CRIMINAL LAW

CRIMINAL- commits an act or commission in violation of criminal law and

has been convicted by the court.
- Only court can decide if the person is a criminal; with due
process
- Aka perpetrator, offender, culprit (generic terms)
- Delinquent- minor offender or adult offender with minor
offense.
If sinampahan ng krimen ang tao:
1.) Police= suspect, respondent
2.) Fiscal/Prosecutor= respondent
3.) Court= accused; determine if guilty ang criminal.
4.) Kulungan/Provasion= person deprived of liberty
*kapag natapos na ang sintensya balik community na sya= Citizen
What is a CRIME?
- An act or omission in violation of Criminal Law.
CRIMINAL LAW
Revised Penal Code- Felony, (serious crimes) involving violence
(include murder, rape, burglary, kidnapping, theft, robbery, and arson
- FELONY or DELITO – violation of RPC
- BOOK I- Art 1-113 (PRINCIPLES) attempted, consummated,
homicide, complex crime, scale of penalties.
- BOOK II- Art 114- 367 (Crimes and Punishments)

OFFENSE- act of violation of Special Penal Laws (wala sa RPC)

Special Penal Laws- offense

- Includes RA 9165, Dangerous Drugs Act, RA 10591, Illegal
Possession of Firearms.
 ACT ACT 1900-1935
CA COMMONWEALTH 1935-1946
ACT
RA REPUBLIC ACT 1946-1972,1987-
PRESENT
PD PRESIDENTIAL 1972-1986
DECREE
BP BATAS PAMBANSA 1978-1985

Ordinances, Rules, Regulations (Local, brgy., Municipal Ordinances)

- Infraction/Breach- violation or infringement of a law or
agreement.
- Misdemeanor- a minor wrongdoing.
- Deliquency- minor crime, especially that committed by young
people.
• Violation of ordinances, or simple rules and regulation
WHY IS THERE A CRIME?
LABELLING THEORY
- Original cause cannot be known
- No behavior is intrinsically criminal
- Behavior becomes a criminal if its label as such
NULLUM CRIMEN, NULLA POENA SINE LEGE
- “THERE IS NO CRIME IF THERE IS NO LAW PUNISHING IT.”
- There is a crime because there is law violated
• Lagging nauuna ang law bago ang crime

LAW
- It is the primary instrument for making known what acts are
crime and what sanctions maybe applied to those defines as
crimes.
-
TYPES OF LAWS
1.) Common Law- known as body of principles, practices, customs, and
judicial precedents.
2.) Statutory Law- a legislated law passed by the legislature (upper house
and lower house)
3.) Case Law- made by justices in cases decided in the appellate courts
especially in Supreme Court
4.) Substantive Law- creates and defines law
▪ regulates rights, or which regulates the right and
duties which give rise to a cause of action
5.) Procedural Law- process on how law was administered
• Remedial Law- branch of law which provides for the
enforcement or protection of a right, or the prevention or
redress of a wrong
• Adjective Law- the aggregate of rules of procedure or
practice

2 TYPES OF LAW
1.) Civil Law- body of rules that define and protect the rights, contracts,
etc.
2.) Criminal Law- defines crime, treats of their nature, and provides for
their punishment.

ARREST
- taking of the person in order that he may be bound to answer
for the commission of an offense.

JUSTICE
- a social norm providing guidance for people in their dealings
with one another
THEORIES OF JUSTICE
1.) Positive Law Theory- justice is a creature of law made by men. If
violated, there is injustice. If law is adhered, there is justice
 2.) Social Good Theory- justice is what we more find in law. It must be
true for all time, in all societies and in all circumstances.
3.) Natural Right Theory- justice is being rendered to every person for
his right or due.
SYSTEM
- Consist several parts of and interacts with each other
CRIMINAL JUSTICE SYSTEM
- A system or process in the community by which crimes are
investigated, persons, suspected are taken into custody,
prosecuted in court, and punishes if found guilty.
- A machinery which the Philippines uses in the control and
prevention of crimes.
SYMBOLISM OF CJS LOGO
- Blindfold- impartiality
- Lady Justice- Divine Rightness of Law
- Scale/Balance- truth/fairness
- Sword- power of reason

MALLET/GRAVEL
- Used by judge to open or close court session or maintain
order/peace inside the court

PILLARS OF CRIMINAL JUSTICE SYSTEM

1.) Law Enforcement (Police Pillar)- policing
- Concerned with prevention and control of crimes,
enforcements of law, conduct lawful searches and seizures,
assist in prosecuting criminals.
2.) Prosecutor
3.) Court- trial/judgement
4.) Correction- kulungan/probation/rehab
 5.) Community (Base Pillar)
- AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF

THE LAW ENFORCEMENT PILLAR

Otherwise known as POLICING
-Concerned with prevention and control of crimes, enforcement of laws,
conduct lawful searches and seizures, assist in prosecuting
criminals.

THEORIES OF POLICING
Continental Theory
Police are servants of higher authorities
Homerule Theory
Police are servants of the community/people
MODELS OF POLICING
Crime Control Model
Based on the assumption of absolute reliability of police fact-finding and
treats
arrestees as if they are already found guilty
Due Process Model
It's far better 100 guilty men escape justice rather than 1 innocent
person be convicted
CONCEPT OF POLICING
Traditional
The yardstick of effectiveness of police is based on the number of arrest
MODERN
The yardstick of effectiveness of police is based on crime prevention

Philippines National Police (PNP)

Group of trained personnel organized together to achieve
GOALS/OBJECTIVES
-LAW ENFORCEMENT
-CRIME PREVENTION
-PROTECTION OF LIVES AND PROPERTIES
-MAINTENANCE OF PEACE AND ORDER

CRIME PREVENTION
The attempt to prevent crime from occurring by elimination of opportunity

CRIME SUPPRESSION
The attempt to prevent crime from occurring by elimination of desire.

CRIME CONTROL
Minimizing of crime as much as possible.
SEARCH VS SEIZURES
SEARCH
The act of examining a place to look for properties considered by law as
illegal
SEIZURE
The act of confiscating those discovered in the search.
SEARCH WARRANT
An order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal
property described therein and bring it before the court.

PROPERTIES SUBJECT FOR SEARCH AND SEIZURES?

1. Subject of the Offense
2.Stolen or embezzled and other proceeds, or fruits of the offense
3. Used or intended to be used as the means of committing an offense

TYPES OF SEARCH AND SEIZURES

1. Search of Moving Vehicle Seizure in Plain View Search Incidental to
Lawful Arrest Stop and Frisk
- flagging down and searching a moving vehicle after a reasonable
suspicion amounting to probable cause.
2.
- Seizing evidence immediately apparent to the police in the place where
he has the right to be there.
3.
- It allows police to perform a warrantless search of an arrested person, and
the area within the arrestee’s immediate control.
4. Consented arrest
- A search where the search officer has given the consent to search for
person and properties.
5.
- PAT DOWN SEARCH
A limited protective search of outer clothing for weapons after a
reasonable suspicion leading to probable cause.

What is ARREST?
The taking of person in order that he may be bound to answer for the
commission of an offense.
TYPES OF WARRANTLESS ARREST
1.) Arrest of Flagrante Delicto/ CAUGHT ON THE ACT- 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.
- Has committed, actually committing, or is attempting to
commit an offense.
2.) Arrest in Hot Pursuit- first, there must be probable cause; second, the
crime has just been committed, and third, that the person making the
warrantless arrest has personal knowledge of facts or circumstances
that the person to be arrested has committed it
-Has just been committed.
3.) Arrest of Escaped Prisoner -When the person to be arrested is a
prisoner who has escaped from a penal establishment where he is
serving final judgement, or is temporarily confined while his case is
pending, or has escaped during transfer from one place to another.
MIRANDA WARNING
-Individuals under arrest of their constitutional right to remain silent
and to know that their statements can later be used against them in
court; that they can have
an attorney present to help them; and that the state will provide an
attorney if they cannot afford to hire one.

MIRANDA VS ARIZONA
- the Supreme Court ruled that detained criminal suspects, prior
to police questioning, must be informed of their constitutional
right to an attorney and against self-incrimination.
Republic Act 7438- AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL

FORMS OF ARREST
PABI
POLICE OBSERVATION- ARREST- BOOKING- INVESTIGATION
CIBA
COMPLAINT- INVESTIGATION- ARREST-BOOKING
 THE PROSECUTION PILLAR

PROSECUTION
Officially accusing or charging someone of committing a crime in a law of
court.

PROSECUTOR/FISCAL
The person who conducts a prosecution.

PROCESS OF PROSECUTION
1. Receive a complaint.
2. Conduct a preliminary investigation.
3. Dismiss or File Information

TYPE OF ARREST?
CIAB
COMPLAINT- INVESTIGATION-BOOKING – ARREST

COMPLAINT
A sworn statement charging a person with an offense, subscribe by the
offended, any peace officer, or the public officer charged with the
enforcement of the law violated.

PRELIMINARY INVESTIGATION
An inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that crime has been committed and the
respondent is probably guilty thereof and should be held for trial.
PROBABLE CAUSE
Such facts and circumstances which could lead a reasonable discreet and
prudent man to believe that an offense has been committed and that the
object sought in connection with offense are in the place sought to be
searched.

INQUEST
Inquest proceedings follow in cases where persons are arrested without the
benefit of an arrest order or warrant, or are caught in the act of committing
a criminal offense.

INFORMATION
An accusation in writing, charging a person with an offense subscribed by
the prosecutor and filed with the court.
 THE COURT PILLAR

COURT
A judicial institution having the authority to adjudicate legal disputes
between parties and carries out the administration of justice civil, criminal,
and administrative matters.

PARTIES DISPUTING IN THE COURT

1.) PROSECUTION
Complainants/Victims
Prosecutors/Private Lawyer
Police
2.) DEFENSE
Accused/Defendant
Counsel de Officio
Private Lawyer
Counsel de Parte

ADJUDICATION
Legal process by which a judge reviews evidence and argumentation to
come to a decision.

ARRAIGNMENT
A formal reading of a criminal charging document in the presence of the
defendant to inform the defendant of the charges against him or her. In
response to arraignment, the accused is expected to enter a plea.

WHAT SHOULD BE RECORDED DURING PLEADING OR ENTERING A PLEA?

1. NOT GUILTY- the accused refuses to plead

2. NOT GUILTY- the accused pleads guilty but presents exculpatory
evidences.
3. THE COURT WILL FIND OUT THE VOLUNTARINESS OF THE ACCUSED- the
accused pleads guilty to capital offense.

PLEA BARGAINING
It is the disposition of criminal charges by agreement between the
prosecution and the accused usually the accused pleads guilty to lesser
offense.

What will happen after the pleading or entering of plea?

-IF NOT GUILTY?

Proceed to TRIAL
-IF GUILTY OR GUILTY TO LESSER OFFENSE?
Proceed to JUDGEMENT

PRE-TRIAL
A part of adjudication used to expedite the proceedings.
WHAT HAPPENS DURING PRE-TRIAL?
1. Plea Bargaining
2. Stipulation of Facts
3. Marketing of Evidence
4. Waiver of Objections to Admissibility of Evidence
5. Other Matters

TRIAL
The continuation of adjudication when the accused did not plead guilty.

WHAT PARTY SHALL PRESENT THE EVIDENCE FIRST?

The PROSECUTION because they have BURDEN OF PROOF.

BURDEN OF PROOF
THE DUTY OF A PARTY TO PRESENT EVIDENCE ON THE FACTS IN ISSUE
NECESSARY TO ESTABLISH HIS CLAIM OR DEFENSE BY THE AMOUNT OF
EVIDENCE REQUIRED BY THE LAW.

REVERSE TRIAL
It happens when the accused claims a defense. -(the DEFENSE will present
the evidence first)

WHAT ARE THE DIFFERENT TYPES OF DEFENSES OF THE ACCUSED?

1. DEFENSE OF ALIBI
A claimed by the defendant that he or she was in another place when the
crime occurred.
2. DEFENSE OF INSANITY
A claim which the defendant should be exonerated because he was
suffering mental incapacitation when committed the crime.

3. DEFENSE OF INSTIGATION
A claimed by the defendant that he or she would not have committed the
crime were it not for the encouragement or compulsion of law
enforcement agencies.
4. DEFENSE OF DURESS
A claim that the act was a result, not for any intent on the part of the
accused but of threats of loss of life, limb, or loved ones.
5. DEFENSE OF CONSENT
A claim that the victim consented to the act which the accused is charged.

TRIAL ABSENTIA
The conduct of trial where the accused is not physically present.

JUDGEMENT
The adjudication by the court that the accused is guilty or not guilty of the
offense charged and imposition on him of the proper penalty and civil
liability if any.
CONVICTION- GUILTY
ACQUITTAL- NOT GUILTY
APPEAL
A proceeding for review by which the whole case is transferred on the
higher court.
AFFIRMED
REVERSE
SET ASIDE
MODIFIED
THE CORRECTION PILLAR
ARREST AND PROSECUTION
 MGA ARREST OPERATIONS NA VALID KAHIT WALANG ARREST WARRANT.
1. IN FLAGRANTE DELICTO
Kung ang isang tao ay nahuli sa akto na gumawa, gumagawa, o
gagawa pa lamang ng krimen, maaari itong arestuhin kahit walang
warrant of arrest.
2. HOT PURSUIT
Kung ang krimen ay kakapangyari pa lamang at ang arresting officer ay
may REASONABLE SUSPICION na ang isang tao ang siyang gumawa nito,
maaari niya itong arestuhin kahit walang warrant. Halimbawa: Habang
nagpapatrol, nakita ni Pat Maligaya ang isang bangkay (Istong) na
nakahandusay. Bago siya mag patrol, nabalitaan niya na si Istong at si
Mario ay may hidwaan at pinagbantaan ni Mario itong si Istong na
papatayin niya ito. Habang nagtitingin tingin sa paligid ng crime scene,
napansin ni Pat Maligaya na may taong nasa dilim. Nilapitan niya ito at
nakita na ito ay si Mario at ito ay nanginginig at pinagpapawisan.
Maaaring arestuhin ng pulis si Mario kahit hindi naaktuhang gumagawa ng
krimen dahil ang kanyang nabalitaan na hidwaan PLUS ang kanyang
nalamang pagbabanta ni Mario kay Istong PLUS ang behavior ni Mario na
pawisan at nanginginig at malapit siya sa crime scene, kapag pinagsama
sama ay katumbas ng REASONABLE SUSPICION at PROBABLE CAUSE.
3. ESCAPEE
Ang isang preso, detainee man o sentensyado, kapag tumakas sa
bilangguan ay pwede ng arestuhin ng kahit na sino kahit walang arrest
warrant.
 THE COURTS AND THEIR JURISDICTION

SUPREME COURT
- Ito ang pinakamataas na korte sa Pilipinas
- Ito ay may 14 na justices at 1 chief justice (Total 15)
- Ito ang nagrereview ng mga kaso na dinisisyunan ng mga mas
mabababang korte. Ang tawag sa kapangyarihan nito na reviewhin ang
mga desisyon ng mabababang korte ay EXCLUSIVE-APPELLATE
JURISDICTION.
COURT OF APPEALS
- Ito ay may 68 na justices at 1 presiding justice (Total 69)
- Ito ang nagrereview ng mga kaso na dinisisyunan ng Regional Trial Court
(RTC). Ang tawag sa kapangyarihan nito na reviewhin ang mga desisyon
ng RCTs ay EXCLUSIVE-APPELLATE JURISDICTION.
SANDIGANBAYAN
- Ito ay may 14 na justices at 1 presiding justice (Total 15)
- Ito ay tinatawag ding ANTI-GRAFT COURT dahil ito ang nagdedesisyon sa
mga kasong may kinalaman sa RA 3019 (Anti-Graft & Corrupt Practices
Act) na kung saan ay ang mga nagtatrabaho sa gobyerno ang
kadalasang kinakasuhan.
- Ang mga isinasampa lamang dito na kaso ay kung ang inirereklamo na
opisyal ay sumasahod ng Salary Grade 27 pataas o ‘yung mga nakasaad
sa paragraphs A-G sa ilalim ng R.A. No. 3019. Ang tawag sa kapangyarihan
nilang ito ay EXCLUSIVE ORIGINAL JURISDICTION.

REGIONAL TRIAL COURT (RTC)

- Ito ang pinakamataas na TRIAL COURT sa Pilipinas
- Ang mga RTCs ay kasalukuyang tinatawag na SECOND LEVEL COURTS.
- Noong panahon ng mga Kastila, tinatawag ang mga itong COURTS OF
FIRST INSTANCE.
- Ito ang dumidinig sa mga kaso na ang parusa ay 6 na taon pataas. At
ang tawag sa kapangyarihan niyang ito ay EXCLUSIVE-ORIGINAL
JURISDICTION.
- Ito ang nagrereview ng mga kaso na dinisisyunan ng mga MTCs, METCs,
MCTCs, at MTCCs. Ang tawag sa kapangyarihan niyang ito ay EXCLUSIVE-
APPELLATE JURISDICTION.
FIRST LEVEL COURTS
- Ang MTC, MCTC, MTCC, at MeTC ay tinatawag na FIRST LEVEL COURTS.
- Sila ang may kapangyarihang duminig sa mga kaso na ang parusa ay
hindi lalampas sa anim na taon. Ang tawag sa kapangyarihan nilang ito
ay EXCLUSIVE ORIGINAL JURISDICTION.
METROPOLITAN TRIAL COURT (MTC)
- korte na nakakasakop sa iisang municipality
MUNICIPAL CIRCUIT TRIAL COURT (MCTC)
- korte na nakakasakop sa isa o higit pang mga municipalities
MUNICIPAL TRIAL COURT IN THE CITIES (MTCC)
- korte na nakakasakop sa isang city
METROPOLITAN TRIAL COURT (MeTC)
- korte sa NCR o Metro Manila
MGA URI NG JURISDICTIONS
Ang JURISDICTION ay ang kapangyarihan ng korte na dinigin o litisin ang
isang kaso.
1. ORIGINAL JURISDICTION – kapangyarihan kung saan sa kanya lang
pwedeng mag umpisa ang paghawak sa kaso na iyon, PERO pwede ring
hawakan ng ibang korte pagkatapos sa kanya.
2. EXCLUSIVE JURISDICTION – kapangyarihan kung saan siya lang ang
pwedeng humawak ng kaso.
3. APPELLATE JURISDICTION – kapangyarihan na reviewhin at baguhin ang
desisyon ng mas mababang korte.
4. CONCURRENT JURISDICTION – kapangyarihan ng dalawa o higit pang
mga korte na maghati hati sa paghawak ng kaso.
TANDAAN: Kapag ginamit ang salitang EXCLUSIVE ibig sabihin hindi ito
CONCURRENT. Parang sa pag ibig, hindi pwede na may kahati ka
(concurrent) sa taong sayo lamang (exclusive).

TANDAAN: Kapag sinabing EXCLUSIVE-ORIGINAL ibig sabihin ikaw ang

UNANG humawak ng kaso (ORIGINAL) at ikaw LAMANG ang pwedeng
humawak nito (EXCLUSIVE). Halimbawa ay mga kaso na ang parusa ay 6
years pababa. Kapag isinampa ito sa MTC, ang MTC ang may Exclusive-
Original Jurisdiction. PERO, kung ang kaso ay iniapela sa RTC, ang
jurisdiction nalang ng MTC ay ORIGINAL dahil sa kanya nanggaling pero
hindi na siya ang may hawak. Ang jurisdiction naman ng RTC ay EXCLUSIVE-
APPELLATE dahil siya LAMANG (exclusive) ang may hawak ng kasong
rereviewhin (appellate) niya galing sa MTC.

SHARI’A COURTS
- Ito ang mga korte ng mga Muslim na mga nakatayo sa Mindanao.
- Ang pinakamababa ay SHARI’A CIRCUIT COURTS na katumbas ng mga
1st level courts. Ang desisyon dito ay pwedeng iapela sa SHARIA’A DISTRICT
COURTS na katumbas ng RTC. At ang desisyon sa district courts ay
pwedeng iapela sa SHARI’A APPELLATE COURT na katumbas ng court of
appeals. At ang pinakahuling korte kung saan pwedeng mag apela ay
nananatiling Supreme Court.

THE CORRECTION PILLAR

PENOLOGY
-derived from two words peno and logy . The term peno was derived from greek
word poine and latin word poena.
- punishment
PENOLOGY VS CORRECTION
Penology
- branch of criminology that deals with the study of control and prevention of
crime through punishment of criminal offenders.

Correction
-branch of criminal justice system that deals with the study of control and
prevention of crime through rehabilitation of criminal offenders.

Two-fold purpose of imprisonment

1. To punish
2. To rehabilitate

What is correction?
The stage of serving of sentence, reformation, rehabilitation, and reintegration of
offenders into community.

What is reformation?
The term being referred to in corrections about the voluntary transformation of an
individual lacking in social or vocational skills into a productive well-socialized
citizen.

Why correction is considered as the weakest pillar?

Because of its failure to deter individual and reform the offenders.

Punishment vs penalty
Punishment
-the redress that the state takes against an offending member of society that
usually involves pain and suffering.
Penalty
-the suffering inflicted by the state against an offending member for the
transgression of law.

CONTEMPORARY FORMS OF PUNISHMENT -IMPRISONMENT

-parole
-Probation
-fine
-destierro

Justification of punishment
Retribution
-the punishment should be provided by the state whose sanction is violated, to
afford the society or individual the opportunity of imposing upon the offender
suitable punishment as might be enforced . Offender should be punished
because they deserve it.
Expiation and atonement
- it is punishment in the form of group vengeance with the purpose is to appease
the offended public or group.
Deterrence
-punishment gives lesson to the offender by showing to other what would happen
to them if they violate the law.(general deterrence)
-punishment gives lesson to the offender by showing him what would happen to
them if he will commit the crime.(specific deterrence)

Incapacitation and protection

-the public will be protected if the offender has being held in condition where he
cannot harm other especially the public . Punishment is effected by placing
offenders in prison so that the society will be insured from further criminal
depredation of criminals.
Reformation and rehabilitation
-it is the establishment of the usefulness and responsibilities of the offender .
Society's interest can be better served by helping the prisoner to become law
abiding citizen and productive upon his return to the community by requiring him
to undergo intensive program of rehabilitation in prison.

INSTITUTIONAL CORRECTIONS VS NON INSTITUTIONAL CORRECTIONS

Institutional corrections
-provide supervision and control of the numerous institutional facilities nationwide
which provide safe keeping and rehabilitation of inmates.
DOJ
DILG
DSWD
BUREAU OF CORRECTION
PROVINCIAL GOVERNMENT
*PROVINCIAL JAILS
YRC
BJMP
*DISTRICT JAILS
*CITY JAILS
*MUNICIPAL JAILS
Non institutional corrections
-these are programs designed to help an offender be reformed in the free
community.
OFFICE OF THE PRESIDENT (PARDON)
PAROLE AND PROBATION ADMINISTRATION
*DEPARTMENT OF JUSTICE
*COURT (PROBATION)
*BPP (PAROLE)
MITTIMUS
A warrant or court order directing a jail officer to commit someone in prison.
-Sentence Mittimus
-Detention Mittimus

JAIL VERSUS PRISON

JAIL
-for convicted offenders sentence to less than three years of imprisonment.
PRISON
-for convicted offenders sentence to MORE than three years of imprisonment.

TYPE OF JAILS
1. LOCKUP JAIL
Common to police stations which confines those under investigation.
2. ORDINARY JAILS
Used to detain convicted criminal to serve sentence less than three years.
3. WORKHOUSES/ JAIL FARMS/ JAIL CAMPS
Houses offenders serving short sentence, undergoing constructive work program.

TYPES OF PRISONERS
1. DETENTION PRISONERS
Those who are the things awaiting trial and judgment.
2. SENTENCED PRISONERS
Those who are serving their sentence.
3. FOR SAFEKEEPING PRISONERS
Those who are insane are incapable of protecting themselves.
TYPES OF SENTENCED PRISONERS
1.) NATIONAL OR INSULAR PRISONERS
3 years and above
2.) PROVINCIAL PRISONER
6 months to 3 years
3.) CITY PRISONER
1 day to three years
4.) MUNICIPAL PRISONER
1 DAY TO SIX MONTHS

NON INSTITUTIONAL CORRECTIONS

WHAT ARE NON INSTITUTIONAL CORRECTIONS ?
-these are methods of correcting of fenders without having to go to prison
-alternative imprisonment community based correction
1. PROBATION
- is a disposition whereby a defendant after conviction and sentence, is released
subject to condition imposed by the court and to the supervision of a probation
officer.
WHO CAN APPLY FOR PROBATION ?
- those convicted offenders sentence to suffer imprisonment of not more than six
years.
IS IT ABSOLUTE THAT ONLY THOSE WHO ARE SENTENCE FOR IMPRISONEMENT OF NOT
MORE THAN 6 YEARS ARE ALLOWED TO APPLY FOR PROBATIO?
No, first time minor offender is exempted. Section 70, RA 9165
WHERE TO FILE THE PROBATION ?
- in the court that tried and sentence the convicted offender.
WHEN TO FILE THE PROBATION ?
-after conviction within the period of perfecting an appeal
IS IT ABSOLUTE THAT ONLY AFTER CONVICTION AND WITHIN PROSPECTING AND
ABILITIES THE ONLY TIME ALLOWED TO PLAY FOR PROBATION?
-NO, child in conflict with the law
-section 42 ra 9344
WHAT ARE THE DISQUALIFICATION FOR PROBATION APPLICATION ?
1.) Those who are sentenced to suffer imprisonment of more than six.
2.) Doors who i previously convicted in spanish of more than 6 years in a one-day
imprisonment or a fine of not less than ₱1000.00
3.) Those water previously granted probation (PD 968)
4.) Those who were convincted against security of the state.
5.) Those who were already serving their sentence when probation became
applicable.
CAN JUDGES DECISION OVER PETITION FOR PROBATION BE APPEALED ?
-NO
HOW MANY TIMES CAN PROBATION BE GRANTED ?
-ONLY ONCE
WHAT ARE THE CONSEQUENCES IF THE PROBATIONER COMMITTED A CRIME ?
1.REVOCATION OF PROBATION
2. SERVING OF ORIGINAL SENTENCE
3. PROSECUTION OF ANOTHER CRIME
CAN THE OFFENDER BE RELEASED PENDING APPLICATION FOR PROBATION ?
1.) On the same bond he filed during trial
2.) On a new bond
3.) To the custody of a responsible member of the community if unable to file
bond (recognizance)
WHAT ARE THE AUTHORITIES OF THE JUDGE OVER THE PROBATION ?
1. Grant
2. deny
3. modify
4. revoke
5. terminate
HOW LONG IS THE PERIOD OF PROBATION?
1. Not more than 2 years if the sentence of imprisonment for 1 year or less
2. Not more than 6 years if the sentence is imprisonment for more than 1 year but
not more than 6 years.
WHAT ARE THE RULES OF CHANGE OF RESIDENCE ?
-The probationer must file a request for change of resident at the city or provincial
parole and probation officer to the court's approval.
-if approved, the RTC which has the jurisdiction over the place shall have full
control of the probationer .
WHEN IS PROBATION TERMINATED ?
1. After satisfactorily completing the probation period.
2. Before expiration of period (at least 1/3 of the imposed period not less than 6
months).
3. When pardoned
4. When deported
5. Death

2. PAROLE
Refers to the conditional release of an offender for a penal institution after he has
served the minimum period of his prison sentence.
Parole d' honneur which means "WORD OF HONOR"
WHAT IS THE LEGAL BASIS OF PAROLE?
ACT 4103
The indeterminate sentence law
Approve December 5 1933
DETERMINATE SENTENCE
-the criminal must serve the entire sentence period the date of release remains
objective.
INDETERMINATE SENTENCE
-criminal will serve a range of years as determined by the judge.
WHO GRANTS PAROLE ?
-The Board Of Pardons And Parole (BPP)
WHAT ARE THE DISQUALIFICATION FOR PAROLE APPLICATION?
1. Those convicted of an offence punished with death penalty reclusion perpetua
or life imprisonment
2. Those convicted of treason, conspiracy or proposal to commit treason,
misprision of treason, rebellion, sedition, coup d' etat , or espionage.
3. Those convicted of piracy or mutiny on the high seas or Philippine waters
4. Those who are habitually delinquents
5. Those who escape from confinement or evaded sentence.
6. Those who were granted Conditional Pardon and violated any of the terms
thereof
7. Those whose maximum term of imprisonment does not exceed 1 year or those
with definite sentence.
8. Those suffering from any mental disorder as certified by a government
psychiatrist or psychologist.
9. Those whose conviction is on appeal
10. Those who have pending criminal cases.
HOW MANY TIMES CAN A PAROLE BE GRANT?
- more than once
3. PARDON (CONDITIONAL)
-refers to an act of executive clemency by a head of state for the purpose of
exempting an individual from punishment imposed upon him by a court of law.
ABSOLUTE PARDON
-granted without any condition wipe away the guilt of pardonee and makes
himself innocent as if he has not committed any crime.
CONDITIONAL PARDON
-granted with the condition imposed
WHAT ARE THE INSTANCES WHERE PARDON CANNOT BE EXERCISED BY THE
PRESIDENT ?
1. It may not be exercise for offenses in impeachment cases.
2. It may be exercised only after conviction by final judgment.
3. It may not be exercised over civil contempt.
4. In case of violation of election law.
5. It cannot be exercised to violation of tax laws.
PARDON IS AN ACT OF ?
-GRACE

4. AMNESTY
- is a general pardon extended to a group of persons generally exercised by the
chief executive with the concurrence of congress.
AMNESTY IS AN ACT OF ?
- OBLIVION
WHEN CAN AN AMNESTY BE GRANTED?
- before, during, and after trial or even after conviction

PARDON VS AMNESTY
(As the number of grantees)
PARDON- can be granted to INDIVIDUAL person
AMNESTY- can be granted to GROUP of person, usually political offenders.

PARDON VS AMNESTY
(As to the time to avail)
PARDON - after conviction
AMNESTY- during investigation, before, during, and after trial, and after
conviction.

PARDON VS AMNESTY
(As to the effect)
PARDON- relieves offender from the consequence of the offense. ACT OF
FORGIVENESS.
AMNESTY- it puts into nothingness the offense of which one is charge so that the
person as if he had never committed the offense. ACT OF FORGETFULNESS.

Lecture on Katarungang Pambarangay Law

What are the laws creating the Katarungang Pambarangay?
R.A. 7160 – THE LOCAL GOVERNMENT CODE OF 1991
Date of Approval – October 10, 1991
Date of Effectivity – January 01, 1992
Chapter VII
Sec. 399 – Sec. 422
Katarungang Pambarangay

What is LUPON
Lupon which refers to “Lupong Tagapamayapa” shall be created in each
Barangay which consists of 10-20 members that decides disputes and any other
matters and executes the Katarungang Pambarangay.
(Sec. 399-a, R.A. 7160)

Who is the head of the Lupon?

The punong-barangay shall be the chairman of the Lupon.
(Sec. 399-a, R.A. 7160)
WHO PROPOSES MEMBERS FOR THE CONSTITUTION OF THE LUPON?
A notice to constitute the lupon, which shall include the names of proposed
members who have expressed their willingness to serve, shall be prepared by the
punong barangay within the first fifteen (15) days from the start of his term of
office. Such notice shall be posted in three (3) conspicuous places in the
barangay continuously for a period of not less than three (3) weeks.
(Sec. 399-c, R.A. 7160)
Shall there be another posting of the list of appointed members of the Lupon?
The list of appointed members shall be posted in three (3) conspicuous places in
the barangay for the entire duration of their term of office.
(Sec. 399-e, R.A. 7160)
When and where shall the members of the Lupon take oath?
Upon appointment, each lupon member shall take an oath of office before the
punong barangay.
(Sec. 400, R.A. 7160)
What shall be done after resignation, transfer of residence or place of work, or
withdrawal of appointment by members of the Lupon?
The punong barangay shall immediately appoint a qualified person who shall
hold office only for the unexpired portion of the term.
(Sec. 401, R.A. 7160)
Should the members of the Lupon meet even without dispute to be settled?
Yes. To provide a forum for exchange of ideas among its members and the public
on matters relevant to the amicable settlement of disputes, and to enable various
conciliation panel members to share with one another their observations and
experiences in effecting speedy resolution of disputes.
(Sec. 402-b, R.A. 7160)
How many times should the Lupon meet for exchange of ideas regarding
amicable settlement?
Once a month.
(Sec. 402-b, R.A. 7160)
Who shall act as the secretary
of the Lupon?
The Barangay secretary.
(Sec. 403, R.A. 7160)
What is Pangkat?
There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the pangkat ng tagapagkasundo, hereinafter
referred to as the Pangkat, consisting of three (3) members who shall be chosen
by the parties to the dispute from the list of members of the lupon.
(Sec. 404-a, R.A. 7160)
What will happen if the parties failed to agree on the Pangkat membership?
Drawing lots by the Lupon chairman.
(Sec. 404-a, R.A. 7160)
Who shall be the chairman and the secretary of the Pangkat?
The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary.
(Sec. 404-b, R.A. 7160)
Who shall choose to occupy any vacancy in the Pangkat?
Any vacancy in the pangkat shall be chosen by the parties to the dispute from
among the other lupon members.
(Sec. 405, R.A. 7160)
What will happen if the parties failed to agree on choosing person to occupy
Pangkat vacancy?
Drawing lots by the Lupon chairman.
(Sec. 405, R.A. 7160)
What is the character of office and service of the Lupon members?
Considered as PERSONS IN AUTHORITY while in the performance of official duties.
(Sec. 406-a, R.A. 7160)
Are Lupon members compensated?
NO. Only incentives and allowances.
(Sec. 406-b, R.A. 7160)
What is amicable settlement?
The polite and friendly settlement of dispute that satisfies both parties
Which are not subjects for amicable settlement?
1. Where one party is the government, or any subdivision or instrumentality
thereof.
(Sec. 408-a, R.A. 7160)
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions.
(Sec. 408-b, R.A. 7160)
3. Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00).
(Sec. 408-c, R.A. 7160)
Examples of Offenses punishable by the Revised Penal Code cognizable by the
Lupon

1. Alarms and Scandals

2. Use of false certificates

3. Concealing one’s true name and other personal circumstances

4. Physical injuries committed in a tumultuous affray

5. Slight physical injuries and maltreatment

6. Other forms of trespass

7. Other light threats

8. Other light coercion or unjust vexations

9. Some forms of thefts

10. Altering boundaries or landmarks

11. Other deceits

12. Arson of property of small value

13. Social cases of malicious mischief

14. Other mischiefs

15. Slight slander

16. Slander by deed not of a serious nature

17. Intriguing against honor

18. Theft, swindling or malicious mischief committed or caused mutually by certain relatives,

4. Offenses where there is no private offended party.

(Sec. 408-d, R.A. 7160)
5. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon.
(Sec. 408-f, R.A. 7160)
What are the jurisdictions of Katarungang Pambarangay?
1. Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the lupon of said barangay.
(Sec. 409-a, R.A. 7160)
2. Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the respondent or any
of the respondents actually resides, at the election of the complainant.
(Sec. 409-b, R.A. 7160)
3. Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study, shall be
brought in the barangay where such workplace or institution is located.
(Sec. 409-d, R.A. 7160)
Note:
Objections to venue shall be raised in the mediation proceedings before the
punong barangay; otherwise, the same shall be deemed waived.
(Sec. 409, R.A. 7160)
What should be the form of initiating amicable settlement proceedings for a cause
of action against anyone?
Either oral or in writing.
(Sec. 410-a, R.A. 7160)
Who shall act first as mediator upon receipt of the action and How?
The Lupon chairman.
- Day after the receipt of action – summons the respondent(s) and notices
the complainant(s) and their witnesses to appear before him.
- If mediation effort failed within 15 days after the first meeting, the
constitution of the Pangkat shall be made.
(Sec. 410-b, R.A. 7160)
What is the period where the Pangkat shall arrive at a settlement?
The pangkat shall arrive at a settlement or resolution of the dispute within fifteen
(15) days from the day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be extendible for another period
which shall not exceed fifteen (15) days, except in clearly meritorious cases. (Sec.
410-e, R.A. 7160)
What shall be the form of settlement?
All amicable settlements shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman or the pangkat
chairman, as the case may be.
(Sec. 411, R.A. 7160)
What are the instances where disputes under jurisdiction of the Lupon can be filed
directly in court?
1. There has been a confrontation between the parties before the lupon
chairman or the pangkat.
(Sec. 412-a, R.A. 7160)
2. That no conciliation or settlement has been reached as certified by the lupon
secretary or pangkat secretary as attested to by the lupon or pangkat chairman.
(Sec. 412-a, R.A. 7160)
3. The settlement has been repudiated by the parties thereto.
(Sec. 412-a, R.A. 7160)

What is Arbitration?
Arbitration, a form of alternative dispute resolution, is a way to resolve disputes
outside the courts. The dispute will be decided by one or more persons, which
renders the
“arbitral/arbitration award”
When can the parties agree for arbitration?
At any stage of the proceedings.
(Sec. 413-a, R.A. 7160)
When can the parties repudiate the agreement to arbitration?
Within 5 days from the date of agreement.
(Sec. 413-a, R.A. 7160)
What will happen if there’s no repudiation made?
The arbitration award shall be made after the lapse of the period for repudiation
and within ten (10) days thereafter.
(Sec. 413-a, R.A. 7160)
Shall the proceedings be made open to the public?
YES. Except upon request of a party with the approval of the Lupon/Pangkat
chairman if the proceeding needs privacy, decency, public morals.
(Sec. 414, R.A. 7160)
May the party not appear during proceedings and be represented by his counsel
or any representative?
NO. The party must appear in person without the assistance of counsel or
representative.
(Sec. 415, R.A. 7160)
May the party (minor/incompetent) not appear during proceedings and be
represented by his counsel or any representative?
YES. He may not appear and be represented or, if he appears, may be assisted
by his next-of-kin which is not a lawyer.
(Sec. 415, R.A. 7160)
When may a lawyer appear before the Lupon for amicable settlement?
If he is one of the parties having dispute.
When shall amicable settlement or arbitration award be repudiated by the party?
Within 10 days from the date of settlement.
(Sec. 417, R.A. 7160)

Salient Features of R.A. No. 9344

OBJECTIVE:
• Familiarize the processes involved in the juvenile justice system,
highlighting the concepts of different intervention programs.