Detailed Flow of Criminal Procedure

If Warrant of Arrest is BAIL

ILLEGAL = arrested person should
be released subject to regular ARRAIGNMENT
investigation

ACCUSED is ARRESTED, PRE-TRIAL

inflagrante delicto – INQUEST
WARRANTLESS ARREST If Warrant of Arrest is LEGAL TRIAL
= inquest prosecutor shall ask the
person arrested if he wants to avail
JUDGMENT
right to PI, if he does, he shall
execute a waiver of Art. 125 RPC w/
the assistance of a counsel, POST JUDGMENT REMEDIES
FELONY, CRIME,
otherwise, an information is filed in
OFFENSE, or court and the latter shall issue a
INFRACTION is FINALITY OF JUDGMENT
commitment order
committed
EXECUTION & SERVICE OF SENTENCE

REGULAR
INVESTIGATION

NO PC = case is Motion for Petition for Review

dismissed Reconsideration before DOJ

w/in MMLA &

COMPLAINT = filed to PRELIMINARY PROSECUTOR
other chartered the Prosecutor’s Office INVESTIGATION determines Probable
cities Cause
YES = information has Warrant of Arrest
to be filed in Court

YES, PI must be conducted

by the Prosecutor

Outside MMLA & BAIL FINALITY OF JUDGMENT

Is there an offense
other chartered punishable by 4 yrs, 6
cities mos. and 1 day?
ARRAIGNMENT EXECUTION & SERVICE OF SENTENCE
NO, direct filing to the
MTC
PRE-TRIAL

COURT determines whether WA TRIAL

should be issued

JUDGMENT

POST JUDGMENT REMEDIES