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LegHis Notes - Some Peculiarities of PH Criminal Law and Procedure
LegHis Notes - Some Peculiarities of PH Criminal Law and Procedure
the authority of the US, trial by jury was an essential component of a
AND PROCEDURE
court empowered to try criminal cases
F.C. Fisher
- Sec. 2, Art. III of the Constitution: “trial of all crimes except in
Legal History Reading Notes
cases of impeachment shall be by jury”
- This was argued as a limitation to Congress to
In 1990 the Taft Commission was sent to the Philippines by President
establish any other method of trial for felonies
McKinley to establish civil government in Manila and in the provinces
The Omission of right to trial by jury was regarded as unimportant
held by US military forces
- Porto Rico is not part of the US: in the case of Downes vs.
- The Commission was directed that in exercising its legislative
Bidwell, SC held that the government of the US has the power
authority, the main body of laws should be maintained with as
to acquire and hold territory without incorporating it into the
little interference as possible.
US. (merchandise coming from Porto Rico to the US was still
- The primary changes they sought were speedy and impartial
subject to duties)
trials.
- PH political status was same as Porto Rico. Advocates for the
theory that the Constitution was applicable as ex proprio
However, the Taft Commission was not able to exercise its powers in
vigore to the Islands were defeated.
relation to criminal procedure since the General Otis (Military Governor)
promulgated a comprehensive code, which has governed the trial of
US vs. Dorr (1901 - US case)
criminal cases in the Philippines ever since. The code was drafted by
- American defendants were charged with libel. They demanded
Major Richard Young.
trial by jury, contending the the PH has become part of the US,
so the US Constitution should be applied to them.
NO TRIAL BY JURY
- Demand for trial by jury was denied by the Court and they
Criminal Procedure in the Spanish Regime
were found guilty.
- Inquisitorial and accusatorial system
- Appealed to the Supreme Court of the Philippines (1903)
- Criminal procedure was complicated and the interlocutory
- Court held that the US Constitution had not been
appeals made the trials very long
extended to the PH by act of cession from Spain.
- Lawyers were conservative but the Philippine bar made little
- They were not entitled to trial by jury
opposition to the new procedure
- Appealed to the US Supreme Court (1904)
- There was no jury system. O enses are projected upon
- Court held that: “the power to govern territories,
complaint or information. The trial judge decides all issues of
implied in the right to acquire it, and given to
law and fact.
Congress in the Constitution...does not require that
body to enact for ceded territory not made a part
Military Governor had practically unlimited executive, legislative, and
of the United States by Congressional action. a
judicial power
system of laws which shall include the right of trial
- he also had the power to establish a judicial system with no
by jury, an(1 that the Constitution does not, without
jury
legisla-tion, and of its own force, carry such right to
- this was not questioned as long as the Philippines
territory so situated.” (same lang din)
was under war powers of the US President. War
powers were exercised by either the Military
US vs. Carrington and US vs. Grafton (1906 - PH cases)
Governor of the members of the Taft Commission
- Accused US Army o cer contended that he was in the PH
- Philippine Organic Act of 1902 was promulgated: the Congress
because he was following orders of his superior. His presence
assumed control of the Philippine Islands and established a
in the PH was involuntary, so his rights should be based on
civil government
the US Constitution; which included the right to trial by jury
- Established a Bill of Rights, which limited the exercise of insular
- Plea was denied and he was found guilty.
legislative authority.
- Included fundamental rights (same as in American
APPEALS - DOUBLE JEOPARDY
Consti) but did not include right to trial by jury
Criminal Procedure in the Spanish Regime
- After the passage of the Philippine Organic Act,
- The State was entitled to an appeal from a judgement of
criminal cases were prosecuted according to
acquittal by the trial court
General Order no. 58
- No decision of the trial court in a felony is final. All are subject
for review (with or without appeal) by the higher court
- At the time, supine judges may have been used as
(same as under the Spanish system) - PH SC erred in holding that it is protection against
- Judgements of trial courts in felonies deemed final, except in second punishment only, rather it is against the
cases where: peril of being tried again for the same o ense
- Death penalty is imposed - Justice Holmes Dissent: there is no rule that a man
- Appealed by either the State or the accused may not be tried twice in the same case.
Under the Philippine Organic Act of 1902 from an erroneous decision in his favor, it
- “No person for the same o ense shall twice be put in jeopardy would not be double jeopardy if retried
misappropriation of a client’s funds. He was acquitted by CFI FREEDOM FROM SELF-INCRIMINATION
Manila. US vs. Navarro (1904 - PH case)
- The Government appealed - The accused was shown to have abducted Punsalan; who was
- The defendant contended that the PH SC practice never seen again. He gave no information on Punsalan’s
of reviewing the evidence and makes a decision on whereabouts or attempt to show that they had released him.
its own findings would make the appeal a second - Article 483 of Spanish Penal Code
trial (he would be put in double jeopardy for the - One who illegally detains another and
same charge). He moved to dismiss the appeal fails to give information concerning his
- PH SC denied the motion whereabouts or fails to prove that he has
- While the appeal was pending, the Philippine set him at liberty, shall be imprisoned for
Organic Act was enacted and Kepner renewed his not less than 17 years up to life
motion to dismiss - Trial Court convicted them of illegal detention and sentenced
- Motion denied. Kepner was found guilty. him to life imprisonment
- PH SC denied his motion. See logic below - On appeal, the penalty was reduced to 12 years
- Motion to dismiss was denied since Kepner was not - Held that Article 483 compels the accused to
placed in jeopardy his trial and acquittal in the become a witness on his own behalf or to su er a
lower court more severe punishment
- Jeopardy arose as soon as the trial commenced - Spanish penal law was inquisitive, the
- The accused has no higher right to be protected accused may be required to give
against improper conviction than has society to be evidence on the crime he charged /
secured against an unlawful acquittal suspected of. If he remained silent, it was
- Justice Smith: “What is prohibited is not the peril of taken as an indication of guilt
more than one trial but the peril of more than one - The American system the burden of proof rests on
punishment. the prosecution. If the accused remains silent, no
- US SC reversed PH SC decision inference prejudicial to him may be drawn in
- In the Spanish system, lower courts were merely exercise of the right against self-incrimination
examining tribunals and there was no final - Article 483 was repealed by the Organic Act
judgement until the case was passed on by the - Justice Mapa Dissent:
Audiencia - Legal Presumption of innocence, denies the
- After General Order no. 58, trial court decisions assumption that Spanish procedural laws allow
became final, in the absence of an appeal prejudicial inference to be drawn from the silence of
- When Congress included the jeopardy provision in the accused
the Bill of Rights, it must be presumed that they
intended to give it the same meaning in the PH as PROHIBITION OF CRUEL AND UNUSUAL PUNISHMENTS
given by common law Benito Legarda vs. Valdez (1902 - PH case)
- Common Law definition: Protection from - Accused was convicted of defamation and was sentenced to
second jeopardy includes immunity from banishment from Manila for a limited period
- On appeal, the accused contends that it was a cruel and US vs. Trono (1904 - PH case)
public o cial. He was sentenced to 15 years imprisonment in implied that he was also acquitted of manslaughter
attacked on the ground that the penalty was cruel and - US SC upheld the conviction
and shall be employed at hard and accused on appeal without a new trial
and marital authority and the power to the PH SC has not hesistated to inflict the penalty of death
administer property)
- Perpetual absolute disqualification (all PHILIPPINE SUPREME COURT REFUSES TECHNICAL
political rights) CONSTRUCTION OF THE PROVISION ON INFORMATION
- Surveillance during life (cannot change
domicile w/o written permission and PH Code of Criminal Procedure
subjected him to o cial inspection) - Information shall be su cient if it shows the :
- US Supreme Court concluded that the penalty was - Name of the defendant
cruel and unusual and the statute authorizing it - Designation of the o ense charged
shall be annulled - Acts constituting the o ense
- Note: the ground of cruel and unusual punishment was not - Venue
brought up in the PH SC, but if it were it could clarify the - Name of the injured person, if known
penalty of cadena temporal
- “Trabajos duros y penosas” US vs. Paraiso
- Penosas does not mean “painful” (as - Appellant contends that Information was not su ciently
taken by the US SC) but rather, laborious explicit to comply with the statute
and fatiguing - Court held that what is essential is that the Information charge
- Since the cessation of Spanish sovereignty, those the accused with acts / omissions that constitute an o ense,
condemned to cadena temporal were no longer Failure to give the o ense the proper technical name will not
kept in chains be fatal to the case.
APPEALS - NOT LIMITED TO CORRECTION OF ERROR US vs. Lin San (1910 - PH case)
PH SC Appellate Jurisdiction - Complaint charges the accused with attempted murder. The
- Appeals are a trial de novo (new trial) upon the record trial court convicts him of the same o ense.
- Whole record and transcript of oral testimony is - On appeal, the court convicts him of the higher o ense of
brought up frustrated murder, owing to the facts of the complaint
- Accused can urge any objection to the ruling and - The technical designation of the o ense is of no
decision of the trial judge concern to the accused, it only matters if he did the
- Appellate court is not bound by trial court decisions. It can acts imputed to him
make a di erent finding depending on how it gives weight to
the evidence
- PH SC may and often increased penalties or convicted the
appellant of a more serious crime than the trial court
ADMISSION AND EXCLUSION OF EVIDENCE
PH and US
- Practically the same rules in admission and exclusion of
evidence
- But the absence of a jury in the PH and the practice of PH
Supreme Court in making its own findings have “saved the
excluded, would not change the result on appeal, does not
trial is granted
CONCLUSION
- PH system of procedure for criminal law is superior to the US
system.
- PH system is swift, but no essential right of the accused is
sacrificed.
- Pardons are granted by executive power (not through the
lessening delay
- AMERCAN LAWYERS ARGUE: PH system of appeals decides
issues of fact upon a cold record and is deprived of the
advantage of a jury and the trial judge seeing and hearing the
prone to being guided by the opinion of the trial
Philippines to the system, so there is no substantial need for