Court: The Center Pillar

Definition of Terms

1. Court
a. It is a tribunal officially assembled under authority of law at the appropriate time and place for the administration
of justice thru which the government enforces its sovereign rights and powers
b. body to which the public administration of justice is delegated
2. Judge
- a public officer so named in his commission (written evidence of appointment) and appointed to preside over
and to administer the law in a court of justice
3. Judicial power
- the power to apply the laws of the land to contests or disputes concerning legally recognized rights or duties
between the government and private persons; individual parties/litigants in cases brought before the courts
4. Judicial Independence
- the freedom of the court to settle legal controversies or disputes “with an impartial eye and an even hand”, and
bowing to no one except the law. It is the freedom of the judges to perform their functions without interferences from the
executive or legislative branch of the government
5. Power of Judicial Review
- the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any
legislative or executive act invalid because it is in conflict with the fundamental law
6. Jurisdiction
- the power and authority of a court to hear, try, and decide a case. Jurisdiction of the court maybe general,
limited, original, appellate, exclusive, concurrent, criminal, and civil
a. To try or hear - means to receive evidence from the parties
b. To decide or determine - means to resolve the dispute by applying the law to the facts
7. Venue
- refers to the place where a case should be heard, tried, and decided
8. Decision
- the judgment rendered by a court of justice or other competent tribunal after the presentation of the respective
positions of the parties in ordinary or criminal cases or upon a stipulation of facts upon which the disposition of the case is
based

Function of the Court

1. Keeping peace
2. Deciding controversies
3. Administrative role
Judicial Procedure
Pre-Spanish Philippines
Early Judicial Procedure
Description
all trials of criminal and civil cases in pre-Spanish Philippines were in public.
litigants in the case pleaded their own case.
litigants presented their witnesses

Trial by ordeal believe that the gods protested the innocent and punished the guilty
the ordeal the goods revealed divine truth to the people
accused person who was innocent was believed to be always successful in the ordeal
because the gods would make him win.

Types of Court Jurisdiction

1. General Jurisdiction – when the court is empowered to decide all disputes that may come before it
except those assigned to other courts
2. Limited Jurisdiction – when the court has authority to hear and determine only a few specified cases
3. Original Jurisdiction – when it can try and decide a case presented for the first time
4. Appellate Jurisdiction – when it can try a case already hear and decided at the lower court removed
from the latter by appeal
5. Exclusive Jurisdiction – when it can try and decide a case that cannot be presented to any other court
6. Concurrent Jurisdiction – when any of two or more courts may take cognizance of a case
7. Criminal Jurisdiction – jurisdiction to try a case where there is punishment or penalty provided by the
law
8. Civil Jurisdiction – jurisdiction that exists when the subject matter is not of criminal nature

Organization of Courts
1. Regular Courts
a. MeTCs, MTCs, and MCTCS
1. exclusive jurisdiction over all violations of city or municipal ordinances committed within their respective
territorial jurisdiction. (As amended by RA 7961)
2. exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding 6 years
irrespective of the amount of fine
 3. territorial jurisdiction in the city, municipality or circuit where the judge thereof is appointed or designated
b. Regional Trial Courts - there are 720 Regional Trial Court Judge
1. exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or
body
2. appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts in their respective territorial jurisdictions
3. territorial jurisdiction within the area defined by the Supreme Court as the territory over which the particular
branch concerned exercises its authority, in accordance of Section 18 of BP 129
c. Court of Appeals - composed of 1 Presiding Appellate Justice and 49 Associate Appellate Justices who are
appointed by the President. The CA operates as one body for the purpose of exercising the following functions:
• administrative
• ceremonial
• other non-adjudicatory functions
a. original jurisdiction to issue writs of mandamus, prohibition, habeas corpus, and quo warranto, and an auxiliary
writs or processes, whether or not in aid of its appellate jurisdiction
b. exclusive original jurisdiction over actions for annulment of judgments of RTCs
c. exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of RTCs and
quasi-judicial agencies, instrumentalities, boards or commissions, including the Securities and Exchange
Commission and the CSC, except those falling within the appellate jurisdiction of the SC in accordance with the
constitution, the Labor Code of the Philippines (PD442 as amended), and the provisions of BP 129
d. Supreme Court - composed of one Chief Justice and 14 Associate Justices who are appointed by the President
1. Exercise original jurisdiction over case of affecting ambassadors, other public ministers and
consuls
2. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court
3. Assign temporarily judges of lower courts to other stations as public interest may require
4. Order a change of venue (place of trial) to avoid miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrate bar, and
legal assistance to the underprivileged
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

2. Special Court
a. Court of Tax Appeals – review on appeal the decisions of the BIR involving revenue taxes and
decision of the Commissioner of Customs ( Republic Act No. 1125)
b. Sandiganbayan – it is special court which was established under PD 1606 (Tanod ng Bayan)
c. Shari’a Courts – equivalent to RTCs in rank, established in certain specified provinces in Mindanao
where code of Muslim Personal Laws of the Philippines is being enforced. (PD No. 1083)
1. exclusive jurisdiction on cases pertaining to family right and duties as well as contractual relations of
Filipino Muslim in the Mindanao

Composition of Philippine Courts

Corrections: Pillar for Reformation

Definition of Terms
1. Corrections
a. branch of Philippine Criminal Justice System concerned with the custody, supervision and rehabilitation of
criminal offenders
b. refers to the reorientation or re-instruction of the criminal offender in order to prevent him/her from repeating
his deviant or delinquent actions. In correcting the deviant behavior of the offender, the process does not
consider the necessity of taking punitive actions
2. Prison refer to a building or other place established for the purpose of taking safe custody or confinement of
criminals or others committed by lawful authority
3. Jail a facility purposely designed for detaining or confining persons who are awaiting trial and who are already
convicted but suffering short term of imprisonment.
4. Punishment the penalty imposed for the transgression of law. It refers to any ill suffered in consequence of
wrongdoing
5. Penalty refers to the consequences (such as suffering or loss) that follow the transgression of laws
6. Imprisonment refers to the state or condition of being constrained, restrained, or incarcerated in confined room
or building.

Historical Theories of Corrections

Theory Description
Classical Emphasis on crime not offender
Punishment: retributive & punitive; proportional to crime
Man has free will
Psychological hedonism
Punishment (pain) must exceed thought of committing crime (pleasure)
Punishment – All: regardless of age, mentality, social status & other personal circumstances

Neo Classical Essentially agrees with Classical School

Children & lunatics should not be punished: cannot calculate pleasure & pain

Positivist A.k.a. Italian School

Crime: social phenomenon
Criminal: sick person needing treatment not punishment
Proponents of parole, probation, juvenile court, experiments with youthful offenders, & other
measures

Goals of Punishment
Punishment Description
General Deterrence the state tries to convince  potential criminals that the punishment they face is certain,
swift, and severe so that they will be afraid to commit an offense

Specific Deterrence convincing offenders that the pains of punishment is greater than the benefits of crime
so they will not repeat their criminal offending

Incapacitation if dangerous criminals are kept behind bars, they will not be able to repeat their illegal
activities

Retribution punishment should be no more or less than the offenders actions deserve, it must be
based on how blameworthy the person is

Equity/Restitution convicted criminals must pay back their victims for their loss, the justice system  for the
costs of processing their case and society for any disruption they may have caused

Rehabilitation f the proper treatment is applied, an offender will present no further threat to society

Diversion criminals are diverted into a community correctional program for treatment to avoid
stigma of incarceration. The convicted offender might be asked to make payments to the
crime victim or participate in a community based program that features counseling

 Restorative Justice repairs injuries suffered by the victim and the community while insuring reintegration of
the offender. Turn the justice system into a healing process rather than a distributor of
retribution and revenge

Historical Development of Corrections

1. Code of Hammurabi (1760 B.C.) – oldest code prescribing savage punishment. Its core principle: Lex Taliones
– a.k.a. “an eye for an eye and a tooth for a tooth.”
2. Justinian Code – written by Emperor Justinian of Rome in 6th C.A.D.
 3. The Twelve Tables (XII Tabulae) – represented the earliest codification of Roman law incorporated into the
Justinian Code.
4. Code of Draco – a harsh code that provides the same punishment for both citizens and the slaves
5. Burgundian Code – specified punishment according to the social class of offenders.
6. Code of Kalantiao – promulgated in 1433 by Datu Kalantiao
7. Maragtas Code – by Datu Sumakwel

Early forms of Punishment

1. Death 6. Fines
2. Physical torture 7. Forfeiture of property
3. Mutilation 8. Banishment
4. Branding 9. Transportation
5. Public humiliation 10. Imprisonment

Present forms of Punishment

Forms of Punishment
1. Death penalty capital punishment ( RA 7659 and RA 8177)

2. Imprisonment the legal process of confining the offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them while undergoing institutional treatment
program
3. Destierro the penalty of banishing a person from the place where he committed a crime, prohibiting
him to get near or enter the 25 km.-perimeter
4. Fine or
compensation

5. Civic duties

General Classification of Prisoners

• Detention of prisoners – those detained for investigation, preliminary hearing or awaiting trial. A detained in a
lock up jail. They are prisoners under the jurisdiction of Courts.
• Sentenced prisoners – offenders who are committed to the jail or prison in order to serve their sentence after
final conviction by a competent court. They are prisoners under the jurisdiction of penal institutions.
• Prisoners who are on safekeeping – includes non criminal offenders who are detained in order to protect the
community against their harmful behavior. Ex. Mentally deranged individuals, insane person.
• Legal Bases of Correctional Administration in the Philippine Setting
1. Based on the 1987 Philippine Constitution
2. Revised Penal Code
3. Probation Law (P.D. No. 968)

Correctional Agencies in the Philippines

1. Agencies engaged in institutional corrections
– Bureau of Corrections
– Provincial Jails
– Bureau of Jail Management and Penology
2. Agencies engaged in non-institutional corrections
3. Parole and Probation Administration (PPA)
4. Board of Pardons and Parole
5. Department of Social Welfare and Development (Bureau of Child and Youth Welfare)

JAIL and PRISON in the Philippines

1. NATIONAL or INSULAR PRISONS - administered by the Bureau of Correction

a. New Bilibid Prison (NBP) and Correctional Institution for Women (CIW)
b. Penal Colonies/Territories (San Ramon Prison and Penal Farm, Iwahig Penal Farm, Davao Penal Colony,
Sablayan Penal Colony & Farm and Leyte Regional Prison)

New Bilibid Prison

• Established in 1941 in Muntinlupa City at the boundary of Laguna province;
• Proclamation No. 414 in 1931, an enabling order to Commonwealth Act No. 3732; also the official basis for
Davao Penal Colony
• Designed to confine only 3,000 prisoners;
• 552 hectares;
• Supposed to be site for city of Manila’s Boys Training School;
 • Actual transfer was in 1941;
• Main NBP compound houses: (1) maximum security prisoners, including death convicts death convicts; (2)
central officers of Bureau of corrections;
• One of the biggest prisons in the world in terms of prison population;
• Became the National Penitentiary;

• Facility for workers: hardwood shop of Prison Industries Office – pinpointed as source of deadly weapons used by
rioting prisoners;
• 3 Satellite Prisons (outside the compound & within reservation) –
• Camp Bukang Liwayway – minimum security camp; name implying coming release of prisoners
• Camp Sampaguita – medium security prisoners and Youth Rehabilitation Center
• Reception & Diagnostic Center – receives newly committed prisoners from jails nationwide except
those committed by courts within Zamboanga provinces: Basilan, Sulu & Tawi-Tawi

Correctional Institution for Women

• Established under Republic Act 3579 on November 27, 1929;
• 18-hectare land in Mandaluyong City;
• Run by female personnel except perimeter guard;
• Houses special accommodations for pregnant inmates; and
• Infant may be allowed to stay with mother for not more than 1 yr

San Ramon Prison and Penal Farm

• Established in 1869
• Constructed near southern tip of Zamboanga peninsula nearby Zamboanga City
• Originally intended for confinement of convicted Moro “insurrectos”.
• Banishment site for political non-conformists from Luzon & Visayas
• Named in memory of its founder, Ramon Blanco, a Spanish captain in the Royal Army
• Land area: 1,524.6 hectares
• Products: Copra, one of the biggest sources of income of the Bureau of Prisons, rice, corn, coffee, cattle, &
livestock
• Houses: maximum, medium & minimum security prisoners
• Accepts convicts who were directly committed by courts in the area but are later sent to the Reception and
Diagnostic Center in the Central Office in Camp Sampaguita in Muntinlupa City for study and diagnosis.

Iwahig Penal Farm

• Established in 1904 in Iwahig, Palawan on orders of governor Forbes, then Secretary of Commerce & Police;
• Establishment was suggested by Governor Luke E. Wright designed for incorrigible offenders;
• From incorrigible offenders to well-behaved & pliable convicts to convert 38,611 hectares of lands into
production areas for: (1) revenue, & (2) rehabilitation of prisoners;
• One of the most open penal institutions in the world;
• Prison without Walls;
• Divided into 4 sub-colonies where each is autonomous under a penal supervisor: Sta Lucia, Inagawan, Montible,
& Central
• Tagumpay Settlement – 1,000-hectare land given to released prisoners. Each released prisoner is given 6-hectare
farm lots as homestead;

Davao Penal Colony

• Established in January 21, 1932 by virtue of Republic Act No. 3732 & Proclamation No. 414, series of 1931,
same authority creating NBP;
• Gen Paulino Santos (ret.), Prisons Director at that time, led first contingent of prisoners in colony;
• 18,000 hectares;
• World War II: used by Japanese for POW;
• Destroyed by Japanese;
• Reestablished in 1946;
• Houses: (1) medium & (2) minimum security prisoners;
• Prisoners work in open fields by colony custodial force;
• The largest source of revenue for Bureau of Prisons;
• Products: abaca, banana, rice, kenaf, copra, cattle & other farm products;
• Biggest abaca plantation in the country;
• Major banana producer with venture agreement with Tagum Development Company in a 3,000-hectare banana
plantation;
• Sub-colonies:
• Panabo Sub-Colony – under penal supervisor
• Kapalong Sub-Colony – under penal supervisor
• Tanglaw Settlement – for homesteaders.

Sablayan Penal Colony & Farm

• Established by Proclamation No. 72 on September 27, 1954;
 • Sablayan, Occidental Mindoro;
• 16,408.5 hectares;
• Purpose of establishment: to meet increasing population of prisoners;
• First prisoners were from Iwahig Penal Colony; and
• Main product: rice for inmate of colony and for NBP

Leyte Regional Prison

• Located in Abuyog, Leyte
• Established in January 16, 1973 on orders issued under Martial Law by President Ferdinand E. Marcos

2. PROVINCIAL JAILS - jails that are supervised and controlled by the provincial government within its
jurisdiction.
3. CITY/MUNICIPAL JAILS - jails that are administered (supervised and controlled) by the BJMP

Classification of Sentenced Prisoners

• Insular or National Prisoners – those sentenced to suffer a term of sentence of 3 years and 1 day of life
imprisonment those sentence a suffer a term of imprisonment cited above but appealed the judgment and unable
to file a bond for their temporary liberty.
• Provincial Prisoners – those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3
years or a fine of not more than 1,000 pesos, or both; or hosed detained therein waiting for preliminary
investigation of their cases cognizable by the RTC.
• City Prisoners – hosed sentenced to suffer a term of imprisonment for 1 day to 3 years or fine of not more than
1,000 pesos or both. Those detained therein whose cases are filed with the MTC those drained therein whose
cases are cognizable by the RTC and under the Preliminary Investigation.
• Municipal Prisoners – those confined in Municipal jails to serve an imprisonment from 1 day to 6 months. Those
detained therein whose trials of their cases are pending with the MTC.

Extinction of Criminal Liability

• Conditions for the total extinction of criminal liability are: Death of the convict, Service of sentence, Absolute
Pardon, Amnesty, Prescription of crime, Prescription of penalty, Marriage of the offended party to the offender
(in good faith),
• Conditions for the partial extinction of criminal liability are: Conditional Pardon, Commutation of Sentence,
Probation, Parole, Good Conduct Time Allowance

Partial extinction of criminal liability

Partial extinction of criminal liability
Conditional pardon commence by petition filed by prisoner, his family or relative or upon the
recommendation of the prison authorities. And such request is processed by the Board
of Pardons and Parole and endorse to the president
Parole conditional release after the prisoner has served a part of his sentence in prison
 Commutation act of clemency by which an executive act changes a heavier sentence to less serious
one or a longer term to a shorter term
Good Conduct Time available to detainee who agreed to abide with regimen
Allowance 1st 2 yrs – 5 days for each month of good behavior
3rd – 5th yrs – 8 days for each month of good behavior
6th – 10 yrs – 10 days for each month of good behavior
11th yr & onwards – 15 days for each month of good behavior