Discussion for the Day.

Revised rule on criminal procedure

Rules of court

Civil procedure

Criminal porocedure

Direct filing -(4) years, two (2) months and one (1)

day (Sec. 1, Rule 112, Rules of Court)

Determination of probable cause by Prosecutor is called Executive Determination of Probable cause.

Judicial Determination of Probable Cause for Judges.

Conviction or prior in MTC,MCTC bail is a matter of right.

Conviction under RTC and the penalty is Recklusion perpetua and the evidence of guilt is strong bail
is a matter of discretion.

Arraignment- reading of the information or complaint against the accused and giving the accused a
copy of the latter. -

Right of the accused to be informed of the nature and cause of accusation against the accused.

Pre-trial (proceeding over trial) – purpose is to minimize the length of the case.

Under Pre-trial

There is the stipulation of facts:

For e.g aminin na merong injury at my med-cert establishing that the healing does not exceed 90
days.

Presentation of Evidence – Evidence or witnesses must be presented in pre-trial absence of both

from pre-trial shall not be accepted by the court.

Every person liable for criminal case is liable also liable to civil case.

Civil indeminity- Actual damages, Moral damages.

Filing of Motion to quash must be before arraignment.

Question the legality of arrest.

Leave of court- permission to file demurrer to evidence. If denied you cannot present evidence
anymore.

Post judgment remedies

Plea bargaining happens before pre-trial cannot be used as evidence.

But if you presented evidence you cannot plea for a lower offense .

Trial de novo – new evidence acquired

Warrantless arrest – you shall not be entitled to a premilinary investigation but rather inquest
proceeding.

No warrant of arrest = inquest proceeding.

No counter-affidavit if inquest proceeding.

You can request to submit counter-affidavit.

Art.125 – Delivery of the person accused to the proper judicial authorities.(12hrs)

Filing of complaint or information to the MTC or RTC.

If not filed within 12 hrs or depending on the crime.

If the fiscal finds the arrest not legal or it is dubious then the fiscal will not file the information and
will conduct further preliminary investigation.