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CJS-101-Chapter-3

The document outlines the structure and evolution of the Criminal Justice System (CJS) in the United States and the Philippines, highlighting the key components such as police, prosecution, courts, corrections, and community. It details the historical development of law enforcement in the Philippines, including the establishment of the Philippine Constabulary and various legislative acts that shaped the current police and prosecution systems. Additionally, it describes the functions and processes of the prosecution pillar, including preliminary investigations and the roles of different prosecutorial entities.

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pacestoda
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© © All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
7 views

CJS-101-Chapter-3

The document outlines the structure and evolution of the Criminal Justice System (CJS) in the United States and the Philippines, highlighting the key components such as police, prosecution, courts, corrections, and community. It details the historical development of law enforcement in the Philippines, including the establishment of the Philippine Constabulary and various legislative acts that shaped the current police and prosecution systems. Additionally, it describes the functions and processes of the prosecution pillar, including preliminary investigations and the roles of different prosecutorial entities.

Uploaded by

pacestoda
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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CRIMINAL JUSTICE SYSTEM

•In United States, the CJS initially made up of 3


key components – the police, the courts and
corrections.
•Philippines on the other hand is an influence
of US criminal justice system. But it added 2
additional pillars. These 5 pillars are police,
prosecutor, courts, corrections and
community.
BASIC FUNCTIONS AMONG
THE PILLARS IN THE CJS
• The word police originated from the Greek word
“politeia” meaning government of a city. It is
applied to civil officers and not necessarily for
policeman.
• The Romans changed the word slightly to
“politia”.
• The French changed the word to “police” and
applied it to person who actually enforces the law.
• The American borrowed the word intact form the
French and used it to describe a “law enforcer”
•1901 - ACT no. 175 of the Philippine
Commission established the
Philippine Constabulary on August 8,
1901.
•1917 - on December 17, 1917,
Brigadier General Rafael Crame from
Rizal Province, became the first
Filipino Chief of the Philippine
• 1938 - The Philippine Constabulary became the
existing and organized national police force of
the country pursuant to Commonwealth Act no.
343 dated June 23, 1938 and EO no. 389 dated
December 23, 1950. This decree integrated local
police forces into the Philippines Constabulary
operational and organizational set up.
• 1966 - Congress enacted RA no. 4864, the
“Police Act of 1966”. This law also created the
Police Commission (POLCOM).
• 1972 - The POLCOM was reorganized as the
National Police Commission.
• 1975 - PD 765 was enacted. This law is
called the Police Integration Law of 1975.
The Integrated National Police was
established with the Philippine Constabulary
as nucleus under the Department of
national Defense. The NAPOLCOM, originally
under the office of the President was
transferred to the Ministry of National
defense.
• 1989 - Executive order 379 placed the Integrated
National Police directly under the command,
supervision and control of the President. This order
vested the NAPOLCOM with the powers of
administrative control and supervision over the
Integrated National Police.
• 1990 - RA 6975 was passed on December 13,
1990 establishing the Philippine National Police
under a reorganized Department of the Interior
and Local Government (DILG). A new National
Police Commission was created under the DILG.
• 1998 - congress passed into law RA no.
8551 on February 25, 1998, otherwise
known as the Philippine National Police
reform and reorganization act of 1998. This
act strengthened and expanded
NAPOLCOM’s authority over the PNP to
include administration of police entrance
examination and conduct pre-charge
investigation against police anomalies and
irregularities and summary dismissal of
erring police members.
• The Americans established the United States
Philippine Commission headed by General Howard
Taft.
• He is the first governor-general.
• On January 9, 1901, the Metropolitan
Police Force of Manila was organized pursuant to
Act No 70 of the Taft Commission. This has become
the basis for the celebration of the anniversary of
the Manila’s Finest every January 9th.
•ACT NO 175 – entitled “An Act Providing for
the Organization and Government of an
Insular Constabulary”, enacted on July 18,
1901.

Henry T. Allen - Captain of the 6th US


Cavalry, a graduate of West Point class 1882.
Father of the Philippine Constabulary. The
first Chief of the Philippine Constabulary in
1901.
• ACT NO 183 - created the Manila Police
Department, enacted on July 31, 1901.
CAPT GEORGE CURRY - the first chief of police of
the Manila Police Department in 1901.
Act No 255 – the act that renamed the Insular
Constabulary into Philippine Constabulary,
enacted on October 3, 1901
Executive Order 389 – ordered that the Philippine
Constabulary be one of the four services of the
Armed Forces of the Philippines, enacted on
December 23, 1940.
•RA 4864 – otherwise known as the Police
Professionalization Act of 1966, enacted on
September 8, 1966; created the Police
Commission (POLCOM) as a supervisory
agency to oversee the training and
professionalization of the local police forces
under the Office of the President; later
POLCOM was renamed into National Police
Commission (NAPOLCOM).
• PD 765 – otherwise known as the Integration Act
of 1975,enacted on August 8, 1975;
established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC)
as the nucleus and the integrated local police
forces as components, under the Ministry of
National Defense
• Transferred the NAPOLCOM from the Office of the
President to the Ministry of National Defense
• Executive Order No 1012 – transferred to the city
and municipal government the operational
supervision and direction over all INP units assigned
within their locality; issued on July 10, 1985

Executive Order No 1040 – transferred the


administrative control and supervision of the INP
from the Ministry of National Defense to the National
Police Commission
• RA 6975 – otherwise known as the Department
of the Interior and Local Government Act of
1990,
enacted on December 13,1990; reorganized the
DILG and established the Philippine National
Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine
Public Safety College.
RA 8551 – otherwise known as the Philippine
National Police Reform and Reorganization Act
of 1998, enacted on February 25, 1998; this law
amended certain provisions of RA 6975.
THE PILLAR
2nd

PROSECUTION
3 Main Functions of the
Prosecution Pillar

To conduct To conduct
Preliminary Inquest
Investigation Proceeding

To act as the
lawyer of the
state in
criminal
prosecution
Philippine Prosecution System

● Adversarial – a system of prosecution otherwise


known as accusatorial which is being is being
adopted by most countries who have common laws
, whereby the victim or his representative have the
primary responsibility for finding and presenting
evidence to the court. The judge listens to the
accusation and determines the applicable
punishment to the accused .
● Inquisitorial this is used in some continental
countries wherein the judge searches the facts ,
listens to witnesses be taken and investigate to
proved the guilt or innocence of the accused .

● Mixed System it adopts both inquisitorial and


accusatorial, where the victim or his
representatives provides the facts, evidence and
testimony of witnesses to prove the guilt of the
accused. The judge will investigate and determine
the guilt of the accused beyond reasonable doubt
and its moral certainty.
Ombudsman (OMB) as Special Prosecutor
Formerly known as the Tanodbayan, the OMB is created
under Section 5, Article XI of the 1987 Constitution.
Mandate: (RA 6770), the Ombudsman Act of 1989
Powers and Functions:
• Fact-finding investigation
• Administrative Adjudication
• Preliminary Investigation
• Prosecution

• Public Assistance
• Enhance efficiency, effectiveness, transparency,
accountability, and responsiveness.
The Department of Justice (DOJ)
The Department of Justice (DOJ) obtains its functions
from Executive Order No. 292 (Administrative Code of 1987).
Its mandate is to uphold the rule of law and ensure the
effective and efficient administration of justice. It is the
principal law agency and legal counsel of the government. It is
headed by the Secretary of Justice, assisted by three
Undersecretaries, three Assistant Secretaries, the Chief State
Prosecutor, the Chief State Counsel, the Bureau of Corrections,
the Board of Pardons and Parole, and Support Services namely
the Technical Staff, Financial and Management Service,
Administrative Service and Management Service Office.
National Prosecution Service (NPS)
Assists the Secretary of Justice in the performance of
powers and functions of the Department relative to its role as
the prosecution arm of the government, particularly
investigation and prosecution of all criminal cases, except
those under the exclusive jurisdiction of the office of the
Ombudsman.
Officially constituted on April 11, 1978, with the
issuance of Presidential Decree No. 1275 by late President
Ferdinand Marcos Sr. The NPS consists of the Office of the
Chief State Prosecutor and the offices of the Regional State
Prosecutor, Provincial, and City Prosecutors. It likewise
abolished the position title of “fiscal” to “prosecutor” to reflect
more accurately the position’s basic functions.
National Prosecution Service (NPS)
In the passage of RA No. 10071, An Act Strengthening
and Rationalizing the National Prosecution Service. The Act
changes the title Chief State Prosecutor into Prosecutor
General who heads the National Prosecution Service.
Prosecutor General is assisted by five Senior Deputy
State Prosecutors (Formerly Assistant Chief State Prosecutors)
and a host of Senior Assistant State Prosecutors, Assistant
State Prosecutors, and Prosecution Attorneys. Regional,
Provincial, and City Prosecution Offices remain the same as
constituted in PD No. 1275.
The role of the government’s premier prosecution arm
was reaffirmed and fortified under Republic Act No. 10071.
Note: The NPS is under the supervision and control of the DOJ, NPS is considered as
the prosecutorial arm of the government.
1. To conduct Preliminary Investigation
2. To make proper recommendation during Inquest of
a case
3. To represent the government of state during the
prosecution of a case
4. To act as a Law Officer of the province or city in
the absence of Legal officer
5. To investigate Administrative Cases filed against
State Prosecutor
WHO MUST PROSECUTE
CRIMINAL ACTION?
•Allcriminal action either commenced by
complaint or by information shall be
prosecuted under the direction and control of
a public prosecutor.

• The private prosecutor may be authorized in writing by the Chief of the


Prosecution Office or the Regional State Prosecutor to prosecute the
case subject to the approval of the court.
PRELIMINARY INVESTIGATION
• Rule 112 of the Revised Rules of Criminal Procedure

• Section 1. Preliminary investigation defined;


when required. – Inquiry or proceeding to
determine whether there is a sufficient ground to
engender a well founded belief that a crime has
been committed and the respondent is probably
guilty thereof, and should be held for trial.

• NOTE: A prosecutor does not determine the guilt or


innocence of the accused but merely determines the
existence of “probable cause”
KINDS OF DETERMINATION OF
PROBABLE CAUSE
•The“Executive” determination – made by the
prosecutor during preliminary investigation and
by and officer when arresting under hot
pursuit arrest.

•The “Judicial” determination – made by the


judge to ascertain whether a warrant of arrest
and search warrant should be issued against
the accused.
PURPOSE/OBJECTIVE OF PI:
•To protect the innocent against hasty,
oppressive and malicious prosecution
•To secure the innocent from an open and
public accusation of trial
•To protect the state from useless and
expensive trials
WHO CONDUCTS PRELIMINARY
INVESTIGATION
• Provincial or City Prosecutors and their assistants;
• National and Regional State Prosecutors;
• Judges of the Municipal Trial Courts and Municipal
Circuit Trial Court; and
• Other officers as may be authorized by law.

• Ex.
Ombudsman – over administrative cases filed
against government officers or employees and
can impose administrative penalities
PRELIMINARY INVESTIGATION
PROCESS
1. Filing
of the complaint/sworn complaint-
affidavit of the complainant with
supporting documents

•address of the respondents;


•the affidavits of the complainant;
•the affidavits of his witnesses, and
•Other supporting documents.
“a process directed to a
person requiring him or her
2. Dismissal of the complaint to attendorandissuance
to testify at
of a subpoena the hearing or the trial of an
action, or at any
•From the filing of the complaint,
investigationtheconducted by a
investigating officer has ten (10) days
competent within
authority, or for
which to decide which of the thefollowing
taking of hisoption
or her
deposition”
to take:
•To dismiss the complaint – no ground
To required to
the respondents
conduct the investigation
to file his counter-affidavit
•To issue a subpoena towithin
the ten (10) days from
respondent –
receipt of the subpoena and
in case he finds the need tothe continue
complaint
with
the investigation (accompanied w/ a copy
of the complaint and its supporting
PRELIMINARY INVESTIGATION
PROCESS
3. Filing of counter-affidavit by the respondent
• Within ten (10) days from receipt of the subpoena, he
is required to submit his counter-affidavit, the affidavit
of his witnesses and the supporting documents relied
upon for his defense

NOTE: when the respondents does not submit his


counter-affidavit within the ten-day period granted him,
the investigating officer shall resolve the complaint
based on the evidence presented by the complainant.
PRELIMINARY INVESTIGATING
PROCESS
4. The prosecutor may set a clarificatory
hearing if necessary
•Within ten (10) days from the submission of
the counter-affidavit, other affidavits and
documents filed by the respondents, or
within ten (10) days from the expiration of
the period for their submission, a hearing
may be set by the investigating officer, if
there are facts and issues to be clarified
either from a party or a witness. (the hearing
PRELIMINARY INVESTIGATION
PROCESS

5. Determination by the
investigating officer
• Within ten (10) days from the
termination of the investigation, the
investigating prosecutor prosecutor
shall determine whether or not there is
sufficient ground to hold the
respondent for trial.
5.1 Resolution of investigator prosecutor

•If finds probable cause to hold the


respondent for trial – he shall prepare
both the resolution and information.
COMPLAINT
•If he –does
is a not
sworn find probable cause –
written statement charging a An accusation in writing
he shall recommend
person with an offense, the dismissal of the
charging a person with
complaint
subscribed by the offended
an offense, subscribed by
party, or any public officer
charged with the
VS the prosecutor and filed
enforcement of the law with the court.
violated
Complaint VS Information

Complaint Information

Subscribed The offended party, any peace The prosecutor.


by: officer or other officer charged
with the enforcement of the law
violated.
Where to Either in the court or the Court.
file: Prosecutor’s office.

Requirement Must be made under oath. Need not be


s: under oath.
PRELIMINARY INVESTIGATION
PROCESS
5. 2 Need for approval before filing or dismissal
• Within five (5) days from his resolution, he shall
forward the record of the case to the provincial or
city prosecutor or chief state prosecutor, or to
the Ombudsman or his deputy in cases of
offenses cognizable by the Sandiganbayan in the
exercise of its original jurisdiction.
• They shall act on the resolution within ten (10)
days from their receipt thereof and shall
immediately inform the parties of such action
PRELIMINARY INVESTIGATION
PROCESS
• Rule when recommendation for dismissal is
disapproved

• Where the investigating prosecutor, recommends the


dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or chief
state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter, may by
himself, file the information against the respondents, or
direct another assistant prosecutor or state prosecutor to
do so without conducting another preliminary
investigating
COMPLAIN SUBPOEN CLARIFICATOR RESOLUTIO
COUNTER
T A OR Y HEARING N
AFFIDAVIT
DISMISS
PRELIMINARY INVESTIGATION
PROCESS
• WHEN NOT REQUIRED?

• Incases of lawful warrantless arrest – “INQUEST


PROCEEDING”
• Waiver of article 125 of the RPC in writing, signed
by the accused in the presence of counsel.
• Art.125. DELAY IN THE DELIVERY OF DETAINDED
PERSONS TO THE PROPER JUDICIAL AUTHORITIES
• 12 hours – light penalties
• 18 hours – correctional penalties
• 36 hours – afflictive or capital penalties
INQUEST PROCEEDING
VALID – filing of case in court
•Is conducted when a person is lawfully
SUFFICIENT EVIDENCE but the arrest is
arrested without a warrant involving even
illegal/questionable – for further investigation
also an offense
INSUFFICIENT EVIDENCE which
but the requires
arrest is legala
preliminary investigation
– for further investigation
•
ItARRESTED
is formal and ILLEGALLY
summarywithout sufficient
and its purpose
isevidence – releasewhether or not the person
to determine
detained should remain under custody and
then charged in court.
END OF
PRESENTATION
PRESENTED BY: Mr. Mark Anthony Santos, RCRIM
COURT PILLAR
COUR
T
•Is the government body
officially assembled
under the authority of
law at the appropriate
time and place for the
administration of justice
through which 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 game, so to
speak

• Who determines the guilt or innocence of


the accused
FUNTIONS OF THE COURT
1. To protect the rights of the accused
2. To determined 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
VENU
E
•Refersto the place, location or
site where the case 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
2. JURISDICTION OVER THE OFFENSE
3. JURISDICTION OVER THE PERSON
OF THE ACCUSED
4. JURISDICTION OVER TERRITORY
KINDS OF JURISDICTION
1. JURISDICTION OVER THE SUBJECT
MATTER

it is the power to hear, determined


and decide the case on its nature as
determined by laws.
KINDS OF JURISDICTION
2. JURISDICTION OVER THE OFFENSE

It is the power to hear, determine


and decide the case based on its
imposable penalty.
KINDS OF JURISDICTION
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 of
arrest or by his voluntary submission.
KINDS OF JURISDICTION
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 COURT
- The highest Court in the Philippines.
- Court- of
Jurisdiction over
final appeal thatcriminal
affirms, cases where
modifies, the
- Vested withimposable
jurisdiction over appeals
penalty is ofmore
affirms or reverse judgement lowerthan six years of
courts.
from the decisions of the Regional Trial
imprisonment
Courts and
- If thecertain
case are quasi-judicial
not within the jurisdiction of
1. Supreme court agencies,- boards or commissions.
any other courts, the same lodge with the RTC
Jurisdiction over criminal cases where the
2. Court of Appeals imposable penalty
imprisonment or below
is six years of

3. Regional Trial Courts ( --formerly


If it covers only one municipality
known as court of
If it covers two or more
first instance) municipalities.

4. Municipal Trial Courts-in- Municipal


(formerly
the
Trial Court in the towns and cities
known as inferior
The equivalent of the Municipal(NCR)
Metropolitan Manila area Trial Court
courts) outside Metropolitan Manila are referred
to as Municipal Trial Courts in Cities.
5. Municipal Circuit Trial Court
6. Metropolitan Trial Courts
7. Municipal Trial Court in Cities
- Exclusive appellate jurisdiction
- Has over exclusive
appeals from the decisions
SPECIAL COURTS of the Commissioner
violations
jurisdiction
of the Anti-Graft
over
of Internaland
Revenue
Corrupt and theActCommissioner
Practices (Republic Act
- of
Equivalent to the Regional Trial
1. Court of Tax Courts
Appeals Customs
No. 3019),
in rank the on certain specific
Unexplained Wealth
Actissues.
(Republicto Act No. 1379)specified
and Circuit
other
2. Sandiganbayan- Equivalent
Established in the
certain
Municipal
crimes
provinces orin felonies
Trial Courts Mindanaocommitted
where theby
3. Shari’a District
public
Muslim Courts
officials
Code on and employees
Personal Laws is in
relation
being to their office, including
enforced.
4. Shari’a CircuitthoseCourtsemployees in government-
owned or controlled corporations
COLLEGIATE COURTS
1. Supreme Court
2. Court of Appeals
- - Composed of one Chief Justice and
- One
One Presiding
Presiding
- Presiding
Justice and
Justice 14sixty eight
Associate
fourteen Associate
Judge Justices
and two Associat
3. SandiganbayanJustices
Associate
Judges
Justices

4. Court of Tax Appeals


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
8. Municipal Circuit Trial Court
9. Shari’a District Courts
10. Shari’a Circuit Courts
WHERE SHALL CRIMINAL
ACTIONS BE INTITUTED?
- Office of the public
• Rule 110 of The Revised Rules of Criminal
prosecutor/fiscal’s
Procedure
office
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.
WHERE SHALL CRIMINAL
ACTIONS BE INTITUTED?
• Rule 110 of The Revised Rules of Criminal Procedure
Section 1. Institution of criminal actions. – Criminal
actions shall be instituted as follows:
(b) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit
Trial Court, or the complaint with the office of the prosecutor.

In Manila and other chartered cities, the complaint shall be


filed with the office of the prosecutor unless otherwise
provided in their charters
COURT PROCEEDING
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 guilty or not guilty.
WHEN IS PLEA CONSIDERED
NOT GUILTY?
TAKE NOTE!
•When the accused refuses to
• The accused must be present at the
plead or
makes a conditional
arraignment and plea,
must a plea of not
personally
guilty shall
enter be
his entered
plea. for him.
Both arraignment and
•When pleatheshall be madepleads
accused of record, but but
guilty
failure to do so shall not affect the
presents exculpatory evidence,
validity of the proceedings
his plea
shall be deemed withdrawn and a plea
of not guilty shall be entered for him
Pre – Trial
•Itshall 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
TRIAL (ORDER OF TRIAL)
•A) 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)
•B) The accused may present evidence to
prove his defense, and damages, if any,
arising from the issuance of a provisional
remedy in the case.
PROSECUTION
• Direct examination – public
prosecutor
• Cross examination – defense
lawyer
• Re-direct examination –
public prosecutor
• Re-cross examination –
defense lawyer
TRIAL (ORDER OF TRIAL)

•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.

•E) 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
JUDGEMENT
•Adjudicationby the court that the accused is
guilty or not guilty 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 language,


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 JUDGEMENT
•a)If the judgement 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)
CONTENTS OF JUDGEMENT
•a) If the judgement is conviction, it shall state
3. The penalty imposed to the accused;

4. The civil liability or damages caused by


his wrongful acts or omission to be recovered
from the accused by the offended party, if there
is any.
CONTENTS OF JUDGEMENT
•a) If the judgement 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 judgement shall


determine if the acts or omission from which
the civil liability might arise did not exist.
WHEN JUDGEMENT OF
CONVICTION IS FINAL?
•Afterthe lapse of 15 days to appeal;
•When the accused waived his right to appeal;
•When the accused applies for probation;
•When the case is decided with finality by the
Supreme Court and the to file motion to
reconsideration is closed.
NEW TRIAL AND MOTION FOR
RECONSIDERATION

•At any time before a judgement 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.
Ground for new trial
•(a) The errors of law or irregularities
prejudicial to the substantial rights of the
accused have been committed during the
trial;

•(b)The new and material evidence has been


discovered which the accused could not with
reasonable diligence have discovered and
produced at the trial and which if introduced
and admitted would probably change the
GROUNDS FOR
RECONSIDERATION

•Errorsof law or fact in the


judgement, which requires no
further proceedings
APPEAL
• Any party may appeal from a judgement or final order,
unless the accused will be place 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 APPEAL TO BE TAKEN
•An appeal must be taken within fifteen (15) days
from promulgation of the judgement or from notice
of he 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
END OF PRESENTATION
GOOD LUCK AND GOD
BLESS

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