file:crimpro_part1_ivb.htm

B. For Cases
Cognizable By The Regional Trial Courts

Checklist
I

Things
To Do Upon Receipt Of Complaint Or Information Up To Issuance Of The Warrant Of
Arrest

1. Check if, on the face of the information/complaint, the court has jurisdiction
over the case; otherwise, dismiss it and order the release of the accused if
under detention insofar as the case is concerned.

2. Check if a claim for damages other than actual alleged in the
information/complaint, and if in the affirmative, ascertain whether appropriate
filing/docket fee for said claim has been paid to the clerk of court. If the
requisite filing/docket fees have not been paid at the time of the filing of
the information/complaint, issue an order to the offended party to pay the
requisite filing/docket fees within a reasonable time.

3. If accused is detained, issue a commitment/detention order to the
warden/jailers; if the accused is at large, issue a warrant for his/her arrest,
in accordance with the succeeding steps.

4. When warrant of arrest may issue

Within ten (10) days from the filing of the complaint or information, the
judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case if the evidence on
record clearly fails to establish probable cause. If he finds probable cause,
he shall issue a warrant of arrest, or a commitment order if the accused has
already been arrested pursuant to a warrant issued by the judge who conducted
the preliminary investigation or when the Complaint or Information was filed
pursuant to section 7 of the Rule. In case of doubt on the existence of
probable cause, the judge may order the prosecutor to present additional
evidence within five (5) days from notice and the issue must be resolved by the
court within thirty (30) days from the filing of the complaint of information.

5. If not satisfied upon the filing of information/complaint that probable
cause exists, order the prosecutor to submit the records of the case and if
based thereon, there is probable cause, issue a warrant of arrest. Otherwise,
dismiss the case.

6. If the charge is bailable, fix the amount of bail either in the
commitment/detention order or warrant of arrest.

Checklist II

Incidents After
Issuance Of Warrant Of Arrest Or Commitment Order

1. Once the accused is arrested or otherwise taken into custody, issue a
commitment order and set the case for arraignment.

2. When the accused is under preventive detention, his/her case shall be
raffled and its records transmitted to the judge to whom the case was raffled
within three (3) days from the filing of the information or complaint. The
accused shall be arraigned within ten (10) days from the date of the raffle.
The pre-trial conference shall be held within ten (10) days after arraignment.115

3. Unless a shorter period is provided by special law or Supreme Court
circular, the arraignment shall be held within thirty (30) days from the date
the court acquires jurisdiction over the person of the accused. The time of the
pendency of a motion to quash or for a bill of particulars or other causes
justifying suspension of the arraignment shall be excluded in computing the
period.116

4. If there is failure to execute the warrant of arrest or no report is made
within ten (10) days from receipt of the warrant by the executing officer,
issue an alias arrest warrant and order the archiving of the case, furnishing a
copy of the said order to the complainant.

5. If bail is a matter of right, and the accused files bail,
ascertain if all the requirements for the bail are complied with, as follows:

5.1 Cash Bond

5.1.1 The official receipt or certificate of
deposit of the amount of bail fixed by the court who filed the
information/complaint, issued by the government officer concerned, is attached
to records of the case.

5.1.2 The written undertaking, executed by the
accused containing all the conditions contained in Section 2 of Rule 114 of the
Revised Rules on Criminal Procedure, as amended, is attached to the records of
the case.

5.2 Corporate Surety

5.2.1 Photocopy of the Certification issued by
the Supreme Court, accompanied by the photocopies of receipts of payment by the
surety company of the requisite fees to the Supreme Court is attached to the
bond.

5.2.2 Certificate of the Clerk of Court of the
Regional Trial Court where the case is filed and pending showing that the
bonding company does not have any pending obligations/liabilities to the
government, consisting of writs of execution and/or confiscated bonds in
criminal cases and that bonding company was issued a Certificate of Authority
by the Insurance Commission and presently updating its obligation.

5.2.3 Certificate of Authority issued by the
Insurance Commission.

5.3 Property Bond

5.3.1 Affidavit of surety/ sureties taken before
the judge or submitted to the judge, stating therein that each of the sureties
possesses the qualifications as provided for in Section 12 of Rule 114 of
the 2000 Rules on Criminal Procedure and describing the property offered
as bond for the accused, the nature of the title of the property, the
encumbrances thereon, the number and amount of other bonds entered into by
him/them and remaining undischarged, and his/her/their other liabilities, if
any.

5.3.2 Owner’s duplicate of the original Certificate
of Title of the surety/sureties covering the property offered as bond, if
registered under the Torrens system or, the Owner’s copy of the declaration of
Real Property, if unregistered.

5.3.3 Certificates of Payment of Realty Taxes on
the property offered as bond. If the property is sufficient, and the requisite
affidavit is submitted to the court, approve the bond and order the accused to
cause the annotation of the lien, within ten (10) days from the receipt by the
accused of the court, at the back of the title to the property, if registered,
or in the Registration Book, if unregistered, and on the corresponding tax
declaration in the Office of the Provincial and Municipal Assessor concerned.

Upon compliance by the accused of order of the court, issue an order
releasing the accused from detention.

6. In either case, the accused should submit photographs (passport size)
taken within the last six (6) months showing the face, the left and right
profiles of the accused and attached to the records, and the written
undertaking containing the conditions set forth in Section 2 of Rule 114 of
the 2000 Rules on Criminal Procedure, as amended.

7. If the accused fails to comply with the order of the court for the
annotation of the lien and for the registration of the annotation, cancel the
property bond.

8. If the accused applies for release on recognizance, set the hearing of
the application and give reasonable notice of the hearing to the prosecutor
with the requirement to submit the comment and recommendation in the
application.

8.1 Definition of Recognizance

An obligation of record, entered into before some
court or magistrate duly authorized to take it, with the condition to do some
particular act, the most usual condition in criminal cases being the appearance
of the accused for trial; a contract between the sureties and the State for the
production of the principal at the required time.117

8.2 Recognizance may be allowed in the following
instances:

8.2.1 The charge against the accused is for
violation of a municipal or city ordinance, a light felony and/or a criminal
offense prescribed penalty for which is not higher than six (6) months
imprisonment and/or a fine of Php 2,000, or both, provided the accused has
established, to the satisfaction of the court, the inability to post the
required cash or bail bond.

8.2.2 When the accused has been in custody for a
period equal to or more than the possible maximum imprisonment of the offense
charged to which he/she may be sentenced. However, if the maximum penalty to
which the accused is sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment.

8.2.3 At the discretion of the Court, if the
accused has been in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged, without applying the
Indeterminate Sentence Law or any modifying circumstances.

8.2.4 At the discretion of the court, and, upon
recommendation of the Department of Social Welfare and Development (DSWD) or
other agency or agencies, if the accused is a youthful offender over nine (9)
but under eighteen (18) years at the same time of the commission of the offense
charged, in which case, the accused may be released on his/her own cognizance
or to the custody of his/her parents or of a suitable person who shall be
punishable for the appearance of the accused when required.

9. Where the accused is charged with a capital offense which, under the law
at the time of the application for bail is punishable by death or reclusion
perpetua, and the accused files an application for bail, give reasonable
notice of the hearing to the prosecutor or require him to submit his/her
recommendation.

10. If the prosecutor, where bail is a matter of discretion, objects to the
application of the accused for bail, hold in abeyance resolution of the
application until the arraignment of the accused.

11. If the case is not dismissed and the accused is under arrest, order the
Branch Clerk of Court to schedule the arraignment of the accused with notice to
the complainant.