Stages of criminal proceedings o.

Prosecution
i. Formal offer of exhibits
1. Act or omission punishable by the RPC or by a special ii. Tender of excluded evidence
penal law (indispensable requirement) p. Accused files demurrer to evidence
2. Victim files a complaint q. Accused
3. Barangay conciliation aspect r. Promulgation
with compromise without compromise - GR: withiin 90 days
agreement agreement - EXC: 15 days for drug cases
- The matter is - barangay will issue a
s. If acquitted = end of the case for the accused
disposed as early as certificate to file an
because double jeopardy now sets in
this stage action through a
complaint-affidavit If convicted = accused may file:
4. with preliminary investigation: i. MR or MNT  appeal
a. file a complaint-affidavit before the prosecutor’s
office without preliminary investigation:
b. prosecutor determines whether or not to the - File directly with the court
dismiss the case but as a general rule, he subpoenas Cases that do not require preliminary
respondent investigation
c. respondent has 10 days to file a counter-affidavit
extendible once for another 10 days
Q: At this stage, if respondent wants to Complaint
compromise
or settle, can he do so? - It is a statement in writing charging a person with an
A: civil aspect – yes offense.
criminal aspect – it depends - It must be subscribed by any of the persons specified:
d. reply-affidavit i. Offended party
e. rejoinder affidavit ii. Any peace officer
f. sur-rejoinder iii. Other public officer charged with the
g. prosecutor prepares the resolution on whether or enforecement of the law violated
not there is probable cause - Sworn (through a jurat- ACVS)
- remedies of the aggrieved party: Information
i. MR which must be verified because you are
questioning the existence of probable cause - It is an accusation in writing charging a person with an
ii. Petition for review with the DOJ Secretary offense subscribed by the prosecutor and filed with the
h. Information will be filed in court court
i. Case will be raffled - There must be a certification by the investigating
j. Judge determines the existence of probable cause prosecutor containing:
for purposes of issuing a warrant of arrest (if the i. That preliminary investigation was
accused is not yet in custody) conducted
k. Accused may: ii. That the respondent has probably committed
i. Motion to quash information the crime
ii. Suspension of (still designated as respondent as the case has
iii. Apply for bail not been filed in court yet)
l. Arraignment iii. That based on the affidavit there is probable
- Must be done within 30 days cause
- EXC: 15 days for drug related cases - Need not be sworn because the prosecutor filing the
m. Pre-trial information is already under the oath of his office
- Components:
i. Preliminary conference (marking) Sufficiency of complaint and information
ii. Mediation (Judicial Dispute Resolution) a. Names of the accused
Cases that are non-mediatable include: b. Designation of the offense given by the statute
- drug cases (where plea bargaining is not c. Acts or omissions complained of constituting an
allowed) offense
- VAWC d. Name of the offended party
n. Trial
e. Approximate date of the commission of the offense
Reverse trial
f. Place where the offense was committed
- one where it is the accused that presents
evidence first which happens when the accused Test for sufficiency:
pleads guilty but presents a lawful defense
Whether or not the crime is described in intelligible terms a. He fails to object upon his arraignment or during
with such particularity as to apprise the accused with trial and he voluntarily entered a plea and
reasonable certainty, of the offense charged (because the participated during the trial
purpose of the complaint or information is to enable the
accused to suitably prepare for his defense). However, evidence presented during the trial can cure the
defect in the information.
The sufficiency of an information may be assailed but this
is not absolute. The accused is deemed to have waived such
if:
Complaint-affidavit

Republic of the Philippines )

City of _______________ ) S.S.

x------------------------------------x

COMPLAINT-AFFIDAVIT

I, X, of legal age, single, Filipino, and a resident of 123 Street, Barangay, Town, Philippines, do hereby state under oath that:
1. (Factual circumstances) I am (position, designation or whatever)
2. (Factual allegations to show violation or defense) I hereby accus Y, of legal age, single, Filipino, and a resident of 123
Street, Barangay, Town, Philippines, of violating (state the law violated) committed against me when he (state the act
or omission constituting the offense)
3. (attachments if there are any)

(date), (place)

(signature)

SUBSCRIBED AND SWORN to before me this ______ day of _____ at _____________. I HEREBY CERTIIFY that I have
personally examined the herein offeded party and I am satisfied that they voluntarily executed and understood their given affidavit.

_____________

Prosecutor
Land Registration cases
- Nature:
a. Judicial proceeding
- Instances:
1. Ordinary land registration
i. Petition for reconstitution
ii. Petition for issuance of owner’s duplicate title
2. Cadastral proceedings
- Initiated by the government
- It is where public land is converted to:
i. Alienable(disposable)
ii. Patrimonial property
b. Administrative proceeding
- For free patent applications
- DENR  Land Registration Authority (issuance of OCT/TCT which copies may be original or an owner’s
duplicate.

Petition for issuance of owner’s duplicate title Petition for reconstitution

- Petition for the replacement of lost or destroyed - Petition for original certificates on file with the
owner’s duplicate certificates of title Register of Deeds that got lost or destroyed (the title
- PD 1529, Section 109 will be reproduced in the exactly the same way it was
- Filed in the RTC where the real property is situated at the time of its loss or destruction; any change should
- May be filed with the MTC but only in delegated be the subject of a separate suit)// OCT or TCT
cadastral proceedings - RA 26 as amended by PD 1529, Section 110
- There is no requirement for the publication of the - The court shall cause a notice of the petition to be
petition for replacement of lost or destroyed published at the expense of the petitioner, twice in
certificate under here successive issues of the Official Gazette and to be
- Mere affidavit of loss attached to the petition without posted on the main entrance of the municipal or city
previous notice to the RD of the fact of loss is building at least 30 days prior to the date of hearing.
insufficient Notice must also be mailed to every person named in
the notice whose address is not known. (failure to
comply with all of these will nullify the reconstitution)
(Petition for issuance of Owner’s Duplicate Title)

Republic of the Philippines

National Capital Judicial region
Regional Trial Court
Branch 1, Manila

In the matter of: PETITION FOR ISSUANCE For: issuance of ODCT

OF DUPLICATE OWNER’S COPY OF
OCT/TCT OF TITLE NO. 123 IN LIEU OF
THE LOST ONE
At the _______

Mr. X,
petitioner,
-versus-
Registry of Deeds, persons with adverse claims,
respondent.
x------------------------x

1. Petitioner’s personal circumstances;

2. Respondent RD of (PLACE WHERE THE PROPERTY IS AND IS REGISTERED) is a government agency mandated by law to
register and safey keep titles;
3. Petitioner is the: (registered owner, or a person interested, or is authorized by the registered owner) of a parcel of land situated in
(PLACE), with an area of ________ more or less, covered by TCT No. _____, particluary described as:
________(INSERT TECHNICAL DESCRIPTION HERE)______
4. That Mr. X has the possession of the TCT;
5. That on or about _______ it was (LOST/DESTROYED) because of (WHAT CAUSED SUCH);
6. That Mr. X tried to recover it but cannot find the TCT;
7. That Mr. X exceuted an affidavit of loss attesting to the loss of the TCT with the Registry of Deeds, a copy of which is attached as
Annex “A”;
8. That the affidavit of loss is registered before the Registry of Deeds as evidenced by entry number _________;
9. That the subject property was never encumbered and the taxes due on it have all been paid;
10. That the petition is filed in good faith;
PRAYER
Petitioner respectfully prays that the Registry of Deeds be made to issue an Owner’s Duplicate Certificate of Title under the
name of Mr. X.
Other just and equitable reliefs are also prayed for.
(PLACE, DATE)
(SIGNED BY COUNSEL)
(DETAILS OF COUNSEL)

VERIFICATION AND CERTIFICATION AGAINST NON-FORUM SHOPPING

I, Mr. X, of legal age, after having been duly sworn in accordance with law, deposes and states that:
1. I am the plaintiff in the above-entitled case;
2. I caused the preparation of the complaint;
3. I read it and the allegations therein are true and correct to the best of my knowledge and belief and based on authentic records;
4. I certify that I have not commenced any action ro filed any claim involving the same issues before any other court, tribunal or
quasi-judicial agency;
5. To the best of my knowledge there is no such pending action or claim;
6. If I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report it within 5 days
therefrom to this Honorable court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this (DATE) day of (MONTH), (YEAR) at (PLACE).
SGD
X
AFFIANT
 SUBSCRIBED AND SWORNTO before me in the city of ____________ on this day of ______ , affiant exhibiting before
me his (COMPETENT FORM OF IDENTITY) issued on _______ at ________.
SGD
ATTY. A
Notary Public
Roll. No.
IBP No., place, date
PTR No. place, date
MCLE Compliance No.

Petition for reconstitution

- Same
- EXC:
 Title: PETITION FOR RECONSTITUTION
 Parties: implead as respodnents
i. RD
ii. Land registration Authority
iii. Persons with adverse claims
 Facts of the law:
i. must be about the registry of deeds because it is the copy that is with them that got lost or destroyed
ii. as attachement, certification by RD of the loss or destruction (not sure, no mention of it under the
law, but the affidavit of loss in the previous form would no longer suffice as it was the RD that lost
it)