For Offenses Where A Preliminary Investigation Is Required
For Offenses Where A Preliminary Investigation Is Required
For Offenses Where A Preliminary Investigation Is Required
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
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:
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;
f) That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
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:
(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;
7. Those specially disqualified by special law, such as violators of the Omnibus Election
Code.
APPEAL
PAROLE
Eligible Prisoner
Disqualified Prisoner
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;