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CRIMINAL CASE (1) Find as many

CRIMINAL liability also carries civil WITNESSES as possible


liability. (2) Get their CONTACT
INFORMATION for future
Criminal Act is deemed to cause use.
harm to both sate and offended
party, hence liability to both. Step 3: FILE A COMPLAINT

Is filed by the state prosecutor WHERE:


against the offender. - OFFICE OF THE CITY
PROSECUTOR (OPC)
HOW TO FILE A CRIMINAL CASE: - OFFICE OF THE
PROVINCIAL
Step 1: REPORT THE CRIME to PROSECURTOR (OPP)
proper Authorities:
- Baranggay Officials NOTE: Criminal Case can only
- Police be filed where the crime or
Of where the crime was committed/ any elements thereof was
happened. committed.

Step 2: DOCUMENT INJURIES Step 4: COOPERATE with the


and DAMAGES PRELIMINARY
INVESTIGATION or
WHEN HARM done to a PERSON: INQUEST
- Immediately seek Medical
Treatment even before - OCP or OPP conducts
reporting to the authorities. preliminary investigation to
- Document your INJURIES: determine: sufficient merit,
PHOTOGRAPHS with enough evidence and if
DOCTORS REPORT. (Dont respondent is probably
delay seeking medical guilty.
attention for any lapse could
negatively affect your - INQUEST- a summary
cases credibility) procedure for those
detained and opted not to
WHEN ACTING ON VICTIMS avail of a formal
BEHALF: preliminary investigation.
- Document the injury as
detailed as possible. - In the course:

WHEN HARM done to PROPERTY: (1) Respondent may issue


- PHOTOGRAPHS OF a Counter-Affidavit to
DAMAGE ANS SCENE disprove the accusations.
- (2) Complainant may
IN ALL CASES: respond with Reply-
Affidavit.
- Handled by the state
After which : prosecutors or fiscals.
The OCP or OPP - Private lawyers are allowed
determines if there is a to assist Sate Prosecutors.
sufficient ground to purse - Private lawyers may guide
the case. you and provide information
you need in making
If YES they will file a decisions.
resolution & information
with the proper court. HOW TO DEFEND
If NO the case will be YOURSELF FROM A
DISMISSED.. CRIMNAL CASE FILED
AGAINST YOU
- Either party may APPEAL
the finding of PROBABLE If SUED:
CAUSE to the Department - You will receive a SUBPOENA
of Justice. from the office of the City
Prosecutor requiring you to
Step 5: AWAIT JUDGES appear on a certain date and
RESOLUTION time to submit COUNTER-
AFFIDAVIT. Stage of the
(1)Judge will INVESTIGATE preliminary investigation
the MERITS of the case -
and RESOLVE to either PRELIMINARY INVESTIGATION:
DISMISS or bring to - An inquiry or proceeding to
TRIAL. determine if there is
(2)If JUDGE brings to TRIAL: sufficient ground to engender
a well- founded belief that a
- He will issue a WARRANT OF crime has been committed.
ARREST for the RESPONDENT - Crucial stage in the criminal
and will be referred to as proceedings.
ACCUSED. - You need expert legal advice
and engage the services of
- BAIL- may be allowed but Philippine criminal defense
depending on the NATURE lawyer.
and GRAVITY of the case. Where:
- Effect : accused temporary -You disprove the elements of
freedom while trial is in the crime.
progress. - YOU disclose all material
facts to your criminal defense
Step 6: Go Through the TRIAL lawyer where BENEFICIAL
or PREJUDICIAL.
CRMINAL ACTS: - defenses will be laid out in
- Considered offenses against your COUNTER- AFFIDAVIT.
the STATE.
Thereafter:
-Complainant will get a the criminal action but
chance to file his Reply- generally offended party may
Affidavit. make a reservation to file a
- if the complainant raises separate civil action,
new issues: you can file a provided he does not
Rejoinder-Affidavit receive damages twice for
converting the facts stated the same cause.
- the complaint will be
submitted for Resolution. - Carries CIVIL LIABILITY

If there is no probable cause: - Taken against INDIVIDUALS


case dismissed. or ENTITIES whose actions
or negligence may have
If there is probable cause: violated another persons
you will receive a rights or caused harm to
RESOLUTION with the another persons property.
reasons for such findings.
- Often resolved monetarily,
- The defense lawyer may file or by arriving at a resolution
a MOTION FOR for certain disputes.
RECONSIDERARTION with
the City Prosecutor. STEP-BY-STEP GUIDETO
- If Motion is denied you may FILING A CIVIL CASE:
seek remedy from the
Department of Justice. STEP 1: FILE A COMPLAINT
- Prosecutor will file an VENUE: depends on the NATURE of
information in court with the case.
recommended BAIL. Cases involving Real Estate
- If the Judge finds sufficient disputes (real actions): filed in the
grounds, he shall issue a proper court where the disputed
WARRANT OF ARREST. property is located.
Exception: Crimes punishable
by RECLUSION PERPETUA. Cases involving Persons (Personal
- PROOF BEYOND Actions):
REASONABLE DOUBT is Filed in courts where the
the QUANTUM of PROOF complainant or the defendant
required to charge you. resided.
Presumption of innocence
in your favor and the burden Note: At the option of the plaintiff.
of proving the crime lies
with the prosecution. IF the defendant lives outside
the Philippines and the case is a
HOW TO FILE A CIVIL CASE personal dispute, file the
complaint in a court within your
In most cases CIVIL area of residence.
ACTION: already included in
IF the CASE is a Property
dispute, file in a court where the IF defendant fails to attend the
property if located. plaintiff may proceed to present
evidence ex-parte.
IN filing the complaint, you need
to pay schedule-based filing Step 4: Go through Trial
fees. Then the case is raffled to a
judge. Presented during Trial:
Evidence
Step 2: ENSURE SUMMONS ARE Rebuttal Evidence
SERVED Sur-rebuttals

After the complaint is filed: Witnesss direct testimony is


-corresponding summons will be given through written statements
served upon the defendant. by using Judicial Affidavit. Maybe
-Proof of Service for the examined on his/her Judicial
summons is CRUCIAL, without it Affidavit.
case may be dismissed.
Step 5: Judges Decision
IF the whereabouts are
unknown- service by May render a decision based on
publication submitted affidavits without
going through an actual trial.
Exhaust all means to ensure
the summons are properly Constitution & Rules of Court
served within the allowed decision rendered 30-90days after
period so that case may the case was submitted for
flourish. decision.

Step 3: GO THROUGH PRE-TRIAL Either party may file an APPEAL


within 15days from the receipt of
REQUIRED BY LAW A PRE- decision.
TRIAL brings all parties together If no appeal is filed, the decision
for a possible of peaceful will be implemented.
settlement.

Presence of both parties are


MANDATORY, unless their absence
is LEGALLY excused.