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intro to PCJS > court pillar > Flashcards

court pillar Flashcards

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1
Q

What is the primary role of the court in the PCJS?

A

To determine the innocence or guilt of persons accused of crimes.

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2
Q

What happens if a Trial Court finds that guilt has not been proven beyond reasonable doubt?

A

The accused is acquitted and returns to the community as a free man.

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3
Q

Define ‘Court’.

A

A governmental body officially assembled under authority of law for the administration of justice.

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4
Q

What is ‘Jurisdiction’?

A

The authority to hear and determine a cause.

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5
Q

What is the meaning of ‘Venue’?

A

The site or location where the case is to be tried on the merits.

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6
Q

Fill in the blank: Bail is the security given for the release of a person in custody, conditioned upon their appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of _______.

A

corporate surety, property bonds, cash deposit or recognizance.

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7
Q

What does ‘Judgment’ refer to in the context of a court?

A

The adjudication by the court that the accused is guilty or not guilty and the imposition of the proper penalty.

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8
Q

Who is a ‘Judge’?

A

A public officer authorized to hear and decide cases in a court of law.

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9
Q

What is the importance of courts in the administration of the Criminal Justice System?

A

Courts are the final arbiter of all disputes involving violations of criminal law.

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10
Q

List the general functions of the courts in relation to the Criminal Justice System.

A
  • Protect the rights of the accused
  • Determine guilt or innocence
  • Dispose of convicted individuals
  • Protect society
  • Prevent and reduce criminal behavior
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11
Q

What activities do judges participate in before a trial?

A
  • Determine probable cause for warrants
  • Decide on bail matters
  • Hear motions from defense and prosecution
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12
Q

What is the court’s role as a participant in the criminal justice system?

A

To decide the culpability or innocence of the accused after examining the records of the case.

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13
Q

What does the court do to keep peace in society?

A

Decides impartially whether a person has committed a crime and what should be done with them.

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14
Q

What is the composition of the Supreme Court in the Philippines?

A

A Chief Justice and fourteen (14) Associate Justices.

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15
Q

What is the jurisdiction of the Sandiganbayan?

A

Handles criminal cases involving graft and corruption committed by public officers.

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16
Q

What is ‘Original Jurisdiction’?

A

The authority to hear and decide cases brought in the court for the first time.

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17
Q

What is ‘Appellate Jurisdiction’?

A

The authority to hear cases previously heard by a lower court.

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18
Q

Define ‘Exclusive Jurisdiction’.

A

The power to hear and decide to the exclusion of other courts.

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19
Q

What is ‘Concurrent Jurisdiction’?

A

The authority to hear cases that may be brought to two or more courts.

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20
Q

What is a key feature of ‘General Jurisdiction’?

A

The power to hear all disputes except those assigned to other courts.

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21
Q

What is the process of court hearing important for?

A

To study the true facts that happened in the commission of a crime.

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22
Q

List the stages of court proceedings.

A
  • Arraignment
  • Pre-trial
  • Trial
  • Judgment
  • Appeal
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23
Q

What occurs during the Arraignment stage?

A

The accused is read the complaint and pleads guilty or not guilty.

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24
Q

In the Pre-trial stage, what is one purpose of the Pre-Trial Conference?

A

To expedite the proceeding.

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25
What is the purpose of the Trial stage?
To formally investigate the matter in issue regarding the guilt or innocence of the accused.
26
What must be included in the Judgment?
* Written in the official language * Personally and directly prepared and signed by the judge * Contains legal bases of decision
27
What is the time frame for entering an appeal after the promulgation of a decision?
Within 15 days.
28
What must a written decision include?
Legal bases of decision ## Footnote The decision must be personally prepared and signed by the judge.
29
What is the time frame for entering an appeal?
Within 15 days from the date of promulgation ## Footnote After 15 days, the decision shall be Final and Executory.
30
What is an arraignment?
A process where the accused is informed of the charges and asked to plead guilty or not guilty.
31
What must happen within 30 days after arraignment?
The court shall issue an order for a pre-trial conference.
32
What matters are considered during a pre-trial conference?
* Plea bargaining * Marking for identification of evidence * Stipulation of facts * Waiver of objections to admissibility of evidence * Modification of the order of trial * Other matters promoting fair trial
33
What happens to agreements made during the pre-trial conference?
They must be reduced in writing and signed; otherwise, they cannot be used against the accused.
34
When shall a plea of not guilty be entered for the accused?
* When the accused refuses to plead * When he makes a conditional plea of guilty * When he pleads guilty but presents exculpatory evidence
35
What is exculpatory evidence?
Evidence favorable to the defendant that exonerates or tends to exonerate them of guilt.
36
Must the accused be present during arraignment?
Yes, to hear the charge and enter a plea.
37
Is the offended party required to be present during arraignment?
No, unless for plea bargaining or determination of civil liability.
38
Can the court impose a penalty immediately after a guilty plea?
No, a searching inquiry is required for capital offenses.
39
What is bail?
Security given for the release of a person in custody to guarantee their appearance in court.
40
What are the kinds of bail?
* Corporate bond * Property bond * Recognizance * Cash deposit
41
What are the requirements and conditions of bail?
* Effective upon approval * Accused must appear in court * Failure to appear may lead to waiver of rights * Bondsman must surrender the accused
42
When is bail a matter of right?
Before or after conviction for non-capital offenses.
43
When is bail denied outright?
For capital offenses or when evidence of guilt is strong.
44
What happens if a person released on bail is found guilty?
Bail may be denied or cancelled under certain circumstances.
45
Where can bail be filed?
With the court where the case is pending or with any available judge.
46
What is the general rule regarding bail after conviction?
No bail allowed after judgment of conviction becomes final.
47
When can bail be forfeited?
If the accused fails to appear as required by the court.
48
When can bail be cancelled?
* Upon application by bondsmen * Upon acquittal or dismissal of the case
49
What are the distinctions among criminal, civil, and administrative cases?
* Jurisdiction * Weight of evidence * Imposable penalties * Victim designation * Designation of the accused
50
What does 'quash' mean?
To formally declare that a law or court verdict is invalid.
51
When can a complaint or information be quashed?
At any time before entering a plea.
52
What are the grounds for quashing complaints or information?
* Facts charged do not constitute an offense * Court has no jurisdiction over the offense charged
53
What is required for a motion to quash?
It must be in writing, signed by the accused or counsel, and distinctly specify its factual and legal grounds. ## Footnote According to Sec 2, Rule 117 of the Rules of Court, the court shall consider no ground other than those stated in the motion, except lack of jurisdiction.
54
List grounds for quashing complaints or information.
* Facts charged do not constitute an offense * Court has no jurisdiction over the offense charged * Court has no jurisdiction over the person of the accused * Officer who filed the information had no authority * Does not conform substantially to the prescribed form * More than one offense charged, except where a single punishment is prescribed * Criminal action or liability has been extinguished * Contains averments that would constitute a legal excuse or justification * Accused has been previously convicted or acquitted of the offense charged ## Footnote These grounds are outlined in Sec 2, Rule 117 of the Rules of Court.
55
What happens if the accused fails to assert grounds for a motion to quash?
It shall be deemed a waiver of any objections based on certain grounds. ## Footnote This is stated in Sec 7, Rule 117 of the Rules of Court.
56
What is the rule in amending complaints and information?
If based on a defect that can be cured by amendment, the court shall order an amendment. If the facts charged do not constitute an offense, prosecution is given an opportunity to correct the defect. ## Footnote According to Sec 4, Rule 117 of the Rules of Court.
57
Define trial.
An examination before a competent tribunal of the facts and issues in a case to determine such issues. ## Footnote This definition emphasizes the legal process involved in trials.
58
What is the order of trial proceedings?
* Prosecution presents evidence * Accused presents evidence for defense * Rebuttal and sur-rebuttal evidence may be presented * Case deemed submitted for decision unless directed otherwise by the court ## Footnote This order is established in Sec 11, Rule 119 of the Rules of Court.
59
When does trial commence?
After a plea of not guilty, the accused has at least fifteen (15) days to prepare, and trial shall commence within thirty (30) days from receipt of the pre-trial order. ## Footnote This is detailed in Sec 1, Rule 119 of the Rules of Court.
60
What is the continuous trial rule?
Trial shall continue from day to day until terminated, with reasonable postponements for good cause. The entire trial period shall not exceed one hundred eighty (180) days unless authorized by the Supreme Court. ## Footnote This rule aims to ensure speedy trials.
61
What is the maximum period for the rendition of decision by the Supreme Court?
Twenty-four (24) months from the date of submission for decision. ## Footnote This is specified in Sec 15, Art VIII of the Constitution.
62
Define alibi.
An averment that a person was at another place for such a period that it was impossible for him to have been at the location of the act at the time of its commission.
63
What occurs if the accused escapes and cannot be located during trial?
Trial in absentia will be conducted if the accused was notified for the trial and his failure to appear is unjustified. ## Footnote This is outlined in Sec 19, Art 10 of the Philippine Constitution.
64
What constitutes a judgment?
The adjudication by the court that the accused is guilty or not guilty and the imposition of the proper penalty and civil liability, if any. ## Footnote This is explained in Sec 1, Rule 120.
65
What are the contents of a judgment in case of conviction?
* Legal qualification of the offense * Participation of the accused in the offense * Penalty imposed * Civil liability or damages caused by the wrongful act ## Footnote These elements are specified in Sec 2, Rule 120 of the Rules of Court.
66
Define appeal.
A resort to a superior court to review the decision of an inferior court or administrative agency.
67
Who is the appellant?
The party who takes an appeal from one court to another.
68
To which court is an appeal taken in cases decided by the Metropolitan Trial Court?
To the Regional Trial Court.
69
What are the rules for appealing cases decided by the RTC?
* Pure questions of law go to the Supreme Court * Pure questions of fact or mixed questions to the Court of Appeals. ## Footnote This distinction is crucial for determining the appropriate appellate court.
70
What happens to cases decided by the Supreme Court?
They will no longer be appealed since the Supreme Court is the highest court of the land.

intro to PCJS (1 decks)

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