Barebones Crim pro

>6 years penalty then Rtc

<6 but including 6 then MTC

Instituting a criminal action at the appropriate court

If preliminary investigation is needed for the offense, by filing with the proper officer to conduct the
requisite preliminary investigation.

If no appearing respondent within 90 day then the investigator may proceed ex parte and he may also
have a clarificatory hearing or pre suspension hearing if needed

Offenses with a penalty of 4,2,1 require preliminary investigation and the proper officers are

1. Provincial and city prosecutor including their assistants

2. Regional and state prosecutors
3. Other officers authorized by law

If he finds probable cause that the accused is probably guilty, then file the information with the RTC or
mtc whichever is applicable

You may appeal the said resolution of probable cause by appealing to the doj or if the offense is less
than 6 to the regional or state prosecution. If the doj affirms the resolution, if with DP or RP appeal by
PFR to OOP or if not to the CA via PFC

At the court, the judge shall personally evaluate, within 10 days, the resolution and its supporting
evidence by the investigator and if probable cause was found then he shall issue a warrant of arrest. If
he doubts then he may ask the prosecution to provide more supporting evidence within 5 days from the
receipt of order. If he finds no necessity to place the accused under custody then he may instead just
issue summons

If he was validly arrested without a warrant and the offense required preliminary investigation, then the
information may be filed provided a inquest investigation is undertaken in substitution to the
preliminary investigation. Inquest is an informal investigation for valid warrantless arrests for offenses
requiring PI. Commitment order

He may however request a PI by waiving thru signing in presence of counsel the art 125 of detention.
There shall be 15 day investigation and he may still file for bail. If already filed within 5 days from
knowledge he may still request it

If the offense is lower than 4,2,1 then preliminary investigation is not necessary, the criminal action is
then instituted by directly filing the information to the MTc or the complaint with the OCP

Arrest the taking of a person into custody in order to bound to answer for the commission of an
offense. The arresting officer brings him to the nearest jail or police station without unnecessary delay
He has the remedy of petition for habeas corpus to question its legality

He may then file a bond which may be thru cash deposit, property bond, corporate surety or
recognizance

Bail is a matter of right

a. Before or after J in the mtc

b. Before a J in the RTC of an offense with a penalty less than of d,rp and li
c. Before the j in the rtc of an offense with, d,rp and li and the evidence of guilt is weak

Bail is a matter of discretion

A. In rtc after the j of an offense with a penalty less than d,rp or li

Bail is neither a matter of right or discretion

a. Before the j of an offense with a penalty of d,rp or li and the evidence of guilt is strong
b. After the j of an offense with the penalty of d,rp or li
c. After the j of an offense with the penalty less than and accompanied by a bail negating
circumstance
1. Recidivist, quasi recidivist, habitual delinquent or aggravating circumstance of reiteration
2. He violates the condition of his probation, parole or conditional pardon
3. He previously evaded the service of his sentence
4. He has a propensity to commit another crime while out in bail
5. He has a high probability as a flight risk while the case is pending
d. Upon finality of j of c unless he applies for probation/<6 yrs

Failure to appear and an order of forfeiture for his bail is filed. The bondsman shall then have 30 days to

1. Produce the body of the accused or give reason for his non production
2. Explain why he failed to appear the time he was required to do so
3. Show cause why a judgment should not be rendered against him for the amount of bail. A order
of confiscation shall then be issued in favor of the government

Bail is cancelled upon surrender of the accused to the court or proof of his death

Automatically cancelled upon dismissal, acquittal and execution of final judgment

Arraignment the reading of the complaint and information can only be waived in two instances

1. In multiple cases
2. In criminal cases involving an environmental law

The plea must be made personally in open court

Instances when the court may enter a plea for the accused

1. refuses to enter a plea

2. if the accused enters a conditional plea
3. if he pleads guilty but he proves incomplete self defense by presenting exculpatory evidence

improvident plea is a plea of guilty based on misleading information or mistaken assumption and it may
be withdrawn at any time before judgment of conviction becomes final

The arraignment may be suspended

1. prejudicial question
2. the accused appears to be suffering from an unsound mental condition
3. the pendency of a petition for review at the doj or oop within 60 days

he may also file a motion to quash

1. the facts charged do not constitute an offense

2. the court trying the case has no jurisdiction over the offense charged
3. the court trying the case has no jurisdiction over the person of the accused
4. the officer who filed the case has no authority to do so
5. the information does not conform substantially to the prescribed form
6. that more than one offense is charged except in special complex crimes
7. the criminal action or liability has been extinguished
8. that it contains averments if true shall constitute a legal justification or excuse
9. that it would place the accused in double jeopardy

1379 cannot be waived and 1568 must give opportunity to amend

Pre trial

The purposes are

1. plea bargaining- pleading to a same offense or lesser offense necessarily included in the offense
charged.
The duties of the court if he pleaded to a capital offense
a. conduct searching inquiries into the voluntariness and full comprehension of his plea of guilt
b. to require the prosecution to present evidence to prove the guilt of the accused and his
precise degree of culpability
c. to allow the accused to present his evidence if he so desires
 it requires the consent of the prosec and the Op unless the OP fails to appear then the
prosec is sufficient
In victimless crimes, the prosec and arresting officer gives consent
2. stipulation of facts agreements and admissions can be used against the accused if it is in
writing and signed by the accused and his counsel
judicial notice and admission need not evidence
3. marking for identification of evidence those not marked are void
4. waiver of objections to admissibility of evidence if the accused admits the charge but
interposes a lawful defense then reverse trial
5. modification of the order of tria

if civilly allowed then the case may be referred to the Philippine mediation center

after, a pretrial order is issued

trial

viatory right in civil cases or right to not be compelled

in criminal, it is conditional examination

discharge exclude or discharge

requisites

1. there are several accused that are jointly charged

2. before the prosecution rest(also suspend but before he start ask to reserve, file a motion for the
accused to be discharged and the accused must give his consent in a sworn statement narrating
his participation
3. that the motion is be with a hearing and evidence is submitted in support. Among the evidence
are
1. that the court is satisfied that there is absolute necessity for the testimony of the accused
who is being discharged
2. there is no other direct evidence for the prosecution of the offense other than the
testimony of the accused
3. the testimony of the accused can be substantially corroborated on its material points
4. he does not appear to be the most guilty
5. that he has not been convicted of a crime involving moral turpitude.
4. The court then issues an order for the discharge and the effect is acquittal

He can be re included if he refuses to testify or his testimony is contrary to his sworn statement

Distinction of 6981 and discharge

 a. The first applies only to grave felonies and its equivalent special laws while the other applies to
all
b. The first requires the accused or any member of his family within 2nd degree of consanguinity or
affinity to be subject to likelihood of bodily harm or threat to life while the other has no
requirement
c. The first does not apply to law officers while the other applies
d. In the first the accused need not be charged elsewhere while in the other it must be in the same
case as the accused
e. The first he need not be an accused and in the other he has to be one of the accused
f. The first has the doj as the sole authority to determine or grant it while the other has to be
granted by the court
g. In the first, he has benefits, acquittal and certificate of admission is given and the other has no
benefit and the order of the court acts as an acquittal

In transactional whatever arises out of and in use and derivative use the testimony cannot be used
against him in a subsequent prosecution

Demurrer to evidence

Filed by the accused after prosecution rests and the courts dismissed the case on the ground of
insufficiency of evidence

Or it can be on the courts own initiative

A demurrer without leave of court is waiver to present evidence and the case is automatically submitted
to for decision

If it is with leave of court then the accused may adduce evidence

The granting is acquittal.

According on the revised rules on continuous trial, the court shall ask if demurrer is desired and if yes,
an oral motion for leave of court is immediate and it is granted or denied in open court then and there

Judgment is the written adjudication by the court that the accused is guilty or not guilty and the
imposition of the proper penalty and civil liability if necessary

Requisites

1. It must be in writing
2. Written in a official language
3. Directly and personally prepared by the judge
4. It stated clearly and distinctly the facts and the law
5. Signed by the judge and filed with the clerk of court
Judgment is promulgated by reading in open court and in light offenses by reading to his counsel or
representative

Failure to appear in the promulgation and he loses all remedies. He was notified

Within 15 days from promulgation he may regain the remedies by surrendering himself to the court and
filing a motion to avail of remedies. In the motion he explains why he failed to appear at the
promulgation and if the court finds the reason as meritorious then he issues an order. The accused shall
have 15 days to avail of the remedies from the receipt of order

A judgment acquittal is immediate

Cannot appeal if it amount to Dj or the accused invoked the right to speedy trial

If it amounts to DJ then PFC

Appeal admits valid yet incorrect J and in PFC it is not a valid or it is void although it may be correct

The judgment is final by

1. Lapse of period
2. Sentence satisfied
3. By waiving the right to appeal
4. By applying for probation

Neypes rule or a fresh 15 days period from receipt of any order

P of J then 15 before F, Appeal, receipt of result and so another 15 and so on

MFNT and MFRj

They can be granted in it own initiative but with consent of the court

Grounds for new trial

1. That errors of law or irregularities prejudicial to substantial rights of the accused are committed
at the trial
2. Newly discovered evidenc- cannot be discovered in trial by ordinary diligence and if admitted it
would probably change the result

If doubtful settle for motion for reopening of trial which is to avoid miscarriage of justice

In case of acquittal you can appeal to the civil aspect only

30 days to prepare appellants brief and pay docket fees but can be extend unlike period to appeal of 15
days

Its contents are

 a. Statement of the case
b. Statement of the facts
c. Statement of the issues involved
d. Assignment of errors
e. Arguments on assigned errors

Questions of facts and law

A petition for habeas corpus after final is a remedy when

a. In a violation of constitutional rights which resulted to restraint of the person

b. The court has no jurisdiction to impose the sentence
c. Penalty imposed is excessive
d. The result of a dna examination that the accused did not commit the crime

Dna is useful to determine

1. Questions of paternity
2. Identity of a person
3. To prove the commission of a crime

Upon the request and without need of a court order and the following are present

1. There is dna sample

2. The sample is relevant
3. The result is likely to cause a reversal of judgment of conviction

By fiiing the petition with the ca, court of origin or sc

Search warrant , 10 day and cannot extend and used only one

Warrant of arrest shall remain in effect until recalled by the court that issued it

Search warrant

1. Is an order in writing
2. Issued in the name of pp
3. Signed by a judge
4. Addressed to a peace officer
5. Commanding him to search the personal property described therein
6. And bring it to court

General warrant or a scatter shot warrant is void

1. It is issued by any court within whose territory the crime was committed
 2. For a compelling reason to be stated, the application may be filed with any court within the
judicial region where the crime was committed if the place is known or with the court where the
search warrant is to be enforced
3. If a criminal action has already been instituted, the application must be filed only with that court

a remedy against it is to

file a motion to quash search warrant or a motion to suppress illegally obtained evidence

this remedy is filed where the criminal action is instituted, if there is no action yet with the court that
issued the warrant and if the court that issued the warrant has not yet resolved the motion, and in the
meantime, a action is instituted with another court then the motion must be resolved by the latter court