CLJ MidTerm Flashcards
5 Pillars of the Philippine Criminal Justice System
Police / Law Enforcement
Prosecution
Court
Corrections
Community
Composition of the Prosecution Pillar:
National Prosecution Service of the Department of Justice (DOJ)
Office of the Ombudsman
Public Attorney’s Office
It is the official prosecutorial agency of the Philippines.
National Prosecution Service
independently monitors all three branches of the government for political corruption
Office of the Ombudsman
Provides legal representation, consultation, and advice to clients. Representing clients during criminal investigative proceedings. Preparing a defense, conducting legal research, gathering facts, and interviewing the client and witnesses.
Public Attorney’s Office
These courts operate within Metropolitan Manila, the National Capital Region. They handle cases specific to the complexities of a large urban area.
Metropolitan Trial Courts (MeTCs)
Found in cities outside of Metro Manila, these courts have a similar scope to MeTCs but cater to the needs of individual cities.
Municipal Trial Courts in Cities (MTCCs)
These are the courts in municipalities, smaller local government units. They deal with cases arising within their specific municipality.
Municipal Trial Courts (MTCs)
In some areas, multiple smaller municipalities are grouped into a “circuit.” MCTCs serve these circuits, handling cases for several municipalities. This is often done in less densely populated areas.
Municipal Circuit Trial Courts (MCTCs)
These specialized courts operate in areas of Mindanao where Islamic law (Shari’a) is applied to personal matters of Muslim Filipinos. They handle cases related to marriage, divorce, inheritance, and other family matters in accordance with Shari’a.
Shari’a Circuit Courts
These courts are located in each of the regions of the Philippines. They have general jurisdiction over criminal cases punishable by imprisonment of more than six years, and over civil cases where the value of the subject matter or amount of the demand exceeds the jurisdictional amount of the first-level courts. They also handle appeals from the first-level courts on certain matters.
Regional Trial Courts (RTCs)
These courts, like the Shari’a Circuit Courts, operate in areas where Islamic law is applied to personal matters of Muslim Filipinos. The Shari’a District Courts have a broader jurisdiction than the Circuit Courts, handling more complex Shari’a-related cases. They also handle appeals from the Shari’a Circuit Courts.
Shari’s District Courts
RTCs were formerly called as?
Court of the First Instance
When and what act is it that changed Court of First Instance to Regional Trial Court?
Reorganization Act of 1980
often translated as “Islamic law,” is a complex and multifaceted system of moral and legal guidelines derived from the Quran and the Sunnah (the teachings and practices of the Prophet Muhammad). It covers a wide range of aspects of life, including religious rituals, family matters, ethics, and even criminal law. Some common areas where disputes or legal cases may arise include:
Shari’a
This is a significant area where Shari’a often plays a role. Cases may involve marriage, divorce, child custody, inheritance, and other family-related matters.
Family Law
Shari’a principles also guide financial practices, prohibiting interest (riba) and promoting ethical investment. Disputes may arise in areas like Islamic finance, zakat (charity), and inheritance distribution.
Financial Transaction
In some countries or regions, Shari’a influences the criminal justice system. Cases may involve offenses like theft, adultery, or defamation, with punishments prescribed according to Shari’a
Criminal Law
These courts act as a bridge between the trial courts and the Supreme Court, handling appeals from the Regional Trial Courts and other lower tribunals.
Appellate Courts
is the primary appellate court. It reviews decisions of Regional Trial Courts and other quasi-judicial agencies. It is organized into divisions, each specializing in particular areas of law
Court of Appeals
This specialized court handles cases involving graft and corruption and other crimes committed by public officials. It operates at the same level as the Court of Appeals.
Sandiganbayan
specializes in tax-related disputes. It reviews decisions of the Commissioner of Internal Revenue and other tax authorities. It also operates at the same level as the CA.
Court of Tax Appeals
is the final arbiter of all legal disputes in the Philippines. Its decisions are binding on all lower courts and government agencies
The Supreme Court
To review and correct errors of jurisdiction committed by a lower court, tribunal, or quasi-judicial agency. It is not used for errors of judgment but for situations where the lower body acted without or in excess of its jurisdiction or with grave abuse of discretion
Writ Certiorari
