Mandatory Pre-Trial Conference
- Required after arraignment in all specified courts.
- Purpose: Consider plea bargaining, stipulation of facts, marking of evidence, waiver of objections, and other matters promoting fair and expeditious trial.
Pre-Trial Agreement
- Agreements during pre-trial must be written and signed by accused and counsel.
- Such agreements are not admissible against the accused unless approved by the court.
- Plea agreements to lesser offenses can only be altered if contrary to law, morals, or public policy.
Sanctions for Nonappearance at Pre-Trial
- Counsel’s absence without acceptable excuse may lead to sanctions or penalties imposed by the court.
Pre-Trial Order
- Issued after pre-trial conference summarizing agreed actions, stipulated facts, and marked evidence.
- Binding on parties and controls trial course unless modified to prevent manifest injustice.
Time Limit for Trial
- Continuous trial scheduled at earliest time post-arraignment.
- Trial must conclude within 180 days from first day of trial.
- Exceptions only allowed by Chief Justice as per Rules of Court.
Time Limits on Arraignment and Trial Commencement
- Arraignment within 30 days from information filing or first appearance.
- Accused given at least 15 days to prepare after pleading not guilty.
- Trial to commence within 30 days from arraignment.
- Accused must specify negative or affirmative defense during plea.
Time Limit for Retrial
- Retrial must start within 30 days after new trial order becomes final.
- Extension up to 180 days allowable if witness unavailability or time-related factors exist.
Graduated Extended Time Limits
- First 12 months after enactment: 180 days from arraignment to trial.
- Second 12 months: 120 days.
- Third 12 months: 80 days.
Exclusions in Computing Trial Time
- Delays from competence exams, interlocutory appeals, pre-trial motions (max 30 days), change of venue, valid prejudicial questions.
- Absence or unavailability of accused or essential witnesses.
- Mental incompetence or physical inability of accused.
- Dismissal and refiling of information for same offense.
- Joinder with co-accused causing delay.
- Court-ordered continuances with written/oral reasons outweighing interest in speedy trial.
Criteria for Granting Continuance
- Considerations: prevention of miscarriage of justice or impossibility of proceeding; complexity or novelty of case needing more preparation.
- Continuances cannot be granted due to court congestion or prosecutorial lack of diligence.
Duties of Public Attorney if Accused is Imprisoned
- Obligated to obtain presence of the prisoner for trial or notify custodian to inform prisoner of right to demand trial.
- Custodian to inform prisoner promptly and respond to public attorney’s trial custody requests.
Remedy for Failure to Bring Accused to Trial Within Time Limit
- Accused may move to dismiss information if trial not commenced timely.
- Accused bears burden of proof; prosecution to provide evidence on exclusions.
- Considerations in dismissal with or without prejudice include seriousness of offense and justice administration.
- Failure to move for dismissal prior to trial or guilty plea waives right.
Sanctions Against Counsel and Prosecutors
- Penalties for willful delay tactics, false statements, or unjustified failure to proceed.
- Sanctions include fines (up to 50% of compensation for private counsel; up to P10,000 for public) and suspension up to 30 days.
- Court to follow Rules of Court procedures for sanctions.
Rulemaking Authority
- Supreme Court to promulgate rules and orders to accelerate criminal case disposition.
- Sanctions for justices/judges who willfully delay trials without justification.
Funding
- Annual appropriation of P20 million from Supreme Court budget for implementation.
- Additional amounts included in annual General Appropriations Act as needed.
Relation to Constitutional Right to Speedy Trial
- This Act does not bar claims under the constitutional right to speedy trial.
Repealing, Separability, and Effectivity Clauses
- Inconsistent laws and regulations repealed or modified.
- Unconstitutional provisions severable; others remain effective.
- Effectivity 15 days after publication; Section 7 effective after third 12-month transition period as per Section 9.