Title | Criminal Procedure Flowchart Main |
---|---|
Author | Anonymous User |
Course | Juris Doctor |
Institution | De La Salle University |
Pages | 1 |
File Size | 98.4 KB |
File Type | |
Total Downloads | 292 |
Total Views | 513 |
Download Criminal Procedure Flowchart Main PDF
INQUEST
PI
FILING OF COMLAINT / INFORMATION Definition: §3-4, 110
ARRAIGNMENT
TRIAL
Where: Court where the C/I is filed or assigned When: Within 30 days from the filing of the Information or the date when court acquired jurisdiction over the person of the accused, unless a shorter period is provided How: §1(a), Rule 116
When: Within 30 days from the the receipt of the PTO (§1, Rule 119) If the accused is to be tried pursuant to an order of new trial, the trial shall commence within 30 days from the notice Trial Period: The entire trial period shall not exceed 180 days from the first day of trial, except as authorized by the SC (§2, Rule 119)
ISSUANCE OF WOA
PRE-TRIAL
REMEDIES
When: After arraignment and within 30 days from the date when court acquires jurisdiction over the person of the accused, unless a shorter period is provided (§1, Rule 118) Mandatory in ALL criminal cases in the Sandiganbayan/RTC/MTC
MOTION FOR BILL OF PARTICULARS (§9, Rule 116) Accused may move before arraignment for a BOP to enable him to properly plead and prepare for trial The motion must specify the defects of the C/I and specify the details desired.
MOTION FOR SUSPENSION OF ARRAIGNMENT Grounds: §11, Rule 116
MOTION TO QUASH Grounds: §3, Rule 117 When: At any time before the accused enters his plea (§1, Rule 117)
CHALLENGE VALIDITY OF ARREST OR WOA ISSUED (§26, Rule 114) When: At or before arraignment
ISSUANCE OF A PRE-TRIAL ORDER When: Within 10 days after the termination of PT (§4, Rule 118) Effect: PTO shall bind the parties, limit the trial to matters not disposed of and control the course of action during the trial, unless modified by the court.
MOTIONS POSTPONEMENT OR CONTINUANCE Grounds: §4, Rule 119 Prohibited Grounds: §4, Rule 119
CONDITIONAL EXAMINATION OF WITNESSES Grounds: §12, 13, 15, Rule 119
SECURING APPEARANCE OF MATERIAL WITNESS §14, Rule 119
DISCHARGE OF ACCUSED TO BE A STATE WITNESS Grounds: §16, 17, Rule 119
REOPENING THE PROCEEDINGS Grounds: §24, Rule 119
DEMURRER TO EVIDENCE When: After the prosecution rests its case (§ 23, Rule 119 Ground: Insufficiency of evidence How: With leave or without leave of court (§23, Rule 119)
JUDGMENT Formal Requisites: §1, Rule 120
JUDGMENT OF ACQUITTAL Contents: §2, Rule 120 IMMEDIATELY FINAL and EXECUTORY May not be appealed Demurrer to Evidence: If granted, amounts to acquittal of the accused and may not be appealed.
PETITION FOR CERTIORARI (Rule 65) Grounds: (a) In acquitting the accused, the RTC committed not merely reversible errors of judgment but also grave abuse of discretion amounting to lack or excess of jurisdiction or a (b) denial of due process, thus rendering the assailed judgment void (Source: Cases)
JUDGMENT OF CONVICTION Contents: §2, Rule 120 Cancellation of bail bond
REMEDIES SETTING ASIDE OR MODIFICATION OF JUDGMENT When: Before the judgment of conviction becomes final or before appeal is perfected (§7, Rule 120)
MOTION FOR NEW TRIAL or RECONSIDERATION When: Before the judgment of conviction becomes final (§1, Rule 121 Grounds: (§2-3, Rule 121) Effects: (§6, Rule 121)
APPEAL Who: Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy When: Within 15 days from the promulgation of judgment or from notice of the final order appealed from...