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Criminal-Procedure-Flowchart

Elementary Eduction (Central Luzon State University)

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COMMISSION OF AN ARREST WITH WARRANT PRELIMINARY INVESTIGATION

OFFENSE
RULE 113. Sec. 1 Arrest is the taking of a RULE 113. Sec. 3 It shall be the duty of the officer RULE 112. Sec. 1 Preliminary investigation is an inquiry or
*Jurisdiction is acquired either through person into custody in order that he may be executing the warrant to arrest the accused and proceeding to determine whether there is sufficient
voluntary submission to the court, bound to answer for the commission of an to deliver him to the nearest police station or jail ground to engender a well-founded belief that a crime has
arrest, or through posting of bail. offense. without necessary delay. been committed and the respondent is probably guilty
thereof, and should be held for trial.

CIVIL ACTION FOR CIVIL Rule 111. Sec. 1 When a criminal action is Except as provided in Section 6 of this Rule, a preliminary
INSTITUTION OF CRIMINAL ACTION LIABILITY DEEMED instituted, the civil action for the recovery of civil investigation is required to be conducted before the filing
liability arising from the offense charged shall be of a complaint or information for an offense where the
INSTITUTED (RULE 111) deemed instituted with the criminal action penalty prescribed by law is at least 4 years, 2 months and
unless the offended party waives the civil action, 1 day without regard to the fine.
reserves the right to institute it separately or
ALL OTHER OFFENSES NOT institutes the civil action prior to the criminal
PENALTY IS AT UNDER RULE 112 action.
LEAST 4 YEARS, 2
MONTHS, 1 DAY

COMPLAINT OR NO PROBABLE PROBABLE

INFORMATION FILED WARRANTLESS CAUSE CAUSE
PRELIMINARY
WITH INFERIOR ARREST
INVESTIGATION
COURTS OR OFFICE OF
RULE 110. Sec. 1 Criminal actions
PROSECUTOR RULE 113. Sec. 5 A peace officer or a private
shall be instituted as follows: person may, without a warrant, arrest a DISMISSAL
person:
ISSUE
(a) for offenses where a preliminary SUBPOENA
investigation is required pursuant (a) when, in his presence, the person to be
to Section 1 of Rule 112, by filing arrested has committed, is actually
the complaint with the proper committing, or is attempting to commit an
NO offense;
officer for the purpose of PROBABLE an offense.
conducting the requisite PROBABLE
preliminary investigation. CAUSE (b) when an offense has just been committed, RESPONDENT FILES
CAUSE and he has probable cause to believe based on
(b) for all other offenses, by filing personal knowledge of facts or circumstances COUNTER-AFFIDAVIT
the complaint or information that the person to be arrested has committed
directly with the Municipal Trial it; and
Courts and Municipal Circuit Trial
CRIMINAL
Courts, or the complaint with the DISMISSAL (c) when the person to be arrested is a
office of the prosecutor. In Manila INFORMATION prisoner who has escaped from a penal RESOLUTION
and other chartered cities, the
FILED IN COURT establishment or place where he is serving
complaint shall be filed with the final judgment or is temporarily confined while
office of the prosecutor unless his case is pending, or has escaped while being
otherwise provided in their
transferred from one confinement to another.
charters.

The institution of the criminal

In cases falling under paragraph (a) and (b) MAY FILE
JUDGE ISSUES WARRANT above, the person arrested without a warrant
action shall interrupt the running
shall be forthwith delivered to the nearest
PETITION FOR
period of prescription of the OF ARREST UPON FINDING
offense charged unless otherwise
police station or jail and shall be proceeded REVIEW WITH
OF PROBABLE CAUSE against in accordance with section 7 of Rule
provided in special laws. DOJ / OP
112.
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Additional situations when warrantless

arrest is valid:
CRIMINAL INFORMATION
a) where a person who has been lawfully
FILED IN COURT UPON POSTING OF BAIL CRIMINAL
arrested escapes or is rescued (RULE 113,
FINDING OF PROBABLE Sec. 13) INFORMATION
CAUSE FILED IN COURT
b) by the bondsmen for the purpose of
ARRAIGNMENT / PLEA surrendering the accused (RULE 114, Sec. 23)

c) where the accused attempts to leave the

country without permission of the court
(RULE 114, Sec. 23)
JUDGE ISSUES WARRANT PRE-TRIAL JUDGE EVALUATES
OF ARREST UPON FINDING RESOLUTION OF PUBLIC
OF PROBABLE CAUSE PROSECUTOR
TRIAL JUDGMENT SEARCH AND SEIZURE

RULE 126. Sec. 13 A person lawfully

APPEAL arrested may be searched for dangerous NO PROBABLE
POSTING OF BAIL weapons or anything which may have
NO PROBABLE CAUSE PROBABLE
been used or constitute proof in the
CAUSE commission of an offense without a CAUSE
search warrant.

ARRAIGNMENT / PLEA DISMISSAL

DISMISSAL
SUBMIT INQUEST
PRE-TRIAL ADDITIONAL PROCEEDINGS
AFFIDAVIT SUBMIT
*Public prosecutor shall determine ADDITIONAL
whether or not warrantless arrest AFFIDAVIT
TRIAL JUDGMENT APPEAL was valid.

ACCUSED MAY ASK FOR VALID ARREST INVALID ARREST

PRELIMINARY INVESTIGATION
WARRANT
OF ARREST
DETAINED CRIMINAL
INFORMATION IMMEDIATE
WAIVER ART. 125 RELEASE OF THE
FILED IN COURT
ACCUSED
JUDGE ISSUES
COMMITMENT
COMMITMENT ORDER
ORDER IF DETAINED
JUDGE ISSUES WARRANT OF
ARREST UPON PROBABLE CAUSE PRELIMINARY
INVESTIGATION
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RULE 114. Sec. 1 Bail is the 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 hereinafter specified. Bail
may be given in the form of corporate surety, property POSTING OF BAIL
bond, cash deposit, or recognizance. CRIMINAL INFORMATION FILED
IN COURT UPON FINDING OF
PROBABLE CAUSE
ACCUSED RELEASED
FROM CUSTODY ARRAIGNMENT

1987 CONSTITUTION, ART. III. SEC 2.

RULE 115. RIGHTS OF ACCUSED
...No search warrant or warrant of arrest shall
Sec. 1 In all criminal prosecutions, the accused shall be entitled to the following PRE-TRIAL issue except upon probable cause to be
rights: determined personally by the judge after
examination under oath or affirmation of the
(a) to be presumed innocent until the contrary is proved beyond reasonable complainant and the witnesses he may produce,
doubt. and particularly describing the place to be
TRIAL searched and the persons or things to be seized.
(b) to be informed of the nature and cause of the accusation against him.

(c) to be present and defend in person and by counsel at every stage of the
proceedings, from arraignment to promulgation of the judgment. The accused
may, however, waive his presence at the trial pursuant to the stipulations set JUDGMENT
forth in his bail, unless his presence is specifically ordered by the court for
purposes of identification. The absence of the accused without justifiable
cause at the trial of which he had notice shall be considered a waiver of his PROBABLE CAUSE NO PROBABLE CAUSE
right to be present thereat. When an accused under custody escapes, he shall
be deemed to have waived his right to be present on all subsequent trial dates APPEAL
until custody over him is regained. Upon motion, the accused may be allowed
to defend himself in person when it sufficiently appears to the court that he
can properly protect his right without the assistance of counsel.

(d) to testify as a witness in his own behalf but subject to cross-examination on

ISSUE WARRANT
matters covered by direct examination. His silence shall not in any manner OF ARREST SUBMIT
prejudice him.
SUPPORTING
(e) to be exempt from being compelled to be a witness against himself. The judge may rely upon fiscal’s AFFIDAVITS
certification of the existence of
(f) to confront and cross-examine the witnesses against him at the trial. Either probable cause whether or not the
party may utilize as part of its evidence the testimony of a witness who is case is cognizable only by the RTC. He
deceased, out of or cannot with due diligence be found in the Philippines, shall personally evaluate the report If on the face of the information he
unavailable or otherwise unable to testify, given in another case or proceeding, and the supporting documents finds no probable cause, he may
judicial or administrative, involving the same parties and subject matter, the submitted by the fiscal regarding the disregard the fiscal’s certification and
adverse party having the opportunity to cross-examine him. existence of probable cause. require the submission of supporting
affidavits of witnesses to aid him in
(g) to have compulsory process issued to secure the attendance of witnesses arriving at a conclusion as to the
and production of other evidence in his behalf. existence of a probable cause.
POSTING OF BAIL
(h) to have speedy, impartial and public trial.

(i) to appeal in all cases allowed and in the manner prescribed by law.

ARRAIGNMENT
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RULE 116. Sec. 1 ARRAIGNMENT AND PLEA

(a) the accused must be arraigned before the court where the
complaint or information was filed or assigned for trial. The
RULE 117. Sec. 3 The accused may move to quash the complaint or
arraignment shall be made in open court by the judge or clerk by
information on any of the following grounds:
furnishing the accused with a copy of the complaint or information,
a) That the facts charged do not constitute an offense; MAY FILE MOTION TO QUASH reading the same in the language or dialect known to him, and asking
b) That the court trying the case has no jurisdiction over the him whether he pleads guilty or not guilty. The prosecution may call
offense charged; at the trial witnesses other than those named in the complaint or
RULE 117. Sec. 1 At any time before
c) That the court trying the case has no jurisdiction over the information.
entering his plea, an accused may move to
person of the accused; quash the complaint or information. (b) the accused must be present at the arraignment and must
d) That the officer who filed the information had no
personally enter his plea. Both arraignment and plea shall be made of
authority to do so;
record, but failure to do so shall not affect the validity of the
e) That it does not conform substantially to the prescribed
proceedings.
form;
f) That more than one offense is charged except when a PRE-TRIAL (c) when the accused refuses to plead or makes a conditional plea, a
single punishment for various offenses is prescribed by plea of not guilty shall be entered for him.
law;
g) That the criminal action or liability has been extinguished; RULE 118. Sec. 1 In all criminal cases cognizable by the (d) when the accused pleads guilty but presents exculpatory
h) That it contains averment, which, if true, would constitute Sandiganbayan, Regional Trial Court, Metropolitan Trial evidence, his plea shall be deemed withdrawn and a plea of not guilty
a legal excuse or justification; and Court, Municipal Trial Court in Cities, Municipal Trial Court shall be entered for him.
i) That the accused has been previously convicted or and Municipal Circuit Trial Court, the court shall, after
acquitted of the offense charged, or the case against him arraignment and within 30 days from the date the court (e) when the accused is under preventive detention, his case shall be
was dismissed or otherwise terminated without his acquires jurisdiction over the person of the accused, raffled and its records transmitted to the judge to whom the case was
express consent. unless a shorter period is provided for in special laws or raffled within three 3 days from the filing of the information or
circulars of the Supreme Court, order a pre-trial complaint. The accused shall be arraigned within 10 days from the
conference to consider the following: date of the raffle. The pre-trial conference of his case shall be held
within 10 days after arraignment.
a) Plea bargaining
b) Stipulation of facts (f) the private offended party shall be required to appear at the
c) Marking for identification of evidence of the arraignment for purposes of plea bargaining, determination of civil
parties liability, and other matters requiring his presence. In case of failure of
d) Waiver of objections to admissibility of the offended party to appear despite due notice, the court may allow
evidence the accused to enter a plea of guilty to a lesser offense which is
e) Modification of the order of trial if the accused necessarily included in the offense charged with the conformity of the
TRIAL admits the charge but interposes a lawful trial prosecutor alone.
defense
f) Such matters as will promote a fair and (g) unless a shorter period is provided by special law or Supreme
RULE 119. Sec. 1 After a plea of not guilty is entered, the accused shall expeditious trial of the criminal and civil Court circular, the arraignment shall be held within 30 days from the
have at least 15 days to prepare for trial. The trial shall commence aspects of the case date the court acquires jurisdiction over the person of the accused.
within 30 days from receipt of the pre-trial order. The time of the pendency of a motion to quash or for a bill of
Sec. 3 After the pre-trial conference, the court shall issue particulars or other causes justifying suspension of the arraignment
Sec 2. …In no case shall the entire trial period exceed one hundred an order reciting the actions taken, the facts stipulated, shall be excluded in computing the period.
eighty (180) days from the first day of trial, except as otherwise and evidence marked. Such order shall bind the parties,
authorized by the Supreme Court. limit the trial to matters not disposed of and control the
course of the action during the trial, unless modified by
The time limitations provided under this section and the preceding the court to prevent manifest injustice.
section shall not apply where special laws or circulars of the Supreme
Court provide for a shorter period of trial.

RULE 119 Sec. 9 If the accused is not brought to trial within the time limit required by Section
1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the information may be
dismissed on motion of the accused on the ground of denial of his right of speedy trial. The
IF NOT WITHIN accused shall have the burden of proving the motion but the prosecution shall have the burden
MOTION TO DISMISS of going forward with the evidence to establish the exclusion of time under section 3 of this
THE TIME LIMIT rule. The dismissal shall be subject to the rules on double jeopardy.
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PROSECUTION ACCUSED PRESENTS PROSECUTION AND DEFENSE PRESENT

PRESENTS EVIDENCE DEFENSE REBUTTAL AND SUR-REBUTTAL EVIDENCE

RULE 119. Sec. 11 The trial shall proceed in the following order:

(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
CASE SUBMITTED FOR
provisional remedy in the case. DECISION
(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. RULE 120. Sec. 1 Judgment is the adjudication by the court
(d) upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court that the accused is guilty or not guilty of the offense charged
directs them to argue orally or to submit written memoranda. JUDGMENT and the imposition on him of the proper penalty and civil
(e) when the accused admits the act or omission charged in the complaint or information but interposes a lawful liability, if any. It must be written in the official language,
defense, the order of trial may be modified. personally and directly prepared by the judge and signed by
him and shall contain clearly and distinctly a statement of the
APPEAL facts and the law upon which it is based.

GRANTED ACCUSED SHALL FILE

MOTION WITH
DEMURRER
ACCUSED MAY LEAVE OF COURT
TO TEST SUFFICIENCY OF
FILE DEMURRER DENIED
PROSECUTION’S EVIDENCE
TO EVIDENCE ACCUSED PRESENTS
WITHOUT LEAVE EVIDENCE
OF COURT
RULE 119. Sec. 23 DEMURRER TO EVIDENCE
GRANTED DEMURRER: DISMISSAL
After the prosecution rests its case, the court may dismiss the action on the ground of
insufficiency of evidence ON THE GROUND OF
DEMURRER DENIED
INSUFFICIENCY OF EVIDENCE
(1) on its own initiative after giving the prosecution the opportunity to be heard or

(2) upon demurrer to evidence filed by the accused with or without leave of court.
RULE 121. Sec. 1 NEW TRIAL OR RECONSIDERATION
If the court denies the demurrer to evidence filed with leave of court, the accused may ACCUSED BARRED FROM At any time before a judgment of conviction becomes final, the court
adduce evidence in his defense. When the demurrer to evidence is filed without leave of
PRESENTING EVIDENCE may, on motion of the accused or at its own instance but with the
court, the accused waives the right to present evidence and submits the case for
consent of the accused, grant a new trial or reconsideration.
judgment on the basis of the evidence for the prosecution.
Sec. 2 The court shall grant a new trial on any of the following grounds:
The motion for leave of court to file demurrer to evidence shall specifically state its
grounds and shall be filed within a non-extendible period of 5 days after the prosecution (a) the errors of law or irregularities prejudicial to the
rests its case. The prosecution may oppose the motion within a non-extendible period of CASE SUBMITTED FOR substantial rights of the accused have been committed
5 days from its receipt. during the trial;
DECISION
(b) the new and material evidence has been discovered which
If leave of court is granted, the accused shall file the demurrer to evidence within a non-
the accused could not with reasonable diligence have
extendible period of 10 days from notice. The prosecution may oppose the demurrer to
discovered and produced at the trial and which if
evidence within a similar period from its receipt.
introduced and admitted would probably change the
The order denying the motion for leave of court to file demurrer to evidence or the NEW TRIAL OR judgment.
demurrer itself shall not be reviewable by appeal or by certiorari before judgment. RECONSIDERATION Sec. 3 The court shall grant reconsideration on the ground of errors of
law or fact in the judgment, which requires no further proceedings.
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RULE 120. Sec. 6 PROMULGATION OF JUDGMENT

JUDGMENT The judgment is promulgated by reading it in the presence of the

accused and any judge of the court in which it was rendered.
However, if the conviction is for a light offense, the judgment may
be pronounced in the presence of his counsel or representative.
When the judge is absent or outside of the province or city, the
judgment may be promulgated by the clerk of court…

APPEAL
RULE 122. Sec. 1 Any party may appeal from
a judgment or final order, unless the accused
will be placed in double jeopardy.

Sec. 3 HOW APPEAL TAKEN

NOTICE OF APPEAL FILED WITH COURT …shall be taken by filing a notice of appeal with the court which rendered the judgment or
WHICH RENDERED JUDGMENT WITHIN final order appealed from and by serving a copy thereof upon the adverse party.
15 DAYS FROM PROMULGATION Sec. 6 WHEN APPEAL TO BE TAKEN

An appeal must be taken within 15 days from promulgation of the judgment or from notice
of the final order appealed from. This period for 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 shall have been served upon the accused or his counsel at which time
STENOGRAPHER FILES TRANSCRIPTION OF the balance of the period begins to run.
PROCEEDINGS WITH THE CLERK OF COURT
Sec. 7 When notice of appeal is filed by the accused, the trial court shall direct the
stenographic reporter to transcribe his notes of the proceedings. When filed by the People
of the Philippines, the trial court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon motion, shall specify in writing.
The stenographic reporter shall certify to the correctness of the notes and the transcript
thereof, which shall consist of the original and four copies, and shall file the original and four
CLERK OF COURT TRANSMITS RECORD OF THE copies with the clerk without unnecessary delay...
CASE TO THE CLERK OF COURT OF THE APPELLATE Sec. 8 Within 5 days from the filing of the notice of appeal, the clerk of the court with whom
COURT WITHIN 5 DAYS FROM FILING OF NOTICE the notice of appeal was filed must transmit to the clerk of court of the appellate court the
complete record of the case, together with said notice. The original and three copies of the
transcript of stenographic notes, together with the records, shall also be transmitted to the
clerk of the appellate court without undue delay. The other copy of the transcript shall
*Appeals in criminal cases are perfected when the interested party or parties have remain in the lower court.
personally or through their counsel filed with the clerk of court a written notice
expressly stating the appeal. When an appeal has been perfected, the court a quo
loses jurisdiction.

aizaebina/2015
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