SPEEDY TRIAL ACT OF 1998

Case Overview and Summary

Summary of Republic Act No. 8493 (Speedy Trial Act of 1998)

Mandatory Pre-Trial in Criminal Cases (Section 2)
- Judges shall order a pre-trial conference after arraignment to consider:
    - Plea bargaining
    - Stipulation of facts
    - Marking of evidence
    - Waiver of objections to evidence
    - Other matters to promote fair and expeditious trial

Pre-Trial Agreement (Section 3)
- Agreements made during pre-trial shall be in writing and signed by the accused and counsel.
- Court approval is required for plea bargaining agreements.

Non-appearance at Pre-Trial (Section 4)
- Sanctions or penalties may be imposed on counsel or prosecutor for non-appearance without acceptable excuse.

Pre-Trial Order (Section 5)
- Court shall issue an order reciting actions taken, facts stipulated, and evidence marked.
- The order shall bind the parties and control the course of trial.

Time Limit for Trial (Section 6)
- Trial shall be set for continuous trial within 180 days from the first day of trial, except as authorized by the Chief Justice.

Time Limit Between Filing and Arraignment, and Arraignment and Trial (Section 7)
- Arraignment shall be within 30 days from filing of information or accused's appearance.
- Accused shall have at least 15 days to prepare for trial after arraignment.
- Trial shall commence within 30 days from arraignment.

Time Limit Following Order for New Trial (Section 8)
- Trial shall commence within 30 days from the order for new trial, extendable up to 180 days if impractical.

Extended Time Limit (Section 9)
- For the first 12 months, the time limit from arraignment to trial is 180 days.
- For the second 12 months, the time limit is 120 days.
- For the third 12 months, the time limit is 80 days.

Exclusions from Time Computation (Section 10)
- Periods of delay resulting from:
    - Other proceedings concerning the accused
    - Absence or unavailability of the accused or essential witness
    - Mental incompetence or physical inability of the accused
    - Dismissal and re-filing of the same charge
    - Joinder with a co-accused over whom the court has no jurisdiction
    - Continuance granted by the court if the ends of justice outweigh the interests of speedy trial

Factors for Granting Continuance (Section 11)
- Failure to grant continuance would make proceedings impossible or result in miscarriage of justice.
- The case is so novel, unusual, or complex that adequate preparation is unreasonable within the time limits.

Public Attorney's Duties for Imprisoned Accused (Section 12)
- Public attorney shall promptly undertake to obtain the presence of imprisoned accused for trial.
- Person having custody shall advise the imprisoned accused of the right to demand trial.

Remedy for Failure to Bring Accused to Trial Within Time Limit (Section 13)
- Information shall be dismissed on motion of the accused, with or without prejudice.
- Court shall consider factors like seriousness of offense, circumstances leading to dismissal, and impact on administration of justice.

Sanctions (Section 14)
- Court may impose fines or deny the right to practice for counsel or prosecutor who:
    - Knowingly allows setting for trial without disclosing unavailability of witness
    - Files frivolous motions solely for delay
    - Makes false statements to obtain continuance
    - Willfully fails to proceed to trial without justification

Rules and Regulations (Section 15)
- Supreme Court shall promulgate rules, regulations, and orders to accelerate disposition of criminal cases.
- Sanctions shall be provided against judges who willfully fail to proceed to trial without justification.

Funding (Section 16)
- ₱20,000,000.00 shall be appropriated annually from the Supreme Court's allocation for implementation.

Act Not a Bar to Speedy Trial Claim Under the Constitution (Section 17)
- The Act shall not bar any claim of denial of speedy trial under the Constitution.

Repealing Clause (Section 18)
- Inconsistent laws, decrees, orders, rules, and regulations are repealed or modified.

Separability Clause (Section 19)
- If any provision is declared unconstitutional, the other provisions shall remain in effect.

Effectivity (Section 20)
- The Act shall take effect 15 days after publication in the Official Gazette or a newspaper of general circulation.
- Section 7 shall become effective after the third 12-month period provided in Section 9.