CRIMINAL PROCEDURE

Yes. The public

prosecutor files
Complaint the information
If the offense Responde in the court
is filed w/
is punishable nt files a
the office
by 4 y, 2m & counter
of the
PRELIMINARY 1d affidavit The court
public NB:
INVESTIGATI determines if
prosecutor Motion to
ON there is probable
Direct Reduce
filing:
cause to justify
The accused No, public Bail
Complaint prosecutor the issuance of
is not Matter of right
If the offense is not is directly will dismiss warrant of
arrested the case. B4/Af
punishable w/ filed
The court issues conviction by
Commissio imprisonment of more
Public a warrant of MTC; B
n of an than 4 y, 2 m and 1 d,
No. The prosecutor ARREST conviction by
offense THEN PI IS NOT
public determines RTC-not pun,
The accused The accused
prosecutor probable pun, guilt is
is arrested in must POST
orders the cause to justify BAIL.
flagrante or Matter of
release of filing of the
the accused INQUEST discretion- Af
the accused Yes, the Motion to ARRAIGNMENT
has just quash; conviction by
& a regular public plea
committed the RTC, not
PI will be prosecutor bargainin
the offense g; plea to PRE-TRIAL pun
files
a capital PTC: plea
information offense; bargain;
INQUEST Public provision TRIAL stipulation of
determine prosecutor al facts; marking
dismissal; evid; waiver of
won said determines if demurrer obj to
persons the JUDGMENT
admissibility of
should warrantless evid;
remain POST-
JUDGEMENT
 CRIMINAL PROCEDURE

Provisional Dismissal
Kinds of Evidence
SEC. 8. Provisional dismissal. A case shall not be provisionally dismissed 1. Object
except with the express consent of the accused and with notice to the 2. Documentary
offended party. 3. Testimonial

The provisional dismissal of offenses punishable by imprisonment not

exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case
having been revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their provisional dismissal shall
become permanent two (2) years after issuance of the order without the
case having been revived.
EVIDENCE
Requisites
1. Relevant
2. Competent
TRIAL
1. Prosecution shall present its evidence first:
a. To prove the charge; and,
b. To prove the civil liability in the proper case.
2. Accused will then present his evidence to prove his defense and
the damages he sustained, if any, arising from the issuance of a
provisional remedy in the case;
3. Prosecution may present its rebuttal evidence unless the court
allows it to present additional evidence bearing on the main issue;
4. Accused may present sur-rebuttal evidence unless the court
allows it to present additional evidence bearing on the main issue;
5. Upon submission of the evidence of the parties, the case shall be
deemed submitted for decision unless the court directs them to
argue orally or submit
6. written memorandum.