STAGES IN CRIMINAL CASE

CONSULTATION WITH THE LAWYER

PREPARATION OF AFFIDAVIT-COMPLAINT (OR COUNTER-AFFIDAVIT)

PRELIMINARY INVESTIGATION Determination of probable cause

FILING OF INFORMATION Less than 6 years imprisonment- MTCs More than 6 years imprisonment- RTCS

ASSIGNING OF DOCKET NUMBER AND RAFFLE (except cases filed in single sala courts)

ISSUANCE OF WARRANT OF ARREST (if court finds probable cause) Accused may file motion for bail

ARRAIGNMENT (within 10 days from the date the case was raffled) Accused enter his plea of guilty or not guilty PRE-TRIAL (Mandatory) (within 10 days after Arraignment) Purposes of Pre-Trial: o Plea Bargaining o Stipulation of facts o Marking for identification of evidence of the parties o Waiver of objections to admissibility of evidence o Modification of the order of trial if the accused admits the charge but interposes a lawful defense o Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case

TRIAL (commence within 30days from receipt of the pre-trial) 1. Presentation of evidence by prosecution 2. Cross-examination by defense 3. Presentation of evidence by accused 4. Cross-examination by the prosecution 5. Submission of rebuttal and sur-rebuttal evidence (prosecution and defense) 6. Prosecution rests his case 7. Filing of Demurrer to evidence (if opted by the defense) If court denies demurrer to evidence w/ leave of court- accused may present evidence If court denies demurrer to evidence w/o leave of court- accused waived his right to present evidence- case submitted for decision 8. Court may allow submission of written memoranda Court to render judgment based on evidence formally presented by the prosecution and the accused

JUDGEMENT (In the presence of accused and counsel except in light offenses) Finding of guilty or not guilty If decision is for acquittal NO APPEAL Remedies If for conviction Motion for New Trial/ Reconsideration 15 days from receipt of judgment Motion for New Trial- based on newly-discovered evidence Petition for probation- for conviction of offenses not punishable by not more than 6 years imprisonment

APPEAL (within 15 days from receipt of decision or denial of his MNT/MR via Notice of Appeal

EXECUTION Appeal denied and conviction affirmed on appeal with finality- case will be brought back to the court of origin for the enforcement of judgment ISSUANCE OF A COMMITMENT ORDER by the court directing the detention of the accused to a penal or correctional institution to serve the sentence imposed on him.

STAGES IN A CIVIL CASE

CONCILIATION/ MEDIATION/ ARBITRATION/ ALTERNATIVE MODES OF DISPUTE RESOLUTION

CONSULTATION WITH THE LAWYER

FILING OF COMPLAINT/PETITION

ASSIGNING OF DOCKET NUMBER AND RAFFLE

Purposes of Pre-Trial: o Amicable settlement of the civil aspect of the case o Simplification of issues o Limitation of number of witnesses o Identification of evidence that needs to be presented during trial Presence of parties indispensable unless absence is excused and a SPA is submitted Non-attendance of plaintiff- dismissal of case Non-attendance of defendant- plaintiff allowed to present evidence ex parte SUBMISSION OF PRE-TRIAL BRIEF

PRE-TRIAL (Mandatory)

TRIAL 1. Presentation of evidence by plaintiff 2. Presentation of evidence by defendant 3. Plaintiffs submission of rebuttal evidence 4. Defendants submission of sur-rebuttal evidence 5. Parties may file written memoranda 6. Case submitted for decision NOTE: In SUMMARY PROCEDURE- parties submit affidavits in lieu of direct examination; affidavits subject to cross-examination; court to render decision even w/o trial

JUDGEMENT Ordinary procedure- 90 days from time case is submitted for decision Summary procedure- 30 days MNT/MR- 15 days from notice of judgment (not allowed in summary procedure)

APPEAL 15 days from receipt of decision or denial of his MNT/MR

EXECUTION (Undertaken by the court sheriff) o Garnishment of funds o Levy o Attachment of property o Sale or real or personal property through public auction

ROSE ANGELIE T. PALATTAO 3-B

SAN BEDA COLLEGE OF LAW

27 February 2013