Article 63p. 63

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

underlying the rule is not to let a crime that has

been committed go unpunished; so an accused

who is not the most guilty is allowed

to

testify

against the

most guilty,

in order to achieve the

greater purpose of securing the conviction of the

more or most guilty and the greatest number

among the accused permitted to be convicted for

the offense they committed.' However, although an

accused did not commit anv of the stabbing, it is a

mistake to discharge him as a state \\witness where

he is bound in a conspiracy. All the perpetrators of

the offense bound in conspiracy are equally guilty.

Said accused has not at any time been convicted of any

offense involving moral turpitude.

Evidence adduced in support of the discharge shall

automatically form part of the trial. If the court denies

the motion for discharge of the accused as state

witness, his sworn statement shall be inadmissible in

evidence.

SEC. 8.

Witness protection . - An accused who is

discharged from an information or criminal complaint

in order that he may be a state witness as provided in

the

preceding

section

may, upon his petition, be

admitted to the Witness Protection Program under R.A.

No.6981, "The Witness Protection, Security and Benefit

Act" if he complies with the other requirements of said

Act.

SEC. 9. Other persons who may avail of the Witness

Protection Program . - The following may also avail of the

Witness Protection Program under R.A. No. 6981:

a)

Any

person

who

has

witnessed

or

has

knowledge

of

or

information

on

the

commission of a crime and has testified or is

testifying

or is about to testify before any

judicial or quasi-judicial body, or before any

investigating authority, Provided, that:

i)

the offense in which his testimony will be

used is a grave felony as defined under the

Revised Penal Code or its equivalent under

special laws;

ii)

his

testimony

can

be

substantially

corroborated on its material points;

iii)

he or any member of his family within the

second civil degree of consanguinity or

affinity is subjected to threats to his life or

bodily injury or there is a likelihood that he

will be killed, forced, intimidated, harassed

or corrupted to prevent him from testifying,

or to testify falsely or evasively, because or

on account of his testimony; and

iv)

he is not a law enforcement officer, even if

he would be testifying against other law

enforcement officers.

In such a case, only

the immediate members of his family may

avail themselves of the protection provided

for under the Act.

b)

Any

person

who

has

participated

in

the

commission of a crime and desires to be a

witness for the State, whenever the following

circumstances are present:

i)

the offense in which testimony will be used

is a grave felony as defined under the

Revised Penal Code or its equivalent under

special laws;

ii)

there

is

absolute

necessity

for

his

testimony;

iii)

there is no other direct evidence available

for the proper prosecution of the offense

committed;

iv)

his

testimony

can

be

substantially

corroborated on its material points;

v)

he does not appear to be the most guilty;

and

vi)

he has not at any time been convicted of

any crime involving moral turpitude.

SEC.

10.

Motions

for

postponement

of

accused . -

Motions for postponement that are initiated by the

accused should be vigorously opposed by the Trial

Prosecutor and he should make of record his objections

thereto, leaving to the court's discretion the disposition

of the subject motions.

SEC. 11. Discontinuance of proceedings . - During the

presentation of the prosecution's evidence, the Trial

Prosecutor shall not cause or allow the discontinuance

of

the

proceedings

except

for

other

similarly

compelling reasons not attributable to him.

SEC. 12. Presentation of evidence . - Each party is bound

to complete the presentation of his evidence within the

trial dates assigned to him. After the lapse of said dates,

the party is deemed to have completed his evidence

presentation. However, upon verified motion based on

serious

reasons,

the

judge

may

allow

the

party

additional trial dates in the afternoon; provided that

said extension will not go beyond the three-month limit

computed from the first trial date.

Where a Trial Prosecutor, without good cause, secures

postponements of the trial over the objections of a

defendant beyond a reasonable period of time, the

accused

is

entitled

to

relief

by

a

proceeding

in

mandamus to compel a dismissal of the information, or

if he be restrained of his liberty, by habeas corpus to

obtain his freedom.

SEC. 13. Order of trial .- Upon receipt of the notice of trial,

the prosecutor shall review the record of the case for

trial and complete his preparation therefore bearing in

mind that trial, once commenced, may continue from

day to day until terminated, and that trial shall proceed

in the following order pursuant to Sec. 3, Rule 119 of the

Rules of Criminal Procedure:

a)

The prosecution shall present evidence to prove the

charge and, in the proper case, the civil liability.

b)

The accused may present evidence to prove his

defense, and damages, if any, arising from the

issuance of any provisional remedy in the case.

c)

The parties may then respectively present rebutting

evidence only, unless the court, in furtherance of

justice,

permits

them

to

present

additional

evidence bearing upon the main issue.

d)

Upon admission of the evidence, the case shall be

deemed submitted for decision unless the court

directs the parties to argue orally or

to submit

memoranda.

e)

However, when the accused admits the act or

omission charged in the complaint or information

but interposes a lawful defense, the order of trial

may be modified accordingly.

SEC. 14.

Presentation of witnesses .- The order in the

presentation of witnesses shall, as far as practicable,

conform to the logical sequence of events obtaining in

the case on trial in order to present a clear, organized

and coherent picture to the court of the prosecution's

evidence.

For example, in the case of prosecution under the

Dangerous Drugs Law, the Trial Prosecutor should

present

the

forensic

chemist

who

examined

the

dangerous drug ahead of the other witnesses in order

that the court may at once have a view of the real

evidence

(either

the

prohibited or regulated drug

subject of the case) and so that such evidence may

immediately identified by the other witnesses thus

avoiding the recall of witnesses later on.

The

rule

of

logical sequencing notwithstanding, a

witness whose testimony is vital to the case and whose

life is in danger or who may be sick/injured arid may

possibly die, should be made to testify as early as

practicable.

SEC.

15.

Examination

of

witnesses

for

the

© Compiled By RGL

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