Tuesday, December 14, 2010

Stages in Criminal Procedure from "Handbook on Criminal Procedure and Pleadings" by Atty. Ferdinand Tan

1. Referral to the Barangay Arrest without warrant search and seizure/Warrant Quashal Grounds

2. Filing of the complaint with the DOJ/Office of the Provincial City Prosecutor's office or the Ombudsman for Preliminary Investigation

3. Raffle of the case to the assigned investigating Prosecutor for Preliminary investigation

4.Issuance of Subpoena/Order

5.Preliminary Investigation Proper

6.Resolution of the office of the Provincial City Prosecutor/Ombudsman in Preliminary Investigation

7.Motion for Reconsideration

8.Appeal to the DOJ by way of Petition for Review

Appeal by Certiorari under Rule 45 in case of the resolution of the office of the Ombudsman

Appeal to the office of the President

9. Filing of Criminal Information Sandiganbayan/RTC/MTC

10. Issuance of Warrant of Arrest

11. Suspension of Arraignment/Motion to Conduct Preliminary Investigation/Bail/Quashal of Warrant of Arrest

12. Motion to Quash

13. Arraignment and Plea

14. Pre-trial stage/Preliminary Conference

15. Presentation of Prosecution's evidence

16. Motion to suspend proceedings based on prejudicial question

17. Formal Offer of Evidence

18. Comment/Objection to the prosecution's formal offer of evidence

19. Order of Admission of evidence/Resting of case by the prosecution

(Prosecution PMFCR, Presentation-Motion-Formal Offer-Comment-Resting )

20. Demurrer to Evidence

21. Comment/Opposition to the Demurrer to evidence

22. Presentation of Defense Evidence

23. Formal Offer of Evidence for the Defense

24. Comment/Objection to the formal offer of evidence

25. Order of Admission of Evidence/ Resisting of the Case by the Defense

(Defense PFCR, Presentation-Formal Offer-Comment-Resting )

26. Rebuttal Evidence for the Prosecution

27. Sur-Rebuttal Evidence for the Defense

28. Memorandum/Oral Argument

29. Decision/Judgment

30. Motion for Reconsideration/New Trial or probation

31. Appeal

32. Service of Penalties/Sentence Execution of Civil Liability arising from the Commission of Crime

1 comment:

  1. This book presents a very good view on how criminal proceedings operates.

    ReplyDelete

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