Article 89p. 89

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

order of a court for a new trial, the trial shall commence

within thirty (30) days from the date the order for a new

trial becomes final, except that the court retrying the

case may extend such period but in any case shall not

exceed one hundred eighty (180) days from the date

the order for a new trial becomes final if unavailability

of witnesses or other factors resulting from passage of

time shall make trial within thirty (30) days impractical.

Section 9. Extended Time Limit . - Notwithstanding the

provisions

of

Section

7

of

this

Act,

for

the

first

twelve-calendar-month period following its effectivity,

the

time

limit

with

respect

to

the

period

from

arraignment to trial imposed by Section 7 of this Act

shall be one hundred eighty (180) days. For the second

twelve-month

period

the

time

limit

shall

be one

hundred

twenty

(120)

days,

and

for

the

third

twelve-month period the time limit with respect to the

period from arraignment to trial shall be eighty (80)

days.

Section 10. Exclusions . - The following periods of delay

shall be excluded in computing the time within which

trial must commence:

(a)

Any

period

of

delay

resulting

from

other

proceedings concerning the accused, including but not

limited to the following:

(1) delay resulting from an examination of the accused,

and hearing on his/her mental competency, or physical

incapacity;

(2) delay resulting from trials with respect to charges

against the accused;

(3) delay resulting from interlocutory appeals;

(4) delay resulting from hearings on pre-trial motions:

Provided, That the delay does not exceed thirty (30)

days,

(5)

delay

resulting

from

orders

of

inhibition,

or

proceedings relating to change of venue of cases or

transfer from other courts;

(6) delay resulting from a finding of the existence of a

valid prejudicial question; and

(7) delay reasonably attributable to any period, not to

exceed thirty (30) days, during which any proceeding

concerning the accused is actually under advisement.

(b) Any period of delay resulting from the absence or

unavailability of the accused or an essential witness.

For purposes of this subparagraph, an accused or an

essential witness shall be considered absent when

his/her whereabouts are unknown and, in addition,

he/she

is

attempting

to

avoid

apprehension

or

prosecution

or

his/her

whereabouts

cannot

be

determined

by

due

diligence.

An

accused

or

an

essential

witness

shall

be

considered

unavailable

whenever his/her whereabouts are known but his/her

presence for trial cannot be obtained by due diligence

or he/she resists appearing at or being returned for trial.

(c) Any period of delay resulting from the fact that the

accused is mentally incompetent or physically unable

to stand trial.

(d) If the information is dismissed upon motion of the

prosecution and thereafter a charge is filed against the

accused for the same offense, or any offense required to

be joined with that offense, any period of delay from

the date the charge was dismissed to the date the time

limitation

would

commence

to

run

as

to

the

subsequent charge had there been no previous charge.

(e) A reasonable period of delay when the accused is

joined for trial with a co-accused over whom the court

has not acquired jurisdiction, or as to whom the time

for trial has not run and no motion for severance has

been granted.

(f) Any period of delay resulting from a continuance

granted by any justice or judge motu propio or on

motion of the accused or his/her counsel or at the

request of the public prosecutor, if the justice or judge

granted such continuance on the basis of his/her

findings that the ends of justice served by taking such

action outweigh the best interest of the public and the

defendant in a speedy trial. No such period of delay

resulting from a continuance granted by the court in

accordance with this subparagraph shall be excludable

under this section unless the court sets forth, in the

record of the case, either orally or in writing, its reasons

for finding that the ends of justice served by the

granting

of

such

continuance

outweigh

the

best

interests of the public and the accused in a speedy trial.

Section 11. Factors for Granting Continuance . - The

factors, among others, which a justice or judge shall

consider

in

determining

whether

to

grant

a

continuance under subparagraph (f) of Section 10 of

this Act are as follows:

(a) Whether the failure to grant such a continuance in

the proceeding would be likely to make a continuation

of

such

proceeding

impossible,

or

result

in

a

miscarriage of justice.

(b) Whether the case taken as a whole is so novel, so

unusual and so complex, due to the number of accused

or the nature of the prosecution or otherwise, that it is

unreasonable to expect adequate preparation within

the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10

shall be granted because of general congestion of the

court's calendar, or lack of diligent preparation or failure

to obtain available witnesses on the part of the public

prosecutor.

Section 12. Public Attorney's Duties Where Accused

is Imprisoned . - If the public attorney knows that a

person charged of a crime is preventively detained,

either because he/she is charged of a bailable crime

and has no means to post bail, or is charged of a

non-bailable

crime,

or

is

serving

a

term

of

imprisonment

in

any

penal

institution,

the public

attorney shall promptly:

(a) Undertake to obtain the presence of the prisoner for

trial, or cause a notice to be served on the person

having custody of the prisoner mandating such person

to so advise the prisoner of his/her right to demand

trial.

(b) Upon receipt of a notice, the person having custody

of the prisoner shall promptly advise the prisoner of the

charge and of his/her right to demand trial. If at any

time thereafter the prisoner informs the person having

custody that he/she demands trial, such person shall

cause notice to that effect to be sent promptly to the

public attorney.

(c) Upon receipt of such notice, the public attorney shall

promptly seek to obtain the presence of the prisoner for

trial.

(d) When the person having custody of the prisoner

receives from the public attorney a properly supported

request for temporary custody of the prisoner for trial,

the prisoner shall be made available to that public

attorney.

Section 13. Remedy Where Accused is Not Brought to

Trial Within the Time Limit . - If an accused is not

brought to trial within the time limit required by

Section 7 of this Act as extended by Section 9, the

information

shall

be

dismissed

on

motion

of the

accused. The accused shall have the burden of proof of

supporting such motion but the prosecution shall have

the burden of going forward with the evidence in

connection with the exclusion of time under Section 10

of this Act.

In determining whether to dismiss the case with or

without prejudice, the court shall consider, among

other factors, the seriousness of the offense, the facts

and

circumstances

of

the

case

which led to the

dismissal, and the impact of a reprosecution on the

implementation of this Act and on the administration

of justice. Failure of the accused to move for dismissal

© Compiled By RGL

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