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Sec.  11.  Order of trial.  –  The  trial  shall  proceed  in  the  following order:
 
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
 
(b)  The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case.
 
(c)  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.

(d)  Upon admission of 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.
 
(e)  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. 


Order Of Trial:
1. Prosecution presents evidence to prove the charge and, in the proper case, the civil liability.
2. The accused presents evidence to prove his defense and damages, if any.
3. The prosecution, then the defense, may present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence.
4. Upon admission of the evidence by the parties, the case is deemed submitted for decision.

GENERAL RULE:
   - The order in the presentation of evidence must be followed. The accused may not be required to present his evidence first before the prosecution adduces its own proof.

EXCEPTION:
        - Where a reverse procedure was adopted without the objection of the defendant and such procedure did not prejudice his substantial rights, the defect is not a reversible error.

REVERSE TRIAL
   - When the accused admits the act or omission charged in the complaint/information but interposes a lawful defense, the trial court may allow the accused to present his defense first and thereafter give the prosecution the opportunity to present his rebuttal evidence.

A departure from the order of the trial is NOT reversible error as where it was agreed upon or not seasonably objected to, but not where the change in the order of the trial was timely objected by the defense.

Where the order of the trial set forth under this section was not followed by the court to the extent of denying the prosecution an opportunity to present its evidence, the judgment is a NULLITY.

Prosecution begins because it has the burden of proving the guilt of the accused, relying on the strength of its own evidence and NOT on the weakness of the defense.

If there is not enough evidence to prove the accused’s guilt beyond reasonable doubt, then the defense should file Demurrer to Evidence.

People v. Gutierrez, 302 SCRA 643 (1999)
   - Refusal of the trial court to reverse the order of trial upon demand of the accused who pleads self-defense as a defense is not a reversible error.

Negative Defense vs. Affirmative Defense

Negative defense - Requires the prosecution to prove the guilt of the accused beyond reasonable doubt.
Accused claims that one of the elements of the offense charged is not present. It is incumbent upon the prosecution to prove the existence of this element.

Affirmative defense - the accused admits the act or omission charged but interposes a defense which if proven would exculpate him.



Section 12. Application for Examination of Witness for Accused Before Trial

Accused may have his witness examined conditionally in his behalf BEFORE trial upon motion with notice to all other parties:

SUCH MOTION MUST STATE:
1. Name and residence of the witness;
2. Substance of testimony;
3. Witness is so sick to afford reasonable ground to believe that he will not be able to attend the trial OR resides more than 100km and has no means to attend the same or other similar circumstances.