Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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| [1] Complete the following: SECTION 1. Time to prepare for trial.—After a plea of not guilty is entered, the accused shall have at least __________ to prepare for trial. The trial shall commence within __________ from receipt of the pre-trial order. (Sec. 6, cir. 38-98) | SECTION 1. Time to prepare for trial.—After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order. (Sec. 6, cir. 38-98) |
| [2] Complete the following: SEC. 2. Continuous trial until terminated; postponements.—Trial once commenced shall continue from ____________________ until terminated. It may be postponed for a reasonable period of time __________. The court, shall, after consultation with the prosecutor and defense counsel, set the case for _____________________ at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed ______________________, except as otherwise authorized by the Supreme Court, (sec. 8, cir. 38-98). | SEC. 2. Continuous trial until terminated; postponements.—Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. The court, shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court, (sec. 8, cir. 38-98). |
| [3] SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (1) Delay resulting from an _____________________ of the accused; (2) Delay resulting from proceedings with respect to _____________________; | (1) Delay resulting from an examination of the physical and mental condition of the accused; (2) Delay resulting from proceedings with respect to other criminal charges against the accused; |
| [4] Complete the following: SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (3) Delay resulting from ___________ against ___________; (4) Delay resulting from ___________; provided, that the delay does not exceed thirty (30) days; | (3) Delay resulting from extraordinary remedies against interlocutory orders; (4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days; |
| [5] Complete the following: SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (5) Delay resulting from orders of __________, or proceedings relating to __________ of cases or __________ from other courts; (6) Delay resulting from a finding of the ____________________and (7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. | (5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; (6) Delay resulting from a finding of the existence of a prejudicial question; and (7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. |
| [6] When is an essential witness considered absent or unavailable? | An essential witness is considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He is considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence. (SEC. 3, a, 7, c) |
| [7] Complete the following: SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial must commence: (7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. (c) Any period of delay resulting from the ____________________ of the accused to stand trial. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date ____________________ had there been no previous charge. | (c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. |
| [8] Complete the following: SEC. 3. Exclusions.—The following periods of delay shall be excluded in computing the time within which trial must commence: (7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom ____________________, or, as to whom the time for trial has not run and _____________________ has been granted. (f) Any period of delay resulting from a __________ granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the __________ on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the ____________________. (Sec. 9, cir. 38-98) | (e) 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, as to whom the time for trial has not run and no motion for separate trial has been granted. (f) Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. (sec. 9, cir. 38-98) |
| [9] Complete the following: SEC. 4. Factors for granting continuance.—The following factors, among others, shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule. (a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding _____________________; and (b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the _____________________, or that it is unreasonable to expect __________ within the periods of time established therein. In addition, no continuance under section 3(f) of this Rule shall be granted because of ________________ or lack of __________ or failure to obtain ___________ on the part of the prosecution, (sec. 10, cir. 38-98) | (a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and (b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the periods of time established therein. In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of the court's calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor, (sec. 10, cir. 38-98) |
| [10] Complete the following: SEC. 5. Time limit following an order for new trial.—If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes ____________________ and other factors, the court may extend it but not to exceed ____________________ from notice of said order for a new trial, (sec. 11, cir. 38-98) | SEC. 5. Time limit following an order for new trial.—If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend it but not to exceed one hundred eighty (180) days from notice of said order for a new trial, (sec. 11, cir. 38-98) |
| [11] Complete the following: SEC. 7. Public attorney's duties where accused is imprisoned.—If the public attorney assigned to defend a person charged with a crime knows that the latter is __________, either because he is charged with a bailable crime but has _______________, or, is charged with a non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: (a) Shall promptly undertake to obtain the ________________ or cause a notice to be served on the person ________________ requiring such person to so advise the prisoner of his ___________. (b) Upon receipt of that notice, the custodian of the prisoner shall promptly _________________ and of his ___________. If at anytime thereafter the, prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney. | SEC. 7. Public attorney's duties where accused is imprisoned.—If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: (a) Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand trial. (b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the, prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney. |
| [12] Complete the following: SEC. 8. Sanctions.—In any case in which private counsel for the accused, the public attorney, or the prosecutor: (a) Knowingly allows the case to be set for trial without disclosing that ____________________; (b) Files a motion solely for delay which he knows is ____________________; | (a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial; (b) Files a motion solely for delay which he knows is totally frivolous and without merit; |
| [13] Complete the following: SEC. 8. Sanctions.—In any case in which private counsel for the accused, the public attorney, or the prosecutor: (c) Makes a statement for the purpose of obtaining continuance which he knows to be _________ and which is _________ to the granting of a continuance; or (d) _______________________ consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor, as follows: | (c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or (d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecutor, as follows: |
| [14] Complete the following: SEC. 9. Remedy where accused is not brought to trial within the time limit.—If the accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the information may be ___________________ on the ground of ___________________. The accused shall have the burden of ______________ but the prosecution shall have the burden of going forward with the ___________________ under section 3 of this Rule. The dismissal shall be subject to the rules on ______________. Failure of the accused to move for dismissal prior to trial shall constitute a ___________________ under this section, (sec. 14, cir. 38-98) | SEC. 9. Remedy where accused is not brought to trial within the time limit.—If the accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under section 3 of this Rule. The dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section, (sec. 14, cir. 38-98) |
| [15] Complete the following: SEC. 11. Order of trial.—The trial shall proceed in the following order: (a) The prosecution shall present evidence to ___________ and, in the proper case, the ___________. (b) The accused may present evidence to ________________, if any, arising from the issuance of a ________________ in the case. | (a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case. |
| [16] Complete the following: SEC. 11. Order of trial.—The trial shall proceed in the following order: (c) The prosecution and the defense may, in that order, present ________________ unless the court, in furtherance of justice, permits them to present _____________________. (d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to __________ or to _______________. | (c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. |
| [17] When may the order of trial be modified? | When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. (SEC. 11, e) |
| [18] When the accused has been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf. What should the motion state? | (a) the name and residence of the witness; (b) the substance of his testimony; and (c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial. (SEC. 12) |
| [19] Complete the following: SEC. 13. Examination of defense witness; how made.—If the court is satisfied that the examination of a witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific date, time and place and that a copy of the order be served on the _____________________. The examination shall be taken before a judge, or, if not practicable, ___________________ so designated by the judge in the order, or if the order be made by a court of __________, before an __________ court to be designated therein. The examination shall proceed notwithstanding the _____________________. A written record of the testimony shall be taken. | SEC. 13. Examination of defense witness; how made.—If the court is satisfied that the examination of a witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken. |
| [20] Complete the following: SEC. 14. Bail to secure appearance of material witness.—When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to ______________________. Upon refusal to post bail, the court shall ______________________, or is _________________ after his testimony has been taken. | SEC. 14. Bail to secure appearance of material witness.—When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies, or is legally discharged after his testimony has been taken. |
| [21] Complete the following: SEC. 15. Examination of witness for the prosecution.—When it satisfactorily appears that a witness for the prosecution is __________________ as directed by the court, or has to _______________________, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after _____________________ has been served on him, shall be conducted in the same manner as an examination of the trial. _____________________ shall be considered a waiver. The statement taken may be admitted ___________________. | SEC. 15. Examination of witness for the prosecution.—When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination of the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused. |
| [22] Complete the following: SEC. 16. Trial of several accused.—When two or more accused are jointly charged with an offense, they shall be tried jointly unless the court, in its _________ and upon _______________, orders separate trial for one or more accused. | SEC. 16. Trial of several accused.—When two or more accused are jointly charged with an offense, they shall be tried jointly unless the court, in its discretion and upon motion of the prosecutor or any accused, orders separate trial for one or more accused. |
| [23] Complete the following: SEC. 17. Discharge of accused to be state witness.—When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution _______________, the court may direct one or more of the accused to be discharged with their __________ so that they may be witnesses for the state when, after requiring the prosecution to ____________________, the court is satisfied that: (a) There is _______________ for the testimony of the accused whose discharge is requested; (b) There is _______________ for the proper prosecution of the offense committed, except the testimony of said accused; | SEC. 17. Discharge of accused to be state witness.—When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: (a) There is absolute necessity for the testimony of the accused whose discharge is requested; (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused; |
| Complete the following: SEC. 17. Discharge of accused to be state witness.—When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: (c) The testimony of said accused can be _____________________; (d) Said accused does not ________________; and (e) Said accused has not _____________________. | (c) The testimony of said accused can be substantially corroborated in its material points; (d) Said accused does not appear to be the most guilty; and (e) Said accused has not at any time been convicted of any offense involving moral turpitude. |
| [25] The court denied the motion for discharge of the accused as state witness. What is the effect as to his sworn statement? | His sworn statement is inadmissible in evidence. (SEC. 17) |
| [26] Complete the following: SEC. 18. Discharge of accused operates as acquittal.—The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a ______________________, unless the accused ______________________ in accordance with his sworn statement constituting the basis for his discharge. | SEC. 18. Discharge of accused operates as acquittal.—The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. |
| [27] What happens when it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein? | The accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. (SEC. 19) |
| [28] Under what circumstances may the judge exclude the public from the courtroom? | (1) The judge may, motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. ((2) He may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. (SEC. 21) |
| [29] Complete the following: SEC. 22. Consolidation of trials of related offenses.—Charges for offenses founded on the __________ or forming part of a ____________________ may be tried jointly at the ________________. | SEC. 22. Consolidation of trials of related offenses.—Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court. |
| [30] After the prosecution rests its case, how may the court dismiss the action on the ground of insufficiency of evidence? | (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. (SEC. 23) |
| [31] If the court denies the demurrer to evidence filed with leave of court, ______________________. | the accused may adduce evidence in his defense. (SEC. 23) |
| [32] When the demurrer to evidence is filed without leave of court, ______________________ and submits the case for judgment on the ______________________. | When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. (SEC. 23) |
| [33] Complete the following: The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of ________________. The prosecution may oppose the motion within a non-extendible period of ________________. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ________________. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. | The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt. If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. (SEC. 23) |
| [34] What if the court denies the motion leave of court to file demurrer to evidence or the demurrer itself? | The order shall not be reviewable by appeal or by certiorari before judgment. (SEC. 23) |
| [35] Complete the following: SEC. 24. Reopening.—At any time before _________________, the judge may, motu proprio or upon motion, with ________________, reopen the proceedings to avoid a _______________. The proceedings shall be terminated within thirty (30) days from the order granting it. | SEC. 24. Reopening.—At any time before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The proceedings shall be terminated within thirty (30) days from the order granting it. |