Continuous Trial System
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 shorter period of trial.
WHAT PROCEDURE IS USED TO AVAIL HIS RIGHT TO SPEEDY TRIAL?
> Continuous trial system—a tool for the early and expeditious disposition of a case
WHAT IS THE CONTINUOUS TRIAL SYSTEM?
> 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.
HOW DO YOU ENSURE CONTINUOUS TRIAL SYSTEM?
> There must be a time limit within which the case should be terminated
WHAT ARE THE DUTIES OF THE PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM?
1. Adhere faithfully to the session hours prescribed by laws
2. Maintain full control of the proceedings
3. Efficiently allocate and use time and court resources to avoid court delays
IS THE TIME LIMIT ABSOLUTE?
> No
IN WHICH CASES IS THE TIME LIMITATION NOT APPLICABLE?
1. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY PROCEDURE OR THOSE WHERE THE PENALTY DOESN’T EXCEED 6 MONTHS IMPRISONMENT OR A FINE OF P1000: governed by the
rules on summary procedure
2. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO DEFINITE DATE OF RETURN—trial shall commence within 3 days from the date of arraignment, and cannot be postponed except on
grounds over which the accused has no control
3. CHILD ABUSE CASES—trial shall commence within 3 days from arraignment and cannot be postponed except on grounds of illness of the accused or other grounds beyond his control
4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial shall be finished within 3 months from the filing of the information
5. KIDNAPPING, ROBBERY IN A BAND, ROBBERY AGAINST A BANKING OR FINANCIAL INSTITUTION, VIOLATION OF THE CARNAPPING ACT, AND OTHER HEINOUS CRIMES—trial shall be finished within 60 days from the first day of trial
