8/13/2019 Chart of Criminal Procedure

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CRIMINAL PROCEDURE-2011Abundantia cordis, os loquitor

Procedure in Criminal Cases in the Inferior Courts (not covered by the rule on summary procedure)

Discovery of a crime; investigation bypolice authorities

Filing of a complaint

Preliminary investigation

Dismissal of the case

Note: If in any case, should the accused be unsatisfied with the decision of the trial court

(including the judgment on the motion to quash), appeal maybe made to the proper appellate court prior to the finality of

the judgment.

If the judgment is acquittal the remedy is not appeal, but file a petition for certiorari based on grave abused of

discretion amounting to lack or excess of jurisdiction.

Filing of the information by the prosecutor

After determination of probable cause, issuance of

the Warrant of Arrest & the arrestRemedies: Legal basis

DOJ cir.- 70 & 70-A

Appeal for petition for

review

Provincial Prosecutor

Regional State Prosecutor

Secretary of Justice

Court of Appeals- rule 42

Supreme Court- rule 45

Bail

Motion to quashed y the accused

Motion granted:

quashal of info.

If denied, arraignment/entry

of plea

Plea of guilty Plea of not guilty

judgment Trial

Execution memoranda

Judgment

Execution

8/13/2019 Chart of Criminal Procedure

2/2

CRIMINAL PROCEDURE-2011Abundantia cordis, os loquitor

Procedure in Criminal Cases in the Inferior Courts (covered by the rule on summary procedure)

Filing of a complaint or information

Court determines whether or not todismiss the case, calendaring for

arraignment

Motion to quash by the accused

If motion is denied, arraignment/ entry of

plea

Plea of guilty Plea of not guilty

Judgment of the court Determination of probable

cause

Execution of judgment Arrest of the accused

Preliminary conference

Trial

Judgment of the court

Motion granted: quashal of the

information

Execution of judgment