Sec. 5. Time limit following an order for new trial. – If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend but not to exceed one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred eighty (180) days from notice of said order for new trial.
Sec. 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 time
limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days.
WHEN SHOULD THE TRIAL COMMENCE AFTER THE ISSUANCE OF ORDER FOR NEW TRIAL?
The trial shall commence within 30 days from the notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend it
It is not to exceed 180 days from notice of said order for new trial
HOW SHOULD THE SECOND 12-MONTH PERIOD BE COUNTED IN CASE OF A NEW TRIAL?
The time limit shall be 180 days from notice of said order for new trial
HOW LONG SHOULD THE TIME LIMIT BE?
General rule is 180 days from arraignment to trial
For the second 12-month period, the time limit shall be 120 days
For the third 12-month period, the time limit shall be 80 days
