THE REVISED

GUIDELINES FOR
CONTINUOUS
TRIAL OF
CRIMINAL CASES
THE SUPREME COURT
OF THE PHILIPPINES
in partnership with

THE ASIA FOUNDATION

US AGENCY FOR INTERNATIONAL
DEVELOPMENT
through the

AMERICAN BAR ASSOCIATION

 Resolution dated 21 February 2012 (A.M No.
11-6-10-SC Re: Guidelines for Litigation in
Quezon City Trial Courts) were adopted to test
its practicability and feasibility and to enhance
the rules of procedure and expedite the litigation
process.

Resolution dated 30 February 2015 (A.M No.

15-06-10-SC Re: Adopting the Guidelines for
Continuous Trial Cases) was adopted in 52
pilot courts in the first and second levels of
Metro Manila, effective 17 August 2015, clarifying
the application of existing rules on speedy trial to
expedite trial and resolution of criminal cases.
25 April 2017, OCA-Circular no. 101-2017,
“THE REVISED GUIDELINES FOR
CONTINUOUS TRIAL OF CRIMINAL CASES”
approved.

It took effect 01 September 2017.

Sec. 16, Article III of the 1987 Constitution, “All
persons shall have the right to a speedy disposition
of their cases before all judicial, quasi-judicial, or
administrative bodies.“

CABALLERO VS. ALFONSO, JR.,

”Speedy disposition of cases’ is a relative
term. Just like the constitutional guarantee of
“speedy trial” accorded an accused in all criminal
proceedings, “speedy disposition of cases” is a
flexible concept. It is consistent with delays and
depends upon the circumstances. What the
Constitution prohibits are unreasonable, arbitrary
and oppressive delays which render rights
nugatory.”
Right to speedy trial is based on the maxim that
“justice delayed is justice denied.” Unreasonable
delays may result to a prolonged suffering of an
innocent accused or an evasion of justice by a truly
guilty person. If the prosecution unreasonably delays
the criminal proceedings because of too many
postponements and unjustifiable absences, the
accused may be acquitted on the ground of violation
of right to speedy trial. This does not, however, mean
that the court cannot grant reasonable
postponements. What is prohibited is oppressive
and vexatious postponements.

© Atty. Michael Jhon M. Tamayao

https://tamayaosbc.wordpress.com/2014/06/20/bill-of-rights
 APPLICABILITY

It shall apply to newly- filed criminal cases,

including those governed by Special Laws and
Rules, in the First and Second Level Courts, the
Sandiganbayan and the Court of Tax Appeals as
of effectivity date.

It shall also apply to pending criminal cases

with respect to the remainder of the
proceedings.

Not applicable to criminal cases filed under

Rule of Summary Procedure, unless expressly
provided.
 OBJECTIVES

To protect and advance the constitutional right

of persons to speedy disposition of their criminal
cases;
To reinforce and give teeth to existing rules on
criminal procedure and other special rules
prescribing periods for court actions and those
that promote speedy disposition of cases;
To introduce innovations and practices for the
benefit of the parties.
 HEARING DAYS AND
CALENDAR CALL
TRIAL
It shall be held from Monday to Thursday and shall
start at exactly 8:30 AM and 2:00 PM. (AC No. 3-99)

HEARING ON MOTIONS, ARRAIGNMENT

AND PRE-TRIAL AND PROMULGATION OF
DECISION
it shall be held in the morning of Fridays. (Sec. 7,
Rule 15 of the Rules of Court)

*Court Calendars shall be posted one (1) day before

scheduled hearings
 MOTIONS
Motion for Inhibition
it shall be resolved immediately or within two (2)
calendar days from the date of filing.

Prohibited Motions
1. Motion for Judicial Determination of Probable
Cause.
2. Motion for Preliminary Investigation filed beyond
reglementary period.
3. Motion for reinvestigation once the information
has been filed before the court.
4. Motion to quash information not stated in the rules
5. Motion for bill of particulars
6. Motion to suspend the arraignment
7. Petition to suspend the criminal action on the
ground of prejudicial question.
 MOTIONS
Meritorious Motions
1. Motion to withdraw information
2. Motion to Quash warrant of arrest
3. Motion to suspend arraignment on the ground
of unsound mental condition
4. Motion to suspend proceedings on the ground
of prejudicial question
5. Motion to quash information under Sec. 3 par.
(a), (b), (g) and (i) of Rule 119
6. Motion to discharged accused as state witness
7. Motion to Quash search warrant
7. Motion to dismiss under SLAPP
 MOTIONS
Motions for postponement
it is generally prohibited; exceptions: based on
acts of God, force majeure or physical inability of the
witness to appear and testify. Motions shall be
accompanied by original receipt from the adverse party.
presentation of evidence must still be finished on
the dates previously agreed upon.
 ARRAIGNMENT AND PRE-TRIAL

DETAINED NON-DETAINED
10 calendar days 30 calendar days
upon receipt of the court upon the court acquires
jurisdiction over the case

A. Regular Rules

Presentation of Promulgation of
Arraignment 30 days Prosecution’s and Judgment
and Pre- Trial the Accused’s 90 days from
Evidence submission for
6 moths/ 180 days case for
decision
 B. Drug Cases

Trial (to be
Decision (15 days
finished not
from submission
less than 60
for case for
days from filing
decision
of information)

C. Environmental Cases

Promulgation of
Arraignment 30 days Trial Judgment
Memo 30 days
and Pre- Trial (3 months) 90 days from
submission for
case for
decision
 D. Intellectual Property Cases

Judgment
Arraignment 30 days Trial 90 days from
Memo 30 days
and Pre- Trial (60 days for each submission for
party to present case for
evidence) decision

E. Cases Referred to Mediation

Judgment
Arraignment 30 days Trial 90 days from
and Pre- Trial mediation (6 months) submission for
case for
decision
 F. Rule on Summary Procedure on criminal cases referred to mediation
Judgment
Arraignment Trial 30 days from
30 days
and mediation (60 days) the termination
Preliminary of hearing
Conference
Right to Meet the Witnesses Face-to-Face
The right to confrontation enables the accused to
test the credibility of the witnesses. The right is
reinforced under the rules of criminal procedure by
the so-called cross-examination. Cross-examination
is conducted after the presentation and direct
examination of witnesses by the opposing side.
Both parties are allowed to test the veracity of the
testimonies presented by the other.

© Atty. Michael Jhon M. Tamayao

https://tamayaosbc.wordpress.com/2014/06/20/bill-of-rights/
 "A sense of confidence in the courts is essential to
maintain the fabric of ordered liberty for a free people
and three things could destroy that confidence and
do incalculable damage to society: that people come
to believe that inefficiency and delay will drain even a
just judgment of its value; that people who have long
been exploited in the smaller transactions of daily life
come to believe that courts cannot vindicate their
legal rights from fraud and over-reaching; that people
come to believe the law – in the larger sense –
cannot fulfill its primary function to protect them and
their families in their homes, at their work, and on the
public streets.“

© Warren E. Burger, Chief Justice (1969-1986) United States

 The right to speedy disposition of cases is not
merely hinged towards the objective of spurring
dispatch in the administration of justice but also to
prevent the oppression of the citizen by holding a
criminal prosecution suspended over him for an
indefinite time. Akin to the right to speedy trial, its
"salutary objective" is to assure that an innocent
person may be free from the anxiety and expense
of litigation or, if otherwise, of having his guilt
determined within the shortest possible time
compatible with the presentation and consideration
of whatsoever legitimate defense he may
interpose.