CLAW 1 |COURT PILLAR JUDICIAL POWER
Applies and Interprets the Law
The power to apply laws to contests or
disputes concerning legally recognized rights
or duties of and between the state and private
persons or between individual litigants in
cases properly brought before the judicial
tribunals.
Vested in one Supreme Court and such lower
courts.
The scope of Judicial Power
• To pass upon the validity or
constitutionality of the law of the state and
the acts of other branches and department
of governments;
• To interpret and construe them;
• To render authoritative judgments; and
• It also includes the incidental powers
necessary to the effective discharge of the
COURT judicial functions such as the power to
As the third pillar, COURT is said to be the punish adjudge in contempt and issue
Centerpiece of the criminal justice system. warrant of arrest after due process has
been observed.
The court plays a dual role in the Philippine
Criminal Justice System – as participants and JURISDICTION
supervisor of the latter’s process and
dispensation. Derived from the Latin word “juris” and
• In its role as participants, the courts “dico” meaning I speak by the law
determines for guilt or innocence of The power and authority of a court to hear, try
the accused. The court is responsible and decide cases.
for the trial process. KINDS OF JURISDICTION
• As supervisor, the court acts as GENERAL - when the court is empowered to
important guardian of human rights decide all disputes which may come before it
except those assigned to other courts.
COURT AND JUDGE LIMITED - when the court has the authority to
COURT - Incorporeal Entity, composed of 1 or hear and determine only a few specified
more judges and composed of 1 or more cases.
judges ORIGINAL - when the court can try and hear
a case presented for the first time.
JUDGE - Single Entity, indispensable part of APPELLATE - when the court can try and
the court and can exist w/o a court hear a case already heard and decided by a
lower court, removed from the latter by
JUDICIARY
appeal.
It is the branch of the government which is EXCLUSIVE - when the court can try and
vested with judicial power.
decide a case which cannot be presented
It is a branch of the government which is before any other court.
empowered to interpret, construe and apply CONCURRENT - when any of two or more
the laws. courts may take cognizance of a case.
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CRIMINAL - Jurisdiction to try a case where comprised within a municipal area and a
there is punishment or penalty provided by the municipal circuit.
law.
CIVIL - Jurisdiction that exist when the subject SHARI’A COURTS
matter is not of criminal nature. The Shari’a Courts are equivalent to Regional
Trial Courts but are found in some provinces
JUDICIAL HIERARCHY IN THE in Mindanao where the Muslim Code on
PHILIPPINES Personal Laws is enforced.
SANDIGANBAYAN
Created under Presidential Degree No. 1606
pursuant to Section 5, Article XIII of the 1973
Constitution, is a special court which has
jurisdiction over criminal and civil cases
involving graft and corrupt practices and other
offenses committed by public officers and
employees in relation to their offices.
The court organization includes the following:
FIVE MAIN STAGES OF THE PROCEEDING:
SUPREME COURT
Supreme Court often referred to as the “Court ARRAIGNMENT
of Last Resort”. It renders final judgment on Formal reading of the charges before the
constitutional and other important issues and accused in an open court and asking him
questions of law. whether he pleads guilty or not guilty as
charged. Plea is the answer given by the
accused during arraignment.
COURT OF APPEALS
This court generally exercise appellate PRE-TRIAL
jurisdiction over decisions of inferior courts not a mandatory conference/meeting in a criminal
otherwise falling within the Appellate proceeding called by the judge requiring the
jurisdiction of the Supreme Court. presence of both party. Its purpose is to
expedite the trial of the case.
REGIONAL TRIAL COURT TRIAL
It exercise exclusive original jurisdiction in civil is the examination before a competent tribunal
cases as prescribes in Sec. 19 Chapter II of of the facts put in issue in a case.
the Batas Pambansa 129(Judiciary Act of JUDGEMENT
1980) and in criminal cases not within the the adjudication by the court that the accused
exclusive and concurrent jurisdiction of the is guilty or not guilty of the offense charged
Sandiganbayan. and the imposition of the proper penalty and
civil liability, if any. It must be written in the
METROPOLITAN TRIAL COURTS, official language, personally and directly
MUNICIPAL CIRCUIT TRIAL COURTS AND prepared by the judge and subscribed by him.
MUNICIPAL TRIAL COURT It shall contain clearly and distinctively a
A Metropolitan Trial Court is created in each statement of the facts and the laws upon
metropolitan area established by law. A which it is based. It can either be a Judgment
Municipal Circuit Trial Court is established in of Conviction or Judgment of Acquittal.
each area defined as a municipal circuit, APPEAL
comprising of one or more cities and/or more is the elevation by an aggrieved party or any
municipalities. A Municipal Trial Court is decision order or award of a lower court to a
created in each of the Municipalities that are higher body, by means of document which
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includes the assignment of errors, THE TRIAL ORDER
memorandum of arguments in support
The trial shall proceed in the following
thereof, and the reliefs prayed for.
order:
• (a) The prosecution shall present evidence to
FIVE MAIN STAGES OF THE PROCEEDING
prove the charge and, in the proper case, the
civil liability.
ARRAIGNMENT
• (b) The accused may present evidence to
Arraignment is the stage where the issues are prove his defense and damages, if any,
joined in criminal action and without which the arising from the issuance of a provisional
proceedings cannot advance further or, if held, remedy in the case.
will otherwise be void.
• (c) The prosecution and the defense may, in
It is the stage of the proceedings whereby the that order, present rebuttal and sur-rebuttal
accused shall be informed of his/her constitutional evidence unless the court, in furtherance of
right to be (officially) informed of the nature and justice, permits them to present additional
the cause of the accusation against him/her and evidence bearing upon the main issue.
to ask him/her of his/her plea.
• (d) Upon admission of the evidence of the
parties, the case shall be deemed submitted
for decision unless the court directs them to
NOTA BENE : If the accused refuse to plea argue orally or to submit written memoranda.
during arraignment, the judge or clerk of court will
accept it ,and will have a plea of not guilty for the • (e) When the accused admits the act or
accused omission charged in the complaint or
information but interposes a lawful defense,
the order of trial may be modified (Sec.11,
PRE-TRIAL Rule 119).
• Plea bargaining;
• Stipulation of facts; JUDGMENT
• Marking for identification of evidence of the It is the adjudication by the court that the accused
parties; is guilty or not of the offense charged and the
imposition on him of the proper penalty and civil
• Waiver of objections to admissibility of liability, if any. It must be written in the official
evidence; language, personally and directly prepared by the
judge and signed by him and shall contain clearly
• Modification for the order of trial if the accused
and distinctly a statement of the facts and the law
admits the charge but interposes a lawful
upon which is based.
defense; and
RENDITION OF JUDGMENT - the writing of the
• Such matters as will promote a fair and
judgment by the judge.
expeditious trial of the criminal and civil
aspects of the case. PROMULGATION OF JUDGMENT - the reading
of the judgment/ the official proclamation or
Then the trial proper comes. The parties shall
announcement of the decision of the court
be notified before the date of trial. Trial once
(Agpalo, 2004)
commenced shall continue from day to day as
far as practicable until terminated; but for By reading in the presence of the accused
cause, it may be postponed for a reasonable and any judge of the court in which it was
period of time (Section 2 Rule 119). rendered.
If the judge is absent, the judgment may be
promulgated by the clerk of court.
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CONTENTS OF JUDGMENT PREPONDERANCE OF EVIDENCE
• Judgment of Conviction
WEIGTH OF EVIDENCE
• When the judge finds the accused guilty of the NEEDED IN CIVIL CASE
charges against him.
• The legal qualification of the offense
constituted by the acts committed by the
accused and the aggravating or mitigating PROOF BEYOND REASONABLE DOUBT
circumstances which attended its commission.
WEIGTH OF EVIDENCE
• The participation of the accused in the NEEDED IN CRIMINAL CASE
offense, whether as principal, accomplice or
accessory after the fact.
• The penalty imposed upon the accused MIRANDA RIGHTS
• The civil liability or damages caused by his
wrongful act or omission to be recovered from ENGLISH
the accused by the offended party unless the
enforcement of the civil liability has been You have the right to remain silent.
reserved or waived. Anything you say can and will be used against
you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be
JUDGMENT OF ACQUITTAL
provided for you.
• When the judge finds the accused not guilty of
TAGALOG
the charges against him.
Ikaw ay may karapatang manahimik o
• Shall state whether the evidence of the
magsawalang kibo.
prosecution absolutely failed to prove the guilt
Anuman ang iyong sasabihin ay maaaring
of the accused or merely failed to prove his
gamitin pabor o laban sa iyo sa anumang
guilt beyond reasonable doubt.
hukuman.
Ikaw ay mayroon ding karapatang kumuha ng
tagapagtanggol na iyong pinili at kung wala
NEW TRIAL OR RECONSIDERATION kang kakayahan, ito ay ipagkakaloob sa iyo
At any time before a judgment of conviction ng pamahalaan.
becomes final, the court may, no motion of the Nauunawaan mo ba ito?
accused or at its own instance but with the
consent of the accused, grant a new trial or
reconsideration Rule (Sec. 1, 121).
APPEAL
The accused may appeal within 15 days from the
promulgation or notice of the decision appealed
from (Sec. 6, Rule122).
REGLAMENTARY PERIOD
The reglamentary period for perfecting
an appel should be within 15 days after
the promulgation of judgment
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