Institutional Framework of Criminal Justice

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Questions and Answers

What is a defining characteristic of inferior courts?

  • They are subordinate to superior courts. (correct)
  • They operate independently of other courts.
  • They can review decisions of superior courts.
  • They have original jurisdiction.

Which of the following courts is NOT considered a court of original jurisdiction?

  • Regional Trial Court
  • Metropolitan Trial Courts
  • Supreme Court
  • Court of Appeals (correct)

Which type of court has the ability to hear all types of cases, both civil and criminal?

  • Court of General Jurisdiction (correct)
  • Court of Special Jurisdiction
  • Court of Appeals
  • Inferior Court

What is the primary function of appellate courts?

<p>To review cases from lower courts. (C)</p> Signup and view all the answers

Which of the following courts has specific powers for particular purposes?

<p>Court of Special Jurisdiction (A)</p> Signup and view all the answers

Which of these is NOT a characteristic of courts of special jurisdiction?

<p>They handle all types of cases. (D)</p> Signup and view all the answers

What distinguishes courts of appellate jurisdiction from those of original jurisdiction?

<p>Appellate courts review existing decisions. (A)</p> Signup and view all the answers

Which of the following accurately describes superior courts?

<p>They have the authority to oversee lower courts. (D)</p> Signup and view all the answers

What is the primary function of agencies like the National Labor Relations Commission?

<p>To adjust individual controversies due to social policy. (D)</p> Signup and view all the answers

Which statement correctly distinguishes between a court and a judge?

<p>A court is a tribunal with distinct legal personality, while a judge is an officer of that tribunal. (B)</p> Signup and view all the answers

According to the Doctrine of Continuity of Jurisdiction, what happens to cases if a judge resigns?

<p>The cases continue unaffected by the judge's resignation. (C)</p> Signup and view all the answers

What is NOT a characteristic of a court as described in the content?

<p>It is a natural person. (B)</p> Signup and view all the answers

Which of the following is NOT an activity conducted by law enforcement in the criminal justice system?

<p>Providing legal counsel (C)</p> Signup and view all the answers

What role do agencies like the Bureau of Labor Standards fulfill?

<p>They address issues tied to specific social policies. (C)</p> Signup and view all the answers

What is the primary function of the Philippine National Police within the criminal justice system?

<p>To prevent and investigate crime (B)</p> Signup and view all the answers

What must guide police discretion to avoid abuse of power?

<p>Personal experience and common sense (B)</p> Signup and view all the answers

Why does the continuity of a court remain unaffected when a judge vacates their position?

<p>Due to the established rule of continuity in legal proceedings. (A)</p> Signup and view all the answers

What distinguishes a court from a judge in terms of legal personality?

<p>A court has its own legal personality, while a judge does not. (D)</p> Signup and view all the answers

Which principle is emphasized in the responsibilities of law enforcement officials?

<p>Importance of personal discretion (A)</p> Signup and view all the answers

Which of the following statements is correct about the relationship between judges and the courts?

<p>Courts continue to function regardless of the status of judges. (A)</p> Signup and view all the answers

What is one of the two powers performed by law enforcement mentioned?

<p>Investigatory (C)</p> Signup and view all the answers

Which department oversees the National Bureau of Investigation?

<p>Department of Justice (C)</p> Signup and view all the answers

What is the term used to refer to the wise use of judgment by law enforcement?

<p>Police discretion (C)</p> Signup and view all the answers

Which of the following is a consequence of abuse of police discretion?

<p>Injury to persons or damage to property (D)</p> Signup and view all the answers

What is the principle behind the doctrine of checks and balances?

<p>No department can act without the cooperation of at least one other department. (A)</p> Signup and view all the answers

Which of the following best describes the doctrine of stare decisis?

<p>Courts are required to follow established judicial precedents. (A)</p> Signup and view all the answers

What does the doctrine of non-interference imply about courts of equal jurisdiction?

<p>They are bound to respect each other’s judicial orders. (B)</p> Signup and view all the answers

Which of the following actions requires cooperation under the doctrine of checks and balances?

<p>The President granting amnesty. (B)</p> Signup and view all the answers

Under what circumstance does the doctrine of judicial stability not apply?

<p>When a third-party claimant is involved. (B)</p> Signup and view all the answers

What is a key purpose of the doctrine of stare decisis?

<p>To provide stability and predictability in law. (A)</p> Signup and view all the answers

Which of the following illustrates a violation of the doctrine of non-interference?

<p>A Regional Trial Court nullifying an order of another court. (B)</p> Signup and view all the answers

In which scenario would the checks and balances not be applied?

<p>A President acting without legislative approval. (D)</p> Signup and view all the answers

What entity now holds jurisdiction over domestic adoption cases?

<p>National Authority for Child Care (A)</p> Signup and view all the answers

What type of proceedings are domestic adoption cases classified as?

<p>Administrative Proceedings (D)</p> Signup and view all the answers

What is the primary role of the legislative branch of the government?

<p>Make and repeal laws (C)</p> Signup and view all the answers

What power is specifically held by the executive branch?

<p>Control over executive departments (D)</p> Signup and view all the answers

Which of the following is a primary difference between criminal and civil procedure?

<p>Criminal procedure involves the apprehension of accused persons; civil procedure addresses remedies for private rights. (B)</p> Signup and view all the answers

What must happen to judicial petitions for domestic adoption that are pending in court?

<p>Petitioners can withdraw them regardless of their stage. (C)</p> Signup and view all the answers

What does the judicial branch of the government primarily do?

<p>Interpret laws (A)</p> Signup and view all the answers

Which of the following is NOT a distinct power of the President?

<p>Pass ordinary laws (A)</p> Signup and view all the answers

What is true about a constitutional court?

<p>Only the Supreme Court is classified as a constitutional court in the Philippines. (C)</p> Signup and view all the answers

Which of the following accurately describes a statutory court?

<p>It includes all courts except the Supreme Court in the Philippines. (D)</p> Signup and view all the answers

What characterizes a court of law?

<p>It administers the laws of the land in a strict manner. (C)</p> Signup and view all the answers

What is equity in the context of legal proceedings?

<p>It embodies justice based on moral principles outside of legality. (C)</p> Signup and view all the answers

What defines equity jurisdiction?

<p>The ability to resolve cases based on fairness in the absence of explicit legal guidance. (A)</p> Signup and view all the answers

When does equity not apply to a case?

<p>When a clear case of unlawful conduct by the petitioner is found. (D)</p> Signup and view all the answers

In what scenario would a court of law be unable to render a decision?

<p>When the case requires equitable considerations not strictly defined by law. (A)</p> Signup and view all the answers

Which of the following is NOT a characteristic of a court of equity?

<p>It strictly adheres to written statutes and precedents. (A)</p> Signup and view all the answers

Flashcards

Law Enforcement

The core of the criminal justice system, it includes activities like preventing crime, suppressing crime, apprehending offenders, conducting searches and seizures, and investigating crimes. These efforts involve protecting lives and property.

Police Discretion

This refers to exercising judgment, using experience and common sense to make decisions in law enforcement situations. It can include using their powers of arrest or deciding whether to conduct a search.

Investigatory Power

The legal authority given to law enforcement personnel to investigate potential crimes. This can involve questioning suspects, gathering evidence, and carrying out searches.

Apprehension Power

The legal authority given to law enforcement personnel to detain individuals suspected of committing a crime. This includes making an arrest and taking the suspect into custody.

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Prosecution

The branch of the criminal justice system responsible for prosecuting individuals accused of crimes. Their job is to present evidence to the court and seek a conviction.

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Adjudication

The branch of the criminal justice system that decides on the guilt or innocence of accused individuals. They also determine appropriate punishment for convicted individuals.

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Corrections

The branch of the criminal justice system responsible for the care and rehabilitation of individuals convicted of crimes. They provide support services and work to help individuals reintegrate into society.

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Defense

The branch of the criminal justice system responsible for ensuring that the legal rights of accused individuals are protected throughout the criminal justice process. They advocate for fair treatment and due process.

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Jury

A group of people who are selected to hear evidence and decide on verdicts in a criminal trial.

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Domestic Adoption Jurisdiction

The National Authority for Child Care (NACC) is now responsible for handling domestic adoption cases in the Philippines.

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Adoption Proceedings: Administrative

Domestic adoption proceedings in the Philippines are now handled through administrative processes, not solely through court cases.

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Withdrawal of Adoption Petitions

Petitioners can withdraw their pending domestic adoption petitions in court, regardless of their progress.

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Criminal Procedure

Criminal procedure encompasses laws governing the apprehension, prosecution, and punishment of individuals accused of criminal offenses.

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Civil Procedure

Civil procedure is the branch of law dealing with resolving private disputes, not criminal offenses, aiming to protect civil rights.

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Legislative Branch

The Legislative branch of the Philippine government is responsible for creating, amending, and repealing laws.

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Executive Branch

The Executive branch of the Philippine government enforces and implements laws.

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Judicial Branch

The Judicial branch of the Philippine government interprets the law and resolves disputes.

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What is a court?

A tribunal officially assembled under the authority of law. It is an organ of the government with a separate and distinct personality from the judge. Think of a court as a corporation.

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What is a judge?

An officer of the court. They sit on the court and are natural persons, not a separate entity like the court itself.

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What is the doctrine of adherence or continuity of jurisdiction?

The doctrine that says a court's jurisdiction and proceedings continue despite changes in its judges. Even if the judge dies or leaves, the court stays active.

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What is a superior court?

A court with authority over a specific geographic area or over certain types of cases. They have broader jurisdiction and are generally higher in the judicial hierarchy than other courts.

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What is a specialized court?

A court that handles specific types of legal issues, such as family law, criminal law, or small claims.

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What is a court of general jurisdiction?

A court with jurisdiction over a defined territory or geographic area. This means they handle cases that happen within those borders.

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What is a court of limited jurisdiction?

A court that only has jurisdiction over limited types of legal disputes. It has specialized powers and deals with a narrow range of cases.

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What is an appellate court?

A court that's part of the judicial system. They handle appeals from lower court decisions and ensure that the law is applied correctly.

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Superior Court

Courts with authority over other courts, having original jurisdiction and power of review.

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Inferior Court

Courts subordinate to higher courts, whose decisions can be reviewed.

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Court of Original Jurisdiction

Courts where actions or proceedings are first filed (e.g., Metropolitan, Municipal, Circuit Trial Courts).

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Court of Appellate Jurisdiction

Courts that review decisions of lower courts (e.g., Regional Trial Court, Court of Appeals, Supreme Court).

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Court of General Jurisdiction

Courts with broad jurisdiction to handle various cases like civil and criminal matters (e.g., RTC).

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Court of Special Jurisdiction

Courts with limited jurisdiction over specific types of cases (e.g., Family Courts, Commercial Courts, Court of Tax Appeals, Sandiganbayan).

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Constitutional Court

A court created by a direct provision in the constitution, like the Supreme Court in the Philippines.

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Statutory Court

A court established by a law passed by the legislature, not directly by the constitution.

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Court of Law

A court that follows traditional legal rules and procedures, focusing on strict interpretation of laws.

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Court of Equity

A court that can apply principles of fairness and equity to reach a just outcome, even if it means bending the rules.

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Equity

The concept of justice and fairness applied outside of strict legal boundaries.

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Equity Jurisdiction

The power of a court to decide cases based on fairness and principles of equity, especially when there's no clear law.

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When Equity Doesn't Apply

Situations where the principles of equity don't apply, such as when there's a clear law, a previous court decision, or the person seeking help acted unfairly.

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Doctrine of Checks and Balances

A system where the three branches of government (legislative, executive, and judicial) limit each other's power, ensuring no branch becomes too dominant.

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Doctrine of Stare Decisis

The principle requiring courts to follow previous rulings on similar cases. It ensures consistency and stability in legal decisions.

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Doctrine of Non-interference/Judicial Stability

The rule that courts of the same level can't interfere with each other's orders or proceedings, promoting order and avoiding conflicting rulings.

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Study Notes

Institutional Framework of Criminal Justice

  • The five pillars of the criminal justice system are law enforcement, prosecution, courts, corrections, and community.
  • Law Enforcement is the prime mover, preventing crime, repressing crime, apprehending offenders, conducting searches and seizures, investigating crimes, and protecting lives and property.
  • Pillars are guided by police discretion: common sense, personal experience, and sound judgment.
  • Law Enforcement examples include the Philippine National Police (PNP), the Department of Interior and Local Government (DILG), and the National Bureau of Investigation (NBI).
  • Prosecution involves evaluating police findings, handling complaints, filing information or criminal complaints, and representing the state in court cases.
  • Prosecution examples include Provincial and City Public Prosecutors, and the National Prosecution Service.
  • Courts involve proper trials complying with Rules of Court after information or criminal complaints are filed, dealing with regular courts (Supreme Court, Court of Appeals, Regional Trial Courts, etc.) and special courts (Sandiganbayan, Tax Appeals, etc.)
  • Corrections oversees the custody, supervision, and rehabilitation of criminal offenders.
  • Corrections sub-departments deal with institutional corrections (jails, prisons) and non-institutional corrections (community-based treatment like probation, parole, or conditional pardon).
  • Community returns arrested persons to the community under specific circumstances.

Overview of the Nature of Criminal Procedure

  • Criminal procedure is the method to apprehend, prosecute, and punish individuals accused of crimes.
  • The goal is to balance governmental interests (peace and order) with individual rights.

Criminal Law vs. Criminal Procedure

  • Criminal law defines crimes and punishments.
  • Criminal procedure outlines the process of enforcing those laws, including arrest, investigation, and prosecution.

Systems of Procedure

  • Adversarial (Accusatorial): Two opposing sides (prosecution and defense) present their cases before a neutral judge.
  • Inquisitorial: The judge actively investigates and guides proceedings.

Statutory Construction

  • Statutory construction is the process of interpreting laws.
  • Clear and unambiguous laws are applied literally.
  • Ambiguous or unclear laws require interpretation.

Substantive vs. Remedial Law

  • Substantive law defines rights and duties.
  • Remedial law describes how to enforce substantive rights.
  • Remedial law can be retroactive, while substantive law is not, unless explicitly stated in the law.

Procedural and Remedial Laws

  • Rules of criminal procedure will benefit a defendant.
  • Some procedural rules can have retroactive application.

Courts

  • Judicial courts deal with court cases with legal controversies and determining whether there has been abuse of discretion by government entities.
  • Quasi-judicial courts are administrative bodies addressing social policies or business issues.

Doctrine of Separation of Powers

  • The separation of powers distributes governmental authority among the executive, legislative, and judicial branches.
  • Each branch has its own exclusive powers.
  • Each branch can check the powers of the other branches.

Doctrine of Non-interference

  • Courts of equal jurisdiction cannot interfere with each other's proceedings/orders.
  • Exceptions exist in cases involving independent/separate actions etc.

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