sic itur ad astra

Sec 1. Time to prepare for trial. – After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial . The trial shall commence within thirty (30) days from receipt of the pre-trial order . Sec. 2. Continuous trial until terminated; postponements. –   Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail 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 Supreme Court. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a...

                                      Rule 119: Trial, Demurrer to Evidence | Criminal Procedure Facts: People of the Philippines, has filed a petition for review on certiorari to nullify and set aside the Resolution of the Regional Trial Court of Manila, which acquitted  Lawrence C. Wang  of three charges. The charges against Lawrence C. Wang include violation of the  Dangerous Drugs Act, illegal possession of firearms, and violation of the Comelec Gun Ban. Wang refused to enter a plea and instead objected to the admissibility of the evidence obtained by the police operatives. The police arrested Wang based on information provided by individuals involved in illegal drug activities. The police found drugs, firearms, and cash in Wang's possession during the arrest and search. Wang filed a  Demurrer to Evidence , seeking his acquittal and the dismissal of the cases ...

                                    Rule 119: Trial, Demurrer to Evidence | Criminal Procedure Facts: The Regional Trial Court of Misamis Oriental granted the separate demurrer to evidence of accused Louel Uy and Teofilo Panangin , resulting in their "acquittal" for murder due to insufficient evidence. The victim, Rabel Campos , was found dead with multiple stab wounds on March 23, 2001, along the National Highway of Maputi, Naawan, Misamis Oriental. Teofilo Panangin, a suspect in the crime, was arrested on January 22, 2002. Panangin executed a Sworn Statement on January 23, 2002, implicating Louel Uy in the crime and providing details of the incident. The investigating judge issued a warrant of arrest against Panangin and recommended the indictment of Uy and Panangin for murder. An Information charging Uy and Panangin with murder was filed on April 5, 2002. Both accused pleaded not gui...

                                   Rule 119: Trial,  Demurrer to Evidence  | Criminal Procedure Facts: The Office of the Deputy Ombudsman for Visayas charged the following respondents with the Sandiganbayan for Falsification of Public Documents under Article 171 of RPC:  (1) Quintin Saludaga - Mayor of Lavezares, Northern Samar; (2) Arthus E. Adriatico - Revenue Collection Clerk;  (3) Romeo De Luna -  private individual. The prosecution submitted that the respondents Mayor Saludaga and Adriatico connived, confederated with, and mutually helped one another in falsifying the subject Official Receipt and the mayor's permit to make it appear tha tDe Luna was a  bona fide pakyaw    contractor. The respondents pleaded NOT guilty. After the prosecution presented its witnesses, it rested its case and submitted its formal offer of evidence, which the Sand...

                                  Rule 119: Trial, Amendment | Criminal Procedure Facts: An information for Homicide was filed against petitioner  SSGT. Jose M. Pacoy  for shooting and killing 2Lt. Frederick Esquita . Petitioner pleaded not guilty to the charge of Homicide during arraignment. On the same day, respondent judge Afable Cajigal  issued an order directing the trial prosecutor to correct and amend the Information to Murder based on the aggravating circumstance of disregard of rank. The prosecutor amended the Information to reflect Murder but with the same content as the original Homicide charge,  with the correction of the spelling of the victim’s name from "Escuita" to "Escueta." When petitioner was to be re-arraigned for Murder, his counsel objected, claiming double jeopardy since the Homicide case had been terminated without his consent. Respondent judge ...

                                 Rule 119: Trial, State Witness | Criminal Procedure Facts: In November 23, 2009, 57 innocent civilians were killed in a m assacre in Sitio Masalay, Maguindanao. Petitioner, Datu Andal Ampatuan, Jr. ,   then Mayor of Datu Unsay, was among the principal suspects. Murder charges were filed against petitioner in the RTC in Cotabato City. The Court grated the r equest to transfer the trial venue to Metro Manila to prevent a miscarriage of justice. Subsequently, a dditional murder charges filed against petitioner in Cotabato City RTC and Quezon City RTC. Petitioner pleaded not guilty to each murder charge during arraignments. In a joint resolution, the Panel of Prosecutors charged 196 individuals with multiple murder based on the twin affidavits of one  Kenny Dalandag.  Dalandag admitted into the Witness Protection Program in August 2010. Petitioner request...

                                Rule 119: Trial, Deposition | Criminal Procedure Facts: Respondents Raul Risos, et. al. were charged with Estafa Through Falsification of Public Document for allegedly falsifying a deed of real estate mortgage by making it appear that C oncepcion Cuenco Vda. de Manguerra , the owner of the mortgaged property known as the Gorordo property in Cebu, affixed her signature to the document. Concepcion was unexpectedly confined in Manila during the proceedings. Respondents filed a motion for suspension of the proceedings, arguing a prejudicial question in a related civil case on an action for declaration of nullity of the mortgage. RTC granted the motion for suspension, which was later challenged by Concepcion in a special civil action for certiorari before the CA. Concepcion's counsel filed a motion to take her deposition due to her weak physical condition a...