Module 5

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MODULE 5

SPECIAL TOPICS FOR CRIM 1


NAME: BAJEN, MICHAEL JAN A.
BLOCK: 3B
SUBJECT CODE: CR - 634
SCHEDULE: MTH 5:30 – 7:00

EXPLORE
Currently, there are different programs undertaken by our Philippine National
Police, conduct research on what should be done by the police in order that
the peace and order in their areas of responsibility will be maintained and to
ensure that the members of the society are well protected.
Ans.: MORE INTEL OPS. The Philippine National Police is the national police force
mandated with the duty to enforce the law and maintain peace and order as a
function of government consistent with state policy declared in Article II Section 5 of
the Constitution that “the maintenance of peace and order, the protection of life,
liberty, and property, and the promotion of the general welfare are essential for the
enjoyment by all the people of the blessings of democracy. Gathering intelligence
allows the state to distinguish genuine progressives from unrepentant communist
terrorists out to overthrow a duly elected government through violent means;
routinely extort, burn and loot assets of businesses that gave livelihood to peace-
loving citizens of this country.

APPLY
Justice is said to be the principle of dealing with fairness, equality in
application of law. Show an incident wherein justice was put into practice.
Ans.: BACOLOD CITY -- Family members of the victims of the Maguindanao
Massacre from this city have said that justice has been served to their kin, but
expressed mixed feelings over the verdict handed down by the court to the accused
in the gruesome murder that happened 10 years ago.

Teresita Maravilla, elder sister of Negrense radioman Ernesto “Bart” Maravilla Jr.,
was emotional while watching the promulgation on television at her home in
Barangay 6 here, and applauded when she heard that the brains of the massacre
have been convicted, as shown on the Facebook Live video of Bombo Radyo
Bacolod.

Maravilla was the station’s former reporter here before he was assigned to Bombo
Radyo Koronadal, his employer when he died during the Maguindanao Massacre.

“Salamat, salamat guid. Ginhatagan guid hustisya ang manghud ko (Thank you,
thank you really. Justice has been served to my younger brother),” Teresita said as
she wiped away tears.
Teresita shared that with the guilty verdict, she can somehow learn how to laugh
again although she admitted still having mixed emotions because some of the
accused have been acquitted.

Andrea Jayme, sister of Bacolod-born lawyer Concepcion “Connie” Jayme-Brizuela,


said she is happy that justice has finally been served to her sister.

“On the part of my sister, it (justice) has been served. Although not all were
convicted, more than 50 were freed. I’m concerned they might do it again, knowing
them. They might appeal to the higher court,” said Jayme, who joined journalists
here in watching the live stream of the promulgation at the Negros Press Club (NPC)
office.

Together with her family and some reporters, Jayme lighted candles at the Marker of
the Fallen Journalists located across the NPC building when the reading of the
sentence ended.

Negros Press Club president Chrysee Samillano, who led the local media’s
commemoration of the 10th year of the Maguindanao Massacre here last month,
welcomed the verdict that has brought justice to the Jayme family and other victims
of the gruesome killing.

Veteran radio broadcaster Renato Duran, Negros Press Club's immediate past
president and ex-officio member, said that although several of the accused have
been acquitted, he is glad that most of the principal suspects have been convicted.

“After 10 years of fighting for justice for our fellow media practitioners, justice has
finally been served. Every November 23 of each year after the incident happened,
members of the media in Bacolod gathered to pray, light candles, and call for the
speedy resolution of the case,” he added.

Duran also called on the government to remain true to its commitment to protecting
journalists.

Of the 58 killed, 32 were journalists and media workers. They were on their way to
the Commission on Elections office to witness the filing of the candidacy of then
Buluan vice mayor Esmael Mangudadatu for the 2010 gubernatorial race. Jayme-
Brizuela had served as legal counsel for Mangudadatu.

Judge Jocelyn Solis-Reyes of the Regional Trial Court Branch 221 in Quezon City
found eight members of the Ampatuan clan and 20 others guilty for 57 counts of
murder and meted them with the penalty of reclusion perpetua (up to 40 years
imprisonment) without parole while 55 others have been acquitted. (PNA)
ASSESS
Create a criminal case scenario. Emphasize the different nomenclatures given
to the person who is being processed under the criminal justice system.
Ans.: QUALIFIED THEFT. A homeowner left his house, leaving the housemaid
alone. When he returned home, he noticed that their housemaid was not present,
and that the master's bedroom had been left open, with items inside the room
scattered. And the jewelry box inside the locker, which contained various jewelries,
was nowhere to be found. It was also discovered that the laptop and smartphone
that were placed on top of the table had been stolen. The homeowner decided to
report the incident to the authorities after concluding that their housemaid was to
blame for the missing personal belongings.

POLICE ACTION TAKEN:


After the homeowner reported the incident, the police recorded the data of the
incident and at the blotter, the housemaid was referred to as the “SUSPECT”

AT THE PROSECUTOR’S OFFICE:


After conducting thorough investigation, the police filed the case against the suspect
for Qualified Theft at the Prosecutor’s Office. In the complaint form, the housemaid is
now referred to as the “RESPONDENT”. Probable cause was determined at the
prosecutor’s office and subsequently recommends for the issuance of a warrant of
arrest against the housemaid at the court of jurisdiction.

AT THE TRIAL OF THE CASE:


At the court, the judge issued the warrant of arrest against the housemaid and is now
referred to as the “ACCUSED”.

After receiving the warrant of arrest, police authorities will now proceed to arrest the
housemaid and undergo trial. Once the court has determined that the accused is
guilty beyond reasonable doubt as charged and the judgement has been rendered,
the housemaid will now then be referred to as the “CONVICT”.

It is only upon undergoing all the process when the person has served the sentence
when he/she can really be considered as a “CRIMINAL”.

It is only upon undergoing all the


process when the person has
served the sentence
when he can really be considered
as a CRIMINAL.

It is only upon undergoing all the


process when the person has
served the sentence
when he can really be considered
as a CRIMINAL.
It is only upon undergoing all the
process when the person has
served the sentence
when he can really be considered
as a CRIMINAL.

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