Professional Documents
Culture Documents
CRIMpro and SPL (Autosaved)
CRIMpro and SPL (Autosaved)
Approved Disapproved
Filing of information
Filing of
Information
Issuance of Warrant of
Dismissal by Court Arrest or Commitment
Order
Warrant of Arrest/Commitment Order
AFFIRM
ISSUANCE OF
PETITION FOR PREVENTIVE WARRANT OF
BAIL DETENTION ARREST
ARRAIGNMENT
JUDGEMENT
JUDGEMENT
ACQUITAL CONVICTION
Motion for
FE
A
MR/MT
Territory
• a) Arrest
• b) Voluntary Surrender
Filing of Complaint
For offenses where preliminary investigation is
required ( filed with proper officer for the purpose of
conducting the requisite preliminary investigation)
Both are:
In writing
In the name of the People of the Philippines
Directed against all persons who appear to be responsible for the
offense involved.
For some offenses, there are conditions precedents
before a plaintiff can repair to the courts for redress
(i.e. those requiring mediation at the lupong
tagapamayapa) however, non-compliance of this rule
is not jurisdictional. The failure of the plaintiff to
comply with the conciliation requirement of Section
40, LGC, does not affect the jurisdiction if no timely
objection is made (San Miguel Village School School v.
Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566)
All criminal actions, whether commenced by filing of
complaint or information, are under the direct control
of the prosecutor.
Section 8., RULE 112 Records
Records of the preliminary investigation shall NOT automatically form part of the records of the
case. Courts are not compelled to take judicial notice thereof. It must be introduced as an
evidence.
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure.
PROCEDURE TO BE FOLLOWED IN CASES WHICH DO NOT REQUIRE PRELIMINARY
INVESTIGATION
Evaluate the evidence presented
Conduct searching questions or answers
Require the submission of additional evidence
For cases under the Revised Rules on Summary Procedure, no warrant shall be issued except
where the accused fails to appear after being summoned.
If the complaint is filed with the prosecutor involving an offense punishable by imprisonment of
less than 4 years, 2 months and 1 day, the procedure in Rule 112, Section 3 (a) shall be observed.
If the complaint is filed with the MTC, the same procedure under Rule 112, Section 3 (a) shall be
observed.
A. Cases in which the imposable penalty does
not exceed 4 years, 2 months and 1 day
(Prision Correccional in its maximum period)
• By a private person
The officer shall inform the person to be
arrested of the :
1. CAUSE OF THE ARREST
2. FACT THAT WARRANT EXIST
Exception:
1. When he flees or forcibly resist before 1&2 is
complete
2.When the giving of information will imperil the
arrest
The officer shall inform the person to be
arrested of his authority and the cause of the
arrest unless the latter is either:
1. Engaged in the commission of an offense;
2. Pursued immediately after its
commission;or
3. Has escaped, flees or forcibly resists before
the officer has opportunity to so inform him,
or when the giving of such information will
imperil the arrest.
He shall inform the person to be arrested of
the intention to arrest him and the cause of
the arrest unless the latter is either:
2.Test of Necessity
Conduct of the person arrested is
examined. #
The security given for the release of a person
in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance
before any court as required under the
conditions specified by the rule (Sec. 1, Rule
114).
A person is in the custody of law when he has
been either arrested or otherwise deprived of his
freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by
surrendering to the proper authorities.
All persons, except those charged with offenses
punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law
(Section 13, Article III, 1987 Constitution).
corporate surety
property bond
cash deposit
recognizance
Recognizance - an obligation of record, entered
into before some court or officer authorized to
take it with a condition to do some particular act
and the accused is often allowed to obligate
himself to answer the charge.
BAILBOND RECOGNIZANCE
An obligation under seal An obligation of record,
given by the accused with entered into before some
one or more sureties, and court or magistrate duly
made payable to the authorized to take it, with
proper officer with the the condition to do some
condition to be void upon particular act;
performance by the
accused of such acts as he
may legally be required to
perform.
Prosecution witnesses may also be required to
post bail to ensure their appearance at the
trial of the case where:
there is a substitution of information (Sec. 4,
Rule110), and
where the court believes that a material witness
may not appear at the trial (Sec. 14, Rule 119).
before or after conviction in the lower courts;
AND
___________________
*An act providing that bail shall not, with certain exceptions, be required in cases of violations
of municipal or city ordinances and in criminal offenses …
A person in custody for a period equal to or
more than the minimum of the principal
penalty prescribed for the offense charged,
without application of the indeterminate
sentence law or any modifying circumstance
shall be released on reduced bail or on his
own recognizance.
Violations of Traffic laws, rules and
regulations
Violations of the rental law
Violations of municipal or city ordinances
All Criminal cases: wherein, imprisonment
not exceeding 6 months ,or fine not
exceeding 1000.00
General Rule: no bail
Exception:
1. When a warrant of arrest is issued for failure to appear
when required by the court
2. When the accused
- is a recidivist;
- is a fugitive from justice;
- is charged with physical injuries
- does not reside in the place where the violation of the
law or ordinance is committed; or
-has not reside in the place where the violation of the law
or ordinance is committed; or
-has no known residence
May be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with another branch
of the same court within the province or city.
Whenever the grant of bail is a matter of discretion, or the accused
seeks to be released on recognizance,
the application therefor may be filed only in the particular court
where the case is pending, whether for preliminary investigation,
trial or appeal.
Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city or municipality where
he is held.
Once the accused has been admitted to bail, he is
entitled to immediate release from custody. An
officer who fails or refuses to release him from
detention notwithstanding the approval by the
proper court of his bailbond, may be held liable
under Article 126 of the Revised Penal Code for
delaying release.
Within 30 days from the failure of the accused
to appear in person as required, the
bondsmen must:
Filed after judgment is rendered but made by the court before the judgment is
before the finality thereof rendered in the exercise of sound
discretion
At the instance or with the consent of the
accused does not require the consent of the
accused; may be at the instance of either
party who can thereafter present
additional evidence. #
INDETERMINATE SENTENCE LA- R.A. 4103
PROBATION LAW, PD 968
PD 1612: Anti- Fencing Law
BP 22: BOUNCING CHECKS LAW
PD 1866 as amended by RA 8294: Illegal
Possession of Firearms
RA 9165: COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002
Purpose of the law:
If the penalty is divisible and would entail a
deprivation of liberty, penalty should have a
maximum period.
Applicability:
1. Divisible Penalty
2. Imprisonment as Penalty
3. Penalty exceeds one (1) year
1. Reclusion Perpetua
2. Life Imprisonment
3. Destiero
4. Suspension
5. Penalty does not exceed one year
1. Crimes against National Security and Public
order
2. habitual deliquency
3. Those who escaped from their confinement
4. Those who evaded sentence #
PROBATION LAW, PD 968
Probation is a mere privilege
How to Apply?
1. Apply within period or appeal- 15 days from
date of conviction
2. Apply with court which rendered judgment
3. Application in writing
4 No Specific form of application
5. One’s release on one’s recognizance
Report to the designated probation office
within 72 hours after receipt of order
To report periodically to the officer at least
once a month or sooner as the latter may
deem.
1.Max- must not exceed 6 years
imprisonment
2. Even additional 1 day will disqualify the
offender
1. Sentenced to serve a max term of imprisonment of more than 6
years
2. Convicted of any offense against the security of the State
3. Who have been previously convicted by final judgement of an
offense punished by imprisonment of not less than one month and
one day and /or fine of not less than two hundred pesos;
4. Who have been once on probation under the provisions of this
decree;
5. Who are already serving sentence at the time the substantive
provisions of this decree became applicable pursuant to Section 33
hereof;
6. Those entitled to the benefits of PD 603 or Child and Youth
Welfare Code and related laws
7. Those who have perfected an appeal because appeal and
probation are mutually exclusive remedies.
PROBATION PAROLE
Sentence Must not be more than 6 Must be more than 1 year
years
Penalty Imprisonment or fine Imprisonment only
Disposition Sentence is suspended Imprisonment only
Violation of Condition Entire sentence shall be Unexpired portion shall be
served served
Appeals Forecloses right thereto No effect on probation
Availability Only once Everytime as long as
offender is not disqualified
Character Grant of privilege Mandatory
AMNESTY PARDON
Sovereign act of oblivion for past acts An act of grace which exempts the
granted by the government to a certain individual on whom it is bestowed from
class of persons, charged or guilty of the punishment the law inflicts for the
crime, usually political offenses, and crime he has commi tted. #
often conditioned upon their return to
obedience and duty within a prescribed
time.
Act of any person who, with intent to gain for
himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or
dispose of, or shall buy and sell, or in any
other manner deal in any article, item or
object or anything of value which he knows or
should be known to him, to have been
derived from the proceeds of robbery or theft
1. Robbery or theft has been committed
2. The accused, who is not the principal or accomplice
in this crime, buys, receives, possess, keeps, acquires,
conceals, sells or disposes or buys and sells, or in any
manner deals in any article, item, object or anything
of value, which has been derived from the proceeds of
the said crime;
3. The accused knows or should have known that the
said article, item object or anything of value has been
derived from the proceeds of the crime;
4. There is, on the part of the accused the intent to
gain for himself of for another.
Penalty: Same with the crime of theft
Unlike firearms
Accused has the burden of proof to show he is
authorized to possess the drugs.
As based on the WHO, it is a cluster of
physiological, behavioral and cognitive
phenomena of variable intensity, in which the
use of psychoactive drug takes on a high
priority thereby involving, among others, a
strong desire or a sense of compulsion to take
the substance and the difficulties in
controlling substance-taking behavior in
terms of its onset, termination, or levels of
use.
Any act of injecting, intravenously
or intramuscularly, of consuming,
either by chewing, smoking,
sniffing, eating, swallowing,
drinking or otherwise introducing
into the physiological system of the
body, and of the DD.
Necessarily involves knowledge on the part of
the person delivering that what he is
delivering is DD.
End