Professional Documents
Culture Documents
AFFIDAVIT- COMPLAINT subscribed by the offended party, any peace officer, or other public officer PROBABLE CAUSE
PRELIMINARY INVESTIGATION Rule 112, Revised Rules of Criminal Procedure POST BAIL
YES
NO
WARRANT OF ARREST (shall be executed within 10 days from its receipt) When accused lawfully arrested without warrant sec. 7 rule 112 Arrest without warrant; when lawful sec.5 rule 113 INQUEST
DISMISSED REMEDY: Motion for Reconsideration Petition for Review before DOJ CA SC
Bail, a matter of right (sec 4, rule 114) Bail when discretionary (sec 5, rule 114)
MOTION TO QUASH (grounds enumerated under sec.3. rule 117) If sustained: Effect of sustaining the Motion to Quash sec.5, rule 117) PLEA- BARGAINING MOTION FOR BILL OF PARTICULARS causes justifying suspension of the arraignment ARRAIGNMENT AND PLEA (arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused.)
NOT GUILTY
GUILTY Rule 116, sec.2 Plea of guilty to a lesser offense; sec.3 Plea of guilty to capital offense; sec. 4 Plea of guilty to non-capital offense;
DEMURRER TO EVIDENCE If unsure: Demurrer to evidence with motion for leave of court GRANTED: ACQUITTAL DENIED: PRESENT EVIDENCE IN CHIEF
PRE- TRIAL Sec.1 Rule 118 TRIAL shall commence within 30 days from receipt of pre-trial order
If sure: Demurrer to evidence without leave of court GRANTED: ACQUITTAL DENIED: JUDGEMENT
JUDGEMENT POST JUDGEMENT REMEDIES (under rule 37,38,40-46,47 and 65) ACQUITTAL (non-appealable; except on the civil aspect cognizable before CA to SC) CONVICTED (appealable before SC if crime is punishable by Reclusion Perpetua, Life Imprisonment or Death)
CAM AND JDR (ARRAIGNMENT) FOR THE CIVIL ASPECT OF CRIMINAL CASES
CASE FILED IN COURT COMPROMISE AGREEMENT NOT SETTLED NOT SETTLED MOTION FOR RECONSIDERATION COMPROMISE AGREEMENT
ORDER OF REFERRAL TO CAM BACK TO COURT OF ORIGIN FOR APPROVAL OF CA BACK TO COURT OF ORIGIN FOR THE CONDUCT OF JDR
SETTLED
DISMISSAL EXECUTION
ANOTHER JUDGE PRE-TRIAL, TRIAL CASE RE-RAFFLED APPEAL JUDGEMENT ON COMPROMISE SETTLED EXECUTION
JUDGEMENT