Where a Manila case is handled
A criminal case ordinarily starts with a complaint before the Office of the City Prosecutor of Manila, which conducts a preliminary investigation to decide whether there is probable cause. If you were arrested without a warrant, this becomes a faster, time-bound inquest instead. Once an information is filed, the case is tried before the Regional Trial Court of Manila or the city’s Metropolitan Trial Court, depending on the penalty. Manila’s density, universities, and commercial districts produce a high case volume across the full range of offenses, and its prosecutor’s office is one of the busiest in the country.
Bail: a matter of right in most cases
Bail is a matter of right before conviction for all offenses not punishable by reclusion perpetua or life imprisonment, and even for those graver offenses when the evidence of guilt is not strong, as determined at a bail hearing. It may be posted by corporate surety, property bond, cash deposit, or recognizance, and an excessive amount can be challenged.
What to do first
From the moment of arrest, say little and ask for counsel — statements taken without a lawyer are generally inadmissible, and any waiver is valid only in writing with a lawyer present. At preliminary investigation, the counter-affidavit frames your entire defense, so getting it right early can keep a weak case from ever reaching court.
Deadlines cut both ways
Crimes also prescribe. Our prescription calculator estimates the period, and prescription of crimes explains how the clock runs.
Elsewhere in Metro Manila
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Frequently asked
Where is my criminal case filed in Manila?
A complaint is filed with the Office of the City Prosecutor of Manila, which conducts the preliminary investigation. If you were arrested without a warrant it goes through inquest instead. Once the information is filed, the case is tried before the Regional Trial Court or the Metropolitan Trial Court of Manila, depending on the offense.
Is bail a matter of right?
In most cases, yes. Bail is a matter of right before conviction for offenses not punishable by reclusion perpetua or life imprisonment. For those graver offenses it is discretionary and granted only if, after a bail hearing, the court finds the evidence of guilt is not strong.
What is the difference between inquest and preliminary investigation?
A preliminary investigation is the prosecutor’s determination of probable cause when no arrest has been made, and it lets you file a counter-affidavit. An inquest is the faster proceeding used when someone is arrested without a warrant, to decide quickly whether the detention is lawful.
Do I need a lawyer at the preliminary investigation stage?
It is strongly advisable. The counter-affidavit you file at preliminary investigation frames your entire defense, and a weak or missing response can lead to an information being filed that could have been avoided.