ased on the sourcesprovided,hereisacomparisonoftheRevisedGuidelinesforContinuousTrialof
B
CriminalCases(A.M.No.15-06-10-SC)andtheRulesonExpeditedProceduresintheFirstLevelCourts
(A.M. No. 08-8-7-SC) with regard to criminal procedure.
heRulesonExpeditedProceduresintheFirstLevelCourts,effectiveApril11,2022,governexpedited
T
proceduresintheMetropolitanTrialCourts(MeTCs),MunicipalTrialCourtsinCities(MTCCs),Municipal
Trial Courts (MTCs), and Municipal Circuit Trial Courts (MCTCs). This includes specific criminalcases
falling within their jurisdiction, which are governed by the Rule on Summary Procedure.
heRevisedGuidelinesforContinuousTrialofCriminalCases,effectiveSeptember1,2017,applytoall
T
newly-filedcriminalcases,includingthosegovernedbySpecialLawsandRules,intheFirstandSecond
Level Courts, theSandiganbayan,andtheCourtofTaxAppeals.However,unlessspecificallyprovided,
the Revised Guidelines generally do not apply to criminal cases filed under the Rule on Summary
Procedure. Despite this general exclusion, the Rules on Expedited Procedures explicitly incorporate
aspectsoftheRevisedGuidelinesfortheconductofthePre-TrialConferenceincriminalcasesunderthe
Rule on Summary Procedure.
Here's a comparison of similar and differing provisions:
Similar Provisions:
● A pplicability to First Level Courts:Both sets ofrules are applicable, at least in part, to criminal
cases heard in the First Level Courts (MeTCs, MTCCs, MTCs, MCTCs).
● Aim for Speedy Disposition:Both rules state objectivesthat include the speedy disposition of
cases [89, 56(a)].
● Restrictions on Motions for Postponement:Both rulesseverely restrict motions for
postponement. They state that such motions are generally presumed dilatory and will be denied,
unless they are based on limited grounds such as acts of God, force majeure, or the physical
inability of counsel or a witness to appear. Both also mention that if a postponement is granted for
these authorized causes, it will not extend the party's period for evidence presentation, and the
time will be deducted from their allotted period.
● Timeline for Arraignment and Pre-trial/Preliminary Conference:Both rules prescribe specific
periods within which arraignment and pre-trial (or preliminary conference in Summary Procedure)
must be set once the court acquires jurisdiction over the accused: withinten (10) calendar days
for detained accused and withinthirty (30) calendardaysfor non-detained accused.
● Plea Bargaining:Both rules provide for and encourageplea bargaining before the arraignment.
● Form of Testimony:Both sources discuss the use ofwritten sworn statements, affidavits, or
judicial affidavits as testimony, particularly in First Level Courts. In criminal cases governed by the
Rule on Summary Procedure under the Rules on Expedited Procedures, the testimonies of
witnesses are to consist of duly subscribed written statements, affidavits, or judicial affidavits,
subject to cross, re-direct, and re-cross examination. Similarly, the Revised Guidelines state that
in all criminal cases in First Level Courts, testimonies shall consist of such written statements or
affidavits, subject to additional direct and cross-examination.
● Use and Submission of Affidavits/Judicial Affidavits:Both emphasize the importance of
submitting affidavits or judicial affidavits. The Rules on Expedited Procedures explicitly require the
complaint/information and the accused's counter-affidavit to be accompanied by judicial affidavits.
Failure to submit these means the witness generally cannot testify, and the affidavit will not be
considered competent evidence for the presenting party (though the adverse party may use it).
The Revised Guidelines also state that in First Level Courts, testimonies shall be in the form of
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judicial affidavits if sworn statements/affidavits are not available, and that except on rebuttal, no
witness shall be allowed to testify unless their affidavit was previously submitted.
● Conditions for Archiving:Both rules provide conditionsunder which a criminal case may be
archived. A common ground for archiving mentioned in both is when the accused remains at
large for a specified period after a warrant of arrest has been issued.
Conduct of Pre-Trial:The Rules on Expedited Proceduresexplicitly state that after arraignment
●
in criminal cases under the Rule on Summary Procedure, the court shall conduct the Pre-Trial
Conference in accordance with the Revised Guidelines for Continuous Trial of Criminal Cases.
This is a direct incorporation of the Revised Guidelines' procedure for pre-trial into the expedited
rules for criminal cases.
● Admissions in Pre-Trial:Both rules address admissionsmade by the accused during pre-trial,
requiring them to be in writing and signed by the accused and their counsel to be used against
them.
Differing Provisions:
● P rimary Scope of Application:While the Revised Guidelinesapply broadly to most criminal
cases in First and Second Level Courts (and higher), theygenerally excludecases under the
Rule on Summary Procedure. The Rules on Expedited Procedures, conversely,specifically
governcriminal cases under the Rule on Summary Procedurein First Level Courts, providing the
particular procedure for these cases, alongside Small Claims and certain Summary Procedure
civil cases.
● Mediation:The Revised Guidelines provide for mandatoryreferral of certain criminal cases to
mediation for the civil liabilityafterarraignmentand pre-trial/preliminary conference. However,
they also state that criminal cases subject to the Rule on Summary Procedureshall not be
referred to mediation, except for those listed inIII(9)(a). The Rules on Expedited Procedures,
which cover Summary Procedure criminal cases, donotmention the referral of criminal cases to
mediation at all in their criminal procedure section (Rule III, Part B) or their general common
provisions (Rule II).
● Issuance of Arrest Warrant:The Rules on ExpeditedProcedures contain a specific provision
stating that the courtshall not issue a warrant forthe arrest of the accusedin criminal cases
governed by the Rule on Summary Procedure, except for failure to appear despite notice. The
Revised Guidelines, while discussing archiving after a warrant is issued, do not generally restrict
the issuance of arrest warrants in the criminal cases they cover. This is a key procedural
difference for criminal cases falling under the Rule on Summary Procedure under the new
expedited rules.
● Finality of RTC Judgment on Appeal:Under the Ruleson Expedited Procedures, the judgment
of the Regional Trial Court on appeal from a Summary Procedure case is declaredfinal,
executory, and unappealable. This is a significantdeviation from the regular rules of procedure
(Rule 122 of the Rules of Court, referenced in), where judgments of the Regional Trial Court in
criminal cases may typically be further appealed to the Court of Appeals depending on the
penalty imposed. The Revised Guidelines do not alter the general rules on appeal from the RTC
in the cases they cover.
● Judgment Period:The Rules on Expedited Proceduresmandate that the court shall render and
promulgate judgment in criminal cases under the Rule on Summary Procedure no later than
thirty (30) calendar daysfrom the court's actionon the last presenting party's offer of evidence.
The Revised Guidelines set the period for promulgation at generallyninety (90) calendar days
from the date the case is submitted for decision for regular cases, with shorter periods for cases
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nder Special Rules (e.g., 15 days for drug cases). The 30-day period in the Rules on Expedited
u
Procedures is specific to the expedited criminal cases they cover.
● Specific Prohibited Motions:While both lists of prohibitedmotions have overlaps, the Rules on
Expedited Procedures provide a more detailed list tailored to the summary/expedited nature,
including motions like those to admit late judicial affidavits or position papers (unless for force
majeure/acts of God) [21(n)], and motions for judicial determination of probable cause [21(o)].
The Revised Guidelines' list of prohibited motions focuses more on pre-trial and preliminary
investigation stages.
Trial Period Allocation:The Rules on Expedited Proceduresallocate specific maximum periods
●
for the presentation of evidence:sixty (60) calendardaysfor the prosecution andsixty (60)
calendar daysfor the defense. They also provide fifteen(15) days for prosecution rebuttal. The
Revised Guidelines discuss continuous trial dates within the periods provided by regular/special
rules and template orders show specific allocated dates, but they do not explicitly set a universal
60-day maximum period for each party's evidence presentation in the general text.
● Effectivity Dates:The Revised Guidelines took effecton September 1, 2017, while the Rules on
Expedited Procedures took effect on April 11, 2022, and prospectively apply only to cases filed
from that date.
In summary,theRulesonExpeditedProceduresintheFirstLevelCourtscarveoutspecificprocedures
for criminal cases undertheRuleonSummaryProcedurewithinFirstLevelCourts,incorporatingsome
aspectsoftheRevisedGuidelinesforContinuousTrial,particularlyforthepre-trialstage.However,they
introduce notable differences, such as the general prohibition on arrest warrants (unless for failure to
appear), the reduced judgment period of 30 days, and the finality of the Regional Trial Court's
judgmentonappeal.Thesedistinctionsareintendedtoensureamoreexpeditedprocessforthespecific
types of cases covered by the Rules on Expedited Procedures.
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