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CIC Module 1 > PCJS > Flashcards

PCJS Flashcards

1
Q

is a person convicted of a crime by a final judgment.

A

A criminal

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2
Q

is an act or omission punishable by law, forbidding or commanding it.

A

A crime

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3
Q

means giving what is due to a person.

A

Justice

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4
Q

Machinery for prevention and control of crime.

A

CJS

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5
Q

Totality of the activities of law enforcement, prosecution, court, correction and community in crime prevention and control.

A

CJS

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6
Q

“the process in a community by which a crime is investigated, and the person(s) suspected for the commission thereof is/are taken into legal custody for prosecution in court and for punishment, if found guilty, with provisions being made for the correction and/or rehabilitation of the offender(s) to ensure renewed assimilation into mainstream society after service of sentence”.

A

CJS

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7
Q

is the mechanism which the society uses in the prevention and control of crime. It consists of the system of courts, including the barangay justice system, the informal justice system implemented through practice particularly by indigenous communities, and the quasi-judicial bodies empowered by law to perform adjudicatory functions; the systems for law enforcement and prosecution which involve investigating, apprehending and prosecuting those who could not be deterred from violating the law and the rules of the society; the system of corrections and rehabilitation or the means of rehabilitating offenders and returning them to the community as law-abiding citizens; and the community which collectively imposes limitations on individual behavior of citizens for the common good of civilized and democratic society that deters criminality and criminal behavior.

A

CRIMINAL JUSTICE SYSTEM (CJS)

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8
Q

the system or process in the community by which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted in court and punished if found guilty, with provision being made for their correction and rehabilitation.”

A

The Supreme Court has provided a definition of the criminal justice system which has been used as a working definition in this further study on the five pillars of the criminal justice system. The Supreme Court defines the criminal justice system as: “. . .

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9
Q

5 pillars of Criminal Justice System

A 
Law Enforcement
•Prosecution
•Courts
•Correction
•Community
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10
Q

Different Law Enforcement Activities

A 
Prevention of crime
•Repression/suppression of crime
•Apprehension of offenders
•Conduct search and seizure
•Investigation of crime; and
•Protection of lives and property.
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11
Q

An order in writing
•Issued in the name of the People of the Philippines
•Signed by a judge; and
•Directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court.

A

Warrant of Arrest

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12
Q

Requisites of warrant of arrest

A

Issued upon probable cause;
•The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
•Particularly describing the person to be arrested.

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13
Q

is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that an offense has been committed by the person sought to be arrested.

A

*Probable cause for the issuance of a warrant of arrest

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14
Q

Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within () days from its receipt. Within () days after the expiration of the period, the officer to whom it was assigned for execution shall make a () to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the (**) therefor.

A
  • ten (10) **
  • **report
  • ***reasons
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15
Q

Time of making arrest. — An arrest may be made on any day and at any time of the *

A

*day or night.

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16
Q

Valid Warrantless Arrest
•When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
(*)
• When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances that the person to be arrested committed it; and (**)

•When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. ***

A
  • (flagrante delicto arrest)
  • Hot pursuit arrest
  • **(This is known as fugitive of justice or escapees)
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17
Q

An order in writing
•Issued in the name of the People of the Philippines
•Signed by a judge
•Directed to a peace officer, commanding him to search for personal property described therein and bring it before the court.

A

Search Warrant

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18
Q

The requisites of a valid search warrant are the following

.

A
  • It shall be issued upon probable cause;
  • The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant/applicant and the witnesses he may produce; and
  • Particularly describing the things and place to be searched
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19
Q

Time of making search. — The warrant must direct that it be served in the * time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the **

A
  • day

* *day or night.

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20
Q

Validity of search warrant. — A search warrant shall be valid for * days from its date. Thereafter it shall be void.

A

*ten (10)

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21
Q

Valid Warrantless Search

A
  1. Warrantless search incidental to a lawful arrest recognized under Section 12 [now Section 13], Rule 126g of the Rules of Court and by prevailing jurisprudence;
  2. Seizure of evidence in “plain view,” the elements of which are:
    (a) a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties;
    (b) the evidence was inadvertently discovered by the police who had the right to be where they are;
    (c) the evidence must be immediately apparent[;] and;
    (d) “plain view” justified mere seizure of evidence without further search.
  3. Search of a moving vehicle. Highly regulated by the government, the vehicle’s inherent mobility reduces expectation of privacy especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to probable cause that the occupant committed a criminal activity;
  4. Consented warrantless search;
  5. Customs search;
  6. Stop and Frisk; and
  7. Exigent and Emergency Circumstances.
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22
Q

Any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.

A

Custodial investigation

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23
Q

Requisites of custodial investigation

A

The questions being asked are no longer general inquiry; and

•The person being questioned is considered as a suspect in the crime committed.

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24
Q

What are the rights of persons under custodial investigation?

A
  • Right to remain silent;
  • Right to have a competent and independent counsel preferably of his own choice;
  • Right to waive any of these rights provided:
  • It is done voluntarily;
  • Done intelligently;
  • In the presence of a competent and independent counsel; and
  • In writing
  • Right against torture, force, intimidation, and the like. (Right to be examined by a doctor preferably of his own choice)
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25
Q

PNP and Other Law Enforcement Agencies

A

Law Enforcement

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26
Q

DOJ THRU THE PROSECUTORS’ OFFICES

A

Prosecution

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27
Q

Institution of criminal action
•For offenses where a * is required, by filing the complaint with the prosecutor’s office.
•For all other offenses, by filing the ** directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

Note: In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

A
  • preliminary investigation

* *complaint or information

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28
Q

It is an inquiry or proceeding to determine whether there is 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.

A

Preliminary Investigation

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29
Q

Purposes:
•Intended to * against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of crime.
•Intended to ** from useless and expensive trial.

A
  • secure the innocent

* *protect the State

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30
Q

Preliminary investigation is required when the imposable penalty for the crime charged is at least * without regard to the fine.

A

4 years, 2 months, and 1 day (4:2:1)

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31
Q

It can be conducted only in cases when the accused is lawfully arrested without warrant
•It involves crimes which requires a preliminary investigation
•Done by the inquest prosecutor to determine the validity of the arrest.
•Very summary in nature which may be done by an informal interview with the arresting officer and/or the arrested person.

A

Inquest proceeding

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32
Q

The determination of * during a preliminary investigation is a function that belongs to the public prosecutor. It is an executive function, the correctness of the exercise of which is a matter that the trial court itself does not and may not be compelled to pass upon.

A

*probable cause

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33
Q

Courts

A

Supreme Court
Court of Appeals
Regional Trial Courts
Municipal Trial Courts (MTC)/MCTC/MeTC/MTCC

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34
Q

Is a body in the government to which the public administration of justice is delegated

A

A court

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35
Q

is a public officer lawfully appointed to preside over a court for the purpose of administering the law.

A

A judge

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36
Q

Levels of Courts

A
  1. First level-MTC, MCTC, and MeTC,
  2. Second level-RTC
  3. Third level-CA
  4. Fourth level-SC
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37
Q

is the power and authority to hear, try, and decide a case.

A

Jurisdiction

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38
Q

What are the kinds of jurisdiction?

A

•Original jurisdiction
•Appellate jurisdiction
General jurisdiction
Limited jurisdiction;

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39
Q

is the power and authority to hear, try and decide cases brought in the court, body, or tribunal for the first time.

A

•Original jurisdiction

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40
Q

is the power and authority to hear, try and decide cases previously heard by a lower court, body, or tribunal.

A

•Appellate jurisdiction

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41
Q

is the power and authority to decide all disputes which may come before it except those assigned to other courts, body, or tribunal.

A

•General jurisdiction

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42
Q

Is the power and authority to hear and determine only a few specified cases.

A

Limited jurisdiction

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43
Q

What the Court would do once it assumes jurisdiction over a case?

A
  • Arraignment and plea
  • Pre trial
  • Trial
  • Judgement
  • Execution
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44
Q

Judgment becomes final in any of the following instances:

A
  • After the lapse of fifteen (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.
45
Q

means to renounce.

A

N.B. To Waive (as used in letter “b”)

46
Q

Bureau of Corrections

Bureau of Jail Management and Penology

A

Correction

47
Q

to reform and rehabilitate criminals/offenders.

A

Correction

48
Q

What are the classifications of correction?

A
  • Institutional correction
  • Institutional correction deals with jails, prisons, and colonies where a convict is going to serve his sentence.
  • Non-institutional correction
  • Non-institutional correction deals with service of sentence outside an institution. This includes probation and parole where a convict is required to serve his sentence or a part of his sentence in the community.
49
Q

deals with jails, prisons, and colonies where a convict is going to serve his sentence.

A

Constitution Correction

50
Q

deals with service of sentence outside an institution. This includes probation and parole where a convict is required to serve his sentence or a part of his sentence in the community.

A

Non-institutional Correction

51
Q

Kinds of jails

A
  1. City/municipal jails
  2. Provincial jails
  3. Prison
52
Q

Are housing persons deprived of liberty for not more than six months. Administered by the BJMP.

A

City/municipal jails

53
Q

are housing persons deprived of their liberty for more than six months but not more than three years. Administered by the Provincial Government.

A

Provincial jails

•Provincial Jails

54
Q

Housing persons who are deprived of their liberty for more than three years. Administered by the Bureau of Corrections

A

Prison-

55
Q

is a disposition under which an accused, after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer

A

Probation

56
Q
  1. Sentenced to serve a maximum term of *
  2. Convicted of ** or any crime against national security or public order;
  3. Previously convicted by final judgment of an offense punished by imprisonment of ***
  4. Once on probation under the provisions of the Probation Law (**); and
  5. Already ***** sentence at the time of the affectivity of the Probation Law
  6. One who **** his conviction
A

Person Disqualified for Probation

  • more than 6 years;
  • *subversion
  • **not less than 1 month and 1 day and/or a fine of not less than P200;
  • ***P.D. 968
  • **serving
  • *****appealed
57
Q

Is an executive clemency granted by the President/Chief Executive.

A

Pardon

58
Q

Pardon
An act of grace proceeding from the power entrusted with the President which * the individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed.

A

exempts

59
Q

Kinds of Pardon

A

Absolute Pardon

Conditional Pardon

60
Q

What are the effects of pardon?
•It * penalties and disabilities and ** him to his full civil and political rights;
•It does the civil liability of the convict to the individual he has wronged as the President has no power to pardon a **** wrong.
•It does **offices, property, or rights vested in others in consequence of conviction.

A
  • removes
  • *restores
  • **not discharge
  • ***private
  • **not restore
61
Q

What are the limitations of the Pardoning Power of the President?
•Pardon cannot be extended in case of ;
•No pardon, parole, or suspension of sentence for violation of **may be granted without favorable recommendation of COMELEC;
•Pardon is exercised only after ** by final judgment;

A
  • impeachment
  • *election laws
  • **conviction
62
Q

Act of sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character, such as treason, sedition, rebellion.

A

Amnesty

63
Q

Amnesty abolishes and puts into oblivion the offense of which one is charged, so that the person released by amnesty is considered*

A

as if he did not commit any offense.

64
Q

What are the distinctions between Pardon and Amnesty? The distinctions between Pardon and Amnesty are the following:
•Pardon includes *, while amnesty includes ** only;
•Pardon is exercised *, while amnesty exercised **;
•Pardon is given only when the person is *, while amnesty may be granted **;
•Pardon may be granted by the *, while amnesty is granted by the **;

A
  • any crime **political crimes
  • individually**generally
  • convicted**before trial or investigation
  • President himself**President with the concurrence of Congress
65
Q

The power of the President to prevent the collection of fines or the confiscation of forfeited property.

A

Remission of fines or forfeiture

66
Q

is the suspension of sentence of a convict after having served the minimum of the sentence imposed without granting pardon, prescribing the terms of the suspension.

A

Parole

67
Q

the accused need not serve his minimum sentence

A

In conditional pardon,

68
Q

the minimum sentence must be served;

A

parole,

69
Q

•In conditional pardon, the granting authority is the *, while in parole, the granting authority is the **

A
  • President

* *Board of Pardon and Parole

70
Q

are the temporary stay or postponement of sentence especially where the sentence imposed is the death penalty.

A

Reprieve and suspension of sentence

71
Q

suspension of sentence is done for an *, while reprieve is done to**

A
  • indefinite time

* *a fixed or definite date

72
Q

is an act of the President reducing the penalty of a convict.

A

Commutation

73
Q

is the reduction of period of imprisonment if the convict shows good behavior. Consider the following:
Period of Reduction
Imprisonment
a. 1-2 years * days per month
b. 3-5 years **days per month
c. 6-10 years ***days per month
d. 11 and above **days per month

A

Good conduct time allowance

  • 5
  • *8
  • **10
  • ***15
74
Q

Not applicable to detention prisoner

A

Good conduct time allowance

75
Q

is a group of persons living in a particular place.

A

Community

76
Q

is not limited to persons. It includes the homes, family, government, schools, churches, etc. (Criminal Justice System)

A

Community

77
Q

The five (5) Pillars of the CJS must at all times closely work and collectively coordinate with one another. Each pillar compose the system, the failure of one to deliver will cause the entire system to fail.

A

Strong Links & Interdependence

of the 5 Pillars

78
Q

PERFORMANCE OF THE PILLARS IN PROVIDING JUSTICE REMEDIES
•The determination of the overall performance of the criminal justice system in providing justice remedies is ultimately established by the performance statistics of our courts, where the various processes by the other pillars in seeking remedies unfold and converge. The pace and quality of the litigation process is influenced by several factors that are outside of the judicial institutions – the ability to produce the right witness and present evidence and to arrest the suspect by the law enforcement agencies; the quality and pace of case preparation and preliminary investigation and leads to the establishment of a probable cause by the prosecution; the competence of prosecutors and defenders; the availability, quality and cooperation of witnesses; and other relevant factors. The performance of the * therefore would serve to synthesize to a large extent the overall performance of the criminal justice system.

A

courts

79
Q

INDICATE THAT THERE IS A HUGE CASE BACKLOG PRACTICALLY IN ALL LOWER COURTS, CREATING CASE GONGESTION.

A

•LOW CLEARANCE RATES

80
Q

DISPOSITION RATES ARE HOWEVER MUCH HIGHER, INDICATING * WITH IMPROVED CAPABILITY IN HANDLING CASES.

A

*HARDWORKING JUDGES

81
Q

The causes of delay in the court come from various sources

A
  1. Court attributable delay
  2. Lawyer-related delay
  3. Delay caused by other agency
82
Q

is the most important pillar. It includes PNP, NBI, PDEA

A

Law enforcement

83
Q

2 types of person/criminal

A

Juridical person and Natural person

84
Q

an entity registered in the security exchange commission or Department of trade and industry.

A

Juridical person

85
Q

criminal above 15 years old.

A

Natural person

86
Q

disbar and dismissal to PNP (pagkahumaling sa babae)

A

7210 -

87
Q

create doubt (US and Philippines)

A

Physical impossibility

88
Q

Incarceration

A

Imprisonment

89
Q
  • convicted already by final judgement
A

Criminal

90
Q
  • terminology of an investigator. Under investigation of the police, NBI, PDEA
A

Suspect

91
Q
  • Case was filed either preliminary investigation or inquest proceedings. Level of prosecution
A

Respondent

92
Q
  • on the level of the court. Prior to conviction.
A

Accused

93
Q

convict by the RTC and appeal in Supreme Court

A

Accused Appellant -

94
Q
  • an act or omission punishable by RPC. The law shall forbid or command it.
A

Felony

95
Q
  • Admin, Grave Misconduct, Neglect of duty
A

Offense

96
Q
  • violation of ordinances

Different cities have different ordinances

A

Infraction

97
Q
  • punishable of special law? (RA0262 and RA 9165
A

Crime

98
Q

2 types of acts

A

Intention and

Neglect

99
Q

committed a reckless act

A

Neglect

100
Q

Batang tinakot, tumakbo ng tumakbo, nahulog sa ilog, nalunod, namatay.
Sinaksak daplis - attempted homicide
Hindi uminom ng anti- tetano, natigolk
From attempted homicide to consummated homicide.

A

Whoever the cause of evil cause is the cause of that evil cause unless there is contributory evidence.

He is liable of that act.

101
Q

Konti Lang ang sugat, tumakas sa hospital, umuwi, nag swimming sa baha, natetano, namatay.

A

There is contributory evidences that can be defended.

102
Q
  • what he deserves, he will get.
A

Justice

103
Q

Offended party is the state.

A

People of the Philippines versus

104
Q

Crime Response Team

A
  1. First Responder -Witnesses kukunan ng statement
  2. Investigator - to investigate
  3. SOCO - to collect physical evidence
  4. Crime Scene Attorney - will now make the judicial affidavit
105
Q

Fiscal will file the * in court

A

information

106
Q

to create doubt in the mind of the judge.

A

Defense lawyer

107
Q

verbal warrant but later will be in writing. It is issued orally by the judge, Di nag appear ang accused ba naka bail.

A

Bench warrant -

108
Q

Requirement of the constitution to perform by the judge before issuing warrant…
Wala sa transcript a pinatawag no judge yung complainant and witnesses para mag affirm.

A

Motion to quash the warrant of arrest/search

CIC Module 1 (12 decks)

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