MOVEMENT OF CRIMINAL CASE

Article 125 of the Revised Penal Code states that for penalties involving light offenses, it must be filed
within 12 hours, if less grave, within 18 hours, if afflictive or capital punishment, within 36 hours. If the
prosecutor fails to file an information, then the police must release the suspect after the expiration of
their respective timelines, in consonance with the gravity of the offense.

Article 125 is waivable; hence the suspect will remain in the custody of the police. He has 10 days to file
a counter affidavit. Prosecutor will not file an information anymore. This result to regular preliminary
investigation. If the arrest is illegal, the accuse will be released from custody, but the case against him
can still be pursued.

Rule 112

After the case is filed, the prosecutor will now go over the record. Dismiss outright if there is no
evidence.

If there is evidence. Subpoena will be issued for the respondent. Received by the respondent, he has 10
days to reply/answer. The fiscal will now set for clarificatory hearing (seldomly used). This is the option
of the Prosecutor.

Prosecutor will determine if there is a hearing.

If he finds probable cause, he will file information. If he did not find probable cause, then he may dismiss
it.

Raffle now can be held for courts.

What will the judge do if the case was raffled to him? – the judge will determine if there is a probable
cause = aka judicial determination of probable cause.

If there is a probable cause. Then the judge can now issue a warrant of arrest. Which can be
implemented by the police officers.

When the accused is arrested, he will be brought to court so that the court will acquire jurisdiction over
the person of the accused.

The accused can surrender to the court without him being arrested. He can file a bail, if the offense is
bailable.

Next is ARRAIGNMENT. Next year is pre-trial. (old rule)

NOW: Under continuous trial rule:

Arraignment – reading of information to the accused against him.

However under the new rule, the reading of information can be WAIVED. (nahihiya ung accused daw)

Sign a waiver for it to be waived.

Arraignment is no longer mandatory.

After arraignment. PRE-TRIAL

Pre Trial – personal appearance is mandated. (old rule)

Under new rule: absence of private complaint is not fatal to the case. – pre trial can be had even without
private complainant.

Parties may stipulate, name witnesses, trial date be fixed. Can be requested for 5 trial dates. This is not
transferrable. No longer extendible if there is no evidence presented.

Instead of 20 witnesses can be stipulated for only 3 witnesses to be presented.

Pre trial Order. Can be questioned, only for a limited time. – for correction

Otherwise the PTO is final.

Next stage is TRIAL.

ASSIGNMENTS:

Prepare pleadings, documents, judicial affidavit.

Information in crim cases.

Submit hard copy to the office of Pataras.