Documente Academic
Documente Profesional
Documente Cultură
1. Petition for review - filed with the Department of Justice, the Regional State
Prosecutor’s office, or the Office of the President, if the prosecutor has
committed manifest error or grave abuse of discretion during the preliminary
investigation. Period of suspension of arraignment must not exceed sixty days
from the filing of the petition for review.
Already a prohibited pleading if filed beyond the five (5)-day reglementary period
in inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is
required under Sec. 8, Rule 112, or allowed in inquest proceedings and the accused
failed to participate in the preliminary investigation despite due notice.
3. Motion for a bill of particulars (Rule 116, Section 10) - specifies alleged
defects of the complaint or information and requests details that will enable the
accused to plead properly to the charge against him and to adequately prepare
for trial.
4. Motion for suspension of arraignment - may be filed on the ground that the
accused appears to be suffering from an unsound mental condition that
effectively renders him unable to fully understand the charge against him and to
plead intelligently. In such a case, the court orders a mental examination of the
accused and if necessary, his confinement. Another ground is when the court
finds the existence of a valid prejudicial question (for example, a void first
marriage in bigamy cases). Section 11, Rule 116:
Sec. 11. Suspension of arraignment. – Upon motion by the proper
party, the arraignment shall be suspended in the following cases:
Won’t make any substantial effect to the case filed against the accused unless
used in connection with Section 14, Rule 126.
If there is clear showing that there is no evidence or proof linking the commission
of the crime to the accused, the case may be dismissed without the need of a full-blown
trial.
8. Motion for judicial determination of probable cause.
With respect to the instant case, said Motion is already declared a prohibited
motion pursuant to A.M. No.15-06-10-SC otherwise known as the Revised Guidelines
For Continuous Trial of Criminal Cases.