draft chart

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



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



(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



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.

draft chart

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