CRLJ 121 Finals Module 5

CRLJ 121
INTRODUCTION TO
CRIMINAL JUSTICE
SYSTEM
FINALS MODULE 5
INTRODUCTION
In our criminal justice system, the separate judicial branch is viewed as

necessary for assuring that the constitutional and statutory rights of citizens are not
controlled by political pressures. This is the reason why the framers of our
constitution established three branches of the government at the national level—
legislative, executive and judicial—and provided for the establishment of one
Supreme court.
LEARNING OUTCOMES
At the end of the unit, the students should be able to:
a. Discuss the function of court pillar of the CJS.

b. Enumerate the different courts in the Philippines and their jurisdictions.
REFERENCES
 Shirley Domingo, Criminal Justice System, Rex Book Store, Inc., 2013
 Porferio C. Madelo Jr., Ph. D., Criminal Justice System-Basic Concepts and
Approaches, Rex Book Store, Inc., 2013
 Atty. Ramil G. Gabao, Ph. D., Philippine Criminal Justice System, Chapter House
Publishing Inc., 2013
LEARNING LESSONS
LESSON 1 COURT: THIRD PILLAR OF CRIMINAL JUSTICE SYSTEM

COURT
 A government institution that decides a case according to the existing laws or the
laws of the land.
 It adjudicates the legal disputes between citizens, or between the citizens and
the government.
 The basic function of a court in criminal cases is to determine the guilt or
innocence of the person accused of crime and to impose punishment on those
found guilty.
Judge - A public officer so named in his commission and appointed to preside over and
to administer the law in a court of justice.
Twofold role of the court
 As a participant- the court must decide the culpability or innocence of the

accused after a careful examination of the records or the case after its trial on the
merit.
 As a superior- the court has a noble mission as a protector of human rights.
General Functions of the Court:
1. To protect the rights of the accused

2. To determine by all legal means whether a person is guilty of crime
3. To dispose properly of those convicted of the crimes
4. To protect the society
5. To prevent and reduce criminal behaviour
Jurisdiction
 Is the power and authority of a court to hear, try, and decide a case.
 Try or hear a case simply means to receive evidence from the parties (including
their arguments), according to fixed rules.
Venue- Refers to the place or the geographical area where a case should be heard,
tried, and decided.
Kinds of Jurisdictions of Court:
 General- authority to decide upon all disputes filed before it, except those
pending before other courts.
 Limited- is the authority to hear and determine only a specified case (ex: special
court)
 Original- authority to try and decide upon a case presented to it for the first time
 Appellate- authority to take a case already heard and decided by a lower court,
elevated from the latter by appeal.
 Exclusive- the authority to try and decide upon a case to the exclusion of all
courts
 Concurrent- the authority of two or more courts to take cognizance of the case
Composition of Philippine Courts
Regular Courts:
Supreme Court It is the highest court in the Philippines.
Consist of 15 members including the chief

justice.
Court of Appeals It is the second highest judicial court after
the supreme court. It reviews decision and
orders of the lower court.
Regional Trial Court (RTC) Has jurisdiction over offenses punishable

with imprisonment of six years and one
day and over
Inferior Courts Has jurisdiction over a violation of city

municipal ordinances and offenses
● Metropolitan Trial Court punishable by imprisonment not exceeding
● Municipal Trial Court
● Municipal circuit Trial Court six years
Special Courts:
Sandiganbayan It is a special court that has jurisdiction

over criminal and civil cases involving graft
and corrupt practices of public officers.
Created pursuant to PD 1606.
Court of Tax Appeals (CTA) Has exclusive appellate jurisdiction to

review and appeal the decision of the
Commissioner of the Bureau of Internal
Revenue involving internal revenue taxes
and decisions of the Commissioner of the
Bureau of Customs involving customs
duties. Created pursuant to RA 1125.
Shari’a Court Created pursuant to PD 1083, otherwise

known as the “Code of Muslim Personal
Shari’a District Court Laws of the Philippines”. Cases brought
Shari’a Circuit Trial Courts before this court is civil in nature.
-These are courts of limited jurisdiction

which are presided by District Judges
-These are presided by circuit judges.
Family Court This special court was established by

virtue of RA 8369, otherwise known as
Family Courts Act of 1997". It covers
criminal cases where one or more of the
accused is below eighteen (18) years of
age but not less than nine (9) years of age
or where one or more of the victims is a
minor at the time of the commission of the
offense.
Subpoena - An order to appear and testify at the hearing or trial of an action, or at any
investigation conducted by competent authority.
Types of subpoena:
1. Subpoena ad testificandum - A type of subpoena in which the person needs to

appear, attend and testify in court
2. Subpoena duces tecum- a person is required to bring with him books, documents
or other things.
Summon- Writ of the court by which the defendant is notified of the action brought
against him. It is an order to answer a complaint.
Bail- The security given for the release of a person in custody of law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under
conditions hereinafter specified.
Confession- A self- incriminatory statement in which the accused acknowledging of his
guilt of the offense charged.
Confession can be classified into two categories:
 Judicial Confession: When a confession made before the court or recorded by

the magistrate, it is said to be a judicial confession.
 Extra-Judicial Confession: When a confession is made before the police or any
other individual excluding the Judges and Magistrates.
Admission- Refers to the acknowledgement of a fact under discussion or a material

fact in a lawsuit
Note: both will only be admissible if the accused voluntarily executes it, not under
duress, coercion or psychological restraint.
COURT PROCEEDINGS
1. Arraignment - the reading to the accused in open court of the complaint or

information.
 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.
2. Pre – trial - an informal trial which precedes the regular trial. There can only be a pre-
trial when the accused pleads not guilty at the arraignment.
 Plea bargaining (guilty or not guilty)
 Stipulation of facts (specification)
 Admission of facts
 Marking documentary evidence
 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. Judgment - the adjudication by the court that the accused is guilty or not guilty. It is
the law’s final word pronounced by a competent authority.
 It must be written in the official language,
 Personally and directly prepared and signed by the judge.
 Must contain legal bases of decision
Conviction- judgment of the court based on the verdict of a judicial officer that the
accused is guilty of the offense he was charged.
Acquittal- judgment of the court based on the verdict of a judicial officer that the
defendant is not guilty of the offense he was charged.
5. Appeal - the whole case is elevated to a higher court for review and final adjudication.
 Within 15 days – period of entering appeal from the date of promulgation.
 After 15 days – the decision shall be Final and Executory

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CRLJ 121

In our criminal justice system, the separate judicial branch is viewed as

At the end of the unit, the students should be able to:

a. Discuss the function of court pillar of the CJS.

LESSON 1 COURT: THIRD PILLAR OF CRIMINAL JUSTICE SYSTEM

Twofold role of the court

 As a participant- the court must decide the culpability or innocence of the

General Functions of the Court:

1. To protect the rights of the accused

Composition of Philippine Courts

Supreme Court It is the highest court in the Philippines.

Consist of 15 members including the chief

Regional Trial Court (RTC) Has jurisdiction over offenses punishable

Inferior Courts Has jurisdiction over a violation of city

Sandiganbayan It is a special court that has jurisdiction

Court of Tax Appeals (CTA) Has exclusive appellate jurisdiction to

Shari’a Court Created pursuant to PD 1083, otherwise

-These are courts of limited jurisdiction

-These are presided by circuit judges.

Family Court This special court was established by

1. Subpoena ad testificandum - A type of subpoena in which the person needs to

Confession can be classified into two categories:

 Judicial Confession: When a confession made before the court or recorded by

Admission- Refers to the acknowledgement of a fact under discussion or a material

1. Arraignment - the reading to the accused in open court of the complaint or

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