WHEN TO FILE/RAISE:

AT OR BEFORE ARRAIGNMENT
PRELIMINARY INVESTIGATION - Bill of particulars
- Before filing information/complaint in the court
- When the penalty is at least 4 years, 2 months and BEFORE ENTERING PLEA
1 day - Filing of motion to quash by the defendant

WHEN CAN THE ACCUSED ASK FOR PRELIMINARY AFTER ARRAIGNMENT AND 30 DAYS AFTER THE
INVESTIGATION? COURT ACQUIRES JURISDICTION
- Before the filing of the complaint/information - Order of pre-trial

WHAT HAPPENS AFTER THE FILING OF AFTER ARRAIGNMENT BUT BEFORE TRIAL
COMPLAINT/INFORMATION? - Withdraw the plea of not guilty and plea for guilty to
- The accused may ask for PI 5 days from the time he a lesser offense
learns of its filing
BEFORE TRIAL
PREJUDICIAL QUESTION - Resolution of motion to quash
- Raised during the preliminary investigation
DURING TRIAL
FILING BY THE INVESTIGATING OFFICER-DISMISS OR - Cure in the defect of the information (if no objection
ISSUE SUBPOENA was raised)
- 10 days
AFTER THE PROSECUTION RESTED ITS CASE
RECIEPT OF SUBPOENA-SUBMISSION OF COUNTER - Demurrer to Evidence
AFFIDAVIT BY THE RESPONDENT
- 10 days ANY TIME BEFORE FINALITY OF JUDGMENT OF
CONVICTION
SUBMISSION OF COUNTER AFFIDAVIT-CLARIFACTORY - Reopening (motu propio/ on motion)
HEARING (OPTIONAL)
- 10 days AT ANY TIME OF THE PROCEEDINGS
- Question of jurisdiction
INVESTIGATION-RESOLUTION BY THE INVESTIGATING - The defect of a criminal action not instituted in the
OFFICER name of the People of the Philippines
- 10 days - Remedy for the defect/error in the name of the
accused
RESOLUTION-FORWARD RECORD TO
PROSECUTOR/OMBUDSMAN 1. JURISDICTION OVER THE SUBJECT MATTER-
- 5 days
power to hear and determine cases of the general
RECEIPT OF RECORD-PROSECUTOR/OMBUDSMAN class
SHALL ACT ON RESOLUTION
- 10 days 2. JURISDICTION OVER THE TERRITORY WHERE
FILING OF COMPLAINT-DETERMINATION OF THE OFFENSE WAS COMMITTED- committed
PROBABLE CAUSE (JUDGE) within the territorial jurisdiction of the court:
- 10 days
CANNOT BE WAIVED
If in doubt, the judge may order prosecutor to PRESENT
ADDITIONAL EVIDENCE
- 5 days 3. JURISDICTION OVER THE PERSON OF THE
ACCUSED- person charged with the offense must
FILING OF COMPLAINT/INFORMATION- RESOLUTION
OF THE ISSUE BY THE COURT have been brought to the court’s presence for trial
- 30 days

PERIOD GRANTED TO THE BONDSMEN TO PRODUCE 4. ORIGINAL JURISDICTION- first source of

THE BODY AND EXPLAIN WHY THE ACCUSED DID NOT existence
APPEAR
- 30 days
5. GENERAL JURISDICTION- take cognizance of all
NO BAIL AFTER FINAL JUDGMENT
causes
WHAT TO FILE/RAISE:

BEFORE ARRAIGNMENT 6. LIMITED/SPECIAL PROCEEDING- can be

- OBJECTION TO THE ILLEGALITY OF ARREST exercised only under limitations prescribed by
- MOTION TO QUASH FOR DUPLICITY OF
OFFENSE statute
7. EXCLUSIVE JURISDICTION- confide to a
particular court

8. CONCURRENT JURISDICTION- 2 or more courts

may exercise jurisdiction

9. RTCs shall exercise exclusive ORIGINAL

JURISDICTION in all criminal cases

10. MTC- not more than 6 years and a fine not more
than 4000 pesos

11. RTC- exceeds 6 years and a fine exceeding 4000

pesos