CRIMINAL PROCEDURE

1. Filing of COMPLAINT before the Prosecutor for the purpose of conducting the
requisite preliminary Investigation. It is worthy to note that: (Rule 110,
Section 1)
a. The JUDGE is also authorized to Conduct Preliminary Investigation for
those offenses not requiring Preliminary Investigation.
b. The Prosecutor may also conduct Preliminary Investigation for those
offenses not requiring Preliminary Investigation.
2. The PROSECUTOR CONCERN SHALL DETERMINE WHETHER PROBABLE
CAUSE exists within 10 days after filing of the complaint. If there is none, He
shall dismiss the complaint. (Rule 112, Section 3)
3. In the event probable cause exists, the Prosecutor shall prepare the
INFORMATION and file the same in COURT having Jurisdiction.
4. The JUDGE DETERMINES WHETHER THERE IS PROBABLE CAUSE which if
there is. He shall issue Warrant or commitment Order. Summons if warrant is
not necessary. Such determination shall be within 10 days after filing of
Complaint or Information. (Rule 112, Section 5)
5. The Accused shall be ARRAIGNED within 30 days from the date the court
acquires Jurisdiction over his person unless shorter period is provided by
Special law or the SC. (Rule 116, Section 1 [g])
6. After arraignment and within 30 days from the date the court acquire
jurisdiction over the person of the accused, the Court shall order Pre-TRIAL
Conference. (Rule 118, Section 1)
7. After Plea of Guilty, the accused shall be given at least 15 days to prepare for
trial. TRIAL shall commence within 30 days from receipt of Pre-trial Order.
Rule 119 Section 1)
8. After termination of Trial, the Judge Promulgates the Judgment. Convicted or
Acquitted. The Judgment becomes final after the lapse of the period for
perfecting an appeal. It must be within 15 days from the Promulgation of
Judgment. (Rule 122, Section 6)
9. At any time before the Judgment becomes final and executor, the accused
may file a motion for NEW TRIAL or RECONSIDERATION. (It must be made
within 15 days from promulgation of judgment). Rule 121.
10.APPEAL to the Appellate Court, unless the accused will be placed in double
Jeopardy. It must be made within the 15 days before it becomes final. The
period is suspended upon filing of MOR or MNT.

CRIMINAL PROCEDURE IN ORDER

1.
2.
3.
4.
5.
6.
7.
8.
9.

Complaint
Determination of Probable cause by the Prosecutor of Judge.
Determination of Probable cause by the Judge upon filing of Information.
Arraignment
Pre Trial
Trial
Judgment
Motion for New Trial or Reconsideration
Appeal

STEP BY STEP PROCEDURE IN CRIMINAL PROCEDURE

COMPLAINT
I

To prosecute a case, there must be an offense committed by the Offender

violative of the right of the offended party. In order that injury may arise, the
offended party must have right claimed under substantive law. In other words, the
injury must be one penalized either by the Revised Penal Code or Special Laws and
may be punished by Imprisonment or fine, or both. If there is indeed an Injury
caused by the offender, then the case must be prosecuted under the rules provided
by the Rules of Court.
In criminal prosecution, it must be distinguished first whether the crime can
be prosecuted de Officio or not. It means that if it cannot be prosecuted de Officio,
prosecution shall be initiated only by the Offended party alone or the offended
partys parents, grandparents or guardian or even the State in the absence of the
three mentioned. In cases where it can be prosecuted de officio, the criminal case
may be instituted by the Proper Officer and not necessarily the Offended party
himself.(Rule 110 section 5).
The Following offenses cannot be prosecuted de Officio. This means, only the
Offended Party may bring these cases to court. And all other offenses may be
brought by a person other than that of the Offended party himself. (Rule 110, Sec.5)
1. Adultery and Concubinage;
2. Abduction seduction and Act of lasciviousness;
3. Defamation which consists in the imputation of any of the offenses
mentioned above.
Adultery and concubinage cannot be instituted if: a) the Offended party has
CONSENTED to the Offense or Pardoned the Offenders or b) if he did not include the
guilty parties if both are alive. The same holds true in the case of (2) if the offender
has been expressly pardoned by the Offended party or his parents, grand-parents or
guardian. In (no.3) Defamation which does not consist of the above mentioned
offenses can be prosecuted de Officio.
II
The very first step is to file a complaint or Information before the Proper
Officer as provided by the Rules of Court. As provided, the same shall be filed before
the Prosecutors Office or directly before the Court or in cases cognizable by the

SANDIGANBAYAN, before the Ombudsman. The said Authorities shall determine

whether there is PROBABLE CAUSE to hold the case for trial. The same authority
shall determine whether Preliminary Investigation is required or not. If required, it
shall be conducted by the proper Officer. If not required, the said officer shall
determine Probable cause instead.
Preliminary Investigation is part of due Process, therefore, the same must be
conducted by the Prosecutor for omission of which results to denial of Due Process.
Under the rules, for offenses where a Preliminary Investigation is required, the
complaint shall be filed with the proper Officer for the purpose of conducting the
requisite preliminary investigation. Preliminary Investigation is required before filing
of complaint or information for an offense where the penalty prescribed by law is
IMPRISONMENT of atleast FOUR YEARS (4), TWO MONTHS (2) AND ONE DAY
(1) Without regard to the FINE.
Therefore, Preliminary Investigation shall be conducted by the Proper Officer.
The Following is note worthy in discussion of Preliminary Investigation:
1. The rules include the Judges and Ombudsman to conduct Preliminary
Investigation in cases of all other offenses the penalty of which is less than
421.
2. In case a person is LAWFULLY arrested without a warrant for an offense
requiring PI, the complaint or information may be filed by the prosecutor
without need of PI provided and INQUEST is conducted in accordance with
existing rules. (Rule 112, Section 6)

To sum up, the Prosecutor or those other authorized is duty bound to determine
the existence of PROBABLE CAUSE in order to hold the offender for trial. In case it
exist, then he shall prepare the INFORMATION and file it in court. Otherwise, he shall
DISMISS the complaint. The Complaint or Information shall be in FORM as required
by the rules of Court. After filing the same in court, the Prosecutor shall be the
Counsel for the People representing the Offended Party, and shall be subject to the
Discretion of the Judge in further determination of the case. The case now is subject
to control by the Judge.
III

The second step is for the JUDGE to determine whether there is ground to
continue the case. In this wise, the judge shall personally evaluate the case in order
to establish PROBABLE CAUSE. This time, it is his duty to establish probable cause.
If the JUDGE is convinced that there is a good ground to prosecute the case, he
shall Issue WARRANT OF ARREST or Commitment order if the accused is already in
custody. However, if the judge deems that Arrest of the accused is not necessary,
he may issue Summons Instead.
If the Judge is not convinced, he may ask for additional evidence and if after the
judge is not convinced, he shall dismiss the case without prejudice for refilling of the
case in future times. Meaning, such case is not barred.
The case, in the event probable cause is found to exist, the Judge shall
commence further proceeding. The Judge shall set the case for Arraignment where
the accused is asked whether he pleads Guilty or not guilty to the offense charged.
IV
Before the accused enters his plea, he may, at any time file a Motion to
QUASH or DEMURRER TO EVIDENCE or Bill of Particular. And if the Offense is
Bailable, he may post his bail for temporary liberty.