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 Filing of the information by the prosecutor

After determination of probable cause, issuance of

Remedies: Legal basis
the Warrant of Arrest & the arrest
DOJ cir.- 70 & 70-A

Bail
Appeal for petition for
review
Motion to quashed y the accused

Provincial Prosecutor
Motion granted: If denied, arraignment/entry
quashal of info. of plea
Regional State Prosecutor

Secretary of Justice Plea of guilty Plea of not guilty

Court of Appeals- rule 42

judgment Trial
Supreme Court- rule 45
Execution memoranda

Judgment

Note: If in any case, should the accused be unsatisfied with the decision of the trial court
Execution
(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
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discretion amounting to lack or excess of jurisdiction.

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 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

Motion granted: quashal of the plea
information

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

Execution of judgment
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