3105 Midterms [Court, Correction, Community, Philippine Criminal Law]

Court Pillar

• The centerpiece of the criminal justice system;

• The arbiter of justice;

• It is responsible for the trial process.

Arraignment

It is the formal mode and manner of implementing the constitutional right of an accused to be informed of the nature and cause of the accusation against him.

Arraignment

The purpose of this is to apprise the accused of the possible loss of freedom, even of his life, depending on the nature of the crime imputed to him, or at the very least to inform him of why the prosecuting arm of the State is mobilized against him.

Rule 116

What Rule No. is Arraignment and Plea in the Rules of Court?

False

TRUE OR FALSE: The arraignment is made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading it in the different language or dialect known to him, and asking him why he pleads guilty or not guilty.

True

TRUE OR FALSE: The accused must be arraigned before the court where the complaint or information was filed or assigned for trial.

10 calendar days

How many days must an arraignment be held after the court receives the case for a detained accused?

30 calendar days

How many days must an arraignment be held from the date the court acquires jurisdiction (either by arrest or voluntary surrender) over a non-detained accused?

False

TRUE OR FALSE: The accused can be absent at the arraignment and can have his counsel personally enter his plea.

• inform the accused of his right to counsel

• ask him if he desires to have one

• assign a counsel de oficio to defend him

Enumerate the 3 Duties of the Court Before Arraignment as per Section 6, Rule 116 of the Rules of Court

• the accused is allowed to defend himself in person

• the accused has employed a counsel of his choice.

Enumerate the (2 Exceptions) in Assign a counsel de oficio to defend him except when:

Counsel De Oficio

Identify: Only such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused.

Yes

YES OR NO: In localities where such members of the bar are not available, may the court appoint any person, resident of the province and of good repute for probity and ability, to defend the accused?

Pre-Trial

A proceeding conducted before trial for the purpose of considering the following:

• (a) plea bargaining;

• (b) stipulation of facts;

• (c) marking for identification of evidence of the parties;

• (d) waiver of objections to admissibility of evidence;

• (e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and

• (f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

Rule 118

What Rule No. is Pre-Trial in the Rules of Court?

Plea Bargaining

It refers to the process by which an accused person pleads guilty to a lesser offense (or to a lesser penalty for the same offense), in exchange for more lenient treatment from the prosecution.

• It must be with the consent of the prosecutor

• Offended party

• Accused  

• Approval of the Court

Enumerate the 4 Requisites Before your Accused can plea guilty to a lesser offense

False

TRUE OR FALSE: Pre-Trial is mandatory only during criminal proceedings and not in civil cases.

reduced in writing, signed by the accused and counsel

All agreements or admissions made or entered during the pre-trial conference shall be (1)________________ and (2)____________________________ otherwise, they cannot be used against the accused (Sec. 2, Rule 118, Rules of Court).

Yes

YES OR NO: May the counsel for the accused or the prosecutor be absent from a pre-trial conference if they offer an acceptable excuse for their lack of cooperation?

Yes

YES OR NO: Can the court proceed with the pre-trial despite the absence of the accused and/or the private complainant, provided that they are duly notified of the same, and the counsel for the accused, as well as the public prosecutor, are present?

Trial

This means proceedings in open court after the pleadings are finished and the case is otherwise ready, down to and including the rendition of the judgment.

30 days

The trial shall set not later than ________(no. of days) from the termination of the pre-trial conference.

Continuous Trial

Trial once commenced 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.

• Prosecutor present evidence to prove the charge

• Accused present evidence to prove his defense

• Prosecutor Rebuttal

• Sur Rebuttal

• Submission of the Case for Decision

• Decision of the Court

Enumerate the 6 Order of Trial

Reverse Trial

This happens as a modification of the trial order 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.

Trial in Absentia

According to Section 14 (2), Article III of the 1987 Constitution this concept refers to "after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable." x x x

Section 14(2) Article 3

What Section and Article in the 1987 Constitution provides Trial in Absentia?

• the accused has already been arraigned

• he has been duly notified of the trial

• his failure to appear is unjustifiable.

Enumerate the 3 Requisites of Trial in Absentia

Judgment

It is 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.

Rule 120

What Rule No. is Judgement in the Rules of Court?

Requisites of a Valid Judgment

What do you call the following?

• It must be written in the official language

• It must be personally and directly prepared by the judge and signed by him

• It must contain clearly and distinctly a statement of the facts and the law upon which it is based

promulgated

The judgment is ____________ by reading it in the presence of the accused and any judge of the court in which it was rendered.

90 days

In a criminal proceeding, the judge is given _______ (no. of days) from which to decide the case. After this period, the judge has to promulgate his judgment. To determine the accused is guilty or not guilty of the crime that is charged against him.

False

TRUE OR FALSE: If the conviction is for a light offense, the judgment should be pronounced in the presence of the accused and his counsel or representative.

True

TRUE OR FALSE: If the judge is absent or is outside the province or city, the judgment may be promulgated by the clerk of court.

True

TRUE OR FALSE: If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon the request of the court which rendered the judgment.

Promulgation

In the Court Pillar, this concept means you will be read what the verdict is. The general rule for this is the accused must be present.

• when it’s only light offense

• when the judgment is acquittal

Regarding promulgation, there are two exceptions to the general rule. When may the accused be absent during promulgation? Enumerate the 2.

Appeal

It is a legal process by which a party seeks a higher court's review of a lower court's decision.

15 days

In the Philippines, the standard appeal period in criminal cases is ________ (no. of days) from the promulgation of the judgment or from notice of the final order.

statutory privilege

The right to appeal is neither a natural right nor is it a component of due process. It is a mere ___________________, and may be exercised only in the manner and in accordance with the provisions of law.

Appeal

It confers upon the appellate court jurisdiction to examine the records, revise the judgment appealed from, increase (or reduce) the penalty, and cite the proper provision of the penal law. The appellate court may, and generally does, look into the entire records to ensure that no fact of weight or substance has been overlooked, misapprehended, or misapplied by the trial court.

Correction Pillar

The fourth pillar of the CJS. It is charged with the responsibility of custody, supervision, and rehabilitation of convicted offenders.

Correction Pillar

The “weakest pillar” as it substantially fails to reform and rehabilitate offenders, and prevent them from committing similar or another crime/s.

• New Bilibid Prison

• Correctional Institution for Women

• Iwahig Prison and Penal Farm

• Davao Prison and Penal Farm

• Sablayan Prison and Penal Farm

• San Ramon Prison and Penal Farm

• Leyte Regional Prison

Enumerate the 7 National Prisons in the Philippines

(Atty, said on 9/21/26 “There are seven national prisons in the Philippines. This will be part of our exam.”)

• Department of Justice (DOJ)

• Department of Interior and Local Government (DILG)

• Department of Social Welfare and Development (DSWD)

Enumerate the 3 Main Government Agencies Responsible for Correction

Bureau of Corrections (BuCor)

It is an agency under the DOJ, tasked to effectively rehabilitate and safekeep national prisoners sentenced to more than 3 years. In addition, it formulates, implements and monitors programs and activities on parole, probation and the grant of executive clemency. It was formerly called Bureau of Prisons when its main thrust before was safekeeping of national prisoners.

3 years

Bureau of Corrections, an agency under the DOJ, tasked to effectively rehabilitate and safekeep national prisoners sentenced to more than ________.

Board of Pardons and Parole

It is an agency under the DOJ tasked to uplift and redeem valuable human material to economic usefulness and to prevent unnecessary and excessive deprivation of personal liberty by way of parole or through executive clemency;

Parole and Probation Administration

It is an agency under the DOJ which provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community-based treatment programs.

Provincial Government (Office of the Governor)

Under DILG, it is supervises and controls the provincial jails.

Bureau of Jail Management and Penology (BJMP)

It is an agency under the DILG that supervises and controls the district, city and municipal jails.

Juvenile Justice and Welfare Council

It is an agency under the DSWD that operates and maintains rehabilitation centers nationwide for youth offenders.

Retribution

Purposes/Goals: To punish offender for the crime/s committed

Deterrence

Purposes/Goals: To discourage offenders from committing a crime;

Isolation

Purposes/Goals: To separate the offenders from the rest of the society

Retribution, Deterrence, Isolation

Enumerate the 3 Purposes/Goals under Retributive Justice

Reformation

Purposes/Goals: To modify the criminal mind of the offender

Rehabilitation

Purposes/Goals: To modify the criminal behavior of the offender

Reintegration

Purposes/Goals: To allow offender reentry to the society.

Reformation, Rehabilitation, Reintegration

Enumerate the 3 Purposes/Goals under Restorative Justice

Retributive Justice

It is a response to criminal behavior that focuses on the punishment of lawbreakers and the compensation of victims. In general, the severity of the punishment is proportionate to the seriousness of the crime.

Restorative Justice

It is a process through which remorseful offenders accept responsibility for their misconduct, particularly to their victims and to the community. It creates obligation to make things right through proactive involvement of victims, ownership of the offender of the crime and the community in search for solutions which promote repair, reconciliation and reassurance.

Classical Theory

Theories in Correction: It views people as rational actors who pursue self-interest and can be deterred from committing a crime by imposing punishment.

Neo-Classical Theory

Theories in Correction:

• It accepts that people have different rights and mitigating circumstances which allow alternative sentences and rehabilitation aims.

• It acknowledges the evident differences among offenders like age, gender and class, and thus, not all offender should be treated in the same class.

Positivist Theory

Theories in Correction:

• The focus of interest is with the offender and not the crime committed.

• It views criminals as having no free will, but are motivated by factors like biological, economic and social factors, over which they do not have control.

Eclectic/Mixed Theory

Theories in Correction: It is the combination of the aspects of the classical, neo-classical and positivist theories wherein crimes that are economic and social in nature are dealt in a positive manner, thus the law is more compassionate.

Institutional Correction, Non-Institutional Correction

Enumerate the 2 Divisions of Corrections

Institutional Correction

It refers to the typical incarceration systems whereby convicted criminals are placed in prison or jail to serve their sentences. Otherwise stated, correctional activities take place in prisons and jails.

Prison

It is a correctional facility that mainly holds prisoners with sentence term of more than 3 years. This refers to the national prisons or penitentiaries managed and supervised by the BuCor.

Jails

It is a correctional facility holding mainly detainees or prisoners with sentence term of 3 years or less. This refers to the provincial, district, city or municipal jails managed and supervised by the Office of the Provincial Governor, as well as the BJMP.

Non-Institutional Correction

Correctional activities that take place within the community or a method of correcting sentenced prisoners without having to go to prisons. They are granted probation or parole or recognizance, and supervised by proper government agencies, i.e. the Board of Pardons and Parole, the Parole and Probation Board, and the Department of Social Welfare and Development (DSWD).

Sentenced Prisoners, Detained Prisoners

Enumerate the 2 Classes of Prisoners

Sentenced Prisoners

Classes of Prisoners: Those that are sentenced by final judgment and are serving sentence.

Detained Prisoners

Classes of Prisoners: Those that are still undergoing investigation, awaiting judgment or undergoing trial, or awaiting final judgment from the courts.

Persons Deprived of Liberty (PDL)

Generally, prisoners and detainees are called _________________________.

Insular or national prisoners

Classes of Sentenced Prisoners: Prisoners sentenced to more than three (3) years. They shall be committed to the Bureau of Corrections in Muntinlupa, Metro Manila;

Provincial prisoners

Classes of Sentenced Prisoners: Prisoners sentenced to one (1) year and one (1) day but not more than three (3) years. They shall be committed to the city or provincial jail warden.

City prisoners

Classes of Sentenced Prisoners: Those sentenced to one (1) year and one (1) day but not more than three (3) years. They shall be committed to the city jail warden.

Municipal Prisoners

Classes of Sentenced Prisoners: Those sentenced to not more than one (1) year. They shall be committed to the municipal jail warden.

Bail

It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified.

Bail

It may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

Mittimus Order

It is a warrant issued by a court, bearing its seal and the signature of the judge, directing the jail or prison authorities to receive the convicted offender for service of sentence.

Commitment Order

It is an order issued by a court or competent authority consigning a person to jail or prison for purposes of detention.

Community Pillar

It is an integral part of criminal justice in the Philippines and has been so recognized as the fifth pillar.

Community

This term refers to the people, organization, associations, government and other agencies that are tasked to work hand in hand for the promotion of the general welfare of the people. They are the elements that are mobilized and energized to help the authorities in effectively addressing the law and order concern of the citizenry.

Community Pillar

It is considered the most critical and useful component in the criminal justice system in view of its massive and pervasive composition.

Crime Prevention

Functions of the Community Pillar: “Comprises strategies and measures that seek to reduce the risk of crimes occurring, and their potential harmful effects on individuals and society, including fear of crime, by intervening to influence their multiple causes."

Victim Prevention

Functions of the Community Pillar: Consists of information dissemination regarding the roles and features of the criminal justice system.

Criminal law

It is a branch or division of law, which defines crimes, treat of their nature, and provides for their punishment of crimes.

Arresto Menor

Penalty with the duration of 1 day to 30 days

Arresto Mayor

Penalty with the duration of 1 month 1 day to 6 months

Prision Correccional

Penalty with the duration of 6 months 1 day to 6 years

Prision Mayor

Penalty with the duration of 6 years 1 day to 12 years

Reclusion Temporal

Penalty with the duration of 12 years 1 day to 20 years

Reclusion Perpetua

Penalty with the duration of 20 years 1 day to 40 year

Republic Act No. 9346

What Republic Act No. prohibited the imposition of death penalty?

Capital

Classification of Penalties According to Gravity: Death

Afflictive

Classification of Penalties According to Gravity: Reclusion Perpetua