Académique Documents
Professionnel Documents
Culture Documents
Muria
President
Adbokasiya ng Sambayanan (Adbokasiya), Inc.
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1. To be presumed innocent until the
contrary is proved beyond reasonable
doubt
2
4. To testify as a witness in his own behalf
but subject to cross-examination on
matters covered by direct examination.
His silence shall not in any manner
prejudice him
3
7. To have compulsory process issued to
secure the attendance of witnesses
and production of other evidence in
his behalf
4
For offenses where a preliminary investigation is
required
by filing the complaint with the proper
officer for the purpose of conducting the
requisite preliminary investigation
For all other offenses
by filing the complaint or information
directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor.
In Manila and other chartered cities, the
complaint shall be filed with the Office of
the Prosecutor unless otherwise provided
in their charters
5
STEPS:
1. Complainant goes to the police station or the
proper law enforcement agency to give his
statement and that of his witnesses. The
police officer in charge shall then indorse or
transmit the complaint to the office of the
prosecutor.
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DIAGRAM OF THE PROCEDURE ON
REGULAR PRELIMINARY INVESTIGATION
By Atty. Ramel C. Muria
Fiscal
Fiscal finds
conducts probable
clarificatory cause
Fiscal Fiscal files
resolves Criminal
the case Information
Fiscal finds
Fiscal no probable
resolves cause
based on
document
Fiscal dismisses
the case
8
INQUEST PROCEEDING IN CASES OF
VALID WARRANTLESS ARREST
By Atty. Ramel C. Muria
Fiscal files
Lawful warrantless arrest Police officer gets Criminal
A peace officer or a private complainants and Information in
person may, without a warrant, witnesses
Court
arrest a person: statements
9
REGULAR CRIMINAL PROCEEDING
By Atty. Ramel C. Muria
Fiscal files
Criminal
Information Judge Police officer Jail warden Accused
issues arrests the detains the posts bail
warrant of accused
accused
arrest
Accused moves
to quash info
Accused
Defense rests is
acquitted
Parties Court
Defense Defense promulgat
submit es
Court
presents formally sentences
memoranda decision
evidence offers the accused
if convicted
evidence
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REGULAR CRIMINAL PROCEEDING
By Atty. Ramel C. Muria
Fiscal files
Criminal
Information Judge Police officer Jail warden Accused
issues arrests the detains the posts bail
warrant of accused
accused
arrest
Accused moves
to quash info
Judge may dismiss for lack of D
Accuse probable cause to issue warrant Prosecution rests
d
pleads
guilty
Defense
Court Accused Pre-trial Prosecution
presents
Prosecution files
arraigns the pleads demurrer
accused not witnesses formally offers
to
guilty evidence evidence
Judge may dismiss for failure to
Prosecute/speedy trial
D
Accused
Defense rests is
acquitted
Parties Court
Defense Defense promulgat
submit es
Court
presents formally sentences
memoranda decision
evidence offers the accused
if convicted
evidence
11
Within ten (10) days after the investigation, the
investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.
14
security given for the release of a
person in custody of the law, furnished
by him or a bondsman, to guarantee
his appearance before any court as
required under the conditions specified
under the Rules of Court.
15
Grounds:
18
Matters to consider:
plea bargaining;
stipulation of facts;
marking for identification of evidence of the
parties;
waiver of objections to admissibility of
evidence;
modification of the order of trial if the
accused admits the charge but interposes a
lawful defense; and
such matters as will promote a fair and
expeditious trial of the criminal and civil
aspects of the case.
19
a) The prosecution shall present evidence to prove
the charge and, in the proper case, the civil
liability.
21
After the prosecution rests its case, the court may
dismiss the action on the ground of insufficiency of
evidence:
(1) on its own initiative after giving the prosecution to
be heard or
(2) upon demurrer to evidence filed by the accused
with or without leave of court.
23
If the sentence is for imprisonment
of not more than six (6) years, an
accused may apply for probation
within fifteen (15) days from
promulgation of judgment. A choice
of this remedy however, forecloses
the right to appeal the case.
24
Disqualified Offenders:
25
Disqualified Offenders:
26
A decision of conviction may be appealed by the
accused by filing a notice of appeal to the court
that rendered the decision.
28
Disqualified Prisoner
Those convicted of an offense punished
with death penalty, reclusion perpetua or
life imprisonment;
29
Disqualified Prisoner
Those who are habitual delinquents, i.e. those who
within a period of ten (10) years from date of last
release from prison or last conviction of the crimes
of serious or less serious physical injuries, robbery,
theft, estafa and falsification, are found guilty of any
of said crimes a third time or oftener;
Those who escaped from confinement or evaded
sentence;
Those suffering from any mental disorder as
certified by a government psychiatrist/psychologist;
Those whose conviction is on appeal;
Those who have pending criminal case/s.
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Thank you!
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