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Section 4. Factors granting continuance

Factors For Granting Continuance
1. Whether the failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice.
2. The case, as a whole, is novel, unusual and complex, or it is unreasonable to expect adequate preparation within the periods of time established therein.

The grant of a motion for continuance is NOT a matter of right.

The purpose of this rule is to control the discretion of the judge in the grant of continuance on his instance or on motion of any party litigant.



Section 5. Time limit following an order for new trial

GENERAL RULE:
- After an order for new trial is issued, the trial commences within 30 days from notice of the order.

EXCEPTION: If the 30-day period becomes impractical due to unavailability of the witnesses and other factors, it may be extended by the court but in no case should it exceed 180 days from notice of said order for new trial.



Section 6. Extended time limit

Notwithstanding the provisions of section 1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, 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 limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days. (sec. 7, cir. 38-98)



Section 7. Public attorney’s duties where accused is imprisoned

Public Attorneys Duties:
1. 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 and demand trial.
2. Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at any time 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.
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.
4. When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purpose of trial, the prisoner shall be made available accordingly.

Public Attorneys referred to in this section are those attorneys of the Public Attorney’s Office of the Department of Justice who are assisting accused not financially capable to have a counsel of their own. These public attorneys enter their appearance in behalf of the accused upon his request or that of his relative or upon being appointed as counsel de oficio by the court.

The sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not “ready to postpone.”