The establishment of the supreme court of the Proc.

3 abolished 1973 consti and put in place provisional

Philippines freedom constitution (1987 constitution)

Malolos constitution (emilio Aguinaldo) 1935 copy ng 1987 constitution judicial power shall be vested in one
federal consti (us) supreme court and in such lower courts
defines concept of judicial power
1987 (supreme court) judicial power Supreme Court under the 1987 Constitution is composed
Vitto ndi pag approve of a Chief Justice and 14 Associate Justices
June 12, 1898 winagayway flag ng ph in kawit cavite The members of the Court are appointed by the
revolutionary power) President from a list prepared by the Judicial and Bar
Council of at least three nominees for every vacancy.
Separation of powers The intend is to “de-politicize” the courts of justice,
Executive ensure the choice of competent judges, and fill existing
Legislative vacancies without undue delay.
Judiciary
Depoliticize to remove the political character of : take out
of the realm of politics
Commonwealth 1935 constitution was ratified,
separation of powers was adopted according to actual
1987 Constitution Specific Safeguards on Independence
division of powers (executive, legislative, judicial)
of the Judiciary The grant to the Judiciary of fiscal
autonomy
Judicial power is vested in one supreme court composed
of (chief justice and 10 associate justices)
Fiscal autonomy is a guarantee given by the Constitution
to certain units of the government. intended as a
June 11, 1901 RA. 136
separation of powers and independence from political
An act providing for the organization of courts in the
agencies.
Philippine islands was passed establishing he supreme
court of the PH islands composed of chief justice and 6
The grant to the Chief Justice of authority to augment any
judges
item in the general appropriation law.
General order no 20 abolished the audiencia
Augment refers to a modification (increase/addition or
Supreme court decisions was a reflection of old Spanish
decrease/reduction) to an existing Collocation
system and anglo-american system
Arrangement. (changes to the space, cage, power, cross-
Transition from old to new
connect cabling)
SECOND REPUBLIC republic act 296 judiciary act of 1948
Grant to the Court of the power to appoint all officials
was enacted which supreme court could exercise
and employees of the Judiciary in accordance with the
exclusive jurisdiction to review on appeal.
Civil Service Law
1973 constitution declaration of martial law thru
The removal from the Commission of Appointments of
proclamation no.1081 in 1972
the power
Transition from 1935 to 1973
Increased members of supreme court w chief justice & 14
The removal from Congress of the power to reduce the
associate justice
compensation or salaries of the Justices and judges
Justice of court were recommended by president.

The prohibition against the removal of judges through

Revolutionary government binalik ito sa panahon ni
legislative reorganization. “(n)o law shall be passed
corazon aquino under proc. No 1 feb 25, 1986 abt
reorganizing the Judiciary when it undermines the
instruction for all appointive officials
security of tenure of its members
Security of tenure is a term used in political science to Level 2 more than 1 yr to 6 yrs, fine equals to 10 to 20
describe a constitutional or legal guarantee that a times (in multiple of 50 average daily income
political office-holder cannot be removed from office
except in exceptional and specified circumstances. Level 1 more than 10 days to 1 yr, fine equals to 10 times
average daily income or fine only
grant of sole authority to the Supreme Court to
promulgate rules Crimes against existence of the state (treason (s.31)
rebellion (s.32) coup d’eatat (s.33)
Promulgate means to formally proclaim or declare a new
statutory or administrative law Treason
a. During war time, renounce his allegiance to the
The prohibition against designating members of the state (punished w life imprisonment)
Judiciary to any agency performing quasi-judicial or b. Renounces allegiances to state by performing
administrative function an act w imminent threat (punished level 5)
Quasi-judicial a proceeding conducted by an c. Gathers transmits, distorts or loses information
administrative or executive official or organization that is or data respecting national defense (punished
similar to a court proceeding, e.g. a hearing conducted by level 5)
a human rights commission. d. Commits act which provokes war or expose
filipino reprisals (punished level 4)
The grant of administrative supervision over the lower
courts and its personnel in the Supreme Court. If the offender is a public officer of employee,
he shall be punished w penalty one level higher
TERMS USED IN CRIMINAL LAW than that provided.
THE CODE SHALL APPLY TO:
TERRITORIALITY crimes committed within the Rebellion participating, supporting, adhering to an
Philippines or against a government facility of the armed public uprising against gov.
Philippines a. Removal of the ph territory or any of its part
PROTECTION crimes committed outside the PH against (level 5)
any PH citizens. Punishable by level 4 if committed b. Causing the removal of any branch or unit of
against national security armed forces or other gov. (level 5)
NATIONALITY crimes committed outside the Philippines c. Depriving the chief executive, wholly or
by PH citizen partially, of any of his power (level 5)
UNIVERSALITY crimes committed against humanity and d. Inciting others to the execution of any act of
the nations rebellion (level 4)

PRINICIPAL PENALTY TERMS If a b and c is public officer or employee (life

imprisonment)
Life imprisonment not less than 30 years and not more
than 40 years with or wo parole, fine equals to 500 to Coup d’etat
1000 (multiple of 100) the average daily income. a. Any member of the armed forces or any other
gov. security forces or any public officer or
Level 5 more than 20 yrs to 30 yrs, fine equals to 100 to employee w or wo civilian support who attacks
500 (multiple of 100) average of daily income the duly constituted authorities (level 5)

Level 4 more than 12 yrs to 20 yrs, fine equals to 10 to 50

times (multiple of ten) average daily income

Level 3 more than 6 yrs to 12 yrs, fine equals to 10 to 50

times (multiple of 50 times) average daily income
Crimes affecting state functions Facilitating escape of detainee or inmate (s.38) person
Disrupting gov. proceedings & preventing attendance in who deliberately thru negligence help escape of detainee
such proceedings (s.34) any person who, thru force, or inmate (level imposable upon said detainee or
fraud, coercion, interrupts proceedings of gov. imposed upon said inmate) when committed by public
a. Session of congress of the ph/ meeting of any officer or employee (shall be punished higher level than
it’s committee (level 3) that imposable)
b. Prevents a member of congress from attending
sessions or meetings (level 2) Crimes involving graft and corruption
c. Prevents member of constitutional a. Constituting a crime in connection w the
commissions from attending meetings/sessions performance of his official duties in
(level 3) consideration of any offer, promise, gift,
d. Being public officer arrest or searches any present, received
member or congress while in session (level 3)
Corruption (s.39) public officer or employee who uses his
Assault upon authorities (s.35) or his agent perform public position for private interest (level 4)
official functions or any person coming to the aid (level b. Persuading another public officer or employee
3) to perform an act constituting a violation of
Person who incites another to commit the crime or rules & regulations duly promulgated by
assault as defined (level 2) competent authority
c. Directly or indirectly receiving any gift, present,
Disobedience to authorities (s.36) person who willfully share, percentage, or benefit or for any other
disobeys a person in authority perform official functions person.
(level 1) d. Any gov. permit or license, in consideration for
When act of disobedience endangers life or property help given or to be given.
(level 2) e. Any member of his family accept employment
in a private enterprise which has pending
Obstruction of justice (s.37) person who willfully official business
obstruct, impedes, frustrates or delays the apprehension f. Undue injury to any party, including the gov. or
of suspects or the investigation (level 3) giving private party any unwarranted benefits
a. Preventing witness from testifying g. Neglecting or refusing to act on any matter
b. Altering, destroying the evidence, documents pending before him for the purpose of
or objects obtaining, directly or indirectly, from any
c. Harboring or concealing the escape of person he person interested in the matter some pecuniary
knows or material benefit or advantage
d. Using false identity or falsified documents to h. Entering, on behalf of the Government, into any
conceal a crime. contract or transaction manifestly and grossly
e. Delaying the prosecution by obstructing the disadvantageous to the same
service of process or court orders i. having financial or pecuniary interest in any
f. Using any record with knowledge of falsity business, contract or transaction in connection
g. Agreeing to accept any benefit in consideration with which he intervenes or takes part in his
for abstaining from, discontinuing, or impeding official capacity
the legal proceedings j. Directly or indirectly performs acts to obtain
h. Threatening another, with the infliction of any interest in any transaction or act, for personal
wrong upon his person gain
i. Giving false or fabricated information to k. Approving or granting any license, permit,
mislead, prevent law enforcement franchise, concession, privilege or benefit in
favor of any person
l. Divulging valuable information of a confidential
character
 m. Receiving any personal pecuniary interest in any e. The right to be informed that he has the right to
specific business enterprise waive any of these rights provided the waiver is
n. Knowingly nominates or appoints to any public made freely and voluntarily
office any person lacking legal qualifications f. The right to be informed that he may indicated
therefor. in any manner and at any stage f the process
that he does not wish to be questioned
Malversation (s.40) accountable for public funds take or
misappropriate the same shall consent, thru Delay in turn over for inquest (s.45) any public officer or
abandonment or negligence, shall be guilty of employee who fails to deliver any detainee, lawfully
misappropriation such funds or property arrested wo the benefit of warrant of arrest
24 hrs for crimes or crime punished within levels 1,2,3
Technical malversation (s.41) any public fund or property 36 hrs for crimes punishable within level 4,5 and life
administration to any public use other than that for imprisonment shall be penalized within level 4.
which such fund or property was appropriated by law or
ordinance shall be penalized Delaying release (s.46) who unduly delays the
enforcement of a judicial or executive order or the
Infidelity in the custody of property and information
service of notice (level 4)
(s.42) any public officer or employee entrusted with the
custody of documents, info, papers, who:
Complicity in an organized crime group person who
a. Breaks the seal of paper (level 3)
organizes, maintains, utilizes (level 1) wo prejudice
b. Removes or destroys or conceals documents to
the damage of any person (level 4)
An organized crime group is an association of persons
c. Opens or permits to be opened, wo proper
that commits crimes for purposes of gain
authority (level 3)
d. Knowingly reveals any secret to him by reason of
COMPLICITY IN A PRIVATE ARMED GROUP group of 2 or
his official capacity or wrongfully deliver papers
more persons with legally issued or illegally possessed
(level 4)
firearm

Crimes involving abuse of authority Any person who organizes, maintains, or utilizes a private
Arbitrary restraint (s.43) any public officer or employee armed group (level 5) Member (level 4 wo prejudice)
who restrains or detains any person without legal
ILLEGAL ASSEMBLIES Any person conducting or
grounds administration to any public use other than that
attending a meeting, whether in a fixed place or moving,
for which such fund or property was appropriated by law
among armed persons for the purpose of committing
or ordinance shall be penalized (level 3)
acts (level 3) for the purpose of inciting the audience to
Violation of custodial investigation rights (s.44) commit treason, rebellion, or coup d' etat (level 4)
investigating officer who fails to inform any person
arrested, detained, or under custodial investigation of
the following rights (level 1) Alarms

Custodial investigation rights a. Unlawfully fighting another person to a fight where

a. The right to be informed of the charge against causing disturbance of peace.
him b. Uttering words producing an immediate violent or
b. The right to remain silent disorderly reaction in public.
c. The right to be informed that he may be assisted c. Uttering invectives breaching tranquility or causing
at all times by an independent and competent public disturbance.
attorney d. Uttering words in a public forum which encourages
d. Right to be informed that whether or not be has disobedience to the law or to duly constituted
an attorney authorities.
e. Willfully disturbing peace and order by maliciously 1. Whenever the rape is committed with the use of a
producing discordant noises. deadly weapon or by two or more persons;
f. Publicizing or causing to be publicized as news any false 2. the victim becomes insane;
information, knowing it to be false, which may cause 3. homicide is committed;
damage 4. When the victim is under eighteen (18) years of age
g. Lighting a firecracker or pyrotechnic device causing and the offender is a parent, ascendant, step-parent,
alarm among other persons or producing danger in guardian, relative
public. However, discharging of firearms and the use of 5. When the victim is under the custody of the police or
explosives causing alarm among other persons or military authorities or any law enforcement or penal
producing danger in public shall be punished within Level institution;
2. 6. When the rape is committed in full view of the spouse,
CRIMES AGAINST PERSON parent, any of the children or other relatives within the
Crimes affecting life and involving harm third civil degree of consanguinity;
Homicide any person who shall kill another wo lawful 7. When the victim is a religious engaged in legitimate
cause and not defined as murder level 4 An attempt to religious vocation
commit homicide level 3 Any person who act as an 8. When the victim is a child below seven (7) years old;
accessory to homicide level 2 9. offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)
Murder life imprisonment 10. When committed by any member of the Armed
1. With evident premeditation; Forces of the Philippines
2. Using means to weaken or avoid defense; 11. victim has suffered permanent physical mutilation or
3. Taking advantage of superior strength; disability;
4. Using a motor vehicle; 12. When the victim is pregnant at the time of the
5. On occasion of unforeseen events; commission of the crime;
6. By means of fire, poison, explosion, shipwreck, 13. When the victim is suffering from mental disability,
derailment of a train, stranding of a vessel, or fall of an emotional disorder
aircraft;
7. The victim is the offender’s natural or legal father or An attempt to commit rape under this sub-section shall
mother or child or his spouse; be punished within level 4. Any person who acts as
8. With cruelty by deliberately and inhumanly adding to accessory to rape under this sub-section shall be
the suffering of the victim; punished within level 4
9. For in consideration of prize, reward
Molestation person who shall commit an act that
Abortion person who terminates the pregnancy of any subjects or exposes another to unwanted or improper
other women wo her consent level 4. Termination wo sexual advances level 2. If the victim is child level 3.
violence and w consent level 3. Terminating pregnancy
by the woman herself level 2. The termination of the Physical assault without inflicting any physical injuries
pregnancy without violence by another person and level 1. result in physical injury the penalty shall depend
without her consent level 2. attempt to commit abortion on the extent of injury caused.
level 1. 1. If the injury incapacitates the victim from performing
his usual labor or requiring medical attendance for a
Reckless conduct causing death through reckless period not exceeding 9 days level 1.
imprudence level 3 2. requiring medical attendance for a period of at least 10
days and not exceeding 30 days level 2.
Rape through force, threat, or intimidation, under 12 yrs 3. victim lose any body part or its use, or incapacitates
of age level 5. An attempt to commit rape level 3. Person the victim from performing his usual labor or requiring
who acts as accessory level 3. medical attendance for a period exceeding 30 days the
level 3.
Rape (Aggravating Circumstances)
4. causes the victim to become insane, imbecile or Any person who, not being authorized by law, shall
impotent, level 3. enter the premises of another without permission or
Any person who acts as accessory to assault resulting in against the will of the lawful occupant shall be punished
physical injuries shall be punished within level 1
Trespassing is excused when the entry is made for the
Reckless conduct resulting to injuries causes the physical purpose of preventing some serious harm, or for the
injuries through negligence or by reason of inexcusable purpose of rendering some humanitarian service.
lack of precaution while performing a lawful act level 2.
Bigamy (Section 65) • Infidelity (Section 66)
CRIMES AGAINST LIBERTY & SECURITY Any legally married person who shall contract another
KIDNAPPING person who shall kidnap or detain another marriage shall be punished within level 3
without lawful cause level 5. Attempt to kidnap level 4.
Person who acts as accessory level 4. Any married person who shall have any sexual act with
a person other than the spouse shall be punished within
1. If the offender demands any money or other forms of level 2.
consideration
2. If the offender threatens to kill, injure to compel a third
party,
3. If the victim is a minor, a woman or a person deprived
of normal mental or physical abilities
4. If the duration of the detention lasted for more than
three days

An attempt to commit kidnapping under 59.2 level 5. Any

person who acts as accessory to kidnapping under 59.2
level 5.

1. Any person who shall obtain a search warrant without

just cause or with a misrepresentation level 1.
2. Any person who legally obtains a search warrant but
exceeds the authority level 1.
3. Any person who shall implement a search warrant and
conduct a search and seizure without the presence of the
lawful occupant level 2

Any person who shall threaten another with the

infliction of wrong or harm to the l atter's person,
family, honor or property, shall be punished

1. If the threat is subject to a condition or any monetary

consideration level 2;
2. Any person who threatens another to publish a libel
against the latter level 3.
3. If the threat is done using a weapon, level 1

Any person who shall compel another to perform an act

or to render service, except when authorized by law, or
prevent another from performing an act not otherwise
prohibited by law shall be accordingly punished