CRIMINAL PROCEDURE-2011

Abundantia cordis, os loquitor

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

Remedies: Legal basis

DOJ cir.- 70 & 70-A
Appeal for petition for
review

Filing of the information by the prosecutor

After determination of probable cause, issuance of
the Warrant of Arrest & the arrest
Bail
Motion to quashed y the accused

Provincial Prosecutor

Regional State Prosecutor

Secretary of Justice
Court of Appeals- rule 42
Supreme Court- rule 45

Motion granted:
quashal of info.

If denied, arraignment/entry
of plea

Plea of guilty

Plea of not guilty

judgment

Trial

Execution

memoranda
Judgment

Note: If in any case, should the accused be unsatisfied with the decision of the trial court

Execution

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.

elmerlalong

(including the judgment on the motion to quash), appeal maybe made to the proper appellate court prior to the finality of
the judgment.

CRIMINAL PROCEDURE-2011
Abundantia cordis, os loquitor

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

Judgment of the court

Execution of judgment

Plea of not guilty

Determination of probable
cause

Arrest of the accused

Preliminary conference

Trial

Judgment of the court

Execution of judgment

elmerlalong

Motion granted: quashal of the

information