General Information Flashcards
WHAT TO DO NEXT?
- complaint affidavit
- file at Prosecutor’s office
- preliminary investigation
- resolution by Prosecutor
- information filed at court
- arraignment
- trial proper
- promulgation of judgment
COMPLAINT AFFIDAVIT
except in cases of inflagrante delicto, this is a narration of what happened, an inquest from the police
FILE AT PROSECUTOR’S OFFICE
filing: venue v. jurisdiction
- venue = where the crime was committed/ transpired
- jurisdiction = determined by the allegation asserted in the complaint affidavit
- MTC/ MCTC, RTC, CA, SC (Padre Faura St. Manila)
PRELIMINARY INVESTIGATION
prosecutorial determination of probable cause
no probable cause = case dismissed
RESOLUTION BY PROSECUTOR
PEOPLE V. SURNAME = crime against the state
INFORMATION FILED AT COURT
- information = contains all circumstances of allegations against the accused
- court determination of probable cause
- warrant of arrest = only for purposes of arraignment
- file bail = pending trial, does not imply guilt
- no bail = file a motion to admit bail
ARRAIGNMENT
- guilty = no more trial, proceed to sentencing
- criminal defendant is informed of all allegations against him
- showing mitigating circumstances = lowering of penalty imposed
TRIAL PROPER
- prosecution presents evidence first
DEMURRER TO EVIDENCE
- court may dismiss action due to insufficiency of evidence
- rebutt whatever is presented by the prosecution
- if permission to leave court is denied = last chance to appeal decision and present your evidence
PROOF BEYOND REASONABLE DOUBT
quantum of evidencce required in a criminal case, proof close to absolute certainty
FORMAL OFFER OF EVIDENCE
- prosecution = after last witness, give the reason as to why the evidence is being offered
- defendant’s turn to present
PROMULGATION OF JUDGMENT
- accused must be present or else tantamount to a waiver of remedies available
- a chance to appeal
SEARCH WARRANT
venue to be searched on does not necessarily have to be filed under the same jurisdiction
