BAWALAN, REMA ELAINE W.

BS-CRIMINOLOGY 1
CRIMINAL JUSTICE SYSTEM
ACTIVITY 2
A. LEGAL TERMINOLOGIES

1. Probable cause – It exists when the evidence submitted to the inquest officer
engenders a well-founded belief that a crime has been committed and that the arrested
or detained person is probably guilty thereof.
2. Inquest officer – He shall be the one to prepare corresponding complaint or
information with the recommendation that the same be filed in court when he finds
that probable cause exists.
3. Recidivist – a recidivist is one who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another crime embraced in the same
title of his code.
4. Quasi-recidivist – Is a special aggravating circumstance where a person, after having
been convicted by final judgment, shall commit a new felony before beginning to
serve such sentence, or while serving the same. He shall be punished by the
maximum period of penalty prescribed by law for the new felony. The penalty
justified because of the perversity and incorrigibility of the offender.
5. Habitual delinquent – The allegation in the information that the accused was already
convicted four times of similar crimes, is not sufficient to show that these crimes
were precisely those enumerated by the law and for the conviction of which the
appellant should be considered a habitual delinquent.
6. Nolle prosequi – Is a request made by the prosecutor to the judge for approval to
terminate further criminal prosecution against a suspect.
7. Bail – Bail 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 may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.
8. Capital offense – A capital offense is an offense which, under the law existing at the
time of its commission and of the application for admission to bail, may be punished
with death.
9. Bondsman – He shall surrender the accused to the court for execution of the final
judgement.
10. Property bond – Is an undertaking constituted as lien on the real property given as
security for the amount of bail.
11. Judicial power – Is the authority settle justifiable controversies or disputes involving
rights that are enforceable and demandable before the courts of justice, or the redress
of wrongs for violations of such right.
 12. Judicial independence – I the freedom of the court to settle legal controversies or
disputes “with an impartial eye and an even hand,” and bowing to no one except the
law. It is the freedom of the judges to perform their functions without interferences
from the executive or legislative branch of the government.
13. Court – It is the body to which the public administration of justice is delegated. It is a
tribunal officially assembled under authority of law at the appropriate time and place
for the administration of justice thru which the government enforces its sovereign
rights and powers. The court is an entity or body in which a portion of judicial power
is elevated.
14. Judge – Is a public officer so named in his commission (written evidence of
appointment) and appointed to preside over and to administer the law in a court of
justice.
15. Administration of justice – Is the process of determining the relevant facts of a case
for the purpose of resolving a controversy.
16. Trial in absentia – Is a criminal proceeding in a court of law in which the person
who is subject to is not physically present at those proceedings.
17. Motu propio – Is used to refer to a document that is issued and personally signed by
the Pope. It may contain instructional matter, administrative matters of church law or
governing bodies, or used to grant a special favor.
18. Trial court – A trial court or court of first instance is a court of original jurisdiction
in which most civil or criminal cases commence. In the trial court, evidence and
testimony are first introduced, received and considered.
19. Appellate court – Are the part of the judicial system that is responsible for hearing
and reviewing appeals from legal cases that have already been heard in a trial-level or
other lower court.
20. Adverse party – It is an opposing party in a lawsuit. It is the party on the opposite
side of a lawsuit, whose interests are in conflict with those of another party.

B. Provide examples of the following:

1. Light offense
 Neglect of duty: Reprimand: Suspension: Dismissal (1-30 days)
 Discourtesy in the course of official duties 1-30 days
 Improper or unauthorized solicitation of contribution from subordinate
employees and by teachers or school officials from school children (1-30
days)
 Physical injuries
 Gambling prohibited by law 1-30 days

2. Less grave offense

 Simple neglect of duty (6months and 1 day- 1 year)
  Simple misconduct (6 months and 1 day- 1 year)
 Gross discourtesy in the course of official duties (1 month and 1 day- 6
months)
 Insubordination (6 months and 1 day- 1 year)
 Habitual drunkenness ( 6 months and 1 day -1 year)
3. Grave offense
 Dishonesty : Dismissal
 Grave misconduct: Dismissal
 Being notoriously undesirable: Dismissal
 Conviction of crime involving moral turpitude: Dismissal
 Falsification of official document: Dismissal
C. What are the forms of bail? Enumerate.
1. Cash deposit – the money that is deposited in cash with the nearest collector of
internal revenue or to the local treasurer by the accused person acting in his / her own
behalf.
2. Corporate surety – a bond subscribed jointly by the accused and an officer duly
authorized by the board of directors of any domestic or foreign corporation licensed
as surety provider in accordance with law and currently authorized to act as such.
3. Property bond – an undertaking constituted as lien on the real property given as
security for the amount of bail.
4. Recognizance – a written promise to appear in court proceeding conducted for the
purpose of trial or any judicial proceeding of a case under investigation.

D. Where shall the following be filed:

1. Information – shall be filed to the court.
2. Complaint – shall be filed to the prosecutor’s office or directly to the court.

E. Who is/are authorized to file the following:

1. Information – the prosecutor

2. Complaint – The offended party; any peace officer; any public officer charged with
the enforcement of the law violated.

F. Bail, a matter of right: when? Enumerate.

1. Before or after conviction by the Metropolitan Trial court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
2. Before conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment.

G. Bail, when discretionary. Enumerate.

 1. Upon conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment, admission to bail is discretionary.
2. The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court.
3. However, if the decision of the trial court convicting the accused changed the nature
of the offense from non-bailable to bailable, the application for bail can only be filed
with and resolved by the appellate court.
4. If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or other similar
circumstances.

H. Circumstances to be considered in the denial of bail when the penalty impose by

trial court is imprisonment exceeding six years. Enumerate.
1. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
2. That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;
3. That he committed the offense while under probation, parole, or conditional pardon;
4. That the circumstances of his case indicate the probability of flight if released on bail;
or
5. That there is undue risk that he may commit another crime during the pendency of the
appeal.

I. Enumerate the guidelines in determining the amount of bail.

1. Financial ability of the accused to give bail;
2. Nature and circumstances of the offense;
3. Penalty of the offense charged;
4. Character and reputation of the accused;
5. Age and health of the accused;
6. Weight of the evidence against the accused;
7. Probability of the accused appearing at the trial;
8. Forfeiture of the bail;
9. The fact that accused was a fugitive from justice when arrested; and
10. Pendency of other cases where the accused is on bail.

J. Who has the burden of proof in bail application where the offense is punishable by
death, reclusion perpetua or life imprisonment?
 - At the hearing of an application for bail filed by a person who is in custody for the
commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is
strong.
K. Who shall be notified when there is an application of bail and why?
- The prosecutor shall be notified when there is an application of bail by the court in
order for him to submit the/ his required recommendation under section 8 of this rule
(Rule 114).

L. When shall offenses punishable by death, reclusion perpetua or life imprisonment

bailable?
- When the accused has committed capital offenses and when evidence of guilt is
strong, regardless of the stage of the criminal prosecution.

M. Where shall cash as a form of bail be deposited?

- According to section 14 of Rule 114, the accused or any person acting in his behalf
may deposit in cash with the nearest collector or internal revenue or provincial, city,
municipal treasurer the amount of bail fixed by the court, recommendation by the
prosecutor who investigated or filed the case.

N. Where shall bail be filed in the following instance:

1. When the person is already charged in court.

- Bail in the amount fixed may be filed with the court where the case is pending, or in
the absence or unavailability of the judge thereof, with any regional trial court,
metropolitan trial judge, metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge in the province, city, or municipality.
- If the accused is arrested in province, city or municipality other than where the case is
pending, bail may also be filed with any regional trial court of said place, or if no
judge thereof s available, with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge therein.
2. When the grant of bail is a matter of discretion.
- Where the grant of bail is a matter of discretion, or the accused seeks to be released
on recognizance, the application may only be filed in the court where the case is
pending, whether on preliminary investigation, trial, or on appeal.
3. When the person is not yet charged in court.
- Any person in custody who is not yet charged in court may apply bail with any court
in the province, city, or municipality where he is held.

O. When shall bail is deemed automatically cancelled? Enumerate.

 1. Upon acquittal of the accused;
2. Dismissal of the case; or
3. Execution of the judgement of conviction.

P. An accused released on the bail may be re-arrested even without warrant. When?
- An accused released on bail may be re-arrested without the necessity of a warrant if
he attempts to depart from the Philippines without permission of the court
where the case is pending.

Q. To whom may detention be applied? Enumerate.

1. Accused persons who cannot post bail while their case is under trial or investigation.
2. Accused persons who are waiting for the court’s decision of their case; and
3. Minors and insane people who need police custody for security or protection
purposes.

R. In filing information, do prosecutor need to be under oath? Yes/No? Explain.

 Yes, because according to Section 4 of Rule 112, if the prosecutor finds cause to hold the
respondent for trial, he shall prepare the resolution and information. He shall certify oath
in the information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is reasonable ground to
believe that a crime has been committed and that the accused is probably guilty thereof.