IF CONTINUING CRIME OCCURS, THE CASE CAN BE FILED OF
ANY PLACE THAT THE ELEMENTS OF THE CRIME THAT TOOK
PLACE
Public Prosecutor (Department of Justice)/ Fiscal
-ENSURES THE ACCUSED IS CONVICTED
ESTAFA requires docket fees
"Bail"
Metropolitan Trial Courts - MeTC
Municipal Trial Courts in Cities – MTCC (located in cities)
Municipal Circuit Trial Courts – MCTC (located in
municipality and can take in other neighboring
municipalities)
SANDIGANBAYANPersonal Laws
are filed in
SHARIA’AH DISTRICT COURTS
Sangguniang pangbayan PARA MUNICIPAL
sangguniang panlungsod PARA SYUDAD
personal property - movable
real property - immovable
forcible entry – illegal from the start to end
unlawful detainer – legal from start illegal to end
purchased value is not the basis involving real property because
assessed value will only be the basis
Salary Grade 27 = 128,696
RULE 110 - 127
DOCTRINE OF NON-INTERFERENCE
DONTRINE OF JUDICIAL STABILITY
public prosecutor
private prosecutor
Alibi
"Probable cause"
Complaint-Affidavit
penalty at least 4 years, 2 months, and 1 day of imprisonment
preliminary investigation – is to determine probable cause
subpoena
"Respondent"
Accused
"Counter-affidavit"
Warrant of Arrest
"Regular filing"
Public prosecutor – Resolution
1. determine no probable cause dismiss the complaint
2. there is probable cause and file the information to the court
Private complainant can refile if there is new evidence rather than the same set of evidence
Public prosecutor represents the state and on behalf of Private complainant also becomes witness
Respondent becomes the accused when information is sent to court
Respondent - Accused
PP vs. Name of the Accused
PROVISION ON INQUEST - - determine validity of warrantless arrest ------12/ 18/ 36 hours
Section 7 - Inquest (penalty is at least 4 years, 2 months, and 1 day)
determine the validity of the warrantless arrest "inquest" - warrantless arrests



inflagrante delicto (caught in the act)
hot pursuit
escapee
then file an information if determined valid but if invalid, the person will be released
PRELIMENARY INVESTIGATION IF REQUESTED BY ACCUSED PROVIDED WAIVER FOR ARTICLE 125
INQUEST REQUIREMENT:
4 YEARS, 2 MONTHS AND 1 DAY
WARANTLESS ARREST
DIRETSO FILE INFORMATION TO COURT IF THE PENALTY IS LESS THAN 4 YEARS 2 MONTHS AND 1 DAY
"regular filing" legal parlance
Commitment Order – Mittimus (CONVICTED) - Regional Prison (BUCOR) - district jail (BJMP)
(pending trial) - regional prison police station - district jail
waiver
CRIMINAL CASE - proof of guilt beyond reasonable doubt
CIVIL CASE - preponderance of evidence
ONLY OFFENDED SPOUSE CAN FILE A CASE
BOTH THE GUILTY SPOUSE AND PARAMOUR MUST BE INCLUDED
IF GUILTY SPOUSE AND OFFENDED SPOUSE MAKES LOVE AGAIN WILL MAKE THE CASE DISMISSED
UNLESS OFFENDED PARTY WAIVES CIVIL ACTION
Arraignment; Pre-trial (plea-bargaining); For purposes identification; promulgation
Bench Warrant
FIRST LEVEL COURT BEFORE OR AFTER CONVICTED
IF CONVICTED IN FIRST LEVEL COURT THEN CASE IS RAISED TO RTC (IT WILL STILL BE HIS OR HER RIGHT)
NOT RECLUSION PERPETUA, DEATH OR LIFE IMPORSONMENT (BAIL IS NOT A MATTER OF RIGHT)
(1) before or after conviction by the first level court (2) before conviction by RTC
BAIL IS A MATTER OF RIGHT OR DISCRETIONARY IF PENALTY IS MORE THAN 6 YEARS BUT NO PRESENCE
OF ENUMERATION
Provisional dismissal
Dismissal - with prejudice
PLEA BARGAIN
RA 9165
DDE DRUG DEPENDENCY EXAM must be complied
ORDER OF TRIAL:
(1) Prosecution - evidence-in-chief
(2) Defense - evidence-in-chief
submitted for resolution" (court’s discretion)
3) Prosecution - rebuttal evidence
(4) Defense - sur-rebuttal evidence
IF DEFENSE HAVE
"reverse trial"
"Memoranda/ Memorandum" (MEANING THE CASE IS SUBJECT FOR DECISION)
ACCUSED SWITCHED AND BECAME A STATE WITNESS
PROSECTION MUST REQUEST FOR TESTIMONY OF ACCUSED
Provisional Dismissal
revive
appeal
dispositive portion