Police Investigation

Arrest w/o warrant

Complaint

Apprehended individual delivered to the nearest police station

Office of the City Prosecutor

Conduct Inquest by City Prosecutor

Determination of Probable Cause

No. dismissal and release of the apprehended indivual

Yes.

Filing of Information Filing of Complaint Affidavit (the investigating prosecutor has 10 days to decide, whether)

[to dismiss the complaint]

[to issue subpoena] (If issued / If not issued)

The investigation office shall resolve the complaint based on the evidence presented by the complaint

Respondent shall have the right to examine the evidence submitted by the complainant If respondent did not submit a counter affidavit Submission of counter affidavit which includes, affidavits of witnesses, other documents, which must be subscribe and sworn. ( within 10 days from receipt of subpoena) (the complainant may file reply affidavit) (the respondent may rebut, through rejoinder - affidavit

Clarificatory Hearing (within 10 days from the expiration of the period of their submission)

Determination of Probable cause

Resolution / certification of preliminary investigation (forwarding to the provincial, state or chief prosecutor of the records)

If approved by the provincial, state or chief prosecutor

Filing of Information If dismissed, but disapprove by the provincial , state or chief prosecutor

Search and Seizure Warrant

Arrest Warrant

(DOJ AM 453) the aggrieved party may file M.R. (15 days form the receipt of assailed reso) Granted If denied

Existence of Probable Cause to be determined by presiding Judge.

the aggrieved party may file an Appeal to Secretary of Justice (15 days upon receipt of resolution or M.R.) (DOJ Circular 70)

Yes

No

filing comment

Arrest/ Search and Seizure Warrant Issued Signed by the presiding Judge and issued to the designated Chief of Police and/or Police Officers

No Warrant

filing of verified comment

Conducting of Arrest, Search and Seizure

Decision of Secretary of Justice

If dismissed

if granted

other dissimissal of the case or filing of information filing of M.R. (Denied)

if non bailable file Petition for review to office of the president (15 days from receipt of denial A.M. 58) if denied

if bailable Petition for certiorari under rule 65 before C.A.

if denied M.R. from receipt of decision If denied M.R. (52) if denied

Petition for review under Rule 43 before the Court of Appeals If denied M.R. (Rule 52) If denied Petition for Review on certiorari under Rule 45 before Supreme Court If denied (M.R. 152) M.R. 52 if denied Petition for Review on Certiorari rule 45 before S.C.