Finals Discussions - Introduction to Philippines Criminal Justice System PDF

FINALS DISCUSSIONS COURT  -- COURT PROCEEDING - A legal process publicly conducted in the court to hear and decide cases. - Involves presenting of evidences, testimonies/ documents, and then judgement whether guilty or not guilty.   CONDUCTED B...

FINALS DISCUSSIONS COURT  -- COURT PROCEEDING - A legal process publicly conducted in the court to hear and decide cases. - Involves presenting of evidences, testimonies/ documents, and then judgement whether guilty or not guilty.   CONDUCTED BEFORE THE COURT Which court? Where the C/ I was filed  Such is made in OPEN COURT ARRAIGNMEN a. Furnished a Copy of the C/ I. b. Reading the same in the T AND PLEA language or dialect known to him c. Asking him whether he pleads (C-R-A) guilty or not guilty. [BASICALLY, IT IS THE FORMAL READING OF THE ACCUSATIONS AGAINST THE  -- ARRAIGNMENT PLEA FORMAL RESPONSE ON THE OFFENSE CHARGED AGAINST FORMAL READING OF THTE HIM. OFFENSE CAHRGED AGAINST THE ACCUSED PLEA: GUILTY OR NOT GUILTY  -- WHEN IS PLEA NOT CONSIDERED “GUILTY”?  When the accused REFUSED TO PLEAD  Conditional Plea  Plead Guilty BUT presents an EXCULPATORY evidence  -- NOTE 1: Even if the person has plead Guilty but has defensive justifications= deemed not guilty. NOTE 2: The accused must be PRESENT at the Arraignment and must PERSONALLY ENTER his/ her PLEA MOTION TO QUASH- formal request made to a court to declare a specific legal proceeding invalid or void. It is filed when a party believes that the document or proceeding in question lacks legal sufficiency or validity.   SHALL BE HELD WITHIN 30 days after the arraignment  Such is made before the trial  proper Plea bargaining PRE TRIAL  Stipulation of facts  Marking for identification of evidence P-S-M-W-M-M  Waiver of objections to admissibility of evidence  Modification of the order of trial (if any possible changes is present)  Matters needed to be discussed and must be agreed upon  The accused shall have at least 15 days to prepare for trial  Held within 30 days after Pre trial TRIAL  Presentations of Evidence (both Prosecution and Defense) (P-D)  DIRECT CROSS  REDIRECT  RECROSS EXAMINATIONS  Case be submitted for the decision NOTE 3: If the accused AMDITTED THE ACT/ OM, but has a lawful defense= modification of trial (Self- defense cases)  Adjudication by the court that the accused is GUILTY OR NOT GUILTY. Imposition of penalty and civil liability if any  Written in official language and JUDGEMEN signed by the judge himself.  contains clear statement of facts T and law which the case is based. NOTE 3: If the accused AMDITTED THE ACT/ OM, but has a lawful defense= modification of trial (Self- defense cases)  -- JUDGEMENT MAY EITHER BE: CONVICTION ACQUITTAL  Offense charged  whether the  Aggravating/ evidence of the Mitigating Circ’s PROSE has failed to  Specific prove the guilt of participation of the the accused accused  Failed to prove  Penalty imposed beyond reasonable  Civil liability (if any) doubt  -- WHEN IS THE JUDGEMNT OF CONVICTION BECOMES FINAL??? Waiving of the The decision is after the lapse Accused applied accused to by the Supreme of 15 days for probation appeal court  -- NEW TRIAL AND MOTION FOR RECONSIDERATION NEW TRIAL MFR  Errors of law/  Error of law/ irregularities that irregularities in the could affect the judgement rights of the  No need for another accused proceeding  New evidence  Days of perfecting an found/ have been appeal is suspended discovered until made  New proceedings continued  Any party may appeal from the judgement/ final decision WHERE TO APPEAL? SC Cases decided by the CA APPEAL CA Cases decided by the lower court (RTC) RTC Cases decided by the lower courts (MTC) -- FINALS DISCUSSIONS CORRECTION S  CORRECTION Pillar in PCJS that is in charge of with the responsibility of:  Custody  Supervision  and rehabilitation of the convicted offender.  INSTITUTIONAL CORRECTION BUREAU OF BUREAU OF JAIL PROVINCIAL JAIL CORRECTIONS MANAGEMENT - under the DOJ AND PENOLOGY - Under the - in charged with - under DILG Provincial custody and - Supervision and Government rehabilitation of control the national administration offenders and operation of (imprisonment of all jails in the more than 3 Philippines with years) - safekeeping and development of PDL  -- TYPES OF JAILS 1. LOCK UP JAILS - Security facility common to Police Stations - Used for temporary confinement of an individual held for investigations  -- TYPES OF JAILS 2. ORDINARY JAILS [REGULAR JAILS] - commonly used to for both (offenders awaiting court decisions and offenders who serve their sentence up to 3 yrs) - jails in BJMP (common jails)  -- TYPES OF JAILS 3. WORKHOUSES [JAIL CAMPS] - houses minimum custody offenders who are serving short sentences - those who are undergoing constructive work programs - Provides helpful and beneficial services to the prisoners  -- CLASSIFICATIONS OF PRISONERS DETENTION SENTENCED PRISONERS ON PRISONERS PRISONERS SAFEKEEPING - detained for - Offenders who - non- criminal who investigation, serve their sentence are detained in order preliminary after final conviction to protect the hearing, or by a competent community against awaiting in trial. court. their harmful - A detainee in a lock - Prisoners under the behaviors up jail jurisdiction on penal [mentally deranged individuals, insane people] - They are prisoners institution under the jurisdiction of courts  -- CLASSIFICATIONS OF SENTENCED PRISONERS MUNICIPAL CITY PROVINCIAL INSULAR/ PRISONER PRISONERS PRISONERS NATIONAL S PRISONERS  1 DAY- 6  1 DAY- 3  6 MONTHS  sentenced 3 MONTHS YEARS and 1 DAY – 3 years and 1 DAY YEARS ABOVE  -- MITTIMUS ORDER VS COMMITMENT ORDER MITTIMUS ORDER COMMITMENT ORDER  Warrant issued by the  A written order of the court, or court (bearing its seal any agency authorized by law and the SIGNATURE OF A to issue, entrusting an inmate JUDGE) to a jail/ prison for the purpose  directing the jail/ prison of safekeeping authorities to RECEIVE  Entrusting for confinement of INAMTES for custody or an inmate to a jail/ prison service of sentence - Temporary confinement imposed therein. - Pending case/ awaiting trial  -- 7 PRISON AND PENAL FARMS IN THE PHILIPPINES 1. SAN RAMON PRISON AND PENAL FARM - Zamboanga city - Oldest Penal facility - 1870s  -- 2. IWAHIG PRISON AND PENAL FARM - Puerto Princesa, Palawan - “prison without walls” - known before as Iuhit penal farm - 1905  -- 3. NEW BILIBID PRISON - Muntin Lupa City - National Headquarters - high profile inmates - 1941  -- 4. DAVAO PRISON AND PENAL FARM - Sto. Tomas, Davao Del Norte - DAPECOL - 1932  -- 5. SABLAYAN PRISON AND PENAL FARM - Occidental, Mindoro - 1954  -- 6. LEYTE REGIONAL FARM - Abuyog, Leyte - “youngest prison in PH” - 1973  -- 7. CORRECTIONAL INSTITUTION FOR WOMEN - Mandaluyong, Rizal - “exclusively for women”  NON- INSTITUTIONAL CORRECTIONS A. PROBATION B. PAROLE C. EXECUTIVE CLEMENCY D. TCMP I. COMMUNITY PILLAR A. ADR B. KPB C. JJD  -- EARLY FORMS OF CONTEMPORARY DISCIPLINE FORMS OF  Hard labor PUNISHMENT  Deprivation  Imprisonment  Monotony  Parole  Uniformity  Probation  Mass movement  FINE  Degradation  Destierro  Corporal punishment  Isolation  INSTITUTIONAL VS NON- INSTITUTIONAL  Imprisonment/  Community- based Incarceration approach  Jail  Probation  Prison  Parole  Rehabilitation Center  Executive Clemency (facility)  FINE  Rehabilitation programs  NON-INSTITUTIONAL CORRECTIONS  A type of correction approach that takes place in the community  Not prison based  Alternative to imprisonment, but supervised.  NON- INSTI APPROACHES PROBATION probare (Latin verb) - to prove or to test probatio - testing period A disposition by which, a defendant after having been convicted of an offense which penalty DOES NOT exceed 6yrs is subjected to conditions of the releasing court, and is under the supervision of a probation officer  -- PURPOSE OF PROBATION 1. Promote the correction and rehabilitation of the offender by providing him with individualized treatment. 2. Provide an opportunity for the reformation of a penitent offender. 3. Prevent re offending  -- PRIVELE PROBATION IS A MATTER OF ________________ GE  Only those persons who are qualified may apply  Its grant depends upon the discretion of the trial court.  No person shall be placed on probation except upon the following:  Prior investigation by the probation officer  Determination by the court  Best interest of public  -- DISQUALIFICATION IN THE APPLICATION OF PROBATION 1. Sentence of 6 years UP 2. Committed Crimes against Security of the State. 3. Previously Convicted/ Destierro 4. Previously Granted of Probation 5. Already serving sentence  -- CONDITIONS IN Once granted: PROBATION  the execution of If violated: sentence will be  Revocation of probation suspended  Arrested  the petitioner will  Continue but rules will be be released to the community modified.  With terms and condition imposed by the NOTE: PROBATION IS GRANTED BY court THE COURT  with the supervision  -- PAROLE It is the conditional release of a prisoner from correctional institution after serving the minimum period of prison. NOTE: PAROLE IS GRANTED BY THE BOARD OF PARDONS AND PAROLE  -- PURPOSE OF PAROLE  Prisoners are selected for release on the basis of individual response and progress within the correctional institution  Serve the remainder of their sentences within the free community provided with necessary controls and guidance.  -- Concept of parole  Parole restores gradual freedom to the prisoner from highly controlled institutional life  gives him/ her guidance and supervision during the transition  not a form of leniency or executive clemency or a reward for good conduct in prison.  Parole bridges the gap between prison life and normal community life.  -- DISQUALIFICATION FOR PAROLE  Convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment  Those convicted of treason and other crimes against the national security  Habitual delinquents, Escapee  Those who were granted Conditional Pardon but violated any of the terms thereof  maximum imprisonment does not exceed 1 year  Those suffering from any mental disorder  Those whose conviction is on appeal  Those who have pending criminal case/s.  -- PROBATION VS PAROLE PROBATION PAROLE  Offender does not  Offender has to serve a need to go to prison part of sentence in prison  Alternative before release imprisonment  Extension of institutional  Granted by the court treatment (judge)  Granted by the board (BPP)  -- BOARD OF PARDONS AND PAROLE  Grants parole  Recommends executive clemency like pardons to the President  Authorizes parolees' transfers and arrests.  -- EXECUTIVE CLEMENCY A. COMMUTATION OF SENTENCE  Reduction, lowering, mitigating or deduction of the sentence.  It may alter death or life sentence to a term of years.  Not an act forgive the offender but merely reduces the penalty stated by the court.  -- EXECUTIVE CLEMENCY A. REPRIEVE  Temporary suspension of the execution of sentence (usually extended to death penalty prisoners).  It is the temporary stay of the execution of sentence exercised by the President  Generally, reprieve is extended to death penalty prisoners.  Execution of sentence is on hold several days (Chief Executive to study the petition of the offender for commutation of sentence or pardon  -- EXECUTIVE CLEMENCY A. AMNESTY  an act granting oblivion general pardon for a past offense  usually granted in favor for those who have committed crimes of a political character (Treason, Sedition, Rebellion, etc)  Granted by the President with the concurrence of congress  To people who are subjected to trial but not have been convicted NOTE: can be availed of before, during and after the trial of the case, even after conviction  -- EXECUTIVE CLEMENCY A. PARDON 1.Absolute Pardon o Total Extinction of the criminal liability o Granted without any condition o It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted. 2.Conditional Pardon o Exempted BUT within certain limits or conditions, o Partial extinction of criminal liability  -- end