Section 11. Order of trial
Order Of Trial:
1. Prosecution presents evidence to prove the charge and, in the proper
case, the civil liability.
2. The accused presents evidence to prove his defense and damages, if any.
3. The prosecution, then the defense, may present rebuttal and
sur-rebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence.
4. Upon admission of the evidence by the parties, the case is deemed
submitted for decision.
- The order in the presentation of evidence must be followed.
The accused may not be required to present his evidence first
before the prosecution adduces its own proof.
- Where a reverse procedure was adopted without the objection
of the defendant and such procedure did not prejudice his
substantial rights, the defect is not a reversible error.
- When the accused admits the act or omission charged in the
complaint/information but interposes a lawful defense, the trial
court may allow the accused to present his defense first and
thereafter give the prosecution the opportunity to present his
A departure from the order of the trial is NOT reversible error
as where it was agreed upon or not seasonably objected to, but
not where the change in the order of the trial was timely objected
by the defense.
Where the order of the trial set forth under this section was not
followed by the court to the extent of denying the prosecution an
opportunity to present its evidence, the judgment is a NULLITY.
Prosecution begins because it has the burden of proving the guilt
of the accused, relying on the strength of its own evidence and
NOT on the weakness of the defense.
If there is not enough evidence to prove the accused’s guilt beyond
reasonable doubt, then the defense should file Demurrer to Evidence.
People v. Gutierrez, 302 SCRA 643 (1999)
- Refusal of the trial court to reverse the order of trial upon
demand of the accused who pleads self-defense as a defense is
not a reversible error.
Negative Defense vs. Affirmative Defense
Negative defense - Requires the prosecution to prove the guilt of
the accused beyond reasonable doubt.
Accused claims that one of the elements of the offense charged
is not present. It is incumbent upon the prosecution to prove the
existence of this element.
Affirmative defense - the accused admits the act or omission
charged but interposes a defense which if proven would exculpate
Section 12. Application for Examination of Witness for Accused Before
Accused may have his witness examined conditionally in his behalf
BEFORE trial upon motion with notice to all other parties:
SUCH MOTION MUST STATE:
1. Name and residence of the witness;
2. Substance of testimony;
3. Witness is so sick to afford reasonable ground to believe that he
will not be able to attend the trial OR resides more than 100km
and has no means to attend the same or other similar circumstances.