Sec. 3. Exclusions. - The following periods of delay shall be excluded in computing the time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:
(1) Delay resulting from an examination of the physical and mental condition of the accused;
(2) Delay resulting from proceedings with respect to other criminal charges against the accused;
(3) Delay resulting from extraordinary remedies against interlocutory orders;
(4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
(6) Delay resulting from a finding of existence of a prejudicial question; and
(7) Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement.
(b) Any period of delay resulting from the absence or unavailability of an essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.
(c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial.
(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted.
(f) Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial.
WHAT ARE THE PERIODS THAT SHOULD BE EXCLUDED IN COMPUTING THE TIME WITHIN WHICH TRIAL MUST COMMENCE?
1. Any period of delay resulting from other proceedings concerning the accused.
2. Any period of delay resulting from the absence or unavailability of an essential witness.
3. Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial.
4. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was
dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.
5. A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no
motion for separate trial has been granted.
6. Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance
on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial.
WHAT ARE EXAMPLES OF OTHER PROCEEDINGS CONCERNING THE ACCUSED WHICH SHOULD BE EXCLUDED FROM THE COMPUTATION OF TIME?
1. Delay resulting from an examination of the physical and mental condition of the accused;
2. Delay resulting from proceedings with respect to other criminal charges against the accused;
3. Delay resulting from extraordinary remedies against interlocutory orders;
4. Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days;
5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
6. Delay resulting from a finding of existence of a prejudicial question; and
7. Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement (careful consideration).
