CRIMINAL PROCEDURE

IN FLAGRANTE DE LICTO NOT CAUGHT IN THE ACT

Police Station Complaint at OCP

*The police officer will make an affidavit of the complainant and the
arresting officer
(if already night time, the arrested person will be detained) OCP gets the complaint-affidavit

The arrested person will be brought to the

Office of the City Prosecutors Subpoena

Inquest Proceedings Preliminary Investigation

* *The accused will be asked to answer the complaint through a
counter complaint-affidavit
Preliminary Issuance of For Further *If okay na, the fiscal will already decide, if not, a 2nd hearing will
be held
Investigation Resolution Investigation
*answers complaint
*gets a lawyer
Issuance of Resolution
(Dismissed or not) (Dismissed or not)
*If not dismissed, an Information will be filed alongside with the *If not dismissed, an Information will be filed alongside with the
Resolution Resolution

MTC RTC MTC RTC

*6 yrs & below *6 yrs & 1 day and up *6 yrs & below *6 yrs & 1 day and up

Office of the Clerk of Court Office of the Clerk of Court

(This is where the (This is where the
case will be filed) case will be filed)

Case will be raffled Case will be raffled

From OCC, the case will be in the custody of the court assigned

From OCC, the case will be in the custody of the court assigned
OCC of the court assigned

OCC of the court assigned

The presiding judge within 10 days will issue a warrant
of arrest
The presiding judge within 10 days will schedule arraignment
*Before arraignment, the arrested person may opt to pose a bail or
not The person arrested will be
*The police officers, on the other hand, will make a produce order brought to the court where a
*If the accused did not pose a bail and while the case is still pending, commitment order will be issued
he will be detained at the BJMP (Bureau of Jail Management and
Penology) or in the city jail of the place where the case is pending
*If a decision was already rendered, the accused will be moved to the
Bureau of Prisons or Corrections, where he will have to serve his The person arrested will be detained
remaining sentence *If the case is bailable, he may post one

A certificate of arraignment, which contains the plea will be 10 days after the accused was arrested,
issued arraignment will be scheduled; Issuance of
Certificate of Arraignment

Pre-trial *Trial
Pre-trial * Trial