Trial (RULE 119) | CRIMINAL PROCEDURE

Below is a comprehensive discussion of Rule 119 (Trial) under the Revised Rules of Criminal Procedure in the Philippines, with relevant highlights of doctrine, procedure, and significant considerations. This topic also touches on certain aspects of legal ethics and includes practical notes that could guide practitioners in crafting legal forms and pleadings. I have endeavored to be as meticulous as possible, going straight to the core of what every litigator in criminal cases should know.

I. OVERVIEW OF RULE 119

Rule 119 governs the trial phase in criminal cases—when both sides (prosecution and defense) present evidence, witnesses, and arguments in court. It implements the constitutional mandate of due process, the right to confront witnesses, and the right to a speedy, impartial, and public trial. It also operates within the context of the broader Revised Rules of Criminal Procedure, as well as special statutes (like the Speedy Trial Act of 1998 or R.A. 8493) and various Supreme Court circulars and administrative guidelines on continuous trial.

Key Constitutional Anchors

  1. Right to Due Process (Art. III, Sec. 1, 1987 Constitution)
  2. Right to be Informed of the Nature and Cause of Accusation (Art. III, Sec. 14[2])
  3. Right to a Speedy, Impartial, and Public Trial (Art. III, Sec. 14[2])
  4. Right to Meet Witnesses Face to Face (Confrontation Clause)
  5. Right Against Self-Incrimination

II. COMMENCEMENT OF TRIAL

A. Setting the Case for Trial

After arraignment and pre-trial (governed by Rule 118), the court issues an order setting the case for trial. Under the 2017 Revised Guidelines on Continuous Trial, courts are mandated to observe strict timelines to ensure expeditious proceedings.

  1. Scheduling: The trial dates are set successively (continuous trial principle).
  2. Notice of Hearing: Both prosecution and defense must be notified of the trial schedule. Absence of a party with notice normally does not bar the holding of trial.

B. Presence of the Accused

The accused has the right (and generally the obligation) to be present at every stage of the trial, from arraignment to promulgation of judgment. However, trial in absentia is allowed under certain conditions (Rule 115, Sec. 1[c] and the Constitution, Art. III, Sec. 14[2]):

  1. The accused had already been arraigned.
  2. The accused was duly notified of the trial.
  3. The accused’s absence is unjustifiable.

Once these conditions are met, the court may validly proceed with trial even if the accused is absent.

III. ORDER OF TRIAL (RULE 119, SEC. 11)

Section 11 of Rule 119 provides the usual sequence:

  1. Prosecution Evidence

    • The prosecution presents its evidence in chief to prove the charge beyond reasonable doubt.
    • Witnesses are examined in the following order: Direct → Cross → Redirect → Recross.
    • Marking of documentary or object evidence and their identification by witnesses.

  2. Defense Evidence

    • After the prosecution rests, the defense presents evidence to rebut the prosecution’s case or establish defenses (e.g., alibi, self-defense).
    • Same examination sequence: Direct → Cross → Redirect → Recross.

  3. Rebuttal and Sur-rebuttal

    • The court may allow the prosecution to present rebuttal evidence to contradict the defense’s evidence.
    • The defense may then present sur-rebuttal.

  4. Formal Offer of Evidence

    • Each side formally offers its evidence in writing or orally in open court.
    • The opposing side may object.
    • The court rules on the admissibility of evidence.

  5. Memoranda or Oral Summation (if allowed by the court)

    • Parties may be required or allowed to submit formal written memoranda or to argue orally, summarizing their respective positions.

  6. Submission of the Case for Decision

    • After the final presentation of evidence, the case is deemed submitted for resolution unless the court directs otherwise.

Although the sequence is standard, courts have discretion to vary the order for good reasons, such as in child abuse cases (special rules) or with multiple accused who present distinct defenses.

IV. PRESENTATION OF EVIDENCE: DETAILED CONSIDERATIONS

A. Prosecution Evidence

  1. Burden of Proof: The prosecution bears the burden of proving the guilt of the accused beyond reasonable doubt.
  2. Testimonial Evidence: Direct examination is usually conducted by the public prosecutor. The defense cross-examines.
  3. Documentary and Object Evidence: Must be properly identified, authenticated, and offered.

B. Demurrer to Evidence (Rule 119, Sec. 23)

  • After the prosecution rests, the defense may move for leave to file a Demurrer to Evidence, arguing that the prosecution’s evidence is insufficient to warrant conviction.
  • If granted (i.e., the case is dismissed on demurrer), it is tantamount to an acquittal, generally precluding appeal by the prosecution (double jeopardy).
  • If the accused files a demurrer without leave of court and it is denied, the defense loses the right to present evidence. The case is decided based solely on the prosecution's evidence.

C. Defense Evidence

  • Once the court denies the demurrer or the defense chooses not to file one, the defense presents its witnesses and evidence.
  • The accused can testify on his own behalf. If the accused chooses to testify, he waives the right against self-incrimination but only concerning matters covered in direct examination.

D. Rebuttal and Sur-rebuttal

  • The court may allow the prosecution to present rebuttal evidence on new issues raised in the defense’s presentation.
  • In turn, the defense may present sur-rebuttal evidence, also limited to the matters raised in rebuttal.

E. Formal Offer of Evidence

  • Both parties must formally offer their evidence, specifying the purpose for which each piece of evidence is offered.
  • The opposing party may object. The court rules on admissibility, which must be clearly stated in the order or in open court to avoid confusion in the judgment.

V. SPEEDY TRIAL REQUIREMENTS

A. Speedy Trial Act of 1998 (R.A. 8493)

  • Establishes time limits for trial after arraignment (generally, the trial should commence within 30 days from arraignment, subject to exclusions).
  • Encourages courts to set continuous trial dates without postponement unless for clearly meritorious reasons.

B. 2017 Revised Guidelines on Continuous Trial

  • Mandates strict adherence to trial schedules.
  • Limits postponements (only for compelling reasons, properly documented).
  • Encourages active judicial case management (e.g., ensuring parties are prepared, controlling time spent on cross-examination).

Failure to comply with speedy trial requirements may lead to the dismissal of the case if it is proven that the delay is unjustified and violates the accused’s constitutional right to speedy trial.

VI. ROLE OF THE JUDGE DURING TRIAL

  1. Duty to Ensure Orderly Proceedings: The judge controls the mode and order of examining witnesses and presenting evidence to make the interrogation and presentation effective for truth ascertainment.
  2. Right to Ask Clarificatory Questions: The judge may propound clarificatory questions, but should avoid appearing partial.
  3. Power to Curb Delays and Postponements: Must judiciously grant or deny requests for postponements or continuances.

VII. TRIAL IN ABSENTIA

A. Conditions

  1. The accused was arraigned.
  2. The accused was duly notified of trial.
  3. The accused’s failure to appear is unjustifiable.

If these requisites are present, the court can proceed to try and decide the case in the accused’s absence. However, counsel must still be present to represent the accused.

B. Limitations

  • The right to confront and cross-examine witnesses belongs to the accused; if he voluntarily waives presence, he also waives the right to personally confront witnesses. Counsel, however, may still cross-examine on his behalf.

VIII. PROMULGATION OF JUDGMENT

While promulgation of judgment is specifically covered under Rule 120, it is the natural end-point of the trial proceedings under Rule 119. The judgment must be based on the entire evidence presented during trial.

  1. Form of Judgment: Must state the essential facts and the law on which the judgment is based.
  2. Presence of the Accused: If convicted, the accused must be personally present for promulgation (except if the offense is light). If absent without justifiable cause, the judgment is recorded, and the accused is deemed notified.

IX. LEGAL ETHICS CONSIDERATIONS DURING TRIAL

  1. Candor Toward the Tribunal: Prosecutors and defense counsel must present evidence honestly, refrain from misleading the court, and observe fairness.
  2. Respect for the Court: Lawyers must obey court orders, maintain decorum, and avoid dilatory tactics.
  3. Zealous Representation: While vigorously advocating for their client, counsel must not resort to unscrupulous means or harassment of witnesses.
  4. Duty to Avoid Delay: Both prosecution and defense counsel are ethically bound to refrain from frivolous postponements and to respect the accused’s and the public’s interest in speedy resolution of criminal cases.

X. PRACTICAL NOTES AND LEGAL FORMS

  1. Pre-Trial Brief / Court Forms:

    • Although more directly relevant to Rule 118, a well-crafted Pre-Trial Brief can streamline the trial, narrow down issues, list witnesses, and identify evidence—ensuring compliance with the continuous trial system.

  2. Judicial Affidavit Rule:

    • In some cases, testimony is presented through judicial affidavits (A.M. No. 12-8-8-SC), subject to oral cross-examination.
    • Ensure that you attach the affidavit to the Formal Offer of Evidence, if required, and comply with mandatory guidelines.

  3. Motions:

    • Motion for Postponement: Must show compelling reasons, otherwise it may be denied.
    • Demurrer to Evidence (with or without leave): Accompanied by a motion explaining the insufficiency of prosecution evidence.
    • Motion to Recall Witness / Re-Open Trial: Allowed before judgment for good cause, typically to prevent miscarriage of justice.

  4. Objections:

    • Must be timely, specific, and should appear on record.
    • Defense counsel must note continuing objections, especially for repetitive questions.

  5. Formal Offer Template:

    • Caption: Name of court, case number, title of the case.
    • Body: List each piece of evidence (Exhibit “A”, Exhibit “B”, etc.), witness who identified it, purpose for which it is offered.
    • Prayer: Request for admission of all offered exhibits.
    • Signature: Counsel’s signature, with IBP and Roll No. details.

XI. SELECT RELEVANT JURISPRUDENCE

  1. People v. Leviste, G.R. No. 189122 (October 19, 2011) – underscores the importance of observing the constitutional rights of the accused during trial.
  2. People v. Canlas, G.R. No. 159778 (April 2, 2007) – emphasizes that a demurrer to evidence granted by the court is equivalent to an acquittal, barring further prosecution on the same charge.
  3. People v. Go, G.R. No. 191015 (August 13, 2014) – clarifies the judge’s prerogative in questioning witnesses, provided impartiality is maintained.
  4. Estrada v. Sandiganbayan, G.R. No. 148965-67 (February 26, 2002) – discussed the constitutional and statutory frameworks on speedy trial.

These cases demonstrate the application of Rule 119 in various contexts, including the interplay of constitutional rights and procedural safeguards.

XII. KEY TAKEAWAYS

  1. Continuous Trial: Expect strict timelines; counsel must be prepared.
  2. Demurrer to Evidence: Deciding to file with or without leave of court is critical; it is often a pivotal juncture in the defense strategy.
  3. Order of Trial: Strictly follow the sequence; any deviation must be for valid reasons.
  4. Evidence Presentation: Properly mark, identify, authenticate, and offer evidence.
  5. Role of Counsel: Uphold ethical standards, ensure the client’s rights are protected, and avoid dilatory maneuvers.
  6. Trial in Absentia: Permissible when conditions are met, but the right to counsel and due notification remain sacrosanct.
  7. Judgment: Must be based strictly on the evidence adduced at trial; promulgation requirements under Rule 120 complete the process.

Final Word

Rule 119 is the heartbeat of criminal litigation: it is where the prosecution and defense fully test their evidence. Mastery of this rule ensures orderly, fair, and efficient proceedings—a cornerstone of criminal justice. The lawyer’s vigilance in observing procedural requirements, ethical duties, and evidentiary rules is indispensable for protecting the rights of the accused and upholding public interest in the administration of justice.

Disclaimer: This discussion is for educational and informational purposes and does not replace official sources (the Rules of Court, statutes, jurisprudence). Always check for the latest amendments and Supreme Court circulars. For specific cases, consult the updated Philippine laws, rules, and pertinent Supreme Court decisions, or seek professional legal counsel.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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