CRIMINAL PROCEDURE

I. Filing of Complaint
II. Preliminary Investigation
III. Filing of Information in Court
a. Determination by the Court whether there is probable cause to Issue WARRANT OF
ARREST or COMMITMENT ORDER
OTHER PROCESSES/REMEDIES
o Motion to Quash the Information
o Application for Bail (If arrested or detained)
Matter of Right: Before or after Judgment by the MTC, MCTC,
RTC
Discretionary: After Judgment by the RTC
o Bill of Particulars
b. Preliminary Attachment & other Auxiliary writs applicable in Civil Cases. Provided:
the Civil case is instituted with the Criminal case, i.e., it was not waived, reserved or
instituted ahead of the criminal Case

IV. Arraignment & Plea (Accused must be present & personally enter its plea)

Nota Bene: The COURT must perform its DUTIES which includes the appointment
of Counsel de Officio if accused is not allowed to defend himself or does not have
Counsel de Parte. (Secs. 6-7, Rule 116)

V. Pre-Trial
VI. Trial
Take note of the Order of TRIAL
After the prosecution rests its case (Formal Offer of Evidence) the accused may
file a DEMMURER TO EVIDENCE.
Once the Trial is terminated (The case is submitted for decision) any party may
move for the REOPENING of the case (Sec. 24, Rule 119; See also Cabarles vs.
Maceda, et al. G.R. No. 161330, Feb. 20, 2007 where the court held that
reopening of case can be done before promulgation of judgment or after provided
such judgment has not yet become final)

VII. Judgment (If judgment is for Acquittal it is immediately executory)

a. Promulgation (Accused must be present but in light felony counsels presence
suffices)
b. Remedies
Reopening of the case
Motion for Reconsideration
Motion for New Trial
VIII. Appeal (Automatic Appeal if penalty involves Death Penalty)
IX. Finality of Judgment
X. Execution of Judgment
 Preliminary Investigation Process

COMPLAINT

raffled

Investigating Prosecutor
(10 days)
A

Files the case in court

none Writes Resolution

Sufficient
DISMISS
Evidence & Information

Evidence NO

DISMISS approved
Issue a Subpoena

Respondent makes Provincial/City Prosecutor

Counter-Affidavit (10 days from receipt)
(10 days from receipt)

5 days to transmit

Investigating Prosecutor none Writes Resolution

Counter- none Probable
resolve the complaint &
Affidavit cause
(10 days) Recommendation
for Dismissal
w/in 10 days from submission
Investigating Prosecutor
Clarificatory Hearing writes Resolution &
(5 days) Information

5 days to transmit

Provincial/City Prosecutor
(10 days from receipt)

DISMISS
approved
none Files the case in court

ISSUE WARRANT OF COURT

Probable
ARREST OR (10 days from filing of the case)
A
cause
COMMITMENT ORDER

If it originates from a judge, the process is the same, the only difference is the transmittal
period and the number of days allotted for the Provincial/City Prosecutor to review the
case which is 10 and 30 days respectively.