3.

1 COURT PILLAR
Court is a body or tribunal to which the public administration and justice is delegated

If you want to fill justice, go to the court.

Centerpiece of the criminal justice system

CJS: processes the offender to attain equality in the application of law (justice) [via court]

Evolution of Court
Pre-colonial Era (PH)

No courts, lawyers, etc.

Disputing parties — litigants

Chieftain = datu (settling the dispute)

Times whereby instead the datu, the elders (assembly of elders) are settling the dispute

All trials of criminal and civil cases in pre-Spanish Philippines were in public.

The litigants in the case pleaded their own case.

There were no lawyers, court clerks or stenographers.

The litigants presented their witnesses.

Before testifying, these witnesses took and oath to tell the truth.

The oath (very solemn) was in various forms, such as:

“May the crocodile eat me!” “May I die if I tell a lie” “May no woman love me” or “May
the moon frown upon me!” To the forefathers, their oath was sacred.

Perjury was rare in the early trials.

The barangay court decided the case in favor of the litigants who presented more
proofs than the other.

Trial by Ordeal
Ordeal: Ancient form of challenge to determine the guilt or innocence of the accused.

“Dei Indicum” — Gods will

3.1 COURT PILLAR 1

 Ordeal of the boiling water (common in thieves): dipped in the boiling water then must
have the stone + without injuries

With injuries = guilty; then the hand will be mutilated (cut off)

Ordeal of the lake (withcraft or warlocks): thrown in the lake (if floated: guilty;
punishment: burn alive) // (if drowned: not guilty)

Order of the rice chewing sati (MARITES): grains of the sati will be chewed and spit
If you spit it with blood = guilty; no blood = innocent

Order of drinking water (stay in the mouth): having water in mouth (specific amount),
have to run and have to spit the same amount of water. If not = guilty.

In criminal cases, when there was doubt as to who of the accused persons was really guilty of
the crime, trial by ordeal was resorted to.

It was believed that the gods protect the innocent and punished the guilty.

Through the ordeal the gods revealed divine truth to the people.

Thus, an accused person who was innocent was believed to be always successful in the
ordeal because the gods would make him win.

Meaning of Court
A court is a body to which the public administration of justice is delegated, being a
tribunal officially assembled under authority of law at the appropriate time and place for the
administration of justice through which the State enforces its sovereign rights and powers.0

It is an entity or body in which a portion of judicial power is vested.

The Roles of the Court in the System

1. To settle actual controversies involving rights which are legally demandable and
enforceable.

2. To determine whether there has been grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch or instrumentality of the government.

3. To render authoritative judgments.

4. The final arbiter for justice.

5. The frontline of democracy, freedom and human dignity.

6. The only institution capable of identifying and maintaining the proper balance between
the conflicting rights of the individual and those of the state and society.

7. It is to the court that everyone turns to for justice.

3.1 COURT PILLAR 2

 8. It is twisted as a shield of innocence in the impartial guardian of every private civil
rights.

9. It is in the court that our citizens primarily feel the keen cutting edge of the law.

10. The only constitution capable of identifying and maintaining the proper balance between the
conflicting rights of the state and society.

Trial by Judge — Judge System

The judge determines the guilt or the innocence of the accused.

The actual penalty is set by the judge.

Judge: a public officer so-named in his commission to preside over and to administer the law
in a court.
: presiding officer in court

Commission — written authorization to preside over and to administer the law in a

court

Court is an incorporeal entity composed of one or more judges.

Trial by Jury — Jury System

The jury determines or decides the guilt or inncence of the accused.

The actual penalty is set by the judge.

Judge only facilitates. Yet, the decision-making belongs to the jury.

Jury is the body of people sworn to give a verdict. (12 people on the court — randomly
chosen citizens from the entire population)

Possible to be a juror several times, different people on different cases

The community can also form parts of the court

Judicial Power
the reason why the court can perform all the roles mentioned beforehand.

Vested in the supreme court and other inferior courts

Art. 8 Sec. 1 of 1987 PH Constitution

A constitutional power.

Vested upon the constitution

2 KINDS:

3.1 COURT PILLAR 3

 1. It is the power of the courts to settle actual controversies involving rights which are legally
demandable and enforceable.

2. The power of the courts to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction.

In the Criminal Justice System the court is looked upon as:

1. The final arbiter for justice;

2. The front line defender of democracy, freedom and human dignity;

3. The only institution capable of identifying and maintining the proper balance between the
conflicting rights of the individual and those of the state and society; and

4. It is the courts that everyone turn to for justice.

Meaning of Judge
A judge is public officer so named in his commission (written evidence of appointment and
appointed to preside over and to administer the law in a court of justice.)

Court and Judge Distinguished

A court is an incorporeal entity composed of one or more judges.

It is a personality separate and distinct from the men who compose it.

A judge alone does not necessarily constitute a court, for while he is an indispensable part he
is only a part of the court.

It is elementary however, that a court cannot exist without a judge.

Judicial Power Art. VIII Sec. 1 Philippine Constitution

Judicial power shall be vested in the Supreme Court and in such inferior courts
as may be established by law.

Judicial power includes the duty of the courts to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government.

Lower courts as here used are not to be understood in the sense of insignificant
but as referring to all other courts below the Supreme Court.

Different Lower Courts includes the following:

3.1 COURT PILLAR 4

 1. Court of Appeals

2. Regional Trial Court

3. Metropolitan Trial Court

4. Municipal Trial Courts

5. Municipal Circuit Trial Courts

6. Court of Tax Appeals

7. Sandiganbayan

Jurisdiction Defined
The authority by which courts take cognizance of and decide cases, the legal right by which
judges exercise their authority.
Inherent power of a court ot hear, try and decide a case.

Jurisdiction of Courts
1. General

When it is empowered to decide all disputes which may come before it,
except those designated to other courts. (Ex. Jurisdiction of RTC);

2. Limited
When it has authority to hear and determine only a few specified cases. (Ex. Jurisdiction of
the Court of Tax Appeals);

3. Original
When it can try and decide a case presented for the first time;

4. Appellate
When it can take a case already heard and decided by a lower court removed from it by
appeal;

5. Exclusive
When it can try and decide a case which cannot be presented before any court;

6. Concurrent
When any one of two or more courts may take cognizance of a case;

7. Criminal
That which exists for the punishment of crime; and

8. Civil

That which exists when the subject matter is not of a criminal case.

3.1 COURT PILLAR 5

 Organization of Courts
A. Regular Courts
The Philippine Judicial System consists of a hierarchy of courts resembling a pyramid with the
Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980, otherwise known as
the Batas Pambansa Blg. 129, the other regular courts are:

1. Intermediate Appellate Court (Now Court of Appeals)

This operates in ten divisions, each comprising of five (5) members.

The court sits en banc only to exercise administrative, ceremonial, or other nonadjudicatory
functions.

2. Regional Trial Courts

One which is presided by 720 Regional Trial Court Judges in each of the thirteen (13)
regions of the country.

3. Metropolitan Trial Courts

In each metropolitan area, established by law are a Municipal Trial Court in every city not
forming part of the Metropolitan area and each of the municipalities not comprised within a
metropolitan area; as well as a Municipal Trial Court in each area defined as a municipal circuit
comprising of one or more cities and/or one or more municipalities grouped together according to
law.

B. Special Courts
Aside from the above-mentioned courts, there are also under present laws some special courts.
These are the following:

1. Court of Tax Appeals

Created under Republic Act No. 1125, as amended, this special court has exclusive appellate
jurisdiction to review on appeal the decisions of the Bureau of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of Customs involving customs
duties.

2. Sandiganbayan

The Sandiganbayan is retained by the new Constitution under the following provision in
Article XI, Sec. 4:

Sec. 4 The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.

The basic rule was embodied in Art. XIII, Sec. 5 of the 1973 Constitution, which called for the
creation by the Batasang Pambansa of a special court to be known as the Sandiganbayan. The

3.1 COURT PILLAR 6

 term is a tagalog word meaning, “support of the nation.

The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction over civil and
criminal cases involving graft and corrupt practices and such other offenses committed by public
officers and employees, including those government-owned or controlled corporations, in relation
to their office as may be determined by law.”
Under P.D. 1606, as amended, the Sandiganbayan consists of a presiding justice (1) and (8)
eight associate justices and has the same rank as the Court of Appeals. It sits in division of
three justices each, who shall be necessary to constitute a quorum and whose unanimous vote
shall be required for the pronouncement of the judgment. Its decision may be brought on certiorari
to
the Supreme Court.

C. Administrative Agencies
An Administrative Agency may be described as a body endowed with quasilegislative and quasi-
judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or
execution.

Administrative Agencies Includes:

1. National Labor Relations Commission

2. Commission on elections

3. Bureau of Internal Revenue

4. Bureau of Customs

5. Board of Transportation

6. Commission on Audit

7. Energy Regulatory Board

8. Civil Service Commission

Quasi-Judicial Power
The power of the administrative agency to determine questions of fact to which the legislative
policy is to apply, in accordance with the standards laid down by the law itself.

https://www.ojp.gov/pdffiles/161568.pdf

3.1 COURT PILLAR 7

 Jurisdiction
Originates from its judicial power.

“Juris and Dico” — I speak by the law

Jurisdiction is the power or the authority of a court to try and decide a case.

No Jurisdiction = Dismissal of the case

What determines Jurisdiction?

GR: Penalty prescribed by the law for the crime.

Requisites:
Needs to be complete; if not, the court would not have a jurisdiction.

1. Jurisdiction over the Subject Matter

— power to hear and determine cases of the general class to which the proceedings in
question belongs.
— Jurisdiction of the court over the case.
! Look at the imposed penalty.

PENALTY
MTCs — 6 years and below [1st level courts — Municipal]
Prision correccional
RTC — Above 6 years and 1 day [Regional Trial Court]
Prision Mayor = 6Y and 1D above — RTC
Aresto Menor = MTC

Fine = 4k below [MTC]

= 4k above [RTC]
If the penalty is only a fine (no imprisonment)

Combination of imprisonment and fine = Consider only the imprisonment, not the fine.
Imprisonment or fine = Forget the fine, look at the penalty.

XPN: Following (5) cases:

6Y and Below but jurisdiction belongs to the RTC:
L — Libel
I — Infringement of copyright and trademark

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 E — Election cases
M — Minor - CICL (cases including minors)
D — Drug Cases

2. Jurisdiction over the Territory

Pertains to a court that has a territorial jurisdiction over the place where the offense was
committed.
Territorial Jurisdiction.
It happened on the place where the crime happened.

Venue — place of trial; where jurisdiction is exercised.

RULE: Jurisdiction may not be transferred.
XPN:
Can be transferred upon order of the supreme court
Purpose: Avoid miscarriage of justice
CHANGE OF VENUE.
eg. ampatuan massacre,

3. Jurisdiction over the Person of the Accused

2 ways to acquire it:
1. Via a valid arrest (lawyer of the accused should determine the validity immediately
because if he succeeded, he or she can dismiss the case.)
2. Via voluntary surrender

What law determines jurisdiction?

Law in force at the time when the action is filed. (based on time of filing)

XPN: rule is dependent on the nature of the position of the accused at the time of
the commission of the offense.
eg. malversation, corruption, bribery (politician)

If the jurisdiction is is determined by the position of the accused at the time of the commission
of the crime.

What if the court finds that it has no jurisdiction, how should it proceed?
GR: Left with no other power but to dismiss the case.
If Supreme Court or Court of Appeals: can dismiss or can transmit it to the proper
court

Kinds of Jurisdiction

3.1 COURT PILLAR 9

 1. General

When it is empowered to decide all disputes which may come before it,
except those designated to other courts. (Ex. Jurisdiction of RTC);
— Power of the court to hear and decide any case that comes before it which are not designated
to another court.
eg. Regional Trial Court

2. Limited (what cases can be handled by this court?)

When it has authority to hear and determine only a few specified cases. (Ex. Jurisdiction of
the Court of Tax Appeals);
— Power of the court to hear and decide only certain cases.
eg. Shari’a court (5 cases only) — all cases involving muslim personal relations.
Sandiganbayan — only handle cases involving public officers with salary grade 27
and above involved in graft and corruption cases.

3. Original
When it can try and decide a case presented for the first time;

4. Appellate
When it can take a case already heard and decided by a lower court removed from it by
appeal;
— elevated from the lower court.

5. Exclusive (who or what court can handle it?)

When it can try and decide a case which cannot be presented before any court;
— Only court to decide a case.

6. Concurrent
When any one of two or more courts may take cognizance of a case;
— power of several courts to handle a case.
can be filed with different courts
RULE: filing in one court bars the filing with other courts
Forum shopping — multiple filing of a case to several courts.
!! lead to dismissal of all cases. !!

7. Criminal
That which exists for the punishment of crime; and

8. Civil

That which exists when the subject matter is not of a criminal case.

9. Residual Jurisdiction

Jurisdiction left with a court after a case is transferred to another court.

3.1 COURT PILLAR 10

 Philippine Hierarchy of Courts
First Level Courts
1. Municipal Trial Court (MTC)
It is a court catering to one municipality.

2. Municipal Trial Court in Cities (MTCC)

Court catering to one city.

3. Municipal Circuit Trial Court (MCTC)

Court catering to two or more municipalities.
Covers four municipalities

4. Metropolitan Trial Court (MeTC)

In Metro Manila

5. Shari’a Circuit Court (SCC)

Limited-Exclusive
5 cases only:
Muslim Personal Relations
eg. Violation of EDA
Failure to register

Second Level Courts

Regional Trial Court (RTC)

Court of first instance. (CFI)

You can elevate this to Court of Appeals

Shari’a District Courts

Court of Appeals
Originally known as, Intermediate Appellate Court

// Collegiate court: composed of several justices.

composed of: 69 Justices seated in 23 divisions

each division: 3 justices

handle ordinary cases: regular courts

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 Special Courts
Court of Tax Appeals (CTA)
Created by virtue of RA 1125

Collegiate court

Composed of: 9 Justices

1 presiding justice, 8 associate justices

seated in 3 divisions: 3 justices per division

Jurisdiction: Limited-Exclusive

only handle specific cases

cases filed here cannot be filed in other courts.

Handling decided by commissioner of customs, decisions of commissioner of internal revenue

tax cases

Sandiganbayan
Created by virtue of PD 1606

aka “Support of the Nation”

Graft and Corruption Court

15 Justices

1 Presiding Justice, 14 Associate Justices

5 divisions: 3 Justices per division

Limited-Exclusive cases: only handle specific cases & they are the only ones allowed to
handle these cases.

3 REQUISITES to be under Sandiganbayan:

1. Government Employee (Public Officers)

2. Salary Grade of 27 (126k minimum) and above

3. Graft and Corruption Case [RA 3019]

[RA 7080, Anti-Plunder Law]

a. Malversation

b. Bribery

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 c. etc. (CLJ 5)

Supreme Court
Collegiate court

15 Justices

1 chief justice and 14 associate justices

Court of Last Resort

The decision of the supreme court is considered final.

Decisions of the Supreme Court form part of the laws of the land.

called: Case Laws.

Remove of Chief Justice is through Impeachment. (Impeachable officers)

eg. via Co Warranto Proceedings (CJ Sereno)

Legal Systems
1. Inquisitorial System

Spanish era

the presence of the accused is not required.

proceeding would be conducted even without the presence of the accused.

eg. Dr. Jose Rizal

2. Accusatorial / Adversarial System

American era

Presence of the accused is required.

3. Mixed system

Combination of Inquisitorial and Accusatorial System

Present system being utilized in the Philippines

eg. Preliminary examination conducted by judge in the issuance of a warrant:

jeopardize—

What happens in Court?

3.1 COURT PILLAR 13

 1. Arraignment

It is the reading of the case in open court to inform the accused of the nature and cause
of accusation.

What happens in the arraignment?

a. Reading of the case — complaint or information

b. Entry of plea — guilty or not guilty

c. Criminal cases: arraignment is non-waivable. [arraignment must happen first.]

d. No arraignment in absentia. [no arraignment = no accused]

2. Pre-Trial

It is the simplification of the issues of the case.

Non-waivable. A requisite.

What happens in Pre-Trial? [purposes of pre-trial]

a. Plea bargaining — negotiation between parties [lowering of crime sentence]

b. Stipulation of facts — Try to agree on certain facts.

c. Marking for identification of evidence — [Prosec: your honor, I pray that this evidence
be marked as exhibit a, etc.] Prosec: LETTERS.
Defense: Numbers [exhibits]

d. Waiver of Objections to Admissibility of Evidence — During trial, presented marked

evidence, are waived by the defense counsel.

e. Modification of the order of trial — The first to present is the prosecution, then the
defense.
— Possible to have a reverse trial: If, there is a justifying or exempting circumstances
(eg. self defense)

f. Other matters that will promote a fair and speedy trial — You can perform other
things to settle the case.

3. Trial

scheduling of dates for the trial.

formal examination of evidence before the court.

Analyze the evidences presented by the opposing parties.

3.1 COURT PILLAR 14

 2 Kinds of Truth:

1. Factual Truth — the truth known only to the victim, the offender, and God.

2. Judicial Truth — truth based on the evidences presented in court. [determined in

evidence in court]
NOTE: Not all judicial truths would pertain to factual truth.

The weight and strength of the evidence would determine the judgment to be rendered by
the court.

Prosecution: heavier, then the prosec is in favor; accused is convicted.

Defense: heavier, acquittal.

Same weight: EQUIPOISE RULE

If the evidence of the prosecution and the defense are of the same weight, the
balance of justice shall be tilted in favor of the defense.

the accused will be acquited. [presumption of innocence] because it is not proven

by the prosecution that the accused is guilty. [need to present stronger evidence.]

prove beyond reasonable doubt.

4. Judgment

written adjudication by the court that the accused is guilty or not guilty of the crime.

2 kinds:

1. Judgment of Conviction — Guilty

— PENALTY.

2. Judgment of Acquittal — Not guilty

— Sin Perjuicio Judgment [a void judgment, no legal effect; if only there is one
presented (factual or legal, but not both] — judgment with no factual (facts which
are led to this judgment) or legal basis (law itself) = valid judgment
eg. paricide

Interlocutory Order

decision in a collateral issue

eg. paternity case, then the defense also file

support pendentelite — support pending trial, (juvenile delinquency) — requesting the
court to compel the husband to support during the pendency of the case. [collateral issue]

the court rendered the support pendentelite

3.1 COURT PILLAR 15

 support pendentelite will stop when it is proven that he is not the father of the child.

COURT PERSONNEL
Clerk of Court — the alter ego of the judge. [in charge of records keeping]; [preparing the
court calendar]

Court Stenographer — records the minutes of the court. [documenting everything,

transpiring in the court] all questions, mention in the proceedings are documented by the
stenographer

Stenographic notes = translate into a readable material

Bailiff — present in courts abroad; law enforcement officer responsible for maintining order in
the courtroom during trial.

Jail officers // prision guards // police officers — In PH.

Corners — abroad; guard the premises of the court. found outside the courtroom.

In courts, who is considered as the man of the hour?

WITNESS.

The moment a witness is called in the witness stand to testify, everyone listens to said witness. All
eyes, ears are given to the witness.

During the time that he is testifying.

3.1 COURT PILLAR 16