INTRO TO PHILIPPINE CRIMINAL JUSTICE before the court has a validity period of TEN (10)

SYSTEM (MIDTERM) days can be served only once within its validity
Jan Raymond M. Calimag RCrim period
PERSONAL PROPERTY TO BE SEIZED
V. CRIMINAL APPREHENSION a. Subject of the offense;
- the legal term for criminal apprehension is arrest. b. Stolen or embezzled and other proceeds, fruits of
ARREST/ APPREHENSION the
Arrest is the taking of a person into custody in order offense; or
that he may be bound to answer for the commission c. Use or intended to be used as the means of the
of an offense. commission of the offense.
Modes of Arrest CIRCUMSTANCES OF WARRANTLESS
1. arrest by virtue of a warrant SEARCH:
2. arrest without a warrant a. Warrantless search incidental to a lawful arrest
-An arrest may be made on any day and at any time under Sec. 12, Rule 128 Rules of Court
of the day or night, even on a Sunday. b. Seizure of evidence in plain view
WARRANT OF ARREST c. Search of a moving vehicle
an order in writing issued in the name of the People d. Consented warrantless search
of the Philippines, signed by a judge and directed to e. Customs search
a peace officer, commanding him to take a person f. Stop and frisk search, and
into custody in order that he may be bound to g. Exigent and emergency circumstances
answer for the commission of an offense shall
remain valid until the person to be arrested has been VII. CRIMINAL INVESTIGATION
arrested or has surrendered -is an art, which deals with identity and location of
CIRCUMSTANCES OF WARRANTLESS the offender and provides evidence of his guilt in
ARREST: criminal proceedings.
Arrest without warrant; when lawful.
- A peace officer or a private person may, without a
warrant, arrest a person: NATIONAL BUREAU OF INVESTIGATION
a. When, in his presence, the person to be arrested (NBI)
has committed, is actually committing, or is -The National Bureau of Investigation (NBI) saw its
attempting to commit an offense; inception on November 13, 1936 upon approval of
b. When an offense has just been committed and he Commonwealth Act No. 181 by the legislature
has probable cause to believe based on personal Tasked with organizing a Division of Investigation
knowledge of facts or circumstances that the person or DI patterned after the United States Federal
to be arrested has committed it; and Bureau of Investigation were Thomas Dugan, a
c. When the person to be arrested is a prisoner who veteran American police captain from the New York
has escaped from a penal establishment or place Police Department and Flaviano C. Guerrero, the
where he is serving final judgment or is temporarily only Filipino member of the United States Federal
confined while his case is pending, or has escaped Bureau of Investigation.
while being transferred from one confinement to On June 19, 1947, by virtue of Republic Act No.
another. 157, it was reorganized into the Bureau of
Investigation. Later, it was amended by Executive
Order No. 94 issued on October 4, 1947 renaming it
VI. SEARCHANDSEIZURE to what it is presently known, the National Bureau
-Search refers to the examination of an individual’s of Investigation (NBI).
person, house, papers or effects, or other buildings The NBI is a government entity that is civilian in
and premises to discover contraband or some character, and national in scope which is under the
evidence of guilt to be used in the prosecution of a Department of Justice.
criminal action PHILIPPHINE DRUG ENFORCEMENT
SEARCHWARRANT AGENCY (PDEA)
-an order in writing issued in the name of the People -created by the virtue of Republic Act 9165.
of the Philippine, signed by a judge and directed to -serves as the implementing arm of the Dangerous
a peace officer, commanding him to search for Drug Board (DDB).
personal property described therein, and bring it
-Responsible for the efficient and effective law The NPS is under the supervision and
enforcement of al the provisions on any dangerous control of the Department of Justice (DOJ)
drug and/or controlled precursor and essential and is tasked as the prosecutorial arm of
chemical as provided in RA 9165. the government.
-headed by Director General with the rank of - headed by a Prosecutor General
Undersecretary, appointed by the President. (formerly known as Chief State
-The head of the PDEA is assisted by 2 deputies Prosecutor) pursuant to R.A. 10071,
Director General, with the rank of Assistant otherwise known as the “Prosecution
Secretary, 1 for Operations and 1 for Service Act of 2010”.
Administration, also appointed by the President. PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry or
SECOND PILLAR: PROSECUTION proceeding to determine whether there is
Prosecution is the course of action or sufficient ground to engender a well-
process whereby accusations are brought founded belief that a crime has been
before a court of justice to determine the committed and the respondent is
innocence or guilt of he accused. probably guilty thereof and should be
In a criminal action, it is a proceeding held for trial (Sec. 112, Criminal
instituted and carried on by due course Procedure, Rules of Court).
of law, before a competent tribunal, for It is required to be conducted before the
the purpose of determining the guilt or filing of the information for an offense
The party in a criminal proceeding who where the penalty prescribed by law is at
instituted the criminal action is ca led the least 4 yrs, 2 mos. and 1 day.
prosecution. The party against whom the The purpose of conducting preliminary
criminal action was instituted is called investigation is to establish probable
the defense. cause.
In all criminal prosecutions, the real Probable cause refers to the existence of
offended party is the People of the such facts and circumstances as would
Philippines, for a crime is an outrage excite a belief in a reasonable mind,
against, and its vindication is in favor of, acting on the facts within the knowledge
the people in a sovereign state. Thus, all of the prosecutor, that the person
criminal cases are titled “People of the charged is guilty of the crime for which
Philippines vs. _____(the name of the he is prosecuted. It is the degree of
accused). evidence required in preliminary
investigation.
THE PROSECUTOR PERSONS AUTHORIZED TO CONDUCT
The prosecutor is the officer of the PRELIMINARY INVESTIGATION:
government whose function is the a. Provincial or City Prosecutors and their
prosecution of criminal actions partaking assistants;
the nature of criminal actions. He is also b. judges of the municipal trial courts and
referred to as public prosecutor and municipal circuit trial
fiscal. courts
THE NATIONAL PROSECUTION c. National and Regional State
SERVICE (NPS) Prosecutors; and
The NPS was created by virtue of d. other officers as may be authorized by
Presidential Decree No. 1275, entitled law.
“Reorganizing the Prosecution Staff of the e. other officers as may be authorized by
Department of Justice and the Offices of law:
the Provincial and City Fiscals, 1. Tanod bayan’s special prosecutors as
Regionalizing the Prosecution Service and authorized by
Creating the National Prosecution the Ombudsman
Service.” This law was enacted on April 2. COMELEC’s authorized legal officers in
11, 1978. connection
with election offenses
3. special prosecutors appointed by the is a sworn written statement charging a
Secretary of person with an, offense, subscribed by
Justice the offended party, any peace officer or
PROCEDURE FORPRELIMINARY other public officer charged ,with the
INVESTIGATION enforcement of the law violated.
(Section 3, Rule 112, Criminal INFORMATION
Procedure) an accusation in writing charging a
START person with an offense, subscribed by
│ the prosecutor and filed with the court.
│ An affidavit is a statement of facts
Filing of COMPLAINT with under oath.
WITNESS AFFIDAVITS & DOCUMENTS A subpoena is a process directed to a
│ person requiring him to attend and to
│ testify at the hearing or the trial of an
Investigating Prosecutor evaluates action, or at any investigation conducted
(Within 10 DAYS) under the law, or for the taking of his
│ deposition (Section 1, Rule 23, Rules of
┌─────────┴─────────┐ Courts).
│ │ INQUEST PROCEEDING
DISMISS ISSUE Inquest procedure is an inquiry made by
CASE SUBPOENA the duty prosecutor to determine the
│ legality of the arrest made especially
│ those arrests made without a warrant.
Respondent files Each police station or headquarters
COUNTER-AFFIDAVIT should in principle also have designated
(Within 10 days from receipt) inquest prosecutors to process inquest
│ procedures with a schedule of
│ assignments for their regular inquest
CLARIFICATORY HEARING duties
(OPTIONAL) This process requires the prosecutors to
│ resolve the complaint the police filed in a
│ prescribed period which varies depending
PROSECUTOR ISSUES on the gravity of the offense:
RESOLUTION Light penalties = 12 hours
(Finding Probable Cause) Correctional penalties = 18 hours
│ Afflictive penalties = 36 hours
│ RA 9165 (Drugs) = 24 hours
DOJ REVIEW RA 9372 (Terrorism) = 72 hours
│
┌───────────────┴─────────── BAIL
────┐ Bail is defined as the security given for
│ │ the release of the person in the custody
APPROVED of the law, furnished by him or the
DISAPPROVED bondsman, to guarantee his appearance
│ │ before any court as required under the
│ │ conditions as specified.
PROSECUTOR FILES CASE The purpose of bail is to secure the
INFORMATION IN COURT appearance of the accused before the
DISMISSED court when so required and to provide
│ the accused of his temporary liberty
│ while awaiting the processing and
COURT disposition of the case filed against him
COMPLAINT KINDS OF BAIL:
1. Property bond; VENUE
2. Corporate Surety; -Refers to the place, location or site
3. Cash Deposit; where the case is to be heard on its
4. Recognizance. merits.
REQUISITES FOR A VALID EXERCISE
THIRD PILLAR: COURT OF CRIMINAL JURISDICTION:
Court, as the third pi lar, is said to be the 1. The offense is one which the court is
centerpiece of the criminal justice by law authorized to take cognizance
system and its primary and most 2. The offense must have been
important function as a component of the committed within its territorial
criminal justice system is to decide jurisdiction
whether the accused is guilty or not 3. The person charged with the offense
guilty of the crime he is accused of must have been brought to its presence
committing. It is within the power of this for trial, forcibly, by warrant of arrest or
pi lar to end the process for the accused upon his voluntary submission to the
or to proceed with the next pillar, which court.
is correction.
- a body to which the public KINDS OF JURISDICTION
administration of justice is delegated, 1. General– when the court is empowered
being a tribunal officially assembled to decide al
under authority of law at the appropriate disputes which may come before it
time and place for the administration of except those assigned
justice through which the State enforces in other courts.
its sovereign rights and powers. 2. Limited– when the court has the
- a court is an organ of the government authority to hear and
belonging to the judicial department determine only a few specified cases.
whose function is the application of the 3. Original- when the court can try and
laws to controversies brought before it hear a case
and the public for the administration of presented for the first time
justice 4. Appellate– when the court can try a
JUDICIAL POWER case already heard
is the power to apply the laws to contests and decided by a lower court, removed
or disputes concerning legally recognized from the latter by
rights or duties of and between the state appeal
and the private persons or between 5. Exclusive– when the court can try and
individual litigants in cases properly decide a case
brought before the judicial tribunals. It is which cannot be presented before any
vested in one Supreme Court and in such other court
lower courts as may be established by 6. Concurrent– when any of two or more
law. courts may take
POWER OF JUDICIAL REVIEW cognizance of a case.
- is the power of the Supreme Court to
determine whether laws passed by THE PHILIPPINE JUDICIARY
Congress and acts of the President are in Batas Pambansa Blg. 129
accordance with the Constitution when - otherwise known as the Judiciary
the matter is raised. Reorganization Act of 1980 which defines
NOTE: All courts have judicial power but the organization, composition and
only the Supreme Court has the power of jurisdiction of the courts.
judicial review. I. REGULAR COURTS
JURISDICTION 1. SUPREME COURT (SC)
-It is the authority of the court to hear -the highest court of the land.
and try a particular offense and to -composed of a Chief Justice and 14
impose the punishment provided by law. Associate Justices.
- has appellate jurisdiction over cases -are Municipal Trial Courts in the cities in
decided by the Court of Appeals and has the Metropolitan Manila Area as
the power of judicial review. distinguished from the other political
-the court of last resort subdivisions in the Philippines.
2. COURT OF APPEALS(CA) II. SPECIAL COURTS
-headed by a Presiding Justice and 1. SANDIGANBAYAN
composed of sixty-eight (68) Associate -created under Presidential Decree No
Justices. 1606.
-has appellate jurisdiction over cases -Its rank or level is equal to that of the
decided by the Regional Trial Courts. Court of Appeals and Court of Tax
-It reviews not only the decisions and Appeals.
orders of the Regional Trial Courts -It is composed of a Presiding Justice and
nationwide, but also those of the Court of fourteen (14) Associate Justices.
Tax Appeals -This special court is tasked to handle
3. REGIONAL TRIAL COURTS (RTC) criminal cases involving graft and
-presided by a Regional Judge. corruption and other offenses committed
-has general jurisdiction over criminal by high- ranking public officers and
cases and has jurisdiction over offenses employees in connection with the
punishable with imprisonment of six (6) performance of their functions.
years and one (1) day and over. -It has original exclusive jurisdiction over
-has appellate jurisdiction over cases public officers accused of committing
decided by the MTCC, MTC, MeTC and crimes in relation to their official
MCTC. functions and whose salary grade is 27
4. Municipal Trial Courts/Municipal and above.
Trial Courts in Cities/Municipal 2. COURT OF TAX APPEALS (CTA)
Circuit Trial Court/Metropolitan Trial -created by Republic Act No 1125, as
Court amended by Republic Act No 9282.
Original Jurisdiction: (a) all violations -Its rank or level is equal to that of the
of city and municipal ordinances, (b) all Court of Appeals and Sandiganbayan.
offenses punishable with imprisonment -It is composed of a Presiding Justice and
not exceeding six (6) years irrespective five (5) Associate Justices.
of the amount of fine, (c) damage to - It has both the original and appellate
property through criminal negligence. jurisdictions over civil and criminal tax
cases involving the National Internal
Revenue Code, Tariff and Customs Code
MUNICIPAL TRIAL COURTS (MTC) and the Local Government Assessment
- every municipality in the Philippines has Code.
its own Municipal Trial Court and every 3. SHARI’A COURTS
MTC covers only one municipality. -created pursuant to Presidential Decree
MUNICIPAL TRIAL COURTS IN CITIES 1083, otherwise known as the Code of
(MTCC) Muslim Personal Laws of the Philippines.
- These are the equivalent of the -It has exclusive jurisdiction over cases
Municipal Trial Courts in cities outside that pertain to family rights and duties as
Metropolitan Manila. we l as contractual relations of Filipino
MUNICIPAL CIRCUIT TRIAL COURTS Muslims. And decisions rendered by the
(MCTC) Shari’a District Courts are final.
-A Municipal Circuit Trial Court is a JUDICIAL AND BAR COUNCIL (JBC)
municipal trial court which covers two or The Judicial and Bar Council, or JBC, is a
more body created by the 1987 Philippine
municipalities. Constitution under the supervision of the
METROPOLITAN TRIAL COURTS Supreme Court. It has the principal
(MeTC) function of recommending appointees to
the Judiciary. All justices and judges are
appointed by the President from a list of e. modification of the order of trial if the
at least three (3) nominees prepared by accused admits the charge but
the Judicial and Bar Council. interposes a lawful defense;
CRIMINAL PROCEEDINGS f. such other matters as will promote a
A criminal proceeding consists of five fair and expeditious trial of the criminal
main stages or parts: and civil aspects of the case.
1) Arraignment
2) Pre-trial PLEA BARGAINING
3) Trial the process whereby the accused, the
4) Judgment offended party and the prosecution work
5) Appeal out a mutually satisfactory disposition of
First Stage: ARRAIGNMENT the case subject to court approval
-the reading of the criminal complaint or THIRD STAGE: TRIAL
information to the defendant, by the Trial is the examination before a
judge or clerk of court, and the delivering competent tribunal, according to the laws
to him a copy thereof, including a list of of the land, of the fact for the purpose of
witnesses, and asking him whether he determining such issue. It is the period
pleads guilty or not guilty as charged for the introduction of evidence by both
-the stage where the accused is formally parties.
informed of the charges against him by - the period for the introduction of
reading before him the information or evidence by both parties.
criminal complaint and asking him - it shall in no case exceed 180 days the
whether he pleads guilty or not guilty as first day of the trial, except as otherwise
charged provided by the Supreme Court.
-the stage where the issues are joined in FOURTH STAGE: JUDGMENT
criminal action and without which the -the adjudication by the court that the
proceedings cannot advance further accused is guilty or not guilty of the
-requires that the accused be personally offense charged and the imposition of
or physically present in court the proper penalty and civil liability
-defined as the decision or sentence of
Plea is the response of the accused the given by a court as the result of
when asked whether he is proceedings instituted therein
guilty or not guilty of the offense Judgment of Conviction- if the judge
charged. It is of two kinds: finds the accused guilty of the charges
1. guilty plea, which must be against him.
unconditional; and Judgment of Acquittal- if the judge
2. not guilty. finds the accused not guilty of the
SECOND STAGE: PRE-TRIAL charges against him.
-a conference ca led by the judge that Promulgation of Judgment- is an
requires the presence of both the official proclamation or announcement of
prosecution and the accused before the the decision of the court. The judgment is
beginning of a trial promulgated by reading in the presence
-mandatory in all criminal cases of the accused and any judge of the court
The following are to be taken up during in which it was rendered.
the conference: A judgment becomes final:
a. plea bargaining; 1. when the period for perfecting appeal
b. stipulation of facts; an appeal has lapsed;
c. marking for identification of evidence 2. when the sentence is partially or
of the parties; totally satisfied or served;
d. waiver of objections to admissibility of 3. when the accused expressly waives in
evidence; wilting his right to
appeal and
4. when the accused applies for
probation.
FIFTH STAGE: APPEAL
-the elevation by an aggrieved party of
any decision, order or award of a lower
body to a higher body, by means of a
document which includes the assignment
of errors, memorandum of arguments in
support thereof, and the reliefs prayed
for.
-an appeal must be within fifteen (15)
days from promulgation of judgment, the
period for perfecting an appeal.
-the accused may or may not appeal his
case
-when the accused decides not to appeal
his case, the decision becomes final and
executory
-on appeal, the State is represented by
the Solicitor General