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Remedy Period Reason/ requisites

Amendment Before plea -Formal (merely relates to the range of penalty


(leave of without going over)
court not -Substantial (changes the nature of the offense, or
required) requires accused to present more burdensome
evidence)

Amendment After plea - Formal amendments only


with leave of
court
Amendment Before plea 1. Motion by the prosecution
to 2. With notice to the offended party
downgrade 3. With leave of court
the offense
or to exclude
and accused
Amendment After plea With leave of court
by reason of
supervening
fact
Substitution Before If it appears at any time before judgment that a
(remedy of judgment mistake has been committed in charging the
o.p) offense and the accused cannot be convicted of the
crime, the court shall dismiss the case and allow the
filing of a new one
Reservation At any time -but always under circumstances affording the
of right to before the offended party a reasonable opportunity to make
file a prosecution such reservation
separate civil starts
action presenting
(remedy of evidence
o.p)
Motion for Civil action may be consolidated with the criminal
consolidation action, upon motion of the offended party in the
(remedy of court trying the case
the o.p)
Motion for At any time If there is a prejudicial question
suspension before Where:
prosecution In the prosecutors office if still undergoing PI,
rests But if it is already filed in court, in the court
Motion to Before Absence or irregularity in the conduct of a
suspend entering a preliminary investigation
hearing and plea
conduct a
preliminary
investigation
(remedy of
a)

Demand that Within 5 Remedy of an accused if a case is filed against him


a PI be days from in court without a PI
conducted the time he -five day period is mandatory
(remedy of learns of -if no case has yet been filed in court, accused has
a) the filing of to waive his right under Art. 125 in writing and in
an the presence of his counsel
information
against him
MTC will If he finds probably cause but accused does not
issue need to be under custody, provided:
summons 1. Offense does not require p.i.
instead of a 2. There is probable cause
warrant of 3. No necessity of placing the accused under
arrest immediate custody
Commitment If a person is lawfully arrested without a warrant
order and he is already under their custody
Lifetime of a May be Until recalled by the court or served
warrant of indefinitely
arrest enforced
Habeas If no case A person is arrested and detained and he claims
corpus has yet that his arrest is illegal and his detention is unlawful
been filed
Motion to If a case has A person is arrested and detained and he claims
quash on the already that his arrest is illegal and his detention is unlawful
ground that been filed
the court has
no
jurisdiction
over the
person of the
accused
Motion to To reduce bail
reduce bail
(remedy of
a)
Motion for In cases with a penalty of d, rp, or li, and the
bail or prosecution recommends no bail.
application If a motion for bail is filed, then the court will
to be conduct a summary hearing. It is incumbent upon
released on the prosecution to show that the guilt of the
bail accused is strong. Court with resolve within 48
(remedy of hours.
a)
Withdraw At any time
improvident before
plea judgment of
conviction
becomes
final
Motion to At any time Except FJED, because it may be set up anytime,
quash before even after plea
accused
enters a
plea
Enter a plea If the court denies the motion to quash
and go to
trial, and if
convicted,
appeal the
judgment of
conviction
and assign
as one of the
errors the
denial of the
MT
Remedy of If the MTQ was granted by the court
the Allowed in:
prosecution F,C,M,L
is to amend Facts charged
the Does not substantially conform
complaint or More than one offense
information If Legal excuse or justification
the defect is
one that can
be cured by
amendment
Remedy of If MTQ is granted
the Allowed if the court has no jurisdiction over the
prosecution offense
is to refile
the
complaint or
information
Remedy of If MTQ is granted
the Allowed in:
prosecution Criminal action has been extinguished
would be to Double jeopardy
appeal from
the order
granting the
MTQ
File a motion Within one Offenses punishable by imprisonment not exceeding
to revive the year, or six years or a fine of any amount, or both,
criminal case Within two Offenses punishable by imprisonment of more than
(remedy of years six years
o.p)
Take If the witness is too sick, or infirm, or has to leave
conditional the Philippines with no definite date of return
examination Defense witness: may be taken before a judge or a
of the notary public
witness Prosecution witness: may be taken before the court
where the case is pending
Present the If accused was included in the information or
certification complaint despite him being accepted into the
of admission witness protection program
to the -the court will then discharge him on that ground
witness
protection
program
(remedy of
a)
Demurrer to After The court may dismiss the case on insufficiency of
evidence prosecution evidence on its own motion after giving the
rests prosecution an opportunity to be heard, or upon a
demurrer to evidence filed by the accused with or
without leave of court
Appeal If the judge made a mistake in relying on a certain
law
Petition for If petitioner is seeking to nullify or set aside the
certiorari judgment
Accused Within 15 To regain the remedies he lost for failing to appear
must days from during promulgation
surrender promulgatio He must explain why he failed to appear at the
himself to n promulgation
the court, If granted, he may avail of the remedies within 15
and file a days from the notice of the order granting his
motion for motion
leave to avail
of the
remedies
Motion for At any time 1. Errors of law or irregularities prejudicial to the
new trial before a substantial rights of the accused committed
judgment of during the trial
conviction 2. New and material evidence which could not
becomes be discovered and produced at the trial and
final which if introduced and admitted would
probably change the judgment
Motion for At any time Errors of law or fact in the judgment, which requires
reconsiderati before a no further proceeding.
on judgment of
conviction
becomes
final

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