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    Criminal Case Filing Process

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    Justin Sim Yadan
    The criminal case filing process in the Philippines involves several steps: 1) Report any crime or felony to the barangay and police authorities to obtain necessary documents like a police blotter. Seek medical attention if injured to obtain a medical report as evidence. 2) Hire a good Philippine lawyer to draft a complaint affidavit with all the necessary facts and evidence to file with the city prosecutor. 3) A preliminary investigation is then conducted where the accused can submit counter affidavits and a resolution is made on whether there is probable cause to file charges. 4) If probable cause is found, an information is filed in court and an arrest warrant may be issued. The case will proceed to trial

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    Criminal Case Filing Process

    Uploaded by

    Justin Sim Yadan
    19 views8 pages
    The criminal case filing process in the Philippines involves several steps: 1) Report any crime or felony to the barangay and police authorities to obtain necessary documents like a police blotter. Seek medical attention if injured to obtain a medical report as evidence. 2) Hire a good Philippine lawyer to draft a complaint affidavit with all the necessary facts and evidence to file with the city prosecutor. 3) A preliminary investigation is then conducted where the accused can submit counter affidavits and a resolution is made on whether there is probable cause to file charges. 4) If probable cause is found, an information is filed in court and an arrest warrant may be issued. The case will proceed to trial

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    The criminal case filing process in the Philippines involves several steps: 1) Report any crime or felony to the barangay and police authorities to obtain necessary documents like a police blotter. Seek medical attention if injured to obtain a medical report as evidence. 2) Hire a good Philippine lawyer to draft a complaint affidavit with all the necessary facts and evidence to file with the city prosecutor. 3) A preliminary investigation is then conducted where the accused can submit counter affidavits and a resolution is made on whether there is probable cause to file charges. 4) If probable cause is found, an information is filed in court and an arrest warrant may be issued. The case will proceed to trial

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    19 views8 pages

    Criminal Case Filing Process

    Uploaded by

    Justin Sim Yadan
    The criminal case filing process in the Philippines involves several steps: 1) Report any crime or felony to the barangay and police authorities to obtain necessary documents like a police blotter. Seek medical attention if injured to obtain a medical report as evidence. 2) Hire a good Philippine lawyer to draft a complaint affidavit with all the necessary facts and evidence to file with the city prosecutor. 3) A preliminary investigation is then conducted where the accused can submit counter affidavits and a resolution is made on whether there is probable cause to file charges. 4) If probable cause is found, an information is filed in court and an arrest warrant may be issued. The case will proceed to trial

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 8

    Criminal Case Filing

    Process
    Technical English 2
    Criminal Case Filing Process

    If you are a victim of crime or felony in the Philippines, it is wise to


    report the crime or felony with the barangay and police authorities.
    Thereafter, you must secure a barangay blotter and police blotter or report
    so that you may use them as evidences. If you sustained injuries, go to a
    government hospital to have yourself checked out. The medical report of
    said hospital will be very useful to prove your physical injuries. In addition,
    ask someone to take photographs of your injuries as proof.
    Criminal Case Filing Process
    To enable you to properly lodge a criminal complaint, it is
    of foremost concern that you secure the 
    services of a good and efficient Philippine lawyer, attorney o
    r law firm
    . As you will need to file a Complaint-Affidavit with the Office of
    the City Prosecutor where the crime was committed, it is
    necessary to have your facts straight and evidences in check. A
    good criminal lawyer will draft a Complaint-Affidavit which will
    prove all the elements of the crime or felony.
    Criminal Case Filing Process

    After filing your Complaint-Affidavit, the Office of the City


    Prosecutor will issue a subpoena against the accused, requiring
    him to appear on a certain date and time to submit his Counter-
    Affidavit. Thereafter, you may file a Reply-Affidavit to controvert
    the new issues he raised. In the same vein, the accused may file
    a Rejoinder-Affidavit.
    Criminal Case Filing Process

    This process is known as preliminary investigation. Preliminary


    investigation is an inquiry or proceeding to determine whether there is sufficient
    ground to engender a well-founded belief that a crime has been committed and
    the respondent is probably guilty thereof, and should be held for trial. This is a
    crucial stage in criminal proceedings because the prosecutor will have to
    determine whether there is sufficient ground to file an information in court
    against the perpetrator. That is why you need to seek expert 
    legal advice and engage the services of Philippine criminal prosecution
    lawyers or attorneys to ensure that your criminal complaint is strong and can
    prove the elements of the crime.
    Criminal Case Filing Process

    If there are no sufficient grounds, then the prosecutor will


    dismiss the case. As such, the 
    criminal complaint will not be filed in court. Your criminal
    lawyer may file a Motion for Reconsideration with the City
    Prosecutor. If the Motion is denied, you may seek remedy from
    the Department of Justice.
    Criminal Case Filing Process

    If the prosecutor finds probable cause, he will issue a


    resolution spelling out the reasons for such finding. The
    prosecutor will correspondingly file an information in court, with
    the recommended bail. If the judge in the pertinent court finds
    sufficient grounds, he shall issue a warrant of arrest. Except for
    certain crimes punishable by reclusion perpetua, when evidence
    of guilt is strong, the accused may post bail.
    Criminal Case Filing Process

    Trial will thereafter ensue. It must be emphasized that criminal cases


     are offenses committed against the state. Thus, the prosecutor or fiscal will
    be the one prosecuting the criminal case. However, he may be assisted by
    private prosecutors. In view of the known fact that prosecutors are laden
    with heavy work load, it is best to secure your own private lawyer in the
    Philippines who can give your concerns the appropriate attention and detail.

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