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Remedies before filing of criminal complaint or information

1. Referral to barangay conciliation;


a. Barangay protection order under VAWC
2. Warrantless arrest (Rule 113, Section 5)
3. Inquest Proceedings (Rule 112, Sec 6, Par. 1)
4. Application for State Witness, under RA6981
5. Bail before filing of criminal complaint or information (R114, Sec. 17)
6. Application for search warrant
a. Motion to quash search warrant
b. Motion to suppress evidence
c. Motion to exclude evidence

Remedies in Preliminary Investigation

1. During Preliminary Investigation


a. Motion to Conduct PI, in case the person arrested was arrested without warrant,
and application for bail (Rule 112, Sec 6, Par. 2)
b. Motion to Conduct PI, in case the complaint or information is already filed in court.
(Rule 112, Sec 6, Par. 3)
c. Motion to suspend PI, on the ground of prejudicial question.)

2. After resolution
a. Motion for reconsideration from the resolution of the Municipal/City/Provincial
Prosecutor
b. Motion to reopen case and to admit Counter-Affidavit
c. Appeal by way of petition for review, the resolution of the Municipal/City/Provincial
Prosecutor to the Secretary of Justice
d. Automatic Review of dismissed illegal drugs cases under RA 9165
e. Motion for reconsideration from the decision of the DOJ or OP
f. Motion to defer proceedings, on the ground of a pending petition for review with
the DOJ or OP
g. Appeal to the CA, the decision of the OP, when the crime charged is punished by
death, reclusion perpetua or life imprisonment (Rule 43)
h. Petition for certiorari to the CA, the decision of the SOJ for all other crimes. (R65)
i. Motion for extension of time to file petition for review/petition for certiorari

Remedy after the filing of the criminal complaint or information, but before arraignment and plea

1. Prosecution of the Civil Aspect


a. Motion to Prosecute by Private Prosecutor
b. Motion to consolidate
c. Motion to suspend proceedings
d. Motion for provisional remedies
e. Application for Hold Departure Order

2. Remedies before arraignment


a. Motion to conduct Preliminary Investigation
b. Motion to withdraw complaint/information
c. Motion for Judicial Determination of Probable Cause/Arrest with warrant
d. Motion to Quash Warrant of Arrest
e. Bail
i. Petition for Bail
ii. Motion for Reduction of Bail
iii. Motion for Recognizance
f. Motion for Bill of Particulalrs
g. Motion to Suspend Arraignment
h. Motion to dismiss based on SLAPP

1. Remedies before plea


i. Motion to amend complaint or information
j. Motion to quash complaint or information
k. Bail

Remedies during pre-trial and trial

2. Motion to amend pre-trial order


3. Motion for consolidation of cases and joint trial
4. Motion for leave of court to file demurrer to evidence
5. Motion for Demurrer to evidence
6. Motion for reconsideration from the decision granting/denying demurrer
7. Appeal from the resolution granting/denying demurrer
8. Bail to secure the appearance of material witness
9. Motion to exclude public
10. Provisional Dismissal

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