Criminal Rights System of the Philippines

 Criminal Rights System of the Philippines Essay

RESOURCE MATERIALS SERIES Number 53

THE ROLE AND PERFORMANCE OF THE PROSECUTION IN THE

FILIPINO CRIMINAL RIGHTS SYSTEM

Menrado Valle-Corpuz*

ADVANTAGES

The felony justice system, essentially,

is the system or perhaps process in the neighborhood

by which offences are looked at, and the

people suspected thereof are considered into

guardianship, prosecuted in court and punished,

in the event found guilty, provisions being made for

their very own correction and rehabilitation.

Before the advent of American

sovereignty near your vicinity, we had the

Spanish rules on legal procedure. The

Royal Rule of Sept. 2010 4, 1884, by

virtue of which the Penal Code in force in

the archipelago, as changed in accordance

while using recommendations in the Code

Panel, and its accompanying law—

the Provisional Rules on Legal

Procedure—were posted and used in

the Philippines pursuant to the Royal

Decree of December 17, 1884. It probably is

effective several months following its publication

in the Gaceta de Manila. In addition , the

compilation from the Laws of Criminal

Method of 1879 and the Law of Criminal

Procedure of 1882 as well formed element of our

rules on the subject.

Through the American career,

General Otis issued Standard Orders Number 58

in April twenty three, 1990, which was amended at

various times. Some of the amendments

were: Take action No . 194, providing intended for

preliminary brought on; Act No . 440,

associated with counsels sobre officio; Work No . 590,

providing to get preliminary investigations by

Justices of the Tranquility of regional capitals;

Action No . 2677, prescribing the procedure of

speaks of circumstances originating in the Justice

2. State Prosecutor II, National Prosecution Support,

Department of Justice, Philippines.

272

from the Peace Legal courts to the Best Court;

Action No . 2709, regarding the exemption of

a great accused to get utilized being a government

witness; and Take action No . 2886, changing the

name with the party whom should prosecute

the lawbreaker action from that of " The

United States” to " The People of the

Israel. ”

The Philippine criminal justice system

is composed of five parts or perhaps pillars, specifically,

law enforcement, criminal prosecution, judiciary,

penology, and the community.

I. LAW ENFORCEMENT OFFICIALS PROCESS

The law enforcement includes the

officers and men of the Filipino National

Law enforcement (PNP), the National Bureau of

Research (NBI), and also other agencies.

If they learn of the commission of

crimes or perhaps discover them, their responsibility is to:

a. Investigate the crime which may take

the proper execution of surveillance and statement

of suspects, other individuals and areas;

interviewing individuals with understanding of

facts directly or indirectly connected with

the offense; acquiring photographs

(surreptitiously or otherwise); arranging

pertaining to entrapment; searching premises and

persons be subject to constitutional and

statutory safety measures; and evaluating public

and other available documents pertaining to

the persons involved and getting copies of

pertinent entries.

The police officers, in other words, collect

evidence for use in the prosecution in the

suspects inside the court. This may consist of

the testimony of witnesses, which includes

invited potential foods, which are almost always

taken down in question-and-answer kind;

107TH INTERNATIONAL TRAINING COURSE

PARTICIPANTS' PAPERS

articles and items, e. g., gun, cutting knife, other

weapons used in the commission with the

crime, apparel of the victim, etc .

n. Arrest suspects by virtue of a warrant

of arrest released by a assess on the basis of

facts submitted simply by them or under

conditions justifying a warrantees

criminal arrest.

The occasions when an detain without

cause may be lawfully effected with a peace

police officer or a personal person will be as follows:

(1) When in his presence, anybody to

become arrested features committed, is definitely

actually doing or can be attempting

to commit a crime;

(2) For the offense has in fact simply been

fully commited, and he has personal

knowledge of information indicating that the

person being arrested has committed

it; and...

Referrals: 6. Executive Order Number 292 went out with July twenty-five,

1987, normally known as the

several. DOJ Order No . 223 dated June 30,

1993C (Revised Guidelines on Charm from

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