College of Criminal Justice: Avite Tate Niversity

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CAVITE STATE UNIVERSITY

College of Criminal Justice

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

CHAPTER 3

COURT
Third pillar of Criminal Justice System

Court
 It is a governmental body officially assembled under the authority of law at the appropriate time
and place for the administration of justice through which the state enforces its sovereign rights
and power.
 The centerpiece of the Criminal Justice System.
 Charged with the duty of determining whether or not the accused is guilty of the crime charged.
Functions of the Court
 Keeping Peace- it is not usually mentioned but this is considered as the primary function of any
court of justice in any country across the globe. If there were no agency tasked and empowered
to decide disputes authoritatively, anarchy and chaos would prevail. The law of the jungle would
be the way of life of those who have been aggrieved because they would put the laws in their
own hand.
 Deciding Controversies- this is one of the primary responsibilities of court. It decides as too the
cases filed before the sala especially when it comes to criminal offenses committed by the
perpetrator. The court would determine if the accused is guilty of the case charged against the
latter through evidences submitted by both parties.
 Administrative Role- it is a misconception that the court does not exercise administrative
powers because it is too much preoccupied in deciding controversies. Many cases brought
before it are not contested, hence the role of the court is more administrative than
adjudicatory.
Judiciary
 It is the branch of the government which is vested with judicial power.
 It is a branch of the government which is empowered to interpret, construe and apply the laws.
Judicial Power

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 The power to apply laws to contests or disputes concerning legally recognized rights or duties of
and between the state and private persons or between individual litigants in cases properly
brought before the judicial tribunals.
 Vested in one Supreme Court and such lower courts.
The scope of Judicial Power
 To pass upon the validity or constitutionality of the law of the state and the acts of other
branches and department of governments;
 To interpret and construe them;
 To render authoritative judgments; and
 It also includes the incidental powers necessary to the effective discharge of the judicial
functions such as the power to punish adjudge in contempt and issue warrant of arrest after due
process has been observed.
Power of Judicial Review
 The power of the Supreme Court to determine whether the laws passed by Congress and Acts of
the President are in accord with the Constitution when the matter is raised.
Judge
 A public officer so named in his commission and appointed to preside over and to administer the
law in a court of justice.
Venue
 Refers to the geographical limits or the place where the crime is committed or where any of its
element existed. It is the place where the action must be instituted and tried.
Jurisdiction
 Derived from the Latin word “juris” and “dico” meaning I speak by the law
 The power and authority of a court to hear, try and decide cases.
Kinds of Jurisdiction:
1. General- when the court is empowered to decide all disputes which may come before it except
those assigned to other courts.
Example: Regional Trial Court (RTC)
2. Limited- when the court has the authority to hear and determine only a few specified cases.
Example: Sharia Court
3. Original- when the court can try and hear a case presented for the first time.
4. Appellate- when the court can try and hear a case already heard and decided by a lower court,
removed from the latter by appeal.
5. Exclusive- when the court can try and decide a case which cannot be presented before any
other court.
6. Concurrent- when any of two or more courts may take cognizance of a case.
Court’s Classification in Philippines:
1. Regular
2. Special

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3. Collegiate
4. Lower courts
1. Regular Courts- the following are the regular courts in the Philippines:
 Supreme Court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial Courts
 Municipal Trial Courts in Cities
 Municipal Trial Courts
 Municipal Circuit Trial Courts
2. Special Courts- the following are the special courts in the Philippines:
 Sandiganbayan
 Court of Tax Appeals
 Shari’a District Courts
 Shari’a Circuit Courts
3. Collegiate Courts- the following are the collegiate courts in the Philippines:
 Supreme Court
 Court of Appeals
 Sandiganbayan
 Court of Tax Appeals
4. Lower Courts- the following are the lower courts of the Philippines:
 Court of Appeals
 Sandigan Bayan
 Court of Tax Appeals
 Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Courts in Cities
 Municipal Trial Courts
 Municipal Circuit Trial Courts
 Shari’a District Court
 Shari’a Circuit Courts

The Supreme Court


Under Art. VIII Sec.1 of the 1987 Constitution, the judicial power shall be vested in one Supreme
Court and such lower courts as may be established by law. The supreme Court is composed of one Chief
Justice and 14 Associate Justices appointed by the President from a list of recommendees presented by
the Judicial and Bar Council. Any vacancy shall be filled within 90days from occurrence thereof.
The members of the Supreme Court serve during good behavior until they reach the age of 70
unless removed or impeached for any of the grounds provided by the Constitution. The Supreme Court
sits either en banc or in divisions of three, five or seven members.

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The Supreme Court shall have administrative supervision over all courts and personnel thereof.
Likewise the en banc shall have the power to discipline judges of lower court or order their dismissal by
a vote of a majority of its member who actually took part in the deliberation on the issues in the case
and voted thereon.
The Court of Appeals
This was established under Batas Pambansa Bilang 129 known as the Judiciary Reorganization
Act of 1980. The court is composed of one Presiding Justice and sixty eight Associate Justices. They are
all appointed by the President. It operates in 10 divisions, each comprising of five members. The Court
sits by divisions, each division being composed of three members. The court may sit en banc for the
purpose of exercising administrative, ceremonial or other non-adjudicatory functions.
The Sandiganbayan
This is the special court established under Presidential Decree No. 1606. Its rank is equivalent to
the Court of Appeals. It is a special court tasked to handle criminal cases involving graft and corruption
and other offenses committed by public officers and employees in connection with the performance of
their function or the so called service-connected duties.
The Sandiganbayan shall sit in five divisions of three Justices each. The first three divisions shall
be in the Metro Manila area, the fourth division shall be in Cebu City for cases coming from the Visayas
Region, and the fifth division shall be in Cagayan de Oro City for cases coming from Mindanao.
The Regional Trial Court (the court of instance)
One which is preside by any of the 720 Regional Trial Judges in each regions of the country. Its
jurisdiction of criminal cases are said to be general.
The so-called Inferior Courts (Regular Courts)
There shall be created a Metropolitan Trial Court in each metropolitan area established by law, a
Municipal Trial Court in each of the other cities o municipalities, and a Municipal Circuit Trial Court in
each circuit comprising such cities and/or municipalities grouped together pursuant to law.
The Court of Tax Appeals
Created under R.A. 1125 as amended by R.A. 9282. It is composed of three Judges and has
exclusive appellate jurisdiction to review on appeal decisions of the Commissioner of the Bureau of
Internal Revenue involving internal revenue taxes and decisions of the Commissioner of the Bureau of
Customs involving customs duties.
The Shari’a Courts
Created pursuant to P.D. 1083, otherwise known as the “Code of Muslim Personal Laws of the
Philippines”.
Created as part of the judicial system.
Courts of limited jurisdiction known as the Shari’a District Court are presided by a District Judge while
Shari’a Circuit Trial Courts are preside by a Circuit judges.
FIVE MAIN STAGES OF THE PROCEEDINGS:

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1. Arraignment- formal reading of the charges before the accused in an open court and asking him
whether he pleads guilty or not guilty as charged. Plea is the answer given by the accused during
arraignment.
2. Pre-Trial- a mandatory conference in a criminal proceeding called by the judge requiring the presence
of both party. Its purpose is to expedite the trial of the case.
3. Trial- is the examination before a competent tribunal of the facts put in issue in a case.
4. Judgment- the adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil liability, if any. It must be written in the official
language, personally and directly prepared by the judge and subscribed by him. It shall contain clearly
and distinctively a statement of the facts and the laws upon which it is based. It can either be a
Judgment of Conviction or Judgment of Acquittal.
 DECISION- the judgment rendered by a court of justice or other competent tribunals.
Maximum Period of Rendition of Decision (Art. VIII, Sec.15 of the Constitution):
 Supreme Court- within 24 months
 Court of Appeals and other Collegiate Courts- within 12 months
 Inferior Courts- 3 months unless reduced by the Supreme Court
5. Appeal- is the elevation by an aggrieved party or any decision order or award of a lower court to a
higher body, by means of document which includes the assignment of errors, memorandum of
arguments in support thereof, and the reliefs prayed for (Moreno, 2009)
NOTE: On appeal the state is represented by the Solicitor General.
CONTENTS OF JUDGMENT
1. Judgment of Conviction
 When the judge finds the accused guilty of the charges against him.
 The legal qualification of the offense constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its commission.
 The participation of the accused in the offense, whether as principal, accomplice or accessory
after the fact.
 The penalty imposed upon the accused
 The civil liability or damages caused by his wrongful act or omission to be recovered from the
accused by the offended party unless the enforcement of the civil liability has been reserved or
waived.
2. Judgment of Acquittal
 When the judge finds the accused not guilty of the charges against him.
 Shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt beyond reasonable doubt.
Rendition of Judgment- the writing of the judgment by the judge.
Promulgation of Judgment- the reading of the judgment/ the official proclamation or announcement of
the decision of the court (Agpalo, 2004)
 By reading in the presence of the accused and any judge of the court in which it was rendered.

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 If the judge is absent, the judgment may be promulgated by the clerk of court.

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