Issuance of commitment order

Arraignment

Final and executory

Preliminary Investigation

1. Commission of the crime

a. No application
2. Preliminary investigation
a. Probable Cause for the purpose of filing of information
3. Judge, determine probable cause, for the purpose of filing a warrant of arrest
a. Dismiss
b. Jurisdiction over the person essential jurisdiction over the criminal case
c. Arrested -> Jurisdiction over the criminal case
4. Procedural Incidents
a. A motion to quash
5. Arraignment
a. Inform nature and cost
b. With the requirement
6. Pre-Trial
7. Trial
a. Present evidence
8. Judgement
9. Appeal Certiori
10. Service of Sentence

Does Not Require

Chartered City without need of Preliminary investigation

1. File complaint in the prosecutors office

a. Would not conduct prem
b. No subpoena
c. Determine if a probable cause
2. File an information

Province

1. DF in Court
a. Probable Cause
b. File an information

Then so on and So forth

Flagrante Deflicto
 1. Arrest without Warrant
2. Inquest Proceedings
a. Ask for preliminary
b. Article 125
c. Did not ask
i. Whether there is a probable cause
3. Information filed
a. Determine whether there is probable cause
i. For the issuance of commitment order
4. Arraignment
5. Pre Trial
6. Trial
7. Appeal
8. Judgement
9. Service of Sentence

Remedial Law is Procedure Law

Requisites for the exercise of jurisdiction

1. Subject Matter
a. Conferred by law
b. It cant be agreed upon by the party
c. Freedom of contract
d. Stipulation or agreement
e. The Law in Jurisdiction
f. BP 129 7691
i. Allegation in the information
ii. Attempted murder, RTC beyond 6 years
1. Physical Injuries
iii. Not on the evidence
iv. Penalty imposeble
v. Commencement of the crime not the commission of crime
 Consult the Law
 BP129 RA 7691
 METC
 MTC
 MCTC
 RTC
 Sandiganbayan
 CTA

Imposable 6 Year RTC

 Regardless of Penalty, appellate jurisdiction, defamation, below 6 years but RTC

Jurisdiction of Sandiganbayan

What is the offense committed

 Know the offense

 Memorize the offenses, force yourself to memorize

RA 3019

RA 1379

Bribery

corruption

Who committed the offence

 Officials of executive
 Grade 27 or higher, salary grade falls within the jurisdiction of Sandiganbayan
 Provincial governors
 Vice governors
 Sangguanian panliliwigan
 Department engineers
 City mayors
 City treasurer regardless of salary grade
 Diplomatic
 Philippine army
 Naval
 Officers of PNP Provincial Director
 Police Coronell
 Prosecutor 1 sg 26 sandiganbayan
 Members of congress
 Grade 27
 You must know them all
 Public officials
 Being a public officer at public office is not an element of a crime
 Intimate connection
 Lacson vs executive secretary
 Alleged in the information- office and and relation in the office. Its is a conclusion
 Drug Related
 RA 9165
o Jurisdiction of drugs RTC, no any court
o No other court except the RTC

Accused to RTC, bribery, in relation to the office. Members of the Congress

Motion to dismiss, bribery, in relation in the office.

2. Jurisdiction over the accused person

a. Virtue of warrant
b. Voluntary appearance

Custody of Law

Jurisdiction over the person

David vs Abad

3. Territory
4. Person of the accused