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SESSION 6: Overview of Court

Procedures:
Judge
Marivic A. Trabajo-Daray
Civil and
Criminal
Procedures
RTC-17, Cebu City

Workshop
Learning Exercise: Due Process Complete the Flowchart
Duration: 15-20 minutes
Materials: Metacards, Pentel Pen OR Print out the relevant steps in
civil, criminal and administrative cases

Participants will be divided into 3 groups and will be given an


envelope that contains metacards/sheets of paper that correspond
to the relevant steps in civil, criminal and administrative cases
respectively.

Based on their own knowledge, the participants must rearrange the


metacards/sheets of paper to complete the process assigned to

Civil

Criminal

Administrative

Proceedings for when a


Lays down the

party sues another for the


processes by which an
enforcement or protection
offender is made to
of a right, or the
answer for the violation
prevention or redress of a
of criminal laws ;
wrong;

Part of the law which


governs the organization,
functions, and procedures
of administrative agencies
of the government to which
quasi legislative and quasi
judicial powers are granted.

Case is filed by a private


party;

Case is prosecuted by
the government;

Case is filed by a private


party

Standard of proof
Preponderance of
evidence,

Standard of proof
Proof beyond
reasonable doubt

Standard of proof
Substantial evidence

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Burden of proof

Claimant must give proof,


however, the burden may
shift to the defendant in
situations of Res Ipsa
Loquitur (the thing speaks
for itself)
Winning party will be

compensated (usually in
monetary terms)

Burden of proof
Innocent until proven
guilty; the prosecution
must prove the guilt of
the accused

A guilty defendant is
subject to imprisonment
and/or payment of fines

The complainant has the


burden of proving the
allegations in his or her
complaint. In the absence
of evidence to the
contrary, there is a
presumption of regularity.
Upon finding a violation,
administrative agencies
have several possible
remedies. They can
suspend, revoke, or
cancel licenses or
certificates, pursue
criminal charges, seek
court orders, or issue
"cease and desist" orders

CIVIL
PROCEDURE

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CRIMINAL
PROCEDURE

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Thank You!

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