CRIMINAL PROCEDURE

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaints

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

The complaint is a sworn, written statement accusing someone of one or more crimes, filed by the offended party or law enforcement officer. The complaint may be filed with the office of the prosecutor in the place where the offense was committed.

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaints

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

The following should be included in a complaint: 1. Name of the offended party 2. Specific crime charged 3. Acts or omissions that constitute the crime (remember to include the number of such acts, if repeated) 4. Name of the offender(s) 5. Approximate date of the offense 6. Place where the offense was committed

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

When the penalty provided by law is at least 4 yrs, 2 mos. & 1 day without regard to fine PROBABLE CAUSE Sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. (Revised Rules of Criminal Procedure, Rule 112, Sec. 1)

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

An information is a written accusation charging a person with an offense.

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Within ten days from the filing of the information, the judge makes an independent evaluation whether there is enough evidence to establish probable cause that the accused committed the crime(s) charged. If the judge finds probable cause, he will issue a warrant of arrest.

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

At arraignment, the court informs the accused of the charges against him and asks whether he pleads guilty or not guilty

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

The accused must be personally present to hear the charge(s) read to him by the judge or clerk and to personally enter his plea If the accused refuses to plead or makes a conditional plea, a plea of not guilty is automatically entered for him. The accused can also plead guilty to a lesser crime or to only one or some of the crimes charged in the information in exchange for a lighter sentence, but only with the consent of the offended party and the prosecutor

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

plea bargaining; stipulation of facts; marking for identification of evidence; waiver of objections to admissibility of evidence;

Initial Investigation/Filing Complaint

ORDER: 1. Presentation of prosecutions evidence 2. Presentation of defense evidence 3. Rebuttal evidence 4. Sur-rebuttal evidence 5. Submission of memoranda

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

6. Submitted for decision.

Initial Investigation/Filing Complaint

Beyond Reasonable Doubt Standard of proof used at a criminal trial requiring the judge to be satisfied to a moral certainty that every element of the crime has been proven by the prosecution. The prosecution does not have to establish absolute certainty by eliminating all doubt, but must provide enough evidence so that all reasonable doubts are removed from the mind of the ordinary person.

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

In the case of a conviction, before the verdict becomes final, the accused can make a motion for new trial or a motion for reconsideration (Rule 121, Sec. 1). Must be filed within fifteen (15) days from the promulgation of the

Judgment Motion for New Trial or Reconsideration

Appeal

Initial Investigation/Filing Complaint

The court will grant a new trial if the accused can prove that:

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

1.

Judgment Motion for New Trial or Reconsideration

Appeal

errors of law or irregularities prejudicial to the substantial rights of the accused were committed during the trial; 2. new and material evidence was discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment.
(Rule 121, Sec. 2)

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

Judgment Motion for New Trial or Reconsideration

Appeal

The court will grant reconsideration if it finds errors of law or fact in the judgment, which requires no further proceedings (Rule 121, Sec. 3).

Initial Investigation/Filing Complaint

Preliminary Investigation Filing of Information in Court Issuance of Warrant of Arrest

Arraignment Pre-trial Trial

15 days from the date of promulgation of judgment

Judgment Motion for New Trial or Reconsideration

Appeal

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