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The Pillars of the Criminal Justice System

THE COURTS
Reported by Group 3 (Francisco, Frio, Fuentes, Gabiota, Galanto, Gamayao, Gayanico, Genzola,
Gonzales, Giagone, Gonzaga, Huelar, Jimeno, Jornada, Kapunan, Labanza

Courts For Muslims: The Shari’a Courts covered by the Code of Muslim Personal
Laws before a Shari’a court.
Shari’a courts are Shari’a District Courts (SDCs)
and Shari’a Circuit Courts (SCCs) that were You can appeal decisions of the Shari’a
created in 1977 through Presidential Decree Circuit Court to the Shari’a District Court.
1083, which is also known as the Code of Decisions of the Shari’a District Court can be
Muslim Personal Laws. These courts have been appealed to the Supreme Court on
established to resolve cases involving Muslims. questions of law or for abuse of discretion
committed by the Judge of the Shari’a
Offenses under its jurisdiction: District Court.

 Illegal solemnization of marriage MUNICIPAL COURT


 Marriage before expiration of ‘idda A court that sits in some cities and larger
(waiting period for a woman)
 Offenses relative to subsequent towns and that usually has civil and
marriage, divorce and revocation of criminal jurisdiction over cases arising
divorce within the municipality.
 Failure to report for registration
 Neglect of duty by registrars
1. Exclusive original jurisdiction over
Shari’a courts, which were created all violations of city or municipal
specifically for the effective administration ordinances committed within their
and enforcement of the Code of Muslim respective territorial jurisdiction
Personal Laws, are subject to the
administrative supervision of the Supreme 2. Exclusive original jurisdiction over all
Court. offenses punishable with imprisonment
not exceeding 6 years, regardless of the
All actions and proceedings in the Shari’a fine or other accessory penalties and civil
court shall commence by the filing of a liability
complaint. This complaint shall be prepared
at least in triplicate by the plaintiff (muddai) 3. Offenses involving damage to
or his/her counsel (wakil) or by the Clerk of property through criminal negligence
Court. (Sec. 1, Rules of Procedure) The
complaint shall contain the following: 1. 4. In cases where the only penalty
title of the case, case number assigned to it, provided by law is a fine, it has exclusive
and date of filing; 2. name and address of jurisdiction over offenses punishable by
the plaintiff (muddai) and/ or his/her a fine not exceeding P4000
counsel, and name and address of the
defendant (mudda’aalayh); and 3. concise 5. In election offenses, cases involving
statement of the cause of action and the failure to register or failure to vote
relief prayed for. (Sec. 2, Rules of
Procedure) 6. Special jurisdiction to hear and
decide petitioners for a writ of habeas
A non-Muslim woman married by Islamic corpus or application for bail in the province
rites to a Muslim man can file any case or city where the RTC judge is absent
The Pillars of the Criminal Justice System
THE COURTS
Reported by Group 3 (Francisco, Frio, Fuentes, Gabiota, Galanto, Gamayao, Gayanico, Genzola,
Gonzales, Giagone, Gonzaga, Huelar, Jimeno, Jornada, Kapunan, Labanza

7. Cases involving BP 22—Bouncing a. Laws on written defamation or libel


Checks Law b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the
offenders are below 16 years and there are
REGIONAL TRIAL COURT
juvenile and Domestic Relations Courts in the
The Regional Trial Court (RTC), formerly known province.
as the Court of First Instance (CFI), is part of the
4. Appellate jurisdiction over all
Philippine Court System classified as courts of
cases decided by MTCs in their respective
general jurisdiction. They handle and decide not
territorial jurisdiction
only the particular classes or kinds of cases
assigned to them by law, but also those which Sandiganbayan
are not within the jurisdiction of the courts of
the first level or the Metropolitan Trial Courts Art. XIII of the 1973 Constitution,Sec. 5. The
BatasangPambansa shall create a special court,
Regional Trial Courts shall exercise exclusive to be known as Sandiganbayan, which shall
original jurisdiction in all criminal cases not have jurisdiction over criminal and civil cases
within the exclusive jurisdiction of any court, involving graft and corrupt practices and such
tribunal or body, except those now falling under other offenses committed by public officers and
employees, including those in government-
the exclusive and concurrent jurisdiction of
owned or controlled corporations, in relation to
the Sandiganbayan which shall hereafter be their office as may be determined by law.
exclusively taken cognizance of by the latter.
RTC Criminal Courts typically try cases of serious Art. XI of the 1987 Constitution, Sec. 4. The
crimes like murder and robbery, as opposed to present anti-graft court known as the
petty crimes, which reduce the burden of court Sandiganbayan shall continue to function and
cases. exercise its jurisdiction as now or hereafter may
be provided by law.
1.All criminal cases where the penalty is
JURISDICTION OF SANDIGANBAYAN
higher than 6 years, including government-
related cases wherein the accused in not one The jurisdiction of the Sandiganbayan is
of those falling under the jurisdiction of the perhaps one of the most often amended
Sandiganbayan is within the jurisdiction of the provision from the 1973 Constitution to RA
RTC. 8249 of 1997. Before RA 8249, jurisdiction of
the Sandiganbayan was determined on the
2.In areas where there are no family courts, the basis of the penalty imposable on the offense
cases falling under the jurisdiction of family charged. Then, it was amended such that
courts shall be adjudicated by the RTC. regardless of the penalty, so long as the offense
charged was committed by a public officer, the
3. Other laws which specifically lodge Sandiganbayan was vested with jurisdiction.
jurisdiction in the RTC Under RA 8249, to determine whether the
Sandiganbayan has jurisdiction, lawyers must
look into two (2) criteria, namely:
The Pillars of the Criminal Justice System
THE COURTS
Reported by Group 3 (Francisco, Frio, Fuentes, Gabiota, Galanto, Gamayao, Gayanico, Genzola,
Gonzales, Giagone, Gonzaga, Huelar, Jimeno, Jornada, Kapunan, Labanza

The nature of the offense and The salary grade With the passage of Republic Act Number 9282
of the public official. (R.A. 9282) on April 23, 2004, the CTA became
an appellate Court, equal in rank to the Court of
Appeals. Under Section 1 of the new law, the
COURT OF APPEALS Court is headed by a Presiding Justice and
assisted by five (5) Associate Justices. They shall
The Court of Appeals of the Philippines is have the same qualifications, rank, category,
the Philippines' second-highest judicial court, salary, emoluments and other privileges, be
just after the Supreme Court. The court consists subject to the same inhibitions and
of 69 Associate Justices and 1 Presiding Justice. disqualifications and enjoy the same retirement
Under the Constitution, the Court of Appeals and other benefits as those provided for under
(CA) reviews the decisions and orders of the existing laws for the Presiding Justice and
Regional Trial Courts nationwide well as the Associate Justices of the Court of Appeals. A
awards, judgments, final orders or resolutions decision of a division of the CTA may be
of, or authorized by 21 Quasi-Judicial Agencies appealed to the CTA En Banc, and the latter's
exercising quasi-judicial functions mentioned in decision may further be appealed by verified
Rule 43 of the 1997 Rules of Civil Procedure, petition for certiorari to the Supreme Court.
plus the National Amnesty Commission (Pres.
Previously, only decision, judgment, ruling or
Proclamation No. 347 of 1994) and Office of the
inaction of the Commissioner of Internal
Ombudsman (Fabian v. Desierto, 295 SCRA
Revenue, the Commissioner of Customs,
470). Added to the formidable list are the
the Secretary of Finance, the Secretary of Trade
decisions and resolutions of the National Labor
and Industry, or the Secretary of Agriculture,
Relations Commission (NLRC) which are now
involving the National Internal Revenue Code
initially reviewable by this court, instead of a
and the Tariff and Customs Code on civil
direct recourse to the Supreme Court, via
matters are appeallable to the Court of Tax
petition for certiorari under Rule 65 (St. Martin
Appeals. The expanded jurisdiction transferred
Funeral Homes v. NLRC, 295 SCRA 414)".
to the CTA the jurisdiction of the Regional Trial
Courts and the Court of Appeals over matters
Organized on February 1, 1936, the Court of involving criminal violation and collection of
Appeals was initially composed of Justice Pedro revenues under the National Internal Revenue
Concepcion as the first Presiding Judge and 10 Code and Tariff and Customs Code. In addition,
Appellate Judges appointed by it also acquired jurisdiction over cases involving
the President with the consent of local and real property taxes which used to be
the Commission on Appointments of the with the Regional Trial Court and the Court of
National Assembly. Appeals.
Court of Tax Appeals
SUPREME COURT
It is a special court of limited jurisdiction, and
has the same level with the Court of Appeals. The Supreme Court of the Philippines is the
The court consists of 8 Associate Justices and 1 highest court in the Philippines. It is presided
Presiding Justice. The Court of Tax Appeals was over by a Chief Justice and is composed of
originally created by virtue of Republic Act. No. fifteen (15) Justices, including the Chief Justice.
1125 (R.A.1125) which was enacted on June 16, Pursuant to the Constitution, the Supreme
1954 composed of three (3) Judges with Court has "administrative supervision over all
Mariano CH. Nable as the first Presiding Judge. courts and the personnel thereof".
The Pillars of the Criminal Justice System
THE COURTS
Reported by Group 3 (Francisco, Frio, Fuentes, Gabiota, Galanto, Gamayao, Gayanico, Genzola,
Gonzales, Giagone, Gonzaga, Huelar, Jimeno, Jornada, Kapunan, Labanza

and enforceable, and to determine whether or


A person must meet the following not there has been a grave abuse of discretion
requirements in order to be appointed to the amounting to lack or excess of jurisdiction on
Supreme Court: (1) natural-born citizenship; (2) the part of any branch or instrumentality of the
at least 40 years old; and (3) must have been for government.”
fifteen years or more a judge of a lower court or
The definition reaffirms the power of the
engaged in the practice of law in the
Supreme Court to engage in judicial review, a
Philippines.[3] An additional constitutional
power that had traditionally belonged to the
requirement, though less precise in nature, is
Court even before this provision was enacted.
that a judge "must be a person of proven
Still, this new provision effectively dissuades
competence, integrity, probity, and
from the easy resort to the political
independence."[4]Upon a vacancy in the Court,
question doctrine as a means of declining to
whether for the position of Chief
review a law or state action, as was often done
Justice or Associate Justice, the President fills
by the Court during the rule
the vacancy by appointing a person from a list
of President Ferdinand Marcos.[14] As a result,
of at least 3 nominees prepared by the Judicial
the existence of “grave abuse of discretion” on
and Bar Council.[5]
the part of any branch or instrumentality of the
government is sufficient basis to nullify state
The powers of the Supreme Court are defined in action.
Article VIII of the 1987 Constitution. These
Original jurisdiction
functions may be generally divided into two –
judicial functions and administrative functions. The other mode by which a case reaches the
The administrative functions of the Court Supreme Court is through an original petition
pertain to the supervision and control over the filed directly with the Supreme Court, in cases
Philippine judiciary and its employees, as well as that the Constitution establishes "original
over members of the Philippine bar. Pursuant to jurisdiction" with the Supreme Court. Under
these functions, the Court is empowered to Section 5(1), Article VIII of the Constitution,
order a change of venue of trial in order to they are "cases affecting ambassadors, other
avoid a miscarriage of justice and to appoint all public ministers and consuls, and over petitions
officials and employees of the judiciary.[11] The for certiorari, prohibition, mandamus, quo
Court is further authorized to promulgate the warranto, and corpus." Resort
rules for admission to the practice of law, for to certiorari, prohibition and mandamus may be
legal assistance to the underprivileged, and the availed of only if "there is no appeal, or any
procedural rules to be observed in all courts.[12] plain, speedy, and adequate remedy in the
ordinary course of law."
The more prominent role of the Court is located
in the exercise of its judicial functions. Section 1
of Article VIII contains definition of judicial
power that had not been found in previous
constitutions. The judicial power is vested in
“one Supreme Court and in such lower courts as
may be established by law.” This judicial power
is exercised through the judiciary’s primary role
of adjudication, which includes the “duty of the
courts of justice to settle actual controversies
involving rights which are legally demandable

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