REVIEW NOTES participative criminal justice system in the Philippines,
on government agencies, agencies in the private sector, non-
CRIMINAL JUSTICE SYSTEM
INTRODUCTION
B. OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING
Criminal Justice System defined -
1. Criminal Justice System (CJS) is the machinery used
by the society to prevent and control crime. It is the
tool of a democratic government to protect the people
against criminality and other peace and order
problems.
2. In theory, CJS is an integrated process primarily
concerned with apprehension, prosecution, trial,
adjudication, and correction of criminal offenders.
3. CJS is a legal process of linking the law enforcement,
prosecution, courts, corrections, and community to
have an integrated scheme of investigating and
preventing crimes with the ultimate purpose of
promoting justice.
Justice defined -
1. Justice is “rendering what is due or merited and that
which is due or merited.”
2. According to Mortimer J. Adler, there are two
principles of justice:
a. Render to each his due.
b. Treat equals equally and unequal
c. Unequally but in proportion to their inequality.
3. Justice, according to the Supreme Court of the
Philippines, is symbolically represented by a
blindfolded woman, holding with one hand a sword
and with the other a balance.
A. NATURE AND SCOPE OF CJS
In the Philippine setting, there are five major
components of the CJS. These are also known as the
five pillars of CJS. Law Enforcement – Prosecution –
Courts – Corrections - Community
Generally speaking, the following are the functions of
the five components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of
the people
4. To detect, investigate, apprehend, prosecute, and
punish those who violate the law
5. To rehabilitate the convicted criminal offenders and
reintegrate them into the community as law-abiding
citizens
CJS operates by linking the police, prosecuting
agencies, courts, correctional institutions, and the
mobilized community to form an operational cycle
designed to promote justice for criminal victims as well as
those who are accused and convicted of crimes.
The first four pillars - law enforcement, prosecution,
courts, and corrections - pertain to the government
agencies vested with official responsibility in dealing with
crime prevention and control. The community pillar has
the broadest jurisdiction. Under the concept of the
government organizations, and ordinary citizens, become
a part of the CJS upon involvement in issues and activities
related to crime prevention and control.
1. LAW ENFORCEMENT: This first pillar consists mainly
of the police. The work of the police primarily involves
prevention and control of crimes by enforcing the laws,
investigating crimes, arresting offenders, and
conducting lawful search and seizure to gather
necessary evidences needed to file a criminal
complaint.
2. PROSECUTION: The second pillar takes care of the
investigation of criminal complaints to ensure that
there are reasonable grounds in filing such complaints.
In rural areas, the police may file the complaint with
the inferior courts (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,
the court issues an arrest warrant for the accused
once the information has been filled.
3. COURTS: The courts provide opportunity for the
prosecution to present evidence and establish proof of
criminal guilt of the accused. During trial, that the
accused is given time in the court to disprove the
accusation against him.
Our criminal justice system abides by the
Constitutional presumption that any person accused of
a crime is presumed innocent unless proven
otherwise. This means that the courts must determine
the guilt of the accused beyond reasonable doubt
based on the strength of the evidence presented by
the prosecution. If there is any reasonable doubt that
the accused commit a crime, he has to be acquitted.
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.
4. CORRECTIONS: The fourth pillar takes over once the
accused, after having been found guilty, is meted out
the penalty for the crime he committed. He can apply
for probation or he could be turned over to a non-
institutional or institutional agency or facility for
custodial treatment and rehabilitation. The offender
could avail of the benefits of parole or executive
clemency once he has served the minimum period of
his sentence. When the penalty is imprisonment, the
sentence is carried out either in the municipal,
provincial or national penitentiary depending on the
length of the sentence meted out.
1
 5. COMMUNITY: This pillar has 2-fold role.
a. First, it has the responsibility to participate in law
enforcement activities by being partners of the
peace officers in reporting the crime incident,
and helping in the arrest of the offender.
b. Second, it has the responsibility to participate in
the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation
of convicts and their reintegration to society.
Under the concept of a participative criminal justice
system in the Philippines, public and private agencies as well
as citizens, become a part of the CJS when they participate
and become involved with issues and activities related to crime
prevention.
Thus, citizen-based crime prevention groups become
part of the CJS within the framework of their involvement in
crime prevention activities and in the reintegration of the
convict who shall be released from the corrections pillar into
the mainstream of society.
C. IMPORTANCE OF STUDYING THE CJS
You should be concerned about the CJS because it
affects your life, your work, your activities and, in general, your
pattern of behavior and relationship in the community.
This is why the community pillar is also the base of the
entire CJS as there will never be criminal cases, in the first
place, if the community is healthy and law-abiding.
But for the few who may have gone astray, they
should be reintegrated into the community once they are
released from the jail or prisons and should be helped to
become law-abiding members of the community.
THE LAW ENFORCEMENT PILLAR
In the Philippine setting, the first pillar of consists of
the police. The primary police agency that symbolizes the law
enforcement pillar is the Philippine National Police (PNP). To
understand how the PNP evolved as the leading law
enforcement agency, the evolution of police service in our
country might be able to help you.
A. EVOLUTION OF THE PHILIPPINE POLICE SERVICE
1. Spanish Regime
Policing during the Spanish Regime was inherently a
part of the military system. The locally organized police forces,
although performing civil duties and seemingly created for the
sole purpose of maintaining peace, were in fact directly
commanded by the colonial military government. (Tradio
Police functions at this time involve the following:
a. suppression of brigandage by patrolling
unsettled areas
b. detection of local or petty uprising
c. enforcement of the tax collection, including
church revenues
Police forces organized during the Spanish regime
were:
a. Carabineros de Seguridad Publico (Mounted
Police): This was organized in 1712 for the
purpose of carrying out the policies of the
Spanish government. Carabineros were
armed and considered as the mounted police.
Later, they discharged the duties of a port,
harbor, and river police.
b. Guardrilleros: This was a body of rural police
organized in each town that was created by
the Royal Decree of January 8, 1836. This
police force was composed of 5% of the able-
bodied male inhabitants of each
town or province, and each member should
serve for at least 3 years.
c. Guardia Civil: This was the police organization
created by the Royal Decree issued by the
Spanish Crown government on February 12,
1852. It relieved the Spanish Peninsular
Troops of their works in policing towns. It
consisted of a body of Filipino policemen
organized originally in each of the provincial
capitals of the central provinces of Luzon
under the command of Alcalde (Governor).
2. Japanese Occupation
The Japanese Military Police known as
“Kempetai” was held responsible in maintaining peace
and order in Manila. The Manila Police, which was
created during the first American occupation, was
renamed into Metropolitan Constabulary under the
Bureau of Constabulary. Kempetai ruled the urban
areas until Gen. Douglas McArthur returned on
February 7, 1945.
3. American Occupation
The first American occupation in the
Philippines that came after the Filipino-American War
(1898 to 1901) was followed by a period of political
ferment and social imbalance.
a. Insular Police Force was established on Nov.
30, 1890 during the Filipino-American war
(1898-1901) upon the recommendation of the
Philippine Commission to the Secretary of
War.
b. Another Insular Police Force was created on
JULY 18, 1901 by virtue of ACT # 175,
titled as "AN ACT PROVIDING FOR THE
ORGANIZATION AND GOVERNMENT OF
AN INSULAR CONSTABULARY".
c. Manila Police Department was organized on
July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police
was Capt. George Curry.
d. The Philippine Constabulary (PC) was
formally established on Oct. 03, 1901 by virtue
of Act # 255. Capt. Henry T. Allen was the 1st
Chief of the Philippine Constabulary. The PC
was manned mostly by Filipinos but officers
were mostly Americans.
e. Revised Administrative Code of 1917 was
approved a year before World War I (August
2
 1914 to November 1918) ended. In section
825 of this  law, it stated that the
Philippine Constabulary is a national police
institution for preserving the peace, keeping
order and enforcing the law.
f. In November 1938, Act # 181 required the
creation of a Bureau of Investigation. This
agency should be the modification of the
Division of Investigation (DI) from the
Department of Justice. Finally, on June 19,
1947, RA 157 was enacted which created the
National Bureau of Investigation.
4. Post World War II
a. In 1960, Republic Act # 2678 was enacted
and this law provided the expansion and
reorganization of the NBI. This law
established that the NBI is both an
investigative and research service agency.
b. On January 1, 1964, the Rules of Court took
effect. This procedural law was construed in
order to promote the broad objective of the
criminal justice system and to assist the
parties in obtaining just, speedy, and
inexpensive determination of every action and
proceeding.
c. On September 18, 1966, Republic Act # 4864
otherwise known as Police Act of 1966 was
enacted. The law created the office of the
Police Commission (which was later called
National Police Commission) under the Office
of the President. Originally, the POLCOM was
created as a supervisory agency to the PC. Its
function is to oversee the training and
professionalization of the local police forces.
Through this law, reformation and
professionalization of the police service
gained official recognition.
d. On Aug. 8, 1975, Presidential Decree # 765
was enacted and stipulated that the office of
the NAPOLCOM should be under the office of
the Ministry of National Defense. It defined
also the relationship between the Integrated
National Police and the Philippine
Constabulary.  This was in compliance with
the provisions of Section 12, Article 15 of the
1973 Philippine Constitution.
e. On December 13, 1990, Republic Act # 6975
was approved by then President Corazon
Aquino. This law is known as the DILG Act of
1990 and but it is also recognized as The PNP
Law of 1991. This law created the Philippine
National Police and declared it to be the only
police force of the country with national scope
and civilian in character.
f. On February 25, 1998, the provisions of
Republic Act # 6975 concerning the PNP were
amended when Republic Act # 8551 was
approved by President Fidel Ramos. RA #
8551, known as the PNP Reform and
Reorganization Act of 1998, reorganized the
PNP for the purpose of reforming or
professionalizing it.
B. DEFINITION OF LAW ENFORCEMENT
Law enforcement may refer to the policing body of the
society or the police force created by the government.
Law enforcement, used in another perspective, is the
process of implementing the laws enacted by the legislative
body of the national and local government for the purpose
protecting the life, rights and properties of the people while
maintaining the peace and order in the society. Law
enforcement, as an activity, is therefore synonymous to police
operations.
Law Enforcement operations encompass the following:
Prevention of crime, Repression of criminal activities,
Preservation of peace and order, Protection of life and
property, Enforcement of laws and ordinances, Regulation of
non-criminal conduct, Apprehension of criminals, Prompt
execution of the criminal processes of the courts, Coordination
and cooperation with other law enforcement agencies,
Safeguarding health and public morals
C. POLICE FUNCTIONS
Based on the law enforcement operations stated
above, the following are inherent police functions :
Investigating crimes, Filing charges against
perpetrators/offenders, Assisting the prosecution in the trial of
criminal cases, Collecting, preserving, keeping and presenting
physical evidences to the courts, Aiding and evaluating victims
of criminal attacks, Testifying in courts in any criminal
prosecution, Apprehension of law-violators
1. Providing necessary services in the reformation of
convicted offenders
2. Assisting in the amicable settlement of minor civil
or criminal cases particularly in the damages and
indemnifications
3. Providing protection and security to complainants
or witnesses who are subject to criminal
harassment
4. Delivering of notices to witnesses
5. Effecting court orders to suspected offenders and
hostile witnesses
When a crime is committed, how does it reach the attention of
the police?
1. When witnesses or concerned citizens report a
criminal incident
2. When the offended party files a criminal complaint
3. By the spontaneous action or self-initiation of the
directly concerned Law Enforcement agencies
Upon knowing that a crime has been committed, how should
the police respond?
3
 The following steps provide a scenario that is usually
adopted in dealing with crimes.
1. Proceed at the crime scene ASAP.
2. Arrest the perpetrators if they are still present at the
crime scene.
3. Protect the crime scene.
4. Conduct crime scene search. In searching the crime
scene for evidences, you can choose from these
different search methods: Point-to-point search, Strip
search, Grid or double strip search, Spiral/circular
search, Wheel search, Zone/quadrant/sector search
5. Seize contrabands or weapons under the possession
of suspects.
6. Interview victims and witnesses.
7. Get the deposition (statement) of the suspect/s,
victim/s, and witness/es.
8. File the appropriate case against the suspect/s.
PROSECUTION PILLAR
A. CONCEPT OF PROSECUTION
1. Prosecution may refer to the agency responsible in
presenting the government’s position in criminal cases
and evaluating evidences presented by the law
enforcement.
2. Prosecution is the legal process/method by which an
accusation is brought to the court (or any judicial and
quasi-judicial body) for proper adjudication/arbitration
(settlement)
B. PROSECUTION AGENCIES
1. Government agencies
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal
Prosecutors
f. Public Attorneys Office
2. Non-Government prosecuting agencies
IBP – CLAO – FLAG – MABINI - Other legal-aid
lawyer associations
Attorneys in private practice should be deemed a
part of this CJS component. They represent the parties
(complainant and respondent) in proceedings before the
public prosecutors.
C. FUNCTIONS OF THE PROSECUTION AGENCIES
The prosecution service has the following general
functions:
1. Evaluate the police findings referred to them, or other
complaints filed directly with them by individual
persons ;
2. File corresponding criminal complaints or information
in the proper courts on the basis of their evaluation on
the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of
the people of the Philippines.
D. WHO IS A PROSECUTOR?
1. A Prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at
his office and perform other prosecution functions as
provided by law.
2. The Prosecutor is not just an ordinary official of the
government; he is an officer of the court whose
criminal responsibility under the law is to carry out the
administration of the CJS thru an adequate
examination of the offense charged and to decide
whether or not to prosecute a person without
sacrificing fairness and justice.
The Prosecutor has a dual function/duty:
1. As a Prosecutor per se: Basically, the Prosecutor
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.
2. As the chief law enforcement officer: The Prosecutor
has the inherent responsibility to supervise all criminal
cases under investigation by the local police force as
well as non-prosecution police-oriented activities.
E. THE PROSECUTION PROCESS
1. Filing of Complaint
Complaint is legally defined as a sworn written
statement charging a person with an offense,
subscribed by the offended party, any peace officer or
other public officer charged with the enforcement of
the law violated. (Sec. 3, Rule 110, RRC)
2. Preliminary Investigation
Preliminary Investigation refers to an inquiry
or proceeding for the purpose of determining whether
there is a sufficient ground to engender a well-founded
belief that a crime has been committed and that the
suspect/respondent is probably guilty thereof, and
should be held for trial. (Sec. 1, Rule 112, RRC)
Officers authorized to conduct Preliminary
Investigation:
a. Provincial or City fiscals and their assistants
b. Judges of the MTC and the MCTC
c. National and Regional state prosecutors
d. Such other officers as may be authorized by
law
INQUEST is an informal summary
investigation conducted by a public prosecutor in
criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining
whether or not the person should remain under
custody and correspondingly be charge in court.
3. Filing of Information
4
 Information is defined as an accusation in writing
charging a person with an offense subscribed by the
prosecutor and directly filed with court. By definition, it
is only the prosecutors authorized to file information
document to the court.
4. Arraignment
Arraignment is the stage of criminal proceeding
purposely done to determine the identity of the
accused in the court (Sec. 1, Rule 116)
5. Filing of Bail
Bail refers to the security given for the release of a
person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before
any court as required under the conditions specified by
the court. (Sec. 1, Rule 114)
Bail that maybe posted by the accused maybe in form
of:
a. Cash Deposit – the money that is deposited in
cash with the nearest collector of internal
revenue or to the local treasurer by the
accused person or any person acting in
his/her own behalf
b. Corporate Surety – a bond subscribed jointly by
the accused and an officer duly authorized by
the board of directors of any domestic or
foreign corporation licensed as a surety
provider in accordance with law and currently
authorized to act as such
c. Property Bond – an undertaking constituted as a
lien on the real property given as security for
the amount of bail
d. Recognizance – a written promise to appear in
court during any legal proceeding conducted
for the purpose of trial or any judicial
proceeding of a case under investigation
6. Detention (Preventive Imprisonment)
Detention is the act of restraining one’s liberty.
Detention maybe applied to:
a. accused persons who cannot post bail while
their case is under trial or investigation;
b. accused persons who are waiting for the
court’s decision of their case; and
c. minors and insane people who need police
custody for security or protection purposes.
THE COURTS
A. THE CONCEPT OF COURT
In a democratic and republican government, the
powers of government are distributed among three
branches: the legislative, the executive and the judiciary.
The legislative power is vested to the Congress, which is
composed by the Senate and the House of
Representatives in national level. The executive power is
vested to the office of the President and his cabinets. The
judicial power is vested to the Supreme Court and in such
lower courts as may be established by law.
The court is a body to which the public
administration of justice is delegated. It is a tribunal
officially assembled under authority of law at the
appropriate time and place for the administration of justice
thru which the government enforces its sovereign rights
and powers. The court is an entity or body in which a
portion of judicial power is vested.
Courts are judicial tribunals engaged in the
administration (or dispensation) of justice. They exist in
every civilized country to resolve and end disputes in
accordance with law – peacefully, in an orderly manner,
authoritatively, definitely and finally.
B. MEANING OF JUDGE
The Judge 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
1. Incorporeal . entity 1. Single entity
2. Composed of 1 or more 2. Indispensable part of the
judges court
3. Cannot exist without a 3. Can exist without a court
judge
C. THE CONCEPT OF JUSTICE ADMINISTRATION
Determination of the relevant facts is accomplished by
reception of the evidence of the parties involved in the
controversy, and its assessment by the judge to discover what
are the facts thereby established.
Application of the law to the facts (thus established by
the evidence) connotes: the ascertainment and confirmation of
what the law provides in light of the facts proved, and the
pronouncement by the judge in accordance therewith of which
of the parties is in the right, and what are their specific rights
and responsibilities with respect to each other. That
pronouncement must be made clearly and definitely, leaving
no issue unresolved, in line with the purpose of courts, which is
to put an end to disputes.
D. THE CONCEPT OF JUDICIAL POWER
Judicial power is the power to apply the laws of
the land to contests or disputes concerning legally
recognized rights or duties between:
1. the government and private persons;
2. individual parties/litigants in cases brought before
the courts.
Judicial power is vested to the Supreme Court and
in such inferior courts as may be established by law. As
defined by Justice Conception, judicial power is the
authority to settle justifiable controversies or disputes
involving rights of justice, or the redress of wrongs for
violations of such rights.
What is the scope of Judicial Power?
Judicial power includes the following:
1. To pass upon the validity or constitutionality of
existing laws, rules and regulations
5
 2. To interpret and construe laws that are already
enacted
3. To render authoritative judgment
4. To exercise other incidental powers necessary to
effectively discharge other judicial functions
E. THE CONCEPT OF JUDICIAL INDEPENDENCE
Judicial Independence is the freedom of the court
to settle legal controversies or disputes “with an impartial
eye and an even hand”, and bowing to no one except the
law. It is the freedom of the judges to perform their
functions without interferences from the executive or
legislative branch of the government.
F. THE CONCEPT OF POWER OF JUDICIAL REVIEW
The Power of Judicial Review is the power of the
courts, ultimately of the Supreme Court, to interpret the
Constitution and to declare any legislative or executive act
invalid because it is in conflict with the fundamental law.
G. THE CONCEPT OF PRELIMINARY INVESTIGATION
As conducted by the Judge, preliminary
Investigation is an inquiry or proceeding for the purpose of
determining whether there is sufficient ground to engender
a well founded belief that a crime cognizable by the RTC
has been committed and that the respondent is probably
guilty thereof and should be held for trial. (Section 1, Rule
112, RRC)
H. BASIC COURT SYSTEM IN THE PHILIPPINES
- A Four Level Hierarchy
In the Philippines, the regular courts engaged in
the administration of justice are organized into four (4)
levels or tiers. At the highest level is the Supreme Court
and below it are the three levels composing the lower
courts. They are collectively known as the Judiciary. As
thus organized, they comprise what is referred to as the
Integrated Judicial System.
I.
COURT JURISDICTION AND VENUE OF TRIAL
In the sense that administration of justice has
been described, it is substantially the same as jurisdiction
of courts. Jurisdiction is the power and authority of a court
to hear, try, and decide a case. Jurisdiction of the court
maybe general, limited, original, appellate, exclusive,
concurrent, criminal, and civil.
To try or hear a case simply means to receive
evidence from the parties (including their arguments),
according to fixed rules. To decide or determine a case
means to resolve the dispute by applying the law to the
facts (established by the evidence), supra.
The Venue refers to the place where a case
should be heard, tried, and decided.
J. TYPES OF COURT JURISDICTION
1. General Jurisdiction – when the court is empowered to
decide all disputes that may come before it
except those assigned to other courts
2. Limited Jurisdiction – when the court has authority to
hear and determine only a few specified cases
3. Original Jurisdiction – when it can try and decide a
case presented for the first time
4. Appellate Jurisdiction – when it can try a case already
hear and decided at the lower court removed
from the latter by appeal
5. Exclusive Jurisdiction – when it can try and decide a
case that cannot be presented to any other
court
6. Concurrent Jurisdiction – when any of two or more
courts may take cognizance of a case
7. Criminal Jurisdiction – jurisdiction to try a case where
there is punishment or penalty provided by the
law
8. Civil Jurisdiction – jurisdiction that exists when the
subject matter is not of criminal nature
9. Territorial Jurisdiction
K. DECISION DEFINED
Decision is the judgment rendered by a court of justice
or other competent tribunal after the presentation of the
respective positions of the parties in ordinary or criminal cases
or upon a stipulation of facts upon which the disposition of the
case is based.
Maximum periods for rendering of decisions:
By constitutional mandate, the various courts must
decide or resolve a case or matter thereto within
the following periods from the date of submission.
1. for the SC – within 24 months
2. for the CA and other collegiate appellate courts –
within 12 months unless reduced by the SC
3. for the Lower courts (Inferior Courts) – within 3
months unless reduced by the SC
COURT ORGANIZATION IN THE PHILIPPINE SETTING
A. The MeTCs, and MCTCs
Jurisdiction of MeTCs, MTCs, and MCTCS:
1. Exclusive jurisdiction over all violations of city or
municipal ordinances committed within their
6
 respective territorial jurisdiction. (As amended by
RA 7961)
2. Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding 6
years irrespective of the amount of fine, and
regardless of other imposable accessory of other
penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective
of kind, nature, value or amount thereof.
Provided, however, that in offenses involving
damage to property through criminal negligence,
they shall have exclusive original jurisdiction
thereof. (As amended by RA 7961)
Exception: In cases falling within the exclusive original
jurisdiction of RTCs and of the Sandiganbayan
3. Territorial jurisdiction: MeTCs, MTCs and MCTCs
exercise their jurisdiction in the city, municipality or
circuit where the judge thereof is appointed or
designated.
Authority to Conduct Preliminary Investigation:
Judges of MeTCs (except those in the NCR),
MTCs, and MCTCs have the authority to conduct
preliminary investigation of crimes alleged to have
been committed within their respective territorial
jurisdictions that are cognizable by the RTCs.
Session Hours:
MeTCs, MTCs and MCTCs hold daily
sessions from Monday to Friday – from 8:30 am to
12:00 noon and from 2:00 to 4:30 pm.
Procedure in MeTCs, MTCs and MCTCs:
The procedure observed in MeTCs, MTCs
and MCTCs in all cases and proceedings, whether
civil or criminal, is the same as that scheduled
observed in the RTCs.
Exception:
1. If there is a particular provision expressly or
impliedly applied to the RTC; and
2. In criminal cases governed by the Rule on
Summary Procedure in special cases.
B. The REGIONAL TRIAL COURTS
1. Composition of the RTC:
There are 720 Regional Trial Court Judges in
the Philippines coming from every region in the
country.
2. Jurisdiction of RTCs:
Jurisdiction of the RTC in criminal cases: RTCs
exercise exclusive original jurisdiction in all
criminal cases not within the exclusive
jurisdiction of any court, tribunal or body,
except those now falling under the exclusive
and concurrent jurisdiction of the
Sandiganbayan that is exclusively taken
cognizance of by the latter.
Appellate jurisdiction: RTCs exercise appellate
jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts in
their respective territorial jurisdictions.
Territorial Jurisdiction: The RTC exercises its jurisdiction
within the area defined by the Supreme Court
as the territory over which the particular
branch concerned exercises its authority, in
accordance of Section 18 of BP 129.
3. Session Hours:
RTCs hold daily sessions from Monday to
Friday – from 8:30 am to 12:00 noon and from 2:00 to
4:30 pm.
C. COURT OF APPEALS
1. Composition of the CA (Section 3, BP 129)
The Court of Appeals is composed of 1
Presiding Appellate Justice and 49 Associate
Appellate Justices who are appointed by the
President. The CA may sit en banc or in 10 divisions.
The CA operates as one body for the purpose of
exercising the following functions:
a. administrative
b. ceremonial
c. other non-adjudicatory functions
2. Jurisdiction of the CA
a. Original jurisdiction to issue writs of mandamus,
prohibition, habeas corpus, and quo warranto, and
an auxiliary writs or processes, whether or not in
aid of its appellate jurisdiction;
b. Exclusive original jurisdiction over actions for
annulment of judgments of RTCs; and
c. Exclusive appellate jurisdiction over all final
judgments, decisions, resolutions, orders or
awards of RTCs and quasi-judicial agencies,
instrumentalities, boards or commissions,
including the Securities and Exchange
Commission and the CSC, except those falling
within the appellate jurisdiction of the SC in
accordance with the constitution, the Labor Code
of the Philippines (PD442 as amended), and the
provisions of BP 129.
Note: The party bringing the case to the CA is called
APPELLANT and the adverse party is called
APPELLEE but the title of the case remains as it was
in the lower court.
D. SUPREME COURT
1. Composition of the Supreme Court
The Philippine Supreme Court is composed of
one Chief Justice and 14 Associate Justices who are
appointed by the President. (Article VII, Section 4-1,
Phil. Constitution)
7

2. Sitting Procedure:
The SC may sit en banc or in divisions of 3, 5,
or 7 members. On the basis of 15 members, the
number of divisions will be 5, 3, or 2, meeting
separately. In case of 2 divisions, one division is
composed of 8 members while the other is compose of
seven. The SC decides whether or not it sits in one
division. The purpose of sitting in divisions is to
increase the capacity of the SC to dispose cases
pending before it.
3. Powers of the SC (Art. VIII, Section 5)
a. Exercise original jurisdiction over case of affecting
ambassadors, other public ministers and consuls,
and other petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
b. Review, revise, reverse, modify, or affirm on
appeal or certiorari as the law or the Rules of
Court may provide, final judgments and other
lower courts in:
1) All cases in which the constitutionality or
validity of any treaty, international or
executive, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
2) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
3) All cases in which the jurisdiction of any lower
court is in issue.
4) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
5) All cases in which only an error or question of
law is involved.
c. Assign temporarily judges of lower courts to other
stations as public interest may require. Such
temporary assignment should not exceed 6
months without the consent of the judge
concerned.
d. Order a change of venue (place of trial) to avoid
miscarriage of justice.
e. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the
admission to the practice of law, the Integrate bar,
and legal assistance to the underprivileged. Such
rules provide a simplified and inexpensive
procedure for the speedy disposition of cases and
it is uniform for all courts of the same grade, and it
does not diminish, increase, or modify substantive
right. Rules of procedure of special courts and
quasi-judicial bodies remain effective unless
disapproved by the SC.
f. Appoint all officials and employees of the Judiciary
in accordance with the Civil Service Law.
When can the SC order a change of venue (or place of
trial)?
The SC can order a change of venue or place
of trial whenever the imperative of securing a fair and
impartial trial or of preventing a miscarriage of justice
so demands.
4. Procedure in the Supreme Court
a. The procedure in the SC in original as well as in
appealed cases shall be the same as in the CA
unless otherwise provided by the Constitution or
the law.
b. The procedure for the review by the SC of
decisions rendered by the CA in criminal cases
shall be the same as in civil cases.
c. When the court en banc is equally divided in
opinion or the necessary majority cannot be had,
the case is reheard, and if in rehearing no decision
is reached, the judgment of conviction of the lower
court is reversed and the accused acquitted.
CORRECTIONS
The fourth pillar takes over once the accused, after
having been found guilty, is meted out the penalty for the crime
he committed. He can apply for probation or he could be
turned over to a non-institutional or institutional agency or
facility for custodial treatment and rehabilitation. The offender
could avail of the benefits of parole or executive clemency
once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is
carried out either in the municipal, provincial or national
penitentiary depending on the length of the sentence meted
out.
CORRECTIONS defined:
1. A correction is one branch of criminal justice concerned
with the custody, supervision, and rehabilitation of
convicted offenders.
2. As a process, Correction refers to the reorientation or re-
instruction of the criminal offender in order to prevent
him/her from repeating his deviant or delinquent actions.
In correcting the deviant behavior of the offender, the
process does not consider the necessity of taking
punitive actions.
3. It is a generic term that includes all government
agencies, facilities, programs, procedures, personnel,
and techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of
alleged offenders (Allen and Simonsen, Corrections in
America).
PRISON defined:
1. Prison is synonymous with penitentiary; a classical
place of torture and extreme hardship. (Traditional
description)
2. It is an institution for the incarceration of persons
convicted of major/serious crimes.
3. It may refer to a building or other place established for
the purpose of taking safe custody or confinement of
criminals or others committed by lawful authority.
JAIL defined:
1. A Jail is a place for locking-up persons who are
convicted of minor offenses or felonies.
8
 2. It refers to a local or temporary place for confinement of
criminal offenders, as distinguished from prison.
3. It is a facility purposely designed for detaining or
confining persons who are awaiting trial and who are
already convicted but suffering short term of
imprisonment.
PUNISHMENT defined:
Punishment is the penalty imposed for the
transgression of law. It refers to any ill suffered in
consequence of wrongdoing. There are two (2) major goals of
punishment:
1. to inflict deserved suffering on evil doers; and
2. prevention of crime
PENALTY defined:
Penalty refers to the consequences (such as suffering
or loss) that follow the transgression of laws. Strictly speaking,
it is the judicial punishment for crime or violation of a law.
IMPRISONMENT defined:
Imprisonment refers to the state or condition of being
constrained, restrained, or incarcerated in confined room or
building. It is actually a form of conventional punishment of
criminal offenders. There are three (3) traditional purposes of
Imprisonment.
1. To insure the presence of the accused during trial
2. To administer punishment by confinement or
incarceration
3. To secure the society from being molested by
undesirable characters.
B. Legal Bases of Correctional Administration in the Philippine
Setting
Based on the 1987 Philippine Constitution:
1. The State values the dignity of every human person
and guarantees full respect for human rights (Sec. 11,
Art. II)
2. No person shall be detained solely by reason of his
political beliefs and aspirations (Sec. 18 (1), Art. III)
3. No involuntary servitude in any form shall exist except
as a punishment for a crime whereof the party shall
have been duly convicted (Sec. 18, (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel,
degrading punishment or inhuman punishment
inflicted. x x x (Sec. 19 (2), Ibid.)
5. The employment of physical, psychological, or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law (Sec. 19, (2), Ibid.)
According to the Revised Penal Code, no felony
shall be punishable by any penalty not prescribed by law
prior to its commission. (Art. 21 RPC)
Probation Law (P.D. No. 968) states that:
1. - one of the major goals of the government is to
establish a more enlightened and humane correctional
system that will promote the reformation of offenders
and thereby reduce the incidence of recidivism;
2. - the confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an
onerous drain on the financial resources of the
country; and
3. - there is need to provide a less costly alternative to
the imprisonment of offenders who are likely to
respond to individualized, community-based treatment
programs.
C. Correctional Agencies in the Philippines
a. Agencies engaged in institutional corrections
a. Bureau of Corrections
b. Provincial Jails
c. Bureau of Jail Management and Penology
b. Agencies engaged in non-institutional corrections
a. Parole and Probation Administration (PPA)
b. Board of Pardons and Parole
c. Department of Social Welfare and Development
(Bureau of Child and Youth Welfare)
D. FORMS OF PUNISHMENT
1.Death penalty – capital punishment
2.Imprisonment – the legal process of confining the
offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them while
undergoing institutional treatment program.
3.Destierro (banishment/exile ) - the penalty of banishing a
person from the place where he committed a crime,
prohibiting him to get near or enter the 25 km.-
perimeter.
4.Fine or compensation
5.Civic duties
E. DURATION OF PENALTIES
1. RECLUSION PERPETUA - imprisonment of more
than 20 years; maximum imprisonment of 30 years;
the prisoner (convict) may apply for executive
clemency (pardon) unless he is disqualified by law
2. RECLUSION TEMPORAL - imprisonment of 12 years
and 1 day to 20 years
3. PRISION MAYOR - imprisonment of 6 years and 1
day to 12 years
Temporary disqualification
4. PRISION CORRECTIONAL - imprisonment of 6
months and 1 day 6 years
Suspension and Destierro
5. ARRESTO MAYOR - imprisonment of 1 month and 1
day to 6 months
6. ARRESTO MENOR - imprisonment of 1 day to 30
days
7. BOND TO KEEP THE PEACE or FINE - the amount of
fine to be imposed is discretionary with the court
F. The DEATH PENALTY
CAPITAL OFFENSE or HEINOUS CRIME is an act,
which under the existing law at the time of its commission, may
be punished by death (although a lower penalty than death
maybe imposed after conviction). Death penalty was re-
imposed as a form of punishment for heinous crime by virtue of
RA # 7959, otherwise called the Death Penalty Law approved
in January 2, 1994. When RA # 8177 (The Lethal Injection
Law) was enacted, the execution of death penalty was
9
changed from electrocution to lethal injection. Crimes
punishable by death include:
Treason – Murder - Qualified piracy – Kidnapping - Drug
trafficking - Aggravated Rape - Robbery w/ homicide or
rape - Destructive Arson
Cases in which Death Penalty shall not be imposed:
1. If the guilty party is over 70 years old
2. If the death penalty imposed by the lower court is not
affirmed by the Supreme Court
3. If the offender is under 18 years of age at the time of
the commission of the crime.
Instances when the execution of the Death Penalty is
suspended:
1. If the convict reached the age of 70
2. If the convict is a pregnant woman
3. If the convict becomes insane or is an imbecile
G. JAIL and PRISON Organization in the Philippines
1. NATIONAL or INSULAR PRISONS - administered by the
Bureau of Correction
a. New Bilibid Prison (NBP) - originally referred to as
National Bilibid Prison; operates two satellite units:
Camp Bukang Liwayway – min scty prison
Camp Sampaguita - institutions found in it are the:
Reception and Diagnostic Center
Medium Security Unit, and
Youth Rehabilitation Center
b. Penal Colonies/Territories - prison territories distant from
the NBP controlled by the Bureau of Corrections, such
as:
San Ramon Prison and Penal Farm (Zamboanga)
Iwahig Penal Colony (Palawan)
Davao Penal Colony (Central Davao)
correctional institution for women (Mandaluyong)
Sablayan Penal Colony and Farm (Occidental Mindoro)
2. PROVINCIAL JAILS - jails that are supervised and
controlled by the provincial government with in its
jurisdiction.
3. CITY/MUNICIPAL JAILS - jails that are administered
(supervised and controlled) by the BJMP
H. The PHILIPPINE JAIL SYSTEM
Types of Jails:
1. Lock-up - a security facility, common in police stations
or precincts in urban areas (cities) for temporarily detaining
those persons being held for investigation or waiting hearing
of their criminal cases.
2. Ordinary Jail - the type of jail commonly found in every
municipality or city; houses offenders awaiting court trial and
those convicted offenders who are serving their sentence of
imprisonment that does not exceed 3 years; place where
juvenile offenders and the mentally insane people are usually
detained while their transfer to other institutions are pending.
3. Work House, Jail Farm Or Camp - a facility that houses
minimum custody offenders who are serving short sentences;
inmates undergo constructive work programs; provides full
employment of prisoners, remedial services and constructive
leisure time activities.
Classification of Jail Prisoners:
1. Detention prisoners - those detained for investigation,
hearing, or trial
2. Sentenced prisoners - offenders who are committed to
the jail/prison to serve their sentence after final
conviction by a competent court
3. Prisoners who are on safekeeping - includes non-
criminal offenders who are detained in order to protect
the community, example: insane persons
Classification of Prisoners according to Degree of Security:
1. Super-Maximum Security Prisoners - special group of
prisoners composed of incorrigible, intractable, and
highly dangerous persons who are the source of
constant disturbance even in maximum security
institutions; wear orange uniforms and compose the
2% of NBP population
2. Maximum Security Prisoners - the group composed of
chronic trouble-makers but not as dangerous as the
super maximum security prisoners; their movements
are restricted and they are not allowed to work outside
the institution but rather assigned to industrial shops
within the prison compound; they wear orange
uniforms and they occupy the NBP main building.
3. Medium Security Prisoners - prisoners who cannot be
trusted in open conditions and pose lesser danger
than maximum security prisoners in case they escape;
a group of prisoners who maybe allowed to work
outside the fence/walls of the penal institution under
guard or with escorts; occupy Camp Sampaguita
(Medium Security Institution); they are employed as
agricultural workers and they wear blue uniforms
4. Minimum Security Prisoners - group of prisoners who
can be reasonably trusted to serve their sentence
under "open conditions"; they can be trusted to report
to their work assignments without the presence of
guards; they occupy Camp Bukang Liwayway and
they wear brown uniforms.
I. EXTINCTION OF CRIMINAL LIABILITY
Conditions for the total extinction of criminal liability
are: Death of the convict, Service of sentence, Absolute
Pardon, Amnesty, Prescription of crime, Prescription of
penalty, Marriage of the offended party to the offender (in good
faith),
Conditions for the partial extinction of criminal liability
are: Conditional Pardon, Commutation of Sentence, Probation,
Parole, Good Conduct Time Allowance
THE COMMUNITY PILLAR
Prevention and control of crime is not the sole duty
and responsibility of the government - it is also the
10
responsibility of the community. It includes private persons,
private groups, and public entities.
The community could either be in the form of bad or
good neighborhood. Bad neighborhood refers to areas or
places in which dwelling or housing conditions are dilapidated,
unsanitary, and unhealthy. These traits are detrimental to the
moral, health, and safety of the populace. Bad neighborhood is
usually packed with poor, disintegrated and unorganized
inhabitants. Most inhabitants are experiencing economic
difficulties, alcoholism, substance abuse, gambling and many
other problems in life. This connotes that bad neighborhood is
the home of bad elements of society because the environment
is very conducive for the commission of crimes.
The Community also consists of the existing social
institutions such as the family, school, church, mass media,
and NGOs.
1. The FAMILY
The Family refers to the basic social group united
through bonds of kinship or marriage, present in all societies. It
is the primary institution that molds a child to become a law-
abiding person or a delinquent.
The Home is the place of one’s affections, peace, or
rest. It is the home where the family resides. The home is one
of the most basic but most influential environments that lead a
person to become a law-abiding citizen or the opposite – a
criminal. It is said that the home is the cradle of human
personality, for it where the child develops his fundamental
attitudes and habits that last through out his life. The kind of
conscience that the child develops depends largely on the kind
of family - parents and siblings - he has. The parents are the
most influential persons in the family.
Broken home suggest separation between parents.
Broken home is usually characterized by the lack of parent’s
interest on the welfare of their children. Many delinquent
children come from broken homes. Unfortunate homes breed
juvenile delinquency and criminality.
2. The SCHOOL
The second integral stage of the behavioral/social
development process is the school. It is said that the school is
an extension of the home having the strategic position to
control crime and delinquency. It exercises authority over
every child that enters its jurisdiction. The teachers are
considered second parents having the responsibility to mold
the child to become productive members of the community by
devoting energies to study the child behavior using all
available scientific means and devices in an attempt to provide
each the kind and amount of education they need.
The school has the role of working closely with the
parents and neighborhood, and other community agencies and
organizations to direct the child in the most effective and
constructive way. However, the school could be an influence to
delinquency and criminality when teachers are being disliked
because they tend to antagonize the children. There are
teachers that are bad tempered, crabby, grouchy, hostile,
sarcastic, unreasonable, intolerant, ill-mannered, too strict, and
unfair. These teachers provide conditions that make the
students experience frustration, inadequacy, insecurity, and
confusion which are usually considered the kindergarten of
crime.
Diagnostic Examination
in
3. The CHURCH
The Church is the institution that provides a place for
public worship and the services needed to enhance the
spiritual and moral character of an individual. The church
influences people’s behavior with the emphasis on morals and
life’s highest spiritual values, the worth and dignity of the
individual, and respect for person’s lives and properties. The
church generates a strong will of the people to oppose crime
and delinquency.
Religion refers to a particular institutionalized or
personal system of spiritual beliefs and practices. Religion is a
positive force for goodness in the community and an influence
against crime and delinquency.
4. The MASS MEDIA
The media is the best institution for information
dissemination thereby giving an opportunity to the public to
know the necessary facts of life that help them shape their
daily views about crime and its control.
5. Non-Government Organizations (NGOs)
NGOs are private organizations that are civic-oriented and
thus promote peaceful and productive society. These are
groups of concerned individuals responsible for helping the
government to pursue community development. They serve as
partners of the government institutions in providing common
services for public good and welfare, thus preventing
criminality and maintaining peace and order.
2-fold Role of the Community as a pillar of CJS
First, it has the responsibility to participate in law
enforcement activities by being partners of the peace officers
in reporting the crime incident, and helping in the arrest of the
offender.
Second, it has the responsibility to participate in the
promotion of peace and order through crime prevention or
deterrence and in the rehabilitation of convicts and their
reintegration to society.
Rehabilitation takes place when the convict is serving
his sentence. A convict may be paroled or may be placed on
probation.
Under the concept of a participative criminal justice
system in the Philippines, public and private agencies, as well
as citizens, become part of the CJS when they participate and
become involved with issues and activities related to crime
prevention.
Thus, citizen-based crime prevention groups become
part of the CJS within the framework of their involvement in
crime prevention activities and in the reintegration of the
convict who shall be released from the correction pillar into the
mainstream of society.
===============================================
11
 Criminal Justice System

1. The agency of the government tasked to campaign to prevent crime—

a) DILG c) DOJ
b) NBI d) NAPOLCOM

2. When the person fails to do what the law requires him to do is a crime of—
a) dolo c) culpa
b) imprudence d) omission

3. When the act is done with deliberate intent—

a) dolo or deceit c) culpa or fault
b) criminal per se d) omission

4. When the act defined as crime is committed through fault—

a) culpa c) dolo
b) criminal per se d) act

5. When a person does something which the law prohibits him to do—
a) crime c) prohibition
b) reprimand d) act
6. Those committed with intention and offender is in full possession of his mental faculties—
a) rational crime c) mala in se
b) felony d) mala prohibita

7. When the act is wrongful because of its nature, universally condemned and seriously affects the society—
a) mala in se c) mala prohibita
b) crime d) felony

8. When the act is considered crime merely because the law makes it prohibited—
a) mala prohibita c) mala in se
b) malam calsum d) dura lex sed lex

9. When the offender acquires something as a consequence of his criminal act—

a) acquisitive crime c) extinctive crime
b) possessive crime d) rational crime

10. Anticipation, recognition, and appraisal of a crime risk and the initiation of positive action to remove or reduce that risk—
a) crime control c) crime reduction
b) crime elimination d) crime prevention

11. Traditional approach in crime control which deals with the apprehension, investigation, trial, correction and/or punishment of the criminal—
a) crime suppression c) crime elimination
b) crime control d) crime reduction

12. Modern approach through the reduction of criminal opportunity of both the existence of crime and the criminal using social and situational
prevention measures by the community at large and by all sectors of society—
a) crime prevention c) crime suppression
b) crime control d) crime elimination

13. The levels of crime prevention—

a) primary level—identification of factors in the environment which contribute to criminally deviant behavior
b) secondary level—identification of individual or group of persons with criminally deviant behavior
c) tertiary level—formulation of rehabilitation measures to prevent recidivism
14. The principal character of the criminal justice system is
a) offender c) victim
b) judge d) police
15. The forgotten or neglected man in the criminal justice system is
a) victim c) judge
b) police d) prosecutor

16. The prime mover of the criminal justice system

a) prosecutor c) police
b) judge d) jailguard

17. The arbiter of the court which tries and hears a criminal case is the
a) prosecutor c) judge
b) jailguard d) victim

18. Who among below are officers of the court?

a) defense counsel c) prosecutor
12
 b) Judge d) all of them

19. Character in the criminal justice system who is tasked to secure the premises where the offenders live—
a) jailguard c) prison guard
b) prison employee d) all of them

20. One who conducts preliminary investigation of a complaint filed by complainant

a) judge of the RTC c) police
b) prosecutor d) prison guard

21. The reading of the complaint to the accused in order for him to be informed of the charge against him is called
a) arraignment c) decision promulgation
b) trial d) none of them
22. One who conducts a post investigation for the applicant for probation
a) probation officer c) judge
b) prosecutor d) offender

23. A barangay body which resolves dispute of residents of the same barangays instead of going to court.
a) kangaroo court c) Municipal Trial Court
b) Barangay Court d) Lupong Tagapamayapa

24. The criminal justice system must have to work efficaciously and speedily. Each segment of the system must work efficiently and with dispatch
and in cooperation and coordination with one another. If supposing the law enforcement is deficient in its functions, which pillar/s would be blamed?
a) police c) court
b) .prosecution d) criminal justice system

25. Which agency or department of the government could primarily structure the barangays and other sectors in serving the criminal justice system
as a community pillar?
a) DOJ c) DILG
b) DSWD d) none of them

26. The correctional component of the Criminal Justice System

a) New Bilibid Prison c) Correctional Institution for Women
b) Iwahig Prison and Penal Farm d) all of them

27. The component of the Criminal Justice System that investigates and arrests the suspect
a) PNP c) NBI
b) Army d) all of them
28. The component of the Criminal Justice System that prosecutes and sometimes defends litigants
a) court c) prosecution
b) law enforcement d) none of them

29. The Chairman of the Lupong Tagapamayapa

a) Punong Barangay c) Chosen by the Bgy. Captain
b) elected member of the Lupon d) Barangay Kagawad

30. Usually, the main problem encountered by the Criminal Justice System is due to—
a) lack of funds c) lack of training
b) lack of cooperation d) none of them
31. Under R.A. 6975, insurgency problem is to be handled by—
a) AFP c) PNP
b) MNLF d) Abu Sayaff
32. The fighting force of the Philippine National Police—
a) SAF c) SWAT
b) NARCOM d) MARITIME
33. Which of the following agencies is tasked to police the entire country?
a) AFP c) NBI
b) PNP d) all of them

34. The agency of the government that is tasked to investigate crimes in aid of prosecution—
a) NBI c) MNLF
b) PNP d) all of them

35. Members of the NBI or National Bureau of Investigation—

a) Lawyers c) Engineers
b) CPAs d) A and B only

36. Criminologists are appointed in the NBI as—

a) agents c) janitors
b) investigators d) artists

37. Which unit of the PNP absorbed the police functions of the Philippine Coast Guard of the Navy?

13
 a) Marina Group c) SWAT group
b) Maritime Group d) Traffic Mgt. Group

38. The reason why law enforcement agencies experience misencounter is due to
a) lack of cooperation c) lack of faith
b) lack of coordination d) lack of everything

39. What is the power given to the Mayor over PNP in their city or town?
a) power to choose the policemen to be assigned in his town or city
b) power of supervision and control
c) power to remove the ugly policemen
d) power to cry when the COP assigned in his town or city is not pogi

40. Who among the public officials below are deputized by the NAPOLCOM?
a) mayor c) congressman
b) governor d) a and b only

41. It has the power to issue Resolutions and Circulars relative to police activities, operation and others relevant to police well-being—
a) DSWD c) DILG
b) NAPOLCOM d) DOJ

42. The PNP is under the control and administration of what ageney of the government?
a) DILG c) DOJ
b) NAPOLCOM d) DSWS

43. In order that a police can win the trust and confidence of the people in them—
a) they must present themselves in orderly manner and always pogi
b) they must always appear in TV and their voice must always be heard over the radio
c) they must perform impartially, without fear and favor
d) all of them

44. A memorandum order designating the Philippine National Police as the International Police (Interpol) National Central Bureau (NCB) for the
Republic of the Philippines
a) Memorandum Order No. 92 c) Memorandum Order No. 93
b) Memorandum Order No. 94 d) Memorandum Order No. 95

45. Can the local executives create in their respective town/city an agency similar to PACC?
a) yes for investigative purposes in aid of legislation
b) yes in order to investigate crimes which cannot be done by the police
c) no as it would violate the Local Government Code
d) none of the above

46. Can the autonomous region create their own police force?
a) no as it would be against the Constitution
b) yes as it would be within the powers of the autonomous government
c) It depends on the necessity in order to maintain peace in the region
d) none of the above

47. The features of the PNP are the following except one—
a) national in scope c) civilian in character
b) centralized in form d) decentralized in form
48. The PNP is highly centralized in form—
a) no c) yes
b) partly yes d) partly no

49. The PNP according to experts in police systems is called as a—

a) unique organization c) a novelty organization
b) contemporary organization d) outmoded organization

50. Do non PNP members have the power to arrest?

a) yes in citizen's arrest
b) yes as when the crime is committed against him
c) no as it would amount to usurpation
d) none of them

51. Sometimes arrest of criminals and early solution of cases is hampered by

a) jealousy among groups of law enforcement agencies
b) lack of discipline among members of the group of law enforcers
c) lack of knowledge in making an arrest
d) all of the above

52. In the cities/municipalities, the main reason why policemen sometimes are ineffective is

14
 a) mayors' intercession in the crime or suspect's arrest
b) mayors themselves are the law violators
c) subservience to mayor
d) all of the above
53. Some policemen are afraid of the mayor—
a) they are afraid to be reassigned to other place
b) they are afraid to be dismissed from the service
c) they are afraid not to be promoted
d) all of the above

54. Police recruitment's failure to attract the best and more qualified applicant
a) low salary of the police c) police job is risky
b) lack of advertisement d) all of the above

55. The Problem with the Civil Service Commission before, is its imposition that—
a) promotes shall have to pass the professional grade exam as requirement
b) attestation cannot be done due to absence of plantilla
c) Civil Service Commission provides it own rules on promotion
d) all of the above

56. Recruits experienced inadequate quality instructional need due to

a) most of the lecturers are not qualified to teach
b) they are taught correctly of the subject matters
c) recruits malinger during lecture hours
d) all of the above '

57. Proper utilization and deployment of personnel is hampered due to—

a) intercession by politician
b) padulas or money given in exchange of new assignment
c) favoritism by the COP
d) all of them

58. The designation of the COP is prevented due to—

a) political pressure c) some PNP officers are not qualified
b) lack of experience d) none of them

59. The power of the mayor over the police that is usually abused is—
a) power to choose COP c) power to choose members of police
b) power to deploy personnel d) all of them

60. Policemen are disappointed with promotion due to lack of

a) information c) so many documents to be submitted
b) selective process d) all of them

61. Reason why some policemen are adamant to be promoted is due to the fact that
a) they are not college graduates c) they are not promotable
b) they have no money to spend for promotion d) all of them

62. The main cause of inefficiency in the PNP is—

a) lack of discipline c) lack of training
b) lack of equipment d) all of them

63. Lack of discipline will create in the PNP unsatisfactory attitude which if done will result in
a) administrative offense c) criminal offense
b) civil offense d) all of them

64. The best virtue of a policemen to follow in order to become more efficient and effective is—
a) discipline c) reverence
b) holy d) all of them

65. The common reason why policemen cannot refuse corruption is due to—
a) their salary is not sufficient to meet the needs of the family
b) not accepting what is offered is amounting to an insult
c) it is a grace from above
d) all of the above

66. Are policemen entitled to overtime pay?

a) yes if there is fund c) no if there is no fund
b) prohibited as they are civilian employees d) all of them

67. Police mobility is hampered by—

a) lack of supply c) gasoline is sold to civilian

15
 b) police is using bicycle in their operation d) all of them

68. The problem in-record management is—

a) record management is not centralized
b) records are nowhere to be found and searched only if needed
c) records are kept by somebody who needs them
d) all of them

69. PNP is not yet capable to handle insurgency problem due to

a) lack of equipments c) afraid with the NPA
b) lack of training d) all of them

70. Lack of trust and confidence in the police by the community would result in
a) police isolation c) non-cooperation in terms of service
b) non-reporting of crime d) all of them

71. Under R.A. 8551, the counter-insurgency operation is now under the function of
a) PNP c) Army
b) PAF d) DILG

72. Under R.A. 8551, the PNP function/s as far as insurgency is concerned is/are
a) information gathering relative to insurgency
b) standby to be called upon by the President to support the Army in case of insurgency
c) Fight hand in hand with the Army against the ' NPA and MILF
d) a and b are true

73. The common problem of the PNP members at present is the

a) low salary c) attrition
b) unfairness in promotion d) all of them

74. Anti-gambling like jueteng is now a concern of the

a) Army c) PNP
b) Local executives d) NPA

75. What would be the problem of a policeman who is only second year college when he joined the PNP in 2004?
a) he will be removed or separated after 2004 if he is not promoted to the next rank
b) he cannot be assigned to a better position if he cannot finish college course
c) he will be separated if he has less than 20 years in the service, or retired if he has more than 20 years in the service if he could not
finish college course
d) all of the above

76. Which of the following problems oftenly occur in thePNP?

a) unfairness in giving assignment to personnel
b) unreasonableness in promotion as junior is promoted first than senior
c) slow process of the government in increasing salary of policemen
d) all of the above

77. In the present personnel organization, which rank in the PNP is occupied by the majority?
a) PCO c PNCO
b) Senior Officer d) Junior Officer

78. In every police office in a municipality or city, which rank is mostly occupied by a majority of policemen?
a) SP04 c) POl
b) SPOl d) P03

80. Among officer ranks, which rank is mostly occupied by the majority of officers (PCOs) in a provincial police office?
a) Senior Superintendent c) Superintendent
b) Inspector d) Senior Inspector

81. What is the power of the Chief, PNP to interfere with the affairs of the NAPOLCOM?
a) The Chief of the PNP is powerful being a friend of the President
b) He is on top of the situation nowadays
c) He is very rich due to jueteng and other illegal activities
d) He is an ex officio member of the NAPOLCOM

82. Police Community Relation is

a) The honest effort of both the police and the pub lic to understand one another
b) A pet project of the DILG
c) on its way out
d) none of the above

83. The general rule states that the concept which is emerging as the cornerstone of effective police community relation is

16
 a) Community crime prevention
b) Greater citizen's empathy towards police and vice versa
c) Direct citizen's involvement in violator apprehension
d) none of the above

84. History reveals the need for police community relations

a) on a continuing basis
b) especially during summer time
c) especially during Christmas and Fiesta
d) none of the above

85. There has become a growing requirement for police and public alike to
a) Get to know one another better
b) Look forward to conflict in the future
c) Pretend there is no problem at all
d) none of the above

86. Depending on the front line officer is

a) Much of the sum and substance of police com munity
b) The apprehension of crooks
c) Whether or not people will commit crime
d) none of the above

87. Historically, policing has been one of the most

a) critical and frustrating jobs facing the society
b) Inadequate functions of the government
c) Rewarding professions of the government
d) none of the above

88. The basic mission and first order of business for law enforcement is
a) To uphold individual liberty, freedom, and hu man dignity under the rule of law
b) To investigate violation of law and apprehend criminal
c) To work developing an atmosphere in which all citizens will support the PNP
d) none of the above

89. What is the chief cornerstone of an effective, ongoing Police Community relation program?
a) The individual police officer
b) People in the community
c) Law violators
d) Money, which is .put into program

90. Police Community relation is designed to

a) Bring citizen's support to criminal justice to remove apathy, and cause total community involvement
b) Encourage police officers to project better image
c) Promote a set of examples to citizens
d) none of the above

91. According to the text, "What is the one to four percent theory?"
a) A theory that states that one to four percent of the population are responsible for a major por tion of our crime.
b) A theory which states that one to four percent of law enforcement personnel failed to contain the behavior of citizens
c) A theory which states that one to four percent of the population are criminals
d) All of the above

92. In appraising the image of one's police agency, the generality about the image is
a) extremism c) politicism
b) individualistic d) all of them

93. Public confidence in a police office is directly related to the image that citizens symphatized with policemen—
a) True c) It depends
b) False d) Partly true

94. Factors affecting police image discussion are dependent upon the status of the individual. Which of the below is relevant to status?
a) occupational background c) scholastic background
b) previous experience d) all of them

95. Contrary to the belief of many policemen, the overwhelming majority of the public has
a) high opinion of police work c) Low opinion of police work
b) previous experience d) No opinion of police work

96. By its very nature, police work requires an officer to be suspicious.

17
 a) True c) Partly true
b) False d) Partly false

97. Which of the following is considered not to be crisis area?

a) recreation period c) conversation
b) courtesy d) response time and manpower commitments

98. Law enforcement personnel should well remember that this country was founded on
a) A rule of law, the Constitution c) a rule of man
b) Majority rule d) Rule of the fittest

99. One continuing problem of police community relation that overshadows virtually every area in need of consideration is
a] communication c) news media
b) conflict d) conduct of officers

100. Which of the following is the critical factor in an effort to improve response time between the call being placed and the arrival time of
assistance?
a) manpower allotment c) dispatch calls rapidly without calls
b) increase salaries d) Drive Code 3 to all Calls

18