IF THERE ARE 2 OR MORE ACCUSED, SHOULD THEY BE TRIED JOINTLY OR SEPARATELY? As a general rule, when 2 or more accused are jointly charged with an offense, they should be tried jointly
However, the court in its discretion and upon motion of the prosecutor or any accused, may order separate trial for one of the accused
WHAT HAPPENS TO THE EVIDENCE PRESENTED IN THE TRIAL OF THE OTHER ACCUSED IF A SEPARATE TRIAL IS GRANTED? When a separate trial is demanded and granted, it is the duty of the prosecution to repeat and produce all its evidence at each and every trial, unless it has been agreed by the parties that the
evidence for the prosecution wouldn’t have to be repeated at the second trial and all the accused had been present during the presentation of the evidence of the prosecution and their attorney
had the opportunity to cross-examine the witnesses for the prosecution
X IS A PUBLIC OFFICER. HE WAS CHARGED WITH MALVERSATION OF PUBLIC FUNDS IN CONSPIRACY WITH Y, A CIVILIAN. SHOULD THEY BOTH BE TRIED IN SANDIGANBAYAN?
In case private individuals are charged as co-principals, accomplices, or accessories with public officers, they shall be tried jointly with said public officers in the proper courts which shall
exercise exclusive jurisdiction over them.