COURT

It is the government body officially assembled under the authority of law at the
appropriate time and place for the administration of justice through which the state
enforce its sovereign rights and powers.
JUDGE
• A public officer so named in his written evidence of appointment (commission) assigned
to preside over and to administer the law in a court of justice.
• Make sure that attorneys (prosecutors or defense) play by rules of the games, so to speak
Who determines the guilt or innocence of the accused
FUNCTIONS OF THE COURT
1. To protect the rights of accused
2. To determine by all legal means whether a person is guilty of a crime
3. To protect the society
4. To prevent and reduce criminal behavior
5. Administrative Role
VENUE
Refers to the place, location or site where the cases is to be heard on its merits.
JURISDICTION
The authority of the court to hear and try a particular offense and to impose the punishment
provided by the law.
KINDS OF JURISDICTION
1. JURISDICTION OVER THE SUBJECT MATTER
It is the power to hear, determine and decide the case on its nature as determined by laws.
2. JURISDICTION OVER THE OFFENSE
It is the power to hear determine and decide the case based on its imposable penalty.
3. JURISDICTION OVER THE PERSON OF THE ACCUSED
It is the power to hear determine and decide the case when the person is brought to court
either by virtue arrest or by his voluntary submission
4. JURISDICTION OVER TERRITORY
It is the power to hear determine and decide the case when the act is committed or any of
its essential elements occurred within its territory

COURTS IN THE PHILIPPINES

1. REGULAR COURTS
2. SPECIAL COURTS
3. COLLEGIATE COURTS
4. LOWER COURTS
 REGULAR COURTS
1. Supreme Court- The highest court in the Philippines, it is the court of final appeal that
affirms modifies, affirms or reverse judgements of lower courts.
2. Court of Appeals - Vested with jurisdiction over appeals from the decisions of RTC
Regional Trial Court and certain quasi-judicial agencies boards, commissions.
3. Regional Trial Courts (Formerly known as court of first instance)- Jurisdiction over
criminal cases where the imposable penalty is more than six years of imprisonment. If the
cases are not within the jurisdiction of any other courts the same are lodge with the RTC.
4. MUNICIPAL TRIAL COURTS (Inferior courts) Jurisdiction over criminal cases
where the imposable penalty is six years of imprisonment or below, if it covers only one
municipality.
5. Municipal Circuit Trial Court- If it covers two or more municipalities.
6. Metropolitan Trial Courts- MTC in the towns and cities in the metropolitan Manila
Area (NCR)
7. Municipalities Trial Court in Cities - The equivalent of the Municipal Trial Courts
outside Metropolitan Manila ae referred to as Municipal Trial Courts in Cities.
COLLEGIATE COURTS (composed of more than 1 judge/justices)
1. Supreme court- 1 Chief Justice and 14 associate justices
2. Court of Appeals- 1 presiding Justice and 68 associate justices
3. Sandiganbayan- 1 presiding Justice and 14 associate justices
4. Court of Tax Appeals- 1 presiding Justice and 2 associate justices

LOWER COURTS
1. Court of Appeals
2. Sandiganbayan
3. Court of Tax Appeals
4. Regional Trial Courts
5. Metropolitan Trial Courts
6. Municipal Trial Court in Cities
7. Municipal Trial Courts (lowest court)
8. Municipal Circuit Trial Court
9. Sharia District Courts
10. Sharia Circuit Courts
WHERE SHALL CRIMINAL ACTIONS BE INSTITUTED?
Rule 110 of The Revised Rules of Criminal Procedure Section 1. Institution of criminal
actions. - Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule
112, by filing the complaint with the proper officer for the purpose of conducting the
requisite preliminary investigation.
 (b) For all other offenses, by filing the complaint or information directly with the Municipal
Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor.

COURT PROCEEDING
1.Arraignment And Plea
2. Pre- Trial
3. Trial
4. Judgement
5. New Trial or Reconsideration
6. Appeal

ARRAIGNMENT AND PLEA - Section 1. Arraignment and plea; how made.

• (a) The accused must be arraigned before the court where the complaint or information was
filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, reading the same in the
language or dialect known to him, and asking him whether he pleads quilty or not quilty.

PRE-TRIAL -It shall be held within thirty (30) days after arraignment
 Plea bargaining
 Stipulation of facts
 Marking or identification of evidence
 Waiver of objections to admissibility of evidence
 Modification of the order of trial
 Such matter as will promote a fair and expeditious trial of the criminal and civil aspects
of the case

TRIAL (ORDER OF TRIAL) - The prosecution shall present evidence to prove the charge
and, in the proper case, the civil liability. (Direct exam-cross examination/ re-direct-re-cross)
The accused may present evidence to prove his defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.

Direct Examination
 This is when the lawyer who called a witness asks questions to get the witness to tell their
story or provide evidence.
 The goal is to support the lawyer’s case by having the witness explain facts or events
clearly.
 Only open-ended questions are usually allowed (e.g., “What did you see?”).

2. Cross-Examination
 After direct examination, the opposing lawyer questions the same witness.
  The goal is to challenge or weaken the witness’s testimony.
 Lawyers use leading questions (questions that suggest the answer, e.g., “Isn’t it true
that…?”).
 This can reveal inconsistencies or test the credibility of the witness.

3. Re-Direct Examination
 After cross-examination, the original lawyer can ask additional questions.
 The purpose is to clarify or explain points that came up during cross-examination.
 No new issues can be raised; just to address matters from the cross-exam.

4. Re-Cross Examination
 The opposing lawyer may again ask questions related only to the re-direct examination.
 This is the last chance to question the witness on the issues raised during re-direct.

c. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing
upon the main issue.

d) Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda. When the
accused admits the act or omission charged in the complaint or information but interposes a
lawful defense, the order of trial may be modified

JUDGEMENT
Adjudication by the court that the accused is quilty or not quilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if any.

It must be written in the official lanquage, personally and directly prepared by the judge and
signed by him and shall contain clearly and distinctly a statement of the facts and the law upon
which it is based.

CONTENTS OF JUDGMENT
a) If the judgment is conviction, it shall state
1.The legal qualification of the offense constituted by the acts committed by the accused and
the aggravating and mitigating circumstances W/c attended its commission;
2. The participation of the accused (principal, accomplice, accessory)
B. If the judgment is conviction, it shall state
3.The penalty imposed to the accused;
4. The civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any.

If the judgment is acquittal, it shall state Whether the evidence of the prosecution absolutely failed to prove the guilt
of the accused or merely failed to prove his guilt beyond reasonable ground. Note: in either case, the judgment shall
determine if the act or omission from which the civil liability might arise did not exist.
WHEN JUDGMENT OF CONVICTION IS FINAL?
 After the lapse of 15 days to appeal;
 When the accused waives his right to appeal;
 When the accused applies for probation;
 When the case is decided with finality by the Supreme Court and the right to file motion
for reconsideration is closed.
NEW TRIAL AND MOTION FOR RECONSIDERATION At any time before a judgment of
conviction becomes final, the court may, on motion of the accused or at its own instance but with
the consent of the accused grant a new trial or reconsideration.
A. Errors of law or irregularities
B. New and material evidence has been discovered

Grounds for reconsideration:

1. Errors of law or fact in judgement which requires no further proceedings.
APPEAL
Any party may appeal from a judgment or final order, unless the accused will be placed in
double jeopardy
(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in
cases decided by the Regional Trial Court; and
(c) To the Supreme Court, in cases decided by the Court of Appeals.
WHEN APPEALTO BE TAKEN
•An appeal must be taken within fifteen (15) days from promulgation of the judgment or from
notice of the final order appealed from. This period for perfecting an appeal shall be suspended
from the time a motion for new trial or reconsideration is filed until notice of the order
overruling the motion shall have been served upon the accused or his counsel at which time the
balance of the period begins to run