CLJ 411 Mock Trial and Examination PDF

CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA GENERAL PRINCIPLES What is Criminal Procedure? - Series of processes by which the criminal laws are enforced and by which the State prosecutes persons wh...

CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA GENERAL PRINCIPLES What is Criminal Procedure? - Series of processes by which the criminal laws are enforced and by which the State prosecutes persons who violate the penal laws. Difference Between Criminal Procedure and Criminal Law Criminal Law Criminal Procedure Nature Substantive Remedial Purpose It declares what acts It provides how the act are punishable is to be punished Subject Matter It defines crimes, treats It provides for the of their nature, and method by which a provides for their person accused of a punishment crime is arrested, tried, and punished. When is there statutory construction? - Where the meaning of a statute is ambiguous, the courts may avail itself of all legitimate aids of construction in order that it can ascertain the true intent of the statute. How is criminal procedure construed? - The Rules of Criminal Procedure shall be liberally construed in order to promote their objective in securing a just, speedy, and inexpensive disposition of every action and proceeding.1 What are the Systems of Criminal Procedure? 1. Inquisitorial System – the detection and prosecution of crimes are left to the initiative of officials and agents of the law. 2. Accusatorial/Adversarial System – Contemplates of two contenting parties before the court which hears them impartially and renders judgment after trial. 3. Mixed System – a combination of both inquisitorial and accusatorial. Adversarial/Accusatorial Inquisitorial As to Role of the Court The court has a passive role and The courts play a very active role and relies largely on the evidence are not limited to the evidence presented before it. 1 Rules of Court, Rule 1, Section 6 1|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA presented by both sides to the action in order to reach a verdict. As to Reception of Evidence The court shall consider no evidence Judge/s actively participate/s in the which has not been formally offered. gathering of facts and evidence instead of merely passively receiving information or evidence from the parties. Sources of Criminal Procedure: 1. Rules 110-0127 of the Revised Rules of Court, as amended by AM No. 00-5-03-SC; 2. Revised Guidelines for Continuous Trial of Criminal Cases (A.M. No. 15-06-10-SC); 3. 1987 Constitution particularly those under rights of an accused under Article III (Bill of rights); 4. Various acts passed by the legislature like B.P. 129, as amended by R.A. No. 7691; 5. Civil Code of the Philippines (Arts. 32, 33, and 34) 6. Presidential Decrees; 7. Executive Orders; and 8. Decisions of the Supreme Court What is Jurisdiction? - Power of courts to hear and determine a controversy involving rights which are demandable and enforceable. Where did the word jurisdiction come from? - It is derived from two (2) Latin words “Juris” and “Dico”. o “I speak by the law” – which means fundamentally the power or capacity given by the law to a court or tribunal to entertain, hear, and determine certain controversies.2 What is Due Process? - A fundamental principle in the Philippine Legal System which ensures individuals are treated fairly and justly by the law, protecting their rights to life, liberty, and property. - Constitutional Basis is Section 1, Article 3, of the 1987 Philippine Constitution “No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.” 2 People vs. Mariano, G.R. L-40527, June 30, 1976 2|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA - Two Essential Components: o Substantive Due Process – Requires laws validly enacted by the government must be fair, reasonable, and just. o Procedural Due Process – It ensures that individuals are given basic rights of adequate notice and an opportunity to be heard before any governmental action that could affect their rights is taken. ▪ Key Elements of Procedural Due Process: a. Notice – individual must be informed of charges or claims against them in a clear and timely manner b. Hearing c. Impartial Tribunal – decision-maker must be unbiased and not have a personal interest in the outcome of the case d. Right to Counsel e. Decision Based on Evidence – outcome must be based on the evidence presented during the hearing Due Process in Criminal Proceedings is mandatory and indispensable and cannot possibly be met without a “law which hears before it condemns and proceeds upon inquiry and renders judgement only after trial”. Requirements of Due Process in Criminal Proceedings: (J-POL) 1. That the court or tribunal trying the case is properly clothed with Juridical Power to hear and determine the matter before it; 2. Jurisdiction is lawfully acquired by it over the Person of the accused; 3. That the accused is given the Opportunity to be heard; and 4. That judgement is rendered only upon Lawful hearing3 What is Criminal Jurisdiction? - It is the authority to try and hear a particular case and impose the punishment for it.4 Requisites for a Valid Exercise of Criminal Jurisdiction : (STP) 1. Jurisdiction over the Subject Matter; 2. Jurisdiction over the Territory where the crime was committed; and 3. Jurisdiction over the Person of the Accused A. Jurisdiction over the Subject Matter - Power to hear and determine cases of the general class to which the proceedings in question belong, and is conferred by the sovereign authority 3 Marquez vs. Sandiganbayan, G.R. Nos 187912-14, January 31, 2011 4 Licerio A. Antiporda Jr., et al. vs. Hon. Francis E. Garchitorena, et. Al., G.R. No. 133289 December 23, 1999 3|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA - Conferred only by the constitution or by law. - The jurisdiction of a court to try a criminal action is determined not by the law in force at the time of the commission of offense but by the law in force at the time of the institution of the action. B. Jurisdiction over the Territory - It is fundamental rule that for jurisdiction to be acquired by courts, in criminal cases, the offense should have been committed or any of its essential ingredients took place within the territorial jurisdiction of the court. - Specific Exceptions to the Territoriality Rule in Criminal Cases 1. Offense was committed under the circumstances in Article 2 of the RPC. Offense is cognizable before Philippine courts even if committed outside Philippine Territory a. While on Philippine ship or airship b. Forging or counterfeiting of Philippine coins and currency notes c. Crime is committed by a public officer in the exercise of his official function. d. Crimes against national security and the law of nations 2. Offense committed in a public or private vehicle in the course of its trip – action may be instituted in the court of any territory where this vehicle passed during the trip, place of departure, or arrival. 3. Offense committed on board of vessel in the course of its voyage – action may be instituted in first port of entry OR where it passed during voyage. 4. Case is cognizable by the Sandiganbayan 5. Where the offense is written defamation – to be filed where offended party held office if public officer OR place of residence if private individual. C. Jurisdiction over the Person of the Accused - Acquired upon his arrest and voluntary submission Jurisdiction over the Subject Jurisdiction over the Person of Matter the Accused As to Nature Refers to the authority of the Requires that the person charged court to hear and determine a with the offense must have been particular criminal case brought into its forum for trial As to How Acquired Derived from law, it can never be Arrest or voluntary surrender. acquired solely by consent of the May also be acquired by consent, accused express or implied, of the accused or by waiver of objections. As to Objection Objection that the court has no If he fails to make the objection jurisdiction over the subject in time, he will be deemed to have matter may be made at any stage waived it. 4|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA of the proceeding, and the right to make such objection is never waived. What is the difference between jurisdiction and venue? - Venue refers to the physical or geographical location where court proceedings will be held while Jurisdiction refers to the power or authority of a court to hear and decide a case. - Jurisdiction is a matter of substantive law while venue is a matter of procedural law - As elucidated by the Supreme Court, jurisdiction is a matter of substantive law, while venue is procedural in nature. Objections as to jurisdiction cannot be waived or may be raised at any time, even on appeal, while objections to venue may be waived. PRINCIPLE OF ADHERENCE OF JURISDICTION - Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of that jurisdiction. - General Rule : The jurisdiction once vested, cannot be withdrawn or defeated by: 1. A subsequent amendment of the information5 2. A new law amending the rules of jurisdiction6 Exceptions : 1. When there is an express provision in the statute 2. When the statute is clearly intended to apply to actions pending before the enactment What are the Types of Court? - Regular Courts – Within the regular court systems such as the Supreme Court, Court of Appeals, Regional Trial Courts, and Metropolitan Trial Courts - Special Courts – Outside the regular court systems, they deal with particular cases such as the Sandiganbayan, Court of Tax Appeals, Shari’a District Courts, and Shari’a Circuit Courts 5 People vs Chupeco, G.R. No. L-19568, March 31, 1964 6 Rillioraza vs. Arciaga, G.R. No. L-23848, October 31, 1967 5|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA CRIMINAL JURISDICTION OF TRIAL COURTS I. Katarungang Pambarangay7 - A system for amicable settlement of disputes at the barangay. It is an out-of-court resolution of conflicts by the community members themselves under the guidance of the unong barangay and without intervention of legal counsels and representatives. - Coverage includes: Civil disputes and every criminal offense punishable by imprisonment not exceeding one year or a fine not exceeding P5,000.00 are subject to amicable settlement under the KP when parties involved are individuals who are residing in the same city or municipality - This is a Pre-Requisite to Filing of Complaint in Court General Rule : Confrontation between the parties before the lupon chairman or the pangkat ng tagapagkasundo is needed before a complaint, petition, action, or proceeding may be filed or instituted directly in court or any other government office for adjudication. Exceptions : a. Where accused in under detention b. Where a person has been deprived of personal liberty c. Where actions are coupled with provisional remedies d. Where action may be barred by the statute II. Municipal Trial Courts and Municipal Circuit Trial Courts – Referred to as such if it covers only one municipality. - Municipal Circuit Trial Court if it covers two or more municipalities Jurisdiction : 1. Over offenses punishable with imprisonment not exceeding six (6) years 2. Where the only Penalty provided for by law is a fine not more than P4,000.00 3. Offenses involving Damage to property through criminal negligence 4. Summary Procedure a. BP 22 b. Violation of municipal or city ordinances c. Violation of the rental law d. Violations of Traffic laws, rules, and regulations 7 Local Government Code, Book III, Title I, Chapter 7 6|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA III. Metropolitan Trial Courts and Municipal Trial Courts in Cities – Municipal Trial Courts in towns and cities in the Metropolitan Manila area IV. Regional Trial Courts – They are established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region. Jurisdiction : 1. Over all criminal cases not within the exclusive jurisdiction of any court, tribunal, or body, Except : those falling under the exclusive and concurrent jurisdiction of the Sandiganbayan 2. Over offenses punishable with imprisonment exceeding six (6) years 3. Where only penalty provided for by law is a fine, over offenses punishable with a fine more than P4,000.00 4. Appellate jurisdiction over cases decided by the MTC, MeTC, and MCTC in their respective territorial jurisdiction; 5. Over criminal cases under Specific Laws such as a. Libel b. R.A 9165 c. Intellectual Property Code A.M. No. 03-03-03 6. PD 1606 7. Election Cases 8. Court Martial Cases except when offense is service-oriented 9. Offenses cognizable by the Sandiganbayan a. Info must not allege any damage to government; OR b. Alleged damage to government in amount NOT exceeding P1 Million. V. Shari’a Courts – Equivalent to Regional Trial Courts in rank which were established in certain specified provinces in Mindanao where the Muslim code on personal laws is being enforced. a. Equivalent to Municipal Circuit Trial Courts are Shari’a Circuit Courts which were established in certain municipalities in Mindanao. VI. Court of Tax Appeals – Exclusive appellate jurisdiction over appeals from decisions of the Commissioner of Internal Revenue and Commissioner of Customs on certain specific issues Jurisdiction : 1. All criminal offenses arising from violations of National Internal Revenue or Tariff Customs Code and other laws administered by the BIR or Bureau of Customs 7|Page  CLJ 411 MOCK TRIAL AND EXAMINATION By: ATTY. ALREZA JAN O. ICALINA VII. Sandiganbayan – Has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act, the Unexplained Wealth Act, and other crimes or felonies committed by public officials and employees in relation to office, including those employees in government-owned or controlled corporations. VIII. Court of Appeals – Jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards, or commissions. IX. Supreme Court – final arbiter of any and all judicial issues. 8|Page