CHAPTER 03: THE COURT PILLAR

I. LEARNING OUTCOME:
At the end of the chapter, the students will be able to:
1. Understand the role and function of the court in the Criminal Justice System;
2. Identify the regular and special courts in the Philippines;
3. Familiarize themselves with the stages of the trial

II. LESSON CONTENT:

TOPIC 1: The Court: The Center Pillar
Topic 2: Organization of Court
Topic 3: Types of Court Jurisdiction
Topic 4: Stages of Trial

III. LESSON PROPER

TOPIC 01: The Court: The Center Pillar

The court is the center pillar of the criminal justice system. The court is involved
in securing the efficacy, efficiency and fairness in the administration of the criminal
justice. The judicial bodies manage by judges handle the most sensitive part of the
criminal justice process. It determines the innocence or guilt of the guilt of the accused
through a balance of the antecedents of the case.
It is the most sensitive phase of the criminal justice system where fair and open
trial is conducted. It is the forum where the prosecution is given the opportunity to prove
that there is a strong evidence of guilt against the accused. The determination of the
guilt or innocence of the accused is vested upon the courts of law, which is presided
over by our judges and justices.

COURT

 It is a body to which the public administration of justice is delegated. It is a

tribunal assembled under authority of law at the appropriate time and place for
the administration of justice thru which the government enforces its sovereign
rights and powers.
 The court is an entity or body in which a portion of judicial power is vested.
 It is an entity of the government organized for the proper administration of justice
at the time and place prescribed by law.
 It is situated between the prosecution and correction; the court is the centerpiece
of the five pillars in the Criminal Justice System.
  It is an organ of the government belongings to the judicial department whose
function is the application of the laws to controversies brought before it and the
public administration of justice.

THE CONCEPT OF JUSTICE ADMINISTRATION:

Administration of justice is the process of determining the relevant facts as
a case and then applying the law to the facts of such case for the purpose of resolving a
controversy. By definition, justice determination – involves two things:
1. The ascertainment of determination of the relevant facts of a controversy.
2. The application of the law to those facts in order to resolve the
controversy.

THE CONCEPT OF JUDICIAL POWER:

Judicial power
In our “democratic and republican state” the powers of government are
distributed among the three great branches of the government – the legislative. The
executive and the judicial. The legislative power is vested is the congress of the
Philippines. Which consist of a senate and house of representative. The executive
power is vested in the president of the Philippines. Assist by his cabinet, the judicial
power is vested in one Supreme Court and in such lower courts as may be established
by law.

Scope of judicial power (article VIII, section,1 of the 1987 phil. Cons.)
The judicial power which is vested in the Supreme Court and in such
inferior courts as may be established by law includes the following:

SPECIAL COURTS
1. court of tax appeals – created under rep. act no. 1125, as amended, this
special court has exclusive appellate jurisdiction to review on appeal the
decisions of the Commission of Internal Revenue involving internal revenue
taxes and decisions of the Commissioner of Customs involving customs duties.
2. Sandiganbayan – The constitution provides that the National Assembly shall
create a specialized court, popularly known as “Sandiganbayan.” The creation
was made possible by Presidential Decree No. 1606.

JUDGE​
  A public officer so named in his commission and appointed to preside over and to
administer the law in a court of justice.

ATTORNEY

 Is a man set apart by the law to expound to all persons who seek from him the
laws of the land relating to the highest interest of life, liberty, and property? It is
similar with counsel and lawyer, since they are members of a legal profession
who are skilled in the laws of state.

ATTORNEY DE OFFICIO

 An attorney assigned by a superior court to defend, assist, represent, or

otherwise render professional service to destitute litigants without any
remuneration.

NOTARY PUBLIC

 An offer whose duty is to attest the truthfulness of any deed or writing in order to
render them available as evidence of facts as therein obtained.

ATTORNEY – IN FACT

 A person who is authorize by his principal either for some particular act which is
not of legal in character.

SCALE OF PENALTIES

 It is otherwise known as graduating of penalties or duration of penalties. The

scale of penalties in the Philippines taken from the revised penal code is
summarized under the table below.

Note:
R.A 7659 - Law that re-imposes the Death Penalty
R.A 8177 - It mandated that the Death Penalty should be through Lethal Injection.
R.A 9346 – The law that suspend the imposition of death penalty.

Leo Etchegaray – death penalty through lethal injection was imposed to him.

PHILIPPINES SCALE OF PENALTIES

AFFLICTIVE PENALTIES DURATION OF PENALTIES
1. Death Suspended
 2. Reclusion Perpetua 20 years and 1 day to 40 years
3. Reclusion Temporal 12 years and 1 day to 20 years
4. Prison Mayor/Temporary 6 years and 1 day to 12 years
disqualification
Correctional Penalties
1. Prison Correctional 6 months and 1 day to 12 years
2. Destierro/Suspension 6 months and 1 day to 6 years
3. Arresto Mayor 30 days and 1 day to 6 months
Light Penalties
1. Arresto Menor 1 day to 30 days
2. Public Censure Duty of the court to lay down

CLIENT
 Is one who seeks the advice of an attorney or retains him to prosecute or defend
a suit?

GRADUATION OF FINES

 The law limits the fines to be imposed upon any accused with its corresponding
category of penalty as presented below.

GRADUATION OF FINES
ACCORDING TO FINE TO BE IMPOSED
GRAVITY
1. Afflictive penalties More than P6000.00
2. Correctional penalties Not less than P200.00 but not more
than P6000.00
3. Light penalties Less than P200

TOTAL EXTINGUISHMENT OF CRIMINAL LIABILITY

1. Death of the convict;

2. After service of sentence;
3. Amnesty
4. Absolute Pardon
5. Marriage of the offended woman as provided in Article 344 of the RPC;
6. Prescription of Crimes; and
7. Prescription of penalties

PRESCRIPTION OF CRIMES
  It is loss of the right of the state to prosecute a certain crime upon
reaching the prescribed period as enumerated below.

PRESCRIPTION OF CRIME
1. Death, life imprisonment, 20 years
Reclusion Perpetua or
Reclusion Temporal
2. Other Effective Penalties 15 years
3.Correctional Penalties except 10 years
Arresto Mayor
4. Arresto Mayor 5 years
5. Libel or other similar cases 1 years
6. Oral Defamation/Slander by 6 months
Deed
7. Light offenses 2 months

PRESCRIPTION OF PENALTIES

 It is the loss of the right of the state to impose the certain penalty upon reaching
the prescribed period. The penalty shall be considered served when the
prescription period is served by a suspect even there is no final judgment of the
court.

PRESCRIPTION OF PENALTIES
1. Death, life imprisonment, 20 years
Reclusion Perpetua
2. Other Affective Penalties 15 years
3. Correctional Penalties 10 years
4. Arresto Mayor 5 years
5. Light Penalties

TOPIC 02: ORGANIZATION OF COURT

REGULAR COURTS

The Philippines Judicial System consist of a hierarchy of courts resembling a pyramid

with the supreme Court at apex. Under the Judiciary Reorganization Act of 1980,
otherwise known as the Batas Pambansa Blg. 129 (Rep. Act No. 129) the other regular
courts are;
1) Intermediate Appellate Court (Has been changed as Court of Appeals
under the present Administration) – this operates in ten (10) divisions,
each comprising five (5) members. The court sits en banc only to exercise
administrative, ceremonial, or other non-adjudicatory functions;
2) Regional Trial Courts -one which is presided by 720 Regional Trial
Judges in each of the thirteen (13) region of the country.

Basic Court System in the Philippines – A Four Level Hierarchy

In the Philippines the regular courts engaged in the administration of justice are
organized into four (4) levels or tries. At the highest level is the Supreme Court and
below in the three levels composing the lower courts. They are collectively known as the
Judiciary. As thus organized, they comprise what is preferred to as the integrated
Judicial System.

1. First Level Courts

 a. The Metropolitan Trial Courts
b. The Municipal Trial Courts in Cities
c. Municipal Trial Courts, and
d. Municipal Circuit Trial Courts.
 Courts of the first level are essentially trial courts. They try and decide
only the particular types or classes of cases specified.

2. Second Level Court

 At the second level are Regional Trial Courts (RTCs). The Philippines
is divided into thirteen (13) regions: the National Capital Judicial
Region (Metro Manila Area), and Twelve (12) others (groups of two or
more cities and provinces), from Region 1 in the North, to Region XII in
Mindanao. In each region, there is a RTC, composed of several
branches.
 Like first level courts, RTCs are trial courts. They are courts of general
jurisdiction they try and decide not only the particular classes or kinds
of cases assigned to them by law, but also those which or not
otherwise within the jurisdiction of courts of the first level.
 Regional Trial Courts also exercise appellate jurisdiction, to review
cases from first level courts.

3. Court of Appeal

 It is essentially an Appellate Court, reviewing cases appealed to it from

Regional Trial Court. It may review questions of fact or mixed
questions of fact of law.
 Appeals to it as regards cases decided by the Regional Trial Court in
the exercise of original jurisdiction are a matter of right. But appeals
with respect to cases decided by the RTC in the exercise of its
appellate jurisdiction are a matter of discretion.
 Occasionally, the Court of Appeals may act as a trial court. This, in
actions praying for annulment of final and executor judgments of
Regional Trial Court on the ground of extrinsic fraud subsequently
discovered, against which no other remedy lies.

4. Supreme Court

 The Supreme Court is the highest of the end. It is the review court. It is
the court of the last resort, for no appeal lies from its judgments and
final orders. In the context of the Integrated Judicial System in the
diagram, it exercises Appellate jurisdiction over cases decided by the
 court of appeals or Regional Trial Courts As a rule, only question of a
law may be raised as appeal.
 Appeals in the Supreme Court are never a matter of right. The only
exception is when the penalty imposed by either Regional Trial Court
or the Court of Appeals is death, reclusion Perpetua, or life
imprisonment. Indeed, when death penalty is imposed, the case
automatically goes up to the Supreme Court for review, even if the
accused does not appeal. In any of these three (3) cases, issues of
fact, aside from issues of law, maybe raised before and decided by the
Supreme Court.

TOPIC 3: TYPES OF COURT JURISDICTION

Jurisdiction and Venue:

Jurisdiction
 Is the power and authority of a court to hear, try, and decide a case Jurisdiction
of the court may be general, limited, original, appellate, exclusive, concurrent,
criminal and civil.
Delegated Jurisdiction
– Power to hear and determine cases by authority of court vested by original
jurisdiction over the case delegated.

Territorial Jurisdiction – Power to hear and decide cases falling within a

territorial limit.

Summary Procedure – Refers to proceedings whereby criminal cases are

speedily decided or resolved.

TYPES OF COURT JURISDICTION

 General Jurisdiction - when the court is empowered to decide all disputes

that may come before it except those assigned other courts.
 Limited Jurisdiction - when the court has authority to hear and determine
only a few specified cases.
 Original Jurisdiction - when it can try and decided a case presented for the
first time.
 Appellate Jurisdiction - when it can try a case already heard and decided at
the lower court removed from the latter by appeal.
 Exclusive Jurisdiction - when it can try and decide a case that cannot be
presented to any other court.
 Concurrent Jurisdiction - when any of two or more courts may take
cognizance of a case.
 Criminal Jurisdiction - jurisdiction to try a case where there is punishment or
penalty provided by the law.
  Civil Jurisdiction - the jurisdiction that exist when the subject matter is not of
criminal nature.
 Territorial Jurisdiction - the jurisdiction that exist basing on the place of
commission of commission of the offense.
Original Jurisdiction of the Supreme Court over petitions for certiorari, etc
It has original and exclusive jurisdiction over petition for the insurance of
writ of certiorari, prohibition and mandamus against the Court of Appeals.
(1) Certiorari
 (As a special civil action, not as a means of elevating an appeal, infra.)
it is a writ (summon) issued form a superior court (Supreme Court,
Court of Appeals, or Regional Trial Court) requiring a lower court a
board, or officer exercising judicial function to transmit the record of a
case to the superior court for purposes of review.

(2) Prohibition
 It is a writ by which a superior court commands a lower court or
corporation, board or person acting without or in excess of its or his
jurisdiction or with grave abuse of discretion, to desist from further
proceedings in an action or matter. It will lie only when no appeal or
any other remedy is available to the aggrieved party.
(3) Mandamus
 It is an order issued by a superior court commanding a lower court or a
corporation, board, or a persons to perform a certain act which it is its
or his duty to do. Again, this writ will lie only when no other remedy in
the ordinary course of law is available. Mandamus is an art affirmative
remedy ordering a certain act to be done.
(4) Quo warranto
 It is an action by the government to recover an office of franchise from
an individual or corporation usurping or unlawfully holding it.

Bail – It is the security required by court and given for the provisional or temporary
release of a person who is in the custody of the law conditioned upon his appearance
before any court as required under the conditions specified.

FORMS OF BAIL

1. Corporate Surety – is one issued by a professional bondsman that is one who is

habitually engaged in the business of furnishing bonds in civil actions or for
persons arrested or detained for prosecution.
2. Cash Bond – is a sum of money, in the amount designated in an order fixing
bail, posted by a defendant or another person in his behalf, with a court or other
authorized public officer upon condition that money be forfeited if the defendant
does not comply with the order of the court requiring his attendance.
3. Property Bond – is an undertaking constituted as a lien on the real property
given as a security for the amount of the bail.
 4. Recognizance – is a contract between the sureties and the state for the
production of the principal at the required time.

TOPIC 4: STAGES OF TRIAL

COURT PROCEEDINGS

1. ARRAIGNMENT - Is the stage in court proceedings wherein the clerk of court will
read the nature of the charge/s against the accused/defendant in the language or
dialect that he/she can understand and then he/she required to enter a plea of guilty or
not guilty.
- A copy of the complaint/information shall be given to the accused.
- List of witnesses will also be given to the accused.
- The accused pleads guilty or not guilty.

Motion to quash

 Is a move or motion to set aside, annulment made by accused of a criminal

complaint against him, at the time before he pleads.
 It is also a request to a court render to a court or lower judicial body null or invalid.
It can arise out of mistakes made by any lawyer in a court
Grounds of Motion to Quash:

a. That the facts charged do not constitute an offense.

b. The court, trying the case has no jurisdiction over the offense charges or the
person of the accused;
c. The officer who filed the information has no authority to do so;
d. It does not conform substantially to the prescribed form;
e. More than one offense is charged except in those cases in which existing
laws prescribed a single punishment for various offense;
f. The criminal action or liability has been extinguished;
g. It contains averments which if true, would constitute a legal accuse or
justification; and
h. The accused has been previously convicted or in jeopardy or being
convicted or acquitted or the offense charged.

2. PRE – TRIAL - ​an informal trial which precedes the regular trial. Primarily intended to
expedite the proceeding. This is done through a Pre-Trail Conference conducted by the
court.

 Plea bargaining (guilty or not guilty)

  The process of discussion or negotiations between the defense
counsel and the prosecutor, aimed and reaching an agreement
whereby the prosecutor uses discretion to obtain from the judge a
lighter sentence in exchange of the defendant's entering a plea of
guilty. Conceptually, the process of plea-bargaining is entered into
between the prosecutor and the defense lawyer before the accused is
arraigned.

 Stipulation of facts (specification)

 Admission of facts
 Marking documentary evidence (Prosecution 123; Defense ABC)
 Waiver of objection to the admissibility of evidence

3. TRIAL​ - the formal investigation of the matter in issue with respect to the action
before a competent court for the purpose of determining such issue that involves the
guilt or innocence of the accused.

4. Promulgation of judgments- It in the process of reading the judgment in that the

accused and the judge of the court in which it was rendered.
-the adjudication by the court that the accused is guilty or not guilty.
 It must be written in the official language,
 Personally, and directly prepared and signed by the judge.
 Must contain legal bases of decision

Decision – Is a judgment by a court of justice or other competent tribunals after

the presentation of proof in an ordinary or criminal case upon stipulation of facts
upon which the disposition of the case is based.

5. APPEAL​ - the whole case is elevated to a higher court for review and final
adjudication.
-A request that a case be removed from the lower court to the higher for
the purpose of conducting judicial review.

 Within 15 days ​– period of entering appeal from the date of promulgation.

 After 15 days ​– the decision shall be Final and Executory

NEW TRIAL OR RECONSIDERATION

New Trial
 Is a re-examination of the issue in the same court and party litigants,
where by error of law or irregularities are expunged from the record, or
new evidence is introduce, or both steps are taken, upon motion of the
accused, or at the instance of the court with the consent of the
accused.
Motion for Reconsideration
 It contemplates no new hearing or preceding any kind or change in
judgment is accomplished on the basis of what is already in the record.

Where to appeal;
a. A. To the Regional trial court, in cases decided by the metropolitan trial
court, municipal trail court in cities, municipal circuit trial court;
b. To the court of appeal or to the supreme court in the proper cases
provided by law, in cases decided by the regional trial court; and
c. To the supreme court, in cases decided by the court of appeals.

IV. LEARNING ASSESSMENT:

Chapter Quiz