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Cjs Revier

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0% found this document useful (0 votes)
17 views8 pages

Cjs Revier

Uploaded by

Mary Joy Cadiz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CRIMINAL JUSTICE SYSTEM REVIEWER

In criminal and civil cases, the government must prove beyond “reasonable doubt” that the
suspect committed a crime.
False
National in scope simply means that it covers the whole national capital region.
False
Rotchito is referred to as a criminal because the court found him guilty beyond reasonable
doubt as charged and the judgment has been rendered.
False
When the police catch an offender while in the commission of crime belongs to the crime
prevention role of the PNP.
False
Arraignment is a formal reading of the charges against the accused.
True
This is a valid arrest when the person to be arrested is attempting to commit an offense.
True
When a case has been filed in court and during the trial he is referred to as the respondent.
False
The Philippine national police is under the operational supervision and administrative control of
DILG.
True
There are a total of four pillars in the cjs.
False
Police are considered the fiorst contact of the law violator in the CJS process.
True
RA 9708 provides for the new promotion system in the Philippine national police.
True
The Philippine national police is under the operational supervision of the mayor.
True
Anything that defines crimes, treats of their nature and provides for their punishment is a
Criminal justice process.
False
The law that creates the dangerous drug board was republic act 9165.
True
The national bureau of investigation is under the supervision and control of DILG.
False
Property intended to be used as the means of the commission of the offense must be
confiscated during the conduct of search even if it is not included in the search warrant.
True
Peter,
False
This means that those who are accused of crimes are considered innocent until proven guilty.
PRESUMPTION OF INNOCENCE
The assistant secretary of pdea is also appointed by the President.
True
The court decides whether to filr a case based on evidence or dismiss the same.
False
Presumption of innocent can be determined by the accused.
True
The national bureau of investigation became known as such starting October 7, 1944.
False
This are used to enforce those standards of conduct which are deemed necessary to protect
individuals and maintain general community being well.
Substantive Law
It was on febuary 25, 1998 when republic act 8551 was approved.
True
The criminal as well as the victim are the main character of the CJS
False
Criminal law refers to the machinery of the state or government which enforces the rule of
conduct
False
The arrest made against chito was not valid
False
Civilian character of the PNP retains as part of military
False
Pat Billy and Pat Gerry have their possession a copy of search warrant/
Continue with the conduct of search
The police officer upon arriving at searching area break the door and upon entry look for the
stolen articles written on the search warrant
True
The national police commission has the power of administrative control and supervision over
the pnp.
True
In the stages of criminal justice process sentencing is considered the fourth stage
True
The power to enforce laws are only given to the pnp.
False
Patrolman langreo
True
This is a valid search when the police officer was allowed by the owner to do the search even
without the search warrant.
True
Its violations are the only thing being considered and processed in the CJS.
Criminal law
An arrest can be made by virtue of a warrant or even without a warrant
True
Where no violation of criminal law or where no commission of the crime criminal justice as a
process will operate
False
Corrections adjudicate penalty for the accused if found guilty
False
Law enforcement patrol has been described as the backbone of the police department
False
RA 9708 is the law that reforms and reorganized the Philippines national police
False
The prosecution determines what particular crime shall be formally filed against the suspect
True
Criminal law provides that an accused shall be presumed innocent until proven guilty.
False
This is sufficient to convict an accused of a criminal act
Burden of proof
During the determination of the probable cause
True
It defines the element that necessary for an act to constitute as a crime and therefore
punishable
Substantive Law
Crime prevention eliminates the opportunity of the suspect to commite the crime.
True
The department of interior and local government act of 1990 was approved on august 12, 2009
False
The statute is procedural when it is appropriate for the enforcement of the substantive criminal
law
True
THIRD PILLAR: COURT
The court, as the third pillar, is said to be the centerpiece of the criminal justice system
and its 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. It is
within the power of this pillar to end the process for the accused or to proceed with the next
pillar, which is the correction.
- 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.
- a 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 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. It is vested in one Supreme
Court and in such lower courts as may be established by law.

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 accordance with the Constitution when the matter is raised.

NOTE: All courts have judicial power but only the Supreme Court has the power of judicial
review.

JURISDICTION
It is the authority of the court to hear and try a particular offense and to impose the
punishment provided by law.
VENUE
Refers to the place, location or site where the case is to be heard on its merits.

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:


The offense is one which the court is by law authorized to take cognizance of
The offense must have been committed within its territorial jurisdiction
The person charged with the offense must have been brought to its presence for trial, forcibly,
by warrant of arrest or upon his voluntary submission to the court.

KINDS OF JURISDICTION
General – when the court is empowered to decide all disputes which may come before it
except those assigned in other courts.
Limited – when the court has the authority to hear and determine only a few specified cases.
Original - when the court can try and hear a case presented for the first time
Appellate – when the court can try a case already heard and decided by a lower court, removed
from the latter by appeal
Exclusive – when the court can try and decide a case which cannot be presented before any
other court
Concurrent – when any of two or more courts may take cognizance of a case.

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129


- otherwise known as the Judiciary Reorganization Act of 1980 which defines the
organization, composition and jurisdiction of the courts.

I. REGULAR COURTS
1. SUPREME COURT (SC)
the highest court of the land.
composed of a Chief Justice and 14 Associate Justices.
has appellate jurisdiction over cases decided by the Court of Appeals and has the power of
judicial review.
the court of last resort

2. COURT OF APPEALS (CA)


headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.
has appellate jurisdiction over cases decided by the Regional Trial Courts.
It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also
those of the Court of Tax Appeals

3. REGIONAL TRIAL COURTS (RTC)


presided by a Regional Judge.

has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with
imprisonment of six (6) years and one (1) day and over.
has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC.

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial


Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses
punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, (c)
damage to property through criminal negligence.
MUNICIPAL TRIAL COURTS (MTC)
- every municipality in the Philippines has its own Municipal Trial Court and every MTC
covers only one municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)


- These are the equivalent of the Municipal Trial Courts in cities outside Metropolitan
Manila.

MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)


- A Municipal Circuit Trial Court is a municipal trial court which covers two or more
municipalities.

METROPOLITAN TRIAL COURTS (MeTC)


- are Municipal Trial Courts in the cities in the Metropolitan Manila Area as distinguished
from the other political subdivisions in the Philippines.

II. SPECIAL COURTS

1. SANDIGANBAYAN
created under Presidential Decree No 1606.
Its rank or level is equal to that of the Court of Appeals and Court of Tax Appea

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