Stages in Criminal Procedure

CRIMINAL PROCEDURE

FIRST (1ST) STAGE -REFERRAL TO THE BARANGAY

ARREST W/O WARRANT

ARREST WITHOUT WARRANT

-INQUEST PROCEEDINGS

FILLING OF INFORMATION

RELEASE

FOR

FUTHER

PROCEEDINGS

SECOND (2ND) STAGE -FILING OF COMPLAINT WITH THE DOJ/ OFFICE OF THE REGIONAL/ CITY PROSECUTOR/ OFFICE OF THE OMBUDSMAN FOR THE CONDUCT OF PRELIMINARY INVESTIGATION

THIRD (3RD) STAGE RAFFLE OF THE CASE TO THE ASSIGNED INVESTIGATING PROSECUTOR FOR PRELIMINARY INVESTIGATION

FOURTH (4TH) STAGE

ISSUANCE OF SUBPOENA/ ORDER

FIFTH (5TH) STAGE -PRELIMINARY INVESTIGATION

Filing of Affidavit- Complaint

Filing of Counter- Affidavit

Filing of Reply- Affidavit

Filing of Rejoinder- Affidavit

SIXTH (6TH) STAGE Resolution of the Office of the Provincial/ City Prosecutor/ Office of the Ombudsman in Preliminary Investigation

SEVENTH (7TH) STAGE Motion for Reconsideration

EIGHT (8TH) STAGE Appeal to the DOJ by way of Petition for Review

-In case of denial of the petition for Review with the DOJ aggrieved party may file a motion for reconsideration

-Certiorari under Rule 65 with the Court of Appeals or appeal to the Office of the President

-Petition for review on Certiorari with the Supreme Court under Rule 45

NINTH (9TH) STAGE Filing of Criminal Information Sandiganbayan/ RTC/ MTC

TENTH (10TH) STAGE Issuance of Warrant of Arrest

ELEVENTH (11TH) STAGE -Motion to suspend

-Petition for bail motion

Proceedings

to reduce bail

-Motion to Quash

- Motion to conduct preliminary

Warrant of arrest

investigation and/ or reinvestigation

-Motion to determine probable cause

-In case of denial of the motion for re-investigation party may file a motion for reconsideration -In case of denial party may file a petition for Certiorari and prohibition under Rule 65 -Petition for Review on Certiorari under Rule 45 with the Supreme Court

TWELVETH (12TH) STAGE Motion to Quash

THIRTEENTH (13TH) STAGE Arraignment and Plea -Suspension of Arraignment -Plea to a lesser offense -Plea to Non-Capital offense -Production and inspection of evidence

FOURTEENTH (14TH) STAGE Pre- trial stage/ Preliminary conference

FIFTEENTH (15TH) STAGE Presentation of Prosecution’s evidence

SIXTEENTH (16TH) STAGE Motion to suspend proceedings based on Pre-judicial Question

SEVENTEENTH (17TH) STAGE Formal Offer of Evidence

EIGHTEENTH (18TH) STAGE Comment/ Opposition to the Prosecution’s Formal Offer of Exhibits NINETEENTH (19TH) STAGE Order of Admission of Evidence/ Resting of case by the Prosecution

TWENTIETH (20TH) STAGE Demurrer to Evidence

TWENTY FIRST (21ST) STAGE Comment/ Opposition to the Demurrer to Evidence

TWENTY SECOND (22ND) STAGE Presentation of Defense Evidence -Presentation of Defense Evidence -Order of Trial -Order of Examination of Witnesses

-Direct Examination -Cross Examination -Re-direct Examination -Re-cross Examination

TWENTY THIRD (23RD) STAGE Formal Offer of Evidence for The Defense

TWENTY-FOURTH (24TH) STAGE Comment/ Opposition to the Defense Formal Offer of Evidence

TWENTY FIFTH (25TH) STAGE Order of Admission of Evidence/ Resting of the case by the Defense

TWENTY SIXTH (26TH) STAGE Rebuttal Evidence for the Prosecution

TWENTY SEVENTH (27TH) STAGE Sur- Rebuttal Evidence

TWENTY EIGHT (28TH) STAGE Memorandum/ Oral Argument

TWENTY NINTH (29TH) STAGE Decision/ Judgment

THIRTIETH (30TH) STAGE Motion for Reconsideration/ New Trial or Probation

THIRTY FIRST (31ST) STAGE Appeal

THIRTY SECOND (32ND) STAGE

-Execution of Civil Liability by

-Service of Sentence