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PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 4
COURT PILLAR

THE THIRD PILLAR OF THE CRIMINAL JUSTICE SYSTEM

COURT is the entity in the government organized for the proper administration of justice at the time and
place prescribed by law. It is an entity in which a portion of the judicial power is vested. The court is situated
between the prosecution and correction, the court is the centerpiece of the five pillars in our criminal justice
system. The court is an organ of the government belonging to the judicial department whose function is the
application of the laws to controversies brought before it and the public administration of justice.

GENERAL FUNCTIONS OF THE COURTS IN RELATION OF THE CJS

1. To protect the rights of the accused – the courts are responsible for reviewing the actions of law
enforcement agencies to ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime – review all the evidence presented
by the police to determine its relevance and admissibility in accordance with the Constitution and the rules
of Court.
3. To dispose properly of those convicted of the crimes – the Courts have the responsibility to examine the
background of the accused and the circumstances of the crime.
4. To protect the society – after the accused has been found guilty, the court may determine if the offender
should be removed from society and incarcerated in order to protect the safety of life and property, and
this is specially in case of Probation.
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper penalty and
sanctions that will serve to deter the future criminal acts by the offender an also serve as an example and
deterrent to others who would commit criminal acts or threaten public safety.

FUNCTION OF COURT

The primary function of a Court of Justice is the dispensation of justice. In the performance of this
function, the court decides actual controversies brought before it, and interprets the laws of the state.

CRITERIA FOR THE ADMINISTRATION OF JUSTICE

Rule 135, Section 1 of the Rules of Court provides that “Justice shall be impartially administered without
unnecessary delay.” Impartial administration signifies the courts will try cases without bias or prejudice, the
judge acting objectively at all times. The term “without unnecessary delay” means that the relief sought by the
action must be accorded immediately, provided the parties have been given their day in court.

IMPORTANCE OF THE COURT

The court is important in the administration of the CJS because the court

The court, as the third pillar of justice is looked upon as:

1. The final arbiter of justice.
2. The front line defender of democracy, freedom and human dignity.
3. The only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society.
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Basic principle in law that we are a government of law and that no one should put the law into one’s own
hand.

ACQUISITION OF COURT OVER A CASE

The court acquire jurisdiction over the case upon filing of the information. The determination whether or
not the court is the proper court of jurisdiction is determined by the allegations in the information. That is in
accordance with the nature of the offense or the imposable penalty upon the offense committed and the territorial
jurisdiction of the court.

JURISDICTION OF THE COURT OVER A PERSON

Jurisdiction over the person of the accused is acquired through his arrest or by his voluntary submission
to the custody of the proper authorities.

COURT DISTINGUISHED FROM JUDGE

Court Judge
The court is an entity. The judge is a person appointed to a court.

The court possess the element of stability and The judge may come and go anytime.
permanency.

Court may exist without a judge. There may be a judge without a court.

ROLE OF THE JUDGES IN CRIMINAL CASE

They are charged with the responsibility of making sure that attorneys follow the rules in the
administration of justice. They determine whether a person will be free or be imprisoned for how long. It is
because at the sentencing, the judge will determine the guilt or innocent of the accused.

DIFFERENT COURTS

a. Municipal Trial Court

b. Municipal Circuit Trial Court
c. Metropolitan Trial Court

Original Jurisdiction:
(a) All violations of city and Municipal ordinances
(b) All offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of fine
(c) Damage to property through criminal negligence

d. Regional Trial Court (RTC)

Original Jurisdiction:
(a) Those which carry the penalties exceeding six (6) years of imprisonment,
(b) Those not covered by the jurisdiction of the Sandiganbayan.
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e. Sandiganbayan

Original Jurisdiction:
Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA 1379, ad Chapter II, Section 2 Title
VII, f Book II of the RPC.
1. Officials of the executive branch of the government occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher.
2. Philippine Army and Air force colonels, naval captain and all officers of higher rank.
3. Officer of the PNP (provincial director and those holding the rank of senior superintendent or
higher

f. Court of Appeals.

Appellate jurisdiction: Decisions or judgements of the RTC

g. Supreme Court

Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan.

COURT EXERCISE OF DISCRETION

a. Set bail or set condition for the release of the accused.

b. Rule on the procedural matters as raised by the defendant or the prosecutor during the trial.
c. Impose sentence or not.
d. Convict or to acquit the accused.
e. Revoke probation or suspend sentence.
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JURISDICTION AND VENUE

Jurisdiction is the authority of the court to hear and try a particular offense and to impose the punishment
provided by law.

Venue refers to the place, location or site where the case is to be heard on its merits.

Jurisdiction is conferred by law while venue is not.

JURISDICTION OF CRIMINAL COURT

Courts Original Jurisdiction Appellate Jurisdiction

MTC/ a. All violation of city and None

MCTC/ municipal ordinances committed
MeTC within their respective
jurisdiction.

b. Over all offenses punishable

with imprisonment not exceeding
6 years irrespective of the amount
of fine

c. Damage to property through

criminal negligence.

Courts Original Jurisdiction Appellate Jurisdiction

RTC a. In all cases not within the
exclusive original jurisdiction of
any court, tribunal or court; in
other words, those which carry the
penalties exceeding 6 years of
imprisonment.
From decision of judgments of
the MTC/MCTC/MeTC over
letter b and c of their original
jurisdiction.

b. Those not covered by

jurisdiction of the Sandiganbayan.

Courts Original Jurisdiction Appellate Jurisdiction

Sandiganbayan a. Violation of RA 3019 (Anti- Decisions or judgment of the

graft and Corrupt Practice Act), RTC over cases committed by
RA 1379 and Chapter II, Sec 2, public officers under its original
Title VII of RPC. jurisdiction in letter.

1. Officials of the executive

branch occupying the
positions of regional
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director and higher,

otherwise classified grade
27 or higher.

A) PA and PAF colonels,

Navy Captain and all
officers of higher rank.
B) Officers of the PNP while
occupying the position of
provincial director and
those holding the rank of
senior superintendent or
higher

Courts Original Jurisdiction Appellate Jurisdiction

Court of Appeals None From the decisions or judgments
of the RTC on:
a. Question of facts
b. Question of laws
c. Both question of facts or
law.
Supreme Court None From the decisions or judgments
of the Sandiganbayan and Court
of Appeal involving question of
laws only

STAGES AND ACTIVITIES IN COURT

Motion to Quash

The term “quash” literally means to put a stop.

The following are the ground for Motion to Quash:

• The facts charged do not constitute an offense.
• The court trying the case has no jurisdiction over the offense charged.
• The court trying the case has no jurisdiction over the person of the accused.

It does not conform substantially to the prescribed form. More than one offense is charged except when a
single punishment for various offense is prescribed by law. The criminal action or liability has been extinguish.
It contains averment s which if true, would constitute a legal excuse or jurisdiction. The accused has been
previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise
terminated without his consent.
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FLOW CHART FROM FILING INFORMATION TO ARRAIGNMENT

Filing of Information

Dismissal by Court Issuance of warrant of arrest

commitment order

Aggrieved party appeals against

the order of issuance of warrant
of arrest

Appellate court found Appellate court does not

probable cause find probable cause

Affirm issuance of
warrant of arrest

Petition for Bail Preventive Detention

Arraignment

ARRAIGNMENT

It is the stage where the issues are joined in criminal action and without which the proceedings cannot
advance further or, if held, will otherwise be void. The one made in open court by the judge or clerk of court
furnishing the accused of a copy of the complaint or information, reading the same in a language or dialect known
to him, and asking him whether he pleads guilty or not guilty.

ARRAIGNMENT AND PLEA

The accused must be arraigned before the court where the complaint or information was filed or assigned
for trial. The accused shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference
of his case shall be held within ten (10) days after arraignment. Plea of guilty to a lesser offense. At arraignment,
the accused, with the consent of the offended party and prosecutor, may be allowed by the trial court to plead
guilty to a lesser offense which is necessarily included in the offense charged.
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FLOW CHART FROM ARRAIGNMENT TO FINAL CONCLUSION OF CRIMINAL CASE

Arraignment

Plea of Guilty Plea of Not Guilty or

Refusal to Plead

Presentation of Pre-trial
Evidence to Determine
Voluntariness of Plea
and Degree of
Culpability
Trial

Judgment

Acquittal Conviction

Motion for
Judgment becomes
Reconsideratio Appeal
final and executory
n or New Trial

PRE-TRIAL

It is mandatory in criminal cases. In all criminal cases cognizable by the Sandiganbayan, RTC, MTC, and
MCT Court, The court shall, after arraignment and within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of
the Supreme Court, order a pre-trial conference.

It is a conference between the accused and the prosecution to settle some matters. All agreements or
admissions made or entered into during the pre- trial conference shall be reduced to writing and signed by the
accused and counsel, otherwise the same shall not be used as evidence against the accused.

PURPOSE OF PRE-TRIAL

a. plea bargaining
b. stipulation of facts
c. marking for identification of evidence of the parties
d. waiver of objections to admissibility of evidence
e. modification of the order of trial if the accused admits the charge but interposes a lawful defense
f. such matters as will promote a fair and expeditious trial
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PLEA BARGAINING

It is the process whereby the accused, the offended party and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty
to a lesser offense or to only one or some of the counts of a multi- count indictment in return for a lighter sentence
than that for the graver charge.

TRIAL

It is the examination before a competent tribunal according to the laws of the land, of facts put in issue in
a case for the purpose of determining such issue. Trial once commenced shall continue from day to day as far as
practicable until terminated. It may be postponed for a reasonable period of time for good cause. In no case shall
the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise
authorized by the Supreme Court.

ORDER OF TRIAL

In criminal cases, the trial shall proceed in the following order:

1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
2. The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of
a provisional remedy in the case.
3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
4. Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the
court directs them to argue orally or to submit written memoranda

REQUISITES FOR THE DISCHARGED OF THE ACCUSED TO BECOME A STATE WITNESS

1. There is absolute necessity for the testimony of the accused whose discharge is requested
2. There is no other direct evidence available for the proper prosecution of the offense committed, except the
testimony of the said accused
3. The testimony of said accused can be substantially corroborated in its material points
4. Said accused does not appear to be the most guilty
5. Said accused has not at any time been convicted of any offense involving moral turpitude

JUDGEMENT

It is the law’s final word pronounced by a competent authority in a controversy submitted. It is an

adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the
proper penalty and civil liability.

It must be written in the official language, personally and directly prepared by the judge and signed by
him and shall contain clearly and distinctly a statement of the facts and the law upon which is based.

PROMULGATION OF JUDGEMENT

The judgment is promulgated by reading it in the presence of the accused and any judge of the court in
which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the
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presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment
may be promulgated by the clerk of court.

WEIGHT OF EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED

The weight of the evidence required in order to convict an accused is “Proof beyond reasonable doubt”.

ACQUITTAL

It is a finding of not guilty based on the merits, that is, the accused is acquitted because the evidence does
not show that his guilt is beyond reasonable doubt, or a dismissal of the case after the prosecution has rested its
case upon motion of the accused on the ground that the evidence fails to show beyond reasonable doubt that the
accused is guilty.

CONVICTION

In order to convict the accused of the charge the weight of evidence required is “proof beyond reasonable
doubt”.

Reasonable doubt is defined as the state of the case which, after full consideration of all evidence, leaves
the mind of the judge in such a condition that he cannot say that he feels an abiding conviction to a moral certainty
of the truth of the charge.

APPEAL

It is a statutory right granted to the accused or even the government in proper case to seek remedy before
an appellate court for the annulment or reversal of an adverse decision or conviction rendered by the trial court.
It is a proceeding for review by which the whole case is transferred to the higher court for a final determination.

PERIOD WHEN IS APPEAL TAKEN

An appeal must be filed within fifteen (15) days counted from the promulgation or notice of the judgment
or order appealed from.

LOCATION WHERE IS THE APPEAL TAKEN

Appeal is taken to the:

1. RTC, in cases decided by the MTC, MTCC, MeTC, or MCTC.
2. CA or to the SC in the proper cases provided by law, in cases decided by the RTC.
3. SC, in cases decided by the CA.

PERSON WHO HAS THE RIGHT TO APPEAL

As a rule, this right is only granted to the convicted offender. However, the Supreme Court in one of its
landmark decision held that the right to appeal shall not be denied to the government prosecutor when proper.