Bureau of Jail Management and Penology

PARALEGAL MANUAL
And RESOURCE BOOK

2012

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 TABLE OF CONTENTS
Page
I. Introduction

II. The Paralegal Officer

III. BJMP Guiding Principles

IV. Organization of the Paralegal Office

V. Roles and Responsibilities of Paralegal Officers

VI. Qualifications and Designation of Paralegal Officers

A. Qualifications
B. Tenure of Paralegal Officers
C. Budget of the Paralegal Office
D. Policy Regarding Paralegal Resources

VII. How to do Paralegal Work

A. Powers and Functions
B. Scope, Limitation and Conduct
C. Communication Flow and Reporting System within the Agency
D. General Guidelines in Organizing Paralegal Coordinators
E. General Guidelines for Paralegal Service Providers

VIII. The Philippine Legal System

IX. Substantive and Procedural Laws

A. Overview of the Criminal Justice System
B. Rights of the Accused
C. Overview of Criminal Laws
D. Basic Criminal Procedure

X. ANNEXES
A. Relevant BJMP Circulars
1. Standard Operating Procedures No. 2010-04, dated September
16,2010(Subject: Admission and Releasing of Inmates)
2. BJMP Code of Ethical Standards,Customs and Tradition
3. BJMP Memorandum dated March 15,2010 (Subject: Policy on Law
Student Appearing as Counsel for Detainees)
B. Relevant Laws
1. Republic Act No.6975 or The Department of the Interior and Local
Government Act of 1990
2. Republic Act No. 6127, Rights of Person Arrested, Detained or
Under Custodial Investigation.

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 3. Republic Act No. 9745 , Anti-Torture Act of 2009.
4. Republic Act 9344 or The Juvenile Justice and Welfare Act of 2006

C. Relevant Supreme Court Circulars

1. Administrative Circular No. 04-2002 (Subject:Special Treatment of
Minor Detainees and Jail Decongestion)
2. Circular No. 66-97 October 14, 1997 (Subject: Application for and
Grant of Pardon and Parole)
3. Circular No. 63-97 October 6, 1997(Subject: Modification of
Circular NO. 4-92-A On the Transfer of National Prisoners to the
Bureau of Corrections in Muntinlupa, Metro Manila)
4. Circular No. 42-93 August 27, 1993 (Subject: Issuance of
Mittimus/Commitment Order)
5. Circular No. 56-92 October 5, 1992( Subject: Speedy Disposition of
Criminal Cases with detention Prisoners and with Witness
Protection, Security and Benefit (WPSB) Witnesses)
6. Circular No. 4-92-A April 20, 1992 (Subject: Amending Circular No.
4-92)

D. Relevant International Instruments

1. The UN Standard Minimum Rules for the Treatment of Prisoners
2. The UN Rules for the Protection of Juveniles Deprived of Their
Liberty
3. The UN Standard Minimum Rules for the Administration of Juvenile
Justice
4. The UN Code of Conduct for Law Enforcement Officials
5. The UN Standard Minimum Rules for Non-custodial Measures
6. The UN Basic Principles on the Role of Lawyers

E. Guidelines on Interviewing Inmates

F. Basic Legal Forms

G. Intake and Release Procedures

H. A Guide to Early Release

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 ABBREVIATIONS

AFP Armed Forces of the Philippines

BPP Board of Pardons and Parole
BuCor Bureau of Corrections
CICL Children in Conflict with the Law
COMELEC Commission on Elections
DILG Department of Interior and Local Government
DIWD Directorate for Inmates Welfare and Development
DOJ Department of Justice
DWSD Department of Social Welfare and Development
LSWDO Local Social Welfare and Development Officer
MCTC Municipal Circuit Trial Courts
MOU Memorandum of Understanding
MTC Municipal Trial Courts
NBI National Bureau of Investigation
NGO Non-Governmental Organization
OLS Office of Legal Services
PAO Public Attorney‟s Office
PNP Philippine National Police
PPA Parole and Probation Administration
RPC Revised Penal Code
RTC Regional Trial Court
SMS Short Messaging Service

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 INTRODUCTION
The Bureau of Jail Management and Penology (BJMP) was created pursuant to
Section 60 of Republic Act No. 6975, otherwise known as the Department of Interior
and Local Government Act of 1990. RA No. 6975 mandates the BJMP or the Jail
Bureau to establish secure, adequately equipped and sanitary detention facilities for
prisoners. It also directs it to provide quality services for the custody, safekeeping
and development of city, district and municipal inmates, including any fugitive from
justice or person detained who is awaiting or undergoing investigation/ trial and/or
transfer to the National Penitentiary. Furthermore, the Jail Bureau also takes charge
of safekeeping violent mentally ill persons who are a danger to themselves and to
others, pending their transfer to a mental institution.

The BJMP runs flagship programs namely – first inmate custody, security &control,
inmate welfare and development, decongestion, and good governance. All these
programs are aimed at eliminating the criminal motivations of inmates and reforming
them to become law abiding and productive citizens. The Jail Bureau‟s specific
functions include the formulation of policies and guidelines in the administration of all
district, city, and municipal jails nationwide; the implementation of strong security
measures for the control of inmates; the provision of the basic needs of inmates; the
conduct of activities for the development of inmates; the improvement of jail facilities;
and the promotion of the general welfare and development of its personnel (BJMP
Manual, 2007). The Bureau strives to uphold the United Nations Standard Minimum
Rules in the Treatment of Prisoners in its operations.

In 1993, the Jail Bureau launched a jail decongestion program that helped detainees
avail of legal remedies for their early release from jail. The BJMP‟s Paralegal Unit
under the Legal Services spearheaded this program and it was successful in
assisting inmates under the Jail Bureau‟s custody. In 2011, BJMP enhanced its
program thrust to include the promotion of Restorative Justice and the
implementation of community-based support services for inmates. It also continued
its jail decongestion program and its provision of basic needs of inmates.

With the increasing number of detainees in its 1,426 jails nationwide, the BJMP
realized that its paralegal officers needed more knowledge about the law in order for
them to effectively assist detainees in exercising their rights. It was for this purpose
that this Paralegal Manual was conceived.

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In partnership with the Humanitarian Legal Assistance Foundation (HLAF), a
committed NGO partner of the BJMP, this manual was developed to provide the
agency‟s paralegal officers with a clear understanding of the Philippine Legal
System, their roles and responsibilities as paralegal officers, the legal remedies
available to inmates, and the structures, systems, guidelines and approaches in
dealing with the pillars of the criminal justice system. The succeeding sections
clearly discuss these topics.

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I. THE PARALEGAL OFFICER
A Paralegal Officer is a person with legal skills, but who is not a lawyer. They are
also called legal assistants. Besides the mastery of procedural rules and substantive
legal principles, a Paralegal Officer must also possess the following skills and
competencies in order to effectively assist inmates:
 Ability to inform and assist inmates on appropriate remedies regarding their
cases
 Good communication skills (oral and written)
 Effective listening skills
 Basic counseling skills
 Good analytical skills which involves identifying and organizing information
and examining them in the light of a relevant rule of law
 Computers skills
 Interviewing and investigating skills
 Organization and record keeping skills
 Training and facilitation skills
 Networking and advocacy skills
 Researching skills
 Administrative skills

Paralegal services are provided to all the inmate clients of the BJMP. The BJMP
designates Paralegal Officers in every municipality, district and city jail. There are
also Paralegals stationed in regions and provinces. These Paralegals play an
important role in ensuring that the rights of inmates are protected and upheld. The
BJMP issued a series of memoranda on procedures which must be followed by its
officers in rendering paralegal services. These documents outline the measures in
assisting inmates (Annex A).

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II. BJMP GUIDING PRINCIPLES
A. Principles Guiding BJMP Officers
BJMP officers, including Paralegal Officers, are guided by the following principles in the
conduct of their work:
 Every inmate is a unique and complex individual with different developmental
needs that require an individual approach.
 The inherent worth, dignity, health, and safety of inmates must be respected
at all times. Their human rights must always be upheld.
 All inmates have equal opportunities to avail of the Paralegal Program
regardless of age, race, gender, belief, economic condition and gravity of the
crime alleged.
 Every inmate has the capacity for change, growth, and development.
 In treating inmates, constructive activities are better than enforced idleness.
 The community is a partner in the development of inmates.
 The over-all security of the jail personnel shall not be compromised.
 The Paralegal Officer is a role model and an agent of change.

B. Work Ethics of Paralegal Officersi

 Impersonation– A paralegal is not a lawyer and is not allowed to practice law.
Impersonation is a crime.
 Confidentiality– A paralegal should not divulge information about his/her
client/s unless reporting to a referral agency where assistance is sought.
Client information should be kept confidential.
 Politeness– Clients should always be treated with respect and courtesy.
 Promptness– Prompt services should always be provided. Keeping people
waiting unnecessarily is a sign of inefficiency.
 Impartiality– A paralegal must always be unbiased and impartial. Do not
handle cases in which you have an interest so as not to run the risk of taking
sides. Always refer such cases to another paralegal or legal aid clinic.
 Fairness and Justice– Always be fair in your decisions. Do not let your
culture, emotions or religion weigh heavily in the decisions you make or
advice that you give, make sure you are just and fair.

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 Things a Paralegal must never do:

 Never claim to be a lawyer. You are not one.

 Never charge fees for your service. Do not accept any kind of payment
from your client including presents. If you do, you may make the paralegal
scheme to fail.
 Never ask for or receive any form of payment (e.g., cash or in kind) for
services or counseling that you rendered. The services of a paralegal are
free.
 Never meddle in complex legal problems or issues. Always refer cases
that you are not able to handle
 Never take the position of a judge in any matter
 Never lose your temper even when people are rude to you.
 Never discuss a client„s case with friends or relations.

III. ORGANIZATION OF THE PARALEGAL OFFICE

A. Establishment of Paralegal Offices

 There shall be a Paralegal Monitoring Section in the BJMP National

Headquarters under the Directorate for Inmates Welfare and Development
(DIWD) and Paralegal Operation Section under the Office of the Legal
Service (OLS).
 In every Regional Office of the BJMP, there shall be a Regional Paralegal
Monitoring Section which shall be under the Inmates Welfare and
Development Division. There shall also be a Regional Paralegal Operation
Section which shall be automatically headed by the Legal Officer of each
region.
 In every Provincial Jail Administrator‟s Office of the BJMP, there shall be a
Provincial Paralegal Office which shall be headed by the Provincial Paralegal
Officer (PPO).
 In the jails, the Jail Warden is tasked to supervise the operations of the
paralegal unit. His/ her responsibilities also include:
 Ensuring that reports submitted to the Provincial Office are correct and
updated
 Ensuring that the budget for paralegal work is properly released and
accounted for

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  Ensuring that all concerned agencies and persons shall be informed of
the commitment and release of inmates in his/her jail through the
submission of a written report
 Supervising the work of the paralegal officer, ensuring that cases of
inmates are being attended to by the courts and prosecutor‟s office
 Administering sanctions and other disciplinary actions on inmates or
personnel under their commend for disobedience or infraction of orders

B. Number of Paralegal Officers in Each Jail

Each jail must have one (1) Paralegal Officer. A jail shall have more than one
Paralegal Officer if its population exceeds 500 inmates. The standard ratio of
Paralegal Officers to inmates is one Unit Paralegal Officer (UPO) per 500 inmates
(1:500). Each Provincial Jail Administrator‟s Office shall have only one (1) Paralegal
Officer.

C. Policy on Designation as Paralegal Officer

A Paralegal Officer of a jail with at least 100 inmates shall not be given any other
function or duty. Paralegal Officers of jails with less than 100 inmates, as well as
Provincial Paralegal Officers, may be given other functions in addition to their duties
and responsibilities.

D. Budget for Paralegal Office

The Jail Paralegal Office should be provided with a budget per inmate per month.
The Jail Paralegal Office should use this budget solely for transportation expenses
incurred in following up the cases of the inmates and for photocopying documents
that are necessary to avail of the modes of early releases.

IV. ROLES AND RESPONSIBILITIES OF PARALEGAL OFFICERS

A. Chief, Paralegal Monitoring Section under the DIWD
 In coordination with the Chief of the Paralegal Operations Section, plans and
implements a program that will monitor the case status of inmates in BJMP
jails, especially those who have no means of securing the service of lawyers
 Plans and coordinates with other Directorates and Offices in the BJMP
regarding paralegal activities/program for the calendar year

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  Develops and implements programs that would encourage the involvement of
other government agencies and NGOs to decongest jails and to promote the
speedy disposition of cases
 Represents the Bureau, upon authority given by the Chief of the BJMP and/or
the Directorof the Directorate for Inmates Welfare and Development (DIWD),
in meetings/ activities with other agencies on matters/issues involving
paralegal concerns
 Collates monthly paralegal reports from different regions and submits a
summary of the reports to the DIWD every 30th of the month
 Submits an annual paralegal accomplishment report to the Director for DIWD
every 30th of January
 Collates and analyzes all the reports coming from the field and recommends
measures to be undertaken by the Bureau based on these reports
 Formulates policies and programs in coordination with the Office of the Legal
Service (OLS), which upon approval by the Bureau, will serve as guidelines to
be adopted by Paralegal Officers nationwide
 Initiates the periodic review of this Paralegal Manual every five years
 Coordinates with Justice Sector Agencies (i.e., PAO, Prosecutor, Supreme
Court, BPP, PPA, BuCor, etc.) to promote jail decongestion and speedy
disposition of cases of inmates
 Coordinates with the DOJ, DSWD and JJWC on matters relating to Juvenile
Justice and Children in Conflict with the Law (CICL)
 Conducts surprise inspections of jails nationwide to determine if Paralegal
Programs are implemented in coordination withthe Paralegal Operations
Section
 Performs other duties that may be assigned to him by the DIWD or the Chief
BJMP

B. Chief, Paralegal Operations Section under the Office of the Legal

Service
 In coordination with the Chief of the Paralegal Monitoring Section, plans and
implements programs that will monitor the case status of inmates in BJMP
jails, especially those who have no means of securing the services of lawyers
 Develops and implements programs that would encourage the involvement of
other government agencies and NGOs to decongest jails and to promote the
speedy disposition of cases
 Represents the Bureau upon authority given by the Chief of the BJMP and/or
the Chief of Office of the Legal Service in other agencies on matters/issues
that involve paralegal concerns

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  Submits to the DIWD an annual plan of activities to promote jail decongestion,
speedy disposition of cases and other paralegal programs
 Formulates and implements the plans and programs that promote Restorative
Justice and other alternatives to imprisonment
 Exercises operational control over all Regional Paralegals, Provincial
Paralegals, and UPOs
 Exercises general supervision over all Paralegal Volunteers, NGOs and other
organizations conducting Paralegal Programs or Jail Decongestion Programs
in BJMP Jails
 Formulates policies and programs in coordination with the DIWD, which upon
approval by the Bureau, will serve as guidelines to be adopted by Paralegal
Officers nationwide
 Initiates the periodic review of this Paralegal Manual every five years.
 Coordinates with Justice Sector Agencies (i.e., PAO, Prosecutor, Supreme
Court, BPP, PPA, BuCor, etc.) to promote jail decongestion and speedy
disposition of cases of inmates
 Coordinates with the DOJ, DSWD and JJWC on matters relating to Juvenile
Justice and CICL
 Conducts training seminars, activities, and programs for the enhancement of
the competencies (i.e., knowledge and skills) of Paralegal Officers nationwide
 Together with DIWD, conducts surprise inspections of jails nationwide to
determine if Paralegal Programs are implemented in coordination with DIWD
 Performs other duties that may be assigned to him by the Chief of the Office
of Legal Service or by the Chief of the BJMP

C. Regional Paralegal Monitoring Officer

 In close coordination with the Regional Paralegal Operations Section, collates
and reviews the reports of Jail Unit Paralegal Officers (JPO) and undertakes
initial actions
 Endorses to the Chief of theParalegal Monitoring Section and Chief of the
Paralegal Operations Section cases that need to be acted upon by a national
agency, if the jail does not have the resources to coordinate with such
appropriate national agency or LGU
 Coordinates with the regional offices of the Justice and Welfare Sector
Agencies (e.g. PAO, PPA, LSWDO) on matters relating to jail decongestion,
and speedy disposition of cases and concerns affecting Juvenile Justice and
CICL
 Disseminates policies and guidelines affecting the Paralegal Program to
Provincial and Unit Paralegal Offices

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  Recommends policies to the Chief of theParalegal Monitoring Section and
Chief of the Paralegal Operations Section
 Submits a report to the Chief of theParalegal Monitoring Section of the DIWD
every 25th of the month
 Submits an annual accomplishment report every 25th of January.
 Ensures that paralegal services are provided in every jail in the region
irrespective of the number of the jail population
 Conducts surprise inspections of jails in the region to determine if Paralegal
Programs are implemented
 Performs other functions that may be assigned to him/her by the Regional
Director

D. Regional Paralegal Operations Officer

1. Reviews the reports of Unit Paralegal Officers and undertake initial actions, in
close coordination with Regional Paralegal Monitoring Section.
2. Endorses to the Chief, Paralegal Monitoring Section and Chief, Paralegal
Operations Section cases that need to be acted upon by a national agency, if
the region does not have the resources to coordinate with such national
agency.
3. Coordinates with the regional offices of the Justice Sector Agencies (e.g.
PAO, PPA, LSWDO) on matters relating to jail decongestion and speedy
disposition of cases, especially on concerns affecting Juvenile Justice and
CICL
4. Disseminates policies and guidelines affecting Paralegal Program to
Provincial and Unit Paralegal Offices
5. Conducts training seminars,workshops, and other programs at the regional
level that enhance the competencies (e.g., knowledge and skills) of Unit
Paralegal Officers
6. Formulates plans and programs to enhance paralegal services
7. Recommends policies to the Chief, Paralegal Monitoring Section and Chief,
Paralegal Operations Section
8. Ensures that paralegal services are provided in every jail in the region
irrespective of the number of the jail population
9. Ensures that the policies and activities of the paralegal program are strictly
implemented in the jails
10. Conducts surprise inspections of jails in the region to determine if paralegal
programs are implemented
11. Performs other functions that may be assigned to him/her by the Regional
Director

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E. Provincial Paralegal Officer (PPO)
 Collates and reviews the reports of Unit Paralegal Officers and recommends
necessary actions
 Endorses to the Regional Paralegal MonitoringOfficerand Regional Paralegal
Operations Officer cases that need to be acted upon by a national agency if
the province does not have the resources to coordinate with such national
agency
 Coordinates with the provincial offices of the Justice Sector Agencies (e.g.
PAO, PPA, LSWDO) on matters relating to jail decongestion and speedy
disposition of cases, especially on concerns affecting Juvenile Justice and
CICL
 Conducts training seminars, activities, and other programs that enhance the
competencies (e.g., knowledge and skills) of Unit Paralegal Officers (UPO)at
the provincial level
 Formulates plans to enhance paralegal services
 Recommends policies to the Regional Paralegal Monitoring Officer and
Regional Paralegal Operations Officer
 Submits a report to the Regional Paralegal Monitoring Officer every 20th of the
month using the BJMP pres forms/tools
 Submits an annual accomplishment report every 20th of January
 Disseminates paralegal policies and guidelines to Unit Paralegal Officers
(UPOs)
 Ensures that paralegal services are provided in every jail in the province
irrespective of the number of the jail population
 Ensures that the policies and activities of the paralegal program are strictly
implemented in the jails
 Conducts surprise inspections of jails in the region to determine if paralegal
programs are implemented
 Performs other functions that may be assigned to him/her by the Jail
Provincial Administrator

F. Unit Paralegal Officer (UPO)

 Monitors the case status of inmates in court and acts appropriately on cases
that qualify for early release
 Assists inmates to avail of any of the modes for early release

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  Endorses to the Provincial Paralegal Officers cases that need to be acted
upon by a provincial agency or an agency within the territorial jurisdiction of
the province, if the jail does not have the resources to coordinate with such an
agency
 Endorses to the Provincial Paralegal Officers cases that need to be acted
upon by a national agency, if the jail does not have the resources to
coordinate with such an agency
 Coordinates with other sections in the jail in the conduct of paralegal activities
 Coordinates with Local Justice and Welfare Sector Agencies (e.g., PAO,
Prosecutors, Courts, BPP, PPA, and LSWDO) in order to protect and to
promote the rights of inmates, especially CICL
 Coordinates and supervises Paralegal Volunteers,service providers and other
organizations that provide paralegal services in the jails
 Oversees the organization of a pool of Paralegal Coordinators among the
inmates for the purpose of attaining the objectives of his/her office
 Supervises, trains, and leads Paralegal Coordinators to promote awareness
of inmates‟ rights, relevant laws, and the modes of releases
 Enforces uniform guidelines for Paralegal Volunteers and NGOs providing
paralegal services in jails, in harmony with the issuances of the BJMP
National Headquarters
 Implements, develops, and plansprograms and activities to enhance
paralegal services
 Recommends the adoption of policies to the Provincial Paralegal Officer
 Submits paralegal reports to the Provincial Paralegal Officer not later than
every 10thday of the each month
 Submits an annual accomplishment report not later than the 10th of January of
each year

V. QUALIFICATIONS AND DESIGNATION OF PARALEGAL

OFFICERS
A. Qualifications of a Paralegal Officer
Paralegal Officers shall have the following minimum qualifications:
 Graduate of any Bachelor‟s Degree(with LLB units/background in law helpful,
but not required)
 Good oral and written communication skills
 Has some experience in training/ teaching
 Able to get along well with others

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  Dedicated and with strong motivation for humanitarian work; and
 With personal integrity and good reputation

In addition to the minimum qualifications mentioned above, Paralegal Officers must also
have knowledge and understanding on existing laws and must be familiar with the
different guidelines and policies issued by the BJMP and theSupreme Court on how
they can assist inmates claim and exercise their rights.

B. Tenure of Paralegal Officers

The maximum tenure of Paralegal Officers in specific jails is three (3) years. After this
period, they may be assigned as Paralegal Officers in other units/jails within the
region,subject to the discretion of the ChiefParalegal Operations Officer.

C. Policy onUse of Paralegal Resources

Jail Paralegal Officers should refrain from accepting money and other material
considerations from inmates and their relatives/friends in the conduct of their duties.
Their services are rendered for free.

VI. HOW TO DO PARALEGAL WORK

A. Powers and Functions

1. Identification of Services to be Provided

A Paralegal Officer must possess a master list of all inmates under his/her
jurisdiction. The list determinesthe status of the inmates which can be used
toidentifywhat form of assistance can be extended andto prioritize inmates
who might already be qualified for early release.(Annex H)

2. Case Status Monitoring

Monitoring the status of a case/s pending before the court is one of the main
tasks of a Paralegal Officer. The status of a case can be monitored by:
 Utililizing the National Inmates Monitoring System (NIMS) to monitor and
be updated with the status of inmates
 Giving the inmates an Inmate‟s Case Notebook to record the details of
their cases

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  Asking the inmate what happened during their last hearing
 Asking the lawyer/Public Attorney regarding the status of the case
 Asking the Prosecutor regarding the status of the case
 Going to court and formally requesting for information regarding the case if
needed.

By diligently tracking the status of the cases, the Paralegal Officer is able to
identify possible clients who are qualified to avail of the different modes of
early release.

3. Authority to Access Inmate Case Records

The Code of Ethical Standards, Customs, and Tradition mandates all
BJMP personnel to guard the confidentiality of classified information as
determined by the Jail Bureau against unauthorized disclosure, including
confidential aspects of official business, special orders, communication and
other documents, roster or any position thereof, contents of jail records,
identities of persons who may have given him information in
confidence.Hence, permission from the inmate must be secured and
adherence to existing guidelines prescribed by the Court applies.

B. Scope, Limitations and Conduct

1. General Ethics

The Jail Bureau requires that all BJMP members perform their duties with
excellence, competence, integrity, intelligence and expertise in the application
of specialized skill and technical knowledge. Paralegal Officers are expected to
perform their duties in a professional manner.

2. Relationship with Persons Deprived of Liberty

The Philippines is a signatory to the UN Standard Minimum Rules for the

Treatment of Prisoners. As such, the BJMP and its personnel are called to apply
the Rules without discrimination on the grounds of sex, religion, political opinions,
social origin, property ,birth, case or other status. The Jail Bureau‟s Code of
Ethical Standards reiterates this call and instructs its officers and personnel to
respect human dignity and protect the inalienable rights of a person to life, liberty
and property in accordance with existing laws and regulations. Furthermore, the
BJMP shall exercise proper and legitimate use of authority in the performance of

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their duties and in no case shall it be used to exact favors from inmates, nor such
favors given in exchange for uncommon or extra privileges.(Annex D)

3. Relationship with Defense Counsel

The Paralegal Officer must work together with the attorney representing the
inmate. BJMP Memorandum dated 4 July 2003 states that lawyers from the PAO
can visit the inmate anytime and the warden must provide the necessary
documents needed to facilitate the disposition of the case.

4. Relationship with Courts

Paralegal Officers shallfollow logical procedures in accomplishing tasks assigned

to them to minimize waste in the use of time, money, resources and effort. Once
an inmate is admitted in the jail, the concerned court must be notified by the Jail
Warden though a formal communication and thereafter proper coordination must
be established with the objective of facilitating the disposition of the case.

5. Relationship with NGOs and Paralegal Volunteers

Paralegal Service Providers are agencies/ organizations or individuals that

conduct free paralegal services in jails and detention facilities. They may either
be government agencies, NGOs, academic, or private institutions (e.g., faith-
based groups). BJMP officers should coordinate with them to ensure the efficient
and effective delivery of services to inmates. The Jail Bureau shall enter into a
Memorandum of Agreement (MOA) with the agencies applying for accreditation
to conduct paralegal work/services and indicate in the MOA clear guidelines on
the confidentiality of records and respect for the right to privacy of inmates. The
effectivity of the MOA is for one year. Service providers must also regularly
provide the concerned Jail Paralegal Unit with a written report on the list of
inmates being assisted and the status of their cases to ensure that services are
not duplicated.

6. Relationship with Other Correctional Agencies

Once an inmate is admitted in the jail, other concerned agencies must be notified
by the Jail Warden though a formal communication. Thereafter, proper
coordination must be established with the objective of facilitating the inmate‟s
after care or reintegration program.

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 7. Relationship with Law Enforcement Officers

The Bureau mandates the Jail Warden to inform the PNP upon the commitment
of an inmate.

8. Relationship with Other Government Agencies

A Paralegal must be able to efficiently coordinate with Justice and Welfare Sector
Agencies (i.e., Courts, PAO, Prosecutor, Parole and Probation Officers, LSWDO)
in the disposition of the cases of inmates. Due to the heavy workload of these
agencies, some of them might need to be reminded of the cases pending before
their offices. A simple note or phone call can result in the speedy settlement of
cases. Other ways of coordinating with the Justice agencies are as follows:
writing them a formal letter, sending them a facsimile, sending them an email,
sending them an SMS, or personally visiting them.
As a matter of courtesy, initial coordination should always be made by formally
writing the agency. Upon the favorable response of the agency, the Paralegal
Officer can now contact them. The Paralegal Officer may also recommend to the
Jail Warden to enter into a Memorandum of Understanding (MOU) with the
Justice Sector Agencies and existing LGU mechanisms /structure within the
locality, in order to facilitate access to justice, promote jail decongestion and
solicit support for the speedy disposition of cases. The paralegal officer shall at
all times observe respect and courtesy in dealing with the officers of the other
Justice Sector Agencies.

C. Communication, Flow and Reporting System within the Agency

The BJMP Standard Operation Procedures (Number 2010-04) describes the flow and
reporting systems within the agency. These can be found in the Annex A.

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D. General Guidelines in Organizing Paralegal Coordinators
A Paralegal Coordinator is a volunteer inmate who renders paralegal service free of
charge. A Paralegal Coordinator should have the following competencies:
 Knows how to read and write
 Preferably with secondary education
 Must have demonstrated willingness to help other inmates; and
 With no previous violation of jail rules and regulations

The number of paralegal coordinator shall depend on the number of dorms/cells in

concerned jail. It is necessary to organize a pool of Paralegal Coordinators in the jails to
help the Paralegal Officer monitor the status of the cases in particular dorms/ cells.
Ideally, there should be at least two Paralegal Coordinators per cell, but if the number
would become impractical for security and logistical reasons, the Paralegal Officer in
his/her discretion should set the needed number of Paralegal Coordinators.

The primary responsibility of the Paralegal Coordinator is to bring the legal concerns of
inmate to the Paralegal Officer. He may also perform other paralegal services and
functions upon the instruction of the Paralegal Officer and approval of the Warden.
Paralegal Coordinators, need to be trained on Basic Criminal Procedure, Basic Modes
of Releases, Rights of the Accused and other relevant laws. If the Paralegal Officer
feels that he/she cannot conduct the training by himself, he/she may invite experts to
assist in conducting the seminars. Lawyers from the PAO or the local IBP chapters can
help discuss criminal law, criminal procedure and the rights of the accused during
training activities. Parole and Probation Officers of the locality may also be invited to
discuss Parole, Probation and Executive Clemency procedures.

The Paralegal Officer should ensure that Paralegal Coordinators do their job well and
render their services for free. No Paralegal Coordinator should be allowed to receive
monetary remuneration for paralegal services provided to fellow inmates.

Paralegal Officers should hold meetings with Paralegal Coordinators at least twice a
week to obtain updates on the cases, especially those that require immediate
coordination with Justice Sector Agencies.

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E. General Guidelines for Paralegal Service Providers
1. Public vs. Confidential

In line with its Decongestion Program, the Jail Bureau encourages

partnership with service providers, but laws and protocols provide that a
certain degree of confidentiality as to records of inmates must be observed. It
is understoodthat no records/documents must be released without the
consent of the inmate or court order if the law requires so

2. Memorandum of Agreement

Every service provider who would like to implement a paralegal program in a

jail must submit a letter of application to the concerned jail warden.The
warden shall forward the application, with the corresponding requirements, to
the National Head Quarters for approval.The Jail Bureau will either accept or
disapprove the application. Upon approval of the application, the service
provider and the jail warden will enter into a MOA which will contain the terms
and condition of the partnership. The MOA serves as an evidence that the
service provider is recognized and accredited by the BJMP.

3. Guidelines for Paralegal Service Providers

 Volunteer Organization/Agency
The Volunteer Organization will work under the supervision of the Jail
Paralegal Officer. It should submit a written report on the status of the
work being done in the jail on a regular basis. The organization is required
to abide by the ethical requirements for paralegal volunteers and the rules
on confidentiality. The Jail Paralegal Unit will evaluate their performance
accordingly.

 Inmate Paralegal
The Paralegal Officer will conduct a jail-wide recruitment process to
identify inmates who can work as paralegals.Applicants will be asked to fill
up an application form and undergo a recruitment process.Once his/her
application is approved by the Jail Warden, upon the recommendation of
the Paralegal Officer, he/she will undergo a series of training/seminars on
paralegal work.

The Inmate Paralegal will work under the supervision of the Jail Paralegal
Officer. He/she is obliged to follow rules on confidentiality, to abide by

21
 ethical requirements for paralegal volunteers, andto submit written reports
on status of work and accomplishments using the prescribed form.His/her
performance will be assessed accordingly.

 Paralegal Volunteer
An individual who desires to do paralegal work must comply with the
requirements prescribed by the Jail Bureau. He/she shall follow the rules
and regulations indicated in his/her accreditation issued as Paralegal
Volunteer.In case of discontinuance, a letter of withdrawal shall be
submitted to the Jail Warden which will be forwarded to the NHQ.This is
necessary for the protection of the inmates and BJMP.

VII. THE PHILIPPINE LEGAL SYSTEM

A solid grasp of the Philippine Legal System is essential for a Paralegal Officer to
provide the best possible assistance to an inmate. This section provides an overview of
the Philippine Legal System, the three branches of the government, the agencies under
these branches, the pillars of the justice system, and the hierarchy of laws.

A. The Philippine Constitution

Our study of the Philippine Legal System begins with a basic understanding of the
Philippine Constitution. It is important to know the Constitution because it contains
the basic principles and laws of a nation and determines the powers and duties of
the Government. Furthermore, the Constitution guarantees the rights of people in a
society (Merriam-Webster, 2011). In a nutshell, the Constitution is the fundamental
law of the land. It was created for people and by the people. In the case of the 1987
Constitution, the Filipinos voted in a referendum and agreed to be bound by the
Constitution. The Constitution is like a written contract entered into by the people in
a society in order to establish a certain type of government.
The Philippines is a presidential form of government composed of three co-equal
branches namely, the Executive, the Legislative, and the Judicial branches.

22
B. The Three Branches of Government and Other Agencies

CONSTITUTION

Legislative Judicial Executive

Judiciary
Figure 1: Three Branches of the Government

1. The Executive Branch

The Executive branch of government corresponds to the holder of the executive
power. Such power is vested in the President of the Philippines (Sec. 1, Art. VII,
Philippine Constitution, 1987). The President has control over all the executive
departments, bureaus, and offices (Sec. 17, Art. VII, Philippine Constitution, 1987).
As President, he controls a number of agencies including the executive
departments, such as the Department of Foreign Affairs (DFA), Department of
Justice (DOJ), Department of Interior and Local Government (DILG), Department of
Social Welfare and Development (DSWD), Department of Tourism (DOT), and the
Department of Education (DepEd). He also controls the bureaus and offices
attached to or under the abovementioned departments. The Bureau of Corrections,
National Bureau of Investigation, the Public Attorney‟s Office and the National
Prosecution Office, for instance, are under the authority of the President through the
DOJ. The Philippine National Police, the BJMP, and the Bureau of Fire Protection
are likewise under the jurisdiction of the President through the DILG.
The powers of a President are potent. He can alter, modify, nullify or set aside what
a subordinate officer has done in the performance of his duties and to overrule the
decisions of his officers (Bernas, 1996, p. 774). As the Chief Executive of the
Government, he ensures that all laws are faithfully executed (Sec. 17, Art. VII,
Philippine Constitution, 1987).

23
2. The Legislative Branch
The Legislative power of the government is vested in the Congress of the Philippines
(Sec. 1, Art VI, Philippine Constitution, 1987). Such power gives Congress the
authority to make, to revise, and to repeal laws (Bernas, 1996, p. 601). Technically
speaking, it is the people who should be the one to make their own laws. This
power is inherent in the people who have formed themselves into a society.
However, through the 1987 Constitution, that power has been delegated to
Congress, the Legislative Branch of the Government.
The Congress of the Philippines is composed of the Senate and the House of
Representatives (Sec. 1, Art. VI, Philippine Constitution, 1987). The Senate is the
higher house, the camaraalta, while the House of Representative is the lower house
or the camarabaja. Twenty-four (24) senators compose the Senate (Sec 2, Art. VI,
Philippine Constitution, 1987), while 250 members comprise the House of
Representatives (Sec. 5, Art. VI, Philippine Constitution, 1987). With the advent of
the party list system, the membership of the House of Representatives grew from
250 to 283representatives.

3. The Judicial Branch

The Judicial branch, the division which holds the judicial power. This power is
vested in the Supreme Court and in the lower courts as established by law (Sec. 1,
Art. VIII, Philippine Constitution, 1987), such as the Court of Appeals,
Sandiganbayan, Court of Tax Appeals, the Regional Trial Court (RTC) and the
Municipal Trial Courts (MTC), Metropolitan Trial Courts, Municipal Trial Courts in
Cities and the Municipal Circuit Trial Courts (MCTC). 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 were
grave abuse of discretion was exercised by any branch of the Government (Sec.
1,Article VIII,Philippine Constitution). In a nutshell, the Supreme Courts interprets the
laws, including the Constitution, in order to settle disputes.

24
 Figure 2: The Judicial Branch
http://www.google.com/imgres

4. Constitutional Commissions/Independent Offices

Aside from the three branches of the government, the 1987 Constitution created
independent offices. These offices are autonomous from the three branches, but
they exist to provide essential services to the Government. These offices are the
Civil Service Commission (Art. IX-B, Philippine Constitution, 1987), the Commission
on Elections (Art. IX-C, Philippine Constitution, 1987) and the Commission on Audit
(Art. IX-D, Philippine Constitution, 1987). Although not in the nature of a
constitutional commission, the Office of the Ombudsman (Sec. 5, Art. XI, Philippine

25
Constitution, 1987) and the Commission on Human Rights (Sec. 17, Art. XIII,
Philippine Constitution, 1987) share the independence of constitutional
commissions.

5. The Local Government Units

The 1987 Constitution has also created five Local Government Units (LGUs)
namely, the provinces, cities, municipalities, the barangays, and the Autonomous
Regions (Sec 1, Art. X, Philippine Constitution, 1987). These LGUs enjoy local
autonomy (Sec 2, Art. X, Philippine Constitution, 1987) and they are expected to
exercise powers for efficient and effective governance and to implement programs
for the general welfare of the people (Sec. 16, Local Government Code, 1991).
These LGUs also have their respective executive and legislative offices.

C. Principles that Bind the Three Branches

Separation of Powers
The three branches of the government are co-equal branches, which mean that no
branch is higher than the other. As co-equals, they have been vested by the
Constitution with separate powers of their own. The powers of each branch cannot
encroach on the other. For example, the President cannot make laws, unless
otherwise delegated by congress, in as much as the Congress cannot execute the
laws. The judges can only interpret the laws made by Congress, but they can never
make laws. Each branch should respect the powers of the other, otherwise a
constitutional crisis may occur.

Checks and Balances

Although there is a separation of powers among the branches of the government,
the 1987 Constitution has put in place adequate checks and balances to prevent one
branch of government from abusing its own power.

26
 Figure 3: Constitutional Checks and Balance1

http://www.google.com/imgres?imgurl=http://home.sjfc.edu/cals/units/dominick/candb.gif&imgrefurl

In Figure 3 above, we can see that:

 As a check to the Executive branch, the Legislative branch (i.e., Congress)
approves presidential nominations through the Commission on Appointments.
Congress also controls the budget of the Executive and Judicial Departments
and confirms through the Commission on Appointments, the nominees to the
judiciary.
 The Executive Branch, on the other hand, can veto a congressional
legislation as a check on Congress. As a check on the judiciary, the
President nominates judges.
 Finally, the Judicial Branch can declare both the acts of Congress and the
President as unconstitutional.

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D. Hierarchy of the Laws
It has been explained that the Constitution is the basic law that is followed by the
Government. The paragraphs above have also discussed the powers of the
Legislature. What then is the difference between the Constitution and the laws that
have been passed by Congress?

“The Constitution is the work or will of the people themselves, in their original,
sovereign and unlimited capacity. Law is the work or will of the legislature in their
derivative and subordinate capacity. One is the work of the creator, and the other of
the creature.” (Bernas, 1996, p. 601). In other words, the constitution is the creation
of the people, while laws confer derivative legislative power to the legislature.

ORDINANCES

ADMINISTRATIVE
ISSUANCES
LAWS, TREATIES AND
JURISPRUDENCE

CONSTITUTION
Figure 4: Hierarchy of Laws in the Philippines

Source: http://thechinadesk.wordpress.com/2007/02/11/the-myth-of-checks-and-balances-2/

Figure 4 shows the hierarchy of laws in the Philippines. At the base of the pyramid
is the fundamental law, the Constitution, which guides all matters with respect to the
workings of the Government. Next to the Constitution are the laws passed by the
legislative branch, including the treaties entered into by the Executive Branch, those
ratified by the Senate (Sec. 2, Art. II, Philippine Constitution, 1987), and the
decisions of the Supreme Court (Art. 8, Civil Code of the Philippines).

Next to laws, treaties and jurisprudence are the administrative issuances which are
only valid if they are not contrary to the laws and to the Constitution (Art. 7, Civil
Code of the Philippines). Lastly, there are also ordinances, which are the
enactments of the LGUs. Ordinances cannot go against administrative issuances,
laws, treaties, jurisprudence, and the Constitution.

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E. The Government and the Criminal Justice System
Since we are studying the structure of the Government, we must look into the
branches and their relation to the Criminal Justice System.

LEGISLATIVE EXECUTIVE JUDICIAL EXECUTIVE

BRANCH BRANCH BRANCH BRANCH

•ENACTS •SIGNS THE BILL •INTERPRETS THE •EXECUTES THE

CRIMINAL LAWS INTO LAW LAW DECISION OF
•EXECUTES THE •DECIDES THE COURTS
LAW CRIMINAL CASES

Figure 5: The Three Branches and the Criminal Justice System

In Figure 5 shows that the three branches of government play important roles in the
Criminal Justice System. Criminal Laws are made by the Legislative branch. This
function is essential because it is the Congress which determines the philosophy
and the framework which the executive and the judiciary have to follow in dispensing
justice. It is Congress which decides what acts and omissions should be punished
or not and which categorizes crimes into grave, less grave and light felonies.
Essentially, the laws that Congress enacts show how a country sees which acts are
punishable, how to settle crimes, and mitigate their effects.

F. The Pillars of the Criminal Justice System

FIVE PILLARS OF THE CRIMINAL

JUSTICE SYSTEM

E P
C
C N R
O
O F O
C R
M O S
O R
M R E
U E
U C C
R C
N E U
T T
I M T
S I
T E I
O
Y N O
N
T N

Figure 6: Pillars of the Criminal Justice System

29
The Pillars of the Criminal Justice System represent the various stakeholders
involved in upholding and promoting justice. It has five pillars which are the
Community, Law Enforcement, Prosecution, Courts and Corrections pillars

 The Community Pillar is composed of the citizenry where the offender

and the victim come from. The community also includes government
agencies, such as the LGUs (i.e., barangays, municipalities, cities and
provinces) and local government officials. The interest of the community
in the criminal justice system is anchored in public safety, accountability
and public order.

 The Law Enforcement Pillar comprises government agencies which are

mandated to implement laws, such as the Philippine National Police
(PNP), and the National Bureau of Investigation (NBI).Generally, the law
enforcement pillar is primarily in-charge with the detention, identification
and apprehension of law violators. There are other agencies of the
government that have law enforcement functions and these include the
Bureau of Customs with respect to the enforcement of customs laws, the
Bureau of Immigration and Deportation with respect to the entrance to and
exit from the country of both aliens and Filipino nationals, and Bureau of
Internal Revenue with respect to violations of revenue and tax laws.

 The Prosecution Pillarinvolves government agencies mandated to

prosecute criminal cases in court on behalf of the people. These agencies
include the National Prosecution Service, the Ombudsman, and in some
cases, the Commission on Elections (COMELEC).

The role of the National Prosecution Service (NPS) in the criminal justice
system is two-fold. First is to investigate allegations submitted to it that a
crime has been committed. Second is to prosecute all cases involving
violation of penal laws. A Chief State Prosecutor heads the NPS who is
assisted by Assistant Chief State Prosecutor. The Office of the Chief State
Prosecutor is composed of State Prosecutors. Under the administrative
supervision of the Chief State Prosecutor are the Regional State
Prosecutors, City Prosecutors, Provincial Prosecutors, and Assistant City
and Provincial Prosecutors.

30
  The Courts Pillar is composed of the judiciary and the judges who decide
on criminal cases. The judiciary pillar adjudicates cases and renders
judgment. The Philippine Judiciary is a four-tiered court system consisting
of the Supreme Court as the highest court of the land; the intermediate
courts consisting of the Court of Appeals, Sandiganbayan, and Court of
Tax Appeals; the second level courts consist of Regional Trials Courts;
and the first level courts comprising of the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal
Circuit Trial Courts.

 The Corrections Pillar involves government agencies mandated to

reform the behavior of those found guilty by the Courts. This pillar
includes the Bureau of Corrections (BuCor), the Board of Pardons and
Parole (BPP), Parole and Probation Administration (PPA) and the
DSWD.The institutions for corrections consist of three departments, six
national government agencies, and the local governments. The DOJ
supervises and manages national penitentiaries through the BuCor.
Additionally, it formulates, implements and monitors programs and
activities on parole, probation and the grant of executive clemency through
the PPA and BPP respectively. The DILG, through the Bureau of Jail
Management and Penology (BJMP) and the Philippine National Police
(PNP), supervises and controls the district, city and municipal jails. The
DSWD operates and maintains rehabilitation centers nationwide for
children in conflict with the law (below 18 years old). There is a provincial
jail in every province, which is under the supervision and control of the
Provincial Government (Office of the Governor)

The table below shows the pillars, their member agencies, and the branch of
government where they belong to.

Table 1: Agencies of the Criminal Justice System

Pillar Agencies Immediate Branch of Govt
Supervision/
Control
Community Barangay Municipality Local Government

31
 Pillar Agencies Immediate Branch of Govt
Supervision/
Control
Municipality Province Local Government

City Province Local Government

MM Cities President Local Government

Enforcement PNP DILG Executive

NBI DOJ Executive

AFP DND Executive

Prosecution NPS DOJ Executive

Ombudsman

COMELEC

Defenders PAO DOJ Executive

IBP

Courts MTC Judiciary

RTC Judiciary

CA Judiciary

Supreme Court Judiciary

Corrections BuCor DOJ Executive

RRCY DSWD Executive

Safekeepers BJMP DILG Executive

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 Pillar Agencies Immediate Branch of Govt
Supervision/
Control
LSWD Muncipality Local Government

Provincial Jail Province Local Government

VII. SUBSTANTIVE AND PROCEDURAL LAWS

A. The Criminal Justice System
The Criminal Justice System is composed of rules, procedures, and organizations,
which are intended for maintaining social control, deterring and controlling crime, and
penalizing those who violated laws. In the Philippines, the primary agencies responsible
for administering the Criminal Justice System are law enforcement agencies, courts,
prosecution, correctional institutions and the Community. They are collectively known as
the Pillars. These interlocking institutions administer the procedures for arrest,
charging of offenses, adjudication and punishment of those found guilty of violating
laws.

The major agencies of the national government that exercise law enforcement functions
are the Philippine National Police and the National Bureau of Investigation.
Prosecutions are the duty of the National Prosecution Service which is under the DOJ.
The Office of the Ombudsman handles certain corruption cases. Public defense is
principally the mandate of the Public Attorney‟s Office (PAO). While, the corrections
system includes both local and national institutions: the Parole and Probation
Administration, Board of Pardons and Parole, and the Bureau of Corrections are under
the DOJ; the BJMP is under the DILG; provincial, city, district and municipal jails; and
police detention cells. The DSWD maintains centers for the rehabilitation of children and
youth.

The PAO is the main institution that provides legal assistance for indigents. However,
several legal organizations, such as the Integrated Bar of the Philippines, law schools,
NGOs and human rights groups extend free legal services, education and monitor the
administration of justice.

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B. Rights of the Accused
The rights of the accused can be classified as constitutional and statutory. Rights that
are found in Article III (Bills of Rights) of the 1987 Constitution are called constitutional
rights. They are guaranteed by the fundamental law of the land, hence, these are
available to all accused, regardless of their socio-economic background and crimes
allegedly committed . These rights are the following:
 Right to due process of law
 Right against unreasonable search and seizure
 Right to bail
 Right to be presumed innocent until the contrary is proved
 Right to be heard by himself and counsel
 Right to be informed of the nature and cause of the accusation against him
 Right to be informed of his right to remain silent and to have a competent and
independent counsel preferably of his own choice
 Right to have a speedy, impartial and public trial
 Right to meet the witnesses face to face
 Right to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf
 Right against self-incrimination
 Right against excessive fines
 Right against degrading and inhuman punishment
 Right against involuntary servitude
 Right against double jeopardy
 Right against denial of free access to the courts by reason of poverty
 Right against an ex post facto law or bill of attainder
 Right to a speedy disposition of cases before all judicial, quasi-judicial, or
administrative bodies

1. Right to Due Process

Basically due process has two aspects, these are procedural and substantive. In
procedural, it means that proper procedures should be followed before a person is
deprived of life, liberty and property, for instance filing a case in the proper court.
Substantive meanwhile talks about the substance of the law and prevents arbitrariness,
the government cannot issue laws which are unreasonable and not of interest by the
general public.
In all criminal prosecutions, the accused is presumed innocent until the contrary is
proved beyond reasonable doubt. The conviction should be based on the strength of the

34
prosecution and not on the weakness of the defense. An accusation is not synonymous
with guilt.

2. Right Against Unreasonable Search and Seizure

In order for a search warrant or warrant of arrest to be valid it must comply with the
following: a) it must be issued upon PROBABLE CAUSE; b) the existence of probable
cause is determined personally by the JUDGE; c) the judge must EXAMINE UNDER
OATH the complainant and the witnesses he may produce; d) the warrant must
PARTICULARLY DESCRIBE the place to be searched and person or things to be
seized; e) it must be in connection with One specific offense.

Probable Cause
 For the issuance of a warrant of arrest - Probable cause refers to such facts
and circumstances which would lead a reasonably discreet and prudent man
to believe than an offense has been committed by the person sought to be
arrested.
 For the issuance of a search warrant - Probable cause would mean such facts
and circumstances which would lead a reasonably discreet and prudent man
to believe than an offense has been committed and that the objects sought in
connection with the offense are in the place to be searched.
 Note: Probable cause for the issuance of a search warrant does NOT require
that the probable guilt of a specific offender be established, unlike in the case
of a warrant of arrest.
 Existence of probable cause to be “DETERMINED PERSONALLY BY THE
JUDGE”
 The judge is NOT required to personally examine the complainant and his
witnesses. What the Constitution underscores is the exclusive and personal
responsibility of the issuing judge to satisfy himself of the existence of
probable cause (Soliven v. Makasiar, 167 SCRA 394). A judge is not bound by
a fiscal‟s report, he must personally satisfy himself with the complaint present,
otherwise he may remand it to the fiscal for further investigation (Placer v.
Villanueva 126 SCRA 463)

Particularity of Description (Search Warrant)

 A search warrant may be said to particularly describe the things to be seized
when the description therein is a specific as the circumstances will ordinary
allow;
 When the description expresses a conclusion of fact-not of law- by which the
warrant officer may be guided in making the search and seizure;

35
  When the things described are limited to those which bear a direct relation to
the offense for which the warrant is being issued (Bache and Co. v. Ruiz, 37
SCRA 823).
 A search warrant must not be issued for more than one offense, this is also
known as a scatter shot warrant (Vallejo v. Court of Appeals,G.R. No.
156413,April 14,2004)
 If the requisites of a valid search warrant or warrant of arrest is not complied
with, the evidence shall be considered as inadmissible (Stonehill v. Diokno,20
SCRA 386), as well as, The privacy of communication and correspondence
shall be inviolable except upon lawful order of the court, or when public safety
or order requires otherwise, as prescribed by law (Art. III Sec. 3 [1]
Constitution).

John Doe Warrant

 A “John Doe” warrant can satisfy the requirement of particularly of description
if it contains a descripto personae such as will enable the officer to identify the
accused (People v. Veloso, 48 Phil. 159)
General Warrant
 A general warrant is one that does not allege any specific acts or omissions
constituting the offense charged in the application for the issuance of the
warrant. It contravenes the explicit demand of the Bill of Rights that the things
to be seized be particularly described.
Instances of a Valid Warrantless Search
 Search made as an incident to lawful arrest; (Nolasco v. Pano,147 SCRA
509)
 Search of moving vehicles; (People v. Lo Ho Wing,193 SCRA 122)
 Seizure of goods concealed to avoid Customs duties/authorized under the
Tariffs and Customs Code; (Papa v. Mago,GR No.L-27360,February
28,1968)
 Seizure of evidence in Plain view; (People v. Malmstedt,198 SCRA 401)
 Waiver of right; (People v. Damaso, GR No.L-30117,Novemver 20,1978)
 Conduct of “Arial Target Zone” and Saturation Drives” in the exercise of
military powers of the President (Guazon vs. De Villa, 181 SCRA 623)
 Checkpoints (Valmonte vs. De Villa, 178 SCRA 211)
 Stop and frisk
 Exigent and emergency circumstances best illustrated in People v. De
Gracia, (233 SCRA 716), where a warrantless search was allowed where

36
 there was a prevailing general chaos and disorder because of an ongoing
coup.
Instances of a Valid Warrantless Arrest
 When the person to be arrested has committed, is actually committing, or is
about to commit an offense in the presence of the arresting officer;
 When an offense has in fact just been committed and the arresting officer has
probable cause to believe based on personal knowledge of facts and
circumstances indicating that the person to be arrested has committed it;
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 temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another; (Sec. 5 Rule 113 of the Rules of Criminal
Procedure)
 WAIVER OF AN INVALID ARREST: When a person who is detained applies
for bail, he is deemed to have waived any irregularity which may have
occurred in relation to his arrest. However, when a person who is detained
applies for bail, before he enters a plea, he is not barred from later
questioning the legality of his arrest;
 Hot pursuit refers to a doctrine that allows warrantless searches and arrests
where the police pursue a fleeing suspect into a protected area. Sometimes
referred to as Fresh Pursuit (Black’s Law Dictionary,1990)
 Stop and frisk refers to the situation in which a police officer who is suspicious
of an individual detains the person and runs his hands lightly over the
suspect's outer garments to determine if the person is carrying a concealed
weapon.(TERRY V. OHIO, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889)

3. Right to Bail
 Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions hereafter specified (Section 1,
Rule 114 of the Rules of Court).
 Forms of Bail
o Cash bail bond
o Recognizance
o Corporate surety bond
o Property bond

37
4. Right to Presumption of Innocence
 In all criminal prosecution, the accused is presumed innocent until the
contrary is proved beyond reasonable doubt.
 The conviction should be based on the strength of the prosecution and not on
the weakness of the defense, an accusation is not synonymous with guilt.

5. Right to be Heard by Himself and Counsel

 The right to be heard includes the following rights:
 The Right to be present at the Trial - The right to be present covers the
period from ARRAIGNMENT to PROMULGATION of sentence. After
arraignment, trial may proceed notwithstanding absence of accused.
(Note: Trial in absentia is allowed only if the accused has been validly
arraigned and the following 2 requisites are met: a) accused has been
duly notified; b) his failure to appear is unjustifiable)
 The accused may waive the right to be present at the trial by not
showing up. However, the court can still compel the attendance of the
accused if necessary for identification purposes.
 While the accused is entitled to be present during promulgation of
judgment, the absence of his counsel during such promulgation does
not affect its validity.

6. Right to Counsel
 Right to counsel means the right to EFFECTIVE REPRESENTATION
 If the accused appears at arraignment without counsel, the judge
must:
o Inform the accused that he has a right to a counsel before
arraignment;
o Ask the accused if he desires the aid of counsel;
o If the accused desires counsel, but cannot afford one, a
counselde oficiomust be appointed;
o If the accused desires to obtain his own counsel, the court
must give him reasonable time to get one.

7. Right to an Impartial Judge

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  In all criminal prosecutions, the accused has the right to an impartial trial.The
judge must have no bias for or against either of the parties .

8. Right of Confrontation and Cross-Examination

 This refers to the right to confront and cross-examine the witnesses against
the accused at the trial.

9. Right to Compulsory Process to Secure the Attendance of Witnesses

 The accused has the right to compulsory process issued by the court to
secure the attendance of witnesses and production of other evidence in
his/her behalf.

10. Right to be informed of the Nature and Cause of Accusation Against

Him
Purpose of the Right
 To furnish the accused with a description of the charge against him that
enables him to make his defenses;
 To avail himself of his conviction or acquittal against a further prosecution for
the same cause;
 To inform the court of the facts alleged.

If the information fails to allege the material elements of the offense, the accused cannot
be convicted thereof, even if the prosecution is able to present evidence during the trial
with respect to such elements. The real nature of the crime charged is determined from
the recital of facts in the information. It is not determined based on the caption or
preamble thereof or from the specification of the provision of law allegedly violated. The
qualifying and aggravating circumstances must be ALLEGED and PROVED in order to
be considered by the court.

11. Right to be Informed of his Right to Remain Silent and to have a

competent and independent counsel preferably of his own choice
The above rights cannot be waived EXCEPT in writing and in the presence of the
counsel. (Sec.12(1), Art.III of the 1987 Constitution). This right refers to what is called
the “MIRANDA RIGHTS” or therights of person under investigation for the commission
of an offense. The Miranda Rights are as follows:

39
  Right to remain silent
 Right to have competent and independent counsel, preferably of his own
choice
 Right to be provided with the services of counsel if he cannot afford the
services of one.
 Right to be informed of these rights.

WHEN RIGHTS ARE AVAILABLE

o After a person has been taken into custody or
o When a person is otherwise deprived of his freedom of action in any
significant way
o When a person is merely “invited” for questioning (R.A. No. 7438)
o When the investigation is being conducted by the government (police,
DOJ, NBI) with respect to a criminal offense
o Signing of arrest reports and booking sheets

WHEN RIGHTS ARE NOT AVAILABLE

o During a police line-up. Exception: Once there is a move among the
investigators to elicit admissions or confessions from the suspect
o During administrative investigations
o Confessions made by an accused at the time he voluntarily surrendered to
the police or outside the context of a formal investigation
o Statements made to a private person

EXCLUSIONARY RULE
o Any confession or admission obtained in violation of these rights and in
violation of the right against self-incrimination shall be inadmissible in
evidence against him (the accused).
o Therefore, any evidence obtained by virtue of an illegally obtained
confession in also inadmissible, being the “FRUIT OF A POISONOUS
TREE”.

12. Right to a Speedy, Impartial and Public Trial

The right to a speedy trial is intended to avoid oppression and to prevent delay by
imposing on the courts and on the prosecution an obligation to proceed with reasonable
dispatch.

40
Factors used in determining whether the right to a speedy trial has been violated, to wit:
 Time expired from the filling of the information;
 Length of delay involved;
 Reasons for the delay;
 Assertion or non-assertion of the right by the accused;
 Prejudice caused to the defendant.

Effect of dismissal based on the ground of violation of the accuser‟s right to speedy trial
- If the dismissal is valid, it amounts to an acquittal and can be used as basis to claim
double jeopardy. This would be the effect even if the dismissal was made with the
consent of the accused. The following are the REMEDIES of the accused if his right to
speedy trial has been violated:
 He can ask for the trial of the case and move to dismiss;
 If he is detained, he can file a petition for the issuance of writ of habeas
corpus.
 Accused would be entitled to relief in a mandamus proceeding top compel the
dismissal of the information.

Definition of Impartial Trial

 Due process requires a hearing before an impartial and disinterested tribunal
and that every litigant is entitled to nothing less that the “cold neutrality of an
impartial judge.”
 It is an element of due process.

Definition of Public Trial

 The attendance at the trial is open to all irrespective of their relationship to the
accused. However, if the evidence to be adduced is “offensive to decency or
public morals,” the public may be excluded.
 The right of the accused to a public trial is not violated if the hearings are
conducted on Saturdays, either with the consent of the accused or if failed to
object thereto.
 The right to a speedy trial is intended to avoid oppression

13. Right to Meet the Witness Face to Face

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It is the act of setting a witness face to face with the accused so that the latter may
make any objection to the witness, and the witness may identify the accused and this
must take place in the presence of the court having jurisdiction to permit the privilege of
cross examination.
Purpose of the right:
 To afford the accused an opportunity to cross-examine the witness
 To allow the judge the opportunity to observe the deportment of the witness

When is the right to cross-examine demandable? - It is demandable only during trials.

Thus, it cannot be availed of during preliminary investigations.

14.Right to have Compulsory Process to Secure the Attendance of

Witnesses and the Production of Evidence in his behalf
This is the right of the accused to have a subpoena and/or subpoena ducestecum
issued in his behalf in order to compel the attendance of witnesses and the production
of other evidence. If a witness refuses to testify when required, he is in contempt of
court. The court may order the witness to give bail or to be arrested.

15. Right Against Self-Incrimination

When is a question INCRIMINATING? A question tends to incriminate when the
answer of the accused or the witness would establish a fact which would be a
necessary link in a chain of evidence to prove the commission of a crime by the
accused or the witness.
Distinction between an accused and an ordinary witness:
 An accused can refuse to take the witness stand altogether by invoking the right
against self-incrimination.
 An ordinary witness cannot refuse to take the witness stand. He can only refuse
to answer specific question which would incriminate him in the commission of an
offense.

Scope of Right
 The right covers only TESTIMONIAL COMPULSION.

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  What is PROHIBITED is the use of physical or moral compulsion to extort
communication from the witness or to otherwise elicit evidence which would not
exist were it not for the actions compelled from the witness.
o However, obtaining a sample of the handwriting of the accused would
violate this right if he is charged for FALSIFICATION.
 The right does NOT PROHIBIT the examination of the body of the accused or the
use of findings with respect to his body as physical evidence.
o Hence, the fingerprinting of an accused would not violate the right against
self-incrimination.
 The accused cannot be compelled to produce a private document in his
possession which might tend to incriminate him.
o However, a third person in custody of the document may be compelled to
produce it.
 DNA Testing is not covered in the right against self-incrimination.

WHEN CAN THE RIGHT BE INVOKED? – The right can be invoked in criminal cases
and in all other government proceedings, including civil actions and administrative
or legislative investigations.

WHO CAN INVOKE THE RIGHT? - Only natural persons can invoke the right. Under
the law there are two kinds of person, human person and Juridical persons
(examples are corporations),the latter cannot avail of such right.

16. Right Against Excessive Fines

This right is aimed to ensure that excessive fines shall not be imposed.Fines should be
based on the principle of proportionality. Fines must bear some relationship to the
gravity of the offense that it is designed to punish.

17. Right Against Degrading or Inhuman Punishment

This right is designed to do away with uncivilized and inhuman ways of punishment
extant during the dark days of the inquisition. These are punishments which are
“flagrantly and plainly oppressive”, wholly disproportionate to the nature of the offense
as to shock the moral sense of the community (People v. Estoista, G.R. No. L-5793,
August 27, 1953). The Philippine government‟s commitment against torture was
strengthen when it passed its Anti-Torture bill in 2009 in compliance with our treaty
obligations to the Convention against Torture.

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18. Right Against Involuntary Servitude
Involuntary Servitude - It is every condition of enforced or compulsory service of one to
another no matter under what form such servitude may be disguised.
Exception
 Punishment for a crime for which the party has been duly convicted;
 Personal military or civil service in the interest of national defense;
 In naval enlistment: a person who enlists in a merchant ship may be
compelled to remain in service until the end of the voyage;
 Posse comitatus(power of the country) for the apprehension of criminals;
 Return to work order issued by the DOLE Secretary or the President;
 Minors under patria potestas(parental authority or power)are obliged to obey
their parents.

19. Right Against Double Jeopardy

What are the TWO KINDS OF JEOPARDY?
 No person shall be twice put in jeopardy of punishment for the same offense
(Sec. 21 of Art. III of the 1987 Constitution). When an act is punished by a
law and an ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
 Under the first kind of jeopardy, conviction, acquittal, or dismissal of the case
without the express consent of the accused will bar a subsequent
prosecution. Under the second kind of jeopardy, only conviction or acquittal –
not dismissal without the express consent of the accused – will bar a
subsequent prosecution.
 In the second kind, after conviction, acquittal or dismissal of the case for a
violation of either a law or an ordinance shall bar the subsequent prosecution
under a law or an ordinance arising from the same act. For instance A
committed a violation against a City Ordinance and was acquitted, a few
months after he was prosecuted for a violation of the law for the very same
act A did in violation for the said ordinance, the case shall not prosper
because of a violation against this right.

Requisites for a valid defense of double jeopardy:

 First jeopardy must have attached prior to the second.
 The first jeopardy must have terminated.

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  The second jeopardy must be for the same offense, one that includes or is
necessarily included in the first offense, or is an attempt or frustration of the
first, or is an element thereof.

Effect of appeal by the accused:

 If the accused appeals his conviction, he WAIVES his right to plead double
jeopardy. The whole case will be open to review by the appellate court. Such
court may even increase the penalties imposed on the accused by the trial
court.

20. Right Against Denial of Free Access to the Courts by Reasonof

Poverty
All accused are assured of due process.The access to court is the legal
requirement that the State must respect.Poverty should not hinder the accused‟s
access to court.

21. Right Against an Ex Post Facto Law or Bill of Attainder

“EX-POST FACTO LAW”
 One which makes illegal an act that was legal when
committed,increases the penalties for an infraction after it has been
committed, or changes the rules of evidence to make conviction easier.The
1987 Constitution prohibits the making of ex post facto law.
 One which aggravates the crime or makes it greater than when it was
committed.
 One which changes the punishment and inflicts a greater punishment than
that which the law annexed to the crime when it was committed.
 One which alters the legal rules of evidence and receives less testimony than
the law required at the time of the commission of the offense in order to
convict the accused.
 One which assumes to regulate civil rights and remedies only BUT, in effect,
imposes a penalty or deprivation of a right, which, when, done, was lawful.
 One which deprives a person accused of a crime of some lawful protection to
which he has become entitled such as the protection of a former conviction or
acquittal, or a proclamation of amnesty.

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NOTE: The prohibition of ex post facto laws only applies to retrospective PENAL laws.
Characteristic of an Ex Post Facto Law:
 Refers to criminal matters
 Retrospective
 Causes prejudice to the accused

“BILL OF ATTAINDER” - A bill of attainder is a LEGISLATIVE act which inflicts

punishment W/O JUDICIAL trial. The Bill of Attainder does not need to be directed at
a specifically named person. It may also refer to easily ascertainable members of a
group in such a way as to inflict punishment on them without judicial trial.
Elements of the bill of attainder:
 There must be a LAW.
 The law imposes a PENAL burden on a NAMED INDIVIDUAL or EASILY
ASCERTAINABLE MEMBERS of a GROUP.
 The penal burden is imposed DIRECTLY by the LAW W/O JUDICIAL trial.

22. Statutory Rights of the Accused

Rule 115 of the Revised Rules of Court enumerates the rights of a person accused of
an offense, which are both constitutional as well as statutory, save the right to appeal
which is purely statutory in character.
 Right of the accused to testify as a witness in his own behalf but subject to
cross examination on matters covered by direct examination;
 To have the right to appeal in all cases allowed and in the manner prescribed
by law;

RIGHT OF THE ACCUSED TO TESTIFY AS A WITNESS IN HIS OWN BEHALF

 If the accused testifies, he may be cross-examined ONLY on matters covered
by his direct examination, unlike an ordinary witness who can be cross-
examined as to any matter stated in the direct examination or connected
therewith. His failure to testify will not be taken against him but his failure to
present evidence in his behalf shall be taken against him.

RIGHT OF THE ACCUSED TO APPEAL

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  The right to appeal from the judgment of a conviction is fundamentally of
statutory origin.
 WAIVER OF THE RIGHT TO APPEAL: The right to appeal is personal to the
accused and it may waive either expressly or by implication. HOWEVER,
where the death penalty is imposed, such right cannot be waived as the
review of the judgment by the Supreme Court is automatic and mandatory
(Sec. 10, Rule 122).

RIGHTS OF RESPONDENT IN A PRELIMINARY INVESTIGATION

 To submit counter-affidavits
 To examine evidence submitted by the complainant
 To be present in the clarificatory hearing.

23. Rights of Inmates while under Detention

Adopting the provisions of the United Nations Standard Minimum Rules for the
Treatment of Prisoners, Section 1 of Rule V of the BJMP Manual Revised 2007
promulgated the following rights of persons under detention, to wit:
 The right to be treated as a human being, and not to be subjected to
corporal punishment;
 The right to be informed of the regulations governing the detention center;
 The right to adequate food, space and ventilation, rest and recreation;
 The right to avail of medical, dental and health services;
 The right to be visited by his/her counsel anytime;
 The right to practice his/her religious beliefs and moral precepts;
 The right to vote unless disqualified by law;
 The right to separate detention facilities or cells particularly for women
inmates; and,
 If a foreigner, the right to communicate with his/her embassy or consulate.

24. Privileges Allowed for Inmates while under Detention

Pursuant to Section 2 of Rule V, BJMP Manual Revised 2007.Inmates may enjoy the
following privileges, to wit:
 To wear their own clothes while in confinement;
 To write letters, subject to reasonable censorship, provided that expenses
for such correspondence shall be borne by them;

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  To receive visitors during visiting hours. However, visiting privileges may
be denied in accordance with the rules and whenever public safety so
requires;
 To receive books, letters, magazines, newspapers and other periodicals
that the jail authorities may allow;
 To be treated by their own doctor and dentist at their own expense upon
proper request from and approval by appropriate authorities;
 To be treated in a government or private hospital, provided it is deemed
necessary and allowed by the rules;
 To request free legal aid, if available;
 To sport hair in their customary style, provided it is decent and allowed by
the jail rules;
 To receive fruits and prepare food, subject to inspection and approval by
jail officials;
 To read books and other reading materials available in the library, if any;
 To maintain cleanliness in their cells and brigades or jail premises and
perform other work as may be necessary for hygienic and sanitary
purposes;
 To be entitled to Good Conduct Time Allowance (GCTA) as provided by
law.

C. Overviewof Criminal law

1. Definition
Criminal law is defined as that branch or division of law which defines crimes, treats of
their nature, and provides for their punishment (Reyes, 2001, p. 1). It is a branch of
public law because it treats of acts or omissions of the citizens which are deemed
primarily as offenses against the State more than against the offended party (Boado,
2002, p. 1). Crime is defined as an act committed or omitted in violation of a public law
forbidding or commanding it (Reyes, 2001, p. 1)

2. Fundamental Principles in Criminal Law

The Revised Penal Code and Philippine Constitution define the parameters, scope,
limitations, and applicability of Criminal Law.Below are some of the basic principles that
a Paralegal Officer must remember:
 Criminal law is binding on all persons who live or sojourn in Philippine
Territory (Art. 14, Civil Code of the Philippines, 1949). This is known as the
Generality Principle. Because of this principle, Philippine Criminal Laws apply

48
 not only to Filipino Citizens, but also to foreigners who are staying in the
Philippines.
 Criminal law shall be enforced within the territory of the Philippines (Art. 2,
The Revised Penal Code, 1930). This is the principle of Territoriality.
 Congress cannot pass a law which makes an act done before the passage of
law as criminal and punishable (Sec. 22, Art. III, Philippine Constitution,
1987). This is the Principle of Prospectivity, which prohibits Congress in
enacting an ex post facto law.This invoked the principle of fair warning upon
the making and interpretation of penal law
 Congress cannot enact a Bill of Attainder (Sec. 22, Art III, Philippine
Constitution, 1987). This means that congress cannot pass a law which
would inflict punishment without judicial trial (Reyes, 2001, p. 3).
 If a provision of the criminal law is ambiguous, it should always be construed
against the government and liberally in favor of the accused (Reyes, 2001, p.
17).
 Where the evidence of the prosecution and of the defense is equally
balanced, the scale should be tilted in favor of the accused in obedience to
the constitutional presumption of innocence (Boado, 2002, p. 9). This is the
equipase rule

3. All About Crimes

In criminal law, crimes are classified in many ways:
 As to commission
o Dolo
o Culpa
 As to stage of execution
o Attempted
o Frustrated
o Consummated
 As to Gravity
o Grave felonies
o Less grave felonies
o Light offenses
 As to nature
o Mala in se
o Mala prohibita(Boado, 2002, p. 11)
 As to source
o Felonies
o Offenses

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 o Infractions

3.1 As to Nature
Crimes mala in se are acts or omissions which are inherently evil. Generally, crimes
mala in se are punished under the Revised Penal Code (Boado, 2002, p. 11). An
example of this is murder.

Crimes mala prohibita on the other hand are acts which are made evil because there
is a law prohibiting the same. These acts or omissions are not inherently wrong.
They are only wrong because there is a law that punishes them (Boado, 2002, p.
11). These laws are also known as Special Penal Laws, an example of this is the
illegal possession of firearms.

This distinction is important since as opposed to crimes mala in se, mala prohibita
renders intent as immaterial. This means that in illegal possession of firearms, the
intent to possess will not matter in court. It does not matter if you intend to possess
the firearms or not, as long as you possessed it, you have committed a crime. But in
the case of murder or crimes punishable under the Revised Penal Code, intent of
the accused to kill the victim should be proven in court.

3.2 As to Source
Felonies are the acts or omissions punishable under the Revised Penal Code.
Offenses are those crimes punished by special laws, while those acts violating
municipal or city ordinance are called infractions (Boado, 2002, p. 25).

3.3 As to Commission
Felonies are committed either by means of deceit (dolo) or by means of fault (culpa).
There is deceit when the act is performed with deliberate intent. There is fault when
the wrongful act results from imprudence, negligence, lack of foresight or lack of
skills (Boado, 2002, p. 25).
For a person to be punished of a crime committed my means of deceit (dolo), he
must have:
 FREEDOM while doing an act or omitting to do an act;
 INTELLIGENCE while doing the act or omitting to the act;
 INTENT while doing the act or omitting to do the act (Reyes, 2001, p. 38).

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 Intent is affected by the following factors:
o Mistake of fact– A crime is committed because the accused
misapprehended some facts. But had the accused‟s beliefs of the
misapprehended facts been true, a crime would not have been committed
(Boado, 2002, p. 29). Mistake of fact, exonerates a person from criminal
liability because there is no intent to commit a felony.
o Aberratio ictus– Mistake in the blow. A crime is committed despite the
mistake in the person injured. It happens when the accused originally
intends to commit a felony against someone but the harm fell on another
instead (Boado, 2002, p. 30). This does not exonerate the accused, it
even aggravates the situation.
o Error in personae– Mistake in identity. A crime is committed despite the
mistake of the accused in the identity of the victim. This does not
exonerate the accused (Boado, 2002, p. 30).
o Praeterintentionem– The crime committed results in an injury that is
more harmful than the one intended. Although this does not exonerate the
accused from liability, this situation may be appreciated to mitigate the
liability of the accused (Boado, 2002, p. 31).
o Proximate cause– A person committing a felony is liable for all its
consequences even though those consequences were not originally
intended as long as the intended felony is the proximate cause of the
resulting felony. An act is said to be the proximate cause of a crime if in
its natural and continuous sequence, unbroken by an efficient intervening
cause, produces the injury, and without which the result would not have
occurred (Boado, 2002, p. 31).

For a person to be punished of a crime committed my means of negligence (culpa),

he must have:
 FREEDOM while doing an act or omitting to do an act;
 INTELLIGENCE while doing the act or omitting to the act;
 IMPRUDENCE or NEGLIGENCE while doing the act or omitting to do the
act(Reyes, 2001, pp. 48-49)
 Imprudence is lack of foresight while negligence is lack of skill.

3.4 As to Stage of Execution

Preparatory acts such as buying poison or firearm are generally not punished,
except when there is an expression provision of law that punishes it. What the law
punishes is the acts of execution. There are three stages of execution of a

51
felony.These are attempted, frustrated and consummated. However these stages
are applicable to intentional felonies by positive acts and not through culpa, violation
of a Special Penal Law, or crimes that are consummated in one instance and it
determines the punishment to be imposed based on the act.

ATTEMPTED FRUSTRATED CONSUMATED

Overt acts of execution are
started
Not all acts of execution are
present
Due to some cause or
accident other than the
offender‟s own spontaneous
desistance
Ex. Juan bought poison
and mixes it to Pedro‟s
drink, but Pedro did not
drink it.
All acts of execution are present All elements necessary for
execution and accomplishment
are present
Crime sought to be committed is The result is achieved
not achieved
Due to causes or reason
independent of the will of the
perpetrator
Ex. Juan shot Pedro in the head, Ex. Juan stabbed Pedro in the
but due to prompt medical heart instantly killing him.
assistance, he is alive.

3.5 As to Gravity
According to gravity, crimes may be classified as grave felonies, less grave felonies,
and light felonies (Article 9, RPC). Grave felonies are crimes to which the law
attaches the capital punishment or penalties, which in any of their periods are
afflictive in accordance with the penalties prescribed by the RPC. Crimes which
the law punishes with penalties, which in their maximum period are correctional, are
considered as less grave felonies. Light felonies are those infractions of law for the
commission of which the penalty of arresto menor or a fine not exceeding Php 200
.00 or both is provided.

3.6 As to Scale
The severity of the penalties shall be determined in accordance with the prescribed
scale (Article 70,RPC). The law also provides the duration of penalties including the
time in each of their periods. (Annex )
 Death
 Reclusion perpetua- 20 years, 1 day to 40 years
 Reclusion temporal -12 years,1 day to 20 years

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  Prision mayor- 6 years, 1 day to 12 years
 Prisioncorrecccional- 6 mos, 1day to 6 years
 Arresto mayor- 1 mo,1 day to 6 mos
 Arrestomenor- 1 day to 30 days
 Destierro
 Perpetual absolute disqualification
 Temporary absolute disqualification
 Suspension from public office,the right to vote and be voted for,the right to
follow a profession or calling
 Public censure

3.7 Accessory Penalties

Accessory Penalties are those which follow the principal penalties by operation of
law. They are deemed imposed together with the principal penalty. They may not be
expressly stated in the decision.
 Perpetual or temporary absolute disqualification- includes public office,
employment, right to vote and right to retirement pay or pension
 Perpetual or temporary special disqualification
 Suspension from public office, the right to vote and be voted for, the
practice of his profession or vocation
 Civil Interdiction - shall deprive the offender during the time of his
sentence of the rights of parental authority , or guardianship, either as to
person or property of any ward, of marital authority, of the right to manage
his property, and of the right to dispose of such property by any act or any
conveyance inter vivos.
 Indemnification
 Forfeiture or confiscation of instruments and proceeds of the offense
 Payment of costs

3.8 Crimes may be also classified based on their:

Severity or Gravity
 Capital Punishment : Death (now prohibited under RA No 9346)
 Afflictive
 Correctional
 Light

Nature

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  Principal Penalties- those expressly imposed by the court in the
judgment of conviction and may be further classified divisibility
o Divisible- are those that have fixed duration and are divisible into
three periods
o Indivisible- are those which have no fixed duration. These are
death, reclusion perpetual, perpetual absolute or special
disqualification, and public censure
 Accessory Penalties- are those that are deemed included in the
principal penalties

Subject Matter
 Corporal (Death)
 Deprivation of freedom (reclusion , prision, arresto)
 Restriction of freedom (destierro)
 Deprivation of rights (disqualification, suspension)
 Pecuniary (fine)

3.9 Conspiracy
Generally, conspiracy and proposal to commit a felony are not punished except
in cases specified by law. Conspiracy as a crime in itself is different from
conspiracy as a manner of incurring criminal liability. In the former, the
conspiracy is a crime on its own, while the latter is used to determine who shall
be held liable for the crime committed. There are mainly two concepts of
conspiracy:
 Conspiracy as crime itself – Conspiracy to commit rebellion, insurrection,
treason, sedition and coup d‟etat.
 Conspiracy as a means to commit the crime – It has the following
requisites:
o Prior and express agreement
o Participants must have acted in concert or simultaneously, which is
indicative of a meeting of the minds towards a common criminal
objective.
 The requisites of conspiracy are: (a) Two or more persons come to an
agreement; (b) for the commission of a felony; and (c) they decided to
commit it.

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3.10 Gravity of the Crime

Crimes are divided into three, Grave felonies, less grave felonies and light felonies.
This is used to determine whether the crime can be complexed or not and to
determine the prescription of the crime or the penalty.
 Grave felonies – Those which the law attaches the capital punishment or
penalties which in any of their periods are afflictive.
 Less Grave felonies – Those which the law punishes with penalties which
are in their maximum period are correctional.
 Light felonies – Those infractions of law for the commission of which the
penalty of arresto menor or a fine not exceeding200 pesos or both is
provided.

3.11 Application of Laws and Retroactivity

No penalty shall be punishable by any penalty not prescribed by law prior to its
commission (Article 21, RPC). It is a guaranty to the citizen of this country that he
will not be punished or be committing a crime unless it has been made through law
and a penalty is provided.
 Retroactivity - Penal laws shall have a retroactive effect in so far as they
favor the person guilty of a felony, who is not a habitual criminal, although
at the time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same (Article 22, RPC).

Generally, when the crime occurred long before the enactment of the
amendatory legislation, it cannot be applied as it is axiomatic that a
criminal law may not be given retroactive effect (People vs. Changco,GR
No. 111709,August 30, 2001). However, the exception is when it is more
favorable to the accused (Lapuz vs. Court of Appeals, 43 SCRA 177). The
state in enacting a subsequent penal law more favorable to the accused
has recognized that the greater severity of the former law is unjust (People
vs. Moran, GR No. L-17905,January 23, 1923). This is not applicable to
civil liabilities but a new law increasing the civil liability cannot be given
retroactive effect (People vs. Panaligan, 43 Phil 131).

3.12. Fine

55
A fine, whether imposed as a single or as an alternative penalty, shall be considered
an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not
exceed Php6,000 but is not less than Php200; and a light penalty, if it be less than
Php200 (Article 26, RPC).Fines are imposed as a single or as an alternative penalty,
for example the penalty is arresto mayor or a fine ranging from Php200 to Php1,000.
However it cannot be imposed in the alternative, such as to pay a fine of Php1,000
or to suffer imprisonment for two years (People v. Tabije, GR No. L-36099, March
29,1982)

3.13 Pecuniary Liabilities

In case the property of the offender should not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the following order (Art 38 RPC):
 Thereparation of the damage caused
 Indemnification of the consequential damages
 The fine
 The costs of the proceeding

3.14 Subsidiary Imprisonment

Article 39 of the RPC was amended by RA No. 10159 . It provides that if the convict
has no property with which to meet the fine mentioned in paragraph 3 of the next
preceding article, he shall be subject to a subsidiary personal liability at the rate of
one day for each amount equivalent to the highest minimum wage rate prevailing in
the Philippines at the time of the rendition of judgment of conviction by the trial court

3.15 Computation of Penalties

Art. 29 of the RPC states that offenders who have undergone preventive
imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees voluntarily in writing
to abide by the same disciplinary rules imposed upon convicted prisoners.

Rule for computation of penalties

 When the offender is in prison, the duration of temporary penalties is from the
day on which the judgment of conviction becomes final. The examples of

56
 temporary penalties are: (i) temporary absolute disqualification, (ii) temporary
special disqualification and (iii) suspension.
 When the offender is not in prison, the duration of penalty consisting in
deprivation of liberty, is from the day that the offender is placed at the
disposal of judicial authorities for the enforcement of the penalty. The
examples of penalties depriving liberty are: (i) Imprisonment and (ii) Destierro.
The duration of other penalties – The duration is from the day on which the
offender commences to serve his sentence.

Rule on crediting preventive imprisonment

Offenders or accused who have undergone preventative imprisonment shall be
credited in the service of their sentence consisting of deprivation of liberty, with
the full time during which they have undergone preventative imprisonment if the
detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners, except in the following cases:
 When they are recidivists, or have been convicted previously twice or more
times of any crime; and
 When upon being summoned for the execution of their sentence thy have
failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules
imposed upon convicted prisoners, he shall be credited in the service of his
sentence with four-fifths of the time being during which he has undergone
preventive imprisonment

Whenever an accused has undergone preventative imprisonment for a period

equal to or more than the possible maximum imprisonment of the offense
charged to which he may be sentenced and his case is not yet terminated, he
shall be released immediately without prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In case the
maximum penalty to which the accused may be sentenced is destierro, he shall
be released after 30 days of preventative imprisonment.

When the accused is undergoing preventive imprisonment

Act Credit to term of imprisonment

57
Agrees voluntarily in writing to abide by the same Full credit
disciplinary rules imposed upon convicted
prisoners.
Except in cases where (i) they are recidivists or
have been convicted previously twice or more
times of any crime and (ii) when upon being
summoned for the execution
When he does not agree to abide by the same Four-fifths (4/5)
disciplinary rules as convicted prisoners
When the accused undergone preventative Released immediately, without prejudice to the
imprisonment equal or more than the possible of continuation of the trial or appeal.
the offense charged and his case is not yet
terminated
When the maximum penalty is Destierro Released after 30 days

The accused undergoes preventive suspension if the offense charged against

him is nonbailable or if bailable, the accused cannot furnish the required bail.

3.16 Persons Criminally Liable for Felonies

 Principal –The following are considered as principals:
o Direct Participation– (i) They participated in the criminal resolution; (ii)
They carried out their plan and personally took part in its execution by
acts which directly tended to the same end.
o Inducement– (i) The inducement be made directly with the intention of
procuring the omission of the crime; (ii) The inducement be the
determining cause of the commission of the crime by the material
executor.
o Indispensable cooperation– (i) Participation in the criminal resolution, that
is, there is either anterior conspiracy or unity of criminal purpose and
intention immediately before the omission of the crime charged; (ii)
Cooperation in the commission of the offense by performing another act,
without which it would not have been accomplished.
 Accomplice– The following requisites must concur:
o That there be community of design; that is, knowing the criminal design of
the principal by direct participation, he concurs with the latter his purpose

58
 o He cooperates in the execution of the offense by previous or simultaneous
acts, with the intention of supplying material or moral aid in the execution
of the crime in an efficacious way
o There be a relation between the acts done by the principal and those
attributed to the person charged as an accomplice.
 Accessory – The following requisites must concur:
o Having knowledge of the commission of the crime
o Without having participated as an Principal or Accomplice, take part
subsequent to its commission with the following acts:
 By profiting themselves or assisting the offender to profit by the
effects of the crime;
 By concealing or destroying the body of the crime or the effects or
instrument thereof,in order to prevent its discovery;.
 By harboring,concealing, or assisting in the escape of the principal
of the crime provided the accessory acts with abuse of his public
functions or whenever the author of the crime is guilty of treason,
parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.

3.17 Circumstances Affecting Criminal Liability

1. Aggravating Circumstance
Aggravating circumstances imposes the penalty for a crime to its maximum period,
unless it is a requisite for another offense. The greater the perversity of the crime, in
terms of the place of commission, motivation of the offender, and means employed
in committing the offense, the greater the reason for attaching a higher penalty to the
crime.

The following are aggravating circumstances

 That advantage be taken by the offender of his public position
 That the crime be committed in contempt or with insult to the public
authorities
 That the act be committed with insult or in disregard of the respect due the
offended party on account of his rank, age, or sex, or that is be committed
in the dwelling of the offended party, if the latter has not given provocation

59
 That the act be committed with abuse of confidence or obvious
ungratefulness
 That the crime be committed in the palace of the Chief Executive or in his
presence, or where public authorities are engaged in the discharge of their
duties, or in a place dedicated to religious worship virtual l aw libr ar y

 That the crime be committed in the night time, or in an uninhabited place,

or by a band, whenever such circumstances may facilitate the commission
of the offense. Whenever more than three armed malefactors shall have
law

acted together in the commission of an offense, it shall be deemed to have

been committed by a band
 That the crime be committed on the occasion of a conflagration,
shipwreck, earthquake, epidemic or other calamity or misfortune
 That the crime be committed with the aid of armed men or persons who
insure or afford impunity l aw libr ar y

 That the accused is a recidivist; a recidivist is one who, at the time of his
;

trial for one crime, shall have been previously convicted by final judgment
of another crime embraced in the same title of this Code
 That the offender has been previously punished by an offense to which
the law attaches an equal or greater penalty or for two or more crimes to
which it attaches a lighter penalty law libr ar y

 That the crime be committed in consideration of a price, reward, or

promise law libr ar y

 That the crime be committed by means of inundation, fire, poison,

explosion, stranding of a vessel or international damage thereto,
derailment of a locomotive, or by the use of any other artifice involving
great waste and ruin
 That the act be committed with evidence pre-meditation
libra

 That the craft, fraud or disguise be employed

 That advantage be taken of superior strength, or means be employed to
weaken the defense
 That the act be committed with treachery (alevosia); there is treachery
when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to himself arising
from the defense which the offended party might make
 That means be employed or circumstances brought about which add
ignominy to the natural effects of the act library

 That the crime be committed after an unlawful entry; there is an unlawful law libra

entry when an entrance of a crime a wall, roof, floor, door, or window be

broken

60
  That the crime be committed with the aid of persons under fifteen years of
age or by means of motor vehicles, motorized watercraft, airships, or other
similar means (as amended by RA 5438)
 That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commissions

2. Mitigating Circumstance
Mitigating circumstances, if present in the commission of the crime, reduces the
penalty of the crime committed, but does not erase the criminal liability or change
the nature of the offense.
 Incomplete Self-Defense– When all of the requisites which are
necessary to justify (Art. 11) or to exempt (Art. 12) the act is incomplete.
However Paragraphs 1 (Insane) and 2 (Below 9 years of age) of the
exempting circumstance cannot give place to mitigation.
 Under 18 years of age– The entry of RA 9344 has provided a new
approach in dealing with accountability and protection of the rights of the
child. An offender above 15 and below 18 is now examined whether or
not he/she acted with discernment in committing the crime. If he/she did
not act with discernment, he/she shall be subject to an intervention
program in under RA 9344. However, if he/she acted with discernment,
he/she shall undergo diversion. Diversion is a child-appropriate process of
determining the responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic, psychological or
educational background without resorting to formal court proceedings.
 Vindication of a grave offense–When a grave offense is done to the one
committing the felony, his spouse, ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or relatives by affinity within the
same degrees, the act committed as immediate vindication of such
grave offense, is considered as a valid mitigating circumstance
(Art.13,RPC). Hence, penalty may be lessened.
 Passion or Obfuscation - There must be an act that is unlawful and
sufficient to produce such a condition of mind and that said act was not far
removed from the commission of the crime by a considerable length of
time, during which the perpetrator might recover his normal equanimity.
 Voluntary surrender/Voluntary confession–The offender must
surrendered himself to a person in authority or his agents or that he

61
 voluntarily confessed his guilt before the court prior to the presentation of
the evidence for the prosecution.
law libr ar y

 Offender had no intention to commit so grave a wrong as that

committed law li brar y

 That sufficient provocation or threat on the part of the offended

party immediately preceded the act
 Offender is deaf and dumb, blind or otherwise suffering some
physical defect which thus restricts his means of action, defense, or
communications with his fellow beings
 Such illness of the offender as would diminish the exercise of the
will-power of the offender without however depriving him of the
consciousness of his acts
 Any other circumstances of a similar nature and analogous to those
above mentioned

Voluntary Surrender Voluntary Confession

Requisites 1. Offender was not actually
arrested
2.The offender surrendered
himself/herself to a person in
authority or to the latter‟s
agent
3. That the surrender was
voluntary.
1. Offender spontaneously confessed his
guild;
2. The confession of guilt was made in open
court, that is, before the competent court
that is to try the case; and
3. The confession of guilt was made prior to
the presentation of evidence for the
prosecution.

3. Alternative Circumstances
These are circumstances which must be taken into consideration as aggravating or
mitigating according to the nature and effects of the crime and the other conditions
attending its commission. These circumstances are relationship, intoxication and the
degree of instruction, and education of the offender.
 Relationship – This is taken into consideration when the offended party
is the spouse, ascendant, descendant, legitimate, natural, or adopted
brother or sister, or relative by affinity in the same degrees of the
offender.
o Property– Mitigating in crimes against property. For example
relationship is mitigating in the crimes of robbery (Arts. 294-302),
usurpation (Art. 312), fraudulent insolvency (Art. 314) and arson (Arts.

62
 321-322, 325-326). Note however that Art. 332 exempts from criminal
liability but instead imposes civil liability for the crimes of theft,
swindling or malicious mischief committed by the following persons, (i)
Spouses, ascendants, descendants, or relatives by affinity in the same
line; (ii) Widowed spouse with respect to the property which belonged
to the deceased spouse before the same shall have passed into the
possession of another; and (iii) Brothers and sisters and brothers-in-
law and sisters-in-law, if living together.
o Persons– In physical injuries, it is aggravating when the crime involves
serious physical injuries (Art. 263), even if the offended party is a
descendant of the offender. If the offended party is a relative of a
higher degree of the offender. Mitigating when the offense committed
is less serious physical injuries or slight physical injuries, if the
offended party is a relative of a lower degree.

 In homicide or murder, it is aggravating even if the offended

party is a relative of a lower degree. Note however that if the
offended party is the father, mother, child, whether legitimate
or illegitimate or legitimate ascendant, descendant, spouse
of the accused the crime is parricide.
 In rape, aggravating circumstances are present where a
stepfather raped his stepdaughter or in a case where a
father raped his own daughter.
o Chastity – It is always aggravating such as acts of lasciviousness
(Art. 336).

 Intoxication shall be taken into consideration as a mitigating

circumstances when the offender has committed a felony in a state of
intoxication, if the same is not habitual or subsequent to the plan to
commit said felony but when the intoxication is habitual or intentional, it
shall be considered as an aggravating circumstance law library

D. Basic Criminal Procedure

Criminal procedure deals with the set of rules to be followed governing the series of
proceedings by which the state enforces substantive criminal law
(www:law.cornell.edu) It is intended to guarantee the enforcement of constitutional
rights of the accused/defendant commencing with the initial contact with law
enforcement, continuing through arrest, investigation, trial, judgment and appeal.
Hence, it includes investigation, prosecution, adjudication and punishment.

63
Criminal Procedure starts when crime is committed. Crime is an act committed or
omitted in violation of a public law forbidding or commanding it (Reyes 2001).
Violation of such law merits corresponding penalties such as imprisonment, fine or
deprivation of rights. Criminal proceedings is instituted upon the filing of a sworn
written Complaint by the victim or the police against a person.

Since it remains an accusation, to determine if there is a probable cause, or if the

person might be the one who committed the alleged crime, a Preliminary
Investigation shall be conducted by the Prosecutor. The Prosecutor may dismiss or
file an information with the court. An information is an accusation in writing charging
a person with an offense. By virtue of the filing the person is now an accused.
Through a Warrant of Arrest, a Judge may now order the arrest of the accused to
answer the case filed against him.

However, if the person is arrested while committing a crime, is about to commit or

has just committed a crime, he can be arrested without a warrant. If this is the case,
he must undergo an inquest proceeding wherein the prosecutor will determine if the
accused is arrested accordingly. If the prosecutor is convinced that the accused is
illegally arrested, he can dismiss the case. However, if after his assessment he
found out that the procedures are followed, the information must be filed within 36
hours as prescribed by law. After the arrest, the accused may file for bail for his
temporary freedom.

The accused, through his counsel, may file a Motion to Quash. This particular
motion should be filed before the arraignment. In the arraignment, a formal
complaint against the accused is read and he is asked by the court if he is guilty or
not of the crime he is accused of. If he pleads guilty, he will be sentenced at once. If
he pleads not guilty, the case proceedings will continue. The next step would be the
holding of a Pre-trial conference among the accused, complainant, their counsels
and the Court. During the conference, the dates of trials, order of presentation,
issues to be heard, witnesses to be presented and Plea Bargaining shall be
discussed and agreed upon. An Affidavit of Desistance may still be filed at this time.

After the Pre-trial, the Trial commences, wherein both sides shall offer their pieces of
evidence. The Prosecutor will be the first to present, followed by the accused.
Thereafter, the Judge can make and render his Decision.

64
If the verdict is not guilty, the accused shall be set free. However, if the judge„s
decision is for conviction, he can appeal the decision to an appropriate higher court.

65
Flow Chart of Criminal Procedure

Figure 7

66
 REFERENCES

LAWS
Anti-Torture Act of 2009 (RA No. 9745)
Civil Code of the Philippines (RA No.386)
Local Government Code of 1991 (RA No. 7160)
Revised Penal Code of the Philippines (Act No. 3815)
The 1987 Constitution of the Republic of the Philippines
The Department of the Interior and Local Government Act of 1990 (RA No. 6975)
The Rights of Person Arrested,Detained or Under Custodial Investigation Act (RA No.
6127)
The Juvenile Justice and Welfare Act of 2006 (RA No. 9344)

UNITED NATIONS INSTRUMENTS

The UN Standard Minimum Rules for the Treatment of Prisoners
The UN Rules for the Protection of Juveniles Deprived of Their Liberty
The UN Standard Minimum Rules for the Administration of Juvenile Justice
The UN Code of Conduct for Law Enforcement Officials
The UN Standard Minimum Rules for Non-custodial Measures
The UN Basic Principles on the Role of Lawyers

SUPREME COURT RULES/CIRCULARS

Administrative Circular No. 04-2002 (Subject: Special Treatment of Minor Detainees and Jail
Decongestion)
Circular No. 66-97 October 14, 1997 (Subject: Application for and Grant of Pardon and Parole)
Circular No. 63-97 October 6, 1997(Subject: Modification of Circular NO. 4-92-A On the
Transfer of National Prisoners to the Bureau of Corrections in Muntinlupa, Metro Manila)
Circular No. 42-93 August 27, 1993 (Subject: Issuance of Mittimus/Commitment Order)
Circular No. 56-92 October 5, 1992( Subject: Speedy Disposition of Criminal Cases with
detention Prisoners and with Witness Protection, Security and Benefit (WPSB) Witnesses)
Circular No. 4-92-A April 20, 1992 (Subject: Amending Circular No. 4-92)

BJMP CIRCULARS/MANUAL
BJMP Manual Revised 2007
Standard Operating Procedures No. 2010-04, dated September 16,2010(Subject: Admission
and Releasing of Inmates)
BJMP Code of Ethical Standards, Customs and Tradition

67
BJMP Memorandum dated March 15,2010 (Subject: Policy on law Student Appearing as
Counsel for Detainees)

JURISPRUDENCE
Soliven v. Makasiar, 167 SCRA 394.
Placer v. Villanueva 126 SCRA 463
Bache and Co. v. Ruiz, 37 SCRA 823
Vallejo v. Court of Appeals,G.R. No. 156413,April 14,2004
Stonehill v. Diokno,20 SCRA 386
People v. Veloso, 48 Phil. 159
Nolasco v. Pano,147 SCRA 509
People v. Lo Ho Wing,193 SCRA 122
Papa v. Mago,GR No.L-27360,February 28,1968
People v. Malmstedt,198 SCRA 401
People v. Damaso, GR No.L-30117,Novemver 20,1978
Guazon vs. De Villa, 181 SCRA 623
Valmonte vs. De Villa, 178 SCRA 211
People v. De Gracia, 233 SCRA 716
TERRY V. OHIO, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889
People v. Estoista , G.R. No. L-5793, August 27, 1953
People vs. Changco,GR No. 111709,August 30, 2001
Lapuz vs. Court of Appeals, 43 SCRA 177
People vs. Moran, GR No. L-17905,January 23, 1923
People vs. Panaligan, 43 Phil 131
People v. Tabije, GR No. L-36099, March 29,1982

BOOKS
Black‟s Law Dictionary, West Publishing Co.(1990)
Bernas, Joaquin, SJ,The 1987 Constitution of the Republic of the Philippines. Rex
Bookstore,Inc (1996)
Boado, Boado, Leonor. Notes and Cases on the Revised Penal Code. Manila: Rex
Book Store (2002)

Reyes,Luis B., The Revised Penal Code,Book One, Rex Book Store,Inc.(2001).

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69