You are on page 1of 2

What are the legal steps in criminal cases when it requires referral to Barangay Lupon for

purposes of consolation
A there must be act or omission in violation of penal laws
B must be written complaint filed before barangay
C there will be a referral of case for consideration before barangay if it falls under its jurisdiction
under LGC
D if parties agree to settle a case amicably a compromise agreement shall be executed which
shall be binding between them and which can be executed within six months from its date
otherwise certificate to file action should be issued by Lupon chairman in order for aggrieved
party to file action before court
E agrieved party may file affidavit complaint before proper prosecutor’s office for purposes of
preliminary investigation if required which shall hear case and subpoena may be issued by
investigating prosecutor if there are grounds to believe that an investigation should be
conducted otherwise it should dismiss the case
F respondent shall submit his counter-affidavit together with his evidence and affidavit of
witnesses within 10 days after receipt of Subpoena and his failure to do so may result to
submission of case for resolution
G resolution maybe issued by investigating prosecutor and if there is probable cause he should
file corresponding information before court of proper jurisdiction otherwise he shall dismiss
case
Aggrieved party may file motion for reconsideration of the adverse resolution of the
investigating prosecutor within 15 days from receipt of the adverse resolution and in case of
denial a petition for review within 15 days from receipt of the order denying motion for
reconsideration if one is filed to secretary of justice
H investigating prosecutor shall file corresponding information before court despite pendency
of petition for review before secretary of justice and judge will issue corresponding warrant of
arrest unless it falls under summary procedure in which case accused may either avail remedy
of posting bail or a motion to suspend proceedings due to pendency of petition for review
before DOJ or a motion to quash complaint or information or a motion for bill of particulars
I Judge shall set case for arrangement within 30 days from date court acquires jurisdiction over
person accused unless shorter period Is required by law
If motion to suspend arraignment is filed court may grant or deny the same and if granted it
shall suspend proceeding for 60 days if denied or 60 day period has lapsed without petition
being resolved court shall proceed with arraignment and accused shall enter his plea
J if accused pleaded guilty to offense charged court shall render its decision and impose proper
penalty and shall issue commitment order otherwise court shall set case for pre-trial
conference
K during pre-trial conference if case mediatable court shall refer the case to proper mediation
and conciliation board otherwise it should proceed with pretrial conference and schedule case
for trial

Court shall issue corresponding pretrial order narrating what transpired during the conference
and which shall be signed by accused and counsel if there are admissions
Parties are required to submit their respective judicial affidavit of witnesses five days before
scheduled pre-trial conference
Court may also refer case for proper judicial dispute resolution for possible settlement if parties
agree
L on scheduled trial persecution shall present its evidence and witnesses with its corresponding
judicial affidavit unless in case of an inverted trial with the right to cross examine said witnesses
on part of accused but failure to present its evidence would result to provisional dismissal of
action with express conformity of accused subject to its revival within period prescribed by the
rules
After presentation of persecutions evidence and witnesses they shall offer there evidence and
the rest their case and in which case accused may file demurrer to evidence with or without
leave of court

You might also like