Criminal Procedure Flowchart
Criminal Procedure Flowchart
Criminal Procedure Flowchart
OFFENSE
PENALTY IS AT
LEAST 4 YEARS, 2
MONTHS, 1 DAY
PRELIMINARY
INVESTIGATION
RULE 110. Sec. 1 Criminal actions
shall be instituted as follows:
(a) for offenses where a preliminary
investigation is required pursuant
to Section 1 of Rule 112, by filing
the complaint with the proper
officer for the purpose of
conducting
the
requisite
preliminary investigation.
(b) for all other offenses, by filing
the complaint or information
directly with the Municipal Trial
Courts and Municipal Circuit Trial
Courts, or the complaint with the
office of the prosecutor. In Manila
and other chartered cities, the
complaint shall be filed with the
office of the prosecutor unless
otherwise provided in their
charters.
The institution of the criminal
action shall interrupt the running
period of prescription of the
offense charged unless otherwise
provided in special laws.
WITH WARRANT
ARREST
COMPLAINT OR
INFORMATION FILED
WITH INFERIOR
COURTS OR OFFICE OF
PROSECUTOR
PROBABLE
CAUSE
CRIMINAL
INFORMATION
FILED IN COURT
WARRANTLESS
ARREST
RULE 113. Sec. 5 A peace officer or a private
person may, without a warrant, arrest a
person:
NO
an offense.
PROBABLE
CAUSE
DISMISSAL
PRELIMINARY INVESTIGATION
NO PROBABLE
CAUSE
DISMISSAL
PROBABLE
CAUSE
ISSUE
SUBPOENA
RESPONDENT FILES
COUNTER-AFFIDAVIT
RESOLUTION
MAY FILE
PETITION FOR
REVIEW WITH
DOJ / OP
CRIMINAL INFORMATION
FILED IN COURT UPON
FINDING OF PROBABLE
CAUSE
POSTING OF BAIL
ARRAIGNMENT / PLEA
PRE-TRIAL
TRIAL
NO PROBABLE
CAUSE
ARRAIGNMENT / PLEA
PRE-TRIAL
JUDGMENT
NO PROBABLE
CAUSE
PROBABLE
CAUSE
DISMISSAL
DISMISSAL
TRIAL
JUDGE EVALUATES
RESOLUTION OF PUBLIC
PROSECUTOR
JUDGMENT
APPEAL
POSTING OF BAIL
CRIMINAL
INFORMATION
FILED IN COURT
APPEAL
SUBMIT
ADDITIONAL
AFFIDAVIT
INQUEST
PROCEEDINGS
SUBMIT
ADDITIONAL
AFFIDAVIT
VALID ARREST
INVALID ARREST
WARRANT
OF ARREST
CRIMINAL
INFORMATION
FILED IN COURT
IMMEDIATE
RELEASE OF THE
ACCUSED
JUDGE ISSUES
COMMITMENT ORDER
JUDGE ISSUES WARRANT OF
ARREST UPON PROBABLE CAUSE
COMMITMENT
ORDER IF DETAINED
PRELIMINARY
INVESTIGATION
RULE 114. Sec. 1 Bail is the security given for the release of
a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court
as required under the conditions hereinafter specified. Bail
may be given in the form of corporate surety, property
bond, cash deposit, or recognizance.
ACCUSED RELEASED
FROM CUSTODY
POSTING OF BAIL
ARRAIGNMENT
1987 CONSTITUTION, ART. III. SEC 2.
PRE-TRIAL
TRIAL
JUDGMENT
PROBABLE CAUSE
APPEAL
ISSUE WARRANT
OF ARREST
The judge may rely upon fiscals
certification of the existence of
probable cause whether or not the
case is cognizable only by the RTC. He
shall personally evaluate the report
and the supporting documents
submitted by the fiscal regarding the
existence of probable cause.
NO PROBABLE CAUSE
SUBMIT
SUPPORTING
AFFIDAVITS
If on the face of the information he
finds no probable cause, he may
disregard the fiscals certification and
require the submission of supporting
affidavits of witnesses to aid him in
arriving at a conclusion as to the
existence of a probable cause.
POSTING OF BAIL
(i) to appeal in all cases allowed and in the manner prescribed by law.
ARRAIGNMENT
RULE 117. Sec. 3 The accused may move to quash the complaint or
information on any of the following grounds:
a)
b)
c)
d)
e)
f)
g)
h)
i)
PRE-TRIAL
RULE 118. Sec. 1 In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial
Court, Municipal Trial Court in Cities, Municipal Trial Court
and Municipal Circuit Trial Court, the court shall, after
arraignment and within 30 days from the date the court
acquires jurisdiction over the person of the accused,
unless a shorter period is provided for in special laws or
circulars of the Supreme Court, order a pre-trial
conference to consider the following:
a)
b)
c)
d)
e)
TRIAL
f)
RULE 119. Sec. 1 After a plea of not guilty is entered, the accused shall
have at least 15 days to prepare for trial. The trial shall commence
within 30 days from receipt of the pre-trial order.
Sec 2. In no case shall the entire trial period exceed one hundred
eighty (180) days from the first day of trial, except as otherwise
authorized by the Supreme Court.
The time limitations provided under this section and the preceding
section shall not apply where special laws or circulars of the Supreme
Court provide for a shorter period of trial.
IF NOT WITHIN
THE TIME LIMIT
Plea bargaining
Stipulation of facts
Marking for identification of evidence of the
parties
Waiver of objections to admissibility of
evidence
Modification of the order of trial if the accused
admits the charge but interposes a lawful
defense
Such matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case
MOTION TO DISMISS
(a) the accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. The
arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information,
reading the same in the language or dialect known to him, and asking
him whether he pleads guilty or not guilty. The prosecution may call
at the trial witnesses other than those named in the complaint or
information.
(b) the accused must be present at the arraignment and must
personally enter his plea. Both arraignment and plea shall be made of
record, but failure to do so shall not affect the validity of the
proceedings.
(c) when the accused refuses to plead or makes a conditional plea, a
plea of not guilty shall be entered for him.
(d) when the accused pleads guilty but presents exculpatory
evidence, his plea shall be deemed withdrawn and a plea of not guilty
shall be entered for him.
(e) when the accused is under preventive detention, his case shall be
raffled and its records transmitted to the judge to whom the case was
raffled within three 3 days from the filing of the information or
complaint. The accused shall be arraigned within 10 days from the
date of the raffle. The pre-trial conference of his case shall be held
within 10 days after arraignment.
(f) the private offended party shall be required to appear at the
arraignment for purposes of plea bargaining, determination of civil
liability, and other matters requiring his presence. In case of failure of
the offended party to appear despite due notice, the court may allow
the accused to enter a plea of guilty to a lesser offense which is
necessarily included in the offense charged with the conformity of the
trial prosecutor alone.
(g) unless a shorter period is provided by special law or Supreme
Court circular, the arraignment shall be held within 30 days from the
date the court acquires jurisdiction over the person of the accused.
The time of the pendency of a motion to quash or for a bill of
particulars or other causes justifying suspension of the arraignment
shall be excluded in computing the period.
RULE 119 Sec. 9 If the accused is not brought to trial within the time limit required by Section
1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the information may be
dismissed on motion of the accused on the ground of denial of his right of speedy trial. The
accused shall have the burden of proving the motion but the prosecution shall have the burden
of going forward with the evidence to establish the exclusion of time under section 3 of this
rule. The dismissal shall be subject to the rules on double jeopardy.
PROSECUTION
PRESENTS EVIDENCE
ACCUSED PRESENTS
DEFENSE
RULE 119. Sec. 11 The trial shall proceed in the following order:
(a)
(b)
(c)
(d)
(e)
the prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
the accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a
provisional remedy in the case.
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.
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.
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.
JUDGMENT
APPEAL
TO TEST SUFFICIENCY OF
PROSECUTIONS EVIDENCE
ACCUSED MAY
FILE DEMURRER
TO EVIDENCE
MOTION WITH
LEAVE OF COURT
GRANTED
DENIED
ACCUSED PRESENTS
EVIDENCE
WITHOUT LEAVE
OF COURT
DEMURRER DENIED
(1) on its own initiative after giving the prosecution the opportunity to be heard or
(2) upon demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused may
adduce evidence in his defense. When the demurrer to evidence is filed without leave of
court, the accused waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its
grounds and shall be filed within a non-extendible period of 5 days after the prosecution
rests its case. The prosecution may oppose the motion within a non-extendible period of
5 days from its receipt.
Sec. 2 The court shall grant a new trial on any of the following grounds:
(a)
If leave of court is granted, the accused shall file the demurrer to evidence within a nonextendible period of 10 days from notice. The prosecution may oppose the demurrer to
evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the
demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
NEW TRIAL OR
RECONSIDERATION
(b)
JUDGMENT
APPEAL
RULE 122. Sec. 1 Any party may appeal from
a judgment or final order, unless the accused
will be placed in double jeopardy.
*Appeals in criminal cases are perfected when the interested party or parties have
personally or through their counsel filed with the clerk of court a written notice
expressly stating the appeal. When an appeal has been perfected, the court a quo
loses jurisdiction.
shall be taken by filing a notice of appeal with the court which rendered the judgment or
final order appealed from and by serving a copy thereof upon the adverse party.
Sec. 6 WHEN APPEAL TO BE TAKEN
An appeal must be taken within 15 days from promulgation of the judgment or from notice
of the final order appealed from. This period for perfecting an appeal shall be suspended
from the time a motion for new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his counsel at which time
the balance of the period begins to run.
Sec. 7 When notice of appeal is filed by the accused, the trial court shall direct the
stenographic reporter to transcribe his notes of the proceedings. When filed by the People
of the Philippines, the trial court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon motion, shall specify in writing.
The stenographic reporter shall certify to the correctness of the notes and the transcript
thereof, which shall consist of the original and four copies, and shall file the original and four
copies with the clerk without unnecessary delay...
Sec. 8 Within 5 days from the filing of the notice of appeal, the clerk of the court with whom
the notice of appeal was filed must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The original and three copies of the
transcript of stenographic notes, together with the records, shall also be transmitted to the
clerk of the appellate court without undue delay. The other copy of the transcript shall
remain in the lower court.
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