Ex Motion for Determination of Probable Cause Motion for PI beyond the 5 day

Ex motion for determination of probable cause motion

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} Ex. Motion for Determination of Probable Cause, Motion for PI beyond the 5 day period etc. } Motion for postponement is prohibited , except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify.
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Continuous Trial Salient Features } Arraignment and Pre-trial shall be set within ten (10) calendar days from date of the court s receipt of the case for a detained accused, and within thirty (30) calendar days from the date the court acquires jurisdiction over a non-detained accused . } In multiple cases, the court, upon personal examination of the accused may allow a waiver of the reading of the information upon the full understanding and express consent of the accused and his/her counsel. } Plea bargaining shall immediately proceed with the conformity of the public prosecutor and the private offended part in private crimes, or the arresting officer in victimless crimes.
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Continuous Trial Salient Features } Pre-trial shall proceed even in the absence of parties provided, they were notified and the counsel for the accused is present. } For First Level Courts, in all criminal cases, including those covered by the Rule on Summary Procedure , the testimonies of witnesses shall consist of the duly subscribed written statements given to law enforcement officers or the affidavits or counter-affidavits submitted before the investigating prosecutor and if such are not available, testimonies shall be in the form of judicial affidavits. } The court shall strictly adhere to the rule that a witness has to be fully examined in one (1) day.
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Continuous Trial Salient Features } The offer of evidence, the comment/objection thereto, and the court ruling thereto shall be made orally in open court on the same day after the presentation of the last witness either for the prosecution or for the defence. The court shall ensure that the offered evidence are submitted to court on the same day it is offered. } If the accused orally moves for leave of court to file a demurrer to evidence, the court shall orally resolve the same. If the motion for leave is denied, the court shall issue an order for the accused to present and terminate his/her evidence on the dates previously agreed upon, and to orally offer and rest his/her case on the day his/her last witness is presented.
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Continuous Trial of Criminal Cases (Non- Drug Cases)
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Continuous Trial of Criminal Cases } Flowchart for Environmental Cases: } Flowchart for IPR Cases: } Flowchart for Cases referred to Mediation:
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  • Fall '19
  • Gilbert R. Huafana

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