Court Pillar

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Court

3rd Pillar or Core of the Criminal Justice System


Court

weighs whether an given the sole power


accused is guilty or to issue warrant of
not guilty arrest and search
warrant
ARRAIGNMENT Stages:
1. reading to the accused in open court of the
The stage in court proceedings wherein complaint or information charging him for an
the clerk of the court will read the nature offense
of the charge/s against the accused in the 2. delivering to the accused a copy of a
language or dialect that he/she can complaint or information
understand and then he/she is required 3. asking him whether the accused pleads
to enter a plea of guilty or not guilty guilty or not guilty as charged
Grounds
Motion to quash - Facts charge does not
constitute an offense
- court has no jurisdiction
Move or motion to set aside;
over the offense charged
annulment made by an
- does not conform with
accused of a criminal the substantial format
complaint against him/her at - more than one offense is
any time before he/she pleads charged
- accused has been
previously convicted of
the offense charged
PRE-TRIAL Order of pre-trial
- Plea bargaining
- Stipulation of facts
The conference before trial agreed
- Marking for identification of evidence of the
upon by the accused and counsel
parties
together with the prosecutor
- Waiver of objections to admissibility of
conducted by the court on matters to evidence
expedite the trial - Modification of the order of trial if the
accused admits the charge but interposes a
lawful defense
- Other matters that will promote a fair and
expeditious trial
TRIAL Presentation of witnesses

the examination before the competent Direct examination


tribunal according to the laws of the Cross examination
land, of the facts in issue in a case, for the Re-direct examination
purpose of determining such issue
Re-cross examination
TRIAL PROCEDURE
1) prosecution shall present evidence to prove the
charge;
2) the accused may present evidence to prove his
defense;
3) the prosecution and the defense may, in that
order present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice
permits them to present additional evidence
4) upon admission of the evidence of the parties,
the case shall be deemed submitted for
decision
Defenses against Criminal
charges
 The DEFENSE OF ALIBI
 The DEFENSE OF INSANITY
 The DEFENSE OF INSTIGATION
 The DEFENSE OF DURESS
 The DEFENSE OF CONSENT
 The DEFENSE OF VIOLATION OF THE PROVISIONS OF THE BILL
OF RIGHTS
Defenses against Criminal charges
The DEFENSE OF ALIBI The DEFENSE OF INSANITY

a claim that he/she was a claim that the defendant


should be exonerated from
in other place when the
the criminal responsibility
crime occurred and because she/he was (or is)
therefore could not have suffering form a mental
committed it condition or mental
incapacitation
Defenses against Criminal charges
The DEFENSE OF INSTIGATION The DEFENSE OF DURESS

The defendant can establish that claim that the act was the
he/she would not have result, not of any intent on
committed the crime were it not
the part of the accused, but
for the encouragement or
compulsion of law enforcement of threats of loss of life, limb
agents. or a loved one
Defenses against Criminal charges
The DEFENSE OF VIOLATION
The DEFENSE OF CONSENT
OF THE PROVISIONS OF THE
defense that the victim BILL OF RIGHTS

consented to the act Defense is invoked if


the state or its
for which the accused agents violated the
stands charged right of the defendant
in obtaining evidence
to prove the latter’s
guilt
Judgment Promulgation of judgment

is the adjudication by the court that The process of reading the


the accused is guilty or not guilty of
judgment in the presence of the
the offense charged and the
imposition of on him of the proper accuse and the judge of the
penalty and civil liability, if any court in which it was rendered
WHERE TO APPEAL?
Appeal
RTC – cases decided by
the legal remedy whereby a the MeTC, MeCTC, MTC
party seeks for review by a and MCTC
superior court of the judgment CA and SC – cases decided
rendered by the trial court by RTC
SC – cases decided by the
CA
COURT SYSTEM
Accusatory Inquisitorial system
-Adversarial system-
the accused is presumed guilty
the accused is presumed
innocent the accuse assumes the burden
of proving his innocence or
refuting prima facie case
burden of proving guilt rest
upon the prosecution
VENUE JURISDICTION

place or court where power or authority of


the case is to be heard the court to hear and
or decided determine a case
Classification of JURISDICTION

-General-
-Criminal jurisdiction-
-Specific/limited-
-Original- -Civil jurisdiction-
-Appellate -
-Exclusive- -Territorial jurisdiction-

-Concurrent-
Classification of JURISDICTION

-General- -Specific/Limited-

power to adjudicate all restricted to particular case


controversies EXCEPT those and subject to such
expressly withheld from the limitations as maybe
plenary powers of the court provided by the governing law
Classification of JURISDICTION

-Original- -Appellate -

power of the court to take authority of a court higher in rank


to reexamine the final order or
judicial cognizance of a case
judgment of a lower court which
instituted for judicial action tried the case now elevated for
for the first time. judicial review.
Classification of JURISDICTION

-Exclusive- -Concurrent-
confluent or coordinate jurisdiction;
power to adjudicate a case or
proceeding to the exclusion of power conferred upon different
all other courts at that stage. courts, whether of the same or
different ranks, to take
cognizance at the same state of
the same case
Supreme Court

Court of Appeals Sandiganbayan

Court of Tax Regional Trial Shari’a


Appeals Court District Court

Municipal Municipal
Municipal Metropolitan Shari’a Circuit
Trial Courts in Circuit Trial
Trial Courts Trial Courts Courts
Cities Courts
Supreme Court
HISTORY
1973 Constitution
Administrative
Highest Court in the June 11, 1901 Supervision over all
Philippines Act 136 (Judiciary Law) lower Courts
Reaffirmed by Philippine 1 Chief Justice
Bill of 1902 14 Associate
Composition: with Justices
1 Chief Justice
1 Chief Justice
8 Associate Justices
14 Associate Justices
1987
May 14, 1935 (1935 Constitution
Constitution)
1 Chief Justice Present time
10 Associate Justices
Court of Appeals
February 1, 1936 March 1938
Justice Pedro Conception as the first Commonwealth Act 259
presiding judge with 10 Appellate
judges  appellate judges were named JUSTICES

Exclusive appellate jurisdiction of all  additional number of 4


cases not falling under the original
and exclusive jurisdiction of the SC
 with 3 divisions
Court of Appeals
December 24, 1941 March 1945
Executive Order 395 Executive Order 37

Increased membership President Sergio Osmena


from 15 justices Abolished the Court of appeals
to
19 Justices

1941-1944
Japanese occupation
Court of Appeals
October 4, 1946 August 23, 1956
Republic Act 52 Republic Act 1605

 recreating the court of Appeals


 1 presiding judge and 14 associate Expanded its
justices
 5 divisions with 3 justices each
membership to 18
justices
Court of Appeals
June 15, 1968 June 10, 1978
Republic Act 5204 Presidential Decree 1482

from 18 justices it hiked Due to unabated swelling of its


docket it expanded to much
to 24 justices bigger court of 45 justices
Court of Appeals
January 17, 1983 July 28, 1986
Executive Order 864 Executive Order 33
Judiciary Reorganization of Pres. Pres. Aquino
Marcos
 Restore its name
Renamed to Intermediate Appellate  1 presiding justice and 50 associate
Court and increasing its membership justices
to 51 justices
Court of Appeals
February 23, 1995 December 30, 1996
Republic Act 7902 Republic Act 8246
 created 6 more divisions
 3 for Visayas and 3 for Mindanao
Expanding the court  51 to 69 justices
jurisdiction which took  1 Presiding Justice
68 Associate Justices
effect March 18, 1995  all appointed by the President
Sandiganbayan

Presidential Decree 1606 Presidential Decree 10660

5 divisions with three Justices each expanded into


 1st to 3rd in Metro Manila
 4th in Cebu City
seven divisions
 5th in Cagayan De Oro City
COURT OF TAX APPEALS

Hukuman ng Paghahabol
sa buwis ng Pilipinas
Special court of limited
jurisdiction with same level of
Agham Road, Court of Appeals
Diliman, Quezon
City in Metro Manila 1 presiding Justice
8 associate justices
COURT OF TAX APPEALS

June 16, 1954 April 23, 2004


Republic Act 1125 Republic Act 9282

 it became an appellate court


3 judges with Mariano
 equal to the rank of court of
Nable as the first presiding appeals
Judge  headed by 1 Presiding justice and
5 associate justices
COURT OF TAX APPEALS

June 12, 2008 Add ons


Republic Act Number 9503  jurisdiction of RTC on matters of
July 5, 2008 criminal violation and collection of
revenues under NIRC and tariff and
customs code
 enlarge the organizational structure
 acquired jurisdiction over cases
 creating the 3rd division with 3 involving local and real property
additional justices taxes(RTC and CA before)
 under the supervision of the SC
COURT OF TAX APPEALS

 Republic Act 1125


as special court with limited jurisdiction
 Republic Act 9282
Expanded the jurisdiction and elevating its level and enlarging its
membership
1 Presiding Judge
5 Associate Justices
 RA 9503
JUNE 12, 2008 - JULY 5, 2008
1 PRESIDING Judge and 8 Associate Justices
Supreme Court

Court of Tax Appeals Court of Appeals Sandiganbayan

Regional Trial Court Shari’a District Court

Municipal Municipal
Municipal Metropolitan Shari’a Circuit
Trial Courts in Circuit Trial
Trial Courts Trial Courts Courts
Cities Courts
Regional Trial Court
Municipal Courts

MUNICIPAL TRIAL COURT


If it covers only one
 it was established among the municipality
13 regions in the Philippines
consisting; Regions 1 to XII
and the NCR MUNICIPAL CIRCUIT TRAIL
 Republic Act 8369 COURT
Family Courts Act of 1997 If it covers two or more
Granting exclusive original municipalities
jurisdiction over child and
family cases METROPOLITAN TRIAL COURTS
Towns and cities in Metro Manila
Outside
MUNICIPAL TRIAL COURTS IN
CITIES
Shari’a CourtS
February 4, 1977
Presidential Decree 1083  Creates the Shari’a District court and
Code of Muslim Personal Laws Shari’a Circuit Courts
 to consider the customs, traditions,
beliefs and interest of NATIONAL
Limited and special jurisdiction cultural minorities in formulations and
to hear and decide cases for implementation of state policies
Muslims.
Shari’a CourtS
Shari’a DiStriCt Court

equivalent to the RTC


 has appellate jurisdiction
Presidential Decree 1083
 specified Regions in Mindanao
 enforces Code of Muslim Penal Laws
Shari’a CourtS
Shari’a CirCuit Court
 civil suits
 equivalent to MCTC  marriage disputes
 PD 1083  divorce
 customary dower
 Code of Muslim Personal
 disposition and distribution of
Laws of the Philippines property upon divorce
 maintenance and support
 consolatory gift
 restitution of marital rights
Shari’a CourtS
5 special Districts
District Number Jurisdiction
1st 6 Sulu
2nd 8 Tawi-tawi
10 Basilan, Zamboanga Sur and del Norte,
3rd Dipolog and Zamboanga
4th 12 Lanao del norte and Sur, Iligan and Marawi
15 Maguindanao, North Cotabato and City, Sultan
5th Kudarat
Shari’a CourtS
Litigation process
Judges must be
 filing of compliant
• 25 years of age
 service of summons to the
respondent • natural born Filipino Citizen
 respondent will be given • Must have passed the
time to file an answer examination in Sharia and Islamic
 pre-trial conference jurisprudence given by SC
 formal hearing
*if amicable settlement is not reached during
pre-trial

 issuance of judgment or
decision of the case
Shari’a CourtS
1989
Republic Act 6734  recognized and secured the
continued existence of the two
An act providing for an organic Sharia trial courts it also
Act for the Autonomous region expanded them
in Muslim Mindanao  creation of Sharia
Appellate Court
Shari’a CourtS
Sharia Appellate Court Qualification
 same qualifications as those
1 presiding justice and of the justices of the SC
 judge of the lower court for
2 associate justice 15 years
 40 years of age
Supreme Court

Court of Shari’a
Court of Tax Sandiganbayan Appellate
Appeals Appeals Court

Regional Trial
Shari’a District
Court
Court

Municipal
Municipal Trial Municipal Metropolitan
Circuit Trial Shari’a Circuit Courts
Courts in Cities Trial Courts Trial Courts
Courts
Court process
• Complete control over the case
• Issuance of warrant of arrest
• Motion to quash
• Arraignment and Plea
• Pre-trial
• Trial
• Judgment
• New trial or reconsiderations
• Appeal
• Finality of judgment

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