Question & AnswerQ&A (Republic Act No. 8493)
Republic Act No. 8493 is officially known as the "Speedy Trial Act of 1998."
The Act covers the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, and Municipal Circuit Trial Court.
The pre-trial conference considers plea bargaining, stipulation of facts, marking of evidence for identification, waiver of objections to admissibility of evidence, and other matters promoting a fair and expeditious trial.
All agreements or admissions made during the pre-trial conference must be reduced to writing and signed by the accused and counsel, and are subject to court approval to be valid and used as evidence.
The pre-trial justice or judge may impose proper sanctions or penalties upon such failure to appear without an acceptable excuse.
The entire trial period shall not exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Chief Justice of the Supreme Court.
Arraignment must be held within thirty (30) days from the filing of the information or from the date the accused appears before the court, whichever is later.
Trial must commence within thirty (30) days from arraignment after the accused enters a plea of not guilty.
Exclusions include delays from mental or physical examinations, interlocutory appeals, pre-trial motion hearings, orders of inhibition, valid prejudicial questions, absence or unavailability of the accused or essential witnesses, continuances granted for just causes, among others.
The court must find that the continuance would prevent a miscarriage of justice, that the case is unusually complex, or that denial would make continuation impossible, and such continuance cannot be granted for calendar congestion or lack of preparation.
The public attorney must promptly obtain the presence of the prisoner for trial, serve notice to the custodian to inform the prisoner of the right to demand trial, and ensure the prisoner is made available for trial when requested.
The accused may file a motion to dismiss the information. If granted, the information shall be dismissed, considering factors such as seriousness of the offense and impact on justice administration.
Penalties include fines up to 50% of compensation for private counsel, fines up to P10,000 for public prosecutors or appointed counsel, and suspension of the right to practice before the court for up to 30 days.
No, the Act does not bar any claim of denial of the right to a speedy trial under Article III, Section 14(2) of the 1987 Constitution.
The Act takes effect fifteen (15) days after publication except Section 7, which becomes effective after the third twelve-month period following the Act's effectivity, as provided in Section 9.