For Offenses Where A Preliminary Investigation Is Required

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CRIMINAL PROCEEDING

RIGHTS OF THE ACCUSED


1. To be presumed innocent until the contrary is proved beyond reasonable doubt
2. To be informed of the nature and cause of the accusation against him
3. To be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment
4. To testify as a witness in his own behalf but subject to cross-examination on matters
covered by direct examination. His silence shall not in any manner prejudice him
5. To be exempt from being compelled to be a witness against himself
6. To confront and cross-examine the witnesses against him at the trial
7. To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf
8. To have speedy, impartial and public trial
9. To appeal in all cases allowed and in the manner prescribed by law

INSTITUTION OF CRIMINAL ACTION


For offenses where a preliminary investigation is required
 by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation
For all other offenses
 by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered cities, the
complaint shall be filed with the Office of the Prosecutor unless
otherwise provided in their charters
STEPS:
1. Complainant goes to the police station or the proper law enforcement agency to give
his statement and that of his witnesses. The police officer in charge shall then
indorse or transmit the complaint to the office of the prosecutor.
2. Complainant may directly file his complaint to the Office of the Prosecutor or the
Municipal Trial Court judge. He must prepare his complaint-affidavit and subscribe
the same before the prosecutor or the investigating judge.
an inquiry or proceeding to determine whether there is 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
Lawful Warrantless Arrest
– A peace officer or a private person may, without a warrant, arrest a person:
 When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
 When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
 When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.[Rule 113, Sec. 5]

RESOLUTION
Within ten (10) days after the investigation, the investigating officer shall determine
whether or not there is sufficient ground to hold the respondent for trial.
If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall certify under oath in the information:

 that he, or as shown by the record, an authorized officer, has personally examined
the complainant and his witnesses;
 that there is reasonable ground to believe that a crime has been committed and that
the accused is probably guilty thereof;
 that the accused was informed of the complaint and of the evidence submitted
against him; and
 that he was given an opportunity to submit controverting evidence. [Rule 112, Sec. 4]

INFORMATION

an accusation in writing charging a person with an offense, subscribed by the


prosecutor and filed with the court.

An information is sufficient if it states:


1. the name of the accused;
2. the designation of the offense given by the statute;
3. the acts or omissions complained of as constituting the offense;
4. the name of the offended party;
5. the approximate date of the commission of the offense; and
6. the place where the offense was committed.

WARRANT OF ARREST
Within ten (10) days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on record clearly fails to establish probable
cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused has already been arrested pursuant to w warrant issued by the judge
who conducted the preliminary investigation or when the complaint or information was filed
through an inquest proceeding. [Rule 112, Sec. 6]

BAIL
security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions
specified under the Rules of Court.

MOTION TO QUASH

Grounds:

a) That the facts charged do not constitute an offense;

b) That the court trying the case has no jurisdiction over the offense charged;

c) That the court trying the case has no jurisdiction over the person of the accused;

d) That the officer who filed the information had no authority to do so;

e) That it does not conform substantially to the prescribed form;

f) That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;

g) That the criminal action or liability has been extinguished;

h) That it contains averments which, if true, would constitute a legal excuse or


justification; and

i) That the accused has been previously convicted or acquitted of the offense charged,
or the case against him was dismissed or otherwise terminated without his express
consent.

ARRAIGNMENT
The arraignment shall be made in open court by the judge or clerk by furnishing the
accused with a copy of the complaint or information, reading the same in the language or
dialect known to him, and asking him whether he pleads guilty or not guilty.

PRE-TRIAL

Matters to consider:

 plea bargaining;
 stipulation of facts;
 marking for identification of evidence of the parties;
 waiver of objections to admissibility of evidence;
 modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
 such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.

TRIAL

a) The prosecution shall present evidence to prove the charge and, in the proper case,
the civil liability.
b) The accused may present evidence to prove his defense and damages, if any,
arising from the issuance of a provisional remedy in the case.
c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present
additional evidence bearing upon the main issue.
d) Upon admission of the evidence of the parties, the case shall be deemed submitted
for decision unless the court directs them to argue orally or to submit written
memoranda.
e) When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense, the order of trial may be modified. [Rule 119, Secs.
1, 11]

DEMURRER

After the prosecution rests its case, the court may dismiss the action on the ground of
insufficiency of evidence:

(1) on its own initiative after giving the prosecution to be heard or

(2) upon demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused
may adduce evidence in his defense. When the demurrer to evidence is filed without leave
of court, the accused waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.

JUDGMENT

the adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the proper penalty and civil liability, if any.

PROBATION

If the sentence is for imprisonment of not more than six (6) years, an accused may
apply for probation within fifteen (15) days from promulgation of judgment. A choice of this
remedy however, forecloses the right to appeal the case.

Disqualified Offenders:

1. Those sentenced to serve a maximum term of imprisonment of more than six (6)
years;

2. Those convicted of subversion or any crime against the national security or public
order;

3. Those who have been previously convicted by a final judgment of an offense which is
punished by imprisonment of not less than one (1) month and one (1) day and/or fine
of not less than P200.00;

4. .Those who have once been on probation under the provision of PD 968;

5. Those who are already serving sentence;

6. Those whose conviction is on appeal;

7. Those specially disqualified by special law, such as violators of the Omnibus Election
Code.

APPEAL

 A decision of conviction may be appealed by the accused by filing a notice of appeal


to the court that rendered the decision.
 An appeal must be taken within fifteen (15) days from promulgation of the judgment
or from notice of the final order appealed from.
 This period of perfecting an appeal shall be suspended from the time a motion for
new trial or reconsideration is filed until notice of the order overruling the motion has
been served upon the accused or his counsel at which time the balance of the period
begins to run.

PAROLE

Eligible Prisoner

 Prisoner confined in prison or jail to serve an indeterminate prison sentence,


the maximum period of which exceeds one (1) year, pursuant to a final
judgment of conviction

 Has served the minimum period of said sentence

Disqualified Prisoner

 Those convicted of an offense punished with death penalty, reclusion perpetua or


life imprisonment;

 Those convicted of treason, conspiracy or proposal to commit treason or


espionage;

 Those convicted of misprision of treason, rebellion, sedition or coup d‘etat;

 Those convicted of piracy or mutiny on the high seas or Philippine waters;

 Those who are habitual delinquents, i.e. those who within a period of ten (10)
years from date of last release from prison or last conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa and falsification,
are found guilty of any of said crimes a third time or oftener;

 Those who escaped from confinement or evaded sentence;

 Those suffering from any mental disorder as certified by a government


psychiatrist/psychologist;

 Those whose conviction is on appeal;

 Those who have pending criminal case/s.

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