0% found this document useful (0 votes)
25 views21 pages

CLJ1A MODULE3 Lesson3

Justice system

Uploaded by

markgabica17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
25 views21 pages

CLJ1A MODULE3 Lesson3

Justice system

Uploaded by

markgabica17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 21

PhilCST

PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice


OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

MODULE III. PHILIPPINE CRIMINAL JUSTICE SYSTEM PILLARS


LESSON 3: The Center Pillar: Philippine Court System

Learning Objectives:
At the end of the lesson, the student should be able to:
1. Discuss the common terms related to the court pillar.
2. Discuss the organization of the Philippine Court System.
3. Identify the different jurisdiction of Philippine courts.
4. Explain the proceedings in court in the Philippine Criminal Justice System.

Concept/Discussion:
In this lesson, you will understand that the court plays a dual role in the Philippine Criminal
Justice System – as participants and supervisor of the latter’s process and dissention, distinguish
the organization of courts in the Philippines and the level of hierarchy of each court, determine
the different cases handled by the different courts in our country, and understand the court
proceedings in the criminal justice system and to process a person. In its role as participants, the
court determines for the guilt or innocence of the accused. The courts are responsible for the trial
process. As supervisor, the court acts as important guardian of human rights.

Court is situated between the Prosecution and Correction. The court is the centerpiece of
the five pillars, as such; it performs perhaps the most important role in the administration of
justice because it is the court that everyone turns to for justice. It is impossible for applying the
criminal law against defendants who commit crimes, but at the same time protecting the same
violations from the violation of their rights by criminal justice agents.

THE ROLES OF THE COURT IN THE SYSTEM:


• To settle actual controversies involving rights which are legally demandable and
enforceable.
• To determine whether there has been grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch of instrumentality of the government.
• To render authoritative judgments.
• The final arbiter for justice
• The frontline of Democracy freedom and human dignity
• The only institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the state and society.
• It is to the court that everyone turns to for justice.
• It is twisted as a shield of innocence in the impartial guardian of every private civil
rights.
• It is in court that our citizens primarily feel the keen cutting edge of the law.
• The only constitution capable of identifying and maintaining the proper balance
between the conflicting rights of the state and society.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

COURTS FUNCTION

1. Keeping Peace – “The Primary functions of any court system in any nation – to help
keep domestic peace – is so obvious that it is rarely considered or mentioned. If
there were no agency to decide impartially and authoritatively whether a person had
committed a crime and if so, what should be done with him, other person offended
by his conduct would take the law into their own hands and proceed to punish him
according to their uncontrolled discretion.
If there were no agency empowered to decide private disputes and
authoritatively, self-help, quickly degenerating to physical violence, would prevail and
anarchy would result. Not even a primitive society could survive under such
conditions. As social order would be destroyed. In this most basic sense, courts
constitute an essential element in society’s machinery for keeping peace.

5. Deciding Controversies – in the course of helping to keep the peace, courts are called
upon to decide controversies. If, in a criminal case, the defendant denies committing
the acts against him, the court must choose between his version of the facts and
prosecution’s, and if he asserts that his conduct did not constitute a crime, the court
must decide whether his view of the law or the prosecution’s is correct…The issues
presented to, and decided by the court maybe either factual, legal or both.

6. Administrative Role – it would be a mistake, however, to assume that courts spend


all of their time deciding controversies. Many cases brought before them are not
contested. They represent potential, rather than actual, controversies in which the
court’s role is more administrative than adjudicatory. The mere existence, the
exclusive and concurrent jurisdiction of the Sandiganbayan.

TERMINOLOGIES
1. Court – is governmental body 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 power (21 CJS, 16)

2. Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and
Joaquin)

3. Venue – is the site or location where the case is to be tried on the merits.

4. Bail – is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, conditioned upon his appearance before any court as required
under the conditions hereinafter specified. Bail maybe given in the form of corporate
surety, property bonds, cash deposit or recognizance (Sec. 1, Rule 114)

5. Judgment – is the adjudication by the court that accused is guilty or not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided
for by law on the accused (Sec. 1, Rule 120)
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

COURT ROOM WORK GROUP


• COURT ADMINISTRATORS – created
through P.D. 828 in 1975, the Office of
the Court Administrator (OCA) was
established to help the Supreme Court
in its administrative supervision over all
the courts in the country.

• DEPUTY COURT ADMINISTRATOR - they


will assist the Court Administrators in
supervising over 2,600 judges and 25,
000 court personnel across the country.
They are assigned to supervise trial
courts in certain regions.

• COURT CLERKS-the clerk shall exercise


powers and perform duties in regard to
all matters within its jurisdiction.

• PRESIDING JUDGE – a person who is hearing


and presiding over a trial.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

• COURT BAILIFF - are law enforcement officers


whose main role is to maintain order during
courtroom proceedings. Judges depend on bailiffs
to ensure that the public, jury, legal teams,
witnesses and defendants proceed through trials
and other court proceedings with the required
decorum.

• COURT DECONGESTION OFFICER – a


person trained to handle the
decongestion of the court dockets of
heavily burdened courts.

• COURT REPORTERS-
sometimes referred to
as court stenographers,
these people report
everything said in court.
The reporter shall
prepare and publish
with each reported
decision a concise
synopsis of the facts
necessary to a clear
understanding of the
case.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Typical Courtroom

Figure 1. Sandiganbayan Fifth Division Courtroom


PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Organization of Courts in the Philippines


The Philippine Judiciary is a hierarchical organization consisting of four levels, with the
Supreme Court at the top tier exercising administrative supervision over all courts and court
personnel and wielding jurisdiction to “review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final judgments or orders of lower courts”
cases specified in Article VIII, section 5(2) of the 1987 Constitution. Within each level, the courts
are coordinate and equal and do not enjoy review jurisdiction over each other’s decisions,
resolutions, writs, and processes. The third level courts are collegiate courts, working in divisions
of at least three Justices; the second and first level courts are single-judge courts and are the trial
courts and finders of fact at the first instance.

LEVEL OF HIERARCHY
In the Philippines the regular courts engaged in the administration of justice are organized
into four (4) levels. At the highest level is the Supreme Court and as above stated it is in it and the
lower courts- those at the three (3) other levels that judicial is vested. They are collectively known
as the judiciary. As thus organized, they comprise that is referred to as the integrated judicial
system. This system is depicted in the following:

1. FIRST LEVEL COURTS- at the first level are the metropolitan Trial Courts, the Municipal
Trial Courts in Cities/Municipalities, and Municipal Circuit Trial Courts. Courts of the first
level are essentially trial courts. They try and decide only the particular types or classes of
cases specified by law.

2. SECOND LEVEL COURTS- at the second level are regional Trial Courts (RTCs). The
Philippines is divided into thirteen (13) regions; the National Capital Judicial Region. (The
Metro Manila Area) and twelve (12) others (group of two or more cities and provinces)
from Region 1 in the North to Region XII in Mindanao. In each region there is an RTC,
composed of several branches.

3. COURT OF APPEAL- at the third level is the Court of Appeal. It is essentially an Appellate
Court, reviewing cases appealed to it from regional trial courts.

4. SUPREME COURT- the Supreme Court is the highest court of the land. It is a review court.
It is the court of the court of the last resort, for no appeal lies from its judgments and final
orders. In jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts.
As a rule, only question of law may be raised as appeal.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

EXTRA ORDINARY JURISDICTION- this involves cases of quite serious character


such, for instance, as where the lower court has acted without or in excess of
its jurisdiction or has gravely abused its discretion or unlawfully deprived a
person of his liberty.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

ORGANIZATION OF COURTS
1. Regular Courts
The Philippine Judicial System consists of a hierarchy of courts assembling a pyramid with
the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980 otherwise
known as the Batas Pambansa Big. 129 (Rep. Act No. 129), the other regular courts are;
• INTERMEDIATE APPELATE COURT- this operates in ten (10) divisions, each
comprising five (5) members. The court sits in banc only to exercise
administrative, ceremonial or either non-adjudicatory functions;
• REGIONAL TRIAL COURT- one which is presided by 720 Regional Trial Judges in
each of the thirteen (13) regions of the court.
• METROPOLITAN TRIAL COURT- in each metropolitan area, established by law area
Municipal Trial Court in every city not forming a part of the Metropolitan area; as
well as a Municipal Circuit Trial Court in each area defined as a municipal circuit
comprising of one or more cities and/or one or more municipalities grouped
together according to law.

2. Special Courts
Aside from the above-mentioned courts, there are also under present laws some
special courts. These are the following:
• COURT OF TAX APPEALS- created under the REP. ACT NO. 1125, as amended, this
special court has exclusive appellate jurisdiction to review on appeal the decisions
of the Commission of Internal Revenue involving internal revenue taxes and
decisions of the Commissioner of Customs involving customs duties.
• SANDIGANBAYAN- the Constitution provides that the National Assembly shall
create a specialized court, popularly known as ‘Sandiganbayan’. The creation was
made possible by Presidential Decree No. 1606.

3. Quasi-Judicial Agencies
There are administrative bodies under the executive branch performing quasi-
judicial functions, like the National Labor Relations Commission (NLRC), employees
Compensation Commission (ECC), Board of Transportation (BT) etc. and the Independent
Constitutional Commissions which do not form a part of the integrated judicial system.
The same is true of the court Martial pertains to the President as Commander in Chief,
independently of legislation to aid him property in commanding the Armed Forces and
enforcing the required discipline.

4. Barangay Courts
Presidential Decree No. 1508 dated June 11, 1978, creates in each barangay a
body to be known as ‘Lupong Tagapamayapa’ (Barangay Courts) which shall constitute a
system of amicably setting disputes at the barangay level, to help relieve the courts of
docket congestion and thereby enhance the quality of justice disposed by the courts.
Barangays as the term used in Presidential Decree No. 1508, refers not only to the barrios
which were declared barangays by Presidential Decree No. 557 but also to barangays
otherwise known as citizens Assemblies pursuant Presidential Decree No. 86.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Court Jurisdiction

Adjudication of Cases
Under Article VIII, §1, the judicial power is vested in “one Supreme Court and in such
lower courts as may be established by law.” This judicial power is exercised through the judiciary’s
primary role of adjudication, which includes the “duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and 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.”

DIFFERENT JURISDICTION OF COURTS

❖ JURISDICTION OF THE SUPREME COURT (SEC 5 ART. VIII OF THE 1987 CONSTITUTION.)
Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
1. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c) All cases in which the jurisdiction of any lower court is in issue.
d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e) All cases in which only an error or question of law is involved.
2. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
3. Order a change of venue or place of trial to avoid a miscarriage of justice.
4. 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 underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not diminish, increase, or modify substantive
rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

At the top tier of the judicial hierarchy is the Supreme Court. It is presided over by a Chief
Justice and is composed of 14 other Justices. The Court may adjudicate En Banc or in divisions of
three, five or seven Justices each. Currently, the Supreme Court is organized into the En Banc and
three divisions of five (5) Justices each.

Under the Constitution, it has supervision over the courts, judges, and court personnel. Its
members sit until retirement at age 70 or unless sooner removed by reason of ill health, death or
conviction after impeachment.

Decisions of the Court, whether sitting en banc or in division, are imbued with
authoritativeness and, unless reconsidered by the Court, are considered part of the law of the
land.

The Supreme Court has both original and appellate jurisdiction. It exercises original
jurisdiction (cases are directly filed with it in the first instance without first passing through any
of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII,
§5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental
writ of kalikasan. It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm
final judgments, and orders of the lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.

(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved. (Art. VIII, §5(1), (2))
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The Supreme Court has the power to promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all courts (Constitution 1987, Art. VIII, Sec. 5[5]).
These rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, be
uniform for all courts of the same grade, and shall not diminish, increase or modify substantive rights (Art.
VIII, Sec. 5[5]).

The Supreme Court, sitting En Banc, has administrative supervision over all courts and the personnel
thereof (Constitution 1987, Art. VIII, Sec. 6). Justices of the third level courts and judges of the second and
first level courts are appointed by the President of the Philippines from a shortlist provided by the Judicial
and Bar Council. The Supreme Court can however assign temporarily judges of lower courts to other stations
as public interest may request. Such temporary assignment shall not exceed six months without the consent
of the judge concerned (Constitution 1987, Art. VIII, Sec. 5[3]). The Supreme Court has supervision over the
Judicial and Bar Council, which has the principal function of recommending appointees to the judiciary. (Art.
VIII, Sec. 8[5]). The Supreme Court appoints all officials and employees of the Judiciary in accordance with
the Civil Service Law (Art. VIII, Sec. 5[6]). The Supreme Court can also order a change of venue or place of
trial to avoid a miscarriage of justice (Constitution 1987, Art. VIII, Sec. 5[4]).

The Supreme Court En Banc has the power to discipline judges of all the lower courts or order their
dismissal by a vote of a majority of the members who actually took part in the deliberation on the issue in
the case and voted thereon (Constitution 1987, Art. VIII, Sec. 11). The Supreme Court has supervision over
the mandatory organization of all lawyers, the Integrated Bar of the Philippines. (Art. VIII, Sec. 5[5]). It also
has the sole power to admit qualified candidates to the practice of law and has the power to promulgate the
rules necessary for that purpose (Art. VIII, Sec. 5[5]).

The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the previous year and, after approval, shall be
automatically and regularly released (Art. VIII, Sec. 3).

The Supreme Court is given the authority to promulgate rules concerning legal assistance to the
underprivileged (Art. VIII, Sec. 5[5]). This would be consistent with the guarantee under Article III, section 11
that “(f)ree access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied
to any person by reason of poverty.”

It also has the authority to disapprove the rules of procedures of quasi-judicial bodies; existing rules
of procedure shall remain effective however unless disapproved by the Supreme Court (Art. VIII, Sec. 5[5]);
Antonio v. Commission on Elections; 373 Phil. 680 [1999]).

The Supreme Court, sitting En Banc, is the sole judge of all contests, relation to the election, returns,
and qualifications of the President or Vice-President and may promulgate its rules for the purpose (Art. VII,
Sec. 4). Faced with an appropriate case, the Court En Banc sits as a Presidential Electoral Tribunal (PET).

The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be
the sole judge of all contests relating to the elections, returns, and qualifications of their respective Members.
Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme
Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the
House of Representatives, as the case may be, who shall be chosen on the basis of proportional
representation from the political parties and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral Tribunal shall be its Chair (Art. VI, Sec. 17).
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

❖ JURISDICTION OF THE COURT OF APPEALS (SEC 9 OF THE JUDICIARY ACT OF 1980 BP BIG. 129)
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its
appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final judgments, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or
commission, including the Securities and Exchange Commission, the Social Security
Commission, the Employees Compensation Commission and the Civil Service
Commission, Except those falling within the appellate jurisdiction of the Supreme Court
in accordance with the Constitution, the Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the
third paragraph and subparagraph 4 of the fourth paragraph of Section 17 of the Judiciary
Act of 1948.

At the third tier of the hierarchy are three collegiate courts, one of which is the
Court of Appeals (CA). The CA is the primary appellate court of the Philippines, exercising
its powers, functions and duties through 23 divisions of three members each. It sits in
three stations--the City of Manila, Cebu and Cagayan de Oro. The CA’s 18th, 19th, and
20th Divisions comprise the CA Visayas Station and are located in Cebu City, while its 21st,
22nd, and 23rd Divisions comprise the CA Mindanao Station and are based in Cagayan de
Oro City. The first 17 Stations are located in the City of Manila.

The CA is assigned to review cases elevated to it from the Regional Trial Courts
(RTCs) as well as quasi-judicial agencies such as the Civil Service Commission, Securities
and Exchange Commission, National Labor Relations Commission, and the Land
Registration Authority. The CA also reviews cases where the sentence is reclusion
perpetua or life imprisonment, as well as decisions of the Office of the Ombudsman in
administrative disciplinary cases. The CA is a collegial court and sits en banc only to
exercise administrative, ceremonial or other non-adjudicatory functions. Being an
appellate court, it resolves cases based on the record of the proceedings from the trial
court; in certain cases, however, the CA also conducts hearings and receives evidence such
as, for instance, in applications for the writ of Amparo or Habeas Data, whether in the
exercise of original jurisdiction or on remand from the Supreme Court.

The CA also has the original and exclusive jurisdiction to issue freeze orders over
any monetary instrument or property under the Anti-Money Laundering Act of 2001 or RA
9160. It is also the court with original and exclusive jurisdiction to allow surveillance and
monitoring of communications under the Human Security Act of 2007 or RA 9372.

Also, at the third tier are two special courts, the Sandiganbayan and the Court of
Tax Appeals, which, like the CA are collegial courts. But unlike the CA, both have very
specific jurisdictions.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

❖ JURISDICTION OF THE SANDIGANBAYAN (SEC 4)


A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of
the Revised Penal Code, where one or more of the accused are officials occupying the
following positions in the government, whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade ’27’ and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads:
b) City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads;
c) Officials of the diplomatic service occupying the position of consul and
higher;
d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;
e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent
and higher;
f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
g) Presidents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations.
2. Members of Congress and officials thereof classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989;
3. Members of the judiciary without prejudice to the provisions of the Constitution;
4. Chairmen and members of the Constitutional Commissions, without prejudice to
the provisions of the Constitution; and
5. All other national and local officials classified as Grade ’27’ and higher under the
Compensation and Position Classification Act of 1989.
B. Other offenses or felonies whether simple or complexed with other crimes committed by
the public officials and employees mentioned in subsection a. of this section in relation
to their office.
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.

Provided, that the Regional Trial Court shall have exclusive original jurisdiction where the
information: (a) does not allege any damage to the government or any bribery; or
(b) alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).

Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region other
than where the official holds office.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

In cases where none of the accused are occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP
officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial
court, as the case may be, pursuant to their respective jurisdictions as provided in Batas
Pambansa Blg. 129, as amended.

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.

The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in cases filed or which may
be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.

The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

In case private individuals are charged as co-principals, accomplices or accessories with


the public officers or employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.

Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: Provided, however, That
where the civil action had heretofore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court, as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The Sandiganbayan is an anti-graft court that has jurisdiction to try public


officers with a salary grade of 27 and above (including any co-accused who are private
persons) charged with criminal cases involving violation of the country’s laws on graft and
corruption, particularly RA 3019, as amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, and corresponding civil cases for recovery of civil liability arising
from the offense. Likewise, the Sandiganbayan is vested with appellate jurisdiction over
final judgments, resolutions or orders of the RTC whether in the exercise of their original
or appellate jurisdiction over crimes and civil cases falling within the original exclusive
jurisdiction of the Sandiganbayan but which were committed by public officers below
Salary Grade 27.

Private individuals can be tried in cases before the Sandiganbayan if they are
alleged to be in conspiracy with the public officer. The decisions of the Sandiganbayan are
directly appealable to the Supreme Court.

Prior to April 16, 2015, the Sandiganbayan was composed of a Presiding Justice
and 14 Associate Justices who sit in five divisions of three Justices each. On April 16, 2015,
Republic Act No. 10660, “An Act Strengthening the Functional and Structural Organization
of the Sandiganbayan,” expanding the Sandiganbayan and enabling it to speed up
disposition of high-profile cases was passed by Congress and signed into law by the
President.

Under RA 10660, the appointment of six additional justices comprising two


additional divisions are provided. With the operation of RA 10660, there are now 21
Sandiganbayan justices sitting in seven divisions of three members each (Section 1 of RA
10660).

The Court of Tax Appeals is a special collegiate court composed of a Presiding


Justice and eight Associate Justices; it may sit en banc or in three divisions of three Justices
each. RA 9282, which took effect on March 30, 2004, has elevated the status of the CTA
to that of the Court of Appeals.

The CTA has exclusive jurisdiction to review on appeal decisions in cases involving
disputed assessments, refunds of internal revenue taxes, fees, or other charges, penalties
in relation thereto, or other matters arising under the National Internal Revenue Code. It
also exercises original jurisdiction over all criminal offenses arising from violations of the
Tax or Tariff Codes and other laws administered by the Bureau of Internal Revenue or the
Bureau of Customs.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

❖ JURISDICTION OF THE REGIONAL TRIAL COURT


Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of
the Sandiganbayan.
1. All criminal cases where the penalty is higher than 6 years, including government-
related cases wherein the accused in not one of those falling under the jurisdiction of
the Sandiganbayan is within the jurisdiction of the RTC.
2. Other laws which specifically lodge jurisdiction in the RTC
a. Laws on written defamation or libel
b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are
below 16 years and there are Juvenile and Domestic Relations Courts in the
province
3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial
jurisdiction
4. In areas where there are no family courts, the cases falling under the jurisdiction of
family courts shall be adjudicated by the RTC

❖ JURISDICTION OF THE MUNICIPAL TRIAL COURTS (SEC 32 OF THE JUDICIARY ACT OF 1980)
Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Criminal Cases. – Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective of kind, nature, value or
amount thereof: Provided, however, That in offenses involving damage to
property through criminal negligence, they shall have exclusive original
jurisdiction thereof.

❖ JURISDICTION OF METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURTS AND


MUNICIPAL CIRCUIT TRIAL COURT IN CIVIL CASES
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective of kind, nature, value or
amount thereof: Provided, however, That in offenses involving damage to
property through criminal negligence, they shall have exclusive original
jurisdiction thereof.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

The Trial Courts of the First and Second Level

In the first tier are the Courts of the First Level consisting of the Metropolitan Trial
Courts (MeTCs), which are established in Metropolitan Manila; the Municipal Trial Courts
in Cities (MTCCs), in every city which does not form part of Metropolitan Manila; the
Municipal Trial Courts (MTCs), established in each of the other cities or municipalities; and
Municipal Circuit Trial Courts (MTCCs), created in each circuit comprising such cities
and/or municipalities as grouped by law.

At the same level are the Shari’a Circuit Courts (SCC). Shari’a Courts have been
established in Islamic regions and provinces to interpret and apply the Code of Muslim
Personal Laws (under Presidential Decree No. 1083). Their decisions are appealable to the
Shari’a Appellate Court which, however, has yet to be organized.

The second tier consists of the Regional Trial Courts (RTCs) established in each of
the thirteen (13) regions in the Philippines. Each RTC may be composed of a single sala or
of several branches. RTCs have both original and appellate jurisdiction. In exercising the
former jurisdiction, RTCs act as trial courts receiving evidence in the first instance from
the parties to a case falling within its jurisdiction; in exercising the latter jurisdiction, the
RTCs act as a court of appeal over the decisions of the Courts of the First Level.

Also, on the same level are the Shari’a District Courts (SDC), whose decisions are
appealable to the still-to-be organized Shari’a Appellate Court. Pending such
organization, SDC Decisions are reviewed by the Supreme Court through the special civil
action of certiorari under Rule 65 if the issue is one of jurisdiction or through a petition for
review on certiorari by way of appeal under Rule 45 of the Rules of Court.

❖ JURISDICTION OF THE BARANGAY COURT


Offenses punishable by the revised penal code cognizable by the Lupon includes:
1. Alarm and scandals (Art.155)
2. Uses of false certificates (Art. 175)
3. Physical injuries committed in a tumultuous affray (Art.252)
4. Slight slander (Art. 358)
5. Other mischief’s (Art. 329)
6. Arson and property of small value (Art.323)
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Court Proceedings

• Review from Prosecution: After the pre-trial stage, trial follows. The prosecution
commences the presentation of evidence, followed by the accused. Prosecution may
present rebuttal evidence. The parties may also present written arguments or
memoranda after which the case is deemed submitted for decision.

• After the reception of the contending parties’ pieces of evidence, the case is now
submitted for decision which the court must render within ninety days after trial.

• If the court acquits the accused because in its view, he is innocent or his guilt is not proven
beyond reasonable doubt, the case is definitely ended. Appeal by the prosecution is
barred by the principle of double jeopardy. On the other hand, if it convicts the accused
because in its view his guilt of the crime charged has been established beyond reasonable
doubt, the latter may move for a new trial or reconsideration which may be based on
either of the following grounds:
a. That errors of law or irregularities have been committed during the trial
prejudicial to the substantial rights of the accused; or

b. That new and material evidence has been discovered and produced at the
trial, and which, if introduced and admitted, would probably change the
judgement.

• The motion for reconsideration may be based on the errors of law or fact in judgment.

• In lieu of moving for new trial or reconsideration or after denial of such motion, the
convicted accused may appeal to the Court of Appeals or the Supreme Court within the
time fixed by law. If the appeal of the convicted accused is unsuccessful and his conviction
is affirmed, the case will be remanded to the court of origin for the execution of the
judgement. The latter court will set a date for the accused to present himself for the
enforcement of the judgement. At the time thus appointed
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Here's how it works:

1. Prepare the case

2. Preliminary investigation – This is where the prosecutor determines if there is probable cause
and if there is, the information will be filed before the proper court, or for graft and plunder, the
Sandiganbayan. (READ: What's the difference: Plunder, graft in PDAF issue?)

3. Filing of information – Once the case has been filed with the Sandiganbayan, it will be raffled
off to the judge who will hear the case. Once again, the court shall determine probable cause
before an arrest warrant can be issued.

4. Arraignment – The accused shall be arraigned within 30 days from the date of the filing of
information.

5. Pre-trial – Presentation of evidence, agreement, conference, and the issuance of the pre-trial
order.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

6. Trial – Once the case reaches trial, these are what can happen:

• After cross examinations and rebuttals and the prosecution has rested its case, the
accused may file what is called a demurrer to evidence, which essentially means
challenging the evidence presented by the prosecution. The defense will try to have the
charges dismissed based on what they hope the court will find as weak evidence from the
prosecution.

• The motion to file a demurrer shall be made within 5 days after the prosecution rests its
case. The prosecution can oppose this motion within another 5 days. If the court grants
the motion, the defense has another 10 days to file the demurrer, and the prosecution
will have another 10 days to oppose the demurrer once they have received it.

7. Judgment – After the trial, the court shall promulgate its judgment after finding the accused
guilty or not guilty. If the decision is acquittal, it cannot be appealed. If the accused is convicted,
he or she has 15 days to file a motion for reconsideration or motion for new trial. One can only
file a motion for new trial if new evidence has been found. The motion shall be decided within 30
days of submission.

8. Appeal – If the motion for reconsideration or motion for new trial is denied, the accused is
given another 15 days to file an appeal before the Supreme Court.
PhilCST
PHILIPPINE COLLEGE OF SCIENCE & TECHNOLOGY College of Criminal Justice
OLD NALSIAN ROAD, BRGY. NALSIAN, CALASIAO, PANGASINAN Education

Learning Sources:

➢ Gabao, R. (2017). Philippine Criminal Justice System 3rd Edition. Chapterhouse Publishing
Incorporated
➢ Dela Cruz, S. G. (2016). Criminal Justice System in the Philippines. Books Atbp. Publishing
Corp.
➢ Garcia, M. A. (2016). Philippine Criminal Justice System: w/ indigenous justice system.
Wiseman's Books Trading, Inc.E Publishing, Inc.
➢ Capulso, N. & Saluba, D. (2016) The Basics of Philippine Criminal Justice System. C & E
Publishing Inc.
➢ Dela Cruz, S. G. (2015). Criminal Justice System in the Philippines. Books Atbp. Pub. Corp.
➢ Garcia, M. A. (2015). A textbook on Comparative Police & Criminal Justice System.
Wiseman’s Book Trading, Inc.
➢ Madelo Jr., P. C. (2013). Criminal Justice System: Basic Concepts & Approaches. Wiseman’s
Book Trading, Inc.
➢ Domingo, S. (2013). Criminal Justice System. Rex Book Store
➢ Manaloto, A. (2011, August 08). THE THIRD PILLAR OF THE PCJS IS THE COURTS. Retrieved
on June 4, 2020 from http://youwerenoteventhere.blogspot.com/2011/08/third-pillar-of-
pcjs-is-courts.html
➢ Buan, L. (2017, August 06). Indicted? Charged? A guide to court jargon. Retrieved on June
3, 2020 from https://www.rappler.com/newsbreak/iq/177811-court-jargon-explainer

Graphic Resources
➢ Panaligan, R. (2018, December 03). Court Administrator Marquez designated SC spokesperson.
Retrieved on July 2, 2020 from https://news.mb.com.ph/2018/12/03/court-administrator-
marquez-designated-sc-spokesperson/
➢ Official account of the Philippine Judicial Academy (PHILJA) (2017, September 29). Retrieved on July
2, 2020 from https://twitter.com/scph_philja/status/913578761840295936
➢ Criminal Justice Programs (n.d.). Clerk of Courts. Retrieved on July 2, 2020 from
https://www.criminaljusticeprograms.com/specialty/court-clerk/
➢ Reuters (2018, February 27). Philippines' top judge to go on leave, ready for impeachment.
Retrieved on July 2, 2020 from https://www.reuters.com/article/us-philippines-
judiciary/philippines-top-judge-to-go-on-leave-ready-for-impeachment-idUSKCN1GB0PY
➢ Court Bailiff (n.d.). Retrieved on July 2, 2020 from https://www.thinglink.com/scene/
459048036027334656
➢ Official account of the Philippine Judicial Academy (PHILJA) (2019 December 11). A Seminar for
Court Decongestion Officers 4th & 5th Judicial Regions. Retrieved on July 2, 2020 from
https://twitter.com/SCPh_PHILJA/status/1204576492312657920/photo/2
➢ Wiley, J. (2016). Why Is There a Need for Younger Court Reporters?. Retrieved on July 2, 2020 from
https://www.cookandwiley.com/2016/04/07/why-is-there-a-need-for-younger-court-
reporters/?doing_wp_cron=1593693978.3431680202484130859375
➢ Farjoud Law (n.d.). Courtroom Layout in Criminal Trials Infographic. Retrieved on July 2, 2020 from
https://www.farjoudlaw.com/resources/courtroom-layouts/
➢ CNN Philippines (2018 November 16). Sandiganbayan Fifth Division Courtroom. Retrieved on July 2,
2020 from https://twitter.com/cnnphilippines/status/1063264918525243392

You might also like