Week 13: Third Pillar of Criminal Justice System
Court Pillar Sandiganbayan; revised by PD 1606, an
Court:
 Centerpiece of the criminal justice system
 Primary and most important function as a component
of the Criminal Justice System is to decide whether
the accused is guilty or not guilty of the crime he is
accused of committing.
 To end the process for the accused or to proceed
with the next pillar
The Court and the Judiciary:
 Court is an organ of the government belonging to the
judicial department whose function is the application
of the laws to controversies brought before it and the
public for the administration of justice.
 Judicial Department (Judiciary) vested with judicial
power to interpret, construe and apply the laws
Judicial Power is the power to apply the laws to contests
or disputes concerning legally recognized rights or duties
of and between the state and the private persons or
between individual litigants in cases properly brought
before the judicial tribunals.
Power of judicial review is the power of the Supreme
Court to determine whether laws passed by Congress and
acts of the President are in accord with the Constitution
when the matter is raised. All courts have judicial power
but only the Supreme court has the power of judicial
review.
Some of the Unconstitutional Law:
1. RA 11479 - The Anti-Terrorism Law of 2020
a provision that allows an anti-terrorism council
appointed by the president to adopt requests by other
entities, including international organizations, to
designate individuals and groups as terrorists.
Allowing the detention of a suspect for up to 24 days
without a warrant was a blatant violation of the
Constitution.
JURISDICTION AND VENUE
JURISDICTION
 Is the power and authority of the court to hear, try and
decide cases.
 It is the authority to take cognizance of a criminal
offense and to impose the penalty prescribed by law
after a proper trial.
 Implies the power of the court to decide a case
 Power of the court to execute the judgement thereon
 Jurisdiction is lodge with the court, not the judge
 It is the power of the court and not the judge.
Jurisdiction is vested in the court and not in the judge.
VENUE
 Refers to the place where the action must be
instituted and tried
 Place of action
 Geographic location
Requisites for a valid exercise of Criminal Jurisdiction:
1. Jurisdiction over the subject matter
a) Supreme Court: conferred by 1987 Constitution,
Article 8
b) Court of Tax Appeals: conferred by RA 1125,
has equivalent authority as the Court of Appeals
but on tax cases only
c) PD 1486: creating a special court known as
amended by RA 8249 - an act further defining
the jurisdiction of Sandiganbayan.
d) BP 129: Judiciary Reorganization Act of 1980
(Defining the jurisdiction of Court of Appeals,
RTC, MTC, MCTC)
e) RA 7160 (Katarungang Pambarangay Law)
2. Jurisdiction over the territory
A. General Rule: A criminal case should be instituted
and tried in the place where the offense was
committed or where any of its essential ingredients
took place
B. Exception: The Supreme Court may order a
change of venue to avoid miscarriage of justice
(Example Sandiganbayan)
3. Jurisdiction over the person of the accused
A. By his arrest; or
B. Voluntary submission in court
KINDS OF JURISDICTION:
1. General - if it is empowered to decide all disputes
which may come before it
RTC is a court of General Jurisdiction
The power to adjudicate all controversies except those
expressly withheld from the plenary powers of the court.
2. Limited/Special - if the court has the authority to hear
and determine only a few specified cases (Example is
Sharia Courts)
Example:
The Supreme Court may designate certain branches of
the Regional Trial Courts to handle exclusively criminal
cases which do not fall under the jurisdiction of quasi-
judicial bodies and agencies, and/or such other special
cases as the Supreme Court
3. Original - when it can try and hear a case presented to
it for the first time. Power of the court to take judicial
cognizance of a case instituted for judicial action for the
first time under conditions provided by law.
Example:
A. Supreme Court - 1987 Constitution, Article 8 Section 5
a) Original jurisdiction over petitions for certiorari,
prohibition, mandamus, quo warranto, and
habeas corpus.
B. Court of Appeals - BP 129, Section 9
a) Original jurisdiction to issue writs of mandamus,
prohibition, certiorari, habeas corpus and quo
warranto
C. Regional Trial Court -
Example:
Supreme Court have original jurisdiction over cases
affecting ambassadors, other public ministers, and
consuls and over petitions for certiorari, prohibition,
mandamus, quo warranto and habeas corpus.
4. Appelate - if it can try a case already heard and decided
by a lower court, removed from the latter by appeal
5. Exclusive - if it can try and decide a case which cannot
be presented before any other court. The power to
adjudicate a case or proceeding to the exclusion of all
other courts at that stage.
Example:
Cases that involves high ranking public officials in relation
to the performance of their official functions can only be
filed and tried in Sandiganbayan because it has exclusive
jurisdiction over them.

6. Concurrent/Confluent - if any of two or more courts

may take cognizance of a case. The power to conferred
upon different courts (whether of the same or different
ranks) to take cognizance at the same stage of the same
case in the same or different judicial territories.

A court may exist without a Judge. There maybe a Judge

without a court.

RA 11459 - Judges-at-Large Act of 2019

The duly appointed RTC Judges-at-Large shall have no
permanent salas and may be assigned by the SC as
acting or assisting Judges to any RTC in the Philippines,
as public interest may require.