Article 62p. 62

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

rules shall apply to cases where the accused pleads

guilty to a lesser offense:

a)

The Trial Prosecutor shall immediately move for the

suspension

of

the

proceedings

whenever

the

accused manifests his intention in court to plead

guilty to a lesser offense. This will enable the Trial

Prosecutor to evaluate the implications of the offer.

b)

If the lesser offense to which the accused will plead

guilty is not a capital offense, the Trial Prosecutor

may dispense with the presentation of evidence

unless the court directs otherwise.

c)

The

Trial

Prosecutor,

with

the

consent of the

offended party, may motu proprio agree to the offer

of the accused to plead guilty to a lesser offense if

the

penalty

imposable

therefor

is

prision

correccional (maximum of six [61 years) or less or a

fine not exceeding P12,000.00.

d)

When

the

penalty

imposable

for

the

offense

charged is prision mayor (at least six [6] years and

one [11 day or higher) or a fine exceeding ~12,000.00,

the

Trial

Prosecutor

shall

first

submit

his

comment/recommendation to the City or Provincial

Prosecutor or to the Chief State Prosecutor, as the

case may be, for approval. If the recommendation is

approved in writing, the Trial Prosecutor, may, with

the consent of the offended party, agree to a plea of

guilty to a lesser offense. For this purpose, the Chief

State Prosecutor or the Provincial or City Prosecutor

concerned shall act on the recommendation of the

Trial Prosecutor within forty-eight (48) hours from

receipt thereof. In no case shall the subject plea to a

lesser

offense

be

allowed

without

the

written

approval of the above respective heads of office.

e)

In all cases, the penalty for the lesser offense to

which the accused may be allowed to plead guilty

shall not be more than two (2) degrees lower than

the imposable penalty for

the

crime

charged,

notwithstanding

the

presence

of

mitigating

circumstances. The lesser offense shall also be one

that is necessarily related to the offense charged or

the offense must belong to the same classification

or

title under the Revised Penal Code or the

relevant special laws.

80

However, the plea of guilty to a lesser offense may not

be allowed where it so contravenes lo~

nd common

sense as to be unconscionable, thereby resulting in us,

where the offense charged is homicide, a plea of guilty

to a lesser offense of frustrated or attempted homicide,

may not be allowed, since the fact of death cannot be

reconciled with the plea of guilty to frustrated or

attempted homicide. Homicide necessarily produces

death, while frustrated or attempted homicide does

not.

81

SEC. 5. when accused pleads guilty to a capital offense . -

If the accused pleads guilty to a capital offense, the Trial

Prosecutor must present evidence to prove the guilt of

the accused and the precise degree of his culpability.

This is mandatory.

PART IXڈ TRIALڒ

SECTION 1. Definition of trial . - A trial is a judicial

examination of the claims at issue in a case which are

presented by the prosecution and defense to enable

the court to arrive at a judgment pronouncing either

the guilt or innocence of the accused.

SEC. 2. Concept of trial . - The object of a trial is to mete

out justice, and to convict the guilty and protect the

innocent. Thus, the trial should be a search for the truth

and not a contest over technicalities and must be

conducted

under

such

rules

as

will

protect

the

innocent.

80 Department of Justice Circular No.55, dated 31 July 1990.

81 Amatan vs. Aujero 248 SCRA 511(1995).

SEC. 3. Expeditious prosecution of criminal cases filed

with the courts . -The Trial Prosecutor shall always be

prepared to conduct the prosecution with his witnesses

who shall be subpoenaed well in advance of the

scheduled trial dates. No postponement of the trial or

other proceedings of a criminal case shall be initiated or

caused by the Trial Prosecutor except in instances

where the postponement is occasioned by the absence

of material witnesses or for other causes beyond his

control or not attributable to him.

SEC. 4. Order of presentation of witnesses . -

a)

The order in the presentation of witnesses will be

left

to

the

discretion

of

the

Trial

Prosecutor.

However,

the

prosecutor

should

take

into

consideration the order of events as established by

the evidence of the prosecution.

b)

Witnesses who will testify for the first time shall be

afforded the opportunity to be advised to observe

criminal

proceedings

in

court

to

help

them

overcome their anxiety, excitement and tension.

SEC. 5. Preparation of formal offer of exhibits . - The Trial

Prosecutor shall safely keep his documentary and other

physical evidence and prepare a list thereof in the order

they have been marked as exhibits, identifying each by

letter or number, describing it briefly, and stating its

specific purpose or purposes.

SEC. 6. Defense evidence . -

a)

Before reception of evidence for the defense starts,

the Trial Prosecutor shall ask from the adverse

counsel the number of witnesses he intends to

present.

b)

If the names of defense witnesses are disclosed the

Trial Prosecutor shall elicit from reliable sources the

whereabouts

of

these

witnesses,

their

moral

character, background, reasons for testifying and

relationship with the accused, among other things,

to enable him to have a clear view of the defense of

the accused.

SEC. 7. Discharge of accused to be state witness . -

When two or more persons are jointly charged with the

commission

of

any

offense,

upon

motion

of

the

prosecution before resting its case, the court may direct

one or more of the accused to be discharged with their

consent so that they may be witnesses for the state

provided the court, after hearing, is satisfied that:

a)

There is absolute necessity for the testimony of the

accused whose discharge is requested.

b)

There is no other direct evidence available for the

proper

prosecution

of

the

offense

committed,

except the testimony of said accused,6 as when he

alone has knowledge of the crime, and not when

his

testimony

would

simply

corroborate

or

otherwise strengthen the evidence in the hands of

the prosecution;

c)

The testimony of said accused can be substantially

corroborated

in

its

material

points.

This is an

indispensable requirement because it is a notorious

fact in human nature that a culprit, confessing to a

crime, is likely to put the blame on others rather

than himself.

Thus, even though a court may get

the statement of a discharged accused that other

particular persons were engaged in the crime, it is

unsafe to accept without corroborating evidence,

his statements concerning the relative blame to be

attached to different members of his gang;

d)

Said accused does not appear to be the most

guilty.9 The mere fact that the witness sought to be

discharged

had

pleaded

guilty

In

the

crime

charged

does

not

violate

the

rule

that

the

discharged defendant must not "appear to be the

most guilty”. And even if the witness should lack

some of the qualifications enumerated by Sec. 9,

Rule 119, his testimony will

not,

for that reason

alone, be discarded or disregarded.10

The ground

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