Module 10

• COURT

  Participant

  supervisor
• as participants


  the court determines for the guilt or innocence of the accused.
• As supervisor


  the court acts as important guardian of human rights.
• courts


  responsible for the trial process.
• Classification of Punishment

  Capital or Corporal Punishment-

  Afflictive Penalties-

  Reclusion Perpetua-

  Reclusion Temporal-

  Prison mayor and Temporary disqualification-

  Correctional Penalties-

  Prison Correctional-

  Arresto mayor

  Destierro

  Light Penalties

  Arresto Menor-
• Capital or Corporal Punishment-


  death through lethal injection.
• Afflictive Penalties-


  deprivation of freedom
• Reclusion Perpetua-

  20 years and 1 day to 40 years of imprisonment.
• Reclusion Temporal-

  12 years and 1 day to 20 years of imprisonment.
• Prison mayor and Temporary disqualification-

  6 years and 1 day to 12 years. Except when disqualification is accessory penalty, in which case its duration is that of the principle penalty.
• Correctional Penalties-


  deprivation of freedom or restriction of freedom.
• Prison Correctional, Suspension, and disrierro

  6 months and 1 day to 6 years
• Arresto mayor

  1 month and 1 day to 6 months
• Arresto menor

  1 day to 30 days
• Extinction of Criminal Liability

  By the death of the convict, as to personal penalties;

  By service of sentence

  By amnesty

  By absolute pardon

  By prescription of the crime

  By prescription of penalty
• Prescriptive Period of CRIMES

  Crimes punishable by death, reclusion perpetua or reclusion temporal- 20 years.

  Crimes punishable by other afflictive penalties- 15 years

  Crimes punishable by correctional penalty- 10 years

  Crimes punishable by arresto mayor- 5 years

  Crime of libel or other similar offenses- 1 year

  Offenses of Oral defamation and slander by deed- 6 months

  Light Offenses- two (2) months
• Prescriptive Period of PENALTIES

  Crimes sentence to death and reclusion perpetua- 20 years

  Afflictive penalties- 15 years

  Correctional penalties- 10 years

  Arresto mayor- 5 years

  Light penalties- 1 year
• Judge


  A public officer so named in his commission and appointed to preside over

  and to administer the law in a court of justice.
• Judicial Power


  Power to apply the law to contests or disputes concerning a legally recognized rights or duties between the state and private persons.
• Jurisdiction


  It is the authority to hear and determine cases. It is the authority by which judicial officers take cognizance and decide cases correctly or incorrectly.
• Venue


  It is a geographical division in which an action is brought to trial or the

  place of trial for criminal action. It is a territorial unit where the powers of the court were to be exercised.
• Preventive Imprisonment-


  The accused undergoes preventive imprisonment when the offense charge is non-bailable, or even if bailable he cannot furnish the require bail.
• Subsidiary Penalty


  It is subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one (1) day for eight pesos, for its imprisonment.