MODULE 5

SOCIOLOGY OF CRIMES & ETHICS WITH HUMAN RELATIONS

PHILIPPINE CRIMINAL JUSTICE SYSTEM

PREPARED By:

JOHN MICHAEL DOON DIONISIO, RCRIM, MSCJ, CSP

CRIMINAL CONCEPT OF CJS IN THE PHILIPPINES

- A person is a criminal the moment he committed a crime
(criminological sense) The Philippine Criminal Justice System is made up of
- A person who committed a crime, charged as such and the various government agencies known as the pillars or
declared guilty by the court (legal sense) components, which are responsible for the enforcement of the
- A person who committed a serious violation of norms of a law and the administration of justice. These are the Police, the
certain community (sociological) Prosecution, the Court, the Corrections and the mobilized
- A person who committed maladaptive behavior due to some Community. They comprised the Five (5) Pillars of the Criminal
mental or personality disorders (psychological) Justice System.
JUSTICE – the process or duty of giving or rendering what is
due to others. These five (5) elements are known as the FIVE PILLAR
SYSTEM – A whole which is composed of interconnected and OF THE C.J.S. On them obviously depends the effective and
interdependent parts to perform as one. efficient operation of the criminal Justice System. Generally
CRIMINAL JUSTICE – refers to the study of various agencies of speaking, the following are the functions of the five components
the government which are concerned in administration of justice of the CJS:
and their functions and their relationship of these agencies to on
another. 1. To prevent and control the commission of crime
2. To enforce the law
CRIMINAL JUSTICE SYSTEM - Criminal Justice System is the 3. To safeguard lives, individual rights, and properties of the
machinery used by the society to prevent and control crime. It is people
a tool of a Democratic Government to protect the society against 4. To detect, investigate, apprehend, prosecute, and punish
criminality and other peace and order problem. those who violate the law
In theory, Criminal Justice System is an integrated 5. To rehabilitate the convicted criminal offenders and
apparatus that is concerned with apprehension, prosecution, trial, reintegrate them into the community as law-abiding
conviction, sentencing and rehabilitating or correcting criminal citizens
offenders. The process is the totality of the activities of law
enforcers, prosecutors, defense lawyers, judges and correctional
institutions, as well as those of mobilized community in crime CJS MODELS ACCORDING TO HERBERT PACKER
prevention and control.
Basically, the Criminal Justice System in the American 1. Crime Control Model - is based on the idea that the most
context is initially made up of three key components – the police, important function of the CJS is protection of the public and
the court and the corrections. the repression of criminal conduct – the rights of the
individuals are just secondary; and
Criminal Justice System in the Philippines was
expanded to achieve its objectives – prevention and control of 2. Due Process Model – to the proponents of this, the rights
crimes. of an individual must be co-equal with the concern for public
safety.
SIX STAGES IN THE CRIMINAL JUSTICE PROCESS
INPUT OF CJS – Laws
1. Arrest OUTPUT OF CJS – Justice
2. Charging
3. Adjudication
4. Sentencing CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM
5. Corrections
6. Reintegration CRIMINAL LAW - is that branch of public, which defines crimes,
treats of their nature, and provides for their punishment.
CONCEPT OF CJS IN THE UNITED STATES
SOURCES OF CRIMINAL LAW
CJS in the American context is initially made up of
three (3) keys components – the police, the courts, the a. Revised Penal Code (Act No. 3815) and its amendments
corrections. b. Republic Acts

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c. Other Special Penal laws passed by the Phil.
Commission, Philippine Assembly, Philippne Legislature, 1. ADVERSARIAL APPROACH
NAtional Assembly, the Congress of the Philippines and - assumes innocence
the Batasang Pambansa - the prosecutor has the burden of proof
- the emphasis is given on the proper procedures
Presidential Decress and Republic Acts are the two (2) well-
known names of special criminal laws in the Philippines. 2. INQUISITORIAL APPROACH
- assumes guilt
PRESIDENTIAL DECREES - are special laws which were - the accused has the burden of proof
passed during the Martial Law ere wherein the Philippine was - the emphasis is on the conviction of the accused
placed under a parliamentary system of government.
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:
REPUBLIC ACTS - special laws which were passed after the
1987 constitution enacted where the system of our government 1. LAW ENFORCEMENT - also called the POLICE pillar. It
is now democratic and republican. occupies the frontline of the CJS because they are
regarded as the initiator of the system. They are also the
TWO CLASSIFICATIONS OF CRIMINAL LAW first contact of the law violator in the CJS process. It
investigates, makes arrests and prepares evidence against
1. SUBSTANTIVE - defines the elements that are necessary for the suspects needed to prosecute them.
an act to constitute as a crime and therefore punishable. 2. PROSECUTION - takes care of evaluating the evidence
and formally charges the suspects before the court. It
2. PROCEDURAL / REMEDIAL - refers to a statute that serves as screening process on whether to file a case
provides procedures appropriate for the enforcement of the based on evidence or dismiss the same and determines
Substantive Criminal Law. what particular crime shall be formally filed and presents
the burden of proof against the suspect.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE 3. COURT - conducts arraignment and trial. It issues warrant
ADMINISTRATION OF THE CJS of arrest if the accused is at large and acquits the innocent
and adjudicate penalty for the accused if found guilty.
1. PRESUMPTION OF INNOCENCE - This means that those 4. CORRECTION - responsible for the incarceration and
who are accused of crimes are considered innocent until proven rehabilitation of the convicted person to prepare for
guilty. The accused is entitled to all the rights of the citizens until eventual reintegration in the community.
the accused’s guilt has been determined by the court of law or 5. COMMUNITY - helps the penitent offender to become law-
by the accused’s acknowledgment of his guilt that he or she abiding citizen by accepting the ex-convict’s re-entry and
indeed committed the crime. No less than the Constitution of the assists said penitent offender lead a new life as a
Philippines provides that an accused shall be presumed responsible member of the society; Not under or
innocent until proven guilty. independent among the branches of the government.

2. BURDEN OF PROOF - In criminal cases means that the FIRST PILLAR: LAW ENFORCEMENT
government must prove beyond “reasonable doubt” that the
suspect committed the crime. In order to make sure that only The law enforcement pillar is the branch of the
those who are guilty of the crime as punished, our Rules on criminal justice system that has the specific responsibility of
Evidence provides that the evidence, in order to be sufficient to maintaining law and order and combating crime within the
convict an accused for a criminal act, proof beyond reasonable society.
doubt is necessary. Unless his guilt is shown beyond The Law Enforcement as the first pillar is considered
reasonable doubt, he is entitled to an acquittal. to be the “initiator” or the “prime mover” of the Criminal Justice
System. This pillar is also commonly referred to as the police
pillar.
THE DIFFERENT NOMENCLATURES GIVEN TO THE This pillar is comprised of the different law enforcement
PERSON WHO IS BEING PROCESSED UNDER THE agencies in the country such as the Philippine National Police,
CRIMINAL JUSTICE SYSTEM: the National Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs, the Bureau of
1. At the police stage, during investigation, he is referred to Internal Revenue, and the Land Transportation Office, among
as the SUSPECT. many others.
2. At the Prosecutors office, during the determination of
probable cause or during the Preliminary Investigation, he PHILIPPINE NATIONAL POLICE - Organized pursuant to RA
is referred to as the RESPONDENT. 6975, as amended by RA 8551 as further amended by R.A.
3. At the trial of the case, when a case has been filed in 9708.
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 judgment
has been rendered, he is referred to as the CONVICT. RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:
5. It is only upon undergoing all the process when the person
has served the sentence when he can really be 1. RA 6975 - An Act establishing the Philippine National
considered as a CRIMINAL. Police under a reorganized Department of the interior and
Local Government and for other purposes, otherwise
PHILOSOPHIES BEHIND THE CJS
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known as DILG Act of 1990, was approved on December 2. when a witness personally reports the crime to the police;
13, 1990 and made effective on January 1, 1991. and
3. When the police catches an offender while in the
2. RA 8551 – An Act providing for the Reform and commission of a crime.
Reorganization of the PNP, otherwise known as PNP V. CRIMINAL APPREHENSION - the legal term for criminal
Reform Act of 1998, was passed into law on February 25, apprehension is arrest.
1998.
3. RA 9708 - “An Act extending for 5 years the reglementary ARREST (Rule 113, Sec. 1) - Arrest is the taking of a person
period for complying the minimum educational qualification into custody in order that he may be bound to answer for the
for appointment to the PNP and adjusting the promotion commission of an offense.
system thereoff passed on August 12, 2009
MODES OF ARREST
4. RA 11200 - An Act Providing for the Rank Classification in
the Philippine National Police, Amending for the Purpose 1. Arrest by virtue of a warrant
Section 28 of Republic Act No. 6975, as Amended, 2. Arrest without a warrant
Otherwise Known as the "Department of the Interior and
Local Government Act of 1990" An arrest may be made on any day and at any time of the
day or night, even on a Sunday.
PHILIPPINE NATIONAL POLICE
WARRANT OF ARREST
- a law enforcement agency under the DILG.
- under administrative control and operational - an order in writing issued in the name of the People of the
supervision of the National Police Commission. Philippines, signed by a judge and directed to a peace
officer, commanding him to take a person into custody in
CONSTITUTIONAL BASIS - It is an organization that is order that he may be bound to answer for the commission
national in scope and civilian in character, as provided by of an offense
Section 6, Article 16 of the 1987 Philippine Constitution: - shall remain valid until the person to be arrested has been
“The state shall establish and maintain one police force which arrested or has surrendered
shall be national in scope and civilian in character”

POLICE DISCRETION - It is an authority conferred by law to act

in a certain condition or situation in accordance with an officer CIRCUMSTANCES OF WARRANTLESS ARREST:
or an official agency’s own considered judgment or conscience.
It is simply the wise use of one’s judgment in a police situation Arrest without warrant; when lawful? – A peace
requiring immediate and decisive action. officer or a private person may, without a warrant, arrest a
person:
SOME DISCRETION OF THE POLICE
a. When, in his presence, the person to be arrested has
a) To strictly enforce the laws and ordinances committed, is actually committing, or is attempting to
b) To be lenient in the enforcement of laws and ordinances. commit an offense;
c) To apply for search warrants
d) To arrest the suspect’s or just merely warn him b. When an offense has just been committed and he has
e) To gather additional evidence or immediately file in case probable cause to believe based on personal knowledge
against the suspect of facts or circumstances that the person to be arrested
f) To follow-up cases has committed it; and
POLICE ROLES AND FUNCTIONS IN THE SOCIETY
c. When the person to be arrested is a prisoner who has
I. LAW ENFORCEMENT - The Philippine National Police has escaped from a penal establishment or place where he is
the power to enforce laws and ordinances relative to the serving final judgment or is temporarily confined while his
protection of lives and property, such as the Revised Penal case is pending, or has escaped while being transferred
Code, other special penal laws and city and municipal from one confinement to another. (Rule 113, Sec. 5)
ordinances.

II. CRIME PREVENTION - the elimination of the opportunity VI. SEARCH AND SEIZURE - Search refers to the
for the commission of a crime. examination of an individual’s person, house, papers or
effects, or other buildings and premises to discover
III. POLICE PATROL - Patrol has been described as the contraband or some evidence of guilt to be used in the
backbone of the police department. Theoretically, patrol prosecution of a criminal action
officers are the most valuable people in the organization.
SEARCH WARRANT
IV. CRIME DETECTION - Crime detection is the discovery of
the police that a crime had been committed. - an order in writing issued in the name of the People of the
Philippine, signed by a judge and directed to a peace
There are traditional ways that occurrence of crime is officer, commanding him to search for personal property
made known to the police: described therein, and bring it before the court
1. when the victim personally reports the crime to the police; - has a validity period of TEN (10) days
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- can be served only once within its validity period controlled precursor and essential chemical as provided in
RA 9165.
PERSONAL PROPERTY TO BE SEIZED - headed by Director General with the rank of
a. Subject of the offense; Undersecretary, appointed by the President.
b. Stolen or embezzled and other proceeds, fruits of the - The head of the PDEA is assisted by 2 deputies Director
offense; or General, with the rank of Assistant Secretary, 1 for
c. Use or intended to be used as the means of the Operations and 1 for Administration, also appointed by
commission of the offense. the President.

CIRCUMSTANCES OF WARRANTLESS SEARCH: OTHER LAW ENFORCEMENT AGENCIES

a. Warrantless search incidental to a lawful arrest under
Sec. 12, Rule 128 Rules of Court (in flagrante delicto ✓ Bureau of Fire Protection;
arrest) ✓ Bureau of Jail Management and Penology;
b. Seizure of evidence in plain view/plain view doctrine ✓ Bureau of Customs;
c. Search of a moving vehicle ✓ Bureau of Internal Revenue;
d. Consented warrantless search ✓ Bureau of Food and Drugs; and
e. Customs search ✓ Optical Media Board.
f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with SECOND PILLAR: PROSECUTION
identity and location of the offender and provides evidence
of his guilt in criminal proceedings. PROSECUTION is the course of action or process whereby
accusations are brought before a court of justice to determine
NATIONAL BUREAU OF INVESTIGATION (NBI) the innocence or guilt of he accused.

The National Bureau of Investigation had its inception the institution or continuance of a criminal suit involving
on 13 November 1936 upon the approval of Commonwealth the process of exhibiting formal charges against an offender
Act No. 181 by legislation. before a legal tribunal and pursuing final judgment on behalf of
It was the brainchild of the late President Manuel L the state or government;
Quezon and was first organized as a Division of Investigation
(DI) patterned after the United States Federal Bureau of PROSECUTION - party in a criminal proceeding who instituted
Investigation. the criminal action.

The Bureau assumes an increasingly significant role DEFENSE - party against whom the criminal action was
as a law enforcement agency, thus on 19 June 1947 and by instituted.
virtue of Republic Act No. 157 it was reorganized into the
Bureau of Investigation. In all criminal prosecutions, the real offended party is
the People of the Philippines, for a crime is an outrage against,
The law was later amended by Executive Order No. and its vindication is in favor of, the people in a sovereign state.
94 issued on 4 October 1947 renaming it into what it is presently Thus, all criminal cases are titled “People of the Philippines vs.
known as the National Bureau of Investigation. ____ (the name of the accused).

The NBI is a government entity that is civilian in WHO IS A PROSECUTOR?

character, and national in scope which is under the Department
of Justice. A Prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at his office
The National Bureau of Investigation is presently under the and perform other prosecution functions as provided by law.
Department of Justice performing the principal functions of
detecting, investigating, and prosecuting crimes towards the The PROSECUTION PILLAR takes care of evaluating
end of preventing criminality. Among the activities the NBI the evidences and formally charges the suspects before the
conducts are: court. It serves as the screening process on whether to file a
case based on evidences or dismiss the same.
1. to detect and investigate crimes; It determines what particular crime shall be formally
2. to investigate civil or administrative cases of interest to the filed and present the burden of proof against the suspected
government upon request; individual in the court.
3. to act as the national clearing house of criminal records BASIC LAW AFFECTING PROSECUTION
and other information;
PD 1275 issued on 11 April 1978 Reorganizing the
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) Prosecution Staff of the Department of Justice and the Offices
of the Provincial and City Fiscals, Regionalizing the Prosecution
- created by the virtue of Republic Act 9165. Service, and Creating the National Prosecution Service
- serves as the implementing arm of the Dangerous Drug
Board (DDB). PROSECUTION AGENCIES
- Responsible for the efficient and effective law enforcement
of all the provisions on any dangerous drug and/or 1. GOVERNMENT AGENCIES
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a. National Prosecution Service - To secure the innocent from open and public accusation of
b. Office of the Solicitor General (State Prosecutor) trial, from trouble expense and anxiety of a public trial.
c. Office of the Ombudsman - To protect the state from useless and expensive trials.
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal PERSONS AUTHORIZED TO CONDUCT PRELIMINARY
Prosecutors INVESTIGATION:
f. Public Attorney’s Office
a. Provincial or City Prosecutors and their assistants;
2. NON-GOVERNMENT PROSECUTING AGENCIES b. judges of the municipal trial courts and municipal circuit trial
a. IBP courts
b. CLAO c. National and Regional State Prosecutors; and
c. FLAG d. Other officers as may be authorized by law.
d. MABINI 1. Tanodbayan’s special prosecutors as authorized
e. Other legal-aid lawyer associations by the Ombudsman
PD 1275 - Reorganizing The Prosecution Staff Of The 2. COMELEC’s authorized legal officers in
Department Of Justice And The Offices Of The Provincial And connection with election offenses
City Fiscals, Regionalizing The Prosecution Service, And 3. special prosecutors appointed by the Secretary of
Creating The National Prosecution Service Justice
REPUBLIC ACT No. 10071 - An Act Strengthening and
Rationalized The National Prosecution Service Or The PROCEDURE FOR PRELIMINARY INVESTIGATION
"Prosecution Service Act Of 2010." See Section 3, Rule 112, Rules of Court
FUNCTIONS OF THE PROSECUTION AGENCIES (EFP)
COMPLAINT - is a sworn written statement charging a person
The prosecution service has the following general with an, offense, subscribed by the offended party, any peace
functions: officer or other public officer charged ,with the enforcement of
the law violated.
1. Evaluate the police findings referred to them, or other
complaints filed directly with them by individual persons ; INFORMATION - an accusation in writing charging a person
2. File Corresponding criminal complaints or information in with an offense, subscribed by the prosecutor and filed with the
the proper courts on the basis of their evaluation on the court.
proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of An AFFIDAVIT is a statement of facts under oath.
the people of the Philippines.
The SUMMON shall be directed to the defendants, signed
by the clerk of court under seal and contain (a) the name of the
PRELIMINARY INVESTIGATION court and the names of the parties to the action; (b) a direction
that the defendant answer within the time fixed by these Rules;
PRELIMINARY INVESTIGATION - is an inquiry or proceeding (c) a notice that unless the defendant so answers plaintiff will
to determine whether there is sufficient ground to engender a take judgment by default and may be granted the relief applied
well-founded belief that a crime has been committed and the for. (Sec. 2, Rule 14, Rules of Court)
respondent is probably guilty thereof and should be held for trial
(Sec. 112, Criminal Procedure, Rules of Court). A SUBPOENA is a process directed to a person requiring
him to attend and to testify at the hearing or the trial of an action,
It is required to be conducted before the filing of or at any investigation conducted under the law, or for the taking
the information for an offense where the penalty prescribed of his deposition (Section 1, Rule 23, Rules of Courts).
by law is at least 4 YRS, 2 MOS. AND 1 DAY.
- SUBPOENA AD TESTIFICANDUM – compelling the
Note: The need for Preliminary Investigation depends attendance of a person to testify
upon the imposable penalty for the crime charged in the - SUBPOENA DUCES TECUM – a witness is ordered to
complaint or information filed. produce document in court

The purpose of conducting preliminary investigation is INQUEST PROCEEDING

to establish probable cause.
PROBABLE CAUSE – such facts and circumstances that would INQUEST PROCEEDING is an inquiry made by the duty
lead a reasonably discreet and prudent man to believe that the prosecutor to determine the legality of the arrest made
person sought to be arrested has committed an offense. especially those arrests made without a warrant.

PROSECUTORIAL DISCRETION - is the prudent use of This process requires the prosecutors to resolve the
judgment being exercised by the investigating fiscal or complaint the police filed in a prescribed period which varies
prosecutor in determining the existence of probable cause depending on the gravity of the offense:
during preliminary investigation.
1. light penalties = 12 hours
PURPOSES OF PRELIMINARY INVESTIGATION 2. correctional penalties = 18 hours
3. afflictive penalties = 36 hours
- To protect the innocent against, hasty, oppressive and
malicious prosecution BAIL
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of the President are in accordance with the Constitution when
BAIL is defined as the security given for the release of the the matter is raised.
person in the custody of the law, furnished by him or the
bondsman, to guarantee his appearance before any court as NOTE: All courts have judicial power but only the Supreme
required under the conditions as specified. Court has the power of judicial review.
The purpose of bail is to secure the appearance of the
accused before the court when so required and to provide the JURISDICTION - It is the authority of the court to hear and try a
accused of his temporary liberty while waiting the processing particular offense and to impose the punishment provided by
and disposition of the case filed against him. law.

VENUE - Refers to the place, location or site where the case is

to be heard on its merits.
KINDS OF BAIL

1. Property bond; REQUISITES FOR A VALID EXERCISE OF CRIMINAL

2. Corporate Surety; JURISDICTION:
3. Cash Deposit;
4. Recognizance 1. The offense is one which the court is by law authorized to
take cognizance of
THIRD PILLAR: COURT 2. The offense must have been committed within its territorial
jurisdiction
COURT as the third pillar is said to be the centerpiece of the 3. The person charged with the offense must have been
criminal justice system and its primary and most important brought to its presence for trial, forcibly, by warrant of arrest
function as a component of the criminal justice system is to or upon his voluntary submission to the court.
decide whether the accused is guilty or not guilty of the
crime he is accused of committing. KINDS OF JURISDICTION

It is within the power of this pillar to end the process for the 1. GENERAL – when the court is empowered to decide all
accused or to proceed with the next pillar, which is correction. disputes which may come before it except those assigned
in other courts.
The Courts occupy the third pillar of the CJS. It is the most 2. LIMITED – when the court has the authority to hear and
sensitive phase of the criminal justice system where fair and determine only a few specified cases.
open trial is conducted. It is the forum where the prosecution is 3. ORIGINAL - when the court can try and hear a case
given the opportunity to prove that there is a strong evidence presented for the first time
of guilt against the accused. 4. APPELLATE – when the court can try a case already
heard and decided by a lower court, removed from the
It is the last citadel of hope for fair administration of justice. latter by appeal
5. EXCLUSIVE – when the court can try and decide a case
The JUDGE is a public officer so named in his commission which cannot be presented before any other court
(written evidence of appointment) and appointed to preside over 6. CONCURRENT – when any of two or more courts may
and to administer the law in a court of justice. take cognizance of a case.
7. CRIMINAL – that which exists for the punishment of crime
POWERS & FUNCTIONS OF THE COURTS UNDER THE 8. CIVIL – that which exists when the subject matter is not of
CONSTITUTION a criminal offense
(ART. VIII, SEC. 1)
THE PHILIPPINE JUDICIARY
The judicial power is vested in one Supreme Court
and in such lower courts as may be established by law. Judicial BATAS PAMBANSA BLG. 129 - otherwise known as the
power includes the duty of the courts to: Judiciary Reorganization Act of 1980 which defines the
organization, composition and jurisdiction of the courts.
✓ Settle actual controversies involving rights, which are
legally demandable and enforceable; I. REGULAR COURTS
✓ Determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of 1. SUPREME COURT (SC)
jurisdiction on the part of any branch or - The highest court of the land.
instrumentality of the Government. - Composed of a Chief Justice and 14 Associate
JUDICIAL POWER - is the power to apply the laws to contests Justices.
or disputes concerning legally recognized rights or duties of and - has appellate jurisdiction over cases decided by the
between the state and the private persons or between individual Court of Appeals and has the power of judicial review.
litigants in cases properly brought before the judicial tribunals. It - the court of last resort
is vested in one Supreme Court and in such lower courts as may
be established by law. 2. COURT OF APPEALS (CA)
- headed by a Presiding Justice and composed of
POWER OF JUDICIAL REVIEW - is the power of the Supreme sixty-eight (68) Associate Justices.
Court to determine whether laws passed by Congress and acts - has appellate jurisdiction over cases decided by the
Regional Trial Courts.
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- It reviews not only the decisions and orders of the National Internal Revenue Code, Tariff and Customs
Regional Trial Courts nationwide, but also those of the Code and the Local Government Assessment Code.
Court of Tax Appeals
3. SHARI’A COURTS
3. REGIONAL TRIAL COURTS (RTC) - created pursuant to Presidential Decree 1083,
- presided by a Regional Judge. otherwise known as the Code of Muslim Personal
- has general jurisdiction over criminal cases and has Laws of the Philippines.
jurisdiction over offenses punishable with - It has exclusive jurisdiction over cases that pertain to
imprisonment of six (6) years and one (1) day and over. family rights and duties as well as contractual relations
- has appellate jurisdiction over cases decided by the of Filipino Muslims. And decisions rendered by the
MTCC, MTC, MeTC and MCTC. Shari’a District Courts are final.

4. MUNICIPAL TRIAL COURTS/MUNICIPAL TRIAL III. QUASI JUDICIAL BODIES (ADMINISTRATIVE

COURTS IN CITIES/MUNICIPAL CIRCUIT TRIAL AGENCIES)
COURT/METROPOLITAN TRIAL COURT 1. National Labor Relations Commission
2. Commission on elections
✓ MUNICIPAL TRIAL COURTS (MTC) - every 3. Bureau of Internal Revenue
municipality in the Philippines has its own Municipal 4. Bureau of Customs
Trial Court and every MTC covers only one 5. Board of Transportation
municipality. 6. Commission on Audit
✓ MUNICIPAL TRIAL COURTS IN CITIES (MTCC) - 7. Energy Regulatory Board
These are the equivalent of the Municipal Trial Courts 8. Civil Service Commission
in cities outside Metropolitan Manila.
✓ MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) - A QUASI-JUDICIAL POWER - The power of the administrative
Municipal Circuit Trial Court is a municipal trial court agency to determine questions of fact to which the legislative
which covers two or more municipalities. policy is to apply, in accordance with the standards laid down by
✓ METROPOLITAN TRIAL COURTS (MeTC) - are the law itself.
Municipal Trial Courts in the cities in the Metropolitan
Manila Area as distinguished from the other political JUDICIAL AND BAR COUNCIL (JBC) - The Judicial and Bar
subdivisions in the Philippines. Council, or JBC, is a body created by the 1987 Philippine
Constitution under the supervision of the Supreme Court. It has
ORIGINAL JURISDICTION: the principal function of recommending appointees to the
Judiciary. All justices and judges are appointed by the President
a. all violations of city and municipal ordinances from a list of at least three (3) nominees prepared by the Judicial
b. all offenses punishable with imprisonment not and Bar Council.
exceeding six (6) years irrespective of the amount of
fine Members of the Judicial and Bar Council under the
(c) damage to property through criminal negligence. Constitution (Art. VIII Sec. 8[1]) :
✓ Chief Justice (ex officio Chairman)
II. SPECIAL COURTS ✓ Secretary of Justice
✓ A Representative of the Congress
1. SANDIGANBAYAN ✓ Representative of the IBP
- created under Presidential Decree No 1606. ✓ A professor of Law
- Its rank or level is equal to that of the Court of Appeals ✓ A retired member of the Supreme Court
and Court of Tax Appeals. ✓ A representative of the Private Sector
- It is composed of a Presiding Justice and fourteen (14)
Associate Justices. CRIMINAL PROCEEDINGS
- This special court is tasked to handle criminal cases
involving graft and corruption and other offenses A criminal proceeding consists of five main stages or parts:
committed by high- ranking public officers and
employees in connection with the performance of their 1. ARRAIGNMENT - the reading of the criminal complaint or
functions. information to the defendant, by the judge or clerk of court,
- It has original exclusive jurisdiction over public officers and the delivering to him a copy thereof, including a list of
accused of committing crimes in relation to their official witnesses, and asking him whether he pleads guilty or not
functions and whose salary grade is 27 and above. guilty as charged
PLEA is the response of the accused when asked whether he
2. COURT OF TAX APPEALS (CTA) is guilty or not guilty of the offense charged. It is of two kinds:
- created by Republic Act No 1125, as amended by 1. guilty plea, which must be unconditional; and
Republic Act No 9282. 2. not guilty.
- Its rank or level is equal to that of the Court of Appeals
and Sandiganbayan. 2. PRE-TRIAL
- It is composed of a Presiding Justice and five (5) - a conference called by the judge that requires the
Associate Justices. presence of both the prosecution and the accused
- It has both the original and appellate jurisdictions before the beginning of a trial
over civil and criminal tax cases involving the - mandatory in all criminal cases

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The following are to be taken up during the conference: - the elevation by an aggrieved party of any decision,
a. plea bargaining; order or award of a lower body to a higher body, by
b. stipulation of facts; means of a document which includes the assignment
c. marking for identification of evidence of the parties; of errors, memorandum of arguments in support
d. waiver of objections to admissibility of evidence; thereof, and the reliefs prayed for.
e. modification of the order of trial if the accused admits - an appeal must be within fifteen (15) days from
the charge but interposes a lawful defense; promulgation of judgment, the period for perfecting an
f. such other matters as will promote a fair and appeal.
expeditious trial of the criminal and civil aspects of the
case. EXTINCTION OF CRIMINAL LIABILITY (ART. 89, RPC)
DSA-PPP-M
PLEA BARGAINING - the process whereby the accused, the Total Extinction:
offended party and the prosecution work out a mutually 1. Death of the convict
satisfactory disposition of the case subject to court approval 2. Service of sentence
3. Amnesty
3. TRIAL - the examination before a competent tribunal, 4. Absolute pardon
according to the laws of the land, of the facts put in issue in 5. Prescription of crime
a case, for the purpose of determining such issue. It is the 6. Prescription of penalty
period for the introduction of evidence by both parties. 7. Marriage of the offended woman (in good faith)

ORDER OF TRIAL PRESCRIPTION OF CRIME is the forfeiture or loss of the right

of the State to prosecute the offender after the lapse of a certain
i. The Prosecution shall present evidence to prove the time fixed by law
charge
ii. The Accused may present evidence to prove his PRESCRIPTION OF PENALTY is the loss or forfeiture of the
defense right of the government to execute the final sentence after the
iii. The prosecution and defense may present rebuttal lapse of a certain time fixed by law.
and sur-rebuttal evidence, unless the Court, permits
them to present additional evidence Partial Extinction:
iv. Upon admission of evidence, the case is deemed 1. Conditional pardon
submitted for decision unless the Court directs them to 2. Commutation of sentence
argue orally or to submit written memoranda 3. Good conduct time allowance
4. Parole
4. JUDGMENT 5. Probation

- the adjudication by the court that the accused is guilty FOURTH PILLAR: CORRECTIONS
or not guilty of the offense charged and the imposition
of the proper penalty and civil liability CORRECTION is the fourth component of the criminal justice
- defined as the decision or sentence of the given by a system. It is the branch of administration of criminal justice
court as the result of proceedings instituted therein charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders. It also deals with
JUDGMENT OF CONVICTION - if the judge finds the accused punishment, treatment and incarceration of offenders.
guilty of the charges against him.
PENOLOGY - a branch of criminology which deals with the
JUDGMENT OF ACQUITTAL - if the judge finds the accused treatment, management and administration of inmates
not guilty of the charges against him.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS
PROMULGATION OF JUDGMENT - is an official proclamation R-A-D-I-R-R-R
or announcement of the decision of the court. The judgment is
promulgated by reading in the presence of the accused and 1. RETRIBUTION - imprisonment is supposed to be the
any judge of the court in which it was rendered. payment of the offender to the victim or the victim’s family
for the crime he committed against him or them
2. ATONEMENT – punishment is a form of group vengeance
WHEN A JUDGMENT BECOMES FINAL? 3. DETERRENCE - Imprisonment is supposed to discourage
PS-WP convicted offenders from committing crimes again because
of their experience in the prison or jail; at the same time,
1. when the period for perfecting appeal an appeal has imprisonment is supposed to discourage
lapsed; 4. ISOLATION / INCAPACITATION - Convicted offenders are
2. when the sentence is partially or totally satisfied or separated from society to prevent them from committing
served; another crime; At the same time, imprisonment protects
3. when the accused expressly waives in wilting his law-abiding citizens from the harm criminals may inflict on
right to appeal and them
4. when the accused applies for probation. 5. REFORMATION - this involves the use of punitive and
disciplinary measures such as solitary confinement to
5. APPEAL modify or reform criminal behavior whose conduct and

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deportment is not totally responding to rehabilitation - an attached agency of the Department of Justice
programs - principal task is for the rehabilitation of prisoners
6. REHABILITATION - based on the premise that through - maintains its offices at the New Bilibid Prison
correctional intervention, such as educational and Compound in Muntinlupa City
vocational training and psychotherapeutic programs, an - exercises over all control and supervision of all the
offender may be changed corrections/prisons facilities nationwide
7. REINTEGRATION - the effort of correction to change - has custody of prisoners sentenced to imprisonment of
criminal behavior should result in a situation and ability on more than three (3) years
the part of the penitent offender to return to society in some
productive and meaningful capacity in a free community. SEVEN (7) PRISONS AND PENAL FARMS IN THE
PHILIPPINES
PENALTY
1. SAN RAMON PRISON AND PENAL FARM
- the suffering that is inflicted by the State for the - was established in Southern Zamboanga on 21 August
transgression of the law 1869.
- refers to punishment imposed by a lawful authority - was established during the tenure of Governor General
upon a person who commits a deliberate or negligent Ramon Blanco, whose patrol saint the prison was
act. Penalty can take the form of imprisonment, named after.
payment of fines and damages, among others. - was established originally for persons convicted of
political crimes
JUSTIFICATION FOR PENALTIES - considered the oldest penal facility in the Philippines.
- 1,546 hectares, copra, rice, corn , coffee, cattle and
1. PREVENTION livestock
2. SELF-DEFENSE 2. IWAHIG PENAL COLONY
3. REFORMATION - established on 16 November 1904 in Puerto Princesa
4. EXEMPLARITY City, Palawan.
5. JUSTICE - originally served as a depository for prisoners who
could not be accommodated at the Old Bilibid Prison in
Manila
- classified as a penal institution in 1907 by virtue of Act
No 1723.
- four subcolonies; Sta Lucia, Inagawan, Montible and
JURIDICAL CONDITIONS OF PENALTY Central ; - privilege – families to live with the colonists

1. LEGAL - penalty must be imposed by the proper authority 3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
and by virtue of a judgment as prescribed by law. - created by virtue of Act No 3579 enacted on
2. DEFINITE - penalty must be specific and exact. November 1931.
3. COMMENSURATE - penalty must be proportional to the - located at Welfareville, Mandaluyong City
gravity or seriousness of the crime committed. - established to accommodate female prisoners
4. PERSONAL - penalty must be imposed only to the person - the female prisoners from the Old BIlibid Prison were
who actually committed the crime with no substitutes. transferred to CIW on 14 February 1931.
5. EQUAL - penalty must be applied to all who committed the
offense. 4. DAVAO PENAL COLONY
- the first penal settlement founded and organized under
PUNISHMENT - it is the redress that the state takes against the Filipino Administration
offender member of society - established in 21 January 1932 by virtue of Act No
3732
MITTIMUS - is a warrant issued by a court bearing its seal and - Located in the districts of Panabo and Tagum in Davao
the signature of the judge directing the jail or prison authorities del Norte.
to receive the convicted offender for service of sentence.
5. NEW BILIBID PRISON
COMMITMENT ORDER - is a written order of a court or
authority consigning a person to jail or prison for detention. - originally was located in Manila before it was
transferred to Muntinlupa City in 1935
TWO DIVISIONS OF CORRECTIONS - officially named the New Bilibid Prison on 22 January
1941
1. Institutional Corrections - has three security facilities/camps:
2. Non-Institutional Corrections a. maximum security
b. medium security
c. minimum security
INSTITUTIONAL CORRECTIONS
6. SABLAYAN PRISON AND PENAL FARM
INSTITUTIONAL CORRECTIONAL AGENCIES IN THE
PHILIPPINES - established on 26 September 1954 by virtue of
Presidential Proclamation No 72
I. BUREAU OF CORRECTIONS (BUCOR) - located in Occidental Mindoro
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- the facility where prisoners from the New Bilibid Prison - has custody over offenders who are in detention while
are brought for decongestion purposes undergoing investigation, undergoing trial and awaiting
judgment
7. LEYTE REGIONAL PRISON
- was established in 16 January 1973 by virtue of TYPES OF JAILS
Presidential Decree No 28 1. LOCK-UP - a security facility, common in police stations or
- situated in Abuyog, Southern Leyte precincts in urban areas (cities) for temporarily detaining
- admits convicted offenders from Region 6 and from the those persons being held for investigation or waiting
national penitentiary in Muntinlupa hearing of their criminal cases.
2. ORDINARY JAIL - the type of jail commonly found in every
II. Provincial Jails – jails for the safekeeping of prisoners at municipality or city; houses offenders awaiting court trial
the capital of each province. It shall be under the and those convicted offenders who are serving their
supervision and control of the provincial governors. sentence of imprisonment that does not exceed 3 years;
place where juvenile offenders and the mentally insane
III. Bureau of Jail Management and Penology (BJMP) – people are usually detained while their transfer to other
created by virtue of Republic Act 6975, exercises institutions are pending.
supervision and control over all district, city and municipal 3. WORK HOUSE, JAIL FARM OR CAMP - a facility that
jail nationwide. Formally established on January 2, 1991. houses minimum custody offenders who are serving short
sentences; inmates undergo constructive work programs;
DIFFERENCE BETWEEN TERMS provides full employment of prisoners, remedial services
and constructive leisure time activities.
DETENTION PRISONERS - those held for security reasons,
investigation, those awaiting or undergoing trial and awaiting FORMS OF PUNISHMENT
judgment
1. Death penalty – capital punishment
SENTENCED PRISONERS - those convicted by final judgment 2. Imprisonment
and are serving their sentence 3. Destierro
4. Fine or compensation
CLASSIFICATION OF PRISONERS 5. Civic duties

1. Detention Prisoners DURATION OF PENALTIES

a. Persons held for security reasons
b. Persons held for investigation 1. Reclusion Perpetua
c. Persons waiting for final judgment 2. Reclusion Temporal
d. Persons waiting for trial 3. Prision Mayor
4. Prision Correctional
2. Sentenced Prisoners – prisoners who convicted by 5. Arresto Mayor
judgment by competent court. 6. Arresto Menor
7. Bond to keep the peace or fine
a. Municipal Jail Prisoner – sentenced to serve a prison
term for 1 day to 6 months. THE DEATH PENALTY
b. City Jail Prisoner – sentenced to serve imprisonment
for 1 day to 3 years CAPITAL OFFENSE or HEINOUS CRIME is an act,
c. Provincial Jail – sentenced to 6 months one day which under the existing law at the time of its commission, may
to 3 years be punished by death (although a lower penalty than death may
d. National or insular Prisoners – Sentenced to 3 years be imposed after conviction). Death penalty was re-imposed as
1 day to Reclusion Perpetua or Life Imprisonment. a form of punishment for heinous crime by virtue of RA # 7959,
otherwise called the Death Penalty Law approved in January 2,
PRISON 1994. When RA # 8177 (The Lethal Injection Law) was enacted,
- derived from the Spanish word, “presidio” the execution of death penalty was changed from electrocution
- under the supervision of the national government to lethal injection.
through the Bureau of Corrections under the
Department of Justice NOTE: RA 9346 – ANTI DEATH PENALTY LAW
- has custody over convicted offenders whose sentence
is imprisonment of three years and one day and NON-INSTITUTIONAL CORRECTIONS
above
1. BOARD OF PARDONS AND PAROLE
JAIL - A functional unit under the Department of Justice.
- derived from the Spanish words, “jaula” and “caula” - grants parole and recommend to the President the
- under the supervision of the local government through grant of any form of executive clemency to deserving
either the Office of the Provincial Governor or Bureau prisoners or individuals
of Jail Management and Penology, both under the - reviews reports submitted by the Parole and Probation
Department of Interior and Local Government Administration and make necessary decisions
- has custody over convicted offenders whose sentence
is imprisonment of three years or less
2. PAROLE AND PROBATION ADMINISTRATION
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- an attached agency to the Department of Justice of a criminal offense to remain in the community instead of
- given the added function of supervising prisoners who, actually going to prison.
after serving part of their sentence in jails or prisons,
are released on parole with parole conditions - provided by Presidential Decree No 986, the Probation
- originally called Probation Administration and was Law of 1976
created by virtue of PD 968 of 1976 to administer the FIFTH PILLAR: COMMUNITY
probation system
- was renamed Parole and Probation Administration by COMMUNITY – represent the entire people cohesively
EO No 292 organized and mobilized in synchronized energy with the
government to help in the decision making and participatory
3. DEPARTMENT OF SOCIAL WELFARE AND criminal justice administration involvement to effectively address
DEVELOPMENT (DSWD) – renders services for Children the law and order concern of the society and its people
in Conflict with the Law (CICL) (RA 9344, Juvenile Justice
and Welfare Act of 2006, April 28, 2006). The Community also consists of the existing social
institutions such as the family, school, church, mass media, and
EXECUTIVE CLEMENCY - The collective term for absolute NGOs.
pardon, conditional pardon, reprieve and commutation of
sentence. KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE) -
refers to justice administered in the Barangay level or the
1. PARDON - is a form of executive clemency granted by the system of amicably settling disputes among families in
President as a privilege extended to convicts as a Barangay levels without judicial recourse.
discretionary act of grace
TWO (2) KINDS OF PARDON PD 1293 – the law “Creating a Katarungang Pambarangay
Commission to Study the Feasibility of Resolving Disputes at
a. ABSOLUTE PARDON - refers to the total extinction of the the Barangay Level”
criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the - promulgated on 27 January 1978
individual his civil rights and remits the penalty imposed for
the PD 1508 – the law “Establishing a System of Amicably Settling
b. CONDITIONAL PARDON - refers to an exemption of an Disputes at the Barangay Level”
individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has RA 7160 – otherwise known as the “Local Government Code of
committed resulting in the partial extinction of his criminal 1991”
liability - provides for the Revised Katarungang Pambarangay
Law
2. REPRIEVE - enacted on 10 October 1991
- The temporary stay of the execution of a sentence,
usually a death sentence LUPONG TAGAPAMAYAPA
- Another prerogative exercised by the president
- Generally, applied to death sentences already affirmed - It is a body of men created to settle disputes within the
by the Supreme Court barangay level. It is also referred to as the LUPON.
- The Lupon shall be composed of the Barangay Chairman
3. COMMUTATION OF SENTENCE as Chairman of the Lupon and the Barangay Secretary as
- an act of clemency by which a heavier or longer the Secretary of the Lupon, plus other members who shall
sentence is reduced to a lighter or shorter term be not less than ten (10) but not more than twenty (20).
- refers to the reduction of the duration of a prison - Any resident of the barangay of reputable character may
sentence be appointed as member of the Lupon. Members of the
- another prerogative of the President Lupon shall be appointed by the Barangay Chairman.
4. AMNESTY - The Lupon shall be constituted every three years.
- a special form of pardon exercised by the President - A Lupon member shall serve for a period of three years.
- a general pardon extended to a certain class of people - Essentially, the Lupon must provide a forum for matters
who are usually political offenders relevant to the amicable settlement of disputes for the
- needs the concurrence or approval of Congress speedy resolution of disputes.

PAROLE - a procedure by which prisoners are selected for

release on the basis of individual response and progress PANGKAT TAGAPAGKASUNDO
within the correctional institution and a service by which they are
provided with necessary control and guidance as they serve the - It shall act as the conciliation panel. It is also referred
remainder of their sentence within the community to as the PANGKAT.
- provided by Act No 4103, the Indeterminate Sentence - It shall be composed of three (3) members chosen from
Law, which took effect on 5 December 1933. the members of the Lupon. They shall choose from
among the three of them the Pangkat Chairman and
PROBATION - Is a disposition under which a defendant after Pangkat Secretary.
conviction and sentence, is released subject to conditions - The Pangkat shall be constituted whenever a dispute
imposed by the court and under the supervision of a probation is brought before the Lupon.
officer. It is a privilege granted by the court to a person convicted
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- The members of the Pangkat shall be chosen by the RA 9346 – Abolition of the Death Penalty
parties of the dispute from among the Lupon members.
In case of disagreement, the Barangay Chairman shall
draw lots.

MATTERS THAT FALL UNDER THE JURISDICTION OF THE

LUPON:

a. those involving offenses that are punishable by the

imprisonment of one year and below, or a fine in the amount
of five thousand pesos and below;
b. those involving parties that actually reside or work in the
same barangay;
c. those involving marital and family disputes;
d. those involving minor disputes between neighbors;
e. those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

- disputes between persons actually residing in the same

barangay shall be brought for amicable settlement before
the Lupon of said barangay;
- those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent actually resides;
- all disputes involving real property or any interest shall be
brought in the barangay where the real property or the
larger portion is situated;
- those arising at the workplace where the contending parties
are employed or at the institution where such parties are
enrolled for study shall be brought in the barangay where
such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT - Any individual

who has a cause of action against another individual involving
any matter within the authority of the Lupon may complain, orally
or in writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against

the respondent

RESPONDENT – the person who is being complained of

CAUSE OF ACTION – an act or omission of one party in

violation of the legal rights of another for which the latter suffers
damage which affords a party to a right to judicial intervention

MEDIATION OR CONCILIATION – the process whereby

disputants are persuaded by the Punong Barangay or Pangkat
to amicably settle their disputes.

PERTINENT LAWS

RA 6981 – Witness Protection Program

RA 7080 – Plunder Law
RA 7610 – Child Abuse Law
RA 7659 – Death Penalty Law
RA 8353 – Anti Rape Law
RA 9160 – Anti Money Laundering (RA 9194)
RA 9165 – Comprehensive Dangerous Drugs Act
RA 9208 – Anti-Trafficking Act
RA 9262 – Anti-Violence against Women and Children
RA 9283 – Intellectual Property
RA 9284 – Illegal Possession of FAs
RA 9285 - Alternative Dispute Resolution
RA 9344 – Comprehensive Juvenile Justice System
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