INQUEST PI
Where: Court where the C/I is filed
FILING OF
COMLAINT /
INFORMATION
Definition: 3-4, 110
ISSUANCE OF WOA
REMEDIES
MOTION FOR BILL OF
PARTICULARS
(9, Rule 116)
Accused may move before
arraignment for a BOP to enable
him to properly plead and
prepare for trial
The motion must specify the
defects of the C/I and specify
the details desired.
MOTION FOR SUSPENSION
OF ARRAIGNMENT
Grounds: 11, Rule 116
MOTION TO QUASH
Grounds: 3, Rule 117
When: At any time before the
accused enters his plea (1, Rule
117)
CHALLENGE VALIDITY OF
ARREST OR WOA ISSUED
(26, Rule 114)
When: At or before arraignment
ARRAIGNMENT
When: Within 30 days from the
or assigned
When: Within 30 days from the
filing of the Information or the
date when court acquired
jurisdiction over the person of the
accused, unless a shorter period is
provided
How: 1(a), Rule 116
PRE-TRIAL
When: After arraignment and
within 30 days from the date when
court acquires jurisdiction over the
person of the accused, unless a
shorter period is provided (1, Rule
118)
Mandatory in ALL criminal cases
in the Sandiganbayan/RTC/MTC
ISSUANCE OF A
PRE-TRIAL ORDER
When: Within 10 days after the
termination of PT (4, Rule 118)
Effect: PTO shall bind the parties,
limit the trial to matters not
disposed of and control the course
of action during the trial, unless
Grounds: 16, 17, Rule 119
modified by the court.
TRIAL
Formal Requisites: 1, Rule 120
the receipt of the PTO (1, Rule
119)
If the accused is to be tried
pursuant to an order of new trial,
the trial shall commence within 30
days from the notice
Trial Period: The entire trial period
shall not exceed 180 days from the
first day of trial, except as
authorized by the SC (2, Rule 119)
MOTIONS
POSTPONEMENT OR
CONTINUANCE
Grounds: 4, Rule 119
Prohibited Grounds: 4, Rule 119
CONDITIONAL
EXAMINATION OF
WITNESSES
Grounds: 12, 13, 15, Rule 119
SECURING APPEARANCE OF
MATERIAL WITNESS
14, Rule 119
DISCHARGE OF ACCUSED TO
BE A STATE WITNESS
REOPENING THE
PROCEEDINGS
Grounds: 24, Rule 119
DEMURRER TO EVIDENCE
When: After the prosecution rests
its case ( 23, Rule 119
Ground: Insufficiency of evidence
How: With leave or without leave
of court (23, Rule 119)
JUDGMENT
JUDGMENT OF
ACQUITTAL
Contents: 2, Rule 120
IMMEDIATELY FINAL and
EXECUTORY
May not be appealed
Demurrer to Evidence: If
granted, amounts to
acquittal of the accused and
may not be appealed.
PETITION FOR
CERTIORARI (Rule 65)
Grounds: (a) In acquitting the
accused, the RTC committed
not merely reversible errors of
judgment but also grave abuse
of discretion amounting to lack
or excess of jurisdiction or a (b)
denial of due process, thus
rendering the assailed judgment
void (Source: Cases)
JUDGMENT OF
CONVICTION
Contents: 2, Rule 120
Cancellation of bail bond
REMEDIES
SETTING ASIDE OR
MODIFICATION OF
JUDGMENT
When: Before the judgment
of conviction becomes final
or before appeal is perfected
(7, Rule 120)
MOTION FOR NEW TRIAL
or RECONSIDERATION
When: Before the judgment of
conviction becomes final (1,
Rule 121
Grounds: (2-3, Rule 121)
Effects: (6, Rule 121)
APPEAL
Who: Any party may appeal
from a judgment or final order,
unless the accused will be placed
in double jeopardy
When: Within 15 days from
the promulgation of judgment or
from notice of the final order
appealed from