THE THIRD PILLAR OF THE PCJS IS THE COURTS

               

The court plays a dual role in the Philippine Criminal Justice System – as participants and supervisor of the latter’s process and dissention.  In its role as participants, the court determines for the guilt or innocence of the accused.

                The courts are responsible for the trial process.  As supervisor, the court acts as important guardian of human rights.

TERMINOLOGIES

1. Court – is governmental body officially assembled under authority of law at the appropriate time and place for the administration of justice through which the state enforces its sovereign rights and power (21 CJS, 16)
2. Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and Joaquin)
3. Venue – is the site or location where the case is to be tried on the merits.
4. Bail – is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail maybe given in the form of corporate surety, property bonds, cash deposit or recognizance (Sec. 1, Rule 114)
5. Judgment – is the adjudication by the court that accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused (Sec. 1, Rule 120)

                                                                    

                                                COURT ORGANIZATION

1.       Supreme Court - often referred to as the “court of Last Resort”.  It renders final judgment on constitutional and other important issues and questions of law.

2.    Court of Appeals – This court generally exercises appellate jurisdiction over decisions of interior courts not otherwise falling within the appellate jurisdiction of the Supreme Court.

3.    Regional Trial Court – There are Regional Trial Court in various types of the country.  Regional Trial Court exercise exclusive original jurisdiction in civil cases as describe in Sec.  19 Chapter II of the Batas Pambansa 129 (judiciary Reorganization Act of 1980) and in criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under of a court renders unnecessary any very frequent exercises of its powers.  The fact that it operates by known rules and with reasonably predictable results leads those who might otherwise engage in controversy to compose their differences.  (The New Encyclopedia Britannica, Vol.,22, Macropedia, Page 480)

                        DIFFERENT COURTS IN THE PHILIPPINES

1.       The Supreme Court – It shall be composed of a Chief Justice and fourteen (14) Associate Justice and may sit either en banc or its discretion, in division of three, five or seven members. Any vacancy shall be filled within ninety days from occurrence thereof (Sec.  4, par.  (1), Art.  VIII, New Philippine Constitution (1987)

The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Sec.  6, Art.  VIII, ibid) Likewise the Supreme Court an banc shall have the power to discipline judges of lower courts on order their dismissal by a vote of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon. (Sec.  11, Art. VIII, ibid)

            2.    Court of Appeals – it shall be composed of a Presiding Justice and fifty Associate Justices who shall be appointed by the President of the Philippines (Sec.  3, B.P. Blg.  129 as amended by Exec.  Order No.  33)

            3.    Regional Trial Courts – There are thirteen (13) Regional Trial Courts one for each judicial region.

4. The so called Inferior Courts – There shall be created a Metropolitan Trial Court in each Metropolitan areas established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law (Sed.  25, Batasang Pambansa Blg. 129)

5.    Sandiganbayan – a Special Court tasked to handle criminal cases involving graft and corruption and other offenses committed by public officers and employees to connection with the performance of their function or the so-called service-connected duties. The Sandiganbayan was created under Presidential Decree No.  1606 pursuant to Section 5, Article XIII of the 1973 Constitution, is a special court which has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offences committed by public officers and employees in relation to their offices.

6.  Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a Metropolitan Trial Court is created in each metropolitan area established by law.  A Municipal Circuits Trial Court is established in each area defined as a municipal circuit, comprising of one or more cities and/or more municipalities.  A Municipal Trial Court is created in each of the Municipalities that are not comprised within a municipal area and a municipal circuit.

                                The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal Trial Courts have exclusive original jurisdiction, among others, over all violations of city or municipal ordinances committed within their respective territorial jurisdiction and all offenses punishable with imprisonment of not to exceed four (4) years and two (2) months, or a fine of not more than four thousand pesos (4000) both such fine and imprisonment regardless of other imposable accessory or other penalties.

7. Shari’a Courts – The Shari’a Courts are equivalent to Regional Trial Courts but are found in some       Provinces in Mindanao where the Muslim Code on Personal Laws is enforced.

                                ROLE OF THE COURT

            1.    In its capacity as participant, the court must decide the culpability or innocence of the accused after careful examinations of the records of the case after its trial on the merit.  If the, prosecution successfully proves the guilt of the accused beyond reasonable doubt.  The court has no option but to render a decision convicting the accused.  On the other hand, if the prosecution fails to show the guilt of the accused for insufficiency of evidence he would be exonerated or acquitted and or release from prison if he is under detention unless he has another pending case where he fails to post bail for his provisional release.

2.    As a supervisor, the court has a noble mission as a protector of human rights.  These rights refer “to those rights which are inherent in our nature and without which we cannot live as human beings” (p. 4 Human Rights Questions and Answers, United Nations, New York, 1987).  The main function of the courts is to promote justice in order to obtain peace, satisfaction and happiness of the citizenry.  Corollary to this, the judge should exhibit impartially in his decision to the contentment of all litigants.

                                COURTS FUNCTION

1.    Keeping Peace – “The Primary functions of any court system in any nation – to help keep domestic peace – is so obvious that it is rarely considered or    mentioned.  If there were no agency to decide impartially and authoritatively whether a person had committed a crime and if so, what should be done with him, other person offended by his conduct would take the law into their own hands and proceed to punish him according to their uncontrolled discretion.

        If there were no agency empowered to decide private disputes and authoritatively, self-help, quickly degenerating to physical violence, would prevail and anarchy would result.  Not even a primitive society could survive under such conditions.  As social order would be destroyed.  In this most basic sense, courts constitute an essential element in society’s machinery for keeping peace.

2. Deciding Controversies – in the course of helping to keep the peace, courts are called upon to decide controversies.  If, in a criminal case, the defendant denies committing the acts against him, the court must choose between his version of the facts and prosecution’s, and if he asserts that his conduct did not constitute a crime, the court must decide whether his view of the law or the prosecution’s is correct…The issues presented to, and decided by the court maybe either factual, legal or both.

                3.   Administrative Role – it would be a mistake, however, to assume that courts spend all of their time deciding controversies.  Many cases brought before them are not contested.  They represent potential, rather than actual, controversies in which the court’s role is more administrative than adjudicatory.  The mere existence, the exclusive and concurrent jurisdiction of the Sandiganbayan.