Jann Claudine M. Amago 2-A o Violations of RA 3019 where public officers has salary grade 27 and above.

2. Regional trial courts

CRIMINAL PROCEDURE NOTES (lecture) o All offenses punished with imprisonment of 6 years, 1 day and up and a fine of
exceeding P4,000
PRELIMINARY CONSIDERATIONS o Libel cases as stated under the RPC- substantive law prevails

Cases cognizable under the family courts:

Criminal Procedure
1. Cases involving minors regardless of the penalty
o These are the methods prescribed for the apprehension and prosecution of a person who
2. Cases cognizable under the comprehensive dangerous drugs act
committed an offense and its punishment in case of conviction.
3. Violation of RA 9262
Jurisdiction
4. Violation of RA 7610
o The authority to try and decide a case.
5. Violation of RA 9175- Anti child pornography act
Venue
o Where the case is supposed to be filed.
3. First level courts
o Offenses punishable by imprisonment of 6years flat and below and a fine not
*Here, venue becomes jurisdiction since an action should be filed in the territory court where the court
exceeding P4,000
where the crime was committed.
o Cases can be governed by:
EXCEPTIONS:
1. Regular procedure
1. Change of venue thru the powers of the SC
2. Summary procedure
2. Moving or transitory crimes
o Cases governed by the rules on summary procedure:
3. ARTICLE 2 of the RPC + Violations of the human security act or the anti-terrorism law
1. Offenses where the penalty is imprisonment of not more than 6 months or a
fine not exceeding P1,000
Criminal jurisdiction
2. Cases of imprudence thru criminal negligence where the damage do not
o The authority to try, hear and decide a criminal case and provide for its punishment
exceed P10,000
3. Traffic violations
Requisites to acquire jurisdiction
4. Violation of BP 22
1. Jurisdiction over the subject matter
5. Violation of rental laws
o Conferred by law and the allegations in the complaint or information
6. Violation of city and municipal ordinances
o Law: BP 129, RA 7691, RSaA 8369
Cases to be referred to the lupon
2. Jurisdiction over the territory
1. When the parties actually reside in the same city or municipality
3. Jurisdiction over the person of the accused
2. Offenses where the penalty is not more than 1 year imprisonment or a fine not exceeding
o How is it achieved?
P5,000
1. Arrest of the person
EXCEPTIONS:
2. Voluntary appearance in court thru:
1. When one of the party is the government
1. Filing a motion to quash
2. When one of the party is a public officer or employee and the disputes relates to the
2. Appearing during arraignment
performance of his functions
3. Participating in trial
3. When the accused is already arrested
4. Entering bail
4. Cases where there is no private offended party( example: rebellion)
o NOTE: Filing a motion to quash on the ground of jurisdiction is not tantamount to
*for the above mentioned cases, there must be conciliation before the lupon first in the barangay where
voluntary appearance in court. Can be brought at any stage of the proceeding or
the respondent resides upon the election of the complaint otherwise the action can be dismissed for
even first time on appeal.
failure to comply with the conditions preceded
4 .Penalty attached to the commission of the offense
RULE 110-PROSECUTION OF OFFENSES
*If all the requisites are present, may proceed with the trial
1. Where do you file a criminal action?
Jurisdiction of courts
o With the office of the prosecutor for cases requiring preliminary investigation
(cases of at least 4 years, 2 months and 1 day)
1. Sandiganbayan and ombudsman

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 o Less than or for all other offenses- direct filing with the MTC or filing with the
office of the prosecutor 8. Private offenses
o In manila or other chartered cities- with the office of the prosecutor unless o When a private offense is complexed with a public offense, it cases to be a private
otherwise provided by the charter offense since public interest prevails over the private interest
o Example: rape with homicide
2. Complaint or information
o Must be in writing, in the name of the PP and against all the persons who appear 9. A criminal case on appeal
to be involved in the commission offense o Once a criminal case is on appeal, the OSG handles the case
o Difference: the one who files
10. Sufficiency of the complaint or information
3. Cases when the information is preceded by a complaint o NDA-NPA INCLUDING Qualifying and aggravating circumstances must always be
o Concubinage and adultery alleged in the information otherwise it cannot be proved during trial
o Seduction o IMPORTANCE: In order to inform the accused of the nature and right of the
o Abduction accusation against him
o Acts of lasciviousness o If the accusations are unclear the prosecutor must file a motion for a bill of
o Defamation which consists of the imputation of the above mentioned crimes particulars to particularize the accusations against the accused
*NOTE: if the prosecutor files the information without a complaint, it may be quashed for lack
of jurisdiction 11. Name of the accused
o If there is a mistake, it will not invalidate the information as long as the identity of
4. Can the court issue a writ of mandamus to compel prosecutor to include persons in the the accused was already identified and the information can always be amended
information?
o NO, the prosecutor cannot be compelled by mandamus to include people in the 12. Name of the offended party
information. Mandamus only lies on ministerial duties. I this case, since the o Not essential to indicate
prosecutor exercises discretion over the matter therefore, he cannot be compelled o In cries against property, the property must be described with such particularity
o EXCEPTION: When there is an overwhelming evidence against such persons o EXCEPTION: The information must indicate the name of the offended party in the
case of ROBBERY WITH HOMICIDE because of the gravity of the offense; if there is
5. Writ of preliminary injunction no name then it would invalidate the information
o As a GENERAL RULE: it is not allowed to file to restrain criminal action
o Exceptions: ANA-PAP-DCCC 13. Designation of the offense given by statute
o Prejudicial question example: when the civil case was filed ahead of the criminal o For: in the complaint or information
case o This will not affect the validity of the information since the facts alleged in the
information is controlling, not the caption of the information.
6. Who prosecutes?
o All cases shall be under the direction and control of the PUBLIC prosecutor 14. Acts or omission complained of as constituting the offense
o However, private prosecutors are allowed in case of: o ELEMENTS of the offense
a. Heavy workload o The prosecutor must see to it that all the elements of the crime is alleged in the
b. Lack of public prosecutors information otherwise, it cannot be proven during trial and crime cannot be
Provided, that he gets a WRITTEN AUTHORITY. He may even appear without the charged
public prosecutor
15. Date of the commission of the offense
7. What are the cases that can only be prosecuted by a public prosecutor? o Never an essential element of a crime
a. When there is no private offended party o Even if not alleged, it will not invalidate the information
o Cannot be prosecuted by a private prosecutor because there is no civil liability o EXCEPTION: If date is an essential element of the crime
involved Example: Infanticide, Abortion
b. When the civil action to recover civil liability has been reserved
o Only the criminal aspect is tried 16. Place of the commission of the offense
o this should be done when the case is under preliminary investigation or before o The case must be filed in the court where the offense was committed
presenting of evidence o Venue becomes jurisdiction
*NOTE: when a private prosecutor is allowed to handle the case, it presupposes that the
case involves civil liability 17. Duplicity of offense

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 o The complaint or information must only charge a single offense 1.
o If it contains more than 1 offense, the prosecutor must file a MOTION TO QUASH
o Failure to object is tantamount to waiver and the accused can be convicted of as
many crimes that can be alleged in the information unless it falls to the exceptions
o EXCEPTIONS:
a. Complex crimes-one crime is a means of committing other crimes
b. Compound complex crimes- when 1 crime consists of 2 or more grave or less 2.
grave felonies
c. Continuing crimes- series of act under 1 criminal resolution
d. Special complex crimes
 Example: Article 294 Robbery with homicide/ robbery with rape
 Principle: the intention of the accused must be to commit robbery; if 3.
not, cannot be considered as a special complex crime
e. When 1 crime is essential to commit another crime
 Example: Homicide, essential: serious or less serious physical injuries
18. Amendment
o Can the information be amended as a matter of right?
YES. Provided that all the requirements are complied with
a. Before arraignment- may be amended formal r substantial without leave of
court 4.
b. After arraignment- only formal amendment is allowed, with leave of court,
notice to the offended party & without prejudice to the rights of the accused
o What are the distinctions or tests?
 Change in the theory of the defense – SA
 Exclusion of accused – SA
o In Formal Amendment, the accused need NOT be rearraigned
o What will happen to the original information?
 The new information will supersede the original information as if it did
not exist
 The period of prescription or date of filing RETROACTS to the date of 5.
filing of the original information.
o If it downgrades the nature of the crime or excludes a person from the
information, it is SUBSTANTIAL amendment which can only be made with:
a. Leave of court
b. Upon motion by the prosecutor
c. Notice to the offended party
d. Hearing
19. Substitution
o If at any time before judgement, there appears to be a mistake in the charging of
the proper offense, the information shall be dismissed upon the filing of a new
information charging the proper offense provided that the accused will not be 6.
placed in double jeopardy
o Double jeopardy example: when a case was dismissed without the consent of the
accused
RULE 111-INSTITUTION OF CRIMINAL AND CIVIL ACTION
When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense charged is deemed instituted unless:
a. Waiver- WRITTEN waiver
b. Reservation to institute it separately
c. Civil action instituted prior to the criminal action
Implied institution
o For the 2 aspects of an offense
o Social suffering- State
o Personal suffering- private offended party
Reservation
o Must be made before the prosecution start presenting its evidences or before the
prosecution presents their first witness; can still be made during arraignment or
pre-trial conference
o If not made within the allowable period then the CIVIL ACTION IS DEEMED
IMPLIEDLY instituted
o ADVANTAGE- the offended party may recover higher amount of damages
Extinction of criminal liability and civil liability
o If the accused was acquitted, can the civil action prosper?
 IT DEPENDS on the acquittal.
 If the accused was acquitted on the ground that the criminal action on
which the delict was based did NOT EXIST or JUSTIFYING
CIRCUMSTANCE(except no. 4), then the extinction of the criminal
action will carry with it the extinction of the civil action
 But if the ground of the acquittal was the guikt of the accused was NOT
PROVEN BEYOND REASONABLE DOUBT or of on the basis of NON-
IMPUTABILITY the the civil action may still prosper.
Independent civil action (Art. 32,33,34,2176)
o THIS IS AN INSTANCE WHERE THE CRIMINAL AND CIVIL ACTION CAN BE TRIED
SIMULATNEOULY
o There is no need for reservation
o LIMITATION: The offended party cannot recover twice damages arising from the
same act or omission
o In the case of Carandang vs. Santiago the interpretation of physical injuries “any
bodily harm” in its generic sense
o Is reckless imprudence still covered?
 Yes. Reckless imprudence resulting to injuries whether serious or less
serious.
Prejudicial question
o *GENERAL RULE: The civil case must be instituted previously ahead of the criminal
case
o Elements of a prejudicial question:
1. The previously instituted civil cases involves an issue similar or intimately
related to the issue in the criminal case
2. The resolution of such issue will determine whether the criminal case can
proceed or not
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 o When will you file a motion for the suspension of a criminal case on the basis of a
prejudicial question?
 File the motion before the prosecution rests its case
7. Effect to the civil case upon the filing of the criminal case
o The civil case shall be suspended in whatever stage it may be found to await the
judgement of the criminal case.
8. Consolidation of cases
o If the civil and criminal cases are filed within the same venue and jurisdiction then
the cases can be consolidated to be tried together
o File a motion for consolidation
o The evidences adduced in the civil case will be automatically reproduced and
carried to the criminal case without prejudice to the right to cross examine
9. Effect of death on a criminal case
o IT DEPENDS on who died. If it was the offended party who died, the criminal case
will still prosper unless in crimes of concubinage, adultery, seduction, abduction
and acts of lasciviousness. On the other hand, if it was the accused who died, it
would depend upon when he died. If the accused dies before the final judgment or
during the pendency of the case, the criminal and civil action will be extinguished.
If he dies after the final judgement, the civil action may still prosper and be
proceeded against the estate or legal representative of the deceased.
o Before the final judgement, the civil case may still prosper if it can be predicated
in other sources of obligation(laws, contract, quasi contract, quasi delict)
10. When do you consider a judgement final?
o If there is no appeal within 15 days from the promulgation of judgement
o If the accused files an application for probation then it is deemed waiver of the
right to appeal
o When there is a written waiver of the right to appeal
o When before the lapse of 15 days, the accused starts serving his sentence
RULE 112-PRELIMINARY INVESTIGATION
1. What is preliminary investigation?
o Is a proceeding or inquiry to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the accused
is probably guilty thereof and should be held for trial.
o PRELIMINARY INVESTIGATION IS A MATTER OF RIGHT for offenses where the
prescribed penalty by law is at least 4 years 2 moths and one day
o What would the lawyer do if the offense requires PI but no PI was conducted?
 If I were the lawyer of the accused, I will file a motion to remand the
case to the trial court for the conduct of a preliminary investigation.
2. Who are authorized to conduct preliminary investigation?
a. Provincial and city prosecutors
b. National and regional state prosecutor
c. Other officers authorized by law
o Ombudsman
o COMELEC thru its authorized officers for the violation of the election law
o The prosecutor cannot be prevented to conduct PI by virtue of a writ of injunction because
the it is an executive function which cannot be prevented by the judiciary and it would be
tantamount to encroachment to their powers
3. If an information was filed without a preliminary investigation, will it invalidate the
information?
o NO. Failure to conduct a PI is a mere irregularity and does not affect the validity of
the information.
o The lawyer may file a MOTION TO REMAND the case to the trial courts for the
conduct of a PI otherwise it is deemed as a waiver if no objection is made.
o Must be made BEFORE THE ENTRY OF PLEA
4. Procedure
a. Any affidavit and supporting documents must be subscribed by the prosecutor, an
officer authorised or in case of their absence, a notary public
b. Upon the receipt of the complaint or information what will happen?
o Within 10 days from the receipt of the complaint or information, the
investigating prosecutor may either dismiss the information if he find no
reason to continue with the investigation or issue a subpoena to the
respondents
c. Can a prosecutor make a resolution without a clarificatory hearing?
o YES.
d. Can the lawyer of the respondent ask questions during the clarificatory hearing?
o NO. As a rule, there should be no examination or cross examination during
the clarificatory hearing but the parties may submit questions that will be
asked by the investigating prosecutor.
e. After making a resolution, what’s next?
o The prosecutor must forward the records of the case within 5 days to the
city, provincial or chief state prosecutor for approval.
o No complaint or information can be dismissed without the prior approval of
the head of the prosecutor’s office.
o Any information filed without an approval is questionable.
f. What will happen if the prosecutor suggests for the dismissal of the information but was
disapproved by the head of the prosecutor’s office?
o The city prosecutor, provincial prosecutor or the chief state prosecutor may
reverse the resolution submitted by the prosecutor and file the information
himself or assign another prosecutor to file the information.
g. Can the resolution be the subject of review or appeal?
o YES. A petition for review or appeal may be filed before the secretary of
justice upon motion of a party or motu proprio either for dismissal or
approval of the information.
o It must be filed within 15 days from the receipt of the information or the
motion for reconsideration of the dismissal.
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 h. Can it be the subject of further review? q. If the information was already filed, can the accused still demand for a preliminary
o YES. By virtue of memorandum circular no. 58, a petition for review or investigation?
appeal can be filed before the president for criminal cases where the penalty o YES. Within 5 days from learning of the filing of the information.
prescribed is Reclusion Perpetua to death.
i. Can you go to the court of appeals to file a petition for review? r. Summons
o YES. A petition for review or appeal may be filed before the CA or SC within o A summon is issued for cases covered under the rules of summary procedure
15 days for grave abuse of discretion amounting to lack or excess of o The accused and his witnesses must submit their affidavits within 10 days in
jurisdiction. lieu of their direct testimony.
*NOTE: The filing of the appeal or petition for review will not prevent the filing of the information
before the court; the proper remedy is to file a motion to suspend the proceeding.
RULE 114-BAIL
j. What will the secretary of justice do after rendering a decision?
o E may file the information himself or assign a prosecutor to do so. 1. What is bail?
k. It is not necessary to submit the record of the preliminary investigation unless the court o Bail is a security given for the release of a person under custody of law, furnished
provides otherwise by him or a bondsman to guarantee his appearance before the court as required in
the condition herein after specified.
l. The information is now filed. What will happen after the receipt of the information?
o Within 10 days from the receipt of the information, the judge must 2. What is the reason for granting bail?
determine the existence of probable cause for the issuance of a warrant of o The accused shall be presumed innocent
arrest (PRELIMINARY EXAMINATION)
o The judge may either dismiss the information outright or issue a warrant of 3. Types of bail
arrest. a. Corporate surety- any foreign or domestic corporation licensed as a surety and
o In case of doubt: He may ask the prosecutor to submit additional evidences authorized to act as such may provide bail bond subscribed jointly by the accused and
in order to determine the existence of probable cause. He cannot dismiss the the authorized officer of the corporation
information outright in case of doubt. b. Property bond-
o If the prosecutor does not comply then the information may be dismissed. o an undertaking constituted as a lien on a real property as a security to the amount
of bail
m. When can a warrant of arrest be issued? o the accused must cause the annotation of the certificate of title within 10 days
o When the accused is not yet in custody of law from the approval of the property bond otherwise, it may be cancelled and the
n. How about commitment order? accused may be rearrested
o A commitment order is an order of remittance for persons already in custody o qualifications of property sureties(SEC12 RULE 114)
of law in cases of WARRANTLESS ARREST
c. cash deposit (SEC 14 RULE 114)
o. If a person is arrested without a warrant, is there a need for conducting a preliminary d. Recognizance
investigation? o An agreement between the accused an a responsible member of the
o NO. If a person is lawfully arrested without a warrant and the offense community that the accused will be under his custody when released
charged requires the conduct of preliminary investigation, preliminary o The accused is released and not placed under detention
investigation need not be conducted as long as an inquest proceeding is What are the instances when an accused can be released on recognizance?
conducted within 12, 18 and 36 hours as the case may be. 1. In case of youthful offenders under Art 9344
o The prosecutor must conduct an inquest proceeding but in case of his 2. Cases governed by the rules on summary procedure
absence or unavailability, the information can be directly filed before the 3. In case the accused applied for probation
court. o Since the accused who applied for probation needs to wait for 75
o After, the validity of the arrest must be examined then recommend to the days for the decision of the court
prosecutor for preliminary investigation o When application is filed, it is transmitted t the probation office
for investigation for 60 days, then submitted to the court for their
p. In case of warrantless arrest, can the accused demand for preliminary investigation? decision within 15days
o YES. Provided that he signs a waiver under ARTICLE 125 of the RPC 4. When the accused has been in detention for a period equal to the minimum
*CONDITION SINE QUA NON since the preliminary investigation cannot be penalty prescribed by law without the application of ISLAW or any modifying
done in a short period of time. circumstances

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 5. In case of light felonies, violation of city or municipal ordinances or offenses 3. Private offended party
punishable by imprisonment not exceeding 6months or a fine not exceeding o His presence may be required during arraignment for the purpose of PLEA
2,000 PROVIDED that the accused does not fall in any of the circumstances BARGAINING, DETERMINATION OF CIVIL LIABILITY and OTHER MATTERS requiring
RA 6036 (5circumstances) his presence
o FAILURE of the accused to be present would allow the accused to plead guilty to a
4. When is bail a matter of right? lesser offense with the conformity of the prosecutor alone.
o Before or after conviction in the MTC
o Before conviction in the RTC 4. Bill of particulars
Can bail be granted after the conviction in the RTC and the penalty is more than o Before arraignment, the accused may move for a bill of particulars to enable him to
6years? intelligently plead to the charges against him.
o YES a matter of discretion by the courts. File a motion of appeal and a motion o To particularize the allegations in the information
to allow the acceptance of bail.
o The decision of the court is always subject to the review of the appellate 5. What is the advantage of amending the information before pleading guilty to a lesser offense?
court. o The accused may plead guilty to what is in the information and it would be treated as
o During appeal, bail may still be granted provided that the records of the case a MITIGATING circumstance.
were not yet forwarded to the appellate court.
If there is presence of any of the circumstances in RA6036, what will happen? 6. Plea of guilty to a capital offense(Death, Life imprisonment, Reclusion Perpetua)
o The court may deny the application for bail. o The court cannot automatically render a judgment in capital offenses
Change of the nature of the offense from non bailable to bailable o The COURT must conduct a searching inquiry to the voluntariness and full
o The application for bail shall be filed before the appellate court comprehension of the accused of the consequences of his plea.
5. Can bail be reduced? o The PROSECUTION may also be required to submit evidences to prove the guilt of the
o YES. There must be notice to the prosecutor and ask for his recommendation accused and determine the precise degree of his culpability.
*NOTE: If the accused is detained other that where the case is pending, the application to o The ACCUSED may also be allowed to present evidences
reduce bail must be decided by the judge of the court where the case is pending.
7. Plea of guilty to a non-capital offense(Reclusion Temporal-down)
6. If the court required the accused to appeared but failed, what happens? o The court may require the parties to submit evidences for the purpose of
o The accused will be tried in absentia determining the penalty to be imposed
o He will still be entitled to notices even though he cannot participate during trial
otherwise, it is deprivation of his right to due process 8. Mode of discovery in a criminal case
o Section 10 rule 116
7. Is right to travel a violation of the constitutional rights of the accused? o Importance: to prevent suppression, surprise and alteration
o NO. The moment he posted bail, he obligated himself to appear before the court
as a condition of his bail bond. 9. Conditional plea as distinguished from an improvident plea
o The accused must first seek the permission of the court before he leaves the o conditional plea- the accused pleads guilty but subject to a condition like a lesser
country. offense
o improvident plea- the plea entered by the accused when he was not able to fully
comprehend the consequences of his plea
RULE 116- ARRAIGNMENT AND PLEA  may be withdrawn before judgement
 DISCRETIONARY
1. What is arraignment?
o Stage of proceeding wherein the accused is informed of the charges against him. 10. When is a plea of not guilty entered?
o Implementation of the right of the accused to be informed of the nature and cause a. When the accused so pleaded
of accusation against him. b. When he refuses to plea
c. When he makes a conditional plea
2. Presence of the accused d. When he pleads guilty but interposes lawful defense
o The presence of the accused is indispensible
o He must PERSONALLY enter his plea 11. Suspension of arraignment
o The accused must be assisted with a competent and independent counsel preferably o Section 11
of his own choice; if he cannot provide one then he must be provided with one.

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RULE 117-MOTION TO QUASH o Test to determine: examine the allegations in the information and the essential
elements
1. Motion to quash before arraignment b. Jurisdiction over the offense
Motion to dismiss after arraignment o Conferred by law
c. Jurisdiction over the person of the accused
2. Effect of MTQ to the accused o Arrest
o He deemed to admit all the allegations in the information but raises some ground to o Voluntary submission in court
quash the information d. No authority
o Prosecutor
3. When is a MTQ filed? o Must be with approval by the CHIEF otherwise may be quashed
o At any time before the accused enters his plea, he may move to qush the complaint e. Form
or information otherwise the right is deemed WAIVED o Sufficiency of the information(NDA-NDP)
o EXCEPTIONS: May be filed at any time during the proceeding , even after f. Duplicity of offenses
arraignment if based on sec 3 par a,b,g,i g. Criminal action is extinguished
a. Prescription of felonies(art. 89); how to count period
4. If the court grants the MTQ, may the information be refilled? o IT DEPENDS. If the crime is known, the day the crime was committed
o YES. Unless it is based on the ground- EXTINCTION of the criminal offense or but if the crime is unknown from the time of the discovery by the
DOUBLE JEOPARDY offended party or other persons in authority
b. Special offenses
5. Amendment; when allowed o FIRST: Look into the provision and if the special law provides for a
o The court may order the amendment of the information on the following cases: prescriptive period, apply it.
a. The facts charged do not constitute an offense o NO PP: apply art. 3326
b. That it did not substantially conform with the prescribed form h. Averments if true
c. The officer who filed the information had no authority to do so o Justifying circumstances- trial may be inverted and the accused may
o Only when the prosecution does not amend or even if amendment was made present evidences ahead of the prosecution
the defects are still present that thae MTQ may be granted and dismiss the case
9. Double jeopardy ”PROVSIONAL DISMISSAL”
6. If the court grants the MTQ, will the court discharge the accused from custody? a. Requisites of PD
o NO. must wait until amendment of the information. Unless the accused is o Consent of the accused
admitted bail. o Notice to the offended party
o EXCEPTIONS(automatically release the accused): b. When to refile: 2 years or 1 years as the case may be.
a. The crime is already extinguished
b. Double jeopardy may attach 10. Double jeopardy
o Section 7 rule 117
7. Denial of MTQ
o Denial of a MTQ is NOT APPEALABLE RULE 118-PRE-TRIAL
o General rule: Certiorari and prohibition does not lie
o Exception 1. Mandatory
a. When the act cease to be an offense 2. When is pre-trial held?
b. When the intervention of the higher court is required for the orderly o After arraignment, within 30 days
administration of justice and for the interest of the public and the accused 3. To consider:
c. When it is unjust or unfair to make the accused go to trial a. Plea bargaining
d. When the circumstances warrant that technicalities may be set aside b. Stipulation of facts
o The remedy of the accused is to proceed to trial and if convicted, assign as error c. Marking of evidences
the denial of the mtq by the trial court d. Waiver to objections of admissibility of the evidence
e. Modification of the order of trial if the accused admits the crime but interposes lawful
8. Grounds defences
f. Such other matters as will promote a fair and expeditious trial
a. Facts charged 4. ADR
o For mediatable offenses

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 o Example: libel, theft, defamation, negligence, BP 22, estafa, reckless
imprudence, negligence
5. JDR
o If there is failure in ADR then the judge will conduct JDR
6. Preliminary conference