Philippine Criminal Justice System (CLE-CLJ-001)
Study these flashcardsFree · spaced repetition · iPhone, Android, Mac & web
All cards
1
What are the five pillars of the Philippine Criminal Justice System?
Law enforcement, prosecution, courts, corrections, and community.
2
What is the primary function of the law enforcement pillar?
Prevent and investigate crimes, apprehend suspects, and enforce the law.
3
What is the primary function of the prosecution pillar?
Evaluate evidence and prosecute criminal cases on behalf of the State.
4
What is the primary function of the courts pillar?
Determine criminal liability through judicial proceedings and impose lawful penalties.
5
What is the primary function of the corrections pillar?
Implement lawful custodial and community-based sanctions and support rehabilitation.
6
What is the role of the community pillar?
Support crime prevention, public safety, rehabilitation, and reintegration.
7
Which agency is the principal national police organization of the Philippines?
The Philippine National Police (PNP).
8
Which law established the Philippine National Police?
Republic Act No. 6975.
9
Which law reorganized the PNP and strengthened police reform?
Republic Act No. 8551.
10
Which department exercises administrative supervision over the PNP?
The Department of the Interior and Local Government (DILG).
11
Which agency is primarily responsible for investigating crimes of national significance assigned to it by law?
The National Bureau of Investigation (NBI).
12
Which department supervises the National Bureau of Investigation?
The Department of Justice (DOJ).
13
What is the constitutional mandate of the judiciary?
Exercise judicial power, including resolving actual controversies involving legally demandable rights.
14
What is judicial power under Article VIII of the Constitution?
The duty to settle actual controversies and determine grave abuse of discretion by government instrumentalities.
15
What is the highest court in the Philippines?
The Supreme Court.
16
Which courts generally exercise jurisdiction over criminal cases not assigned to lower or special courts?
Regional Trial Courts (RTCs), subject to applicable jurisdictional laws.
17
What is criminal jurisdiction?
The legal authority of a court to hear and decide a criminal case.
18
What are the three traditional requisites of criminal jurisdiction?
Jurisdiction over the offense, territory, and person of the accused.
19
How is jurisdiction over the offense determined?
By the law in force when the criminal action is instituted, subject to applicable exceptions.
20
How does a criminal court acquire jurisdiction over the person of the accused?
Through arrest or voluntary appearance, subject to recognized exceptions.
21
What is the purpose of preliminary investigation?
Determine whether sufficient grounds exist to believe a crime was committed and the respondent is probably guilty and should be held for trial.
22
What is probable cause for filing a criminal charge?
Facts and circumstances supporting a reasonable belief that a crime occurred and the respondent probably committed it.
23
What is the standard of proof required for criminal conviction?
Proof beyond reasonable doubt.
24
Does proof beyond reasonable doubt require absolute certainty?
No. It requires moral certainty sufficient to produce conviction in an unprejudiced mind.
25
What constitutional principle presumes an accused innocent?
The presumption of innocence until guilt is proven beyond reasonable doubt.
26
Which constitutional provision protects the presumption of innocence?
Article III, Section 14(2) of the 1987 Philippine Constitution.
27
What is due process of law?
A constitutional guarantee against deprivation of life, liberty, or property without lawful and fair procedures.
28
Which constitutional provision guarantees due process and equal protection?
Article III, Section 1 of the 1987 Philippine Constitution.
29
What is equal protection of the laws?
Persons similarly situated must be treated alike unless a valid legal distinction exists.
30
What is the right against self-incrimination?
The right not to be compelled to testify against oneself.
31
Which constitutional provision protects against self-incrimination?
Article III, Section 17 of the 1987 Philippine Constitution.
32
What is custodial investigation?
Questioning by law enforcement after a person is taken into custody or otherwise significantly deprived of freedom in connection with an offense.
33
What rights are guaranteed during custodial investigation?
The rights to remain silent and to competent, independent counsel, preferably of one's choice, among other safeguards.
34
Which law further protects persons under arrest, detention, or custodial investigation?
Republic Act No. 7438.
35
What is the exclusionary rule for evidence obtained through unconstitutional searches or seizures?
Evidence obtained in violation of Article III, Sections 2 or 3 is inadmissible for any purpose in any proceeding.
36
Which constitutional provision protects against unreasonable searches and seizures?
Article III, Section 2 of the 1987 Philippine Constitution.
37
Who generally has authority to issue search warrants?
A judge who personally determines probable cause under constitutional and procedural requirements.
38
What must a valid search warrant particularly describe?
The place to be searched and the persons or things to be seized.
39
What is double jeopardy?
The constitutional protection against being placed twice in jeopardy of punishment for the same offense under applicable conditions.
40
Which constitutional provision prohibits double jeopardy?
Article III, Section 21 of the 1987 Philippine Constitution.
41
What is an ex post facto law?
A retroactive penal law that criminalizes previously innocent conduct or otherwise disadvantages an accused in a constitutionally prohibited way.
42
Which constitutional provision prohibits ex post facto laws and bills of attainder?
Article III, Section 22 of the 1987 Philippine Constitution.
43
What is a bill of attainder?
A legislative act imposing punishment on an identified person or group without judicial trial.
44
What is the principle of legality in criminal law?
There is no crime or punishment without a law prescribing it.
45
What Latin maxim expresses the principle of legality?
Nullum crimen, nulla poena sine lege.
46
What is the general territorial principle of Philippine criminal law?
Philippine penal laws generally apply to offenses committed within Philippine territory, subject to statutory exceptions.
47
What is the general prospective principle of criminal law?
Penal laws generally operate prospectively rather than retroactively.
48
When may a favorable penal law apply retroactively?
When it benefits an accused who is not disqualified by applicable law, including the habitual-criminal exception under Article 22 of the Revised Penal Code.
49
What is the generality principle of Philippine criminal law?
Philippine penal laws generally bind persons within Philippine territory, subject to recognized exceptions.
50
Which law is the principal codification of Philippine general criminal law?
Act No. 3815, the Revised Penal Code, as amended.
Study these decks in the app
Free on iPhone, Android, Mac and the web. Add any deck to your account in one tap.
