Professional Documents
Culture Documents
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
POLICE INVESTIGATION
Complaint? NO
B8
C8
NO
DoJ APPEAL INQUEST Counteraffidavit Supporting documents NO Motion to Fix Bail Draft Information Pending Resolution? Rejoinder Affidavit YES C4
BAIL
C7
NO A7 Granted? YES A9 C9
A4
NO Defective Information Which ground for quashal? Dbl Jpdy / No Jurisdic tion
B9
Granted?
AMENDMENT OF INFORMATION
A5
CLARIFICATORY HEARING A2 B4
WITHDRAWAL OF RESOLUTION
DISMISSAL OF COMPLAINT
C3 A6 C6
DISMISSAL OF INFORMATION
ARRAIGNMENT
A#
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
TRIAL MODIFIED TRIAL ORDER (Defense first, or both Prosecution and Defense)
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 Granted? B#
Search Warrant
B13
YES
YES
YES RULE 42 APPEAL Petition for Review From MTC then to RTC then to CA? NO REBUTTAL TO DEFENSE EVIDENCE
B11, 12
B10
DISMISSAL OF INFORMATION *
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
JUDGMENT
POSTCONVICTION REVIEW
MODIFICATION OF JUDGMENT