SUMMARY PROCEDURE IN CRIMINAL CASES

a. Traffic laws, rules and regulations b. Rental law c. Municipal or city ordinances d. All other criminal offenses punished by: I < 6mo F < 1k (or both) e. Damage to property due to criminal negligence <10k

FILING

Complaint, or Information MM& other chartered cities EXCEPT when offense cannot be prosecuted DE OFICIO

DISMISSAL

SET FOR ARRAIGNMENT

Accompanied by: Affidavits of complainant & witnesses plus 2 copies for the courts files

What may be done: POS Consider allowing the accused to enter a plea of guilty to a lesser offense o Any admission should be reduced into writing & signed by the accused & his counsel, OR ELSE it cannot be used against him Other matters to clarify issue & insure speedy disposition Entering into a stipulation of facts o Failure or refusal to stipulate shall NOT prejudice the accused

PRELIMINARY CONFERENCE

TRIAL

Not later than 30d after termination of trial

Affidavits earlier submitted shall constitute their direct testimonies; thus, ACTUAL DIRECT EXAMINATION OF WITNESS IS NOT REQUIRED Witness may be subject to CROSSEXAMINATION, RE-DIRECT EXAMINATION or RE-CROSS EXAMINATION Should witness FAIL TO TESTIFY, affidavit shall NOT be considered competent evidence Court is mandated NOT to order the arrest of the accused EXCEPT where the ground is failure to appear when required by court o When arrested, may be released on BAIL or RECOGNIZANCE

JUDGMENT