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Cjs Third Pillar, Court

The document discusses key aspects of the Philippine court system and criminal procedure. It outlines the different court levels in the Philippines, from the Supreme Court down to municipal trial courts. It also covers important criminal law concepts like jurisdiction, bail, arraignment, pleas, trial procedure, judgments, and appeals. The functions of the courts are described as keeping the peace, deciding controversies, and having an administrative role.

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Sevilla Joenard
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340 views6 pages

Cjs Third Pillar, Court

The document discusses key aspects of the Philippine court system and criminal procedure. It outlines the different court levels in the Philippines, from the Supreme Court down to municipal trial courts. It also covers important criminal law concepts like jurisdiction, bail, arraignment, pleas, trial procedure, judgments, and appeals. The functions of the courts are described as keeping the peace, deciding controversies, and having an administrative role.

Uploaded by

Sevilla Joenard
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter 4

Third Pillar COURT

Function of the court

-keeping the peace

-deciding controversies

-administrative role

Different Judicial Court in the Philippines

-The Supreme Court

-Court of Appeals

-Court of Tax Appeals

-Sandiganbayan

-Regional Trial Court

-Municipal Trial Court

-Family Court

-Shari’a Court

Requisites for Valid Exercise of Criminal Jurisdiction

-Jurisdiction over the subject matter

-Jurisdiction over the territory

-Jurisdiction over the person of the accused

Determination of Criminal Jurisdiction

-Determined by the allegations in the complaint/information

-Determined by the nature of offense/penalty attached


-Determined by the law in force at the time of the institution

Bail where to file;

-while the court where the case is pending

-where the grant of bail is a matter of discretion

-any person in custody who is not yet charge in court

Bail to where a right; exception

-before/after conviction

-before conviction

Bail, when discretionary

-upon conviction by the Regional Trial Court of an offense not punishable by death

Bail is denied in the following circumstances

-before conviction by the RTC of an offense punishable by death

-after conviction by the RTC and penalty imposed is death

-after conviction by the RTC if the penalty imposed exceed 6 years

Forfeiture of bail

-produce the body of their principal

-explain why the accused did not appear before the court when first required

Constitutional Principles on bail

-the general rule that all person, shall before conviction be bailable for sufficient sureties
-the principle that suspension of the privilege of the writ of habeas corpus

-the principle that excessive bail shall not be required

Ow arraignment and Plea made?

-The accused must be arraigned before the court where the complaint/information was filed/assigned
for trial

-The accused must be present at the arraignment

-When the accused refuses to plead

-When the accused pleads guilty but presents exculpatory evidence

-When the accused is under preventive detention

-The private offended party shall be required to appear at the arraignment

-Unless a shorter period is provided by special law

Court- a government body officially assembled under the authority of law

Judicial power- shall be vested in one Supreme Court and in such other court as may be established by
law

Criminal Jurisdiction- the authority to hear and try a particular offense

Bail-as the security given for the release of a person in custody of the law

Cancellation of bail- the cancellation shall be without prejudice to any liability on the bail

Plea of guilty to a lesser offense

-The accused with the consent of the offended party


Plea of guilty to capital offense

-The court shall conduct a searching inquiry into the voluntariness

Plea of guilty to non-capital offense

-The court may receive evidence from the parties to determine the penalty to be imposed

Motion to Quash

-At any time entering his plea, the accused may more to quash the complaint/information

The significance of the pre-trial order

-Bind the parties

-Control the course of the proceedings during the trial

Trial-after a plea of not guilty is entered, the accused shall have at least fifteen days to prepare for trial

Order to trial

-The prosecution shall present the evidence to prove the charge

-The accused may present evidence to prove his defense

-The prosecution and the defense may in that order present rebuttal

-Upon admission of the evidence of the parties

-When the accused admits the act

Judgement- the adjudication by the court that the accused is guilty or not guilty of the offense charge
Content of the Judgement

-The legal qualification of the offense

-The participation of the accused in the offense

-The penalty imposed upon the accused

-The civil liability

Promulgation of judgement

-by reading it in the presence of the accused and judge of the court

Ground for new trial

-errors of law

-new and material evidence

Ground for Reconsideration

-The court shall grant reconsideration on the ground of errors of laws/fact in the judgement

Effects of granting a new trial reconsideration

-When a new trial is granted on the ground of errors of law

-When a new trial is granted on the ground of newly-discovered evidence

-In all cases, when the court grants new trial/reconsideration

Appeal- any party may appeal from a judgement/final order, unless the accused will be placed in double
jeopardy

Where to appeal

-to the regional trial court


-to the court of appeals in proper cases provided by law

-to the supreme court

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