Preparing for a Case } IF you are the complainant, consult a lawyer to prepare the affidavit- complaint. > Ifyouare the respondent, consulta lawyer to prepare a counter-affidavit. > if you are an indigent, get assistance from the Public Attorney's Office (PAO), Integrated Bar of the Philippines (IBP), or the legal aid clinics of law schools.>A preliminary investigation is required to be conducted before the filing of complaint or information for offenses where the penalty prescribed by law is at least four (4) years, two (2) months, and one (1) day imprisonment without regard tothe fine. }» During preliminary investigation, a public prosecutor determines probable cause If there is probable cause, the prosecutor will file the information in the proper court; otherwise, the case will be dismissed. } In private offenses (e.g.. abduction, adultery, acts of lasciviousness, concubinage, seduction), a private complainant may file a complaint with the prosecutor. } Before the conduct of preliminary investigation, the appropriate docket fees for certain offenses shall be assessed and paid.)» FILE the case with the proper court and pay the assessed fees as. may be required. If qualified, file a motion as an indigent litigant so that you will be exempted from payment of fees. » For crimes penalized by imprisonment of six (6) years and below, the case should be filed with first-level courts such as Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts. For crimes penalized by imprisonment of more than six (6) years, the case should be filed with the Regional Trial Courts. > Once the caseis filed, it willbe assigned a docket number and will be raffled (except cases filed at single-sa/a courts) to the judge who will hear the case. > ff the court finds probable cause, an arrest warrant will be issued. If the respondentis already detained, a commitment order will be issued. > Bail may be allowed except in cases which involve non-bailable offenses or when bail is not required. An accused may secure a bail bond from a bonding company accredited by the Supreme Court and post bail with the court to obtain his temporary release. He can also post cash or property bail.THE accused shall be arraigned within ten (10) days from the date the case was raffled. > During arraignment, the charges contained in the information or complaint shall be read to the accused in a language or dialect known to him and which he understands. The accused shall personally enter his plea of guilty or not guilty. A copy of the complaint or information shall be given to the accused > ifthe accused refuses to plead, a plea of not guilty shall be entered for him by the court. If the accused pleads guilty, judgment shall be rendered by the court. If the accused pleads guilty for a lesser offense included in the charge, the court may allow such plea with the consent of the offended party and the prosecutor. If the accused enters a plea of not guilty, the case is set fora pre-trial.> PRE-TRIALis mandatory. The pre-trial will accomplish the following: a.amicable settlementof the civil aspect of the case b. simplification of the issues c. limitation of the number of witnesses d. identification of evidence that needs to be presented during the trial > During pre-trial, the accused and private complainant may enter into a plea- bargaining agreement, which may include admitting guilt to a lesser offense or to some in a multi-count charge. The court shall hear evidence on the civil aspect of the case and thereafter render judgment.} DURING thetrial, the parties present evidence on the issues of fact and law. The prosecution will present evidence first subject to cross-examination by the accused, followed by the accused subject to cross-examination by the prosecution. > Thereafter, the prosecution and the accused may submit rebuttal and sur- rebuttal evidence. > After the prosecution rests its case, the accused may file a demurrer to evidence. If the court denies the demurrer to evidence filed with leave of court, the accused may present evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waived his right to present evidence, and the case is submitted for decision. }» = The court may allow the submission of written memoranda. The court shall then render judgment based on evidence formally presented by the prosecution and accused.> AFTER trial, the court shall promulgate its judgment either finding the accused guilty or not guilty in the presence of the accused and his counsel. > The judgment shall be read by the Clerk of Court in the presence of the accused and his counsel. In light offenses, the presence of the accused is not required. } Ifthe decision is for the acquittal of the accused, it cannot be appealed } The accused has fifteen (15) days from receipt ofjudgment to file a Motion for Reconsideration or Motion for New Trial. The latter is based on newly-discovered evidence. } An accused who has been convicted of offenses punishable by not more than six years (6) imprisonment may file a petition for probation. By filing a petition for probation, the accused waives his right to appeal.}» THE accused may file an appeal within fifteen (15) days from receipt of the decision or denial of his Motion for Reconsideration or Motion for New Trial if one has been filed. An appeal is perfected by filing a notice of appeal with the court which rendered the judgment. >» Judgments of the first-level courts such as the Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities, and Municipal Circuit Trial Courts may be appealed to the Regional Trial Courts. » Judgments of the Regional Trial Court may be appealed to the Court of Appeals. Teena) Judgments of the Court of Appeals may be appealed to the Supreme Court, as may be prescribed by the Rules of Court.oF Execution » IF the appeal is denied and the conviction is affirmed on appeal with finality, the case will be brought back to the court of origin for the enforcement of the judgment. > Final judgment shall be enforced by the court through the issuance of a commitment order directing the detention of the accused to a penal or correctional institution to serve the sentence imposed on him.