PART I – GENERAL PRINCIPLES

A. CRIMINAL JUSTICE SYSTEM - is the system or process by which crimes are reported,
investigated, and the persons suspected thereof are taken into custody, prosecuted and
punished, and if found guilty, provisions being made for their correction and
rehabilitation.

- this refers to established institutions organized by the Government in order to maintain

peace and order. This system is composed of:

(1) the Law Enforcement - The Law Enforcement investigates crimes and effects the arrest
of those people who violated the law. ( PNP, NBI, CIDG, etc)

(2) Prosecution - investigates and prosecutes cases;

(3) Court - The Court is the cornerstone of the system wherein it determines whether the
person charge for a criminal offense is guilty or not.

(4) Correctional - for the correction and rehabilitation of the accused ( Bureau of Prisons,
Parole and Probation administration)

(5) Community.- ( e.g., People & People’s Organizations) in all the phases of judicial
involvement of offender as well as the protection process: the prevention of abuse,
cruelty, discrimination and exploitation, assistance of offenders who enter the criminal
justice system and the acceptance of the offenders upon his reintegration into the
community report crimes, appear as witness, give evidence, NGO’s, etc;

DIFFERENT PHILOSOPHIES UNDERLYING THE CRIMINAL LAW SYSTEM

Classical or Juristic Positivist or realistic

1. Basis of criminal Human free will; man has Man is inherently good but
liability capacity to choose between the offender is socially sick.
good and evil; bet right and - A product not only of
wrong; biological factors, bt
- w/ full knowledge of also of his
the effects and environment
consequences - His thoughts and
cations are influenced
by his upbringing,
social environment
 and asso.
2. Purpose of penalty Retribution Reformation
- An eye for an eye, a -the penalty shld be corrective
tooth for a tooth or curative to reform him or
- He shld be given what bring him back to his good
he deserves; a nature
commensurate -jail also called reformatories
punishment
3. Determination of the Pre-determined and rigid Case to case basis
penalty established by a specific - Arrived at after an
penalty for the offense individual examination
committed of the offender.
- Penalty is in direct - Penalty should be
proportion to the suited to the individual
crime committed offender bec the
purpose is to reform
him
4. Emphasis of the law On the offense and not on the On the offender and not on
offender the offense

NOTE: the rigid penalty in Book II under the classical theory is tempered by factors
approximating the positivist theory ( e.g. indeterminate sentence law, absolutory circumstances,
modifying, probation law, etc)

ECCLECTIC OR MIXED PHILOSOPHY – combines the good features of both the classical and the
positivist theories. Ideally, the classical theory shld be applied to grievous crimes, while the
positivist is made to apply on economic and social crimes

UTILITARIAN PHILOSOPHY - . The utilitarian theory of punishment seeks to punish offenders to

discourage, or "deter," future wrongdoing.

-Specific deterrence means that the punishment should prevent the same person from
committing crimes. Specific deterrence works in two ways. First, an offender may be put in jail
or prison to physically prevent her from committing another crime for a specified period.
Second, this incapacitation is designed to be so unpleasant that it will discourage the offender
from repeating her criminal behavior.

Rehabilitation is another utilitarian rationale for punishment. The goal of rehabilitation is to

prevent future crime by giving offenders the ability to succeed within the confines of the law.
Rehabilitative measures for criminal offenders usually include treatment for afflictions such as
mental illness, chemical dependency, and chronic violent behavior. Rehabilitation also includes
the use of educational programs that give offenders the knowledge and skills needed to
compete in the job market.

The utilitarian theory is "consequentialist" in nature. It recognizes that punishment has

consequences for both the offender and society and holds that the total good produced by the
punishment should exceed the total evil. In other words, punishment should not be unlimited.

B. CONCEPT OF REMEDIAL LAW

1. Public law vs Private law

PUBLIC LAW – deals with issues that affect the general public or the society as a whole.

PRIVATE LAW –affects the rights of individuals, families, businesses and deals with issues that
involve private matters.

2. Substantive law vs Remedial law

Substantive Law Remedial/adjective law
defines and regulates rights and duties prescribes the methods of enforcing those
regarding life, liberty or property which when rights and obligations created by substantive
violated gives rise to a cause of action law by providing a procedural system for
obtaining redress for the invasion of rights and
violations of duties
Creates vested rights Does not create vested rights
Prospective in application May be retroactive in applivation
Cannot be enacted by the SC SC is empowered to promulgate procedural
rules
3. Criminal law vs Criminal Procedure

CRIMINAL LAW – defines crimes, trats of their nature and provides for their
punishment

CRIMINAL PROCEDURE – lays down the procedure/processes by which an offender is made to

answer for the violation of criminal laws.

4. PRINCIPAL SOURCES OF REMEDIAL LAW

1. Constitution

2. Different laws creating the Judiciary, defining and allocatingjurisdiction to courts of

different levels

3. Procedural laws and rules promulgated by the SC ( e.g. Rules of Court)

4. Administrative orders
 5. Internal Rules

C. CONCEPT OF JUDICIAL POWER AND ROLE OF PHILIPPINE JUDICIAL SYSTEM

1. DEFINITION OF JUDICIAL POWER

Judicial power is the authority to settle justiciable controversies or disputes involving rights that
are enforceable and demandable before the courts of justice or the redress of wrongs for
violations of such rights. ( ART VIII, sec 1(1)

- Vested in the Supreme Court and such lower courts as may be established by law.

Judicial power includes:

1. The duty of the courts to settle actual controversies involving rights which are legally
demandable and enforceable; and
2. To determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.

2. RULE-MAKING POWER OF THE SUPREME COURT

Sec 5(5), Art. VIII - Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the under-privileged

3. LIMITATIONS ON THE RULE-MAKING POWER OF THE SC

1. .It shall provide a simplified and inexpensive procedure for the disposition of cases

2. The rules must be uniform for all the courts of the same grade

3. The rules must not diminish, increase or modify substantive rights

4. The power to admit attorneys to the bar is not an arbitrary & despotic one, to be
exercised at the pleasure of the court, or from passion, prejudice or personal hostility,
but is the duty of the court to exercise and regulate it by a sound and judicial discretion.
( Andrews vs Cabrera, 127 S 802)
 4. POWER OF SC TO AMEND AND SUSPEND PROCEDURAL RULES

1) When compelling reasons so warrant or when the purpose of justice requires it. What
constitutes and good and sufficient cause that would merit suspension of the rules is
discretionary upon courts. (CIR v. Migrant Pagbilao Corp., GR 159593, Oct. 12, 2006).

Reasons that would warrant the suspension of the Rules:

(a) the existence of special or compelling circumstances

(b) merits of the case

(c) cause not entirely attributable to the fault or negligence of the party favored by the
suspension of rules

(d) a lack of ay showing that the review sought is merely frivolous and dilatory

(e) the other party will not be unjustly prejudiced thereby (Sarmiento v. Zaratan, GR
167471, Feb. 5, 2007)

(2) To relieve a litigant of an injustice commensurate with his failure to comply with the
prescribed procedure and the mere invocation of substantial justice is not a magical incantation
that will automatically compel the Court to suspend procedural rules. (Cu-Unjieng v. CA, 479
SCRA 594)

(3) Where substantial and important issues await resolution. (Pagbilao, supra)

(4) When transcendental matters of life, liberty or state security are involved. (Mindanao
Savings Loan Asso. V. Vicenta Vda. De Flores, 469 SCRA 416).

(5) The constitutional power of the Supreme Court to promulgate rules of practice and
procedure necessarily carries with it the power to overturn judicial precedents on points of
remedial law through the amendment of the Rules of Court (Pinga vs. Heirs of Santiago, GR
170354, June 30, 2006).

5. ROLE OF JUDICIARY

The Judiciary is the bulwark of liberty and Judicial Independence is a cornerstone of our
democracy. Judicial Independence is vital and important to the idea of separation of powers.
The Judicial Department plays an indispensable role in the government as the administrator of
justice. It preserves the cohesiveness of the different governmental organs, always seeing to it
that they function in accordance with the Constitution. And inasmuch as the Philippines is a
government of laws and not of men, the judiciary protects the very essence of democracy being
guardian of rights and legal processes.
Thus, in order for the judiciary to function effectively and impartially, the Constitution
provides safeguards for its independence, to wit:
(1) The Supreme Court, as a constitutional body, cannot be abolished by law passed by the
Congress;
(2) Members of the Supreme Court can only be removed through impeachment;
(3) The Supreme Court cannot be deprived of its minimum and appellate jurisdiction; appellate
jurisdiction may not be increased without its advice or concurrence;
(4) The Supreme Court has administrative supervision over all inferior courts and personnel;
(5) It has exclusive power to discipline judges/justices of inferior courts;
(6) Members of the judiciary have security of tenure;
(7) Members of the judiciary may not be designated to any agency performing quasi-judicial or
administrative functions;
(8) Salaries of judges may not be reduced;
(9) The judiciary enjoys fiscal autonomy;
(10) The Supreme Court alone can initiate the Rules of Court;
(11) It alone may order temporary detail of judges; and
(12) It can appoint all officials and employees of the judiciary 1

D. NATURE/CONCEPT OF PHILIPPINE COURTS

Philippine courts are both courts of law and equity. Hence, both legal and equitable jurisdiction
is dispensed with in the same tribunal. (US v. Tamparong, 31 Phil. 321)

1. WHAT IS A COURT

(1) It is an organ of government belonging to the judicial department the function of which is
the application of the laws to the controversies brought before it as well as the public
administration of justice.

- It is a board or tribunal which decides a litigation or contest (Hidalgo v. Manglapus, 64 OG

3189).

1
 2. COURT VS JUDGE

(1) A court is a tribunal officially assembled under authority of law; a judge is simply an
officer of such tribunal;

(2) A court is an organ of the government with a personality separate and distinct from the
person or judge who sits on it;

(3) A court is a being in imagination comparable to a corporation, whereas a judge is a

physical person ;

(4) A court may be considered an office; a judge is a public officer; and

(5) The circumstances of the court are not affected by the circumstances that would affect the
judge

(6) a court possesses the elements of stability and permanency; a judge may come and go.

3. CLASSIFICATION OF PHILIPPINE COURTS

(1) Regular courts engaged in the administration of justice are organized into four (4) levels:

(a) First Level (MTCs, MeTCs, MCTCs) – which try and decide (1) criminal actions
involving violations of city or municipal ordinances

(b) Second Level (RTC)

(c) Third Level (Court of Appeals, Sandiganbayan)

(d) Fourth Level (Supreme Court)

(2) Special Courts – Family Court; Drugs Court, Sandiganbayan, CTA, Shari’a District Courts,
Shari’a Circuit Courts

(3) Collegiate Courts - SC, CS, SANDIGANBAYAN, CTA

(4) LOWER COURTS – all courts except the SC

(3) Quasi-Court/ Quasi-judicial Agencies

4. CONSTITUTIONAL AND STATUTORY COURTS

(1) A constitutional court is one created by a direct Constitutional provision. Example of this
court is the SC, which owes its creation from the Constitution itself. Only the SC is a
Constitutional court.

(2) A statutory court is one created by law other than the Constitution. All courts except the
SC are statutory courts. SB was not directly created by the Constitution but by law pursuant to a
constitutional mandate.

5. COURT OF LAW VS COURT OF EQUITY

COURT OF LAW – decide a case according to existing laws

COURT OF EQUITY – adjudicate controversy according to the common precepts of what

is right and just w/o inquiring into the terms of the statute.

E. OTHER CONCEPTS

A. HIERARCHY OF COURT vs DOCTRINE OFJUDICIAL HIERARCHY

HIERARCHY OF COURT – Court organization; ranking of courts

- This is an ordained sequence of recourse to courts vested with concurrent jurisdiction,

beginning from the lowest, on to the next highest, and ultimately to the highest. This
hierarchy is determinative of the venue of appeals, and is likewise determinative of the
proper forum for petitions for extraordinary writs. This is an established policy necessary
to avoid inordinate demands upon the Court’s time and attention which are better
devoted to those matters within its exclusive jurisdiction, and to preclude the further
clogging of the Court’s docket (Sec. 9[1], BP 129; Sec. 5[1], Art. VIII, Constitution of the
Philippines).
PRINCIPLE OF JUDICIAL HIERARCHY

- A higher court will not entertain direct resort to it unless the redress cannot be obtained in
the appropriate courts. The SC is a court of last resort. It cannot and should not be burdened
with the task of deciding cases in the first instances. Its jurisdiction to issue extraordinary writs
should be exercised only where absolutely necessary or where serious and important reasons
exist.

- The doctrine of hierarchy of courts may be disregarded if warranted by the nature and
importance of the issues raised in the interest of speedy justice and to avoid future litigations,
or in cases of national interest and of serious implications. Under the principle of liberal
interpretations, for example, it may take cognizance of a petition for certiorari directly filed
before it.

- As a matter of policy, direct resort to the Supreme Court will no longer be entertained unless
the redress cannot be obtained in the appropriate lower courts, and exceptional and compelling
circumstances, such as in the case of involving national interest and those of serious
implications, justify the availment of the extraordinary remedy of the writ of certiorari, calling
for the exercise of its primary jurisdiction. (Yee vs. Bernabe, 487 SCRA 385 [2006]).

DOCTRINE OF NON-INTERFERENCE OR DOCTRINE OF JUDICIAL STABILITY

(1) Courts of equal and coordinate jurisdiction cannot interfere with each other’s orders.
Thus, the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued
by another RTC. The principle also bars a court from reviewing or interfering with the judgment
of a co-equal court over which it has no appellate jurisdiction or power of review.

F. . MEANING AND CONCEPT OF CRIMINAL PROCEDURE

1. MEANING OF CRIMINAL PROCEDURE? It is the method prescribed by law for the

apprehension and prosecution of persons accused of criminal offense, and for their punishment
in case of conviction.

– lays down the procedure/processes by which an offender is made to answer for the violation
of criminal laws.

-The procedure starts with the initial contact of the alleged lawbreaker w/ the justice machinery
including the investigation of the crime and concludes either with a judgment exonerating the
accused or the final imposition of a penalty against him.

2. IMPORTANCE: -The enforcement of the criminal laws of the state inevitably leads to governmental
intrusions into an individual’s zones of privacy. Thus, in the prosecution for the violation of penal laws,
criminal procedure has the task of balancing societal interests between those of the government and
those of the individual.
- Balance/harmonize government’s duty to maintain law and order while at the same time
protecting the constitutional rts of its citizens.

3. SYSTEMS OF CRIMINAL PROCEDURE

Inquisitorial Accusatorial/adversarial
1. there is little use of judicial precedent Previous decisions by higher courts are binding
(case law). This means Judges are free on lower courts.
to decide each case independently of
previous decisions, by applying the
relevant statutes.
2. a Judge may carry out or oversee the The responsibility for gathering evidence rests
investigative phase. with the parties (the Police and the defence).
3. The examining Judge plays an active There is no examination phase, so an
role in the collection of evidence and independent evaluation of the evidence
interrogation of witnesses. collected during investigation is left to the trial.
4. The main function of a trial is to An adversarial system requires the prosecutor,
present the case to the trial Judge and, acting on behalf of the State, and the defence
in some cases, the jury, and to allow lawyer, acting on behalf of the accused, to
the lawyers to present oral argument in offer their version of events and argue their
public. case before an impartial adjudicator (a Judge
 and/or jury).

5. The Judge assumes the role of principal The Judge is a referee at the hearing.
interrogator of witnesses and the
defendant, and is under an obligation It is the Judge’s function to ensure that the
to take evidence until he or she court case is conducted in a manner that
ascertains the truth. observes due process. The Judge decides
whether the defendant is guilty beyond
It is the Judge that carries out most of the reasonable doubt (except in jury trials where
examination of witnesses, and evaluate all the jury performs that role), and determines
relevant evidence in reaching their decision the sentence.

MIXED SYSTEM – a combination of inquisitorial and accusatorial

4.SOURCES OF CRIMINAL PROCEDURE - These governed the pleading, practice, and

procedure of all courts as well as admission to the practice of law. All had the force and
effect of law.

1. Constitution;
2. The Revised Rules on Criminal Procedure

3. the revised penal code of 1930;

4. the New Rules of Court

5. Republic Acts

6. Presidential Decrees

7. Judicial decisions

8. Circulars

9. Civil code ( Art 32,33,34)

5. IN WHAT COURTS APPLICABLE? Sec 2 – These Rules shall apply in all the courts, except
as otherwise provided by the SC

6. IN WHAT CASES NOT APPLICABLE – Sec 4 – These Rules shall not apply to election cases,
land registration, cadastral, naturalization and insolvency proceedings, and other cases
not herein provided for, except by analogy or in suppletory character and whenever
practicable and convenient.
 7. CRIMINAL ACTION –one by which the State prosecutes a person for an act or omission
punishable by law. ( sec 3(b)

8. CONSTRUCTION – SEC. 6 – THESE Rules shall be liberally construed in order to promote

their objective of securing a just, speedy and inexpensive disposition of every action and
proceeding.

9. RULES ON RETROACTIVITY - It is a general rule that rules of procedure may be given

retroactive effect as far as it benefits the accused.

Binay vs Sandiganbayan, GR 120681-83 & 128136, )ct 1, 1999