file:crimpro_part2_i.htm

PART TWO

PROCEDURE IN
SANDIGANBAYAN

I.   STAGES IN CRIMINAL CASES

1. Filing of the Information after preliminary investigation
conducted by the Office of the Ombudsman.

2. Judicial determination of probable cause to be
determined by the Justices concerned.

2.1 If the Court finds the existence of probable
cause, the Court shall cause the issuance of Warrant of Arrest and
Hold-departure Order against the accused, the first through the Chairman only,
the second by Division – that is three (3) Justices signing the order;

2.2 In some cases, the Court directs the Office
of the Clerk of Court to schedule a hearing on the Information notifying only
the prosecution (anent said hearing the Court may call the attention of the
prosecution and to direct it to file a necessary pleading why the case should
not be dismissed for lack of jurisdiction, why the information should not be
quashed, why the accused should not be granted bail if the Office of the
Ombudsman recommends no bail but the offense as seen by the Court is bailable);

2.3 Possible Motion to Amend Information filed by
the prosecution.

3. Arrest/Voluntary Surrender of the accused

4. Posting of Bail

4.1 Possible motion for reinvestigation filed by
accused. (alleging that accused was deprived of his/her right to file a motion
for reconsideration before the Office of the Ombudsman on the latter’s
resolution/decision as mandated by Section 27 of the Ombudsman Act of 1989).

4.2 Possible Motion to Withdraw Information/To
Quash Information/Motion to Dismiss even if Motion for Re-Investigation is
denied and/or granted.

5. Arraignment and plea

5.1 Possible filing of a Motion to Suspend
accused Pendente Lite by the prosecution.

5.2 Possible Motion to Travel Abroad filed by the
accused.

5.2.1 The court will require certain conditions
in the event said motion is granted such as posting of additional travel cash
bond, conformity of the bondsmen if any, etc.

5.2.2 In some cases where accused files a Motion
to Travel Abroad before his/her arraignment, the Court, during the hearing on
the said Motion shall conduct/require a conditional arraignment of the accused
if the case is pending re-investigation so that in the event the accused
fails/refuses to return in the country, the court may opt to conduct a trial in
absentia.

5.2.3 Possible Motion for Consolidation, if
applicable.

6. Pre-trial

6.1 Submission of Joint stipulation of facts.

6.2 Issuance of Pre-Trial Inquest (Sec. 6 Rule
VI)

6.3 Pre-Trial Order reciting the actions and/or
proceedings taken and the alteration of presentation of evidence if warranted.

7. Trial

7.1 Prosecution presents evidence and rests case.

7.2 Possible filing of Demurrer to
Evidence/Motion to Dismiss.

7.3 Presentation of defense evidence if Demurrer
to Evidence/Motion to Dismiss is denied.

8. Judgment (Decision)

9. New Trial or Reconsideration

10. Appeal – Petition for Review for Certiorari
under Rule 45