CLJ-1 MIDTERM WEEK 1 DISCUSSION

SPECIAL COURTS

Sandiganbayan – created under PD 1606

- Its rank or level is equal to that of the court of appeals and court of tax appeal
- It is composed of a Presiding Justice and 14 Associate Justices
- This special court is tasked to handle criminal cases involving graft and corruption and other
offenses committed by high – ranking public officers and employees in connection with the
performance of their functions.
- It has original exclusive jurisdiction over public officers accused of committing crimes in relation to
their official functions and whose salary grade is 27 and above.

Court of Tax Appeal (CTA) – created by RA 1125, as amended by RA 9282.

- Its rank or level is equal to that of the court of appeals and Sandiganbayan.
- It is composed of presiding Justice and 5 Associate Justices.
- It has both the original and appellate jurisdictions over civil and criminal tax cases involving the
national internal revenue code, tariff and customs code and the local government assessment
code.

Shari’a Courts – created pursuant to PD 1083, otherwise known as the code of Muslim Personal
Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain to family rights and duties as well as
contractual relations of Filipino Muslims. And decisions rendered by the Shari’a District are final.

JUDICIAL AND BAR COUNCIL (JBC) – the JBC is a body created by the Phil. Constitution
under the supervision of the Supreme Court. It has the principal function of recommending appointees to
the judiciary. All justices and judges are appointed by the President from a list of at least three (3)
nominees prepared by the Judicial and Bar Council.

CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts.
- Arraignment
- Pre – trial
- Trial
- Judgement
- Appeal

FIRST STAGE: ARRAIGNMENT – the reading of the criminal complaint or information to the
defendant, by the judge or clerk of court, and the delivering to him a copy thereof, including a list of
witnesses, and asking him whether he pleads guilty or not guilty as charged.
 - The stage where the accused is formally informed of the charges against him by reading before
him the information or criminal complaint and asking him whether he pleads guilty or not guilty as
charged.
- The stage where the issues are joined in criminal action and without which the proceedings
cannot advance further.
- Requires that the accused by personally or physically present in court.

PLEA – is the response of the accused when asked whether he is guilty or not guilty of the offense
charged. It is of two kinds; (1) guilty plea, which must be unconditional and (2) not guilty.

SECOND STAGE: PRE – TRIAL – a conference by the judge that requires the presence of both
the prosecution and the accused before the beginning of a trial. Mandatory in all criminal cases.
The following are to be taken up during the conference:
- Plea bargaining
- Stipulation of facts
- Marking for identification of evidence of the parties
- Waiver of objections to admissibility of evidence
- Modification of the order of trail if the accused admits the charge but interposes a lawful defense
- Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of
the case.

PLEA BARGAINING – the process whereby the accused, the offended party and the prosecution
work out a mutually satisfactory disposition of the case subject to court approval.

STAGE THREE: TRIAL – is the examination before a competent tribunal, according to the laws of
the land, of the facts put in issue in a case, for the purpose of determining such issue. It is the period for
the introduction of evidence by both parties.
- The period for the introduction of evidence by both parties.
- It shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the
Supreme Court.

FOURTH STAGE: JUDGEMENT – the adjudication by the court that the accused is guilty or not
guilty of the offense charged and the imposition of the proper penalty and civil liability.
- Defined as the decision or sentence of the given by a court as the result of proceedings instituted
therein

Judgment of Conviction – if the judge finds the accused guilty of the charges against him.
Judgment of Acquittal – if the judge finds the accused not guilty of the charges against him.
Promulgation of Judgment – is an official proclamation or announcement of the decision of the court.
The judgment is promulgated by reading in the presence of the accused and any judge of the court in
which it was rendered.

A judgment is become final (within 15days)

- When the period for perfecting appeal an appeal has lapsed

- When the sentence is partially or totally satisfied or served
- When the accused expressly waives in writing his right to appeal
- When the accused applies for probation.

FIFTH STAGE: APPEAL – the elevation by an aggrieved party of any decision, order or reward of a
lower body to a higher body, by means of a document which includes the assignment of errors,
memorandum of arguments in support thereof, and the reliefs prayed for.
 - An appeal must be within 15 days from promulgation of judgment, the period for perfecting an
appeal
- The accused may or may not appeal his case
- When the accused decides not to appeal his case, the decision becomes final and executory
- On appeal, the state is represented by the Solicitor General

FOURTH PILLAT: CORRECTIONS – is the fourth components of the CJS. It is the branch of
administration of criminal justice charged with the responsibility for the custody, supervision, rehabilitation
of convicted offenders. It also deals with punishment, treatment and incarceration of offenders.
- It is composed of the institutional and non – institutional agencies of the government.

Penology – a branch of criminology which deals with the treatment, management and administration of
inmates
Purposes/ Objectives of Modern Corrections
1. Retribution – imprisonment is supposed to be the payment of the offender to the victim or the
victim’s family for the crime he committed against him or them.
2. Deterrence – imprisonment is supposed to discourage convicted offenders from committing
crimes again because of their experience in the prison or jail. At the same time, imprisonment is
supposed to discourage.
3. Isolation – convicted offenders are separated from society to prevent them from committing
another crime.
- At the same time, imprisonment protects law – abiding citizens from the harm criminals may inflict
on them.
4. Reformation – this involves the use of punitive and disciplinary measures such as solitary
confinement to modify or reform criminal behavior whose conduct and department is not totally
responding to rehabilitation programs
5. Rehabilitation – based on the premise that through correctional intervention, such as
educational and vocational training and psychotherapeutic programs, an offender may be
charged.
6. Reintegration – the effort of correction to change criminal behavior, should result in a situation
and ability on the part of the penitent offender to return to society in some productive and
meaningful capacity in a free community.