A.M. No.

15-06-10-SC Revised Guidelines for Continuous Trial of Criminal Cases

OCA CIRCULAR NO. 101-2017

Applicability
1. Newly filed criminal cases
2. Governed by Special Laws and Rules
a. Comprehensive Dangerous Drugs Act 2002
b. Cybercrime Prevention Act 2012
c. Rules of Procedure for Environmental Cases
d. Rules of Procedure for Intellectual Property Rights Cases
e. Criminal Cases cognizable by Family Courts and Commercial Courts
3. Pending criminal cases

Procedure
1. Hearing Days
a. Monday to Thursday
i. 8:30 A.M.
ii. 2:00 P.M.
b. Friday morning (Sec 7, R 15)
i. Motions
ii. Arraignment
iii. Pre-trial
iv. Promulgation of decisions
2. Court calendars must be posted at least 1 day before the scheduled hearing

Motions
3. Motion for Inhibition (R137)
a. Shall be resolved immediately or
b. Within two (2) calendar days from the date of their filing
4. Prohibited Motions – denied outright before scheduled arraignment
without comment and/or opposition
a. Motion for judicial determination of probable cause
b. Motion for preliminary investigation filed beyond the five (5) period
in inquest proceedings (Sec. 6, R112) or when preliminary
investigation is required (Sec. 8, R112), or allowed in inquest
proceedings and the accused failed to participate in the preliminary
investigation
c. Motion for reinvestigation of the prosecutor recommending the filing
of information once the information has been filed before the court
i. If the motion is filed without prior leave of court;
ii. When preliminary investigation is not required under Sec. 8,
R112, and
iii. When the regular PI is required and has actually been
conducted, and the grounds relied upon in the motion are not
meritorious
1. Not meritorious
a. Issues of credibility
b. Admissibility of evidence
c. Innocence of the accused
d. Lack of due process when the accused was
actually notified
iv. Motion to quash information when the ground is not one of
those stated in Sec.3, R117
v. Motion for bill of particulars does not conform with Sec. 9,
R116
vi. Motion to suspend the arraignment not based on grounds
under Sec. 11, R116
vii. Petition to suspend the criminal action on the ground of
prejudicial question, when no civil case has been filed under
Sec. 7, R111

5. Meritorious Motions – motions that allege plausible grounds supported by

relevant documents and/or competent evidence, except those that are
 already covered by the Revised Guidelines, are meritorious motions, such
as:
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
b. Motion to quash warrant of arrest;
c. Motion to suspend arraignment on the ground of an unsound mental
condition under Sec. 11 (a), R116;
d. Motion to suspend proceedings on the ground of a prejudicial
question where a civil case was filed prior to the criminal case under
Sec. 11 (b), R116;
e. Motion to quash information on the grounds that the facts charge do
not constitute an offense, lack of jurisdiction, extinction of criminal
action or liability, or double jeopardy under Sec. 3, par (a), (b), (g),
and (i), R117
f. Motion to discharge accused as a state witness under Sec. 17, R119
g. Motion to quash search warrant under Sec. 14, R126, or motion to
suppress evidence; and
h. Motion to dismiss on the ground that the criminal case is a Strategic
Law Suit Against Public Participation (SLAPP) under R6 of the Rules of
Procedure for Environmental cases

Comment of Adverse Party – NON-EXTENDIBLE PERIOD of 10 calendar days from

notice/receipt of Order of the Court to file the same and the Court shall resolve
the motion within a NON-EXTENDIBLE 10 calendar days from the expiration of the
10 day period, with or without comment.

The Court may set the motion for hearing within 10 calendar days from the
expiration of the 10 day period to file comment, then it shall be submitted for
resolution after the termination of the hearing, and shall be resolved within a
non-extendible period of 10 calendar days thereafter. Reply and memorandum
need not be submitted.
In case of MOTION TO DISCHARGE ACCUSED as state witness (Sec. 17, R119)
where in the prosecution is required to present evidence in support thereof, such
motion shall be submitted for resolution from the termination of the hearing, and
shall be resolved within a period of 10 calendar days thereafter.

The MR of the resolution of a meritorious motion shall be filed within a non-

extendible period of 5 calendar days from receipt of such resolution, and the
adverse party shall also be given 5 calendar days from receipt of the MR within
which to submit its comment. The MR shall be resolved by the court within 5
calendar days from the expiration of the 5 day period to submit comment.

Motions that do not conform to the requirements stated above shall be

considered unmeritorious and shall be denied outright.

6. Motion for postponement – A 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.
a. If granted – the moving party shall be warned that the presentation
of its evidence must still be finished on the dates previously agreed
upon.
b. A motion for postponement, whether written or oral
i. Shall be accompanied by the Original OR from the Office of the
COC evidencing payment of the postponement fee under Sec.
21(b), R141, to be submitted either at the time of the filing of
said motion or not later than the next hearing date.
ii. The COC shall not accept the motion unless accompanied by
the OR.
FREE LEGAL ASSISTANCE
- If the party fails to qualify for the availment of the services of PAO, the IBP
Local Chapter shall provide free legal assistance to said party
 - The IBP Local Chapter shall submit to the Executive Judges a list of IBP-local
lawyers who may be appointed by the courts to act as counsel de officio in
such cases.

PRIVATE PROSECUTOR
- In cases where only the civil liability is being prosecuted by a private
prosecutor, the head of the prosecution office must issue in favor of the
private prosecutor a written authority to try the case even in the absence
of the public prosecutor
CONSOLIDATIONS
- Newly-filed Cases:
o When a newly-filed criminal case involves an offense based on the
same facts or which forms part of a series of offenses of similar
character and the same is accompanied by a motion for consolidation
by the Prosecutor, the Executive Judge shall cause the raffle to one
court. The said court shall then proceed to resolve the motion,
preferably on the date of arraignment and in the presence of accused
and counsel.
- Pending Cases with Multiple Accused:
o When a subsequent criminal case is filed which involves an accused
who has been subjected to further investigation by the Office of the
Prosecution over an incident which has the same subject matter as
the prior information against the different accused, the subsequent
case when accompanied by a motion for consolidation by the
Prosecution shall no longer be raffled. Instead, the subsequent case
shall be directly assigned to the court where the earlier case is
pending
ARCHIVING OF CASES
- A criminal case may be archived only if after the issuance of the warrant of
arrest, the accused remains at large for 6 months from the delivery of the
warrant to the proper peace officer. The Court may likewise, motu proprio
or upon motion by any party, may archive a criminal case when
 proceedings are ordered suspended for an indefinite period of time for the
following reasons:
o The accused appears to be suffering from an unsound mental
condition;
o A valid prejudicial question in a civil action is invoked during the
pendency of the criminal case, unless both cases are consolidated;
o An interlocutory order in the criminal case is elevated to, and is
pending resolution for an indefinite period before a higher court
which has issued a TRO; and
o When the accused has jumped bail before arraignment and cannot
be arrested by the bondsman.
REVIVAL OF PROVISIONALLY DISMISSED CASES
- Offenses punishable by imprisonment not exceeding 6 years or a fine of any
amount or both shall become permanent after the lapse of 1 year of the
order provisionally dismissing the case without the same having been
revived.
- Offenses punishable by imprisonment of more than 6 years shall become
permanent after the lapse of two years after the issuance of the order
without being revived.
ARRAIGNMENT AND PRE-TRIAL
- Schedule and Arraignment:
o After the court has acquired jurisdiction over the accused, the
arraignment shall be set within 10 calendar days from the date of the
court’s receipt of the case
o After the court has acquired jurisdiction over the accused (thru
voluntary surrender or arrest), within 30 calendar days over a non-
detained accused, unless otherwise provided by special law or an
order from the SC
o The arraignment must be set either in the commitment order
(detained accused) or in the order approving bail (in any other case).
- Notice of Arraignment and Pre-Trial
 o The notice of arraignment shall be sent to the following as appearing
in the information, for purposes of plea-bargaining, arraignment, and
pre-trial:
 Accused;
 Counsel of accused;
 Private complainant or complaining law enforcement agent;
 Public prosecutor; and
 Witnesses
- Waiver of Reading of Information
o The court, upon full examination of the accused, may allow a waiver
of the reading of the information upon the full understanding and
express consent of the following, which shall be stated in the
minutes/certificate of arraignment and order of arraignment:
 Counsel; and
 Accused
o The waiver shall be explained to the accused by the court in the
language or dialect known to him
- Arraignment Proper
o Plea Bargaining except in Drug Cases:
 Where the accused desires to enter to plea bargain to a lesser
offense, the same shall immediately proceed provided the
following persons are present to give their consent, with the
conformity of the public prosecutor:
 Private offended party (in private crimes); or
 The arresting officer (victimless crimes)
 Where the above conditions are met, judgment shall be
rendered immediately.
o Plea of Guilty to the Crime Charged in the Information:
 Judgment shall immediately be rendered except in capital
offenses
o No Plea Bargaining or Plea of Guilty:
 The court shall immediately proceed with the arraignment and
pre-trial
o Schedule of trial dates shall be continuous and within the provided
periods under the regular rules/special rules. However, the same
 may be shortened depending on the number of witnesses to be
presented.
FLOW CHART
(Based on the Sample provided in Circular No. 101-2017)
- Regular Rules
o Arraignment within 30 days from the date the court acquires
jurisdiction over the accused;
o Pre-Trial within 30 days from the date the court acquires jurisdiction
over the accused, provided, the same is after arraignment;
o Presentation of the Prosecution’s and Accused’s Evidence shall not
exceed 180 days from the first date of trial
o Promulgation is within 90 days from submission of the case for
resolution
- Special Laws/Rules
o Drugs Cases:
 Trial should be finished not later than 60 days from filing of the
information
 Decision to be rendered within 15 days from submission for
resolution
o Environmental Cases
 Arraignment within 30 days from the date the court acquires
jurisdiction over the accused;
 Pre-Trial within 30 days from the date the court acquires
jurisdiction over the accused, provided, the same is after
arraignment;
 Trial period shall not exceed 3 months
 Submission of Memorandum within 30 days from the end of
trial
 Decision within 60 days from the last day to file Memorandum
o Intellectual Property Rights
 Arraignment within 30 days from the date the court acquires
jurisdiction over the accused;
  Pre-Trial within 30 days from the date the court acquires
jurisdiction over the accused, provided, the same is after
arraignment;
 Parties are given 60 days each to present evidence;
 Submission of Memorandum within 30 days from the end of
trial
 Judgment to be rendered within 90 days from submission of
the case for resolution
o Arraignment and Pre-Trial of Cases Referred to Mediation
 Arraignment within 30 days from the date the court acquires
jurisdiction over the accused;
 Pre-Trial within 30 days from the date the court acquires
jurisdiction over the accused, provided, the same is after
arraignment;
 Mediation proceedings not to exceed 30 days;
 Presentation of the Prosecution’s and Accused’s Evidence shall
not exceed 180 days from the first date of trial
 Judgment to be rendered within 90 days from submission of
the case for resolution

- Arraignment and Preliminary Conference of Mediatable Cases subject to

the Rule on Summary Procedure
o Arraignment and preliminary conference shall be simultaneously held
 If accused pleads guilty – See Plea of Guilty to the Crime
Charged in the Information
 If accused pleads guilty to a lesser offense – See Plea
Bargaining except in Drug Cases
 If accused does not enter a plea of guilty – Proceed with
arraignment and preliminary conference and thereafter, refer
the case for mediation

FLOW CHART
(Based on the Sample provided in Circular No. 101-2017)