Welcome to this topic...! a discussion on criminal procedures and evidence (Rules of Court) Philippines

criminal procedure is that method fixed by law for apprehension and prosecution of a person who is supposed to have commited a crime and for his punishment in case of conviction.

evidence is a means sanction by law for assertening the truth nothing but the truth use to prove the guilt of a person suspected.

evidence can be, real, documental,physical, tetimonial. and the testimony of the expert witness....

A LAW is good if one uses it Properly..!

The topic is too broad as so many issues can be taken up for purposes of discussion. Take the case of the Miranda Warning. Do our law enforcement religiously apply this doctrine in every apprehension the make. I seriously doubt since many of them do not even know about it and could be a ground for the dismissal of the case. On evidence, we read in the papers of how our unscrupulous police officers plant evidence to an unknowing suspects or individual for the purpose of extortion. I guess we should narrow this down to a more manageable topic on the subject.

let's start with basic terminologies in criminal procedure and evidence :o

Demurrer - Allegation made by the defendant, admitting the matters of facts alleged by the complainant to be true but shows that they are INSUFFICIENT for the plaintiff to oblige the defendant to answer.


Ante Mortem Declaration - Statement made under the belief of impending death. Exemption in the hearsay rule.




pour in....

may i ask for the concrete definitions of the three criminal jurisdictions: ORIGINAL, LIMITED OR GENERAL AND APPELATE...i've been searching the net, insuccesso : :

THANKS A LOT

THANKS A LOT
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GENERAL-the jurisdiction of the court when it is empowered to decide all disputes which may come before it,except to those assigned to other courts.
ORIGINAL-the court has the authority to try and decide case presented for the first time.
LIMITED-the authority of the court to hear and determine only few specified cases.
EXCLUSSIVE-the authority of the court to try and decide case which cannot be presented before any other court
CONCURRENT-anyone of two or more courts may take cognizance of the case
APPELLATE-when the court can take a case already heard and decided by a lower court removed by the latter by appeal.

thanks for the enlightenment McVrooks!  8) at last alam ko na idistinguish!

[quote author=Agitator link=topic=23.msg3901#msg3901 date=1218432565]
thanks for the enlightenment McVrooks!  8) at last alam ko na idistinguish!

Ur very welcome Agitator its my pleasure...!

eh ano naman ang part of Res Gestae difference neto sa dying declaration?

well, kung tama ang pagkakaintindi ko sa discussion ng prof ko, ang dying declaration...declarant should die thereafter, ,,, res gestae yung mga bagay bagay na nasabi ng isang tao at narinig ng iba habang may nangyayaring kapanic panic na insidente ;D, or immediately after ng pangyayari...

uhhm...let's wait for other replies okay...di rin ako sure eh, guguluhin ko lang ang utak mo bahag hari hahaha

about doon sa DYING DECLARATION. OK  TAMA , the declarant must die,.. and yong mga sinabi nya bago sya mamatay na hindi related sa dahilan  ng kamatayan nya ay res gestae.., kapag hindi sya namatay , that is not dying declaration....

no dying declaration doesn't mean that the person must die or should die... it is that in the time he is giving a testimony, the latter believes that he will be die.. let say for instance Mr. A was shot and he is in the severe condition of loosing his life, the witness ask him if who is the person did the shot to him? he answered Mr. B did it to him.. suddenly after answering he lost his consciousness then bring there after in the hospital.. after an hour of medication Mr. A survived.. The declaration will still be fall under dying declaration because Mr.A believes that he will going to die...

PEACE!

ah wait lang, according to my sources, one of the elements of dying declaration is the person should be dead...if the person who made the declration did not die then it can be offered as res gestae.... i need to review my notes though...nalito ako kay Jacky huh in fairview

wow, kapuripuri mga responses ninyo, pero sino ba talaga sa inyong dalawa ang tama? explain further mga kuya. Tnx

well.. parts of the res gestae can only be admissible if it is declared in a startling occurrence....
try to have an explanation to ur law teacher... yan din kasi ginawa ko b4 when i was going to take my board examination...

hehehehh