Introduction to Philippine Criminal Justice

What is Criminal Justice System? - Purpose is fundamentally geared toward

the support to the program of the
- Ensures the protection of the public.
Corrections.
- Is a person convicted of a crime by a final
judgment.
- Undergone the process and when through
Basis of the Criminal Justice System
all the pillars
- Involves number of agencies (5 pillars) - Crime

Five Pillars Criminal Law

Law Enforcement - A branch of public law, provides for their
punishment.
- Conducts arrest, search and seizure,
- Focus on crime.
criminal investigation
- Responds to any violation of the peace &
safety in the community
- Initiator
Historical Background
Maragtas / Sumakwel Code
1. If tamad kang magtrabaho ibebenta ka,
Prosecution
gagawin kang slave ng rich family. If ever di
- Files the corresponding information before ka nagbago, makakatanggap kana ng
the court penalty. (Ex: Bibitayin ka)
2. Kapag nagnakaw ka, puputulan ka ng daliri.
3. Kapag di mo kayang suportahan anak mo, di
ka pwede mag anak ng 2 o higit pa.
Court
4. If tinakbuhan ka ng guy, papalaglag ng
- Conducts trial to determine the guilt or babae yung anak niya dahil hindi kayang
innocence of the accused suportahan ng babae yung bata. Kakausapin
yung lalaki ng authority para pakasalin yung
babae. Kapag hindi pa, isasabay sa bata
Correction
yung lalaki sa pag-patay.
- Responsible for the safekeeping and
reformation of the criminals
Penal Code of Kalantiao
- Same as Maragtas code, kapag nalabag ka
Community
mag kaka penalty ka. Have a 28 articles.
- The community should accept and assist the
reformed individual to his/her new life.
The Spanish Regime Col. Lamberto T. Javalera
- Nag simula na yung written law. - The First Filipino Cop of MPD appointed
by Pres. Roxas under Republic
Government.
The Philippine Republic of 1898
- Civil Rights and Political Rights E. Philippine Constabulary (1901)
Capt. Henry T. Allen
Evolution of Policing System in the
Philippines Setting - First Chief of the Philippine from 1901 –
1907. And was called Father of
A. Pre-Spanish Period Constabulary in the Philippines.
- Already has a bodied young men to protect
their barangay during the night.
- Barangay shift captain Brig / Gen. Rafael Crame

B. Spanish Period - First Filipino Chief of Police

1. Carabineros de Seguridad Publico (Mounted
Police ) - 1712
2. Guardilleros (January 8, 1836) Important:
3. Guardia Civil (February 12, 1852) Felony – Revised Penal Code
Offense – Special Law
C. Japanese Occupation Infractions – in violation of City, Municipal, or
1. Kempetai Barangay Ordinance
2. Metropolitan Constabulary

Crime
D. American occupation unit 1 the World
- Is an act or omission that is punishable by
War II broke out
law.
1. Insular Police Force (November 30, 1890)
- Is an act that threatens the welfare of the
2. Insular Constabulary (July 18, 1901)
society (The peace and order ay nagugulo,
3. Manila Police Department (MPD) – July 31,
the state is the one affected by this).
1901
- Can be either an act of commission (It will
a. PNP before, Nationally authority
be considered as a crime, if you make an act
Important Personalities: na prohibited) or act of omission (Failure to
do a positive duty which one is bound to do
Capt. Antonio Torres Ex: Pagbayad ng tax).
- First Filipino cop when MPD (Manila
Police Department – July 31, 1901)
Common Law
- Legal procedure (Due Process), bago sabihin
na nag commit siya ng crime napatunayan
na sa mismong court.
Civil Law - A crime is not committed if the mind of the
person performing the act is innocent. (3
- Set of law, more on civil aspects.
elements of crime)
C. Actus Me Invito Factus, Non Est Meus
Criminological Sense Actus
- An act done by me against my will, is not
- Violation of social rules of behavior my act (Napilitan lang siya or pinilit lang
- A person may be considered as a criminal siyang gawin yun).
from the time he/she committed the crime D. Crimes Mala In Se and Crimes Mala
regardless whether or not it has been Prohibita
referred or reported to the police for
investigation (at that time criminal na tingin
sayo, kapag Nakagawa kana ng mali). Mala In Se Mala Prohibita
- Considered - Becomes
wrong/crime wrong
even there is because of
Legal Sense
no law the statute
- Voluntary and intentional violation. prohibiting it. that
- You have a Freedom, Intelligence and Ex: Rape, proscribes
Intention to do the crime. Murder it.
- A person may be considered a criminal only Ex: Illegal
logging,
upon undergoing the Judicial process and
Illegal
upon determination by the court that
fishing)
he/she is guilty beyond reasonable doubt.

Nature and Characteristic of Penal

Criminal Justice Sense Law
- Bago tawagin na criminal, undergo to the 5
Sources of Criminal Law
pillars.
1. Revised Penal Code
2. Special Penal Law
Note: 3. Presidential Order
- The act must be voluntary 4. Ordinance
- It must be intentional
- It must be committed by a competent
What is Criminal Law?
person (Incompetent person can’t do a
crime, dahil wala sila sa tamang pag-iisip) - A branch of public law, provides for their
punishment.
- Focus on crime.
Legal Principles or Maxims Regarding a
Crime or a Criminal Act
A. Nullum Crime Nulla Poena Sine Lege
- There is no crime where there is no law
punishing it.
B. Actus Non Facit Reum, Nisi Mens Rea
Classification of Criminal Law Classification of Offenders or Criminal

Substantive Procedural Criminal 1. As to the crime committed

Criminal Law Law - Tawag criminal ayon sa ginawa nila Ex:
- There is a law - There is a Murder – Murderer
na if it was judicial Rape - Rapist
consider a proceeding, to 2. As to the method
crime, then it’s be able to say - Plan nila before they committed the crime
a crime kasi na the crime is 3. As to the tools or instruments used
may law na committed.
- What tools ginamit nila to commit the
nagsasabi. Kailangan na
crime.
There is a mapatunayan
certain sa court na 4. As to the age of the offender
punishment to nakacommit ng - Talks about minor who committed the
the certain crime. crime
crime, which - Juvenile delinquency, minor who commit
was been crime.
committed. 5. As to the general effect to the victim
- The trauma cause to the victim
Two Basic Principles of a Criminal 6. Sexual Offenders
- Rapist
Law 7. Repeat Offenders
Presumption of Innocence - Nakulong na before, pero may nagawa pa
ding di Maganda na it cause na ikukulong
- Considered innocent until proven guilty. ulit siya.
- Innocent siya sa mata ng tao, until hindi pa - Habitual delinquent, recidivist, gumawa ng
napapatunayan na siya gumawa ng crime. crime gumawa pa ulit.

The Burden of Proof

Nomenclatures Given to the Person
- Government must prove beyond
reasonable doubt that the suspect who is being Processed under
committed the crime. Criminal Justice System:
- Kailangan yung prosecution ma established
1. Suspect
niya, yung guilt nung accused. To prove the
- Under investigation
guilty of an accused.
2. Respondent
- After na nakita na may krimen na ginawa,
prosecution stage.
Beyond Reasonable Doubt
3. Accused
- Excluding all the possibility of error and - Court stage
produces absolute certainty. 4. Convict
- Correction stage
5. Criminal
- Pag dating sa community
What is Justice?
- Treated impartially, fairly, properly, and Primary Goals of Criminal Justice
reasonably by law. System
- As a human most treated equally, to render
to each due. 1. To protect the members of the society
- Ibigay yung tama.
- 5 pillars should protect the society by doing their
functions.

The Concept of Justice 2. The maintenance of Peace and Order

1. to render to each his due - . Accomplished the objective of Criminal Justice
System.
- Civil code article 19, every person most in the
performance of his rights and in the exercise of his
rights in the performance of his duties act with
justice give everyone his due and observe honesty.
Philosophical Approaches behind
Criminal Justice System
- Gawin ang nararapat gawin ang tama
Adversarial Approach
2. treat equals equally and unequal
unequally in proportion to their inequality. - It requires that the proper procedures are
followed, procedures design to protect the rights
- Dapat pantay pantay of the accused.
- Most prove the guilt of the accused.
Elements of Justice - The rights of the accused until proven guilty
- If present itong 4, there is a justice. Justice was - Government to prove the guilty of the accused.
given to victim.
Inquisitorial Approach
1. The absolute ability to identify the law
- Assumes that the accused must prove that they
violator are innocent.
- Na identify/determine who is the one committed.
- Siya mag lalatag ng evidence niya.
2. The absolute ability to apprehend the law - Na wala siyang ginawang offense.
violator
- Kukulihin/arrest, formal complaint, file a case
Two Principles of Law that must be
3. The absolute ability to punish the law
violator
adhered to in our Criminal Justice
System
- Approve the guilty of the violator
Principle of Due Process of Law
4. The absolute ability to identify the intent
of the law violator - It simple means compliance with the requisite
notice and hearing.
- Why did he commit the crime. Motive of the
person to do that.
- Before filing a complaint, there should have a Rights of the accused
notice. Ma inform siya na under investigation,
Karapatan mag ka abogado or manahimik. Section 12 Article 3 1987 Constitution

- So that they cannot evaluate the rights of the R.A 7438

accused. To be inform the nature of his acquisition. - Rights of the accused, person under custody, to be
- In hearing the accused most present presume innocent until proven guilty. To be inform
the nature and cause of acquisition against him. To
Principle of Equal Protection Clause represent and defend him, with the help of legal
- Declares that the state may not attempt to create counsel.
of enforce statutes against a person solely
because of the specific characteristics (race, age
and sex) 1st Pillar: Law Enforcement
- Treated equally, What is Law Enforcement?
- Initiator to operate the criminal justice
system. They are the one who arrest to the
What is the concept Criminal Due Process?
person who commit crime. They are the one
- He is entitled to certain rights. who made a file of case to bring to the
prosecution.
- Certain rights of the accused should not valuate,
should be observe.

General Function of the Law

Who can utilize the right to Criminal Due Enforcement
Process
To prevent criminal behavior
- Law enforcer/Officer should tell why there
- Mawala yung opportunity to commit an offense/
are arresting you, and they should tell you
crime
must have a lawyer.
To reduce crime
- To lessen the crime
Model of Criminal Justice System
To apprehend and arrest offenders
Concept of Crime Control Model
- Arrest and file a formal complaint against
- To suppress the criminal conduct, to lessen to
the violator
have a crime.
To protect the life and property
Concept of Due Process Model
To regulate non-criminal conduct
- We should have rights, to prove the innocent or
they are guilty. Aware the pillars what is the rights
why they should protect them.
What are the premiere law - Yes, there has been a reorganization of the PNP by
virtue of the enactment of R.A 8551 on February
enforcement agencies in the
28, 1998 entitled "THE PHILIPPINE NATIONAL
Philippines tasked top enforce POLICE REFORM ACT OF 1998".
criminal law
- Under this law, the PNP shall be a community and
Philippine National Police service oriented agency responsible for the
maintenance of peace and public safety.
National Bureau Investigation
The Bureau of Internal Revenue
How did the PNP come about?
- Not paying tax, enforce in Criminal Law
regarding to tax. Tax evasion - The PNP came about through a legislative act by
Congress pursuant to the Constitution mande to
establish one Police force throughout the
Philippines.

Philippine National Police

Mandate In reorganizing the PNP, what
criteria were followed by the
- Pursuant to the provision of the constitution the
congress of the Philippines is mandated to establish National Police commission in its
and maintain one police force which shall be implementation?
national in scope and civilian in character, to be
A. Increased visibility through dispersal of
administered by the National Police Commission.
the personnel from headquarters to the field
- Mandated by the Constitution, Constitution give offices; and
an authority to PNP to established. Congress give
the authority to established PNP. - Patrol duty to have a police visibility.
Makisalamuha sa mga society.
What law or act of Congress caused the
establishment of the PNP? B. Efficient and optimized delivery of police
services to the community.
- The PNP was established by the enactment of R.A
6975 otherwise known as the DILG of 1990,
reorganizing the Department of Interior and Local
Government.
Powers and Functions of the PNP
under R.A 6975
- It was established on January 1991, the date of its
effectivity. 1. Order Maintenance
2. Community Service
- Functions, certain ranks, duties and
responsibilities of Law enforcement in PNP. To 3. Law Enforcement
prevent crime. 4. Neighborhood Policing/ Team
Policing/ Community Policing

Has there been a reorganization of the PNP?

Search and Warrant
What is the general rule in effecting an a. When, in his presence, the person to be
arrest? Its reason? arrested has committed, is actually
committing or is attempting to commit an
- It simply means to make an arrest only offense.
when there is a warrant. - Upon investigating, the one who commit
- We only have a right to arrest, if we have a the crime was there. If he was there in the
warrant of arrest crime scene. Hindi pa nakakaalis sa lugar na
nag commit siya ng crime.
- Info grade delicto - Caught in the act
Reason
b. Nakaalis na sa crime scene, for example
- For the protection of the arresting officer. If
thief. Personal knowledge about the identity
we take their liberty, we must do the due
of the offense kasi kasama yung
process.
complainant to confirm na siya yun.
Act. 124 – Detain a person without legal basis - Probable cause
to arrest the person.

Art. 125 - RPC c. A person who has escaped, if nakakulong

and tumakas and nakita mo.

What are the duties of arresting officers

executing either a warrantless arrest or What is the general rule in effecting search
arrest with warrant? and seizure?
a. We should not delay the delivery, we should
- We need to have a search warrant.
bring them to the nearest station for record,
and for further investigation.
b. The officer shall inform the person to be
arrested and of the fact that a warrant has Exception:
been issued for his arrest except when he
a. Sec. 12 Rule 128 of the Rules of Court;
flees or forcibly resists before the officer has
check point, valid arrest, object/subject of
the opportunity to so inform him or when
the offense
the giving of such information will imperil
b. Seizure of evidence in Plain view; Search
the arrest; and
warrant (specific subject), even if wala sa
c. If we arrest the person they are under
search warrant yung object, pwede kuhain if
custody, deprived liberty. There for we need
it was a subject to offense.
to inform them what is the right under the
c. Search of moving vehicle; plain view
constitution. The right of the accused. R.A
d. Consented Warrantless search; permission
7438
to open something, but for only plain view.
e. Custom search; object of the offense
f. Stop and frisk search; and Exigent and
What is the Exception to the general rule? emergency circumstances
- Under Rule 113, Section 5 of Revised Rules
on Criminal Procedures.
Are the evidence obtained in violation of the Who is an investigator and what are the
rule on arrest and search and seizure qualities of a good investigation?
admissible in evidence against the accused? - An investigator is one who is charged with
- No, because you violent the privacy of the the duty of carrying the objectives of
person. It is not admissible. investigation such as:

What do you call this rule not admitting a. Identity the criminal;
b. Locate the offender’ and
these unlawfully obtained evidence?
c. Provide (gather) evidence for his guilt.
- It is referred to by the Supreme Court as the
“Exclusionary Rule” because the same is
said to be the “Fruit of the Poisonous Tree”. Qualities of a good investigator
- The evidence you have will not accept the
supreme, 1. Must have the ability to persevere despite
the obstacles and monotony of
investigation; (matiyaga)
2. Must have the ability and the intelligence to
Patrol obtain vital information easily; (marites)
What is the importance of police patrol in 3. Must be resourceful and quick-witted; and
the administration of the CJS? (If someone give you an information, dapat
alam mo pano palawakin yung akalaman
- Crime prevention is one of the main goals of mo)
the CJS. 4. Must have adequate or general
understanding of the Rules on Evidence and
Rules of Procedure and elements and
What is the purpose of patrol? Explain. specific crimes under investigation.
1. It creates a feeling of fear to the would-be-
offender; and
2. A feeling of security and safety to the law What is Crime Prevention?
abiding citizen. - To lessen the offender to make an offense.

Criminal Investigation Crime Detection in relation to the

administration of CJS
Define Criminal Investigation?
- Through crime detection, the police are typically
- Is an art, which deals with the identity and the first component of the justice system to deal
the location of the offender and gather with the commission of the crime.
evidence of his guilt in criminal proceedings.
- To identify the offender, location of the
offender, gather the evidence to prove his
What is the most important part of crime
guilt.
detection
- An important part of crime detection may be the a. It shall be issued only upon probable cause;
result of an aggressive police work. Experienced b. In connection with one specific offense;
police officers and detective sometimes c. To be determined personally by the judge;
concentrate their surveillance operations and d. After examination under oath or affirmation
investigation efforts on person, situations or places of the complainant and the witnesses he
in which past experience has taught them criminal may produce; and
behavior is likely. e. Particularly describing the place to be
searched and the thing to be seized.

What is a buy bust operation

Personal Properties to be Seized
- Is also known in legal and police parlance as a
form of "entrapment". This simply means that ways a. Subject of the offense;
and means are resorted to by the police officers in b. Stolen or embezzled and other proceeds,
order to catch a law violator as distinguished from fruits of the offense; or
"instigation" wherein the police basically induced c. Used or intended to be used as the means
the person into committing a crime. of the commission of the offense.

Arrest and Search Warrant 2nd Pillar: Prosecution

Arrest What is the prosecution as pillar of the CJS?
- It is the act of depriving a person of hir or - Inquest proceeding
her liberty usually in relation to the - Preliminary Investigation
investigation and prevention of crime. - Files the corresponding information before
the court
- Criminal action
What if the Importance of Arrest in the - Institution or filing of a complaint against to
Administration in CJS charges
- To proof in accused, by the evidence
- Arrest is important in the administration of presented by the officer.
CJS because if the accused is not arrested, - To determine if the crime was committed or
the court will not acquire jurisdiction over not
his person unless the person voluntary
surrenders himself to the authorities.

Search Warrant How is prosecution of criminal offenses

initiated in the Philippine setting?
- An order in writing issued in the name of
the people of the Philippines signed by the - If we have a complaint against the suspect,
judge and directed to the peace officer, we should file on the Office of the Public
commanding him to search for personal Prosecutor. They are the one who will
property and bring it before the court. received to prosecution. (Public Crimes –
State of the Philippines, Republic of the
Philippines)
Requisite for the Issuance of Search Warrant
 - Private crimes, we cannot file to the Office and determine if the suspect commit the
of the Public Prosecutor because before we crime.
need to file to the Prosecutor, we must have c. To represent the government or state
a consent to the complainant that they are during the prosecution of the case against
willing to file a case to suspect. Ex. Estafa the accused;
- For offenses whose penalty do not exceed d. To act as a legal officer, If absent the legal
imprisonment of one (1) year regardless of officer of the city or province therefore they
fine, and the offender is not a corporation, can be act as a legal officer.
the same shall undergo the required e. To investigate administrative cases filed
conciliation proceedings at the katarungang against State Prosecutors, Provincial
Pambarangay (Barangay Justice System). Ex. Prosecutors, including the support staff of
Minor cases -Away pamilya/kapitbahay, the National Prosecution Service (NPS).
Physical injury, the healing period of not
exceeding of 10 days.
- Avoid or prevent plogging of cases in the Preliminary Investigation
court.
What is Preliminary Investigation?
- Is an inquiry or proceeding, Prosecutor
conduct an investigation asking the witness,
In Philippine Setting, who conducts the accused, the complainant and the police
prosecution? officer by submitting the evidence. To
determine whether an criminal information
- Only prosecutor can prosecute to the can be filed against the respondent. And
criminal action. will be passed by the court.
- It is to determine whether there is a
Who is being represented by the
probable cause whether a crime has been
prosecutor in the prosecution of the case?
committed or not.
- State of the People of the Philippines,
Republic of the Philippines, the victim is
the represented of the prosecution. What are the general purposes of
Because the crime committed by the person Preliminary Investigation?
it’s the crime against the people against the
Philippine. It was affected the public safety a. To inquire concerning the commission of
of the community or society. Therefore, the crime and the connection of the accused
person was not the representative of the with it, in order that he may be informed of
prosecutor it was the people of the the nature and character of the crime
Philippines. charged against him, and if there is
probable cause for believing him guilty, that
What are some of the roles of the the state may take the necessary steps to
prosecutor? bring him to trial.
b. To preserve the evidence and keep the
a. To conduct preliminary investigation;
witness within the control of the state; and
b. Proper recommendation, prosecutor
c. To determine the amount of bail, if the
recommend to the court that the suspect is
offense is bailable.
committed the crime. Whether or not the
offender committed the crime. Investigate
What are the principal purposes of
preliminary investigation? Can it be waived?
a. To determine whether a crime has been
- Yes, since it is merely a statutory and
committed and whether there is probable
personal right, it can be waived either
cause to believe that the accused is guilty
expressly or by implication. When the
thereof;
accused failed to invoke his/her right to
b. To secure the innocent against hasty,
preliminary investigation before or at the
malicious and oppressive prosecution
time of the arraignment, he/she is deemed
c. To protect him from an open and public
to waived his/her right to preliminary
accusation of a crime, from the trouble,
investigation.
expense, anxiety of a public trial; and
d. To protect the state from useless and
expensive trials.

Is preliminary investigation a matter of

right?
When can there be preliminary - Preliminary investigation is matter of right
investigation? only when the crime committed is
punishable by a penalty of at least four (4)
- A preliminary investigation is required to be
years Two (2) months and One (1) day
conducted before the filing of the
regardless of the amount of fine. Otherwise,
Complaint Information.
it is not.

Is there an instance where preliminary What is the effect if preliminary

investigation is not required even if the investigation is not accorded to the
crime is one that requires preliminary? respondent or the accused?
- Yes, when the offender was arrested - Denial of preliminary investigation to the
without warrant, an INQUEST investigation accused of the respondent when proper
will be conducted by the inquest shall be considered a violation of due
investigator. There is no need to conduct a process because preliminary investigation is
preliminary investigation, unless the person a component part of
arrested asks for preliminary investigation.
However, before the same can be done, he
must sign a waiver under the provision of
Who are the person authorized to conduct
Art. 125 of the RPC.
preliminary investigation?
a. Provincial or City Prosecutors and their
Is preliminary investigation is a assistants.
Constitutional Rights? b. National and Regional State Prosecutors;
and
- No, preliminary investigation is not a c. Other officers as may be authorized by law.
constitutional right. It is merely a statutory
right.
Other officers:
a. The Ombudsman and special prosecutor What is the effect of preliminary
and public prosecutors duly authorized by investigation overall in the administration of
the Ombudsman with respect to cases the Criminal Justice System?
under its jurisdiction.
b. The COMELEC with respect to cases in - The primary effect of preliminary
violation of the Election Law; and investigation in the criminal process is to
c. Private lawyers when duly deputized by any reduce the backlog and congestion of cases
of the above. in courts.

Probable cause in Preliminary Investigation What are some of the discretions of

vs Probable cause in the issuance of Warrant prosecutors?
of Arrest? a. Whether or not to file the case in court;
b. What charges to file;
- Probable cause for the purpose of filing
c. Whether or not decline to prosecute the
information by the prosecutor has been
arrested party; and
defined as the existence of such facts and
d. Whether or not to enter into plea-
circumstances mind, acting on the facts
bargaining.
within the knowledge of the prosecutor,
that the person charged was guilty of the
crime for which he was prosecuted.
What is the most prosecutorial discretion?
- The most important prosecutorial discretion
When may a judge issue a warrant of arrest? is deciding whether or not to file case in
court against the accused. Once, the
- The rule is that an arrest warrant must be
prosecutor decides to prosecute, he/she
issued by a judge only after examining the
must decide the appropriate charges to be
complainant and the witnesses he may
filed against the particular suspect
produce and after finding probable case to
depending on the gravity of the offense and
believe that the person to be arrested has
the degree of the participation of the
committed the crime.
accused in the commission of the crime.

What is the relevance of preliminary

Some reasons for prosecutorial rejection or
investigation in the administration of the
dismissal of some criminal cases?
Criminal Justice System?
a. Insufficient evidence that results from a
- In our jurisdiction, the conduct of
failure to find sufficient physical evidence
preliminary investigation is very relevant
that links the defendant to the offense.
because at the onset of the criminal process
b. Witness problem that arise for example,
the entry into the system of the offender is
when a witness fails to appear, gives unclear
already being screened so that the criminal
or inconsistent statements, is reluctant to
complaint that does not have probable
testify, is unsure of identity of the offender.
cause is not given due process
 c. Due process problems that involve the b. File an administrative appeal with Secretary
violations of the constitutional of Justice
requirements for seizing evidence and for c. File an administrative case against the
the questioning of the accused. Prosecutor.
d. File civil case against the prosecutor.
e. File a special civil action for gave abuse of
What is the primary goal that prosecutor discretion.
may consider in charging decision? f. File a criminal case against the prosecutor.

- Crime prevention is the primary goal of the

prosecutor in changing decision.
Prosecutors attempt to control crime by
prosecuting and therefore incapacitating Bail
offenders and deterring potential criminals.
What is bail?
- Bail is the security given for the release of
Does the prosecutor have a greater the person in the custody of the law,
discretion than the police? furnished by him or the bondsman, to
guarantee his appearance before any court
- Yes, the prosecutor has even a greater
as required under the conditions as
discretion than the police. The prosecutor
specified.
may refuse to file formal charges against
those arrested power or decision making of
the police.
When is bail a matter of right?
a. At the Municipal Trial Courts, Municipal
It is possible to interfere or to control the Circuit Trial Courts and Metropolitan Trial
prosecutorial discretion? Courts, all persons in custody shall be
admitted to bail as a matter of right before
- No, as a general rule, and in the line of or after conviction.
cases, even the Supreme Court is reluctant b. At the Regional Trial Court, all persons in
to interfere in the exercise of the custody shall be admitted to bail as a matter
prosecutorial discretion. This is in deference of right before conviction of an offense not
to the Doctrine of Separation of Powers punishable by death, reclusion perpetua or
between co-equal branches of the life imprisonment.
government; save in some instances when
the prosecutor is alleged to have gravely
abused the exercise of his discretion
When bail is discretionary?
amounting to lack or excess of jurisdiction.
- Upon conviction at the Regional Trial Court
of an offense not punishable by death,
Is there a remedy available should the reclusion perpetua or life imprisonment, the
prosecutor without just cause decline to admission to bail be discretionary.
prosecute a crime?
a. File a motion for reconsideration.
Who decides when bail should be granted or Define Court and explain its concept relation
not? to the administration of Criminal Justice
- The decision whether or not bail should be
System?
granted when bail is matter of discretionary - It is the forum where the prosecution is
is solely a court’s prerogative based on the given the opportunity to prove that there
strength of the character or risk that the is a strong evidence of guilt against the
accused will commit another crime or accused.
escape among others. - Place to give a chance the
prosecutor/prosecution to prove the guilty
of the accused, sa courts malalaman to
determine whether or not the accused is
guilty. By used a strong evidence or
Where should the bail be posted?
testimony of the witness or the
- As a rule, bails should be filed only before complainant. And that will be the basis of
the court, which has jurisdiction over the the court if he/she will be convicted or not.
case of the accused, who was arrested or - Three branches of government at the
under the custody of the law. national level – legislative (Senate(ors),
- As an exception, bail may be posted or filed House of Representative, Congress),
before the court of the place where the executive (House (office) of President, Vice
accused was arrested other than the court President, Kabinete) and judicial (Supreme
where his case was filed. Court – National Escort, RTC, MTC, Special
Courts)
- They established the 3 branches so that it
What is the purpose of bail? will not interfere (take part)
agency/branches. Principle of separation of
- The purpose of bail is to secure the powers, will not interfere to the action of
appearance of the accused before the the one branches of the government.
court when so required. And of course, to - Supreme Court has only limited powers in
provide the accused of his temporary execution to the decision. They borrow
liberty while awaiting the processing and powers to executive to enforce their
the disposition of the case files against decisions.
him.

General functions of the Courts?

What are the different kinds of bail bond? a. To protect the rights of the accused.
a. Property - Constitutional rights to presume innocent
b. Cash until proven guilty.
c. Corporate Surety b. To determine by all legal means whether a
d. Recognizance person is guilty of a crime.
- Court will only determine the guilt of the
person of the accused.
3rd Pillar: The Courts c. To dispose properly of those convicted of
the crimes.
 - Issue a commitment order, Court will give
an order to bring/transfer of the
convict/convicted person in proper
Define Jurisdiction
authority (corrections). - To conduct hearing, authority provided by
d. To protect the society the law to conduct trial/hearing regarding in
- In a way na nilalayo nila yung the criminal cases.
offender/convicted to the society para di na
makagawa ulit ng crime.
e. To prevent and reduce criminal behavior. Define Venue
- Lessen the behavior, consequences
- The place like RTC, pwede mag conduct ng
trial to the offense.
When does the role of judges in criminal
case begin? It is only during trial? Distinguished jurisdiction from venue?
- The role or participation of judges in the - Compound by law, Jurisdiction is conferred
criminal justice system, actually, begins by law (have a authority to conduct a
before the actual trial takes place. trial/conduct) while venue (Jurisdictional) is
a. Judges determine whether there is not.
probable cause for the issuance or warrant - Kung saan nangyari ang krimen dun lang sa
of arrest or search warrant. lugar pwede mag trial (Place crime = Trial
b. They determine whether the accused will Place).
be released on bail or the amount of bail to - It can may be have a trial in a different place
be posted. only if it was order by the supreme court.
- Bail – to give a freedom for a while.
c. They hear and rule on the motions made
by the defense and the prosecutor before COURTS ORIGINAL APPELATE
trial. JURISDICTIO JURISDIC
- Defense lawyer, review the motions to give N TION
grant or dismissed the motion. Base of the Criminal a. All NONE
evidence presented by the defense lawyer Cases Court Violations (Lowest
or the accused. of city and court)
Municipal municipal
Trial Court ordinance
What is the importance of the courts in the (City) s
committe
administration of Criminal Justice System? Municipal d
- Court is the last arbiter, to determine the Circuit Trial jurisdictio
guilty or not. Court is the last pillar to (Provinces, n.
determine if the accused was the author of Municipality (Minor
) case EX.
the crime or not.
Physical
- Law of the jungle (Judicial of the defense),
Metropolita injury,
matira matibay n Trial Court Theft)
- Lex Taliones, an eye for an eye; a tooth for a (All b. Over all
tooth Violations of offenses
City, Minor imprison Book II of decision
case EX. ment not the RPC
Physical exceeding b. Official of
injury, Theft) six (6) the
years executive
irrespecti branch
ve of the occupying
amount the
fine; and positions
Damage of
to regional
property director
through and
criminal higher,
negligenc otherwise
e classified
Regional a. Penalties From as Grade
Trial Court exceeding decisions or “27” (Any
six (6) judgements public
years or of the official/e
imprison MTC/MCTC/ mployee
ment. (Ex. MeTC over who has
Homicide, letter (b – All salary
Murder, over the grade of
Rape) cases that 27) and
exceeding 6 higher.
years of c. Philippine
imprisonment Army and
, have a Airforce
authority to colonels,
review the naval
decision) and captain,
(c) of their and all
original officers of
jurisdiction. higher
SANDIGANB a. Violation Decisions or rank;
AYAN (Public of RA judgement of d. Officers of
Official) 3019 the RTC over the PNP
otherwise cases while
known as committed by occupying
the Anti- public officers the
Graft and under its position
Corrupt original of
Practices jurisdiction in provincial
Act. RA letter (c) director
1379 and - Can also and those
Chapter II, review the holding
Sec 2., Sandiganbaya the rank
Title VII n to the RTC of senior
 superinte - No conduct hearing if the prosecutor didn’t
ndent or file against accused
higher - Determination: Base sa information na
COURT OF - We are From the finile na kaso.
APPEALS not decisions or
allowed to judgment of
direct file the RTC on:
How may jurisdiction over the person of the
a cases to a. Questi
the on of accused be acquired?
accused in facts - By his arrest, by the arrest of the accused.
court of b. Questi Kapag na arrest na yung suspect and nag file
appeal/su on of
na.Kapag na arrest siya, pwedena dalhin sa
preme law or
court. And dun na makakaroon ng
court. Both
Hierarchy Questi jurisdiction. (1)
of the on of - If not arrested, the court cannot acquire
courts, facts jurisdiction over the person of the accused.
simula sa and Mangyayari, voluntary surrender of the
mababa law accused to the proper authority. Rights and
hanggang authority to conduct a hearing to accused.
pataas ng (2)
pataas.
- Authority
of
What is the effect should the court not
Criminal
Cases acquire jurisdiction over the case or over the
SUPREME NONE From the person of the accused?
COURT - Siya lang pwede decisions and
- If there is no jurisdiction when it comes to
(Highest mag review ng judgement of
accused, court don’t have authority to
form of lahat ng decision the Court of
conduct a trial/hearing to that person.
court of the ng pwedeng Appeals and
Philippines) gawin ng lower the - If nakapagtrial kahit walang authority, Any
courts. Sandiganbaya decision rendered by such court shall be
n involving considered as void (invalid) or lack of
questions of jurisdiction.
law only.
- All five (5) courts have an authority to
conduct trial only involving criminal cases. What is the role of judges in a criminal
case? At the trial? At sentencing?
- Referees
- No bias, equally and fairly
How may the court acquire jurisdiction - Will not base in the status of the person
over the case? - The decision will base of the rules of
evidence, base on the merits/ evidence.
- Upon filing the information of the
Presented offered by the lawyer of both
prosecutor to court, dun lang magkakaroon
party.
ng jurisdiction.