Republican College

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CRIM 2: PHILIPPINE CRIMINAL JUSTICE SYSTEM

The Court - The Court plays a dual role in the Philippines Criminal Justice
System – as participant and supervisor of the latter’s process and
dispensation. The court is responsible for trial process.
Supreme Court - It is the only court created by the constitution and often
referred to as the “Court of Last Resort.” It renders final judgments on
constitutional and other important issues and questions of law.
Court of Appeals - It is composed of Presiding Justice and 50 Associate
Justice. It has 17 composed of three members. It decides on appealed cases
coming from the Regional Trial Court.
Regional Trial court –It is presided by a Regional Trial Judge in each of the
regions of the country. It exercises exclusive original jurisdiction in civil
cases and 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.
Metropolitan Trial Court –It is established by law in each Metropolitan
area like Metro Manila and other metropolitan areas throughout the
archipelago.
Municipal Circuit Trial Court - It is established in each area defined as a
municipal circuit comprising one or more cities and/or one or more
municipalities grouped together according to law.
Municipal Trial Court - It is established in every city not forming part of
the metropolitan area and in each of the municipalities not comprised within
the metropolitan area.
Shari’a Court - It is established as the Judicial system customary laws and
justice among Muslim communities which exercises jurisdiction over cases
involving persons, family and property relations of Muslim Filipinos.
Sandiganbayan - It was created by Presidential Decree No.1606 whose
function is to hear and decide on cases of corruption involving government
officials and employees in the performance of their duties. It also has
jurisdiction to try cases on money laundering.
Court of Tax Appeals - It was created under Republican Act No.1125 which
has the exclusive power to review on appeal the decisions of the
Commissioners of Internal Revenue involving internal revenue taxes and the
decisions of the Commissioners of Customs regarding customs duties.
Family Court - Court who has original and exclusive jurisdiction over cases
of violence against women and their children.
Court - Is an organ of the government belonging to the Judicial Department
whose function is the application of the law to controversies brought before
it and the public administration of Justice.
Judge - A public officer appointed to preside and administer the law in a
court of justice.
Clerk - Who keeps records, has power to issue specific writs and files
document.
Jurisdiction - The scope of authority of specific court to hear particular
cases.
Justice - The constant perpetual disposition of legal matters or disputes to
render every man his due.
Preliminary Hearing - Hearing before judge to determine whether
sufficient evidence exists to
Trial - Court examination of facts to decide issue in dispute.
Arraignment - Calling of accused before court to hear charges and enter
plea.
Self Incrimination - Statement that implicates oneself in a crime.
Mediator - The person who settles disputes and serves as intermediary
between parties.
Out of Court Settlement - The agreement reach between parties in civil
suit before or outside court proceeding.
Court Order - The decree issued by court, usually requiring party to do or
not to do something.
Temporary Restraining Order - Court order barring one party from action
that might harm another, especially through physical contact, until hearing
on specific date.
Subpoena - (Under penalty) Command to appear in court and testify.
Subpoena Ad Testificandum - It is a process by court directing a person
requiring him to appear and testify in an investigation or hearing.
Subpoena Duces Tecum - A process issued by court directing a person to
appear and bring with him books, documents or other things under his
control in an investigation or hearing.
Summons – a written notice informing the respondent that he is charged
with an offense and directing him to file his answer. Court appear
announcing suit and stating time for court appearance
Writ- a written court order issued to serve administration of justice, usually
stipulating that something be done or not be done.
Writ of Habeas Corpus-court order requiring that detained prisoner be
produced in court to inquire into legality of detention.
Writ of Mandamus-it is a writ issued in the name of the state, to an
inferior tribunal, corporation, board, or person, commanding the
performance of an act which the law enjoins as a duty resulting from an
office, trust or station.
Writ of Amparo- it is a remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by an unlawful act
or omission of a public official or employee, or of a private individual of
entity engaged in the gathering, collecting or sorting of data or information
regarding the person, family, home and correspondence of the aggrieved
party.
Affidavit - this is a sworn statement in writing made by a person and
subscribed before a notary public. A written statement sworn under oath
before authorized officer on notary.
Oath - affirmation or solemn pledge binding one to tell the truth according
to the law, after which false statement are punishable as perjury.
Notary - officer of state authorized to administer oaths and acknowledge
signing of documents, notary public.
Public Document - it is a document notarized by the public official with
solemnities required by the law.
Cease and Desist - an order prohibiting a specific activity, mandatory
injunction.
Injunction - court order directing someone to do or not to do something.
Objection - lawyer’s protest to judge over statement or question by
opposition.
Judgement - court’s final decision on matter in favour of plaintiff or
defendant.
Decision - verdict or determination in case.
Guilty - found justly responsible for offense and liable to punishment.
Dismiss - throw case out of court, drop charges.
Acquittal - not guilty verdict absolving accused party from guilt.
Sentence - court judgment stating punishment in criminal case.

Jurisdiction of Courts
Jurisdiction is the power and authority of a court to hear, try and decide a
case. It may be:
1. General-when it is empowered to decide all disputes which may come
before it except those assigned to other courts (e.g. jurisdiction of the
regional Trial Courts)
2. Limited- when it has authority to hear and determine only a few specified
cases (e.g. jurisdiction of special courts)
3. Original- when it can try and decide a case which cannot be presented
for the first time.
4. Appellate- when it can take a case already heard and decided by lower
court removed from the latter by appeal.
5. Exclusive- when it can try and decide a case which cannot be presented
before any other court.
6. Concurrent- when any one of two courts may take cognizance of a case.
7. Criminal-that which exists for the punishment of crime
8. Civil- that which exists when the subject matter s not of criminal nature
(e. g. collection of debt)