CLJ 311 Criminal Procedure Lecture Notes No. 1 PDF

**LECTURE NOTES No. 1** +-----------------------------------------------------------------------+ | COVERED TOPICS: | +=======================================================================+ | I. Institutional Framework of Criminal Justice Sys...

**LECTURE NOTES No. 1** +-----------------------------------------------------------------------+ | COVERED TOPICS: | +=======================================================================+ | I. Institutional Framework of Criminal Justice System | +-----------------------------------------------------------------------+ | II. Overview of the nature of Criminal Procedure | +-----------------------------------------------------------------------+ | III. General Principles | +-----------------------------------------------------------------------+ **INSTITUTIONAL FRAMEWORK OF CRIMINAL JUSTICE SYSTEM** Determine and distinguish **THE FIVE (5) PILLARS OF CRIMINAL JUSTICE SYSTEM** (source: +-----------------------+-----------------------+-----------------------+ | **PILLARS** | **NATURE, ROLES AND | **EXAMPLES** | | | RESPONSIBILITIES** | | +=======================+=======================+=======================+ | **LAW ENFORCEMENT** | It is considered as | Law enforcement is | | | the prime mover of | spearheaded by the: | | | the Criminal Justice | | | | System. Activities | - - - | | | include, but not | | | | limited to, the | | | | following; | | | | | | | | - Prevention of | | | | crime | | | | | | | | - Repression or | | | | suppression of | | | | crime to reduce | | | | opportunity of | | | | committing a | | | | crime like | | | | conducting a | | | | patrol | | | | | | | | - Apprehending | | | | offenders | | | | | | | | - Conduct search | | | | and seizure | | | | | | | | - Investigation of | | | | crime | | | | | | | | - Protection of | | | | lives and | | | | property | | | | | | | | Law enforcers are | | | | guided by the | | | | so-called **"POLICE | | | | DISCRETION"** -- it | | | | is the wise use of | | | | one's judgment, | | | | personal experience | | | | and common sense to | | | | decide a particular | | | | situation. Abuse of | | | | discretion resulting | | | | to injury to person | | | | or damage to property | | | | is punishable. Police | | | | discretion must be | | | | guided by some basic | | | | concept of: | | | | | | | | 1. Common sense | | | | | | | | 2. Personal | | | | experience, and | | | | | | | | 3. Legal and sound | | | | judgment. | | +-----------------------+-----------------------+-----------------------+ | **PROSECUTION** | - | Made up of Provincial | | | | and City Public | | | 1. Investigatory | Prosecutors under the | | | | National Prosecution | | | 2. Prosecution | Service (NPS). | | | | | | | - - - | | +-----------------------+-----------------------+-----------------------+ | **COURT** | This is where the | **Regular Courts:** | | | proper trial, in | | | | accordance with the | 1. Supreme Court | | | Rules of Court, is | | | | being held after the | 2. Court of Appeals | | | INFORMATION or | | | | CRIMINAL COMPLAINT | 3. Regional Trial | | | was filed. | Court | +-----------------------+-----------------------+-----------------------+ | **CORRECTION** | **[Correction]{.under | 1. | | | line}** | | | | is the branch of | - Manila City Jail | | | Criminal Justice | | | | System concerned with | - San Ramon Prison | | | the custody, | and Penal Farm | | | supervision, and | Located in | | | rehabilitation of | Zamboanga | | | criminal offenders | | | | | - Leyte Penal | | | **[Penology]{.underli | Colony Located in | | | ne}** | Abuyog | | | is the study of | | | | punishment for crime | 2. | | | or of criminal | | | | offender. It includes | - Probation | | | the study of control | | | | and prevention of | - Absolute or | | | crime through | Conditional | | | punishment of | Pardon | | | criminal offenders. | | | | | - Parole | | | It is the **[weakest | | | | pillar]** | | | | because of its | | | | failure to reform and | | | | rehabilitate | | | | offenders and prevent | | | | them from returning | | | | to a criminal life. | | +-----------------------+-----------------------+-----------------------+ +-----------------------+-----------------------+-----------------------+ | **COMMUNITY** | Accused or arrested | | | | person is reverted | | | | back to the community | | | | under any of the | | | | following | | | | circumstances: | | | | | | | | - The case is | | | | dismissed due to | | | | insufficient | | | | ground/s to | | | | sustain a | | | | complaint against | | | | the suspect. | | | | | | | | - No probable cause | | | | or "reasonable | | | | certainty of | | | | conviction" as | | | | determined by the | | | | prosecution | | | | | | | | - The case is | | | | dismissed due to | | | | lack of evidence | | | | to convict the | | | | offender. | | | | | | | | - In case of | | | | imprisonment, | | | | full service of | | | | sentence or | | | | diversion takes | | | | place through the | | | | grant of parole, | | | | conditional | | | | pardon, or | | | | probation. | | +-----------------------+-----------------------+-----------------------+ **\ ** **OVERVIEW OF THE NATURE OF CRIMINAL PROCEDURE** Define **CRIMINAL PROCEDURE:** - It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. - It is the series of processes by which criminal laws are enforced and by which the State prosecutes persons who violate the penal laws. It regulates the steps by which one who committed a crime is punished. *(PP v. Lacson, G.R. No. 149453, 2003)* **WHAT IS THE ULTIMATE GOAL OF CRIMINAL PROCEDURE?** - While criminal law declares what conduct is criminal, defines crimes and prescribes punishment for such crimes, criminal procedure lays down the processes by which an offender is made to answer for the crime he committed. - In the prosecution for the violation of the penal laws, criminal procedure has the imposing task of balancing clashing societal interests primarily between those of the government and the those of individual. Criminal procedure, therefore, has the ultimate goal of harmonizing the governmental functions of maintaining peace and order and protecting the constitutional rights of its citizens. *(Riano)* **DETERMINE THE SYSTEMS OF PROCEDURE:** 1. **Accusatorial or Adversarial** 2. **Inquisitorial** +-----------------------------------+-----------------------------------+ | **ADVERSARIAL/ACCUSATORIAL** | **INQUISITORIAL** | +===================================+===================================+ | This contemplates two contending | The court may utilize evidence | | parties before the court which | gathered outside the court and | | hears them impartially and | the judge steers the course of | | renders judgment only after | the proceedings by directing and | | trial. | supervising the gathering of the | | | evidence and the questioning of | | In our judicial system, [a judge | the witnesses to the case. | | is not permitted to act as | | | inquisitor who pursues his own | | | investigation and arrives at his | | | own conclusion *ex | | | parte.*] | | +-----------------------------------+-----------------------------------+ | The court has a **PASSIVE role** | The court plays a very **ACTIVE | | and relies largely on the | role** and is not limited to the | | evidence presented by both sides | evidence presented before it. | | to the action in order to reach a | | | verdict. | | +-----------------------------------+-----------------------------------+ - **WHAT IS THE SYSTEM OF PROCEDURE IN THE PHILIPPINES?** - The system of procedure in the Philippines is accusatorial or adversarial where two contending parties appear before the court, which hears them impartially and renders judgment only after trial. *(Queto v. Catolico, G.R. No. L-25204 & L-25219, 1970)* **WHAT IS "STATUTORY CONSTRUCTION" IN RELATION TO LAWS?** - Statutory Construction refers to act or process of interpreting a statute and the principles developed by courts for interpreting statutes. - **Rule on Construction**: "One of the primary and basic rules in statutory construction is that, **where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation**. However, when the law is not clear, the law allows it to be interpreted." **HOW IS THE RULE ON CRIMINAL PROCEDURE CONSTRUED?** - Penal or criminal laws are **strictly construed** against the state and **liberally** in favor of the accused. - The rules on criminal procedure, being parts of the Rules of Court, shall be **liberally construed** in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding *(Sec. 6, Rule 1 of the Rules of Court)* - **"Liberal construction"** means a practice of interpreting a statute in accordance with its reasonable purpose as opposed to interpreting it in a purely strict and literary manner. - **Reason of liberal construction:** Supreme Court emphasized the need to view rules of procedure as tools to facilitate the attainment of justice, such that any rigid and strict application thereof, which results in technicalities tending to frustrate substantial justice, must be avoided *(Cariaga v. People)* *Case Illustration:* - **PEOPLE OF THE PHILIPPINES v. JUDGE PURISIMA** **\ ** **GENERAL PRINCIPLES** **DEFINE REMEDIAL LAW** - **WHAT ARE THE MAJOR ASPECTS OF REMEDIAL LAW?** 1. Civil Procedure; 2. Criminal Procedure; 3. Special Proceedings; 4. Evidence. (RIANO, 2019, p. 2). Distinguish: ***SUBSTANTIVE LAW VS. REMEDIAL LAW*** ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- **SUBSTANTIVE LAW** **REMEDIAL LAW** Substantive law is that part of the law which creates, defines, and regulates rights, or which regulates the rights and duties which give rise to a cause of action. Remedial law prescribes the method of enforcing rights or obtaining redress for their invasions. Makes vested rights possible. No vested rights may attach to nor arise therefrom Prospective in application. Retroactive in application. Originates from the legislature, and it is not embraced by the rule-making power of the Supreme Court Does not originate from the legislature, but has the force and effect of law if not in conflict with substantive law. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- **CAN PROCEDURAL RULES BE RETROACTIVELY APPLIED TO PENDING ACTIONS? WHAT IS THE EXCEPTION?** - Based on prevailing law, rules of criminal procedure are given retroactive application in so far as they benefit the accused. *(PP v. Buabayan, G.R. No. 112459, 2003).* - However, retroactive application does not apply when the statute itself expressly or impliedly provides that pending actions are excepted from its operation, or when applying it to pending proceedings would impair vested rights. Under appropriate circumstances, courts may deny the retroactive application of procedural laws in the event that it would not be feasible or would work injustice. *(Tan v. CA, G.R. No. 136368, 2002).* Distinguish**: CRIMINAL LAW v. CRIMINAL PROCEDURE** +-----------------------------------+-----------------------------------+ | **CRIMINAL LAW** | **CRIMINAL PROCEDURE** | +===================================+===================================+ | Criminal Law declares what | Criminal procedure lays down the | | conduct is criminal, defines | processes by which an offender is | | crimes and prescribes punishment | made to answer for the crime he | | for such crimes. | committed. | +-----------------------------------+-----------------------------------+ | Liberally construed in favor of | Liberally construed | | the accused. Strictly construed | | | against the State. | | +-----------------------------------+-----------------------------------+ | *Basis:* | *Basis:* | | | | | 1987 Philippine Constitution | 1987 Philippine Constitution | | | | | Revised Penal Code | Revised Rules of Court | | | | | Special Penal Laws | | | | | | Other laws with penal clause | | +-----------------------------------+-----------------------------------+ Distinguish: **CIVIL ACTION vs. CRIMINAL ACTION vs. SPECIAL PROCEEDING** +-----------------------+-----------------------+-----------------------+ | **CIVIL ACTION** | **CRIMINAL ACTION** | **SPECIAL | | | | PROCEEDING** | +=======================+=======================+=======================+ | Those which determine | Those which | A remedy by which a | | controversies between | adjudicate offenses | party seeks to | | private persons. | alleged to have been | establish a right, | | | committed against the | status, or a | | | State. | particular fact. | +-----------------------+-----------------------+-----------------------+ | Examples: | Examples: | Examples: | | | | | | a. b. c. | a\. Prosecution of | a\. Adoption | | | crimes and offenses | *(before | | | under RPC and other | effectivity RA | | | Special Penal Laws | 11642)* , | | | | Guardianship and | | | | Custody of Children | | | | | | | | b\. Cancellation or | | | | Correction of | | | | Entries in the | | | | Civil Registry | | | | | | | | c\. Settlement of | | | | Estate | +-----------------------+-----------------------+-----------------------+ NOTE: Upon effectivity of **REPUBLIC ACT (RA) 11642**, **[courts may no longer receive or accept petitions for domestic adoption]**. Jurisdiction over domestic adoption cases shall now be with the newly created **National Authority for Child Care (NACC)**, a **[quasi-judicial agency]** attached to the Department of Social Welfare and Development. **[Adoptions proceedings are now administrative]**. Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide such petitions. Distinguish: **CRIMINAL PROCEDURE v. CIVIL PROCEDURE** **CRIMINAL PROCEDURE** **CIVIL PROCEDURE** --------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------- It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. Civil Procedure is that branch of remedial law concerned with civil rights and redress of private wrongs not amounting to crime. **BRANCHES OF THE PHILIPPINE GOVERNMENT** Distinguish and determine **THE BRANCHES OF THE GOVERNMENT** +-----------------------+-----------------------+-----------------------+ | **LEGISLATIVE** | **EXECUTIVE** | **JUDICIARY** | +=======================+=======================+=======================+ | Legislative power is | The executive power | This is vested in the | | vested in Congress, | shall be vested in | Supreme Court and | | which | the President of the | such lower courts as | | | Philippines. | may be established by | | consists of the | | law. | | Senate and the House | | | | of Representatives. | | | +-----------------------+-----------------------+-----------------------+ | As to nature of | As to nature of | As to nature of | | power, Legislative | power, executive | power, judicial | | power is the | department implements | department interprets | | authority to make, | and executes the law. | the law. | | alter and repeal | | | | laws. | | | +-----------------------+-----------------------+-----------------------+ | Some distinct powers: | Some other powers of | Some distinct powers: | | | the President: | | | 1. | | It includes the duty | | | 1. 2. 3. 4. 5. | of the courts of | | | | justice: | | | | | | 2. | | 1\. To settle actual | | | | controversies | | | | involving rights, | | | | which are legally | | | | demandable and | | | | enforceable; and | | | | | | | | 2\. To determine | | | | whether or not | | | | there has been | | | | grave abuse of | | | | discretion | | | | amounting to lack | | | | or excess of | | | | jurisdiction on the | | | | part of any branch | | | | or instrumentality | | | | of the Government. | | | | *(PHIL. CONST. art. | | | | VIII, § 1).* | +-----------------------+-----------------------+-----------------------+ Define: **DOCTRINE OF SEPARATION OF POWERS** - An allocation of the three great powers of government in the following manner: legislation to Congress, execution of laws to the Executive, and settlement of legal controversies to the Judiciary. It is also an implicit limitation on their powers, preventing one from invading the domain of the others, but the separation is not total. - The principle of separation of powers ordains that each of the three great government branches has exclusive cognizance of and is supreme in concerns falling within its own constitutionally allocated sphere. Determine the **RULE MAKING POWER OF THE SUPREME COURT** - This refers to the **Power to Promulgate Procedural Rules**. The Supreme Court shall have the power to promulgate rules concerning the: a. Protection and enforcement of constitutional rights; b. Pleading, practice, and procedure in all courts; c. The admission to the practice of law; d. The Integrated Bar, and e. Legal assistance to the under-privileged. *(phil. Const. Art. Viii, s5\[5\])* - 1. 2. 3. - - **\ ** A. Define: **COURT** - It is an organ of the government belonging to the judicial department, the function of which is the application of the laws to controversies brought before it as well as the public administration of justice. *(Black's, 5th Edition, p. 356, see RIANO, 2019, p. 27).* Distinguish: **JUDICIAL COURT vs. QUASI-JUDICIAL COURT** +-----------------------------------+-----------------------------------+ | **JUDICIAL COURTS** | **QUASI-JUDICIAL COURT** | +===================================+===================================+ | Judicial Courts has been defined | A quasi-judicial body has been | | as an organ of the government | defined as \"an organ of | | that settles actual controversies | government other than a court and | | involving rights, which are | other than a legislature, which | | legally demandable and | affects the rights of private | | enforceable; and determines | parties through either | | whether or not there has been | adjudication or rule making. | | grave abuse of discretion | | | amounting to lack or excess of | | | jurisdiction on the part of any | | | branch or instrumentality of the | | | Government. *(PHIL. CONST. art. | | | VIII, § 1).* | | +-----------------------------------+-----------------------------------+ | Examples: | Examples: | | | | | **Regular Courts:** | \(1) Agencies created to | | | function in situations | | - Supreme Court | **wherein the government is | | | offering some gratuity, grant, | | - Court of Appeals | or special privilege**, like | | | the defunct Philippine Veterans | | - Regional Trial Court | Board, Board on Pensions for | | | Veterans, and NARRA, and | | | Philippine Veterans | | | Administration. | | - MTC | | | | \(2) Agencies set up to function | | - MCTC | in situations **wherein the | | | government is seeking to carry | | - MTCC | on certain government | | | functions**, like the Bureau of | | - METC | Immigration, the Bureau of | | | Internal Revenue, the Board of | | | Special Inquiry and Board of | | | Commissioners, the Civil | | - Sandiganbayan | Service Commission, the Central | | | Bank of the Philippines. | | - Court of Tax Appeals | | | | \(3) Agencies set up to function | | - Shari'ah Courts | in situations **wherein the | | | government is performing some | | - Family Courts | business service for the | | | public**, like the Bureau of | | | Posts, the Postal Savings Bank, | | | Metropolitan Waterworks & | | | Sewerage Authority, Philippine | | | National Railways, the Civil | | | Aeronautics Administration. | | | | | | \(4) Agencies set up to function | | | in situations **wherein the | | | government is seeking to | | | regulate business affected with | | | public interest**, like the | | | Fiber Inspections Board, the | | | Philippine Patent Office, | | | Office of the Insurance | | | Commissioner. | | | | | | \(5) Agencies set up to function | | | in situations **wherein the | | | government is seeking under the | | | police power to regulate | | | private business and | | | individuals**, like the | | | Securities & Exchange | | | Commission, Board of Food | | | Inspectors, the Board of Review | | | for Moving Pictures, and the | | | Professional Regulation | | | Commission. | | | | | | \(6) Agencies set up to function | | | in situations **wherein the | | | government is seeking to adjust | | | individual controversies | | | because of some strong social | | | policy involved**, such as the | | | National Labor Relations | | | Commission, the Court of | | | Agrarian Relations, the | | | Regional Offices of the | | | Ministry of Labor, the Social | | | Security Commission, Bureau of | | | Labor Standards, Women and | | | Minors Bureau. | +-----------------------------------+-----------------------------------+ Distinguish: **COURT v. JUDGE** ---------------------------------------------------------------------------------- ------------------------------ **COURT** **JUDGE** A tribunal officially assembled under authority of law; An officer of such tribunal An organ of the government with a personality separate & distinct from the judge Person who sits on the court A being in imagination comparable to a corporation A natural person An office A public officer ---------------------------------------------------------------------------------- ------------------------------ - **Will a case be dismissed if the judge died, resigned or terminated from his position?** No. **[PURSUANT TO DOCTRINE OF ADHERENCE (OR CONTINUITY) OF JURISDICTION]**, the continuity of a court and the efficacy of its proceedings are not affected by the death, resignation, or cessation from the service of the judge presiding over it. In other words, the judge may resign, become incapacitated, or be disqualified to hold office, but the court remains. *(ABC Davao Auto Supply, Inc. v Court of Appeals, G.R. No. 113296, Jan. 16, 1998)* **\ ** B. Distinguish: **SUPERIOR COURT v. INFERIOR COURT** ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------- **SUPERIOR COURT** **INFERIOR COURT** **Superior courts** are courts with controlling authority over some other court or courts, and with certain original jurisdiction of its own. *(RIANO, 2019, p. 24)* Inferior courts are those which are subordinate to other courts and whose judgments and decrees can be reviewed by the higher tribunals. *(RIANO, 2019, p. 24)* These are courts which have the power of review or supervision over lower courts *(1 REGALADO, p. 1).* These are courts, in relation to a superior court, which are lower in rank and subject to review and supervision by the latter *(1 REGALADO,* ---------------------------------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------- Distinguish: **COURT OF ORIGINAL JURISDICTION v. COURT OF APPELLATE JURISDICTION** ------------------------------------------------------ ------------------------------------------------------------------- **ORIGINAL COURT** **APPELLATE COURT** Actions or proceedings are originally filed with it. Has the power of review over the decisions of the original c ourt ------------------------------------------------------ ------------------------------------------------------------------- - Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts are courts of **original jurisdiction**. - The Regional Trial Court, Court of Appeals, and the Supreme Court are **both courts of original and appellate jurisdiction**. (RIANO, 2019, pp. 25-26) Distinguish: **COURT OF GENERAL JURISDICTION v. COURT OF SPECIAL JURISDICTION** +-----------------------------------+-----------------------------------+ | **COURTS OF GENERAL | **COURT OF SPECIAL JURISDICTION** | | JURISDICTION** | | +-----------------------------------+-----------------------------------+ | Those with competence to decide | Those which have jurisdiction | | on their own jurisdiction and | only for a particular purpose, or | | take cognizance of all cases, | are clothed with special powers | | whether civil and criminal, of a | for the performance of specified | | particular nature. | duties beyond which they have no | | | authority of any kind. | +-----------------------------------+-----------------------------------+ | It has the competence to exercise | These are tribunals exercising | | jurisdiction over cases not | limited jurisdiction over | | falling within the jurisdiction | particular or specialized | | of any court, tribunal, person, | categories of actions: | | or body exercising judicial or | | | quasi-judicial functions, *i.e.*, | e.g., Family Courts, Commercial | | the RTC. | Courts, Court of Tax Appeals, | | | Sandiganbayan. | +-----------------------------------+-----------------------------------+ Distinguish: **CONSTITUTIONAL COURT v. STATUTORY COURT** ----------------------------------------------------------------------- -------------------------------------------------------------------------------- **CONSTITUTIONAL COURT** **STATUTORY COURT** One created by a direct constitutional provision. One created by a law other than the constitution. In the Philippines, only the Supreme Court is a constitutional court. All courts in the Philippines, except the Supreme Court, are statutory courts. ----------------------------------------------------------------------- -------------------------------------------------------------------------------- Distinguish: **COURT OF LAW v. COURT OF EQUITY** **COURT OF LAW** **COURT OF EQUITY** ----------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- A **court of law** is any tribunal duly administering the laws of the land. A **court of equity** is one when the Court relaxes the strict application of the rules where strong considerations of justice are manifest. - Philippine courts are both courts of law and equity. *(US v. Tamparong, G.R. No. L-9527, Aug. 23, 1915)* Distinguish. **EQUITY v. EQUITY JURISDICTION** **EQUITY** **EQUITY JURISDICTION** ------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Equity is justice outside legality. Equity jurisdiction is the power of the court to resolve issues presented in a case, in accordance with the natural rules of fairness and justices, and in the absence of a clear positive law governing such issues and must always be anchored on the basic consideration that the same must be warranted by the circumstances obtaining in the case. **WHEN EQUITY DOES NOT APPLY** a. b. c. CASE ILLUSTRATION: - In the ***Enrile v. Sandiganbayan Case***, the court, based on HUMANITARIAN REASONS, granted the prayer of Senator Juan Ponce Enrile for provisional liberty under bail even if he was charged of a crime punishable with Reclusion Perpetua to Death. Here, Enrile was charged with the crime of Plunder punishable under RA7080. Enrile, on his Motion to Fix Bail, prayed before the Supreme Court that his **alleged age** and voluntary surrender were mitigating and extenuating circumstances that would lower the penalty of reclusion perpetua to a bailable penalty of reclusion temporal. He further alleged that his age and physical condition indicated that he was not a flight risk. Define. **PRINCIPLE OF JUDICIAL HIERARCHY** - Under the principle of hierarchy of courts, direct recourse to the Supreme Court is improper because this Court is a court of last resort and must remain to be so in order for it to satisfactorily perform its constitutional functions, thereby allowing it to devote its time and attention to matters within its exclusive jurisdiction and preventing the overcrowding of its docket. (*Dy v. Bibat-Palamos, G.R. No. 196200, 2013)* - **EXCEPTIONS:** A direct invocation of the Supreme Court's original jurisdiction to issue a writ of *certiorari* should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. *(First United v. Poro Point, GR No. 178799, 2009)* These cases are: a. b. c. d. e. f. g. Define. **DOCTRINE OF CHECKS AND BALANCES** - A system operating between and among the three branches of government the net effect of which is that no one department is able to act without the cooperation of at least one of the other departments. - Examples: a. b. c. Define. **DOCTRINE OF *STARE DECISIS*** - The doctrine of stare decisis requires adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of the Supreme Court thereof. - The doctrine of stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and an closed to further argument. *(Fermin v. People)* Define: **DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY** - **As a rule,** this principle holds that courts of equal and coordinate jurisdiction cannot interfere with each other's orders. ***(**Lapu-lapu Development and Housing Corp v. Group Management Corp, G.R. No. 141407, 2002).* - **Exceptions to the Doctrine:** The doctrine of judicial stability does not apply: 1. 2. 3. 4. ***\--nothing follows\--***