Republic Act No.

8493 February 12, 1998

AN ACT TO ENSURE A SPEEDY TRIAL OF ALL CRIMINAL CASES BEFORE THE SANDIGANBAYAN, REGIONAL TRIAL
COURT, METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL COURT,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title. - This Act shall be known as the "Speedy Trial Act of 1998."

Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court, Municipal
Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the justice or judge shall,
after arraignment, order a pre-trial conference to consider the following:

(a) Plea bargaining;

(b) Stipulation of Facts;

(c) Marking for identification of evidence of parties;

(d) Waiver of objections to admissibility of evidence; and

(e) Such other matters as will promote a fair and expeditious trial.

Section 3. Pre-Trial Agreement. - All agreements or admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not
be used in evidence against the accused. The agreements in relation to matters referred to in Section 2 hereof
is subject to the approval of the court: Provided, That the agreement on the plea of the accused to a lesser
offense may only be revised, modified, or annulled by the court when the same is contrary to law, public morals,
or public policy.

Section 4. Nonappearance at Pre-Trial Conference. - Where counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an acceptable excuse for his/her lack of cooperation, the
pre-trial justice or judge may impose proper sanctions or penalties.

Section 5. Pre-Trial Order. - After the pre-trial conference, the court shall issue an order reciting the actions taken,
the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed
of and control the course of action during the trial, unless modified by the court to prevent manifest injustice.

Section 6. Time Limit for Trial. - In criminal cases involving persons charged of a crime, except those subject to the
Rules on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months
imprisonment, or a fine of One thousand pesos (P1,000.00) or both, irrespective of other imposable penalties, the
justice or judge shall, after consultation with the public prosecutor and the counsel for the accused, 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 Chief Justice of the Supreme Court pursuant to Section 3, Rule 22 of
the Rules of Court.

Section 7. Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. - The
arraignment of an accused shall be held within thirty (30) days from the filing of the information, or from the date
the accused has appeared before the justice, judge or court in which the charge is pending, whichever date
last occurs. Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to
prepare for trial. Trial shall commence within thirty (30) days from arraignment as fixed by the court.

If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative
or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond
reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove
such defense by clear and convincing evidence.

Section 8. Time Limit Following an Order for New Trial. - If the accused is to be tried again following an order of a
court for a new trial, the trial shall commence within thirty (30) days from the date the order for a new trial
becomes final, except that the court retrying the case may extend such period but in any case shall not exceed
one hundred eighty (180) days from the date the order for a new trial becomes final if unavailability of witnesses
or other factors resulting from passage of time shall make trial within thirty (30) days impractical.

Section 9. Extended Time Limit. - Notwithstanding the provisions of Section 7 of this Act, for the first twelve-
calendar-month period following its effectivity, the time limit with respect to the period from arraignment to trial
imposed by Section 7 of this Act shall be one hundred eighty (180) days. For the second twelve-month period
the time limit shall be one hundred twenty (120) days, and for the third twelve-month period the time limit with
respect to the period from arraignment to trial shall be eighty (80) days.
Section 10. 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:

(1) delay resulting from an examination of the accused, and hearing on his/her mental
competency, or physical incapacity;

(2) delay resulting from trials with respect to charges against the accused;

(3) delay resulting from interlocutory appeals;

(4) delay resulting from hearings on pre-trial motions: 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 valid prejudicial question; and

(7) delay reasonably attributable to any period, not to exceed 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 the accused or an essential
witness.

For purposes of this subparagraph, an accused or an essential witness shall be considered absent
when his/her whereabouts are unknown and, in addition, he/she is attempting to avoid
apprehension or prosecution or his/her whereabouts cannot be determined by due diligence. An
accused or an essential witness shall be considered unavailable whenever his/her whereabouts
are known but his/her presence for trial cannot be obtained by due diligence or he/she resists
appearing at or being returned for trial.

(c) Any period of delay resulting from the fact that the accused is mentally incompetent or
physically unable 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, or any offense required to be joined with that offense,
any period of delay from the date the charge was 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 severance has been granted.

(f) Any period of delay resulting from a continuance granted by any justice or judge motu propio
or on motion of the accused or his/her counsel or at the request of the public prosecutor, if the
justice or judge granted such continuance on the basis of his/her findings that the ends of justice
served by taking such action outweigh the best interest of the public and the defendant in a
speedy trial. No such period of delay resulting from a continuance granted by the court in
accordance with this subparagraph shall be excludable under this section unless the court sets
forth, in the record of the case, either orally or in writing, its reasons for finding that the ends of
justice served by the granting of such continuance outweigh the best interests of the public and
the accused in a speedy trial.

Section 11. Factors for Granting Continuance. - The factors, among others, which a justice or judge shall consider
in determining whether to grant a continuance under subparagraph (f) of Section 10 of this Act are as follows:

(a) Whether the failure to grant such a continuance in the proceeding would be likely to make a
continuation of such proceeding impossible, or result in a miscarriage of justice.

(b) Whether the case taken as a whole is so novel, so unusual and so complex, due to the number
of accused or the nature of the prosecution or otherwise, that it is unreasonable to expect
adequate preparation within the periods of time established by this Act.

No continuance under subparagraph (f) of Section 10 shall be granted because of general congestion of the
court's calendar, or lack of diligent preparation or failure to obtain available witnesses on the part of the public
prosecutor.
Section 12. Public Attorney's Duties Where Accused is Imprisoned. - If the public attorney knows that a person
charged of a crime is preventively detained, either because he/she is charged of a bailable crime and has no
means to post bail, or is charged of a non-bailable crime, or is serving a term of imprisonment in any penal
institution, the public attorney shall promptly:

(a) 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 mandating such person to so advise the prisoner of
his/her right to demand trial.

(b) Upon receipt of a notice, the person having custody of the prisoner shall promptly advise the
prisoner of the charge and of his/her right to demand trial. If at any time thereafter the prisoner
informs the person having custody that he/she demands trial, such person shall cause notice to
that effect to be sent 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 person having custody of the prisoner receives from the public attorney a properly
supported request for temporary custody of the prisoner for trial, the prisoner shall be made
available to that public attorney.

Section 13. Remedy Where Accused is Not Brought to Trial Within the Time Limit. - If an accused is not brought to
trial within the time limit required by Section 7 of this Act as extended by Section 9, the information shall be
dismissed on motion of the accused. The accused shall have the burden of proof of supporting such motion but
the prosecution shall have the burden of going forward with the evidence in connection with the exclusion of
time under Section 10 of this Act.

In determining whether to dismiss the case with or without prejudice, the court shall consider, among other
factors, the seriousness of the offense, the facts and circumstances of the case which led to the dismissal, and
the impact of a reprosecution on the implementation of this Act and on the administration of justice. Failure of
the accused to move for dismissal prior to trial or entry of a plea of guilty shall constitute a waiver of the right to
dismissal under this section.

Section 14. Sanctions. - In any case in which counsel for the accused, the public prosecution or public attorney:

(a) knowingly allows the case to be set for trial without disclosing the fact that a necessary witness
would be unavailable for trial;

(b) files a motion solely for the purpose of delay which he/she knows is totally frivolous and without
merit;

(c) makes a statement for the purpose of obtaining continuance which he/she knows to be false
and which is material to the granting of a continuance; or

(d) otherwise willfully fails to proceed to trial without justification consistent with the provisions of
this Act, the court may, without prejudice to any appropriate criminal and/or administrative
charges to be instituted by the proper party against the erring counsel if and when warranted,
punish any such counsel or attorney, as follows:

(1) in the case of a counsel privately retained in connection with the defense of an
accused, by imposing a fine not exceeding; fifty percent (50%) of the compensation to
which he/she is entitled in connection with his/her defense of the accused;

(2) by imposing on any appointed counsel de officio or public prosecutor a fine not
exceeding Ten thousand pesos (10,000.00); and

(3) by denying any defense counsel or public prosecutor the right to practice before the
court considering the case for a period not exceeding thirty (30) days.

The authority to punish provided for by this section shall be in addition to any other authority or
power available to the court. The court shall follow the procedures established in the Rules of
Court in punishing any counsel or public prosecutor pursuant to this section.

Section 15. Rules and Regulations. - The Supreme Court shall promulgate rules, regulations, administrative orders
and circulars which shall seek to accelerate the disposition of criminal cases. The rules, regulations, administrative
orders and circulars formulated shall provide sanctions against justices and judges who willfully fail to proceed to
trial without justification consistent with the provisions of this Act.

Section 16. Funding. - For the effective implementation of the rules, regulations, administrative orders and circulars
promulgated under this Act, the amount of Twenty million pesos (P20,000,000.00) annually shall be appropriated
from the allocation of the Supreme Court under the General Appropriations Act. Thereafter, such additional
amounts as may be necessary for its continued implementation shall be included in the annual General
Appropriations Act.

Section 17. Act Not a Bar to Speedy Trial Claim Under the Constitution. - No provision of this Act shall be interpreted
as a bar to any claim of denial of speedy trial as required by Article III, Section 14(2) of the 1987 Constitution.

Section 18. Repealing Clause. - All laws, presidential decrees, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 19. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions
shall remain in effect.

Section 20. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or in any newspaper of general circulation: Provided, That Section 7 of this Act shall become effective
after the expiration of the aforementioned third-calendar-month period provided in Section 9 of this Act.

Approved: February 12, 1998

Circular No. 38-98 [dated August 11, 1998]
[Implementing the Provisions of Republic Act No. 8493, Entitled "An Act to Ensure a Speedy Trial of
All Criminal Cases Before the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, Appropriating Funds Therefor, and for
Other Purposes"]

SECTION 1. Purpose of Circular. - This Circular is promulgated for the purpose of implementing the provisions of
Republic Act No. 8493, otherwise known as the "Speedy Trial Act of 1998", as directed in Section 15
thereof.cralaw

SEC. 2. Time Limit for Arraignment and Pre-Trial.- The arraignment and the pre-trial if the accused pleads not
guilty to the crime charged, shall be held within thirty (30) days from the date the court acquires jurisdiction
over the person of the accused. The period of the pendency of a motion to quash, or for a bill of particulars, or
other causes justifying suspension of arraignment shall be excluded.cralaw

SEC. 3. Mandatory Pre-Trial in Criminal Cases.- In all criminal cases cognizable by the Sandiganbayan, Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit
Trial Court, the court shall, after arraignment, order a pre-trial conference to consider the following:

[a] Plea bargaining;

[b] Stipulation of facts;
[c] Marking for identification of evidence of the parties;
[d] Waiver of objections to admissibility of evidence; and
[e] Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
If the accused has pleaded not guilty to the crime charged, he may state whether he interposes a negative or
affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused
beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused
to prove such defense by clear and convincing evidence.

SEC. 4. Pre-Trial Agreement.- All agreements or admissions made or entered into during the pre-trial conference
shall be reduced to writing and signed by the accused and counsel, otherwise the same shall not be used
against the accused. The agreements in relation to matters referred to in Section 3 hereof are subject to the
approval of the court: Provided, That the agreement on the plea of the accused should be to a lesser offense
necessarily included in the offense charged.cralaw

SEC. 5. Non-appearance at Pre-Trial Conference.- Where counsel for the accused or the prosecutor does not
appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the
court may impose proper sanctions or penalties.cralaw

SEC. 6. Pre-Trial Order.- After the pre-trial conference, the court shall issue an order reciting the actions taken,
the facts stipulated, and the evidence marked. Such order shall bind the parties, limit the trial to matters not
disposed of and control the course of action during the trial, unless modified by the court to prevent manifest
injustice.cralaw

Thereafter, where a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for
trial which shall commence within thirty (30) days from receipt of the pre-trial order.cralaw

SEC. 7. Extended Time Limit.- Notwithstanding the provisions of the preceding Sections 2 and 6 for the first
twelve-calendar-month period following its effectivity, 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 time limit shall be one hundred twenty (120) days, and for the third twelve-month period, the
time limit shall be eighty (80) days.cralaw

SEC. 8. Time Limit for Trial.- In criminal cases involving persons charged with a crime, except those subject to the
Rule on Summary Procedure, or where the penalty prescribed by law does not exceed six (6) months
imprisonment, or a fine of one thousand pesos (P1,000.00) or both, irrespective of other imposable penalties,
the court shall, after consultation with the public prosecutor and the counsel for the accused, 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 Court Administrator pursuant to Section 2, Rule 30 of the Rules of
Court.cralaw

SEC. 9. 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:
(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 on 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 valid prejudicial question; and

(7) delay reasonably attributable to any period, not to exceed 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. An essential witness 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 fact that the accused is mentally incompetent or
physically unable 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 dismissed to the date the
time limitation would commence to run as to the subsequent charge had there been 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
such continuance on the basis of his 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. 10. Factors for Granting Continuance.- The following factors, among others, shall be considered by a court
in determining whether to grant a continuance under subparagraph (f) of Section 9 hereof:
(a) Whether or not the failure to grant a continuance in the proceeding would be likely to 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 otherwise, that it is unreasonable
to expect adequate preparation within the periods of time established herein.
No continuance under subparagraph (f) of Section 9 hereof 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 public
prosecutor.
SEC. 11. Time Limit Following on Order for New Trial.- If the accused is to be tried again pursuant to an order of a
court for a new trial, the trial shall commence within thirty (30) days from notice of that order, except that the
court retrying the case may extend such period but not to exceed one hundred eighty (180) days from notice
of said order for a new trial if unavailability of witnesses or other factors make trial within thirty (30) days
impractical.

SEC. 12. Public Attorney's Duties Where 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 and 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:

(a) The public attorney 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 so advise the
prisoner of his right to demand trial.
(b) Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of
the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he
demands such trial, the latter shall cause notice to that effect to be sent 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 person having custody of the prisoner receives from the public attorney a
properly supported request for the availability of the prisoner for purposes of the trial,
the prisoner shall be made available accordingly.
SEC. 13. 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 the fact that a necessary
witness would be unavailable for trial;
(b) files a motion solely for the purpose of 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) otherwise willfully fails to proceed to trial without justification consistent with the provisions hereof, the court
may punish any such counsel, attorney or prosecutor, as follows:
(1) in the case of a counsel privately retained in connection with the defense of an
accused, by imposing a fine not exceeding twenty thousand pesos (P20,000.00);
(2) by imposing on any appointed counsel de oficio, public attorney or public prosecutor a fine not
exceeding five thousand pesos (P5,000.00); and
(3) by denying any defense counsel or public prosecutor the right to practice before
the court considering the case for a period not exceeding thirty (30) days.
The authority to punish provided for by this section shall be without prejudice to any appropriate criminal action
or any other sanction authorized under the Rules of Court.
SEC. 14. 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 Sections 2 and 6 hereof, as extended by Section 7, the information may be
dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have
the burden of proving such motion but the prosecution shall have the burden of going forward with the
evidence in connection with the exclusion of time under Section 9 hereof. 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.cralaw

SEC. 15. Republic Act No. 8493 Not a Bar to Provision on Speedy Trial in the Constitution.- No provision of
Republic Act No. 8493 shall be interpreted as a bar to any charge of denial of speedy trial as provided by
Article III, Section 14(2), of the 1987 Constitution.cralaw

SEC. 16. Effectivity.- This Circular shall be published in two (2) newspapers of general circulation and shall take
effect on September 15, 1998.

August 11, 1998.

(Sgd.) ANDRES R. NARVASA
Chief Justice