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Provisional acquittal
dismissal
OVERVIEW: Criminal Procedure - d: double jeopardy
- p: Rule 65(certiorari)
R 114
Exception: R 126 S13 Petition for bail (allowed until finality of order)
Warrantless search
incident to a lawful
arrest
000
C R I M P R O page 2 of 6
conviction
R 115 rights attach
Subject to MFRs or
Mandatory pre-trial in RA 8493 Motions for new trial
Court acquires jurisdiction: 1) filing of Information, 2) appearing before Judge
Within 30 days after Court acquires jurisdiction, ARRAIGNMENT, then PRE-TRIAL
Within 30 days after pre-trial, TRIAL
Within 30 days from finality of order, NEW TRIAL when granted motion
C R I M P R O page 3 of 6
R 126, S13
Warrantless search lawful
when incident to a lawful arrest
conducted by a prosecutor
WON respondent If there is PC Resolution & info Prov or city prosec Latters finding of DOJ Sec may information
should be held for or chief state PC or lack of it upon appeal or
trial prosec or prevails motu proprio
Ombudsman S4, par 4, R 112 reverse or modify
the latter dismiss
If none: dismiss - for approval: - if investigating prosec
- S4, par 2&3, R 112 recommends dismissal, but - DOJ may direct prosec to
- without prejudice to Chief State Prosec finds either file info w/o need for
City/Prov/Chief State PC may file info or direct PI or dismiss with notice to
prosecs finding of PC (S4, another, no need for new PI parties
par 4, R 112)
NO PC Dismiss info
C R I M P R O page 5 of 6
WON respondent If there is PC Resolution & info Prov or city prosec information
should be held for or chief state
trial - cf. contents of resolution prosec or
in S5, par 1, R 112 Ombudsman
If no PC: dismiss
If none: dismiss - above-named persons
info must review the resolution; - the last named officials
their ruling must state the may order the release of a
facts and the law on which detained accused
it is based
HOWEVER, before termination of PI, MTC judge may issue AW if upon examination in writing & under
oath & asking searching qs, he finds PC to detain: ISSUE AW
C R I M P R O page 6 of 6
Complaint PI
not required
- S1, R 112
Filed with
prosecutor
S1, par (b), R 110