Stages in Criminal Procedure

 

CRIMINAL PROCEDURE

FIRST (1ST) STAGE

-REFERRAL TO THE BARANGAY

ARREST W/O WARRANT

 ARREST WITHOUT WITHOUT WARRANT WARRANT

-INQUEST PROCEEDINGS

FILLING OF INFORMATION

RELEASE

FOR

FUTHER

PROCEEDINGS

SECOND (2ND) STAGE

-FILING OF COMPLAINT WITH THE DOJ/ OFFICE OF THE REGIONAL/ CITY PROSECUTOR/ OFFICE OF THE OMBUDSMAN FOR THE CONDUCT OF PRELIMINARY INVESTIGATION

THIRD (3RD) STAGE

RAFFLE OF THE CASE TO THE  ASSIGNED  ASSIGN ED INVESTIGA INVESTIGATING TING PROSECU PROSECUTOR TOR FOR PRELIMINARY INVESTIGATION

FOURTH (4TH) STAGE

 

ISSUANCE OF SUBPOENA/ ORDER

FIFTH (5TH) STAGE

-PRELIMINARY INVESTIGATION

Filing of Affidavit- Complaint

Filing of Counter- Affidavit

Filing of Reply- Affidavit

Filing of Rejoinder- Affidavit

SIXTH (6TH) STAGE

Resolution of the Office of the Provincial/ City Prosecutor/ Office of the Ombudsman in Prel Prelim imin inar ar Inve Invest stii atio ation n

SEVENTH (7TH) STAGE

Motion for Reconsideration

EIGHT (8TH) STAGE

 Appeal to the DOJ DOJ by way of Petition for Review

-In case of denial of the petition for  Review with the DOJ aggrieved party may file a motion for reconsideration

 

-Certiorari under Rule 65 with the Court of   Appeals or appeal appeal to the Office Office of the the President   -Petition for review on Certiorari with the Supreme Court under Rule 45

NINTH (9TH) STAGE

Filing of Criminal Information Sandiganbayan/ RTC/ MTC

TENTH (10TH) STAGE

Issuance of Warrant of Arrest

ELEVENTH (11TH) STAGE

-Motion to suspend

-Petition for bail motion

Proceedings

to reduce bail

-Motion to Quash

- Motion to conduct preliminary

Warrant of arrest

investigation and/ or   reinvestigation

-Motion to determine probable cause

-In case of denial of the motion for  re-investigation party may file a motion for reconsideration -In case of denial party may file a petition for Certiorari and prohibition under Rule 65 -Petition for Review on Certiorari under Rule 45 with the Supreme Court

 

TWELVETH (12TH) STAGE

Motion to Quash

THIRTEENTH (13TH) STAGE

 Arraignment  Arraign ment and Plea

-Suspension of Arraignment -Plea to a lesser offense -Plea to Non-Capital offense -Production and inspection of 

FOURTEENTH (14TH) STAGE

Pre- trial stage/ Preliminary conference

FIFTEENTH (15TH) STAGE

Presentation of Prosecution’s evidence

SIXTEENTH (16TH) STAGE

Motion to suspend proceedings based on Pre-judicial Question

SEVENTEENTH (17TH) STAGE

Formal Offer of Evidence

EIGHTEENTH (18TH) STAGE

Comment/ Opposition to the Prosecution’s Formal Offer of Exhibits NINETEENTH (19TH) STAGE

Order of Admission of Evidence/ Resting of case by the Prosecution

 

TWENTIETH (20TH) STAGE

Demurrer to Evidence

TWENTY FIRST (21ST) STAGE

Comment/ Opposition to the Demurrer to Evidence

TWENTY SECOND (22ND) STAGE

Presentation of Defense Evidence

-Presentation of Defense Evidence -Order of Trial -Order of Examination of Witnesses

-Direct Examination -Cross Examination -Re-direct Examination -Re-cross Examination

TWENTY THIRD (23RD) STAGE

Formal Offer of Evidence for  The Defense

TWENTY-FOURTH (24TH) STAGE

Comment/ Opposition to the Defense Formal Offer of Evidence

TWENTY FIFTH (25TH) STAGE

Order of Admission of Evidence/ Rest Re stin in of the the cas case e b the the Def Defen ense se

TWENTY SIXTH (26TH) STAGE

Rebuttal Evidence for the Prosecution

 

TWENTY SEVENTH (27TH) STAGE

Sur- Rebuttal Evidence

TWENTY EIGHT (28TH) STAGE

Memorandum/ Oral Argument

TWENTY NINTH (29TH) STAGE

Decision/ Judgment

THIRTIETH (30TH) STAGE

Motion for Reconsideration/ New Trial or Probation

THIRTY FIRST (31ST) STAGE

 Appeal

THIRTY SECOND (32ND) STAGE

-Execution of Civil Liability by

-Service of Sentence