CJ Note 2 PDF

ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL Evidence ▶REVISED RULES ON EVIDENCE ▶A.M. No. 19-08-15-SC ▶May 1, 2020 Evidence - The means sanctioned by the law (Rules of Court) of ascertaining in a judicial proceeding the truth respecting a matter of fact. Factum probandum vs. Factum Probans ▶ FACTUM PROBANDUM- the ultimate fact or the fact sought to be established. It is the fact to be proved. ▶ FACTUM PROBANS- the evidentiary fact or the fact by which the factum probandum is to be established. Classification of evidence: 1. Object or real or autoptic evidence or physical evidence or tangible evidence - that which is directly addressed to the senses of the court and consists of tangible things exhibited in court. ▶ Chain of Custody - the presenter of an object evidence may be required to prove its chain of custody, that is the people who took charge thereof from its recovery to presentation in court so that it may pass the process of authentication. If the object evidence is easy to identify, mere testimony of witness is sufficient. 2. Testimonial evidence - that which is submitted to the court through the testimony or deposition of a witness. It is that which directly comes out of the witness’s mouth, oral or written, such as depositions and affidavits. 3. Relevant evidence - evidence having any value in reason as tending to prove any matter provable in an action. 4. Material evidence - evidence directed to prove a fact in issue as determined by the rules of substantive law and pleading. 5. Competent evidence - evidence that is not excluded by the rules, statute or the Constitution. 6. Direct evidence - that which proves the fact in dispute without the aid of any inference or presumption. 7. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or provable consequence. 8.Cumulative evidence - evidence of the same kind and to the same state of facts. 9.Corroborative evidence - additional evidence of a different character to the same point. 10. Expert evidence - the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons. 11. Prima Facie Evidence - that which standing alone, unexplained or uncontradicted, is sufficient to maintain the proposition affirmed. 12. Primary evidence - that which the law regards as affording the greatest certainty of the fact in question 13. Secondary evidence or Substitutionary Evidence - that which is inferior to the primary evidence and is permitted only when the best evidence is not available. 14. Positive evidence - when a witness affirms that a fact did or did not occur. 15. Negative evidence - when a witness states he did not see or know of the occurrence of a fact. 16. Documentary Evidence – it consists of writings or any material containing letters, words, numbers, figures, symbols, or other modes of written expressions offered as proof of their contents. 17. Electronic evidence - document or information received, recorded, transmitted, stored, processed or produced electronically. 18. Forgotten evidence - evidence which was not presented in court because of oversight or forgetfulness of a party or counsel. 19. Exculpatory evidence - that evidence which will excuse a person from an alleged fault or crime. 20. Evidence Aliunde or Extraneous evidence - evidence from outside or another source. 21. Inculpatory evidence - are evidence which has the tendency to implicate or incriminate a person. When is Evidence Admissible? Evidence is Admissible when: RELEVANT to the fact in issue and is not excluded by the law or rules of court (COMPETENT). WHAT IS JUDICIAL NOTICE ▶the cognizance of certain facts which judges may properly take act on without proof because they already know them. MANDATORY JUDICIAL NOTICE A court shall take judicial notice, without the introduction of evidence, of: ▶ the existence and territorial extent of states, ▶ their political history, ▶ forms of government and symbols of nationality, ▶ the law of nations, ▶ the admiralty and maritime courts of the world and their seals, ▶ the political constitution and history of the Philippines, ▶ the official acts of legislative, executive and judicial departments of the National Government of the Philippines, the laws of nature, ▶ the measure of time, and ▶ the geographical divisions. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 1 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL DISCRETIONARY JUDICIAL NOTICE A court may take judicial notice of matters which are: ▶ of public knowledge, or ▶are capable to unquestionable demonstration, or ▶ought to be known to judges because of their judicial functions BEST EVIDENCE RULE DEFINED (Original Document Rule) ▶When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is admissible other than the original document itself, except in the following cases: (a)When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; (b)When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice, or the original cannot be obtained by local judicial processes or procedures; (c)When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and (d)When the original is a public record in the custody of a public officer or is recorded in a public office; and (e)When the original is not closely-related to a controlling issue. NOTE: In a prosecution for libel published in a newspaper, a copy of said newspaper is the best evidence to establish the crime, not what the reader says. In a case of falsification of document, the document alleged to have falsified is the best evidence. To prove the fact of death, the best evidence is the death certificate. To prove marriage, the marriage contract. To prove one’s age, birth certificate. To prove ownership of a piece of land, land title To prove ownership of a motor vehicle, certificate of registration in one’s name. DEFINE PAROL EVIDENCE RULE When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. WHAT ARE THE EXCEPTIONS TO THE PAROL EVIDENCE RULE? a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in a verified pleading: (1) An intrinsic ambiguity, mistake or imperfection in the written agreement; (2) The failure of the written agreement to express the true intent and agreement of the parties thereto; (3) The validity of the written agreement; or (4) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. The term "agreement" includes wills. WITNESS DEFINED ▶a person who makes a statement to a judicial tribunal on a question of fact. WHAT ARE THE QUALIFICATIONS OF A WITNESS? All person who can perceive and perceiving and can make known their perception to others, may be witnesses. COMPETENCY OF A WITNESS Is the legal fitness or ability of a witness to be heard in the trial of a cause/case. THINGS THAT DO NOT DISQUALIFY A WITNESS Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. DISQUALIFICATION BY REASON OF MARRIAGE ▶ During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except: ▶ in a civil case by one against the other, or ▶ in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. REQUISITES OF DQ BY REASON OF MARRIAGE 1. The spouses involved must be legally married; and 2. Either of the spouse is a party to the case __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 2 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL DISQUALIFICATION BY REASON OF MARRIGE Also known as the “Marital Disqualification Rule” “Spousal Disqualification Rule” DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION WHAT IS PRIVILEGED COMMUNICATION? Ccommunications received in confidence by a person from another by reason of trust or intimate relationship may not be revealed to the court. The following persons cannot testify as to matters learned in confidence: 1. The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants; (Marital Communication Rule/Spousal Immunity Rule/Husband and Wife Privilege) 2. (b)An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk, or other persons assisting the attorney be examined, without the consent of the client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases: (i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (ii) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos transaction; (iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her client, or by the client to his or her lawyer; (iv) relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise. 3. physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot in a civil case, without the consent of the patient, be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or psychotherapist. This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist. ▶A psychotherapist is: (a)A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or (b)A person licensed as a psychologist by the government while similarly engaged. 4. A minister, priest reasonably believed to be so cannot, without the consent of the affected person, be examined as to any communication or confession made to or any advice given by him or her, in his or her professional. 5. A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. WHAT IS PARENTAL AND FILIAL PRIVILEGE? No person may be compelled to testify against his parents, other direct ascendants, children and other direct descendants except when such testimony is indispensable in a crime against that person or by one parent against the other. ▶PARENTAL PRIVILEGE Parents cannot be compelled to testify against his descendants; ▶FILIAL PRIVILEGE means, witness cannot be compelled to testify against his parents or other direct ascendants ADMISSIONS, DEFINED any statement of a fact by a party against his interest or unfavorable to the conclusion for which he contends or is inconsistent with the facts alleged by him. It is a statement of fact which does not involve an acknowledgment of guilt or liability (this is the more popular definition). CONFESSIONS, DEFINED The declaration of an accused expressly acknowledging his guilt of the offense charged. A categorical acknowledgment of guilt made by the accused in a criminal case without any exculpatory statement or explanation. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 3 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL 2 KINDS OF CONFESSIONS 1. Judicial Confession – made in the court where the case is pending. 2. Extrajudicial Confession – made in any other place except in the court and cannot sustain or result into a conviction unless corroborated by evidence of CORPUS DELICTI. REQUISITES OF VALID CONFESSIONS ▶ Confession must be express and categorical; ▶ Confession must be intelligent; ▶ Confession must be voluntarily given; ▶ There must be no violation of article III Sec. 12 of the Constitution. COMPROMISE, DEFINED A contract whereby parties by making reciprocal concessions, avoid a litigation or put an end to one already commenced. An agreement made between two or more parties as a settlement of matters in dispute. WHAT IS THE EFFECT OF COMPROMISE IN CIVIL CASES? Offer of compromise not admissible. — In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations admissible, except evidence otherwise discoverable or offered for another purpose, such as proving bias or prejudice of a witness, negativiting a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution. WHAT IS THE EFFECT OF COMPROMISE IN CRIMINAL CASES? In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury. OFFER TO MARRY IN RAPE CASES An offer to marry the rape victim made by the accused is an admission of guilt. A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against the accused who made the plea or offer. Neither is any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, admissible. RES INTER ALIOS ACTA ALTERI NOCERE NON DEBET RULE Means “things done between strangers should not injure those who are not parties to them.” BRANCH I - ADMISSIONS BY A 3RD PARTY The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided. BRANCH II - PREVIOUS/SIMILAR CONDUCT AS EVIDENCE. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time; but it may be received to prove a specific intent or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like. (Res inter alios act alteri noceri non debet-Part II) What is CORPUS DELICTI? ▶it may refer to: ▶The body of the crime or; ▶The actual commission of the crime charged; or ▶The fact that a crime has been actually committed. What are INTERLOCKING CONFESSIONS? is a confession in a criminal case so corroborative of each other as to impose faith that they must have a basis in fact. Where extrajudicial confession has been made by several persons charged with conspiracy and there could have been no collusion with reference to several confessions, the fact that the statements are in all material respects identical is confirmatory of the testimony of the accomplice. HEARSAY ▶ Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion. Hearsay evidence is inadmissible except provided in these Rules. REASON WHY HEARSAY EXCLUDED AS EVIDENCE __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 4 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL It is excluded because the party against whom it is presented is deprived of the right and opportunity to cross examine the persons to whom the statement is attributed. OTHER SAMPLES OF HEARSAY EVIDENCE ▶Affidavits where the affiants were not presented in court for cross examinations. ▶Medical certificates where the doctor who executed the same were not presented in the court for cross examinations. State the rule on DYING DECLARATIONS The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. WHAT IS THE NATURE OF A DYING DECLARATION? ▶ It is essentially hearsay, because one person is testifying on what another person stated. This is because the declarant can no longer be presented in court to identify or confirm his statement and to be confronted with said statement by the accused and be cross examined thereon. 2 REASONS WHY DYING DECLARATIONS ARE ADMISSIBLE ▶ NECESSITY - because the declarant death makes it impossible for him to take the witness stand and ▶ TRUSTWORTHINESS - for when a person is at the point of death, every motive for falsehood is silenced and the mind is induced by the most powerful consideration to speak the truth. MISCONCEPTION IN DYING DECLARATION Q: Will the court automatically convict a person who is named by the victim in his dying declaration? A: No. If the place where the crime occurred was dark or completely dark or his back was turned when he was hit by an unknown assailant, it may not be possible for the victim to identify his assailant and hence his dying declaration naming a particular person to be his killer may not be believed (because it may cause injustice). Part of RES GESTAE Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto, under the stress of excitement caused by the occurrence with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. FACTORS TO BECOME EXPERT WITNESS A. Training and education; B. First hand familiarity with the facts of the case; C. Presentation of authorities or standards from which his opinions are based. State the rule on opinion of expert witness. The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to possess, may be received in evidence. STATE THE RULE ON ORDINARY OPINION General rule. — The opinion of witness is not admissible, except as indicated in the following sections. WHEN IS OPINION OF ORDINARY WITNESS ADMISSIBLE? The opinion of a witness for which proper basis is given, may be received in evidence regarding; (a) The identity of a person about whom he has adequate knowledge; (b) A handwriting with which he has sufficient familiarity; and (c) (c)The mental sanity of a person with whom he is sufficiently acquainted. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. Burden of Proof is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of Evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima facie case. Quantum of Proof PROOF BEYOND REASONABLE DOUBT __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 5 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL  In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or that degree of proof which produces conviction in an unprejudiced mind. CLEAR AND CONVINCING EVIDENCE ▶is evidence more than preponderance of evidence but less than proof beyond reasonable doubt. It is the quantum of proof required to prove insanity, paternity or filiation, self defense among others. PREPONDERANCE OF EVIDENCE ▶ it means that the testimony adduced by one side is more credible and conclusive than that of the other, or the evidence as a whole, adduced by one side is superior to the other. It is not meant the mere numerical array of witnesses, but it means the weight, credit and value of the aggregate evidence on either side. Preponderance of evidence means evidence which is of greater weight or more convincing than the other. SUBSTANTIAL EVIDENCE In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. EXAMINATION OF WITNESS ▶ The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the questions call for a different mode of answer, the answers of the witness shall be given orally. PROCEEDINGS TO BE RECORDED — The entire proceedings of a trial or hearing, including the questions propounded to a witness and his answers thereto, the statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other means of recording found suitable by the court. A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings Rights and obligations of a witness A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a witness: (1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; (2) Not to be detained longer than the interests of justice require; (3) Not to be examined except only as to matters pertinent to the issue; (4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; THE RIGHT OF ACCUSED AGAINST SELF INCRIMINATION ▶ The right of the person against self-incrimination. But it is not self-executing or automatically operational. It must be claimed. Otherwise, it is considered waived, as by failure to claim it at the appropriate time. Hence, the accused must actively invoke it. The proper time to invoke it is when a question calling for incriminating answer is asked. Note also that it applies to testimonial compulsion only. ORDER IN THE EXAMINATION OF WITNESS ▶ (a)Direct examination by the proponent (also known as Examination in chief); ▶ (b)Cross-examination by the opponent; ▶ (c)Re-direct examination by the proponent; ▶ (d)Re-cross-examination by the opponent. DIRECT EXAMINATION ▶Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. CROSS EXAMINATION ▶ Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to many matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. RE DIRECT EXAMINATION ▶ After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct-examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion. RE CROSS EXAMINATION __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 6 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL ▶Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re- direct examination, and also on such other matters as may be allowed by the court in its discretion. RECALLING WITNESS ▶After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require. LEADING QUESTION ▶A question which suggests to the witness the answer which the examining party desires is a LEADING QUESTION. Are Leading Questions allowed? It is not allowed, Except; a. Cross Examination; b. Preliminary Matters; c. When there is a difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf – mute; d. Of an unwilling or hostile witness; or e. Of a witness who is an adverse party or an officer, director, or a managing agent of a public or private corporation or of a partnership or association which is an adverse party. MISLEADING QUESTION ▶A MISLEADING QUESTION is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. IMPEACHMENT OF WITNESS ▶ Process of discrediting a witness. HOW TO IMPEACH A WITNESS? A witness maybe impeached by the party against whom he was called by:  Contradictory Evidence  by evidence that is his general reputation for truth, honesty, and integrity is bad, or  By evidence that he has made at other times statements inconsistent with his present testimony. CAN YOU IMPEACH YOUR OWN WITNESS? NO, the party producing a witness is not allowed to impeach his credibility. Except with respect to witnesses referred to in paragraphs d (unwilling or hostile witness) and e (witness who is adverse party) of Section 10, EXCLUSION AND SEPARATION OF WITNESSES On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined. Document Is a deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth. FOUR KINDS OF DOCUMENTS PRIVATE DOCUMENTS- are every deed or instrument executed by a private person without the intervention of a notary public or other persons legally authorized; by which some disposition or agreement is proved, evidenced or set forth. COMMERCIAL DOCUMENT-any document defined and regulated by the Code of Commerce. OFFICIAL DOCUMENT- a document which is issued by a public official in the exercise of the functions of his office. PUBLIC DOCUMENT - is o n e t h a t is issued by government officials in the course of his or her duties, within the scope of his or her authority, and in conformity with legal requirements. PROOF OF PRIVATE DOCUMENT Before any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either: (a) By anyone who saw the document executed or written; library (b) By evidence of the genuineness of the signature or handwriting of the maker. (c) By other evidence showing its due execution and authenticity. ANCIENT DOCUMENT RULE ▶ Where a private document is more than thirty years old, is produced from the custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given. HOW TO PROVE GENUINESS OF HANDWRITING? The handwriting of a person may be proved: 1. by any witness who believes it to be the handwriting of such person because he has seen the person write, or __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 7 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL 2. by a witness who has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. 3. by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. OFFER OF EVIDENCE ▶means the presentation or introduction of evidence in court. The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. WHEN TO MAKE AN OFFER OF EVIDENCE ▶ As regards the testimony of a witness, the offer must be made at the time the witness is called to testify. ▶ Documentary and object evidence shall be offered after the presentation of a party's testimonial evidence. Such offer shall b e done orally unless allowed by the court to be done in writing. WHEN TO MAKE AN OBJECTION ▶ Objection to evidence offered orally must be made immediately after the offer is made. ▶ Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefore shall become reasonably apparent. ▶ An offer of evidence in writing shall be objected to within three (3) days after notice unless a different period is allowed by the court. ▶ In any case, the grounds for the objections must be specified. RES IPSA LIQUITOR “The thing/fact/transaction speaks for itself. A doctrine which means that where the thing shown to be under the management of the defendant, and where an accident in the ordinary course of event does not happen when the business is properly conducted, the accident itself raises the presumption of negligence in the absence of any. ALIBI  known as the weakest defense in a criminal case. It is an averment that the accused was at another place for such period of time that it was impossible for him to have been at the place where the act was committed at the time of its commission AFFIDAVIT OF DESISTANCE  One where the complainant signifies his withdrawal to file or pursue a criminal case. Usually, it was done because of out of court settlement (usually for some monetary considerations) but is tolerated by the courts. Criminal Justice System CHAPTER 1 TERMINOLOGIES CRIMINOLOGY - body of knowledge regarding crime as a social phenomenon. - It includes within the scope the process of making laws, breaking laws and the society’s reaction towards the breaking of the law. Criminology (RA 11131) - Criminology refers to the scientific study of crimes, criminals, and victims, it also deals with the prevention, and solution of crimes. CRIME General Sense act punishable by public law, committed and/or omitted by a competent person intentionally and/or voluntarily. CRIME FELONY – violations of Revised Penal Code OFFENSE – violations of Special Penal Laws INFRACTION – violations of Ordinance CRIMINAL The criminal is the main character of the Criminal Justice System. CRIMINAL Criminological Sense A person who committed a crime regardless whether reported or referred. Legal Sense A person who was found guilty beyond reasonable doubt. NOMENCLATURES 1. At the police stage- SUSPECT 2. At the Prosecutors office-RESPONDENT 3. At the trial of the case in court-ACCUSED 4. At the Correctional Institution- CONVICT (PDL) __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 8 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL 5. After serving sentence, brought back to community- CRIMINAL (GOPI) JUSTICE Simply means giving someone what is due to him. Being fair and just. Mistake in administering justice 1. Innocent is punished 2. Guilty escapes the punishment 3. Guilty are punished more severe than necessary 4. Guilty are punished less severe than necessary TWO-FOLD ROLE OF JUSTICE 1. Prevention of Crime 2. Apprehension and delivery of justice to Criminal and the State CRIMINAL JUSTICE defined as the system of law enforcement, adjudication, and coercion that is directly involved in the apprehension, prosecution, and control of those charged with criminal offense. CRIMINAL LAW Criminal Law is that branch of public law, which defines crimes treats of their nature, and provides punishment. TWO CLASSIFICATIONS OF CRIMINAL LAW A. SUBSTANTIVE -defines the elements that are necessary for an act to constitute as a crime and therefore punishable. B. PROCEDURAL(REMEDIAL) -refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law. 2 BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS 1. Presumption of Innocence 2. Burden of Proof CHAPTER 2: BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM CRIMINAL JUSTICE SYSTEM Criminal Justice System refers to the sum total of instrumentation which a society uses in the prevention and control of crime and delinquency. It refers to the machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to maintain peace and order. It also comprises all the means used to enforce those standards of conduct which are deemed necessary to protect individuals and to maintain general community wellbeing. PHILOSOPHIES BEHIND THE CJS 1. Adversarial Approach - assumes innocence - the prosecutor has the burden of proof - the emphasis is given on the proper procedures 2. Inquisitorial Approach - assumes guilt - the accused has the burden of proof - the emphasis is on the conviction of the accused 3. Mixed Approach - Combination or adversarial and inquisitorial approach - Followed in the Philippines CHAPTER 3: THE PHILIPPINE CRIMINAL JUSTICE SYSTEM FIVE PILLARS OF CJS 1. LAW ENFORCEMENT 2. PROSECUTION 3. COURT 4. CORRECTIONS 5. COMMUNITY FIRST PILLAR: LAW ENFORCEMENT __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 9 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL -POLICE pillar -prime mover of CJS -frontline of the CJS -initiator of the system -first contact of the law violator -It investigates, makes arrests and prepares evidence against the suspects needed to prosecute them. This pillar is comprised of the different law enforcement agencies in the country such as the Philippine National Police, the National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Bureau of Customs, the Bureau of Internal Revenue, and the Land Transportation Office, among many others. PHILIPPINE NATIONAL POLICE Organized pursuant to RA 6975, as amended by RA 8551 as further amended by RA 9708. RELEVANT LAWS ON THE ORGANIZATION OF THE PNP: 1. RA 6975 – “Department of the Interior and Local Government Act of 1990” approved on Dec 13, 1990 2. RA 8551 – the “PNP Reform and Reorganization Act of 1998. approved on February 25, 1998. 3. RA 9708 – “An Act extending for 5 years the reglementary period for complying the minimum educational qualification for appointment to the PNP and adjusting the promotion system thereof”. Approved on August 12, 2009 PHILIPPINE NATIONAL POLICE -a law enforcement agency under the DILG. -under administrative control and operational supervision of the National Police Commission. It is an organization that is national in scope and civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution: “The state shall establish and maintain one police force which shall be national in scope and civilian in character…” POWERS AND FUNCTIONS OF THE PNP 1. Enforce all laws and ordinances relative to the protection of lives and properties; 2. Maintain peace and order and take all necessary steps to ensure public safety; 3. Investigate and prevent crimes, effects the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; 4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws; 5. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; 6. Issue licenses for the possession of firearms and explosives in accordance with law; 7. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies and to security guards and private detectives, for the purpose of their professions. POLICE ROLES AND FUNCTIONS IN THE SOCIETY I. LAW ENFORCEMENT The Philippine National Police has the power to enforce laws and ordinances relative to the protection of lives and property, such as the Revised Penal Code, other special penal laws and city or municipal ordinances. II. CRIME PREVENTION Is the elimination of opportunity for the commission of a crime. III. POLICE PATROL Patrol has been described as the backbone of the police department. Theoretically, patrol officers are the most valuable people in the organization. IV. CRIMINAL APPREHENSION The legal term for criminal apprehension is arrest. ARREST Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Modes of Arrest 1. arrest by virtue of a warrant 2. arrest without a warrant An arrest may be made on any day and at any time of the day or night, even on a Sunday. WARRANT OF ARREST - an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 10 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL - shall remain valid until the person to be arrested has been arrested or has surrendered CIRCUMSTANCES OF WARRANTLESS ARREST: Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person: a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. SEARCH AND SEIZURE Search refers to the examination of an individual’s person, house, papers or effects, or other buildings and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action. SEARCH WARRANT - an order in writing issued in the name of the People of the Philippine, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein, and bring it before the court - has a validity period of TEN (10) days - can be served only once within its validity period PERSONAL PROPERTY TO BE SEIZED a. Subject of the offense; b. Stolen or embezzled and other proceeds, fruits of the offense; or c. Use or intended to be used as the means of the commission of the offense. CIRCUMSTANCES OF WARRANTLESS SEARCH: a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court b. Seizure of evidence in plain view c. Search of a moving vehicle d. Consented warrantless search e. Customs search f. Stop and frisk search, and g. Exigent and emergency circumstances SECOND PILLAR: PROSECUTION PROSECUTION Prosecution is the course of action or process whereby accusations are brought before a court of justice to determine the innocence or guilt of he accused. The party in a criminal proceeding who instituted the criminal action is called the prosecution. The party against whom the criminal action was instituted is called the defense. In all criminal prosecutions, the real offended party is the People of the Philippines. THE PROSECUTOR The prosecutor is the officer of the government whose function is the prosecution of criminal actions partaking the nature of criminal actions. He is also referred to as public prosecutor and fiscal. THE NATIONAL PROSECUTION SERVICE (NPS) Presidential Decree No. 1275 The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial arm of the government. Headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to R.A. 10071, otherwise known as the “Prosecution Service Act of 2010”. PRELIMINARY INVESTIGATION Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial (Sec. 112, Criminal Procedure, Rules of Court). It is required to be conducted before the filing of the information for an offense where the penalty prescribed by law is at least 6 years and 1 day. The purpose of conducting preliminary investigation is to establish probable cause. PROBABLE CAUSE __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 11 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL Probable cause refers to the existence of such facts and circumstances as would excite a belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he is prosecuted. It is the degree of evidence required in preliminary investigation. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION: a. Provincial or City Prosecutors and their assistants; b. National and Regional State Prosecutors; and c. Other officers as may be authorized by law. 1. Tanodbayan’s special prosecutors as authorized by the Ombudsman 2. COMELEC’s authorized legal officers in connection with election offenses 3. Special prosecutors appointed by the Secretary of Justice COMPLAINT - is a sworn written statement charging a person with an, offense, subscribed by the offended party, any peace officer or other public officer charged with the enforcement of the law violated. INFORMATION - an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. Complaint or Information is sufficient the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed. INQUEST PROCEDURE Inquest procedure is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially those arrests made without a warrant. This process requires the prosecutors to resolve the complaint the police filed in a prescribed period which varies depending on the gravity of the offense: light penalties = 12 hours correctional penalties = 18 hours afflictive penalties = 36 hours THIRD PILLAR: COURT Court, as the third pillar, is said to be the centerpiece of the criminal justice system and its primary and most important function as a component of the criminal justice system is to decide whether the accused is guilty or not guilty of the crime he is accused of committing. It is within the power of this pillar to end the process for the accused or to proceed with the next pillar, which is correction. JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties of and between the state and the private persons or between individual litigants in cases properly brought before the judicial tribunals. POWER OF JUDICIAL REVIEW is the power of the Supreme Court to determine whether laws passed by Congress and acts of the President are in accordance with the Constitution when the matter is raised. JURISDICTION It is the authority of the court to hear and try a particular offense. CRIMINAL JURISDICTION It is the authority of the court to hear and try a particular offense and to impose the punishment provided by law. VENUE Refers to the place, location or site where the case is to be heard on its merits. REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION: 1. The offense is one which the court is by law authorized to take cognizance. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 12 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL 2. The offense must have been committed within its territorial jurisdiction. 3. have been brought to its presence for trial, forcibly, by warrant of arrest or upon his voluntary submission to the court. KINDS OF JURISDICTION 1. General – when the court is empowered to decide all disputes which may come before it except those assigned in other courts. 2. Limited – when the court has the authority to hear and determine only a few specified cases. 3. Original - when the court can try and hear a case presented for the first time 4. Appellate – when the court can try a case already heard and decided by a lower court, removed from the latter by appeal 5. Exclusive – when the court can try and decide a case which cannot be presented before any other court 6. Concurrent – when any of two or more courts may take cognizance of a case. THE PHILIPPINE JUDICIARY Batas Pambansa Blg. 129 - otherwise known as the Judiciary Reorganization Act of 1980 which defines the organization, composition and jurisdiction of the courts. 1. Regular Courts 2. Special Courts I. REGULAR COURTS 1. SUPREME COURT (SC) - the highest court of the land. - composed of a Chief Justice and 14 Associate Justices. - has appellate jurisdiction over cases decided by the Court of Appeals and has the power of judicial review. the court of last resort 2. COURT OF APPEALS (CA) - headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices. - has appellate jurisdiction over cases decided by the Regional Trial Courts. - It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of the Court of Tax Appeals. 3. REGIONAL TRIAL COURTS (RTC) - presided by a Regional Judge. - has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with imprisonment of six (6) years and one (1) day and over. - has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC. 4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Court/Metropolitan Trial Court - Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, (c)damage to property through criminal negligence. - MUNICIPAL TRIAL COURTS (MTC) MUNICIPAL TRIAL COURTS IN CITIES (MTCC) MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) METROPOLITAN TRIAL COURTS (MeTC) II. SPECIAL COURTS 1. SANDIGANBAYAN - Presidential Decree No 1606. - equal to that of the Court of Appeals and Court of Tax Appeals. - Presiding Justice and fourteen (14) Associate Justices. - This special court is tasked to handle criminal cases involving graft and corruption and other offenses committed by high- ranking public officers and employees in connection with the performance of their functions. - It has original exclusive jurisdiction over public officers accused of committing crimes in relation to their official functions and whose salary grade is 27 and above. 2. COURT OF TAX APPEALS (CTA) - Created by Republic Act No 1125, as amended by Republic Act No 9282. - It is composed of a Presiding Justice and five (5) Associate Justices. - - It has both the original and appellate jurisdictions over civil and criminal tax cases involving the National Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code. 3. SHARI’A COURTS - created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim Personal Laws of the Philippines. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 13 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL - It has exclusive jurisdiction over cases that pertain to family rights and duties as well as contractual relations of Filipino Muslims. And decisions rendered by the Shari’a District Courts are final. CRIMINAL PROCEEDINGS A criminal proceeding consists of five main stages or parts: 1) Arraignment 2) Pre-trial 3) Trial 4) Judgment 5) Appeal First Stage: ARRAIGNMENT - the reading of the criminal complaint or information to the defendant, by the judge or clerk of court and asking him whether he pleads guilty or not guilty as charged. - the stage where the accused is formally informed of the charges against him - the stage where the issues are joined in criminal action and without which the proceedings cannot advance further - requires that the accused be personally or physically present in court. SECOND STAGE: PRE-TRIAL - a conference called by the judge that requires the presence of both the prosecution and the accused before the beginning of a trial - mandatory in all criminal cases The following are to be taken up during the conference: a. plea bargaining; b. stipulation of facts; c. marking for identification of evidence of the parties; d. waiver of objections to admissibility of evidence; e. modification of the order of trial if the accused admits the charge but interposes a lawful defense; f. such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. PLEA BARGAINING The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. THIRD STAGE: TRIAL - Trial is the examination before a competent tribunal, according to the laws of the land, of the facts put in issue in a case, for the purpose of determining such issue. - the period for the introduction of evidence by both parties. - it shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the Supreme Court. FOURTH STAGE: JUDGMENT Judgment of Conviction - if the judge finds the accused guilty of the charges against him. Judgment of Acquittal - if the judge finds the accused not guilty of the charges against him. Promulgation of Judgment - is an official proclamation or announcement of the decision of the court. The judgment is promulgated by reading in the presence of the accused and any judge of the court in which it was rendered. A judgment becomes final: a. when the period for perfecting appeal an appeal has lapsed; b. when the sentence is partially or totally satisfied or served; c. when the accused expressly waives in wilting his right to appeal and d. when the accused applies for probation. FIFTH STAGE: APPEAL The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of a document which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs prayed for. An appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting an appeal. the accused may or may not appeal his case when the accused decides not to appeal his case, the decision becomes final and executory on appeal, the State is represented by the Solicitor General FOURTH PILLAR: CORRECTIONS CORRECTIONS It is the branch of administration of criminal justice charged with the responsibility for the custody, supervision and rehabilitation of convicted offenders. It also deals with punishment, treatment and incarceration of offenders. It is composed of the institutional and non-institutional agencies of the government. PENOLOGY __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 14 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL A branch of criminology which deals with the treatment management and administration of inmates. PURPOSES/OBJECTVES OF MODERN CORRECTIONS: 1. RETRIBUTION - imprisonment is supposed to be the payment of the offender to the victim or the victim’s family for the crime he committed against him or them. 2. DETERRENCE - imprisonment is supposed to discourage convicted offenders from committing crimes again because of their experience in the prison or jail. -at the same time, imprisonment is supposed to discourage 3. ISOLATION - Convicted offenders are separated from society to prevent them from committing another crime. - at the same time, imprisonment protects law-abiding citizens from the harm criminals may inflict on them. 4. REFORMATION - this involves the use of punitive and disciplinary measures such as solitary confinement to modify or reform criminal behavior whose conduct and deportment is not totally responding to rehabilitation programs. 5. REHABILITATION - based on the premise that through correctional intervention, such as educational and vocational training and psychotherapeutic programs, an offender may be changed. 6. REINTEGRATION - the effort of correction to change criminal behavior should result in a situation and ability on the part of the penitent offender to return to society in some productive and meaningful capacity in a free community. PENALTY - The suffering that is inflicted by the State for the transgression of the law. PUNISHMENT - it is the redress that the state takes against the offender member of society. MITTIMUS - is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence. COMMITMENT ORDER - is a written order of a court or authority consigning a person to jail or prison for detention. INSTITUTIONAL CORRECTIONS DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES: OLD BILIBID PRISON - the main penitentiary was constructed in Azcarraga Street, Manila in 1847 - was formally opened on 10 April 1865 by a Royal Decree - later, it was transferred to its new site in Muntinlupa BUREAU OF PRISONS - created pursuant to Act No 1407, otherwise known as the Reorganization Act of 1905, enacted on 1 November 1905, as an agency under the Department of Commerce and Police - was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No. 292 dated 22 November 1989. SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES 1. SAN RAMON PRISON AND PENAL FARM 2. IWAHIG PENAL COLONY 3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW) 4. DAVAO PENAL COLONY 5. NEW BILIBID PRISON 6. SABLAYAN PRISON AND PENAL FARM 7. LEYTE REGIONAL PRISON INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES 1. Bureau of Corrections - an attached agency of the Department of Justice - principal task is for the rehabilitation of prisoners - maintains its offices at the New Bilibid Prison Compound in Muntinlupa City - exercises over all control and supervision of all the corrections/prisons facilities nationwide - has custody of prisoners sentenced to imprisonment of more than three (3) years __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 15 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL 2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each province. It shall be under the supervision and control of the provincial governors. 3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act 6975, exercises supervision and control over all district, city and municipal jail nationwide. Formally established on January 2, 1991. CLASSIFICATION OF PRISONERS 1. DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or undergoing trial and awaiting judgment. a. Persons held for investigation b. Persons waiting for final judgment c. Persons waiting for trial d. Person held for security 2. SENTENCED PRISONERS – those convicted by final judgment and are serving their sentence a. Municipal Jail Prisoner – 1 day to 6 months b. City Jail Prisoner – 1 day to 3 years c. Provincial Jail – 6 months one day to 3 years d. National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment. NON-INSTITUTIONAL CORRECTIONS BOARD OF PARDONS AND PAROLE - grants parole and recommend to the President the grant of any form of executive clemency to deserving prisoners or individuals - reviews reports submitted by the Parole and Probation Administration and make necessary decisions. - a functional unit under the Department of Justice PAROLE AND PROBATION ADMINISTRATION - originally called Probation Administration and was created by virtue of PD 968 of 1976 - was renamed Parole and Probation Administration by EO No 292 - given the added function of supervising prisoners who, after serving part of their sentence in jails or prisons, are released on parole with parole conditions - an attached agency to the Department of Justice Department of Social Welfare and Development (DSWD) - renders services for Children in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006). EXECUTIVE CLEMENCY - the collective term for absolute pardon, conditional pardon, reprieve and commutation of sentence. 1. PARDON - is a form of executive clemency granted by the President as a privilege extended to convicts as a discretionary act of grace. TWO (2) KINDS OF PARDON a. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the individual. b. CONDITIONAL PARDON - refers to an exemption of an individual, within certain limits or conditions, from the punishment that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal liability. 2. REPRIEVE - the temporary stay of the execution of a sentence, usually a death sentence - another prerogative exercised by the President - generally, applied to death sentences already affirmed by the Supreme Court 3. COMMUTATION OF SENTENCE - an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term. - refers to the reduction of the duration of a prison sentence. - another prerogative of the President. 4. AMNESTY - a special form of pardon exercised by the President A general pardon extended to a certain class of people who are usually political offenders - needs the concurrence or approval of the majority of Congress PAROLE __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 16 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL - a procedure by which prisoners are selected for release on the basis of individual response and progress within the correctional institution and a service by which they are provided with necessary control and guidance as they serve the remainder of their sentence within the community - provided by Act No 4103, the Indeterminate Sentence Law, which took effect on 5 December 1933. PROBATION Is a disposition under which a defendant after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer. It is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to prison. - provided by Presidential Decree No 986, the Probation Law of 1976 FIFTH PILLAR: COMMUNITY Role of the Community as the fifth pillar of the Criminal Justice System The community is understood to mean as “elements that are mobilized and energized to help authorities in effectively addressing the law-and-order concern of the citizenry.” The responsibilities of the community in relation to Law Enforcement As one of the pillars or components of the Criminal Justice System, the community with its massive membership has vital responsibilities in law enforcement. The citizens can achieve these roles: (a) identifying offenders; (b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and syndicates; (c) volunteering as witnesses; (d) adopting precautionary and remedial measures to diminish crime. Laws Governing Barangay Justice System PD 1508 “An Act Establishing a System of Amicably Settling Disputes at the Barangay Level” RA 7160 is otherwise known as the 1991 Local Government Code. This gives barangays the mandate to enforce peace and order and provide support for the effective enforcement of human rights and justice. Batas Pambansa Blg. 337 or the 1983 Local Government Code Katarungang Barangay (KP) is a system of justice administered at the barangay level for the purpose of amicable settling disputes through mediation, conciliation or arbitration among the family or barangay without resorting to the courts. General Rules 1. NO LAWYERS allowed in barangay hearings. 2. Not all cases go to the Katarungang Pambarangay. 3. Execution may be filed in court. 4. The Lupon Tagapamayapa is NOT a court Cases Exempted in Katarungang Pambarangay 1. ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR CORPORATION 2. OFFENSES INVOLVING GOVERNMENT ENTITY 3. OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND EXCEEDING FINE FIVE THOUSAND (P5,000.00) 4. OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS CRIME) 5. REAL PROPERTIES IN DIFFERENT CITIES OR MUNICIPALITIES, DISPUTES THAT NEED URGENT LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES AND ACTION TO ANNUL A JUDGMENT UPON A COMPROMISE. Venue 1. If both parties are residents of the same barangay, before the Lupon of the barangay. 2. Different barangays but in the same municipality, in the barangay of the respondent. 3. If real property is involved, in the place of real property. 4. If it involves work, in the place of work. Lupong Tagapamayapa Lupong Tagapamayapa (Lupon) is a body organized in every barangay composed of Punong Barangay as the Chairperson and not less than ten (10) and not more than twenty (20) from which the members of every Pangkat shall be chosen. Pangkat Tagapagkasundo Composition Pangkat ng Tagapagkasundo is a conciliation panel constituted for each dispute brought before the Lupon. It is composed of three (3) members who shall be chosen by the parties to the dispute from the list of members of the Lupon. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 17 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL Should the parties fail to agree on the Pangkat membership, the same shall be determined by lots drawn by the Barangay Chairman. Human Rights Education Is defined as training, dissemination and information efforts aimed at building of universal culture of human rights. Lesson 1: Human Rights: Definition and Characteristics I. Definition Human Rights are generally defined as those rights, which are inherent in our nature, and without which, we cannot live as human beings. United Nation. Human rights are supreme, inherent and inalienable rights to life, dignity and self-development. It is the essence of these rights that makes man human. Philippine Commission on Human Rights. Human Rights are rights which necessarily spring from being a member of the human species. Human Rights is the inherent dignity and the equal and inalienable rights of all members of the human family as mentioned in the Preamble of the Universal declaration on human rights. Declaration of Human Rights (UDHR) Human rights are not granted by the state, nor stemmed from citizenships in a country. Human Rights are the aggregate of privileges, claims, benefits, entitlements, and moral guarantees that pertains to man because of his humanity. Terms to fonder: Refugee – They are people who have fled, violence, conflict or persecution and have crossed an international-boarders to find safety in another country. Asylum seeker – is someone who has left their home country and formally applied for asylum in another country. Displaced person – are people who have fled their homes for safety, refugees, they have not crossed a border and are still within their own country. Covenant - binding agreement to do or keep from doing specified thing. Accession – it is the act whereby a state accepts the offer or the opportunity to become a party to a treaty already negotiated and signed by others states. Apartheid- inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group or persons and systematically oppressing them. Gender-based violence – refers to harmful acts directed at an individual or a group of individuals based on genders. It is rooted in gender inequality, the abuse of power and harmful norms. Perfidy – an act of deliberate betrayal. Derogable rights – these are rights that can be suspended or restricted depending on the circumstance which we call for the preservation of life. International Commission on Red cross (ICRC) __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 18 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL an independent, neutral organization ensuring humanitarian protection and assistance for victims of war and armed conflict. International humanitarian law – a set of rules that seek to limit the effects of armed conflict. II. Nature of Human Rights 1.Human rights are inherent for they are not granted by any person, authority or law. 2. Human rights are inalienable for they cannot be just taken away from an individual such as freedom from torture. 3. Human rights are interdependent for the fulfillment of one cannot be had without the realization of the others. 4. Human rights are imprescriptible for they cannot be lost even by a long passage of time. 5. Human rights are indivisible for they are not capable of being divided. 6. Human rights are fundamental for it is what give essence to every human being and without them human life and dignity would be meaningless such as right to liberty & security. 7. Human rights are universal for it is due to all human beings regardless of their origin, status, race, condition or place of living. A. Classification of human rights according to source Natural Rights - they are God-given rights or that which in the nature of being human so that we may live a happy life. e.g. the right to live & to love. Constitutional Rights – conferred and protected by the constitution & cannot just be modified by the law-making body. e.g. “Bill of Rights” Statutory Rights - granted by the law made by law making body and consequently can be taken away by the same authority. e.g. Right to inherit, to receive minimum wage. B. Classification of Human Rights According to Recipient: Individual Rights - those accorded to individual. Collective Rights – those that are enjoyed by group of people. Also called as “people’s rights” or “solidarity right” such as rights to association and rights to peacefully assemble. C. According to Aspect of life (Primary classification of Human Rights) 1. Civil Rights - those rights which the law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness. eg: The right to travel, to have his residence or dwelling, and the right to enter into an agreement to name a few. 2. Political Rights - those rights which enable man to participate in running the affairs of the government directly or indirectly. 3. Economic – those which enable man to achieve economic development and financial security. eg: The right to have a job, to receive a just compensation, the right of minimum wage earner, to established a business, to a fair competition and others. 4. Social rights – those which enable man to achieve social development to secure their well-being and happiness. eg: The right to form an association and to peacefully assemble. (Art III –Sec 1, 2, 3, 9, Art XIII) 5. Cultural rights – those that ensure the well-being of the individual & foster the preservation, enrichment, and dynamic evolution of national culture. The Three (3) Generations or Phases of Human Rights Philosophy The First Generation (17th -18th century) also known as the Age of Enlightenment or Age of reason. This approach gives favors to limiting government powers and actions by establishing certain restrictions. In short, these are the Negative Rights of people since it is geared towards prohibition. The Second Generation (19th Century) – also known as the Socialist Tradition The Second Generation is focus on the Positive Human Rights which enjoin the State to perform an act or to do something for the enjoyment of human rights. The Third Generation (20th Century) –also called the “Solidarity rights”. Included in these are the right to economic and social development; and the right to participate in and benefit from “the common heritage of mankind. Stages of Human Rights Idealization – this means that human rights started from the realm of ideas that reflect a consciousness against oppression, dehumanization or abuses/inadequate performance by the state. Positivization– this supports the notion of the stage which strengthens it and incorporates them into some legal instruments, whether for domestic or international coverage. Realization– it is the last stage of human rights where these rights are enjoyed by the people of the State through the transformation of the social, economic and political orders. Lesson 2: State Responsibilities I. State Obligation Basically, the state has three Obligations namely: __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 19 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL (1) the obligation to respect human rights, (2) the obligation to ensure, and (3) the obligation to protect it. Sources and Foundation of Human Rights Law The basic source of human rights law in the Philippines is the very constitution from of the country from: The 1897 Biak na Bato Constitution, The 1899 Malolos Constitution, The 1935 Constitution, The 1943 Constitution, The 1973 Constitutions, The 1986 Freedom Constitution that becomes the basis of the 1987 Constitution that we have at present. ART X111, Sec. 17. HUMAN RIGHTS There is hereby created an independent office called the Commission on Human Rights. EXECUTIVE ORDER NO. 163 DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ON HUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR OTHER PURPOSES May 5, 1987 Lesson 3: The Philippine Bill of Rights: Due Process and Equal Protection Clause PREAMBLE We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. A. Due Process of Law A law that hears before it condemns; which proceeds upon inquiry, and renders judgement only after trial. B. Equal Protection of Law No person or class of persons shall be deprived of the same protection of laws which is enjoyed by other persons or other classes in the same place and in like circumstances. Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after the examination under oath or affirmation of the complainant and the witness he/she may produce. Lesson 4: The Bill Rights of Rights: Privacy of Communication & Freedom of Expression The privacy of communication and correspondence Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. Privacy The right to be left alone. Privacy is definitely connected to the rights against unreasonable search and seizure. The R.A. 4200 otherwise known as Anti-Wiretapping law of the Philippines disallows gathering of information that would violate the privacy of communication and provides for certain punishment. In the case of government officials, the Code of Conduct (R.A. 6713) and as mandated by the constitution, shall divulge their financial information or what we called "Statement of Assets, Liabilities and Networth or SALN". Illegally Obtained Evidence Exclusionary Rule of Evidence - evidence that are illegally obtained or in violation of the rights of a person shall not be admissible in evidence. Rationale: In order to ensure the observance of the constitution and it is the practical way to enforce the constitutional mandates on bill of rights. Remedy of the owner: request the exclusion of the evidence and the return of the seizes evidences. The freedom of speech, of expression, or of the press. Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or of the right of the people peaceably to assemble and petition the government for redress of grievances. Limitation of the Freedom of speech, expression and the press. Just like any other rights, there are certain restriction in order that abuses and conflict will not rise. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil and political rights. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 20 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL Section 6. The liberty of abode and of changing the same within the limits prescribe by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. Section 9. Private property shall not be taken for public use without just compensation. Totality of government power – it is contained in three (3) great powers namely: power of eminent domain; police power; and power of taxation. Section 10. No law impairing the obligation of contracts shall be passed. Meaning of obligations of contract - is the duty which binds the parties to perform their agreement according to its terms or intent, if it is not contrary to law, morals, good customs, public order, or public policy. Contract “agreement” Elements “COC” (1) Consent; (2) Object of the contract; and (3) Consideration. LESSON 5 BILL OF RIGHTS: RIGHTS OF THE PERSON ACCUSED OF A CRIME Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Section 3. Assisting Counsel Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary investigation or those charged with the prosecution of crimes. Lesson 6: The Anti-Torture Law R.A. 9745 An act Penalizing torture and other cruel, inhuman and degrading treatment or punishment and prescribing penalties thereof. Section 3. Definitions – for the purpose of this act, the following terms shall be mean: (a) “Torture” refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him/her or a third person information or a confession; punishing him/her for an act he/she or a third person has committed or is suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority or agent of a person in authority. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. (b) “Other cruel, inhuman and degrading treatment or punishment” refers to a deliberate and aggravated treatment or punishment not enumerated, which attains a level of severity causing suffering, gross humiliation or debasement to the latter. (c) "Victim" refers to the person subjected to torture or other cruel, inhuman and degrading treatment or punishment as defined above and any individual who has suffered harm as a result of any act(s) of torture, or other cruel, inhuman and degrading treatment or punishment. (d) “Order of Battle” It refers to any document or determination made by the military, police or any law enforcement agency of the government, listing the names of persons and organizations that it perceives to be the enemies of the state and that it considers as legitimate targets as combatants. Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following: (a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as: (1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach; (2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten; (3) Electric shock; __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 21 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL (4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound(s); (5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation; (6) Being tied or forced to assume fixed and stressful bodily position; (7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals; (8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.; (9) Dental torture or the forced extraction of the teeth; (10) Pulling out of fingernails; (11) Harmful exposure to the elements such as sunlight and extreme cold; (12) The use of plastic bag and other materials placed over the head to the point of asphyxiation; (13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as: (i) The administration or drugs to induce confession and/or reduce mental competency; or (ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and (14) Other analogous acts of physical torture. (b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind and/or undermine a person's dignity and morale, such as: (1) Blindfolding; (2) Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts; (3) Confinement in solitary cells or secret detention places; (4) Prolonged interrogation; (5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner; (6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed; (7) Maltreating a member/s of a person's family; (8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party; (9) Denial of sleep/rest; (10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body against his/her will; (11) Deliberately prohibiting the victim to communicate with any member of his/her family; and (12) Other analogous acts of mental/psychological torture. Section 14. Penalties. - (a) The penalty of reclusion perpetua shall be imposed upon the perpetrators of the following acts: (1) Torture resulting in the death of any person; (2) Torture resulting in mutilation; (3) Torture with rape; (4) Torture with other forms of sexual abuse and, in consequence of torture, the victim shall have become insane, imbecile, impotent, blind or maimed for life; and (5) Torture committed against children. Section 18. Compensation to victims of Torture Any person who shall suffered torture shall have the right to claim for compensation as provided under RA 7309; provided, that in no case shall such compensation exceed One Thousand pesos (1,000.00) per month. In all other cases, the maximum amount for which the board may approved a claim shall not exceed Ten thousand pesos (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization, medical treatment, loss of wage, loss of support or other expenses directly related to the injury, whichever is lower. LESSON 7 CONSTITUTIONAL AND STATUTORY RIGHTS OF A PERSON BEFORE, DURING AND AFTER TRIAL Section 13. All persons, except those charged with offenses punishable by reclusion perpetua (Capital Offense) when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Equipoise Rule It is the rule that when there is a balance between the evidence of innocence and evidence of guilt the balance shall be resolved in favor on the presumption of innocence. __________________________________________________________________________________________________ _____ No part of this material may be reproduced in any form without asking permission. This is for the exclusive use of St. Louis Review Center 22 ST. LOUIS REVIEW CENTER. the Right Choice, is Right Here… ILIGAN - MARANDING - DIPOLOG – OZAMIZ - GINGOOG - IPIL Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it. Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi- judicial, or administrative bodies. Section 17. No person shall be compelled to be a witness against himself. Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. (2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. Meaning of Involuntarily Servitude A condition of enforced, compulsory service of one another, it includes: *Slavery *Peonage Exceptions of Prohibitions 1. When involuntary servitude is imposed as a punishment for a crime. 2. When personal military or civil service is required of citizens. 3. When injunctions requiring striking laborers to return to work. 4. When exceptional service. 5. When exercise by parents of their authority. 6. When there is proper exercise of the police power of the state. Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of phy

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