Criminal Procedure

FLOWCHART
RULE 114. Sec. 1 Bail is the security given for the release
of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court
as required under the conditions hereinafter specified.
Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance.
1987 CONSTITUTION, ART. III. SEC 2.
...No search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

The judge may rely upon fiscal’s certification of the
existence of probable cause whether or not the case is
cognizable only by the RTC. He shall personally evaluate
the report and the supporting documents submitted by
the fiscal regarding the existence of probable cause.
If on the face of the information he finds no probable cause, he
may disregard the fiscal’s certification and require the
submission of supporting affidavits of witnesses to aid him in
arriving at a conclusion as to the
existence of a probable cause.

RULE 117. Sec. 1 At any time before entering his plea, an accused
may move to quash the complaint or information.
 RULE 113. Sec. 5 A peace officer or a private
RULE 110. Sec. 1 Criminal actions RULE 126. Sec. 13 A person lawfully
person may, without a warrant, arrest a person: arrested may be searched for
shall be instituted as follows:
(a) when, in his presence, the person to be dangerous weapons or anything
(a) for offenses where a preliminary
arrested has committed, is committing, or is which may have been used or
investigation is required pursuant to Section
attempting to commit an offense; constitute proof in the commission
1 of Rule 112, by filing
(b) when an offense has just been committed, of an offense without a search
the complaint with the proper officer for the
and he has probable cause to believe based on warrant.
purpose of conducting the requisite
personal knowledge of facts or circumstances
preliminary investigation.
that the person to be arrested has committed it;
(b) for all other offenses, by filing the
and
complaint or information directly with the *Public prosecutor shall
(c) when the person to be arrested is a prisoner
Municipal Trial Courts and Municipal Circuit determine whether or not
who has escaped from a penal establishment or
Trial Courts, or the complaint with the office warrantless arrest was valid.
place where he is serving final judgment or is
of the prosecutor. In Manila and other
temporarily confined while his case is pending, or
chartered cities, the complaint shall be filed
has escaped while being transferred from one
with the office of the prosecutor unless
confinement to another.
otherwise provided in their charters. The
In cases falling under paragraph (a) and (b) above,
institution of the criminal action shall
the person arrested without a warrant shall be
interrupt the running period of prescription
forthwith delivered to the nearest police station
of the offense charged unless otherwise
or jail and shall be proceeded against in
provided in special laws.
accordance with section 7 of Rule 112.
*Jurisdiction is acquired either
through voluntary submission to
the court, arrest, or through
posting of bail.
Rule 111. Sec. 1 When a criminal
action is instituted, the civil action
for the recovery of civil liability
arising from the offense charged
shall be deemed instituted with
the criminal action unless the
offended party waives the civil
action, reserves the right to
institute it separately or institutes
the civil action prior to the criminal
action.
RULE 113. Sec. 1 Arrest is the taking of a person
into custody in order that he may be bound to
answer for the commission of an offense
RULE 112. Sec. 1 Preliminary investigation is an
inquiry or proceeding to determine whether
there is sufficient ground to engender a well-
founded belief that a crime has been committed
and the respondent is probably guilty thereof,
and should be held for trial. Except as provided in
Section 6 of this Rule, a preliminary investigation
is required to be conducted before the filing of a
complaint or information for an offense where
the penalty prescribed by law is at least 4 years,
2 months and 1 day without regard to the fine.
RULE 113. Sec. 3 It shall be the duty
of the officer executing the
warrant to arrest the accused and
to deliver him to the nearest police
station or jail without necessary
delay.
Additional situations when warrantless
arrest is valid:
a) where a person who has been lawfully
arrested escapes or is rescued (RULE 113,
Sec. 13)
b) by the bondsmen for the purpose of
surrendering the accused (RULE 114, Sec.
23)
c) where the accused attempts to leave
the country without permission of the
court (RULE 114, Sec. 23)
CLERK OF COURT TRANSMITS RECORD OF THE
CASE TO THE CLERK OF COURT OF THE
APPELLATE
COURT WITHIN 5 DAYS FROM FILING OF
NOTICE
STENOGRAPHER FILES TRANSCRIPTION OF
PROCEEDINGS WITH THE CLERK OF COURT

NOTICE OF APPEAL FILED WITH COURT

WHICH RENDERED JUDGMENT WITHIN
15 DAYS FROM PROMULGATION
 Judgement

Accused presents
Appeal
evidence

Granted demurrer; dismissal on the

ground of insufficiency of evidence
New trial or reconsideration

Denied
Cases submitted for
decision

Accused barred from

Granted
presenting evidence
 Demurrer denied
Without leave of
court
Accused may file
demurrer to evidence
Motion with
leave of court
To test sufficiency of
prosecution’s evidence
Judgement Appeal

Case submitted Accused shall file

for decision demurrer

Prosecution and defense present

rebuttal and sur-rebuttal evidence
 Accused presents defense

Prosecution
If not within
presents evidence
the time limit

Motion to dismiss
Pre-Trial
May file motion to quash Trial

Posting of bail Arraignment

Issue warrant Submit

of arrest supporting
affidavits
Criminal information
filed in court upon Yes No
finding of probable
cause
Appeal

Trial Judgement
 Pre-trial
Commitment
order if detained
Arraignment

Posting of bail
Judge issues warrant
of arrest upon
Preliminary investigation
probable cause
 Warrant of
Immediate
arrest release of the
accused
Invalid Arrest

Criminal
Valid Arrest
information
filed in court
 Submit
Dismissal additional
affidavit
Probable
Cause? Yes No

Judge evaluates Criminal

resolution of public information filed in
prosecutor court
 Inquest
Dismissal
Proceedings

Dismissal Search and Seizure

Submit additional
No Probable Cause
affidavit
 Judge issues
commitment order Detained

Accused may ask for

preliminary Waiver Art. 125
investigation

Appeal Appeal
 Trial Trial

Judgement Judgement

Judgement Judgement

Pre-trial Pre-trial
Arraignment or Plea Arraignment or Plea

Posting of bail Posting of bail

Criminal information Judge Issues warrant

filed in court upon of arrest upon
finding of probable finding of probable
cause cause
 May file petition for
review with
DOJ/OP Resolution
Respondent files
counter-affidavit
No No Yes

Judge issues warrant Warrantless

of arrest upon finding Yes arrest
of probable cause
 Dismissal Complaint of
Criminal information filed with
information filed inferior courts or office
in court of prosecutor

Civil Action for civil liability deemed

instituted (Rule 111) Probable
Cause?

Preliminary All other Offenses

Investigation under rule 112
 Commission With Warrant
of an Offense Probable
Cause?

Arrest
Dismissal
Preliminary
Investigation
Penalty is at least 4
yrs., 2 months, 1 Institution of Criminal
day Action