Criminal Law and Procedure

Procedural Criminal Law

• Refers to a statute that provides procedures for the enforcement of Substantive Criminal Law.

Principles of Criminal Law

• "Presumption of Innocence": Accused are considered innocent until proven guilty.
• "Burden of Proof": The government must prove beyond "reasonable doubt" that the suspect committed the crime.

Nomenclatures of Suspects

• Suspect: At the police stage, during investigation.
• Respondent: At the Prosecutor's office, during the determination of probable cause or during the Preliminary Investigation.
• Accused: At the trial of the case, when a case has been filed in Court.
• Convict: Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgement has been rendered.
• Criminal: After undergoing all the process, when the person has served the sentence.

Philosophies behind the Criminal Justice System

• Adversarial Approach: Assumes innocence, requires the prosecutor to prove guilt, and follows procedures to protect the rights of the accused.
• Inquisitorial Approach: Assumes guilt, and the accused must prove innocence.

Police Roles

• Prevention of crime
• Crime detection
• Crime investigation
• Apprehension of suspect
• Search and Seizure
• Order maintenance
• Enforcement of laws
• Making charges
• Traffic regulation
• Police Operations:
  • Entrapment
  • Surveillance
  • Intelligence
  • Undercover
  • Hot pursuit

Search Warrant

• An order in writing issued in the name of the people, signed by the judge, and directed to the peace officer, commanding them to search for personal property and bring it before the court.

Criminal Investigation

• An art that deals with the identity and location of the offender and provides evidence.

Discretion

• The freedom to make a choice among possible courses of action.

Prosecution

• The process or method whereby accusations are brought before a court of justice to determine the innocence or guilt of the accused.

Preliminary Investigation

• An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well-founded belief.

Probable Cause

• The existence of facts and circumstances as would exile the belief that the person charged was guilty.

Inquest Procedure

• An inquiry made by the prosecutor to determine the legality of the arrest.

Prosecutorial Discretion

• The prudent use of judgement being exercised by the investigating fiscal or prosecutor.

Appeal

• A statutory right granted to the accused or even the government in proper cases to seek remedy before an Appellate Court.

Correction Penoogy

• The study of punishment of crime or of criminal offenders, including the study of control and prevention of crime through punishment.

Correction

• A branch of the Criminal Justice System concerned with the custody, supervision, and rehabilitation of criminal offenders.

Rehabilitation

• Derived from the Latin word "habilis", meaning "restore to sound operation" or "to establish the good reputation".

Prison and Jail

• Prison: A detention facility for prisoners/detainees under the Bureau of Corrections.
• Jail: A detention facility for prisoners/detainees under the Bureau of Jail Management and Penology.
• Prisoner: An inmate who is convicted by final judgment.
• Detainee: An inmate who is undergoing investigation/trial or awaiting trial/sentencing.

Classification of Prisoners

• Insular/National Prisoner: One sentenced to a prison term of three years and one day to death.
• Provincial Prisoner: One sentenced to a prison term of six months and one day to three years.

Community

• The fifth stage in the criminal justice system, referring to the participation of the community in the detection and prevention of all forms of criminal activity.

Katarungang Pambarangay (Village Justice)

• Brief History:
  • PD 1293: Creating a Katarungang Pambarangay Commission to study the feasibility of resolving disputes at the Barangay level (promulgated on 27 January 1978).
  • PD 1508: Establishing a system of amicably settling disputes at the Barangay level (promulgated on 1978).
  • RA 7160: Otherwise known as the "Local Government Code of 1991", providing for the Revised Katarungang Pambarangay Law (enacted on 10 October 1991).

Alternative Dispute Resolution

• RA 9285: Approved on April 2, 2004, providing for Alternative Dispute Resolution (ADR) procedures.

ADR Procedures

• Arbitration: Resolving a dispute by rendering an award, conducted by an Arbitrator.
• Mediation: Facilitating communication and negotiation, assisting parties in reaching a voluntary agreement, conducted by a Mediator.

Process

• Complainant: Files the complaint against the respondent.
• Cause of Action: An act or omission of one party in violation of the legal rights of another, which affords a party to a right to judicial intervention.
• Process:
  • Complainant files a complaint
  • Summoning the respondent
  • Amicable settlement (10 days)
  • Conciliation (15 to 30 days)
  • Lupon Tagapagkasundo (Pangkat Tagapagkasundo)
  • Filing of action (Mtc. No. CFA, Certification to File Action)