REVIEW NOTES IN CRIMINAL JUSTICE SYSTEM

1. Q. Define Criminal Justice.

A. Criminal Justice refers to the study of agencies of social control that handle
criminal offenders.1

2. Q. Define Criminal justice System.

A. Criminal Justice System is defined as the machinery of the State or

government, which enforces the rules of conduct necessary to protect life
and property and maintain peace and order.

3. Q. Define Criminology.

A. Criminology is the body of knowledge regarding crime as a social

phenomenon. It includes within its scope the process of making laws, of
breaking laws, and of reacting toward the breaking of laws.2

4. Q. Differentiate Criminal Justice from Criminology.

A. (a) While Criminology explains the etiology, extent, and nature of the crime
in society; Criminal Justice studies the agencies of social control that
handles criminal offenders.

(b) While Criminologists are concerned with identifying the Nature, extent
and causes of crime;

Criminal Justice scholars engage in describing, analyzing, and explaining

the operations of the agencies of justice, specifically the police
department, the prosecution, the courts and the rest of the pillars of the
system in seeking a more effective methods of crime control and
offender rehabilitation.3

5. Q. Is there an overlapping area of concern between criminal justice

experts and criminologists?

A. Yes, Criminal justice experts cannot begin to design effective programs of

crime prevention of rehabilitation without understanding the nature and cause of
crime, They require accurate criminal statistics and data to test the effectiveness
of crime control and prevention programs. 4 It is in this aspect that Criminal
Justice and Criminology have overlapping concern.

CRIME AND CRIMINAL JUSTICE SYSTEM

6. Q. What is the event that calls for the operation of the Criminal Justice
System? Why?

A. Crime is the event that calls for the operation of the criminal justice system.

1
Siegle, Larry L., Criminology, theories, patterns & typologies, 8th edition, p. 4
2
Ibid. citing Sutherland and Donald Cresey.
3
Ibid.
4
Ibid.

1
When a crime is committed, it disturbs the tranquility and harmony of the
society. Such an event calls upon the police to initiate police intervention by
way of investigation or apprehension of those who violate the law: the
prosecutor, to prosecute the case; the court, to determine the guilt of the
accused; and the rest of the system follows as incumbent upon their role in
the criminal process.

7. Q. Define crime in criminological sense?

A. Crime is a violation of societal rules of behavior as interpreted and

expressed by a criminal legal code created by people holding social and
political power. Individuals who violate these rules are subject to sanctions
by state authority, stigma, and lose of status.

The above definition combines the consensus position that the criminal law
defines crimes with the conflict perspective’s emphasis on political power
and control and the interactionist concept of stigma. Thus, crime as defined
here is a political, social, and economic function of modern life. 5

8. Q. Define crime in the legal sense?

A. A crime has been defined as a voluntary and intentional violation by legally

competent person of a legal duty that commands or prohibits an act for the
protection of the society. A crime is punishable by judicial proceedings in
the name of the state.6

It is also defined as the “ act or omission in violation of a public law

commanding or forbidding it.”

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

9. Q. What is the basis of the Criminal Justice system? Explain.

A. Criminal Law is the basis that takes place in the Criminal Justice System.

Basic is the rule in Criminal Law that “there is no crime where no law is
punishing it.” And only violations of Criminal Law are being considered and
processed in the Criminal Justice System. Where no violation of Criminal Law
or where no commission of the crime, in general, Criminal Justice as a
process will not operate.

10. Q. Define Criminal Law.

A. In our setting, Criminal law is defined as that branch of public law, which
defines crimes, treats of their nature, and provides for their punishment.

11. Q. What are the two basic principles of criminal law in the
administration of the Criminal Justice System in the Philippines?

A. Our system of justice operates on two key principles of criminal law.

5
Ibid, p. 18: Under the consensus view, the law defines the crime and laws apply to all equally; Under the
Conflict view, the law is the tool of the ruling class, crime is politically defined concept and used to control the
underclass; while in the Interactionist view, moral entrepreneurs define crime, crimes are illegal because society
defines them that way, and criminal labels are life transforming events.
6
Introduction to Criminal Justice System, Pursley, Robert D., 5th Edition, 1991, Macmillan,N.Y., p. 35

2
The first is “the presumption of innocence”.7 This means that those
who are accused of crimes are considered innocent until proven guilty. This is
the fundamental assumption of our legal system that at least in theory is
supposed to exist. Thus, the accused is entitled to all the rights of the citizens
until his/her guilt has been determined by the court or by his/her
acknowledgement of his/her guilt that he or she indeed committed the crime.

The second principle is “the burden of proof (which in criminal cases

means that the government must prove) beyond reasonable doubt”8 that the
suspect committed the crime. Because in criminal prosecutions, the penalty
imposed maybe an imprisonment and even death in some cases, the state is
given a difficult burden. Nevertheless, it is the bedrock of our social – and
through it, our legal- system.

12. Q. Explain the concept of the Principle of Presumption of Innocence.

Give the source of this principle.

A. No less than the Constitution of the Philippines provides that an accused

shall be presumed innocent until proven guilty.9

In our Criminal Justice process, the burden of proof lies in the public
prosecutor. It is incumbent upon the prosecutor to prove that the accused is
guilty as charged. And in so doing, he/she must rely on the strength of
his/her evidence and not on the weakness of the accused’s evidence.

It follows, therefore, that the accused is entitled to all the rights of an

individual citizen until the guilt is proven.

13. Q. Explain the concept of Proof Beyond Reasonable Doubt. Give the
Legal source.

A. In our setting, our criminal proceeding carries the penalty of imprisonment

or deprivation of liberty, and to the extreme, the punishment of death. In
order to make sure that only those who are guilty of the crime are punished,
our Rules on Evidence provides that the evidence, in order to be sufficient to
convict an accused for a criminal act, proof beyond reasonable doubt is
necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled
to an acquittal.10

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as,
excluding he possibility of error, produces absolute certainty. Moral certainty
is only required, or that degree of proof which produces conviction in an
unprejudiced mind.11

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

7
Art. III, Sec. 14 (2), Phil. Constitution.
8
Rule 133, Sec. 2, Rules of Court.
9
Ibid.
10
Rule 133, sec. 2. Rules of Court.
11
Ibid.

3
14. Q. Who is the criminal in relation to the administration of the Criminal
Justice System?

A. The criminal is the main character or the principal actor, so to speak, of the
Criminal Justice System. Some authors even refer to him as the superstar, if
you will, because upon him the pillars of the system revolve.

15. Q. Define a criminal, in criminological sense, legal sense, and as

defined in criminal justice.

A. A criminal may be defined in three (3) different views:

1. In Criminological sense, a person may be considered as a criminal from

the time he or she committed the crime regardless whether or not it
has been reported to the Police for investigation.

2. In legal sense, a person maybe considered a criminal only upon

undergoing the judicial process and upon determination by the Court
that he or she is guilty beyond reasonable doubt.

3. In Criminal Justice sense, a criminal may be defined as one who has

undergone the process and went through all the pillars of the Criminal
justice System.

15.1 Q. What are the different nomenclatures given to the

person who is being processed under the Criminal Justice
System?

A. They are the following:

1. At the police stage, during investigation or custodial

interrogation regarding his/her involvement or
participation in the commission of the crime, he/she is
referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of
probable cause or during the Preliminary Investigation, he
is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in
Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty
beyond reasonable doubt as charged and the judgement
has been rendered, he is referred to as the CONVICT or
CONVICTED FELON or CONVICTED OFFENDER.
5. It is only upon undergoing all the process when the person
has fully served the sentence when he can really be
considered as a CRIMINAL.

16. Q. Give the four elements of justice in order that justice may be
dispensed of absolutely.

A. To dispense absolute justice requires the presence of four elements:

1. the absolute ability to identify the law violator.

2. The absolute ability to apprehend law violator.

4
3. The absolute ability to punish law violator.
4. The absolute ability to identify the intent of the law violator. 12

17. Q. Enumerate the four types of mistakes that can happen when
society attempts to administer justice.

A. When societies attempt to administer justice, mistakes are inevitable.

Types of mistakes include the following:

- the innocent is punished.

- The guilty escapes the punishment.
- The guilty are punishment more severely than necessary.
- The guilty are punished less severely than necessary.13

18. Q. What are the goals of the Criminal Justice System?

A. The goals of the CJS may be categorized into two (2).

1. The Primary goal.

2. The secondary or sub-goals.

19. Q Enumerate the Primary goals of the Criminal Justice System. Explain
each.

A. The following are the primary goals of the Criminal Justice System:

1. To protect the members of the society. It is the formal instrumentality

authorized by the people of the nation to protect both their collective
and individual well being.

2. The maintenance of peace and order. Political, economic and

institutional stability are goals of an organized society. Because the
existence of crime and disorder disrupt stability in the society, we
have given the CJS authority to act as society’s representative and to
serve as the instrument by which the existing order is maintained. 14

20. Q. Enumerate the sub-goals or secondary goals.

A. The following are the sub-goals of the Criminal Justice System:

1. The prevention of crime.

2. The suppression of criminal conduct by apprehending offenders for
prevention is ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6. The correction by socially approved means of he behavior of those
who violate the law.15

12
Criminal Justice, Concepts and Issues, Eskridge, Chris,W., 2nd Edition 1996, Roxbury Publishing Company, pp.
12-14.
13
Ibid.
14
Ibid.
15
Ibid.

5
PHILOSOPHY behind the Criminal Justice System

21. What are the philosophies behind the Criminal Justice system?

A. The following are the Philosophy behind the Criminal Justice System.

1. The Adversarial Approach; and

2. The Inquisitorial Approach.

22. Q. Explain the adversarial approach.

A. The adversarial approach assumes innocence. The prosecutor

representing the state must prove the guilt. The adversary approach requires
that the proper procedures are followed, procedures designed to protect the
rights of the accused.

The adversary system embodies the basic concept of equal protection and
due process16. These concepts are necessary in order to create a system in which
the accused has a fair chance against the tremendous powers of the prosecutors
and the resources of the State.

Theoretically, the protection will prevent the prosecutor from obtaining a

guilty verdict for an innocent defendant. In reality, however, justice does not
always prevail.

23. Q. Explain the inquisitorial approach.

A. The inquisitorial system assumes guilt; the accused must prove

that they are innocent. The inquisitorial approach places a greater emphasis on
conviction rather than on the process by which the conviction is secured.

24. Q. Distinguish the above philosophies of the Criminal Justice System.

A. (a) As to the presumption:

The Adversarial Approach assumes the accused to be innocent; while the

Inquisitorial Approach assumes the accused to be guilty.

(b) As to the burden of proof:

The Adversarial Approach places the burden on the public prosecutor to

prove the guilt of the accused; while the Inquisitorial Approach places the
burden of proving his innocence on the accused.

(c) As to the emphasis:

The Adversarial Approach places emphasis on the process; while the

Inquisitorial Approach places emphasis on the conviction of the accused.

25. Q. What is the philosophy adopted by our Criminal Justice System?

A The philosophy adopted in our Criminal Justice System is the Adversarial

Approach.
16
Art. III, Sec. 1, Phil. Constitution

6
This is obvious due to the greater emphasis on the observance of due
process and of the litany of rights in the Bill of Rights of our Constitution.

26. Q. What are the two principles of law that must be adhered to in our
Criminal Justice System?

A. The two (2) principles of law that must be adhered to in our criminal Justice
System are the following:

1. The principle of due process of law; and

2. The principle of equal protection clause.

27. Q. Explain the concept of Due Process of Law.

A. Essentially, the concept of due process means that those who are
accused of the crimes and those who are processed through the
Criminal Justice System must be given the basic rights guaranteed by
the Constitution.

As explained by the Supreme Court, the due process clause is elastic

and flexible to be able to meet varied contingencies.17

In essence, due process simply means compliance with the

requisite NOTICE and HEARING. The essence of due process is found
in the reasonable opportunity to be heard and submit any evidence
one may have in support of one’s defense. What the law prohibits is
not the absence of previous notice but the absolute absence thereof
and the lack of opportunity to be heard.18

28. Q. Explain the concept of Equal Protection Clause.

A. The equal protection clause in essence declares that the state may not
attempt to create or enforce statutes against a person solely because of
specific characteristics such as race, age, or sex. According to the Supreme
Court, it must be based on some reasonable classification. 19

29. Q. What is the concept of Criminal due process?

A. Criminal due process requires that the accused be tried by an impartial and
competent court in accordance with the procedure prescribed by law and
with proper observance of all the rights accorded him under the Constitution
and applicable statutes (ex. denial of preliminary investigation when proper).

The basic ingredient of criminal due process is a trial conducted in

accordance with the rudiments of fair play.20

30. Q Who can utilize this right to criminal due process?

A. Any person under investigation of the crime may at all times invoke his right
to due process.
17
Ynot v. C.A. 148 SCRA 659
18
Mendenilla v. CSC, 194 SCRA 279, Feb. 19, 1991
19
People v. Cayat, 68 Phil. 12, cited in Constitutional Law by Isagani A. Cruz, 2000 Edition, p. 127.
20
Ibid. p. 297-298

7
The Bill of Rights (including the right to due process) is a litany of
weapons, which a person may use in order to resist or defeat any abuse or
misuse of governmental power.21

The Bill of Rights is foundationally directed against the government. 22

MODEL OF CRIMINAL JUSTICE SYTEM

31. Q. What are the two most popular model of Criminal Justice System?

A. The following are the most popular model of Criminal Justice System:

1. The Concept of Crime Control Model; and

2. The Concept of Due Process Model.

32. Q. What are the difference between the two and explain.

A. The following are the differences:

(a) As to quality control;

Packer views both the systems as striving for the quality control in
very different ways.

He suggests that the due process model emphasizes “

reliability” (i.e. society must be willing to live with the fact that some
guilty offenders will be found innocent in order to insure that the innocent
persons are not unjustly convicted),

Whereas the crime control model emphasizes “efficiency” and

productivity (i.e. society must be willing to accept the fact that some
innocent people might well be incorrectly found guilty, but that the overall
improvement in the administration of justice and, supposedly, the
protection to society, would more than compensate for such mistakes).23

(b) As to the primary concern of protection:

The primary concerns of the due process model are the protection
of individuals, individual freedom, and general maintenance of liberty;

Whereas the concern of crime control model is the collective rights

of the society that must take precedence over the rights of the individual;
where there is conflict over this issue, collective public safety must be the
first consideration.

(c) As to the assumption of guilt or innocence:

In Due Process Model, People are considered basically good.

Individuals are presumed innocent until proven guilty.

21
Aguirre, Angel jr., Postulates in Constitutional Law II, 1995 Edition, p. 145
22
Constitutionsl Law, Primer and Reviewer. Fr.Bernas
23
Ibid.

8
Whereas in Crime Control Model individuals are presumed guilty
until proven innocent, and the concern is with forcing conformity
through an external deterrence system

(d) As to the promotion of treatment/ punishment:

In Due Process Model the emphasis is on the treatment and not the
punishment of the offender. The concern is rehabilitating and integrating
offenders back into society, and more particularly in assisting law violators
to make a deliberate conversion to a more responsible lifestyle. The
justice process is deliberate, formalized thorough, and individualized.
Treatment entails establishment of community based alternatives to
incarceration.

Whereas Crime Control Model promotes punishment rather than

treatment. Deterrence serves and the philosophic underpinnings of the
entire model. The justice process is quick and generally informal.

33. Q. What Criminal Justice model do we adopt in the Philippines. Why?

A. The criminal Justice Process that we adopt in our setting is the Due Process
Model.

34. Q. What is Law enforcement in relation to the CJS?

a. The Law Enforcement as the first pillar is considered to be the “initiator” or

the “prime-mover” of the Criminal Justice System. It is considered as “the
initiator of the actions” that other pillars must act upon to attain its goal
or objective. Some authors would state that without the police initiating the
action, the System would be at a stand still.

Examples of police initiating action:

 effecting an arrest
 surveillance
 crime investigation

35. Q. What in general are the functions of the Law Enforcement in relation
to the Administration of the CJS? Explain each.

A. The following are the functions of the Law Enforcement, in general:

(a) To prevent criminal behavior.

Prevention involves all the factors directed toward eliminating the

cause of crimes.

(b) To reduce crime.

Crime reduction essentially means eliminating and reducing

opportunities for criminal behavior.

(c) To apprehend and arrest offenders.

9
This function includes crime investigation and gathering of evidences
that could withstand the scrutiny of the court.

(d) To protect the life and property.

Protecting life and property is essentially the purpose why the PNP is
created.

(e) To regulate non-criminal conduct.

This involves the Community service and Order Maintenance functions

of the PNP.24

36. Q. What is the importance of arrest in the Administration of CJS?

A. Arrest is important in the Administration of Criminal Justice System because

if the accused is not arrested the court will not acquire jurisdiction over his
person unless the person voluntarily surrenders himself to the authorities.

Under the law, the court cannot proceed with the trial of the person without
his presence or in absentia. This is in consonance with the constitutional
requirement that the accused must have the right to be heard by himself and
to be informed of the cause and accusation against him. 25 The only exception
is when the accused has already been arraigned.

Rule 113, Section 5. Warrantless Arrest

A police officer or a private person may, without a warrant,

arrest a person:

(a) When, in his presence, the person to be arrested has committed, is

actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause
to believe, based on personal knowledge of facts and circumstances
that the person to be arrested has committed it;
(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgement or
temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

37. Q. What is the importance of Criminal investigation in the

Administration of CJS?

A. Criminal Investigation is important in the administration of the CJS because

one of the purpose of criminal investigation is to gather and preserve evidence
that will both justify their enforcement action in the particular case. Furthermore,
it will enable the fact-finding process of the courts and the prosecution of the
case successfully and obtain conviction.

POLICE IMAGE in the Administration of CRIMINAL JUSTICE SYSTEM.

38. Q. Why must the police enhance its public image?

24
Ibid.
25
301 SCRA 298 (1999)

10
A. It is important for the police to enhance their image so that full cooperation of
the community be attained. It is only when the police is fully supported by the
community that they shall be truly become effective in their crime prevention,
investigation and law enforcement functions.

39. Q. What must the police do in order to enhance its public image?

A. The following are some of the activities that the police must perform in
order to enhance their image:

(a) increased police visibility through the dispersal of personnel from the
headquarters to the field offices;
(b) efficient and optimized delivery of police services to the communities; 26
(c) Constant dialogue and meetings with the barangay officials in their
respective territorial jurisdictions;
(d) Community service oriented policing 27 by conducting seminars for the
traffic aides, police aides and the barangay tanod;
(e) Coordination with the media for image enhancing projects;

40. Q. Enumerate the general functions of the courts in relation to the CJS.

A. They are the following:

1. To protect the rights of the accused. The courts are responsible for the
reviewing the actions of law enforcement agencies to ensure that the
police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime.
Review all the evidences presented by the police to determine its
relevance and admissibility in accordance with the Constitution and the
rules of court.
3. To dispose properly of those convicted of the crimes . The Courts have
the responsibility to examine the background of the accused and the
circumstances of the crime.
4. To protect the society. After the accused has been found guilty, the
court may determine if the offender should be removed from society
and incarcerated in order to protect the safety of life and property and
this is specially true in case of Probation.
5. To prevent and reduce criminal behavior . This is the task properly
imposing the proper penalty and sanctions that will serve to deter the
future criminal acts by the offender and also serve as an example and
deterrent to others who would commit criminal acts or threaten public
safety. 28

41. Q. Define Jurisdiction.

A. Jurisdiction is the authority of the court to hear and try a particular offense
and to impose the punishment provided by law.

42. Q. Define Venue.

26
R. A. 8551, Sec. 13.
27
Ibid. Sec. 2
28
Ibid. pp. 7-8

11
A. Venue refers to the place, location or site where the case is to be heard on
its merits.

43. Q. What are the different Courts and their respective jurisdiction in
Criminal cases?

A. The following are the Criminal Courts and their respective jurisdictions:

JURISDICTIONS OF CRIMINAL COURTS

COURTS ORIGINAL APPELLATE

JURISDICTION JURISDICTION

MUNICIPAL TRIAL (a) All violations of city NONE

COURT/MUNICIPAL and Municipal
CIRCUIT TRIAL COURT/ ordinances committed
METROPOLITAN TRIAL within their respective
COURT jurisdiction;
(b) over all offenses
punishable with
imprisonment not
exceeding six (6)
years irrespective of
the amount of fine;
(c) damage to property
through criminal
29
negligence.

REGIONAL TRIAL COURT (a) in all cases not within From decisions or
(RTC) the exclusive original judgements of the
jurisdiction of a any MTC/MCTC/MeTC over
court , tribunal or letter (b) and (c) of their
body; in other words, original jurisdiction.31
those which carry the
penalties exceeding
six (6) years of
imprisonment;
(b) those not covered by
the jurisdiction of the
Sandiganbayan.30

29
Sec. 32, Batas Pambansa Blg. 129 as amended by r. A. No. 7691
30
Ibid., Sec. 20
31
Ibid., Sec. 22

12
SANDIGANBAYAN (a) violations of R. A. Decisions or judgement
3019, otherwise of the Regional Trial
known as the Anti- Court over cases
graft and Corrupt committed by public
Practices Act, R. A. officers under its original
1379, and Chapter II, jurisdiction in letter ©.
Sec. 2, Title VII, of
Book II of the
Revised Penal Code.

1. officials of the
executive
branch
occupying the
positions of
regional director
and higher,
otherwise
classified as
Grade “27” and
higher.
(a) Xxx
(b) Xxx
(c) Xxx
(d) Phlippine Army and
air force colonels,
naval captain, and
all officers of higher
rank;
(e) Officers of the PNP
while occupying the
position of
provincial director
and those holding
the rank of senior
superintendent or
32
higher.
(f) r.

COURT OF APPEALS NONE From the decisions or

judgements of the RTC
on:
(a) Question of facts
(b) Question of law; or
(c) Both question of
facts and law

32
Sec. 4, P.D. 1606, as amended by R. A. 8249

13
SUPREME COURT NONE From the decisions or
judgements of the CA
and the Sandiganbayan
involving Questions of
Law only.

44. Q. How may jurisdiction over the person of the accused acquired?

A. Jurisdiction over the person of the accused is acquired through (1) his
arrest or (2) by his voluntary submission to the custody of the proper
authorities.33

45. Q. What is arraignment?

A. Arraignment is the stage where the issues are joined in criminal action and
without which the proceedings cannot advance further or, if held, will
otherwise be void.34

It is the stage of the proceedings whereby the accused shall be informed

of his/her constitutional right to be (officially) informed of the nature and
the cause of the accusation against him and to ask him of his plea.

46. Q. What is the definition of judgement?

A. A judgement is the law’s final word pronounced by a competent authority in

a controversy submitted to it.

The elements are the following:

1. the controversy;
2. the authority; and
3. the decision.35

It is also defined as the stage wherein the court pronounces whether the
accused is guilty or not guilty of the crime as charged.

47. Q. What is the weight of evidence required in order to convict the

accused?

A. The weight of evidence required in order to convict an accused is “ Proof

beyond reasonable doubt.”36

48. What are the general functions of Corrections in relation to the

Administration of CJS?

The following are the general functions of Correctional Institutions:

33
People v. Meris, G.R. No. 117145, March 28, 2000, cited in R. Agpalo’s Criminal Procedure Handbook.
34
Hand book on Criminal Procedure, Agpalo, Ruben, 2001 Edition, p.330
35
Gonzalo Puyat and Sons, Inc. v. Auditor General, 30 SCRA 22 (1969)
36
Ibid.

14
1. To maintain the institutions. The correctional component is responsible for
maintaining prisons, jails, and other institutional facilities to receive convicted
offenders sentences to periods of incarceration.
2. To protect law abiding members of society . Correction is responsible for
providing custody and security in order to keep sentenced offenders removed
from the free world so that they cannot commit further crimes on society.
3. To reform offenders. Corrections is responsible developing and providing
services to assist incarcerated offenders to reform and assist them in returning
to society and in leading a non-criminal life after his/her release.
4. To deter crimes. Corrections is responsible for encouraging incarcerated and
potential offenders to lead law-abiding lives the experience of incarceration and
the denial of freedom to live in a free society.37

49. When does Correction enter into the picture in the administration of the
CJS?

A. Correctional Institutions enter into the picture, as a rule, when the conviction
of the accused has become final and executory. That is, when the judicial
process has been completed and the court issues a MITTIMUS for the
enforcement of its decision.

Although, Correctional Institutions, Jails in particular, may receive an accused

for custody or detention only, in which case the court issues a COMMITMENT
ORDER.

50. What is meant by Mittimus?

A. Mittimus is a warrant issued by a court bearing its seal and the signature of
the judge directing the jail or prison authorities to receive the convicted
offender for service of sentence.

51. What is meant by Commitment Order?

A. A Commitment Order is a written order of a court or authority consigning a

person to jail or prison for detention.

PURPOSES OF CORRECTIONS

52. What are the purposes of Correction?

A. The following are the purposes of corrections:

1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.

D-R2-I-P

53. Explain the concept of deterrence?

37
Ibid., p.9

15
A. Deterrence is one of the most meaningful principle of corrections. Its concept is
that punishing the criminal will reduce the incidence of criminal behavior in a
society.

53.1 What are the two major applications of deterrence?

A. 1. The concept of general deterrence. This can be thought of as

the power of criminal law and the agencies of criminal justice to deter
offenders from committing crimes. The threat of arrest, conviction, and
imprisonment then prevents a person from committing a crime , which
in the absence of these sanctions might otherwise commit.

2.The concept of special deterrence. This form of deterrence,

theoretically, is designed to prevent further crimes by someone who
has already experience the sanctions imposed by the law through the
mechanisms of the courts and imprisonment. 38

54. Q. Explain the concept of Rehabilitation?

A. The goal in this purpose links the criminal behavior with abnormality or
some form of deficiency in the criminal. It assumes that human behavior is
the product of an antecedent causes and that to deal effectively with any
deviant behavior , these various cases must be identified- be they physical,
moral, mental, social, vocational or academic. Once the problems has been
diagnosed and classified for treatment, the offender can be corrected by the
right psychological therapy.39

55. Explain the concept of Reintegration?

A. This model is a more practical and realistic extension of the rehabilitative

philosophy. Like the rehabilitative model , it views the offender as needing
help-but at the same time it recognizes that criminal behavior is often the
result of disjunction between the offender and the society.

The reintegrative model realizes that society and the individual are
inseparable, and therefore the offenders environment is also emphasized. If
the offenders are to be helped, then they must be assisted in coping with
the forces of the everyday environment to which they will return upon
release from prison.40

56. Explain the concept of Isolation and Incapacitation?

A. The idea of incapacitation rests on the idea that convicted criminals should
be rendered physically unable to continue their criminal acts- whether this is
accomplished by imprisonment and thereby the removal of the individual
from society or by the imposition of death penalty in criminal cases.

On the other hand, Isolation was the major impetus behind the exile and
transportation method of dealing with the offender.41

57. Explain the concept of punishment?

38
Ibid., p. 424.
39
Ibid., p. 425
40
Ibid.p. 426
41
Ibid.p.424

16
A. The general concept is that it is the infliction of some sort of pain on the
offender for violating the law. In the legal sense it is more of an individual
redress or personal vengeance.

Punishment therefore defined as the redress that the state takes against
the offending member.

Punishment is also a form of disapproval for certain behaviors that is

followed by the imposition of penalty. Punishment makes the offender
stigmatized and penalized.42

58. What are the justification of punishment?

A. The following are the justifications of punishment:

(a) Retribution-or personal vengeance.

(b) Expiation or Atonement-
(c) Deterrence
(d) Protection
(e) Reformation

59. Define Corrections?

A. Corrections is that branch of the criminal justice system charged with the
custody, supervision and rehabilitation of a convicted offender.

60. What are the different Correctional Institutions in the Philippines?

A. The following are the different Correctional Institutions in the Philippines:

1. *The City or Municipal Jails under the BJMP;

2. *The provincial Jails under the Provincial Governors; and
3. The Bureau of Corrections under the Department of Justice.

*NOTE: Both are under the DILG (R. A. 6975, Sec. 61)

61. Enumerate the different Custodial Branches of the NBP?

A. The following are the different custodial branches of the NBP:

1. The New Bilibid Prison at Muntinlupa City.

2. San Ramon Prison and Penal Farms, San Ramon, Davao.
3. Iwahig Prisons and Penal Farms located at Iwahig, Palawan.
4. Leyte Regional Prisons, Leyte.
5. Davao prisons and Pehal Farms, Davao.
6. Correctional Institutions for Women, Mandaluyong City.
7. Sablayan Prisons and Penal Farms, Sablayan, Oriental Mindoro. 43

62. What is Jail in relation to the administration of the CJS? Explain.

Garcia, Rodolfo, M., Comprehensive reviewer in Correctional Administration, Central Professional Books, Inc.
42

Aug., 2003, p.1.

43
Ibid.

17
A. Jails is an integral part of the Criminal Justice System. Although it is considered
as a subsystem of the corrections component, it plays a far more important
role than the classification would suggest.

The Jails serves as the portal to the Criminal Justice System and an important
indicator of the interest and concern with justice, punishment, and
rehabilitation expressed by society and the local community.

63. Q. What is the role of the Community as the fifth pillar of the Criminal
Justice System? Define Community in this connection?

A. The community has an unparalleled role as the fifth pillar of the Criminal
Justice System.

In this connection, the community is understood to mean as “ elements that

are mobilized and energized to help authorities in effectively addressing the
law and order concern of the citizenry.”

64. Q. Explain the responsibilities of the community in relation to Law

Enforcement.

A. As one of the pillars or component of the Criminal Justice system, the

community with its massive membership has vital responsibilities in law
enforcement

The citizens can achieve these roles:

(a) identifying offenders;

(b) giving data about the illegal activities and cohorts of the criminals, and
the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of
the police but is equally the concern of every citizen in order to have a
peaceful place to live in.44

65. Q. Examples of Community participation in the Administration of

Criminal Justice in our setting and explain each.

A. They are the following:

1. The growing interest in the rights and welfare of the victim as shown
by the government with the cooperation of community leaders.
Accordingly, R.A. No. 6981, otherwise known as the “Witness
protection and Security Act” was passed and approved on April 24,
1991.45

This is to encourage the citizenry to participate in the Criminal Justice

System by helping the government and the community in dealing with
crime and criminals.

44
Philippine Criminal Justice System by Sangalang.
45
Philippine Criminal Justice System by Sangalang.

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2. The Creation of Police-Community Relations.

R.A. 6975, created this unit in order to implement plans and programs
that will promote community and citizens’ participation in the
maintenance of peace and order and public safety. 46 It was created to
establish harmonious relationship between the police and the citizen.
The community involvement in the criminal justice system is necessary
to show its problems and encourage action for the solution thereof. It
is clear that the police and the citizens need each other to combat and
eradicate criminality.

66. Q. How can Police-Community Relations be achieved?

A. This can be done :

(a) Through constant dialogues between seminars to acquaint the

barangay tanods and the police aides of their duties and
responsibilities in the performance of their functions in the
community.
(b) The police must follow the rule of law on dealing with the
citizens by performing their duties in a humble and efficient
manner and by showing the public goodwill. 47

GOOD LUCK!!!

46
R.A. 6975, Sec. 35 (10)
47
Ibid.

19