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CRIMINAL JUSTICE SYSTEM

PROF. JOHN CARLO FETALVERO

What is CRIMINAL??
 In its form , there are three(3) definitions, as follows:

LEGAL SOCIOLOGICAL PHSYCOLOGICAL

is a “convicted” person whose behavior A person who violated a social norm A person who violated rules of conduct
does not follow the general pattern or one who did an anti-social act due to behavioral maladjustment
approved by law-abiding society

What is JUSTICE??
 This concerns to the obligations of the community to individuals, and requires fair disbursement of common
advantages and sharing of common burden.
What is System??
 A combination of related elements that is functioning as a whole in order to achieve a single goal or objective.

CRIMINAL JUSTICE SYSTEM –

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

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

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

What are the functions of the major components of the CJS?

 To prevent and control the commission of crime;

 To enforce the law;
 To safeguard lives, individual rights, and properties;
 To investigate, apprehend, prosecute and sentence those who violated the rules of society; and,
 To rehabilitate the convicts and reintegrate them into the community as law-abiding citizens.

THE CRIMINAL LAW

It is that branch of public, which defines crimes, treats of their nature, and provides for their punishment.
When did the Revised Penal Code take effect?

 The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).

TWO CLASSIFICATIONS OF CRIMINAL LAW

1. SUBSTANTIVE-defines the elements that are necessary for an act to constitute as a crime and therefore punishable.
EX. 1. CRIMINAL LAW 2. CIVIL LAW 3. MERCANTILE LAW
2. PROCEDURALrefers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal
Law.
EX. 1. CRIMINAL PROCEDURE AND EVIDENCE 2. REMEDIAL LAW
Characteristics of Criminal Law

1. GENERAL- criminal law is binding on all person who lives and sojourn in the Philippines
2. TERRITORIALITY- criminal laws are applicable only of the crime is committed within Philippines territory.

EXEPTIONS

1) Should commit an offense while on a Philippine ship or airship;

2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or counterfeited obligations
and securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions; or
5) Should commit any of the crimes against national security and the law of nations;
6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ) and the
natural resources within the EEZ of the Philippines.

3. PROSPECTIVE—Criminal law cannot make an act punishable when the time of the commission it is not yet a crime.

EXEPTIONS

Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can
be given a retroactive effect.

Exceptions to the Exception:

This exception has no application in the following instances:

(1) where the new law is expressly made inapplicable to pending actions or existing causes of actions.
(2) Where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until proven guilty.

CONCEPT OF PROOF BEYOND REASONABLE DOUBT

In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence provides that the
evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is necessary. Unless his
guilt is shown beyond reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of error, produces absolute
certainty. Moral certainty is only required, or that degree of proof which produces conviction in an unprejudiced mind.

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

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department of the Interior and Local
Government (DILG); while the National Bureau of Investigation is an agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional body independent from even the
three major and co equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and Special Criminal Courts, are under the
Supervision and control of Supreme Courts. Although, judges of the Municipal Trial Courts, Municipal Circuit Trial Courts,
at times are tasked to perform executive functions when they are conducting Preliminary Investigation which is primarily
an Executive function.
4. The Correctional Institutions are either under the DOJ or DILG.
- The Bureau of Prison or the National Penitentiary is under the DOJ;
 - By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP) is in charge of the City or Municipal Jails
while the Provincial government is in charge of the Provincial jails. Both are under the DILG.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

1. The Adversarial Approach
 Detection and prosecution are NOT LEFT IN THE INITIATIVE OF PRIVATE OFFENDER PARTIES but to the official and
agents of the law.
 JUDGE not limited to evidence brought before him but could proceed to his own inquiry which is not confrontational
 Characterized by secrecy. Public doesn’t know the proceedings.
2. The Inquisitorial approach

 Every citizens or member of the group to which the injured party belongs may bring the accusations against a suspected
person.
 Action supposed to be a combat between the parties. The supposed offender has the right to be confronted by the
accuser.
 Judicial setup in the Philippines is Accusatorial in nature.

What is Due process of law?

 The concept of due process means that those who are accused of the crimes and those who are processed
through the Criminal Justice System must be given the basic rights guaranteed by the Constitution.
 Criminal due process requires that the accused be tried by an impartial and competent court in accordance with
the procedure prescribed by law and with proper observance of all the rights accorded to him under the
Constitution and applicable statute.

LAW ENFORCEMENT- FIRST PILLAR IN THE CJS

The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of the Criminal Justice System. It is
considered as “the initiator of the actions” that other pillars must act upon to attain its goal or objective.
Examples of police initiating action:
a. effecting an arrest
b. surveillance
c. crime investigation

The first pillar consists mainly of the Philippine National Police (PNP). The work of the PNP is the prevention and control of
crimes, enforcement of laws, and effecting the arrest of offenders, including the conduct of lawful searches and seizures to gather
necessary evidences so that a complaint may be filed with the Prosecutor’s Office.

LAW ENFORCEMENT AGENCY

 Pertains to an organization responsible for enforcing the laws.

 The collective term for professionals who are dedicated to upholding and enforcing the laws and statutes that are currently
in force in a given jurisdiction.

The Philippine National Police (PNP) is not only the law enforcement agency in our country. There are several Law enforcement
Agencies like PDEA, NBI, LTO, MMDA etc.

PHILIPPINE POLICING SYSTEM

On January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No. 70 of the
Taft Commission. This has become the basis for the celebration of the anniversary of the Manila’s Finest every January 9th.

1. ACT 175 – entitled “An Act Providing for the Organization and Government of an Insular Constabulary”, established on
August 8, 1901.

CAPT. HENRY ALLEN – the first chief of the Philippine Constabulary in 1901

2. ACT 183 – enacted on July 13, 1901, created the Manila Police Department.

CAPT GEORGE CURRY

 the first chief of police of the Manila Police Department in 1901.

3. R.A. 4864 – otherwise known as the Police Act of 1966, enacted on August 8, 1966; created the Police Commission (POLCOM)
as a supervisory agency to oversee the training and professionalization of the local police forces under the Office of the President;
later POLCOM was renamed into National Police Commission (NAPOLCOM)

Martial Law Period

4. P.D. 765 – otherwise known as the Integration Act of 1975, enacted on August 8, 1975; established the Integrated National
Police (INP) composed of the Philippine Constabulary (PC) as the nucleus and the integrated local police forces as
components, under the Ministry of National Defense.

-transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense.

5. R.A. 6975 – otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on December
13, 1990; reorganized the DILG and established the Philippine National Police, Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine Public Safety College.

6. R.A. 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on February
25, 1998; this law amended certain provisions of RA 6975.

7. RA 9708 - law amending the provisions of RA 6975 and RA 8551 on the minimum educational qualification for
appointment to the PNP and adjusting the promotion system; approved on 12 August 2009.

“AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM
EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE PHILIPPINE NATIONAL POLICE (PNP) AND ADJUSTING THE
PROMOTION SYSTEM THEREOF, AMENDING FOR THE PURPOSE PERTINENT PROVISIONS OF REPUBLIC ACT NO. 6975
AND REPUBLIC ACT NO. 8551 AND FOR OTHER PURPOSES”

IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

1. BGEN RAFAEL CRAME

 the first Filipino chief of the Philippine Constabulary on December 17, 1917

2. COL ANTONIO TORRES

 the first Filipino chief of police of the Manila Police Department in 1935

3. COL LAMBERTO JAVALERA

 the first chief of police of the Manila Police Department after the Philippine Independence from the United States of
America in 1946

4. P/DIR GEN CESAR NAZARENO

 the first chief of the Philippine National Police

PHILIPPINE NATIONAL POLICE

organized pursuant to RA 6975, as amended by RA 8551

 a law enforcement agency under the DILG.

 under administrative control and operational supervision of the National Police Commission.
 it is an organization that is national in scope and civilian in character, as provided by Article XVI,

Section 6 of the 1987 Philippine Constitution:

“The state shall establish and maintain one police force which shall be national in scope and civilian in character…”

-headed by the Chief, PNP, with the rank of Director General, appointed by the President and who shall serve a term of office
of four (4) years.
NATIONAL IN SCOPE

 means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of the
Philippine archipelago.
 all uniformed and non-uniformed personnel of the PNP are national government employees.

CIVILIAN IN CHARACTER

 means that that the PNP is not a part of the military, although it retains some military attributes such as discipline.
ORGANIZATION and COMPOSITION OF THE PNP

 -shall be headed by a Chief who shall be assisted by two (2) deputy chiefs:
 -Deputy Chief for Administration.
 -Deputy Chief for Operations.
 -the Chief PNP and the two (2) deputy chiefs shall be appointed by the President .
 -no officer who is retirable within six (6) months shall be appointed Chief .
 -the PNP shall be composed of a national office, regional offices, provincial offices, district offices, and city or municipal
stations.

NATIONAL BUREAU OF INVESTIGATION

 -The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
 - approval of Commonwealth Act No. 181 by the legislature
 -Tasked with organizing a Division of Investigation or DI patterned after the United States Federal Bureau of Investigation
were Thomas Dugan, a veteran American police captain from the New York Police Department and Flaviano C. Guerrero,
the only Filipino member of the United States Federal Bureau of Investigation.
 -On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation. Later, it was
amended by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the National
Bureau of Investigation (NBI).
 -The NBI is a government entity that is civilian in character, and national in scope which is under the Department of
Justice.
OTHER GOVERNMENT AGENCIES WITH SPECIAL LAW ENFORCEMENT POWERSPhilippine Drug Enforcement Agency
(PDEA)Bureau of ImmigrationBureau of CustomsBureau of Internal Revenue (BIR)Bureau of Food and Drugs (BFAD)Bureau of
QuarantineLand Transportation Office (LTO)Maritime Industry Authority (MARINA)

What are the three elements for a crime to happen??

MOTIVE

INSTRUMENTALITIES OPPORTUNITY
Basically, the role of the police in society is crime prevention which is the main goal of the CJS. They are the initiator of CJS.

WHAT IS ARREST?

 Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

WHAT IS WARRANT OF ARREST?

 It is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to take a person into custody in order that he may be bound to answer for the commission of an
offense
 Shall remain valid until the person to be arrested has been arrested or has surrendered

Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
another
WHAT IS SEARCH WARRANT??

It is an order in writing issued in the name of the people of the Philippines signed by the judge and directed to the peace officer,
commanding him to search for personal property and bring it before the court.

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

Criminal Investigation- it is the systematic method of inquiry that is more a science than an art. The logic of scientific method must
however, be supplemented by the investigator's initiative and resourcefulness. The sequences of the investigation should be
regarded by scientific, operating framework that requires improvising on the part of the investigator.

PROSECUTION- 2ND PILLAR OF THE CJS

The second pillar takes care of the investigation of the complaint. In the rural areas, the PNP may file the complaint with
the inferior courts (i.e. the Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these inferior courts act as
quasi-prosecutors only for the purpose of the preliminary investigation. Once a prima facie case has been determined, the
complaint is forwarded to the City or Provincial Prosecutor’s Office which will review the case. When the complaint has been
approved for filing with the Regional Trial Court, a warrant of arrest for the accused will be issued by the court once the information
has been filled.

INFORMATION AND COMPLAINT DISTINGUISHED

COMPLAINT
It is a sworn written statement charging a person with an,
offense, subscribed by the offended party, any peace officer or
other public officer charged ,with the enforcement of the law
violated.
INFORMATION
It is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court

WHEN IS A COMPLAINT OR INFORMATION DEEMED SUFFICIENT?

It is deemed sufficient if it states the following

 Named of the accused

 Designation of the offense commited
 Name of the offended party
 The acts or omission complained as of constituting an offense
 The date and place of the commission of the offense

WHAT IS RATIONALE BEHIND THE REQUIREMENTS TO DEEMED A COMPLAINT OR INFORMATION TO BE SUFFICIENT?

 This is in consonance with the accused’s right to be informed of the nature and the cause of accusation against him.

PROSECUTION SETTING IN THE PHILIPPINES CJS

The prosecutor is the government officer, tasked to conduct the prosecution of criminal actions in court. The Revised
Rules of Court expressly provides that the prosecution has the direction and control of the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is absent, the offended party,
any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. But such authority shall
cease upon actual intervention of the prosecutor r upon elevated to the RTC.
In all criminal prosecutions, the real offended party is the People of the Philippines, for a crime is an outrage against, and
its vindication is in favor of, the people in a sovereign state.
WHAT IS PROSECUTION/ FISCAL??
 He represent the governments position in a criminal case during court proceedings from the time of the suspect’s arrest
until the adjudication of his case.

GOVERNMENT PROSECUTION AGENCIES

 National Prosecution Service

 Office of the Solicitor General (State Prosecutor)
 Office of the Ombudsman
 Office of the Regional State Prosecutor
 Office of the Provincial, City, and Municipal Prosecutors
 Public Attorney’s Office

NATIONAL PROSECETION SERVICE (NPS)

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

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation
b. To make proper recommendation during the inquest of the case referred to them by the police after the investigation of
the suspect;
c. To represent the government or state during the prosecution of the case against the accused;
d. To act as a legal officer of the province or City in the absence of its legal officer;
e. To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors, including the support staff of
the National Prosecution Service (NPS).

Solicitor General
The Office of the Solicitor General represents the Government of the Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding, investigation or matter requiring the services of lawyers. When authorized by the
President or head of the office concerned, it shall also represent government owned or controlled corporations.

OFFICE OF THE OMBUDSMAN Investigate and prosecute on its own or on complaint by any person, any act or omission of
any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It
has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take
over, at any stage, from any investigatory agency of Government, the investigation of such cases.

WHAT IS PRELIMARY INVESTIGATION?

It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that
a crime has been committed and that the respondent is probably guilty thereof, and be held for trial (Section 1, Rule 112, Rules of
Court).

CAN THERE BE PRELIMINARY INVESTIGATION?

Preliminary Investigation is required to be conducted before the filing of the Complaint or Information for an offense where
the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.

WHEN SHOULD THE RIGHT TO PRELIMINARY INVESTIGATION BE INVOKED?

 The accused should invoke it before the plea, otherwise it is deemed waived

IS PRELIMINARY INVESTIGATION A JUDICIAL PROCEEDINGS?

 YES, it is a judicial proceedings where the prosecutor or investigator acts as a quasi- judicial officer
 Since it is a judicial proceedings, the due process must be observed.

CRIMINAL INVESTIGATION AND PRELIMINARY INVESTIGATION DISTINGUISHED

CRIMINAL INVESTIGATION PRELIMINARY INVESTIGATION

is a fact finding investigation carried out by law enforcement is conducted for the purpose of determining whether there is a
officer for the purpose of determinin whether they file a probable cause to hold for a trial.
complaint for prelimnary investigation.

SUBPOENA

 It is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any
investigation conducted under the law, or for the taking of his deposition (Section 1, Rule 23, Rules of Courts).

Two types of SUBPOENA

SUBPOENA DUCES TECUM SUBPOENA AD TESTIFICANDUM

Process directed to a person, requiring him to bring with Process directed to a person, requiring him to attend and
him any books/documents/things under his control. to testify at the hearing/trial of an action or at any
investigation conducted by competent authority, or for the
taking of his deposition.

INQUEST PROCEDURE
 is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially those arrests made
without a warrant.

WHAT ARE THE GUIDELINES TO SAFEGUARDS THE RIGHT OF AN ACCUSED WHO HAS BEEN ARRESTED WITHOUT A
WARRANT?
  The arresting officer must bring the arrestee before the inquest fiscal to determine whether the person should remain into
custody and charged in court or if he should be release foe lack of evidence or for further investigation

COURT- 3RD PILLAR OF CJS

The third pillar of the CJS is the forum where the prosecution is given the opportunity to prove that there is a strong
evidence of guilt against the accused. It is also in the courts that the accused is given his “day in court” to disprove the accusation
against him.

The Constitutional presumption is the innocence of any person accused of a crime unless proved otherwise. This means
that the courts must determine the guilt of the accused – beyond reasonable doubt – based on the strength of the evidence of the
prosecution.

If there is any reasonable doubt that the accused committed the crime, he has to be acquitted. As the third pillar, is said to
be the centerpiece of the criminal justice system and its primary and most important function as a component of the criminal justice
system is to decide whether the accused is guilty or not guilty of the crime he is accused of committing.

The Rules of Court, however, provides that the accused can be convicted of a lesser crime than the crime he has been
charged with in the information. But the elements of the lesser offense should be necessarily included in the offense charged, and
such lesser crime was proven by competent evidence.

General functions of the Courts in relation of the CJS:

1. To protect the rights of the accused – the courts are responsible for reviewing the actions of law enforcement agencies to
ensure that the police have not violated the rights of the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all the evidences presented by the police to
determine its relevance and admissibility in accordance with the Constitution and the rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the responsibility to examine the background of
the accused and the circumstances of the crime;
4. To protect the society – after the accused has been found guilty, the court may determine if the offender should be
removed from society and incarcerated in order to protect the safety of life and property and this is specially in case of
Probation;
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper penalty and sanctions that will
serve to deter the future criminal acts by the offender an also serve as an example and deterrent to others who would
commit criminal acts or threaten public safety.

WHAT IS JUDGE?

 He is a public officer so named in his commission (written evidence of appointment) and appointed to preside over and to
administer the law in a court of justice.

COURT AND JUDGE DISTINGUISHED

COURT JUDGE
incoporeal entity single entity
composed of 1 or more judges indispensable part of the court
cannot exist w/o a judge can exist w/o a court

DIFFERENT COURTS IN THE PHILIPPINES

1. Municipal Trial Court/Municipal Circuit Trial Court/Metropolitan Trial Court

Original Jurisdiction: (a) all violations of city and Municipal ordinances, (b) all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, (c) damage to property through criminal negligence;

2. Regional Trial Court (RTC)

Original Jurisdiction: (a) those which carry the penalties exceeding six (6) years of imprisonment, (b) those not covered by
the jurisdiction of the Sandiganbayan.

3. Sandiganbayan

Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA 1379, ad Chapter II, Section 2 Title VII, f Book
II of the RPC.

1. officials of the executive branch of the government occupying the positions of regional director and higher, otherwise classified as
Grade 27 and higher.
2. Phillipine Army and Air force colonels, naval captain and all officers of higher rank.

3. Officer Of the PNP (provincial director and those holding the rank of senior superintendent or higher

4. Court of Appeals.

 headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.

 has appellate jurisdiction over cases decided by the Regional Trial Courts.
 It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of the Court of Tax
Appeals

5. Supreme Court

 Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan

 the highest court of the land. composed of a Chief Justice and 14 Associate Justices. has appellate jurisdiction over cases
decided by the Court of Appeals and has the power of judicial review.
 the court of last resort
THE THREE INHERENT POWERS OF THE JUDICIARY

1. JUDICIAL POWER
 Power to apply laws to case
2. JUDICIAL REVIEW
 Power to contest the constitutionality of the law
3. JUDICIAL INDEPENDENCE
 Power from interference from other branches

What is JURISDICTION?

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

REQUISITED OF A VALID EXERCISE OF CRIMINAL JURISDICTION

 Jurisdiction over the person

 Jurisdiction over the territory
 Jurisdiction over the subject matter

JURISDICTION OVER THE PERSON

Power to hear and decide cases of the general class to which the proceedings in question belong and is conferred by the sovereign
authority which organizes the court and defines its powers.

ELEMENTS OF JURISDICTION OVER THE SUBJECT MATTER

 Nature of the offense

 Authority of the court to impose the penalty imposable given allegation in the information.
 Territorial jurisdiction of the court imposing the penalty.

JURISDICTION OVER THE TERRITORY

 Means that the criminal action should be filed in the place where the crime was committed , except in those cases
provided for in ART. 2 of the RPC

VENUE AND JURISDICTION DISTINGUISHED

VENUE JURISDICTION
Geographical area in which a court with jurisdiction may hear Power of the court to decide a case on the merits
to determine a case.

KINDS OF JURISDICTIONGENERAL – ALL CASESLIMITED – FEW CASESORIGINAL – FIRST

TIMEAPPELATE – SECOND TIMEEXCLUSIVE – CANNOT BE HEARD BE OTHER COURTSCONCURRENT – 2 OR
MORE COURTS

ARRAIGNMENT

It is the stage where the issues are joined in criminal action and without which the proceedings cannot advance further.

It is the stage of the proceedings whereby the accused shall be informed of his/her constitutional right to be (officially)
informed of the nature and the cause of the accusation against him and to ask him of his plea.
HOW IS ARRAIGNMENT MADE?

Arraignment is made:
a. In open court
b. By judge or clerk of court
c. By furnishing the accused with a copy of the complaint or information.
d. Reading it in the language known to him.
e. Asking him whether he pleads guilty or not guilty.

JUDGEMENT
It is the adjudication by the court that the accused is guilty or not of the offense charged and the imposition on him of the proper
penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the judge and
signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which is based.

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

WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED

The weight of the evidence required in order to convict an accused is “Proof beyond reasonable doubt”

ACQUITTAL
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted because the evidence does not show
that his guilt is beyond reasonable doubt.

APPEAL
Appeal is a statutory right granted to the accused or even the government in proper cases to seek remedy before an
Appellate Court for the annulment or reversal of an adverse decision or conviction rendered by the Trial Court.

WHO HAS THE RIGHT TO APPEAL?

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

CORRECTION- 4TH PILLAR OF CJS

 responsible for the custody, supervision, and rehabilitation, of the convicted offender.

GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF CJS

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

JUSTIFICATIONS OF PUNISHMENT

Retribution
During this period nearly all offenses that are now included in criminal codes as public crimes, were considered private
offenses for which the victims were allowed their redress through personal vengeance.

Expiation or Atonement
group aroused the condemnation of the whole group against the offending member.

Deterrence
It is commonly believed that punishment gives a lesson to the offender; that it shows other what would happen if they violate the law

Protection
People believe that by putting the offender in prison, society is protected from his further criminal depredation.

Reformation
This is the latest justification of punishment. Under this theory, society can best be protected from crime if the purpose of
imprisonment is to reform or rehabilitate the prisoner
CAPITAL PUNISHMENT VS CORPORAL PUNISHMENT
CAPITAL PUNISHMENT CORPORAL PUNISHMENT
BRUTAL PUNISHMENT/ TORTURE PUNISHMENT BY DEATH
EX: FIRING SQUADGARROTEBEADINGELECTROCUTION

When a person is to be confined in a jail or prison, the officer responsible for his custody during confinement shall have a
mittimus or commitment order.

MITTIMUS AND COMMITMENT ORDER DISTINGUISHED:

MITTIMUS COMMITMENT ORDER
It is a warrant issued by a court bearing its seal and the It is a written order of a court or authority consigning a person
signature of the judge directing the jail or prison authorities to to jail or prison for detention.
receive the convicted offender for service of sentence.
Issued by a competent authority or court Issued only by a court

We should also know what are the difference between jail and prisons.

JAIL AND PRISONS DISTINGUISHED:

JAIL PRISON
Under the BJMP Under the BUCOR
Offense is 3 years below Offenses is Above 3 years
minor offenses major offenses

PRISONS IN THE PHILIPPINES

 Davao Penal Colony – located in Davao Del Norte, the first penal settlement founded and organized under Filipino
administration. It was formally established on January 21, 1932 by virtue of Act No. 3732. Two sub- colonies: Panabo and
Kapalong
 Sablayan Prison and Penal Farm – located in Occidental Mindoro. Established on September 26, 1954 by virtue of
Presidential Proclamation No. 72.
It is the youngest colony of the bureau.

 San Ramon Prison and Penal Farm – established in Southern Zamboanga on August 21, 1870 through a royal decree
promulgated in 1869. Considered the oldest penal facility in the country. Originally established for persons convicted of
political crimes. It was here in Dapitan Zamboanga where Dr. Jose Rizal was incarcerated.

 Leyte Regional Prison – situated in Abuyog, Southern Leyte, established a year after declaration of Martial law in 1972.

 Correctional Institution for Women – located at Mandaluyong City. Philippine Legislature passed Republic Act 3579 in
November 1929 which authorize the transfer of all women inmates from Old Bilibid Prison to CIW. On February 14, 1931,
the women prisoners were transferred from Old Bilibid Prison to the building especially constructed to them. Its old name
“Women’s Prison” was changed to “Correctional Institution for Women”.

 New Bilibid Prison – located in Muntinlupa, it was officially named New Bilibid Prison on January 22, 141.
a) Bukang Liwayway Camp – Houses minimum security prisons.(1,500)
b) Sampaguita Camp – Located the RDC for Medium security Unit and the Youth Rehabilitation Center 16 to 21
yrs.

 Iwahig Penal Colony – located at Palawan, established on November 16, 1904 by Governor Luke Wright.

CLASSIFICATION OF PRISONERS
1.Detention Prisoners
a.Persons held for security reasons
b.Persons held for investigation
c.Persons waiting for final judgment
d.Persons waiting for trial

2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.

2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.
2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6 months one day to 3 years
2.4 National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.

NON-INSTITUTIONAL CORRECTIONS
 OTHER TERM USED TO PERTAIN NON-INSTITUTIONAL CORRECTIONS ? COMMUNITY BASED CORRECTION
 WHAT ARE THE PURPOSE OF NON- INSTITIONAL CORRECTIONS?
 decongest the prisons
 lessen government expenses
 increase tax collection
 the offender’s family need not suffer
 crime becomes less hard to control.
 rehabilitation will be more effective

FORMS OF COMMUNITY BASED CORRECTION

PROBATION
 It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the
court and to the supervision of a probation officer.
PAROLE
 a procedure by which prisoners are selected for release on the basis of individual response and progress within the
correctional institution and a service by which they are provided with necessary control and guidance as they serve the
remainder of their sentence within the community.
PARDON
2 TYPES OF PARDON
I. ABSOLUTE PARDON
 total extinction of criminal liability, bring back all civil and political rights.
II. CONDITIONAL PARDON
 partial extinction of criminal liability
NOTE: NOT EXEMPTED FROM CIVIL LIABILITY
AMNESTY
 It is a blanket pardon granted to a group of prisoners, generally political prisoners.
COMMUTATION OF SENTENCE
 It refers to the reduction of the duration of a prison sentence of a prisoner
COMMUNITY- 5TH PILLAR OF THE CJS
The community is understood to mean as “ elements that are mobilized and energized to help authorities in effectively
addressing the law and order concern of the citizenry.”

The citizens can achieve these roles:

a.identifying offenders;
b.giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and syndicates;
c.volunteering as witnesses;
d.adopting precautionary and remedial measures to diminish crime.
As had been pointed out, crime prevention is not the sole responsibility of the police but is equally the concern of every citizen in
order to have a peaceful place to live in.[

KATARUNGANG PAMBARANGAY
(VILLAGE JUSTICE)
PD 1293 – the law “Creating a Katarungang Pambarangay Commission to Study The Feasibility of Resolving Disputes at the
Barangay Level” - promulgated on 27 January 1978 PD 1508 – the law “Establishing a System of Amicably Settling Disputes at
the Barangay Level” RA 7160 – otherwise known as the “Local Government Code of 1991”- provides for the REVISED
KATARUNGANG PAMBARANGAY LAW - enacted on 10 October 1991
LUPONG TAGAPAMAYAPA
MEMBERS:CHAIRMAN – BARANGAY CAPTAINSECRETARY – BRGY. SECRETARYPLUS 10 – 20 MEMBERS Members
of the Lupon shall be appointed by the Barangay Chairman.The Lupon shall be constituted every three years. A Lupon member
shall serve for a period of three years.

PANGKAT TAGAPAGKASUNDO
1) It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from among the
three of them the Pangkat Chairman and Pangkat SecretaryThe members of the Pangkat shall be chosen by the parties of
the dispute from among the Lupon members. In case of disagreement, the Barangay Chairman shall draw lots.
MATTERS THAT FALL UNDER THE JURISDICTION OF THE LUPON
1 those involving offenses that are punishable by the imprisonment of one year and below, or a fine in the amount of five
thousand pesos and below;
2 those involving parties that actually reside or work in the same barangay;
3 those involving marital and family disputes;
4 those involving minor disputes between neighbors;
5 those involving real properties located in the barangay;

PROCEDURES IN BRGY. JUSTICE SYSTEMA. The Chairman shall meet with the respondent and complainant and mediate. If
he fails in his mediation within fifteen (15) days, he shall set a date for the constitution of the Pangkat. B. The Pangkat shall meet not
later than three (3) days after their constitution, on the date set by the Chairman, to hear both parties. C. The Pangkat shall arrive at
a settlement of the dispute within fifteen (15) days from its meeting. This period may be extended for another fifteen (15) days, at
the discretion of the Pangkat. NOTE: The amicable settlement shall have the force and effect of a final judgment of a court upon the
expiration of ten (10) days from the date of settlement.

----THANK YOU---
“ WORK HARD IN SILENCE, AND LET THE SUCCESS MAKE YOUR NOISE”
 SOCIOLOGY OF CRIMES AND ETHICS
CRIMINAL JUSTICE SYSTEM
FETALVERO, JOHN CARLO , RCRIM

1. What pillar is considered as the prime mover or the initiator in cjs???

A. LAW ENFORCEMENT B. COURT
C. CORRECTION D. PROSECUTION
2. This concerns to the obligations of the community to individuals, and requires fair disbursement of common advantages and sharing of
common burden.
A. FREEDOM B. JUSTICE
C. DIVINE D. RESPONSIBILITY
3. VENUE is the authority of the court to hear and try a particular offense and to impose the punishment provided by law.
A. TRUE B. FALSE - Jurisdiction
C. NEITHER D. MAYBE
4. What is that law that created the Manila Police Department?
A. ACT. 175 B. ACT 183
C. ACT 255 D. RA 6975
5. A person who has violated the penal law and has been found guilty by the court.
A. ACUSSED B. PAROLEE
C. CRIMINAL D. SUSPECT
6. Characteristics of Criminal Law criminal law is binding on all people who lives and sojourn in the Philippines.
A. TERRITORIALITY B. PROSPECTIVITY
C. RETROACTIVITY D. GENERALITY
7. RONALD DELA ROSA is the PNP chief with the rank of________;
A. DIR. GENERAL B. GENERAL
C. DIRECTOR D. COMMANDER IN CHIEF
8. “The state shall establish and maintain one police force which shall be national in scope and civilian in character which can be found on 1987
constitution;
A. ART. 6, SEC. 16 B. ART. 66, SEC. 6
C. ART XVI, SEC. 6 D. ART 6, SEC XVI
9. The reglamentary period for perfecting an appeal should be _____after the promulgation of judgment.
A. WITHIN 15 DAYS B. 15 DAYS LATER
C. WITHIN 10 DAYS D. WITHIN 20 DAYS
10. Responsible for the custody, supervision, and rehabilitation, of the convicted offender.
A. CRIMINOLOGY B. PRISON
C. JAIL D. CORRECTION
11. Why the correction pillar is considered as weakest link in the CJS?
A. BECAUSE IT HAS FAILED TO REHABILITATE AND REFORM CRIMINAL OFFENDERS
B. FAILURE TO REINTEGRATE THE OFFENDER IN THE COMMUNITY
C. FAILURE TO TEACH VOCATIONAL COURSE
D. FAILURE TO MOTIVATE
12. It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a
crime has been committed and that the respondent is probably guilty thereof, and be held for trial (Section 1, Rule 112, Rules of Court
A. INQUEST B. PRELIMINARY INVESTIGATION
C. ARRAIGNMENT D. JUDGMENT
13. STATEMENT NO. 1 COMPLAINT is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with
the court, STATEMENT NO. 2 INFORMATION is It is a sworn written statement charging a person with an, offense, subscribed by the offended
party, any peace officer or other public officer charged ,with the enforcement of the law violated.
A. BOTH ARE TRUE
B. STATEMENT NO. 1 IS FALSE, STATEMENT NO 2 IS TRUE
C. BOTH STATEMENT ARE FALSE
D. STATEMENT NO. 1 IS TRUE, WHILE STATEMENT NO. 2 IS FALSE
14. These are the three folds aims of criminal investigation EXCEPT;
A. TO IDENTIFY THE SUSPECT
B. TO LOCATE THE SUSPECT
C.TO PROVIDE EVIDENCE OF HIS GUILT IN CRIMINAL PROCEEDINGS
D. NONE OF THE ABOVE
15. It has the power to define and punish crimes.
A. CHURCH B. STATE
C. SCHOOL D. COURT
16. Special court that is created to take cognizance of cases arising from Muslim personal laws.
A. SHARIA COURTS B. MUSLIM COURT
C. ABDULLAH COURT D. ALL OF THEM
17. A chinese named KAH MOT, counterfeited a money of the Philippines, according to the characteristics of criminal law, is it appropriate that
the Philippine court has the jurisdiction over the case of KAH MOT?
A. NO, IT SHOULD BE CHINA
B. YES, BECAUSE OF THE EXEPTION TO TERRITORIALITY
C. NO. ITS NOT ABOUT NATIONAL SECURITY
D. MAYBE
18. What is the weight of the evidence required in order to convict the accused in criminal proceedings?
A. PROBABLE CAUSE
B. PROOF BEYOND REASONABLE DOUBT
C. PROFENDERANCE OF EVIDENCE
D. RELEVANT EVIDENCE
19. It is known as the police act of 1966.
A.PD 4864 B.EO 4864 C.RA 4864 D.CA 4864
20. Considered as the final arbiter or last resort in criminal proceedings.
A. COURT B. CORRECTION
C.SUPREME COURT D. PROSECUTION
21. What is a group of people having ethnic or cultural or religious characteristics in common?

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A. COMMUNITY B. STATE
C BARANGAY D. NATION
22. It has primary jurisdiction over cases cognizable by the Sandiganbayan and, in the exercise of his primary jurisdiction, it may take over, at
any stage, from any investigatory agency of Government;
A. RTC B. SENATE
C. OFFICE OF THE OMBUDSMAN D. CTA
23. Preliminary Investigation is required to be conducted before the filing of the Complaint or Information for an offense where the penalty
prescribed by law is at
A. AT LEAST 4YRS, 2 MONTHS AND 1 DAY
B. AT LEAST 4 YRS, AND 2 DAYS
C. AT LEAST 10 YERS, 2 MONTHS AND 1 DAY
D. ANY OF THEM
24. Is said to be the centrepiece of the criminal justice system.
A. LAW ENFORCEMENT B. CORRECTION
C. PROSECUTION D COURT
25. The system of law enforcement, adjudication and correction that directly involves the apprehension, adjudication and rehabilitation
offenders who are criminally convicted of an offense.
A. REHABILITATION B. CRIMINAL JUSTICE
C. CORRECTION D. INTERACTION
26. What will happen to the arraignment if the accused appears to be sufferING from an unsound mental condition which effectively renders
him unable to fully understand to changes against him?
A. SUSPEND B. DISMISS
C. TERMINATE D. ABOLISH
27. They are referred to as the forgotten subject in the criminal justice system.
A. Accused B. Criminals
C. Victims D. Witnesses
28. Miranda warning was originated at____?
A. MIRANDA VS OHIO
B. MIRANDA VS PEOPLE OF THE PHIL.
C. MIRANDA VS ARIZONA
D. MIRANDA VS US
29. It carries the burden of proving the guilt of the accused in a formal proceeding.
A. POLICE B. PROSECUTION
C. COURT D. PRELIMINARY INVESTIGATION
30. Supreme court is consist of how many chief justice?
A. 15 B. 10
C. 1 D. 5
31. It was formerly called as the Court of First Instance;
A. RTC B. MTC
C. CA D. SC
32. The release of a convicted offender under supervision and under certain restrictions and requirements after he has served a certain portion
of his sentence in a penal institution.
A. PROBATION B. AMNESTY
C. PARDON D. PAROLE
33. It is considered as the first probation law in the Philippines.
A. ACT 4221 B. PD 968
C. RA 9262 D. PD 620
34. What is the informal pillar of the CJS?
A. POLICE B. COURT C. COMMUNITY D. CORRECTION
35. THe first chief of the Philippine Constabulary in 1901.
A. CAPT MACONONOCHI B. CAPT. HENRY FORS
C. CAPT. HENRY ALLEN D. CAPT GEORGE CURRY
36. THE SECOND-IN- COMMAND IN THE PNP SERVICE
A. DEPUTY CHIEF FOR ADMINISTRATION
B. DEPUTY CHIEF FOR OPERATION
C. CHIEF DIRECTORIAL STAFF
D. REGIONAL DIRECTOR
37. Group aroused the condemnation of the whole group against the offending member.
A. DETERRENCE B. RETRIBUTION
C. EXPIATION OR ATONEMENT D. REHABILITATION
38. The case that abolished ACT NO. 4221based on unconstitutionality
A. PEOPLE VS DE VERA B. PEOPLE VS REYES
C. PEOPLE VS VERA D. PEOPLE VS VERNIE
39. These are the matters that fall under the jurisdiction of the lupon EXCEPT;
A. THOSE INVOLVING PARTIES THAT ACTUALLY RESIDE OR WORK IN THE SAME BARANGAY
B. THOSE INVOLVING HEINOUS CRIMES
C. THOSE INVOLVING MINOR DISPUTES BETWEEN NEIGHBORS;
DTHOSE INVOLVING REAL PROPERTIES LOCATED IN THE BARANGAY;
40. Also known as the “act strengthening the bureau of corrections and providing funds therefore” also known as the bucor law of 2013?
A. R.A 10775 B. R.A 70115
C. R.A 10751 D. R.A 10575
41. Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.
A. MUNICIPAL PRISONER B. PROVINCIAL PRISONER
C. CITY PRISONER D. INSULAR PRISONER
42. Other term used to pertain non-institutional corrections???
A. OUTSIDE REFORMATION
B. SUPERVISION
C. HOUSE ARREST
D. COMMUNITY BASED CORRECTION
43. LOcated at Mandaluyong City. Philippine Legislature passed Republic Act 3579 in November 1929 which authorize the transfer of all women
inmates from Old Bilibid

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A. NEW BILIBID PRISON
B. CORRECTIONAL INSTITUTION FOR WOMEN
C. MANDALUYONG CITY JAIL
D. BUCOR
44. HOW MANY MEMBERS ARE THERE IN LUPON TAGAPAMAYAPA?
A. 10 B. 10-20 C. 20 D. NONE
45. TAGUMPAY SETTLEMENT , This_______ land is distributed to release inmates who wish to settle for good in Palawan
A. 100 HEC. B. 10 HEC.
C. 1000HEC. D. 1 HEC.
46. Basically, the role of the police in society is_____ which is the main goal of the CJS.
A. CRIME PREVENTION B. PEACE AND ORDER
C. LAW ENFORCEMENT D. ARREST OF CRIMINAL
47. Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense
A. TRUE B. FALSE
C. MAYBE D. NO
48. The headquarters of INTERPOL is located at,
A. NEITHERLANDS B. CANADA
C. RUSSIA D. FRANCE
49. Is an agency of Department of Finance. It collects more than half of the total revenues of the government.
A. BUCOR B. BANGKO SENTRAL
C. BIR D. PNP
50. Otherwise known as the “Local Government Code of 1991” - provides for the REVISED KATARUNGANG PAMBARANGAY LAW - enacted
on 10 October 1991
A. R.A 7610 B. R.A. 7160
C. R.A 7061 D. R.A 6071
51. Otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on February 25, 1998; this law amended
certain provisions of RA 6975.
A. R.A 8551 B. R.A 6975C. R.A 9708 D. R.A. 9262
52. According to the RA 6975, PNP is a bureau under the _________?
A. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT.
B. DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT
C. DEPARTMENT OF INTERIOR AND THE LOCAL GOVERNMENT
D. DEPARTMENT OF THE INTERIOR AND THE LOCAL GOVERNMENT
53. In the PNP seal the SUN ,symbolizes ?
A. SYMBOLIZE THE FLOWERING, MATURING AND ULTIMATE REALIZATION OF THE GLORIOUS EVOLUTION OF THE PC/INP INTO A NATIONAL
POLICE ORGANIZATION
B. SYMBOLIZES THE PC/INP
C. IT IS A SYMBOL OF THE HONOR, DIGNITY AND THE PRIVILEGE OF BEING A MEMBER OF THE PNP
D. ALL OF THE ABOVE
54. The machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to maintain peace
and order.
A. CRIMINAL SYSTEM
B. CRIMINAL JUSTICE SYSTEM
C. CRIMINAL JUSTICE EDUCATION
D. DUE PROCESS OF LAW
55. In logo of justice. _______represents objectivity, in that justice is or should be meted out objectively, without fear or favour, regardless of
money, wealth, power, or identity.
A. SWORD B. BLINDFOLD
C. BALANCE SCALE D. WOMEN
56. A person who violated rules of conduct due to behavioral maladjustment
A. PSYCHOLOGICAL DEFINITION
B. SOCIOLOGICAL DEFINITION
C. LEGAL DEFINITION
D. NONE OF THEM
57. Which pillar in the Philippine criminal justice system decides actual controversies brought before it, and interprets the laws of the state?
A. PROSECUTION B. LAW ENFORCEMENT
C. COURT D. CORRECTION
58. What can you do to help in the criminal justice system?
A.HELP IN THE ASSIMILATION OF RELEASED PRISONERS IN THE COMMUNITY.
B.NEGLECT THOSE INMATES INSIDE THE CORRECTIONAL INSTITUTION.
C.ORGANIZE CRIME GROUPS.
D.ALL OF THESE
59. 16.If person released and rehabilitated: Correction; filling of charges or complaint: _____?
A. COMMUNITY B. CORRECTION
C. COURT D. PROSECUTION
60. All are characteristics of criminal law except.
A. RETROACTIVITY love B. GENERALITY
C. PROSPECTIVITY D. TERRITORIALITY
61. If R.A 9165 : Comprehensive Dangerous Drugs Act ; R.A 3815 : _________?
A.REVISED PENAL CODE
B. ANTI- GAMBLING LAWS
C.ILLEGAL POSSESSION OF FIREARMS AND EXPLOSIVES
D. ANTI-FENCING LAW
62. If Philippine Constabulary : __________; Manila Police Department : Capt. George Curry.
A.CAPT. HENRY T. ALLEN B. GEN. DOUGLAS MCARTHURC. HENRY FIELDING D. NONE
63. This pillar accepts the re-entry of the offender as law-abiding and useful citizen of society.
A. COMMUNITY B. CORRECTION C. COURT D. POLICE
64. It means as the power to try and decide, or hear and determine a cause.
A. COURT B. JURISDICTIONC. JAIL D. JUSTICE
65. Takes cognizance of the case, conducts trial and imposes penalty if the accused is found guilty beyond reasonable grounds.
A. PROSECUTION B. LAW ENFORCEMENT

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C. COURT D. CORRECTION
66.Best known as the ‘prison without walls’, located at Palawan
A. SAN RAMON PENAL FARM
B. NEW BILBID PRISON
C. IWAHIG PENAL FARM
D. CIW
67. There are three systems of criminal procedure, the accusatorial, the inquisitorial and the mixed system. In the Philippines, by virtue of the
Judiciary Reorganization Act of 1980 or B.P. 129, system of criminal procedure is adopted or used
A. ACCUSATORIAL SYSTEM
B. INQUISITORIAL SYSTEMC. PROSECUTORIAL SYSTEM
D. THE MIXED SYSTEM
68. The philippines criminal justice system has 5 Pillars,while the US have 3 pillar of their own criminal justice system. What are those 3 pillars?
A. COURT, CORRECTION AND PROSECUTION
B. LAW ENFORCEMENT, COURT AND CORRECTION
C. COMMUNITY, COURT, CORRECTION
D. LAW ENFORCEMENT, PROSECUTION, COURT
69. It is that branch of public, which defines crimes, treats of their nature, and provides for their punishment.
A. CRIMINAL PROCEDURE B. CRIMINAL LAW
C. RULES OF COURT D. PNP MANUALp
70. Criminal law cannot make an act punishable when the time of the commission it is not yet a crime.
A. GENERALITY B. TERRITORIALITY
C. PROSPECTIVITY D. RETROACTIVITY
71. Otherwise known as the Department of the Interior and Local Government Act of 1990, enacted on December 13, 1990.
A. R.A 6975 B. R.A 8551
C. R.A 9708 D. R.A 9165
72. How many prison and penal farm among the correctional institution in the Philippines?
A. 10 B. 8
C. 5 D. 7
73. Where did the only correctional institution for women located?
A. PALAWAN B. MANDALUYONG
C. MUNTINLUPA D. MANILA
74. What is the primary objective of the Barangay Justice System?
A.PROVIDE PUNISHMENT B. AMICABLE SETTLEMEN
C. MEDIATE D. BOTH B&C
75. The first chief of the Philippine National Police
A. BGEN RAFAEL CRAME
B. COL ANTONIO TORRES
C. COL LAMBERTO JAVALERA
D. P/DIR GEN CESAR NAZARENO
76. INTERPOL the largest international police organization in the world, with National Central Bureaus in ____ member countries.
A. 191 B. 192
C. 190 D. 193
77. In INTERPOL notices system. What is being referred as To help locate missing persons, often minors, or to help identify persons who are
unable to identify themselves.
A. YELLOW NOTICE B. RED NOTICE
C. PURPLE NOTICE D. GREEN NOTICE
78. The following are the instances where you can arrest a person without a warrant, EXCEPT
A. WHEN, IN HIS PRESENCE, THE PERSON TO BE ARRESTED HAS COMMITTED, IS ACTUALLY COMMITTING, OR IS ATTEMPTING TO COMMIT AN
OFFENSE;
B. ESCAPED PRISONER
C. WHEN AN OFFENSE HAS JUST BEEN COMMITTED AND HE HAS PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL KNOWLEDGE OF FACTS
OR CIRCUMSTANCES THAT THE PERSON TO BE ARRESTED HAS COMMITTED IT
D. WHEN A PERSON KILL A CHILD
79. Which government agencies in charge for the child in-conflict with the law?
A. DSWD B. DOJ
C. PNP D. DOH
80..What is the degree of proof in criminal cases?
A.PROOF BEYOND REASONABLE DOUBT
B. PROBABLE CAUSE
C.GUILTY
D. NOT GUILTY
81. Process directed to a person, requiring him to bring with him any books/documents/things under his control.
A. SUBPOENA DUCESTECUM
B. SUBPOENA
C. SUBPOENA TESTIFICANDUM
D. SUBPOENA INCOGNITO
82. Is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially those arrests made without a warrant?
A. INVESTIGATION B. INTERROGATION
C. INQUEST D. ARRAIGNMENT
83. Power to contest the constitutionality of the law.
A. JUDICIAL REVIEW B. JUDICIAL POWER
C. JUDICIAL INDEPENDENCE D. JUDICIAL PROTEST
84. What government agencies have special police powers designated to investigate and arrest smugglers and those suspected of violating
tariffs laws?
A..BANKOSENTRALNGPILIPINAS
B. BUREAU OF INTERNAL REVENUE
C.BUREAU OF CUSTOMS
D. PHILIPPINE NATIONAL POLICE
85. Geographical area in which a court with jurisdiction may hear to determine a case.
A. JURISDICTION B. COURT
C. JAIL D. VENUE

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86. Mang Tomas commited a crime of robbery at Brgy. Welfare , Pasay city. He undergo trial at Pasay Regional trial court which he was found
guilty beyond reasonable doubt. What kind of jurisdiction have been exercised on him?
A. JURISDICTION OVER THE AUTHORITY
B. JURISDICTION OVER THE PERSON
C. JURISDICTION OVER TERRITORY
D. ANY OF THEM
87. Judge Carpio read the information in front of the accused filed against him. He also informed the accused of the nature and the cause of
the accusation against him and to ask him of his plea. This process refers to;
A. JUDGMENT B. TRIAL
C. PLEA BARGAINING D. ARRAIGNMENT
88. The Philippines have three (3) branches of government; the Legislative, the Judiciary and__
A. CABINET MEMBERS B. EXECUTIVE BRANCH
C. A ONLY D. ALL OF THEM
89. The organizational structure of the PNP is
A. STAFF B. LINE
C. LINE AND STAFF D. A AND B
90. It is a finding of not guilty based on the merits. Meaning, the accused is acquitted because the evidence does not show that his guilt is
beyond reasonable doubt.
A. ACCQUITAL B. CONVICTED
C. INVOKED D. INFORMED
91. It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and to the
supervision of a probation officer
A. PAROLE B. PARDON
C. COMMUTATION D. PROBATION
92. It refers to the reduction of the duration of a prison sentence of a prisoner
A. PAROLE B. PARDON
C. COMMUTATION D. PROBATION
93. Which is considered the major output and the bottom line of the process?
A..CRIMINAL JUSTICE SYSTEM B. FEEDBACK
C. JUSTICE D. LAW
94. 6.The following are the order of stages of the criminal justice process:
I.Adjudication III. Charging
II.Arrest IV. Corrections
V. Sentencing
A.I,II,III,IV,V B. I,III,IV,II,V
C. II,III,I,V,IV D. II,I,III,V,IV
95. It is a written order of a court or authority consigning a person to jail or prison for detention
A. MITIMUS B. COMMITMENT ORDER
C. JUDGMENT D. CUSTODY
96. Which of the following is not belongs to the group?
A. HOT PURSUIT B. CONTRABANDS
C. FUGITIVE FROM JUSTICE D. ESCAPED PRISONER
97.What pillar of CJS as the frontline defender of democracy, freedom and human dignity?
A.LAW ENFORCEMENT B. PROSECUTION
C. COURT D. CORRECTION
98. It is the highest court in the Philippines
A. SENATE B. SUPREME COURT
C.REGIONAL TRIAL COURT D. COURT OF APPEALS
99. Who is the current Commander in Chief?
A. DIR GEN. BATO B. PRES. DIGONG
C. SEN. PRES PIMETEL D. CHIEF JUSTICE CARPIO
100. This is a special court tasked to handle graft and corruption committed by public officials or employees.
A. OMBUDSMAN B. SANDIGANBAYAN
C. MILITARY COURT D. SUPREME COURT

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 ANSWER KEY; CRIMINAL JUSTICE SYSTEM

1. A 61. A
2. B 62. A
3. B 63. A
4. B 64. B
5. C 65. C
6. D 66. C
7. A 67. D
8. C 68. B
9. A 69. B
10. D 70. C
11. A 71. A
12. B 72. D
13. C 73. B
14. D 74. D
15. B 75. D
16. A 76. B
17. B 77. A
18. B 78. D
19. C 79. A
20. C 80. A
21. A 81. A
22. C 82. C
23. A 83. A
24. D 84. C
25. B 85. D
26. A 86. C
27. C. 87. D
28. C 88. B
29. B 89. C
30. C 90. A
31. A 91. D
32. D 92. C
33. A 93. C
34. C 94. C
35. C 95. B
36. A 96. B
37. C 97. A
38. C 98. B
39. B 99. B
40. D 100. B
41. D
42. D
43. B
44. B
45. C
46. A
47. A
48. D
49. C
50. B
51. A
52. B
53. A
54. B
55. B
56. A
57. C
58. A
59. D
60. A

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