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Republic Act No. 8493. Click
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REPUBLIC
ACT NO. 8493
AN
ACT
TO ENSURE A SPEEDY
TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL
COURT,
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT
TRIAL COURT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES.
Section 1. Title. — This
Act shall be known as the "Speedy Trial Act of 1998."
Sec. 2. Mandatory
pre-trial in criminal cases. — In all cases cognizable by the
Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court,
Regional
Trial Court, and the Sandiganbayan, the justice or judge shall, after
arraignment,
order a pre-trial conference to consider the following:cralaw:red
(a) Plea
bargaining;
(b) Stipulation of
Facts;
(c) Marking for
identification
of evidence of parties;
(d) Waiver of
objections
to admissibility of evidence; and
(e) Such other
matters
as
will promote a fair and expeditious trial.
Sec. 3. Pre-trial agreement.
— All agreements or admissions made or entered into during the
pre-trial
conference shall be reduced to writing and signed by the accused and
counsel,
otherwise the same shall not be used in evidence against the accused.
The
agreements in relation to matters referred to in Sec. 2 hereof is
subject
to the approval of the court: Provided, That the agreement on
the
plea of the accused to a lesser offense may only be revised, modified,
or annulled by the court when the same is contrary to law, public
morals,
or public policy.
Sec. 4. Non-appearance
at pre-trial conference. — Where counsel for the accused or the
prosecutor
does not appear at the pre-trial conference and does not offer an
acceptable
excuse for his/her lack of cooperation, the pre-trial justice or judge
may impose proper sanctions or penalties.
Sec. 5. Pre-trial
order. — After the pre-trial conference, the court shall issue an
order
reciting the actions taken, the facts stipulated, and evidence marked.
Such order shall bind the parties, limit the trial to matters not
disposed
of and control the course of action during the trial, unless modified
by
the court to prevent manifest injustice.
Sec. 6. Time limit
for trial. — In criminal cases involving persons charged of a
crime,
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, irrespective of other
imposable
penalties, the justice or judge shall, after consultation with the
public
prosecutor and the counsel for the accused, 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 Chief Justice of the Supreme Court
pursuant
to Sec. 3, Rule 22 of the Rules of Court.
Sec. 7. Time limit
between filing of information and arraignment and between arraignment
and
trial. — The arraignment of an accused shall be held within thirty
(30) days from the filing of the information, or from the date the
accused
has appeared before the justice, judge or court in which the charge is
pending, whichever date last occurs. Thereafter, where a plea of not
guilty
is entered, the accused shall have at least fifteen (15) days to
prepare
for trial. Trial shall commence within thirty (30) days from
arraignment
as fixed by the court.
If the accused pleads
not
guilty to the crime charged, he/she shall state whether he/she
interposes
a negative or affirmative defense. A negative defense shall require the
prosecution to prove the guilt of the accused beyond reasonable doubt,
while an affirmative defense may modify the order of trial and require
the accused to prove such defense by clear and convincing evidence.
Sec. 8. Time limit
following an order for new trial. — If the accused is to be tried
again
following an order of a court for a new trial, the trial shall commence
within thirty (30) days from the date the order for a new trial becomes
final, except that the court retrying the case may extend such period
but
in any case shall not exceed one hundred eighty (180) days from the
date
the order for a new trial becomes final if unavailability of witnesses
or other factors resulting from passage of time shall make trial within
thirty (30) days impractical.
Sec. 9. Extended
time
limit. — Notwithstanding the provisions of Sec. 7 of this Act,
for
the first twelve-calendar-month period following its effectivity, the
time
limit with respect to the period from arraignment to trial imposed by
Sec.
7 of this Act shall be one hundred eighty (180) days. For the second
twelve-month
period the time limit shall be one hundred twenty (120) days, and for
the
third twelve-month period the time limit with respect to the period
from
arraignment to trial shall be eighty (80) days.
Sec. 10. Exclusions.
— The following periods of delay shall be excluded in computing the
time
within which trial must commence:cralaw:red
(a) Any
period of delay
resulting from other proceedings concerning the accused, including but
not limited to the following:
(1) delay
resulting
from
an examination of the accused, and hearing on his/her mental
competency,
or physical incapacity;
(2) delay resulting
from
trials with respect to charges against the accused;
(3) delay resulting
from
interlocutory appeals;
(4) delay resulting
from
hearings on pre-trial motions: Provided, That the delay does not exceed
thirty (30) days;
(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 valid 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.
(b) Any
period of delay
resulting
from the absence or unavailability of the accused or an essential
witness.
For purposes of this
subparagraph,
an accused or an essential witness shall be considered absent when
his/her
whereabouts are unknown and, in addition, he/she is attempting to avoid
apprehension or prosecution or his/her whereabouts cannot be determined
by due diligence. An accused or an essential witness shall be
considered
unavailable whenever his/her whereabouts are known but his/her presence
for trial cannot be obtained by due diligence or he/she resists
appearing
at or being returned for trial.
(c) Any period of
delay
resulting from the fact that the accused is mentally incompetent or
physically
unable 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, or any offense required to be
joined with that 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.
(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 severance has been granted.
(f) Any period of
delay
resulting from a continuance granted by any justice or judge motu
propio
or on motion of the accused or his/her counsel or at the request of the
public prosecutor, if the justice or judge granted such continuance on
the basis of his/her findings that the ends of justice served by taking
such action outweigh the best interest of the public and the defendant
in a speedy trial. No such period of delay resulting from a continuance
granted by the court in accordance with this subparagraph shall be
excludable
under this Sec. unless the court sets forth, in the record of the
case,
either orally or in writing, its reasons for finding that the ends of
justice
served by the granting of such continuance outweigh the best interests
of the public and the accused in a speedy trial.
Sec. 11. Factors for
granting
continuance. — The factors, among others, which a justice or judge
shall consider in determining whether to grant a continuance under
subparagraph
(f) of Sec. 10 of this Act are as follows:cralaw:red
(a) Whether
the failure
to grant such a continuance in the proceeding would be likely to make a
continuation of such proceeding impossible, or result in a miscarriage
of justice.
(b) Whether the case
taken
as a whole is so novel, so unusual and so complex, due to the number of
accused or the nature of the prosecution or otherwise, that it is
unreasonable
to expect adequate preparation within the periods of time established
by
this Act.
No continuance under
subparagraph
(f) of Sec. 10 shall be granted because of general congestion of the
court's calendar, or lack of diligent preparation or failure to obtain
available witnesses on the part of the public prosecutor.
Sec. 12. Public
attorney's
duties where accused is imprisoned. — If the public attorney knows
that a person charged of a crime is preventively detained, either
because
he/she is charged of a bailable crime and has no means to post bail, or
is charged of a non-bailable crime, or is serving a term of
imprisonment
in any penal institution, the public attorney shall promptly:cralaw:red
(a)
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 mandating such person to
so
advise the prisoner of his/her right to demand trial.
(b) Upon receipt of a
notice,
the person having custody of the prisoner shall promptly advise the
prisoner
of the charge and of his/her right to demand trial. If at any time
thereafter
the prisoner informs the person having custody that he/she demands
trial,
such person shall cause notice to that effect to be sent promptly to
the
public attorney.
(c) Upon receipt of
such
notice, the public attorney shall promptly seek to obtain the presence
of the prisoner for trial.
(d) When the person
having
custody of the prisoner receives from the public attorney a properly
supported
request for temporary custody of the prisoner for trial, the prisoner
shall
be made available to that public attorney.
Sec. 13. Remedy where
accused is not brought to trial within the time limit. — If an
accused
is not brought to trial within the time limit required by Sec. 7 of
this Act as extended by Sec. 9, the information shall be dismissed
on
motion of the accused. The accused shall have the burden of proof of
supporting
such motion but the prosecution shall have the burden of going forward
with the evidence in connection with the exclusion of time under Sec.
10 of this Act.
In determining whether
to
dismiss the case with or without prejudice, the court shall consider,
among
other factors, the seriousness of the offense, the facts and
circumstances
of the case which led to the dismissal, and the impact of a
reprosecution
on the implementation of this Act and on the administration of justice.
Failure of the accused to move for dismissal prior to trial or entry of
a plea of guilty shall constitute a waiver of the right to dismissal
under
this Sec..
Sec. 14. Sanctions.
— In any case in which counsel for the accused, the public prosecution
or public attorney:cralaw:red
(a)
knowingly allows the
case to be set for trial without disclosing the fact that a necessary
witness
would be unavailable for trial;
(b) files a motion
solely
for the purpose of delay which he/she knows is totally frivolous and
without
merit;
(c) makes a statement
for
the purpose of obtaining continuance which he/she knows to be false and
which is material to the granting of a continuance; or
(d) otherwise
willfully
fails to proceed to trial without justification consistent with the
provisions
of this Act, the court may, without prejudice to any appropriate
criminal
and/or administrative charges to be instituted by the proper party
against
the erring counsel if and when warranted, punish any such counsel or
attorney,
as follows:
(1) in the
case of a
counsel
privately retained in connection with the defense of an accused, by
imposing
a fine not exceeding; fifty percent (50%) of the compensation to which
he/she is entitled in connection with his/her defense of the accused;
(2) by imposing on
any
appointed
counsel de officio or public prosecutor a fine not exceeding Ten
thousand
pesos (10,000.00); and
(3) by denying any
defense
counsel or public prosecutor the right to practice before the
court
considering the case for a period not exceeding thirty (30) days.
The authority to punish
provided
for by this Sec. shall be in addition to any other authority or
power
available to the court. The court shall follow the procedures
established
in the Rules of Court in punishing any counsel or public prosecutor
pursuant
to this Sec..
Sec. 15. Rules and
regulations. — The Supreme Court shall promulgate rules,
regulations, administrative orders and circulars which shall seek
to
accelerate the disposition of criminal cases. The
rules, regulations, administrative orders and circulars formulated
shall provide sanctions against justices and judges who willfully fail
to proceed to trial without justification consistent with the
provisions
of this Act.
Sec. 16. Funding.
— For the effective implementation of the rules, regulations,
administrative
orders and circulars promulgated under this Act, the amount of Twenty
million
pesos (P20,000,000.00) annually shall be appropriated from the
allocation
of the Supreme Court under the General Appropriations Act. Thereafter,
such additional amounts as may be necessary for its continued
implementation
shall be included in the annual General Appropriations Act.
Sec. 17. Act not a
bar to speedy trial claim under the Constitution. — No provision of
this Act shall be interpreted as a bar to any claim of denial of speedy
trial as required by Article III, Sec. 14(2) of the 1987
Constitution.
Sec. 18. Repealing
clause. — All laws, presidential decrees, executive orders, rules
and
regulations or parts thereof inconsistent with the provisions of this
Act
are hereby repealed or modified accordingly.
Sec. 19. Separability
clause. — In case any provision of this Act is declared
unconstitutional,
the other provisions shall remain in effect.
Sec. 20. Effectivity.
— This Act shall take effect after fifteen (15) days following its
publication
in the Official Gazette or in any newspaper of general circulation: Provided,
That Sec. 7 of this Act shall become effective after the
expiration
of the aforementioned third-calendar-month period provided in Sec. 9
of this Act.
Approved:
February 12, 1998
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