Lecture Notes No. 1 CLJ311 Criminal Procedure PDF 2024

CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H LECTURE NOTES No. 1 COVERED TOPICS: I. Institutional Framework of Criminal Justice System II. Overview of the nature of Criminal Procedure I...

CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H LECTURE NOTES No. 1 COVERED TOPICS: I. Institutional Framework of Criminal Justice System II. Overview of the nature of Criminal Procedure III. General Principles INSTITUTIONAL FRAMEWORK OF CRIMINAL JUSTICE SYSTEM Determine and distinguish THE FIVE (5) PILLARS OF CRIMINAL JUSTICE SYSTEM (source: NATURE, ROLES AND PILLARS RESPONSIBILITIES EXAMPLES It is considered as the prime mover of the Criminal Justice System. Activities include, but not limited to, the following; Prevention of crime Repression or suppression of crime to reduce opportunity of committing a crime like conducting a patrol Law enforcement is Apprehending offenders spearheaded by the: Conduct search and seizure Philippine National Police Investigation of crime (PNP) Protection of lives and property Department of Interior and Local Government (DILG) LAW Law enforcers are guided by the so-called National Bureau of ENFORCEMENT “POLICE DISCRETION” – it is the wise use Investigation under the of one’s judgment, personal experience and Department of Justice common sense to decide a particular (DOJ) situation. Abuse of discretion resulting to injury to person or damage to property is punishable. Police discretion must be guided by some basic concept of: 1. Common sense 2. Personal experience, and 3. Legal and sound judgment. Performs two (2) powers: 1. Investigatory Made up of Provincial and 2. Prosecution City Public Prosecutors under the National Prosecution Prosecutors evaluate police findings Service (NPS). referred to them, or other complaints filed PROSECUTION directly with them by individual persons. Prosecutors file the corresponding INFORMATION or CRIMINAL COMPLAINTS in the proper courts on LECTURE NOTES No. 1 1  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H the basis of their evaluation of the proofs at hand; and Prosecutors represent the state where it prosecutes the alleged offenders in court, in the name of the “People of the Philippines.” Regular Courts: 1. Supreme Court This is where the proper trial, in accordance 2. Court of Appeals COURT with the Rules of Court, is being held after 3. Regional Trial Court the INFORMATION or CRIMINAL COMPLAINT was filed. Inferior Courts (MTC, MCTC, MTCC, METC) Special Courts: (Sandiganbayan, Court of Tax Appeals, Shari’ah Courts, Family Courts) 1. Institutional Correction – deals with jails, prisons, and colonies where a convict is going to service Correction is the branch of Criminal Justice his sentence. System concerned with the custody, Some examples: supervision, and rehabilitation of criminal Manila City Jail offenders San Ramon Prison and Penal Farm Penology is the study of punishment for Located in CORRECTION crime or of criminal offender. It includes the Zamboanga study of control and prevention of crime Leyte Penal Colony through punishment of criminal offenders. Located in Abuyog It is the weakest pillar because of its failure 2. Non-Institutional to reform and rehabilitate offenders and Corrections – deals with prevent them from returning to a criminal service of a convict outside life. an institution. It is also known as community- based-treatment. Some examples: Probation Absolute or Conditional Pardon Parole LECTURE NOTES No. 1 2  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H COMMUNITY Accused or arrested person is reverted back to the community under any of the following circumstances: The case is dismissed due to insufficient ground/s to sustain a complaint against the suspect. No probable cause or “reasonable certainty of conviction” as determined by the prosecution The case is dismissed due to lack of evidence to convict the offender. In case of imprisonment, full service of sentence or diversion takes place through the grant of parole, conditional pardon, or probation. LECTURE NOTES No. 1 3  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H OVERVIEW OF THE NATURE OF CRIMINAL PROCEDURE Define CRIMINAL PROCEDURE: It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction. It is the series of processes by which criminal laws are enforced and by which the State prosecutes persons who violate the penal laws. It regulates the steps by which one who committed a crime is punished. (PP v. Lacson, G.R. No. 149453, 2003) WHAT IS THE ULTIMATE GOAL OF CRIMINAL PROCEDURE? While criminal law declares what conduct is criminal, defines crimes and prescribes punishment for such crimes, criminal procedure lays down the processes by which an offender is made to answer for the crime he committed. In the prosecution for the violation of the penal laws, criminal procedure has the imposing task of balancing clashing societal interests primarily between those of the government and the those of individual. Criminal procedure, therefore, has the ultimate goal of harmonizing the governmental functions of maintaining peace and order and protecting the constitutional rights of its citizens. (Riano) DETERMINE THE SYSTEMS OF PROCEDURE: 1. Accusatorial or Adversarial 2. Inquisitorial ADVERSARIAL/ACCUSATORIAL INQUISITORIAL This contemplates two contending The court may utilize evidence gathered parties before the court which hears outside the court and the judge steers the them impartially and renders judgment course of the proceedings by directing only after trial. and supervising the gathering of the evidence and the questioning of the In our judicial system, a judge is not witnesses to the case. permitted to act as inquisitor who pursues his own investigation and arrives at his own conclusion ex parte. The court has a PASSIVE role and relies The court plays a very ACTIVE role and largely on the evidence presented by is not limited to the evidence presented both sides to the action in order to reach before it. a verdict. Ex parte means “for one party”. In the legal system, it means that one party appears or has appeared before a judge without the other side present. WHAT IS THE SYSTEM OF PROCEDURE IN THE PHILIPPINES? The system of procedure in the Philippines is accusatorial or adversarial where two contending parties appear before the court, which hears them impartially and renders judgment only after trial. (Queto v. Catolico, G.R. No. L-25204 & L- 25219, 1970) LECTURE NOTES No. 1 4  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H WHAT IS “STATUTORY CONSTRUCTION” IN RELATION TO LAWS? Statutory Construction refers to act or process of interpreting a statute and the principles developed by courts for interpreting statutes. Rule on Construction: “One of the primary and basic rules in statutory construction is that, where the words of a statute are clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. However, when the law is not clear, the law allows it to be interpreted.” HOW IS THE RULE ON CRIMINAL PROCEDURE CONSTRUED? Penal or criminal laws are strictly construed against the state and liberally in favor of the accused. The rules on criminal procedure, being parts of the Rules of Court, shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding (Sec. 6, Rule 1 of the Rules of Court) “Liberal construction” means a practice of interpreting a statute in accordance with its reasonable purpose as opposed to interpreting it in a purely strict and literary manner. Reason of liberal construction: Supreme Court emphasized the need to view rules of procedure as tools to facilitate the attainment of justice, such that any rigid and strict application thereof, which results in technicalities tending to frustrate substantial justice, must be avoided (Cariaga v. People) Case Illustration: PEOPLE OF THE PHILIPPINES v. JUDGE PURISIMA G.R. No. L-42050-66; November 20, 1978 LECTURE NOTES No. 1 5  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H GENERAL PRINCIPLES DEFINE REMEDIAL LAW It is a branch of law that prescribes the methods of enforcing rights and obligations created by substantive law. It provides a procedural system for obtaining redress for the invasion of rights and violations of duties. It also prescribes rules as to how suits are filed, tried and decided upon by the courts. (Bustos v. Lucero, G.R. No. L-2068, 1948) WHAT ARE THE MAJOR ASPECTS OF REMEDIAL LAW? 1. Civil Procedure; 2. Criminal Procedure; 3. Special Proceedings; 4. Evidence. (RIANO, 2019, p. 2). Distinguish: SUBSTANTIVE LAW VS. REMEDIAL LAW SUBSTANTIVE LAW REMEDIAL LAW Substantive law is that part of the law Remedial law prescribes the method of which creates, defines, and regulates enforcing rights or obtaining redress for rights, or which regulates the rights and their invasions. duties which give rise to a cause of action. Makes vested rights possible. No vested rights may attach to nor arise therefrom Prospective in application. Retroactive in application. Originates from the legislature, and it is Does not originate from the legislature, but not embraced by the rule-making power of has the force and effect of law if not in the Supreme Court conflict with substantive law. CAN PROCEDURAL RULES BE RETROACTIVELY APPLIED TO PENDING ACTIONS? WHAT IS THE EXCEPTION? Based on prevailing law, rules of criminal procedure are given retroactive application in so far as they benefit the accused. (PP v. Buabayan, G.R. No. 112459, 2003). However, retroactive application does not apply when the statute itself expressly or impliedly provides that pending actions are excepted from its operation, or when applying it to pending proceedings would impair vested rights. Under appropriate circumstances, courts may deny the retroactive application of procedural laws in the event that it would not be feasible or would work injustice. (Tan v. CA, G.R. No. 136368, 2002). LECTURE NOTES No. 1 6  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H Distinguish: CRIMINAL LAW v. CRIMINAL PROCEDURE CRIMINAL LAW CRIMINAL PROCEDURE Criminal Law declares what conduct is Criminal procedure lays down the criminal, defines crimes and prescribes processes by which an offender is made punishment for such crimes. to answer for the crime he committed. Liberally construed in favor of the Liberally construed accused. Strictly construed against the State. Basis: Basis: 1987 Philippine Constitution 1987 Philippine Constitution Revised Penal Code Revised Rules of Court Special Penal Laws Other laws with penal clause Distinguish: CIVIL ACTION vs. CRIMINAL ACTION vs. SPECIAL PROCEEDING CIVIL ACTION CRIMINAL ACTION SPECIAL PROCEEDING Those which determine Those which adjudicate A remedy by which a controversies between offenses alleged to have party seeks to establish a private persons. been committed against right, status, or a the State. particular fact. Examples: Examples: Examples: a. Collection of Sum of a. Prosecution of crimes a. Adoption (before Money and offenses under RPC effectivity RA 11642) , b. Annulment of and other Special Penal Guardianship and Marriage Laws Custody of Children c. Specific Performance b. Cancellation or Correction of Entries in the Civil Registry c. Settlement of Estate NOTE: Upon effectivity of REPUBLIC ACT (RA) 11642, courts may no longer receive or accept petitions for domestic adoption. Jurisdiction over domestic adoption cases shall now be with the newly created National Authority for Child Care (NACC), a quasi-judicial agency attached to the Department of Social Welfare and Development. Adoptions proceedings are now administrative. Petitioners have the option to immediately withdraw judicial petitions for domestic adoption pending in court, regardless of the stage of the proceedings. Otherwise, the courts shall continue to hear and decide such petitions. Distinguish: CRIMINAL PROCEDURE v. CIVIL PROCEDURE CRIMINAL PROCEDURE CIVIL PROCEDURE It is the method prescribed by law for the Civil Procedure is that branch of apprehension and prosecution of remedial law concerned with civil rights persons accused of any criminal offense and redress of private wrongs not amounting to crime. LECTURE NOTES No. 1 7  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H and for their punishment, in case of conviction. BRANCHES OF THE PHILIPPINE GOVERNMENT Distinguish and determine THE BRANCHES OF THE GOVERNMENT LEGISLATIVE EXECUTIVE JUDICIARY Legislative power is The executive power shall This is vested in the vested in Congress, which be vested in the President Supreme Court and such consists of the Senate and of the Philippines. lower courts as may be the House of established by law. Representatives. As to nature of power, As to nature of power, As to nature of power, Legislative power is the executive department judicial department authority to make, alter implements and executes interprets the law. and repeal laws. the law. Some distinct powers: Some other powers of the Some distinct powers: President: 1. The power to propose It includes the duty of the amendments to the 1. the power of control courts of justice: constitution over all executive departments, bureaus 1. To settle actual 2. The power to pass and offices controversies involving ordinary laws rights, which are legally 2. the power to execute demandable and the laws, the enforceable; and appointing power 2. To determine whether 3. the powers under the or not there has been commander-in-chief grave abuse of discretion clause amounting to lack or excess of jurisdiction on 4. the power to grant the part of any branch or reprieves instrumentality of the commutations and Government. (PHIL. pardons, the power to CONST. art. VIII, § 1). grant amnesty with the concurrence of Congress, the power to contract or guarantee foreign loans, 5. the power to enter into treaties or international agreements, the power to submit the LECTURE NOTES No. 1 8  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H budget to Congress, and the power to address Congress. Define: DOCTRINE OF SEPARATION OF POWERS An allocation of the three great powers of government in the following manner: legislation to Congress, execution of laws to the Executive, and settlement of legal controversies to the Judiciary. It is also an implicit limitation on their powers, preventing one from invading the domain of the others, but the separation is not total. The principle of separation of powers ordains that each of the three great government branches has exclusive cognizance of and is supreme in concerns falling within its own constitutionally allocated sphere. Determine the RULE MAKING POWER OF THE SUPREME COURT This refers to the Power to Promulgate Procedural Rules. The Supreme Court shall have the power to promulgate rules concerning the: a) Protection and enforcement of constitutional rights; b) Pleading, practice, and procedure in all courts; c) The admission to the practice of law; d) The Integrated Bar, and e) Legal assistance to the under-privileged. (phil. Const. Art. Viii, s5) What are the limitations in the rule-making power of the Supreme Court? The following are the limitations in the rule-making power of the Supreme Court: 1. The rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases; 2. The rules shall be uniform for courts of the same grade; and 3. The rules shall not diminish, increase, or modify substantive rights. Can the Supreme Court Amend Procedural Rules? Yes, The Supreme Court has the power to amend, repeal, or even establish new rules for a more simplified and inexpensive process, and the speedy disposition of cases. (Neypes v Court of Appeals, G.R. No. 141524, 2005). Can the Court relax/suspend Procedural Rules? Yes, the courts have the power to relax or suspend technical or procedural rules, or to except a case from their operation when compelling reasons so warrant or when the purpose of justice requires it; what constitutes good and sufficient cause that would merit suspension of the rules is discretionary upon the courts. (Commissioner of Internal Revenue v. Migrant Pagbilao Corporation, G.R. No. 159593, 2006) LECTURE NOTES No. 1 9  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H A. NATURE OF PHILIPPINE COURTS Define: COURT It is an organ of the government belonging to the judicial department, the function of which is the application of the laws to controversies brought before it as well as the public administration of justice. (Black’s, 5th Edition, p. 356, see RIANO, 2019, p. 27). Distinguish: JUDICIAL COURT vs. QUASI-JUDICIAL COURT JUDICIAL COURTS QUASI-JUDICIAL COURT Judicial Courts has been defined as an A quasi-judicial body has been defined as organ of the government that settles actual "an organ of government other than a controversies involving rights, which are court and other than a legislature, which legally demandable and enforceable; and affects the rights of private parties through determines whether or not there has been either adjudication or rule making. grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government. (PHIL. CONST. art. VIII, § 1). Examples: Examples: (1) Agencies created to function in Regular Courts: situations wherein the government is Supreme Court offering some gratuity, grant, or special Court of Appeals privilege, like the defunct Philippine Regional Trial Court Veterans Board, Board on Pensions for Veterans, and NARRA, and Philippine Inferior Courts Veterans Administration. MTC MCTC (2) Agencies set up to function in MTCC situations wherein the government is METC seeking to carry on certain government functions, like the Bureau of Immigration, Special Courts: the Bureau of Internal Revenue, the Board Sandiganbayan of Special Inquiry and Board of Court of Tax Appeals Commissioners, the Civil Service Shari’ah Courts Commission, the Central Bank of the Family Courts Philippines. (3) Agencies set up to function in situations wherein the government is performing some business service for the public, like the Bureau of Posts, the Postal Savings Bank, Metropolitan Waterworks & Sewerage Authority, Philippine National Railways, the Civil Aeronautics Administration. (4) Agencies set up to function in situations wherein the government is seeking to regulate business affected LECTURE NOTES No. 1 10  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H with public interest, like the Fiber Inspections Board, the Philippine Patent Office, Office of the Insurance Commissioner. (5) Agencies set up to function in situations wherein the government is seeking under the police power to regulate private business and individuals, like the Securities & Exchange Commission, Board of Food Inspectors, the Board of Review for Moving Pictures, and the Professional Regulation Commission. (6) Agencies set up to function in situations wherein the government is seeking to adjust individual controversies because of some strong social policy involved, such as the National Labor Relations Commission, the Court of Agrarian Relations, the Regional Offices of the Ministry of Labor, the Social Security Commission, Bureau of Labor Standards, Women and Minors Bureau. Distinguish: COURT v. JUDGE COURT JUDGE A tribunal officially assembled under An officer of such tribunal authority of law; An organ of the government with a Person who sits on the court personality separate & distinct from the judge A being in imagination comparable to a A natural person corporation An office A public officer Will a case be dismissed if the judge died, resigned or terminated from his position? No. PURSUANT TO DOCTRINE OF ADHERENCE (OR CONTINUITY) OF JURISDICTION, the continuity of a court and the efficacy of its proceedings are not affected by the death, resignation, or cessation from the service of the judge presiding over it. In other words, the judge may resign, become incapacitated, or be disqualified to hold office, but the court remains. (ABC Davao Auto Supply, Inc. v Court of Appeals, G.R. No. 113296, Jan. 16, 1998) LECTURE NOTES No. 1 11  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H B. CLASSIFICATION OF PHILIPPINE COURTS Distinguish: SUPERIOR COURT v. INFERIOR COURT SUPERIOR COURT INFERIOR COURT Superior courts are courts with controllingInferior courts are those which are authority over some other court or courts, subordinate to other courts and whose and with certain original jurisdiction of its judgments and decrees can be reviewed own. (RIANO, 2019, p. 24) by the higher tribunals. (RIANO, 2019, p. 24) These are courts which have the power of These are courts, in relation to a superior review or supervision over lower courts (1 court, which are lower in rank and subject REGALADO, p. 1). to review and supervision by the latter (1 REGALADO, Distinguish: COURT OF ORIGINAL JURISDICTION v. COURT OF APPELLATE JURISDICTION ORIGINAL COURT APPELLATE COURT Actions or proceedings are originally Has the power of review over the filed with it. decisions of the original court Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts are courts of original jurisdiction. The Regional Trial Court, Court of Appeals, and the Supreme Court are both courts of original and appellate jurisdiction. (RIANO, 2019, pp. 25-26) Distinguish: COURT OF GENERAL JURISDICTION v. COURT OF SPECIAL JURISDICTION COURTS OF GENERAL COURT OF SPECIAL JURISDICTION JURISDICTION Those with competence to decide on their Those which have jurisdiction only for own jurisdiction and take cognizance of alla particular purpose, or are clothed cases, whether civil and criminal, of a with special powers for the particular nature. performance of specified duties beyond which they have no authority of any kind. It has the competence to exercise These are tribunals exercising limited jurisdiction over cases not falling within jurisdiction over particular or the jurisdiction of any court, tribunal, specialized categories of actions: person, or body exercising judicial or quasi-judicial functions, i.e., the RTC. e.g., Family Courts, Commercial Courts, Court of Tax Appeals, Sandiganbayan. LECTURE NOTES No. 1 12  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H Distinguish: CONSTITUTIONAL COURT v. STATUTORY COURT CONSTITUTIONAL COURT STATUTORY COURT One created by a direct constitutional One created by a law other than the provision. constitution. In the Philippines, only the Supreme All courts in the Philippines, except the Court is a constitutional court. Supreme Court, are statutory courts. Distinguish: COURT OF LAW v. COURT OF EQUITY COURT OF LAW COURT OF EQUITY A court of law is any tribunal duly A court of equity is one when the administering the laws of the land. Court relaxes the strict application of the rules where strong considerations of justice are manifest. Philippine courts are both courts of law and equity. (US v. Tamparong, G.R. No. L-9527, Aug. 23, 1915) Distinguish. EQUITY v. EQUITY JURISDICTION EQUITY EQUITY JURISDICTION Equity is justice outside legality. Equity jurisdiction is the power of the court to resolve issues presented in a case, in accordance with the natural rules of fairness and justices, and in the absence of a clear positive law governing such issues and must always be anchored on the basic consideration that the same must be warranted by the circumstances obtaining in the case. WHEN EQUITY DOES NOT APPLY a. When there is a law applicable to a given case (Smith Bell Co. v. CA, 267 SCRA 530); b. When there is a judicial pronouncement available to the issue (RIANO, p. 17); or c. When the one seeking its active interposition has been guilty of unlawful or inequitable conduct in the matter with relation to which he seeks relief. (Manotok IV v. Heirs of Barque, G.R. Nos. 162335 & 16260 (Resolution), Dec. 18, 2008) CASE ILLUSTRATION: In the Enrile v. Sandiganbayan Case, the court, based on HUMANITARIAN REASONS, granted the prayer of Senator Juan Ponce Enrile for provisional liberty under bail even if he was charged of a crime punishable with Reclusion Perpetua to Death. Here, Enrile was charged with the crime of Plunder punishable under RA7080. Enrile, on his Motion to Fix Bail, prayed before the Supreme Court that his alleged age and voluntary surrender were mitigating and extenuating circumstances that would lower the penalty of reclusion LECTURE NOTES No. 1 13  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H perpetua to a bailable penalty of reclusion temporal. He further alleged that his age and physical condition indicated that he was not a flight risk. Define. PRINCIPLE OF JUDICIAL HIERARCHY Under the principle of hierarchy of courts, direct recourse to the Supreme Court is improper because this Court is a court of last resort and must remain to be so in order for it to satisfactorily perform its constitutional functions, thereby allowing it to devote its time and attention to matters within its exclusive jurisdiction and preventing the overcrowding of its docket. (Dy v. Bibat- Palamos, G.R. No. 196200, 2013) EXCEPTIONS: A direct invocation of the Supreme Court’s original jurisdiction to issue a writ of certiorari should be allowed only when there are special and important reasons, clearly and specifically set out in the petition. (First United v. Poro Point, GR No. 178799, 2009) These cases are: a) When special and important reasons are clearly stated in the petition; b) When dictated by public welfare and the advancement of public policy; c) When demanded by the broader interest of justice; d) When the challenged orders were patent nullities; e) When analogous exceptional and compelling circumstances called for and justified our immediate and direct handling of the case (for a-e, Republic v. Caguioa, G.R. No. 174385, 2013); f) When there are genuine issues of constitutionality that must be addressed at the most immediate time (The Diocese of Bacolod v. Commission on Elections, G.R. 205728, 2015); g) When the issues raised are of transcendental importance. (Rama v Moises, G.R. 197146, 2017) Define. DOCTRINE OF CHECKS AND BALANCES A system operating between and among the three branches of government the net effect of which is that no one department is able to act without the cooperation of at least one of the other departments. Examples: a. Legislation in the form of an enrolled bill needs final approval from the President to become a law; b. President must obtain the concurrence of Congress to complete certain acts (e.g. granting of amnesty); c. SC can declare acts of Congress or the Executive unconstitutional. Define. DOCTRINE OF STARE DECISIS The doctrine of stare decisis requires adherence to judicial precedents. It requires courts in a country to follow the rule established in a decision of the Supreme Court thereof. The doctrine of stare decisis is based on the principle that once a question of law has been examined and decided, it should be deemed settled and an closed to further argument. (Fermin v. People) LECTURE NOTES No. 1 14  CLJ311 – CRIMINAL PROCEDURE S.Y. 2024-2025 (FIRST SEMESTER)/ Prepared by: ATTY. A.Z.H Define: DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY As a rule, this principle holds that courts of equal and coordinate jurisdiction cannot interfere with each other’s orders. (Lapu-lapu Development and Housing Corp v. Group Management Corp, G.R. No. 141407, 2002). Example: A certain Regional Trial Court has no power or authority to nullify or enjoin the enforcement of a writ of possession, issuance of Warrant of Arrest and other issuances issued by another Regional Trial Court. (Suico Industrial Corporation v. Court of Appeals, G.R. No. 123050, 1999). Exceptions to the Doctrine: The doctrine of judicial stability does not apply: 1. Where a third-party claimant is involved (Santos v. Bayhon, G.R. No. 88643, 1991); 2. Execution through a separate action (Rule 39, Sec. 16); 3. Preliminary Attachment (Rule 57, Sec. 14); 4. Replevin, through intervention, since the main action is still pending (Rule 60, Sec. 7). --nothing follows-- LECTURE NOTES No. 1 15