Philippines Criminal Justice System Finals - PT1 PDF

FINALS DISCUSSIONS COURT  -- COURT PROCEEDING - A legal process publicly conducted in the court to hear and decide cases. - Involves presenting of evidences, testimonies/ documents, and then judgement whether guilty or not guilty.   CONDUCTED B...

FINALS DISCUSSIONS COURT  -- COURT PROCEEDING - A legal process publicly conducted in the court to hear and decide cases. - Involves presenting of evidences, testimonies/ documents, and then judgement whether guilty or not guilty.   CONDUCTED BEFORE THE COURT Which court? Where the C/ I was filed  Such is made in OPEN COURT ARRAIGNMEN a. Furnished a Copy of the C/ I. b. Reading the same in the T AND PLEA language or dialect known to him c. Asking him whether he pleads (C-R-A) guilty or not guilty. [BASICALLY, IT IS THE FORMAL READING OF THE ACCUSATIONS AGAINST THE  -- ARRAIGNMENT PLEA FORMAL RESPONSE ON THE OFFENSE CHARGED AGAINST FORMAL READING OF THTE HIM. OFFENSE CAHRGED AGAINST THE ACCUSED PLEA: GUILTY OR NOT GUILTY  -- WHEN IS PLEA NOT CONSIDERED “GUILTY”?  When the accused REFUSED TO PLEAD  Conditional Plea  Plead Guilty BUT presents an EXCULPATORY evidence  -- NOTE 1: Even if the person has plead Guilty but has defensive justifications= deemed not guilty. NOTE 2: The accused must be PRESENT at the Arraignment and must PERSONALLY ENTER his/ her PLEA MOTION TO QUASH- formal request made to a court to declare a specific legal proceeding invalid or void. It is filed when a party believes that the document or proceeding in question lacks legal sufficiency or validity.   SHALL BE HELD WITHIN 30 days after the arraignment  Such is made before the trial  proper Plea bargaining PRE TRIAL  Stipulation of facts  Marking for identification of evidence P-S-M-W-M-M  Waiver of objections to admissibility of evidence  Modification of the order of trial (if any possible changes is present)  Matters needed to be discussed and must be agreed upon  The accused shall have at least 15 days to prepare for trial  Held within 30 days after Pre trial TRIAL  Presentations of Evidence (both Prosecution and Defense) (P-D)  DIRECT CROSS  REDIRECT  RECROSS EXAMINATIONS  Case be submitted for the decision NOTE 3: If the accused AMDITTED THE ACT/ OM, but has a lawful defense= modification of trial (Self- defense cases)  Adjudication by the court that the accused is GUILTY OR NOT GUILTY. Imposition of penalty and civil liability if any  Written in official language and JUDGEMEN signed by the judge himself.  contains clear statement of facts T and law which the case is based. NOTE 3: If the accused AMDITTED THE ACT/ OM, but has a lawful defense= modification of trial (Self- defense cases)  -- JUDGEMENT MAY EITHER BE: CONVICTION ACQUITTAL  Offense charged  whether the  Aggravating/ evidence of the Mitigating Circ’s PROSE has failed to  Specific prove the guilt of participation of the the accused accused  Failed to prove  Penalty imposed beyond reasonable  Civil liability (if any) doubt  -- WHEN IS THE JUDGEMNT OF CONVICTION BECOMES FINAL??? Waiving of the The decision is after the lapse Accused applied accused to by the Supreme of 15 days for probation appeal court  -- NEW TRIAL AND MOTION FOR RECONSIDERATION NEW TRIAL MFR  Errors of law/  Error of law/ irregularities that irregularities in the could affect the judgement rights of the  No need for another accused proceeding  New evidence  Days of perfecting an found/ have been appeal is suspended discovered until made  New proceedings continued  Any party may appeal from the judgement/ final decision WHERE TO APPEAL? SC Cases decided by the CA APPEAL CA Cases decided by the lower court (RTC) RTC Cases decided by the lower courts (MTC)  -- --