I.

When is trial conducted?

Conducted every weekdays. 8:30-12noon
Morning trial
Afternoon Pre-trial; continuation of trial

1. Arraignment jurisdiction over the person

2. Pre-trial
a. Pre-trial Order guide the conduct of the trial
3. Trial
- Begins with the presentation of evidence: Prosecution goes first; except if the
accused pleaded guilty but imposed exempting defense.
- Presentation of witnesses. arresting officer (if warrantless) or complaining
party.
- Cross examination constitutional requirement for confrontation.
o Direct examination of witnesses 1 per day
o Direct examination of witness is no longer needed to be done in open
trial JUDICIAL AFFIDAVIT RULE (2012) Substitute direct
examination
Given a date, conduct direct examination of witnesses; no need
to notify the other party; can be done in office, restaurant and
other similar places
Judicial affidavit will be presented in court; the witness must be
there to confirm
Formal offer and acceptance of evidence marks the end of initial prosecution
Consolidation of Cases speedy trial
- trial of the cases will be joint
-address to the discretion of the court
-dismissal of one case would lead to deconsolidation of the case; one will be
dismissed, the other will continue
Demurrer to evidence insufficient to prove the guilt of the accused; the
court may, on its own, dismiss the case base on demurrer to evidence and
notice should be given to the prosecution to allow such to present their
evidence
- must be file after the formal offer of evidence of the prosecution but before the
defense presents their own eveidence
-To file a leave or to file the demurrer directly
With leave vs Without leave
-if without, accused deemed to waive its right to present its own evidence
-if granted, the court can still held the accused liable as to civil liabilities
-if with, file after the prosecution rests its case.
-if leave was granted; demurrer should be filed within 10 days

-the court can treat pleadings as demurrer to evidence.