Pre-trial agreements and pre-trial sanctions
- Section 3 provides that pre-trial agreements or admissions not reduced to writing and signed by the accused and counsel shall not be used in evidence against the accused.
- Section 3 provides that pre-trial agreements on matters covered by Section 2 require court approval.
- Section 3 limits revisions of the agreement on the plea to a lesser offense: it may be revised, modified, or annulled by the court only when contrary to law, public morals, or public policy.
- Section 4 allows sanctions if counsel for the accused or the prosecutor does not appear at pre-trial and does not offer an acceptable excuse; the pre-trial justice or judge may impose proper sanctions or penalties.
Pre-trial order binding the parties
- Section 5 requires the court, after pre-trial, to issue a pre-trial order reciting: (a) actions taken, (b) facts stipulated, and (c) evidence marked.
- Section 5 makes the pre-trial order binding on the parties.
- Section 5 limits the trial to matters not disposed of and controls the course of action during trial, unless modified by the court to prevent manifest injustice.
Trial time limits: 180/120/80 days
- Section 6 requires that in criminal cases involving a person charged of a crime, the justice or judge set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time to ensure speedy trial.
- Section 6 limits the covered cases to those except those subject to the Rules on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months imprisonment, or a fine of One thousand pesos (P1,000.00) or both (with the instruction that the time rule applies “irrespective of other imposable penalties”).
- Section 6 imposes an overall limit: the entire trial period shall not exceed one hundred eighty (180) days from the first day of trial, unless otherwise authorized by the Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of the Rules of Court.
- Section 9 sets a transitory graduated rule for the period from arraignment to trial after effectivity:
- For the first twelve-calendar month period: one hundred eighty (180) days.
- For the second twelve-month period: one hundred twenty (120) days.
- For the third twelve-month period: eighty (80) days.
Arraignment and commencement deadlines
- Section 7 requires arraignment to be held within thirty (30) days from the filing of the information, or from the date the accused has appeared before the court where the charge is pending, whichever date last occurs.
- Section 7 provides that if the plea of not guilty is entered, the accused must be given at least fifteen (15) days to prepare for trial.
- Section 7 requires that trial commence within thirty (30) days from arraignment, as fixed by the court.
- Section 7 requires that if the accused pleads not guilty, the accused must state whether a negative or affirmative defense is interposed, and it assigns proof burdens:
- A negative defense requires the prosecution to prove guilt beyond reasonable doubt.
- An affirmative defense allows it to modify the order of trial and requires the accused to prove the defense by clear and convincing evidence.
- Section 8 requires retrial after a final new trial order to commence within thirty (30) days from the date the order becomes final, but allows extension only so that the period does not exceed one hundred eighty (180) days from the date the new trial order becomes final when unavailability of witnesses or factors from passage of time make trial within thirty (30) days impractical.
Continuances, exclusions, and excluded delays
- Section 10 excludes from computing the trial commencement deadline the periods of delay caused by other proceedings concerning the accused, including:
- Examination on mental competency or hearing on physical incapacity;
- Trials on charges against the accused;
- Interlocutory appeals;
- Hearings on pre-trial motions, limited so that the delay does not exceed thirty (30) days;
- Orders of inhibition, proceedings on change of venue, or transfer from other courts;
- A finding of valid prejudicial question; and
- Advisement periods reasonably attributable to time actually under advisement, limited to not to exceed thirty (30) days.
- Section 10 excludes periods of delay from absence or unavailability of the accused or an essential witness, defining:
- Absent: whereabouts unknown and attempting to avoid apprehension or prosecution, or whereabouts cannot be determined by due diligence.
- Unavailable: whereabouts known but presence cannot be obtained by due diligence, or the person resists appearing or being returned for trial.
- Section 10 excludes delays when the accused is mentally incompetent or physically unable to stand trial.
- Section 10 excludes time when a prosecution-dismissing event occurs and a subsequent charge is filed for the same offense or an offense required to be joined with that offense: it excludes the period from the date the charge was dismissed to the date the time limitation would commence for the subsequent charge had there been no previous charge.
- Section 10 excludes a reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or whose time for trial has not run and no motion for severance has been granted.
- Section 10 excludes delay from a continuance granted under specified conditions, including one granted motu proprio or on motion/request, but only when the court finds that the ends of justice served by the action outweigh the best interests of the public and the defendant in a speedy trial.
- Section 10 requires a specific record finding for an excludable continuance under the ends-of-justice rule: the court must set forth in the case record, either orally or in writing, its reasons for concluding the ends of justice outweigh the interests in speedy trial.
- Section 11 directs the justice or judge to consider factors for granting continuance under Section 10(f), including:
- Whether denial would likely make continuation impossible or cause a miscarriage of justice; and
- Whether the case as a whole is so novel, unusual, or complex (including number of accused or nature of the prosecution) that adequate preparation within the statutory periods is unreasonable.
- Section 11 prohibits continuance under Section 10(f) due to general congestion of the court calendar or due to lack of diligent preparation or failure to obtain available witnesses by the public prosecutor.
Accused not brought to trial in time
- Section 13 provides that if an accused is not brought to trial within the time limit required by Section 7 as extended by Section 9, the information must be dismissed on motion of the accused.
- Section 13 assigns burdens: the accused must support the motion, while the prosecution must go forward with evidence for exclusion of time under Section 10.
- Section 13 instructs the court, in deciding dismissal with or without prejudice, to consider factors including: seriousness of the offense, facts and circumstances leading to dismissal, and impact of reprosecution on implementation of the Act and administration of justice.
- Section 13 imposes a waiver rule: failure of the accused to move for dismissal prior to trial or entry of a plea of guilty waives the right to dismissal under Section 13.
Public attorney duties for detained accused
- Section 12 requires the public attorney to promptly act when a person charged of a crime is preventively detained because of:
- Charged of a bailable crime with no means to post bail; or
- Charged of a non-bailable crime; or
- Serving a term of imprisonment in any penal institution.
- Section 12 requires the public attorney to undertake to obtain the prisoner’s presence for trial, or cause a notice to be served on the person having custody mandating advice to the prisoner of the right to demand trial.
- Section 12 requires custody personnel, upon receipt of notice, to promptly advise the prisoner of the charge and the right to demand trial.
- Section 12 requires custody personnel, after the prisoner informs custody of the demand for trial, to promptly send notice of that demand to the public attorney, and requires the public attorney to promptly seek to obtain the prisoner’s presence.
- Section 12 requires custody personnel to make the prisoner available to the public attorney upon receipt of a properly supported request for temporary custody for trial.
Sanctions for willful delay tactics
- Section 14 authorizes the court to punish counsel or attorneys in cases where counsel for the accused, the public prosecution, or the public attorney:
- Knowingly allows trial setting without disclosing that a necessary witness would be unavailable;
- Files a motion solely for delay that is totally frivolous and without merit;
- Makes a false material statement for obtaining a continuance; or
- Otherwise willfully fails to proceed to trial without justification consistent with the Act.
- Section 14 provides the punishments the court may impose:
- For privately retained defense counsel: a fine not exceeding fifty percent (50%) of the compensation entitled in connection with defense of the accused;
- For appointed counsel de officio or the public prosecutor: a fine not exceeding Ten thousand pesos (P10,000);
- For denial of appearance rights: denying defense counsel or public prosecutor the right to practice before the court for not exceeding thirty (30) days.
- Section 14 states the court’s authority is in addition to other powers, and requires court-following procedures established in the Rules of Court for punishing counsel or the public prosecutor under the Act.
Supreme Court rules, funding, and constitutional claims
- Section 15 requires the Supreme Court to promulgate rules, regulations, administrative orders, and circulars to accelerate disposition of criminal cases.
- Section 15 requires such issuances to provide sanctions against justices and judges who willfully fail to proceed to trial without justification consistent with the Act.
- Section 16 appropriates Twenty million pesos (P20,000,000) annually from the allocation of the Supreme Court under the General Appropriations Act for effective implementation of the Act’s rules and related issuances; additional amounts may be included in subsequent annual General Appropriations Acts.
- Section 17 provides that no provision of the Act bars any claim of denial of speedy trial required by Article III, Section 14(2) of the 1987 Constitution.
Repeal, separability, and effectivity
- Section 18 repeals or modifies all laws, presidential decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the Act’s provisions.
- Section 19 provides separability: if any provision is declared unconstitutional, the remaining provisions continue in effect.
- Section 20 provides effectivity after fifteen (15) days following publication in the Official Gazette or in a newspaper of general circulation.
- Section 20 makes Section 7 effective only after the expiration of the aforementioned third-calendar-month period provided in Section 9.