Criminal Justice System PDF

citizens for the common good of civilized Criminal Justice System and democratic society. BARANGAY JUSTICE SYSTEM Criminal Justice System (CJS) is the Katarungang Pambarangay or Ba...

citizens for the common good of civilized Criminal Justice System and democratic society. BARANGAY JUSTICE SYSTEM Criminal Justice System (CJS) is the Katarungang Pambarangay or Barangay machinery which society uses in the Justice is enforced by PD 1508 as prevention and control of crime. Others amended by RA 7160 (Local used to define it as ―An orderly Government Code of 1991). It provides for the creation of Lupon progression of events from the time Tagapamayapa (Peace Council) who person is arrested or taken out of the shall exercise administrative supervision community, investigated, prosecuted, of amicable settlement of all disputes sentenced, punished and eventually covered by the Katarungang returned in the community. Pambarangay Law Law Enforcement The first pillar is responsible for the prevention of the commission of crime, Police Ethics in Investigation the protection of life, liberty and RA 6713 – Code of Conduct and Ethical property, and maintaining community Standards of Government Official and peace and order, in general. Employees; PNP Ethical Doctrine Manual Prosecution is the responsibility of the National Prosecution Service (NPS) of the Conflict of interest –when a public Department of Justice (DOJ). Cases are official or employee is a member of the filed in the court against alleged board, an officer, or a substantial offenders, after probable cause has stockholder of a private corporation or owner or has a substantial interest in a been established through evaluation. business Court Relatives –refers to any and all persons The third pillar of the CJS the related to a public official or employee governmental body officially assembled within the fourth civil degree of under the authority of law at the consanguinity appropriate time and place for the administration of justice through which Gift –Refers to a thing or right to dispose of gratuitously, or any act or the state enforce its sovereign rights liberality, in favor of another who and powers. accepts it, Correction Commitment to public interest – The corrections pillar administers the Public officials and employees shall prison and jail systems through always uphold the public interest over corrective, rehabilitative and restorative and above personal interest measures. Professionalism –Public officials and employees shall perform and discharge Purpose of Correction their duties with the highest degree of excellence, professionalism, intelligence a. Punishment and skill b. Deterrence c. Isolation d. Rehabilitation Justness and Sincerity –must remain e. Reintegration true to the people at all times. Act with justness and sincerity and shall not Community discriminate against anyone The Community collectively imposes limitations on individual behaviour of Political neutrality –Public officials and employees shall provide service to Non-Partisanship - PNP members everyone without unfair discrimination shall provide services to everyone and regardless of party affiliation without discrimination regardless of party affiliation Nationalism and Patriotism –Public Social Awareness - PNP members and officials and employees shall at all times their immediate family members shall be be loyal to the Republic and to the encourage to actively get involved in the Filipino people, promote the use of religious, social and civic activities locally produced goods Non-Solicitation of Patronage - PNP Commitment to democracy –Public members shall seek self-improvement officials and employees shall commit through career development and shall themselves to democratic way of life not directly or indirectly solicit influence and values, maintain the principle of or recommendation from politicians public accountability Discipline - PNP members shall PNP Image - The image of the conduct themselves at all times in organization affects the esprit de ’corps, keeping with the rules and regulations of morale and welfare of members and the organization. sense of pride to the organization. Obedience to Superiors - PNP members shall obey lawful orders and Career Management, the Key to be courteous to superior officers Professionalism - Its improper implementation will greatly prejudice the Command Responsibility - In personnel professionalization process accordance with the doctrine of as regard to procurement, promotion, Command Responsibility, immediate commanders shall be responsible for the effective supervision, control and direction of their personnel Police Management Leadership - The effectiveness of law enforcement is Morality - PNP members shall adhere reflective of the managerial capabilities to high standard of morality and and competent leadership decency and shall set good examples for others Delicadeza - In consonance with the Integrity - PNP members shall not allow requirements of honor and integrity in themselves to be victims of corruption the PNP and dishonest practices Justice - PNP members shall strive Political Patronage - All PNP members constantly to respect the rights of others must inhibit himself from soliciting so that they can fulfil their duties and political patronage in matters pertaining exercise their rights as human beings to assignment Humility - PNP members shall recognize the fact that they are public Human Rights - All PNP members servants and not the masters of the must respect and protect human dignity people and man’s inalienable rights to life, liberty and property. Orderliness - PNP members shall follow logical procedures in Secrecy Discipline - PNP members accomplishing tasks assigned shall guard the confidentiality of classified information against Perseverance - Once a decision is unauthorized disclosure, made, all PNP members shall take legitimate means to achieve the goal Regional Director who are vested with even in the face of internal and external disciplinary authority over personnel difficulties Customs – Established usage or social Provincial Director practices carried on by tradition that has a. Director, City Police Office of Highly obtained the force of law. Urbanized or Chartered Cities b. Chief, Regional Public Safety Tradition – Bodies of belief, stories, Battalion customs and usages handed down from c. Chief, Regional Administrative generation with the effect of unwritten Support Unit law. d. Chief, Regional Operational Support Unit Courtesy – A manifestation of expression of consideration and respect Regional Director for others as proper to special occasion. a. Director, Police District Office, National Capital Region Police Office Social Decorum – A set of norms and standards practiced by members during b. Director National Administrative social activities and other functions. Support Unit c. Director, National Operational Support Unit PNP Administrative Machinery Finality of Decision – there is finality of decision when upon the lapse of ten Answer– a responsive pleading (10) days from receipt containing the respondent's negative and affirmative defenses. Formal Charge - a complaint initiated before any of the disciplinary authorities Appellate Bodies – shall refer to the or IAS (RAB), (NAB),(SILG); and (CSC). Jurisdiction– the authority vested by Citizen’s Complaint – a formal charge law to hear and decide a case. initiated by a natural or juridical person or his/its duly authorized representative Minor Offenses – any act or omission or guardian on account of an injury, not involving moral turpitude, but damage affecting the internal discipline of the PNP Complaint – a written or sworn statement regarding a wrong, grievance or injury sustained by a person. Moral Turpitude – includes everything which is done contrary to justice, Complainant– one who initiates a honesty, modesty, or good morals complaint against a uniformed member of the PNP, either as complaining Newly Discovered Evidence – that witness or as a concerned government evidence which could not have been agency discovered and produced during the hearing Decision – the written disposition of the disciplinary authority or appellate body Pre-charge Investigation - is the stating clearly the facts and the law preliminary examination and evaluation of the complaint for the purpose of determining the existence Equivalent Supervisors – PNP Officers occupying positions/ designations equivalent to that of Chief Probable Cause - is the existence of of Police, Provincial Director and such facts and circumstances as would excite the belief, in a reasonable mind  Transfer of Investigations) Substantial Evidence– such relevant evidence as reasonable mind might ID No.2015-02 (Quality Assurance accept Support to the victims and Complainant) Restrictive Custody - is a disciplinary measure that may be imposed by the chief of the Philippine National Police, Informant - any person who furnishes may consist of confinement within the information directly leading to camp with proper accounting and orproximately resulting in the capture monitoring Serious Charge– refers to a complaint Investigation Plan- serves as a involving an offense where the working plan and strategy in the conduct maximum imposable penalty is of investigation to come up dismissal from the service. Heinous/Violent crimes - refer to crimes directed against politicians, Subpoena Ad Testificandum - a electedgovernment officials through process directed to a person requiring shooting, bombing,strafing, assault overt him to appear and testify acts resulting in their death or incapacitation Subpoena Duces Tecum - a process directing a person to appear and bring Journal of the Case- pertains to the with him books record of the daily progress of what has been done Summary Proceeding – an expeditious administrative proceeding conducted On-Scene Command Post - refers to a consistent with due process temporary area established in the vicinity of a crime scene Summons – a written notice informing the respondent that he is charged with an offense and directing him to file an Sensational Crimes — refer to crimes Answer. directed against politicians, elected government officials, government Pre-charge evaluation is a process to officials appointed by the President determine the existence of probable judges other violent overt acts resulting cause based on the allegations in their death or incapacitation that attract national/international public attention/scrutiny. DIDM InvestigativeDirectives SITG - refers to the Special Investigation Task Group created SOP No. 02/11 (Procedure in the whenever amajor case or crimes of Creation and Activation of SITG to violence occur Handle Heinous and Sensational Crimes) Surveillance - is a clandestine form of ID No. 2015-03 (Guidelines in the investigation which consists of keeping Investigation, Documentation and any person, place, Filing of Drug-Related Cases Witness - any person who has personal LOI 37/10 (establishment of PNP knowledge of the crime or violence Quality Service Lane as a Component committed of the Model Police Station Project ID 2017-16 (Guidelines on the Investigator-on-Case (IOC) – refers to God-fearing (Maka-Diyos) - this refers any police officer who is duly designated to what man truly needs, man’s greatest or assigned to conduct the inquiry of the need is for God. crime Desk Officer (DO) – refers to the Duty PNCO in the police station detailed to Being free and a master of his receive and record complaints and environment- man's conduct and his reports of crime incidents reactions to environmental conditions are often different from that of an animal Being free and a master of his Investigators Beat – the designated environment, man's conduct and his area or route that is part of a sector reactions to environmental conditions where investigators conduct are often different from that of an animal investigative patrols or community visits. Quad Policing – is the interplay of Character function of police operations, Refers to the tendency to act in ways intelligence investigation and community that are consistent with what one relations understands to be morally right Respect Is an attitude of caring about people and PNP Spiritual and Values Formation treating them with dignity Program Commitment As a choice to live life in harmony with PNP CORE VALUES one's personal values based on what he 1. Honor refers to the fairness or believes and not what others want him integrity in ones’ belief and to believe actions allegiance to moral principles Coaching - a process in which a 2. Justice is generally understood manager, through direct discussion and to mean what is right, fair, guided activity, helps a colleague to appropriate, deserved. It is a learn to solve a problem virtue by means which man gives to others what is their due Counseling - is a supportive process by a manager to help an employee define 3. Service -organization and the and work through personal problems individuals in it, from the Chief, that affect job performance PNP to the lowest level, PO1, see themselves as helping others Mentoring - is a process that increases to achieve the organizational a person’s competence through guided goal. support sustained through a period of time to facilitate learning and development Humane (Makatao) - This value refers to the attitude of caring about people Career Development is the series of and treating them with dignity activities or the on-going/lifelong process of developing one's career. Motivating to achieve excellently in the Nationalistic (Makabayan) - this refers field of his/her chosen expertise to loyalty and devotion to one's nation or country, especially as above loyalty to other groups or to individual interests Self-Image: This is in essence what you see in yourself. It is all about how you see yourself in the present moment Self-Ideal: This is how you wish you could be at a future time LOI 55/07 “Pamana‖; Philippine Act on Crimes Against International Self-Esteem: This encompasses your Humanitarian Law current emotional experiences. It also refers to the extent to which you like or approve of yourself Human Rights are basic rights and freedoms that all human beings have regardless of age, sex, religion, nationality, ethnic origin, economic Stress Management status, occupation and any other status. Stress- is a positive motivating force which affects the person throughout Human Rights in Law Enforcement their lives a. We are all human. All of us have -simply a reaction to a stimulus that human rights; disturbs our physical or mental b. Power and authority of equilibrium government/PNP comes from the people; c. We must uphold human rights to Stress Management- refers to the wide prevent abuse of power & spectrum of techniques and authority; psychotherapies aimed at controlling a d. PNP as Human Rights Protector; and person’s level of stress e. PDG RAUL M BACALZO, Chief, PNP statements on the promotion of Human Rights: Two kinds of Stress Tools to Bridge the Gap 1. Positive Stress- Positive stress a. Professionalism; is called Eustress. It can help the b. Education & Training; person to survive in a demanding c. Policies & Plans; and situation and give an extra burst d. Human Rights Principles & Practices 2. Negative Stress/Distress- Negative stress is usually the outcome of a poor attitude Effect when we don’t bridge the gap towards a stressor (being a. Justice delayed, justice denied; reactive), poor time mgt b. The PNP Loses Trust & Confidence of the Community; Police Stress c. PNP/Government Suffers from The pressure of law enforcement put the Criticism from Media & Other police officers at risk for high blood Sectors; pressure, insomnia d. Our Relations with the International Community are affected; The Seven A’s of Dealing with e. Human Rights Violations are Stressful Situations Committed; and 1. Awareness f. We could face Criminal & 2. Approach Administrative Charges; end of Police 3. Attitude Career. 4. Adaptability 5. Assertiveness 6. Acceptance 7. Almighty Human Rights Issues in the Context of Investigation Procedures with Case Analysis Reasons to be a Rights-Based Police Organization? Basic Qualities of a Reporter: 1. Skeptic (which means disbeliever, doubter); a. Article II – Declaration of Principles and State Policies – 2. Arrogant (which means big- 1987 Constitution headed, proud, overconfident); b. The 1987 Philippine Constitution c. Administrative Order 249 3. Strained (which means stressed, d. PDG RAUL M BACALZO, Chief, tense, worried, nervous); and PNP Statement in the PNP’s Rights-Based Policing 4. Competitive (which means aggressive, bloodthirsty, ready for action) Media Management in Criminal Investigation Role of Media: 1. Inform the public; Public Information– Information that 2. Public service; may be of interest to the general public 3. Entertain; about policy, procedures and events 4. Educate; and involving the PNP or such other 5. Make money newsworthy information News Media Representative– An individual employed by agencies of PROPER DECORUM IN DEALING the media wires to gather information WITH THE MEDIA and report on a newsworthy event. 1. Never, ever lie; 2. Don’t speculate; Accredited Media Representative– A 3. Don’t argue; media representative duly 4. Talk only about what you know (If you recognized by the PNP, through the PIO don’t know, say so); News – An event of significance, with 5. ―no comment‖ doesn’t work (The broad interest due to such values as viewer may perceive you are guilty or impact, timeliness and revelation hiding something, Instead, you might say ―we are very concerned about that, Press Release– It is the official and are etc…); statement issued by the PNP to the 6. Be yourself; media. 7. Don’t get angry; 8. Wear proper uniform during live TV Public Information Officer (PIO) – The interviews; official authority who serves as a central 9. Listen, pause, think, then answer; source of information for release by the 10. Each statement stands alone; PNP and responds to requests for 11. Look at the reporter, not the camera; information and 12. If you choke, ask to start again Spokesperson – The officially- designated authority who acts as the mouthpiece of the PNP and usually PIO/spokesperson plays a very speaks on behalf of the C, PNP. important role in dealing with the media and must observe the Crisis– A crucial or decisive point or following procedures: situation in the course of anything. 1. Maintain control. Release only what you want and when you want; Criminal Intelligence Information– Refers to any information with respect to 2. Emphasize your concern for the an identifiable person or group of welfare of all involved. Be sincere; and persons collected by a police unit/departmen 3. Set up an area for the media. use something they have uncovered, and you have no control over what Criminal Law 1 they may uncover. 1. Have the necessary records Criminal Law - is that branch of law that available for your reference, if may define crimes, their possible. nature, and provides for their punishment. 2. Don’t play favorites. Any information that goes to one Crime - it is an act or omission source in the crisis is fair game to committed or omitted in violation of a all. public law forbidding 3. Keep cool. If reporters get CHARACTERISTICS OF CRIMINAL overeager, they are probably LAW under pressure to provide news updates. General – the law is binding to all 4. Always accentuate the positive. persons who live and sojourn in the Never fail to acknowledge the Philippine territory cooperation of the media. Territorial – the law is binding to all ABC’s of Writing crimes committed within the National 1. Accuracy Territory of the Philippines. a) False story undercuts public trust. b) Check numbers, spelling of names, Prospective – the law does not have who said what, and the other basic any retroactive effect, except if it is facts. A story can be creative and favorable to the accused who is not compelling, but if it contains errors, it is habitually delinquent worthless. Felonies are acts or omissions 2. Brevity punishable by the RPC. It is committed a) Each word in your story should do a not only by means of deceit (dolo) but job. If not, take it out. also by means fault (culpa). b) Get to the point. Say it just once. Don’t be redundant. (Example: Don’t say ―8 a.m. in the According to Manner or Mode of morning,‖ since 8 a.m. is in the morning. Execution Just say 8 a.m. Or say 8 in the a.Intentional Felonies- the act or morning.) omission of the offender is malicious. 3. Clarity b. Culpable Felonies. the act or a) Start with complete, competent omission by the offender is not reporting. malicious. The injury caused by the b) Understand your subject so offender is unintentional imprudence, completely that your story leaves it negligence, lack of foresight or lack of crystal-clear in the reader’s mind. skills. According to Stages of Execution a.Attempted Felony. The offender commences the commission of a felony directly by overt acts, and does not perform all the acts of ,spontaneous desistance. b.Frustrated Felony. The offender performs all the acts of execution but which nevertheless do not produce it  execution of the act c. Consummated Felony. The offender constituting the crime. performs all the elements necessary for 2. Principal by Inducement - its execution and accomplishment. one who takes part in the commission of the crime by directly forcing another to commit a crime According to Gravity of Felony 3. Principal by Indispensable a.Light felonies - are those infractions Cooperation- one who of law for the commission of which the rendered cooperation in the penalty of arresto menor commission of the offense by performing another act, b. Less Grave Felonies - those which without which it would not the law punishes with penalties which in have been accomplished their maximum period are correctional. c. Grave Felonies – those which the B. Accomplices -Those who are not law attaches the capital punishment or considered as principals but took part in penalties which in any of their periods the commission of the crime by either are afflictive simultaneous or previous acts c. Accessories -Those who, having knowledge of the commission of the CIRCUMSTANCES AFFECTING crime, and without having participated CRIMINAL LIABILITY therein, either as principals or accomplices, take part subsequent 1.Justifying Circumstances - where the act of a person is in accordance with law such person is deemed not to have Compound Crime violated the law Those exist when a single act constitutes two or more grave or less 2. Exempting Circumstances – those grave felonies: circumstances that exempt the offender from criminal liability Complex Crime Proper 3.Mitigating circumstances– those Those exist when an offense is a circumstances which reduce the penalty necessary means for committing the for a crime but does not erase criminal other ,That both or all of the offenses liability must be punished under the same statute. 4.Aggravating Circumstances - Those Special Complex Crime circumstances which serve to have the This type of crime is a form of plurality of penalty imposed in its maximum period crimes but treated as a single act provided by law for the offense or those because it is covered by a provision of that change the nature of the crime. the RPC. Examples are Robbery with 5.Alternative Circumstances - those Rape/Homicide which must be taken into consideration as aggravating or mitigating CLASSIFICATION OF PENALTIES A. Principal Penalties: PERSONS CRIMINALLY LIABLE FOR 1. Capital Punishments; and FELONIES 2. Death. A. Principal B. Afflictive Penalties: 1. Principal by Direct 1. Reclusion Perpetua; Participation - one who 2. Reclusion Temporal; personally takes part in the 3. Perpetual or Temporary Absolute Agent of Person in Authority – any Disqualification; person who, by direct provision of law or 4. Perpetual or Temporary Special by election or by appointment by Disqualification; and competent authority 5. Prision Mayor. c. Correctional Penalties: 1. Prision Correctional; Adultery 2. Arresto Mayor; a. That the woman is married; 3. Suspension; b. That she has sexual intercourse with D. Light Penalties: a man not her husband; and 1. Arresto Menor; and c. That as regards the man with whom 2. Public Censure. she has sexual intercourses, he must know her to be married. E. Penalties common to the preceding classes: Concubinage 1. Fine; a. That the man must be married; 2. Bond to keep the peace. b. That he committed any of the following acts; 1) Keeping a mistress in the conjugal dwelling. Criminal Law 2 Oral defamation/Slander The action of a serious and insulting INFANTICIDE nature is grave slander while light insult a. That a child was killed; or defamation – not serious in nature is b. That deceased child was less than simple slander three days old of age; and c. That the accused killed the said child. Intriguing Against Honor Malicious Mischief a. Offender made any intrigue; and a. That the offender deliberately caused b. Has the principal damage to the property of another; Trespass to Dwelling Arbitrary Detention a. Offender is a private person; a. That the offender is a public officer or b. He enters the dwelling of another; and employee whose official duties include c. The entrance is against the latter’s will. the authority to make an arrest and detain persons and its jurisdiction is to Grave Threats maintain peace and order; a. By threatening another with the infliction upon his person, honor or Violation of Domicile property or that of his family of any a. That the offender is a public officer or wrong amounting to a crime and employee; demanding money or imposing any other condition, even though not unlawful; 1) entering any dwelling against the will of the owner thereof; 2) searching papers or other effects Grave Coercions found therein without the previous a. That a person prevented another from consent of such owner doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong; Anti-Money Laundering Act (RA 9160) Persons in Authority – any person directly vested with jurisdiction, whether RA 9165 Dispense- Any act of giving away, as an individual or as a member of selling or distributing medicine or any some court or governmental dangerous drug with or without use of corporation, board or commission: prescription.  (RA 8353) Rape Law (RA 8505) Rape Victim Assistance and Deliver- Any act of knowingly passing a Protection Act dangerous drug to another personally or (RA 9262)Violation of Women and otherwise and by any means with or Children Act without consideration. (RA 9775)Anti Child Pornography Act Pusher- Any person who sells, trades, Gender - refers to the socially constructed roles, behaviors, activities, administers, dispenses, delivers transits and attributes that a given society or transports dangerous drugs or who considers appropriate for men and acts as a broker in any of such women. transactions. Sex - refers to the biological and Ra 10591 physiological characteristics that define Trading - Transactions involving the men and women. illegal trafficking of dangerous drugs Gender Sensitivity- an act of being and/or controlled precursors and sensitive to the ways people think about essential chemicals gender. Gender sensitivity tries to ensure that people rely less on Arms smuggling- refers to the import, assumptions about traditional export, acquisition, sale, delivery, movement or transfer of firearms Gender Roles - a set of social and behavioral norms that are generally considered appropriate for either a man Firearm- refers to any handheld or or a woman portable weapon, whether a small arm or light weapon, that expels or is Stereotypes- These are generalizations designed to expel a bullet or assumptions that people make about the characteristics of all members of a group based on an image Type 1 license –2 registered firearms Third Gender/Third Sex- describe Type 2 license –5 registered firearms; individuals who are considered to be Type 3 license –10 registered firearms; Type 4 license –15registered firearms; neither women nor men. Type 5 license –more than 15 registered firearms. Women Empowerment - refers to the provision, availability, and accessibility of opportunities, services PD 532 ANTI-PIRACY AND ANTI- HIGHWAY ROBBERY LAW Marginalization - refers to a condition Vessel – Used to transport passengers and cargo from one place to another where a whole category of people is through Philippine waters excluded from useful and meaningful participation Piracy – The penalty of reclusion temporal in its maximum periods shall Marginalized - refers to the basic, be imposed. If physical injuries or other disadvantaged, or vulnerable persons or crimes are committed groups who are mostly living in poverty Sexual Harassment- the unwanted and Overview on the Violation of offensive sexual advances or sexually Women and Children Protection offensive remarks or acts especially by Laws one in a superior or supervisory position Magna Carta of Women (RA 9710) Psychological Violence - refers to acts Sexual Harassment Act (RA 7877) or omissions causing or likely to cause mental or emotional suffering of the distributing through any means any victims. material Economic Abuse - refers to acts that make or attempt to make a woman Internet Relay Chat (IRC) servers have financially dependent which includes chat rooms in which people from anywhere the world can come together Battery - An act of the inflicting physical and chat with each other harm upon the woman or her child resulting to physical and psychological or emotional distress. Email Bombing -This kind of activity refers to sending a large number of mail Battered Woman Syndrome - pattern of psychological and behavioral Data Diddling; This kind of an attack symptoms found in women living in involves altering raw data just before a battering relationships as a result of computer processes it and then cumulative abuse. changing it back Stalking - Unintentional act committed Salami Attack; normally prevalent in by a person who, knowingly and without the financial institutions, of this type of offence is that the alteration is so small lawful justification follows the woman that it would normally go unnoticed. Sexual exploitation- Refers to Forgery- Currency notes, revenue participation by a person in prostitution stamps, mark sheets etc. can be forged or the production of pornographic using computers and high quality materials scanners and printers. Cyber Terrorism - Use of computer Prostitution - Refers to any act, resources to intimidate or coerce others. transaction, scheme or design involving the use of a person by another, for sexual intercourse Web Jacking- Hackers gain access and control over the website of another, even they change the content of website Pornography - Refers to any for fulfilling political objective or for representation, through publication, money. exhibition, cinematography, indecent shows, information technology, or by whatever means Supreme Court Writ Issuances Writ of Amparo Child abuse - refers to the Is a remedy available to any person maltreatment, whether habitual or not, of whose right to life, liberty and security is the child violated or threatened with violation by an unlawful act or omission of a public Children - refers to person below official eighteen (18) years of age or those over but are unable to fully take care of Habeas Data. themselves It is a remedy available to any person whose right to privacy in life, liberty or Internet Service Provider (ISP) - a security is violated or threatened by an person or entity that supplies or unlawful act or omission of a public proposes to supply, an internet carriage official service to the public Internet Café or Kiosk - establishment Nature of the Writ. that offers or proposes to offer services The writ is a remedy available to a to the public for the use of its natural or juridical person, entity computer/s authorized by law, people’s organization, non-governmental Pandering - the act of offering, involving environmental damage advertising, promoting, representing or DOJ Protection Programs d. Republic Act No. 9344 (The and Salient Issuances Juvenile Justice and Welfare Act); Republic Act No. 6981 "The Witness Protection, Security and Benefit Act", e. Republic Act No. 9775 (Anti- seeks to encourage a person who has Child Pornography Act of 2009); witnessed and f. Republic Act No. 9255 (An Act Allowing Illegitimate Children to Evaluation, Examination and Use Surname of their Father). Admission into the Program Any person desiring admission into the Program shall fill up and file an application form provided for the purpose by the Department of Justice Rules on Evidence (DOJ) through the Secretariat, Witness Protection Security and Benefit Evidence – evidence is the means, Program. sanctioned by the rules of court, of ascertaining in a judicial proceeding the Person who can be Admitted into the truth respecting a matter of fact. Program: 1. Any person who has knowledge of or Proof – evidence or argument information on the commission of a establishing or helping a fact or the truth crime and has testified or is testifying or of the statement. is willing to testify; 2. A witness in a congressional Factum Probandum – ultimate fact or investigation, upon the recommendation the fact sought to be established. of the legislative committee where his testimony is needed and with the Factum Probans – evidentiary fact or approval of the Senate President or the the fact by which the factum probandum Speaker of the House of is to be established. Representatives, as the case may be; 3. A witness who participated in the Relevancy commission of a crime and who desires to be a state witness; and 1. Relevant – evidence having value in 4. An accused who is discharged from reason as tending to prove any matter an information or criminal complaint by provable in an action. the court in order that he may be a State witness. 2.Material – evidence directed to prove a fact in issue. The issue is determined Executive Order No. 53 by the rules of substantive law and Strengthening the Committee for the pleadings. Special Protection of Children (CSPC), amending for this purpose Executive 3. Competent – one that is not Order No. 275 (Series 1995) excluded by law in particular case a. Republic Act No. 9231 (An Act Providing for the Elimination of 1.Cumulative – evidence of the same the Worst Forms of Child Labor); kind b. Republic Act No. 9208 (The 2. Corroborative – additional evidence Anti-Trafficking in Persons Act of of a different kind 2003); c. Republic Act No. 9262 (Violence An Extra-judicial Confession - made Against Women and Their by an accused, shall not be sufficient Children Act); ground for conviction, unless Inquest Proceedings - is the informal corroborated by evidence of corpus and summary of investigation conducted delicti. by Public Prosecutor (called the inquest prosecutor) in criminal cases Corpus Delicti – is the body upon which a crime has been committed, e.g. Complaint - is a sworn written the corpse of a murdered man or the statement charging a person with an charred remains of a house burned offense, subscribed by the offended down. party,. Res Gestae” refers to matter incidental Information - is an accusation in writing to the main fact and explanatory of it, charging a person with an offense, including the acts and words which are subscribed by the prosecutor so closely connected therewith as to constitute a part of the transaction Search Warrant is an order in writing issued in the name of the People of the Preponderance of Evidence (Civil Philippines, signed by the Judge and Case) directed to any Peace Officer, commanding him to search for personal Proof Beyond Reasonable Doubt property (Criminal Case) -The accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Rules of Court Circumstantial Evidence: (Criminal Case) Circumstantial Evidence is sufficient for Judicial Branch- vested in the conviction if: Supreme Court of the Philippines and a. there is more than one lower courts, as established by law (Art. circumstance; VIII, sec. 1 of the 1987 Constitution). Its b. the facts from which the power includes the duty of the courts of inference are derived are proven; justice to settle actual controversies Court- an organ of the government Substantial Evidence: belonging to the Judicial Branch, the That amount of relevant evidence which function of which is the application of the a reasonable mind might accept as laws to controversies brought before it adequate to support a conclusion. as well as the public administration of justice Legal Forms Classification of Philippine Courts: Sworn Statement is a document that 1. Courts of Original Jurisdiction- contains facts that are relevant to a legal proceedings maybe originally proceeding. commenced. 2. Courts of Appellate Jurisdiction Crime Scene - is the place from which review on appeal the decisions or orders most physical evidence associated with of a lower court (CA, RTC, SDC, SC). crime will be obtained. 3. Courts of General Jurisdiction Those competent to decide their own Crime Scene Investigation - is the jurisdiction and to take cognizance of all conduct of processes more particularly kinds of cases, the recognition, search, collection, handling, preservation and 4. Courts of Special Jurisdiction documentation of physical evidence no power to decide, try cases as 3. Property used or intended to be permitted by statute. used as the means of committing an offense. 5. Constitutional Courts Those which owe their creation and existence to the Constitution and therefore cannot be legislated out of Valid Search and Seizures without existence Search Warrant 6.Statutory Courts - with jurisdiction 1. Search made incidental to a valid exclusively determined by law. arrest 2. Search of moving vehicles 7. Superior courts -power of review or 3. Seizure of evidence in plain view supervision over another and lower 4. When there is waiver of the right or court (RTC, CA, SC). there is consented search 5. searches under stop and frisk rule 8. Inferior courts -in relation to another court, are lower in rank and subject to 6. Emergency and exigent review and supervision by the latter circumstances (MTC, MCTC, MTC) 7. Tipped Information Arrest is the taking of a person into custody in order that he may be bound toanswer for the commission of an offense BAIL is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court Search - it is an examination of individual's person, house, papers or effects or other buildings and premises to discover contraband Probable Cause- It is a reasonable belief that a person has committed a crime. Search Warrant-is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer Items to be seized. 1. Properties which are the subject of the offense; 2. Property stolen or embezzled and other proceeds or fruits of the offense;