K. Trial (Rule 119)

Trial of Several Accused

General Rule: When two accused are jointly charged with an offense, joint trial is automatic, without need of court order.

Exception: The court, in its discretion, AND upon motion of the prosecutor or any accused, orders separate trial (Rule 119, Sec. 16).

A motion for separate trial must be filed before the commencement of trial and cannot be raised for the first time on appeal.

Even if a joint trial is conducted, the accused can always be permitted to present evidence separately.

Periods Relevant to Trial

(Rule 119, Secs. 1-2).

Prosecution Witness May also be Required to Post Bail to Ensure Their Appearance at the Trial of the Case where:

• There is a substitution of information. (Rule 110, Sec. 4)
• Where the court believes that a material witness may not appear at the trial. (Rule 119, Sec. 14)

1. ADJOURNMENTS AND POSTPONEMENTS

A court may adjourn a trial from day to day and to postpone it to any stated time.

General Rule: A court does not have power to adjourn trial for a longer period than one (1) month for each adjournment and not for more than three (3) months total for all adjournments.

The party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon.

Exception: When authorized in writing by the Court Administrator, Supreme Court.

Time Limit Following Order for New Trial

General Rule: Trial shall commence within 30 days from notice of the new trial order

Exception/s: Within 180 days if:

• Period impractical due to unavailability of witness
• Other factors (Rule 119, Sec. 5).

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 but 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, it shall be his duty to do the following:

• Promptly obtain his presence for trial or give notice to person having custody to advise the prisoner of his right to demand trial
• If the prisoner demands trial, the custodian shall notify the lawyer of such demand
• Upon receipt of notice, public attorney shall obtain presence of the prisoner for trial; and
• The custodian shall make the accused available for trial upon receipt of such notice (Rule 119, Sec. 7).

K. Trial (Rule 119)

REQUISITE BEFORE TRIAL CAN BE SUSPENDED ON ACCOUNT OF ABSENCE OF WITNESS

Notice to parties

The inspection or view is part of the trial and thus should be made in the presence of the parties or at least with previous notice to them of the time and place set for the view. (Phil. Movie Pictures Workers Ass’n v. Premiere Productions, G.R. No. L-5621, 1953)

Order of Trial

• Prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
• Accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case.
• Prosecution and 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.
• 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 (Rule 119, Sec.11).

The order of trial MAY be modified if the accused admits the acts charged but interposes lawful defenses. Hence, it is discretionary on the RTC to order the modification. Further, a Motion to Reverse Order of Trial is interlocutory and hence not appealable (People v. Marcial, G.R. Nos 152864-65, 2006).

In cases under Summary Procedure, affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed it. The witness who testified may be subject to crossexamination, redirect, or re-cross-examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize his affidavit for any admissible purpose. (Revised Rule on Summary Procedure, §15)

Note: 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.

Exclusion of the Public

Judge may exclude the public from the courtroom/trial:

(Rule 119, Sec.21).

Note: The Rule on Examination of a Child Witness (A.M. NO. 004-07-SC) provides that:

When a child testifies, the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case.

In making its order, the court shall consider the developmental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian.

Revised Guidelines on Continuous Trial

What Constitutes “Reasonable Time”

It depends on the circumstances surrounding the case such as the gravity of the offense, complexity of the allegations, whether a motion to quash or a bill of particulars has to be filed, etc.

Generally, reasonable time to prepare for trial is between 2-15 days.

The accused has at least 15 to 30 days from receipt of pre-trial order to prepare for trial (Rule 119, Section 1).

Generally, reasonably time to prepare for arraignment is 30 minutes to 1 hour.

Note: Counsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. Only when so demanded does denial thereof constitute reversible error and a ground for new trial.