CRIMINAL PROCEDURE-2011

Abundantia cordis, os loquitor

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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













Note: If in any case, should the accused be unsatisfied with the decision of the trial court
(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.
Filing of the information by the prosecutor
After determination of probable cause, issuance of
the Warrant of Arrest & the arrest
Remedies: Legal basis
DOJ cir.- 70 & 70-A
Appeal for petition for
review
Provincial Prosecutor
Regional State Prosecutor
Secretary of Justice
Court of Appeals- rule 42
Supreme Court- rule 45
Bail
Motion to quashed y the accused
Motion granted:
quashal of info.
If denied, arraignment/entry
of plea
Plea of guilty
Plea of not guilty
judgment
Trial
Execution
memoranda
Judgment
Execution
CRIMINAL PROCEDURE-2011
Abundantia cordis, os loquitor


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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

If motion is denied, arraignment/ entry of
plea

Plea of guilty Plea of not guilty

Judgment of the court Determination of probable
cause

Execution of judgment Arrest of the accused

Preliminary conference

Trial

Judgment of the court



Motion granted: quashal of the
information
Execution of judgment