Lantin, John Lester C.

JD 2-3
Remedies in Criminal Procedure Prosecutor Queruben R. Garcia

COMMISSION OF CRIME

Filing of complaint Warrantless Arrest

Ask for Preliminary Investigation/ Post
bail/ File criminal complaint under Article
125 if delay in release

Preliminary
Investigation by Inquest Proceedings
Prosecutor by Prosecutor

Send to City/
Finding of Probable Finding of Probable
Provincial/ State
Cause by Prosecutor Cause by Prosecutor
Prosecutor or
Ombudsman
DISMISSAL BY
INVESTIGATING
PROSECUTOR
Disapproved by City/ Approved by City/
Provincial/ State Provincial/ State
Prosecutor or Prosecutor or
Ombudsman Ombudsman

If non-bailable, file Petition for Review to Aggrieved party in the

Office of the President. If bailable, file resolution of the may
Petition for Certiorari under Rule 65 file a petition for
before CA. review in the DOJ

DOJ does not find DOJ approved finding

probable cause of probable cause

FILING OF
INFORMATION

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Lantin, John Lester C. JD 2-3
Remedies in Criminal Procedure Prosecutor Queruben R. Garcia

FILING OF INFORMATION

File Motion to Quash on the

DISMISSAL BY grounds under Section 3 Rule 117
COURT if defect in the information Issuance of Warrant of Arrest
or Court Order

File Motion to Quash Arrest

Warrant if no probable cause
Aggrieved party appeals against
the order of issuance of warrant
of arrest

Appellate court
found probable Appellate court does not find
cause probable cause

Appeal to higher courts

Preventive Petition for

Detention Bail

Affirm issuance of warrant of arrest

Accused may refuse to enter plea/ File for

motion for preliminary investigation
within five days / File petition for certiorari ARRAIGNMENT
under Rule 65

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Lantin, John Lester C. JD 2-3
Remedies in Criminal Procedure Prosecutor Queruben R. Garcia

ARRAIGNMENT

Plea of Not Guilty or

Plea of Guilty
Refusal to Plead

Presentation of Evidence
to Determine Pre-Trial
Voluntariness of Plea and
Degree of Culpability

Trial
File Demurrer of Evidence
after prosecution rest its case

Judgment

ACQUITTAL Conviction

File for attachment

Motion for
JUDGMENT BECOMES
Reconsideration or New
FINAL AND EXECUTORY
Trial

APPEAL TO HIGHER If MR, appeal to higher courts.

COURTS If new trial, proceed back to
trial proper.

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