Introduction to Philippine Criminal Justice System PDF

**CHAPTER ONE** **Introduction to Philippines Criminal Justice System** **Lesson Learning Outcomes** In this chapter, you are expected to: \-\--Explain criminal justice as a process; \-\--Compare and contrast substantive and procedural justice; \-\--Identify the components of the criminal justice system; \-\--Illustrate the interacting components of the criminal justice system; \-\--Present and critique issues in the administration of justice; \-\--Distinguish criminal justice and criminology; \-\--Demonstrate concern about the system of criminal justice in the Philippines; and \-\--Suggest solutions to the problems faced by the components of the criminal justice system **What is Justice?** Justice is the social norm providing guidance for the people in their dealings with one another; as a standard against which actions are evaluated; and as a prescription for requirement that people act justly (Manwong 2010). It is a social standard offering a medium of control of the people's dealing with one another (MAdelo 2013). **What is Criminal Justice?** Criminal Justice is a field of study, which deals with the nature of crime in the society as well as analyzing the formal processes, and social agencies, which had been established for crime control. **What is Criminal Justice System?** The various sequential stages through which offenders pass, from initial contract with the law to final disposition, and the agencies charge in enforcing the law at each of these stages (Siegel 2008). It is also defined as the machinery which the Philippine society uses in the prevention and control of the crime (Manwong & Foronda 20009). It is a group of agencies or legislators responsible in the adjudication of criminal laws. Criminal justice system is intended to deal with crime it is expected to do so by applying the law and producing results that approximate justice. Indeed, justice is the primary output of the system and the bottom line of the process. **What should you be concerned about the CJS?** You should be concerned about the criminal justice system (CJS) because it affects your life, your work, your activities and, in general, your pattern of behavior and relationship in the community. This is why the community pillar is also the base of the entire criminal justice system as there will never be criminal cases, in the first place, if the community is healthy and law-abiding. But for the few who may have gone astray, they should be reintegrated into the community once they are released from the penitentiary and should be helped to become law-abiding member of the community. (GOPI or GRADUATE FROM PENAL INSTITUTION) **What are the Schools of Thought about Justice?** - Positive law theory No justice exists apart from what law creates or mandates, there is no independent or abstract standard against which the actions of people or man-made law itself can be judged. Thus, to speak of injustice of any law is nonsense. Actions are unjust if they violate or are contradictory to the law, and justice is served by adhering to the law. - Social good theory Proponents of this theory agree that justice is more than what one finds in positive law, that there are standards or concepts of what is in the best interest of the society, and that man-made laws can be judged against these standards of concepts and lacking. They argue that principles of what is right and just may change as social conditions and needs change and vary from society to society. - Natural right theory Natural right philosophers agree that natural law, exists, they disagree on what it says or requires. In this theory, justice can be summarized by this rule; *render to each his right or due.* **What is Substantive and Procedural Justice?** *Substantive justice* is that which is concerned with how best to allocate, distribute, and protect the substantive values of society. Substantive issues concern which behaviors are to be made criminal violations and what sanctions the law should provide for dealing with those who commit crimes. *Procedural justice* is that which is concerned with how the law is administered- in other words what mechanisms or processes are used applying the law and making decisions in specific cases. In criminal justice, procedural justice refers to how offenders are brought before the bar justice and the procedures used in gathering and presenting evidence, determining the guilt or innocence of the accused, and deciding on the sentence to be imposed on these convicted (Manwong & Foronda 2009) **Law: Instrument for Justice** Law is a rule of conduct made by the authorities for the governance e of men. According to Manwong and Foronda (2009), "*it is a method of social control that is formally enacted or promulgated by the agencies of government duly authorized in that society to make law and that is subject to the interpretation by and through the courts*". Law is the society's primary instrument for making known that acts are crimes and what sanctions may be applied to those who commit acts defined as crimes. It is the major input in the criminal justice system. **What are the Forms of Law?** - Common law {lex non-scripta}. It is a type of law that is established by particular cases, as compared to law that uses statutes as its guide. If a statute (or formal written law) is followed in a case, a judge will make his or her decision based on an interpretation of that statute. However, in common law, judges determine a case based upon the particular facts and circumstances in the dispute. Moreover, the judge can look to prior decisions when making a determination. These prior decisions are called **precedent.** Common law is known in other countries as the body of principles, pratices, usages and rules of action (Example. Law of England). - Statutory law lex scripta} -- composed of laws which are produced by the country's legislation and which are defined, codified and incorporated by the law making body (Example.Law of the Philippines). - Case law- made by justices in cases decided in the appellate courts especially by the Supreme Court. **What are the Types of Law?** - Civil law is a means of precepts that determines or regulates the relations of assistance, authority and obedience between members of a family, and those that exist between members of the society for the protection of private interest. - Criminal law is that branch or division of law, which defines crimes, treats of their nature and provides for their punishment (Reyes, 2012). Our substantive law is embodied in the Revised Penal Code of the Philippines. **What is a criminal justice system?** It is the machinery which society uses in the prevention of crime (Manwong & Foronda 2009). The process is the totality of the activities of the law enforcers, prosecutors, defense lawyers, judges and correction personnel as well as those efforts of the mobilized community in crime prevention and control. **It has the following characteristics:** - Systems have identifiable components. In CJS, there components that perform certain function that affects the functioning of the system. These components are commonly known as the pillars of the CJS. - Each system constitutes an identifiable whole. This characteristic means that we can distinguish one pillar from another. - The systems components are interdependent. This means that elements or pillar of the CJS affect and defend each other. One element cannot function without the input of another. - Each system operates within an environment. This environment consists of any element outside the system's boundary. This may include the political and economic system prevailing in our society. **What are the components (pillars) of the CJS?** 1. Law Enforcement. This occupies the frontline of the CJS because it is regarded as initiator of the system. Police and other law enforcement agencies are the first contract of the law violator in the CJS process. It is the police that investigates, make arrest and prepares evidence against the suspects needed to prosecute them. 2. Prosecution. This pillar takes care of evaluating evidences and formally charges the suspects before the court. It serves as a screening process on whether to file a case based on evidence or dismiss the same. It determines what particular crime shall be formally filed and presents the burden of proof against the suspect in the court. 3. Courts. It conducts arraignment and trial. It shall issue warrant of arrest if the accused is at large. It acquits the innocent and adjudicate penalty for the accused if found guilty. 4. Correction. This is responsible for the incarceration and rehabilitation of convicted person to prepare for eventful reintegration in the community. 5. Community. This helps the penitent offender lead a new life as a responsible member of the society. **What are the functions of the major components of the CJS?** - To prevent and control the commission of the crime; - To enforce the law; - To safeguard lives, individual rights, and properties; - To investigate, apprehend, prosecute and sentence those who violate the rules of society; and - To rehabilitate the convicts and reintegrate them into the community as law-abiding citizens. **How does the CJS Operate?** The first four pillars, i.e., law enforcement, prosecution, courts and corrections, pertains to the traditional agencies vested with the official responsibility in dealing with crime or in crime control. The community pillar is the most broad-based. Under the concept of a participative criminal justice system in the Philippines, public and private agencies, as well as citizens, become a part of the CJS when they become involved in issues and participate in activities related to crime prevention and control. What is CJS as a Process? Criminal justice system as a process refers to the orderly progression of events from the time the person is arrested or taken out from the community, investigated, prosecuted, sentenced, punished, rehabilitated, and eventually returned to the community (Manwong and Foronda 2009). In short, it is the decision making point from the initial investigation or arrest by the Police to the offender and his re-entry to society. **Stages of the criminal justice process** - Arrest - Charging - Adjudication (trial -- judgment stage) - Sentencing - Corrections **VIOLATOR** Law Enforcement Prosecution Judicial Correctional Community **What are the possible defenses against criminal charges?** - Defense of alibi. This is a claim by the defendant that he or she was in another place when the crime occurred and therefore could not have committed it. - Defense against insanity. This is a claim that the defendant should be exonerated from criminal responsibility because he/she is suffering from mental incapacitation. - Defense against instigation. In instigation, a public officer or a private detective induces innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. If the defendant can establish that he or she would not have committed the crime, were it not for the encouragement or compulsion of the law enforcement officers, he is not criminally liable. - Defense of juress. The defense is based on the claim that the act was the result, not of any intent on the part of the accused, but of threats of loss of life, limb, or love one. Duress as a valid defense should not base on real, imminent, or reasonable fear for one's life or limb and should not be speculative, fanciful or remote fear. - Defense of consent. This defense is common in rape cases. This is a claim that the victim consented to the act for which accused stands charged. - Defense of violations of the provisions of the Bill of Rights. This is invoked if the State of its agents violated the right of the defendant in obtaining evidence to prove the latter's guilt. Such evidence is inadmissible in a criminal proceeding. **What is the difference between Criminal Justice system and Criminology?** **Edwin Sutherland** defined criminology as the body of knowledge regarding crime as a social phenomenon-this is the main concern of criminology. Criminology scholars explain the origin and causes of crime and delinquency while CJS experts are deeply involved on the efforts to prevent and control the commission of crime and delinquencies. CJS experts and practitioners cannot begin however to effectively formulate policies, plans and programs towards fighting crime deeper understanding about the nature and causes of crime, which falls within the domains of the criminology. Criminology generally focus on scientific studies of crime and criminality, whereas criminal justice focuses of scientific studies of decision-making processes, operations, and such justice related concerns as the efficiency of the police, courts, and correction system; the just treatment of offenders; the needs of the victim; and the effects of changes in sentencing philosophy (Adler, Mueller, and Laufer 2007). **REVIEW OF CHAPTER 1** Direction. Encircle the letter of the correct answer. 1. This defense against criminal charges is based on the claim that the act was the result, not of any intent on the part of the accused, but threats of loss life, limb or love one. A. Defense of Insanity B. defense of Instigation C. Defense of Alibi D. defense of Duress 2. This is achieved by isolating the criminals for incarceration thereby effectively controlling them from further endangering the society thus protecting the public from harm and damage. A. Crime Prevention B. Crime Deterrence B. Crime Control D. Crime Suppression 3. It is known as fairness or reasonableness especially in the way people are treated or decisions are made. A. Justice B. Peace and Order C. Courteousness D. Civic mindedness 4. The totality of all concerted efforts and activities of all agencies involved in the prevention, reduction, and control of crime. A. Justice B. Peace and Order 5\. This is a claim of the defendant that he or she was in another place when the crime occurred and therefore could not have committed it. A. Defense of Insanity B. Defense of Alibi C. Defense of Stranger D. Defense of Duress 6\. Every time there is an output from criminal justice system, reaction in the environment produces what we call as \_\_\_\_\_\_\_\_\_\_. A. Input B. Output C. Feedback D. Demand 7\. This will occur when the public officer or private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. A. Entrapment B. Cooperation C. Instigation D. Duress 8\. The philosophers of this school of thought of justice argue that "principles of what is right and just may change as social conditions and needs change and vary from society to society". A. Natural right theory B. Positive law theory C. Social good theory D. Social conflict theory 9\. This law is made by justices in cases decided in the appellate courts especially by the Supreme Court. A. Statutory law B. Case law C. Criminal law D. Common Law **CHAPTER TWO** **Law Enforcement Pillar** **Lesson Learning Outcomes** At the end of this chapter, you should be able to: \-\-- Trace the origin of Philippine policing; \-\-- Identify advantages of modern policing; \-\-- Demonstrate how it arrest made; \-\-- Discuss the significant role of law enforcement pillar in criminal justice system; \-\-- Distinguish crime detection, prevention, and investigation; and \-\-- Appreciate the value of the law enforcement agencies in the administration of justice. *The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it".* -- Sir Robert Peel **INTRODUCTION** The law enforcement pillar occupies the frontline of the criminal justice system. This is regarded as the initiator or the prime mover of the criminal justice system (Gabao 2013). Law enforcers are the first in contact of the law violator in the criminal justice process. In other words, law enforcement pillar is the initiator of the actions that other pillars must act upon to attain its goal or objective. This means that without the police initiating the action, the system would be at a standstill. Police investigate, effect arrest, conduct surveillance, and prepare evidence against the suspect to prosecute the case. **Law Enforcement Agencies in the Philippines** - PNP -- Philippine National Police - PDEA -- Philippine Drug Enforcement Agency - NAPOLCOM -- National Police commission - NBI -- National Bureau of Investigation - PCTC -- Philippine Center on Transnational Crime - NICA -- National Intelligence Coordinating Agency - LTO -- Land Transportation Office - PPA -- Philippine Ports Authority - PCG -- Philippine Coast Guard - DENR -- Department of Environment and Natural Resources - BoC -- Bureau of Customs - BI -- Bureau of Investigation - BIR -- Bureau of Integral Revenue - SEC -- Security and Exchange Commission - AFP -- Armed Forces of the Philippines - AMLC -- Anti-Money Laundering Council - OMB -- Optical Media Board - IPOPHII -- Intellectual Property Office - IACAT -- Inter- agency Council Against Trafficking - PAOCC -- Presidential Anti --Organized Crime Commission - PHILPOST -- Philippine Postal Office - OTS -- Office of Transport Security - MMDA -- Metro Manila Development Authority - MIAA, APD -- Manila International Airport Authority, Airport Police Department - OSG -- Office of the Solicitor General - DOLE -- Department of Labor and Employment - POEA -- Philippine Overseas Employment Administration - NTC -- National Telecommunication Commission - CAAP -- Civil Aviation Authority of the Philippines - DOF -- Department of Finance - OMBUDSMAN -- Office of the Ombudsman **Origin of the Term "Police"** The word police come from the latin politia (civil administration). The term police refer to a body of civil authority, which is tasked to maintain peace and order, enforce the law, protect lives and properties and insure public safety. **Early Forms of Policing** **Code of Hammurabi.** Its main principle was that "*the strong shall not injure the weak*". Hammurabi originated the legal principle of *LEX TALIONES* (Law of Retaliation) -- an eye for eye (Hess & Orthmann 2012). **Ephori.** This is the Greek's impressive form of law enforcement. Each year at Sparta, a body of five ephors was elected and given unlimited powers as investigator, judge, jury, and executioner. They ensure that their rules and decrees were followed (Hess & Orthmann 2012). **The Twelve Tables**. This is the first written laws of Roman Empire and were drawn up by the 10 wisest men in Rome in 451 and 450 BC. It dealt with legal procedures, property ownership, building codes, marriage customs and punishment for crime (Hess & Orthmann 2012). **Praetorian Guards.** These are highly qualified members of the military formed by Roman Emperor Augustus to protect him and the palace (Hess & Orthmann 2012). Dempsey and Forst (2012) stated this could be the first police officers. **Urban Cohort.** This is established by Augustus to patrol the city of Rome (Hess & Orthmann 2012). **Vigiles of Rome.** Also established by Augustus, initially assigned as firefighters. They were eventually given law enforcement responsibilities. The word vigilante derives from these Vigiles (Hess & Orthmann 2012). **Justinian Code.** Justinian 1, ruler of the eastern Roman Empire from AD 527 to 565, collected all existing Roman Laws. The collected Roman laws became known as the Corpus Juris Civilis, meaning "body of law" (Hess & Orthmann 2012). **Turn policing System.** Tun is the forerunner of the word "town". Under this system all able bodied male from 12 years and above residents are required to guard the town and to preserve the peace and order, protect life and property from harm or disturbance. For the purpose of peacekeeping, each tun was subdivided into a number of ten-family units called **tithings.** A group of 10 tithings is known as **Hundred** and the top official of Hundred is known as **Reeve** (Hess & Orthmann 2012) The **tithing man,** the elected head of the tithing, must mobilize his group for pursuit and apprehension of a criminal who had committed an offense, this is the beginning of hue and cry. **Hue and Cry.** This may be called as the beginning of what we called today as citizen's arrest (Hess & Orthmann 2012). According to Manwong and Delizo (2006), the horn (oldest known warning device in history) was sounded when a person committing a crime, or felon escaped. It is a system of apprehending a criminal whereby a complainant goes to the middle of the street and shouts to call all makes to assemble. The victim reports his complaint to the assembly and gives the whereabouts of the perpetrator. All male residents would then proceed to locate and apprehend the culprit. A person against whom a hue and cry was declared had no right to trial, and could be killed on the spot if caught. **Frankpledge System.** This is a norman modification of the tithing system. This happened when William the conqueror, a norman, invaded and conquered England. This system requires loyalty to the King's law and mutual local responsibility of all free Englishmen in maintaining peace (Hess & Orthmann 2012). **Shire-reeve System.** In England, at the time of William Norman, divided England into 55 military districts known as the Shire-Reeve. Shire was the district and also known as countries in England. Reeve was the ruler who makes laws, pass judgment and impose punishment. He was assisted by a Constable (forerunner of the word constabulary), an elected official of a Hundred responsible for leading the citizens in pursuit of any law breakers. Constable is the first England police officer and, as such, in charge of the weapons and horses of the entire community (Hess & Orthmann 2012). **Justice of the Peace.** This replaced the Shire-Reeve during the 14^th^ century, At first involved in judicial matters and law enforcement, but later became strictly judicial. Eventually became the real power of the local government (Hess & Orthmann 2012). **Watch and Ward.** This is a system of law enforcement that was used to protect citizens 24 hours a day. The day shift was called the **Ward.** The night shift was called the **Watch** (Hess & Orthmann 2012). **Leges Henrici.** The law of King Henry I, during this period the offenses were classified as against the king and individual, policemen were considered as public officials, police and the citizens have the broad power of arrest, and the grand jury was created to inquire on the facts of the law. **Magna Carta.** This is signed by King John on June 15, 1215. A decisive document in the development of constitutional government in England that checked royal power and placed the king under the law. This is a precedent for democratic government and individual rights, laid the foundation of requiring rulers to upload the law, forbade taxation without representation, required due process of law including trial by jury, and provided safeguards against unfair imprisonment (Hess & Orthmann 2012). Examples of the principles of law includes; no free men shall be taken or imprisoned, disposed or outlawed except legal judgment of his peers, no person should be tried for murder unless there is proof of the body of the victim, and this begins of the national and local government as well as legislation. **Thief-takers.** They are private England citizens with no official status who were paid by the king for every criminal they arrested. They were similar to the bounty hunter of the American West (Dempsey & Forst 2012). **Bow Street Runners.** This is the first English detective unit. It was established in London by Henry Fielding in 1750. He was one of the earliest advocates of crime prevention. This amateur volunteer forces swept and clean crimes of Bow Street neighborhood (Hess & Orthmann 2012). They were private citizens who were not paid by public funds but who were permitted to accept theif-taker rewards (Dempsey & Forst 2012). **Modern Policing System.** This period came to the limelight when a bill creating the Scotland Yard was passed by the Parliament of England. It was sponsored and expanded by Sir Robert Peel who was made to be the first Head of the Police Organization. The "New Police" introduced by Peel were not well received at first. Oftentimes, they were called as Peel's Bloody Gang, Blue Devils, and Dirty Papists. Despite of these, he was referred to as the Father of Modern Policing System due to his contributions in the modernization of the police force (Manwong and Delizo 2008). The following are principles that were considered in organizing and administering the Scotland Yard known as the Peel's Principles; - Stable and effective police force should be under government control. - Absence of crime is the best proof of efficiency. - Fast distribution of news to the police is essential - Proper distribution of personnel according to shift and by hour - The best qualification of peace officers is control of temper - Proper selection and training is the basis of efficiency - Police cannot function properly without the wholehearted support of the people - Every police officer must sell himself to the people - Police officers must go out their way to help or assist the people. **Police Roles and Functions in the society** Basically, Manwong and Foronda (2009) stated that the ultimate goal of the police in every society is the prevention of crime. They further added the following roles of the police guided by the principles of policing that were conceptualized by Sir Robert Peel: 1. The basic mission of the police is to prevent crime and disorder. 2. The ability of the police to perform their duties is dependent upon public approval of police functions. 3. Police must secure the willing cooperation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public. 4. The degree of public cooperation that can be secured diminishes proportionately to the necessity of the use of physical force. 5. Police seek and preserve public favor not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. 6. Police use physical force to the extent necessary to secure observance of the law or to restore orderly only when the exercise of persuasion, advance and warning is found to be insufficient. 7. Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only the member of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interest of the community welfare and existence. 8. Police should always direct their action strictly towards their functions and never appear to usurp the powers of the judiciary. 9. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. **Significant Dates and Events in the Evolution of Philippine Policing** 1712\. Carabineros de Seguridad Publico was organized for the purpose of carrying out the policies of the Spanish government January 8u, 1836. By virtue of a Royal Decree the rural police where established each town. This law provides that **5%** of the able bodied male inhabitants of each province were to be drafted in the police service for a three-year tour of duty February 12, 1852. **Guardia Civil** was organized that has a dual function of a soldier and policeman whose duties ranges from the suppression of brigandage by means of patrolling unsettled territories, detention of petty and local insurrection, the enforcement of tax collection. They were armed as the Spanish infantry to partially relieve the Spanish peninsula troops of their work in policing towns 1901\. The Department of Public Instruction was concerned with peace and order. Gen. Howard Taft became the first Civil Governor of the Philippines. July 18, 1901. **Organic Act No. 175** (An Act Providing for the Organization and Government of an Insular constabulary) was enacted. This was established by the Americans, and later known as the Philippine constabulary that became as the institution responsible in preserving the peace, enforcing the law and maintaining order. July 31, 1901. Manile Police Department was organized as the first Chief of the Philippine Commission. The 1^st^ Chief of Police was **Capt. George Curry** August 8,1901. **Capt. Henry T Allen** was officially designated as the first Chief of the Philippine Constabulary. 1935\. The American police force withdrawn with advent of the Commonwealth. **Capt. Cplumbus Piatt** was the last American Police Chief of Manila and **Col Antonio C. Torres** became the first Filipino Chief. 1939\. The Manila Police Department introduced the **bicycle patrol** December 8, 1940. Col. Torres declared **Manila as an open city.** January 2, 1941. The first element of Japanese Imperial Army entered Manila. The Japanse Military Police (Kempetai took Col. Torres in custody and rounded the members of the Manila police and ordered them to cooperate. The MPD was renamed Metropolitan Constabulary under the supervision of the) Bureau of Constabulary. February 7, 1945. **General Douglas McArthur** returned to the Philippines. The battle of Manila ended. The MPD was reconstituted and placed under the American Control. Col. Marcus Ellis Jones became the Chief of Police.n Mach 17, 1954. Automobile patrol was introduced in Manila. Isaias alma Jose was the first Chief of Mobile Patrol of MPD. September 8, 1966. R.A. 4864 was approved known as the "Police Act of 1966" it created the POLCOM now the NAPOLCOM. This law provided the legal guidelines in undertaking at a national level reform which contributed to the improvement of police efficiency and performance. September 21, 1972. Proclamation Number 1081 was declared and Martial Law was imposed throughout the country August 8, 1975. P.D. 765 known as the PC/INP law was created during the martial law era. It composed of the PC as the nucleus and the INP forces as components of the DND. March 22, 1985. Executive Order No. 1012 provided measures to improve the administrative and operational framework for maintaining peace and order at the provincial, city and municipal levels. It transferred the operational supervision and direction over all INP units to the city and municipal government (Sadaran 2013). July 10, 1985. Executive Order No. 1040 transferred the administrative control and supervision of the NAPOLCOM from the Ministry of National Defense back to the Office of the President (Sadaran 2013). December 13, 1990. R.A. 6975 was approved. It is known as "The DILG Act of 1990". It has created the three public safety bureaus under the DILG. After it was signed, the PNP underwent a transitory period on March 31, 1991, the enactment of this law paves way for the achievement of a Philippine Police force which is civilian in character and national in scope (Manwong and Delizo 2008). March 31, 1991. President Corazon Aquino named General Cesar P. Nazareno as the first Director General of the Philippine National Police February 25, 1998. R.A. 8551 was approved. It known as the "Philippine National Police Reform and Reorganization Act of 1998". **Police Processes: A Major Chain in the CJS** Policing is the initial process in the entire criminal justice system. The law enforcement agencies are considered initiators in said process which knot the functions of: 1. Crime Prevention 2. Crime detection 3. Crime investigation 4. Apprehension of suspects 5. Search and seizure 1. **Crime Prevention** Crime prevention is simply defined as the elimination or reduction of the desire and/or opportunity to commit crime. However, their crime prevention function is being ignored by the police officers because the same will not reflect as hard data in their individual performance. It is simply impossible to account how many crimes are prevented by a serious to goodness crime prevention function of an individual police officer on the beat. On the other hand, it is easily understandable that an individual police officer's focus on law enforcement function like arrest and actual encounters will certainly be reflected in their individual records of accomplishment (commendation, etc.) for promotion purposes or performance evaluation (Gabao 2013). 2. **Crime Detection** Through crime detection the police are typically the first component of the justice system to deal with crime. The detection of crime occurs in the following manner: a. The most typical way that crimes come to attention of the police if for the victim to reports its occurrence to the police. b. A less typical way for the police to be advised of the crime is through the reporting of someone who has witnessed its commission or has come upon evidence indicating that a crime been committed. c. The police themselves, through their proactive routine operations discover that a crime has been committed or has witnessed its commission. An important part of the crime detection maybe the result of an aggressive police work. Experienced police officers and detectives sometimes concentrate their surveillance operations and investigate efforts on persons, situations, places in which past experience has taught them that criminal behavior is likely (e.g. buy-bust operation). Buy-bust operation is also known as entrapment. This refers to the ways and means resorted by the police to catch a law violator in the act of committing a crime. This is simply means that ways and means are resorted to by the police officers in order to catch a law violator as distinguished from instigation wherein the police basically induced the person into committing a crime. It entrapment, a person caught by the police is criminally liable for the crime committed; while in instigation, the person induced is not criminally liable; however, the police who induced the latter may be held criminally, civilly and administratively liable. 3. **What is Criminal Investigation?** Criminal investigation is an art, which deals with the identity and the location of the offender and gather evidences of his guilt in criminal proceeding (Gabao 2013). Criminal investigation is important in the administration of the CJS because one of the purposes of criminal investigation is to gather and preserve evidence that will justify their enforcement action in the particular case as well as enable the fact-finding process of the courts and the prosecution of the case successfully and obtain conviction. An investigator is who is charged with the duty of carrying the objectives of investigation, such as: a. Identify the criminal; b. Locate the offender; and c. Provide (gather) evidence for his guilt. An investigator must be physically, psychologically and intellectually fit to overcome the stress or pressures that may be encountered in his work. 4. **Apprehension of Suspects** Apprehension of criminal will when crime prevention fails. Police officers should observe the basic rights of apprehended suspects. Arrest is the taking of person into custody in order that he may be made to answer for the commission of the crime. All arrests should be made only on the basis of a valid warrant of arrest issued by a competent authority, except in instances where the law allows warrantless arrest. Arrest is important in the administration of criminal justice system because if the accused is not arrested, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the authorities. Under the law, the court cannot proceed with the trial of the person without his presence or in absentia. This is in consonance with the constitutional requirement that the accused must have the right to be heard and to be informed of the cause of the accusation against him (Gabao 2013). The only exception when the presence in court may not anymore be required is when he has been identified by the witness and when the accused has already been arraigned. **How arrest is made** An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint then is necessary for his detention. **Arrest without warrant; when lawful?** A person 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 established 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. In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section 7 of Rule 112 of the Revised Rules on criminal Procedure. **What is probable cause in effecting arrest?** With respect to arrest, probable cause is such fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. 5. **Search and Seizure** Search warrant is an order in writing issued in the name of the People of the Philippines signed by the judge and directed to the peace officer, commanding him to search for personal property and bring it before the court. **What are the requisites for the issuance of a search warrant?** A search warrant shall not be issued except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. **What are the personal properties to be seized?** A search warrant may be issued for the search and seizure of personal property: a. Subject of the offense; b. Stolen or embezzled and other proceeds, or fruits of the offense; or c. Used or intended to be used as the means of committing an offense. **REVIEW OF CHAPTER 2** Direction. Encircle the letter of the correct answer 1. Criminal justice is a process and this process begins with the a. Commission of crime b. Detection of crime c. Arrest of the perpetrator of the crime d. Filling of criminal action/s 2. It occurs when the police basically induced the person into committing a crime. a. Entrapment b. Instigation c. Raid d. Detection 3. The following bureaus were created by virtue of RA 6975, except a. National Bureau of Investigation b. Philippine National Police c. Bureau of Jail Management and Penology d. Bureau of Fire Protection 4. The Police Act of 1966. a. RA 4864 b. Act No. 175 c. PD 765 d. Act no. 255 5. The father of Modern Policing System. a. Lombroso b. Beccaria c. Peel d. Nazareno 6. What law created the three public safety bureaus under the reorganization Department of Interior and Local Government? a. PD 7765 c. RA 7438 b. RA 8551 d. RA 6975 7. With respect to arrest, probable cause is such fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. a. Probable cause b. Warrant of arrest c. Search warrant d. Preliminary investigation 8. Search warrant is an order in writing issued in the name of the People of the Philippines signed by the judge and directed to the peace officer, commanding him to search for personal property and bring it before the court. a. Search warrant b. Warrant of arrest c. Complaint d. Information 9. It is the taking of person into custody in order that he may be made to answer for the commission of the crime. a. Detention b. Arrest c. Search d. Raid 10. The insular constabulary was created by this law a. Act no, 175 b. PD 765 c. RA 4864 d. RA 6975 **CHAPTER THREE** **THE PROSECUTION PILLAR** **Lesson Learning Outcomes** At the end of this chapter, you are expected to; - Explain the purpose of preliminary investigation; - Discuss the systems of criminal procedure in the Philippines; - Identify cases requiring preliminary investigation; - Explain the legal basis in filing a complaint or information; - Differentiate preliminary investigation and inquest; - Appreciate the venue of good relationship between the law enforcers and prosecutor in the administration of justice. **What is prosecution as a pillar of CJS?** Prosecution as a pillar of CJS simply means a criminal action (Gabao 2013). He further added that it is a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining of guilt or innocence of a person charged with a crime. Prosecution is also used to designate the government as the party to the proceeding in a criminal action. In a criminal case, it is referred to as the process by which formal criminal charges are brought against a person accused of committing a crime (Gabao 2013). In addition, prosecution pillar takes care of evaluating the evidences and formally charges the suspects before the court. It serves as the screening process on whether to file a case based on evidence or dismiss the same. It determines what particular crime shall be formally filed and presents the burden of proof against the suspect in the court. Moreover, the second pillar (prosecution) take care of the investigation of the complaint. In the rural areas, the PNP may file the complaint with the inferior courts (i.e., the Municipal Trial Courts or the Municipal Circuit Trial Court). The judges of these inferior courts act as quasi-prosecutors only for the purpose of the preliminary investigation. Once a prima facie case has been determined, the complaint is forwarded to the City or Provincial Prosecutor's Office which will review the case. When the complaint has been approved for filling with the Regional Trial Court, a warrant of arrest for the accused will be issued by the court once the information has been filed. **Who is being represented by the prosecutor in the prosecution of the case?** In a criminal prosecution, the public prosecutor represents the State or the People of the Philippines. This is so because the real offended party is the people of the Philippines, for a crime is an outrage against them, and its vindication is in favor of the people of the Philippines. The offended party in criminal prosecution is merely a witness; mere collateral, for a crime that was committed by the accused is not against the offended party but against the people of the Philippines. **The Systems of Criminal Procedure** 1. Inquisitorial system In this system, the detection and prosecution of offender are not left to the initiative of the private parties but to the officials and the agents of the law. Resorts is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquiry which is not confrontational. 2. Accusatorial System Every citizen or a member of the group to which the injured party belongs may bring the accusation against a person suspected as the offender. As the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. The battles takes form a public trial and is judged by a magistrate who renders a verdict. The essence of accusatorial system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt or moral certainty. 3. Mixed System This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and other persons before filling the complaint or information is inquisitorial. It should be noted that the judicial set-up in the Philippines is accusatorial or adversarial in nature. It contemplates two contending parties before the court, which impartially hears opposing parties and renders judgment on the case only after trial. The rules of criminal procedure shall be literally construed in favor of the accused and strictly against the State to even the odds in favor of the accused against whom the entire machinery of the State is mobilized. **PRELIMINARY INVESTIGATION** (RULE 112, Revised Rules on Criminal Procedure) **SECTION 1. PRELIMINARY INVESTIGATION DEFINED; WHEN REQUIRED.-** 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 thereofm, and should be held for trial. Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by the law is at least four (4) years, two (2) months and one (1) day without regard to the fine. *Question. What is preliminary investigation?* **Answer.** 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. *Question. What is required?* **Answer**. Before a complaint of information is filed, preliminary investigation is required for all offenses punishable by imprisonment of at least 4 years, 2 months, and 1 day, regardless of fine, except if the accused was arrested by virtue of a lawful arrest without warrant. In such case, the complaint of information may be files without preliminary unless the accused asks for a preliminary investigation and waives his rights under Article 125 of the Revised Penal Code. *Question. What is the purpose of preliminary investigation?* **Answer.** A preliminary investigation is conducted for the following purposes: 1. To determine if there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is guilty thereof, and should be held for trial; 2. To protect the accused from the inconvenience, expense, and burden of defending himself in a formal trial unless the reasonable probability of his guilt and shall have been first ascertained in a fairly summary proceeding by a competent officer; 3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble, expenses and anxiety of a public trial; and 4. To protect the state from having useless and expensive trials. *Question: What is the scope of Preliminary Investigation?* **Answer**. It is merely inquisitorial and it is often the only means of discovering whether the offense has been committed and the persons responsible for it to enable the fiscal to prepare his complaint or information. It is not a trial on the merits and has no purpose but to determine whether there is probable cause to believe that an offense has been committed and that the accused is probable guilty of it. It does not place the accused in jeopardy. *Question: Is the right to a preliminary investigation a fundamental right?* **Answer.** NO. It is a statutory right and may be waived expressly or by silence. It is not an element of due process, unless it is expressly granted by law. While the right to a preliminary investigation may be substantial, nevertheless it is not a constitutional right. *Question: Can accused demand the right to confront and cross-examine his witness during the preliminary investigation?* **Answer.** NO. The preliminary investigation is not part of the trial. It is summary and inquisitorial in nature, and its function is not to determine the guilt of the accused but merely to determine the existence of probable cause. *Question: Is the lack of preliminary investigation a ground for dismissing a complaint?* **Answer.** NO. The absence of preliminary investigation does not affect the jurisdiction of the court but merely the regularity of the proceedings. Neither is it a ground to quash the information or nullity the order of arrest issued against him or justify the released of the accused from detention. The court cannot dismiss the complaint on this ground, and it should instead conduct the investigation or order the fiscal or lower court to do it considering that the inquest investigation conducted by the state prosecutor is null and void. However, the trial court should suspend proceedings and order a preliminary investigation where the inquest conducted is null and void. *Question: When should the right to preliminary investigation be invoked?* **Answer.** The accused should invoked it before plea, or else, it is deemed waived. **Section 2.** **Officers authorized to conduct preliminary investigations.-** The following preliminary investigations: a. Provincial or City Prosecutors and their assistants; b. Judges of the Municipal Trial Court and Municipal Circuit Trial Courts; c. National and Regional State Prosecutors; and d. Other officers as may be authorized by law. Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. *Question: Who may conduct preliminary investigation?* **Answer:** The following may conduct a preliminary investigation: 1. Provincial or City Prosecutors and their Assistants; 2. Judges of the Municipal Trial Court and Municipal Circuit Trial Courts; 3. National and Regional State Prosecutors; 4. Comelec with respect to election offenses; 5. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers; and 6. PCGG with respect to ill-gotten wealth cases. *Question: Can RTC Judges conduct a preliminary investigation?* **Answer:** NO. But this should not be confused with the authority of the RTC to conduct an examination for the purpose of determining probable cause when issuing a warrant of arrest. **SECTION 3. PROCEDURE-** the Preliminary Investigation shall be conducted in the following manner: a. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntary executed and understood their affidavits. b. Within ten (10) days after the filling of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents. The respondents shall have the rights to examine the evidence by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant mat be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense. Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party. c. within ten (10) days from receipts of the subpoena with the complainant and supporting affidavits and documents, the respondent shall submit his counter-affidavits and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall subscribed and sworn to and certified as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit. d. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the tem (10) day period, the investigating office shall resolve the complaint based on the evidence presented by the complainant. e. The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating officer questions which may be asked to the party or witness concerned. The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. It shall be terminated within five (5) days. f. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. Question: What is probable cause? Answer: 1. As basis in charging/ prosecuting person with and for an offense. Probable cause is the existence of such facts and circumstances, as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor that the person charged was guilty of the crime for which he was prosecuted (Euchanan vs. Vda. De Esteban, 32 Phil. 363; Que vs. Intermediate Appellate Court, 109 SCRA 137 (1989). 2. As ground for an arrest or issuance of a warrant of arrest. Probable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to believe that the person sought to be arrested has committed an offense (See Bernas, the Constitution of the Republic of the Philippines, a commentary Vol. 1, first Ed. 1987, pp.86-87). Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for arresting the accused. (34 words and Phrases 15, citing Mudge vs. State, 45 N.Y.S. 2^nd^ 296;901) Question: Is the presence of counsel in the preliminary investigation mandatory? **Answer:** NO. Preliminary investigation is a summary proceeding and is merely inquisitorial in nature. The accused cannot yet invoke the full exercise of his rights. However, if a confession is to be obtained from respondent, an uncounseled confession would be inadmissible. Question: What is the difference between criminal investigation and preliminary investigation? **Answer:** Criminal Investigation is a fact-finding investigation carried out by law enforcement officers for the purpose of determining whether they should file a complaint for preliminary investigation. Preliminary investigation is conducted for the purpose of determining is there probable cause to hold a person for trial. **SECTION 4. RESOLUTION OF INVESTIGATING PROSECUTOR AND ITS REVIEW.** **-** If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, are authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint. Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action. No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy. Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation. If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu propio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting another preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman. **SECTION 5. RESOLUTION OF INVESTIGATING JUDGE AND ITS REVIEW.** -Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which shall include: (a) the warrant , if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint. Within thirty (30) days from receipts of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. They shall order the release of an accused who is detained if no probable cause is found against him. **SECTION 6. WHEN WARRANT OF ARREST MAY ISSUE. --** a. **By the Regional Trial Court-** within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule. In case of doubt on the existence or probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the information. (Chan Robles virtual law library). b. **By the Municipal Trial Court. --** when required pursuant to the second paragraph of section of this rule, the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in cities, Municipal Trial Court may be conducted by either the judge or the prosecutor. **(C) When warrant of arrest not necessary.-** a warrant of arrest shall not issue if he accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section, or if the complaint or information was files pursuant to section 7 of this Rule or is for an offense penalized by fine only. The court shall them proceed in the exercise of its original jurisdiction. **SECTION 7. WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT** - When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person. - Before the complaint or information is filled, the person arrested may ask for a preliminary investigation in accordance with this rule, but he must sign a waiver of the provision of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. Not withstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception. - After the filing of the complaint or information in court without a preliminary investigation, the accused may, within five (5) days from the time he hears of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule. Question: What is a "John Doe" warrant? Are they valid? Answer: John Doe warrant is a warrant for the apprehension of a person whose true name is unknown. Generally, John Doe warrants are void because they violate the constitutional provision which requires that warrant of arrest should particularly describe the person or persons to be arrested. But if there is sufficient description to identify the person to be arrested, then the warrant is valid. Question: How should the complaint or information be filed when the accused is lawfully arrested without warrant? Answer: The complaint or information may be filed by a prosecutor without need for a preliminary investigation provided an inquest proceeding has been conducted in accordance with existing rules. In the absence of an inquest prosecutor, the offended party or any peace officer may file the complaint directly in court on the basis of the affidavit of the offended party or peace office. Question: What is an inquest? Answer: An inquest is an informal and summary investigation conducted by a public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under the custody and corresponding charged in court. Question: What are the guidelines to safeguard the rights of an accused who has been arrested without a warrant? Answer: The arresting officer must bring the arrestee before the inquest fiscal to determine whether the person should remain in custody and charged in court or if he should be released for lack of evidence or for further investigation. The custodial investigation report shall be in writing, and it should be read and adequately explained to the arrestee by his counsel in the language or dialect known to him. **SECTION 8. RECORDS- (a) RECORDS SUPPORTING THE INFORMATION OR COMPLAINT. -** An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case. **SECTION 9. CASES NOT REQUIRED A PRELIMINARY INVESTIGATION NOR COVERED BY THE RULE ON SUMMARY PROCEDURE. --** (a) if filed with the prosecutor. - If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment or less than four (4) years, two (2) months and one (1) day, the procedure outlined in section 3(a) of this rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing. (b)If filed with the Municipal Trial Court. -- if the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the procedure in section 3(a) of this rule shall be observed. If within ten (10) days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the same. He may, however, require the submission of additional evidence, within ten (10) days from the notice, to determine further the existence of probable cause. If the judge still finds no probable cause despite the additional evidence, he shall, within ten (10) days from its submission or expiration of said period, dismiss the case. When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest. REVIEW OF CHAPTER 3 REFLECTION 1. Why do prosecutors need to conduct preliminary investigation in certain cases? 2. Read a Philippine jurisprudence that discuss preliminary investigation and take note of the facts of the case. Write the key points here. 3. Are all criminal cases require preliminary investigation? Justify your answer. 4. Distinguish preliminary investigation and criminal investigation. 5. When shall inquest be conducted? **CHAPTER FOUR** **THE COURT PILLAR** LESSON LEARNING OUTCOMES At the end of this chapter, you are expected to: - discuss the role of courts in the criminal justice system; - Enumerate the courts of the Philippines; - Enumerate the rights of the accused at the trial of his case; - Distinguish jurisdiction and venue; - List down the jurisdiction of the different courts (from superior to inferior); - Discuss arraignment, judgement, and appeal; and - Demonstrate awareness on the current issues faced by the courts of the Philippines. Basic Terminologies -Court. It refers to governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and power. -Jurisdiction. It is the site or location to hear and determine a cause. -Venue. It is the site or location where the case is to be tried on the merits. -Bail. It is the security given for the release of a person in custody of the law, furnished by him or a bondman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail maybe given in the form of corporate surety, property bonds, cash deposit or recognition (Sec. 1, Rule 120). -Judgment. It is the adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imprisonment of the proper penalty and civil liability provided for by the law on the accused (Sec. 1, Rule 120). -Administration of justice. It refers to the determination of the facts of the case based on submitted evidence and the application of laws to such facts as presented by evidence to settle and decide a case. It involves two things: (1) ascertaining or determination of the relevant facts, (2) the application of the law to those facts in order to resolve the controversy. Court as a pillar of the Criminal Justice System conducts arraignment and trial. It shall issue warrant of arrest if the accused is at large. It acquits the innocent and adjudicate penalty for the accused if found guilty. JURISDICTION: IT'S CONCEPT Jurisdiction is defined as the power to try and decide, or hear and determine, a cause. To try and decide means to receive evidence from the parties (including their arguments; to decide or determine a case means to resolve the disputes by applying the law to the facts. (Chief Justice Narvasa, Handbook on Courts) "It is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. It is the power of the courts to hear and determine a controversy involving rights which are demandable and enforceable" (Sabio Jr. 2002). TERRITORIAL JURISDICTION means that a "criminal action should be filed in the place where the crime was committed, except in those cases provided by Article 2 of the RPC" (Sabio Jr. 2002). WHAT ARE THE REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION? For a valid exercise of criminal jurisdiction, the following have to be established: - Jurisdiction over the person. How it is acquired? This is acquired upon his arrest or upon his voluntary appearance or submission to the court. - Jurisdiction over the territory. Territorial jurisdiction means that a criminal action should be filed in the place where the crime was committed, except in those cases provided under Article 2 of the RPC. - Jurisdiction over the subject matter. This is the power to hear and determine cases of general class to which the proceeding in question belong and is conferred by the sovereign authority which organizes the court and defines its power. **DIFFERENT COURTS IN THE PHILIPPINES** 1. **The Supreme Court.** It shall be composed of 1 Chief Justice and fourteen (14) Associate Justice and may sit either en banc or its discretion, in division of three, five, or seven members. Any vacancy shall be filled within ninety days from occurrence thereof (Sec. 4, par. (1), Art. VIII, New Philippine Constitution (1987). The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an banc shall have the power to discipline judges of lower courts on order their dismissal by a vote of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon. (Sec. 11, Art. VIII, ibid) 2. **Courts of Appeals**. It shall be composed of one Presiding Justice and 68 Associate Justices who shall be appointed by the President of the Philippines (Sec. 3 B.P. Blg. 129 as amended by Exec. Order No. 33) 3. **Regional Trial Courts.** There are thirteen (13) Regional Trial Courts one for each judicial region. 4. **The so called Inferior Courts**- there shall be created a Metropolitan Trial Court in each Metropolitan areas prescribed by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each comprising such cities and/or municipalities as are grouped together pursuant to law (Sed. 25, Batasang Pambansa Blg. 129) 5. **Sandiganbayan.** A special Court tasked to handle criminal cases involving graft and corruption and other offenses committed by public officers and employees to connection with the performance of their function or the so-called service-connected duties. The Sandiganbayan was created under Presidential Decree No. 1606 pursuant to Section 5, Article XIII of the 1973 Constitution, is a special court which has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public officers and employees in relation to their offices. 6. **Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court-** a Metropolitan Trial Court is created in each metropolitan area established by law. A Municipal circuits Trial Court is established in each area defines as a municipal circuit, comprising of one or more cities and/or more municipalities. A Municipal Trial Court is created in each of the Municipalities that are not comprised within a municipal area and a municipal circuit. The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal Trial Courts have exclusive original jurisdiction, among others, over all violators of city or municipal ordinances committed within their respective territorial jurisdiction and all offenses punishable with imprisonment of not to exceed four (4) yeas and two (2) months, or a fine of not more than four thousand pesos (4,000) both such fine and imprisonment regardless of their imposable accessory or other penalties. 7. **Shari'a Courts.** The Shari'a courts are equivalent to Regional Trial Courts but are found in some Provinces in Mindanao where the Muslim Code on Personal Laws is enforced. **ROLE OF THE COURT** 1. In its capacity as participant, the court must decide the culpability or innocence of the accused after careful examinations of the records of the case after its trial on the merit. If the, prosecution successfully proves the guilt of the accused beyond reasonable doubt. The court has no option but to render a decision convicting the accused. On the other hand, if the prosecution fails to show the guilt of the accused for insufficiency of evidence he would be exonerated or acquitted and or release from prison if he is under detention unless he has another pending case where he fails to post bail for his provisional release. 2. As a supervisor, the court has a noble mission as a protector of human rights. These rights refer "to those rights which are inherent in our nature and without which we cannot live as human beings" (p.4 Human Rights Questions and\ Answer, United Nations, New York, 1987). The main function of the courts is to promote justice in order to obtain peace, satisfaction and happiness of the citizenry. Corollary to this, the judge should exhibit impartially in his decision to the contentment of all litigants. **COURTS FUNCTION** 1. **Keeping Peace.** The primary functions of any court system in any nation- to help keep domestic peace- is so obvious that it is rarely considered or mentioned. If there were no agency to decide impartially and authoritatively whether a person had committed a crime and if so, what should be done with him, other person offended by his conduct would take the law into their own hands and proceed to punish him according to their uncontrolled discretion. If there were no agency empowered to decide private disputes and authoritatively, self-help, quickly degenerating to physical violence, would prevail and anarchy would result. Not even a primitive society could survive under such conditions. As social order would be destroyed. In this most basic sense, court constitute an essential elements in society's machinery for keeping peace. 2. **Deciding Controversies.** In the course of helping to keep the peace, courts are called upon to decide controversies. If, in a criminal case, the defendant denies committing the acts against him, the court must choose between his version of the facts and prosecution's, and if he asserts that his conduct did not constitute a crime, the court must decide whether his view of the law or the prosecution's is correct... the issues presented to, and decided by the court maybe either factual, legal or both. 3. **Administrative Role.** It would be a mistake, however, to assume that courts spend all of their time deciding controversies. Many cases brought before them are not contested. They represent potential, rather than actual, controversies in which the court's role is more administrative than adjudicatory. The mere existence, the exclusive and concurrent jurisdiction of the Sandiganbayan. **WHAT ARE THE RIGHTS OF THE ACCUSED AT TRIAL?** Under Section 1 or Rule 115 of the Revised in Criminal Procedure, the accused shall be entitled to the following rights in all criminal prosecutions: a. To be presumed innocent until the contrary is proved beyond reasonable doubt. b. To be informed of the nature and cause of the accusation against him. c. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment. The accused may, however, waive his presence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his rights to be present on all subsequent trial dates until custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel. d. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him. e. To be exempt from being compelled to be a witness against himself. f. To confront and cross-examine the witness against him at the trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable, or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the opportunity to cross-examine him. g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. h. To have speedy, impartial and public trial. i. To appeal in all cases allowed and in the manner prescribed by law. **THE LITIGATION PROCESS** (Excerpt from the Revised Rules on Criminal Procedure) **RULE 116-ARRAIGNMENT AND PLEA** **Section 1.** Arraignment and Plea, how made. a. The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information. b. The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings. c. When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. d. When the accused pleads guilty bur presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. e. When the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. The accused shall be arraigned within ten (10) days from the date of the raffle. The Pre-trial conference of his case shall be held within ten (10) days after arraignment. f. The private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil liability, and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. g. Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill or particular or other causes justifying suspension of the arraignment shall be excluded in computing the period. Question. Where should the accused be arraigned? **Answer**. The accused must be arraigned before the court where the complaint was filed or assigned for trial. Question. When shall the arraignment be held? **Answer**. The general rule is that the accused should be arraigned within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. Question. Can the lawyer of the accused enter a plea for him? **Answer.** NO, the accused must personally enter his plea. SECTION 2. PLEA OF GUILTY TO A LESSER OFFENSE. -- At arraignment, the accused, with the consent of the offended party and prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. SECTION 3. PLEA OF GUILTY TO CAPITAL OFFENSE; RECEPTION OF EVIDENCE. -- When the accused pleads guilty to a capital offense. The court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. SECTION 4. PLEA OF GUILTY TO NON-CAPITAL OFFENSE; RECEPTION OF EVIDENCE, DISCRETIONARY. -- When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. SECTION 5. WITHDRAWAL OF IMPROVIDENT PLEA OF GUILTY. -- At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. SESCTION 6. DUTY OF COURT TO INFORM ACCUSED OF HIS RIGHT TO COUNSEL. -- Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed counsel of his choice, the court must assign a counsel de officio to defend him. SECTION 7. APPOINTMENT OF COUNSEL DE OFFICIO. -- The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de officio such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. But in localities where such members of the bar are not available, the court may appoint any person, resident of the good repute for probity and ability, to defend the accused. SECTION 8. TIME FOR COUNSEL DE OFFICIO TO PREPARE FOR ARRAIGNMENT. -- Whenever a counsel de officio is appointed by the court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. SECTION 9. BILL OF PARTICULARS. -- The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired. SECTION 10. PRODUCTION OR INSPECTION OF MATERIAL EVIDENCE IN POSSESSION OF PROSECUTION. -- Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alternation, may order the prosecution to produce and permit the inspection and copying of photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, object, or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies. SECTION 11. SUSPENSION OF ARRAIGNMENT. - Upon motion by the proper party, the arraignment shall be suspended in the following cases: a. The accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental examination and, if necessary, his confinement for such purpose; b. There exists a prejudicial question; and c. A petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty (60) days counted from the filing of the petition with the reviewing office. **RULE 117- MOTION TO QUASH** **SECTION 1. TIME TO MOVE TO QUASH**. -- At any time before entering his plea, the accused may move to quash the complaint or information. **SECTION 2. FORM AND CONTENTS.** -- The motion to quash shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall consider no ground other than those stated in the motion, except lack of jurisdiction over the offense charged. **SECTION 3. GROUNDS.** -- The accused may move to quash the complaint or information on any of the following grounds: a. That the facts charged do not constitute an offense; b. That the court trying the case has no jurisdiction over the offense charged; c. That the court trying the case has no jurisdiction over the person of the accused; d. That the officer who filed the information had no authority to do so; e. That it does not conform substantially to the prescribed form; f. That more than one offense is charged except when a single punishment for various offenses is prescribed by law; g. That the criminal action or liability has been extinguished; h. That it contains averments which, if true, would constitute a legal excuse or justification; and i. That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. **SECTION 4. AMENDMENT OF COMPLAINT OR INFORMATION.** -- If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made. If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment. **SECTION 5. EFFCET OF SUSTAINING THE MOTION TO QUASH.** -- If the motion to quash is sustained, the court may order that another complaint or information be filed except as provided in section 6 of this rule. If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no order is made or if having been made, no new information is filled within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless he is also in custody of another charge. **SECTION 6. ORDER SUSTAINING THE MOTION TO QUASH NOT A BAR TO ANOTHER PROSECUTION; EXCEPTION**. -- An offense order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in section 3 (g) and (i) of this rule. **SECTION 7. FORMER CONVICTION OR ACQUITTAL; DOUBLE JEOPARDY.** -- When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court or competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or any attempt to commit the same or frustrated thereof, or for any those which necessarily includes or is necessarily included in the offense charged in the former complaint or information. However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances: a. The graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; b. The facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or c. The plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116. In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. **SECTION 8. PROVISIONAL DISMISSAL.** - A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall became permanent two (2) years after issuance of the order without the case having been revived. **SECTION 9. FAILURE TO MOVE TO QUASH OR TO ALLEGE ANY GROUND THEREFORE. -** The failure of the accused to assert any ground of a motion to quash before he pleads to the complainant or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. **RULE 118 - PRE-TRIAL** Section 1. Pre-trial mandatory in criminal cases. - In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following: 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 interpose a lawful defense; and f. such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. Sec. 2. Pre-trial agreement. - All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court. Sec. 3. Nonappearance at pre-trial conference. - 1f the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties. Sec. 4. Pre-trial order, - After the pre-trial conference, the court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of, and control the course f the action during the trial, unless modified by the court to prevent manifest injustice RULE 119-TRIAL Section 1. Time to prepare for trial- After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order. Sec. 2. Continuous trial until terminated; postponements-Trial once commenced shall continue from day to day as far as practicable until terminated. ft may be postponed for a reasonable period of time for good cause. The court shall, atter consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as the otherwise authorized by the Supreme Court. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. Sec. 3. Exclusions -The following periods of delay shall be excluded in computing the time within which trial must commence: \(a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: 1. Delay resulting from an examination of the physical and mental condition of thee accused: 2. Delay resulting from proceedings with respect to other criminal charges against the accused; 3. Delay resulting from extraordinary remedies against interlocutory orders; 4. Delay resulting from pre-trial proceedings: provided, that the delay does not exceed thirty (30) days; 5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; 6. Delay resulting from a finding of existence of a prejudicial question; and 7. Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement. \(b) Any period of delay resulting from the absence or unavailability of an essential witness. For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence. \(c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. \(d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. \(e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted. \(f) Any period of delay resulting from a continuance granted by any court *motu proprio*, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. **Sec.4.** *Factors for granting continuance*-The following factors, among others, shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule. \(a) whether or not the failure to grant a continuance in the procee

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