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No53 27PA Corpuz PDF
No53 27PA Corpuz PDF
53
Menrado Valle-Corpuz*
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107TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS
writings and objects, e.g., gun, knife, other places, solitary, in communicado or
weapons used in the commission of the other similar forms of detention are
crime, clothing of the victim, etc. prohibited; and
3) Any confession or admission obtained
b. Arrest suspects by virtue of a warrant in violation of the foregoing shall be
of arrest issued by a judge on the basis of inadmissible in evidence against him.
evidence submitted by them or under
circumstances justifying a warrantees c. Refer the case and the suspects to
arrest. the Office of the Public Prosecutor or
The instances when an arrest without Municipal Trial Court for preliminary
warrant may be lawfully effected by a peace investigation or directly to the Municipal
officer or a private person are as follows: Trial Court for trial and judgment.
(1) When in his presence, the person to
be arrested has committed, is II. PROSECUTION PROCESS
actually committing or is attempting
The investigation and prosecution of all
to commit an offense;
cases involving violations of penal laws are
(2) When an offense has in fact just been
lodged with the Department of Justice
committed, and he has personal
(DOJ) through its National Prosecution
knowledge of facts indicating that the
Service (NAPROSS).
person to be arrested has committed
The DOJ is headed by the Secretary of
it; and
Justice with three Undersecretaries
(3) When the person to be arrested is a
assisting him.
prisoner who has escaped from a
Aside from being the prosecution arm of
penal establishment or place where
the government, the DOJ shall have the
he is serving final judgment or
following powers and functions:
temporarily confined while his case
in pending or has escaped while being
a. Act as principal law agency of the
transferred from one confinement to
government and as legal counsel and
another.
representative thereof, whenever so
Any person who—while in custody or required;
otherwise deprived of liberty—is under
investigation for the commission of an b. Administer the probation and
offense, has the following constitutional correction system;
rights, among others:
1) He must be informed of his right to c. Extend free legal assistance/
remain silent and to have competent representation to indigents and poor
and independent counsel preferably litigants in criminal cases and non-
of his own choice. If the person commercial civil disputes;
cannot afford the services of counsel,
he must be provided with one. These d. Preserve the integrity of land titles
rights cannot be waived except in through proper registration;
writing and in the presence of
counsel; e. Investigate and arbitrate untitled
2) No torture, force, violence, threat, land disputes involving small landowners
indimidation or any other means and members of indigenous cultural
which vitiate the free will shall be communities;
used against him; secret detention
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RESOURCE MATERIAL SERIES No. 53
party may utilize as part of its evidence The motion for reconsideration may be
the testimony of a witness who is deceased, based on the errors of law or fact in
out of or cannot with due diligence be found judgment.
in the Philippines, unavailable or otherwise In lieu of moving for new trial or
unable to testify, given in another case or reconsideration or after denial of such
proceeding (judicial or administrative) motion, the convicted accused may appeal
involving the same parties and subject to the Court of Appeals or the Supreme
matter, the adverse party having had the Court within the time fixed by law. If the
opportunity to cross-examine him; appeal of the convicted accused is
unsuccessful and his conviction is affirmed,
g. To have compulsary process issued to the case will be remanded to the court of
secure the attendance of witnesses and origin for the execution of the judgement.
production of other evidence in his behalf; The latter court will set a date for the
accused to present himself for the
h. To have a speedy, impartial and enforcement of the judgement. At the time
public trial; and thus appointed, the court will issue an
order of commitment and the accused is
i. To have the right of appeal in all cases passed on the next component.
allowed and in the manner prescribed by
law. IV. PENAL OR CORRECTIONAL
PROCESS
After the reception of the contending
Punishment is the isolation of the
parties pieces of evidence, the case is now
convicts by imprisonment for the periods
submitted for decision which the court
laid down by the courts or in extreme cases,
must render within ninety days after trial.
their execution by the method prescribed
If the court acquits the accused because
by law—and correction and rehabilitation
in its view he is innocent or his guilt is not
are functions undertaken by the
proven beyond reasonable doubt, the case
institutions set up by law, e.g., the Bureau
is definitely ended. Appeal by the
of Prisons, Parole and Probation
prosecution is barred by the principle of
Administration.
double jeopardy.
On the other hand, if it convicts the
V. THE COMMUNITY
accused because in its view his guilt of the
crime charged has been established beyond After the convicts have passed through
reasonable doubt, the latter may move for the correction component—either
a new trial or reconsideration which may unconditionally (as by full service of the
be based on either of the following grounds: term of imprisonment imposed on them),
or by parole or pardon—they go back to the
a. That errors of law or irregularities community and either lead normal lives as
have been committed during the trial law-abiding citizens in their barangays, or,
prejudicial to the substantial rights of the regrettably, commit other crimes and thus,
accused; or go back through the same processes and
stages of the criminal justice system.
b. That new and material evidence has The community at large—through the
been discovered and produced at the trial, appropriate legislative agencies, public and
and which, if introduced and admitted, private educational institutions, parents
would probably change the judgement. and guardians, churches, religious
organizations, civic associations, etc.—
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107TH INTERNATIONAL TRAINING COURSE
PARTICIPANTS’ PAPERS
develops and exacts conformity with community. The criminal justice system is
acceptable moral and ethical values, all of these institutions or pillars
creates the environment for the collectively. For it to work efficaciously and
development of civic-spirited citizens, and speedily, it is essential for all these pillars
fosters respect for and observance of the to work efficiently and with dispatch, and
Rule of Law. in cooperation and in coordination with one
In particular, members of the community another.
having knowledge of facts relevant to the
investigation or prosecution of crimes, are REFERENCES
expected to cooperate with law enforcers
1. The Court and the Criminal Justice
and investigators, by reporting crimes and
System by Honorable Chief Justice
giving evidence against the offenders.
Andres Narvasa, Supreme Court of the
Attorneys in legal practice, or pertaining
Philippines.
to associations commited to giving legal aid
2. Rules of Court (Rules 110 to 127).
to indigent or otherwise deserving
3. P r e s i d e n t i a l D e c r e e N o . 1 2 7 5
individuals, should be reckoned as part of
(Reorganizing the Prosecution Staff of
the fifth component of the criminal justice
the Department of Justice and the
system, the community. They participate
Offices of the Provincial and City
directly or indirectly in the criminal justice
Prosecutors, Regionalizing the
system by giving advice to, or representing,
Prosecution service and Creating the
persons involved in criminal actions before
National Prosecution Service).
the proper authorities.
4. The Philippine Constitution.
The community component should also
5. Republic Act 296, as amended by Batas
include government institutions that play a
Pambansa 129, otherwise known as the
role in the criminal justice system, such as
Judiciary Act.
the Bureau of Posts—which delivers court
6. Executive Order No. 292 dated July 25,
notices; the Commission of Immigration and
1987, otherwise known as the
Deportation—which may prevent the
Administrative Code of 1987.
departure of suspects from the country; the
7. DOJ Order No. 223 dated June 30,
Bureau of Telecommunications—which
1993C (Revised Rules on Appeal from
transmits communications by telephone,
Resolutions in Preliminary
telegram or radio; and the government
Investigation/Reinvestigation).
hospitals and medical centers (like the
National Psychopathic Hospital)—which
furnish experts who may enlighten the
courts on issues involving medical or other
sciences, etc. Private institutions and civic
organizations should also be deemed part
thereof, since they may also have roles to
play in the criminal justice system.
CONCLUSION
The criminal justice system is not just
the agencies and persons charged with law
enforcement; not just the public
prosecution, nor the courts, nor just the
penal and correctional system, nor just the
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