Revised Guidelines on Continuous Trial

(A.M. No. 15-06-10-SC)

I. Applicability
 1. To all newly-filed criminal cases, including those governed by Special Laws and Rules, in
the First and Second level courts, Sandiganbayan and the Court of Tax Appeals.
o Comprehensive Dangerous Drugs Act;
o Cybercrime Prevention Act;
o Rules of Procedure for Environmental Cases;
o Rules of Procedure for Intellectual Property Cases;
o Criminal Cases cognizable by Family Courts and Commercial Courts

 2. To pending criminal cases with respect to the remainder of the proceedings.

 Unless otherwise specifically provided herein, the Revised Guidelines shall not apply to
criminal cases filed under the Rule on Summary Procedure.

 Is there a possibility that the implementation of the “Guidelines” will be suspended?

o NO! While the Supreme Court can suspend or even disregard the Rules of Procedure
which are mere tools designed to facilitate the administration of justice, the Court
cannot suspend the effectivity and implementation of the substantive of the substantive
laws on speedy trial and continuous trial of criminal cases, which are entitled to
presumption of legality or constitutionality (A.M.No. 18-03-09-SC, June 26, 2018).

II. Procedure
 Hearing days and calendar call
o Trial be held:
 Monday to Thursday (8:30 am to 2:00 pm)
o Hearing on motions, arraignment, and pre-trial, and promulgation of decisions:
 Morning of Fridays

 Motions
o 1. Motion for inhibitions
 Shall be resolved immediately or within 2 calendar days from date of their filing.

o 2. Prohibited Motions
 Denied outright before the scheduled arraignment without need of comment
and/or opposition.

 The following are the prohibited motions:

o A. Motion for judicial determination of probable cause;

 Mendoza v. People
 The judge has three options upon the filing of the
information:
o A. Dismiss the case if evidence on record
clearly establish probable cause.
 o B. Issue warrant of arrest if it finds probable
cause
o C. Order the prosecutor to present additional
evidence in case of doubt as to the existence of
probable cause.

 People v. Romy Lim

 In the sworn statements or affidavits, the
apprehending or seizing officers must state their
compliance with the requirements of Section 21 (1) of
R.A. No. 9165, as amended, and its IRR.
 In case of non-observance of the provision, the
apprehending/seizing officers must state the
justification or explanation therefor as well as the
steps they have taken in order to preserve the
integrity and evidentiary value of the
seized/confiscated items.
 If there is no justification or explanation expressly
declared in the sworn statements or affidavits, the
investigating fiscal must not immediately file the case
before the court. Instead, he or she must refer the case
for further preliminary investigation in order to
determine the (non) existence of probable cause.
 If the investigating fiscal filed the case despite such
absence, the court may exercise its discretion to either
refuse to issue a commitment order (or warrant of
arrest) or dismiss the case outright for lack of
probable cause in accordance with Section 5,40 Rule
112, Rules of Court.

o B. Motion for preliminary investigation filed beyond the 5-day

reglementary period in inquest proceedings, or when PI is
required, or allowed in inquest proceedings and the accused failed
to participate in the PI despite due notice.

 Does the private complainant have the right to ask for

preliminary or reinvestigation after the information is filed?
 No, in Leviste v. Almeda, the SC ruled that the
private complainant in a criminal case is merely a
witness and not a party to the case and cannot, by
himself, ask for the reinvestigation of the case after
the information had been filed in court, the proper
party for that being the public prosecutor who has the
control of the prosecution of the case.
o C. Motion for reinvestigation of the prosecutor recommending the
filing of information once the information has been filed before the
court:
 If the motion is filed without prior leave of court;
 When PI is not required; and
  When PI is required and has been actually conducted, and
the grounds relied upon in the motion are not meritorious.

o D. Motion to quash information when the ground is not those

stated in Sec. 3 Rule 117.

 Section 3. Grounds. — The accused may move to quash the

complaint or information on any of the following grounds:
 (a) That the facts charged do not constitute an offense;
 (b) That the court trying the case has no jurisdiction
over the offense charged;
 (c) That the court trying the case has no jurisdiction
over the person of the accused;
 (d) That the officer who filed the information had no
authority to do so;
 (e) That it does not conform substantially to the
prescribed form;
 (f) That more than one offense is charged except when
a single punishment for various offenses is prescribed by
law;
 (g) That the criminal action or liability has been
extinguished;
 (h) That it contains averments which, if true, would
constitute a legal excuse or justification; and
 (i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against him
was dismissed or otherwise terminated without his express
consent. (3a)

o E. Motion for bill of particulars that does not conform to Sec. 9,

Rule 116.

 Section 9. Bill of particulars. — The accused may, before

arraignment, move for a bill of particulars to enable him properly
to plead and to prepare for trial. The motion shall specify the
alleged defects of the complaint or information and the details
desired.

o F. Motion to suspend arraignment based on the grounds not stated

under Sec. 11, Rule 116.

 Section 11. Suspension of arraignment. — Upon motion by the

proper party, the arraignment shall be suspended in the following
cases:
 (a) The accused appears to be suffering from an
unsound mental condition which effective renders him
unable to fully understand the charge against him and to
plead intelligently thereto. In such case, the court shall
 order his mental examination and, if necessary, his
confinement for such purpose;
 (b) There exists a prejudicial question; and
 (c) A petition for review of the resolution of the
prosecutor is pending at either the Department of Justice,
or the Office of the President; provided, that the period of
suspension shall not exceed sixty (60) days counted from
the filing of the petition with the reviewing office.

o G. Petition to Suspend the criminal action on the grounds of

prejudicial questions, when no civil case has been filed, pursuant to
Sec. 7, Rule 111.

 Section 7. Elements of prejudicial question. — The elements of

a prejudicial question are:
 (a) the previously instituted civil action involves an issue
similar or intimately related to the issue raised in the
subsequent criminal action, and
 (b) the resolution of such issue determines whether or not
the criminal action may proceed. (5a)
o 3. Meritorious Motions
 A. Motion to withdraw information or to downgrade the charge in the original
information, or to exclude an accused originally charged therein, filed by the
prosecution as a result of a reinvestigation, reconsideration, and review;

 The motion to withdraw is subject to the discretion of the court. If the

court grants it, it must have an independent assessment of the case and
must not rely on the recommendation of the prosecution (Heirs of Jane
Honrales vs. Honrales, 629 SCRA 423).

 B. Motion to quash warrant of arrest;

 C. Motion to suspend arraignment on the grounds of an unsound mental

condition and prejudicial question;

 D. Motion to quash information on the grounds that the facts charged do not
constitute an offense, lack of jurisdiction, extinction of criminal action or liability,
or double jeopardy.

 E. Motion to discharge accused as a state witness under Rule 119 Sec. 17;

 (a) There is absolute necessity for the testimony of the accused whose discharge is
requested;
 (b)The is no other direct evidence available for the proper prosecution of the
offense committed, except the testimony of said accused;
 (c) The testimony of said accused can be substantially corroborated in its material
points;
 (d) Said accused does not appear to be the most guilty; and
  (e) Said accused has not at any time been convicted of any offense involving
moral turpitude.

 F. Motion to quash search warrant under Sec. 14, Rule 126, or motion to suppress
evidence;

 Section 14. Motion to quash a search warrant or to suppress evidence; where

to file. — A motion to quash a search warrant and/or to suppress evidence
obtained thereby may be filed in and acted upon only by the court where the
action has been instituted. If no criminal action has been instituted, the motion
may be filed in and resolved by the court that issued the search warrant.
However, if such court failed to resolve the motion and a criminal case is
subsequent filed in another court, the motion shall be resolved by the latter court.
(n)

 G. Motion for postponement

 This is a prohibited motion, unless it is based on the following:

o Acts of God;
o Force majeure;
o Physical inability of the witness to appear and testify.

 If the motion is granted, the moving party is warned that the presentation
of its evidence must still be finished on the dates previously agreed upon.

 H. Motion to dismiss on the ground that the criminal case is SLAPP (Strategic
Law Suit against Public Participation)

 Comment of the adverse party as to the motion

 It must be filed within a non-extendible period of 10 calendar days from
notice/receipt of the order of the court to file the same.

 Period for the court to resolve the motion

 10 calendar days from the expiration of the 10-day period, with or without
a comment.

 Hearing on the motion

 Only discretionary in nature.

 Motion for reconsideration of the resolution of a meritorious motion

 It is allowed and must be filed within 5 days from receipt of the
resolution.
o Comment on the MR shall be filed within 5 days from receipt of the
MR.

o 3. Free Legal Assistance

 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 possible appointment as counsel de officio in such cases.
o 4. Private Prosecutor
 Where only the civil liability is being prosecuted, the head of the prosecution
office may issue a written authority to a private prosecutor who may prosecute
in the absence of the public prosecutor.

o 5. Consolidation of cases
 Consolidation of cases may be done even before raffling provided a motion for
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 the office of the prosecutor over an incident involving the same
subject matter as 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 from the office of the prosecutor that accompanies its
filing in court. The proceedings already had in the old case may be adopted.

o 6. Archiving of cases
 A criminal case shall be archived only if, after the issuance of the warrant of
arrest, the accused remains at large for six (6) months from the delivery of the
warrant to the proper peace officer.

 Such case may likewise be archived when proceedings therein are ordered
suspended for an indefinite period because:
 a.) the accused appears to be suffering from an unsound mental condition,
 b.) a valid prejudicial question in a civil action is invoked during the
pendency of the criminal case,
 c.) an interlocutory order or incident in the criminal case is elevated to a
higher court which issued a TRO or writ of preliminary injunction,
 d.) when the accused has jumped bail before arraignment and cannot be
arrested by the bondsman.

o 7. Revival of Provisionally Dismissed cases

 Section 8. Provisional dismissal. — A case shall not be provisionally dismissed
except with the express consent of the accused and with notice to the offended party.

The provisional dismissal of offenses punishable by imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall become permanent one (1) year after
issuance of the order without the case having been revived. With respect to offenses
punishable by imprisonment of more than six (6) years, their provisional dismissal shall
become permanent two (2) years after issuance of the order without the case having been
revived. (n)

 Withdrawal of information is not time-barred by the law on provisional

dismissal under Section 8, Rule 117.
 In the case at bar, a motion to withdraw informationwas filed and not a
motion to dismiss. Hence, Baares II v. Balising would not apply. Unlike
a motion to dismiss, a motion to withdraw information is not time-
barred and does not fall within the ambit of Section 8, Rule 117 of the
 Revised Rules of Criminal Procedure (Torres, Jr., vs. Aguinaldo, 461
SCRA 599).

o 8. Arraignment and Pre-trial

 Arraignment and Pre-trial shall be set within ten (10) calendar days from date of
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.

 Notice of arraignment and pre-trial shall be sent to the accused, his/her counsel,
private complainant or complaining law enforcement agent, public prosecutor,
and witnesses whose names appear in the information for purposes of plea-
bargaining, arraignment and pre-trial.

 In multiple cases, the court, upon personal examination of the accused may allow
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 in both the minutes/certificate of arraignment and the order of
arraignment.

 Plea bargaining except in drug cases shall immediately proceed, provided the
private offended part in private crimes, or the arresting officer in victimless
crimes, is present to give his/her consent with the conformity of the public
prosecutor. Thereafter, judgment shall immediately be rendered in the same
proceedings.

 The SC declared unconstitutional sec 23 of RA 9165 which reads: SEC 23.

Plea-Bargaining Provision. - Any person charged under any provision of
this Act regardless of the imposable penalty shall not be allowed to avail
of the provision on plea-bargaining.

 Adoption of Plea Bargaining Framework in Drug Cases is allowed in

Sections 5, 11, 12 and 14, Article 2 of RA9165, depending on the quantity
of illegal drugs.

 If the accused pleads guilty to the crime charged in the information, judgment
shall be immediately rendered, except in those cases involving capital
punishment.

 If no plea bargaining or plea of guilty, the court shall immediately proceed with
the arraignment and the pre-trial.

 Periods:
 I. Regular rules:
o The trial dates may be shortened depending on the number of
witnesses to be presented.
o From the time of the arraignment and pre-trial, it shall be set for
trial within thirty (30) days.
 o Trial on the merits shall be conducted for a period of six (6) months
only
o Promulgation of judgment is set within ninety (90) days from
submission of the case for decision for regular rules.

 II. For drug cases:

o Trial shall be finished not later than sixty (60) days from filing of
the information.
o Decision shall be rendered within fifteen (15) days from submission
of case for decision.

 III. For environmental cases:

o From arraignment and pre-trial, it shall be set for hearing within
thirty (30) days.
o Trial on the merits shall be conducted for a period of three (3)
months
o Filing of memoranda is within thirty (30) days
o Decision shall be rendered within sixty (60) days from the last day
to file memoranda.
o Disposition of the case shall be within ten (10) months from date of
arraignment.

 IV. For intellectual property right cases:

o From arraignment and pre-trial, it shall be set for hearing within
thirty (30) days.
o Trial on the merits shall be conducted for a period of sixty (60) days
o Filing of memoranda is within thirty (30) days
o Judgment shall be rendered within ninety (90) days from
submission of case for decision.

 Pre-trial shall proceed even in the absence of parties provided, they were notified
and the counsel for the accused and the public prosecutor are present. Proposals
for stipulations shall be done with the active participation of the court itself and
shall not be left alone to the counsels. The documentary evidence for both shall
be marked. The pre-trial order shall immediately be served upon the parties and
counsel on the same day after the termination of the pre-trial. Courts must
strictly comply with the rules.

 SECTION 2. Pre-trial Agreement. — All agreements or admissions made

or entered during the pre-trial conference shall be reduced in writing and
signed by the accused and counsel, otherwise, they cannot be used against
the accused.

 People V. Uy
o The SC held that even granting for the sake of argument that
accused admitted during the pre-trial the exhibits against him, said
admission cannot be used in evidence against him because the Joint
Order was not signed by the parties.
 o To bind the accused, the pre-trial order must be signed not only by
him but his counsel as well.

o 9. Mediation
 The following cases shall be referred to mediation on the civil liability:
 a. B.P Blg 22.
 b. SSS Law13.
 c. Pag-Ibig Law.14
 d. Theft under Art. 308, RPC.
 e. Estafa under Art. 315(1), RPC, except estafa under Art. 315 (2) and (3).
 f. Other forms of swindling under Art. 316, RPC.
 g. Swindling of a minor under Art. 317, RPC.
 h. Other deceits under Art. 318, RPC.
 i. Malicious Mischief under Art. 327, RPC.
 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.
 l. Prohibited publication of acts referred to in course of official
proceedings under Art. 357, RPC.
 m. Grave Slander (Grave Oral Defamation)- of serious and insulting
nature under Art. 358, par. 1, RPC.
 n. Simple Slander ( Oral Defamation)- not of a serious and insulting nature
under Art. 358, RPC.
 o. Grave Slander by Deed- of a serious nature under Art. 359, par. 1, RPC.
 p. Simple Slander by Deed- not of a serious nature under Art. 359, par. 2,
RPC.
 q. Incriminating innocent person under Art. 363, RPC.
 r. Intriguing against honour under Art. 364, RPC.
 s. Libel under R.A. 10175 (Cybercrime Prevention Act of 2012) where the
liability may be civil in nature.
 t. Criminal negligence under Title 14, RPC, where the liability may be civil
in nature, and
 u. Intellectual property rights cases where the liability may be civil in
nature.

 The referral of the case for mediation to the Philippine Mediation Center shall be
made only after the 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 above, criminal cases under the Rule
on Summary Procedure shall not be referred to mediation.
 After the lapse of the mediation period or if mediation fails, trial shall
proceed.

o 10. Bail
 Petition for bail filed after the filing of the information shall be set for summary
hearing after arraignment and pre-trial. It shall be heard and resolved within a
non-extendible period of thirty (30) days from the date of the first hearing, except
in drug cases which shall be heard and resolved within twenty (20) calendar
 days. The 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-extendible period of ten (10) calendar days from date of submission
of the motion.

 The resolution of petition for bail shall be based solely on the evidence presented
during the bail proceedings by the prosecution establishing that the evidence of
guilt is strong.

 The court shall not suspend the presentation of the evidence in chief while
awaiting resolution of the petition for bail or the motion for reconsideration.

o 11. Form of Testimony

 I. For First Level Courts, in all criminal cases, including those covered by the
Rule on Summary Procedure , the testimonies of witnesses shall consist of the
duly subscribed written statements given to law enforcement officers or the
affidavits or counter-affidavits submitted before the investigating prosecutor and
if such are not available, testimonies shall be in the form of judicial affidavits.
The trial prosecutor may opt to dispense with the sworn statements submitted to
the law enforcement officers and instead prepare judicial affidavits or modify or
revise the said sworn statements.

 II. For Second Level Courts, Sandiganbayan and Court of Tax Appeals:
 where the demeanor of the witnesses is not essential, like the forensic
chemist, medico-legal officers, investigators, auditors, accountants,
engineers, custodians, expert witnesses and other similar witnesses, who
will testify on the authenticity, due execution and the contents of public
documents and reports, and in criminal cases that are transactional in
character, such as falsification, malversation, estafa or other crimes where
the culpability or innocence of the accused can be established through
documents, the testimonies of the witnesses shall be the duly subscribed
written statements given to law enforcement officers or the affidavits or
counter-affidavits submitted before the investigating prosecutor, and if
such are not available, testimonies shall be in the form of judicial
affidavits.
 If the culpability or the innocence of the accused is based on the
testimonies of the alleged eyewitnesses, the testimonies of these witnesses
shall be in oral form.
o 12. Trial
 The court shall encourage the accused and the prosecution to avail of Secs. 12
and 13 and 15, Rule 119 of the Rules of Court.

 Section 12. Application for examination of witness for accused before trial. —
When the accused has been held to answer for an offense, he may, upon motion
with notice to the other parties, have witnesses conditionally examined in his
behalf. The motion shall state: (a) the name and residence of the witness; (b) the
substance of his testimony; and (c) that the witness is sick or infirm as to afford
reasonable ground for believing that he will not be able to attend the trial, or
 resides more than one hundred (100) kilometers from the place of trial and has no
means to attend the same, or that other similar circumstances exist that would
make him unavailable or prevent him from attending the trial. The motion shall
be supported by an affidavit of the accused and such other evidence as the court
may require. (4a)

 Section 13. Examination of defense witness; how made. — If the court is

satisfied that the examination of a witness for the accused is necessary, an order
will be made directing that the witness be examined at a specified date, time and
place and that a copy of the order be served on the prosecutor at least three (3)
days before the scheduled examination. The examination shall be taken before a
judge, or, if not practicable, a member of the Bar in good standing so designated
by the judge in the order, or if the order be made by a court of superior
jurisdiction, before an inferior court to be designated therein. The examination
shall proceed notwithstanding the absence of the prosecutor provided he was duly
notified of the hearing. A written record of the testimony shall be taken. (5a)

 Section 15. Examination of witness for the prosecution. — When it

satisfactorily appears that a witness for the prosecution is too sick or infirm to
appear at the trial as directed by the order of the court, or has to leave the
Philippines with no definite date of returning, he may forthwith be conditionally
examined before the court where the case is pending. Such examination, in the
presence of the accused, or in his absence after reasonable notice to attend the
examination has been served on him, shall be conducted in the same manner as an
examination at the trial. 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.
 Offer of evidence
 The offer of evidence, the comment/objection thereto, and the court ruling
thereto shall be made orally in open court on the same day after the
presentation of the last witness either for the prosecution or for the
defense. The court shall ensure that the offered evidence are submitted to
court on the same day it is offered.
 Demurrer to evidence
 The court shall inquire from the accused his/her desire to move for leave
of court 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 orally resolve the same.
 If the motion for leave is denied, the court shall issue an order for the
accused to present and terminate his/her evidence on the dates
previously agreed upon, and to orally offer and rest his/her case on the
day his/her last witness is presented.
 If accused insists on filing the demurrer to evidence without leave, the
previously scheduled dates for the accused to present evidence shall be
cancelled.
 The demurrer shall be resolved by the court within a non-extendible
period of thirty (30) calendar days from the date of the filing of the
comment or lapse of the ten (10)-day period to comment.
  One-day examination of witness rule
 The court shall strictly adhere to the rule that a witness has to be fully
examined in one day.
o 13. Memoranda
 The submission of memoranda is discretionary on the part of the court which in
no case shall exceed twenty-five (25) pages in length.
 The period to submit memoranda shall be non-extendible and shall not suspend
the running of the period of promulgation of the decision, thus, with or without
memoranda, the promulgation shall push through as scheduled.
o 14. Lack of Stenographic Notes
 Judges who conducted the trial and heard the testimonies of witnesses shall
submit the case for decision even if the transcript of stenographic notes are
incomplete or missing. If the case was heard completely by another judge, not
the judge tasked to write the decision, the latter shall direct the stenographers
concerned to submit the complete transcripts within the period of thirty (30)
calendar days from date of his/her assumption to office.
o 15. Promulgation
 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.

The Rule on Cybercrime Warrants

(A.M. No. 17-11-03-SC)

 Who can issue cybercrime warrants?

o Cybercrime courts, which are also the special commercial courts under the Regional
Trial Courts.

 Jurisdiction over the Cybercrime Offenses

o Cybercrime court where:
 1. Cybercrime offense was committed;
 2. Where the computer system is situated;
 3. The place were the damage was caused.

 Who can file cybercrime warrants?

o Law enforcement authorities before any of the designated Cybercrime courts.

 Where can the cybercrime warrant be enforced?

o Within and outside the Philippines

 How long are Cybercrime warrants valid?

o Ten (10) days from issuance, with the option of extending another ten (10) days.

 What are other requirements before the Cybercrime warrant is issued?

 o Personal examination by the judge in the form of searching questions, written and
under oath.

 What are the contents in an application of a Cybercrime warrant?

o Probable offense involved
o Relevance and necessity of the data being obtained Name of individuals or entities
involved
o Particular description of the data sought to be obtained
o Place where information is to enforced
o How disclosure/interception/seizure/search/examination of data is to be carried out
 Other relevant information

 What are the types of Cybercrime warrants?

o 1. Preservation Warrant
 A warrant usually issued for law enforcement authorities ordering a provider to
preserve data while law enforcement works to obtain a disclosure warrant.
 This does not allow law enforcement to view the data but merely to order the
provider to hold on to the data of the subscriber.
 Preserve data for a minimum period of six (6) months and further six (6) months
from date of receipt of the order from law enforcement authorities.
 The provider shall keep the order and its compliance confidential. Thus, it must
not disclose to the subscriber regarding a preservation order issued.

o 2. Disclosure Warrant
 A warrant issued for disclosing the data of a subscriber, including all network
traffic and data related.
 The service provider have to comply with the disclosure warrant within 72
hours.
 The law enforcements are allowed to keep copies of the data obtained from the
disclosure warrant provided that they keep the details and contents of the data
strictly confidential for purposes of investigation.

o 3. Interception Warrant
 Warrant issued to law enforcement, enabling them to conduct activities such as
listening, recording, monitoring and surveillance of data through the use of
electronic tapping or interception of computer data pertaining to the accused.
 The law enforcement need not disclose to the accused the interception, unless if
no return has been filed by the law enforcement agent to the court. In case of no
return filed, the accused shall be informed of all interception activities conducted
pertaining to his person and his data.

o 4. Search, Seizure and Examination Warrant

 The accused can seek return of the seized and searched items and data provided
that forensic image which is a copy of the entire data structure of an item has
been made by law enforcement.
 Interception of communications and data may be done even in a search, seizure
and examination warrant provided that such interception is reasonably related to
the data being seized, searched or examined.
  The examination of data may be conducted by law enforcement upon the
discretion of the court, provided it shall not extend for more than 30 days.

o 5. Examination Warrant for Lawfully Obtained Data

 Is a warrant issued when an item has been seized through lawful warrantless
arrest by law enforcement for the purpose of forensic examination of data.

o 6. Destruction Warrant
 Allows law enforcement to partially or completely destroy data subject to
preservation and examination.
 The court may order the return of the data subject for destruction if no
preliminary investigation or case is instituted after 31 days from deposit, or if
upon lack of probable cause.
 The court shall ask for the retained copy from law enforcement and in the
presence of the Clerk of Court, the accused and his counsel, destroy the data
through shredding, drilling of four holes on the device, prying the platters or
other methods accepted by international standards of data destruction.

Judicial Affidavit Rule

(A.M. No. 12-8-8-SC)

 Scope
o Applies to all actions, proceedings, and incidents requiring the reception of evidence
before:
 MTC but shall not apply to small claims cases;
 RTC and Shari’a District Courts;
 SB, CTA, CA and Shari’a Appellate Courts;
 Investigating officers and bodies authorized by the SC to receive evidence,
including IBP;
 Special courts and quasi-judicial bodies
 Submission of JA and Exhibits in lieu of direct testimonies
o Parties shall file with the court and serve on the adverse party, personally or by licensed
courier service, not later than 5 days before pre-trial or preliminary conference or
scheduled hearing, the following:
 1. JA of their witnesses;
 2. Parties documentary or object evidence which shall be attached to the JA and
marked as exhibits A,B,C etc for complainant and numbers for defendants;
 Contents of JA
o It must be prepared in language known to witness, and must contain the following:
 1. Name, age, residence or business address, and occupation of the witness;
 2. The name and address of the lawyer who conducts or supervises the
examination of the witness and place where the examination is being held;
 3. A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability for
false testimony or perjury;
  4. Questions asked of the witness and his corresponding answers, consecutively
numbered, that:
 A. Show the circumstances under which the witness acquired the facts
upon which he testifies;
 B. Elicit from him those facts which are relevant to the issues that the case
presents; and
 C. Identify the evidences attached and establish their authenticity.
 5. Signature of the witness over his printed name;
 6. A jurat with the signature of the notary public who administers the oath or an
officer who is authorized by law to administer the same.
 Sworn attestation of the lawyer
o Executed by the lawyer who conducted or supervised the examination of the witness, to
the effect that:
 1. He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
 2. Neither he nor any other person then present or assisting him coached the
witness regarding the latter’s answers.
 Offer and objections to testimony in JA
o The presenting party shall state the purpose of such testimony at the start of the
presentation of the witness.
o The adverse party may move to disqualify the witness or to strike out his affidavit or
any of the answers found in it ground of inadmissibility.
 Examination of the witness on his JA
o The adverse party shall have the right to cross-examine the witness on his JA and on the
exhibits attached.
o The court shall take active part in examining the witness to determine his credibility as
well as the truth of his testimony and to elicit the answers that needs for resolving the
issues.
 Oral offer and objections to exhibits
o Upon the termination of his last witness, a party shall immediately make an oral offer of
evidence of his documentary or object exhibits.
 Application of to criminal cases
o Criminal actions:
 1. Where the maximum of the imposable penalty does not exceed 6 years;
 2. Where the accused agrees to the use of judicial affidavits, irrespective of the
penalty involved;
 3. With respect to the civil aspect of the actions, whatever the penalties involved
are.
o The prosecution shall submit the JA of its witnesses not later than 5 days before the pre-
trial, serving copies of the same upon the accused, attaching the documentary or object
evidence. No further JA, documentary or object evidence shall be admitted at trial.

o If the accused desires to be heard on his defense after receipt of the JA of the
prosecution, he shall have the option to submit his JA as well as those of his witnesses
to the court within 10 days from receipt of such affidavits and serve a copy of each on
the public and private prosecutor, including its evidences.

 Effect of non-compliance with JA Rule

o A party who fails to submit the required JA and exhibits shall be deemed to have
waived their submission.
o The court may however, allow only once the late submission of the same, provided:
 A. the delay was for valid reason
 B. Not unduly prejudice the opposing party;
 C. Defaulting party pays a fine of not less than 1K nor more than 5k, at court’s
discretion.
o The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required.
o Counsel who fails to appear without a valid case despite notice shall be deemed to have
waived his client’s right to confront by cross-examination the witnesses there present.
o The court shall not admit as evidence JAs that do not conform as to the content
requirements and the attestation requirement.
 Except, the court may however, allow only once the subsequent submission of
the compliant replacement affidavits, provided:
 A. the delay was for valid reason
 B. Not unduly prejudice the opposing party;
 C. Defaulting party pays a fine of not less than 1K nor more than 5k, at
court’s discretion.