Blotter Entry Police Report Statements Letter-request YES
B2 NO Probable Cause? Complaint YES Subpoena Copy of the Complaint Supporting Affidavits
PRELIMINARY INVESTIGATION
PRELIMINARY EXAMINATION ARREST Information Resolution Supporting Evidence Motion for Judicial Determination of Probable Cause NO FILING OF THE INFORMATION Probable Cause? YES Arrest Warrant Post Bail? YES Motion to Suspend Arraignment Granted? NO NO YES Grounds for Suspension of Arraignment? NO A8
YES
Go back to appropriate process (e.g. DoJ Appeal)
POLICE INVESTIGATION
Complaint? NO
Resolution Draft Information B3
B8
C8
NO Appeal to the DoJ? YES
Warrantless Arrest? YES Respondent Complies? YES
NO
DoJ APPEAL INQUEST Counteraffidavit Supporting documents NO Motion to Fix Bail Draft Information Pending Resolution? Rejoinder Affidavit YES C4
OR Commitment Order QUASHAL OF ARREST WARRANT
OR Surety Bond OR Property Bond OR Recognizance
Bail Form 3 recent Photos Cash Deposit
BAIL
Motion to Amend Information
C7
Motion to Quash Information
NO A7 Granted? YES A9 C9
A4
Motion to Quash Arrest Warrant
NO YES NO Granted? B5 NO NO YES Bailable Offense? Petition for Bail YES
NO Defective Information Which ground for quashal? Dbl Jpdy / No Jurisdic tion
B9
Granted?
YES Granted? NO YES Granted?
AMENDMENT OF INFORMATION
A5
YES Request for P.I.? NO
Written Waiver of RPC Art. 125
CLARIFICATORY HEARING A2 B4
SERVICE OF ARREST WARRANT
Amount Inappropriate? YES Motion to Increase/Reduce Bail
WITHDRAWAL OF RESOLUTION
C5 B6 B7 DISMISSAL OF INFORMATION Motion for Bill of Particulars
YES Probable Cause? NO C2 A3
YES Granted? NO RE-FIXING OF BAIL POSTING OF BAIL
DISMISSAL OF COMPLAINT
C3 A6 C6
DISMISSAL OF INFORMATION
ARRAIGNMENT
A#
INTERLOCUTORY APPEALS PROCESS
Petition for Search Warrant Supporting Affidavits
APPEALS JUDGMENT (go back to pre-appeal judgment) AUTOMATIC REVIEW (CA)
YES
MFR YES YES Granted? NO NO PETITION FOR CERTIORARI (CA) YES Probable Cause? A13 C13 RULE 41 APPEAL Notice of Appeal SEARCH WARRANT HEARING RULE 40 APPEAL SEARCH AND SEIZURE Notice of Appeal
RTC, Reclusion perpetua or higher? NO
Errors of Law, Irregularities Grounds? New Evidence PRE-TRIAL
Motion to Correct Pre-trial Order Pre-trial Order
TRIAL MODIFIED TRIAL ORDER (Defense first, or both Prosecution and Defense)
From MTC to RTC? NO
YES Guilty plea / Justifying Circumstances? Motion for Leave to Amend Information NO Granted? YES A11, 12 Motion to Exclude Accused as State Witness NO Granted? YES A10 Motion to Withdraw Information C10 NO Granted? YES
NO Demurrer to Evidence? NO
C11, 12
YES From RTC to CA? NO
PRESENTATION OF DEFENSE EVIDENCE
YES Granted? B#
Search Warrant
B13
QUASHAL / DISMISSAL OF SEARCH WARRANT
Granted? (unappealable by certiorari) NO
YES
PRESENTATION OF PROSECUTION EVIDENCE
YES
YES RULE 42 APPEAL Petition for Review From MTC then to RTC then to CA? NO REBUTTAL TO DEFENSE EVIDENCE
FORMAL AMENDMENT OF INFORMATION REBUTTAL TO PROSECUTION EVIDENCE
B11, 12
EXCLUSION OF ACCUSED FROM THE INFORMATION
B10
DISMISSAL OF INFORMATION *
NO MFR Motion to Quash Search Warrant B14
YES With Leave? NO
YES YES Granted? C# Granted? NO YES PETITION FOR REVIEW ON CERTIORARI (SC) YES Granted? NO C14 A14 EXECUTION RULE 45 APPEAL Notice of Appeal CA, Reclusion perpetua? NO YES NO YES AUTOMATIC REVIEW (SC) CA, Death penalty? Reclusion perpetua or higher? YES Appeal? NO ENTRY OF JUDGMENT YES NO YES ENTRY OF JUDGMENT RULE 45 APPEAL Petition for Review From CA to SC, below reclusion perpetua? NO
Motion to Exclude Illegally Seized Evidence
Supporting Affidavits Evidence
Motion for New Trial
Acquittal? NO MFR Motion to Modify Judgment
JUDGMENT
Remedial Law 1: Criminal Procedure Rules 110-127
SERVICE OF SEARCH WARRANT
POSTCONVICTION REVIEW
MODIFICATION OF JUDGMENT
