Professional Documents
Culture Documents
Justice System
What is a COURT?
The center pillar of the criminal justice system
To resolve disputes between citizens and state government
Determine the guilty the innocent and impose punishment
It is the court that everyone turns for justice
Is the final arbiter of justice in a democratic society like
Philippines
Plays a vital role in the attainment of the goals and objectives
of the criminal justice system by helping the government, to
keep the peace, decide controversies, and perform
administrative role.
The last citadel of hope for fair administration of justice
The court plays a dual role in the Philippine criminal justice
system.
JURISDICATION JUDGEMENT
VENUE
governmental body officially assembled under
COURT
authority of law at the appropriate time and
place for the administration of justice through
which the state empowers its sovereign rights
and power.
the authority to hear and determine a
JURISDICTION
cause
(ex.Herrera vs.barreto&joaquin.
is the site or location where the
VENUE
case is to be tried on the merits.
is the security given for the release of a person in
BAIL
custody of the law, furnished by him or a bondsman.
Conditioned upon his appearance before any court as
required under the conditions in after specified.
Bail maybe given in the term of :
-corporate
-surety
-property bonds
-cash deposit
-recognizance
is the adjudication by the court that accused
JUDGEMENT
is found guilty or not guilty of the offense
charged,and the imposition of the proper
penalty and civil liability provided for by the
law on the accused.
Court: The Power of the Judiciary
Metropolitan Trial Court municipal circuit trial court and the municipal trial courts
have exclusive original jurisdiction among others,overall
violations of the city or municipal ordinances committed
within their respective territorial jurisdiction and all
offenses punishable with imprisonment of not to exceed
four (4)years and two(2)months,or fine of not more than
(4000)both such fine and imprisonment regardless of other
imposable accessory or other penalties.
Municipal Trial Court created in each of the municipalities that are not
comprised within a municipal cicuit.
Shari’a Courts
the Shari’a courts are equivalent to regional trial courts but are found in
some provinces in Mindanao where the Muslim code on personal laws is
enforced.
ROLE OF THE COURT
in its capacity as participant, the court must decide the culpability or
innocence of the accused after careful examinations of the records of
the case after its trial on the merit. If the, prosecution successfully
proves the guilt of the accused beyond reasonable doubt.
The accused must be arraigned before the court where the complaint or
information was filed or assigned for trial
The accused must be present at the arraignment and must personally enter
his plea
When the accused refuses to plead or makes a conditional plea , a plea of not
guilty shall be entered for him
When the accused is under preventive detention, his case shall be raffled and
its records transmitted to the judge to whom the case was raffled within
three (30 days from the filing of the information or complaint .
The arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused
Plea of guilty to a lesser offense
Pre-trial Order
After the pre-trial conference, the court shall issue an order reciting the
actions taken, the facts stipulated, and evidence marked.
Trial (Rule 119)
Time to prepare for Trial
After a plea of not guilty is entered, the accused shall have at least fifteen(15) days to
prepare for trial.
The trial shall commence within thirty(30) days from receipt of the pre-trial order.
The trial shall commence within thirty (30) days from the notice of the order
If the period becomes impractical due to unavailability of witnesses and other
factors, the court may extend it but not to exceed one hundred eighty (180) days
from the notice of said order of a new trial.
Extended Time Limit
For the first twelve calendar-month period, the time limit with respect to
the period from arraignment to trial is one hundred eighty (180) days
For the second twelve calendar-month period, the time limit shall be one
hundred twenty (120) days
For the third twelve calendar-moth period, the time limit shall be eighty
(80) days
Remedy where accused is not brought to trial
within the time limit
If the accused is not brought to trial within the time limit required by
section 1 ,Rule 116 and section 1 , as extended by section 7 of this rule,
the information may be dismissed on motion of the accused on the ground
on denial of his right to speedy trial
The accused shall have the burden on providing the motion but the
prosecution shall have the burden of going forward with the evidence to
establish the exclusion of time
a) The prosecution shall present evidence to prove the charge and , in ht proper
case, the civil liability
b) The accused may present evidence to prove his defense and damages if any,
arising from the issuance of a provisional remedy in the case.
c) 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 beating upon the main issue.
d) 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.
e) When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
Bail to secure appearance of material witness
When two or more persons are jointly charged with an offense, they shall be
tried jointly unless the court, in its discretion and upon motion of the
prosecution or any accused, orders separate trial for one or more accused.
The judge may, motu proprio, exclude the public in the courtroom if the
evidence to be produced during the trial is offensive to decency or public morals.
He may also, on motion of the accused, excused the public from the trial except
court personnel and the counsel of the parties.
Reopening
At any time before finality of the judgment of conviction, the judge may, motu
proprio or upon motion, with hearing in either case , reopens the proceedings to
avoid a miscarriage of justice.
The proceeding shall be terminated within 30 days from the order granting it.
Judgement ( Rule 120 )
In case the judgement is of acquittal, it shall state whether the evidence of the
prosecution absolutely failed to prove the guilt for the accused merely failed to
prove his guilt beyond reasonable doubt.
Judgement for Two or More Offense
1) That errors of law or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial
2) That new and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produce at the trial and which if introduce
and admitted would probably change the judgment
The court shall grant consideration on the ground of errors of law or fact in the
judgement, which requires no further proceedings.
Effects of Granting a new Trial or Reconsideration
1) When a new trial is granted , all the proceedings and evidence affected
thereby shall be set aside and taken anew. The court may, in the interest
of justice, allow the introduction of additional evidence.
2) When a new trial granted on the ground of newly-discovered, the evidence
already adduced shall stand and the newly-discovered and such other
evidence as the court may, in the interest of justice, allow to be
introduced shall be taken and considered together with the evidence
already on record.
3) In all cases, when the court grants new trial or reconsideration, the original
judgement shall be set aside or vacated and a new judgement rendered
accordingly.
Appeal (Rule 122)
Who may appeal?
Any party may appeal from a judgement or final order, unless the accused will be placed
in double jeopardy
Where to appeal?
The appeal may be taken as follows:
a) To the Regional Trial Court, in cased decided by the Metropolitan Trial Court, Municipal
Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court
b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in
cases decided by the Regional Trial Court; and
c) To the Supreme Court, in cases decided by the Court of Appeals
When Appeal is to be taken?
An appeal must be taken within fifteen (15) days from promulgation of the judgement or
from notice of the final order appealed from
Appeal to the Regional Trial Court
1) Within five (5) days from perfection of the appeal, the clerk of court shall
transmit the original record to the appropriate Regional Trial Court.
2) Upon receipt of the complete record of the case, transcripts and exhibits,
the clerk of court of the Regional Trial Court shall notify the parties of such
fact.
3) Within the fifteen (15) days from receipt of said notice, the parties may
submit memoranda or briefs, or may be required by the Regional Trial
Court to do so. After the submission of such memoranda or briefs, or upon
the expiration of the period to file the same, the Regional Trial Court shall
decide the case on the basis of the entire record of the case and of such
memoranda or briefs as may have been filed.
Effect of Appeal by any of Several Accused
1) An appeal taken by one or more of several accused shall not affect those
who did not appeal, except insofar as the judgement of the appellate
court is favorable and applicable to the letter.
2) The appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appeal from.
3) Upon perfection of the appeal, the execution of the judgement or final
order appealed from shall be stayed as to the appealing party.
Procedure on the Municipal Trial Courts (Rule 123)
Uniform procedure
Within twenty (20) days from receipt of the brief of the appellee, the appellant
may file a reply brief traversing matters raised in the former but not covered in the
brief of the appellant.
Extension of time for the filing of briefs will not be allowed except for good and
sufficient cause and only if the motion for extension is filed before the expiration
of the time sought to be extended.
Form of brief
Contents of brief
The briefs criminal cases shall have the contents in section 13 and 14 on Rule
44. A certified true copy of the decision or final order appealed from shall be
appended to the brief of the appellant .
Section 13 of Rule 44
Section 13. Contents of appellant's brief. — The appellant's brief shall contain, in the order herein indicated,
the following:
(a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of
cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;
(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely
stated without repetition and numbered consecutively;
(c) Under the heading "Statement of the Case," a clear and concise statement of the nature of the action, a
summary of the proceedings, the appealed rulings and orders of the court, the nature of the judgment and any
other matters necessary to an understanding of the nature of the controversy with page references to the
record;
(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative form of the facts
admitted by both parties and of those in controversy, together with the substance of the proof relating thereto
in sufficient detail to make it clearly intelligible, with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted, to the court for its judgment;
(f) Under the heading "Argument," the appellant's arguments on each assignment of error with page references to
the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the
page of the report on which the citation is found;
(g) Under the heading "Relief," a specification of the order or judgment which the appellant seeks; and
(h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an appendix, a copy of the
judgment or final order appealed from. (16a, R46)
Section 14 of Rule 44
Section 14. Contents of appellee's brief. — The appellee's brief shall contain, in the order herein
indicated the following:
(a) A subject index of the matter in the brief with a digest of the arguments and page references,
and a table of cases alphabetically arranged, textbooks and statutes cited with references to the
pages where they are cited;
(b) Under the heading "Statement of Facts," the appellee shall state that he accepts the statement
of facts in the appellant's brief, or under the heading "Counter-Statement of Facts," he shall point
out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts
with references to the pages of the record in support thereof, but without repetition of matters in
the appellant's statement of facts; and
(c) Under the heading "Argument," the appellee shall set forth his arguments in the case on each
assignment of error with page references to the record. The authorities relied on shall be cited by
the page of the report at which the case begins and the page of the report on which the citation is
found. (17a, R46)
Dismissal of appeal for abandonment of failure to prosecute
The Court of Appeals may, upon motion of the appellee or motu proprio and with
notice to the appellant in either case dismiss if:
the appeal if the appellant fails to file his brief within the time prescribed by this
rule, except where the appellant is represented by a counsel de officio
The Court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in
cases:
a) Falling within its original jurisdiction
b) Involving claims for damages arising from provisional remedies, or
c) Where the court grants a new trial based only on the ground of newly-discovered
evidence
Reconsideration