Two different starts: inquest or preliminary investigation
A criminal case in Quezon City begins at the Office of the City Prosecutor of Quezon City, and which track you are on depends on whether you were arrested.
- INQUEST — you were arrested without a warrant. An inquest prosecutor reviews the legality of the arrest immediately. The police can only hold you for 12, 18, or 36 hours depending on the penalty for the offense before charges must be filed or you must be released; holding you beyond that is arbitrary detention. You may ask for a regular preliminary investigation instead, but that requires signing a waiver of Article 125, so it is a real trade-off to discuss with counsel.
- PRELIMINARY INVESTIGATION — you were not arrested and received a subpoena with the complaint-affidavit. You file a counter-affidavit within the period given. This is your best and cheapest opportunity to end the case, because the prosecutor may dismiss it for lack of probable cause before it ever reaches a court.
What to do in the first 48 hours
- Say nothing about the facts. You have the right to remain silent and to counsel, and any admission taken without counsel is inadmissible — but the practical damage of an explanation given at the station is hard to undo;
- Do not sign anything you have not read, and never a blank or partly filled form;
- Do not settle or apologise in writing or over chat — those become evidence;
- Preserve your own evidence now — CCTV is commonly overwritten within days, and chat logs get deleted;
- Get counsel before the counter-affidavit is due. The deadline is short and is rarely extended.
Bail
Bail is a constitutional right before conviction for all offenses except those punishable by reclusion perpetua when the evidence of guilt is strong — and even then, only after a bail hearing at which the prosecution must show the strength of its evidence. For bailable offenses the amount follows the bail bond guide, and the court may reduce it on motion considering the accused's financial ability, the weight of the evidence, and the risk of flight. Bail may be posted in cash, as a surety bond, as a property bond, or on recognizance where allowed.
Where the case is heard
Venue in criminal cases follows where the offense was committed, so a crime committed in Quezon City is tried in the Quezon City courts. Whether it goes to the Metropolitan Trial Court or the Regional Trial Court depends on the penalty prescribed for the offense. Some cases run a different route entirely: offenses within Katarungang Pambarangay require barangay conciliation first, and cyber-related offenses have their own venue rules.
Frequently asked
I was arrested in Quezon City. How long can they hold me?
Twelve, eighteen, or thirty-six hours depending on the penalty for the offense, after which charges must be filed or you must be released. Detention beyond that period may constitute arbitrary detention.
I received a subpoena from the Quezon City Prosecutor. What do I do?
You are under preliminary investigation and must file a counter-affidavit within the period given. This is the best opportunity to have the case dismissed for lack of probable cause before it reaches a court, so get counsel before the deadline.
Should I explain my side to the police?
No. You have the right to remain silent and to counsel. Give no statement about the facts and sign nothing you have not read until you have spoken with a lawyer.
Am I entitled to bail?
Bail is a matter of right before conviction except for offenses punishable by reclusion perpetua where the evidence of guilt is strong, and even then only after a bail hearing. It may be posted in cash, surety, property, or on recognizance where allowed.
Which Quezon City court will hear the case?
Venue follows where the offense was committed, so a Quezon City offense is tried in Quezon City. Whether it is the Metropolitan Trial Court or the Regional Trial Court depends on the penalty prescribed for the offense.