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Course Outline PROF. MARIO E. ONGKIKO

College of Law

University of the Philippines

2ndSemester SY 2007-2008

Rule 118

(Pre-Trial)

Sec. 1 Mandatory

- Sandiganbayan/Regional Trial Court/First Level Courts

- Matters taken

(a) to (f)

- Plea-Bargaining

- proposals (481-482)

Sec. 2 Pre-Trial Agreement

- distinguish from judicial admissions

- remedy if accused did not sign pre-trial agreement

Sec. 3 Non-appearance at pre-trialOnly counsel for accused or prosecutor

Sec. 4 Pre-Trial Order

- contents

- effects

Rule 119

(Trial)

Sec. 1 Period

- to prepare

- to commence

Sec. 2 Continuous Trial

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- day-to-day

- not to exceed 180 days

except: shorter period

Sec. 3 Exclusions

a) to (f)

Sec. 4 Factors for Granting Continuance

Note exceptions to 3(f)

Sec. 5 Period for New Trial

Sec. 6 Extended time Limit180/120/80 days

Sec. 7 Public Attorneys Duties

Sec. 8 Sanctions

Fine

Sec. 9 Remedy for Violation of time Limit

- dismissal as violation of right to speedy trial

- prior to trial

Sec. 10 Not a Bar to Article III, Sec. 14(2)

Sec. 11 Order of Trial

Prosecution civil liabily

Defense damages

Rebuttal/Sur-Rebuttal

- additional evidence with leave

Decision with or without oral argument/memorandaIn case of admission of guilt,

order of trial may be modified

Sec. 12 Examination of Witness for Accused

before trial (conditional)

- requisites

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- affidavit of accused needed

Sec. 13 Examination of defense witness

Sec. 14 Bail to Secure Appearance of Material Witness

- even beyond 50 km. away

Sec. 15 Examination of Witness for Prosecution

Sec. 16 Trial of Several Accused

- before start of trial

Sec. 17 Discharge of Accused as State Witness- requisites

- admissibility

- non-admissible re motion to discharge

- distinguish:

Witness Protection Program (R.A. 6984)

- distinguish:

R.A. 6770 (Sec. 17) (Ombudsman)

- distinguish:

P.D. 749 (Violation of Internal Revenue Code and

Tariff and Customs Code)

- distinguish:

E.O. 14-A

(to be continued)

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