3105 Pre-Midterms [Justice, Law Enforcement, Prosecution, 19 Cases)

Justice

It is concerned with what is lawful and fair, and injustice with what’s lawless and unfair.

Complete/General/Broad/Universal Justice

“Justice is complete virtue, but not absolutely, but in relation to our neighbour… It is complete because he who possesses it can exercise his virtue not only in himself but towards his neighbour also; for many men can exercise virtue in their own affairs, but not in their relations to their neighbour.”

Just

It is whatever produces and maintains happiness and its parts for a political community.

Partial/Particular/Narrow Justice

It is concerned with fairness and equality in relations between people. It focuses especially on fairness/equality in dealings involving benefits, burdens, gains, and losses.

Equality

This means treating every person the exact same way under the rules.

Equity

This means providing tailored or different treatment to account for unique barriers and systemic disadvantages.

Distributive Justice

Kind of Partial/Particular/Narrow Justice: “one kind is that which is manifested in distributions of honour or money or the other things that fall to be divided among those who have a share in the constitution (for in these it is possible for one man to have a share either unequal or equal to that of another), and…”

Corrective Justice

Kind of Partial/Particular/Narrow Justice: “one is that which plays a rectifying part in transactions between man and man. Of this there are two divisions; of transactions (1) some are voluntary and (2) others involuntary…”

Etymology of Justice

Justice is derived from the Latin word “jus” which meant “that which is sanctioned or ordained by law”.

jus

Justice is derived from the Latin word “_____” which meant “that which is sanctioned or ordained by law”.

Justice as a command, fear and violence.

This origin of justice with Classical Antiquity that is marked by anarchy and dark ages.

Justice as a need; Justice as a binding

These origins of justice were during the Middle age; 6th century B.C. where Athens wanted peace and order so they sought their statesman, Solon to turn his vision of social order into reality;

Justice as a life and limitation

This origin of justice is now the Modern day where the influence of Athenian justice can be seen in various countries.

Article III Bill of Rights, Section 1

Where in the 1987 Philippine Constitution is justice defined, and under which Article and Section?

“No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”

Substantive Due Process

Type of Due Process that requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or property.

Procedural Due Process

Type of Due Process that consists of the two basic rights of notice and hearing, as well as the guarantee of being heard by an impartial and competent tribunal.

City of Manila vs. Laguio Jr.

What case is this? Private respondent Malate Tourist Development Corporation (MTDC) operates lodging businesses and opened Victoria Court in Malate, licensed as a motel and accredited as a hotel. The City Council of Manila enacted Ordinance No. 7783 to prohibit the establishment or operation in the Ermita‑Malate area of certain enumerated businesses described as providing “amusement, entertainment, services and facilities where women are used as tools in entertainment and which tend to disturb the community, annoy the inhabitants, and adversely affect the social and moral welfare of the community.”

Due Process

City of Manila vs. Laguio Jr.: There is no controlling and precise definition of __________. It furnishes though a standard to which governmental action should conform in order that deprivation of life, liberty or property, in each appropriate case, be valid. This standard is aptly described as a responsiveness to the supremacy of reason, obedience to the dictates of justice, and as such it is a limitation upon the exercise of the police power.

Procedural Due Process

City of Manila vs. Laguio Jr.: __________________ refers to the type of due process that looks into the procedures that the government must follow before it deprives a person of life, liberty, or property. Its issues are concerned with what kind of notice and what form of hearing the government must provide when it takes a particular action.

Substantive Due Process

City of Manila vs. Laguio Jr.: _______________ refers to the type of due process that asks whether the government has an adequate reason for taking away a person's life, liberty, or property. In other words, ______________ looks to whether there is a sufficient justification for the government's action.

White Light Corporation vs. City of Manila

What case is this? On December 3, 1992, the Mayor of Manila approved Ordinance No. 7774, which declared it city policy to protect public health, welfare and morality and prohibited "short-time admission"—defined as charging a room rate for less than twelve hours or renting rooms more than twice a day—and any "wash-up" or similar rate schemes in hotels, motels, inns, lodging houses, pension houses and similar establishments in the City of Manila. The ordinance prescribed a penalty of P5,000 fine or imprisonment of not more than one year, or both, and provided for automatic cancellation of a business license on subsequent conviction.

Procedural Due Process

White Light Corporation vs. City of Manila: __________________ refers to the type of due process that the government must follow before it deprives a person of life, liberty, or property. It concerns itself with government action adhering to the established process when it makes an intrusion into the private sphere. Examples range from the form of notice given to the level of formality of a hearing

Substantive Due Process

White Light Corporation vs. City of Manila: __________________ refers to the type of due process that completes the protection envisioned by the due process clause. It inquires whether the government has sufficient justification for depriving a person of life, liberty, or property.

Rational Basis Test

A test to determine sufficient justification for government action that focuses on whether there is a rational connection between the law enacted and the government's legitimate interest.

Intermediate Scrutiny

A test to determine sufficient justification for government action that focuses on whether there is a substantial connection between the law and the government interest.

Strict Scrutiny

A test to determine sufficient justification for government action that focuses on whether there is a compelling governmental interest and on the absence of less restrictive means for achieving that interest.

Rights of Accused

This is the concept that: “No person shall be held to answer for a criminal offense without due process of law.”

Article 3 Bill of Rights, Section 14

What Article and Section of the 1987 Philippine Constitution provides the Rights of the Accused?

Miranda Rights

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, the state will provide one for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Divine Law

Division of law that says God himself is the legislator who has promulgated the law.

Positive Law

Division of law that says the law promulgated by men to regulate human relation.

General or Abstract Sense; Specific or Material Sense

According to Tolentino, there are two (2) concepts of law, namely: ___________________; ________________

General or Abstract Sense

Law is equivalent to the Spanish term DERECHO (science of moral law).

General or Abstract Sense of Law

It means “the science of moral rules, founded on the rational nature of man, which govern his free activity, for the realization of the individual and social ends, of a nature both demandable and reciprocal.”

General or Abstract Sense of Law

It is “the mass of obligatory rules established for the purpose of governing the relations of persons in society.”

Specific or Material Sense

Law is equivalent to the Spanish term LEY (Rule of Conduct).

Specific or Material Sense of Law

It is a “juridical proposition or an aggregate of juridical propositions, promulgated and published by the competent organs of the State in accordance with the Constitution.”

Specific or Material Sense of Law

It is a “norm of human conduct in social life, established by a sovereign organization and imposed for the compulsory observance of all.”

Law

According to Sanchez Roman, _____ is “a rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members.”

Sanchez Roman

According to ________________, law is “a rule of conduct, just, obligatory, promulgated by the competent authority for the common good of a people or nation, which constitutes an obligatory rule of conduct for all its members.”

it is a rule of human conduct; promulgated by competent authority; obligatory; general observance.

Enumerate the Characteristics of Law

Civil Law

Branch of law that generally treats the personal and family relations of an individual, his property and successional rights, and the effects of obligation and contracts.

Criminal Law

Branch of law which defines crimes, treats of their nature and provides for their punishment.

Civil Law

The purpose of this type of law is to provide a remedy to the aggrieved party, usually in the form of monetary compensation or specific performance.

Criminal Law

The primary objective of this type of law is to impose punishment on the offender.

Preponderance of Evidence

The Burden of Proof in Civil Law

Proof Beyond Reasonable Doubt

The Burden of Proof in Criminal Law

Plaintiff vs Defendant

Parties in Civil Law

State vs Accused

Parties in Criminal Law

Criminal Justice System

“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, provision being made for their correction and rehabilitation.”

Maragtas Code and Code of Kalantiao; Arrest and Trial by Ordeal

History of CJS in the Philippines during Pre-Spanish Period use what methods/materials?

Spanish Codigo Penal; Revised Penal Code (Act. 3815)

History of CJS in the Philippines during Spanish Period use what methods/materials?

Republic Act No. 10951

History of CJS in the Philippines during Present use what method/material?

Real Party in Interest

Rule 3, Section 2 of the Rules of Court: _____________ refers to the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. (2a)

Section 5, Rule 110

Under what Section and Rule of the Rules of Court, all criminal actions commenced by complaint or Information shall be prosecuted under the direction and control of the public prosecutor. The public prosecutor represents the People of the Philippines in the prosecution of offenses before the metropolitan trial courts, municipal trial courts, municipal circuit trial courts, and regional trial courts. When such criminal actions are brought to the Court of Appeals or this Court, however, it is the Solicitor General who must represent the People of the Philippines, not the public prosecutor.

Solicitor General

When such criminal actions are brought to the Court of Appeals or this Court, however, it is the ______________ who must represent the People of the Philippines, not the public prosecutor.

State; Accused; Victim; Community

Participants in the Criminal Justice System

Suspect

At the police stage, during investigation, he is referred to as the ___________.

Respondent

At the prosecutor stage, during the determination of probable cause, he is referred to as the ______________.

Accused

At the trial of the case, when a case has been filed in Court, he is referred to as the ____________.

Convict

Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgement has been rendered, he is referred to as the _____________.

Criminal

It is only upon undergoing all the process when the person has served the sentence when he can really be considered as a ____________.

Presumption of Innocence

In any criminal prosecution, the accused is to be presumed innocent unless proven guilty beyond reasonable doubt. No less than our Constitution under paragraph 2 of Section 14, Article III mandates that the accused shall be presumed innocent until the contrary is proved. In addition, Section 2, Rule 134 of the Rules of Court specifically provides that "[i]n a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt."

Burden of Proof; Beyond Reasonable Doubt

“In resolving a criminal case, the _______________ rests with the prosecution, which must rely on the strength of its own evidence and not on the weakness of the defense. (This is a matter of due process. The prosecution's failure to discharge its burden necessarily negates the accused's criminal liability.) And that proof must be ________________________.

Proof Beyond Reasonable Doubt

______________________, or that quantum of proof sufficient to produce a moral certainty as to convince and satisfy the conscience of those who act in judgment is indispensable to overturn the constitutional presumption of innocence.”

Adversarial Approach

• assumes innocence of the accused. The prosecutor representing the State must prove the guilt beyond reasonable doubt;

• requires that the proper procedures are followed since they are designed to protect the rights of the accused;

• embodies the basic concept of equal protection and due process. These concepts are necessary in order to create a system in which the accused has a fair chance against the tremendous powers of the prosecutors and the resources of the State.

Inquisitorial Approach

• assumes guilt of the accused. The accused must prove that he/she is innocent;

• places a greater emphasis on conviction rather than on the process by which the conviction is secured.

Enforcement; Prosecution; Court; Correction; Community

Enumerate the Five Pillars of Criminal Justice System in the Philippines

Enforcement Pillar

• Also called the “police pillar”

• Occupies the frontline of the criminal justice system;

• It investigates, makes arrests and prepares evidence against the suspects needed to prosecute them.

Article 16 General Provisions, Section 6

Under what Article and Section of the 1987 Constitution provides: "The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission…"

Article 10 Local Government, Section 21

Under what Article and Section of the 1987 Constitution provides: "The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government."

Arrest

The taking of a person into custody in order that he may be bound to answer for the commission of an offense. (Sec. 1, Rule 113, Rules of Court)

How Arrest is Made

By actual restraint of a person to be arrested, or by submission to the custody of the person making the arrest.

TRUE

TRUE OR FALSE: No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.

FALSE

TRUE OR FALSE: An arrest may only be made in the morning, convenient for everyone.

Article 6 The Legislative Department, Section 11

Under what Article and Section of the 1987 Constitution is it provided that: “A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session.”

Congress; Foreign Ambassadors; Public Ministers; Heads of States

Enumerate the persons not subject to arrest

Republic Act No. 75

What Republic Act provides: “whereby the person of any ambassador or public minister of any foreign state, authorized and received as such by the President, or any domestic or domestic servant of any such ambassador or minister is arrested or imprisoned, or his goods or chattels are distrained, seized, or attached, shall be deemed void…”

Reciprocity

The persons not subject to arrest such as foreign ambassador or public minister subject to the rule of _______________.

warrant of arrest

No peace officer or person has the power or authority to arrest anyone without a _______________.

Warrant of Arrest

An order in writing issued in the name of the People of the Philippines signed by a judge, directing a peace officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an offense.

Article 3 Bill of Rights, Section 2

Under what Article and Section of the 1987 Constitution is it provided that: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.”

• There must be probable cause

• The probable cause must be determined personally by a judge

• It must be issued after examination, under oath or affirmation, of the complainant and the witnesses he may produce

• The warrant must particularly describe the person to be arrested

• It must be in connection with one specific offense or crime.

Enumerate the Requisites of a Warrant of Arrest

Probable Cause

_____________ refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.” (Mendoza vs People, GR No. 248350, December 5, 2022)

Personal Determination of Probable Cause

Requisites of Warrant of Arrest: “Thus, a judge's determination of probable cause, while discretionary, must be "determined personally." Soliven v. Makasiar deemed this requirement satisfied even if the issuing judge did not "personally examine the complainant and his witnesses.“ However, the issuing judge must still personally examine the applicant's supporting documents, or require the submission of additional evidence, if necessary. Ultimately, the issuing judge must satisfy themselves of the existence of probable cause through their own examination of the facts presented.

Judge

What the Constitution underscores is the exclusive and personal responsibility of the issuing _______ to satisfy himself [of] the existence of probable cause. In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the _______ is not required to personally examine the complainant and his witnesses. Following established doctrine and procedure, he shall:

• (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the existence of probable cause and, on the basis thereof, issue a warrant of arrest; or

• (2) if on the basis thereof he finds no probable cause, he may disregard the fiscal's report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause.

Particularly Describing the Person to be Arrested

Requisites of Warrant of Arrest: “…it is invariably recognized that the warrant for the apprehension of an unnamed party is void, "except in those cases where it contains a description personae such as will enable the officer to identify the accused." The description must be sufficient to indicate clearly the proper person upon whom the warrant is to be served.” (People vs Veloso, G.R. No. L

One Specific Offense Rule

Requisites of Warrant of Arrest: “In furtherance of this constitutional right, the Court issued the Revised Rules of Criminal Procedure, Sec. 4, Rule 126 of which provides the requisites for a search warrant as follows: Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon probable cause in connection with _______________ to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he [or she] may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.

Scatter Shot Warrant

a warrant that is issued for more than one offence.

John Doe Warrant

a warrant that does not name the person subject of the warrant.

General Warrant

a warrant that does not describe the things to be seized with required particularity.

Search Warrant

A written order issued in the name of the People of the Philippines signed by a judge and directed to peace officers, commanding them to search for personal property and bring it before the court.

• There must be probable cause

• The probable cause must be determined personally by a judge

• It must be issued after examination, under oath or affirmation, of the complainant and the witnesses he may produce

• The applicant and the witnesses testify on the facts personally known to them

• The warrant must particularly describe the place to be searched and the things to be seized

• It must be in connection with one specific offense or crime.

Enumerate the Requisites of Arrest Warrant

Particularity of Description

Indeed, the purpose of the "________________" requirement is to limit the articles to be seized only to those specifically described in the search warrant in order to leave the officers of the law with no discretion regarding what items they shall seize. Such discretion is abhorrent, as it makes the person, against whom the warrant is issued, vulnerable to abuses. However, technical precision of description is not required. It is only necessary that there be reasonable particularity and certainty as to the identity of the property to be searched for and seized, so that the warrant shall not be a mere roving commission.

Preliminary Inquiry/Examination

The determination by the judge of the existence of probable cause for the purpose of issuing a warrant of arrest.

Section 5 Rule 113

What Section and Rule in the Rules of Court provides the Valid Warrantless Arrest?

In Flagrante Delicto Arrest

Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) xxx

overt act

An in flagrante delicto arrest requires the concurrence of two (2) elements:

• (a) the person arrested must execute an _________ indicating that he or she has just committed, is actually committing, or is attempting to commit a crime; and

• (b) the __________ was done in the presence or within the view of the arresting officer. (People vs. Villareal, G.R. No. 201363, Mar 18, 2013)

Hot Pursuit Arrest

Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person: (a) xxx; (b) When an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it.

offense; personal knowledge

Hot pursuit arrest requires the following to be valid:

• (1) the offender has just committed an ________; and

• (2) the arresting peace officer or private person has _________________ of facts indicating that the person to be arrested has committed it. (People vs Haiyun et. al, G.R. No. 242889, March 14, 2022)