PHIL. COURT SYSTEM & PROCEDURE magfile ng case, if there is no need at all.

Need
LM 31811 ng advice mula sa prosecutor.

Atty. Eugene Kho

 May Court interpreter para i-explain sa
tao at pakinggan ang plea (Guilty or
TOPICS TO COVER not)

 Court jurisdiction
 Civil and criminal procedure
Criminal complaints in Manila or cities, it needs
 Evidence
to past through the prosecutors usually if it is
 Special civil actions
required or mandated doon sa city.
 Provisional remedies
 Special proceedings Sa ibang provinces they can file kaagad sa police
pero police are not that adequate sa pag-file ng
NOTE: Huwag lang dapat layman’s perspective
complaint, kasi there are instances na yung
Criminal is not equal with civil cases complaint is not responsive to the situation.
Prosecutors try to rectify yung complaint para
Quo Warranto against Sereno mas maging maayos yung takbo ng kaso if ever.
Rule on evidence

REFERENCES: Tan (Criminal) Prosecutors have to screen the complaint and

the situation in order to check kung kailangan
ba magcomplaint or no need na.
GENERAL PRINCIPLES AND JURISDICTION

- People vs mariano (JURISDICTION)

Res Judicata

Under the rules of court that a criminal action is

practicaly where the state prosecutes a person.. All cases are subject to mediation.

Kaya generally it’s always People of the phil. Vs

etc. CIVIL ACTION
In criminal actions, Rule 110-127 Petition muna bago mag prosecutor unlike sa
The right of the state to prosecute or enact CRIMINAL ACTION.
certain laws with police power (The use of You go directly sa court, and file the necessary
revised penal code) complaint or claim. When you file a civil case,
may corresponding fee to pay which is Docket
fees.
CRIMINAL ACTION

Pasa muna ng complaint sa prosecutor bago

makasampa ng kaso, kasi may option na huwag Plaintiff and Defendant ang tawag.( CIVIL
CASES)
Prosecution and Defense naman sa CRIMINAL MTC (courts in the provinces)
CASES

One may also be asking for damages and MTCC (Municipal trial courts in the city) - labas
reparations. (Criminal) ng metro manila

MCTC – for places that do not have court

A crime is a general term, violation of a law

A felony – violation of revised penal code we also need to consider that there are diff.
rules that may need to apply
Offense - Violation of special law

Infraction- Violation of ordinance

rules on electronic evidence like text messages
as evidence but may be submitted as hardcopy
Mala probihita (what the hell is this) vs Mala In lang dapat pala lol
se

Court of Records (Must research about this)

Citizen arrest is allowed in our jurisdiction.

Public Crimes- pertains to crime that anyone

Venue(TERRITORY) is jurisdictional if a crime
can prosecute it. Even without a complainant it
happens in a certain locality, that locality has
can be filed. Example: Violation of using drugs
the juris. Or the power to hear the case.
(Police officers can arrest those who are caught)
Ex. Crime committed with a penalty of 6 years

They file it at first level courts (MTC and etc.)

Private Crimes- usually these are acts of
seduction…. Private offense which cannot be Continuing Crime – ( must search for this)
prosecuted except upon a complaint filed by
Cyber Libel
the aggrieved party
More than 6 years ang penalty (second level of
court na) so RTC siya
Sources of our criminal procedure

- 1987 consti
Valid jurisdiction over the person of the
- Revised rules of criminal procedure
accused
- Judiciary …. act of 1980
- RA 7691 - When the accused himself voluntarily
appears
SC can rewrite written laws or do amendments
- When a person subsequently
First level courts = refers to MTC, MTCC disaooears bale need ng warrnt of
arrest para mahanap
MTC (are courts in metro manila)
The case will be dismissed kapag walang
jurisdiction or power to hear the case.