Republic of the Philippines

Gapan City College

Gapan City, Nueva Ecija 3105
BACHELOR OF SCIENCE IN CRIMINOLOGY
A.Y 2020 - 2021

I. Module/Lesson: INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

II. LEARNING OBJECTIVE/S:
The students will be able to:
1. Analyze the basic concepts of the study of Philippine Criminal Justice System.
2. Reflect the importance of law enforcement in Criminal Justice
3. Determine the functions and importance of prosecution in Criminal Justice
4. Determine the procedures of Court in Criminal Justice
5. Apply the approaches of Correction in Adult and Juvenile Justice System
6. Reflect the role of the Community in Criminal Justice System
7. Apply the procedure and importance of Baranggay Justice System
III. Time Allotment: 3 hours/week
IV. Mode of Delivery: Online/Modular/Face to Face

V. References:
• Brian B. Gurrero, Introduction to Philippine Criminal Justice System, Manila:Wiseman Books
Trading, 2019
• RBSI Editors, Revised Rules of Court, REX Book Store, 2018
• Bajita, Bayag-O and Gapit, Criminology Memory Aid, JEF Publishing, 2016
Lesson/ Topics/Activities Schedule No. of Mode of
Module Hours Delivery
1. Introduction to Philippine Criminal Justice System Week 1-2 6 hours Online/
a. Summary of Philippine Criminal Justice, defined Modular
b. The Criminal Justice System and Philippine
Constitution
c. Purposes of the Criminal Justice System
d. Adult Criminal Justice and Juvenile Justice
Distinguish

Assessment, Submission and Evaluation of Output/ Activities Face to

face
2. The First Pillar – Police / Law Enforcement Week 3-5 9 hours Online/
a. The Police Modular
b. Mandate
c. The National Bureau of Investigation (NBI)
d. Criminal Investigation
Assessment, Submission and Evaluation of Output/ Activities Face to
face
3. Second Pillar – Prosecution Week 6-8 9 hours Online /
a. Three Main Functions of Prosecution Pillar Modular
b. The Department of Justice (DOJ)
c. National Prosecution Services
 d. Preliminary Investigation
Assessment, Submission and Evaluation of Output/ Activities
4. Third Pillar – Court Week 9 - 12 hours Online /
a. Court define 12 modular
b. Criminal Jurisdiction
c. Bail
d. Arraignment
e. Motion to Quash
f. Pre- Trial
g. Trial
h. Judgment
i. Motion for New Trial/ Consideration
j. Appeal
Assessment, Submission and Evaluation of Output/ Activities Face to
face
5. Fourth Pillar – Correction Week 13- 9 hours Online /
a. Correction, defined 15 Modular
Institutional Correction
b. Bureau of Correction
c. Procedures of Administration in Correctional
Institution
d. Bureau of Jail Management and Penology
e. Provincial Jail
Non – Institutional Correction
f. Probation
g. Executive Clemency

6. Fifth Pillar – Community Week 16- 6 hours Online/

a. The Role of the Family 17 Modular
b. The Role of the Baranggay
c. The Role of Schools
d. The Role of Government
e. The Role of the Church
f. The Role of Mass Media
Assessment, Submission and Evaluation of Output/ Activities Face to
face
7. Baranggay Justice System Week 18 3 hours Online /
a. P.D 1508 Modular
Assessment, Submission and Evaluation of Output/ Activities
Final Examination Face to
Face
Total No. 54 hours
of Hours
PHILIPPINE CRIMINAL JUSTICE SYSTEM is a process which the government follows when someone
violates criminal law. This is a procedure sanction by law and rules of court for tjose people suspected for the
commission of a crime. Without first violation of criminal law, then arrest by the police, the system is not and
cannot be validly considered commence. Hence, it should be the police or law enforcer on the top of the list as the
initiator or more accurately consider as the prime mover of Criminal justice system. However we cannot deny the
fact that community occupies special place in the system. Absence of this pillar will paralyze the whole system.

CRIMINAL JUSTICE SYSTEM

- Comprise all the means used to enforce those standards of conduct which bare deemed necessary to
protect individuals and to maintain general community well-being of the community.

- The machinery of the state or government which enforce the rules of conduct necessary to protect life
and property and to maintain peace and order.

- The sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency.

- the process in a community by which a crime is investigated, and the person(s) suspected for the
commission thereof is/are taken into legal custody for prosecution in court and for punishment, if
found guilty, with provisions being made for the correction and/or rehabilitation of the offender(s) to
ensure renewed assimilation into mainstream society after service of sentence.

ATTRIBUTES OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

The characteristics of Criminal Justice S ystem of the Philippines are the following:
1. Spanish and Anglo American Law ;
2. Common Law Principle is not adhered hereto;
3. Criminal Laws are general, territorial and prospective in application; and
4. Litigation is adversarial in nature

PURPOSE OF CRIMINAL JUSTICE SYSTEM

The Philippine Criminal Justice System may be classified into two: Primary; and Secondary or sub-
purposes
1. Primary Goals
a. Protection of the members of society.
b. Maintenance of peace and order.

2. Secondary or sub-goals
a. Crime prevention.
b. Suppression of criminal conducts by apprehending the offenders for whom prevention is ineffective.
c. Judicial determination of guilt or innocence of those arrested and/or under trial.
d. Review of the legality of preventive and suppressive measures.
e. Legal and proper disposition of those found guilty
f. Correction and rehabilitation of these persons who violates criminal laws.
FIVE STAGE IN THE CRIMINAL JUSTICE PROCESS:
1. Arrest 2. Charging 3. Adjudication 4. Sentencing 5. Corrections
 FIVE PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM
1. Law Enforcement / Police
2. Prosecution
3. Court
4. Correction
5. Community
THREE PILLARS OF AMERICAN CRIMINAL JUSTICE SYSTEM
1. LAW ENFORCEMENT
2. COURTS
3. CORRECTIONS

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Criminal law is the basis that takes place in the Criminal Justice System.
Only violations of Criminal Law are being considered and processed in the Criminal justice system. Where
no violation of Criminal Law or where no commission of crime, in general, Criminal Justice as a process will not
operate.

Law – is a rule of conduct, just, obligatory promulgated by the competent authority for the common good of a
people or nation, which constitutes an obligatory rule of conduct for all its members.

CRIMINAL LAW is a branch of public, which define crimes, treats of their nature, and provide for their
punishment.

TWO CLASSIFICATION OF CRIMINAL LAW

A. SUBSTATIVE defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL refers to a statute that provides procedures appropriate for the enforcement of Substantive
Criminal Law.
The Adversarial Approach is adopted in our CRIMINAL JUSTICE SYSTEM.
1. Concept of Due Process of Law
The concept of due process means that those who are accused of the crime and those who are processed
through the Criminal Justice System must be given the basic rights guaranteed by the constitution.
Criminal due process requires that the accused be tried by an impartial and competent court in
accordance with the prescribed by law and with proper observance of all the rights accorded to him
under the Constitution and applicable statute.

2. Concept of EQUAL PROTECTION

The equal protection clause in essence declares that the state may not attempt to create or enforce
statutes against a person solely because of specific characteristics sush as race, age or sex.

TWO BASIC PRINCIPLE OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL

JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “PRESUMPTION OF INNOCENT” This means that those who are acussed of crime are
considered innocent until proven guilty. The accused is entitled to all the rights of the citizen until the
accused guilt has been determined by the court of law or by the accused’s
acknowledgment of his guilt that he or she indeed committed the crime.
b. The second principle is the “BURDEN OF PROOF” which in criminal cases means that the government
must prove beyond “reasonable doubt” that the suspect committed the crime.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

 The criminal is the main character of the criminal justice system.

CRIMINAL MAY BE DEFINED IN THREE DIFFERENT VIEWS:

1. In Criminological sense, a person may be considered as a criminal from the time he or she committed the
crime regardless whether or not it has been reported to the Police for investigation.
2. In Legal sense, a person 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.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process and went
through all the pillars of the criminal justice system.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE CRIMINAL
JUSTICE SYSTEM.
1. At the police stage, during investigation, he is referred to as a SUSPECT.
2. At the prosecution office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can really be
considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY

1. The absolute ability to identify the law violator.
2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator.
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment.
3. The guilty are punished more severely than necessary.
4. The guilty are punish less severely than necessary.

ADULT CRIMINAL JUSTICE AND JUCENILE JUSTICE DISTINGUISHED

Like other countries, the Philippines have separate processes for adults and juveniles. Person below the
age of 18 who committed a crime is process under R.A 9344 or THE JUVENILE JUSTICE WELFARE ACT of 2006.
Person in the age of 18 and above must prosecute in accordance with the Revised Rules of Court promulgated by
the Supreme Court in the exercise of its Rule making power under the Constitution.

The juvenile justice gives more emphasis to the importance of rehabilitation and adherence to restorative
justice rather than punishment and retribution.

The juvenile justice system has specialized court, the family court, which is a Regional Trial Court
designated by the Supreme Court to handle family related cases including juvenile cases. There is no separate
police for juvenile, but there is a different approach towards them. The juvenile will not be subjected to arrest but
a different approach in taking a child into police custody such as procedure for initial contact with the child.

The Women and Children Protection Desk (WCPD) officer will be the one who will investigate the Child in
Conflict with the Law (CICL) cades for disposition under the laws and procedure.

Subject of Process
Law/ Rules applied
Adult CJS
Depending upon which level of
the system such as Suspect,
Respondent, Accused Convict,
Inmate, probationer and other
Particular Penal law violated
such as RPC, Revised Rules of
Court
Juvenile CJS
Always refer to as Child in
Conflict with the law (CICL)
RA 9344 as amended; Rules on
Juvenile in Conflict with the Law

Apprehension Arrest Initial Contact

Trial Court Regular Courts Family Court
State policy Exercisse of Police Power Parens patriae; best interest of
the child

Exercise/ Activity No.1

1. Discuss how the Philippine System of Criminal Justice operates

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2. Enumerate the five components of the Philippine Criminal Justice in its proper order.
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3. Give the characteristics of Philippine Criminal Justice System

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4. Differentiate adult criminal justice system form juvenile justice system

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5. Give the difference, if any, between the study of criminology and the study of criminal justice system.
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Law Enforcement - The First Pillar in the Philippine Criminal Justice System
Law Enforcement in relation to CJS
The Law Enforcement as the first pillar is considered to be the “forefront”, “initiator”, “prime mover” or
“gate keeper” of the Criminal Justice System. It is considered as the “ initiator of the actions” that other pillars
must act upon attain its goal or objective.
Examples of police initiating action:
a. Effecting an arrest
b. Surveillance
c. Crime investigation

The general function of the Law Enforcement in relation to the administration of the CJS.
a. Crime Prevention
b. Arrest or Criminal Apprehension
c. Criminal Investigation
d. Order Maintenance
e. Public Service
f. Traffic regulation and motor accident investigation
g.
POLICE – is the department of the government concerned primarily with maintenance of public order, safety,
and health and enforcement of laws and possessing executive, judicial and legislative power.
- The civil force of national or local government, responsible for the prevention of and detection of
crime and maintenance of public order.

The Police
The police or law enforcements are the most visible representative of the government in the society. The
first line of defense against crime, for only if the police arrest the suspect will rest of criminal justice system come
into play in prosecuting, trying, convicting and rehabilitating the offenders.
The term police derived from the word POLITIA, meaning condition of the state, government and
administration. Politia originated from the Greek word “Politeia” whish mi=means government, citizenship, or the
entire activity of polis in the city.

Police Roles in the Criminal Justice System

1. To conduct Criminal Investigation
2. To make arrest or criminal apprehension
3. To conduct search and seizures
4. To prepare and file complaint
5. To participate in the prosecution of criminal cases

Note:
In every stage of police performance of its roles or duties, strict compliance to constitutional and
statutory rights of person shall always, be observed.
The Philippine National Police
The PNP is considered as the premier law enforcement agency in our country. However, this does not
mean that this agency is the sole law enforcement in this jurisdiction.
Organized pursuant to RA 6975 as amended by RA 8551

Pertinent laws on PNP

RA 6975- DILG Act of 1990 – approved on Dec 13,1990 and amended by
RA 8551- The PNP and Reorganization Act of 1998 – approved Febrary 25, 1998 as further amended by
RA 9708 - An act extending for 5 years the reglementary period for complying the minimum
educational qualification for appointment to the PNP and adjusting promotion thereof.- approved
on August 12, 2009

- a law enforcement agency under DILG

- under administrative control and operational supervision of the NAPOLCOM
- it is an organization that is in national in scope and civilian in character, as provided by Art XVI, Section 6
of the 1987 Constitution “the state shall establish and maintain one police force which shall be national in
scope and civilian in character, to be administered and controlled by the National Police commission. The
authority of local executive over the police units in their jurisdiction shall be provided by law.
- Headed by the Chief PNP, with the rank of Director General/ Police General, appointed by the President
and who shall serve a term of office of four (4) years.

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 the PNP is not a part of military, although it retains some military attributes such as discipline.
- Functions of the PNP
- Enforce all laws and ordinance relative to the protection of lives and properties
- Maintain peace and order and take all necessary steps to ensure public safety
- Investigate and prevent crimes, effects the arrest of criminal offenders, bring offenders to justice and
assist in their prosecution;
- Exercise the general powers to make arrest, search and seizure in accordance with the constitution and
pertinent laws;
- Detain an arrested person for a period not beyond what is prescribed by the law, informing the person so
detained of all his rights under the Constitution;
- Issue licenses for the possession of firearms and explosive in accordance with law;
- Supervise and control the training and operations of security agencies and issue licenses to operate
security agencies and to security guards and private detectives, for the purpose of their professions; and
- Perform such other duties exercise all other functions as may be provided by the law.

The National Bureau of Investigation (NBI)

Aside from the PNP there are lot more law enforcement agencies in this jusridiction and one of its is the
NBI. It likewise important to possess basic knowledge about this agency to avoid confusion with the PNP.

NBI was created on November 13, 1936 upon the approval of commonwealth Act No. 181. This was the
brainchild of the late President Manuel Quezon and Secretary of Justice Jose Yulo. Thomas Dugan, a veteran
American police captain from New York Police department and Flaviano C. Guerrero, the tasked with organizing a
Division of Investigation (DI) patterned after the United State Federal Bureau of Investigation(FBI). On the basis of
stiff physical, mental, and moral requirements, around forty five (45) men were selected as agents from among
three hundred (300) applicants. To complete this investigative force was a civilian staff composed of doctors,
chemist, fingerprint technicians, photographer, stenographer, and clecks. During the Japanese occupation, the DI
was affiliated with the Bureau of Internal Revenue (BIR) and the Philippine Constabulary known as the Bureau of
Investigation(BI). Subsequently, during the post- liberation period, all available DI agents were recruited by the US
Army CIC as investigators. On June 19,1947, RA No. 157 was passed reorganizing the BI. The law was amended by
E.O 94 issued on October 4, 1947. This renamed the BI into NBI.

Objectives
The main objective of the National Bureau of Investigation is the establishment and maintenance of a
modern, effective and efficient investigative service and research agency for the purpose of implementing fully
principal functions provided under RA 157, as amended.

Mission
To provide quality service for efficient law enforcement in the pursuit of truth and justice.

Functions
• Under its enabling law, RA 157, as amended, the NBI is empowerded to
Investigate crimes and other offenses against the laws of the Philippines, both on its own initiative and as
public interest may require;
• Assist, when officially requested in the investigation or detection of crimes and other offenses;
• Act as national clearing house of criminal records and other information for use of all prosecuting and law
enforcement entities in the Philippines, of identification records of identifying marks, characteristics and
ownership or possession of all firearms and test bullets thereof;
• Give technical help to all prosecuting and law enforcement offices, agencies of the government, and
courts which may ask for its services;
• Extend its services in the investigation of cases of administrative or civil in nature in which the
government is interested;
• Establish and maintain an up-to-date scientific crime laboratory and conduct research in furtherance of
scientific knowledge in criminal investigation;
• Coordinate with other national or local agencies in the maintenance of peace and order;
• Undertake the instruction and training of a representative number of city and municipal peace officer at
the request of their respective superiors along effective methods of crime investigation and detection in
order to insure greater efficiency in the discharge of their duty.

Note:
The NBI is a government entity that is civilian in character, and national in scope which is under the
Department of Justice

Government Law Enforcement Agencies

a. Philippine National Police
b. National Bureau of Investigation
c. Philippine Drug Enforcement Agency
d. Bureau of Internal Revenue
e. Bureau of Immigration
f. Land Transportation Office
g. Bureau of Customs
h. Food and Drugs Administration
i. Philippine Coast Guard
j. Philippine Aviation Security Command
k. Maritime Industry Authority
l. Bureau of Forest Development
 m. Bureau of Fisheries and Aquatic Resources
n. Air Transportation Office
o. Department of Environment and Natural Resources
p. Department of Foreign Affairs

Bureau of Immigration (BI) Bureau of immigration, an attached agency under the Department of Justice is tasked
to enforce the immigration laws of the country. It investigates and arrest illegal and undocumented aliens, foreign
fugitives and criminals operating in the country.

Bureau of Customs (BOC) BOC, under the Department of Finance is tasked to enforce customs and tariff duties in
all the Philippines airports and seaport nationwide. It investigates and arrest smugglers and those suspected of
violating customs laws.

Bureau of Internal Revenue (BIR) enforces tax laws and regulation. It investigates tax evasion cases and arrest
similar violators. BIR is under the Department of Finance

Land Transportation Office (LTO) regulates land transportation industry and enforces transportation laws and
regulation. Investigates arrest and prosecutes “colorum” or out of line vehicles.

Department of Environment and Natural Resources (DENR) operates against illegal logging. It investigates and
prosecutes violators of environmental protection laws.

Bangko Sentral ng Pilipinas (BSP) regulates banking industry and enforces banking laws. Investigates arrest and
prosecute counterfeit currency manufacturers and passers.

Maritime Industry Authority (MARINA) regulates the maritime and shipping industry. It oversees the sea
worthiness of all sea- going vessel.

Bureau of Foods and Drugs (BFAD) enforces and regulates manufacture of food and drugs. It investigates and
arrests unscrupulous manufacturer and makers of substandard food and drugs without licensed or permits. BFAD
is under the Department of Health
Police rules and Function in the society
Basically, the role of the police in society is crime prevention which id the main goal of the CJS.

Police Discretion
One of the most important powers vested by law to the police officers is to exercise discretion. This is
defined as an authority conferred by law to act in a certain condition or situation in accordance with an official or
an official agency’s own considered judgment and conscience.

Other authority defined the same as the wise use of one’s judgment, personal experience to decide a
particular situation. It is the freedom to make a choice among possible course or courses of action or inaction.

One of that is difficult for a police officer to make is whether to use force against a civilian, a decision that
must be made quickly and often under stressful and ambiguous circumstances.

Crime Detection in relation to the Administration of Justice

Through crime detection, the police is typically the first component of the justice system to deal with the
commission of the crime.

How crime detection are usually happens?

The detection of crime usually occurs in the following manner:
 a. The most typical way that crime come to the attention of the police is for the the victim to report its
occurrence to the police.
b. A less typical way for the police to be advised of the crime is through the reporting of someone who
has witnessed its commission has come upon evidence indicating that a crime has been committed.
c. The police themselves, through their routine operation discover that a crime has been committed or
witness its commission.

CRIMINAL INVESTIGATION
Criminal investigation is an art which deals with the identity and location of the offender and provides
evidence of his guilt through criminal proceedings. This is considered as the most and complicated fuction of the
police as criminal investigator.

It is likewise defined as the collection and analysis of facts about persons, things, places, subject of a crime
to identify the perpetrator, to locate his whereabouts and to gather evidence for the establishment of his guilt in
a criminal proceedings.

Criminal investigation is further known as an art and process w/c deals with the identity, location and
arrest of a person who commits a crime and simultaneously identify, collect, preserve and evaluate evidence for
the purpose of delivering criminal offender to justice.

Importance of Criminal Investigation in the Administration of Justice

Criminal investigation is important in the administration of the CJS because one of the purpose of criminal
investigation is to gather and preserve evidence that will both justify their enforcement action in particular case
as well as enable the fact finding process of the courts and the prosecution of the case successfully and obtain
conviction.

Elements of Investigative Process

1. Recognition – identification of information related or has in anyway bearing to the crime under
investigation.
2. Collection – collection of information after finding of to be related to the crime under investigation.
3. Preservation – preservation of information gathered to ensure its physical and legal integrity.
4. Evaluation – ascertaining whether information identified, collected and preserved. Can stand
prosecution and trial.
Phases of Criminal Investigation
1. Identification of criminal offender
2. Tracing, locating and arrest of the offender
3. Gathering of evidence to prove his guilt in the criminal proceeding

ARREST: Criminal Apprehension ( Rule 113 of the Revised Rules of Court)

Arrest is defined as the taking of a person into the custody in order that he may be bound to answer for
the commission of an offense. It is made by an actual restraint of a person to be arrested, or by his submission to
the custody of the person making the arrest. (Section 1 and 2, Rule 113)

Importance of Arrest in the administration of CJS

Arrest is important in the administration of Criminal Justice System because if the accused is not arrested,
the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the
authorities.

Two modes of arrest:

1. By actual restraint of the person to be arrested; and
 2. By his submission to the custody of the person making the arrest

What is the duty of arresting officer? (Sec. 3)

Its shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the
nearest police station or jail without unnecessary delay

Activity No. 2

• On your way home, you witnessed a robbery hold-up in a public utility jeep in Cabanatuan City. As a
police officer assigned in Gapan City, you made the arrest of the suspect. Can you bring the suspect to
Gapan City for booking since that is where you are assigned? Justify your answer.

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How warrant of Arrest Executed? (Sec. 4)

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant
to be executed with ten (10) days from its receipt. Within (10) days after thr expiration of the period. The officer
to who it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure
to execute the warrant, he shall state the reasons therefor.
Note: a warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is lifted.

Arrest without Warrant when lawful/Warrantless Arrest - (Sec.5)

A peace officer or a private person may, without warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or
Attempting to commit an offense; (In flagrante delicto)
b. When an offense has just been committed and he has probable cause to believe based on p
personal knowledge of facts or circumstances that the person to be arrested has committed
it; and (Hot Pursuit)
c. when the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or its temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another.(Escapee)
note: In case falling under paragraphs (a) and (b) above, the person arrested without warrant shall be forthwith
delivered to the nearest police station or jail and shall be proceed against in accordance with
(sec. 7 of rule 112)
Time of making arrest- (Sec.6)
An arrest may be made on any time of the day or night

Methods of Arrest:
a. With a warrant by Police Officer (Sec.7)
When making an arrest by virtue of warrant, the officer shall inform the person to be
arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest,
except when he flees or forcibly resist before the officer has opportunity to so inform him, or
when the giving of such information will imperil the arrest. The officer need not have the warrant
in his possession at the time of the arrest but after the arrest, if the person arrested so requires,
the warrant shall be shown to him as soon as practicable.

b. Without warrant by Police Officer (Sec.8)

When making an arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, has escape, flees, or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such information will imperil the
arrest.

c. Arrest by Private Person (Citizen’s Arrest)- (Sec.9)

When making an arrest, a private person shall inform the person tp be arrested of the intention to
arrest him and the case of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, or has escape, flees, or forcibly resist before the
person making the arrest has opportunity to so inform him, or when the giving such information will
imperil the arrest.

Right of the officer to break into the building or enclosure – (Sec. 11)
An officer, in order to make an arrest either by virtue of a warrant, or without warrant, as provided in
Section. 5, may break into any building or enclosure where the person to be arrested is or is reasonably
believed to be, if he refused admittance thereto, after announcing his authority and purpose.

Right to break out from the building or enclosure – (Sec. 12)

Whenever an officer has entered the building or enclosure in accordance with his right to break into
building or enclosure, he may break out therefrom when necessary to liberate him self.

RA 7438 ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS,
AND PROVIDING PENALTIES FOR VIOLATION THEROF

Search and Seizure (Rule 126 of the Revised Rules of Court)

Section 1. Search warrant defined. — A search warrant is 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 search for personal
property described therein and bring it before the court. (1)
Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be
filed with the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.

Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of
personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (2a)
Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon probable cause
in connection with one specific offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines. (3a)

Section 5. Examination of complainant; record. — The judge must, before issuing the warrant, personally
examine in the form of searching questions and answers, in writing and under oath, the complainant and the
witnesses he may produce on facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted. (4a)

Section 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of facts upon which
the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which
must be substantially in the form prescribed by these Rules. (5a)

Section 7. Right to break door or window to effect search. —

The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority,
may break open any outer or inner door or window of a house or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)

Section 8. Search of house, room, or premise to be made in presence of two witnesses. —

No search of a house, room, or any other premise shall be made except in the presence of the lawful occupant
thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality. (7a)

Section 9. Time of making search. —

The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the
person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any
time of the day or night. (8)

Section 10. Validity of search warrant. —

A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a)

Section 11. Receipt for the property seized. —

The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of
the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in
the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt
in the place in which he found the seized property. (10a)
Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. —
(a) The officer must forthwith deliver the property seized to the judge who issued the warrant,
together with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return
has been made, and if none, shall summon the person to whom the warrant was issued and require him
to explain why no return was made. If the return has been made, the judge shall ascertain whether
section 11 of this Rule has been complained with and shall require that the property seized be delivered
to him. The judge shall see to it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the log book on
search warrants who shall enter therein the date of the return, the result, and other actions of the judge.
A violation of this section shall constitute contempt of court.(11a)

Section 13. Search incident to lawful arrest.-

A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.

General rule in effecting Search and Seizure:

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued search
warrant.

The Reason:
a. For protection of the searcher not to be charged of a crime of theft, robbery and the like:
b. And for civil and administrative liabilities

Exceptions:
a. Warrantless search incidental to a lawful arrest
b. Seizure of evidence in plain view
c. Search a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search; and
g. Exigent and emergency circumstances

Plain View Doctrine: Authorizes a search and a seizure without a warrant.

Requisites are:
a. There must have been a legal presence in the place where the search is made;
b. The evidence was discovered inadvertently by an officer with a right to be where he is;
c. The evidence is immediately apparently illegal; and
d. There is no need for any further search to obtain the evidence.

Stop and Frisk : this is limited protective search of the outer clothing of a person to reason ( not mere suspicion)
must exist, in the light of the officer’s experience and surrounding circumstances, to warrant the belief that the
person has concealed weapons.

Evidence obtained in violation of the rule on arrest and search and seizure is not admissible as evidence against
the accused The evidence obtained is not admissible against the accused in any proceedings. The rule not
admitting any unlawfully obtained evidence against the accused is referred to “the exclusionary evidence”
because the same is said to be “the fruit of the poisonous tree”

Activity No.3
 • Search and seizure warrant for several number of computers units who were allegedly used for cyber
pornography has been quashed by the court. Mr. X the owner of these properties subjected to search and
seizure filed an action to recover properties from police authorities. Should computer units be returned to
Mr. X? Justify your answer.

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EXERCISES NO. 4

1. In general, what are the roles of the Police/Law Enforcement in the Philippines Criminal Justice System?

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2. Discuss the principle of police discretion.

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3. What are the Instance that warrantless arrest is legally allowed?

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 4. Discuss two (2) Witnesses Rule in the conduct of a valid search.

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5. Enumerate instances when valid warrantless search and seizures are possible.

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PROSECUTION- THE SECOND PILLAR of the Criminal Justice System

In this stage of justice system, determination of the legality of the action of the law enforcer
and the evaluation of evidence presented takes place. Likewise, presence of probable cause to warrant
prosecution known as Preliminary Investigation will be determined.

The prosecution as the pillar of the CJS simply means “a criminal action”. A proceeding
instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the
guilt or innocence of a person charged with the crime.

Three (3) main functions of the prosecution pillar

1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
3. To act as the lawyer of the state in criminal prosecution

In Philippine CJS, Who conducts the Prosecution?

In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution of criminal
actions in court. The Revised Rules of Court expressly provides that the prosecution has the direction and control
of the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is absent, the
offended party, any peace officer, or public officer charged with the enforcement of the law violated may
prosecute the case. But such authority shall cease upon actual of the prosecutor upon elevated to the RTC.

National Prosecution Services (NPS)

The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial
arm of the government. Its most important function in the Criminal Justice System is to maintain and recognize
the rule of law through the speedy delivery of services particularly in the investigation and prosecution of all
crime under the Revised Penal Code, Presidential Decrees and other special penal laws.

The Public Prosecutor

It is demanded of him nothing less than utmost diligence, unquestionable honesty, unblemished integrity
and quiet dedication to serve the people at all times.
The public prosecutors do not only initiate criminal action in the name of the People of the
Philippines, they also serve as the trial or prosecution officers before the criminal court. Moreover, the
prosecutors decide whether or not to prosecute a case, or hold the case open for further action.
The Private Prosecutor
Article 100 of the Revised Penal Code provides that: “Civil liability of a person guilty of felony – every
person criminally liable for a felony is also civilly liable. “Because of this, the private complainant may acquire the
services of a private council to act as a private prosecutor to protect his civil rights as a result of a felony.
However, the private prosecutor is under the direct and supervision of the public prosecutor.

Ombudsman (OMB) as Special Prosecutor

Formerly known as the Tanodbayan, the OMB is created under Section 5, Article XI of the 1987
Constitution.

Mandate: RA 6770 the Ombudsman Act of 1989

Powers and Functions:

How criminal action is instituted?

Criminal actions shall be instituted as follows:

a. For offense, where a preliminary investigation is required, by filling the complaint with the proper
officer for the purpose of conducting the requisite preliminary investigation.
b. For all other offenses, by filling the complaint or information directly with the Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the
complaints shall be filed with the office of the prosecutor unless otherwise provided in their charters.

Complaint – a 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. (Sec.
3, Rule 110)

Information – Information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed it with the court. (Section.4 Rule 110)

Subpoena – an order requiring a person to testify before the court in a case, or demanding the submission of
evidence in the form or documents.

Subpoena Testificandum – is an court summons to appears and give oral testimony for use at a hearing or trial.

Subpoena Decus Tecum – is a court summons ordering the recipient to appear before the court and produce
documents or other tangible evidence for use at the hearing or trial.

Minor has a right t initiate the prosecution of an offense

The offended party, even if a minor, has the right to initiate the prosecution of the offense of seduction,
abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the offended party, who is minor, fails to file the complaint, her
parents, grandparents, or guardian shall be exclusive of all other persons shall be exercise successively in the
order herein provided, except as stated in the preceding paragraph.
Question:

• A minor named IVANA MULAWIN came to your police station to file a complaint against her uncle
CARDO BAGWISAN who committed acts of lasciviousness against her. Accordingly, Ivana already
reported the incident to her parents and grandparents but after talking to her uncle, they decided not
to file a complaint. Will you process the complaint of Ivana considering that she is a minor and such
complaint is without the consent of her parents? Justify your answer.

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Effect of R.A 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act)- Under Sec.27 of
R.A 7610, complaints on cases of unlawfully acts mentioned in the law committed against children, may be filed by
the following:
a. Offended Party
b. Parents Guardian
c. Ascendant or collateral relative within the 3rd civil degree of consanguinity
d. Officer, social worker or representative of a licensed child-caring institution
e. Officer or social worker of DSWD
f. Barangay Chairman
g. At least (3) concerned, responsible citizens where the violation occurred.

Determination of Sufficiency of complaint or information

A complaint of information is sufficient if it states the name of the accused; the designation of the given
statute; the acts or omissions complained of as contituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where the offense is committed.
When an offense is committed by more than one person, all of them shall be included in the complaint or
information. (Sec 6, rule 110)

Place where action is to be instituted – Venue is jurisdictional

a. Subject to existing laws, the criminal action shall be instated and tried in the court of the municipality or
territory where the offense was committed or where any of its essential ingredients occurred.
b. Where an offense is commited in a train, aircraft, or other public or private vehicle in the course of its trip,
the criminal action shall be instituted and tried in the court of any municipality of territory where such train,
aircraft or other vehicle passed during its trip, including the place of departure and arrival.
c. Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be
instituted and tried in the court of the first port of entry or any municipality or territory where the vehicle
passed during such voyage, subject to the generally accepted principles of international law.
d. Crimes committed outside the Philippines but punishable but under Article 2 of the RPC shall be cognizable
by the court where the criminal action is first filed. (Sec 15, Rule 110)
PRELIMINARY INVESTIGATION (PI)
Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well- founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial( Sec. 1 Rule 112)

PUURPOSE/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether there is probable cause to believe
that the accused is guilty thereof;
b. To secure the innocent against hasty, malicious and oppressive prosecution.
c. To protect the state from useless and expensive trials.

Probable Cause
As used in preliminary investigation, probable cause is defined as the existence of such facts and
circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of
prosecutor, that the person charge was guilty of the crime which he was prosecuted.

When P.I is required

Before the filling of complaint or information for an offense where the law prescribes a penalty of
4 years 2 months and 1 day without regard to the fine.

When PI is not required even if the offense requires PI.

When the offender was arrested without a warrant, an INQUEST investigation will be conducted by the
inquest investigator. There is no need to conduct Preliminary Investigation, unless the person arrested ask for PI.
However, before the same can be done, he must sign a waiver under the provision of Art. 25 of the RPC.
An INQUEST shall refer to an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant issued by the court for
the purpose of determining whether or not said person should remain under the custody and correspondingly
charged in court.

PERSON AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial and City Prosecutors and their assistants
b. Judge of Municipal Trial Courts and Municipal Circuit Trial Court
c. National and Regional State Prosecutors
d. Other officers as may be authorized by law.

OTHER OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION:

a. The Ombudsman and special prosecutors and prosecutors duly authorized by the Ombudsman with
respect to cases its jurisdiction. (ex. R.A 7080 & RA 3019)
b. The COMELEC with respect to cases in violation of the Election Law.
c. Private lawyers when duly deputized by any of the above.

RESOLUTION OF INVESTIGATIONG PROSECUTOR AND ITS REVIEW – If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the
information that he, or as shown by the record, an authorized officer, has personally examined the complaint and
his witness; that there is reasonable ground to believe that a crime has been committed and the accused was
informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence. Otherwise he shall recommend the dismissal of the complaint.
SOME OF THE REASON FOR PROSECUTORIAL TO REJECTION OR DISMISSAL OF SOME CRIMINAL CASES:
a. Insufficient Evidence that results from a failure to find sufficient physical evidence that links the
defendant to the offense.
b. Witness Problem that rise for example, when a witness fails to appear, give unclear and inconsistent
statements, is reluctant to testify, is unsure of identity of the offender.
c. Due Process Problems that involves the violations of Constitutional requirements for seizing evidence and
for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A CRIME:
a. File a motion for consideration
b. File an administrative case against the Prosecutor
c. File a civil case against the Prosecutor
d. File a criminal case against the Prosecutor

COURT – THE THIRD PILLAR OF THE CRIMINAL JUSTICE SYSTEM

COURT- A government body officially assembled under the authority of the law at the appropriate time and place
for the administration of justice through which the state enforces its sovereign rights and power.

Judicial Power
The judicial power shall be vested in one Supreme Court and in such other courts as may be established
by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government. (sec.1, Art VIII, 1987 Constitution)

Importance of the Court in the Administration of CJS

• The court is the final arbiter of all disputes involving violations of criminal law.
• Basic is the principle in law that we are a government of law and that no one should put the law into one’s
own hand. Otherwise, our Society will be one where chaos and anarchy reign supreme.

General Functions of the Courts

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

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

Requisites for Valid Exercise of Jurisdiction

1. Jurisdiction over the subject matter – the offense, by virtue of the imposable penalty or its nature, is one
which the court is by law authorized to take cognizance.
2. Jurisdiction over the territory – the offense must have been committed or any of its essential
ingredients took place within the territorial jurisdiction of the court. It cannot be waived and where the
place of the commission was not especially charge, the place may be shown by evidence.
3. Jurisdiction over the person of the accused – The person charged with the offense must have been
brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the
court.

Counsel de Officio – is the counsel/atty appointed by the court to represent defend the accused in case he cannot
afford to employ one himself.
Counsel de Parte – is an cousel/atty. Retained by a party litigant, to prosecute or defend his cause in court.

Criminal Jurisdiction of various Courts in the Philippines

1. Municipal Trial Courts –

a. Municipal/City Ordinance
b. Offenses punishable with imprisonment not exceeding 6 years
c. Offenses involving damage to property through criminal negligience
d. BP 22

2. Regional Trial
a. Those which carry the penalties exceeding six (6) years of imprisonment
b. Those not covered of the jurisdiction of Sandiganbayan.
c. Appellate court of all cases decided by a lower court.

3. Family Courts –
a. Criminal cases involving 18 years of age but not less than 9 years of age.
b. Petition for guardianship
c. Adoption
d. Annulment and conjugal partnership of gain
e. Violation of RA 9165 of a minor
f. Vioation of RA 7610
g. RA 9775
h. Violation of RA 9262
i. Criminal cases involving juveniles if no preliminary investigation.
4. Sharia’s Court
Presidential Decree NO. 1083 created the Sharia’s Court, which have limited jurisdiction over the
settlements of issues, controversies or disputes pertaining to the civil relation between and among
Muslim Filipinos.
5. Court of Appeals
a. Appellate jurisdictiom : decision or judgement of the RTC
 6. Supreme Court
a. Appellate jurisdiction: Decision or judgment from the CA or Sandiganbayan

BAIL (RULE 114) - is the security given for the release of the person in custody of the law, furnished him or a
bondsman, to guarantee his appearance before any courts as required under the conditions
hereinafter specified.

Bail, where to file:

a. With the court where the case is pending.
b. Where the grant of bail is discretion the application of bail may only filed in in the court where the case is
pending
c. Any person in custody who is not yet charge in court may apply for bail with any court in the province, city
or municipality where he is held.

Bail, a matter of right: exception

All person in custody shall be admitted to bail as a matter of right, with sufficient sureties, or release on
recognizance
a. Before and after conviction by the MTC, MCTC.
b. Before conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment.

Arraignment
- A judicial process wherein an accused is summoned by the cour to answer charges made against him the
complaint or information will be read to him in an open court and asking him whether he pleads guilty or
not.
– it is the stage where the issues are joined in criminal action and without which the proceedings cannot
advance further.

- it is the stage of the proceedings whereby the accused shall be informed of his/her constitional right to be
informed of the nature and the cause of the accusation against him and ask him to his plea.

Plea – a formal statement by or on behalf of a defendant or prisoner, stating guilt or innocence in response to a
charge, offering an allegation of fact, or claiming that a point of law should apply

Motion to Quash/ Motion to Dismiss

– is a request to a court or other tribunal to render a previous decision
or proceeding null and void.
- At any time before entering his plea, the accused may move to quash the complaint or information.

Grounds to fill Motion to Quash

a. That the facts charged do not constitute an offense
b. That the court trying the case has no jurisdiction over the offense charged
c. That the court trying the case has no jurisdiction over the person accused
d. That yhe officer who filed the information had no authority to do so
e. That it does not conform substantially to the prescribed form
f. That more than one offense is charged except when single punishment for various offense is
prescribed by law
g. That the criminal action or liability has been extinguished
h. That the contains averments which, if it true, would constitute a legal excuse or justification
 i. That the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed otherwise terminated without his express consent. DOUBLE JEOPARDY

Pre Trial - a proceeding held by the judge, arbitrator, etc before a trial to simplify the issues of law and fact and
stipulate certain matters between parties, in order to expedite justice and curtail cost at the trial.

Purpose of Pre Trial

a. Plea Bargaining - is a process whereby the accused and the prosecution work out a mutually
satisfactory disposition of the case subject to court approval.
b. Stipulation of facts:
c. Marking for identification of evidence of the parties
d. Waiver of objections to admissibility of evidence
e. Modification of the order of trial if the accused admits the charge but interposes a lawfull defense
f. Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case

TRIAL – a formal examination of evidence and testimony of the witness before a tribunal/judge, and typically
before jury, in order to decide guilt in a case of criminal or civil proceedings.
-The trial after the plea of not guilty is entered, the accused shall have at least fifteen days to prepare for
trial. The trial shall commence within thirty days from receipt of the pre trial order.
Judgment
Is defined as the adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition on him of the proper penalty and civil liability, if any. It must be in written in the official
language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly
a statement of the facts and law upon which is based. (sec 1. Rule 120)

Promulgation of Judgment
The judgment is promulgated by reading it in the presence of the accused and any judge of the court in
which it was rendered. However, if the conviction is for light offense, the judgment may be pronounced in the
presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment
may be promulgated by the clerk of court.

ACQUITAL it is the finding of not guilty based on the merits. Meaning, the accused is acquitted because the
evidence does not show that is guilt is beyond reasonable doubt.

MOTION FOR RECONSIDERATION OR RECONSIDERATION

At any time before the judgment of conviction becomes final, the court may, on motion of the accused or
its own instance but with the consent of the accused, grant a new trial or reconsideration.

Grounds for New Trial

a. Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed
during the trial;
b. New and material evidence has been discovered which the accused could not with reasonable diligence
have discovered and produced at the trial and which if introduced and admitted would probably charge
the judgment. (sec2 Rule 121)

Grounds for Reconsideration

a. The court shall grant reconsideration on the ground of errors in law or fact in the judgment, which
requires no further proceedings. (sec 3 Rule 121)
Appeal is a statutory right granted to the accused or even the government in proper cases to seek remedy before
an Appellate Court for the annulment or reversal of an adverse decision or conviction rendered by the Trial Court.

Who has the right to appeal?

As a rule, this right is only granted to the convicted offender. However, the supreme court in one of its
landmark decision held that the right to appeal shall not be denied to the government prosecutor when proper.

Where to Appeal
To the Regional Trial Court – in cases decided by the Metropolitan Trial Court, MTC, MCTC
To the Court of Appeals – in cases decided by the Regional Trial Court
To the Supreme Court – in cases decided by the Court of Appeals

1. Discuss the concept of Judicial Power.

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2. What are the requisites for the valid exercise of criminal jurisdiction?
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3. How criminal jurisdiction determined?

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4. Discuss the grounds for new trial and consideration.

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Corrections –
- Deals with the punishment, treatment and incarceration of offenders.
- Is that branch of the administration of criminal justice charged with the responsibility for the custody,
supervision and rehabilitation of the convicted persons.

Correction as the fourth pillar takes over the criminal treatment once the accused, after having found guilty, is
meted out the penalty for the crime he committed. He can apply for probation or he could be turned over to a
non-institutional or institutional agency or facility for custodial treatment and rehabilitation.
Two (2) Approaches of Correction

1. Institutional Correction – Rehabilitation or correctional programs takes place inside correctional facilities
or institution such as national penitentiaries and jails.
2. Non- institutional Correction – rehabilitation or correctional programs take place within the community.
This is otherwise refers to as community- based correction. Is this approach the convict will not be placed
in correctional facility or jail.

General Function of Correction in relation to the administration of PCJS.

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

Time when corrections enter into the picture of the administration of CJS
Correctional Institutions enter into the pictures, as a rule, when the conviction of the accused has become
final and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the
enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for custody or detention
only in which case the court issues a COMMITMENT ORDER.

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

Commitment Order it is a written order of a court or authority consigning a person to jail or prison for detention.

Carpeta- refers to the institutional record of an inmate which consist of his mittimus or confinement order issued
by the court after conviction, the prosecutors information and the decisions of the trial court and appellate court,
if any; certificate of non- appeal, certificate of detention and other pertinent documents of the case.

Agencies of the government charged with correctional responsibility

1. Bureau of Correction
2. Bureau of Jail Management and Penology
3. Board of Pardon and Parole
4. Parole and Probation Administration
5. Provincial and Sub-Provincial Jails
6. Department of Social Welfare and Development

Correctional Agencies in the Philippines

1. Bureau of Corrections (BUCOR) – an agency under the Department of Justice that is charged with the
custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment
of more than three years. It exercise control and supervision of the following prison nationwide:
a. New Bilibid Prison – located at Muntinlupa
b. San Ramon Prison and Penal Farm – established in Southern Zamboanga on August 21, 1870 it is
considered as the oldest penal facility in the country and established for political offenders.
 c. Iwahig prison and Penal Farm – located at Palayan established on November 16, 1904
d. Correctional Institutuin for Women – located at Mandaluyong City established by the virtue of R.A
3579 in November 1929 and this correction facility is exclusive for women offenders.
e. Sablayan Prison and Penal Farm – located in Occidental Mindoro. Establish on September 26, 1954. It
is the youngest colony in the bureau
f. Leyte Regional Prison – situated in Abuyog, Southern Leyte, established a year after declaration of
Martial Law in 1972.
g. Davao Prison and Penal Farm – located at Tagum, Davao del Norte. Established on January 21, 1932

2. Bureau of Jail Management and Penology (BJMP) – Created under the Sec. 10 of R.A 6975 and amended
by R.A 9263. An agency under the Department of Interior and Local Government (DILG) tasked for the
custody, security and rehabilitation of convicted person with a penalty of 3 years imprisonment and
below and those pending investigation or trial.
Powers and Functions – exercise supervison and control over all district, city and municipal jails

Jails- are institution for confinement of person who are waiting for final disposition of their criminal cases
and also for the service of those convicted and punished with shorter sentences.

Types of Jails
1. Lock-up – a security facility for the temporary detention of persons held for investigation or waiting
for preliminary investigation.
2. Ordinary Jail – it houses both offenders awaiting court action and those serving short senstences
usually up to three 3 years.
3. Workhouses- Jail farm or camp houses minimum custody offenders serving short sentences with
constructive work programs. It provides full employment of prisoners, remedial services and
constructive leisure time activities.

Provincial Jails- a jail for the safekeeping of prisoners at the capital of each province, and in the absence of special
provision all expenses incident to the maintenance thereof and of maintain prisoners are borne by the provincial
government.
General categories of Inmates
1. Sentence Prisoner (Prisoner) – Convicted with Final Judgement
2. Detention Prisoner (Detainee) – Inmate who is undergoing investigation/trial or waiting for
sentencing.

Classification of Sentence Prisoners

1. Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.
2. City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
3. Provincial Prisoner- is a person who is sentenced to serve a prison sentence of 6 months and 1 day to 3
years.
4. Insular or National Prisoner – a person who is sentenced to serve a prison of three 3 years 1 day to
Reclusion Perpetua

Question:

• Cardo Dalisay was convicted to suffer the imprisonment of 3 years of imprisonment. What
correctional institution should take charge for his institutional correction? Discuss your answer.
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 Second Approach: NON – INSTITUTIONAL CORRECTIONAL
It is believed that correction and rehabilitation of convicted offenders cannot only take place
inside correctional facilities. Considering that our jails and correctional facilities are overcrowded and the high
cost of government expenses to maintain these facilities, non- institutional correction or otherwise known as
community based correction is a good alternative for imprisonment.

Probation (PD 768 as amended by RA 10707)

– is a disposition under which defendant after conviction and sentence, is related subject to conditions
imposed by the court and under the supervision of probation office.
- Is a privileged granted by the court to a person convicted of a final criminal offense to remain in the
community instead of actually going to prison.
- The punishment impose by the court is not more than 6 years

PARDON
- is an act of grace proceeding from the power entrusted with the execution of laws which exempts the
individual o whom it is bestowed from the punishment the law inflicts for the crime he has committed. It is the
power reposed by the Constitution to the President of the Philippines.
Non- Institutional Agencies.
- Is a form of executive clemency which is exercise by the Chief Executive? It is an act of grace and the
recipient of pardon is the entitled to its is as a matter of right.

Kinds of Pardon
a. Absolute Pardon – When the convicts is release without any condition.
b. Conditional Pardon – when the release of the convict is subjected to certain conditions that the pardonee
must comply with strictly. Otherwise, such pardon will be revoked, because pardon is a contract with the
convict may or may not accept, but once accepted, he has to abide with the condition prescribed.

Other forms of Executive Clemency constitutional power vested to the President to grant reprive,
commutation, and pardons after conviction by final judgement.
1. Amnesty – given by the President with the concurrence of the congress. Granted to classes of person or
communities who may be guilty of political crimes.
2. Reprives – Postpone the execution of an offense to a day certain.
3. Commutations – is remission the execution of a part of punishment; a substitution of less penalty for the
originally imposed.

PAROLE is a procedure by which prisoners are selected for release on the basis of the individual response to the
correctional institution and the service progress and by which they are provided with the necessary controls and
guidance as they serve remainder of their sentences within the free community.

Elements of Parole
a. That the offender is convicted.
b. That he serves part of his sentences in prison.
c. That he is released before the full expiration of his sentence.
d. That said released before the full expiration of his sentences.
e. That he remains on parole until the expiration of his maximum sentence.
Disqualifications:
a. Their offense are punishable with death penalty, reclusion perpetua or life imprisonment
b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of treason
rebellion, sedition or coup de etat and piracy or mutiny on high seas.
c. They are habitual delinquents.
d. They escape from confinement or evaded sentence;
e. They have been on conditional pardon and had violated any of the conditions imposed by the Board.
f. Their sentence do not exceed one 1 year.
g. They are suffering from any mental disorder as proven by the government psychiatrist or psychologist
accredited by the Department of Health.
h. They have pending criminal case.

1. Parole and Probation Administration – an attached agency of the DOJ which provides a less costly
alternative to imprisonment of offenders who are likely to respond to individualized community based
treatment programs.
2. Board of Pardon and Parole – the administrative arm of the President of the Philippines in the exercise of
his constitutional power to grant, except in cases of impeachment, pardon, reprieve and amnesty after
conviction by final judgment.
3. Department of Social Welfare and Development – Renders services for Children in Conflict with the Law
(CICL)R.A 9344 JUVENILE JUSTICE AND WELFARE ACT of 2006
Sec. 6 Minimum Age of Criminal Responsibility – a child 15 years of age or under at the time of the
commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to
an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/ she has acted with discernment,
in which case, such child shall be subjected to the appropriate proceedings in accordance with this act.
The exemption from criminal liability herein established does not included exemption from civil liability
which shall be enforced in accordance with the existing laws.

1. Provide the distinction between Institutional Correction and Non- Institutional Correction.
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2. Enumerate those offenders who are disqualified for probation.

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3. What are the benefits and advantage of probation?

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4. What are the minimum requirements for a convict to be eligible for the grant of presidential
pardon?
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5. Can the President grant pardon to those persons convicted of a crime against public order without
the favorable recommendation from the secretary of the Department of Local Government? Justify
your answer.
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