Criminal Procedure Q&A

Cases subject to summary procedure?
Traffic, BP 22 and rental, ordinances, criminal

cases less than 6 years and fine less than 1k,
damage to property less than 10k
How to file?
Complaint or information
Complaint or information accompanied
with?
Affidavits of complainant and witnesses,
number of copies as accused plus two for the
court (5 days from filing)
What happens after complaint or
information?
Dismissal or arraignment and trial
What happens in preliminary conference?
Enter stipulation of facts, plea of guilt, other
matters
Will failure to stipulate prejudice
accused? No.
Admission of the accused?
Must be in writing and signed by accused and
counsel.
Is direct examination required?
No. Affidavits constitute direct examination,
but may be subjected to cross examination.
What happens if affiant fails to testify?
His affidavit will not be considered as
competent evidence
When can court mandate arrest of
accused?
If he failed to appear when required by accused
How long to promulgate judgement? 30
days.
Prohibited pleadings in summary
procedure?
Motion to quash info (except lack of jurisdiction
or failure to comply with barangay
conciliation), bill of particulars, new trial, relief
from judgement, extension of time,
memoranda, certiorir mandamus prohibition,
declare defedendant in defult, dilatory motions,
reply, third party complaints, interventions
Criminal litigation process...?
Presupposes the prior commission of a crime
When a crime is committed, there is a?
Offender and a victim (natural or juridical)
When is contact with the law effected?
Criminal act is brought to attention of

authorities (complaint), search and seizure, hot
pursuit
When is invocation of judicial authority
allowed after Lupon? Certiication is issued
by baranagay that judicial intervention may no
be availed because settlement was not
reached
What cases require barangay conciliation?
Penalty under 4 years, 2 months, and 1 day
When do the rules of criminal procedure
begin to grind?
When a complaint in affidavit form is filed
before an authorized officer for the purpose of
conducting a prelimenary investigation.
What happens after prelimenary
investigation?
Dismissal or filing an information in court with
an accompanying resolution.
What cases do not require a preliminery
investigation?
Penalty less than 4 years, 2 months, 1 day
Where will the case be filed then?
MTC
What happens if the court finds probably
cause?
Issue a warrant of arrest or a commitment
order if already arrested, or summons if no
necessity for warrant.
Is a warrantless arrest considered an
initial contact with the law? Yes.
What is a warrantless arrest?
Lawful arrest when person has committed, is
committing, or attempting to commit a crime.
Or personal knowledge of facts which make
him believe the person committed an offense.
Will there be a preliminary investigation
if arrest was warrantless? No.
If inquest prosecutor is not available, who
may file the complaint? Offended party or
peace officer.
When can inquest prosecutor release
person for futher proceedings? When arrest
was not valid.
Can a person lawfully arrested without
warrant request for a preliminary
investigation? Yes after he signs a waiver.
What is required in a complaint or

information?
It should be in writing, it should contain People
of the Philippines, and offender, name of
offended party, designation of offense, act or
ommisions, qualifying or aggravating
circumstances
How does trial begin? Prosecution submits

evidence.
When criminal action is instituted...?

Civil action to recovery liability is deemed
instituted exceot when offended party waives it
or is an independent civil action
If demurer WITH leave of court is

denied..?
Accused may still adduce evidence
When criminal action has commenced,

when can the separate civil action be
instituted?
When final judgement has been entered in
criminal action
If criminal action is filed after civil
action...?
Civil action will be suspended
Instead of submitting evidence,

prosecution may..?
Present a demurrer on ground of insufficiency
of evidence
If demurer WITHOUT leave of court

denied..?
Right to present evidence is waived
What is judgement?
Adjudication by court on the guilt or innocene
of the accused and the imposition on him of
proper penalty and civil liability
When do these not apply?

Where there is a prejudicial question. Criminal
action may be suspended.
How is judgement promulgated?

By reading it in presence of the accused. If light
offense, infront of counsel or representative.
How may a person gain release? Bail
Post judgement remedies..?

Motion for modification of judgement, setting
aside new trial, reconsideration
Can a person in custody, not yet charged,

apply for bail? Yes.
What is arraignment?
Formal mode and manner of implementing the
constitutional right of accused to be informed
of nature and cause of accusation
If accused escapes before arraignment,
can he be tried in absentia? No.
Where will he be arraigned?
Court where complaint or information was filed.
It is made in open court by judge.
Bill of particulars..?
If there are dfects in information or compalint
Suspension of arraignment...?
Accused suffering from unsound mental
condition
Motion to quash...?
Facts do not constitute offense, lack of
jurisdiction. It is a written motion signed by
accused or counsel
What happens in pretrial?
Plea bargaining, stipulation of facts, marking of
evidence, waiver of objections to admissibality,
possible modification of trial
MTC case appealed to? RTC

RTC cases appealed to? CA or SC
CA and Sandigan cases appealed to? SC
Appeal to
Appeal to
Appeal to
of appeal
Appeal to
certiorari
RTC? Notice of appeal

CA? Petition for review
CA if reclusion perpetua? Notice
SC by Sandigan? Review on
What is the purpose of criminal action?

Determine penal liability of accused for having
outraged state with his crime. If guilty, to
punish him for it.
What is the offended party in this case?
Witness of the state
Where prelimenary investigation is not
required, where do you file complaint?
MTC or office of prosecutor
Is there direct filing in Metro Manila or
chatered cities?
No.
Why is there no direct filing in RTC?
All offenses are over 4 years, 2 months, 1 day
When shall the period of prescription be

interrupted?
At the filing of the criminal action
Determine if there is prima facie evidence,

decide which testimony to believb, determine
which witness to present in court
Until when is the prescriptive perood tolled?

When respondent is either convicted or
acquitted by proper court
Is non presentation of witness be

construed as suppression of evidence
where testimony is merely corrobative?
NO.
Is filing of the complaint before justice of

peace sufficient to interrup prescriptive
period? Yes (People vs Aquino)
When does prescription start to run?
On day of commission of violation, or if
notknown, from the discovery and institutuion
of judicial proceedings
When will it run again?
If dismissed for reasons not constituting
jeopardy
Can filing of complaint for BP22 at the
City Prosecutors office interrup
prescription? Yes.
If prosecutro assigned is not available,

who may prosecute?
Offended party, peace officer, public officer
charged with enforcement of said violation
What does civil liability include?
Restitution, reparateon of damage,
indemnification for consequential damages
When may Public prosectutor autorize
private one?
Heavy work schedule, lack of public prosecutor
Adultery an dconcubinage prosecuted
only upon..?
Complaint filed by offended party
What is a prelimenary investigation?

Determination whether an offense has been
committed or there is probable cause
It must be instiituted against..?

Both parties
Can SEC investigation interrupt

prescription period? Yes.
May it be instituted if offended party

consented? No.
Under whose direction an dcontrol is

criminal action prosecuted? Pubic
prosecutor
Seduction, abducation, acts of

lasciviousness may be prosecuted
upon...?
Complaint of offended party, parents,
grandparents, guardians, if she dies, State
Why?
Criminal offense is an outrage against State so
representative of State shall direct and control
prosecution
When can private prosecutor intervene?
Where civil action fo rrecovery is instituted in
the criminal action
Private prosectuor cannot intervene if?
Offended party a.) waives civil actions, b)
reserves right to institute it separately, c)
institute civil action prior to criminal
How about independent civil action? It will
not deprive right to intervene
What does public prosecutor do?
RA 7610 may be filed by?

Offende party, parents, guardians, ascendant,
social worker, DSWD, barangay chairman,
atleast 3 concerned citizens
What is a complaint?
Sworn and written statement charging a person
with offense, subscribed by offended party or
any peace officer

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Cases subject to summary procedure?

Traffic, BP 22 and rental, ordinances, criminal

Criminal act is brought to attention of

What is required in a complaint or

How does trial begin? Prosecution submits

When criminal action is instituted...?

If demurer WITH leave of court is

When criminal action has commenced,

Instead of submitting evidence,

If demurer WITHOUT leave of court

When do these not apply?

How is judgement promulgated?

How may a person gain release? Bail

Post judgement remedies..?

Can a person in custody, not yet charged,

MTC case appealed to? RTC

RTC? Notice of appeal

What is the purpose of criminal action?

When shall the period of prescription be

Determine if there is prima facie evidence,

Until when is the prescriptive perood tolled?

Is non presentation of witness be

Is filing of the complaint before justice of

If prosecutro assigned is not available,

What is a prelimenary investigation?

It must be instiituted against..?

Can SEC investigation interrupt

May it be instituted if offended party

Under whose direction an dcontrol is

Seduction, abducation, acts of

RA 7610 may be filed by?

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