CRIMINAL

JUSTICE SYSTEM
JONNALYN A OBSEQUIO, RCRIM
CRIMINAL JUSTICE
SYSTEM
• The system of practices and institutions
of the government directed at
upholding social control, deterring
and mitigating crime or sanctioning
those who violate laws with criminal
penalties and rehabilitation efforts.
• Is the machinery which society uses in
the prevention and control of crimes.
• In the Philippine setting, the criminal justice
system is composed of the five pillars: LAW
ENFORCEMENT, PROSECUTION, COURT,
CORRECTIONS and COMMUNITY.

• Each pillar performs its separate yet equally

important functions in the administration of
justice.

• The Philippine CJS was patterned after the

American CJS but the latter has only three
pillars namely LAW ENFORCEMENT, COURT
and CORRECTIONS
PHILOSOPHY BEHIND
THE CJS
• 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 Inquisitorial Approach – 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.
DIFFERENT NOMENCLATURES GIVEN
TO THE PERSON WHO IS BEING
PROCESSED UNDER THE CJS

• At the police stage, during investigation or

custodial interrogation SUSPECT.

• At the Prosecutors Office, during the

determination of probable cause during the
Preliminary Investigation, he/she is referred
to as the RESPONDENT.

• At the Trial of the case, ACCUSED.

CRIMINAL IN
RELATION TO CJS
• In the 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 referred or reported
to the police for investigation.
• In the Legal sense, a person may be considered a criminal
only upon undergoing the judicial process and upon
determination by the Court that he or she is guilty beyond
reasonable doubt.
• In the 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.
• Once the Court has determined that the
accused is guilty beyond reasonable doubt as
charge and the judgment has been rendered,
he/she is referred to as the Convict

• It is only upon undergoing all the process

when the person has fully served the
sentence when he/she can really be
considered as a Criminal
LAW ENFORCEMENT

• The police or law enforcement is

considered as the “initiator of action”
because it is the pillar tasked with the
arrest of law violators.

• This pillar performs its crime prevention,

investigation and apprehension of
offenders.
• The PNP “Philippine National Police” is
the leading police agency in the
country. However, there are other law
enforcement agencies in the country
that has its own mandate and
jurisdiction.

• Some of the most commonly known

law enforcement agencies are the NBI,
PDEA, BOC, BOI, BIR and the LTO
PROSECUTION

Refers to two things:

1. Prosecution as a legal process

and
2. Prosecution as a party in a
criminal proceeding
• As a process, it is defined as the
course of action or process
whereby accusations are brought
before a court of justice to
determine the innocence or guilt of
the accused.
• As a party in a criminal proceeding, it
refers to the party representing the
people of the Philippines, with the
victim or the offended party as the
complaining witness
• The role of the prosecution starts
with the receipt of the complaint
from the law enforcement pillar for
the conduct of preliminary
investigation, when applicable.

• The purpose is to establish probable

cause. This would determine whether
a case is worthy to be filed in court
or dismissed.
• The burden of the prosecution is to
prove beyond reasonable doubt
that the accused is guilty of the crime
he is alleged to have committed.
COURTS
• A court is an organ of the government
belonging to the judicial department whose
function is the application of the laws to
controversies brought before it and the
public for the administration of justice.

• The centerpiece of the criminal justice system

• The primary function of the court is
to try and decide cases filed before
it.

• It has the power to decide whether

the accused is guilty or not guilty of
the crime he is accused of
committing
CORRECTIONS
• It is the pillar whose primary objective is
to help convicted offenders to reform
and be rehabilitated to prepare him for
his eventual release to the community
“after service of his sentence”.
The Two (2) Divisions of Corrections

1. Institutional corrections – refers to

institutionalized form of
rehabilitation, such as prison and
jails.
2. Non Institutional corrections –
refers to the alternative forms of
corrections done outside of the
institutions for correction.
COMMUNITY

• Refers to the citizens of the country.

• The participation, cooperation and
support are necessary for the
achievement of the objectives of the CJS
THE FIRST PILLAR:
LAW ENFORCEMENT
• Also called as the “police pillar”,
this comprised of the different
law enforcement agencies in the
country.

THE FIRST PILLAR:

LAW ENFORCEMENT
The term police originated and evolved
through three (3) languages: Greek, Roman
and French

• Politeia – Greek word which means

government of the city.
• Politia – Roman word which means
condition of the state or government.
• Police – French word which was later
adopted by the English language.

EVOLUTION OF
POLICING
He was referred as the
“Father of Modern
Policing System” due
to his contributions in
the modernization of
the police force.

SIR ROBERT PEEL

Police Forces during the Spanish Period

• Carabineros Seguridad Publico – 1712,

known as mounted police, port, harbor
and border police.
• Guardrilleros – (Cuadrillo) are body of
rural police in each town. 5% of able-
bodied male inhabitants, serve in three
year duty.
• Guardia Civil – body of Filipino
policemen organized originally in each
of the provincial capital of luzon under
the command of the Alcalde.
• Kempetai – Japanese military police
that is in charge of maintaining peace
and order in Manila
PHILIPPINE NATIONAL
POLICE
• Organized pursuant to RA 6975, as
amended by RA 8551
• A law enforcement agency under the
DILG.
• Under administrative control and
operational supervision of the
National Police Commission.
• It is an organization that is national
in scope and civilian in character, as
provided by our Constitution
NATIONAL IN SCOPE
- means that the PNP is a nationwide
government organization whose
jurisdiction covers the entire breadth of the
Philippine archipelago.
- all uniformed and non-uniformed
personnel of the PNP are national
government employees.

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of
the military, although it retains some
military attributes such as discipline.
FUNCTIONS OF THE POLICE
• Law enforcement – the process of compelling
citizens to obey the law and in case a person is
caught in violation of the law, such person shall
be subjected to arrest and shall be processed
accordingly.
• Crime prevention –Eliminating the opportunity
to commit a crime by having police
omnipresence, police patrol.
• Crime investigation – detection and response to
crime incident.
• Crime apprehension – arresting violators of the
law.
• Arrest - taking of a person into custody in
order that he may be bound to answer for
the commission of an offense.
• Warrant of Arrest – an order in writing
issued in the name of the people of the
Philippines signed by a judge and directed
to a peace officer commanding him to take
a person into custody in order that he may
be bound to answer for the commission of
an offense.

• Can be made on any day and at any time

of the day and night.
• The head of the office to which the
warrant of arrest was delivered for
execution shall cause the warrant to
be executed within ten (10) days
from its receipt. Within ten (10) days
after the expiration period, the officer
to whom it was assigned for
execution shall make a report to
judge who issued the warrant. In case
of his failure to execute the warrant,
he shall state the reasons thereof
• Miranda Rights, Miranda Doctrine
or Miranda Warning – originated
from a landmark case in United States
called Miranda vs. Arizona.
THE NEW MIRANDA
DOCTRINE
• Written by: PNP Public Information Office
dated February 08, 2012 10:01

“You have the right to remain silent. Any

statement you make may be used against
you in a court of law in the Philippines. You
have the right to have a competent and
independent counsel preferably of your own
choice. If you cannot afford the services of a
counsel, the government will provide you
one. Do you understand these rights?”
• Warrantless Arrest – Is made
without a warrant of arrest and it
can be done by the police or any
private person sometimes
referred to as “citizen’s arrest”
three (3) circumstances when
• In flagrante delicto
• Hot pursuit
• Fugitive from justice
• Search & Seizure – refers to the
legal act of searching for a personal
property and taking custody of such
property for the purpose of bringing
it to the court.
• Search Warrant – is an order in
writing issued in the name of the
People of the Philippines, signed by
the judge and directed to peace
officer, commanding him to search
personal property describe therein,
and bring it before the court.
Warrantless Search and Seizure – it
can only be made only under certain
conditions.

• Where there is consent or waiver

• Where search or incidental to lawful
arrest
• Plainview exception
• Checkpoint searches
THE SECOND PILLAR:
PROSECUTION
• PROSECUTION – is the course of
action or process whereby
accusations are brought before a
court of justice to determine the
innocence or guilt of the accused.

• Considered as the heart of the entire

process

THE SECOND PILLAR:

PROSECUTION
• Prosecution – the party in a criminal
proceeding who instituted the
criminal action.
• Defense – the party against whom
criminal action was instituted.

TWO PARTIES INVOLVED IN A

CRIMINAL PROCEEDINGS
• The Prosecutor – is the officer of
the government whose function
is the prosecution of criminal
actions. He is also referred to as
the public prosecutor or fiscal
The National Prosecution Service
Under the Department of Justice, The
NPS was created by virtue of PD 1275
enacted on April 11, 1978

Its primary task is to investigate and

prosecute all criminal offenses defined
and penalized under the Revised Penal
Code and other special laws.

RA 10071 strengthen the NPS. This law

renamed the head of the NPS from Chief
State Prosecutor to Prosecutor General.
• Public Attorney’s Office (PAO) –
provided by the DOJ free legal
assistance to indigents and poor
litigants in criminal, civil and
labor cases.
• Re-organized pursuant to RA
9406, headed by chief of public
attorney.
• Conduct preliminary investigation
• Conduct inquest proceedings
• Represent the government in all
criminal actions

POWERS AND FUNCTIONS

OF THE PROSECUTION
Preliminary Investigation – is
required to be conducted before the filing of
the information for an offense where the
penalty is atleast 4 years, 2 months and 1
day.

• The purpose is to establish the probable

cause,

• Probable cause refers to the existence of

such facts and circumstances as would
excite a belief in a reasonable mind.
Inquest Procedure –is an inquiry made
by the duty prosecutor to determine the
legality of the arrest made especially those
arrests made without a warrant.

• This process requires the prosecutors to

resolve the complaint the police filed in a
prescribed period which varies depending on
the gravity of offense. (12, 18 and 36 rule)

• If the inquest prosecutor fails to complete

the proceedings in the prescribed period,
then the arrested person must be released.
(violation of Art 125 Delay in the delivery of
detained persons to the proper judicial
authorities)
Difference between a complaint and
an information
• Complaint – is a sworn written statement
charging a person with an offense
subscribed by the offended party, any peace
officer or other public officer charged with
the enforcement of the law violated.
• May be file filed either in court or with the
prosecutor.

• Information – is an accusation in writing

charging a person with an offense,
subscribed by the prosecutor and filed with
the court.
• Bail – is defined as the security given
for the release of the person in the
custody of the law, furnished by him
or the bondsmen, to guarantee his
appearance before any court as
required under the conditions
specified.

• The purpose of bail is to secure the

appearance of the accused before the
court.
• Surety, Property, Recognizance and
Cash
• Subpoena – is a process directed to a
person requiring him to attend and to
testify at the hearing or the trial of an
action, or at any investigation conducted
under the law, or for the taking of his
disposition (Sec 1, Rule 23, Rules of Court).
Two (2) kinds of Subpoena
• Duces Tecum –require him and bring with
him papers, books (physical evidence)
• Ad Testificandum – requiring him to
testify
• Summons - a legal document
issued by a court or administrative
agency of government authoritatively
or urgently call on someone to be
present.

• Summons – singular, referring to

court
• Summonses – plural, referring to
court
THIRD PILLAR: COURT
COURT – Centerpiece of the Criminal
Justice System.

• Has the authority to decide whether

the accused is guilty or not guilty of
the crime he is accused of
committing it.

THIRD PILLAR:
COURT
• Judicial Department or the Judiciary is
that branch of the government which is
vested with judicial power.

• Judicial Power is the power to apply laws

to contests or disputes concerning legally
recognized rights or duties of an between
the state and the private personnel.

• Judicial Review is vested with the

Supreme Court. This is the authority to
determine whether laws passed by
congress and acts of the president are in
accord with the constitution.
• Judge – is a public officer who by
virtue of his office is clothed with
judicial authority.

• A public officer who presides over

court proceedings and hear and
decide cases in a court of law either
alone or as part of a panel of judges.
• Venue – refers to the place where the
case shall be brought and tried.

• Jurisdiction – is the power and

authority of a court to hear, try and
decide cases.
Kinds of Jurisdiction
• General Jurisdiction – empowered to
decide all disputes cases which may
come before it.
Ex. Regional Trial Court
• Limited Jurisdiction – authority to hear
and determine only a few specified
cases.
Ex. Shari’a courts
• Original Jurisdiction – try and hear a
case presented to it for the first time.
Ex. CA do not have original jurisdiction as
the name implies, its function is to review
cases on appeal
• Appellate Jurisdiction – try a case
already heard and decided by a lower
court, remove from the latter by
appeal. Ex. Court of Appeals
• Exclusive Jurisdiction – try and
decide a case which cannot be
presented before any court.
Ex. SANDIGAN BAYAN for SG27 Public
Officials
• Concurrent jurisdiction – if any of
two or more courts may take
cognizance of a case.
Example: RTC, CA, SC
CLASSIFICATION OF
PHILIPPINE COURT
SYSTEM
• In the Philippine court system,
courts are classified either regular
or special.

• However collegiate courts is used

to refer to the Supreme Court, CA,
Court of Tax Appeals and
SANDIGAN BAYAN
SUPREME COURT (SC)
REGULAR COURTS
• Highest court of the land
• Composed of a Chief Justice and 14
Associate Justices
• All members are appointed by the President
• Recommended by the Judicial and Bar
Council (JBC)
• Serve until the age of 70, unless removed by
impeachment or became incapacitated to
discharge the duties of their office
• Has an appellate jurisdiction over cases
decided by the Court of Appeals
• Has a power of judicial review
• Final arbiter of any and all judicial issues
which is why it is considered the “court of last
resort” since no more appeals can be made
from a judgment or decision on the merits
rendered by it
• Decisions of SC are considered as part of the
laws of the land ( jurisprudence)
• Justices may sit en banc (one body) or in
divisions of 3, 5 or 7.
• Exercises administrative supervision over all
courts in the Philippines and has the power
to discipline judges of the lower courts
QUALIFICATIONS OF
SC JUSTICE
• A natural-born Filipino citizen;
• He must be at least 40 years of age; and
• He must have been engaged in the practice
of law in the Philippines for 15 years or more.
COURT OF APPEALS
(CA)
• The Court of Appeals En Banc is composed of
the Presiding Justice and sixty-eight (68)
Associate Justices.
• All appointed by the President
• Sit by division and each division is composed of
3 members.
• The Office of the Presiding Justice implements
policies, executes the resolutions and enforces
the orders of the Court of Appeals En Banc.
• It performs the functions specifically vested upon
him by the law, rules and regulations or those
implied therefrom and perform all other
functions and duties inherent in his position.
• The offices of the Associate Justices assist the Presiding
Justice in his adjudicative and administrative functions.
• Has an appellate jurisdiction over cases decided by the
RTC.
• Reviews not only decisions and orders of the RTC
nationwide, but also those of the CTA, as well as the
awards, judgments, final orders or resolutions of, or
authorized by 21 quasi-judicial agencies exercising quasi-
judicial functions mentioned in Rule 43 of the Rules of
Civil Procedure, plus the National Amnesty Commission
and Office of the Ombudsman, and decisions and
resolutions of the National Labor Relations Commission
(NLRC).
REGIONAL TRIAL
COURTS (RTC)
• Presided by a Regional Judge
• Formerly known as Court of First Instance (CFI)
• Second level court
• Established among the 13 regions consisting
Region 1-12 and the NCR
• General jurisdiction over criminal over criminal
cases and has jurisdiction over offenses
punishable with imprisonment of six years and
one day and over.
• It has an appellate jurisdiction over cases
decided by the MTCC, MTC, MeTC, and MCTC.
THE QUALIFICATIONS
FOR RTC JUDGES ARE
THE FOLLOWING:
• He must be a natural-born Filipino citizen;
• He must be at least 35 years of age; and
• He must have been engaged in the
practice of law in the Philippines for at
least 10 years, or has held a public office
in the Philippines requiring admission to
the practice of law as an indispensable
requisite.
• Metropolitan Trial Courts – has jurisdiction
over violation of city or municipal ordinances
and offenses punishable by imprisonment not
exceeding six (6) years.

• Municipal Trial Court – has jurisdiction over

violation of city or municipal ordinances and
offenses punishable by imprisonment not
exceeding six (6) years.

• Municipal Circuit Trial Court – has

jurisdiction over violation of city or municipal
ordinances and offenses punishable by
imprisonment not exceeding six years.
SPECIAL COURTS
Court of Tax Appeals
• Created under RA No. 1125 as amended by
RA No. 9282
• It has a rank or level equal to that of the CA
and Sandiganbayan
• Composed of one (1) Presiding Justice and
eight (8) Associate Justices. The CTA may sit
en banc or in three (3) divisions with each
division consisting of three (3) Justices.
• The CTA, as one of the Courts comprising
the Philippine Judiciary, is under the
supervision of the Supreme Court.
• It has both the original and appellate
jurisdictions over civil and criminal tax cases
involving the National Internal Revenue
Code, Tariff and Customs Code and the Local
Government Assessment Code.
Sandiganbayan
• Created pursuant to PD 1606
• Composed of fifteen (15) Justices
• Tasked to handle criminal cases
involving graft and corruption and
other offenses committed by high-
ranking public officers and
employees in connection with the
performance of their functions.
Shari’a Court
• Created pursuant to PD 1083
otherwise known as the “Code of
Muslim Personal Laws of the
Philippines”
• Created as part of the judicial
system
• Courts of limited jurisdiction known
as the Sharia District Court are
presided by District judges.
• Sharia Circuit Trial Courts are
presided by circuit judges
JUDICIAL AND BAR
COUNCIL (JBC)
• Body created by the 1987 Constitution
• Under the supervision of SC
• It has the principal function of recommending appointees
to the judiciary
• All justices and judges are appointed by the President
from a list of at least 3 nominees prepared by the JBC
• Composed of 7 members: the Chief Justice as ex officio
chairman, the Secretary of Justice as ex officio member, a
representative of Congress as ex officio member, a
representative of the Integrated Bar of the Philippines, a
professor of law, a retired member of the Supreme Court
and a representative from the private sector.
• All the regular members are appointed by the president
Criminal Proceeding consists of
five (5) main stages or parts
• Arraignment
• Pre-trial
• Trial
• Judgment
• Appeal
Arraignment (Rule 116, Criminal
Procedure, Rules of Court)

• Where the accused is formally

informed of the charges against him
by reading before him the
information or criminal complaint and
asking him whether he pleads guilty
or not guilty as charged.
• Plea – response of the accused when
asked whether he is guilty or not guilty of
the offense charged.

• Presumption of Innocence – is a rule of

evidence that presumes that a person is
innocent of crime or wrong until the
contrary is proved.

• Plea of Guilty – is an admission of material

facts alleged in the information. It is
judicial confession of guilt and a mitigating
circumstance. It is equivalent to a
conviction.
Pre-Trial (Rule 118, Criminal
Procedures, Rules of Court
• Is a conference called by the judge that
requires the presence of both the
prosecution and the accused before the
beginning of the trial.
• Mandatory in all criminal cases.
• Simplify the issues, identify and mark the
testimonial and documentary evidence of
the parties.
• Generally prepare for trial.
Trial ( Rule 119, Criminal Procedure,
Rules of Court)
• Is the examination before a competent
tribunal, according to the laws of the land,
of the facts put in issue in a case, for the
purpose of determining such issue.
• It is the period for the introduction of
evidence by both parties.
• Shall commence within 30 days from
receipt of the pre-trial order
• The trial court has 180 days from first
day of trial to terminate the case.
ORDER OF TRIAL

A. The prosecution shall present

evidence to prove the charge and, in
the proper case, the civil liability.
B. The accused may present evidence to
prove his defense, and damages, if
any, arising from the issuance of a
provisional remedy in the case.
ORDER OF TRIAL

C. The prosecution and the defense may,

in that order, present rebuttal and sur-
rebuttal evidence unless the court, in
furtherance of justice, permits them to
present additional evidence bearing
upon the main issue.
D. Upon admission of the evidence of the
parties, the case shall be deemed
submitted for decision unless the court
directs them to argue orally or to
submit written memoranda.
ORDER OF TRIAL
E. When the accused admits the act or
omission charged in the complaint or
information but interposes a lawful defense,
the order of trial may be modified. (3a)
The (2) Two parties in criminal proceeding:

• Prosecution
• Defense

• Burden of Proof – refers to the duty of

the prosecution to prove its accusations
against the accused.
• Prosecutor – the lawyer of the
prosecution.
• Defense – the accused is represented by a
lawyer.
Judgment (Rule 120, Criminal Procedure,
Rules of Court)

• Is the adjudication by the court that the

accused is guilty or not guilty of the
offense charge and the proper imposition
of the proper penalty and civil liability, if
any.

Contents of Judgment
• Judgment of Conviction
• Judgment of Acquittal
• Promulgation of Judgment – is an
official proclamation or
announcement of the decision of the
court.
• The period perfecting an appeal is
fifteen (15) days from the time of the
promulgation.
• Decision - the judgment rendered by
a court of justice or other competent
tribunals.
FINALITY OF
JUDGMENT
After the lapse of the period for perfecting an
appeal;

When the sentence has been partially or totally

satisfied or served;

When the accused has expressly waived in writing

his right to appeal; or

When the accused applies for probation.

Appeal (Rule 122, Criminal
Procedure, Rules of Court)
• Is the elevation by an aggrieved party of any
decision, order or award of a lower body to a
higher body, by means of document which
includes the assignment of error,
memorandum of arguments in support
thereof, and the reliefs prayed for.

• A party may appeal the decision of the court

and it must be within fifteen (15) days from
promulgation of judgment, the period for
perfecting an appeal.
FOURTH PILLAR:
CORRECTIONS
• CORRECTION – is the branch of
administrative administration of
criminal justice charged with the
responsibility for the custody,
supervision and rehabilitation of
convicted offenders.

• Composed of Institutional and Non-

Institutional Correctional.
FOURTH PILLAR:
CORRECTIONS
PENOLOGY
is defined as a branch of criminology which
deals with the treatment, management and
administration of inmates.
Punishment

• It is the infliction of some sort of

pain on the offender violating the
law.
• It is the redress that the state takes
against an offending member.
• It means of social control.
Humanitarian from England who is
largely considered to be the father of
prison reform.

JOHN HOWARD
• Criminal liability- refers to the
penalty of imprisonment.

• Civil liability – refers to the

obligation to pay fines and damages.

CRIMINAL AND CIVIL

LIABILITY
PURPOSES/OBJECTIVES
OF MODERN
CORRECTIONS
1.Retribution – (act of taking revenge)
Imprisonment is supposed to be the
payment of the offender to the victim
or the victim’s family for the crime he
committed against him or them.
2. Deterrence – act or process of
discouraging actions or preventing
occurrences by instilling fear or doubt
or anxiety. Imprisonment is supposed to
discourage convicted offenders from
committing crimes again because of
their experience in the prison or jail.
3. Isolation – Through imprisonment,
convicted offenders are separated from
society to prevent them from
committing another crime.
4. Reformation – This involves the use
of punitive and disciplinary measures,
such as solitary confinement to modify
or reform criminal behavior whose
conduct is not totally responding to
rehabilitation programs.
5. Rehabilitation – restoration of
someone to a useful place in society.
This is done through educational,
vocational and skills training and
other programs that would help
restore the convicted offender into a
productive, law-abiding citizen.
6. Reintegration – The efforts of
correction to change criminal behavior
should result in a situation and ability
on the part of the penitent offender to
return to society in some productive
and meaningful capacity in a free
community.
JURIDICAL CONDITIONS OF
PENALTY
1. JUDICIAL AND LEGAL – penalty must be imposed
by the proper authority and by virtue of a judgment
as prescribed by law
2. DEFINITE – penalty must be specific and exact
3. COMMENSURATE – penalty must be proportional
to the gravity or seriousness of the crime
committed
4. PERSONAL – penalty must be imposed only to the
person who actually committed the crime with no
substitutes
5. EQUAL – penalty must be applied to all who
committed the offense
THE TWO SYSTEM BASED
APPROACH IN THE
PHILIPPINES
• Institutional Corrections – refers to the
institutionalized form of rehabilitation,
such as prisons and jails.
• Non-institutional Corrections – also
called as community-based corrections,
refers to the alternative forms of
corrections done outside of the institutions
for corrections.
INSTITUTIONAL CORRECTIONS

• Institutional Corrections – refer to

the institutionalized form of
rehabilitation, such as prisons and
jails.

• BUCOR
• BJMP
• Provincial Jails
• Bureau of Corrections (BUCOR) –
attached agency to the Department of
Justice. It provides full custody and
rehabilitation programs for the
transformation of insular prisoners,
those sentenced more than three (3)
years to life imprisonment.
THE SEVEN OPERATING
UNITS OF THE BUREAU OF
CORRECTIONS
San Ramon Prison & Penal
Farm
• Established on August 21, 1869
• Zamboanga City
• Established during the tenure of
Governor General Ramon Blanco
• Re-established in 1907
• January 1, 1915, place under the
auspices of the Bureau of Prisons
• Established for the confinement of
Muslim and political offenders.
• Oldest operational correctional
facility in the country
• Products: Rice, Corn, Coffee, Cattle
and live stocks
Iwahig Prison and Penal Farm
• Old name Iuhit penal settlement
established on 1904
• Puerto Princesa , Palawan
• Sub-divided into four zones or
districts: Central, Sta.Lucia, Montible
and Inagawan.
• Considered as a prison without
walls
• Farming, Fishing, Forestry,
Carpentry, and Hospital Paramedical
work.
Correctional Institution for Women
• Its old name, “Women’s Prisons”
• The Philippine legislature passed
Republic Act No. 3579 in November
27 1929.
• It authorized the transfer of all
women inmates to a building in a
Welfareville at Mandaluyong.
Davao Prison and Penal Farm
• Built on January 21, 1932.
• Created by Act No. 732
• Located at Panado, Davao Del
Norte
• Has partnership with the Tagum
Agricultural Development Co.
(Tadeco).
n

New Bilibid Prison

• It is one of the main stations for
male offenders from different parts
of the Philippines.
• located at Muntinlupa, Manila
• Camp Sampaguita
• Camp Bukang liwayway
Sablayan Prison & Penal Farm
• Situated in Occidental Mindoro,
Philippines
• Under Presidential Proclamation no.
72, it was established on September
26, 1954.
Leyte Regional Prison
• Situated in Abuyog, Southern Leyte.
• Followed suit under Proclamation
No. 1101 issued on January 16,
1973.
Bureau of Jail Management and
Penology (BJMP)
• Created by the virtue of RA
6975 of all city and charge
of all city and municipal
jails nationwide

• An agency under the DILG

Provincial Jails

• Safekeeping of prisoners at the

capital of each province.
• Under the supervision and control
of the provincial governor
Distinction between Prison & Jail

Prison - Prison was derived from the Spanish word,

presidio.
• Under the supervision of the national
government through BUCOR under DOJ.
• It has custody over convicted offenders whose
sentence is imprisonment of three years and
one day and above.

Jail - Derived from the Spanish words, jaula and caula.

• Under the supervision of local government (Provincial
Jails or BJMP)
• It has custody over convicted offenders whose
sentence is imprisonment of three years or less.
• Custody over offenders who are in detention while
undergoing investigation, undergoing trial and
awaiting judgment.
• PRISONER – refer to convicted offenders
currently serving their sentence in a
correctional facility or detainees awaiting
the disposition of their cases.
CLASSIFICATION OF
PRISONERS
ACCORDING TO
SENTENCE/PLACE OF
CONFINEMENT:
a. national/insular prisoner – one who is
sentenced to serve a prison term of THREE
YEARS AND ONE DAY TO LIFE
b. provincial prisoner – one who is sentenced to
serve a prison term of SIX MONTHS AND ONE
DAY TO THREE YEARS
c. city prisoner – one who is sentenced to serve a
prison term of ONE DAY TO THREE YEARS
d. municipal prisoner – one who is sentenced to
serve a prison term of ONE DAY TO SIX
MONTHS
ACCORDING TO FINE:
a. national or insular prisoner – one who is
sentenced to serve a prison term of three years and
one day to life or whose fine is more than 6
THOUSAND PESOS OF BOTH
b. city/provincial prisoner – one who is sentenced to
serve a prison term of six months and one day to
three years or whose fine is LESS THAN 6
THOUSAND PESOS BUT MORE THAN 200 PESOS
OR BOTH
c. municipal prisoner – one who is sentenced to
serve a prison term of one day to six months or
whose fine is NOT MORE THAN 200 PESOS OR
BOTH
ACCORDING TO
STATUS:
a. detention prisoner – those held for
security reasons, investigation, those
awaiting or undergoing trial and awaiting
judgment
b. sentenced prisoner – those convicted by
final judgment and are serving their
sentence
ACCORDING TO THE
COLOR OF UNIFORM:
a. orange/tangerine – maximum security
prisoner (BuCor)
b. blue – medium security prisoner (BuCor)
c. brown – minimum security prisoner (BuCor)
d. yellow – BJMP sentenced and detained
prisoner
NON – INSTITUTIONAL
CORRECTIONS

• Also called community based

corrections, refer to the alternative
forms of corrections done outside of
the institutions for corrections.
Board of Pardons and Parole
• Attached to the DOJ
• Grants parole
• Recommend to the president the
grant of any form of executive
clemency
• Reviews reports submitted by PPA
and make necessary decisions.
Parole and Probation
Administration (PPA)
• Attached to the DOJ
• Originally called as Parole Administration
• Created by virtue of PD 968 of 1976 to
administer probation system
• It was renamed PPA by EO No. 292
• Supervising prisoners who, after serving
part of their sentence in jails or prisons,
are released on parole with parole
conditions.
Executive Clemency Is a collective
term for absolute pardon, conditional
pardon, reprieve and commutation of
sentence.

• Given by the Chief Executive

• Pardon – is an act of grace,
proceeding from the power entrusted
with the execution of the laws, which
exempts the individual on whom it is
bestowed from the punishment which
the law inflicts for a crime he has
committed.

• It can either be absolute or

conditional pardon.
• Parole – is a procedure by which
prisoners are selected for release on
the basis of individual response and
progress

• Continuous service of the remainder

of their sentence within the
community.
• Probation – disposition under which
defendant, after conviction and
sentence, is release subject to
conditions imposed by the court and
to the supervision of a probation
officer.

• It is provided by Presidential Decree

No. 986, the Probation Law of 1976.

• For offenders with a sentence not

more than six years
FIFTH PILLAR:
COMMUNITY
• The most important method in dealing
with crime is “preventing it” by
ameliorating the condition of life that drive
people to commit crime

• The fifth and last pillar, Community refers

to the populace which the government
assumes that is a dynamic, responsible
and reliable partners in dealing with the
crime prevention and investigation
Katarungang Pambarangay
• Known as village justice
• The system denotes and implements the
amicable settlement of disputes at the barangay
level before resorting to filing of cases in court.

Brief History of Katarungang Barangay

(Village Justice)
• PD 1293 - the law creating a Katarungang
Pambarangay commission to study the feasibility of
resolving disputes at the barangay level. Promulgated
on 27, January 1978.
• PD 1508 – the law establishing a system of
amicably settling disputes at the Barangay
level.

• RA 7160 – otherwise known as the Local

Government Code of 1991.
• Provides for the Revised Katarungang
Pambarangay Law
• Enacted on October 10, 1991.
• Lupong Tagapamayapa - refers to the
body at men created to settle disputes
within the lupon level. It is also referred to
as the lupon.

• Lupon is composed of:

• Barangay Chairman
• Barangay Secretary
• Other members who shall be not less
than ten (10) but not more than twenty
(20).
• Serves for three (3) years.
• Pangkat Tagapagkasundo – The
conciliation panel

• 3 members chosen from the members of

the lupon
• Constituted whenever a dispute is brought
before the lupon
• Has jurisdiction over offenses that are
punishable by one year and below or a
fine of five thousand pesos and below
• Parties that actually resides or work in the
same barangay
• Marital or family disputes
MATTERS THAT FALL UNDER THE
JURISDICTION OF THE LUPON

• 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;
• those involving parties that actually
reside or work in the same barangay;
• those involving marital and family
disputes;
• those involving minor disputes
between neighbors;
• 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 within the authority of the
Lupon may complain, ORALLY or in
WRITING to the Lupon.
• The COMPLAINANT and the
RESPONDENT.
• CAUSE OF ACTION refers to 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.
• The CHAIRMAN shall meet with the R & C and
mediate. If he fails in his mediation within 15
days, he shall set a date for the constitution of
the PANGKAT.
• MEDIATION or CONCILIATION is the process
whereby disputants are persuaded by the
Punong Barangay or Pangkat to amicably settle
their disputes.
• The pangkat shall meet NOT LATER THAN 3
DAYS AFTER THEIR CONSTITUTION, on the
date set by the Chairman, to hear both
parties.
• The Pangkat shall arrive at a settlement of
the dispute within 15 DAYS FROM ITS
MEETING. This period may be extended for
another 15 days, at the discretion of the
Pangkat.
• All amicable settlement shall be in WRITING.