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    Intronduction To Philippine Criminal Justice System

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    clairealcantaraborbor
    The document discusses various legal terms related to criminal procedure and court testimony including absent, accusatorial, acquittal, adherence of jurisdiction, affiant, affidavit of desistance, affidavit, affirmative defense, allegation, amend, amendment of complaint, ante litem motan, appeal, appellant, anatomy of crime, arrest, assisting counsel, barangay.

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    Intronduction To Philippine Criminal Justice System

    Uploaded by

    clairealcantaraborbor
    4 views2 pages
    The document discusses various legal terms related to criminal procedure and court testimony including absent, accusatorial, acquittal, adherence of jurisdiction, affiant, affidavit of desistance, affidavit, affirmative defense, allegation, amend, amendment of complaint, ante litem motan, appeal, appellant, anatomy of crime, arrest, assisting counsel, barangay.

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    INTRONDUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

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    The document discusses various legal terms related to criminal procedure and court testimony including absent, accusatorial, acquittal, adherence of jurisdiction, affiant, affidavit of desistance, affidavit, affirmative defense, allegation, amend, amendment of complaint, ante litem motan, appeal, appellant, anatomy of crime, arrest, assisting counsel, barangay.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    4 views2 pages

    Intronduction To Philippine Criminal Justice System

    Uploaded by

    clairealcantaraborbor
    The document discusses various legal terms related to criminal procedure and court testimony including absent, accusatorial, acquittal, adherence of jurisdiction, affiant, affidavit of desistance, affidavit, affirmative defense, allegation, amend, amendment of complaint, ante litem motan, appeal, appellant, anatomy of crime, arrest, assisting counsel, barangay.

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    CRIMINAL PROCEDURE AND COURT TESTIMONY

    Absent - when the whereabout are unknown or cannot be determine with due Diligence.
    Accusatorial – A system of criminal procedure where the accusation is exercised by every citizen
    or by a member of the group to which the injured party belongs. As the action is a combat
    between the parties, the supposed offender has the right to be confronted by the accuser. The
    battle in the form of a public trial is judged by a magistrate who renders a verdict. the essence
    of the accusatorial system is the right to be presumed, the innocent. To Defeat this
    presumption, the prosecution must establish proof of guilt beyond reasonable doubt (moral
    certainty). in the Philippines the judicial system is accusatorial or adversary in nature. It
    contemplates two contending parties before the court, which hear them impartially and renders
    judgement only after trial.
    Acquittal – pagpapawalang -sala absuwelto
    A judgement After due hearing and consideration of the evidence against the accused the court is of
    opinion that his guilt has no be proven. a judgement that is always based on the metric. The accused is
    acquittal because the evidence does not show guilt beyond reasonable doubt.

    Adherence oof jurisdiction – It mean that once jurisdiction is vested in the court, is retained up to the
    End of litigation. It remains with the court until the case is finally terminated. The exception to this is
    where a subsequent statute changing the jurisdiction of a court is given retroactive effect, it can divest a
    court of jurisdiction over case already pending before it before the effectivity of statute.

    Affiant - a person who constructs and signs an affidavit

    Affidavit of desistance - the complainant state that he did not really intend to institute the case and that
    he is no longer interested in testifying or prosecuting. It

    Affidavit - declaration in writing made upon oath before an authorized magistrate or officer
    Affirmative Defense –

    Allegation - Assertion without proof but advocate proposes to support with the evidence.

    Amend - to add change, substitute or omit something from a pleading or instrument.

    Amendment of complaint –

    Ante Litem Motan - before the institution of the action of the commencement of litigation.

    Appeal –

    Appellant - the party who takes on appeal from an inferior court to superior one.

    Anatomy of Crime - for any crime to happen there are three elements or ingredients that most present
    at the same time and place the combination of these include 1 motivation on desire 2 instrumentally /
    skill, and tree opportunity as a rule eliminate at least one anatomy of crime and the Crime will not be
    committed.
    Arrest - it is the taking of a person into custody So that he may be pound to answer for the
    Commission of an offence. The following are the two kinds of arrest; (1) by virtue of a warrant of arrest
    issued by a judge on the basic of evidence submitted by them and to under circumstances justifying a
    warrantless arrest/citizen’s arrest.

    Assisting Counsel - any lawyer except those directly affected by the case those charging we conducting
    preliminary investigation or those charged with the prosecution of crimes.

    Barangay - it is no as the “smallest political unit is a community the barangay through the respecting
    barangay captains and other barangay leaders are involving in law enforcement tasks and also others
    aspect of the criminal justice system.

    created in each barangay a body to be known as “Lupong tagapayapa” (Barangay court) which should
    constitution a system at

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