CRIMINAL liability also carries civil WITNESSES as possible
liability. (2) Get their CONTACT INFORMATION for future Criminal Act is deemed to cause use. harm to both sate and offended party, hence liability to both. Step 3: FILE A COMPLAINT
Is filed by the state prosecutor WHERE:
against the offender. - OFFICE OF THE CITY PROSECUTOR (OPC) HOW TO FILE A CRIMINAL CASE: - OFFICE OF THE PROVINCIAL Step 1: REPORT THE CRIME to PROSECURTOR (OPP) proper Authorities: - Baranggay Officials NOTE: Criminal Case can only - Police be filed where the crime or Of where the crime was committed/ any elements thereof was happened. committed.
Step 2: DOCUMENT INJURIES Step 4: COOPERATE with the
and DAMAGES PRELIMINARY INVESTIGATION or WHEN HARM done to a PERSON: INQUEST - Immediately seek Medical Treatment even before - OCP or OPP conducts reporting to the authorities. preliminary investigation to - Document your INJURIES: determine: sufficient merit, PHOTOGRAPHS with enough evidence and if DOCTORS REPORT. (Dont respondent is probably delay seeking medical guilty. attention for any lapse could negatively affect your - INQUEST- a summary cases credibility) procedure for those detained and opted not to WHEN ACTING ON VICTIMS avail of a formal BEHALF: preliminary investigation. - Document the injury as detailed as possible. - In the course:
WHEN HARM done to PROPERTY: (1) Respondent may issue
- PHOTOGRAPHS OF a Counter-Affidavit to DAMAGE ANS SCENE disprove the accusations. - (2) Complainant may IN ALL CASES: respond with Reply- Affidavit. - Handled by the state After which : prosecutors or fiscals. The OCP or OPP - Private lawyers are allowed determines if there is a to assist Sate Prosecutors. sufficient ground to purse - Private lawyers may guide the case. you and provide information you need in making If YES they will file a decisions. resolution & information with the proper court. HOW TO DEFEND If NO the case will be YOURSELF FROM A DISMISSED.. CRIMNAL CASE FILED AGAINST YOU - Either party may APPEAL the finding of PROBABLE If SUED: CAUSE to the Department - You will receive a SUBPOENA of Justice. from the office of the City Prosecutor requiring you to Step 5: AWAIT JUDGES appear on a certain date and RESOLUTION time to submit COUNTER- AFFIDAVIT. Stage of the (1)Judge will INVESTIGATE preliminary investigation the MERITS of the case - and RESOLVE to either PRELIMINARY INVESTIGATION: DISMISS or bring to - An inquiry or proceeding to TRIAL. determine if there is (2)If JUDGE brings to TRIAL: sufficient ground to engender a well- founded belief that a - He will issue a WARRANT OF crime has been committed. ARREST for the RESPONDENT - Crucial stage in the criminal and will be referred to as proceedings. ACCUSED. - You need expert legal advice and engage the services of - BAIL- may be allowed but Philippine criminal defense depending on the NATURE lawyer. and GRAVITY of the case. Where: - Effect : accused temporary -You disprove the elements of freedom while trial is in the crime. progress. - YOU disclose all material facts to your criminal defense Step 6: Go Through the TRIAL lawyer where BENEFICIAL or PREJUDICIAL. CRMINAL ACTS: - defenses will be laid out in - Considered offenses against your COUNTER- AFFIDAVIT. the STATE. Thereafter: -Complainant will get a the criminal action but chance to file his Reply- generally offended party may Affidavit. make a reservation to file a - if the complainant raises separate civil action, new issues: you can file a provided he does not Rejoinder-Affidavit receive damages twice for converting the facts stated the same cause. - the complaint will be submitted for Resolution. - Carries CIVIL LIABILITY
If there is no probable cause: - Taken against INDIVIDUALS
case dismissed. or ENTITIES whose actions or negligence may have If there is probable cause: violated another persons you will receive a rights or caused harm to RESOLUTION with the another persons property. reasons for such findings. - Often resolved monetarily, - The defense lawyer may file or by arriving at a resolution a MOTION FOR for certain disputes. RECONSIDERARTION with the City Prosecutor. STEP-BY-STEP GUIDETO - If Motion is denied you may FILING A CIVIL CASE: seek remedy from the Department of Justice. STEP 1: FILE A COMPLAINT - Prosecutor will file an VENUE: depends on the NATURE of information in court with the case. recommended BAIL. Cases involving Real Estate - If the Judge finds sufficient disputes (real actions): filed in the grounds, he shall issue a proper court where the disputed WARRANT OF ARREST. property is located. Exception: Crimes punishable by RECLUSION PERPETUA. Cases involving Persons (Personal - PROOF BEYOND Actions): REASONABLE DOUBT is Filed in courts where the the QUANTUM of PROOF complainant or the defendant required to charge you. resided. Presumption of innocence in your favor and the burden Note: At the option of the plaintiff. of proving the crime lies with the prosecution. IF the defendant lives outside the Philippines and the case is a HOW TO FILE A CIVIL CASE personal dispute, file the complaint in a court within your In most cases CIVIL area of residence. ACTION: already included in IF the CASE is a Property dispute, file in a court where the IF defendant fails to attend the property if located. plaintiff may proceed to present evidence ex-parte. IN filing the complaint, you need to pay schedule-based filing Step 4: Go through Trial fees. Then the case is raffled to a judge. Presented during Trial: Evidence Step 2: ENSURE SUMMONS ARE Rebuttal Evidence SERVED Sur-rebuttals
After the complaint is filed: Witnesss direct testimony is
-corresponding summons will be given through written statements served upon the defendant. by using Judicial Affidavit. Maybe -Proof of Service for the examined on his/her Judicial summons is CRUCIAL, without it Affidavit. case may be dismissed. Step 5: Judges Decision IF the whereabouts are unknown- service by May render a decision based on publication submitted affidavits without going through an actual trial. Exhaust all means to ensure the summons are properly Constitution & Rules of Court served within the allowed decision rendered 30-90days after period so that case may the case was submitted for flourish. decision.
Step 3: GO THROUGH PRE-TRIAL Either party may file an APPEAL
within 15days from the receipt of REQUIRED BY LAW A PRE- decision. TRIAL brings all parties together If no appeal is filed, the decision for a possible of peaceful will be implemented. settlement.
Presence of both parties are
MANDATORY, unless their absence is LEGALLY excused.