Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Trial Materials: Ballpen, Paper & Notebook

Learning Targets: At the end of the module, students will be
able to: References:
1. define what is trial, and 1. https://www.lawphil.net/courts/rules/rc
2. explain the important provisions under RULE 119 of _110-127_crim.html
Criminal Procedure

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn something new today? Great! That’s the spirit of a true student.
Welcome to our subject. Our Lesson for this subject today is about “Trial”. You are expected that at
the end of this lesson you may be able to: 1.define what is trial, and 2. explain the important
provisions under RULE 119 of Criminal Procedure.

B. MAIN LESSON

Activity 1: Content Notes (15 mins)

What is a trial?

- A trial is a coming together of parties to a dispute, to present information (in the form of
evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes.

- Is a formal meeting in a law court, at which a judge and jury listen to evidence and decide
whether a person is guilty of a crime.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Trials can be divided into types of dispute at issue.

1. Criminal

A criminal trial is designed to resolve accusations brought (usually by a government) against a

person accused of a crime. In common law systems, most criminal defendants are entitled to a trial
held before a jury. Because the state is attempting to use its power to deprive the accused of life,
liberty, or property, the rights of the accused afforded to criminal defendants are typically broad. The
rules of criminal procedure provide rules for criminal trials.

2. Civil

A civil trial is generally held to settle lawsuits or civil claims—non-criminal disputes. In some
countries, the government can both sue and be sued in a civil capacity. The rules of civil procedure
provide rules for civil trials.

3. Administrative

Although administrative hearings are not ordinarily considered trials, they retain many
elements found in more "formal" trial settings. When the dispute goes to a judicial setting, it is called
an administrative trial, to revise the administrative hearing, depending on the jurisdiction. The types of
disputes handled in these hearings are governed by administrative law and auxiliarily by the civil trial
law.

Adversarial & Inquisitorial system.

An adversarial system is that where the court acts as a referee between the prosecution and
the defence. The whole process is a contest between two parties. As regards crime these two parties
are the state & the person accused .In this process court takes a non partisan role.

An inquisitorial system is a legal system where the court is actively involved in proof of facts
by investigating the case. This system resolves disputes and achieves justice for individuals and
society.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

RULE 119

Trial

Section 1. Time to prepare for trial. — After a plea of not guilty is entered, the accused shall have at

least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt

of the pre-trial order. (sec. 6, cir. 38-98)

Section 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. (2a)

The court shall, after consultation with the prosecutor and defense counsel, set the case for

continuous trial 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. (sec. 8, cir. 38-98).

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. (n)

Section 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:

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

(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 the existence of a prejudicial question; and

(7) Delay reasonably attributable to any period, not exceeding 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

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

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. (sec. 9, cir. 38-98)

Section 4. Factors for granting continuance. — The following factors, among others, shall be

considered by a court in determining whether to grant a continuance under section 3(f) of this Rule.

(a) Whether or not the failure to grant a continuance in the proceeding would likely make a

continuation of such proceeding impossible or result in a miscarriage of justice; and

(b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of

accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation

within the periods of time established therein.

In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of

the court's calendar or lack of diligent preparation or failure to obtain available witnesses on the part

of the prosecutor. (sec. 10, cir. 38-98)

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Section 5. Time limit following an order for a new trial. — If the accused is to be tried again pursuant

to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order,

provided that if the period becomes impractical due to unavailability of witnesses and other factors,

the court may extend it but not to exceed one hundred eighty (180) days from notice of said order for

a new trial. (sec. 11, cir. 38-98)

Section 6. Extended time limit. — Notwithstanding the provisions of section 1(g), Rule 116 and the

preceding section 1, for the first twelve-calendar-month period following its effectivity on September

15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision

shall be one hundred eighty (180) days. For the second twelve-month period, the limit shall be one

hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80)

days. (sec. 7, cir. 38-98)

Section 7. Public attorney's duties where the accused is imprisoned. — If the public attorney

assigned to defend a person charged with a crime knows that the latter is preventively detained,

either because he is charged with a bailable crime but has no means to post bail, or, is charged with a

non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to

do the following:

(a) Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be

served on the person having custody of the prisoner requiring such person to advise the prisoner of

his right to demand trial.

(b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the

charge and of his right to demand trial. If at any time thereafter the prisoner informs his custodian that

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

he demands such trial, the latter shall cause notice to that effect to send promptly to the public

attorney.

(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the

prisoner for trial.

(d) When the custodian of the prisoner receives from the public attorney a properly supported request

for the availability of the prisoner for purposes of trial, the prisoner shall be made available

accordingly. (sec. 12, cir. 38-98)

Section 8. Sanctions. — In any case in which private counsel for the accused, the public attorney, or

the prosecutor.

(a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be

unavailable for trial;

(b) Files a motion solely for delay which he knows is totally frivolous and without merit;

(c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which

is material to the granting of a continuance; or

(d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court

may punish such counsel, attorney, or prosecution, as follows:

(1) By imposing on a counsel privately retained in connection with the defense of an accused, a fine

not exceeding twenty thousand pesos (P20,000.00);

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

(2) By imposing on any appointed counsel de oficio, public attorney, or prosecutor a fine not

exceeding five thousand pesos (P5,000.00); and

(3) By denying any defense counsel or prosecutor the right to practice before the court trying the case

for a period not exceeding thirty (30) days. The punishment provided for by this section shall be

without prejudice to any appropriate criminal action or other sanction authorized under these rules.

(sec. 13, cir. 38-98)

Section 9. Remedy where accused is not brought to trial within the time limit. — If the accused is not

brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by

Section 6 of this rule, the information may be dismissed on motion of the accused on the ground of

denial of his right of speedy trial. The accused shall have the burden of proving the motion but the

prosecution shall have the burden of going forward with the evidence to establish the exclusion of

time under section 3 of this rule. The dismissal shall be subject to the rules on double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to

dismiss under this section. (sec. 14, cir. 38-98)

Content and Skill-Building

Activity 2: Skill-building Activities

2.1 Define trial, enumerate the types of dispute at issue and distinguish adversarial systems
from inquisitorial systems. Write your answers below. Avoid any erasures.

Questions: Answers:

1. Trial

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

2. Types of dispute at issue

3. Distinguish adversarial
and Inquisitorial systems

2.2 Explain below the Time of trial and the continuous trial until it is terminated and also the
postponements.

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Activity 3: Check for Understanding (5 mins) The following are questions to assess your
understanding about the lesson today. You are required to identify what is being asked. Write your

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

answer on the space provided before the number. Avoid any erasures! “Check your answers against
the Key to Corrections found at the end of this SAS. Write your score on your paper.”

TRUE OR FALSE. (1 point each) Instructions: Read and analyze each statement carefully. Write your
answer in the space True if the statement is correct and False if incorrect. Write your answer on the
space provided before the number.

1. Trial is a formal meeting in a law court, at which a judge and jury listen to evidence and decide
whether a person is guilty of a crime.
2. An inquisitorial system is a legal system where the court is actively involved in proof of facts by
investigating the case.
3. After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for
trial.
4. Trial once commenced shall continue from day to day as far as practicable until terminated.
5. The trial shall commence within thirty (30) days from receipt of the pre-trial order.
6. A criminal trial is designed to not resolve accusations brought (usually by a government) against a
person accused of a crime.
7. A criminal trial is generally held to settle lawsuits or civil claims—non-criminal disputes.
8. If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence
within thirty (90) days from notice of the order
9. The police officer shall promptly undertake to obtain the presence of the prisoner for trial or cause a
notice to be served on the person having custody of the prisoner requiring such person to advise the
prisoner of his right to demand trial.
10. The prosecution shall, after consultation with the prosecutor and defense counsel, set the case for
continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to
ensure speedy trial.

C. LESSON WRAP-UP

Q1.Is trial the same as hearing?

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Answer: No. Hearings can determine temporary, agreed, or some procedural matters. The trial is
where you give evidence and arguments for the judge to use in making a final decision.

Q2. How long does the trial last?

Answer: The entire trial period should not exceed 180 days from the first day of trial, except if
authorized by the SC

Thinking about Learning

Work Tracker

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the
session number you just completed. Kindly mark the place in the work tracker to help you track how
much work they have accomplished and how much work there is left to do.

Period 1 Period 2 Period 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

1.Did you have challenges learning the concepts in this module? If none, which parts of the
module helped you learn the concepts?
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
____________ __________________________________________.

2.Some question/s I want to ask my teacher about this module is/are:

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
_________________ __________________________________________

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

ANSWER KEY: 

Rubrics on Skill Rate

Building 
Activity 2.1
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.2
Organization of 2
thoughts
Grammar  1
Readability  1
Cleanliness  1
Total 5 points
Activity 2.3
Correct answer with 2
explanation and
without erasure
Correct answer with 1
explanation but with
erasure
Incomplete answer 1
and no explanation
Correct answer with 1
explanation and
without erasure
Total 5 Points
Activity 2.4

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 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #16 Student’s Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Answer Key (True or False):

1. True
2. True
3. True
4. True
5. True
6. False
7. False
8. False
9. False
10. False

Congratulations! That's all for now; prepare ahead of time by studying topics related to the
Concept of Criminal Procedure!

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