Court to use new rule to speed up trial of massacre case

The Quezon City court hearing the Maguindanao massacre case will use for the first time in a criminal trial a new court rule allowing parties to submit judicial affidavits in a question-and-answer format in place of direct testimonies of witnesses.

The Supreme Court (SC) issued the order yesterday to speed up resolution of the Maguindanao massacre case.

Approved in September last year, the Judicial Affidavit Rule (JAR) is currently applicable only in civil cases.

It was not used in criminal cases pending review and after objections from government prosecutors.

The SC said the JAR may be used in the reception of evidence provided the prosecution and the defense are given adequate time to consolidate their positions and submit their judicial affidavits with attached exhibits at least 10 days before the scheduled date of testimony, furnishing copies to the public prosecutor or the lead defense counsel.

Judge Jocelyn Solis-Reyes of Quezon City Regional Trial Court Branch 221 was also ordered to hold separate trials for the accused against whom the prosecution contemplates no further evidence.

Such accused must present their evidence, and the case submitted for decision, without prejudice to the application of the rules on demurrer to evidence or other modes of terminating a case in advance of a full trial.

The SC also authorized the trial court to issue separate decisions for issues which are ripe for resolution in any of the 58 cases being heard without waiting for the completion of the presentation of the evidence of all the accused.

It also ordered the designation of a third assisting judge to handle the conduct of all non-trial incidents in the Maguindanao massacre case, such as arraignment and pre-trial, as well as to decide incidents and motions not vital to the merits of the case.

The SC ordered Reyes to determine incidents that will be assigned to the third assisting judge.

Judges Ma. Rita Bascos of QC RTC Branch 99 and Jenny Gapas of Branch 100 are assisting Reyes in disposing of other cases pending before her court.