Introduction to the Philippine Criminal Justice System.pdf

Introduction to the Philippine Criminal Justice System Presented by: Qayes Wael M. Al-Quqa  Class Prayer Prayer Leader: Let us bow our heads and remember that we are in the Holy Presence of God....

Introduction to the Philippine Criminal Justice System Presented by: Qayes Wael M. Al-Quqa  Class Prayer Prayer Leader: Let us bow our heads and remember that we are in the Holy Presence of God. All: Dear God, we know You are with us in this class. Bless us with your Grace and help us become better Laurelians constantly engaged in scholarly pursuits and continually finding optimal and innovative solutions to challenges and concerns that confront us. Help us to be considerate, compassionate, and mindful of each other as we strive to accomplish our common objective of bolstering our knowledge and sharpening our skills with the active participation of students and with guidance of faculty. We pray that You bless our beloved LPU Davao so it will continue to grow and last for generations to come; will be true to Laurelian values; and will be faithful to our credo PRO DEO ET PATRIA, VERITAS ET FORTITUDO. Amen. Preliminaries What is law? Law is a rule of conduct, just, obligatory, laid by legitimate power for common observance and benefits. Also, it may be defined as a rule of conduct made obligatory made by duly constituted authorities, providing for their sanctions and consequences in case of violation thereof Concept of law There are two classification of laws: 1. As to nature a. Substantive b. Procedural/Remedial/alternative 2. As to considerations or relations governed a. Public b. Private As to nature Substantive laws It is a substantive law if it creates rights, obligations, and sanctions for the violations of such rights and obligations. An example of this is the Revised Penal Code. Procedural laws It is a procedural law if it lays down methods or processes for the enforcement of the said rights and redress of any violation of the said rights. As to considerations or relations governed Public Public laws govern public relations, or the relation imbued is imbued with public interest. The participation of the State is more apparent in Public laws Private Private laws govern private or civil relations. Such type of laws include the Civil Code of the Philippines and the Family Code of the Philippines Concept of Remedial law Since we were able to discuss about public and private laws, we can now define what remedial law is. Which is a branch of public law which prescribes the procedural rules to be observed in litigations, whether civil, criminal, or administrative, and in special proceedings, as well as the remedies available in each case. Introduction Summary of the Philippine Criminal Justice System The Criminal Justice System is where the state responds if a crime is occurred or discovered. But unlike any other system, the criminal justice system is a loose confederation of agencies that perform different functions and are independently funded, managed, and operated. It is different compared to other systems, because systems generally refers to an interactive, interrelated, interdependent group of elements performing related functions that makes it as a whole. Summary of the Philippine Criminal Justice System Despite their independence, the criminal justice pillars are related because what one pillar does affect the other pillars. Let’s say the police are mandated to arrest more offenders, here, the jail will have more detainees and if there are more detainees the prosecution will prosecute more case that will be resolved by the court that it will need to increase its docket. If there are more accused to be convicted, then the Bureau of Correction will have to rehabilitate more inmates American Criminal Justice System compared to the Philippine Criminal Justice System American Criminal Justice System The Philippine Criminal Justice comprises of three components to System has five components to wit: wit: 1. Law enforcement; 1. Police/Law enforcement 2. Prosecution; 2. Courts 3. Courts; 3. Correction 4. Correction; and 5. Community When does the CJS start? Just like the American System, the PCJS starts from the moment the law enforcement officer apprehends a person suspected of the commission of the crime or upon the discovery of the crime thereof. By this, the law enforcement is considered as the initiator of the Justice System. What comes next after apprehension or discovery of the crime? The prosecutor also known as fiscal, will conduct a preliminary investigation for the determination of probable cause that may warrant trial before a judicial court. This is assuming that a warrant of arrest was issued. If the person arrested was apprehended without a warrant of arrest, an inquest proceeding shall be followed. Upon finding probable cause, the prosecutor will prepare an information with resolution which shall be filed with the court having jurisdiction over the case and shall act as the lawyer of the state against the accused. Upon filing the information, what will the court do? The court will schedule an arraignment for the accused to enter his plea. The accused, however, may challenged the complaint or information and file a motion to quash pursuant to Section 1 Rule 117 of the Revised Rules of Court at any time BEFORE ENTERING his plea on any grounds under Section 3 of the same Rule. After arraignment, what comes next? After arraignment, a mandatory pre-trial conference under Rule 118 will commence to take up the following matters: 1. Plea Bargaining; 2. Stipulation of facts; 3. Marking for identification of evidence of the parties; 4. Waiver of objections to admissibility of evidence; 5. Modification of the order of trial if the accused interposes a lawful or positive defense; and 6. Matters that will promote a fair and expeditious trial of the criminal and civil aspect of the case  After pre-trial… After pre-trial, the court shall issue an order reciting what has been taken during pre-trial and thereafter the trial on the merits shall proceed. After trial, the court shall provide judgment whether guilty or not guilty of the offense charged and the imposition of the proper penalty a civil liability, if any. It must be written in official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which the judgment was based on After judgment After judgment, the correction pillar will come in and their role is to correct or rehabilitate the convict. There are two types of correctional institutions: (1) Institutional, and (2) non-institutional. Institutional corrections With respect to institutional corrections, There are only two: (1) The Bureau of Corrections (BuCor) and (2) the Bureau of Jail Management Penology (BJMP). If the convict has a penalty of not more than three years of imprisonment, he shall be placed in jail under the BJMP and for those who has a penalty of three years of more will be rehabilitated or corrected in the BuCor. Criminal Justice System, defined. Definition As a social institution As a system As a process As a social institution As a social institution, the system attempts to meet society’s needs for law and order. As a system As a system, the criminal justice system depends on due process involving the five pillars namely: law enforcement, prosecution, court, correction , and the community. Due process of law has been defined many, many times, and simply means that before a man can be deprived of his life, liberty or property, he must be given an opportunity to defend himself. As a process As a process, the Criminal justice system is the orderly progression of events from the time a person is arrested from the community, investigated, prosecuted, sentenced, punished, rehabilitated, and returned to the community again. The PCJS and the 1987 Constitution There are provisions of the 1987 Philippine Constitution that are related in the study of the PCJS. Article II, Section 5 The maintenance of peace and order, the protection of the life, liberty and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy Article II, Section 11 The state values the dignity of every human person and guarantees full respect for human rights. Article III, Section 1 No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Article III, Section 1 1. Life is the most important form of human rights. A person who is breathing but is not accorded with all his human rights is good as dead. 2. Liberty everyone’s liberty cannot be taken away from him without due process. 3. Property – one of the very important components of comfortable living. Labor Rights also partakes of a property right. An employee cannot be just terminated from his employment without due process. Article III, Section 1 Due process of law is a proceeding which hears before it condemns, the punishment of the guilty only proceeds after inquiry and renders judgment only after trial. Simply put, before the State condemns it has to give the person a chance to be heard first; before it could proceed to punish the guilty, it has to conduct an inquiry, and it cannot render judgment if trial has not been conducted. Article III, Section 1, Equal protection 1. Legal equality – We have the equal number of rights as well as the number of obligations under the law under the same circumstances. 2. Does not prohibit classification – At times, the law may impose classification insofar as those who are to be benefited by law because it is required by circumstances. Article III, Section 2 The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Article III, Section 2 As a general rule, a person or his house including papers can neither be searched nor seized without a valid search warrant or warrant of arrest as the case may be. Requisites for a valid search warrant 1. There must be an existence of probable cause; 2. This probable cause must be personally determined by the Judge by examination under oath or by affirmation of the complainant and his witnesses; and 3. The so-called particularity of description of the place to be search or the things to be seized. Can rights under this provision be asserted in checkpoints? Not all searches and seizures are prohibited. Those which are reasonable are not forbidden. A reasonable search is not to be determined by any fixed formula but is to be resolved according to the facts of each case. Where, for example, the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds, or simply looks into a vehicle, or flashes a light therein, these do not constitute unreasonable search.  True, the manning of checkpoints by the military is susceptible of abuse by the men in uniform, in the same manner that all governmental power is susceptible of abuse. But, at the cost of occasional inconvenience, discomfort and even irritation to the citizen, the checkpoints during these abnormal times, when conducted within reasonable limits, are part of the price we pay for an orderly society and a peaceful community. Probable cause Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. It is “such facts and circumstances antecedent to the issuance of a warrant, that are in themselves sufficient to induce a cautious man to rely upon them and act in pursuance thereof. How is it established? Determined personally by the judge under oath or affirmation of the complainant and the witnesses. “The establishment of the existence of probable cause presupposes the introduction of competent proof that the party against whom they sought as performed particular acts or committed specific omissions violating a given provision of our criminal law. Particularity of Description Section 2 of Article III requires that the things, the place or person to be searched or the things to be seized must be specifically or particularly describe in the warrant. Rationale for the requirement To limit the things to be seized to those, and only those, particularly described in the search warrant. To leave the officers of the law with no discretion regarding what articles they shall seize, to the end that unreasonable searches and seizures may not be made, that abuses may not be committed. Article III, Section 11 Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. Article III, Section 12 (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. Article III, Section 12 (2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. (3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him Article III, Section 12 (4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. Three laws related to Article III, Sec 12 1. RA 7438 – Criminalization of the Violation of the Rules Setforth in Section 12 on the Right of a Person under Custodial Investigation. 2. RA 7945 – Philippine Anti-Torture Law 3. Article 33, NCC – In cases of defamation, fraud, and physical injuries, a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Section 12 is important Why? because this is synonymous with this doctrine taught by American Jurisprudence called the Miranda Warning. The Miranda Warning is a very good legal principle involving respect to the protection of human rights culled from the two most important American cases of Escobedo vs Illinois and Miranda vs Arizona. This is where the Constitution mandates that a police officer or law enforcement officer placing a person under arrest either by virtue of a warrant or by virtue of a warrantless arrest, must state the Miranda rights of the person. NOTE This provision may only be invoked by a person when such person is already under custodial investigation. What is Custodial investigation? In the case of Escobedo vs Illinois, the Court said that where a police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect in police custody and the police carry out an interrogation that causes them to solicit incriminating statements. Example An incident of stabbing occurred and the suspect fled, you called 911, when the police officers came and asked you, “who was stabbed?” – you cannot say that you should be read your Miranda rights yet because this is only a general inquiry. Hence, you are not yet placed under custodial investigation. BUT if another person points you as the suspect and the police uttered, “Why did you stab him?” – then you are placed under custodial investigation because the police is focusing upon you as the possible suspect. Even if the real suspect was being successfully apprehended, it cannot be said that he is already under custodial investigation. The RECKONING point is when the officers start to ask you incriminating questions. Always Remember Strict compliance with the requirement under Section 12 is compulsory on the part of government agents. Thus, if the confession is obtained by these officers without observing this rule, the EXCLUSIONARY RULE under the 3rd paragraph will apply and the officers will also be held liable for RA 7438 for violation of the rules set forth in Section 12 on the right of a person under custodial investigation. Instances this provision cannot be invoked 1. Confessions made in front of the Media 2. Confessions made in a confidant that is a law enforcement officer 3. Spontaneous Statements Confession made in front of the Media Section 12 may only be invoked against the government or its agent acting for or its behalf. The radio announcer or tv reporter is not one of the agents of the State. The incriminating statement from the accused is ADMISSIBLE in court for the exclusionary rule found in Paragraph 3 cannot be applied.  Confession made in a confidant that is a law enforcement officer General Rule: If the confession is done in front of a law enforcement officer under CUSTODIAL INVESTIGATION is inadmissible Exception: If the accused made a confession to a mayor, but not because he was a mayor, but because he was his confidante as it turns out that they were best of friends at that time. The confession here is ADMISSIBLE. Spontaneous Statements Example: A person confessed spontaneously to a desk officer on duty for the day that he killed a person, if that police officer testifies as to the fact that the accused made the confession before him in his presence, it is admissible because the statement was voluntary and the person was not placed under custodial investigation. BUT Further confessions or questions made such as the manner of killing, the motive of killing and etc. It is NO LONGER SPONTANEOUS, what is spontaneous is only up to the extent that the police officer heard that the accused committed the crime. What should the officer do is to put the person under investigation and read him his Miranda rights until then, any answer to the question obtained is INADMISSIBLE Confession vs Admission A confession is a declaration made at any time by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime. Admission is usually applied in criminal cases to statements of fact by the accused which do not directly involve an acknowledgement of the guilt of the accused or of criminal intent to commit the offense with which he is charged Article III, Section 13 All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. Bail Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.  The right to bail is recognized by our Constitution. This is connected with the right to be presumed innocent. Each one of us is presumed to be innocent. The purpose of allowing the accused to post bail is to secure his attendance. When is bail as a matter of right? All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as prescribed by law or this Rule (a) before or after conviction by the MeTC, MTC, MCTC and (b) before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.  Bail as a matter of discretion if the offense charged is a CAPITAL OFFENSE and the EVIDENCE OF GUILT IS NOT STRONG. This means, notwithstanding that the punishment is charged with capital offense, if the evidence of guilt is not strong, the court in its discretion may still grant bail. Remember that when the bail is a matter of court discretion, it is incumbent upon the defense to prove that the guilt of the accused is not that strong. The court cannot just grant this without giving the prosecution the chance to be heard. The hearing of bail does not need to necessarily prove guilt beyond reasonable doubt. What is needed is that the evidence of guilt is NOT STRONG.  Article III, Section 14 (1) No person shall be held to answer for a criminal offense without due process of law (2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable. Rights to due process First paragraph is what we called the rights to due process. One good essence of criminal procedure is the right of the person to be informed as to why he is criminally charged and what crime he is charged with. The following must be observed by the court in affording the accused to his right to due process: 1. He must be given his right to be heard - meaning, he must be able to present his own evidence. Must be afforded the right to be heard. This is part of the accused’s right to due process – the right to be notified and the right to be heard; a proceeding which hears before it condemns. Also, it is the defense who has the onus probandi (burden of proof) to prove that he is not guilty. 2. There must be adherence to the rules in criminal procedure. 3. He must be tried by a competent court – It means the issue was tried by the court who has-jurisdiction over the case. 4. He must be tried by an impartial judge – Basically, the judge doesn’t have interest in prosecuting the case. Right to speedy, impartial, and public trial Right to Impartial Trial – As discussed, the judge must not have interest in the case, so that if the judge happens to be a relative or a good friend of the accused, then he must not allow himself and let someone else try the case. Right to Public Trial Speedy Trial – This Constitutional right is actually a double edge sword, because it can work for or against the advantage of the accused. By observing this right, two events might happen, Conviction or Acquittal is expedited. It works both ways. The Constitution mandates that the accused is entitled to his right to speedy trial. If this right is violated, then it is a ground for dismissal, specifically acquittal. Article III, Section 16 All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, administrative body. Article III, Section 17 No person shall be compelled to be a witness against himself. Article III, Section 17 This provision is also known as the right to self-incrimination. In the US, they call this the 5th amendment right. Article III, Section 17 In some instances, in certain criminal cases, different counsels would opt not to place the accused on the witness stand because he would be subjected to cross-examination by the prosecution. In the event that the accused refuses to take the witness stand, his refusal can never be used against him. Article III, Section 19 (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. (2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. Article III, Section 21 No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Double Jeopardy There are two types of Double Jeopardy under Section 21. 1. Prosecution for the second time for the very same offense. 2. Acquittal or conviction of a person of an act both punishable by a national law or a local ordinance. Article III, Section 22 No ex post facto law or bill of attainder shall be enacted. Article III, Section 22 The Congress is prohibited by the Constitution to enact ex-post facto laws and bill of attainder. Bill of Attainder These are the kinds of law that provides for automatic determination of a crime depriving the accused of due process, trial, remedies Ex-post facto law Retroactive application of laws; Adheres to the elementary rule of nullum crimen nulla poena sine lege. Act by the Congress to impose penalty to an act which is not criminal or penalized at the time of commission. Purpose of the CJS  The purpose of the PCJS may be classified into two: (1) Primary, and (2) Secondary. 1. Primary a) Protection of the members of society b) Maintenance of peace and order 2. Secondary a) Crime prevention b) Suppression of criminal conduct by apprehending the offenders. c) Review of the legality of preventive and suppressive measures. d) Judicial determination of guilt or innocence of the accused. Adult Criminal Justice vs Juvenile Justice System Difference Like other countries, the Philippines has a separate process for adults and juveniles. Persons below the age of 18 who committed a crime is processed under Republic Act No. 9344 or the Juvenile Justice and Welfare Act of 2006. Persons above 18 years old must be prosecuted in accordance with the Revised Rules of Court promulgated by the Supreme Court in the exercise of its Rule making power under the Constitution.  The juvenile Justice system gives more emphasis to the importance of rehabilitation and adherence to restorative justice rather than punishment and retribution. The juvenile justice has a specialized court which is the family court, a court equal to the Regional Trial Court designated by the Supreme Court to handle family related cases including juvenile cases. The juvenile will not be subjected to arrest but a different approach in taking a child into police custody such as a procedure for initial contact with the child.  Adult CJS Juvenile Justice System It depends upon which level of the system such as Suspect, Always Child in Conflict with Subject of the process Respondent, Accused, the Law (CICL) Convict, Inmate, probationer and etc. Particular, Penal law violated RA 9344, Rules on Juvenile in Law/Rule applied such as the RPC, Revised Conflict with the law Rules of Court Trial Court Regular Courts Family Court State Policy Exercise of police power Parens Patriae; best interest of the child Parens Patriae It is the assumption by the state of the role of guardian over children whose parents are deemed incapable or unworthy. It is also the doctrine that does not consider delinquent acts as criminal violation, thus making delinquents non-criminal persons and cannot be found guilty of a crime and punished like an adult criminal. It views minors who violate the laws as victims of improper care, custody and treatment at home Best interest of the Child It refers to the totality or the circumstances and conditions, which are most congenial to the survival, protection and feelings of security of the child and most encouraging to the child’s physical, psychological, and emotional development First Pillar Law enforcement Law enforcement The first pillar stands as the forefront and prime mover of the Justice System which has the following goals: 1. Crime Prevention 2. Arrest or Criminal Apprehension 3. Criminal Investigation 4. Order Maintenance 5. Public Service 6. Traffic regulation and motor accident investigation Police The police or law enforcers are the most visible representative of the government in the society. This pillar is considered as the first line of defense against crime. The term police derived from the powered POLITIA, meaning a condition of a state, government and administration. The term POLITIA came from the Greek word POLITEIA which means government, citizenship, or the entire activity of the polis in the city Philippine National Police The PNP is considered as the premier law enforcement agency in our country. However, this does not mean that this agency is the only law enforcement agency in the Philippines. Under our Constitution the state shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by the NAPOLCOM. The authority of local executives over the police units in their jurisdiction shall be provided by law. Functions 1. Enforce all laws and ordinances that protects lives and properties 2. Maintain peace and order and take all necessary steps to ensure public safety; 3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution 4. Detain an arrested person for a period not beyond what is prescribed by law informing the person so detained of all his rights under the Constitution 5. Issue licenses for the possession of firearms and explosives in accordance with law; 6. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and private detective sfor the practice of their profession. 7. Perform other duties as may be provided by law. The National Bureau of Investigation Aside from the PNP, there are other law enforcement agencies in the Philippines and one of those agencies is the NBI. The NBI was created under CA No. 181 and has the main objective to establish and maintain a modern, effective and efficient investigative service and research agency for the purpose of implementing fully principal functions provided under RA 157, as amended. Functions 1. Investigate crimes and other offenses both on its own initiative and as public interest may require. 2. Assist when officially requested in the investigation or detection of crimes and other offenses 3. Act as national clearing house of criminal records and other information for use of all prosecuting and law enforcement entities in the Philippines, of identification records of identifying marks, characteristics and ownership of possession of all firearms and test bullets fired therefrom. 4. Give technical help to all prosecuting and law enforcement offices or agencies of the government which may ask for its services. 5. Extend its services in the investigation of cases of administrative or civil nature in which the government is interested. 6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches in furtherance of scientific knowledge in criminal investigation. 7. Coordinate with other national or local agencies in the maintenance of peace and order. 8. Undertake the instruction and training of a representative number of city and municipal peace officers at the request of their supervision along effective methods of crime investigation and detection in order to insure greater efficiency in the discharge of their duties Police Discretion Police discretion is one of the most important powers vested by law to the police officer. This is defined as an authority conferred by law to act in a certain condition or situation in accordance with an official own considered judgment and conscience. It may also be defined as the wise use of one’s judgment based on personal experience to devide a particular situation. It is the freedom to make a choice among possible courses of action or inaction. Criminal Investigation It is an art which deals with the identity and location of the offender and provides evidence of his guilt through criminal proceedings. This is considered as the most difficult and complicated function of the police as criminal investigator. It may also be defined as the collection and analysis of facts about persons, things, places, subject of a crime to identify the perpetrator, to locate his whereabouts and to gather evidence for the establishment of his guilt in a criminal proceeding.  Criminal investigation may be further known or defined as an art or process which deals with the identity, location, and arrest of a person who commits a crime and simultaneously identify, collect, preserve, and evaluate evidence for the prupose of delivering criminal offender to justice. Elements of investigative process 1. Recognition – Identification of information related or has in anyway bearing in the crime under investigation 2. Collection – Collection of information related to the crime under investigation 3. Evaluation – Ascertaining whether information identified, collected and preserved can stand prosecution and trial Phases of Criminal investigation 1. Identification of criminal offender 2. Tracing, locating and arrest of the offender 3. Gathering of evidence to prove his guilt in the criminal proceeding Arrest It is defined as the taking of a person into custody in order that he may be bound to answer for the commission of an offense. It 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. (Rule 113, Sections 1 and 2). Arrest is the most controversial and well known function of a police officer. Modes of arrest 1. By actual restraint of the person to be arrested; and 2. By his submission to the custody of the person making the arrest. Force or violence is not applicable No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subjected to a greater restraint than is necessary. Search as an incident of Arrest The person making the arrest may conduct bodily search against the arrested person to confiscate the following: 1. Objects subject of the offense or intended to be used in the commission of a crime 2. Objects which are the fruits of the crime 3. Objects that are illegal 4. Those which might be used to commit violence or to escape 5. Dangerous weapons 6. Evidence of the case How a Warrant of Arrest is executed The head of the office to which the warrant of arrest was delivered to execution shall cause the warrant to be executed within 10 days from its receipt. Within 10 days after the expiration period, the officer to whom the warrant was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefor. NOTE A warrant of arrest has no expiry date. It remains valid until arrest is affected or the warrant is lifted. When warrantless arrest is permitted The general rule is that no person can be arrested without a warrant, however there are exceptions 1. When in the presence of a peace officer or private person, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. (In flagrante delicto) 2. 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. 3. When the person to be arrested is a prisoner who has escaped from a penal establishment. (Arrest of an escapee) No definite time making the arrest Unlike a search warrant, an arrest may be made on any day and at any time of the day or night. On the other hand, a search warrant can only be served in daytime unless specifically allowed by the warrant to be executed during the nighttime. Methods of arrest 1. With a warrant by a police officer When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to inform him, or when the giving of such information will imperil the arrest.  The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. 2. Without a warrant of arrest When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the latter is engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees. or forcibly resists before the officer has opportunity to inform him or will imperil the arrest 3. Citizen’s arrest When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the case of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or giving of such information will imperil the arrest. When may the arresting officer summon assistance An officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. Right of arresting officer to break into and breakout 1. The right of officer to break into building or enclosure An officer, in order to make an arrest either with or without a warrant of arrest, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose. Requisites: 1. That the person to be arrested is or is reasonably believed be in the building; 2. That he announced his authority and purpose for entering therein 3. He had been denied admittance 2. The right to break out from building or enclosure Whenever an officer has entered the building or enclosure in accordance with his right to break into building or enclosure, he may break out therefrom when necessary to liberate himself.  Searches and Seizures Search warrant, Defined A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. Elements: 1. Written order 2. Signed by the judge in the name of the People of the Philippines 3. Commanding a peace officer to search personal property 4. To seize and bring such personal property to the court How to obtain a search warrant 1. The law enforcement officer must provide information amounting to probable cause. 2. Data such as the address or the description of the place to be searched must be supplied to the judge. 3. The request must also include the crime or activities to be investigated. 4. The things to be seized must be particularly described.  Where to file the application for search warrant? 1. Any court within whose territorial jurisdiction a crime was committed 2. For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. Note: However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. Right to break door or window to effect search The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant to liberate himself or any person lawfully aiding him whether unlawfully detained therein. The Two Witness Rule No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. Time of making search The warrant must direct that it be served in the daytime, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. Life span of search warrant Unlike a warrant of arrest, a search warrant shall be valid for ten days from its date. Thereafter, it shall be void. Receipt for the property seized The officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. Delivery of property and inventory thereof to court (a) The officer must deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (b) 10 days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been complied with and shall required that the property seized be delivered to him. The judge shall see to it that subsection (a) has been complied with (c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the judge. Search incident to lawful arrest A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense without a search warrant. Plain view doctrine Authorizes a search and a seizure without a warrant. Requisites are: 1. There must have been a legal presence in the place where the search is made; 2. The evidence was discovered inadvertently by an officer with a right to be where he is; 3. The evidence is immediately apparently illegal; and 4. There is no need for any further search to obtain the evidence Stop and Frisk This is limited protective search of the outer clothing of a person to determine the presence of weapons. Probable cause is not required but a genuine reason must exist, in the light of the officer’s experience and surrounding circumstances, to warrant the belief that the person has concealed weapons. Second Pillar Prosecution Prosecution Pillar In this pillar, this is where the legality of the law enforcer and evaluation of evidence presented takes place. Likewise, presence of probable cause to warrant prosecution known as Preliminary Investigation will be determined. Three functions 1. Conduct Preliminary Investigation 2. Conduct inquest proceeding 3. To act as the lawyer of the state in criminal prosecution Department of Justice The Department of justice obtains its function from EO 292, its mandate is to uphold the rule of law and ensure the effective and efficient administration of Justice. It is the principal law agency and legal counsel of the government. It is headed by the Secretary of Justice, three under secretaries, three assistant secretaries, the Chief state prosecutor, the Chief State Counsel, the BuCor, the Board of Pardons and Parole and etc. National Prosecution Services Assists the Secretary of Justice in the performance of powers and functions of the Department relative to its role as the prosecution arm of the government particularly investigation and prosecution of all criminal cases, except those under the exclusive jurisdiction of the Office of the Ombudsman.  The National Prosecution Services was officially constituted on April 11, 1978 with the Issuance of Presidential Decree No. 1275 and the passage of Republic Act No. 10071 Public Prosecutor The public prosecutors does not only initiate criminal actions in the name of the People of the Philippines, they also serve as the trial or prosecution officers before the criminal court. The prosecutor also decides whether to prosecute a case or holde the case open for further action. Private Prosecutor Under Article 100 of the RPC, a person criminally liable is also civilly liable. Because of this, the private complainant may acquire services of a private counsel to act as a private prosecutor to protect the civil rights as a result of a felony. However the private prosecutor is under the direct control and supervision of the Public Prosecutor. Ombudsman as Special Prosecutor Formerly known as Tanodbayan, the Ombudsman is created under Section 5, Article XI of the 1987 Constitution. Powers and functions: 1. Fact-finding investigation 2. Administrative adjudication 3. Preliminary investigation 4. Prosecution 5. Public assistance 6. Enhance efficiency, effectiveness, transparency, accountability and Responsiveness Institution of Criminal Action A criminal action shall be instituted as follows: 1. For offenses where PRELIMINARY INVESTIGATION is REQUIRED, by filing the complaint with the PROPER OFFICER for the purpose of conducting the requisite preliminary investigation. 2. For all other offenses, by filing the complaint or information directly with the MTC and MCTC, or the complaint with the office of the prosecutor. In Manila and other charted cities, the complaints shall be filed with the office of the prosecutor unless otherwise provided by their charter. Effect of the institution of criminal action The institution of the criminal action shall interrupt the running period of prescription of the offenses charged unless otherwise provided in special laws. Complaint It is a sworn written statement charging a person with an offense subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. Information It is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court.  Complaint vs Information Complaint information Subscribed by The offended party, any peace By the prosecutor officer, or other public officer charged with the enforcement of the law violated Where to file Either in the court or the Court Prosecutor’s office Requirements Must be made under oath Need not be under oath Who must prosecute criminal actions All criminal actions either commenced by complaint or information shall be prosecuted under the direct action and control of a public prosecutor. In case of heavy work schedule or lack of public prosecutors, a private prosecutor may be authorized in writing by the Chief of Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court, once authorized, the private prosecutor shall continue to prosecute the case. Prosecution of Private Offenses Crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal action without including the guilty parties, if both are alive, not, in any case, if the offended party has consented to the offense or pardoned the offenders. Prosecution of Private offenses The offenses of seduction, abduction and acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party of her parents, grand parents, or guardian, not, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents, or guardian, the state shall initiate the criminal action in her behalf. Determination of Sufficiency of complaint or information A complaint or information is sufficient if it states the name of the accused, designation of the offense given by the statute, the acts or omissions complained of as constituting the offense, name of the offended party, approximate date of the commission of the offense (unless the date is an essential element in the commission of the crime), and the place where the offense was committed. When an offense is committed by more than one person, all of them shall be included in the complaint or information. Duplicity of the offense is not allowed A complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. Amendment or substitution A complaint or information may be amended, in form or in substance without leave of court and when it can be done without causing prejudice to the rights of the accused. However, amendment that downgrades the nature of the offense charged or excludes any accused from the complaint or information can only be made only upon motion by the prosecutor, with notice of the offended party and with leave of court.  If it appears at anytime before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided that the accused shall not be placed in double jeopardy. Amendment Substitution Involves either formal or substantial Involves substantial change from changes original charges Can be made without leave of court if Must be made with leave of court made before plea has been entered since the original information must be There is no need for preliminary dismissed investigation for the retaking of the There is a need for another plea of the accused if amendment is preliminary investigation and the only as to form accused has to plea to a new information  Refers to the same offense charged Requires the new information involves in the original information or to an a different offense which does not offense which necessarily includes or include or is not necessarily included is necessarily included in the original in the original charge charge Double Jeopardy may not be invoked Double jeopardy may be invoked since the substituted information is a because it is the same offense as it different offense involves an offense that includes or is necessary included in the original offense Where to file criminal action a) The criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. b) An offense is committed in a train, aircraft, or other public or private vehicle of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or other vehicle passed during its trip, including the place of its departure and arrival c) Where an offense is committed on board a vessel in the course of its voyage the criminal action shall be instituted and trie din the court of the first point of entry or on any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law. d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is first filed.  If the crime is a continuing offense that is some acts essential to the crime occurred in one place and some in another, the case can be filed in the court of either place where any of the essential ingredients of the crime took place. Theft is not a continuing offense. Hence, even if the item is brought to another place, the information still be filed in the place where the theft occurred. If the crime of estafa, the case can be filed where the misappropriation took place or where the accused was required to render an accounting. If the crime is committed in the Philippine territories abroad (embassies), the case can be filed in the RTC where the case was first filed. The Sandiganbayan may have jurisdiction provided that the offender is a public officer that has a salary grade of 27 and above. Preliminary Investigation Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial It is not a trial, but an initial step towards the criminal prosecution of a person. It is a mere inquiry or a proceeding that does not involve the examination of witnesses by way of direct or cross-examinations. Its purpose is not to determine the guilt of the respondent, but to determine whether a crime was committed, and the respondent is probably guilty.  Preliminary investigation does not require the full and exhaustive presentation of every evidence available to the persons involved but merely as may engender a well-founded belief that an offense has been committed and that the respondent is probable guilty thereof. Probable cause The existence of such facts and circumstances as would excite the belief, in a reasonable mind acting on the facts within the knowledge of prosecutor that the person charged was guilty of the crime for which he was prosecuted. Who may conduct preliminary investigation 1. Provincial or city prosecutor and their assistance; 2. National and regional state prosecutors; and 3. other officers as may be authorized by law. When Preliminary investigation is required Before the filing of a complaint or information for an offense where the law prescribes a penalty of at least 4 years, 2 months, and 1 day without regard to the fine. When PI not is required even if the offense requires PI 1. Warrantless arrest – Inquest proceeding is done 2. Warrantless arrest does not necessarily mean the respondent cannot request for a preliminary investigation. He may ask for PI to be conducted provided that he must sign a waiver of the provision of Article 125 of the RPC. 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 is an authorized officer and has personally examined the complainant and his witness. That there is reasonable grounrd to believed that the respondent is probably guilty and the same was informed of the complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence. Third Pillar Court Court In this stage of the CJS, judicial determination of the guilt or innocence of the accused is under consideration. Our Constitution ordains that judicial powers shall be vested In one Supreme Court and such lower courts as may be established by law. Supreme Court The Supreme Court was created on June 11, 1901, Act 136 of the Second Philippine Commission. The Judicial power in the country was vested in the Supreme Court, Court of First Instance, and Justice of the Peace Courts. When the Americans took over the Philippine Government from the Spaniards a military government was established suspending the criminal jurisdiction of Audencias and organized military commission on courts martial and provost courts.  Later on, the Audencia was re-established having jurisdiction over civil and criminal cases. Upon re-establishment six Filipino were members making Cayetano Arellano as the first Chief Justice. Upon the enactment of Act 136, the Audencia was abolished. The new Supreme Court promulgated its first decision on August 8, 1901. Americans took over the Supreme Court from 1901 to 1935. Although a Filipino was always appointed as Chief Justice, majority of the members of the Supreme Court were Americans.  The only time where the Supreme Court had complete Filipino membership was the establishment of the Commonwealth in 1935 having Claro Recto and Jose Laurel were among the First Filipino justices replacing the American Justices. With the ratification by the Filipino people of the 1935 constitution, the membership in the Supreme Court was increased to eleven, composed of a Chief Justice and ten associate justices. At present the Supreme Court is composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in division of three, five or seven members. Court A governmental body officially assembled under the authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and power. Judicial Power The judicial power shall be vested in one Supreme Court and in such other courts as may be established by law Judicial Power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether 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. Different Judicial Courts in the Philippines 1. Supreme Court 2. Court of Appeals 3. Court of Tax Appeals 4. Sandiganbayan 5. Regional Trial Court 6. Municipal Trial Courts 7. Family Courts 8. Shari’a Court Criminal Jurisdiction It is the authority to hear and try a particular roffense and impose the punishment for it. Criminal Jurisdiction is essential, without this, the court cannot hear, try and decide to a particular case. Requisites of Criminal Jurisdiction 1. Jurisdiction over the subject matter 2. Jurisdiction over the territory 3. Jurisdiction over the person of the accused Jurisdiction over the Subject matter This refers to the offense, by virtue of the imposable penalty or its nature, is one which the court is by law authorized to take cognizance of. To determine the court’s jurisdiction over the subject matter, the law in force should be looked into. In order to know the jurisdiction over the subject matter the following questions must be answered: 1. Does the law confer jurisdiction over Court to hear Case A? or 2. Does the court have jurisdiction over the offense by virtue of the imposable penalty and its nature. Jurisdiction over the territory The offense must have been committed or any of its essential ingredients took place within the territorial jurisdiction of the court. It cannot be waived and if the place of the commission was not specifically charged, the place may be shown by evidence.  The questioned to be asked here is whether the action has been filed within the territorial jurisdiction of the court. In criminal procedure, in filing a criminal action, it is the place where the crime is committed confers the court territorial jurisdiction over the case. Jurisdiction over the territory refers to venue or the place where the case is to be tried. The action should be instituted and tried in the municipality or territory where the offense has been committed, or where any one of the essential ingredients thereof took place. Jurisdiction over the person of the accused The person charged with the offense must have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. Criminal Jurisdiction of various Courts 1. Municipal trial Courts a. Exclusive original jurisdiction over all violations of civil/municipal ordinances committed within their territorial jurisdiction. b. Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from the offense. c. Exclusive original jurisdiction over offenses involving damage to property through criminal negligence. MTC d) Cases classified under the Revised Rules on Summary Procedure I. Violations of traffic laws, rules and regulations; II. Violation of rental law III. Cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months, or a fine not exceeding 1,000 Pesos or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. IV. Offenses involving damage to property through criminal negligence where the imposable fine does not exceed 10,000 Pesos e) Violation of BP 22 f) Special Jurisdiction to grant bail for criminal cases in the absence of all RTC judges in the province or city. 2. Regional Trial Court Exclusive Jurisdiction a. Criminal cases not within the exclusive jurisdiction of any court , tribunal, or body. These include criminal cases where the penalty exceeds 6 years of imprisonment, irrespective of fine. b. Criminal cases not falling within the exclusive original jurisdiction of the Sandiganbayan, where none of the accused are occupying positions corresponding to salary grade 27 and higher Appellate Jurisdiction All cases decided by lower courts in their respective territorial jurisdiction. 3. Family Courts a. Criminal cases where the accused is below 18 years of age but not less than 9 years of age, when one or more of the cvictimes is a minor at the time of the commission of the offense. If the minor was found guilty, the court shall promulgate a sentence and ascertain civil liability which the accused may have incurred. The sentence, however, shall be suspended without the need of application. b. Petitions for guardianship, custody of children, habeas corpus in relation to the latter. c. Petitions for adoption of children and revocation thereof d. Violation for Republic Act no. 7610 otherwise known as Special Protection of Children Against Child Abuse, Exploration dn discrimination Act as amended by RA 7658 and further amended by 9231 e. Republic Act no. 9775, Anti-Child Pornography Act of 2009 f. Cases under VAWC or RA 9262 g. Criminal cases involving juveniles if no PI is required 4. Court of Appeals a. Exclusive Original Jurisdiction Actions for annulment of judgments of RTC Petition for certiorari, prohibition, and mandamus involving an act or omission of a quasi-judicial agency, unless otherwise provided by law b. Concurrent Jurisdiction with the Supreme Court Petitions for writs of certiorari, prohibition, and mandamus against the CSC Petitions for writs of certiorari, prohibition, and mandamus against the National Labor Relation Commission under the Labor Code c. Concurrent Jurisdiction with the Supreme Court and the RTC Petitions for Habeas Corpus or Quo warranto Actions brought to prevent and restrain violations of laws concerning monopolies and combination in restraint of trade d. Concurrent jurisdiction with the Sandiganbayan and RTC Petition for writs of certiorari, prohibition, and mandamus relating to an act or omission of municipal trial court, or of a corporation, a board, an officer, or person Petitions for the issuance of writ of amparo Petitions for issuance of writ of habeas data e. Ordinary Appeal to the CA Appeals from RTC, except those appealable to the Supreme Court Appeals from RTC on constitutional, tax, jurisdictional questions involving question of fact which should be appealed first to the CA Appeals from decision and final order of the Family Courts Appeals from RTC in criminal cases, where the penalty imposed is reclusion Perpetua, or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of reclusion perpetua or life imprisonment is imposed  Direct appeal from land registration and cadastral cases decided by MTC, MTC, MCTC based on their delegated jurisdiction Petition for certiorari against decisions and final resolutions of the National Labor relation Commission Automatic review in cases where the RTC imposed the death penalty. f. Petition for review with the CA Appeals from RTC in cases decided by the RTC in the exercise of it appellate jurisdiction Appeals from decisions of the RTC acting as Special Agrarian Courts in cases involving just compensation to the landowners concerned Appeals from awards, judgments, final orders, or resolutions of on authorized by quasi-judicial functions Appeals from the office of the ombudsman in administrative disciplinary cases 5. Sandiganbayan a) Exclusive jurisdiction of Sandiganbayan Violation of RA 3019, RA 1379 and Chapter II, Section 2, Title VII of the RPC and other offenses committed by public officials and employees in relation to their office, and private individuals charged as co-principals, accomplices, and accessories including those employed on government-owned and controlled corporations, where on or more of the accused are officials occupying the positions in government, whether in permanent, acting, or interim capacity, at the time of the commission of the offense with a salary grade 27 and higher.  In cases where ther eis no specific allegation of facts showing that the offense was committed in relation to the public office of the accused, the original jurisdiction shall also be vested in the proper RTC or MTC as the case may be  Civil and Criminal cases filed pursuant to and in connection with EO no. 1, 2, 14, and 14- A Violations of RA 9160 or Anti Money Lundering Act of 2001 as amended by RA 9194, when committed by public officers and private persons who are in conspiracy with such public officers b) Sandiganbayan Concurrent jurisdiction with SC Petition for issuance of writ of certiorari, prohibitions, mandamus, habeas corpus, and injunction and other ancillary writs in aid of its appellate jurisdiction, including quo-warranto arising in cases falling under EO no. 1, 2, 14, and 14-A. c) Sandiganbayan concurrent jurisdiction with SC, CA, and CTA Petition for writ of amparo and writ of habeas data when action concerns public data files of government offices Petitions for certiorari, prohibtiions, and mandamus, relating to an act or omission of MTC, corporation, board, officer, or person. d) Sandiganbayan Appellate Jurisdiction Decisions and final orders of RTC in the exercise of their original or appellate jurisdiction nunder PD 1606, as amended, shall be appealable to the Sandiganbayan in the manner provided by Rule 122 of the rules of court 6. Supreme Court a) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. b) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.  b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c) All cases in which the jurisdiction of any lower court is in issue. d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. e) All cases in which only an error or question of law is involved. c) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. d) Order a change of venue or place of trial to avoid a miscarriage of justice. e) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. f) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. Determination of Criminal Jurisdiction 1. Determined by the allegations in the complaint or information not by the results of proof or by the trial court’s appreciation of the evidence presented 2. Determined by the nature of the offense and or penalty attached thereto and not what may be meted out after trial. 3. Determined by the law in force at the time of the institution of the criminal action and not at the time of its commission. Once vested, it cannot be withdrawn. Bail The accused of a crime is generally not required to be placed in jail pending investigation/trial of his case due to the constitutional guarantee for the right to bail. It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. Where to file 1. With the court where the case is pending, por in the absence of the judge, with another branch of the same court within the province, city, or municipality 2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending, whether on preliminar investigation, trial, or appeal 3. Any person on in custody who is not yet charged in court may apply for bail with any court in the province, city, or municipality where he is held.. Bail as a matter of right Bail is a matter of right under the following circumstances: 1. Before or after conviction by the MTC; and 2. Before conviction by the RTC for an offense not punishable by death, reclusion perpetua or life imprisonment. Bail when discretionary Upon conviction by the RTC with an offense that is not punishable by a capital punishment, admission to bail is discretionary. It may be filed and acted upon by the trial court despite filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the conviction of the appellate court changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with the appellate court.  Bail is denied in the following circumstances 1. Before conviction by the RTC of an offense punishable by capital punishment when the evidence of guilt is strong 2. After conviction by the RTC and penalty imposed is capital punishment.. Bail cannot be granted even if there was an appeal 3. After conviction by the RTC if the penalty imposed exceeds 6 years and the following circumstances are present: 1. He is a recidivist, quasi-recidivist, or habitual delinquent, or reiteration; 2. He has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without justification 3. Committed an offense under probation, parole or conditional pardon 4. There is undue risk that he may commit another crime during the pendency of the appeal. Forfeiture of bail When the presence of the accused is required by the court, his bondsmen shall be notified to produce him before the court on a given date and time. If the accused fails so, his bail shall be declared forfeited and the bondsman is given 30 days to produce their principal and to show why no judgment would be rendered against them for the amount of their bail. Within 30 days, the bondsman must: 1. Produce the body of their principal or the reason for production; and 2. Explain why the accused did not appear before the court when first required Arraignment and Plea, how is it 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 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 him to plead guilty or makes a conditional plea, a plea of not guilty shall be entered for him. (d) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of 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 3 days from the filing of the information or complaint. The accused shall be arraigned within 10 days from the date of the raffle (f) The private offended party shall be required to appear at the arraignment for the 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 30 days from the date of the court acquires jurisdiction ove the person of the accused. Plea Bargaining 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 a lesser offense after withdrawing his plea of guilty. Plea of guilty to a capital offense 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. Plea of guilty to non-capital offense 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. 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. Duty of the 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 shall assign a counsel de officio to defend him. Can arraignment be suspended? Yes, upon motion by the proper party, the arraignment shall be suspended in the following cases: a. The accused is suffering from unsound mental condition b. There exists a prejudicial question; and c. A petition for review of the resolution of the prosecutor is pending at either the DoJ or the Office of the President What is a prejudicial question? Prejudicial question is understood in law to be that which must precede the criminal action, that which requires a decision before a final judgment is rendered in the principal action with which said question is closely connected. Prejudicial question contemplates a civil and criminal case. There must be a civil case first followed by a criminal action with intimately related issues and the resolution of such issue determines whether the criminal action may proceed. Motion to quash. It may be done at any time before entering his plea, the accused may move to quash the complaint or information. Grounds The accused may move to quash the complaint or information on any of the following grounds: 1. Facts charged do not constitute an offense; 2. Court has no jurisdiction over the offense charged 3. Court has no jurisdiction over the person of the accused 4. The officer who filed the information had no authority to do so 5. It does not conform substantially to the prescribed form; (6) More than one offense is charged except when a single punishment for various offenses is prescribed by law; (7) That the criminal action or liability has been extinguished; (8) It contains averments which if true would constitute a legal excuse or justification (9) The accused has been previously convicted or acquitted x xx Effect of the failure to motion to quash the grounds The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint 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 objection except in paragraphs a b g and i Effect of sustaining the motion to quash If the motion to quash is sustained, the court may order that another complaint or information may be filed. Thus, it is not a bar to another prosecution for the same offense. Pre-trial In all criminal cases cognizable by the Sandiganbayan, RTC, MTCs, the court shall, after arraignment within 30 days from the date the court acquires jurisdiction over the person of the accused, order a pre-trial conference. Agreements and admissions in Pre-Trial 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. If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse, the court may mpose proper sanctions or penalties. Trial After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for trial. The trial shall commence within 30 days from receipt of the pre-trial order. Trial shall commence and continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause.  The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trail on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed 180 days from the first day of trial except as otherwise authorized by the Supreme Court. Remedy where the accused is not brought to trial within the time limit The accused may move for the dismissal of the information on the ground of the denial of his right to speedy trial. Order of trial 1. The prosecution shall present the evidence to prove the charge and, in the proper case, the civil liability. 2. The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case. 3. The prosecutor and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court permits to present additional evidence bearing upon the main issue. 4. Upon admission of the evidence of the parties, the case be deemed submitted for decision unless the court directs them to argue orally or to submit written. 5. When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. Discharge of accused to be state witness When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecutor before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearin gin support of the discharge, the court is satisfied that: a) There is absolute necessity for the testimony of the accused whose discharge is requested. b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of the said accused. c) The testimony of the said accused can be substantially corroborated in its material points; d) Said accused does not appear to be the most guilty; and e) Said accused has not any time been convicted of any offense involving moral turpitude. Exclusion of the public in trial The judge may, motuproprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. He ma also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. Demurrer to evidence After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence by: 1. Motuproprio after giving the prosecution the opportunity to be heard; 2. Upon demurrer to evidence filed by the accused with or without leave of court.  If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of evidence for prosecution. Judgment It is the adjudication by the court that the accused is guilty or not guilty of he offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by he judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. Fourth Pillar  In this stage, correction, rehabilitation and reorientation of those who judicially found guilty takes place. Correction It is a branch of the administration of criminal justice charged with the responsibility for the custody, supervision, and rehabilitation of convicted persons. It is the reorientation or re-instruction of the individual with a purpose of preventing a repetition of unlawful activities without necessity of taking punitive action. Approaches in correction 1. Institutional – Rehabilitation or correctional programs take place inside correctional facilities or institutions such as national penitentiaries and jails. 2. Non-institutional correction – Rehabilitation or correctional programs takes place within the community. This is also called as community-based correction. Agencies charged with correctional responsibility 1. Bureau of Corrections (BuCor) 2. Bureau of Jail Management and Penology (BJMP) 3. Board of Pardons and Parole (BPP) 4. Parole and Probation Administration (PPA) 5. Provincial and sub-provincial jails 6. Department of Social Welfare and Development (DSWD) First approach Jails and prisons were places to hold people before they were punished for their crimes, rather than places of punishment for convicted offenders. People were locked up until they could be executed, pilloried, or subjected to other forms of barbaric suffering.  Today, here in the Philippines, defendants are held in jails under the BJMP until judgment is rendered by the court, if bail is not available. After conviction, convicted persons will remain in jail if the sentence is 3 years of imprisonment or below. If it is beyond, that period, the convicted person is transferred to a correctional facility under the BuCor for the service of sentence. Bureau of Correction The Bureau of Correction is under the Department of Justice with the task to take custody, security, and rehabilitation of convicted person with penalty of imprisonment of more than 3 years. It is mandated to do the following: 1. Safekeeping – keeping offenders of the streets 2. Reformation – Ensure that released inmates are productive, healthy, and less likely to be in conflict with the law 3. Restorative justice – A framework that emphasizes the need to repair the harm done to crime victims through a process of negotiation, mediation and what not Seven Correctional Facilities in the Philippines 1. New Bilibid Prison – Muntinlupa City 2. San Ramon Prison and Penal Farm – Zamoanga Del Sur 3. Iwahig Prison and Penal Farm – Palawan 4. Correctional Institution for Women – Mandaluyong City 5. Leyte Regional Prison – Abuyog, Leyte 6. Sablayan Prison and Penal Farm – Sablayan, Mindoro Occidental 7. Davao Prison and Penal Farm – Tagum, Davao del Norte Procedure of Admission in a Correctional Institution 1. Receiving – The new prisoner is committed and escorted to the national prison. 2. Checking of Commitment papers – The receiving officer checks the papers if they are in order. There must be the signature of the judge, clerk of court, and the seal of the court. 3. Identification – The prisoner’s identity is established through the picture and fingerprint appearing in the mittimus order. 4. Searching – The frisking of the prisoner and searching of personal things. Weapons and other items classified as contraband are confiscated and deposited to the property custodian. 5. Briefing and Orientation – The prisoner will oriented on the rules and regulations of the institution before he will be assigned to the RDC or quarantine unit. Treatment program When imprisonment came to be used as a form of punishment, people believed that by putting the offender in prison community is protected from the further criminal tendencies. However, it was found to be doubtful. Modern thinking indicates that prison today should be geared to protect society as well as rehabilitate offenders, to these ends, the classification committee should properly execute the institution based treatment programs for individualized treatment of prisoners. Such as: General and academic program, vocational, recreational, work program, religious services and the health and medical services. These programs aims to restore the offenders’ self respect, making him a law-abiding citizen after serving his sentence. The ultimate goal of the correction system is rehabilitation. Bureau of Jail Management and Penology The BJMP was created under Section 10 of Republic Act no. 6975 as amended by RA 9263. It is under the Department of Interior and Local Government tasked for the custody, security, and rehabilitation of convicted person with a penalty of three years of imprisonment and below and those pending investigation or trial Powers and Functions of the BJMP To exercise supervision and control over all city and municipal jails EXCEPT Provincial jails. The provincial Jails shall be supervised and controlled by the provincial government within its jurisdiction whose expenses shall be subsidized by the National Government Types of Jails 1. Lock-up – It is a security facility for the temporary detention of persons held for investigation or awaiting preliminary investigation. 2. Ordinary Jail – It houses both offenders awaiting court action and those serving sentences up to 3 years 3. Workhouses – Jail farm or camp houses to offenders serving short sentences with constructive work programs. Categories of Inmates 1. Sentenced prisoner – Convicted by final judgment 2. Detention Prisoner – Inmate who is undergoing investigation/trial or awaiting trial. Classification of Sentenced Prisoners 1. Insular or National Prisoner – A person who is sentenced to serve a term of 3 years and 1 day to death 2. Provincial Prisoner – A person who is sentenced to serve 6 months and 1 day to 3 years 3. City Prisoner – A person who is sentenced to serve a prison sentence of 1 day to 3 years 4. Municipal prisoner – A person who is sentenced to serve a prison sentence of 1 day to 6 months. Non-Institutional Correction Considering that jails are overcrowded and the high cost of government expenses to maintain these facilities, non-institutional correction or a community based correction is an alternative for imprisonment. Probation Probation is a much less expensive than incarceration. It is designed to offer convicted offenders treatment outside prison where they can maintain their ties to convectional society. Judges will determine whether to grant or deny application for probation considering that it is a judicial prerogative. Note: Probation law is PD 968 as amended by RA 10707 Disqualification 1. Sentenced to serve a minimum term of imprisonment of more than 6 years. This if it is 6 years and 1 day, it cannot be applied. 2. Convicted of any crime against national security 3. Previously been convicted by final judgment of an offense punished by imprisonment of more than 6 months and 1 day and/or a fine of more than 1000 pesos 4. Previous Probationer 5. Already serving sentence at the time the substantive provision of this decree became applicable Obligations of probationer 1. Present himself to the probation officer within 72 hours from receipt of probation order 2. Report himself to the probation nofficer at least once a month during period of probation 3. Not to violate the conditions of his probation Violation The court may issue a warrant for the arrest of the probationer. He is then brough tto the court immediately for hearing, which is summary. If violation is established. The court may revoke or continue the probation and modify the conditions thereof. If revoked, the probationer shall be ordered to serve the sentence originally imposed and shall commit the probationer. And it is not appealable. Goals of probation 1. Enlighten and humane correctional system 2. Reformation of offenders 3. Reduction of incidence of recidivism 4. Extend to offenders individualized and community based treatment programs instead of imprisonment 5. Limited to offenders who are likely to respond to probation favorably 6. Economical or less costly than confinement Pardon A form of executive clemency which is exercised by the chief executive. It is vested in the executive and discretionary, thus is not a subject to review by a judicial court. Neither does the legislative branch have the right to establish conditions. Is this power absolute? No. The constitution provides for its limitations to wit: 1. Cannot be granted in cases of impeachment 2. No pardon can be granted for violation of any election laws, rules and regulations without the recommendation of the COMELEC 3. Pardon can be granted only after conviction 4. Pardon Must yield to the Doctrine of Separation of Powers Different kinds of pardon 1. Absolute Pardon – The convicted person has no pption and must accept it whether he likes it or not. His consent to absolute pardon is not indispensable hence, valid upon issuance. 2. Conditional Pardon – The convicted person has the righ to reject the pardon if he feels the condition is not favorable on his part. There Is a contract between the pardoning authority and the pardonee. What is the effect of pardon? It will restore the convict’s liberty and his civil and political rights. But it does not resotre a convicted felon to public office necessarily relinquished or forfeited by reason of the conviction although such pardon undoubtedly restores his eligibility for appointment to that office. Other forms of executive clemency 1. Amnesty – Given by the President with the concurrence of the majority of the congress (2/3) 2. Reprieve – Postones the execution of an offense to a day certain 3. Commutations of service of sentence - Remission of a part of the punishment; a substitution of a lesser penalty Parole A parole is a conditional release of an offender from a correctional institution after he serves the minimum term of prison sentence. It does not have the effect of extinguishing the criminal liability of the offender. Indeterminate Sentence Law (ISLAW) The purpose of this law is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of perosnalliberty. It is intended to favor the accused particularly to shorten his term of imprisonment, depending upon his behavior and his physical, mental, and moral record as a prisoner to be determined by the Board of Indeterminate Sentence ISLAW An indeterminate sentence is a sentence with a minimum term and a maximum term. If the minimum sentence does not exceed 1 year, the person is disqualified. If the minimum sentence exceeds 1 year, the person may be qualified to apply for parole Coverage of ISLAW 1. Revised Penal Code (RPC) – The court shall sentence the accused to an indeterminate sentence with a maximum term of which could be properly imposed of the code, and a minimum term which shall be within the range of the penalty next lower in degree to that prescribed by the Code for the Offense. 2. Special Penal Law (SPL) The court shall sentence the acused to an indeterminate sentence, the maximum term shall not to exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. ISLAW, is not applicable to persons who are 1. Convicted of offenses punished with death or life imprisonment 2. Convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition or espionage, or piracy 3. Those who are habitual delinquents 4. Those who shall have escaped from confinement or evaded sentence 5. Those who having been granted conditional pardon 6. The maximum period of imprisonment does not exceed 1 year 7. Those serving final judgment upon the approval of