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    How To File A Criminal Case

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    joelhermitt
    To file a criminal case in the Philippines, a victim must first report the crime to the barangay and police to obtain necessary documentation. They should also obtain medical reports if injured. Hiring a competent Filipino criminal lawyer is important to properly file a complaint affidavit with the city prosecutor's office and prove the crime's elements. The prosecutor will investigate and either file charges or dismiss the case. If charges are filed, the case proceeds to trial prosecuted by the state, though a private prosecutor can assist. It is best for victims to secure their own lawyer due to prosecutors' heavy workloads.

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    How To File A Criminal Case

    Uploaded by

    joelhermitt
    178 views2 pages
    To file a criminal case in the Philippines, a victim must first report the crime to the barangay and police to obtain necessary documentation. They should also obtain medical reports if injured. Hiring a competent Filipino criminal lawyer is important to properly file a complaint affidavit with the city prosecutor's office and prove the crime's elements. The prosecutor will investigate and either file charges or dismiss the case. If charges are filed, the case proceeds to trial prosecuted by the state, though a private prosecutor can assist. It is best for victims to secure their own lawyer due to prosecutors' heavy workloads.

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    How to File a Criminal Case

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    To file a criminal case in the Philippines, a victim must first report the crime to the barangay and police to obtain necessary documentation. They should also obtain medical reports if injured. Hiring a competent Filipino criminal lawyer is important to properly file a complaint affidavit with the city prosecutor's office and prove the crime's elements. The prosecutor will investigate and either file charges or dismiss the case. If charges are filed, the case proceeds to trial prosecuted by the state, though a private prosecutor can assist. It is best for victims to secure their own lawyer due to prosecutors' heavy workloads.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    178 views2 pages

    How To File A Criminal Case

    Uploaded by

    joelhermitt
    To file a criminal case in the Philippines, a victim must first report the crime to the barangay and police to obtain necessary documentation. They should also obtain medical reports if injured. Hiring a competent Filipino criminal lawyer is important to properly file a complaint affidavit with the city prosecutor's office and prove the crime's elements. The prosecutor will investigate and either file charges or dismiss the case. If charges are filed, the case proceeds to trial prosecuted by the state, though a private prosecutor can assist. It is best for victims to secure their own lawyer due to prosecutors' heavy workloads.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
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    How to File a Criminal Case

    How to File a Criminal Case in the


    Philippines
    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.

    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 or 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.

    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 Rejpinder-Affidavit.

    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.

    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.

    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.
    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.

    If you need help in filing and prosecuting a criminal case against someone in the Philippines,
    visit our website www.ndvlaw.com. Our Philippine criminal prosecution lawyers and paralegals
    may be able to help you achieve criminal justice.

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