What is the ORDER OF TRIAL in criminal procedure?
Section 11 of Rule 119 of the 2000 Rules of Criminal Procedure provides the following. The trial shall proceed in the following order:
[1] The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
[2] The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case.
[3] The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
[4] Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.
[5] When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.
[2] The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case.
[3] The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
[4] Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.
[5] When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.
The procedure in Section 3 of Rule 119 observed the mandate of reason and the guarantee of fairness with which due process is identified. The procedure outlined safeguards and protects the fundamental right of the accused to be presumed innocent until the contrary is proved. That right is founded on the principle of justice and is intended not to protect the guilty but to prevent as far as human agencies can the conviction of an innocent person. Indeed, the form of a trial is also a matter of public order and interest. The orderly course requires that the prosecution go forward and present all of its proof in the first instance. However, the new rules are explicit, especially in Section 11 (e) of Rule 119 of the 2000 Rules of Criminal Procedure, which provides, "When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified." (G.R. No. L-66497-98; July 10, 1986)
