Speedy Trial Act.doc

7/30/2019 Speedy Trial Act.doc

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Republic Act No. 8493 February 12, 1998

AN ACT TO ENSURE A SEE!" TR#A$ OF A$$ CR#%#NA$ CASES &EFORE T'E SAN!#(AN&A"AN,

RE(#ONA$ TR#A$ COURT, %ETROO$#TAN TR#A$ COURT, %UN#C#A$ TR#A$ COURT, AN!

%UN#C#A$ C#RCU#T TR#A$ COURT, AROR#AT#N( FUN!S T'EREFOR, AN! FOR OT'ER

UROSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Sectio) 1. Title.- This Act shall be known as the *Speedy Trial Act of 1998.*

Sectio) 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 ustice or udge shall, a!terarraign"ent, order a pre-trial con!erence to consider the !ollowing:

#a$ %lea bargaining&

#b$ Stipulation o! 'acts&

#c$ Marking !or identi!ication o! e(idence o! parties&

#d$ )ai(er o! obections to ad"issibility o! e(idence& and

#e$ Such other "atters as will pro"ote a !air and e*peditious trial+

Sectio) 3.Pre-Trial Agreement.- All agree"ents or ad"issions "ade or entered into during the pre-trial con!erence shall

be reduced to writing and signed by the accused and counsel, otherwise the sa"e shall not be used in e(idence against theaccused+ The agree"ents in relation to "atters re!erred to in Section hereo! is subect to the appro(al o! the court:

%ro(ided, That the agree"ent on the plea o! the accused to a lesser o!!ense "ay only be re(ised, "odi!ied, or annulled by

the court when the sa"e is contrary to law, public "orals, or public policy+

Sectio) 4.Nonappearance at Pre-Trial Conference.- )here counsel !or the accused or the prosecutor does not appear at

the pre-trial con!erence and does not o!!er an acceptable e*cuse !or hisher lack o! cooperation, the pre-trial ustice or udge"ay i"pose proper sanctions or penalties+

Sectio) +.Pre-Trial Order.- A!ter the pre-trial con!erence, the court shall issue an order reciting the actions taken, the !acts

stipulated, and e(idence "arked+ Such order shall bind the parties, li"it the trial to "atters not disposed o! and control the

course o! action during the trial, unless "odi!ied by the court to pre(ent "ani!est inustice+

Sectio) . Time Limit for Trial.- In cri"inal cases in(ol(ing persons charged o! a cri"e, e*cept those subect to the Rules

on Su""ary %rocedure, or where the penalty prescribed by law does not e*ceed si* #.$ "onths i"prison"ent, or a !ine o!

/ne thousand pesos #%0,111+11$ or both, irrespecti(e o! other i"posable penalties, the ustice or udge shall, a!ter

consultation with the public prosecutor and the counsel !or the accused, set the case !or continuous trial on a weekly or

other short-ter" trial calendar at the earliest possible ti"e so as to ensure speedy trial+ In no case shall the entire trial periode*ceed one hundred eighty #021$ days !ro" the !irst day o! trial, e*cept as otherwise authorized by the Chie! 3ustice o! the

Supre"e Court pursuant to Section 4, Rule o! the Rules o! Court+

Sectio) -. Time Limit Beteen !iling of "nformation and Arraignment and Beteen Arraignment and Trial.- The

arraign"ent o! an accused shall be held within thirty #41$ days !ro" the !iling o! the in!or"ation, or !ro" the date the

accused has appeared be!ore the ustice, udge or court in which the charge is pending, whiche(er date last occurs+

Therea!ter, where a plea o! not guilty is entered, the accused shall ha(e at least !i!teen #05$ days to prepare !or trial+ Trialshall co""ence within thirty #41$ days !ro" arraign"ent as !i*ed by the court+

I! the accused pleads not guilty to the cri"e charged, heshe shall state whether heshe interposes a negati(e or a!!ir"ati(e

de!ense+ A negati(e de!ense shall re6uire the prosecution to pro(e the guilt o! the accused beyond reasonable doubt, while

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an a!!ir"ati(e de!ense "ay "odi!y the order o! trial and re6uire the accused to pro(e such de!ense by clear and con(incing

e(idence+

Sectio) 8. Time Limit !olloing an Order for Ne Trial.- I! the accused is to be tried again !ollowing an order o! a court

!or a new trial, the trial shall co""ence within thirty #41$ days !ro" the date the order !or a new trial beco"es !inal, e*cept

that the court retrying the case "ay e*tend such period but in any case shall not e*ceed one hundred eighty #021$ days !ro"the date the order !or a new trial beco"es !inal i! una(ailability o! witnesses or other !actors resulting !ro" passage o! ti"e

shall "ake trial within thirty #41$ days i"practical+

Sectio) 9.#$tended Time Limit.- 7otwithstanding the pro(isions o! Section 8 o! this Act, !or the !irst twel(e-calendar-

"onth period !ollowing its e!!ecti(ity, the ti"e li"it with respect to the period !ro" arraign"ent to trial i"posed by Section

8 o! this Act shall be one hundred eighty #021$ days+ 'or the second twel(e-"onth period the ti"e li"it shall be one

hundred twenty #01$ days, and !or the third twel(e-"onth period the ti"e li"it with respect to the period !ro" arraign"entto trial shall be eighty #21$ days+

Sectio) 1.#$cl%sions.- The !ollowing periods o! delay shall be e*cluded in co"puting the ti"e within which trial "ust

co""ence:

#a$ Any period o! delay resulting !ro" other proceedings concerning the accused, including but not li"ited to the

!ollowing:

#0$ delay resulting !ro" an e*a"ination o! the accused, and hearing on hisher "ental co"petency, orphysical incapacity&

#$ delay resulting !ro" trials with respect to charges against the accused&

#4$ delay resulting !ro" interlocutory appeals&

#9$ delay resulting !ro" hearings on pre-trial "otions: %ro(ided, That the delay does not e*ceed thirty#41$ days,

#5$ delay resulting !ro" orders o! inhibition, or proceedings relating to change o! (enue o! cases or

trans!er !ro" other courts&

#.$ delay resulting !ro" a !inding o! the e*istence o! a (alid preudicial 6uestion& and

#8$ delay reasonably attributable to any period, not to e*ceed thirty #41$ days, during which any

proceeding concerning the accused is actually under ad(ise"ent+

#b$ Any period o! delay resulting !ro" the absence or una(ailability o! the accused or an essential witness+

'or purposes o! this subparagraph, an accused or an essential witness shall be considered absent when hisher

whereabouts are unknown and, in addition, heshe is atte"pting to a(oid apprehension or prosecution or hisher

whereabouts cannot be deter"ined by due diligence+ An accused or an essential witness shall be considereduna(ailable whene(er hisher whereabouts are known but hisher presence !or trial cannot be obtained by due

diligence or heshe resists appearing at or being returned !or trial+

#c$ Any period o! delay resulting !ro" the !act that the accused is "entally inco"petent or physically unable to

stand trial+

#d$ I! the in!or"ation is dis"issed upon "otion o! the prosecution and therea!ter a charge is !iled against the

accused !or the sa"e o!!ense, or any o!!ense re6uired to be oined with that o!!ense, any period o! delay !ro" thedate the charge was dis"issed to the date the ti"e li"itation would co""ence to run as to the subse6uent charge

had there been no pre(ious charge+


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#e$ A reasonable period o! delay when the accused is oined !or trial with a co-accused o(er who" the court has

not ac6uired urisdiction, or as to who" the ti"e !or trial has not run and no "otion !or se(erance has been

granted+

#!$ Any period o! delay resulting !ro" a continuance granted by any ustice or udge "otu propio or on "otion o!

the accused or hisher counsel or at the re6uest o! the public prosecutor, i! the ustice or udge granted suchcontinuance on the basis o! hisher !indings that the ends o! ustice ser(ed by taking such action outweigh the best

interest o! the public and the de!endant in a speedy trial+ 7o such period o! delay resulting !ro" a continuance

granted by the court in accordance with this subparagraph shall be e*cludable under this section unless the court

sets !orth, in the record o! the case, either orally or in writing, its reasons !or !inding that the ends o! ustice ser(ed

by the granting o! such continuance outweigh the best interests o! the public and the accused in a speedy trial+

Sectio) 11. !actors for &ranting Contin%ance.- The !actors, a"ong others, which a ustice or udge shall consider indeter"ining whether to grant a continuance under subparagraph #!$ o! Section 01 o! this Act are as !ollows:

#a$ )hether the !ailure to grant such a continuance in the proceeding would be likely to "ake a continuation o!

such proceeding i"possible, or result in a "iscarriage o! ustice+

#b$ )hether the case taken as a whole is so no(el, so unusual and so co"ple*, due to the nu"ber o! accused or the

nature o! the prosecution or otherwise, that it is unreasonable to e*pect ade6uate preparation within the periods o!

ti"e established by this Act+

7o continuance under subparagraph #!$ o! Section 01 shall be granted because o! general congestion o! the courts calendar,

or lack o! diligent preparation or !ailure to obtain a(ailable witnesses on the part o! the public prosecutor+

Sectio) 12.P%'lic Attorney(s )%ties *+ere Acc%sed is "mprisoned.- I! the public attorney knows that a person charged o!

a cri"e is pre(enti(ely detained, either because heshe is charged o! a bailable cri"e and has no "eans to post bail, or is

charged o! a non-bailable cri"e, or is ser(ing a ter" o! i"prison"ent in any penal institution, the public attorney shall

pro"ptly:

#a$ ;ndertake to obtain the presence o! the prisoner !or trial, or cause a notice to be ser(ed on the person ha(ing

custody o! the prisoner "andating such person to so ad(ise the prisoner o! hisher right to de"and trial+

#b$ ;pon receipt o! a notice, the person ha(ing custody o! the prisoner shall pro"ptly ad(ise the prisoner o! the

charge and o! hisher right to de"and trial+ I! at any ti"e therea!ter the prisoner in!or"s the person ha(ing custody

that heshe de"ands trial, such person shall cause notice to that e!!ect to be sent pro"ptly to the public attorney+

#c$ ;pon receipt o! such notice, the public attorney shall pro"ptly seek to obtain the presence o! the prisoner !or

trial+

#d$ )hen the person ha(ing custody o! the prisoner recei(es !ro" the public attorney a properly supported re6uest

!or te"porary custody o! the prisoner !or trial, the prisoner shall be "ade a(ailable to that public attorney+

Sectio) 13.,emedy *+ere Acc%sed is Not Bro%g+t to Trial *it+in t+e Time Limit.- I! an accused is not brought to trialwithin the ti"e li"it re6uired by Section 8 o! this Act as e*tended by Section


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#a$ knowingly allows the case to be set !or trial without disclosing the !act that a necessary witness would be

una(ailable !or trial&

#b$ !iles a "otion solely !or the purpose o! delay which heshe knows is totally !ri(olous and without "erit&

#c$ "akes a state"ent !or the purpose o! obtaining continuance which heshe knows to be !alse and which is

"aterial to the granting o! a continuance& or

#d$ otherwise will!ully !ails to proceed to trial without usti!ication consistent with the pro(isions o! this Act, the

court "ay, without preudice to any appropriate cri"inal andor ad"inistrati(e charges to be instituted by the

proper party against the erring counsel i! and when warranted, punish any such counsel or attorney, as !ollows:

#0$ in the case o! a counsel pri(ately retained in connection with the de!ense o! an accused, by i"posing a!ine not e*ceeding& !i!ty percent #51=$ o! the co"pensation to which heshe is entitled in connection with

hisher de!ense o! the accused&

#$ by i"posing on any appointed counsel de o!!icio or public prosecutor a !ine not e*ceeding Ten

thousand pesos #01,111+11$& and

#4$ by denying any de!ense counsel or public prosecutor the right to practice be!ore the court considering

the case !or a period not e*ceeding thirty #41$ days+

The authority to punish pro(ided !or by this section shall be in addition to any other authority or power a(ailable

to the court+ The court shall !ollow the procedures established in the Rules o! Court in punishing any counsel or

public prosecutor pursuant to this section+

Sectio) 1+.,%les and ,eg%lations.- The Supre"e Court shall pro"ulgate rules, regulations, ad"inistrati(e orders and

circulars which shall seek to accelerate the disposition o! cri"inal cases+ The rules, regulations, ad"inistrati(e orders and

circulars !or"ulated shall pro(ide sanctions against ustices and udges who will!ully !ail to proceed to trial withoutusti!ication consistent with the pro(isions o! this Act+

Sectio) 1. !%nding.- 'or the e!!ecti(e i"ple"entation o! the rules, regulations, ad"inistrati(e orders and circulars

pro"ulgated under this Act, the a"ount o! Twenty "illion pesos #%1,111,111+11$ annually shall be appropriated !ro" theallocation o! the Supre"e Court under the >eneral Appropriations Act+ Therea!ter, such additional a"ounts as "ay be

necessary !or its continued i"ple"entation shall be included in the annual >eneral Appropriations Act+

Sectio) 1-.Act Not a Bar to Speedy Trial Claim nder t+e Constit%tion.- 7o pro(ision o! this Act shall be interpreted asa bar to any clai" o! denial o! speedy trial as re6uired by Article III, Section 09#$ o! the 0azette or

in any newspaper o! general circulation: %ro(ided, That Section 8 o! this Act shall beco"e e!!ecti(e a!ter the e*piration o!

the a!ore"entioned third-calendar-"onth period pro(ided in Section < o! this Act+

Approved: February 12, 1998

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