Chart of Procedure in Criminal Cases in the Inferior Courts

CRIMINAL PROCEDURE-2011

Abundantia cordis, os loquitor

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

Discovery of a crime; investigation by police authorities Filing of a complaint Preliminary investigation Dismissal of the case

Remedies: Legal basis DOJ cir.- 70 & 70-A  Appeal for petition for review

Filing of the information by the prosecutor  After determination of probable cause, issuance of the Warrant of Arrest & the arrest Bail Motion to quashed y the accused

Provincial Prosecutor

Regional State Prosecutor Secretary of Justice Court of Appeals- rule 42 Supreme Court- rule 45

Motion granted: quashal of info.

If denied, arraignment/entry of plea

Plea of guilty

Plea of not guilty

judgment

 Trial

Execution

memoranda  Judgment

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

Execution

(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.

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CRIMINAL PROCEDURE-2011

Abundantia 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 to dismiss the case, calendaring for arraignment

Motion to quash by the accused

Motion granted: quashal of the information

If motion is denied, arraignment/ entry of plea

Plea of guilty

 Judgment of the court

Execution of judgment

Plea of not guilty

Determination of probable cause

Arrest of the accused

Preliminary conference

 Trial

 Judgment of the court

Execution of judgment

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