draft chart
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7/27/2019 Draft Chart
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Filing of Complaint Affidavit
(the investigating prosecutor has 10 days to decide, whether)
[to dismiss the complaint] [to issue subpoena]
(If issued / If not issued)
The investigation office
shall resolve the
complaint based on the
evidence presented by
the complaint
Police Investigation Complaint
Office of the City
Prosecutor
Arrest w/o warrant
Determination of
Probable Cause
. dismissal and release of
he apprehended indivualYes.
Apprehended individualdelivered to the nearest
police station
Conduct Inquest by City
Prosecutor
Filing of Information
7/27/2019 Draft Chart
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Respondent shall have the right to
examine the evidence submitted by
the complainant
If respondent did not submit a counter affidavit
Submission of counter affidavit
which includes, affidavits of witnesses,
other documents, which must be subscribe
and sworn.
( within 10 days from receipt of subpoena)
(the complainant may file reply – affidavit)
(the respondent may rebut, through rejoinder - affidavit
Clarificatory Hearing (within 10 days from the expiration of the period of their submission)
Determination of Probable cause
Resolution / certification of preliminary investigation
(forwarding to the provincial, state or chief prosecutor of the records)
If approved by the provincial,
state or chief prosecutor
Filing of Information
If dismissed, but disapprove by the provincial ,
state or chief prosecutorArrest WarrantSearch and Seizure
Warrant
7/27/2019 Draft Chart
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(DOJ –AM 453)
the aggrieved party may file M.R.
(15 days form the receipt of assailed reso)
Granted
If denied
the aggrieved party may file an Appeal to Secretary of Justice
(15 days upon receipt of resolution or M.R.) (DOJ Circular 70)
filing comment
filing of verified comment
Decision of Secretary of Justice
If dismissed if granted
other dissimissal of the
case or filing of
information
filing of M.R.
(Denied)
Existence of Probable
Cause to be determined
by presiding Judge.
Yes No
Arrest/ Search and
Seizure WarrantNo
Warra
Signed by the presiding
Judge and issued to the
designated Chief of
Police and/or Police
Officers
Conducting of Arrest,
Search and Seizure
7/27/2019 Draft Chart
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if non bailable if bailable
file Petition for review
to office of the president
(15 days from receipt of denial A.M. 58)
if denied
if denied
M.R. from receipt of decision
If denied if denied
Petition for review under Rule 43
before the Court of Appeals
If denied
M.R. (Rule 52)
If denied
Petition for Review on certiorari under Rule 45 before Supreme Court
If denied if denied
(M.R. 152)M.R. 52
Petition for certiorari under rule 65
before C.A.
M.R. (52)
Petition for Review on Certiorari rule
45 before S.C.
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