Rules on Expedited Procedures in the First Level Courts

Section 1

The filing of criminal cases governed by the Rule on Summary Procedure shall either be by complaint or by information. The complaint or information shall be accompanied by the judicial affidavits of the complainant and of his or her witnesses, in such number of copies as there are accused, plus one (1) copy for the court. The complaint or information and other submissions of the parties may be filed with the court and served on the adverse party/ies, and judgments, resolutions, orders, and other court processes may be served to the parties, electronically with their consent, in accordance with the prevailing Rules and other Court issuances.

Sec 2

Duty of court; Judicial Affidavits. (a) If commenced by complaint. – On the basis of the complaint and the judicial affidavits and other evidence accompanying the same, the court may dismiss the case outright for lack of probable cause, and order the release of the accused if in custody. (b) If commenced by information. - When the case is commenced by information, or is not dismissed pursuant to paragraph (a), the court shall issue an order which, together with copies of the resolution of the investigating officer and the judicial affidavits and other evidence submitted by the prosecution, shall require the accused to submit a judicial counter-affidavit and the judicial affidavits of his or her witnesses, as well as any other evidence in his or her behalf, within fifteen (15) calendar days from receipt of the order. The accused shall serve copies thereof on the private complainant and the public prosecutor within the same period. Except on rebuttal, no witness shall be allowed to testify unless his or her judicial affidavit was submitted in accordance with this provision. The judicial affidavit shall take the place of the direct testimony of a witness. However, instead of judicial affidavits, the prosecution may submit the written sworn statements of the complainant and/or the witnesses prepared by the law enforcement agents assigned to the case, or the affidavits submitted to the public prosecutor during preliminary investigation. If the prosecution chooses this option, the prosecutor shall not be allowed to ask additional direct examination questions of the complainant and/or the witnesses, except for meritorious reasons. The sworn statements and affidavits shall stand as the direct testimony of the affiants, supplemented by additional direct examination if allowed by the court. Sec 3. Determination of probable cause. - Upon receipt of the accused's judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses, or the lapse of the period given for the submission thereof, the court shall determine if probable cause exists to hold the accused for trial. If the court finds that no probable cause exists, it shall order the dismissal of the case and the immediate release of the accused, if in custody. If the court finds that probable cause exists, the court shall set the case for arraignment and pre-trial. For detained accused, if the period for submission of judicial affidavits and other evidence by the accused has not yet lapsed and no submission has been made on the date set for the arraignment and pre-trial, the court may proceed with the arraignment if the accused waives the court's consideration of his or her judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses in the determination of probable cause, without waiver of the admission of such judicial counter-affidavit and/ or the judicial affidavits of his or her witnesses within a fresh period of ten (10) calendar days from the date of the arraignment and the pre-trial.

Sec 4

The court shall not issue a warrant for the arrest of the accused in criminal cases governed by the Rule on Summary Procedure, except for failure to appear despite notice, whenever required by the court. Release of the person arrested shall either be on bail, or on his or her own recognizance, or that of a responsible citizen acceptable to the court. If the warrant of arrest could not be served on the accused because he or she could not be located, the court shall issue an order archiving the case once the law enforcement agency entrusted with the service of the warrant of arrest files a return to that effect, or after six (6) months from the issuance of the warrant of arrest, there being no return filed by the law enforcement agency.

Sec 5

Arraignment and pre-trial. (a) Upon receipt of the case, the court shall set the arraignment and pre-trial within ten (10) calendar days for detained accused and thirty (30) calendar days for non-detained accused. The notice of arraignment and pre-trial shall require the attendance of the accused and his or her counsel and all defense witnesses, the private complainant and his or her witnesses, the public prosecutor and private prosecutor, where allowed, as well as the law enforcement agents assigned to the case. Before arraigning the accused, the court shall inquire into the possibility of a plea bargain between the parties. If there is no plea bargain, the court shall arraign the accused on the original charge and enter his or her plea in the record. If the accused pleads guilty to the original charge, the court shall forthwith sentence him or her. If the accused offers to plead guilty to a lesser offense, the consent of the public prosecutor and the private complainant, or the law enforcement agent assigned to the case in victimless crimes, shall be secured, unless the latter are absent despite notice, in which case the consent of the public prosecutor shall suffice. (b) After arraignment, the court shall conduct the Pre-Trial Conference in accordance with the Revised Guidelines for Continuous Trial of Criminal Cases. No admission by the accused shall be used against him or her unless reduced into writing and signed by the accused and the defense counsel. The signatures of the accused and the defense counsel either on the Pre Trial Order or the Minutes of the Pre-Trial Conference, which embodies such admissions, shall suffice.

Sec 6

At the trial, the testimonies of witnesses shall consist of the duly subscribed written statements given to law enforcement agents, or the affidavits or counter-affidavits submitted before the investigating officer, or their judicial affidavits, subject to cross, re-direct, and re-cross examination questions. Should any affiant fail to testify, his or her affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose. Except on rebuttal, no witness shall be allowed to testify unless his or her affidavit was previously submitted to the court in accordance with Section 2 hereof. The prosecution shall have sixty (60) calendar days to complete its evidence presentation. On the last day of its presentation of evidence, the public prosecutor shall orally offer the prosecution evidence. The defense counsel shall then make his or her oral comments on the offer, and thereafter, the court shall orally resolve the offer of evidence of the prosecution. The ruling shall be embodied in the written order the court will issue thereafter. The defense shall also have sixty (60) calendar days to complete its evidence presentation. On the last day of its presentation of evidence, the defense counsel shall orally offer the defense evidence. The public prosecutor shall then make his or her oral comments on the offer, and thereafter, the court shall orally resolve the offer of evidence of the defense. The ruling shall be embodied in the written order the court will issue thereafter. If the prosecution decides to present rebuttal evidence, it shall have fifteen (15) calendar days from the court action on the offer of defense evidence to complete the same. A motion for postponement of any trial date shall be presumed dilatory and denied outright, unless grounded on acts of God, force majeure, or duly substantiated physical inability of the counsel or witness. Any postponement granted by the court for the authorized causes shall not extend the period for presentation of a party's evidence. The party who sought the postponement shall only have the remaining trial dates assigned to him or her to complete his or her evidence presentation.

Sec 7

The court shall render and promulgate the judgment not later than thirty (30) calendar days from the court's action on the last presenting party's offer of evidence.