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R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

JURISDICTION OF THE COURTS JURISDICTION OF THE SUPREME COURT 1. ORIGINAL jurisdiction over cases involving ambassadors, other public ministers and consuls; petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus (concurrent with RTC). 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in: a. Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, decree, proclamation, order, instruction, ordinance or regulation is in question; b. Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed thereto; c. Cases involving the jurisdiction of lower courts;
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher;

e. All cases in which only an error or question of law is involved. JURISDICTION OF THE COURT OF APPEALS 1. ORIGINAL jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction (concurrent with SC and RTCs) 2. EXCLUSIVE original jurisdiction over actions for annulment of judgments of RTCs. 3. EXCLUSIVE appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs and quasi-judicial agencies, bodies, or commissions, EXCEPT those which fall within the appellate jurisdiction of the SC, namely: a. COMELEC; b. Commission on Audit; c. Sandiganbayan. JURISDICTION OF THE REGIONAL TRIAL COURTS I. ORIGINAL A. CIVIL CASES 1. Cases where the subject of the litigation is incapable of pecuniary estimation;
2. Involving the title to, or possession of, real property, or any interest therein,

where the assessed value of the property involved exceeds P20,000/ P50,000, EXCEPT actions for forcible entry and unlawful detainer: 3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds P200,000/P400,000; 4. Probate proceedings, both testate and intestate, where the gross value of the estate P200,000/P400,000; 5. In all actions involving the contract of marriage and marital relations; 6. In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction; 7. In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and 8. In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs or the value of the property in controversy exceeds P200,000/P400,000;

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B. CRIMINAL CASES All criminal cases not within the exclusive jurisdiction of any court, tribunal, or body EXCEPT those within the jurisdiction of the Sandiganbayan, where the penalty exceeds 6 years imprisonment irrespective of fine, or if only a fine is imposable, exceeds P6,000, regardless of the amount of civil liability. Manzano vs. Valera R.A. 7691 places jurisdiction over criminal cases where the penalty is 6 years or less with the MTCs. Libel is punishable by prision correcional in its minimum and medium periods and prision correcional has a range from six months and one day to six years. ON the other hand, Art. 360 of the RPC gives jurisdiction over libel cases to the CFI (now RTC). The latter is a special law which must prevail over general laws. Moreover, from the provisions of R.A. 7691, there seems to be no manifest intent to repeal or alter the jurisdiction in libel cases. Thus, RTCs still have jurisdiction over libel cases. II. APPELLATE All cases decided by the lower courts (MTCs) in their respective territorial jurisdictions. NOTE: no trial de novo; case is decided on the basis of decision and supporting affidavits. JURISDICTION OF THE FAMILY COURTS (R.A. 8369) Family Courts shall have exclusive original jurisdiction to hear and decide the following cases: 1. Criminal cases where: a. One or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, OR b. One or more of the victims is a minor at the time of the commission of the offense. Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to the "Child and Youth Welfare Code"; 2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter; 3. Petitions for adoption of children and the revocation thereof; 4. Complaints [for]: a. Annulment of marriage b. Declaration of nullity of marriage c. Those relating to marital status and property relations of: i. Husband and wife OR ii. Those living together under different status and agreements, AND d. Petitions for dissolution of conjugal partnership of gains; 5. Petitions for support and/or acknowledgment; 6. Summary judicial proceedings brought under the provisions of the "Family Code of the Philippines"; 7. Petitions for: a. Declaration of status of children as i. Abandoned ii. Dependent OR iii. Neglected children

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b. Voluntary or involuntary commitment of children; c. The suspension, termination, or restoration of parental authority and other cases cognizable under "Child and Youth Welfare Code", Executive Order No. 56, (Series of 1986), and other related laws; 8. Petitions for the constitution of the family home; 9. Cases against minors cognizable under the Dangerous Drugs Act, as amended; 10. Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," as amended by Republic Act No. 7658; and 11. Cases of domestic violence against: a. Women Which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom of movement; AND b. Children Which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other conditions prejudicial to their development. If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties. If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court. Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as appeals from the ordinary Regional Trial Courts. JURISDICTION OF THE MUNICIPAL TRIAL COURTS, METROPOLITAN TRIAL COURTS CIRCUIT TRIAL COURTS A. CIVIL CASES
1. Civil actions and probate proceedings, testate and intestate, including the grant
AND THE

MUNICIPAL

of provisional remedies where the demand, exclusive of interest, damages, attorneys fees and costs, does not exceed P100,000/200,000.
2. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer;

issue of ownership resolved only to determine issue of possession. After lapse of 1 year, MTC loses jurisdiction, and case becomes one for recovery of possession de jure (accion publicicana), although MTC may still have jurisdiction if value of property does not exceed P20,000/50,000.
3. Actions involving personal property valued at not more than P100,000/200,000. 4. Actions involving title or possession of real property where the assessed value

doe not exceed P20,000/50,000.

5. Inclusion/exclusion of voters.

B. CRIMINAL JURISDICTION
1. Violations of city or municipal ordinances. 2. All offenses punishable with not more than 6 years imprisonment, irrespective of

fine, or a fine of not more than P6,000, regardless of civil liabilities and accessory penalties.

R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

SUMMARY PROCEDURE I. CASES APPLICABLE A. CIVIL CASES 1. All cases of forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals; without question of ownership; attorneys fees not exceeding P20,000 if quieting of ownership; resolved to determine question of possession. 2. Other civil cases EXCEPT probate proceedings, where the total amount of the claim does not exceed P10,000, exclusive of interest and cost. B. CRIMINAL CASES 1. Violation of traffic laws, rules, regulations 2. Violation of rental laws 3. Violations of city or municipality ordinances 4. All other criminal cases where the penalty does not exceed 6 months or a fine of P1000 or both 5. Damage to property through criminal negligence where the fine does not exceed P10,000. II. PROHIBITED PLEADINGS AND MOTIONS

1. Motion to dismiss or quash EXCEPT for lack of jurisdiction over subject matter or
failure to comply with Katarungang Pambarangay (LGC) requirements 2. Motion for bill of particulars 3. Motions for new trial, reconsideration, re-opening 4. Petition for relief from judgment 5. Motion for extension of time to file pleadings, affidavits 6. Memoranda 7. Petition for certiorari, mandamus, and prohibition against any interlocutory order issued by the court 8. Motion to declare defendant in default 9. Dilatory motion for postponement 10. Reply 11. Third-party complaints 12. Motion for intervention JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB) EXCLUSIVE jurisdiction over
1. Unsound real estate business practices 2. Claims involving refund and any other claims filed by subdivision lot or condominium

unit buyer against the project owner, developer, dealer, broker, or salesman
3. Cases involving specific performance of contractual and statutory obligations filed by

buyers of subdivision lots or condominium units against the owner, developer, dealer, broker, or salesman JURISDICTION OF THE KATARUNGANG PAMBARANGAY (UNDER THE LOCAL GOVERNMENT CODE OF 1991) 1. No complaint, petition, action or proceeding involving any matter within the authority of the lupon shall be filed or instituted directly in court or any other government office for adjudication, unless:

a. There has been a confrontation between the parties before the lupon chairman or
pangkat, AND

R E M E D I A L L AW ( J U R I S D I C T I O N A N D P R E L I M I N A R I E S ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 b. That no conciliation or settlement has been reached as certified by the
lupon/pangkat secretary as attested to by lupon chairman or pangkat chairman, or unless such settlement has been repudiated by the parties thereto 2. Disputes subject to Conciliation Requirement: All disputes between parties actually residing in the same city or municipality HOWEVER, the court in which non-criminal cases not falling within the authority of the Lupon may, at any time before trial, refer the case to the lupon for amicable settlement. 3. EXCEPTIONS TO CONCILIATION REQUIREMENT (SC Circular 14-93) a. Where one party is the government, or any subdivision or instrumentality thereof; b. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions;

c. Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;

d. Any complaint by or against corporations, partnerships or juridical entities, since

only individuals shall be parties to Barangay conciliation proceedings either as complainants or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);

e. Disputes involving parties who actually reside in barangays of different cities or

municipalities, EXCEPT: i. Where such barangay units adjoin each other, AND ii. The parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon; f. Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine over five thousand pesos (P5,000.00);

g. Offenses where there is no private offended party; h. Disputes where urgent legal action is necessary to prevent injustice from being committed or further continued, specifically the following: i. Criminal cases where accused is under police custody or detention; ii. Petitions for habeas corpus by a person illegally deprived of his rightful custody over another or a person illegally deprived of his liberty or one acting in his behalf; iii. Actions coupled with provisional remedies such as preliminary injunction, attachment, delivery of personal property and support during the pendency of the action; AND iv. Actions which may be barred by the Statute of Limitations. i. j. Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice; Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) (Sections. 46 & 47, R.A. 6657); (Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to certain offices of the Department of Labor and Employment); l. Actions to annul judgment upon a compromise, which may be filed directly in court.

k. Labor disputes or controversies arising from employer-employee relations

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4. VENUE OF PROCEEDINGS: Situation Parties reside in same barangay Parties reside in different barangays Venue That barangay Barangay where respondent, or any of the respondents, actually resides, at the option of the complainant

Disputes involving real property or interest Barangay where property is situated therein Disputes arising at the workplace where Barangay where such the contending parties are employed, or at institution is located the institution where such parties are enrolled for study workplace or

Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, they are deemed waived. Legal questions confronting the punong barangay which might arise in resolving such objections are to be submitted to the Secretary of the DOJ, whose ruling shall be binding. 5. EFFECT OF NON-COMPLIANCE: a. Dismissal upon motion of defendants for failure to state cause of action or prematurity; OR

b. Suspension of proceedings upon petition and referral of case motu proprio to

appropriate barangay authority. 6. PROCEDURE FOR AMICABLE SETTLEMENT: a. Complainant pays appropriate filing fees, and shall complain, orally or in writing, to the lupon chairman of the barangay;

b. Lupon chairman shall make attempts at mediation; if he fails within 15 days from
date of first meeting, he shall set a date for the constitution of a pangkat ng tagapagsundo (3 members; chosen by the parties from the list of the members of the lupon)

c. Pangkat shall have power to issue summons, and shall hear both parties and
their witnesses, and attempt to arrive at an amicable settlement. It shall arrive at said settlement or resolution of the dispute within 15 days from the day it convenes. During the period while the dispute is under mediation, the prescriptive periods for offenses, and for causes of action shall be interrupted upon filing of the complaint with the punong barangay. Said interruption shall not exceed 60 days from said filing. In all proceedings, parties must appear in person without the assistance of counsel or representatives, EXCEPT for minors and incompetents who may be assisted by their next-of-kin who are not lawyers. 7. Amicable settlement shall have the force and effect of a final judgment upon the expiration of 10 days from its date, unless: a. It is repudiated, or Repudiation must be done within 10 days, by filing a sworn statement with the lupon chairman; The grounds for repudiation are vitiation of consent by fraud, violence or intimidation; Such repudiation is a sufficient basis for the issuance of a certification for filing a complaint with the court. b. A petition to nullify the settlement is filed in the proper city or municipal court The above does not apply to cases not within jurisdiction of the lupon but submitted to it. In this case, the compromise agreed upon by the parties

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before the lupon/pangkat chair shall be submitted to the court and upon approval thereof, shall have the force and effect of a judgment of said court. 8. EXECUTION OF AMICABLE SETTLEMENT: a. Within 6 months from date of settlement: by the lupon. b. Thereafter, by action in the appropriate city of municipal court 9. CERTIFICATION OF BARANGAY AUTHORITIES (for filing a complaint in court) shall be issued only upon complying with the following requirements:

a. Issued by lupon secretary and attested by lupon chairman/ punong barangay,

that confrontation took place and conciliation settlement was reached, but subsequently repudiated.

b. Issued by pangkat secretary and attested by pangkat chairman, that:

i. There was a confrontation but no settlement; OR ii. There was no personal confrontation without any fault on the part of the complainant.

c. Issued by the Punong Barangay, as requested by the proper party, on the ground
of failure of settlement, where the dispute involves members of the same indigenous cultural community, which shall be settled in accordance with the customs and traditions of that particular cultural community, or where one or more of the parties to the aforesaid dispute belong to the minority and the parties mutually agreed to submit their dispute to the indigenous system of amicable settlement, and there has been no settlement as certified by the datu or tribal leader or elder, to the Punong Barangay of the place of settlement If mediation or conciliation proved unsuccessful before punong barangay there having been no agreement to conciliate, OR respondent failed to appear before punong barangay, Punong Barangay shall not issue the certification (because now mandatory for him to constitute the Pangkat before whom mediation, conciliation, or arbitration proceedings shall be held.) JURISDICTION OF THE SANDIGANBAYAN A. ORIGINAL 1. Violations of: a. Anti-Graft and Corrupt Practices Act; b. R.A. 1379 (An Act Declaring Forfeiture in Favor of the State of Any Property Found to Have Been Unlawfully Acquired By Any Public Officer or Employee and Providing for the Proceedings Therefor); or c. Title VII, Chapter II, 2 of the RPC (i.e., Articles 210-212 of RPC) Where one or more of the principal accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense: i. Officials of executive branch occupying positions classified as Grade 27 or higher

ii. Members of Congress and officials thereof classified as Grade 27 or higher iii. Members of the Judiciary, without prejudice to the provisions of the Constitution (on impeachment) iv. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution v. All other national and local officials classified as Grade 27 or higher; or 2. Other offenses or felonies, committed by public officials and employees mentioned in #1, in relation to their office, whether simple or complexed with other crimes

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3. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A. B. APPELLATE If none of the principal accused are occupying positions of grade 27 or higher, original jurisdiction will be with either the MTC or RTC; SB will exercise exclusive appellate jurisdiction on said cases. The procedure prescribed in BP Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals shall apply to appeals and petitions for review filed with the Sandiganbayan. C. NOTES: 1. Private individuals charged as co-principals, accomplices or accessories with the public officers or employees shall be tried jointly with said public officers and employees in the proper courts 2. Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability arising from the offense charged shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized. 3. Decisions of the Sandiganbayan: a. Appealable to the SC by petition for review on certiorari raising pure questions of law in accordance with Rule 45 of the Rules of Court; b. If SB imposes penalty of reclusion perpetua or higher, the decision shall be appealable to the SC by Notice of Appeal; c. If penalty imposed is death, review by the Supreme Court shall be automatic, whether or not the accused filed an appeal. REMEDIAL LAW DEFINITIONS/CONCEPTS JURISDICTION AND VENUE DIFFERENTIATED JURISDICTION Authority to hear and determine a case A matter of substantive law Fixed by law and cannot be conferred by the parties VENUE Court/place where the case is to be tried and heard A matter of procedural law May be conferred by the act or agreement of the parties

Establishes a relation between the court Establishes a relation between plaintiff and and subject matter defendant, or petitioner and respondent CLASSIFICATIONS OF JURISDICTION 1. General vs. Specific/Limited: General - power to adjudicate all controversies EXCEPT those expressly withheld from the plenary powers of the court Specific/Limited - restricted to particular cases and subject to such limitations as may be provided by the governing law 2. Original vs. Appellate Original power of the court to take judicial cognizance of a case instituted for judicial action for the first time Appellate authority of a court higher in rank to reexamine the final order or judgment of a lower court which tried the case now elevated for judicial review

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3. Exclusive vs. Concurrent Exclusive power to adjudicate a case or proceeding to the exclusion of all other courts at that stage Concurrent also known as confluent or coordinate jurisdiction; power conferred upon different courts, whether of the same or different ranks, to take cognizance at the same state of the same case NOTE: General Rule: Jurisdiction, once acquired, continues until the case is finally terminated. Exceptions: 1. 2. 3. When a subsequent law provides a prohibition for the continued exercise of jurisdiction; Where the law penalizing an act is punishable is repealed by a subsequent law; When accused is deprived of his constitutional right such as where the court fails to provide counsel for the accused who is unable to obtain one and does not intelligently waive his constitutional right; Where the statute expressly provides, or is construed to the effect that it intended to operate as to actions pending before its enactment; When the proceedings in the court acquiring jurisdiction is terminated, abandoned or declared void; Once appeal has been perfected.

4. 5. 6.

CLASSIFICATION OF ACTIONS 1. Real, personal and mixed Real brought for the protection of real rights, land, tenements, or one founded on privity of estate only Personal not founded upon the privity of real rights or real property Mixed brought for protection or recovery of real property and also for an award for damages sustained 2. In rem, in personam, and quasi in rem In rem not directed against particular persons but against the thing itself; object is to bar indifferently all who might be minded to make objection against the right sought to be enforced; hence, judgment is binding upon the whole world (e.g., land registration; special proceedings) In personam directed against particular persons on the basis of their personal liability to establish a claim against them; judgment is binding only upon the parties impleaded and their successors in interest (e.g., action for breach of contract) Quasi in rem directed against particular persons, but the purpose of which is to bar and bind not only said persons but any other person who claims any interest in the property or right subject of the suit (e.g. action for judicial foreclosure of mortgage) 3. Transitory vs. local Transitory one the venue of which depends generally upon the residence of the parties, regardless of where the cause of action arose (e.g., personal actions) Local one required by the Rules to be instituted in a particular place in the absence of an agreement to the contrary (e.g., real actions) KINDS OF PARTIES 1. Real party in interest person having an interest in the subject of the action and in obtaining the relief demanded.

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2. Indispensable party a person without whom no final determination can be had of an action. 3. Proper party a person who is not indispensable but should be included if complete relief is to be accorded as between those already parties. 4. Pro forma party a husband or wife who is required to be joined in suits by or against his spouse 5. Quasi-parties those in whose behalf a class or representative suit is brought; parties not initially/ formally impleaded as original parties but later bind themselves to comply with the terms of a judgment or compromise rendered therein. PLEADINGS Pleading written allegation of the parties of their respective claims and defenses submitted to the court for trial and judgment. KINDS OF PLEADINGS 1. COMPLAINT concise statement of the ultimate facts constituting the plaintiffs cause or causes of action. 2. ANSWER pleading where an adverse party sets forth negative and affirmative defenses upon which he relies.

a. Negative Defense specific denial of a fact alleged. b. Affirmative Defense an allegation of new matter which, though admits the
material allegations of the complaint, nevertheless prevents recovery. 3. COUNTERCLAIM any claim for money or other relief which a party may have against an opposing party.

a. Compulsory Counterclaim one arising out of or is necessarily connected with

the subject matter of the claim (e.g., recoupment).

b. Permissive Counterclaim does not arise or is not connected with the subject
matter of the claim (e.g., set-off). 4. CROSS CLAIM claim by one party against a co-party arising out of a transaction or occurrence which is the subject matter of the action or counterclaim.

5. REPLY a pleading that denies or alleges facts in denial of new matters alleged by way of defense in the answer with the purpose of joining the issues as to such new matters. 6. THIRD-PARTY COMPLAINT a claim which a defending party may file against a person not a party to the action for contribution, indemnity, subrogation or any other relief.

OTHER DEFINITIONS Specific Denial specific allegation of the fact the truth of which he does not admit and setting forth the substance of the matter relied upon to support the denial OR allegation of lack of knowledge or information sufficient to form a belief as the truth of the averment. Negative Pregnant a form of denial where only the qualification or modification of the fact alleged is denied while the fact itself is admitted. Summons an order directed to a defendant in the name of the court and under its seal directing that the defendant answer the complaint upon failure of which judgment will be taken. Motion application for an order not included in the judgment. Subpoena process directed to a person requiring him to attend and to testify at a hearing or the trial or to bring with him any book or thing under his control.

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Demurrer to Evidence a motion to dismiss based on insufficiency of evidence of the prosecution. Preliminary Attachment an order of the court granted at the commencement of the action or at any time before entry of judgment to seize the property of the debtor in advance of final judgment to hold it for the purpose of satisfying the judgment. Preliminary Injunction an order granted at any stage of an action prior to the judgment or final order requiring a person to refrain from a particular act. Preliminary Mandatory Injunction an order requiring the performance of a particular act. Criminal Complaint sworn written statement charging a person with an offense subscribed by an offended party, peace officer, or other public officer. Information an accusation in writing charging a person with an offense subscribed by the fiscal and filed with court. Preliminary Investigation an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a wellfounded belief that a crime has been committed and that the respondent is probably guilty thereof. Arrest taking a person into custody in order that he may be bound to answer for the commission of an offense. Bail the security for the release of a person in custody of the law furnished by him or a bondsman conditioned upon his appearing before any court as required under the condition hereinafter specified. Property Bond an undertaking constituted as lien on the real property given as security for the amount of bail.