CRIMPRO-SENGA-NOTES-gen.-principle-114.pdf - I GENERAL PRINCIPLES-judge is NOT limited to the evidence brought before him but could proceed with his own

CRIMPRO-SENGA-NOTES-gen.-principle-114.pdf - I GENERAL...

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1 I. GENERAL PRINCIPLES a. REMEDIAL LAW –prescribes the method of enforcing rights or obtaining redress for their invasion SUBSTANTIVE LAW - part of the law which creates, defines, and regulates rights or which regulates the right and duties which give rise to a cause of action b. CRIMINAL PROCEDURE – treats of the series of processes by which the criminal laws are enforced and by which the state prosecutes persons who violate the penal laws. c. CRIM LAW CRIM PRO Nature Substantive Remedial Purpose Declares what acts are punishable Provides how the act is to be punished Subject Matter Defines crimes, treats of their nature, and provides for their punishment Provides for the method by which a person accused of a crime is arrested, tried, and punished. Application Prospective, UNLESS favourable to the accused who is not a habitual delinquent Retroactive in favour of the ends of substantial justice Authority who may promulgate ONLY comes from the legislative body Can be promulgated by the Judiciary (CONSTI PROVISION) d. SYSTEMS OF CRIMINAL PROCEDURE: 1. INQUISITORIAL SYSTEM – prosecution of crimes is wholly in the hands of the prosecuting officer and the court -characterized by secrecy -presence of the accused before the magistrate is NOT a requirement -judgment does NOT become final until it has been ratified and confirmed by the court of last resort -judge is NOT limited to the evidence brought before him but could proceed with his own inquiry which is NOT confrontative -court plays a very active role, and is NOT limited to the evidence presented before it 2. ACCUSATORIAL / ADVERSARIAL SYSTEM –requires all crimes (XPN: private crimes) to be prosecuted by a public prosecutor -contemplates of 2 contending parties before the court which hears them impartially and renders judgment after trial -Accused’s rights: to be present at any stage of the proceedings to be heard personally or by counsel to a public trial against self-incrimination presumption of innocence (there must be moral certainty of guilt to defeat this) to appeal -judgment does not require the imprimatur of a court of last resort before it may attain finality. -its essence is that the burden of demonstrating guilt falls on the prosecution -court has a passive role and relies largely on the evidence presented by both sides to the action in order to reach a verdict -the court shall consider no other evidence which has not been formally offered. 3. MIXED SYSTEM – commixture of the inquisitorial and accusatorial systems -as a GR, accusatorial prevails in the country. Thus, just as it may be said that the PRELIMINARY EXAMINATION conducted by the judge before he issues a WARRANT OF ARREST is an aspect of the inquisitorial system , so it may be asserted that the rights of the accused to be present at any stage of the proceedings and defend himself in person, to be exempt from being a witness against himself during trial, among other rights, are features of the accusatorial system which have since been incorporated in our rules of crim.
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  • Summer '16
  • Atty. Sandoval

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