P
HILIPPINE
C
RIMINAL
P
ROCEEDINGS
(E
XCERPTS
)
BY
P
RIMA
JESUSA
QUINSAYAS
Covering criminal proceedings in Philippine courts is not an easy task, among other reasons because of the legal jargon used inside the courtroom. It does not help that the judge,lawyers, and even the court staff seem to speak in a language of their own.Court proceedings go through with simultaneous motions that may be difficult to follow.Journalists may get “lost” during exchanges between the lawyers, witnesses, and judge.This chapter aims to provide an overview of the different stages of criminal proceedingsand discuss some legal remedies most often used and prone to abuse by the parties. While thediscussion on criminal proceedings is not comprehensive, it is hoped this chapter will be able togive additional information helpful to a journalist assigned to cover criminal proceedings.
The Court
To understand why and how a court decides the way it decides, it is important to know itscharacteristics. Among its characteristics that influence proceedings are:1.It is a passive body2.It is a Court of RecordsFurther, it must be stressed that the Philippine judiciary has not adopted the jury systemand that for municipal and regional trial courts, the sole authority is the presiding judge, while theCourt of Appeals and Supreme Court normally function in divisions of three to five justices whenresolving a case or a legal matter.
Taking advantage
Lawyers may—and many do—take advantage of the fact that ours are Courts of Records by making statements regarding matters they believe would result in a resolution in their favor.This is done through manifestations made in open court or inserting such matters during oralarguments.Such statements or manifestations, even if untrue or without proof, will be recorded in theTSN and will form part of judicial records. Judicial records are usually given weight and may beused in other proceedings.The other party must be quick to comment and/or make a counter-manifestation againstsuch manifestations, especially if the latter is done in bad faith or with malice.
1
The reading of selected contents of a document may be prevented based on the concept that“the best evidence is the document itself.” If the court nonetheless allows the reading of theselected parts, the other party may also move to have the significant parts of the document read.Under Sec. 40, Rule 132 of the Rules of Court (ROC), evidence not admitted by the courtmay still be put on record. Called
Tender of Excluded Evidence
, this remedy is available to the party offering said evidence. The rationale is to give the higher courts the chance to study whether the non-admission of said evidence was improper.
Tips:
The journalist’s role in reporting what happened in the courtroom is important.
•
Keenly follow the proceedings by listening to the arguments in order to knowthe following:
Which evidence was admitted and made part of court records
The nature of the testimony
Understand the reason a testimony and/or a piece of evidence is being blocked by the other party
•
Criminal trials are usually public; reporting matters that were blocked from or put on record is part of truthful or factual reporting not covered by the
sub judice
rule.
•
Coverage of court proceedings should extend all the way up to the highest courtof the land, especially since decisions of the Supreme Court (SC) become partof the law of the land pursuant to Art. 8 of the New Civil Code.
Philippine Criminal Law
The Philippine legal system may be considered a hybrid, as it is influenced by elements of Roman civil law from Spain, Anglo-American common law introduced by the United States, andthe customs of Philippine ethnic minorities.Among the primary characteristics that influence Philippine Criminal Law are:1.“No law, no crime”2.Territorial jurisdiction3.Proof beyond reasonable doubt
Parties in a case
In criminal cases, there are usually three parties:
1.
The State – it is affected because every crime is a threat to the peace and order of society; this is why criminal cases are generally titled “
People of the Philippinesversus
...”
2.
The Victim – also known as the private complainant who was directly injured or affected by the crime3.The Accused
Philippine Criminal Proceedings 2
Types of accused
On the part of the accused, according to law, there are different possible penalties based onthe kind of role the accused played in the commission of the crime. There are three kinds of accused:
1.
The Principal
2.
The Accomplice or accomplices
3.
The Accessory or accessoriesIn turn, there are three types of Principal Accused:
1.
The Principal by inducement
2.
The Principal by direct participation
3.
The Principal by indispensable cooperation
Criminal Proceedings
While Philippine criminal law is largely influenced by the Spanish penal code, Philippineevidentiary rules are mostly adopted from the American system. Although no research-based datasupports this conclusion, it is likely that the interplay of Spanish influence on our criminal law andAmerican influence on our evidentiary rules often lead to ironic results such as prolonged proceedings despite the emphasis on speedy trials. The fact that the Philippines did not adopt theAmerican criminal jury system most likely also adds to the mix-up.Criminal proceedings in general are governed by the Rules of Court (ROC) under theRevised Rules on Criminal Procedure from Rule 110 to Rule 127. The Revised Rules on Evidencegovern the presentation of evidence in court. Supreme Court decisions as well as other ROC provisions also govern or serve as guide in the criminal proceedings.
Philippine Criminal Proceedings 3
Almost all crimes have an accompanying civil aspect. This is because the victim orprivate complainant may claim damages based on the injury or loss caused by the crime.But not all crimes have a civil aspect. This is because there are crimes where there is nodirect victim; an example is the crime of illegal possession of firearms.
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Legal Competency Manual-Prima Quinsayas-Excerpts
Covering criminal proceedings in Philippine courts is not an easy task, among other reasons because of the legal jargon used inside the courtroom. It does not help that the judge, lawyers and even the court staff…
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