Introduction Flashcards
(48 cards)
a social institution and a system
Criminal Justice System
What are the 5 Pillars
Police/Law Enforcement
Prosecution
Courts
Corrections
Community
the act of rendering what are due and treating persons equally
Justice
no person shall be deprived of life, liberty or property without due process of law, nor shall a person be deprived of the equal protection of law.
Sec. 1, Art III of the 1987 Philippine Constitution
Kinds of Due Process
Procedural Due Process
Substantive Due Process
one which hears before it condemns which proceeds upon inquiry and renders judgment only after trial.
Procedural Due Process
requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property.
Substantive Due Process
it limits state and federal power by requiring certain procedures to be followed in both criminal and civil matters.
Procedural Due Process
is based on the premise that the constitution protects the public from unwarranted government intrusion infringing upon their fundamental rights.
Substantive Due Process
Asks, “Is the process fair?”
Procedural Due Process
Asks, “Does the government have the right to bring the action in the first place?”
Substantive Due Process
its principal task is the investigation of criminal complaints emanating from the community and the law enforcement agencies, and bringing these complaints to their successful prosecution in the judicial system.
Prosecution Pillar
Composition of Prosecution Pillar
- National Prosecution Service of the Department of Justice (DOJ),
- Office of the Ombudsman
- Public Attorney’s Office.
It is the official prosecutorial agency of the Philippines.
National Prosecution Service
independently monitors all three branches of the government for political corruption.
Office of the Ombudsman
Provides legal representation, consultation, and advice to clients. Representing clients during criminal investigative proceedings. Preparing a defense, conducting legal research, gathering facts, and interviewing the client and witnesses.
Public Attorney’s Office
A pillar which adjudicates cases and renders judgment.
Courts Pillar
the highest court of the land
The Supreme Court
Intermediate Courts consists of:
- the Court of Appeals
- Sandiganbayan
- Court of Tax Appeals;
Second level courts consist of:
- Regional Trial Courts
- Shari’a District Courts
The first level courts consist of:
- Metropolitan Trial Courts (MeTC)
- Municipal Trial Courts in Cities(MTCC)
- Municipal Trial Courts
- Municipal Circuit Trial Courts (MCTC)
- Shari’a Circuit Courts.
These courts operate within Metropolitan Manila, the National Capital Region. They handle cases specific to the complexities of a large urban area.
Metropolitan Trial Courts (MeTCs)
Found in cities outside of Metro Manila, these courts have a similar scope to MeTCs but cater to the needs of individual cities.
Municipal Trial Courts in Cities (MTCCs)
These are the courts in municipalities, smaller local government units. They deal with cases arising within their specific municipality.
Municipal Trial Courts (MTCs)
