flow of criminal procedure

7/28/2019 Flow of Criminal Procedure

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N.B. In cases where preliminary investigation is required, the resolution of theinvestigating prosecutor may be the subject of a motion for reconsideration, and later ona Petition for Review before the DOJ. The aforesaid petition for review will suspendthe proceedings before the court for 60 days from the filing of the petition. Thereafter, theproceedings shall continue, notwithstanding the pendency of the petition. (Sec. 11, Rule 116)

5 Ways of Commencing a Criminal Action/Proceeding

Flow of Criminal Procedure

Yes

Settled?

No



Flow of Criminal Procedure

a. In case of arrest under para (a) and (b) of Sec. 5, Rule 113, or after the conduct of aninquest, the respondent has the followingremedies:

(1) Before the filing of the complaint or information, ask for a Preliminary Investigation or Reinvestigation with waiver of Art. 125 or RPC. Nonetheless, he can apply

for bail and the reinvestigation must beterminated within 15 days.

(2) After filing of the complaint or information in court without preliminary investigation, the accused may ask for

preliminary investigation within five (5) days from the time he learned of its filing.

(3) Motion for suspension of thearraignment where case is pending pursuant to Sec. 11, Rule 116.

b. Check if provisional remedies are availableunder Rule 127.

c. Consider institution of civil action (Rule 111)

d. Courses of action of the judge upon receipt of complaint or information: Within 10 days

from receipt thereof, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence and perform the

Remedies of the accused:

a. Before issuance of warrant of arrest:

(1) File a motion for judicial determination of probable cause.

(2) File a motion to suspend the proceedings or to hold the proceedings in abeyance on theground of prejudicial question.

(b) After issuance of a warrant of arrest:

(1) post bail;(2) motion/petiton for reduction

of bail;(3) if no bail is recommended;

file petition for bail;(4) file motion to quash warrant

of arrest pursuant to Sec. 14, Rule126

(5) File a motion to suppressevidence (if evidence is obtained inviolation of Sec. 2, Art. III); MR if denied; and

(6) Certiorari

following actions:(1) Dismiss the case if the evidence on

record fails to establish probable cause;(2) Issue a warrant of arrest if he finds

probable cause;(3) He may issue a commitment order if:

(i) accused was arrested pursuant to awarrant issued by a judge who conducted a

preliminary investigation (OLD RULE).(ii) when complaint was filed pursuant

to Sec 7, Rule 112.(4) In case of doubt as to the existence of

probable cause, he may order the prosecution

to present additional evidence within fivedays from the receipt of notice and the issuemust be resolved within 30 days from the

filing of the information.

e. Remedies of the prosecution:(1) Amendment of the information (must

be done before arraignment);(2) Substitution;(3) Motion to withdraw information on the

ground of lack of probable cause pursuant to

a resolution issued by the DOJ. (Crespo vs Mogul,151 SCRA 462; Drilon vs CA, G.R. No 115825)

(4) Motion to drop an accused from theinformation.

Remedies to suspend arraignment:

a. Motion to Quash information(Rule 117)b. Motion for Bill of Particulars(Rule 116)c. Invoke the modes of discovery (Sec 10, Rule 116)d. Motion to suspend proceedingson the ground of prejudicial question.

Grounds to suspend arraignment (Sec 11, Rule 11)a. Accused appears to be suffering

from an unsound mind;b. There exists a prejudicial question; and c. There exists a Petition for Review of the resolution of theinvestigating prosecutor before theDOJ

a. Mandatory;b. referral to mediation is required;c. pre-trial agreement;d. preliminary conference;e. pre-marking of exhibits

f. pre-trial order g. plea bargainingh. effects of the non-appearanceof the prosecutor or the counsel for the accused

Ima.evPPbFSOc.CdSe.

f.



START

Evidence is presented

Order of Trial:

Direct Examination - Cross-Examination - Re-direct Examination - Re-cross examination

Formal Offer of Evidence

Rebuttal of Evidence(Prosecution)Order of Admission of Evidence

MEMORANDUMSubmision for resolutionJudgment or DecisionPromulgation of

Judgment

Prosecution rests its casewithin five (5) days, the

defense may file a Demurrerto Evidence

Formal Offer of Evidence Order of Admission of Evidence

Order of Admission of Evidence Defense rests its case

Sur-rebuttal of Evidence(Defense)

Availed bythe

Defense?

NO

YES

Withoutleave of

court

With leaveof court

If denied, accusedmay present

evidence

If granted, case isDismissed

If denied, accusedwaives his right topresent evidence

END



Katarungang Pambarangay Law

Filing of a complaint

with the PunongBarangay

PB issues summons tothe parties and theirwitnesses within the

next working dayMEDIATION

(Hearing)Settlement

Failure of mediation efforts

Execution within six (6) months fromdate of settlement

Repudiation within ten (10)days from date of

settlement

Issuance of Certification to

File Action

Constitution of Pangkat ngTagapagkasundo

Pangkat convenes withinthree (3) days from itsconstitution and issuessummons

CONCILIATION

Settlement

Execution withing six (6)months

Repudiation within ten (10)days from the date of

settlement

At any time, the parties mayagree to submit dispute to

ARBITRATION

ARBITRATION(Hearing)

ARBITRATIONAGREEMENT



The Flow

N.B.1. Unlike civil cases, generally there is nofiling or docket fee in criminal casesexcept in crimes where they arespecifically prescribed by the SC (i.e.estafa, B.P. 22, etc)

2. The complaint must be in such numberof copies as there are respondents plus 2copies for file.

3. The complain must be sworn to beforeany Prosecutor at the time of the filing of the complaint.

4. No MTD in lieu of a counter-affidavitmay be filed by respondents.

N.B.1. Within ten (10) days from the filingof the counter affidavit, or uponexpiration of the said period, aclarificatory hearing (optional) may beconducted.

2. Parties can be present during heclarificatory hearing but without a right

to examine or cross -examine.However, they may submit to theInvestigating Prosecutor questionswhich may be asked to the party orwitness concerned.

3. The clarificatory hearing as a rulemust be terminated in five (5) days

4. All affidavits must be sworn beforethe investigating prosecutor, or in hisabsence, to any public prosecutor.



f Preliminary Investigation before the Prosecutor

In any event, theInvestigating Prosecutor shall

forward the records of thecase within five (5) days fromissuance of the resolution to

the:1. Provincial or City

Prosecutor;2. Chief State Prosecutor;

3. Ombudsman or his deputyfor cases which arecognizable by the

Sandiganbayan in its exerciseof its original jurisdiction

N.B.

The Investigating Prosecutor shallcertify that he:

a. personally examined thecomplainant and his witnesses;

b. there is reasonable groundthat a crime has been committed andthat the accused is probably guilty;

c. the accused was informed of the complaint;

d. the accused was given anopportunity to submit controvertingevidence



N.B1. Petition for Review must be verified.2. It must be filed within 15 days from the receipt of the resolution by the Investigating

Prosecutor or denial of the MR.3. Unless the SOJ directs otherwise, the appeal shall not stay the filing of an information

in court on the basis of the finding of probable cause by the Investigating Prosecutor.4. The Petition for review must be coupled with an original or certified true copy of the

resolution being assailed.5. All affidavits duly sworn to the Investigat ing Prosecutor and other documents

should likewise be attached to the Petition for Review before the SOJ.

Petition for Review before the Secretary of Justice

flow of criminal procedure

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