Section 4. Factors granting continuance
Factors For Granting Continuance
1. Whether the failure to grant continuance would make a continuation
of the proceeding impossible or result in a miscarriage of justice.
2. The case, as a whole, is novel, unusual and complex, or it is
unreasonable to expect adequate preparation within the periods of
time established therein.
The grant of a motion for continuance is NOT a matter of right.
The purpose of this rule is to control the discretion of the judge in
the grant of continuance on his instance or on motion of any
Section 5. Time limit following an order for new trial
- After an order for new trial is issued, the trial commences
within 30 days from notice of the order.
EXCEPTION: If the 30-day period becomes impractical due to
unavailability of the witnesses and other factors, it may be
extended by the court but in no case should it exceed 180 days
from notice of said order for new trial.
Section 6. Extended time limit
Notwithstanding the provisions of section 1(g), Rule 116 and the
preceding section 1, for the first twelve-calendar-month period
following its effectivity on September 15, 1998, the time limit with
respect to the period from arraignment to trial imposed by said provision
shall be one hundred eighty (180) days. For the second twelve-month period,
the limit shall be one hundred twenty (120) days, and for the third
twelve-month period, the time limit shall be eighty (80) days.
(sec. 7, cir. 38-98)
Section 7. Public attorney’s duties where accused is imprisoned
Public Attorneys Duties:
1. Promptly 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 requiring such person to so advise the prisoner of his right
and demand trial.
2. Upon receipt of that notice, the custodian of the prisoner shall
promptly advise the prisoner of the charge and of his right to
demand trial. If at anytime thereafter the prisoner informs his
custodian that he demands such trial, the latter shall cause notice
to that effect to be sent promptly to the public attorney.
3. Upon receipt of such notice, the public attorney shall promptly seek
to obtain the presence of the prisoner for trial.
4. When the custodian of the prisoner receives from the public attorney
a properly supported request for the availability of the prisoner for
purpose of trial, the prisoner shall be made available accordingly.
Public Attorneys referred to in this section are those attorneys of the
Public Attorney’s Office of the Department of Justice who are assisting
accused not financially capable to have a counsel of their own. These
public attorneys enter their appearance in behalf of the accused upon
his request or that of his relative or upon being appointed as counsel
de oficio by the court.
The sanctions are designed to speed up the trial and disposition of the
cases and to encourage the lawyers to go to court ready for trial and
not “ready to postpone.”