Professional Documents
Culture Documents
Approved Disapproved
Filing of information
Filing of
Information
Issuance of Warrant of
Dismissal by Court Arrest or Commitment
Order
Warrant of Arrest/Commitment Order
AFFIRM
ISSUANCE OF
PETITION FOR PREVENTIVE WARRANT OF
BAIL DETENTION ARREST
ARRAIGNMENT
JUDGEMENT
JUDGEMENT
ACQUITAL CONVICTION
Motion for
FE
A
MR/MT
Territory
a) Arrest
b) Voluntary Surrender
Filing of Complaint
For offenses where preliminary investigation is
required ( filed with proper officer for the purpose of
conducting the requisite preliminary investigation)
Both are:
In writing
In the name of the People of the Philippines
Directed against all persons who appear to be responsible for the
offense involved.
For some offenses, there are conditions precedents
before a plaintiff can repair to the courts for redress
(i.e. those requiring mediation at the lupong
tagapamayapa) however, non-compliance of this rule
is not jurisdictional. The failure of the plaintiff to
comply with the conciliation requirement of Section
40, LGC, does not affect the jurisdiction if no timely
objection is made (San Miguel Village School School v.
Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566)
All criminal actions, whether commenced by filing of
complaint or information, are under the direct control
of the prosecutor.
Section 8., RULE 112 Records
Records of the preliminary investigation shall NOT automatically form part of the records of the
case. Courts are not compelled to take judicial notice thereof. It must be introduced as an
evidence.
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure.
For cases under the Revised Rules on Summary Procedure, no warrant shall be issued except
where the accused fails to appear after being summoned.
If the complaint is filed with the prosecutor involving an offense punishable by imprisonment of
less than 4 years, 2 months and 1 day, the procedure in Rule 112, Section 3 (a) shall be observed.
If the complaint is filed with the MTC, the same procedure under Rule 112, Section 3 (a) shall be
observed.
A. Cases in which the imposable penalty does
not exceed 4 years, 2 months and 1 day
(Prision Correccional in its maximum period)
By a private person
The officer shall inform the person to be
arrested of the :
1. CAUSE OF THE ARREST
2. FACT THAT WARRANT EXIST
Exception:
1. When he flees or forcibly resist before 1&2 is
complete
2.When the giving of information will imperil the
arrest
The officer shall inform the person to be
arrested of his authority and the cause of the
arrest unless the latter is either:
1. Engaged in the commission of an offense;
2. Pursued immediately after its
commission;or
3. Has escaped, flees or forcibly resists before
the officer has opportunity to so inform him,
or when the giving of such information will
imperil the arrest.
He shall inform the person to be arrested of
the intention to arrest him and the cause of
the arrest unless the latter is either:
2.Test of Necessity
Conduct of the person arrested is
examined
#
The security given for the release of a person
in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the
conditions specified by the rule (Sec. 1, Rule
114).
A person is in the custody of law when he has
been either arrested or otherwise deprived of his
freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by
surrendering to the proper authorities.
___________________
*An act providing that bail shall not, with certain exceptions, be required in cases of violations
of municipal or city ordinances and in criminal offenses
A person in custody for a period equal to or
more than the minimum of the principal
penalty prescribed for the offense charged,
without application of the indeterminate
sentence law or any modifying circumstance
shall be released on reduced bail or on his
own recognizance.
Violations of Traffic laws, rules and
regulations
Violations of the rental law
Violations of municipal or city ordinances
All Criminal cases: wherein, imprisonment
not exceeding 6 months ,or fine not
exceeding 1000.00
General Rule: no bail
Exception:
1. When a warrant of arrest is issued for failure to appear
when required by the court
2. When the accused
- is a recidivist;
- is a fugitive from justice;
- is charged with physical injuries
- does not reside in the place where the violation of the
law or ordinance is committed; or
-has not reside in the place where the violation of the law
or ordinance is committed; or
-has no known residence
May be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with another branch
of the same court within the province or city.
Whenever the grant of bail is a matter of discretion, or the accused
seeks to be released on recognizance,
the application therefor may be filed only in the particular court
where the case is pending, whether for preliminary investigation,
trial or appeal.
Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city or municipality where
he is held.
Once the accused has been admitted to bail, he is
entitled to immediate release from custody. An
officer who fails or refuses to release him from
detention notwithstanding the approval by the
proper court of his bailbond, may be held liable
under Article 126 of the Revised Penal Code for
delaying release.
Within 30 days from the failure of the accused
to appear in person as required, the
bondsmen must:
TO BE PRESENT
AND DEFEND IN
Right to speedy, impartial
and public trial
RIGHTS OF PERSON AND BY
COUNSEL
THE
ACCUSED
RIGHT TO
CONFRONT AND
CROSS- EXAMINE RIGHT TO COUNSEL
THE WITNESSES
AGAINST HIM AT
TRIAL
RIGHT AGAINST TO TESTIFY AS
SELF- WITNESS IN HIS
INCRIMINATION OWN BEHALF
In all criminal prosecutions, the accused is presumed innocent until
the contrary is proved beyond reasonable doubt.
Reasonable Doubt is that doubt engendered by an investigation
of the whole proof and an inability, after such investigation, to let
the mind rest easy upon the certainty of guilt. Absolute certainty
of guilt is not demanded by the law to convict of any criminal
charge but moral certainty is required, and this certainty is
required as to every proposition of proof requisite to constitute
the offense.
Equipoise rule where the evidence of the parties in a criminal
case are evenly balanced, the constitutional presumption of
innocence should tilt in favor of the accused and must be
acquitted. #
An accused cannot be convicted of an offense unless it is
clearly charged in the complaint or information. To convict
him of an offense other than that charged in the complaint
or information would be a violation of this constitutional
right (People vs. Ortega, 276 SCRA 166).
The trial shall commence within 30 days from receipt of the pre-trial
order.
Filed after judgment is rendered but made by the court before the judgment is
before the finality thereof rendered in the exercise of sound
discretion
At the instance or with the consent of the
accused does not require the consent of the
accused; may be at the instance of either
party who can thereafter present
additional evidence
INDETERMINATE SENTENCE LA- R.A. 4103
Purpose of the law:
If the penalty is divisible and would entail a
deprivation of liberty, penalty should have a
maximum period.
Applicability:
1. Divisible Penalty
2. Imprisonment as Penalty
3. Penalty exceeds one (1) year
1. Reclusion Perpetua
2. Life Imprisonment
3. Destiero
4. Suspension
5. Penalty does not exceed one year
1. Crimes against National Security and Public
order
2. habitual deliquency
3. Those who escaped from their confinement
4. Those who evaded sentence
Probation is a mere privilege
How to Apply?
Sovereign act of oblivion for past acts An act of grace which exempts the
granted by the government to a certain individual on whom it is bestowed from
class of persons, charged or guilty of the punishment the law inflicts for the
crime, usually political offenses, and crime he has committed.
often conditioned upon their return to
obedience and duty within a prescribed
time.
Act of any person who, with intent to gain for
himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any
other manner deal in any article, item or
object or anything of value which he knows or
should be known to him, to have been
derived from the proceeds of robbery or theft
1. Robbery or theft has been committed
2. The accused, who is not the principal or accomplice
in this crime, buys, receives, possess, keeps, acquires,
conceals, sells or disposes or buys and sells, or in any
manner deals in any article, item, object or anything
of value, which has been derived from the proceeds of
the said crime;
3. The accused knows or should have known that the
said article, item object or anything of value has been
derived from the proceeds of the crime;
4. There is, on the part of the accused the intent to
gain for himself of for another.
Penalty: Same with the crime of theft
Unlike firearms
Accused has the burden of proof to show he is
authorized to possess the drugs.
As based on the WHO, it is a cluster of
physiological, behavioral and cognitive
phenomena of variable intensity, in which the
use of psychoactive drug takes on a high
priority thereby involving, among others, a
strong desire or a sense of compulsion to take
the substance and the difficulties in
controlling substance-taking behavior in
terms of its onset, termination, or levels of
use.
Any act of injecting, intravenously
or intramuscularly, of consuming,
either by chewing, smoking,
sniffing, eating, swallowing,
drinking or otherwise introducing
into the physiological system of the
body, and of the DD.
Necessarily involves knowledge on the part of
the person delivering that what he is
delivering is DD.