Criminal Procedure - Flowchart (Main)

INQUEST

ARRAIGNMENT

PI  

FILING OF COMLAINT / INFORMATION 

Definition: §3-4,110 

PRE-TRIAL

ISSUANCE OF WOA 

REMEDIES MOTION FOR BILL OF PARTICULARS (§9, Rule 116) Accu Accuse sed d may may move move befo before re arraignment arraignment fora BOP to enable him to prop proper erly ly plea plead d and and prepare prepare for trial motion must specif specify y the    The motion defects defects of the C/I and specify specify the details desired.

Where: Court Where: Court where the C/I is filed or assigned Within 30 days days from the When:   Within filing filing of the Informatio Information n or the date date when when cour courtt acqu acquir ired ed  jurisdiction over the person of the accused, unless a shorter period is provided How: §1(a), Rule 116

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TRIAL When:  When:   Within 30 days from the the receipt receipt of of the PTO (§1, Rule 119) If the the accu accuse sed d is to be trie tried d    If pursuant to an order of new trial, the trial shall commence within 30 days from the notice notice   Trial Peri od: The entire trial period shall not exceed 180 days from the firs firstt day day of tria trial, l, exce except pt as authorized by the the SC ( §2, Rule 119)

MOTIONS

After arraig arraignme nment nt and When:   After within 30 days days from the date when court acquires jurisdiction over the person of the accused, unless a shorter period is provided ( §1, Rule 118) Mandatory  Mandatory  in ALL criminal cases in the Sandiganbayan/RTC/MTC

POSTPONEMENT OR CONTINUANCE 119 Grounds: §4, Rule 119 119 Prohibited Grounds: §4, Rule 119

CONDITIONAL EXAMINATION OF WITNESSES

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MOTION FOR SUSPENSION OF ARRAIGNMENT Grounds:  §11, Rule 116

ISSUANCE OF A PRE-TRIAL ORDER  

Within 10 days after the When:   Within termination of PT (§4, Rule 118) 118) Effect: PTO Effect: PTO shall bind the parties, limit limit the the tria triall to matt matter erss not not disposed of and control the course of action during the trial, unless modified by the court.

Grounds: §12, 13, 15, Rule 119

SECURING APPEARANCE OF MATERIAL WITNESS §14, Rule 119

DISCHARGE OF ACCUSED TO BE A STATE WITNESS Grounds: §16, 17,Rule 119

REOPENING THE PROCEEDINGS

MOTION TO QUASH 117 Grounds:  §3, Rule 117 When:  When:   At any time before the accused accused enters his plea ( §1, Rule 117)

CHALLENGE VALIDITY OF ARREST OR WOA ISSUED (§26, Rule 114)

JUDGMENT

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Grounds: §24, Rule 119

DEMURRER TO EVIDENCE   

When: After When: After the prosecution rests its case case (§ 23, Rule 119 Ground: Ground : Insufficiency of evidence How: With How:  With leave or without leave of Rule 119 §

120 Formal Requisites: §1, Rule 120

JUDGMENT OF ACQUITTAL

JUDGMENT OF CONVICTION

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   Cancellation

Contents: §2, Rule 120 IMMED IMMEDIAT IATELY ELY FINAL FINAL and EXECUTORY appealed    May not be appealed Demurr rrer er to Evid Eviden ence ce:: If   Demu gr an an te te d, d, a mo mo u un n ts ts to acquittal acquittal of the accused and maynot be appealed. appealed.

PETITION FOR CERTIORARI (Rule 65) 

Grounds: (a)   In acquitting the accused accused,, the RTC commit committed ted not merely reversible errors of   judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a (b) denia deniall of due proc process ess,, thus thus rendering the assailed judgment void (Source: Cases)

Contents: §2, Rule 120 of bail bond bond

REMEDIES SETTING ASIDE OR MODIFICATION OF JUDGMENT 

When:  When:   Before the judgment of conviction becomes final or before appeal is perfected (§7, Rule 120) 120)

MOTION FOR NEW TRIAL or RECONSIDERATION When: Before When: Before the judgment of  convic conviction tion become becomess final final (§1, Rule 121 Grounds: ( Grounds:  (§2-3, Rule 121) 121) Effects: (§6, Rule 121)

APPEAL Who: Any Who:  Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy When: When: Within 15 days from thepromulgation thepromulgation of judgment judgment or from from notice notice of the final order appealed from