Article 88p. 88

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

ARTICLE XIII Action to Protect Witnesses and

Implementors

If a witness is admitted to the Program, or is being

assessed for possible coverage, the Chief Implementor

may take such action as he considers necessary and

reasonable to protect the witness' safety and welfare,

while also protecting his own safety and that of the PD,

APD, RI, Program personnel and handling prosecutors

to the extent that is authorized by law.

ARTICLE XIV Confidentiality

All matters involving the application to, and coverage

under, the Program shall be confidential in nature. No

information

or

document

relative thereto shall be

disclosed or released except upon written order of the

Chief Implementor or the Court.

ARTICLE XV Violations and Penalty

The following acts shall be penalized according to law:

SECTION

1.

Violation

of

the

confidentiality

of

the

proceedings involving coverage in the Program and the

action taken thereon.

SECTION 2. Failure or refusal to testify or to continue to

testify, without just cause when lawfully obliged to do

so. If a witness testifies falsely or evasively or fails or

refuses

to

testify,

or

violates

any

condition

accompanying such immunity without just cause, the

enjoyment of all rights and benefits under R.A No. 6981

shall be deemed terminated.

SECTION 3. Giving false testimony or producing false

evidence.

SECTION 4. Harassment of witness thereby hindering,

delaying, preventing or dissuading him from:

a.

attending

or

testifying

before

any

judicial

or

quasi-judicial body or investigating authority;

b. reporting to a law enforcement officer or judge the

commission or possible commission of an offense, or a

violation of conditions of probation, parole, or release

pending judicial proceedings;

c. seeking the arrest of another person in connection

with the offense;

d. causing a criminal prosecution, or a proceeding for

the revocation of a parole or probation;

e. performing and enjoying the rights and benefits

under this Act or attempts to do so.

ARTICLE XVI Effectivity

These

Implementing

Rules

and

Regulations

shall

become effective after fifteen (15) days following their

publication in two (2) newspapers of general circulation.

DONE this 16th day of December, 2012 in the City of

Manila.

(The 2012 Implementing Rules and Regulations of R.A.

No. 6981, IRR-RA 6981, [December 16, 2012])

RA No 8493 | Speedy Trial Act of 1998

February 12, 1998

AN ACT TO ENSURE A SPEEDY TRIAL OF ALL

CRIMINAL CASES BEFORE THE SANDIGANBAYAN,

REGIONAL TRIAL COURT, METROPOLITAN TRIAL

COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL

CIRCUIT TRIAL COURT, APPROPRIATING FUNDS

THEREFOR, AND FOR OTHER PURPOSES

Be

it

enacted

by

the

Senate

and

House

of

Representatives

of

the

Philippines

in

Congress

assembled: :

Section 1. Title . - This Act shall be known as the

" Speedy Trial Act of 1998 ."

Section 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

justice or judge shall, after arraignment, order a pre-trial

conference to consider the following:

(a) Plea bargaining;

(b) Stipulation of Facts;

(c) Marking for identification of evidence of parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and

expeditious trial.

Section 3. Pre-Trial Agreement . - All agreements or

admissions made or entered into during the pre-trial

conference shall be reduced to writing and signed by

the accused and counsel, otherwise the same shall not

be

used

in

evidence

against

the

accused.

The

agreements in relation to matters referred to in Section

2

hereof

is

subject to the approval of the court:

Provided, That the agreement on the plea of the

accused

to

a

lesser offense may only be revised,

modified, or annulled by the court when the same is

contrary to law, public morals, or public policy.

Section 4. Nonappearance at Pre-Trial Conference . -

Where counsel for the accused or the prosecutor does

not appear at the pre-trial conference and does not

offer

an

acceptable

excuse

for

his/her

lack

of

cooperation, the pre-trial justice or judge may impose

proper sanctions or penalties.

Section

5.

Pre-Trial

Order .

-

After

the

pre-trial

conference, the court shall issue an order reciting the

actions

taken,

the

facts

stipulated,

and

evidence

marked. Such order shall bind the parties, limit the trial

to matters not disposed of and control the course of

action during the trial, unless modified by the court to

prevent manifest injustice.

Section 6. Time Limit for Trial . - In criminal cases

involving persons charged of a crime, except those

subject to the Rules on Summary Procedure, or where

the penalty prescribed by law does not exceed six (6)

months imprisonment, or a fine of One thousand pesos

(P1,000.00) or both, irrespective of other imposable

penalties, the justice or judge shall, after consultation

with the public prosecutor and the counsel for the

accused, set the case for continuous trial on a weekly or

other short-term trial calendar at the earliest possible

time so as to ensure speedy trial. In no case shall the

entire trial period exceed one hundred eighty (180) days

from

the

first

day

of

trial,

except

as

otherwise

authorized by the Chief Justice of the Supreme Court

pursuant to Section 3, Rule 22 of the Rules of Court.

Section 7. Time Limit Between Filing of Information

and Arraignment and Between Arraignment and

Trial . - The arraignment of an accused shall be held

within thirty (30) days from the filing of the information,

or from the date the accused has appeared before the

justice, judge or court in which the charge is pending,

whichever date last occurs. Thereafter, where a plea of

not guilty is entered, the accused shall have at least

fifteen

(15)

days

to

prepare

for

trial.

Trial

shall

commence within thirty (30) days from arraignment as

fixed by the court.

If the accused pleads not guilty to the crime charged,

he/she shall state whether he/she interposes a negative

or affirmative defense. A negative defense shall require

the prosecution to prove the guilt of the accused

beyond reasonable doubt, while an affirmative defense

may modify the order of trial and require the accused

to

prove

such

defense

by

clear

and

convincing

evidence.

Section 8. Time Limit Following an Order for New

Trial . - If the accused is to be tried again following an

© Compiled By RGL

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