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Chart of Procedure in Criminal Cases in The Inferior Courts
Chart of Procedure in Criminal Cases in The Inferior Courts
Chart of Procedure in Criminal Cases in The Inferior Courts
Procedure in Criminal Cases in the Inferior Courts (not covered by the rule on summary procedure) Discovery of a crime; investigation by police authorities Filing of a complaint Preliminary investigation Dismissal of the case Filing of the information by the prosecutor After determination of probable cause, issuance of the Warrant of Arrest & the arrest Bail Motion to quashed y the accused
Remedies: Legal basis DOJ cir.- 70 & 70-A Appeal for petition for review
Regional State Prosecutor Secretary of Justice Court of Appeals- rule 42 Supreme Court- rule 45
Note: If in any case, should the accused be unsatisfied with the decision of the trial court
Execution
(including the judgment on the motion to quash), appeal maybe made to the proper appellate court prior to the finality of the judgment.
elmerlalong
If the judgment is acquittal the remedy is not appeal, but file a petition for certiorari based on grave abused of discretion amounting to lack or excess of jurisdiction.
CRIMINAL PROCEDURE-2011
Abundantia cordis, os loquitor
Procedure in Criminal Cases in the Inferior Courts (covered by the rule on summary procedure) Filing of a complaint or information
Court determines whether or not to dismiss the case, calendaring for arraignment
Plea of guilty
Execution of judgment
Preliminary conference
Trial
elmerlalong
Execution of judgment