To curb delays, the Supreme Court (SC) has proposed the prohibition of postponements in the proceedings on criminal cases pending with the trial courts.
The proposed amendments to the Rules of Criminal Procedure envisioned by the SC would allow postponements only for those based on fortuitous events, force majeure, or physical inability of the lawyer to appear and the witnesses to testify.
However, the postponement – whether oral or written – should be accompanied by an original receipt of the payment of the postponement fee.
SC Associate Justice Rodil V. Zalameda, chairperson of the SC’s Sub-Committee on the Revision of the Rules of Criminal Procedure, said that the introduction of postponement fees “has generated strong reactions” and has prompted calls for clarity in its application.
Thus, the SC has started its regional consultations on the proposed amendments to the Rules of Criminal Procedure. The recent consultation was held at the Western Mindanao State University (WMSU) in Zamboanga City where more than 120 judges, court personnel, private and public law practitioners, and members of the academe attended.
“This is the very reason why we visit different parts of the country during these consultations. These discussions and reactions are essential as we navigate the initial challenges posed by these proposed rules,” Zalameda said.
He stressed that “the Judiciary welcomes these candid discussions as part of a broader consultation process aimed at refining the rules to uphold justice while balancing procedural efficiency.”
Chief Justice Alexander G. Gesmundo has appealed to all justice stakeholders to work with the SC in the revision of the Rules of Criminal Procedure.
Gesmundo pointed out that the revision in the courts would make court processes “more efficient while guaranteeing that our people’s rights are never sacrificed at the altar of expediency.”
The SC’s Public Information Office (SC-PIO) said that among the proposed amendments are new concepts of conditional arraignment, custodial hearing vis-à-vis applications for bail, a certified DNA (deoxyribonucleic acid) test result as a new ground for a motion for new trial, and vesting exclusive jurisdiction to the Department of Justice to conduct preliminary investigations.
It also said the proposed amendments has clarificatory provisions on: (1) the venue for criminal actions involving violations of the Cybercrime Prevention Act of 2012; (2) guidelines which allow the aggrieved party to impute civil liability arising from other sources of obligation, other than delict, against the accused, despite the latter’s acquittal; and (3) the express inclusion of other civil actions pending before administrative bodies, as a possible ground for the invocation of the rules on prejudicial question.
During the Zamboanga City consultation, the SC-PIO said that Associate Justice Jhosep Y. Lopez, vice-chairperson of the Sub-Committee, reiterated that the SC is considering all stakeholders’ input during the discussions to help the Court better address their concerns.
Associate Justice Antonio T. Kho Jr., in his closing remarks read for him by Associate Justice Jose Midas P. Marquez, said the SC “will seriously and carefully consider their contributions, whether they are for or against the Proposed Amendments.”
The salient provisions in the proposed amendments were presented to the participants by Sub-Committee Members Judge Elisa R. Sarmiento-Flores of Branch 71, Regional Trial Court (RTC), Pasig City and Judge Virgilio V. Macaraig of Branch 37, RTC, Manila.
Sandiganbayan Justice Bayani H. Jacinto, a member of the Technical Working Group for Forms under the Sub-Committee, presented the draft forms for the Rules of Criminal Procedure.
SSC Spokesperson lawyer Camille Sue Mae L. Ting presented a recap of the comments and recommendation of the participants.
The Australian Government, through its Fostering Advancement of Inclusive and Rights-Based Justice Program (FAIR Justice) represented by lawyer Rommel Alim Abitria, expressed a message of support for the latest SC initiative, while WMSU Officer-in-Charge Dr. Teresita Narvaez delivered the welcome remarks.
The next regional consultations will be held in Bacolod City, Tagbilaran City, and Metro Manila.