Case is archived.

No Return after 6 months

from the issuance/accused
cannot be located

NO

Was the accused

arrested or has
YES
voluntarily
surrendered?

Commission of an offense

Warrantless Arrest

Issuance of Warrant of Arrest Motion to Quash By Written Motion; Pleaded

In Metropolitan Manila and in (only if the case requires arrest of the Warrant of Arrest charge must be a lesser offense
Chartered Cities, such cases shall accused) and necessary included in the
FILING be commenced only by information, offense charged
DISMISS
except when the offense cannot be
the case outright and order the release of the
prosecuted de officio.
YES Inquest Proceeding
accused if in custody
Did the accused
(See Section 12. Duty of the Court). Is there a plea Pleads to a lesser offense
NO made an YES YES
COMPLAINT INFORMATION bargain? (Respondent/Accused)
appearance?
See Sec. 11.
How commenced

The complaint shall be accompanied The complaint shall be accompanied The court shall arraign the accused on the
by: by: Is the case patently without HEARING
NO NO original charge and enter his or her plea in
basis or merit? (with Court's approval)
1. Affidavit of the complainant AND 1. Affidavit of the complainant AND
the record.

2. Affidavits of his WITNESSES NOTICE OF ARRAIGNMENT

2. Affidavits of his WITNESSES

in such number of copies as there are in such number of copies as there are
accused plus two (2) copies for the. accused plus two (2) copies for the.
If accused was released through bail, file
court's files. court's files. DETERMINATION OF PROBABLE CAUSE NO
If this requirement is not complied Motion to Cancel Bail (Complainant)
If this requirement is not complied
with within five (5) days from date of with within five (5) days from date of
filing, the case may be dismissed. (Upon a consideration of the complaint or information Motion to suspend proceedings on the
filing, the case may be dismissed.
and the affidavits submitted by both parties) ground of a prejudicial question where a
Deny Prohibited Mot ions
civil case was filed prior to the criminal
IF COMMENCED case under Sec. ll(b), Rule 116
Motion to Amend Complaint
BY COMPLAINT
(without leave of court)
Motion to Amend Complaint (with
Is the accused
See Sec. 22. Applicability of the YES ARRAIGNMENT leave of Court) (Complainant)
regular rules. detained?
Motion to withdraw
information, or to
ISSUE AN ORDER SUBMISSION OF COUNTER- Motion to suspend arraignment on the
downgrade the charge in the
which shall require the accused AFFIDAVIT and the ground of an unsound inental condition
original information, or to
to submit his COUNTER- AFFIDAVITS of his witnesses as under Sec. ll(a), Rule 116;
exclude an accused
Determination of the court if the case falls under AFFIDAVIT and the well as any evidence in his
originally charged therein,
Summary Procedure AFFIDAVITS of his witnesses as behalf
filed by the
How was the case IF COMMENCED BY well as any evidence in his COURT SHALL SET THE CASE
prosecution as a result of a Is there a cause or JUDGMENT: Accused will
commenced? INFORMATION behalf Copies thereof shall be served to the FOR ARRAIGNMENT AND TRIAL Did the accused
reinvestigation, ground to hold the YES YES be sentenced: Guilty as
complainant or prosecutor not later than plead his guilt?
The order is issued together with copies of ten (10) days from the receipt of said order.
reconsideration, and review accused for trial? (See Section 13. Arraignment and Trial). charged.
the affidavits and other eivdence submitted
by the prosecution. (Submission must be within 15 calendar
days)
See Section 2. Determination of applicability

NO Motion for Immediate NO Not Guilty / No Plea (silent)

Release (Respondent/Accused)

See Sec. 22. Applicability of the regular rules.

The prosecution may file reply
affidavits within ten (10) days after COURT SHALL ORDER THE DISMISSAL OF
Criminal Cases under Summary Procedure:
receipt of the counter-affidavits of THE CASE
the defense. PRE-TRIAL CONFERENCE
(1) Violations of traffic laws rules and regulations;
(See Section 13. Arraignment and Trial).
Initiatory Summary Order for Release of
(2) Violations of the rental law; the Detained Accused (unless there are
Motion to Admit Late Judicial other causes for his continued detention)
(3) Violations of municipal or city ordinances Affidavits (Complainant/ Conference and Mediation (for
committed within their respective territorial Issuance of a Pre-Trial Order
Respondent or Accused) mediable cases only)
jurisdictions;
See Sec. 22. Applicability of the
(4) Violations of B.P. 22 or the Bouncing Checks Law regular rules. Writ of Habeas Corpus (Respondent/ Resolution of
Accused) Schedule: the Petition to
(5) All other criminal cases where the penalty (If there is Violation of Art. 125) Monday - Thursday Assignment of a mediator
Bail that was
prescribed by law for the offense charged is Call time:
Motion to Quash the 8:30 AM
filed after the
imprisonment not exceeding six months, or a fine not When Rule Shall Not Apply: 2:00 PM filing of the
Information (Respondent/
exceeding one thousand pesos (P1,000.00), or both, information.
Accused)
irrespective of other imposable penalties, accessory This Rule shall not apply to a criminal case where the
or otherwise, or of the civil liability arising offense charged us necessarily related to another Motion for Postponement (Complainant/
Judgment upon compromise
TRIAL
See Sec. 22. Applicability of the Must indicate that complainant
therefrom: Provided, however, that in offenses criminal case subject to the ordinary procedure. Accused) NO Is the case settled? YES
regular rules.
(Civil aspect) will withdraw the case
involving damage to property through criminal
negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos
(P10,000.00).
This Rule shall not apply to a civil case where the Move for the provisional/
plaintiff’s cause of action is pleaded in the same permanent dismissal of the case
Presentation of Evidence (Prosecution)
complaint with another cause of action subject to the (Respondent/Accused)
ordinary procedure; nor to a criminal case where the
offense charged is necessarily related to another
criminal case subject to the ordinary procedure.”
Direct, Cross, Re-direct,
Re-cross Examination
(see Section 1. Scope, A.M. No. 00-11-01-SC, March 25, 2003 PROVISIONAL DISMISSAL
Did the prosecutor
RE: Amendment of the Revised Rule on Summary Procedure of YES (Accused Consented, must appear
Criminal Cases) consents?
during hearing of the Motion)

Oral Offer of Evidence

NO
Move for leave of court to file
a demurrer to evidence. Defendant's Comments
PERMANENT DISMISSAL (Failure
Can be in pleading or oral to prosecute/violation of Right to
Speedy Trial)
Remedy: Tender of
Sustained
excluded evidence
Court Orally resolves the offer of evidence
of Prosecution
Overruled Evidence admitted

Presentation of Evidence of the Accused

Subrebuttal (Accused)

Direct, Cross, re-direct, Re-cross

YES (within 15 calendar days) (within 30 calendar days)

Oral Offer of Evidence

Oral Comments from the Public

Prosecutor
Court Orally resolves the offer of evidence
of Prosecution
Does the prosecution
present rebuttal evidence?
NO JUDGMENT

Motion for
Acquittal Conviction Execution of
Judgement

Within 15 days from

No action within
promulgation of
15 calendar
days from date judgement
of judgement Motion for
Appeal Pobration/Apply for
Community Service

Judgment becomes
final and executory
Filing a Notice of Appeal
with Proof of Payment
of the appeal fees

Motion for Execution

Judgement of the RTC
of Judgement Waiver of Notice shall be final, executory
and unappealable