COURT PILLAR

COURT

• Is a body to which the public administration of justice is delegated

being a tribunal officially assembled under the authority of law at
the appropriate time and place for the administration of justice.
• A time when, a place where and persons by whom judicial
functions are to be exercised are essential to complete a court, in
contemplation of law.
 JUDGE

• Is a public officer so named in his commission (written

evidence of appointment) and appointed to preside and
to administer the law in a court of justice.
• A court is an incorporeal entity composed of one or
more judges. It has a personality separate and
distinct from the men who composed it.
• A judge alone does not necessarily constitute a court
for while he is an indispensable part, he is only a
part of the court.
 COURTROOM WORK GROUP
• COURT ADMINISTRATORS:
• THESE GOVERNMENT EMPLOYEES ARE USUALLY APPOINTED BY A
STATE COURT OF LAST RESORT TO ACT AS A STATEWIDE COURT
ADMINISTRATOR.
• COURT CLERKS:
• THEY ARE RESPONSIBLE IN MAINTAINING THE COURT’S RECORDS, PREPARING
DAILY CALENDARS, CALLING CASES BEFORE THE JUDGE, CONTROLLING
EVIDENCE IN COURT, AND COLLECTING FINES AND COURT COSTS.
• BAILIFFS:
• PERFORM A VARIETY OF DUTIES INCLUDING MAINTAINING ORDER IN
THE COURT, ANNOUNCING JUDGE ENTRY INTO THE COURT ROOM,
CALLING WITNESSES, CONTROLLING DEFENDANTS, AND
SUPERVISING JURIES.
• COURT REPORTERS:
• SOMETIMES REFERRED TO AS COURT STENOGRAPHERS, THESE
PEOPLE REPORT EVERYTHING SAID IN COURT.
• WITNESSES:
• EITHER LAY OR EXPERT, THE LAY WITNESS TESTIFIES IN COURT
ABOUT SOMETHING HE OBSERVED IN A CRIME. AN EXPERT WITNESS
ONE PROVIDES THE COURT WITH INFORMATION ON A SPECIAL
TOPIC RELEVANT TO EVIDENCE PRESENTED IN COURT.
 THE ROLES OF THE COURT IN THE CRIMINAL JUSTICE SYSTEM:

• 1. to settle actual controversies involving rights which are

legally demandable and enforceable.
• 2. to determine whether there has been grave abuse of
discretion amounting to lack of excess of jurisdiction on the
part of any branch or instrumentality of the government.
• 3. to render authoritative judgments.
• 4. the final arbiter for justice.
• 5. the frontline of democracy, freedom and human dignity.
 THE ROLES OF THE COURT IN THE CRIMINAL JUSTICE SYSTEM:

• 6. 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.
• 7. it is to the court that everyone turns to for justice.
• 8. it is twisted as a shield of innocence in the impartial guardian of every
private civil rights.
• 9. it is in the court that our citizens primarily feel the keen cutting edge of the
law.
• 10. the only constitution capable of identifying and maintaining the proper
balance between the conflicting rights of the state and society.
 THREE IMPORTANT FUNCTIONS OF COURTS:

• 1. resolve disputes that while offer routine are

crucial to those involved
• 2. provide protection from illegal actions by
government and individuals
• 3. occasionally resolve disputes of great political
and social significance
 ORDER OF TRIAL

•ARRAIGNMENT
•PRE-TRIAL
•TRIAL
•JUDGMENT
•APPEAL
 ARRAIGNMENT
• Is the legal mechanism whereby an accused is brought before the
court wherein the complaint/charge against him is read by the clerk
of court in the presence of his lawyer and the prosecutor in which the
accused is to announced his plea.
• the arraignment shall be made in open court, reading the information in a
language or dialect known to him, and asking him whether he pleads guilty or
not guilty.
• when the accused refuses to plead or makes conditional plea, a plea of not
guilty shall be entered for him.
 after arraignment but before trial,
the accused may still be allowed to plead guilty to a lesser
offense after withdrawing his plea of not guilty.

• the accused with the consent of the offended party and the
prosecutor may be allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in the offense charged.
• “the accused may plead guilty to a lesser offense only with the
consent of the offended party and the prosecutor to a lesser offense
which is included in the offense charged. so, if the offense charged
is murder, the accused may be allowed to enter a plea of guilty to
the offense of homicide which is necessarily included in murder.
 PLEA BARGAINING
• It can be defined as the process of discussion or
negotiation of an agreement between the prosecution
and the defense
• whereby the defendant pleads guilty to a lesser offense or
(in the case of multiple offenses) to one or more of the
offenses charged, in exchange for more lenient
sentencing, recommendations, a specific sentence, or a
dismissal of other charges.
 CONNOTES
• Supporters claim, plea bargaining speeds court proceedings and
guarantees a conviction;
• Opponents believe it prevents justice from being served.

• Whenever, a sentence may carry a long prison term, defendants will

not plead guilty unless they have something to bargain by making a
guilty plea.
• Because defendants naturally want a lesser punishment, their motive
for pleading guilty is the expectation of lighter sentence than they
would probably receive if they plead not guilty but being convicted after
the trial.
 DEFENSE COUNSEL’S INCENTIVE TO PLEA BARGAIN

• THERE ARE THREE (3) TYPES OF LEGAL PRESENTATION

AVAILABLE TO CRIMINAL DEFENDANT’S:
• 1. LAWYERS WHO ARE HIRED BY THE DEFENDANTS AS PRIVATE
COUNSEL.
• 2. A PUBLIC DEFENDER FOR INDIGENT DEFENDANTS GIVEN
FREE BY THE GOVERNMENT; AND
• 3. COURT- ASSIGNED COUNSEL
 ADVANTAGES OF PLEA

• 1. PLEA BARGAINING ALLOWS THE COURTS TO CONTROL OVERCROWDED

DOCKETS TO REDUCE COURT BACKLOGS TO PROVIDED SPEEDY JUSTICE.
• 2. PLEA BARGAINING ALLOWS THE FISCAL TO SECURE CONVICTIONS IN
“BAD ARREST” AND OTHER LEGALLY WEAK CASES WHERE OFFENDER
WOULD OTHERWISE BE RELEASED.
• 3. IN THE OVER- ALL PICTURE, PLEA BARGAINING ACTS IN THE BEST
INTEREST OF SOCIETY RATHER THAN ON BEHALF OF THE VICTIM BY
FACILITATING CONVICTIONS THEREBY TAKING THE CRIMINAL OFF THE
STREET.
 ADVANTAGES OF PLEA
• 4. IN SOME CASES, SUCH AS RAPE, PLEA BARGAINING SAVES VICTIM FROM
HUMILIATION AND TRAUMA BECAUSE THERE IS NO MORE PUBLIC TRIAL.
• 5. IN PLEA BARGAINING, THERE IS NO MORE TRIAL. THE DECISION IS FINAL
THERE IS NO APPEAL.
• 6. WITHOUT EXTENSIVE RELIANCE ON PLEA BARGAINING TO DISPOSE OF
CASES; THE ENTIRE ADMINISTRATION OF CRIMINAL JUSTICE MAY
COLLAPSE. THE NUMBER OF JUDICIAL PERSONNEL HAS NOT KEPT PACE
WITH THE INCREASING WORKLOAD CAUSED BY THE ENACTMENT OF NEW
CRIMINAL LAWS.
• 7. THE FUNDS, THE FACILITIES AND PERSONNEL NECESSARY FOR
CRIMINAL COURTS ARE TOO INADEQUATE.
 DISADVANTAGES OF PLEA BARGAINING
• 1. RESEARCH SHOWS THE WORST ENEMY OF PLEA BARGAINING IS POLICE. THERE IS NOTHING
SO DEMORALIZING TO THE POLICE BUT TO SENTENCE THE CRIMINAL WHO HE ARRESTED FOR
MURDER, AFTER WORKING ON THE CASE FOR ALMOST A YEAR, TO A SIMPLE HOMICIDE. IN
DOING THEIR WORK, THE POLICE ARE SOMETIMES KILLED, TO PLEA BARGAIN HIS CASE IS TO
SUBJECT HIM TO HUMILIATION.
• 2. PLEA BARGAINING PROVIDES THE OPPORTUNITY FOR PROSECUTORS AND DEFENSE
COUNSEL TO PLACE THEIR ECONOMIC AND OCCUPATIONAL NEEDS AHEAD OF THE
FUNDAMENTAL INTEREST OF CRIMINAL JUSTICE.

• 3. BARGAIN- BASEMENT JUSTICE IS ALWAYS MORE OF A BARGAIN FOR THE DEFENDANT THAT IT
IS FOR THE GOVERNMENT AND SOCIETY.
• 4. PLEA BARGAINING UNDERMINES THE BASIC PREMISE OF CRIME AND PUNISHMENT THAT THE
FOUNDATION OF CRIMINAL LAW AND CRIMINAL JUSTICE SYSTEM.
• 5. THE SAVING FACTOR, IN TERMS OF CRIMINAL DEFENDANT, IS THAT WITH VERY RARE
EXCEPTIONS THE TRULY INNOCENT DON’T PLEAD GUILTY.
STRUCTURE OF COURTS
 FIRST LEVEL COURTS
• MUNICIPAL TRIAL COURTS,
• MUNICIPAL TRIAL COURTS IN CITIES,
• MUNICIPAL CIRCUIT TRIAL COURTS AND
• METROPOLITAN TRIAL COURTS

• Metropolitan trial court is created in each metropolitan area established by law.

• Municipal circuit trial court is established in each area defined as a municipal circuit comprising of
two or more cities and /or more municipalities that are not comprised within a metropolitan area
and a municipal circuit.
• Municipal trial courts in the towns and cities in the metropolitan manila area, as distinguished from
the other political subdivisions in the Philippines, are referred to as metropolitan trial courts.
• In cities outside metropolitan manila, the equivalent of the municipal trial courts are referred to as
municipal trial courts in cities.
 SECOND LEVEL COURTS
• They are courts of general jurisdiction, they try and decide not only the
particular classes or kinds of cases assigned to them by law, but also
those are not otherwise within the jurisdiction of courts of first level.
RTC’s also exercise appellate jurisdiction to review cases appealed
from lower courts.
• RTC’s are establish across the regions in the Philippines. There are as many RTC in each
region as the law mandates.

• REGIONAL TRIAL COURTS (RTC’S).

 THIRD LEVEL COURTS
• COURT OF APPEALS.

• An appellate court, reviewing cases appealed to it from

regional trial courts. It may review questions of fact or
mixed questions of fact of law.
• COURT OF APPEALS
• COMPOSED OF A PRESIDING JUSTICE
• 68 ASSOCIATE JUSTICES
• APPOINTED BY THE PRESIDENT
• the court sits by divisions,
• each division being composed of three members.
• The court may sit en banc for the purpose of exercising
• administrative,
• ceremonial or
• other non-adjudicatory functions.
 FOURTH LEVEL COURT
• SUPREME COURT

• Exercises appellate jurisdiction over cases decided by the court of

appeals or regional trial courts.
• Appeals in the supreme court are never a matter of right. The only
exception is when the penalty of death, reclusion perpetua, or life
imprisonment have been imposed by the either RTC or CA;
Indeed, when the death penalty is imposed, the case
automatically goes up to the supreme court for review, even if the
accused does not appeal.
 SUPREME COURT

• COMPOSITION
• ONE CHIEF JUSTICE
• 14 ASSOCIATE JUSTICES
• APPOINTED BY THE PRESIDENT
• A LIST OF RECOMMENDEES PRESENTED BY THE JUDICIAL AND BAR COUNCIL.

• SITTING PROCEDURE
• MAY SIT IN EN BANC
• IN DIVISONS OF 3,5, OR 7MEMBERS
• PURPOSE OF SITTING IN DIVISIONS: TO INCREASE THE CAPACITY OF
THE SC TO DISPOSE CASES PENDING BEFORE IT.
 POWERS OF SC
1.Exercise jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2.Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the
law or the rules of court may provide, final judgments and orders of the
lower courts in:
1. all cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question;
2. all cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto;
3. all cases in which the jurisdiction of any lower court is in issue;
4. all criminal cases in which the penalty imposed is reclusion perpetua or higher;
5. all cases in which only an error or question of law is involved;
3. assign temporarily judges of lower courts to other stations as public
interest may require. such temporary assignments shall not exceed six
months without the consent of the judge concerned.
4. order a change of venue or place of trial to avoid a miscarriage of justice.
5. promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts; the
admission to the practice of law, the integrated bar; and legal assistance to
the underprivileged. such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts
the same grade, and shall not diminish, increase or modify substantive rights.
rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the supreme court.
6. appoint all officials and employees of the judiciary in accordance with the
civil service law (sec. 5 , id.).