Amendment Before plea -Formal (merely relates to the range of penalty
(leave of without going over) court not -Substantial (changes the nature of the offense, or required) requires accused to present more burdensome evidence)
Amendment After plea - Formal amendments only
with leave of court Amendment Before plea 1. Motion by the prosecution to 2. With notice to the offended party downgrade 3. With leave of court the offense or to exclude and accused Amendment After plea With leave of court by reason of supervening fact Substitution Before If it appears at any time before judgment that a (remedy of judgment mistake has been committed in charging the o.p) offense and the accused cannot be convicted of the crime, the court shall dismiss the case and allow the filing of a new one Reservation At any time -but always under circumstances affording the of right to before the offended party a reasonable opportunity to make file a prosecution such reservation separate civil starts action presenting (remedy of evidence o.p) Motion for Civil action may be consolidated with the criminal consolidation action, upon motion of the offended party in the (remedy of court trying the case the o.p) Motion for At any time If there is a prejudicial question suspension before Where: prosecution In the prosecutors office if still undergoing PI, rests But if it is already filed in court, in the court Motion to Before Absence or irregularity in the conduct of a suspend entering a preliminary investigation hearing and plea conduct a preliminary investigation (remedy of a)
Demand that Within 5 Remedy of an accused if a case is filed against him
a PI be days from in court without a PI conducted the time he -five day period is mandatory (remedy of learns of -if no case has yet been filed in court, accused has a) the filing of to waive his right under Art. 125 in writing and in an the presence of his counsel information against him MTC will If he finds probably cause but accused does not issue need to be under custody, provided: summons 1. Offense does not require p.i. instead of a 2. There is probable cause warrant of 3. No necessity of placing the accused under arrest immediate custody Commitment If a person is lawfully arrested without a warrant order and he is already under their custody Lifetime of a May be Until recalled by the court or served warrant of indefinitely arrest enforced Habeas If no case A person is arrested and detained and he claims corpus has yet that his arrest is illegal and his detention is unlawful been filed Motion to If a case has A person is arrested and detained and he claims quash on the already that his arrest is illegal and his detention is unlawful ground that been filed the court has no jurisdiction over the person of the accused Motion to To reduce bail reduce bail (remedy of a) Motion for In cases with a penalty of d, rp, or li, and the bail or prosecution recommends no bail. application If a motion for bail is filed, then the court will to be conduct a summary hearing. It is incumbent upon released on the prosecution to show that the guilt of the bail accused is strong. Court with resolve within 48 (remedy of hours. a) Withdraw At any time improvident before plea judgment of conviction becomes final Motion to At any time Except FJED, because it may be set up anytime, quash before even after plea accused enters a plea Enter a plea If the court denies the motion to quash and go to trial, and if convicted, appeal the judgment of conviction and assign as one of the errors the denial of the MT Remedy of If the MTQ was granted by the court the Allowed in: prosecution F,C,M,L is to amend Facts charged the Does not substantially conform complaint or More than one offense information If Legal excuse or justification the defect is one that can be cured by amendment Remedy of If MTQ is granted the Allowed if the court has no jurisdiction over the prosecution offense is to refile the complaint or information Remedy of If MTQ is granted the Allowed in: prosecution Criminal action has been extinguished would be to Double jeopardy appeal from the order granting the MTQ File a motion Within one Offenses punishable by imprisonment not exceeding to revive the year, or six years or a fine of any amount, or both, criminal case Within two Offenses punishable by imprisonment of more than (remedy of years six years o.p) Take If the witness is too sick, or infirm, or has to leave conditional the Philippines with no definite date of return examination Defense witness: may be taken before a judge or a of the notary public witness Prosecution witness: may be taken before the court where the case is pending Present the If accused was included in the information or certification complaint despite him being accepted into the of admission witness protection program to the -the court will then discharge him on that ground witness protection program (remedy of a) Demurrer to After The court may dismiss the case on insufficiency of evidence prosecution evidence on its own motion after giving the rests prosecution an opportunity to be heard, or upon a demurrer to evidence filed by the accused with or without leave of court Appeal If the judge made a mistake in relying on a certain law Petition for If petitioner is seeking to nullify or set aside the certiorari judgment Accused Within 15 To regain the remedies he lost for failing to appear must days from during promulgation surrender promulgatio He must explain why he failed to appear at the himself to n promulgation the court, If granted, he may avail of the remedies within 15 and file a days from the notice of the order granting his motion for motion leave to avail of the remedies Motion for At any time 1. Errors of law or irregularities prejudicial to the new trial before a substantial rights of the accused committed judgment of during the trial conviction 2. New and material evidence which could not becomes be discovered and produced at the trial and final which if introduced and admitted would probably change the judgment Motion for At any time Errors of law or fact in the judgment, which requires reconsiderati before a no further proceeding. on judgment of conviction becomes final
The Philippine American Life and General Insurance Company, Petitioner, V. The Secretary of Finance and The Commissioner of Internal Revenue, Respondents. Full Text