Criminal\nProcedure: _class:style2 motion to quash: childrenDirection:down grounds: not constitute offense no juris. offense no juris. person office filed no authority not conform to prescribed form more than one offense charged crim liability extinguished contains averments constituting legal excuse double jeopardy not waived: facts charged not constitute an offense no jurisdiction over the offense action or liability extinguished double jeopardy jurisdiction: childrenDirection:down MTC: offenses not exceeding 6\nyears imprisonment not more than P4000 fine violation of city, municipal ordinances damage to property through criminal negligence BP22 summary procure: traffic laws not exceeding 6 months or not exceeding P1000 damage to property where fine not exceeding P10000 ..qualified by cases falling under\nRTC and the Sandiganbayan barangay conciliation: less than 4 years, 2 months, 1 day RTC: exclusive original over all criminal cases\nexcept in MTC and Sandiganbayan\nmore than 6 years appellate jurisdiction over MTC under specific laws written defamation comprehensive dangerous drug act violation of intellectual property rights sandiganbayan: _class:style2 exclusive and original: RA 3019 RA 1379 salary grade 27\nenumerated offiercs offenses and felonies\nin relation to office civil and criminal cases\nEO 1,2,14,14-a preliminary investigation: childrenDirection:down at least 4 years, 2 months, 1 day if not required:\n1. file complaint MTC, MTCC\n2. or Office of prosecutor: manila and chartered cities\n.. file with office of prosecutor bail: direction:left _class:style2 Sec 13. Article III Consti presumption of innonce excessive bail guarantee appearance matter of right MTC RTC before conviction not death, reclusion perpetua\life imprisonment matter of discretion before conviction in RTC and death, reclusion, life and evidence of guilt is strong matter of denial RTC, d,r,l, guilt is strong, or after conviction RTC, after conviction, exceeding 6 years and: recidivist, quasi-recidivist,\nhabitual delinquent, reiteration escaped, violated bail conditions committed offense while on probation,\nparole or conditional pardon indication of flight undue risk civil action: direction:left deemed instituted\nunless waived, reserved,\ninstituted prior independent civil actions new node prosecution: direction:left childrenDirection:down private prosectutor\neven without public..\n1. heavy workload\n2. lack of public prosec: authorization in writing from Chief of Prosecution Office\nor Regioanl State Prosecutor approved by the court private crimes: childrenDirection:down adulter and concubinage seduction, abduction, acts of lasciviousness RA 7610 defamation consisting of imputation\nof offense of adultery, concubinage.. direction and control complaint: direction:left childrenDirection:down sworn written statement charging with an offense subscribed by:: 1. offended party; or 2. peace officer; or 3. public officer charged with\nenforcement of law violated information: direction:left written statement subscribed by prosecutor substitution: direction:left amendment before plea no leave leave of court (even before plea) if: downgrades excludes one of the accused motion by prosecutor, notice to offended after plea formal leave of court must not prejudice rights substantial not allowed substitution: mistake in the charging the proper offense must not put accused in double jeopardy demurrer to evidence: direction:left with leave motion for leave (with 5 days from rest) if granted, file the demurrer within 10 if demurrer granted ~ acquittal if denied, adduce evidence without leave if demurrer granted ~ acquittal if denied, waives right to adduce evidence judgment: variance: offense proved is different from charged convicted with the offense proved offense charged is necessarily included in offsense proved or necessisarily includes offense proved essential elements or ingredients if accused fails to appear in promulgation without just cause loses his remedies unless surrender motion for leave to avail of remedies new trial (grounds): errors of law irregularities prejudicial to substantial rights new and material evidence discovered after the trial diligence probably change the judgment effect ~ set aside, taken anew, allow new evidence reconsideration errors of law which requires no further proceedings errors of fact which requires no further proceedings effects ~ set aside, new judgment rendered appeal notice of appeal within 15 days provisional remedy (attachment): about to abscond crime founded upon a claim of property embezzled concealed, removed, disposed, about to accused resides outside