[1A] PRELIMINARY INVESTIGATION

Sufficient Yes Yes R gave

C files Fiscal sends Can be R submits
ground to counter-
complaint to IP subpoena to R 10 days subpoenaed? counter-affidavit
continue? affidavit

No No
No
Dismiss Resolve complaint based on
evidence and statements of Yes J needs
complaint
10 days clarifications?

IP prepares Clarificatory
Resolution sent RP approves/ IP submits resolution to Hearing
to parties disapproves resolution and 5 days
10 days RP or Ombudsman 5 days
information
Me No 10 days
an
wh
ile
Yes
Information is
filed in Court,
[A] IP finds
probable
End of
Receipt by by Judge 10 days investigation
if approved cause?
parties determines PC

Yes
Yes RP finds No
File information Recommend
probable
even without P.I. dismissal
cause?
No
MR or Res’n LEGENDS:
PFR? approved? No C - complainant
R - respondent
J - judge
No IP - investigating prosecutor
Dismiss complaint RP - reviewing prosecutor (regional, city,
Yes state prosecutors)
PI - preliminary investigation
MR - motion for reconsideration

MR or PFR by [1B] PFR - petition for review

PC - probable cause
Aggrieved Party Appeals
15 days
 [1B] APPEALS AND PETITION FOR REVIEW 2 Respondent
Without the
PFR at the Cause the dismissal of
end...
the information filed
MR by
respondent or
Yes complainant?

10 days
MR Information filed
MR
Granted?
Complainant
subsists.
PFR? 1
[1B] Aggrieved
Resolution Respondent
party files for
MR or PFR MR by
No
respondent or
complainant?
15 days PFR 1 Dismissal subsists.
Pen
d ing
PFR Complainant
...
Appellee may file
comment. Motion for RP directs re-investigation
Reinvestigation if granted
15 days
Respondent

No Yes
Resolved on basis of Comment Petitioner/appellant may also Yes PFR by
petition alone Cause the dismissal of
filed? answer comment in 15 days respondent or the information filed
complainant?
[A]
... DOJ resolves PFR Complainant Judge
rieved Information filed
If agg the petition Granted? determines
Respondent subsists.
LEGENDS: PC
C - complainant 10 days
R - respondent File MR
J - judge No PFR by
IP - investigating prosecutor
RP - reviewing prosecutor (regional, city, respondent or Dismissal subsists.
state prosecutors) complainant?
PI - preliminary investigation
MR - motion for reconsideration Yes No
MR DOJ Resolution
PFR - petition for review
PC - probable cause 2 Granted? subsists Complainant
 [2] INQUEST YES

Approved by NO
Recommend
the File the information in
Release of
Reviewing court
Respondent
Prosecutor?

NO
YES

Is there YES Approved by

Recommend NO
probable the Release the
Filing of
cause to Reviewing Respondent
Information
continue? Prosecutor?

If there is a dead Officer goes to the crime scene, cause

Warrantless Arrest Examine complaint,
witnesses and documents
submitted
body found immediate autopsy, take photos,
supervise investigation, and make a
report of the findings

NO

Receipt of Affidavit of
Arrest, Investigation
Was YES Does YES Respondent 1A
arrest responden (Preliminary
Report, Sworn Statement waives Art. 125 of
effected t want a Investigation)
and Other Documents by RPC
properly? PI?
Inquest Officer
YES
Respondent is
NO Meanwhile released
Ensure that these Does
Recommend Approved by YES
are subscribed to evidence NO
Dismissal and the
and sworn show that PI
Release of Reviewing
is still
Respondent Prosecutor?
required?
 [3] ARREST
INFORMATION is filed in Court, along with CITIZEN’S ARREST
the resolution and evidence (112:7a) Within 10 days from
expiration of the period,
executing officer makes a 5
report to the issuing
judge.
The private person shall inform
the person to be arrested of
Does probable cause exist? the (a) cause of the arrest and
(for the purpose of ISSUING Officer delivers them to the the (b) intention to arrest them
AN ARREST WARRANT, as accused is now in (113:9)
nearest police station or jail
determined by the judge) custody
(113:3)

NO MAYBE YES
Arresting officer may:
1. Summon persons they
The arresting officer informs the deem necessary to WARRANTLESS ARREST
ORDERS person to be arrested assist in the arrest
submission of 1. of the (a) cause of the arrest and (113:10)
DISMISS ISSUES warrant the (b) fact that a warrant has
additional ............... 2. Break into a building or
information of arrest been issued for their arrest
evidence, within 5 enclosure if refused The arresting officer shall
(112:5a) (112:5a) (113:7)
days from notice admittance and after inform the person to be
(112:5a) 2. Of their Miranda rights (Art. 3, announcing authority arrested
Sec. 12(1), 1987 Constitution) and purpose 1. of the (a) cause of the
NO YES 3. Break out of the arrest and the (b) the
building or enclosure officer’s authority (113:8)

…….................
2. Of their Miranda rights (Art.
3, Sec. 12(1), 1987
Head of office to whom the warrant was delivered shall cause the Constitution)
warrant to be executed within 10 days from receipt. (113:4) Arresting officer may
YES ……................. conduct a search Officer should also deliver
incidental to a lawful them to the nearest police
arrest (127:13) station or jail (113:3)

Officer makes a report to the

Was an arrest NO issuing judge stating the
made?
reasons of failure. (113:4)
[4] SEARCH AND SEIZURE

Application for Is there Yes Was there No

Warrant is 10 days Search warrant is Submit a
search warrant is probable property
issued served Return
filed with the Court cause? seized?
10 days
No Yes

APPLICATION Has there Deliver seized property to

DENIED been a the issuing judge and Leave a receipt.
return? make a Return
No

Judge summons the Yes

officer and requires
him to explain. VALID Was a criminal No Filing of
SEARCH action already Criminal
Was Rule filed? Complaint
Yes
EXCLUSIONARY No 126, Sec. 11
INVALID SEARCH
RULE complied
with? Yes

IN PLAIN VIEW Property seized

DOCTRINE admissible in
CONSENTED evidence
SEARCH

HOT PURSUIT
Was there
a prior No No STOP AND FRISK
valid Was there
intrusion? consent? Was there
No No
probable
Was there cause due to
Yes Yes
probable suspicion?
cause?
No Means Yes
Was the No Freely and used least
evidence voluntarily intrusive?
inadvertently given? VALID
discovered? Yes
SEARCH

Yes Yes Yes

 [A]
Judge
[5] CRIMINAL PROSECUTION Determines
PC
Is the crime
Is the allegedly
No committed has No 10 days
accused Judge personally evaluates
CRIME HAS BEEN File Complaint
arrested imposable the evidence or examines
COMMITTED directly with MTC
without a penalty of more complainant and witnesses
warrant? than 4 years 2
months 1 day?
Yes
Yes
Is there
DISMISS probable
[2] File complaint
with IP
cause?

I)
No

hP
(Inquest)

wit
Still no

(If
probable cause
(10 days) Require submission
of additional
evidence
File Information with
No
Is
[1A] proper Court Yes
ORDER THE warrantless (Preliminary
RELEASE OF arrest Investigation)
ACCUSED Issue commitment
valid? Finds
order
probable
cause
DISMISS Yes
Yes COMPLAINT
Is there
necessity to
Is there Accused
Did the
No place
Yes sufficient already
accused accused
ground to hold arrested? Yes
requested under
respondent custody?
CONVICTION for PI?
for trial?
No No
Yes
No Yes
[3] Issue summons
ACQUITTAL

Guilty (Arrest)
beyond Posting of Bail
Trial Pre-Trial Arraignment
reasonable
No doubt?
[6] BAIL

Yes Yes
Issuance of a Warrant Evidence
Capital Application for
of Arrest Application for Bail Bail Hearing of guilt is
Offense? Bail is DENIED
strong

No
Yes
Motion to reduce
Hearing Reduce? Judge sets bail
bail

Reduce? Bail
sustained No

Yes

New Bail POSTING OF BAIL

CASH BAIL PROPERTY BOND CORPORATE SURETY RECOGNIZANCE

Accused submits Annotation of lien on

proper certificate of certificate of title or Accused and officer of
deposit and written registration book and tax corporation issues bail bond
undertaking declaration

Warden releases
without further order
from the court