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SUMMARY

IN CRIMINAL CASES
PROCEDURE
a. Traffic laws, rules and regulations
b. Rental law
c. Municipal or city ordinances
d. All other criminal offenses punished by:
I < 6mo
F < 1k
(or both)
e. Damage to property due to criminal negligence <10k

 Complaint, or
FILING  Information
- MM& other chartered cities
EXCEPT when offense cannot be
prosecuted DE OFICIO

DISMISSAL SET FOR


ARRAIGNMENT Accompanied by:
Affidavits of complainant &
witnesses plus 2 copies for
the court’s files

What may be done: POS


 Consider allowing the accused to enter a
plea of guilty to a lesser offense
o Any admission should be reduced into PRELIMINARY
writing & signed by the accused & his  Affidavits earlier submitted shall
counsel, OR ELSE it cannot be used CONFERENCE constitute their direct testimonies;
against him thus, ACTUAL DIRECT
 Other matters to clarify issue & insure EXAMINATION OF WITNESS IS
speedy disposition NOT REQUIRED
 Entering into a stipulation of facts  Witness may be subject to CROSS-
o Failure or refusal to stipulate shall EXAMINATION, RE-DIRECT
NOT prejudice the accused EXAMINATION or RE-CROSS
EXAMINATION
TRIAL  Should witness FAIL TO TESTIFY,
affidavit shall NOT be considered
competent evidence
 Court is mandated NOT to order the
arrest of the accused EXCEPT
where the ground is failure to
Not later than 30d appear when required by court
after termination of o When arrested, may be released
trial on BAIL or RECOGNIZANCE

JUDGMENT

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