. Factors
for Granting Continuance. -
The following factors, among others, shall be considered by a court in
determining whether to grant a continuance under subparagraph (f) of Section
9 hereof:
(a) Whether or not the failure to grant
a continuance in the proceeding would be likely to make
a continuation
of such proceeding impossible, or result in a miscarriage of justice; and
(b) 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 otherwise, that it is unreasonable
to expect adequate
preparation within the periods of time established herein.
No continuance under subparagraph (f) of Section
9 hereof shall be granted because of congestion of the court's calendar,
or lack of diligent preparation or failure to obtain available witnesses
on the part of the public prosecutor.
SEC. 11. Time Limit
Following on Order for New Trial. -
If the accused is to be tried again pursuant to an order of a court for
a new trial, the trial shall commence within thirty (30) days from notice
of that order, except that the court retrying the case may extend such
period but not to exceed one hundred eighty (180) days from notice of said
order for a new trial if unavailability of witnesses or other factors make
trial within thirty (30) days impractical.
SEC. 12. Public
Attorney's Duties Where Accused is Imprisoned.
- If the public attorney assigned to defend
a person charged with a crime knows that the latter is preventively detained,
either because he is charged with a bailable crime and has no means to
post bail, or is charged with a non-bailable crime, or is serving a term
of imprisonment in any penal institution:
(a) The public attorney shall 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.
(b) Upon receipt of that notice, the person
having custody of the prisoner shall promptly advise
the prisoner of
the charge and of his right to demand trial. If at anytime thereafter
the
prisoner informs
his custodian that he demands such trial, the latter shall cause notice
to
that effect to
be sent promptly to the public attorney.
(c) Upon receipt of such notice, the public
attorney shall promptly seek to obtain the presence
of the prisoner
for trial.
(d) When the person having custody of the
prisoner receives from the public attorney a
properly supported
request for the availability of the prisoner for purposes of the trial,
the prisoner shall
be made available accordingly.
SEC. 13. Sanctions.
- In any case in which private counsel
for the accused, the public attorney or the prosecutor:
(a) knowingly allows the case to be set
for trial without disclosing the fact that a necessary
witness would
be unavailable for trial;
(b) files a motion solely for the purpose
of delay which he knows is totally frivolous and
without merit;
(c) makes a statement for the purpose of
obtaining continuance which he knows to be false
and which is material
to the granting of a continuance; or
(d) otherwise willfully fails to proceed
to trial without justification consistent with the provisions
hereof, the court
may punish any such counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately
retained in connection with the defense of an
accused, by imposing
a fine not exceeding twenty thousand pesos (P20,000.00);
(2) by imposing on any appointed counsel
de oficio, public attorney or public prosecutor
a fine not exceeding
five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public
prosecutor the right to practice before
the court considering
the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this
section shall be without prejudice to any appropriate criminal action or
any other sanction authorized under the Rules of Court.
SEC. 14. Remedy Where
Accused is not Brought to Trial Within the Time Limit.
- If the accused is not brought
to trial within the time limit required by Sections 2 and 6 hereof, as
extended by Section 7, the information may be dismissed on motion of the
accused on the ground of denial of his right to speedy trial. The
accused shall have the burden of proving such motion but the prosecution
shall have the burden of going forward with the evidence in connection
with the exclusion of time under Section 9 hereof. The dismissal
shall be subject to the rules on double jeopardy.
Failure of the accused to move for dismissal prior
to trial shall constitute a waiver of the right to dismiss under this section.
SEC. 15. Republic
Act No. 8493 Not a Bar to Provision on Speedy Trial in the Constitution.
- No provision of Republic Act No.
8493 shall be interpreted as a bar to any charge of denial of speedy trial
as provided by Article III, Section 14(2), of the 1987 Constitution.
SEC. 16. Effectivity.
- This Circular shall be published
in two (2) newspapers of general circulation and shall take effect on September
15, 1998.
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