INTRO TO LAW & the

CRIMINAL JUSTICE SYSTEM

Hierarchy of Laws
Ordinances

Administrative Issuances

Laws, Treaties and Jurisprudence

1987 Philippine Constitution

Hierarchy of Laws

 Philippine Constitution
 Laws/Statutes
 Treaties
 Decisions of the Supreme Court
 Rules of Court
 Implementing Rules and Regulations
 Executive Issuances
 Supreme Court Circulars
 Local Ordinances
THREE GREAT POWERS

 Police Power
 TAXATION
 Eminent Domain
Police Power

 POLICE POWER: power to

 regulate behaviours of its constituents and
 enforce order within its territory,

 limited only by prohibitions specified in the

constitution of a state,
 most expansive authorized power exercised
by a state.
 Two requisites: 1) general public interest
and 2) lawful methods
Taxation

 TAXATION is power
 to impose charges that carry with them
effective powers of enforcement
 so that the government may use such tax
revenues for financing public goods or
transfers that citizens-taxpayers desire.
1987 Constitution

 EMINENT DOMAIN: power

 to seize a citizen's private property, or to
expropriate private property, or rights in
private property, even without the owner's
consent.
 The property is taken for public use.

 with payment of just compensation

Branches of Government

CABINET SECRETARIES
LEGISLATIVE BRANCH

 MAKES THE LAW

 Senate
 House of Representatives
EXECUTIVE

 IMPLEMENTS AND ENFORCES THE

LAW
 President
 Vice President

 Cabinet
 Mga departamento
 DOJ
 DOF
 DENR
 etc
JUDICIARY

 INTERPRETS THE LAW

 Supreme Court
 Court of Appeals

 RTC, MeTC, MTC, MCTC

CONSTITUTIONAL
LIMITATIONS\
 Separation of Powers
 Co-Equal Branches
 Checks and Balances
 Bill of Rights
Separation of powers

 Division of the powers of the government

into the Legislative, Executive, Judiciary.
 Division of these powers to three
branches: the Legislative department,
Executive department and the Judicial
department.
Separation of Powers

 Why?
 Prevention of monopoly
 Sovereignty must reside with the people
 Not strictly “separation” but collaboration.
Co-equal branches

 Each branch is an equal of another.

 No branch is greater than the other
branch.
 Bill of Rights
 A set of a person’s rights against violations
of the government to an individual
 The rights of the accused can be found
here.
Rights of the accused

 Right to due process of law

 Right to bail and against excessive bail

 Right to presumption of innocence

 Right to free access to the courts and

adequate legal assistance
Rights of the accused

 Right against the use of torture, force,

violence, threat, intimidation or any other
means which vitiates the free will

 Right against being held in secret,

incommunicado, or similar forms of
solitary detention
Rights of the accused

 Right to be informed of the nature and

cause of the accusation against him

 Right to have speedy, impartial and

public trial

 Right against cruel, degrading or

inhuman punishment
CRIMINAL JUSTICE SYSTEM
FIVE PILLARS OF THE
CRIMINAL JUSTICE SYSTEM
FIVE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

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