Introduction Flashcards
a social institution and a system
Criminal Justice System
What are the 5 Pillars
Police/Law Enforcement
Prosecution
Courts
Corrections
Community
the act of rendering what are due and treating persons equally
Justice
no person shall be deprived of life, liberty or property without due process of law, nor shall a person be deprived of the equal protection of law.
Sec. 1, Art III of the 1987 Philippine Constitution
Kinds of Due Process
Procedural Due Process
Substantive Due Process
one which hears before it condemns which proceeds upon inquiry and renders judgment only after trial.
Procedural Due Process
requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property.
Substantive Due Process
it limits state and federal power by requiring certain procedures to be followed in both criminal and civil matters.
Procedural Due Process
is based on the premise that the constitution protects the public from unwarranted government intrusion infringing upon their fundamental rights.
Substantive Due Process
Asks, “Is the process fair?”
Procedural Due Process
Asks, “Does the government have the right to bring the action in the first place?”
Substantive Due Process
its principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies, and bringing these complaints to their successful prosecution in the judicial system.
Prosecution Pillar
Composition of 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
A pillar which adjudicates cases and renders judgment.
Courts Pillar
the highest court of the land
The Supreme Court
Intermediate Courts consists of:
- the Court of Appeals
- Sandiganbayan
- Court of Tax Appeals;
Second level courts consist of:
- Regional Trial Courts
- Shari’a District Courts
The first level courts consist of:
- Metropolitan Trial Courts (MeTC)
- Municipal Trial Courts in Cities(MTCC)
- Municipal Trial Courts
- Municipal Circuit Trial Courts (MCTC)
- Shari’a Circuit Courts.
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.” This 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’a District Courts
What were RTCs formerly called?
Court of First Instance
What act made it possible to change Court of First Instance to Regional Trial Court?
Judiciary Reorganization Act of 1980
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
Shari’a or “Islamic Law”
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 Transactions
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
Involve allegations that a criminal law has been violated
Criminal Cases
Are heard in criminal court
Criminal Cases
Involve crimes such as assault, robbery, murder, arson, and rape
Criminal Case
Require proof beyond a reasonable doubt
Criminal Case
Involve judges who can punish the accused by sending them to jail
Criminal Case
Involve disputes between people or organizations
Civil Cases
Are heard in civil court
Civil Cases
Involve disputes such as housing, family, consumer, and personal injury cases
Civil Cases
Require a preponderance of evidence
Civil Cases
Involve judges who can order the accused to pay money or a fine
Civil Cases
Involve how individuals and businesses interact with government agencies
Administrative Cases
Involve the promulgation and enforcement of regulations
Administrative Cases
Involve decisions that affect a person or business’s rights or interests
Administrative Cases
Require substantial evidence
Administrative Cases
