Legal Medicine 1.4 Dr. Mamerto S.

Bernabe
Overview of the Philippine Judicial System July 9, 2014

OUTLINE o This involves government agencies charged with the enforcement

I. Five Pillars of the Philippine Criminal Justice System of penal laws (The Revised Penal Code of the Philippines)
II. Elements of a Crime o Primarily responsible of the investigation and determination
III. Philippine Judicial System
whether an offense has been committed, and if needed, the
IV. General Principles
V. Informed Consent
apprehension of alleged offenders for further investigation of the
VI. Dying Declaration prosecutors
VII. Witness  Prosecutors
VIII. Adverse Witness o This refers to the National Prosecution Service (NPS)
IX. Subpoena o Is mandated to investigate and prosecute penal violations
A. Subpoena duces tecum o Collates, synthesizes, and evaluates evidence in the preliminary
B. Subpoena ad testificandum
inquest investigation and dismisses or files the case in court as
X. Summons
XI. Search Warrant indicated
XII. Warrant of Arrest  Judges
XIII. Warrantless Arrest o This refers to the Municipal Trial Courts (MTC) and Regional Trial
XIV. Privileged Communication Courts (RTC) designated to handle and try the case and issue
XV. Right of Patient to Confidentiality and Privacy judgment after trial
XVI. Medical Witness and the Court o Plea: the accused’s admission/non-admission of guilt
XVII. Stages of Execution of Material Crime
XVIII. Persons who are Criminally Liable
 Prisons
XIX. Prescription of Penalties o This refers to institutions mandated to administer both
XX. Glossary correctional and rehabilitation programs for the offenders
o Reparative Approach: prisons in the past were punitive. The
FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM Philippine Prison system now has a paradigm shift towards
rehabilitation of inmates through nutritional, educational, and
vocational programs.

ELEMENTS OF A CRIME
 Motive
o Reason the act was committed
o Must be voluntary and purposeful
 Act
o The criminal act or the unlawful omission of the act (i.e.
negligence).
o An individual may not be punished for thinking criminal thoughts
 Concurrence
o Motive and act must occur at the same time. That is, the criminal
intent must precede or coexist with the criminal act, or in some
way activate the act.

Image 1. Five Pillars of the Philippine Criminal Justice System

 Community
o This refers to institutions, government, and non-government
agencies and people’s organizations that provide care and
assistance to the victims or offended party
o Has a role in the protection process: the prevention of abuse,
cruelty, discrimination and exploitation, assistance of offenders Image 2. Elements of a Crime
who enter the criminal justice system and the acceptance of the
offenders upon his reintegration into the community
o Aid in the investigation of crimes through the use of local
knowledge, such as familiarity with their area and the people
who live in it.

PHILIPPINE JUDICIAL SYSTEM

 Police
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 Legal Medicine 1.4

 Statement given by a person, who is in imminent death, regarding the

person or circumstances of this death or injury.
 Admissible evidence in court against the defendant.

WITNESS
 A person who sees, perceives, beholds, observes, hears
 A person whose declaration under oath or affirmation is received as
evidence for any purpose, whether such declaration is made on an
examination (i.e. testifying verbally in a court proceeding) or by
deposition or affidavit (i.e. submitting written documents).

ADVERSE WITNESS
 A witness whose mind discloses a bias that is hostile to the party
examining him.
 Present if the witness has any form of relationship with any of the
concerned parties

SUBPOENA
 A process (usually a written document delivered personally to the
Image 3. Philippine Judicial System individual) directed to a person requiring him/her to attend and/or
testify at the hearing of an action, or at any investigation conducted
 When a grievance is present, the concerned parties go through a series under the laws of the Philippines, or for the taking of his/her
of courts to try to settle them. disposition.
 The grievance will be elevated to the higher courts if the lower courts:  SUBPOENA DUCES TECUM - To produce pertinent papers/documents
o Cannot come up with a resolution between the concerned  SUBPOENA AD TESTIFICANDUM - To testify
parties
o Desire to have the case reviewed SUMMONS
 The Supreme Court issues the final verdict; no other court may  A writ directing the sheriff or officer to notify a person so named
overturn/change its decision. (summoned)
 An action against the one summoned has commenced in court
GENERAL PRINCIPLES  Must appear on the date and venue mentioned in the summon
 Ignorance of the law excuses no one from compliance therewith.  Answer a complaintor suit
 Laws shall have no retroactive effect (i.e. it cannot penalize crimes that
occurred before it was approved), unless the contrary (i.e. there is a SEARCH WARRANT
provision/amendment that it has retroactive effect) is provided.  A writ by a judge directing the sheriff or officer to search specified
 Penal laws shall have no retroactive effect unless favorable to the premises for alleged personal property (evidence of offense or crime) or
accused who is not a habitual delinquent. unlawful goods, to bring the same and the person to be dealt with
 Right may be waived, unless the waiver is contrary to law, public order, according to the law.
public policy, morals, good customs, or prejudicial to a third person
with a right recognized by law. WARRANT OF ARREST
o E.g. The right to a patient’s privacy may be waived if it concerns  A writ by a judge directing a peace officer to arrest the body of the
public health. named accused person
 Customs, which are contrary to law, public order or public policy, shall
not be countenanced (i.e. Customs that violate the law will not be WARANTLESS ARREST
accepted).  Plain View Doctrine
o E.g. Female genital mutilation is a custom/tradition in some o Allows an officer to seize evidence and contraband found in plain
societies that has been outlawed. view during a lawful observation
 Penal laws and those of public security and safety shall be obligatory  Hot Pursuit Doctrine
upon all who live or sojourn in the Philippine territory, subject to the o Refers to the urgent and direct pursuit of a criminal suspect by
principles of public international law and treaty stipulations (i.e. law enforcement officers.
Everyone, natives or foreigners in the Philippines, are subject to its  Known Felon
laws).
 Laws relating to family rights and duties, or to the status, condition and PRIVILEGED COMMUNICATION
legal capacity of persons are binding upon citizens of the Philippines,  Absolute
even though living abroad. o E.g Lawyer and client; Priest and confessor
 Qualified
INFORMED CONSENT o Patient and doctor
 Consent that is directly given, either verbally or in writing o Needs court order to be broken
 Person must be adequately informed. o May withhold information that damages the reputation of the
 Person must have the ability to comprehend information. patient

DYING DECLARATION RIGHT OF PATIENT TO CONFIDENTIALITY AND PRIVACY

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 Legal Medicine 1.4

 Testimony of patients of legal age may not be repeated to another o E.g. The villagers to whom Robin Hood and his Merry Men give
person (i.e. No gossiping) their stolen goods
 When discussing cases, the patient’s name must be withheld
PRESCRIPTION OF PENALTIES
MEDICAL WITNESS AND THE COURT  Definition: Amount of time in which a case may be pursued (e.g. A
 Ordinary witness rapist, which is punishable by reclusion perpetua, may still be charged
o Testifies on matters that come to his knowledge through his own with rape after 20 years from the act. If the individual is caught 21 years
senses from the act, he cannot be prosecuted anymore).
o Testifies only in these facts o 20 years: those punishable by capital punishment/death or
 Expert witness reclusion perpetua
o Has knowledge and skills beyond that of an ordinary witness o 15 years: other afflictive penalties
o Gives opinion evidence o 10 years: correctional penalties
o Testifies on matters that come to his knowledge and experience o 5 years: arresto mayor
o Testifies on scientific grounds o 1 year: light penalties
o Appropriate education, special training, relevant experience  Penalties must be given by act of judgment

CRIMES OR FELONIES GLOSSARY

 Felonies (delitos) are acts and omissions that are punishable by law
o Dolo: felonies committed by deceit, performed with deliberate Affidavit: a written statement confirmed by oath or affirmation, for use as
intent evidence in court
o Culpa: felonies committed by default, results from imprudence, Amendment: a formal or official change made to a law, contract,
negligence, lack of foresight, or lack of skill constitution, or other legal document.
 An offense against person or property, except when the crime is Prosecute: to institute legal proceedings against a person or organization
impossible (like killing a dead person, or shooting with a gun sans firing Provision: a clause in a legal instrument
pin) Reclusion Perpetua: Lifetime imprisonment, technically, a period of 30 years
in the penal system
STAGES OF EXECUTION OF MATERIAL CRIME Sojourn: to stay somewhere temporarily.
 Attempted Suit: a case in a court of law involving a claim, complaint, etc., by one party
o When the offender commences the commission of a felony against another
directly or over acts, and does not perform all the acts of Writ: a form of written command in the name of a court or other legal
execution which should produce the felony by reason of some authority to act, or abstain from acting, in some way
cause or accident other than this own spontaneous desistance
o E.g. In a dark parking lot, a guy wants to murder someone. He REFERENCES
calls the person and points the gun. His heart throbs. Palms get ***Unless otherwise indicated, content is from the presentation and
sweaty. He can’t pull the trigger. A police officer tackles him. recording
 Frustrated 1. The Revised Penal Code of the Philippines
o When the offender performs all the acts of execution which (http://www.un.org/depts/los/LEGISLATIONANDTREATIES/PDFFILES/PHL_re
vised_penal_code.pdf)
would produce the felony as a consequence but which,
2. Criminal Law: Made easy for students, bar examinees & practitioners
nevertheless, do not produce it by reason of causes independent
(Google Books)
of the will of the perpetrator.
o E.g. Same scenario, but this time the guy fires the gun. At that
JCRN
moment, a police officer tackles him, preventing him from hitting
Deviations = 40
his victim.
 Consummated
o When all the elements necessary for its execution and
You have found the secret Treena Joke!
accomplishment are present.
o E.g. Same scenario, guy murders his victim successfully.
“What do you call a sad priest? E di, depriested!”
PERSONS WHO ARE CRIMINALLY LIABLE
 Principal
o Direct execution of the offense, or induce or force others, or
participates with an act necessary to effect the offense
o E.g. Robin Hood himself
 Accomplices
o Cooperates in the offense by previous or simultaneous acts
o E.g. The Merry Men
 Accessories
o No knowledge
o No participation
o Profiting from the effects of the crime
o Concealed or destroyed the body of the crime
o Concealed or assisted the escape of the principal
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