FORMS IN CRIMINAL

PROCEDURE
1. Criminal complaint under Rule on Summary Procedure
2. Complaint for acts of lasciviousness
3. Caption of criminal complaint requiring preliminary investigation
4. Jurat or oath of criminal complaint or affidavits of witnesses
before prosecutor
5. Jurat or oath of criminal complaint of affidavits of witnesses
before notary public
6. Complaint-affidavit
7. Petition for review of prosecutor’s resolution filed with the
Secretary of Justice
8. Motion for preliminary investigation
9. Motion to quash warrant of arrest
10. Motion to suppress illegally seized evidence
11. Application for issuance of warrant of arrest
12. Complaint by private complainant
13. information by prosecutor
14. Motion for leave of court to amend information on
formal matters
15. Motion to amend by downgrading offense or excluding
another accused from information
16. Motion for amendment due to supervening events
17. Motion for determination of probable cause and/or recall
warrant of arrest
18. Motion for bail in capital offense
19. Motion for bail after conviction by trial court
20. Opposition to motion for bail by prosecution
21. Motion to quash information
22. Motion for bill of particulars
23. Motion for production and inspection of evidence
24. Motion to suspend arraignment
25. Motion to dismiss for failure to bring accused to trial
26. Motion to dismiss for violation of constitutional
right to speedy disposition of accused’s case
27. Motion to transfer venue for trial
28. Application for examination of defense witnesses
29. Application for examination of prosecution witness
30. Motion for discharge of accused as state witness
31. Motion for leave of court to file demurrer to
evidence
32. Demurrer to evidence
33. Motion for new trial
34. Motion for reconsideration
35. Appeal from MTC to RTC
36. Appeal from RTC to CA
37. Petition for issuance of search warrant
38. Motion to quash search warrant or to suppress
illegally seized personal properties
PAYMENT OF FILING FEES FOR CRIMINAL
COMPLAINTS

 DOJ Circular No. 42 issued on September 14,

2005 pursuant to R.A. No. 9279

 Indigent litigants, the Republic of the

Philippines, its agencies and instrumentalities
other than government owned and controlled
corporations, are exempted from payment of
legal fees.
INSTITUTION OF CRIMINAL ACTIONS
1. Offense where a PI is required ( S1, R112 of
RoC), by filing the complaint with the proper
officer

2. All other offenses, by filing the complaint or

information with the MTC, MCTC, or with the
office of the prosecutor.
CRIMINAL CASES UNDER THE RULE ON
SUMMARY PROCEDURE

By filing the complaint or information and shall be

accompanied by the affidavits of the complainants and of
his witnesses. However, in Metropolitan Manila and in
chartered cities, such case shall be commenced only by
information, except when the offense cannot be prosecuted
de oficio.
(see form no. 1, 2)
CASES REQUIRING NO PRELIMINARY
INVESTIGATION

1. If filed with the prosecutor – if the complaint is

filed directly with the prosecutor involving an
offense punishable by imprisonment of less
than 4 years, 2 months and 1 day, the
procedure outlined in S 3(a), R 112 shall be
observed.
2. If filed with the MTC – still the procedure
outlined in S 3(a), R 112 shall be observed.
CASES REQUIRING PRELIMINARY
INVESTIGATION

Criminal complaints for preliminary investigation

may be filed with the Office of the Prosecutor
(provincial or city) for all crimes, other than those
which fall within the jurisdiction of the Sandiganbayan,
which should be filed with the Office of the
Ombudsman, or with the Commission on Elections with
respect to election offenses.
(see form nos. 3,4,5,6)
RESOLUTION OF FINDINGS OF PROBABLE
CAUSE BY PROSECUTOR

If, after preliminary investigation, the prosecutor

finds probable cause to file the information in court, he
issues a resolution to that effect, the resolution may be
challenged before the Secretary of Justice in a petition
for review.
(see form no. 7)
ARREST

Under S 1, R 113 of the Rules of court, arrest is

the taking of a person into custody in order that he may
be bound to answer for the commission of an offense.
(see form no. 8, 9, 10, 11)
COMPLAINT OR INFORMATION
 Complaint – is a sworn written statement charging a
person with an offense, subscribed by the offended
party, any peace officer or other public officer charged
with the enforcement of the law violated.
 Information – an information is an accusation in
writing charging a person with an offense, subscribed
by the prosecutor and filed with the court.
(see form no. 12, 13)
 AMENDMENTS OF INFORMATION
S 14, R 110 reads – a complaint or information may be
amended, in form or in substance, without leave of court,
at any time before the accused enters his plea. After the
plea and during the trial, a formal amendment may only
be made with leave of court and when it can be done
without causing prejudice to the rights of the accused.
 If it appears at any time before judgment that a mistake
has been made in charging the proper offense, the court
shall dismiss the original complaint or information upon
the filing of a new one charging the proper offense.
(see form no. 14 15, 16)
 MOTION FOR DETERMINATION OF PROBABLE
CAUSE AND/OR TO RECALL WARRANT OF ARREST

After the information has been filed in court, the

judge determines whether there is probable cause, as basis
for issuing a warrant of arrest. Before arraignment, the
accused may file a motion for determination of probable
cause and/or to recall warrant, if one has already been
issued and for dismissal of the case.
(see form no. 17)
BAIL
Under S 1, R 114, bail is the security given
for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his
appearance before any court as required under the
conditions hereinafter specified. Bail may be given
in the form of corporate surety, property bond,
cash deposit, or recognizance.
(see form no. 18, 19, 20)
MOTION TO QUASH
The motion to quash is the mode by which
an accused, before entering his plea, challenges the
complaint or information for insufficiency on its
face in point of law, or for defects apparent on its
face.
(see form no. 21)
BILL OF PARTICULARS
S 9, R 116 – Accused may, before
arraignment, move for a bill of particulars to
enable him properly to plead and prepare for trial.
The motion shall specify the alleged defects of the
complaint or information and the details desired.
(see form no. 22)
 PRODUCTION OF EVIDENCE
S 10, R 116 – Production or inspection of material evidence in
possession of prosecution.
In order to prevent surprise, suppression, or alteration, the
court may order the prosecution to produce and permit the inspection
and copying or photographing, of any written statements given by the
complainant and other witnesses in any investigation of the offense
conducted by the prosecution or any other investigating officers, as
well as of any documents, papers, books, accounts, letters,
photographs, objects or tangible things, not otherwise privileged,
which constitute or contain evidence material to any matter involved in
the case, and which are in the possession or under the control of the
prosecution, the police, or any other law investigating agencies.
(see form no. 23)
SUSPENSION OF ARRAIGNMENT
S 11, R 116 – Upon motion by the proper party, the
arraignment shall be suspended in the following cases:
1. the accused appears to be suffering from an unsound
mental condition
2. The court finds the existence of a valid prejudicial
question
3. A petition for review of the resolution of the prosecutor
is pending at either the DOJ, or the Office of the
President
(see form no. 24)
TRIAL
S 9, R 119 – entitles the accused to move to
dismiss the information if the accused is not
brought to trial within the prescribed period. Thus
the arraignment must be set within 30 days from
the date the court acquires jurisdiction over the
person of the accused, and within the same period,
the court must set the case for pre trial, and within
30 days from receipt of the pre trial order, the trial
must be commenced.
(see form no. 25)
 S 10, R 110 – Law on speedy trial not a bar to
provision on speedy trial in the Constitution – no
provision of law on speedy trial and no rule
implementing the same shall be interpreted as a bar to
any charge of denial of the right to speedy trial
guaranteed by section 14(2), article III, of the 1987
Constitution.
(see form no. 26, 27)
APPLICATION FOR EXAMINATION OF
DEFENSE WITNESSES

When the accused has been held to answer for an

offense, he may, upon motion with notice to other
parties, have witnesses conditionally examined in his
behalf.
(see form no. 28)
APPLICATION FOR EXAMINATION OF
PROSECUTION WITNESSES

When it satisfactorily appears that the witness for

the prosecution is too sick or infirm to appear at the trial
as directed by the court, or has to leave the Philippines
with no definite date of returning, he may forthwith be
conditionally examined before the court where the case
is pending.
(see form no. 29, 30)
DEMURRER TO EVIDENCE
S 23, R 119 – after the prosecution rests its
case, the court may dismiss the case on the ground
of insufficiency of evidence: (1) on its own
initiative after giving the prosecution an
opportunity to be heard; or (2) upon demurrer to
evidence filed with or without leave of court.
(see form no. 31, 32)
NEW TRIAL OR MOTION FOR
RECONSIDERATION

S 1, R 121 – at any time before a judgment of

conviction becomes final, the court may, on motion of
the accused or on its own instance but with the consent
of the accused, grant a new trial or reconsideration.
S 2 – ground for a new trial:
1. Errors of law or irregularities prejudicial to the
substantial rights of the accused have been
committed during trial;
2. That new and material evidence has been discovered

(see form no. 33)

S 3, R 121 – Grounds for reconsideration
the court shall grant reconsideration on the
ground of errors of law or fact in the judgment, which
requires no further proceedings.
(see form no. 34)
APPEAL IN CRIMINAL CASES
Any party may appeal from a judgement or
final order, unless the accused will be placed in
double jeopardy. An appeal must be taken within
15 days from promulgation of the judgment or
from notice of the final order appealed from. This
period for perfecting an appeal shall be interrupted
from the time a motion for trial or reconsideration
is filed until notice of the order overruling the
motion shall have been served upon the accused or
his counsel at which time the balance of the period
begins to run.
The appeal may be taken as follows:
a) To the RTC, in cases decided by the MeTC, MTCC,
MTC, MCTC (see form no. 35)
b) To the CA or to the SC in the proper cases provided
by law, in cases decided by the RTC (see form no.
36)
c) To the SC, in cases decided by CA
d) The appeal to the CA in cases where the penalty
imposed by the RTC is death, reclusion perpetua, or
life imprisonment
e) Appeal from RTC to Sandiganbayan (see form no.
31)
SEARCH AND SEIZURE
S 1, R 126 – a search warrant is an order in
writing issued in the name of the People of the
Philippines, signed by a judge and directed to a
peace officer, commanding him to search for
personal property described therein and bring it
before the court.
(see form no. 37)
 S 14, R 126 – a motion to quash a search warrant
and/or to suppress evidence obtained thereby may be
filed in and acted upon only by the court where the
action has been instituted. If no criminal action has been
instituted, the motion may be filed in and resolved by
the court that issued the search warrant
(see form no. 38)