Third Pillar of Criminal Justice System
Adjudicatory Powers
(Court)
 Judicial determination of the guilt or innocence of the accused is
under consideration
 Legal basis
Section 1, Art. VIII of the 1987 Constitution:
“The judicial powers shall be vested in one Supreme Court and
such lower courts as may be established by law”
Court
 A government body officially assembled under the authority of law
at the appropriate time and place for the administration of justice
through which the same the State enforces its sovereign rights and
power.
Key terms:
 government body
 assembled under the authority of law
 appropriate time and place
 administration of justice
 State enforces its sovereign rights and power
Judicial Power
 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 grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. (Sec. 1, Art. VIII, 1987 Constitution)
Cases involved:
a. Cases involving legally demandable and enforceable
rights
b. Cases involving grave abuse of discretion
Scope of Judicial Power
1. Adjudicatory Powers
 to settle actual controversies involving rights which are legally
demandable and enforceable; and
 to determine whether there has been grave abuse or discretion
amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government
2.
 to settle actual controversies involving rights which are
legally demandable and enforceable; and
 to determine whether there has been grave abuse or
discretion amounting to lack or excess of jurisdiction on the
part of any branch or instrumentality of the government
3. Incidental Powers- necessary to the effective discharge of the
judicial functions
Functions of the Court
1. Settlement of Disputes
 hear disputes between persons and decide which of the two
parties has the right under the law
Two Kinds of Disputes:
a. Civil Case- involves private person/s and/or private corporations or
organizations (e.g. claims over right to property, breach of contract,
money claims over destruction of property, right of an heir to an
inheritance, insurance claims)
b. Criminal Case- a legal dispute which arises from criminal actions or
infractions committed by an individual against the law. It is comprised
of felonies which are major crimes against the society (e.g. murder,
homicide, rape, arson) and misdemeanors which are petty crimes (e.g.
disorderly conduct or malicious mischief, slight injury or assault, traffic
law violation
2. Prevention of Wrongful Acts
 prevents commission of wrongful acts by equity
Equity- refers to a system of rules that provides remedies requiring a
person to perform or restrain him from doing an act to the extent that
the fairness and justice will be attained for the person who has been
unjustly treated
Modern forms:
 writ of injunction
 writ for specific enforcement of contracts
 writ of mandamus
3. Issuance of Declaratory Judgments
 enables the court to enter a final judgment between litigants in an
actual controversy
4. Exercise of Judicial Review
 power of the Supreme Court to review an act of the legislature, or
that of the executive, and compare it with the Constitution; and if
the court finds out that the act violates the Constitution, then it
declares the act unconstitutional, null or void
Organization of Courts
 Courts at the Base of the Judicial Structure
- a number of inferior courts whose function is to try and render
judgment on cases pertaining to petty crimes and petty civil
disputes
- composing courts of summary jurisdiction
 Courts of General Jurisdiction
- of higher level in the hierarchical structure of the judiciary and
their functions are to try persons accused of high crimes or
felonies and hear important civil cases
 Intermediate Appellate Courts
- courts which are between the trial courts or courts of general
jurisdiction and the Supreme Court
- one to which a case decided by the trial court may be brought
for an appeal
Supreme Court
- the court at the apex of the judicial structure whose decision is
final on all cases brought before it by appeal or review from the
lower courts
Jurisdiction of Courts
• Jurisdiction- is the power and authority of a court to hear, try, and
decide a case. It may be:
a. General- when it is empowered to decide all disputes
which may come before it except those assigned to other
courts
b. Limited- when it has authority to hear and determine only
a few specified cases
c. Original- when it can try and decide a case presented for
the first time. It may be exclusive or concurrent
d. Appellate- when it can take a case already heard and
decided by a lower court removed from the latter by an
appeal
e. Exclusive- when it can try and decide a case which cannot
be presented before any other court
f. Concurrent- when any of two or more courts take
cognizance of a case
g. Criminal- that which exist for a punishment of a crime
h. Civil- that which exists when the subject matter is not of a
criminal nature
Criminal Jurisdiction
 authority of the courts to hear and try a criminal offense and
impose the punishment for it
 it is essential because without it the court cannot hear, try, and
decide criminal cases
 Requisites for valid exercise
1. Jurisdiction over the subject matter- the court must be
authorized by law to take cognizance of the offense
2. Jurisdiction over the territory- the offense must have taken
place within the territorial jurisdiction of the Court
3. Jurisdiction over the person of the accused- the person
charged with the offense must have been brought for trial
2 types of Criminal Jurisdiction
• Jurisdiction over Complex Crimes
  lodged with the trial court that has jurisdiction to impose
the maximum and most serious penalty imposable of an
offense forming part of a complex crime
 it must be prosecuted integrally
 it must not be made subject of multiple information brought
in different courts
• Jurisdiction over Continuing Crimes
 consummated in one place, yet by the nature of the
offense, the violation of the law is deemed continuing (e.g.
estafa and libel)
 courts of the territories where the crime took place to have
concurrent jurisdiction
 but the court which first acquires jurisdiction excludes
other courts
Determination of Criminal Jurisdiction
1. Determined by the allegations in the complaint or information not
by the results of proof or by the trial court’s appreciation of the
evidence presented
2. Determined by the nature of the offense and/or penalty attached
thereto and not what may be meted out after trial
3. Determined by the law in force at the time of the institution of the
criminal action and not at the time of its commission
Bail
 security required by a court and given for the provisional or
temporary release of a person who is in the custody of the law
conditioned upon his appearance before any court as required
under the conditions specified.
 Sec. 13, Article III of the 1987 Constitution provides:
“All persons, except those charged with offenses punishable by
reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may
be provided by law. The right to bail shall not be impaired even when the
privilege of writ of habeas corpus is suspended. Excessive bail shall not be
required.”
Purpose and Form of Bail
 Purpose of Bail
 to relieve an accused from imprisonment until his
conviction and yet secure his appearance at the trial
 the right to bail is granted because in all criminal
prosecutions, the accused is presumed innocent
 Form of Bail
 cash deposit
 property bond
 bond secured from a surety company
 recognizance
Bail, a matter of right; exception
The right to bail is available to any person arrested, detained, or otherwise
deprived of his liberty, whether or not an information (criminal complaint)
has been filed against him.
1. It cannot be invoked where the applicant is not yet in custody of the
law
2. It is not available to one charged with capital offense or an offense
punishable by reclusion Perpetua, life imprisonment, or death if the
evidence of guilt is strong
3. No bail shall be allowed after the judgment has become final, or
after the accused has commenced to serve sentence
Forfeiture of bail
 Bail shall be declared forfeited if the accused, who is duly notified,
fails to appear in person as required by the court or the rules
Cancellation of bail
 Bail may be cancelled upon surrender of the accused or proof of
his death
 Bail shall be automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of conviction
Arrest of accused out on bail
  An accused out on bail may be re-arrested without the necessity of
a warrant if he attempts to depart from the Philippines without
permission of the court where the case is pending
Effect of application for probation
 General Rule: No bail shall be allowed after the judgment of
conviction has become final
Bail not a bar to objections on illegal arrest
 The application for or admission to bail shall not bar the accused
from :
1. challenging the validity of his arrest
2. challenging the legality of the warrant issued
3. assailing the regularity
4. questioning the absence of a preliminary investigation of
the charge against him
Arraignment and Plea
 Arraignment
 statement of the charges against someone who is
accused of a crime in a formal procedure before a judge
 Plea
 a statement in which a person who has been accused of a
crime says in court that he or she is guilty or not guilty of
the crime
How are arraignments and pleas made?
a. The accused must be arraigned before the court where the
complaint or information was filed or assigned for trial.
b. The accused must be present at the arraignment and must
personally enter his plea.
c. When the accused refuses to plead or makes a conditional
plea, a plea of not guilty shall be entered for him
d. When the accused pleads guilty but presents exculpatory
evidence, his plea shall be deemed withdrawn and a plea
of not guilty shall be entered for him.
e. When the accused is under preventive detention, his case
shall be raffled and its records transmitted to the judge to
whom the case was raffled within three days from the filing
of the information or complaint.
f. f. The private offended party shall be required to appear at
the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters requiring
his presence.
g. g. Unless a shorter period is provided by special law or
Supreme Court, the arraignment shall be held within thirty
(30) days from the date the court acquires jurisdiction over
the person of the accused.
Plea of guilty to a lesser offense
 At arraignment
 The accused, with the consent of the offended party and
prosecutor, may be allowed by the trial court to plead guilty
to a lesser offense which is necessarily included in the
offense charged.
 After arraignment but before trial
 The accused may still be allowed to plead guilty to said
lesser offense after withdrawing his plea of not guilty
*No amendment of the complaint or information is necessary
Plea of guilty to capital offense
 The court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea and shall
require the prosecution to prove his guilt and precise degree of
culpability
 The accused may present evidence in his behalf
Plea of guilty to non-capital offense
 The court may receive evidence from the parties to determine the
penalty to be imposed
Withdrawal of improvident plea of guilty
 At any time before the judgment of conviction becomes final, the
court may permit an improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilty
*If the accused files application for probation, the judgment becomes final
because the filing of the application under Probation Law is a waiver of the
right to appeal. Hence, subsequent withdrawal of an alleged improvident
plea of guilty is no longer allowed.
Duty of the court to inform accused of his right to counsel
 Before arraignment, the court shall inform the accused of his right
to counsel and ask him if he desires to have one.
 The court must assign a counsel de officio to defend the accused
except:
a. If the accused is allowed to defend himself in person; or
b. If the accused has employed counsel of his choice
Suspension of arraignment
 Upon motion by the proper party, the arraignment shall be
suspended in the following cases:
a. The accused appears to be suffering from an unsound
mental condition which effectively renders him unable to
fully understand the charge against him and to plead
intelligently thereto;
b. There exists a prejudicial question; and
c. A petition for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the Office of
the President provided that the period of suspension shall
not exceed 60 days.
Motion to Quash
 At any time before entering his plea, the accused may move to
quash the complaint or information
 Grounds:
a. That the facts charged do not constitute an offense;
b. That the court trying the case has no jurisdiction over the offense
charged;
c. That the court trying the case has no jurisdiction over the person of
the accused;
d. That the officer who filed the information had no authority to do so
e. That it does not conform substantially to the prescribed form
f. That more than one offense is charged except when a single
punishment for various offenses is prescribed by law;
g. g. That the criminal action or liability has been extinguished;
h. h. That it contains averments which, if true, would constitute a legal
excuse or justification;
i. i. That the accused has been previously convicted or acquitted of
the offense charged, or the case against him was dismissed or
otherwise terminated without his express consent
Effect of the failure to move to quash or to allege any ground
 The failure of the accused to assert any ground of a motion to
quash before he pleads to the complaint or information shall be
deemed a waiver of any objections except those based on the
grounds provided for in paragraphs (a), (b), (g), and (i).
Effect of sustaining the motion to quash
 If the motion to quash is sustained, the court may order that
another complaint or information be filed except as provided under
Section 6 of the Rules of Court
 If the order is made
 The accused, if in custody, shall not be discharged unless
admitted to bail
 If no order is made or if having been made
 The accused, if in custody, shall be discharged unless he
is also in custody for another offense
Effect of an order sustaining the motion to quash
An order sustaining the motion to quash is not a bar to another prosecution
for the same offense unless the motion was based on the grounds specified
in Sections 3 paragraphs (g) and (i) of the Rules of Court
Application of the principle of Double Jeopardy
 When a person is charged with an offense and the case is
terminated either by acquittal or conviction or in any other manner
 without the express consent of the accused, the latter cannot again
be charged with the same or identical offense
 The guarantee protects the accused against the perils of a second
punishment as well as a second trial for the same offense
Exception to the application of Double Jeopardy
 The conviction of the accused shall not be a bar to another
prosecution under any of the following instances:
a. The graver offense developed due to supervening facts
arising from the same act or omission constituting the
former charge;
b. The facts constituting the graver charge became known or
were discovered only after a plea was entered in the
former complaint or information
c. The plea of guilty to the lesser offense was made without
the consent of the prosecutor and of the offended party
except as provided in Section 1 paragraph (f) of Rule 116
of the Rules of Court
Agreements and admissions in Pre-Trial
 Shall be reduced in writing and signed by the accused and counsel,
otherwise, they cannot be used against the accused.
Non-appearance at pre-trial conference
 If the counsel or the prosecutor does not appear at the pre-trial
conference and does not offer an acceptable excuse for his lack of
cooperation, the court may impose proper sanctions or penalties.
Pre-Trial Order
 After the pre-trial conference, shall issue an order
 Content of the pre-trial order
 actions taken;
 facts stipulated; and
 evidence marked
 Purpose of the pre-trial order
 bind the parties;
 limit the trial to matters not disposed of;
 control the course of the trial; and
 unless modified by the court, to prevent manifest injustice
Trial
 After a plea of not guilty is entered, the accused shall have at least
15 days to prepare for trial.
 The trial shall commence within 30 days from the receipt of the
pre-trial order.
Continuous trial until terminated
 The trial once commence shall continue from day to day as far as
practicable until terminated
 It may be postponed for a reasonable period of time for good cause
 The court shall set the case for continuous trial on a weekly or
other short-term trial calendar at the earliest possible time
 The entire trial shall not exceed 180 days except as otherwise
authorized by the Supreme Court
Periods of delays which are excluded in computing the time within
which trial must commence
a. Any period of delay resulting from other proceedings concerning
the accused, including but not limited to the following:
1. Delay resulting from an examination of the physical and
mental condition of the accused;
2. Delay resulting from the proceedings with respect to other
criminal charges against the accused;
3. Delay resulting from extraordinary remedies against
interlocutory orders;
4. Delay resulting from pre-trial proceedings provided, that
the delay does not exceed 30 days;
5. Delay resulting from orders of inhibition, or proceedings
resulting to change of venue of cases or transfer from other
courts;
6. Delay resulting from a finding of existence of a prejudicial
question; and
 7. Delay reasonably attributable to any period, not to exceed
30 days, during which any proceeding concerning the
accused is actually under advisement.
b. Any period of delay resulting from the absence or unavailability of
an essential witness.
c. Any period of delay resulting from the mental incompetence or
physical inability of the accused to stand trial.
d. If the information is dismissed upon motion of the prosecutor and
thereafter a charge is filed against the accused for the same
offense.
e. A reasonable period of delay when the accused is joined for trial
with a co-accused over whom the court has not run and no motion
for separate trial has been granted.
f. Any period of delay resulting from a continuance granted by any
court motu propio, or on motion of either the accused or his
counsel, or the prosecution, if the court granted the continuance on
the basis of its findings set forth in the order that the ends of justice
served by taking such action outweigh the best interest of the
public and the accused in the speedy trial.
Remedy where the accused is not brought to trial within the time limit
 The accused may move for the dismissal of the information on the
ground of the denial of his right to speedy trial
 The motion of the accused for dismissal should be made before
trial. His failure to do so shall constitute a waiver of the right to
have the information dismissed.
Law on Speedy Trial
 A trial that can be had as soon as possible, after a person is
indicted and within such time as the prosecution, with reasonable
diligence, could prepare for it.
 It should be “conducted according to fixed rules, regulations, and
proceedings of law free from vexatious, capricious, and oppressive
delays.”
 A long delay in the judicial process serves as a refuge of the
accused if he is guilty and a continuing injustice for him if he is
innocent.
Order of Trial
 The trial shall proceed in the following order:
a. Presentation of evidence of the prosecution
b. Presentation of evidence of the accused
c. Presentation of rebuttal and sur-rebuttal evidence of the
prosecution and the defense
d. Submission of the case for decision
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 modified.
Bail to secure appearance of material witness
 If the material witness will not testify when required, the court will
order the witness to post bail in such sum as may be deemed
proper.
 If the material witness refuses to post bail, the court shall commit
him to prison until he complies or is legally discharged after his
testimony has been taken.
Examination of witness for prosecution
 The witness must be conditionally examined before the court where
the case is pending when it appears that he is too sick or infirm and
has to leave the Philippines with no definite date of returning.
 Such examination shall be conducted in the same manner as an
examination in the trial.
 Failure or refusal of the accused to attend the examination after
notice shall be considered a waiver.
 The statement taken may be admitted in behalf or against the
accused.
Trial of several accused
 When two or more accused are jointly charged with an offense,
they shall be tried jointly unless the court, in its discretion and upon
motion of the prosecutor or any accused, orders separate trial for
one or more accused.
Discharge of the accused to be a state witness
 The court may direct one or more accused to be discharged with
their consent to become witnesses
 View of the court:
 a. there is absolute necessity for the testimony of the
accused;
b. there is no direct evidence available;
c. The testimony can be substantially corrobated in its
material points;
d. The accused does not appear to be the most guilty; and
e. The accused have not been convicted of any offense
involving moral turpitude
When mistake has been made in charging the proper offense
 When mistake has been made in charging the proper offense, the
accused shall not be discharged if there appears good cause to
detain him.
 The court shall commit the accused to answer for the proper
offense and dismiss the original case upon the filing of the proper
information.
Exclusion of the public in trial
 The judge may, motu proprio, exclude the public from the
courtroom if the evidence to be produced during the trial is
offensive to decency or public morals.
 The judge may also exclude public from the trial except court
personnel and the counsel of the parties on motion of the accused.
Dismissal of the case on the ground of insufficiency of evidence
(Demurrer to evidence)
 After the prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence by:
1. Motu propio or on the court’s own initiative after giving the
prosecution the opportunity to be heard; or
2. Upon demurrer to evidence filed by the accused with or
without leave of court.
Reopening of the proceedings
 At any time before finality of the judgment of conviction, the judge
may, reopen the proceedings to avoid a miscarriage of justice.
 The proceedings shall be terminated within 30 days from the order
granting it.
Judgment
 Defined as the adjudication by 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
 Written in the official language
 Personally and directly prepared by the judge and signed by him
 Shall contain clearly and distinctly a statement of the facts and the
law upon which it is based
Contents of the Judgment
a. If the judgment is of conviction, it shall state:
1. the legal qualification of the offense
2. the participation of the accused in the offense
3. The penalty imposed upon the accused
4. The civil liability or damages
b. If the judgment is of 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 doubt.
Judgment for two or more offenses
 The court may convict the accused of as many offenses as
charged and proved, and impose on him the penalty for each
offense, setting out separately the findings of fact and law in each
offense.
Effect in case of variance between allegation and proof
 The accused shall be convicted of the offense proved which is
included in the offense charged, or of the charged which is included
in the offense proved.
Promulgation of Judgment
 The judgment is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered.
  If the conviction is for a light offense, the judgment may be 3. To the Supreme Court
pronounced in the presence of his counsel or representative.
*When the judge is absent or outside the province or city, the judgment
may be promulgated by the clerk of court
New Trial or Reconsideration
 At any time before a judgment of conviction becomes final with the
consent of the accused
Grounds for New Trial
1. Errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial.
2. New and material evidence has been discovered
Grounds for Reconsideration
 Errors of law or fact in the judgment
Effects of granting a new trial or reconsideration
 New trial is granted on the ground of errors of law or irregularities
committed during the trial
 all the proceedings and evidence affected thereby shall be
set aside and taken anew
 New trial is granted on the ground of newly-discovered evidence
 the evidence already adduced shall stand and the newly-
discovered evidence shall be considered
 New trial or reconsideration in all cases
 the original judgment shall be set aside or vacated and a
new judgment rendered accordingly
Appeal
 Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy
Where to Appeal
1. To the Regional Trial Court
2. To the Court of Appeals or Supreme Court in proper cases
provided by law