Court Schedules

REVISED GUIDELINES Monday – Thursday : Trials (8:30 am & 2:00 pm)

Friday (Morning only): Motions, Arraignment, Pre- Trial & Promulgation
FOR CONTINUOUS
TRIAL FOR CRIMINAL Motion for Postponement is PROHIBITED, except if it is based on Acts of God, force majeure or physical
inability of the witness to appear and testify, however, presentation must be finished on dates previously
CASES IN A agreed upon. Oral or Written postponements SHALL be accompanied by OR of Postponement fee.
Motion for Inhibition MUST be resolved within two (2) calendar days from filing.
NUTSHELL

Below are the Prohibited Motions APPEARANCE OF PUBLIC PROSECUTOR

DENIED MOTU PROPRIO before arraignment without need of comment or opposition
Head of Prosecution Office MUST issue a
1. For Judicial Determination of Probable Cause WRITTEN authority to try even in the absence
2. For Preliminary Investigation of public prosecutor prior to presentation of
evidence.
a. filed beyond 5 days from inquest (Sec. 6, Rule 112); or
b. when accused has availed PI but despite notice he failed to
participate (Sec. 8, Rule 112)
3. Reinvestigation which was filed: CONSOLIDATION OF CASES
a. Without prior leave of court
Newly filed criminal cases involving offenses
b. When PI not required
based on similar facts or character,
c. PI was conducted but grounds raised are not meritorious (e.g. credibility, accompanied by motion for consolidation FILED
admissibility of evidence, innocence of accused, lack of due process when , EJ shall raffle case to one court and motion
accused was notified, among others) shall be resolved on the date of arraignment
and in the presence of accused and counsel.
4. Quash Information not based on the following grounds (Sec. 3, Rule 117):
a. Facts charged do not constitute an offense; As to pending cases (ongoing PI) with multiple
b. Court has no jurisdiction over the offense; accused and one accused is charged over same
c. Court has no jurisdiction over the accused; subject matter as prior information/s already
d. Officer who filed information had no authority; filed, said subsequent case when filed
e. Does not conform substantially to prescribed form; accompanied by a motion for consolidation
from the prosecutor shall automatically join
f. More than one offense except when a single punishment for various
other cases already filed.
offenses;
g. Criminal action or liability has been extinguished;
h. Legal excuse or justification; and
i. Double Jeopardy
ARCHIVING OF CASES
5. For Bill of Particulars that does not specify the alleged defects of the
complaint or information and the details desired (Sec. 9, Rule 116) • Accused at large 6 mos. from delivery of WOA
6. For Suspension of Arraignment not based on the following grounds • Unsound mental condition
• Prejudicial Question unless civil and criminal
(Section 11, Rule 116): cases are consolidated
a. Accused suffering from an unsound mental condition; • Pending interlocutory order elevated to higher
b. Prejudicial question; and court
c. Petition for review (60) days counted from the filing of the petition • Accused jumped bail and cannot be arrested by
bondsman
7. Suspension due to Prejudicial Question when no civil case was filed
(Sec. 7, Rule 111)

The following are Meritorious Motions:

1. Withdraw Information/ Downgrade Charge/ Exclude Accused filed by • Must ALLEGE plausible grounds;
prosecution as a result of reinvestigation, reconsideration and review. • SUPPORTED by relevant and/or competent
evidence;
2. Quash Warrant of Arrest • ADVERSE party shall comment within a non-
3. Suspend Arraignment based on Section 11(a) and (b), Rule 116 – see extendible period of 10 calendar days from
supra notice/ receipt of order;
4. Quash Information based on Sec. 3 (a),(b),(g) and (i), Rule 117- see • Within 10 calendar days (non-extendible)
court shall resolve with or without comment
supra
(may be set for hearing discretionary, after
5. Discharge accused as state witness (Sec. 17, Rule 119) which, resolve within 10 days from
a. Absolute necessity for testimony; termination.
b. No other direct evidence
c. Testimony can be substantially corroborated in its material points NOTE: MR of resolution of meritorious motions must
d. Does not appear the most guilty be within 5 days from receipt of resolution, (comment
or opposition within 5 days) , after which, 5 days from
e. Not convicted of any offense involving moral turpitude receipt of MR or comment if one was filed, court
6. To Dismiss on the ground that the case is a Strategic Lawsuit Against resolves. These meritorious motions if they do not
conform to the requirements will be deemed
Public Participation (SLAPP) for Environmental Cases unmeritorious hence, denied outright.
APP Eric-John Soriano Calagui Page 1 of 3
Office of the Provincial Prosecutor – Province of Cagayan
 Provisionally Dismissed Cases (Sec. 8, Rule 117), becomes PERMANENTLY DISMISSED if:
1. Punishable by imprisonment of 6 years below and/or fine of any amount= 1 year after issuance of order provisionally dismissing case
2. More than 6 years imprisonment=2 years after issuance of order provisionally dismissing case

REGULAR RULES FLOW CHART

ARRAIGNMENT
Arraignment 1. Waiver of reading information is allowed provided accused understands and consents. Must be indicated in
and Pre-Trial the minutes of arraignment.
2. Plea bargaining is allowed EXCEPT in Drug Cases provided accused consents and public prosecutor
maximum of
conforms.
30 Days 3. When accused enters a plea of guilt to a crime charged in the information, judgment shall be immediately
rendered EXCEPT cases involving capital punishment.
Within 10 days 4. Where no plea of guilt or plea bargaining takes place, proceed with arraignment and pre-trial.
from receipt of 5. Arraignment and preliminary conference shall be simultaneously held for cases subject to the Rule on
case for Summary Procedure.
PRE-TRIAL
DETAINEE
1. Pre-trial will still proceed even in the absence of accused or complainant provided they were duly notified;
Within 30 days however, the counsel and prosecutor must be present.
for NON- 2. Court actively participates in STIPULATIONS of some matters without prejudice or with reservation to
DETAINEE additional direct or cross examination questions.
3. Documentary evidence shall be marked and pre-trial order shall be immediately served upon the parties
and counsel on the same day after termination of pre-trial.

PETITION FOR BAIL MEDIATION

Filed after filing of information, shall be set for After Pretrial case may be referred to mediation unless a
summary hearing after arraignment and pre- settlement is reached earlier during pre-trial/ preliminary
trial and to be resolved within 30 days (non- conference. Mediation must be terminated within 30 days from
extendible) from the date of first hearing,
date of referral and is non-extendible. Cases subject to Summary
EXCEPT in drug cases (20 days) without need
of oral argument and submission of Procedure shall not be referred to mediation.
memorandum.
The following are mediatable cases:
Resolution shall be solely based on Crimes where payment prevent criminal prosecution or
prosecution’s evidence. MR to be resolved extinguishes criminal liability : BP 22, SSS Law, Pag-ibig Law;
within 10 days from submission. Presentation Crimes against property where obligation may be civil in nature;
of evidence in chief shall not be suspended Crimes against honor; Cyber-libel; Criminal Negligence;
pending resolution. See flowchart page 3.
Intellectual Property Rights cases where liability is civil in nature

WHETHER BAIL IS DENIED OR NOT IF MEDIATION FAILED IF SUCCESFUL

TRIAL

Presentation of
Prosecution’s
and Accused’
Promulgation of Decision
Evidence
(6months /180 (90 days from submission of case for
days)
decision)

During trial, the court shall encourage parties to : on the part of the accused- avail of examination of witness for accused
before trial and how it is made (pursuant to Secs. 12 and 13 of Rule 119) and for the prosecution, to conduct conditional
examination of witness for the prosecution (pursuant to Sec 15, Rule 119). In case of absence of counsel de parte court
appoints de officio counsel. Offer of evidence shall be done orally including comment and opposition thereto. Counsel
must cite specific page numbers in the case record where exhibits are found, if not on record party offering the exhibit
must submit in open court. After prosecution has rested its case, court will inquire if accused and shall file demurrer
either by filing a motion or orally moving for leave of court. If counsel orally moves for leave of court, the motion shall
be orally resolved. Demurrer shall be filed within 10 calendar days from leave of court and comment shall be 10 calendar
days from receipt of demurrer and to be resolved within 30 calendar days thereafter. Rebuttal and sur-rebuttal evidence
are allowed after the parties rested their case. One day examination rule shall be observed.
APP Eric-John Soriano Calagui Page 2 of 3
Office of the Provincial Prosecutor – Province of Cagayan
 Other Sample Flowcharts
(as shown in A.M. No. 15-06-10-SC courtesy of the Supreme Court)
Drug Cases

Trial (To be finished not later than 60 days from filing of Decision (15 days from submission of case for
information) resolution)

Environmental Cases
Arraignment Trial Decision (60 days from last day to
and Pre-Trial 30 days (3 months) Memo 30 days
file memoranda)
from
mediatio
n
Disposition period shall be within 10 months from date of arraignment

Intellectual Property Rights Cases

Arraignment Trial Judgment (90 days from

30 days (60 days for each party Memo 30 days
and Pre-Trial submission of case for
to present or 120 days) decision)

Rule on summary Procedure of Criminal cases Referred to Mediation

Arraignment and Trial Judgment (30 days from
Preliminary Conference 30 days from mediation (60 termination of hearing)
days)

Arraignment and pre-trial of cases Referred to Mediation

Arraignment and Pre- trial Trial( 6 months/ Judgment ( 90 days

30 days Mediation
180 days) from the submission
of case for decisison)

Petition for Bail

A. Regular Rules Presentation of Promulgation of

Evidence-in-chief of Decision (90
the Prosecution (60 days from
Arraignment Hearing and
30 Days Days) and submission of
and Pre-Trial Resolution of
Presentation of case for
Petition for Bail
Evidence of the decision)
(30 days)
Accused (90 days)

Presentation of Evidence in the Petition for Bail and Presentation of

evidence-in-chief of the Prosecution of Evidence of the Accused (180
days)
B. Drug Case

Arraignment
Hearing and Resolution
and Pre-Trial Presentation of
of Petition for Bail (20 Decision (15 days
(within 10 Evidence of the
days) and Presentation of from submission of
days from Accused (25
Evidence-in-chief of the case for resolution)
filing of days)
Prosecution(5 days)
information)

Trial ( To be finished not later than 60 days from filing of information)

APP Eric-John Soriano Calagui Page 3 of 3

Office of the Provincial Prosecutor – Province of Cagayan