7.

Petition to suspend criminal action based on prejudicial question when no civil case
Salient features of the Revised Guidelines for Continuous Trial of Criminal Cases has been filed9.

6. Motion for postponement is prohibited, except if it is based on acts of God, force

majeure or physical inability of the witness to appear and testify. If the motion is
1. It applies to all newly-filed criminal cases, including those governed by Special
granted based on said exceptions, the moving party shall be warned that the
presentation of its evidence must still be finished on the dates previously agreed
Laws and Rules1, in the First and Second Level Courts, the Sandiganbayan and the
upon. A motion for postponement shall at all times be paid with the Office of the
Clerk of Court. The Branch COC shall not accept the motion unless accompanied by
Court of Tax Appeals. It also applies to pending criminal cases with respect to the the original receipt.

remainder of the proceedings. It shall not apply to cases under the Rule on
7. If a party fails to qualify for PAO services, the IBP shall provide free legal assistance
to the party. The IBP shall submit the list of lawyers to the Executive Judge for
Summary Procedure.
possible appointment as counsel de officio in such cases.

2. Trial shall be held from Monday to Thursday at exactly 8:30 A.M. and 2:00 P.M2. 8. Where only the civil liability is being prosecuted, the head of the prosecution office
Hearing on motions, arraignment and pre-trial, and promulgation of judgment of may issue a written authority to a private prosecutor who may prosecute in the
decisions are in the morning of Fridays.3 absence of the public prosecutor.10

3. Motions for inhibitions based on Rule 137 shall be resolved immediately or within 9. Consolidation of cases may be done even before raffling provided a motion for
two calendar days from filing. consolidation accompanies the filing before the Office of the Clerk of Court. If a new
case is filed involving an accused who has been subjected to further investigation by
4. Prohibited motions shall be denied outright before the arraignment without need the office of the prosecutor over an incident involving the same subject matter as
of comment. that of the already raffled information, the new case shall be assigned directly to the
court where the earlier case is pending, provided, there is a motion for consolidation
5. The following are the prohibited motions: from the office of the prosecutor that accompanies its filing in court. The proceedings
already had in the old case may be adopted.
1. Motion judicial determination of probable cause.
2. Motion for preliminary investigation filed beyond the five (5) day period in inquest 10. Archiving of cases shall be done within the period prescribed under the
proceedings4 or when preliminary investigation is required5 or allowed in inquest guidelines11. A criminal case shall be archived only if, after the issuance of the warrant
proceedings and the accused failed to participate despite due notice. of arrest, the accused remains at large for six (6) months from the delivery of the
3. Motion for reinvestigation of the prosecutor who recommends the filing of the warrant to the proper peace officer. Such case may likewise be archived when
information once the information has been filed before the court (1) if the motion is proceedings therein are ordered suspended for an indefinite period because: a.) the
filed without prior leave (2) when preliminary investigation is required and has been accused appears to be suffering from an unsound mental condition, b.) a valid
actually conducted, and the grounds relied upon in the motion are not meritorious, prejudicial question in a civil action is invoked during the pendency of the criminal
such as issues of credibility, admissibility of evidence, innocence of the accused, or case, c.) an interlocutory order or incident in the criminal case is elevated to a higher
lack of due process when the accused was actually notified, among others. court which issued a TRO or writ of preliminary injunction, d.) when the accused has
4. Motion to quash information when the ground is not one of those stated in the jumped bail before arraignment and cannot be arrested by the bondsman.
rules.6
5. Motion for bill of particulars that does not conform to the rules. 7 11. Arraignment and Pre-trial shall be set within ten (10) calendar days from date of
6. Motion to suspend arraignment based on grounds not stated by the rules 8. the court’s receipt of the case for a detained accused, and within thirty (30) calendar
days from the date the court acquires jurisdiction over a non-detained accused. The
setting shall be incorporated in the commitment order or in the approval of the bail 16. Pre-trial shall proceed even in the absence of parties provided, they were notified
in other cases. Notices shall be sent to the accused, his/her counsel, private and the counsel for the accused and the public prosecutor are present. The
complainant or complaining law enforcement agent, public prosecutor, and documentary evidence for both parties shall be marked. The pre-trial order shall
witnesses whose names appear in the information for purposes of plea-bargaining, immediately be served upon the parties and counsel on the same day after the
arraignment and pre-trial. termination of the pre-trial. Courts must strictly comply with the rules.12

12. In multiple cases, the court, upon personal examination of the accused may allow 17. The following shall be referred to mediation:
a waiver of the reading of the information upon the full understanding and express
consent of the accused and his/her counsel, which consent shall be expressly stated a. B.P Blg 22.
in both the minutes/certificate of arraignment and the order of arraignment. b. SSS Law13.
c. Pag-Ibig Law.14
13. Plea bargaining except in drug cases shall immediately proceed, provided the d. Theft under Art. 308, RPC.
private offended part in private crimes, or the arresting officer in victimless crimes, e. Estafa under Art. 315(1), RPC, except estafa under Art. 315 (2) and (3).
is present to give his/her consent with the conformity of the public prosecutor. f. Other forms of swindling under Art. 316, RPC.
Thereafter, judgment shall immediately be rendered in the same proceedings. g. Swindling of a minor under Art. 317, RPC.
h. Other deceits under Art. 318, RPC.
14. If the accused pleads guilty to the crime charged in the information, judgment i. Malicious Mischief under Art. 327, RPC.
shall be immediately rendered, except in those cases involving capital punishment. j. Libel by means of writings or similar means under Art 355, RPC.
k. Threatening to publish and offer to present such publication for a compensation
under Art. 356, RPC.
15. If no plea bargaining or plea of guilty, the court shall immediately proceed with
l. Prohibited publication of acts referred to in course of official proceedings under
the arraignment and the pre-trial. The schedule of the trial dates, for both the
Art. 357, RPC.
prosecution and the accused, shall be continuous and within the periods provided in
m. Grave Slander (Grave Oral Defamation)- of serious and insulting nature under Art.
the Regular Rules/Special Rules. The trial dates may be shortened depending on the
358, par. 1, RPC.
number of witnesses to be presented.From the time of the arraignment and pre-trial,
n. Simple Slander ( Oral Defamation)- not of a serious and insulting nature under Art.
it shall be set for trial within thirty (30) days. Trial on the merits shall be conducted
358, RPC.
for a period of six (6) months only and promulgation of judgment is set within ninety
o. Grave Slander by Deed- of a serious nature under Art. 359, par. 1, RPC.
(90) days from submission of the case for decision for regular rules.
p. Simple Slander by Deed- not of a serious nature under Art. 359, par. 2, RPC.
q. Incriminating innocent person under Art. 363, RPC.
For drug cases, trial shall be finished not later than sixty (60) days from filing of the r. Intriguing against honour under Art. 364, RPC.
information. Decision shall be rendered within fifteen (15) days from submission of s. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the liability may
case for decision. be civil in nature.
t. Criminal negligence under Title 14, RPC, where the liability may be civil in nature,
For environmental cases, from arraignment and pre-trial, it shall be set for hearing and
within thirty (30) days. Trial on the merits shall be conducted for a period of three (3) u. Intellectual property rights cases where the liability may be civil in nature.
months then filing of memoranda is within thirty (30) days and the decision shall be
rendered within sixty (60) days from the last day to file memoranda. Disposition 18. The referral of the case for mediation shall be made only after the arraignment
period shall be within ten (10) months from date of arraignment. and the pre-trial/preliminary conference. The mediation shall be terminated within
a non-extendible period of thirty (30) calendar days. Except those case mentioned
For intellectual property right cases, from arraignment and pre-trial, it shall be set for above, criminal cases under the Rule on Summary Procedure shall not be referred to
hearing within thirty (30) days. Trial on the merits shall be conducted for a period of mediation.
sixty (60) days then filing of memoranda is within thirty (30) days and the judgment
shall be rendered within ninety (90) days from submission of case for decision.
19. Petition for bail filed after the filing of the information shall be set for summary 25. The offer of evidence, the comment/objection thereto, and the court ruling
hearing after arraignment and pre-trial. It shall be heard and resolved within a non- thereto shall be made orally in open court on the same day after the presentation of
extendible period of thirty (30) days from the date of the first hearing, except in drug the last witness either for the prosecution or for the defence. The court shall ensure
cases which shall be heard and resolved within twenty (20) calendar days. The that the offered evidence are submitted to court on the same day it is offered.
accused need not present evidence to rebut the prosecution’s evidence. Motion for
reconsideration on the resolution of petition for bail shall be resolved within a non- 26. The court shall inquire from the accused his/her desire to move for leave of court
extendible period of ten (10) calendar days from date of submission of the motion. to file demurrer to evidence or to proceed in presenting his/her evidence. If the
accused orally moves for leave of court to file a demurrer to evidence, the court shall
20. For First Level Courts, in all criminal cases, including those covered by the Rule on orally resolve the same. If the motion for leave is denied, the court shall issue an
Summary Procedure , the testimonies of witnesses shall consist of the duly order for the accused to present and terminate his/her evidence on the dates
subscribed written statements given to law enforcement officers or the affidavits or previously agreed upon, and to orally offer and rest his/her case on the day his/her
counter-affidavits submitted before the investigating prosecutor and if such are not last witness is presented. If accused insists on filing the demurrer to evidence without
available, testimonies shall be in the form of judicial affidavits. The trial prosecutor leave, the previously scheduled dates for the accused to present evidence shall be
may opt to dispense with the sworn statements submitted to the law enforcement cancelled. The demurrer shall be resolved by the court within a non-extendible
officers and instead prepare judicial affidavits or modify or revise the said sworn period of thirty (30) calendar days from the date of the filing of the comment or lapse
statements. of the ten (10)-day period to comment.

21. For Second Level Courts, Sandiganbayan and Court of Tax Appeals, where the If the motion for leave of court to file demurrer to evidence is granted, and the
demeanor of the witnesses is not essential, like the forensic chemist, medico-legal demurrer to evidence is denied, the accused shall likewise present and terminate
officers, investigators, auditors, accountants, engineers, custodians, expert witnesses his/her evidence, one day apart, morning and afternoon and shall orally offer and
and other similar witnesses, who will testify on the authenticity, due execution and rest his/her case on the day his/her last witness is presented.
the contents of public documents and reports, and in criminal cases that are
transactional in character, such as falsification, malversation, estafa or other crimes 27. The court shall strictly adhere to the rule that a witness has to be fully examined
where the culpability or innocence of the accused can be established through in one (1) day.
documents, the testimonies of the witnesses shall be the duly subscribed written
statements given to law enforcement officers or the affidavits or counter-affidavits
28. The submission of memoranda is discretionary on the part of the court which in
submitted before the investigating prosecutor, and if such are not available,
no case shall exceed twenty-five (25) pages in length, single-spaced, on legal size
testimonies shall be in the form of judicial affidavits.
paper, using size 14 font. Its filing is non-extendible and shall not suspend the running
of the period of promulgation of the decision.
22. During the pre-trial/preliminary conference, the court shall require the parties to
stipulate on the testimonies of witnesses who have no personal knowledge of the
29. Judges who conducted the trial and heard the testimonies of witnesses shall
material facts constituting the crimes, such as, forensic chemists, medico-legal
submit the case for decision even if the transcript of stenographic notes are
officers, investigators, auditors, accountants, engineers, custodians, expert witnesses
incomplete or missing. If the case was heard completely by another judge, not the
and other similar witnesses, who will testify on the authenticity, due execution and
judge tasked to write the decision, the latter shall direct the stenographers
the contents of public documents and reports; corroborative witnesses; and those
concerned to submit the complete transcripts within the period of thirty (30)
who will testify on the civil liability. This is without prejudice to additional direct and
calendar days from date of his/her assumption to office.
cross examination questions.

30. The judge shall announce in open court and include in the order submitting the
23. The court shall encourage the accused and the prosecution to avail of Secs. 12
case for decision, the date of the promulgation of its decision which shall not be more
and 13 and 15, Rule 119 of the Rules of Court15.
than ninety (90) calendar days from the date the case is submitted for decision,
except when the case is covered by special Rules and other laws which provide for a
24. In the absence of the counsel de parte, the hearing shall proceed upon shorter period.
appointment by the court of a counsel de officio.
31. A motion for reconsideration of judgment of conviction or motion for new trial
under Rule 121 filed within the reglementary period of fifteen (15) days from
promulgation shall be resolved within a non-extendible period of ten (10) calendar
days from the submission of the comment of the prosecution or even in the absence
of comment.

32. The physical inventory of cases and preparation of the semestral report 16 shall
not suspend court hearings.

33. All courts covered by the Revised Guidelines shall accomplish and submit a
periodic report of data in a form to be generated and distributed by the Committee.

34. Non-compliance with the Revised Guidelines, including failure to observe the
timelines and deadlines herein provided, is a ground for disciplinary action.