Topic 3: The Law Enforcement Pillar Objectives:  trace the development of law enforcement;  explain

the exercise of discretion and its control;  expound the powers and functions of the police force; and 
evaluate the image of the police force;  explain police tasks; Instructional Materials:  Hand-out/Pre-
recorded lesson No. of hours 2 hour and 30 minutes Teaching-Learning Activity/Lesson Proper LAW
ENFORCEMENT It is considered as the prime mover of the Criminal Justice System. Law enforcement is a
deterrent and preventive activity. It consists of patrolling to supervise conduct, investigating to identify
offenders and/or recover stolen or missing property, warning or arresting those who are probably guilty
of criminal behavior, and assisting in the prosecution and trial of offenders. Its goals are aimed towards
the prevention and disorder, preservation of peace, and the protection of life, properties and individual
freedom. The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise conduct,
investigating to identify offenders and or recover stolen or missing property, warning or arresting those
who are probably guilty of criminal behavior, and assisting in the prosecution and trial of offenders. Its
goals are aimed towards the prevention of crime and disorder, preservation of peace, and the
protection of life, properties and individual freedom. A large number of government agencies are
involved in law enforcement one way or another. The kind and degree of involvement vary from general
and specific law enforcement to enforcing standards and regulation pertaining to particular government
activities. In the Philippines, the law enforcement function is spearheaded by the Philippine National
Police (PNP), the Department of the Interior and Local Government (DILG), and the National Bureau of
Investigation (NBI) under the Department of Justice (DOJ). In addition to these government offices, there
are other agencies tasked with enforcing special laws. Among these are: 1. Police Anti-Crime Emergency
Response Team – (PACER) 2. Bureau of Internal Revenue (BIR) 3. Land Transportation Office (LTO) 4.
Bureau of Customs (BOC) 5. Bureau of Immigration (BOI) 6. Economic and Intelligence and Investigation
Bureau (EIIB) 7. Food and Drug Administration (FDA) 8. Philippine Coast Guard (PCG) 9. Marine Industry
Authority (MARINA) 10. Bureau of Forest Development 11. Department of Agriculture (DA) - BFAR, BPI,
etc. 12. Air Transportation Office (ATO) 13. National Telecommunications Commission (NTC) 14. Bureau
of Product Standards (BPS) HISTORY OF POLICE FORCES Introduction Police is the agency of a community
or government that is responsible for maintaining public order and preventing and detecting crime. The
basic police mission — preserving order by enforcing rules of conduct or laws — was the same in ancient
societies as it is today in sophisticated urban communities. The term police originated from the Greek
word “politeia”, which means government of a city. The term was used to describe the group of civil
officers governing the city and not necessarily the armed men guarding/policing the city. When the
Romans conquered the Greeks, they changed the word slightly to “politia”. The French changed the
word to “police” and used it to those authorized people who actually enforce the law. The English and
the Americans borrowed the word from the French and used it to describe a law enforcement officer.
Cop and constable are terms with similar meaning to the word police. The word cop is commonly used
to describe a police officer. This word most likely came from the European word cop, meaning to catch
or seize. Broad Goals of the PNP 1. Prevent and control crimes. 2. Maintain peace and order. 3. Ensure
public safety and security. Sub Goals of the PNP 1. Reduce the level of criminality and crime rate into a
desirable social level. 2. Improve crime solution efficiency. 3. Maximize linkages with other components
of CJS and international law enforcement agencies. 4. Enhances the credibility of law enforcement
organizations. Statutory Power of Police 1. Enforce all laws and ordinances relative to the protection of
lives and properties. 2. Maintain peace and order and to take all necessary steps to ensure public safety.
3. Exercise the general powers to make arrest, search, and seizures in accordance with the constitution
and pertinent laws. 4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders to
justice and assist in their prosecution 5. To assist other national government agencies, instrumentalities
and subsidiaries in the enforcement of laws pertinent thereto upon proper request and or deputization.
6. Detain an arrested person for a period not beyond what is prescribed by law. Administrative
Functions of the Police 1. To ensure licenses to possess a firearm and explosive, as well as permit to
carry firearm outside residence. 2. Supervise and control the licensing, training and duties of security
guards and security agencies. 3. Perform other task maybe provided for by law. Police Operations 1.
Prevention of crime. 2. Repression of criminality. 3. Apprehension of Criminals. 4. Recovery of stolen
property or protection of life and property. 5. Regulation of non-criminal conduct. 6. Perform other
miscellaneous services. ROLE OF THE POLICE IN THE SYSTEM 1. To arrest the suspect a. By virtue of a
warrant of arrest issued by a judge on the basis of evidence submitted by them. b. Under circumstances
justifying a warrantless arrest (Sec. 5, Rule 113, Rules of Court). 2. To conduct investigation - The police
may conduct surveillance, interview persons with knowledge of facts directly or indirectly connected
with the offense, take photographs (surreptitiously or otherwise), arrange to constitutional and
statutory safeguards, examine public and other available records pertaining to the persons involved and
get copies of pertinent entries. 3. To gather and preserve evidence 4. To transmit the records of the case
to the court/prosecutor 5. To appear and testify in court Theories of Police Service 1. Home Rule -
Policemen are considered as servants of the community. 2. Continental - Policemen are considered as
servants of higher authority. Concept of Police Service 1. Old Concept The yardstick of police efficiency is
the number of arrest. Police is a repressive machinery in crime prevention. 2. Modern Concept The
yardstick of police efficiency is the absence of crime crime/lesser number of crimes committed. Police
Community Relation It is the sum total of dealing of the police with the people it serves and whose
goodwill and cooperation it craves to ensure the greatest efficiency in the police service. Coverage of
Police Community Relation A. Public Information Program This evolves upon the concept of keeping
members of society informed so that they will appreciate and understand the complexity of police work
and the services rendered by our men. B. Public Relation Program Focused on building a good image for
the police organization through actual performance without inefficiency and corruption. C. Civic Action
Program This impart to the people that police are their friends and the partners as well as their
defenders. D. Mass Communication Program It is designed to influence the opinions, attitudes,
behaviors and emotions of the public in a manner that they will behave in accordance with the law.
Police Discretion It is the wise use of one’s judgment, personal experience and common sense to decide
a particular situation. Abuse of discretion resulting to injury to persons or damage to property is
punishable. So the police must be guided by some basic concepts such as COMMON SENSE, PERSONAL
EXPERIENCE, and SOUND JUDGMENT. PROBLEMS ARISING FROM UNREGULATED DISCRETION 1. It lacks
uniformity for implementation 2. It may be discriminatory 3. It foster police corruption in victimless
crimes 4. It converts the law into a personal instrument of social control through the socalled "sidewalk
justice." References: Banks, C. (2009). Criminal justice ethics: theory and practice. (2nd ed.) Los Angeles:
SAGE. https://www.unafei.or.jp/publications/pdf/RS_No53/No53_23PA_Mwalili.pdf
Topic 5:PROSECUTIONObjectives:At the end of the unit, the students should be
able to:trace the evolution of prosecution;compare and contrast local and
international prosecution;explain the role of the prosecutor;state why the
prosecutors are obliged in conducting preliminary investigation;describe the simple
process of conducting preliminary investigation and inquest; analyze the duty of the
investigating fiscal; anddescribe the steps of prosecuting a criminal.Instructional
Materials:Hand-out/Pre-recorded lesson No. of hours2 hour and 30
minutesTeaching-Learning Activity/Lesson ProperHISTORY OF
PROSECUTIONThe origin of the office of the prosecutor is found hundred of years
ago in the jurisprudential development and the common law of England. In the
middle ages, the King has attorneys, sergeants, and solicitors to perform some
of the functions of the modern prosecutor. Before the thirteenth century, the king
appointed special attorneys to prosecute criminal cases. The general term
attornatus was used in England official documents in the Middle Ages to mean
anyone who appeared for another as a pleader, attorney, or essoiner. The
earliest laws of England defined crimes as being committed against a
particular individual, not against the state. The original prosecutor was a victim or an
individual representing a victim who stepped forward personally to initiatethe
prosecution of the alleged offender. The fact that the injured or aggrieved were their
own advocates quite often caused the prosecution to be carried out in a zealous
quest for vengeance. Originally all crimes were torts; thus in early common law, any
injury, whether to person or property, was a tort. (A tort today is an injury to an
individual that is not an offense against the state). The historical custom of victims-
prosecutors led to so much feuding that eventually the English King took over
theobligation of punishing each offender, the original declaration or concept being
known as the king’s peace. From this time on, any conduct that resulted in an injury
to person or property was considered
an offense against the king’s peace. Later, the injury was considered an
offense against the state.During the reign of Edward IV (1461-1483), William Husse
was appointed attorney general of England. Henry VIII (1509-1547) eliminated the
vengeance prosecution system and in its stead provided a system of “sergeants”,
who were required to act as police prosecutors and to enforce penal statutes.
These sergeants were later to become well trained in the law. PROSECUTION
DEFINEDProsecution is the process or method whereby accusations are brought
before the court of justice to determine the guilt or innocence of the accused.Serving
as the lawyer of the State/government in criminal cases, the prosecutor is
automatically considered an officer of the court; at the same time, he is formally a
member of the Department of Justice, under the Executive branch of the
Government, and thus independent from the judiciary.The prosecution service is
made up of Provincial and City Public Prosecutors under the National
Prosecution Service (NPS). They perform to types of prosecutorial powers;
investigatory and prosecutory such as:They evaluate the police findings referred to
them, or other complaints filed directlywith them by individual persons (e.g.
government officers in charge of enforcement of law violated);They file
corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts
on the basis of their evaluation of the proofs at hand; andThey prosecutethe alleged
offenders in court, in the name of the People of the Philippines.ProsecuteTo
commence and carry on a criminal action or lawsuit in the name of the People of the
Philippines.To bring suit against for redress of wrong or punishment of crime.To
seek to enforce or obtain, as a claim or right, by legal process.To begin and carry on
a legal proceeding.THE PROSECUTOR AND THE POLICE1.Prosecutorial
discretion typically enters the picture immediately after the arrest, when
the police investigative reports are forwarded to the prosecutor for review.
2.The prosecutor screens and evaluates the document in order to
decide whether to accept or reject the case for prosecution.3.The action of the
prosecution is dependent upon the police initiatory action, whereby the criminal
justice system relies on the:a) certainty of the arrest by the policeb) certainty of
conviction by an effective prosecutionc) certainty of appropriate sentencing by
the courtWho is a Prosecutor?A prosecutor is a person responsible in evaluating
evidences presented before him.What are the roles of a Prosecutor?They serve as
the lawyer of the state or the government in any criminal case.Automatically
considered as the officer of the court.He is a member of the Department of Justice
under the executive branch of the government.What is Criminal Action?A criminal
action is one by which the state prosecutes a person for an act or omission
punishable by law.A criminal action is commenced by thefiling of a complaint
with the City or Provincial Prosecution Office or with the Municipal Trial Court or
Municipal Circuit Trial Court. However, criminal action for an offense committed
within Metro Manila, may be commenced only by the filing of a complaint with the
Prosecutor’s Office.What is a Complaint?A complaint is a sworn written
statement charging a person with an offense subscribed by the offended party
or any peace officer or any employee of the government charge with the
enforcement of the law being violated. Who is an offended party?The offended party
is the person against whom or against whose property the crime was committed.
What is Information?Information is an accusation in writing charging a person
with an offense subscribed by the prosecutor, and filed with the court. Distinctions
between Complaint and Information

TOPIC 5Law Enforcement PillarArrestOBJECTIVES:At the end of the lesson, the

students are expected to:be knowledgeable of the concepts of arrest. distinguish
arrest with warrant and warrantless arrest.INTSTRUCTIONAL MATERIALSLaw
Enforcement Pillar handouts and power pointDURATION: 1 hour and 30
minutesTEACHING-LEARNING ACTIVITY/LESSON PROPERARRESTARREST-is
the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.MANNER OF CONDUCTING ARREST-An arrest is made
by actual restraint of a person to be arrested, or by his submission to the custody of
the person making an arrest. WARRANT OF ARREST-Warrant of arrest is an order
in writing issued in the name of People ofthe Philippines, signed by the judge and
directed to a peace officer, commanding him to arrest a person or persons stated
therein and deliver them before the court.The requisites of a valid warrant of arrest
are the following:a. It shall be issued uponprobable cause; b. The probable cause is
determined personally by the judge upon examination under oath or affirmation of
the complainant and the witnesses he may produce; andc. Particularly describing
the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution)LIFE SPAN OF
WARRANT OF ARRESTAs long as the person stated in the warrant of arrest is not
arrested, it shall remain valid even if several years already lapsed. However, the
head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten
(10) days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued thewarrant.WARRANTLESS
ARRESTA peace officer or a private person may, without a warrant , arrest a
person:
a. When, in his presence the person to be arrested has committed, is actually
committing or is attempting to commitan offense.b. When an offense has in
fact just been committed and he has personal knowledge of facts indicating
that the person to be arrested had committed it; c. When the person to be
arrested is a prisoner who has escaped from a penal establishment or place
where he is serving finaljudgment or temporarily confined while his case is
pending or has escaped while being transferred from one confinement to
another.References:Eduardo, J.P., et al., Fundamentals of Criminology.
Wiseman’s Books Trading, Inc. Philippine Copyright 2015.Hagan, Frank E.,
Introduction to criminology: Theories, Methods and Criminal Behavior. Sage
Publications, Inc., UnitedStates Copyright
2008.https://www.unodc.org/pdf/criminal_justice/Handbook_on_Restorative_J
ustice_Programmes.pdf
Topic 6:THE COURT PILLARObjectives:At the end of the unit, the students
shouldbe able to:differentiate the court from the judge;define judicial scope and
its power;illustrate the organizational structure of the court in the Philippines;
andelucidate the roles of court in the administration of justice.Instructional
Materials:Hand-out/Pre-recorded lesson No. of hours2 hour and 30
minutesTeaching-Learning Activity/Lesson ProperEvolution of Court“All trials of
criminal and civil cases in pre-Spanish Philippines were in public. The litigants in
the case pleaded their own case. There were no lawyers, court clerks or
stenographers. The litigants presented their witnesses. Before testifying, these
witnesses took and oath to tell the truth. The oath was in various forms, such
as “May the crocodile eat me!” “May I die if I tell a lie” “May no woman love me” or
“May the moon frown upon me!” To the forefathers, their oath was sacred. Perjury
was rare in the early trials. The barangay court decided the case in favor of
the litigants who presented more proofs than the other.Trial by Ordeal“In criminal
cases, when there was doubt as to who of the accused persons was really guilty of
the crime, trial by ordeal was resorted to. It was believed that the gods protect the
innocent and punished the guilty. Through the ordeal the gods revealed divine truth
to the people. Thus, an accused person who was innocent was believed to be
always successful in the ordeal because the gods would make him win. Meaning of
CourtA court is a body to which the public administration of justice is delegated,
being a tribunal officially assembled under authority of law at the appropriate time
and place for the administration of justice through which the State enforces its
sovereign rights and powers. It is an entity or body in which a portion of judicial
power is vested.The Roles of the Court in the System
1.To settle actual controversies involving rights which are legally demandable and
enforceable.2.To determine whether there has been grave abuse of discretion
amounting to lack of excess of jurisdiction on the part of any branch or
instrumentality of the government.3.To render authoritative judgments.4.The final
arbiter for justice.5.The frontline of Democracy, freedom and human dignity.6.The
only institution capable of identifying and maintaining the proper balance between
the conflicting rights of the individual and those of the state and society.7.It is to the
court that everyone turns to for justice. 8.It is twisted as a shield of innocence in the
impartial guardian of every private civil rights. 9.It is in the court that our citizens
primarily feel the keen cutting edge of the law. 10.The only constitution capable of
identifying and maintaining the proper balance between the conflicting rights of the
state and society.In the criminal justice system the court is looked upon as:1.the final
arbiter for justice;2.the front line defender of democracy, freedom and human
dignity;3.the only institution capable of identifying and maintaining the proper
balance between the conflicting rights of the individual and those of the state and
society; and4.it is to the courts that everyone turn to for justice.Three Important
Functions of Courts1.Resolve disputes that while offer routine are crucial to those
involved2.Provide protection from illegal actions by government and individuals
3.Occasionally resolve disputes of great political and social significanceMeaning of
JudgeA judge is 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 DistinguishedA court is an incorporeal entity composed
of one or more judges. It is a personality separate and distinct from the men
who compose it. Ajudge alone does not necessarily constitute a court, for while he is
an indispensable part he is only a part of the court. It is elementary however, that a
court cannot exist without a judge.Judicial PowerArt. VIII Sec. 1 Philippine
Constitution
“Judicial power shall be vested in the Supreme Court and in such inferior courts as
may be established by law. “Judicial power includes the duty of the courts to settle
actual controversies involving rights which are legally demandable and
enforceable, and to determine whether or not there has been grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.” Lower courts as here used are not to be
understood in the sense of insignificant but as referring to all other courts below the
Supreme Court. Different Lower Courts includes the following:1.Court of
Appeals2.Regional Trial Court3.Metropolitan Trial Court4.Municipal Trial
Courts5.Municipal Circuit Trial Courts6.Court of Tax Appeals
7.SandiganbayanJurisdiction DefinedThe authority by which courts take cognizance
of and decide cases, the legal right by which judges exercise their authority. Inherent
power of a court to hear, try and decide a case.Jurisdiction of Courts1.GeneralWhen
it is empowered to decide all disputes which may come before it, except those
designated to other courts. (Ex. Jurisdiction of RTC);2.LimitedWhen it has authority
to hear and determine only a few specified cases. (Ex. Jurisdiction of the Courtof
Tax Appeals);3.OriginalWhen it can try and decide a case presented for the first
time; 4.AppellateWhen it can take a case already heard and decided by a lower
court removed from it by appeal;5.ExclusiveWhen it can try and decide a case which
cannot bepresented before any court;6.ConcurrentWhen any one of two or more
courts may take cognizance of a case;7.CriminalThat which exists for the
punishment of crime; and8.CivilThat which exists when the subject matter is not of a
criminal case.
Organization of CourtsA.Regular CourtsThe Philippine Judicial System consists
of a hierarchy of courts resembling a pyramid with the Supreme Court at the
apex. Under the Judiciary Reorganization Act of 1980, otherwise known as the
Batas Pambansa Blg. 129, the other regular courts are:1.Intermediate Appellate
Court (Now Court of Appeals)This operates in ten divisions, each comprising of five
(5) members. The court sits en banc only to exercise administrative, ceremonial, or
other non-adjudicatory functions.2.Regional Trial Courts.One which is presided by
720 Regional Trial Court Judges in each of the thirteen (13) regions of the
country.3.Metropolitan Trial CourtsIn each metropolitan area, established by law are
a Municipal Trial Court in every city not forming a part of the Metropolitan area and
each of the municipalities not comprised within a metropolitan area; as well as a
Municipal Trial Court in each area defined as a municipal circuit comprising of one or
more cities and/or one or more municipalities grouped together according to law. B.
Special CourtsAside from the above-mentioned courts, there are also under present
laws some special courts. These are the following: 1.Court of Tax AppealsCreated
under Republic Act No. 1125, as amended, this special court has exclusive
appellate jurisdiction to review on appeal the decisions of the Bureau of
Internal Revenue involving internal revenue taxes and decisionsof the
Commissioner of Customs involving customs duties.2.SandiganbayanThe
Sandiganbayan is retained by the new Constitution under the following provision in
Article XI, Sec. 4:“Sec. 4. The present anti-graft court known as the
Sandiganbayanshall continue to function and exercise its jurisdiction as now or
hereafter may be provided by law.”The basic rule was embodied in Art. XIII, Sec. 5
of the 1973 Constitution, which called for the creation by the Batasang Pambansa of
a special court tobe known as the Sandiganbayan. The term is a tagalog word
meaning, “support of the nation.”
The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction
over civil and criminal cases involving graft and corrupt practices and such
other offenses committed by public officers and employees, including those
government-owned or controlled corporations, in relation to their office as may
be determined by law.” Under P.D. 1606, as amended, the Sandiganbayan consists
of a presiding justice and eight associate justices and has the same rank as
the Court of Appeals. It sits in division of three justices each, who shall be
necessary to constitute a quorum and whose unanimous vote shall be
required for the pronouncement of the judgment. Its decision may be brought on
certiorari to the Supreme Court.C. Administrative AgenciesAn Administrative Agency
may be described as a body endowed with quasi-legislative and quasi-judicial
powers for the purpose of enabling it to carry out laws entrusted to it for
enforcement or execution. Administrative Agencies includes:1.National Labor
Relations Commission2.Commission on elections3.Bureau of Internal
Revenue4.Bureau of Customs5.Board of Transportation6.Commission on
Audit7.Energy Regulatory Board8.Civil Service CommissionQuasi-Judicial
PowerThe power of the administrative agency to determine questions of fact to
which the legislative policy is to apply, in accordance with the standards laid down
by the law itself.References:Eduardo, J.P., et al., Fundamentals of Criminology.
Wiseman’s Books Trading,Inc. Philippine Copyright
2015.https://www.ncjrs.gov/pdffiles/161568.pdf
Topic 7:CORRECTIONAL INSTITUTIONS AND THE COMMUNITYObjectives:At the
end of the unit, the students should be able to:characterize jail and give its
importance and purpose;explain the Philippine prison system and its goals and
objectives; appraise the rehabilitation and treatment program inside the prison;
depict the community based treatment programs. exemplify the role of correction
in the Criminal Justice System. Instructional Materials:Hand-out/Pre-recorded
lesson No. of hours2 hour and 30 minutesTeaching-Learning Activity/Lesson
ProperCorrection, DefinedCorrection is a branch of the Criminal Justice System
concerned with the custody, supervision and rehabilitation of criminal offenders.
Correction as ProcessCorrection as a process is the reorientation of the criminal
offender to prevent him or her from repeating his delinquent actions without the
necessity of taking punitive action but rather introduction of individual measures of
reformation.Correction as one of the pillars of the Criminal Justice System is
considered as the weakest pillar. This is because of its failure to deter individuals in
committing crimes as well as the reformation of inmates. This is evident in the
increasing number of inmates in jails or prisons.Basic Approach InstitutionsThe
primary concern of penology is what to do with the prisoner. An old approach
to this fundamental call for his elimination, or at least his banishment and
isolation from society. But the era of purely vindictive societal reaction has given way
to the humane treatment of criminal offenders resulting in the present day
policy of rehabilitation and reformation. In this connection, there are three main
schools of thought or approaches with regard to the treatment of criminals. These
schools are better known as the 1) Classical, 2) Neo-Classical, and 3) Positive or
Italian.
Definition of TermsPenology, definedIt is the study of punishment for crime or of
criminal offender. It includes the study of control and prevention of crime through
punishment of criminal offenders.It is actually the division of criminology that deals
with prison management and the treatment of offenders, and concerned itself with
the philosophy and practice of society in its effort to repress criminal activities.Jails,
definedJails are primarily adultpenal institutions used for the detention of law
violators. Its original function was to house pre-trial detainees or to serve as
a place for the detention of accused persons charged with having committed
crimes. The detention was either for the accused person’s safety and security, or to
secure him for expeditious legal proceedings by the court. Later it came into
use for the service of short-term sentences. Today it continues its dual role as a
place of detention for those awaiting final disposition of criminal cases action and for
the service of short sentences of not more than six months, for those categorized as
city or municipal prisoners, and not more than 3 years or with a fine of not more than
1 thousand pesos, for those categorized as provincial prisoners. A jail is a place for
locking-up of persons who are convicted of minor offenses or felonies who are to
serve a short sentences imposed upon them by a competent court, or for
confinement of persons who are awaiting trial or investigation of their cases. Prison,
definedA penitentiary, an institution for the imprisonment of persons convicted of
major or serious crimes.A building usually with cells or other places established for
the purpose of taking safe custody or confinement of criminals.Prisoner, definedA
person who is under the custody of lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his
liberty or freedom.Importance of JailsNo layman would or may be able to appreciate
the importance of jails, unless and until he has once stayed there for violation of any
law or local ordinance. Jails are
intended for the purpose of letting one pay for the crime he committed, or to serve
as form of punishmentof sorts, but to enable a wrongdoer to be reformed and
rehabilitated so that after his release he will become a law abiding and useful citizen
of the community. Jails will serve as a deterrent as well to a would-be non-
conformist to the rules of society. The first experience of an offender is impressive
and lasting. The treatment that he receives from the jail guards or maybe from
his co-inmates may spell his early rehabilitation or may make him a hardened
criminal. General Classification of Prisoners1. Detention PrisonerThose detained for
investigation, preliminary investigation or awaiting trial.2. Sentenced
PrisonerOffenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.3. Prisoners who are on
safekeepingIncludes non-criminal offenders who are detained in order to
protect the community against their harmful behavior.Classification of Sentenced
Prisoners1.Insular or National PrisonersThose sentenced to suffer a term of
sentence of 3 years and 1 day to life imprisonment. Those sentenced to suffer
a term of imprisonment cited above but appealed the judgment and unable to file a
bond for their temporary liberty.2.Provincial PrisonersThose persons sentenced to
suffer aterm of imprisonment from 6 months and 1 day to 3 years or a fine not more
than 1,000 pesos, or both; or those detained therein waiting for preliminary of their
cases cognizable by the RTC.3.City PrisonersThose sentenced to suffer a term of
imprisonmentfrom 1 day to 3 years or a fine of not more than 1,000 pesos or both.
Those detained therein whose cases are filed with the MTC. Those detained therein
whose cases are cognizable by the RTC and under Preliminary
Investigation.4.Municipal Prisoners
Those confined in Municipal Jails to serve an imprisonment from 1 day to 6 months.
Those detained therein whose trials of their cases are pending with the MTC. The
Three Aims of Correctional Reforms“For the first time in the concept of
Philippine Criminal Justice System, the following are the three aims of correctional
reforms, to wit”:1.To provide judges with more options to deal with offenders through
the use of probation, day fines, commitment to community treatment centers,
pre-trial release, and other measures short of imprisonment.2.Improving condition
in prisons and jails, including decongestion, improved housing, more effective
medical, educational, vocational training, and rehabilitation program
services.3.Establishing an integrated correctional system that will insure the
development of a unified philosophy of treatment, implementation of uniform
standards and policies, effective programs planning and development, and efficient
delivery of services to offenders while at the same time protecting the interest
and welfare of society.REHABILITATION AND TREATMENT
PROGRAMSRehabilitation programs of prisoners can be carried out through the
process of classification and custody and control of prisoners. Classification is more
than placing prisoners in totypes of categories, while custody and control of
prisoners are important phases of prison management. Treatment services, on
the other hand, are geared toward improving an offender’s attitudes and his
philosophy of life.In the modern concept of penology, a correctional institution in
order to be an effective machinery in the prevention and control of crime
should see to it that its program is geared to protect society and at the same time
to rehabilitate the offender. Although this may entail a long range program of
rehabilitation, it is important nonetheless because its success will mean
sending the offender back to the community as useful and law-abiding citizen
for the rest of his life.Process of ClassificationClassification is method by which
diagnosis, treatment, planning and execution programs are coordinated in the
individual cases. Its objectives are the development of an integrated and realistic
program for the prisoner, arrived at through the coordination of the diagnosis,
planning and treatment activities; and an informed continuity of these activities from
the time of the arrival to the release of the prisoner.For this purpose, the following
are the three phases of the classification process, namely:
1.Diagnosis2.Treatment planning3.Execution of treatment programThe first take
place at the reception center, which is a special unit separate from the prison, or in
the classification clinic of the prison. The third takes place is the operating institution
or prison.It is necessary that prisoners should undergo a diagnostic examination,
study and observation for the purpose of determining the program of treatment and
training best suited to their needs and institution to which they should be transferred.
These process take place in the Reception and Diagnostic Center.The Reception
and diagnostic centermakes possible the careful study of offenders by a professional
staff, the segregation of prisoners o scientific methods, the treatment of inmates
based upon a careful study of the individual inmate at the time of commitment, the
improvement of institutional programs or a close study of the inmates’ characteristics
and needs made at the center, and the development of delinquency or crime.The
Reception Center is specialized diagnostic institution designed to service a big
correctional system. It is not atreatment center. In order that the center can
accomplish the purpose for which it is intended, the following basic elements must
exist in the correctional system:1.There must be a sufficient number and variety of
institutions or treatments or treatment facilities available to permit placement of each
individual in accordance with his treatment and training needs:2.There must be and
integration of plan and program including the reception center, treatment facilities in
the prison and parole placement and supervision;3.The public must be educated to
accept the basic concept of treatment as opposed to mere punishment;4.There must
be a sound philosophy of treatment and training throughout the entire correctional
system;5.There must be good facilities and personnel.Custody and control of
prisonersOne of the important phases of prison management. The rehabilitation
program in prison cannot be carried out if prisoners are not effectively
controlled.Programs and Services Provided by Prison Authorities Includes
theFollowing:1.Employment of Prisoners2.Religious Services
Most penal administrators hold the view that the chaplain is the most
important person in the rehabilitation set-up of correctional institution. It is the
chaplain who points out to the prisoners their relationship with God and their
fellowmen.3.Educational program4.Recreational ProgramRecreational programs of
any form will do away with the monotony of prison life.5.Library ServicesPrisoners
may be deprived of the liberty of a free man, but not the food of their minds. For
somehow, reading materials of good kind may reform a prisoner’s character
thereby helping him to rehabilitate himself. 6.Health and Medical
Services7.CounselingRelationship in which one endeavors to help another
understand and solve his problems of adjustment.EXECUTIVE
CLEMENCIESPardonA form of executive clemency which is exercised by the chief
executive. It is an act of grace and the recipient of pardon is not entitled to it as a
matter of right. Kinds of Pardon1.Absolute Pardon-One which is given without any
conditions attached to it. The purpose of this kind of pardon are:a.To do away with
the miscarriage of justice.b.To keep abreast with the current philosophy, concept or
practice of criminal justice administration.c.To restore full political and civil rights of
persons.2.ConditionalPardon-Conditional Pardon is in the form of a contract; it must
first be accepted by the pardonee before it takes effect. The pardonee is
under obligation to comply strictly with the conditions imposed therein; otherwise his
non-compliance will result tothe revocation of the pardon.Limitations of the
Pardoning Power1.Pardon cannot be extended in case of impeachment.
2.No pardon, parole or suspension of sentence for the violation of any election law,
may be granted without favorable recommendation of the commission of
elections.3.Pardon is exercised only after conviction by final judgment.AmnestyA
general pardon extended to groups of persons and is generally exercised by the
chief executive with the concurrence of congress.CommutationAn act of clemency
by which an executive act changes a heavier sentence to a less serious one or a
longer term to a shorter term.Purposes of Commutation1.To break the rigidity of the
law.2.To extend parole in cases where the parole law does not apply 3.To save the
life of a person sentenced to death.ReprieveA temporary stay of the execution of
sentence.COMMUNITYThe prevention and control of crime is not only the sole duty
and responsibility of the government, particularly the first four components of the
criminal justice system. It is as well the duty and responsibility of the society
and every member of the community.The category of the prevention and control
of crime activities includes those that appear to have the greatest potential for
reducing crimeand improving the quality of life.This includes the following
institutions:1.The HomeThe home has well been called the cradle of human
personality, for in it the child forms fundamental attitudes and habits that endure
throughout his life.a.Parental DisciplineItis commonly thought of as a means of
development and maintenance of good behavior and conduct in accordance with the
norms of society. its main objective is to inculcate good habits, attitudes and
values that will make a child a law abiding and useful member of the
community. Discipline at home however is not the responsibility of the parent alone.
But rather the concern of the member of the family.b.The Ultimate Objective of
Parental Discipline
The ultimate objective of parental discipline is to develop the child’s self-respect,
self-control, self-reliance, self-discipline and not merely the ability and desire
to conform to the accepted norms and standards for individual and community life in
normal society. Parental discipline includes butis not limited to the inculcation of
constructing habits, attitudes and values that will make every child a law-
abiding and useful member of the society.2.The SchoolThe school is in a
strategic position to prevent crime and delinquency. This is so because the
school exercises authority over every child who is of school age.It has an excellent
opportunity to influence his attitudes and behavior. 3.The ChurchIt is the church of
any denomination which points out to the faithful their relationship to God and
their fellowmen, and who by work and example, leads them to live a moral
life.4.The Mass MediaConsidered the best instruments for information dissemination
and the best source of knowledge for the public. It is through the mass media
and radio broadcastwhere public opinions are formed, and that is where their
influences lies.The community has a two-fold role:1.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 offenders; and2.It has the
responsibility to participate in the promotion of peace and order through crime
prevention or deterrence and in the rehabilitation on convicts and their reintegration
to society. References:Eduardo, J.P., et al., Fundamentals of Criminology.
Wiseman’s Books Trading, Inc. Philippine Copyright 2015.