file:crimpro_part1_iva.htm

4.  PROCEDURAL CHECKLISTS ON CRIMINAL
PROCEDURE

1. For Cases Cognizable By The Municipal Trial
Courts

Checklist I

Things To
Check/Do Upon Receipt Of Complaint Or Information

1. Check if the offense charged is within court’s jurisdiction.

2. If the offense is not within the court’s jurisdiction, dismiss
complaint/information, unless the complaint presents a case for preliminary
investigation by the Municipal Trial Court.

When Case is for
Preliminary Investigation

1. When the case is for preliminary investigation by the Municipal Trial
Court, check the complaint as well as accompanying affidavits and other
supporting documents if there is ground to continue with the inquiry.

1.1 If there is no such ground, dismiss the
complaint.

1.2 If there is such ground, conduct preliminary
investigation following the procedure in Rule 112, Section 3.

2. Without waiting for the conclusion of the preliminary investigation, the
investigating judge may issue a warrant of arrest, after conducting an
examination under oath of the complainant and his/her witnesses in the form of
searching questions and answers to determine existence of probable cause and
the necessity of placing the respondent under immediate custody so as not to
frustrate the ends of justice.

Note: For purposes of issuing a warrant of arrest during preliminary
investigation, it is mandatory that an examination in writing and under oath by
searching questions and answers should be conducted by the investigating judge.111

2.1 If there is probable cause but no such
‘necessity,’ do not issue arrest warrant; only issue the subpoena to
respondent, attaching thereto a copy of the complaint, affidavits, and other
supporting documents with the directive to submit counter affidavits within ten
(10) days from receipt of order.

2.1.1 Illustrative case: Where no such
‘necessity’ exists

The issuance of warrant of arrest by the
Municipal Judge conducting preliminary investigation is left to his/her sound
judgment and discretion. The Supreme Court sustained Judge Samulde’s refusal to
issue an arrest warrant, holding that under the applicable rule, it is not
obligatory, but merely discretionary, upon the investigating judge to issue a
warrant for the arrest of the accused, for the determination of whether a
probable cause exists and whether it is necessary to arrest the accused in
order not to frustrate the ends of justice, is left to his/her sound judgment
or discretion. In this particular case, since the robbery charge was offshoot
of a boundary dispute between the two property owners, the investigating judge
did not believe there was any danger of the accused absconding before the
filing of the information against him by the fiscal, hence, he found no need to
place him under immediate custody.112

2.2 If, however, his/her findings and
recommendations are affirmed by the provincial fiscal or city prosecutor or by
the Ombudsman or his/her deputy, and the corresponding information is filed, he
shall issue a warrant of arrest.113

3. If there is possible cause and such ‘necessity’, issue arrest warrant.

When Case is
for Trial on the Merits

1. If the case presented by complaint or information is within the
jurisdiction of the Municipal Trial Court, check if case is for ‘summary
procedure’ or ‘regular procedure.’

1.1 Summary Procedure Cases

1.1.1 Make preliminary determination whether to
dismiss case outright for being patently without basis or merit or to require
further proceedings to be taken.

1.1.2 When further proceedings are required, set
the case for immediate arraignment of the accused who is under custody and if
he pleads not guilty, render judgment forthwith; if he pleads not guilty, he
shall be released without bail unless he is a recidivist, fugitive from
justice, is charged with physical injuries, does not reside in the place where
the violation of the law or ordinance was committed, or has no known residence.

1.2 Regular Procedure Cases

1.2.1 If the case is commenced by complaint or
information, the procedure in section 3 (a), Rule 112 shall be observed;

1.2.2 If within ten (10) days from the filing of
the complaint or information, the judge after evaluating the evidence or after
personally examining in writing and under oath the complainant and his/her
witnesses, the judge finds no probable cause he shall dismiss the case unless
it is deemed necessary to require submission of affidavits of witnesses to aid
him in arriving at the conclusion as to the existence of probable cause which
should be done within ten (10) days from notice.

1.2.3 If the case is commenced by complaint, the
court may either evaluate the supporting affidavits or personally examine in
writing and under oath the complainant and his/her witnesses in the form of
searching questions and answers to determine if there is probable cause; if
there is, issue arrest warrant; otherwise, dismiss the case outright.

1.2.4 The court may, however, opt not to issue a
warrant of arrest or a commitment order if the accused had already been
arrested, and hold him for trial. However, if the judge is satisfied that there
is no necessity for placing the accused under custody, he may issue a summons
instead of a warrant of arrest. This refers only to cases which do not require
preliminary investigation.114

1.2.5 ‘Searching Questions and
Answers’ means only, taking into consideration the purpose of the
preliminary examination which is to determine whether there is a reasonable
ground to believe that an offense has been committed and the accused is
probably guilty thereof so that a warrant of arrest may be issued and the accused
held for trial, such questions as have tendency to show the commission of a
crime and the perpetrator thereof. What would be searching questions would
depend on what is sought to be inquired into, such as: the nature of the
offense, the date, time, and the place of its commission, the possible motives
for its commission; the subject, his/her age, education, status, financial and
social circumstances, his/her attitude toward the investigation, social
attitudes, opportunities to commit the offense; the victim, his/her age,
status, family responsibilities, financial and social circumstances,
characteristics, etc. The points that are subject of inquiry may differ from
case to case. The questions, therefore, must to a great degree depend upon the
judge making the investigation.

1.2.6  Form of  Searching
Questions for Simple Theft

If the judge still finds no probable cause despite the additional evidence,
he shall, within ten (10) days from its submission or expiration of said
period, dismiss the case. When he finds probable cause, he shall issue a
warrant of arrest, or a commitment order if the accused had already been
arrested, and hold him for trial. However, if the judge is satisfied that there
is no necessity for placing the accused under custody, he may issue summons
instead of a warrant of arrest.

Checklist II

Things To Check/Do
After The Issuance Of Arrest Warrant And Before Trial Stage

1. If arrest warrant was properly released and a report has been properly submitted
but accused could not be apprehended for a considerable length of time, issue
alias arrest warrant and order for archiving of case.

1.1 If report is submitted with accused being
arrested and he does not post bail forthwith, issue corresponding commitment
pending trial and have it served on warden or head of the jail or place of
detention, along with the corresponding notice to produce the accused before
the court for arraignment on the date and time already fixed by the court.

1.2 In case of a summary procedure case and
accused is arrested under an arrest warrant issued for failure of accused to
appear when required (per second paragraph Section 10 of the Summary Rule), set
case for immediate arraignment, the warden or head of the jail or place of detention
likewise being served with corresponding commitment pending trial and notice to
produce the accused for arraignment before the court.

1.3 If accused files bail bond, cash bond
deposit, or recognizance, check sufficiency of documentation, particularly the
corresponding signatures on the requisite documents, and if in order, approve
it and issue corresponding release order for immediate service on officer
concerned.

2. At the scheduled arraignment, judge shall inform accused who appears
without counsel of his/her right to counsel and shall ask accused if he desires
to have one.

2.1 In proper cases, appoint counsel de oficio
for the accused who appears without counsel.

3. Arraignment must be in open court; accused must be furnished a copy of
the complaint or information; accused must be present at the arraignment and
plea must be made of record; if accused refuses to plead, or he makes a
conditional plea of guilty (e.g., entering a plea of guilt provided
the penalty to be meted shall only be a fine), then enter a plea of not guilty
for the accused.

4. If accused wants to plead guilty to lesser offense, both prosecutor and
offended party must consent thereto.

5. If accused pleads guilty, impose corresponding sentence, unless court
desires to receive evidence to determine penalty to be imposed, including civil
indemnity in the proper cases.

6. If the plea is not guilty, set case for trial.

7. After arraignment, as a measure to expedite the trial, where the accused
and counsel agree, conduct a pre-trial conference, without impairing the rights
of the accused, on the following matters, to wit: (a) plea bargaining; (b)
stipulation of facts; (c) marking for identification of parties evidence; (d)
waiver of objections to admissibility of evidence; and, (e) such other matters
as will promote a fair and expeditious trial.

7.1 After pre-trial, issue order reciting the
actions taken, the facts stipulated, and evidence marked.

7.2 Check if agreement/s or admission/s made
entered during pre-trial were properly reduced to writing and duly signed by
the parties charged and their counsel.