Criminal Procedure oF Rules on Summary Procedure Applicable MUNICIPAL TRIAL COURT/ AURISDICTION TigSUANCE WARRANT METROPOLITAN TRIAL COURT (OF ARREST DETERMINATION Regular Rules Applicable JURISDICTION REGIONAL TRIAL COURT Rene eee DETERMINATION | Sec 5a), Rule 112 wy,Rules on Summary Procedure (General Rule: No arrest warrant is issued Sec. 16, Il, Rules on Summary Procedure ISSUANCE WARRANT OF ARREST Preliminary investigation is required (Sec. 4, 24 par, Rule 112) Apply Sec. 5(a) Rule 112 Regular Rules ~ LAPBIY to Sec. 5b) Rule 12 Preliminary investigation is not required (Sec. 8, Rule 112) Apply Sec. (b) Rule 112 Sec. 5 (c) Rule 112 ©. ‘TEN COMMANDMENTS FOR A JUDGE ON APPLICATIONS FOR BAIL. ‘Do ot grant bail unless the accused sn legal custody. ‘Do not act on an application forball or sett for hearing unless you have jursdicion over the person ofthe accused and ofthe case. ‘Do not grant bain non-baable offenses without application and notice to the prosecutor and in balableofenses without notice to or recommendation of prosecutor. Donot grant bailin non-balable offenses withouta hearing. (Even if the prosecutorin fing the Information had recommended bil) Donot grant bal in non-balable fens without giving the prosecution ul opportunity to presents evidence, DDonot grant bal in non ball offenses simply because ofthe frosecuion's non-appearance. DDonot grant bal on appeal ate the accused have been convicted ofa non-baiable offense or rom _anon-baiiable offense ta balable offense. This shouldbe addressed othe appellate cout. Do not grant bal when the penal imposed by te Regional Tal Court excoeds sx (6) years but no ‘more than twenty (20) years where ny ofthe ccumstances mentonedin Section 5, Rule 114 are present Donat grant bal ater the judgmenthas become inal unless the accused has aplld for probation belore commencing to serve sentence, he penally and the offense being within te purview ofthe probation aw. DDonotgrantbail afer the accused had commenced to serve sentence# ‘MUNICIPAL TRIAL COURT/ METROPOLITAN TRIAL COURT Amatter of Right Plea Bargaining TRIAL Criminal ——{Ba_ }-__—[ARRAIGNMENT LA[PRETRIAL |, —+ Aspect MOTION TO REGIONAL TRIAL COURT J suspEND . Matter of Right | [Non-Bailable or Discretion CivilAspect No Plea Bargaining Modification Discharge Judgment Demurrer to Evidence Reopening Motion for Reconsideration or New TrialCriminal Procedure [imc oaT | . seo. : Ante én cata] [Rison Paodin ae Bite | | Gecdhco reared rc Arce Pa kw KL Lo rr fame co — | 2° / Tae ge | — ite EAC RT user set a} meio serous 7 cher i | Preliminary vestigation i required = Sec. 1, 2¢par, Rule 12) Regional Trl Count 1 ene ue __ er) enya no ea 4 Treen peadiggian wag |} Mater ight || Now Saas i) rear weet || etna | Regional ARSOETON Fesce Sec. 8 ul 112) ila WARRANT OF ARREST Apply Sec. fe) Rule 112 ETERUMATION |e fa ule 12 Sec Sie) Rae 112 a