Learning Packet

in
Introduction to Philippine
Justice System (18 Weeks)
 PREFACE

Criminal Justice System plays a dynamic role in development of

society. The system is composed of several government institutions
whose objective is to serve justice to all by protecting the innocent and
punishing the offender. “It is better to free ten guilty persons than
to punish one innocent” (Sir Willam Blackstone) The operations and
functions of these governmental units are interrelated in order to
accomplish its goals, namely: (1) to protect individual and society, (2)
to reduce crime by bringing offenders to justice, and (3) to increase
the security of the people. Hence, failure of one in the system is a
disaster.

This Learning Packet lean towards providing basic knowledge on

the Philippine Criminal Justice System to students enrolled as
freshmen in the College of Criminal Justice. Topics were brief and
concise so as not to overload the learner in the early stage of their
studies but rather to motivate them to pursue the course.

In Summary, Chapter 1 is the overview of the subject and

familiarization of related terms, while Chapter 2 covers the origin of
police and functions of law enforcement agencies in relation to the
administration of justice. Chapter 3, discusses the function of
prosecution and its collaboration with Chapter 4 that deals on how
the courts act as the arbiters of the law. Chapter 5 covers
contemporary and alternative forms of punishment in its goal to
rehabilitate inmates or prisoners, and Chapter 6 examines the role of
the community in crime prevention and the maintenance of
rehabilitated prisoners. At the end of every chapter are various
activities to check and reinforced students comprehension.
 Table of Contents

Preface
PART ONE - COURSE GUIDE
General Course Information
Course Learning Plan
Learning Modality
Class Policy
Study Guide
Class Assessment and Grading System
Student Support

PART TWO - LESSON PROPER

CHAPTER - I
Understanding Criminal Justice System

CHAPTER II
The 1st Pillar (Law Enforcement)

CHAPTER III
The 2nd Pillar (Prosecution)

CHAPTER IV
The 3rd Pillar (Court)

CHAPTER V
The 4th Pillar (Correction)

CHAPTER VI
The 5th Pillar (Community)

PART THREE – ACTIVITIES/TASK

Final Assessment – Major Examination.

Final output – Submission of Compiled Activities

References:

1. Criminal Justice system by Shirley S. Domingo

2. The Basics of the Philippine Criminal Justice System
by Nierme A. Capulso, Jr and Dennis J. Saluba
 3. Introduction to Philippine Criminal Justice System
by Franchette Monique I. Abalde and Gerry J. Cañ
o PhD
4. Correctional Administration 1 ( Institutional Based
Correction) Second Edition by C/Supt Merceds A
Foronda (Ret) DPA, PhD
5. LQC Review Materials
6. Center for Technical Professional Inc Review
Materials

PART I – COURSE GUIDE

General Course Information

Course Title : Intro to Philippine Criminal Justice system

No. of Units : 3 units

Duration: 18 Weeks

LEARNING CONTINUITY PLAN

Teaching-
Week Learning
Content/Topic Objectives/Competencies
No Modality/
Strategies
Week Introduction Be able to distinguish and explain the Home-based
1-2 different terms relative to the study of activity with
Criminal Justice System learning
Overview of Criminal modules/activity
Define Criminal Justice System sheets to be
Justice System Internalized the Goals and Purpose of distributed
Criminal Justice System in the through social
Definition of Terms Philippines. media platform
(GC), or in hard
Understand the Parts, Stages and the copy to be picked-
Philosophies behind the Criminal Justice up in designated
System. area.

Week The First Pillar Home-based

3-6 Be able to trace activity with
The Origin of police in the Origin of police in the Philippines. learning
 Philippines. modules/activity
Comprehend the duties and Functions sheets to be
Police/Law Enforcement of the PNP and NBI distributed
through social
Duties and Functions of
media platform
the PNP and NBI
Know the New Rank of PNP under (GC), or in hard
Republic Act No. 11200 Republic Act No. 11200 entitled, “An Act copy to be picked-
Providing for the Rank Classification in up in designated
Function of the Law the Philippine National Police” area
Enforcement
Recognize the General Function of the Law
Enforcement in relation to the
Administration of Criminal Justice
Arrest, Search and Seizure
System.
and other relevant terms.
Be able to distinguish and explain Arrest,
Search and Seizure and other relevant
terms.
Week The Second Pillar Be able to trace the Home-based
7-9 Origin of Prosecution. activity with
The Origin of Prosecution. learning
Internalized the Functions and Powers of modules/activity
Functions and Powers of
the Prosecution sheets to be
the Prosecution
Understand What Preliminary distributed
Persons authorized to Investigation is and familiarized its through social
conduct preliminary Purpose and objectives. media platform
Investigation, its purpose (GC), or in hard
Know The persons authorized to conduct copy to be picked-
and objectives.
preliminary Investigation up in designated
Arraignment, Plea area
Bargaining and Inquest
Proceeding.
Knowledgeable about Arraignment, Plea
Bargaining and Inquest Proceeding.
Week The Third Pillar Be able to trace the Origin of Court. Home-based
10-12 activity with
The Origin of Court Recognize the General Function of Courts learning
and its importance in relation to the modules/activity
Function of Courts and its
Administration of Criminal Justice sheets to be
importance
System. distributed
The Hierarchy of Courts in through social
the Philippines Familiarized with the Hierarchy of Courts media platform
in the Philippines (GC), or in hard
Duties and Functions of Identify and appreciate the duties and copy to be picked-
different courts to functions of different courts to include up in designated
their respective jurisdictions. area
The Litigation Process:
Comprehend the Litigation Process:
Arraignment and Plea, Pre- Arraignment and Plea, Pre-Trial, Trial,
Trial, Trial, Judgement, Judgement, New Trial or Reconsideration
New Trial or and Appeal.
Reconsideration and
Appeal. Be conversant about the Kinds,
Conditions and Amount of Bail
Kinds, Conditions and
Amount of Bail.

Week The Fourth Pillar Home-based

13-15 Be able to trace the activity with
 Origin of Correction Origin of Correction. learning
modules/activity
Contemporary and Distinguish the classification and sheets to be
Alternative Forms of duration of penalties distributed
Correction. through social
Be conversant with the contemporary and media platform
Type of Jails alternative forms of Correction. (GC), or in hard
Classifications of copy to be picked-
prisoner. Identify the different Agencies responsible up in designated
in the management and control of area
Correctional facilities.
Law on Probation and
Parole Recognize the type of Jails and
classifications of prisoner.

Understand the Law on Probation and

Parole

Week The Fifth Pillar Be able to define Community and Home-based

16-18
The Role of Barangay
The different components of
Community.
Forms of Settlement
The Barangay
Peacekeeping Action Team
Katarungan Pambarangay
Internalize the Role of the Barangay in the activity with
Phil Criminal Justice System learning
modules/activity
Familiarized with the different sheets to be
components of Community. distributed
through social
Classify the Forms of Settlement media platform
(GC), or in hard
Be conversant about The Barangay copy to be picked-
Peacekeeping Action Team up in designated
area
Discuss the Katarungan Pambarangay
“PD 1293 Commissioning KP to study the
Feasibility of Resolving Dispute at the
Barangay level”.

LEARNING MODALITY
This is a combination of Online Distance Learning or Non
Residence Instruction and Modular Learning which means whenever
possible topics can be discussed on line thru any type platform
convenient to the learner. On the other hand, soft copy of modules
and learning packets will be provided to student.
Class Policy
Aside from the current school policies specified in Student
Handbook, specific class policies shall be enforced. We will be both
held responsible for understanding and adapting all class policies.
Since, we are in distance learning or the distance blended learning,
hard copy of your activity/portfolio must be submitted/sent to the
school through courier service or may be hand-carried or dropped at
the designated area inside the the school campus. For your
identification, insure that your complete name, course code/block and
number of activity or type of examination is indicated in your output
before you finally submit.

Study Guide
1. Time management. Be aware on time allotted for each ,
lesson and activities.

2. Focus. There should be no room for distractions while

working on your
lesson and activities.

3. Submit on time. Time and Date for submission is flexible.

However, the submission of the output for the week shall not be
overtaken by the next activity. Be guided with policy number 1 & 2.

4. Answer confidently. Remember you have all the time to

study and has an option of discussing topics from among your
classmate. Be sure to come-up with the correct answer.

5. Work independently. It is truly fulfilling to work

independently. You will develop self-confidence at the early stage.

6. Motivate yourself. The learning process herein will depend

on the way you develop your habits and mind seating towards the
realization of your goal. At the end, graduating from the course is
great, but getting ready for the job increases self confidence and is
rewarding contributory to your success.

Class Assessment and Grading System

To pass the course, you must go through the Learning Packets

with care and
do the pre-assessment and self-assessment activities.
Pre-Assessments,
Self-Assessment
 Major Examination - 50 %
 Activities - 30 %
 Projects/portfolio – 20 %
----------------------
100%
Support and Services
Teacher Support. For clarifications, you can reach me thru
the following:
Instructor’s Information:
CARMELA E. ESPEÑO
Criminologist, LPT, TM DEGREE HOLDER
0936-895-334-0 ™
carmelaespeno@gmail.com
FB Account: carmelaespeño@yahoo.com
Messenger Account: carmelaespeño

You may contact me for clarifications and questions when

moving through this learning packet anytime between 9:00am-
3:00pm using this format, for easy identification

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE

SYSTEM

Introduction

In the Philippines, crime is so prevalent and inevitable.

It is not only a police matter, but also a problem in the
community where victims of criminal violence abound.
Cooperation of the police and the community members is
imperative to repress, if not totally eradicate criminal acts.
Members of the community must be vigilant in their
surroundings against lawless elements. They must have the
fundamental knowledge and tools needed to help in crime
prevention. One aspect of crime prevention is the proper
understanding of how the legal system works in our
country.

THE CRIMINAL JUSTICE SYSTEM

The criminal justice system was once likened to an

industrial or manufacturing process churning out a definite
product (Adler, et al ., 2000). Some people labeled that
product as justice," others considered it as the "reduction of
crime," while still others viewed it as both.

According to Hagan (2008), however, the criminal

justice system in a democratic society today has become
more defined. It is far more complex than that in an
authoritarian society since it maintains "law and order"
without abandoning the notion of "justice."

According to Packer (1993), there are two models in

the administration of criminal justice: the crime control
model and the due process model. The crime control model
treats the system as an assembly line wherein the solving
and closing of cases are prioritized over the accused
constitutional rights. It assumes that most accused are
guilty. In comparison the due process model states that
the rights of the accused should be protected. It operates on
the Blacksotne’s formulation that it is better for ten guilty
persons to go scot-free than for one innocent person to get
convicted. Hence at any rate the constitutional rights of the
accused shall always be upheld in every stage of the
Criminal Justice System before coming-up with a final
verdict.
 DEFINITION OF TERMS

Criminal - Refers to any person finally convicted by a

competent court in violation of law.

Justice - Principle of dealing with fairness, equality in the

application of law.

System - Process; a coordinated body of method.

Crime - An act committed in violation of public law

forbidding or commanding it.

Criminal action – is one by which the state prosecutes a

person for an act or omission punishable by law.

Complaint - a sworn written statement charging a person of

an offense subscribed by the offended party, peace officer or
any public officer charge with enforcement of the law
violated.

Offended party – the person against whom or against

whose property the crime was committed.

Information – an accusation in writing charging a person of

an offence subscribed by the prosecutor and filed with the
court.

Inquest – an informal and summary investigation

conducted by a public prosecutor in criminal case 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, said person should remain
under custody and correspondingly be charge in court

Probable case – it exists when the evidence submitted to

the inquest officer engenders well-founded belief that a
crime has been committed and that the arrested or detained
person is probably guilty thereof.
Preliminary investigation – an inquiry or proceeding
conducted to determine whether there is sufficient ground
to engender a well-founded belief that a crime has been
committed and that the respondent is probably guilty
thereof and should be held for trial.

Appointment – is the selection by proper authority of an

individual who is to exercise the powers and function of a
given office.

Judicial power – power to apply the law to context or

disputes concerning a legally recognized right or duties
between the state and private persons.

Venue – it is a geographical division in which an action is

brought to trial in a place of trial for criminal action.

Summary procedure – refers to proceeding whereby

criminal case are speedily decided or resolved.

Plea bargaining – the process whereby the accused and the

prosecution work out a satisfactory disposition of the case
subject to court approval.

Arraignment – it is made on the first day of the trial

wherein there is reading of the case and the accused enters
a plea.

Pre – trial – a conference undertaken among litigants and

their respective lawyers.

Trial – it is the examination done before competent tribunal,

according to the laws of the land if the facts in issue for
determining such issue

Promulgation of judgment – it is the reading given to the

accused.

Appeal – elevation of the decision of the lower court to the

higher court for the purpose of review.
Penalty – refers to the consequences that follow the
transgression of laws. The judicial punishment for crime or
violation of laws.

Prison – an institution for the confinement of persons

convicted of major crimes.

Prisoners – 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.

Jail – a place for locking-up of persons who are convicted of

a minor officer imposed upon there by a competent court or
for conferment of persons who are awaiting trial or
investigation of the case.

Release – the stage where the convicts after serving his

sentence or period of probation or parole is finally granted
the right of freedom by restoring his entire constitutional
and civil rights taken from him as a result of the
commission of crime.

Justice – the quality of being just fair and reasonable

Rule of law – is the legal maxim whereby governmental

decisions be made by applying known legal principles
Judge - a public officer who presides over court
proceedings and hear decide cases in a court of law either
alone or as part of panel of judges

Prosecutor – the person responsible for presenting the case

in a criminal trial against an individual accused of breaking
the law

Law – is a system of rules of conduct established by the

covering government of society to conduct wrong,
maintain the stability of political and social authority and
deliver justice

Plaintiff – the person who brings the case against another

in court of law
Respondents – the defendant of a lawsuit

Appellee – the respondent in a case appealed to a higher

court

Appellant – the party who appeals the decisions of the

lower court. A person who applies to a higher court for a
reversal of the decision of a lower court

Stare Decisis – the legal principle of determining points in

litigation according to precedent. Latin for “to standby that
which is decided”, general practice of adhering to previous
decision when it make new one.

Fruit of the poisonous tree- is a legal metaphor used to

describe evidence that is illegally obtained .

Miranda Doctrine – criminal suspect has the right to

remain silent which means they have the right to refuse
to answer questions from the police. They have the right to
an attorney and if they cannot afford an attorney, one
will be provided for them at no charge

Pro Bono – Legal work done for free

Writ – a form of written command in the name of the court

or legal authority to act or abstain from acting in some
way

Summon – a legal document issued by a court or

administrative agency of government authority or
urgently call on someone to be present

Discretion – the use of personal decision making and

choice in carrying out operation in the criminal justice
system

What is twelve table? – Early roman laws written around

450 BC which regulated family, religious, and economic life.

What is a Criminal?
 The criminal is the principal character in the processes
conducted by the five (5) pillars:
Police,Prosecution,Court,Corrections, and Community
which all together form the criminal justice system.*

So,how then do we know what a “criminal" is? How

can one earn such a label?

When we think of a criminal, we refer to someone who

has committed a crime, regardless of whether he is
convicted or not. But more appropriately, it should apply
only to individuals who are actually convicted of a crime.
West's Encyclopedia o. American Law defines criminal as
“an individual who has been found guilty of the commission
of conduct that causes social harm and that is punishable
by law; a person who has committed a crime."

A criminal, therefore, is any person who has been

found to have committed wrongful act in the course of the
standard judicial processes. Suspected criminals can be
described with unique characteristics such as with
aggressive, with negative attitude and behavior, and
dishonest. It is very noticeable that they are untidy and
unhealthy. (Hopkins 2008)

Suspected law violators are most often involved in

heinous crimes like kidnap for ransom,murder,rape with
homicide,and other grave offenses such as car-napping,
possession of unlicensed firearms,large scale estafa,
swindling, and the violations special laws like RA 9165 or
the Comprehensive Dangerous Drug Act of 2002.(Dima
lanta 2005)

Crime and Justice Defined

For the criminal justice process to begin,a crime must

have been committed of at least,suspected to have been
committed.
 A crime is any offense against a public law this
word,in its most general sense comprehend all offenses but,
in its limited sense, it is confined to felony punishable by
the Revised Penal Code.

Justice is defined as rendering to others what is due

to them. It means fairness or moral rightness. It is the
conformity of our actions and our will to the law.

But in the most extensive sense of the word,justice

means the proper administration of the law; the fair and
equitable treatment of all individuals under the law? It is
the ordering of human relations in accordance with general
principles impartially applied (Ginsberg 1997).This is done
by criminal justice agents who are flexible.Therefore,not
everyone is treated alike, and what is just depends upon
variables associated with the act,not only the crime itself
(Rosett & Cressey 1952).

Criminal Justice System (CJS)

Criminal justice refers to the procedure by which

criminal conduct is investigated, arrests made,evidence
gathered, charges brought, defenses raised,trials conducted,
sentences rendered, and punishment carried out.

So when we say criminal justice system, we refer to

a collection of national and local public agencies that deal
with the problem on crimes or are concerned with the
prevention, control, and reduction of crime and
delinquency. It is a collective effort observed in different
agencies or departments operating together both under the
rule f law and as the principal means of maintaining the
rule of law within the society.

The system comprises all the means used to enforce

standards of conduct,which re deemed necessary to protect
an individual and to maintain general community well-
being. It is the machinery which the society uses to prevent
and control crimes. he process is the totality of the activities
of law enforcers, prosecutors,defense law- ers,judges, and
correction personnel, as well as those of the mobilized
community in rime prevention and control.

It is a process of linking its key components so as to

achieve an interrelated scheme of reciprocal responsibility
in its approach to community involvement.It is also the e
instituted by the government to protect citizens from crimes
and criminals.

In broad term, criminal justice system creates the

laws governing social behavior, attempt to prevent violation
of the law, and apprehends,. judges, and punished those
who violate the law.

Basically, criminal justice system in the American

context is made up of three (3) key components.

1. Police - initiate the criminal justice process by the

arrest of the criminal.

2. Court-conducts the trial and imposes the penalty if

one is found guilty.

3 Criminal-is remanded to the prison not for

punishment but for Corrections and Rehabilitation.

Unlike the Philippine Criminal Justice System where

there are five pillars, the criminal justice system in the
United States consists of only three pillars. The US
government did not include Prosecution because its
function is already subsumed by the court and whenever
preliminary investigation is undertaken by the court, the
prosecution function is considered as having been
performed.

In the Philippine setting, the criminal justice system

has five (5) separate, formally organized components or
pillars, each with distinct and unique function to facilitate
its objective.
 1. Law Enforcement/Police
2. Prosecution
3. Courts
4. Corrections
5. Community

Part of the law enforcement is the identification of

lawless elements activities such as violence against person,
crimes against public order, crime against nature, and
crimes against property. These lawless elements are
arrested and prosecuted and if found guilty and
convicted,they shall be imprisoned.

Correction, on the other hand, rehabilitates and

reforms the offenders with the help of both public and
private sectors representing the community.

The division of labor and its functions in the criminal justice

system are represented by seven(7) major functional
components namely:

1. Police - to arrest the violator/criminal;

2. Prosecution - to proceed against the accused;

3. Courts - to litigate cases;

4. Probation Officers - to supervise low-risk,non-serious law

violators;
5. Correctional Institutions - to control prisoners;

6. Parole Board - to select inmates ready for early re-entry

to society;and

7. Parole Officers - to counsel and supervise the more

serious recidivists, hardened criminals.

Two Major Divisions of Criminal Justice System

 The System is divided into two (2) types: the formal
and the informal.

1. Formal CJS is the one that is given the formal

responsibility of controlling crime; the one that everyone
sees in everyday operation; and the one that redresses a
wrong or harm done to a person or a property.

a). Police

b) Prosecution

c). Court

d) Corrections

2. Informal CJS is the"larger"Criminal Justice

System, which includes (aside from the traditional criminal
justice system) the public and private agencies and citizens
that are involved in reducing and preventing crimes. These
private functionaries include community organizations,
unions, barangays, employers, and individual citizens. Their
participation in the larger CJS is usually.ignored by most of
the citizens.

Because police officers are the component of the

criminal justice system in closest contact with the
community, they are often blamed for failures in other parts
(Courts and Corrections) of the system.

It must be remembered that all these components are

interlinked in the operation. If one is ineffective, the whole
system is affected.
purpose

Goals of Criminal Justice System

The criminal justice system has two major goals:

1. To protect the members of the community

2. To maintain peace and order
 The authority to act against crime and to maintain order is
vested on the police, the court, and the corrections, as
the three components of the CJS.

The other goals (or sub-goals) of the system includes:

1. Crime prevention;

2. Suppression of criminal conduct by apprehending the

offenders for whom prevention is ineffective;

3. Review of the legality of preventive and suppressive

measures;

4. Judicial determination of guilt/innocence of those

apprehended;

5. Proper disposition of those who have been legally found

guilty; and
6. Correction by socially approved means of the behavior of
those who violate the criminal law.

Purpose of Criminal Justice System

The main purpose of CJS is to process individuals who

have been accused of criminal activities. To carry on the
processing procedure and to accomplish the desired purpose, we
simply follow the pattern of the criminal justice system. Pattern
of Criminal Justice System

1. The police are responsible for arresting an offender and

in gathering evidence against him.

2. The prosecutor is responsible for evaluating the

evidence the police have gathered and in deciding
whether it is sufficient to warrant the filing of charges
against the alleged violator.

3. The defense lawyer, whether privately retained or

provided by the government, is responsible for the
accused.
 4. The judge during the trial is an arbitrator in court who
ensures that the defense and the prosecution adhere to
the legal requirements of introductory evidence and
examining of witnesses.

5. The judge at the end of the trial renders decisions.

6. The probation officer conducts pre-sentence

investigation which the judge will make use of in the
determination of sentences.

7. The prison system receives and keeps the convict until

the Parole Board grants parole or until the convict
completes his sentence if parole is denied.

8. The Parole Board controls the released prisoners in

their return to the community.

Priorities of Criminal Justice System

The government, in order to achieve an effective

criminal justice system must work out plans to improve the
quality of the CJS through teamwork among its inter-
dependent components.

Priorities should be, but not limited to the following:

1. Improving the management and the operational

skills of law enforcement;

2. Reducing the delays in the CJS process;

3. Making the corrections more attuned to its role of.

reducing criminal behavior; and 4 Increasing the
community participation in crime prevention.

The different nomenclatures given to the person who is

being processed under the Criminal Justice System:

1. At the police stage, during investigation, he is referred

to as the SUSPECT.
2. At the prosecutor’s office, during the determination of
probable cause or during the preliminary investigation,
he is referred to as the RESPONDENT.

3. At the trial of the case, when a case has been filled in

court, he is referred to as the ACCUSED

4. Once the court has determined that the accused is

guilty beyond reasonable doubt as charge and the
judgement has been rendered, he is referred to as the
CONVICT.

5. It is only upon undergoing all the process when the

person has served the sentence when he can really be
considered as a CRIMINAL

Sources Of Philippine Criminal Law

1. The Revised Penal Code (Act No. 3815) and its

amendments

2. Special penal laws passed by the Philippine Commission,

Philippine Assembly, Philippine Legislature, National
Assembly, the Congress of the Philippines, and the
Batasang Pambansa

3. Penal Presidential Decrees issued during Martial Law

History Of The Revised Penal Code

According to Reyes (2000), the Revised Penal Code is

so called because the committee created by Administrative
Order No. 94 of the Department of Justice consisting of
October Paredes, Guillermo Guevara,Alex Reyes, and
Mariano H. de Joya were instructed to revise the Old Penal
Code, taking into consideration the then existing conditions,
special penal laws, and the rulings laid down by the
Supreme Court. The committee did not undertake the
codification of all penal laws in the Philippines. What the
committee did was merely revise the old Penal Code and
include in the draft the other penal laws related to it.

The Revised Penal Code does not embody the latest

progress of criminal science, as the results of the
application of advanced and radical theories “still remain to
be seen." The old
Penal Code,which was revised by the committee, took effect
in the Philippines on July 14, 1887, and was in force up to
December 31,1931.The Revised Penal Code, as enacted by
the Philippine Legislature, was approved on December 8,
1930. It took effect on January 1, 1932. Felonies and
misdemeanors, committed prior to January 1, 1932, were
punished in accordance with the old Penal Code and other
penal laws in force at the time of their commission, as per
Article 366 of the Revised Penal Code.

The Revised Penal Code

1. Book One consists of two parts: (a) basic principles

affecting criminal liability (Arts. 1-20), and (b) the
provisions on penalties, including criminal and civil
liability (Arts. 21-113).
2. Book Two defines felonies with their corresponding
penalties as classified and grouped under fourteen
different titles (Arts. 114-365).

Historical Meaning Of Crime

According to Reid(2000),crimes were not clearly

defined in the past. They did not call for official because all
acts then were considered private. Individuals who were
wronged took action against the wronged or the
wrongdoers family. The system broke down when the family
structure changed,societies became more complex,and
people's mobilize increased

Later the concept of crime developed but remained

confined to acts committed against the king. Personal
revenge continued as the only punishment for acts against
private citizens, Eventually,the king,representing the
state,realized that the peace of the community wast take
and decreed that the act of wronging a person should be
reported to him,Anyone who injured one of the king's
subjects was considered to have injured the king
himself,and the phrase "keeping the peace of the king" came
into use.
Gradually, the payment of compensation to the victim
by the offender replaced family feuding and other forms of
private revenge.The fine system then developed,with the fine
being paid to the king. Out of this approach came the two
domains of law: criminal law and civil law.

Criminal Law Distinguished from Civil Law

According to Reid (2000), although there is a

considerable overlap between criminal and civil laws, there
are important distinctions as well. When a criminal wrong
has been committed, the state initiates action against the
person accused of the crime because a crime is considered a
serious threat to the welfare of the entire society and not
just to the victim. Reid (2000, p. 6) adds that:

A non-criminal wrong, on the other hand, is

considered to be a wrong against only a particular
individual. In such cases, the person wronged may initiate
legal action against the accused. Non-criminal law refers
primarily to laws such as divorce, property, contract, or
torts law that regulate the legal rights between individuals
or organizations and others. Torts are civil acts for which
the law gives redress, and include wrongs such as personal
injuries, both physical and mental; assault and battery;
defamation of character; invasion of privacy; and illegal
interference with the possession of land. Some acts may be
both crimes and torts and thus can give rise to both
criminal and non-criminal actions.

Civil wrongs and crimes may br distinguished in

several ways. They may be tried in different courts; although
that is not always the case,different procedural rules apply,
with criminal defendants receiving more extensive legal
safeguards because of the potentially more serious reaction
of society to their acts. In fact, society's reaction constitutes
the main distinction between torts and crimes. In a criminal
case, the state may impose penalties such as probation,
work, imprisonment, capital punishment, a fine payable to
the state, or restitution to the victim. In a civil action, the
court may order the wrongdoer to pay monetary damages to
the victim. These damages may be high and, in the case of
intentional torts, may include punitive damages as well as
damages awarded for the purpose of replacing what the
victim has lost. Tort liability does not, however, result in
sentences such as incarceration.

Legal approach to crime

Crime is an act defined by law. Unless the elements

specified by the law are present and proved beyond a
reasonable doubt, a person will not be convicted of a crime.
The following legal definition serves as the reference point:
Crime is an intentional act or omission in violation of a
criminal law committed without defense or justification and
sanctioned by the state as a felony or misdemeanor.

An Act or Omission

The first part of the definition embodies philosophies

central to a legal system. A person may not be punished for
his/her thoughts; crimes must involve action. In some
cases, words maybe considered acts, e.g., treason or
assisting another to commit a crime. In these situations, it
can be argued that some action has been taken, but under
a legal system, an individual cannot be punished for
thinking about committing a crime if no elements in the
commission of that crime have been done. To consider
murdering one's spouse without actually going about it is
not a crime; hiring someone to murder one's spouse
however, is a crime. The failure to act may be a tort and a
crime, but with torts as well as crimes, the law requires the
existence of a legal duty before liability attaches for failure
to act. Moral duty does not suffice.
Intent

An actor omission that is not sufficient to constitute a

crime may nevertheless constitute
a tort. The law also requires intent or mens rea-a "guilty
mind"-to establish culpability. In
many cases,intent is the critical factor in determining
whether an act is or is not criminal.

The Difference Between Crimes Mala In Se And Mala

Prohibita

There is a distinction between crimes mala in se-acts

which are wrongful based on their nature, such as theft,
rape, homicide, etc.-and those which are mala prohibita-
acts which are wrongful merely because they are prohibited
by statute, such as the illegal possession of firearms.
According to Beavoir's Law Dictionary,“crimes mala in se
are those so serious in their effects on society as to call for
an almost unanimous condemnation of its perpetrators
while crimes mala prohibita are violations of mere rules of
convenience designed to secure a more orderly regulation of
the affairs of society" (Reyes, 2000).

CRIME AND CRIMINAL LAW

Reyes (2000) defines crime as an act or omission in

violation of a law. Criminal law, on the other hand, is that
provision of the law which "defines crimes, treats of their
nature, and provides for their punishment."

Power To Define And Punish Crimes

According to Reyes (2000), the state has the authority,

under its police power, to define and punish crimes and to
lay down the rules of criminal procedure. States possess a
large measure of discretion in creating and defining criminal
offenses. The right of prosecution and punishment for a
crime is one of the attributes that by natural law belongs to
the sovereign power. By the common will of the members of
society, states are obliged to look after, guard,
and defend the interests of the community, especially the
individual and social rights of its members.

Causes of Crime

Desire

CRIME
Capability
Opportunity

Cycle Of The Criminal Justice System

POLICE

COMMUNITY
PROSCUTION CRIME
(CRIMINAL)

CORRECTION COURT
 First Pillar of CJS: Law Enforcement

Law enforcement in the Philippines originated from the

small unit of organization in society-the family. Passed on
from one generation to another, "law enforcement" in the
family was implemented by both parents, but remained
mostly patriarchal in nature, with the father, the family
provider, making the rules, and the mother enforcing them.
When the child became too stubborn for the mother,
however, the father usually intervened.

When families organized themselves into tribes, law

enforcement widened its scope

With each tribe retaining its laws, rules, and

regulations, the tribal leaders who were mostly the elders in
the group realized the need to protect the community from
the other tribes who might be hostile to the group's
members. Thus, the need for able-bodied, young men arose.
These men were made to undergo rigorous test of loyalty
and bravery. Afterwards, they were entrusted to enforce the
rules and maintain peace and order.

Law enforcement is the prevention and control of

crimes, enforcement of laws, and effecting the arrest of
offenders, including the conduct of lawful searches and
seizures to gather necessary evidence.

The POLICE is the gatekeepers of the criminal justice

system process. The initiate contact with the law violators
and decide whether to formally arrest them and start their
journey through the system. Settle the issue informally, or
simply take no action at all. The police are the agency of the
community or government that is responsible for enforcing
the law, maintain public order and detecting crime. They are
known as the prime mover of criminal justice system.

There are two (2) principal agencies in charge of

law enforcement:
1. Philippine National Police; and
2. National Bureau of Investigation

Other agencies that enforce special laws are the

following:

1. Bureau of Internal Revenue(BIR);

2. Land Transportation Office (LTO);
3. Land Transportation Franchising Regulatory
Board (LTFRB)
4. Bureau of Customs (BOC);
5. Food and Drug Administration(FDA);
6. Philippine Coast Guard(PCG);
7. Philippine Aviation Security Command
(PAVSECOM);
8. Marine Industry Authority(MARINA);
9. Bureau of Fisheries and Aquatic Resources
(BFAR)

10. Air Transportation Office(ATO)

11. Department of Environment and Natural

Resources (DENR)
12. Philippine Drug Enforcement Agency (PDEA)

13. Bureau of Immigration (BI)

14. Department of Foreign Affairs (DFA)

15. Optical Media Board (OMB)

16. Intellectual Property Office (IPO)

17. Movie and Television Review and Classification

Board (MTRCB)
18. Central Bank of the Philippines
 Police Defined The word "police" generally means the
arrangements made in a civilized state so that the
inhabitants keep the peace and obey the law, It is
considered a public office.

A police officer is a member of a police force.

POLICE as an acronym means:

P - person
O - of
L - leadership
I - integrity
C - courage
E - efficiency

Importance of Police

The police are in a strategic position to detect the

causes of crime and delinquency and to prevent such acts.
They are the first point of contact between the citizen and
the law. They are in the "front line" and their vigor and
efficiency are mostly determined by the society's reaction to
violations of the law.

The increasing complicity of our society has brought

greater needs of law and efficient police protection. Without
the police, the criminal courts would have few defenders.

Three Major Police Functions In its law enforcement

tasks, the police render three major functions:

1. Crime prevention

2. Crime investigation

3. Traffic supervision
 Among the three major functions, crime prevention is
the police service that involves the greatest application of
discretion. Street-level police decision-making involves
discretion. Police officers must be careful whenever they
decide over criminal matters.

Since crime control is performed on a 24-hour basis,

discretion is the patrol officer's gauge for action. Basically,
the public see them as their first and last resort against
crime in different situations. Thus, police authorities
consider the patrol force the backbone of the police
department solely responsible for crime prevention work.

In fairness to the patrol's function as the principal

means of crime control,the vast array of discretion exercised
by the police in its crime prevention tasks and its
importance and impact upon the entire criminal justice
system have been recognized and accepted.

However, five critical questions arise despite the

recognition and acceptance of the criminal justice workers
of their given assignment:

1. Does police visibility prevent crime?

2. Is patrol work an effective crime control strategy?
3. Should the police performing patrol work be
authorized to use discretion?

4. If so, how should they apply it?

5 Should the exercise of discretion by the police be
controlled or regulated?

Basic Objectives of the Police

The police force is a major component of the judicial

system. Its primary tasks are legal security and individual
security before the law.

The overall objectives of the police can be summed up

as follows:
1. The prevention of crime and delinquency by
modifying the conditions that produce them, by
instilling respect for law and order, and by
cooperating with other agencies in the promotion
of public welfare.

2. The repression of the criminality and delinquency of

those who are inclined by patrolling
neighborhoods, inspecting the premises, and
keeping the community" fully informed regarding the
affairs of the areas over which they have jurisdiction.

3. The apprehension and identification of offenders

and the accumulation of evidence against persons
charged with crime.

4. The recovery of stolen property so as to reduce the

costs of crime and restrain those who, though not
active criminals, might benefit from the gains of
crime.

5. The regulation of people in their non-criminal

activities, like the direction of traffic and the
enforcement of sanitation and licensing laws
and ordinances.

Police Functions

The police play an important role in the

administration of justice. They are considered the
savior of our modern society.

But in maintaining public order and prevention

of crimes, police officers are not expected to do the
dangerous jobs of out shooting, out punching, and
outwitting dangerous criminals all the time. The police
have some important functions other than effecting
arrest or doing technical and operational aspects of
police work. These include non-criminal activities like
traffic regulation, pedestrian assistance, and litter
enforcement in public places.
 These police functions represent the big
percentage of time consumed in the performance of
their duty:

1. Protecting lives and properties and serving the

community;

2. Participating in crime prevention and crime

suppression;

3. Preventing criminal and delinquent behaviors

at the grassroots level within their area of
responsibility (AOR);

4. Repressing criminal and delinquent

behaviors;

5. Identifying, apprehending, and convicting

offenders within their area of
responsibility(AOR);and

6. Regulating traffic flow and collision reduction.

Functions of the PNP

Police refers to a police office occupied by a police

officer in the Philippine National Police as an agency created
under Republic Act No. 6975(Department of the Interior and
Local Government Act of 1990).

A police officer refers to a person who is an agent of

authority occupying the police office and is mandated to
implement the laws of the land as his primary function in
the maintenance of peace and tranquility.

RA 6975, as amended by RA 8551 (The Philippine

National Police Reform and Reorganization Act of 1998),
describes the functions and powers of the police officer.

The Key Functions of the PNP under Section 24 of RA

6975 are as follows:
(a) Enforce all laws and ordinances relative to the
protection of lives and properties;

(b) Maintain peace and order and take all necessary

steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of

criminal offenders, bring offenders to justice and
assist in their prosecution;

(d) Exercise the general powers to make arrest, search

and seizure in accordance with the Constitution and
pertinent laws;

(e) Detain an arrested person for a period not beyond

what is prescribed by law, informing the person so
detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and

explosives in accordance with law;

(g) Supervise and control the training and operations

of security agencies and issue licenses to operate
security agencies, and to security guards and private
detectives, for the practice of their professions; and

(h) Perform such other duties and exercise all other

functions as may be provided by law.

Composition of the PNP

1. Police forces who were integrated into the

Integrated National Police (INP) pursuant to PD
No.765;

2. Officers and enlisted personnel of the Philippine

Constabulary (PC);

3. Technical services of the AFP assigned with the PC

and the civilian operatives of the Criminal
Investigation Service (CIS); and
 4 Regular operatives of the abolished NAPOLCOM
Inspection, Investigation and Intelligence Branch.

Police Leadership

Max Weber in his book Police Leadership(1987)

defines police leadership as an act that influences others to
be motivated and committed to work for the benefits of the
whole community.

Police Discretion

The police officer is vested by law with discretion to act in

certain conditions or situations in accordance with his own
judgment or conscience. For as long as his concept of police
discretion is not in conflict with the letter and spirit of the
law, he must have flexibility in dealing with situations he
encounters in his work.

Some Discretion of the Police

1 To be lenient, when necessary, in the enforcement of

laws and ordinance (e.g., He cannot pull over every
speeding driver all the time.)

2. Not to be strict in effecting arrest in less serious

cases

3. To gather additional evidence or immediately file a

case against the suspect

4. To follow up cases

CHRONOLOGY OF THE PNP

To better understand police functions, the

chronology of the PNP must be studied.
 Before the tribal era, crimes were avenged by the
family of the victims. Retaliation is the most common
punishment. This system was harsh and barbaric.

During the tribal era. The tribal elders or chiefs were

the executive,legislative, and judiciary officers. They
determined who would guard the community against other
tribes and maintain peace and order. Punishments during
this time were also harsh and barbaric.

During the Spanish Regime.The Spaniards

organized the following groups:

1. The Carabineros de Seguridad Publica or the

mounted police(1712)were armed personnel tasked to carry
out the policies of the Spanish government.They were later
assigned to monitor ports, harbors, and rivers.

2. A royal decree created the Cuadrilleros in

January 8,1836. The decree provided that 5% of the able-
bodied male inhabitants of each town shall serve in the
police force for three years.

3. A royal decree issued by the Spanish government

on February 12, 1852 established the Guardia Civil
consisting of Filipino policemen organized at the provincial
levels under the command of the governor known at that
time as the alcalde. This measure aimed to relieve the
Spanish peninsular troops of the task of keeping peace and
order in the towns and provinces.

During the American Regime. After the liberation of

the Filipinos from Spanish rule,the Americans from 1898 to
1901 governed the Philippines and created the Philippine
Commission that recommended to the Secretary of War the
establishment and promulgation of the following
organizations and laws:

1. The Insular Police Force whose main function was

to maintain peace and order in the country (November 30,
1890)
 2. Act No.175 entitled"An Act Providing for the
Organization and Government of an Insular
Constabulary"which improved the former Insular Police
Force(July 18,1901)

3.The Manila Police Department by virtue of Act

No.183(July 31,1901). Captain George Curry was its first
Chief of Police.

3. The Philippine Constabulary which was created by

Act No. 255 with Captain Henry T. Allen as the first Chief
(October 3, 1901). Although the officers were mostly
Americans, the personnel were largely Filipinos.

4. The Revised Administrative Code (1917). Section

825 emphasized the role of the Philippine Constabulary as a
national police institution which was responsible for
preserving peace, keeping order, and enforcing the law. The
phrase "enforcing the law" was used or adopted as early as
in this code.

During the Second World War. The Japanese

government occupied the Philippines and established its
own police force known as the Kempeitai. The Manila Police
created during the American regime was renamed the
Metropolitan Constabulary and placed under the Bureau of
Constabulary until the return of General Douglas
MacArthur on February 7, 1945.

After the Second World War. On September 18, 1966,

Republic Act No. 4864 or the Police Act of 1966 was
enacted. It created the Police Commission (POLCOM), which
later became the National Police Commission (NAPOLCOM),
and placed this commissions under the Office of the
President. The POLCOM supervised the Philippine
Constabulary. The commission function is to oversee the
training and professionalization of the local police forces
who later gained national recognition.

On August 8, 1975, Presidential Decree No. 765 was

enacted, placing the NAPOLCOM under the Ministry of
National Defense. This decree also defined the relationship
between the Integrated National Police (INP) and the
Philippine Constabulary in compliance with the provisions
of the 1973 Philippine Constitution (Section 12, Article V).

On December 13, 1990, Republic Act No. 6975 or the

DILG Act of 1990 and the PNP Law of 1991 were approved
by then President Corazon C. Aquino. The second law
created the PNP, declaring it as the only police force of the
country with a national scope. It is civilian in character.

NATIONAL SCOPE = means that the PNP is a

nationwide government organization whose jurisdiction
covers the entire breadth of the Philippine Archipelago,
All uniformed and non-uniformed personnel of the
PNP are national government employees

CIVILIAN IN CHARACTER means that the PNP is not

a part of the military, although it retains some military
attributes such as discipline.

On February 25, 1998, R. A. 6975 was amended by

Republic Act No. 8551 or the PNP. Reform and
Reorganization Act of 1998. As a result, the PNP is placed
under the supervision of the Department of the Interior and
Local Government.

The police are not the only law enforcement agency

in the country. In fact, they act in constant partnership with
the NBI, Philippine Drug Enforcement Agency (PDEA),
Bureau of Immigration (BI), Bureau of Customs (BOC), Land
Transportation Office (LTO), and other governmental
institutions that need the protection and service of the
police force through joint operations, intelligence work,
networking, data-gathering, research, and information
sharing.

Policemen also help in the preparation and

presentation of evidence during prosecution. The evidence
to prove guilt beyond reasonable doubt is partly based on
police reports and investigations. The police can even testify
during a trial. However, any error committed by the police in
their investigation of the case may nullify the evidence they
presented.
The police also work with the court. The search
warrants needed to conduct operations and arrest suspects
can only be issued by a judge.

Policemen also provide security services to the Bureau

of Jail Management and Penology (BJMP), including escort
and custodial services during the transportation of
prisoners from one place of confinement to another and
during court appearances. They also help in manhunt
operations against fugitives and escapees.

Visibility in and cooperation with the community are

also required in capturing drug syndicates, smugglers,
illegal gamblers, and other criminals. However, the vigilance
of the police needs to be reinforced by the diligence of the
other law-enforcement groups in the community like the
barangay tanod and other non-police groups.
 THE NATIONAL BUREAU OF INVESTIGATION:
A SYMBOL OF NOBILITY,BRAVERY,AND
INTEGRITY

On June 19,1947,Republic Act No. 157 was

enacted,reorganizing the Division of Investigation and
creating the Bureau of Investigation which remained under
the authority of the Department of Justice (DOJ). On
October 4, 1949, Executive Order No. 94 was passed and
the Bureau of Investigation was renamed the National
Bureau of Investigation(NBI).The DOJ retained control over
the NBI.

In 1960, Republic Act No. 2675 was enacted. It gave

way to the expansion and reorganization of the NBI which
became an investigative and research agency for law
enforcement. On July 25, 1987, Executive Order No. 292 or
as the Administrative Code of 1987 provided the
organizational structure and operation of the DOJ and its
attached agencies, including the NBI.This redefined the
mandate of the NBI.

The Mandate of the NBI

(Republic Act No. 157; Letter of Instructions No.20)

The National Bureau of Investigation is mandated to:

1. Undertake the efficient detection and investigation

of crimes and other offenses against the laws of the
Philippines upon its own initiative or as public interest may
require

2. Render technical assistance upon request in the

investigation and detection of crimes and other offenses
3. Coordinate with other national and local police
agencies in the maintenance of peace and order

4. Establish and maintain an updated scientific crime

laboratory

5. Act as a national clearing house of criminal records

and other information for the use of all prosecuting and law-
enforcement entities of the Philippines.

6. Record the identifying marks, characteristics, and

ownership or possession of all firearms as well as the test
bullets fired therefrom
 7. Provide technical assistance to all prosecuting and
law enforcement agencies of the government as well as
courts which may request for its services

8. Extend services in the investigation of cases of

administrative or civil in nature in which the government is
an interested party

9. Undertake the instruction and training of a

representative number of city and municipal peace officers
at the request of their respective superiors on the effective
methods of crime investigation and detection to insure a
greater efficiency in the discharge of their duties.

HOW IS CRIME DETECTION HAPPENED ?

The detection of crime usually occurs in the
following manner:
a. The most typical way that crimes come to the
attention of the police is for the victim to report its
occurrence to the police
b. A less typical way for the police to advised of the
crime is through the reporting of someone who has
witnessed its commission or has come upon
evidence indicating that a crime has been
committed;
c. The police themselves, through their routine
operations discover that a crime has been
committed or witness its commission

How is an Arrest Made?

Procedure in Making an Arrest by Virtue of a

Warrant
(Sec. 7 of Rule 113 of the Rules of Court)

- The police secures a warrant of arrest from the court.

- The police shall inform the person to be arrested of

the cause of the arrest based on the warrant arrest
from the court.
- If the person to be arrested flees or forcibly resist the
arresting officer before he/she could be informed of
the facts the arrest, or if divulging these facts could
imperil the arrest the officer may arrest the person
even if the warrant is not in his possession at the time
of arrest . If the person demand to see the warrant of
arrest, this will be shown to him/her as soon as
practicable.

- After executing the arrest, the arrested person shall

be delivered to the nearest police station or jail without
unnecessary delay.

Procedure in Making an Arrest Without a Warrant

(Sec. 8 of Rule 113 of the Rules of Court)

When the arrest is made without a warrant, the

police shall inform the person to be arrested of his/her
authority and the cause of the arrest.

In case the person to be arrested flees or forcibly

resists arrest before the arresting officer has the
opportunity to tell him/her of the facts of the arrests
or if giving these facts may imperil the arrest, then a
warrant is not needed.

After the arrest, the person arrested shall be

brought immediately to the nearest police station or
jail and may be subjected to inquest where the offense
for which he/she has been arrested requires a
preliminary investigation.

Powers of the Police During an Arrest

The arresting police officer has the power to:

- Orally summon any or more persons to assist

him/her in effecting the arrest. The person/s
summoned shall give the necessary assistance
provided that it is not detrimental to his/her/their
well-being (Sec. 10 of Rules 113 of the Rules Court).
 - Break into a building or enclosure where the
person to be arrested is or is believed to be inside, after
the arresting police officer has announced his/her
authority and purpose and has been refused
admittance (Secs. 10-12 of Rules 113 of the Rules
Court).

- To arrest a suspect on any day and at any time

of day and night (Sec. 6 of Rules 113 of the Court)

- To make a report to the judge who issued the

warrant. The warrant is usually issued to the head of
the office for execution within 10 days from the receipt.
After the expiration of the ten-day period, the police
officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. If
the police officer fails to execute the warrant within the
given period of time, he/she shall state the reasons for
the failure in the report.

- A police officer may still arrest a person with a

pending warrant of arrest until such time when the
latter has been arrested. The police may not bring the
actual warrant of arrest as long as he/she knows that
a warrant was issued to the person being arrested. A
warrant of arrest issued by a competent court may be
served anywhere in the Philippines.

SEARCH AND SEIZURE

The police can also be authorized to search for

and seize evidence. As with arrests, searches may be
done with or without a court-issued search warrant.

A search warrant is an order in writing issued by

the Court in the name of the People of the Philippines
directing a peace officer to search for personal property
described in the warrant and bring it to the court (Sec.
1 of Rules 113 of the Rules Court).

How to Obtain a Search Warrant

 - The law enforcement officer must provide
information amounting to probable cause. Probable
cause refers to the facts and circumstances that will
lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the
object sought in connection with the offense is in the
place sought to be searched.

- Data such as the address or the description of

the place or vehicle to be searched must be supplied to
the judge.

- The request must also include the crime or

activities to be investigated.

- Furthermore, the things to be seized must be

particularly described.

- Section 2 of Article III of the 1987 Philippine

Constitution states the right of the people to be secure
in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever
nature and for any purpose. This means that no one is
allowed to violate the rights of anyone by trespassing
on his or her dwelling or seizing his/her property and
effects illegally or without probable cause. Thus,
invading a house or seizing papers and effects without
any cause is illegal.

- When the search and seizure is done with a

warrant, the probable cause is determined by the
judge who issues the warrant. If the search and
seizure is done without warrant, the probable cause is
determined by the peace officer.

Requirements in the Issuance of a Search Warrant

- There must be probable cause.

- The request must be for only one specific

offense.
 - The judge must determine if the facts presented
constitute probable cause. This task cannot be
delegated.

- The examination report must be sworn to and

affirmed by an affidavit duly notarized by the
complainants and the witness/es. The complainant/s
and witness/es must be under oath so that in case the
testimony turns out to be false, he/she/they may be
charged with perjury.

- The place to be searched must have a complete

address or must be clearly described and the things to
be seized must also be specified.

Second Pillar of CJS: Prosecution

===========================================

After the laws enforcement agencies have and

investigation criminal cases, these will now be brought to
the prosecutor for appropriate inquest or other form of
investigation. The rights of the suspect must always be
respected to ensure that the case against then will be
prosecuted successfully.

The prosecution is under the Department of Justice;

constituted by the existing provision EXECUTIVE ORDER
NO. 292, otherwise known as the “Administration code of
1987”

Prosecution is the legal process or method whereby

accusation is brought before a court of justice to determine
the guilt or innocence of the accused. An agency responsible
in presenting the government position in criminal cases and
evaluating piece of evidence presented by the law enforcing
pillar.

The prosecutor is a public officer having an authority

to conduct legal actions concerning the complainant filed at
his office and perform other prosecution function provided
by the laws.

Prosecution is the institution or continuance of a

criminal suit involving the process of exhibiting formal
charges against an offender before a legal tribunal and
pursuing final judgment on behalf of the state or
government. It is the process or method whereby
accusations are brought before a court of justice to
determine the innocence or guilt of the accused.

There are three (3) kinds of prosecution system

which includes: The Adversarial System, also known as
accusatorial system, wherein the victim or his/her
representative has the primordial responsibility of finding
and presenting evidence to the court. Then the judge listens
to the accusation and thereafter determines the punishment
applicable to the accused. The concept of this system is that
the accused is presumed innocent until proven guilty. This
system is adopted by several countries having common
laws. Another kind is the Inquisitorial System wherein the
judge is responsible in searching for facts, listens to the
witnesses, and investigates to prove the guilt or the
innocence of the accused. The concept of this system is that
the accused is presumed guilty until proven the contrary.
This system is adopted in continental countries. The last
kind of prosecution system is the Mixed System wherein it
adopts both adversarial or accusatorial and inquisitorial
prosecution system. The concept of this system,where the
victim of his/her representative provides tor the fc0 to prove
the guilt of the accused,but then the accused enjoys the
presumption of innocence and provides facts to prove that
the accused is innocent The judge will then determine,as to
the evidence presented before him if the accused in guilty
beyond reasonable doubt or acquittal

In the Philippines,the prosecution system was

patterned after different countries that have legal system
ahead of the Philippines. The agency that is responsible for
the prosecution is the Department of Justice. It is the
government's principal law agency. It serves as the
governments prosecution arm and administers the
government's criminal justice system by investigating the
crimes, prosecuting offenders, and overseeing the
correctional system, It is also the government's legal
counsel and representative in litigations and proceedings
requiring the services of a lawyer, implements the
Philippines' laws on the admission and stay of aliens within
its territory, and provides free legal services to indigent and
other qualified citizens.

Definitions and Functions of Prosecution

The prosecutors are government officials who represent

the people of a particular jurisdiction. The state
prosecutors, also known as fiscals, are considered
the"keystone" in the administration of criminal justice.

The function of a prosecutor is to initiate and

prosecute all criminal prosecutions. He is a public official
who instigates a criminal proceeding. He is a criminal
investigator who works in coordination with the police
officers. This is to ensure that the evidence. collected will
stand up to judicial scrutiny even at the early stages of a
case. He prosecutes and performs the function of the judge,
in that he decides which case to bring to trial.

The state prosecutor serves as the lawyer of the state

in criminal cases.

Pre-Trial

Pre-trial is a mandatory conference and personal

confrontation before the judge between the parties and their
respective counsel. It is, by definition, a procedural device
intended to clarify and limit the basic issues raised by the
parties.'

The main purpose of pre-trial is to expedite the trial,

where the accused and the counsel agree. Both parties
consider these three areas of pre-trial:
 (1) whether or not to file a criminal charge;

(2) how to set the level of seriousness of the offense to

be charged; and

(3) when to stop prosecution.

Roles of Prosecutors

1. As dispensers of justice - Prosecutors decide either

to dismiss or file a case for trial. *Interlining
Corporation v. Philippine Trust Company,428
Phil.584,588(2002). 21

2. As overseers of the police - Prosecutors can review

and analyze the work of the police to determine whether
they have a case based on the sufficiency of evidence they
have gathered.

Interaction of the Police and the Prosecution

The effectiveness of prosecution depends on the

immediate and full cooperation of the arresting officer. A
good police investigation of a case helps the prosecution
involved in the investigative process to evaluate the legal
strength of the case,review the action taken by the police
while the facts can still be validated, and decide what
course of action to take in behalf of the State.

Police Process

The police conduct investigation and when the

outcome of their investigation reveals sufficient evidence
against a particular suspect, based on testimony and
identification by witnesses, and other evidence, the suspect
is placed under arrest. At the time a person is arrested, it
shall be the duty of the arresting officer to inform him of the
reason for the arrest and he must be shown the warrant of
arrest, if there is already a warrant for his arrest. He shall
be informed of his constitutional rights, like the rights to
remain silent and to have a counsel, and that any statement
he might make could be used against him.

A custodial investigation is conducted when the

suspect has been taken into custody, and the police carry
out a process of interrogation.

Within a reglementary period, the police report of the

case is forwarded to the prosecutor's office for review. The
prosecutor evaluates the document to determine whether to
reject or to accept the case for prosecution. If he is
convinced that the documents submitted by the police merit
prosecution based on probable cause, a preliminary
investigation shall be conducted.

Preliminary Investigation (Section 1,Rule 112,Revised

Rules of Criminal Procedure)

A preliminary investigation is an inquiry or

proceedings for the purpose of determining whether there
exists sufficient ground to engender a well-founded belief
that a crime has been committed and that the respondent is
probably guilty thereof, and should be held for trial.

The present rule on preliminary investigation is

patterned after the Presidential Decree No. 911,
promulgated on March 13, 1976, as amended by Batas
Pambansa Bilang 129 and further amended by the.New
Rules on Criminal Procedure.

Presidential Decree 911 (PD 911)

The main objective of the law is to hasten investigation

of criminal complaints involving grave felonies punishable
by death, life imprisonment, reclusion temporal and prison
mayor, or cases cognizable by criminal courts.

Salient Points of PD 911

a. Upon submission of the complainant's affidavits and

documents, the investigating fiscal of state prosecutor
shall immediately determine if there is a probable
cause to conduct preliminary investigation.

b. If no such cause exists, he shall dismiss the complaint.

But if there is a probable cause, he shall notify and
require the person charged to submit his affidavit and
those of his witnesses within ten (10) days.

c. If no such affidavits are submitted or the person charged

does not appear, the investigation shall proceed
without him.

d. On the basis of the affidavits and documents submitted

by the parties, the Fiscal or State Prosecutor shall
decide within ten (10) days whether a crime has been
committed and the person charged is probably guilty
thereof.

e. He shall furnish the parties' copies of his resolution

briefly stating his findings of facts and the law
supporting his decision.

f. If he believes the person charged is probably guilty of the

crime, he shall immediately file the information in court.
Otherwise, he shall dismiss the complaint, unless there
are some matters he wishes to be clarified.

g. In such a situation, he shall ask the parties and their

witnesses clarificatory questions. Parties cannot ask
questions; they only submit their questions to the
fiscal who shall decide whether to propound the
questions or not.

h. Without the approval of the Provincial Fiscal or Chief

State Prosecutor, an Assistant Fiscal or State
Prosecutor cannot file information in court or dismiss a
case investigated by him.

i. The Provincial Fiscal or Chief State Prosecutor himself

may file the proper information or direct another Assistant
Fiscal to do so, if he reverses a recommendation to
dismiss a complaint.
j. PD 911 also empowers the Secretary of Justice to review
resolutions of Provincial Fiscal or Chief State
Prosecutor without requiring another preliminary
investigation.

K. If the Secretary of Justice believes that the person

charged is not guilty of the crime, he can order any
Assistant Fiscal to move for the dismissal of the case. In
like manner, he can order the filing of the proper
information if he believes that the person charged is
probably guilty of the offense.

Persons authorized to conduct a preliminary

investigation are the provincial or city fiscal and their
assistants, national and regional state prosecutors, and
other fficers who may be authorized by law (e.g. COMELEC,
Ombudsman). Note thatl the conduct of preliminary
investigation has been rémoved from judges of the firstt evel
courts effective 2005 (AM No. 05-8-26-SC which deleted
Section 5 of the Rules ofo Court).

The determination made by the assistant fiscal or state

prosecutor in his resolution to either dismiss or file the case
is only recommendatory. His findings may be reversed or
modified by the provincial or city fiscal.

Take note that there is no right of preliminary

investigation when a person is lawfully arrested without
warrant.

Agencies Comprising Prosecutorial Functions

1 National Prosecution Service

2 Office of the Special Prosecutor

3. Office of the Ombudsman

5. Judge Advocate General's Office

Purpose of Preliminary Investigation

 The purpose of preliminary investigation is to secure
the innocent against hasty, malicious,and oppressive
prosecution,and to protect them from an open and public
accusation of crime,from the trouble,expense and anxiety of
a public trial, and also to protect the state from useless and
expensive trial.

Important factors that influence the prosecutor to

charge a person with a crime:

1. Legal basis of the case, or finding of a probable

cause

2. The suspect is in fact guilty.

3. The willingness of witness to testify

4. The likelihood that the prosecutor can legally prove

the defendant's guilt.

Preliminary investigation is required before the filing

of a complaint or information for an offense where the
penalty prescribed by law is at least 4 years, 2 months, and
1 day regardless of fine.

Complaint and Information Defined(Rule 110-Revised

Rules of Criminal Procedure)

Section 2 - Complaint or Information. The complaint or

information shall be in writing, in the name of the People of
the Philippines and against all persons who appear to be
responsible for the offense involved.

Section 3-A complaint is a sworn written statement

charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.

Section 4-An information is an accusation in writing

charging a person with an offense subscribed by the
prosecutor and filed with the Court.
The Duty of an Investigating Fiscal

If the investigating fiscal finds cause to hold the

respondent for trial, he shall prepare resolution and
corresponding information. He shall certify under oath that
he, or as shown in the record, an authorized officer, has
personally examined the complainant and his witnesses,
that there is a reasonable ground to believe that the
accused is informed of the complaint and of the evidence
submitted against him and that he is given an opportunity
to submit controverting evidence, Otherwise, he shall
recommend dismissal of the complaint.

In either case, he shall forward the records of the case

including the resolution to the provincial or city fiscal or
chief state prosecutor within five (5) days from his
resolution, The latter shall take appropriate action thereon
within ten (10) days from receipt thereon, immediately
informing the parties of said action.

Prosecutorial Discretion

1. To file a case in court against the accused for trial on

merits

2. To drop or dismiss a case after conducting preliminary

investigation for lack of merit or insufficient evidence

3. To enter into agreement with the defense counsel for the

consideration and approval of the court

4. To recommend reduced charges and bail in favor of the

accused.

Remedies of an offended party against a fiscal Who

refuses unreasonably or unjustifiably to file
information:

1. To file a criminal case against the fiscal

2. To file an administrative case

3. To hold him civilly liable

4. To file an action for mandamus to compel the fiscal to

file the information.

5. To file a motion for reconsideration

6. To appeal to the Department of Justice

Probable Cause

A probable cause means the presentation of sufficient

facts that would convince the judge issuing the warrant of
arrest to believe that there is a probable cause that the
person to be arrested has committed a crime and not only
for the reason that he has committed a crime.

a. As the basis in charging/prosecuting a person for an

offense
Probable cause is the existence of facts and
circumstances that would excite the belief, in a reasonable
mind, acting on the facts within the knowledge of the
prosecutor, that a person charged is guilty of the crime he is
prosecuted.

b. As a ground for an arrest or issuance of a warrant

of arrest

Probable causes are facts and circumstances that

would lead a reason- ably discreet and prudent man to
believe that the person to be arrested has committed an
offense.

c. As a protection against false prosecution and arrest

Probable cause is the knowledge of facts, actual or

apparent,strong enough to justify a reasonable man in the
belief that he has lawful grounds for arresting the accused.

Arraignment and Plea Bargaining

 To arraign a person is to summon him to court to
answer charges made against him in an indictment.

Arraignment is the legal mechanism whereby an

accused is brought before the court wherein the complaint
charged against him is read by the clerk of court in the
presence of his lawyer.This is the formal mode of
implementing the constitutional right of the accused to be
informed of the nature of the accusation against him.

Plea bargaining, on the other hand, is the process of

discussion or negotiation between the defense counsel and
the prosecutor,aimed at reaching,an agreement whereby the
prosecutor uses discretion to obtain from the judge a lighter
sentence in exchange for the defendant's entering a guilty
plea.

Characteristics of Plea Bargaining

Plea bargaining is typically an informal,off-the-record

process controlled by the prosecutor and the defense
counsels,without participation from the court,or the
accused. There are no formal rules to guide the lawyers in
arriving at a plea bargain that is mutually satisfactory,fair
to the defendant,acceptable to the court, and in the best
interest of the public.

Neither lawyer has much knowledge of the legal

strength of the other's case. Hence,both have to bargain in
the dark.

The plea bargain is negotiated without the pre-

sentence reports by the probation officers that are essential
to informed sentencing and the protection of society.

Plea bargaining is held almost at random, whenever

and wherever opposing counsels happen to talk to each
other; plea bargaining may begin immediately after arrest
and may continue after the trial has begun.
 No record is made of the concessions or promises made by
the prosecutor, the conditions that may have been attached
to the government's offer, the defendant's acceptance of the
deal, or the court's willingness to abide by the prosecutor's
recommendation.

Inquest Proceeding

An inquest is an inquiry made by the prosecutor to

determine the legality of the arrest especially if the arrest
was made without warrant because the accused is
apprehended while committing a crime in flagrant delicto.

Its purpose is to ensure that the person/s arrested

is/are not unlawfully detained or is/are denied due process.

It also establishes that the evidence presented is

sufficient to keep the person/s detained.

Prescription Period in Inquest Proceedings

Cases punishable with light penalties - 12 hours

Cases punishable with correctional penalties - 18 hours

Cases punishable by inflictive penalties - 36 hours

If the prosecutor cannot complete the inquisition

within the prescribed period, then the person must be
released; otherwise, a course of action based on illegal
detention period arises
 Third Pillar of CJS: Court
===========================================
=

The word court is derived from the Latin terms co

meaning "together" and hortus,meaning "garden" or "yard."
Later in history, the domiciles of emperors, kings,dukes,and
other nobles were also referred to as courts,e.g.,the court of
the king of England, the court of the queen of Spain,and so
on. The business of resolving disputes and adjudging the
guilt or innocence of the accused is held in a court.

A court is a government institution that decides a

case according to the existing laws or the laws of the land. It
adjudicates legal disputes between citizens, or between the
citizens and the government. The basic function of a court
in criminal cases is to determine the guilt or innocence of
the person accused of crime and to impose punishment on
those found guilty.
 A court is a government body officially assembled
under the 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 organ of
the government belonging to the judicial department.

The courts that interpret and apply the law are

collectively known as the judiciary

Functions of the Court

1. Keeping peace

2 Deciding controversies

3. Administrative role

General Functions Of The Courts In Relation Of The

CJS:

1. To protect the right of the accused - the courts are

responsible for reviewing the action of law enforcement
agencies to ensure that the police have not violated the
rights of the accused.

2. To determine by all legal means whether a person is

guilty if a crime - review all the evidences presented by
the police to determine its relevance and admissibility in
accordance with the constitution and the rules of
courts;

3. To dispose properly the background of the accused

and the circumstance of the crime.

4. To protect the society - after the accused has been

found guilty, the court may determine if the
offender should be removed from society and
incarcerated in order to protect the safety of life and
property and this is specially in case of probation.

5. To prevent and reduce criminal behavior - this is the

task properly imposing the proper penalty and
sanctions that will serve to deter the future criminal acts
by the offender an also serve as an example and
deterrent to others who could commit criminal acts or
threaten public safety.

Importance Of The Courts In The Administration Of

CJS:

Because the court is the final arbiter of jail disputes

involving violations of criminal law. Basic is the principle in
law that we are government of law and that no one should
put the law into one’s own hand. Otherwise, our society will
be one where chaos anarchy reign supreme.

Different Courts;

1. Municipal trial court/municipal circuit trial

court/metropolitan trail court Original jurisdiction; (a) all
violations of city and municipal ordinances, (b) all
offenses punishable with imprisonment not exceeding six
(6) years irrespective of the amount of fine, © damage to
property through criminal negligence;

2. Regional trial court (RTC)

Original jurisdiction: (a) those which carry the
penalties exceeding six (6) years of imprisonment, (b) those
covered by the jurisdiction of the Sandiganbayan.

3. Sandiganbayan
Original jurisdiction: violations of RA 3019 (anti-graft
and corrupt practices Act), RA 1379, ad chapter II, section
2 title VII, of book II of the RPC
1. Officials of the executive branch of the
government occupying the positions of
regional director and higher,otherwise
classified as Grade 27 and higher.
2. Philippine Army and air force colonels, naval
captain and all officers of higher rank
 3. Officer of the PNMP (provincial director and
those holding the rank of senior
superintendent or higher

4. Court of appeals. - is the second highest court in the

Philippines
Appellate jurisdiction: decisions or judgement of the
RTC

5. Supreme court- is the highest court in the Philippines. It

is a constitutional court created by a direct provision of the
Constitution.

Appellate jurisdiction: decisions or judgement of the

CA and the Sandiganbayan.

Court Jurisdiction

Jurisdiction is the power to try and decide, or hear

determine a crime.

1. General- empowered to decide all disputes which may

come before it, except those assigned to other courts

2. Limited - authority to hear and determine only a few

specified cases

3. Original - try and decide a case for the first time.

4. Appellate - take a case already lead and decide by a

lower court remove from it by appeal.

5. Exclusive - try and decide a case which cannot be

presented before any court

6. Concurrent - two or more court any take cervical of

case.

7. Criminal - it exists for the present of crime

8. Civil - it exists when the subject matter is not a
criminal offense.

Jurisdiction and Venue

Jurisdiction is the power and authority of the court to

hear, try, and decide a case. It is also the power to enforce
or execute its judgments or final orders. Jurisdiction of a
court over the subject matter of a case is conferred by law.

Venue refers to the place or the geographical area, where

the action is to be filed and tried.

Delegated jurisdiction - The power to hear and determine

cases by authority of court vested by original jurisdiction
over the case delegated.

Territorial jurisdiction - The power to hear and decide

case falling within territorial limit

Stages In Criminal Proceedings

1. Police investigation
The first stage pertains to police activities that is the
initial investigation of crimes reported or discovered by
police authorities. These results, to the following:
A. Arrest with warrant
B. Warrantless arrest
C. Custodial investigation

2. Preliminary investigation
The stage, which the public prosecutor evaluates the
finding of the police to determine if the prosecution of
the suspect in court is warranted.

3. Criminal action proper

Upon filing a complaint with the public prosecutor for
preliminary investigation of offenses under the
jurisdiction of RTC, a criminal action sis deemed instituted
under the law. This includes the ff:
 A.Warrant of arrest
B.Arraignment
C.Pre - trial
D.Trial
E.Judgement
F.Execution

If the appeal of the convicted accused is unsuccessful

and his conviction is offered, the case will be remanded to
court of origin for the execution of judgement.
* remedies for the convicted accused

1. Motion for new trial or reconsideration

2. Appeal

Court’s exercise of discretion:

A. To set bail or set conditions for the release of the

accused;

B. To rule on the procedural matters as raised by the

defendant or the prosecutor during the trial;

C. To impose sentence or not;

D. To convict or to acquit the accused;

E. To revoke probation or suspended sentence.

Two fold Role of the Court

The court has a twofold role in the dispensation of

justice, as a participant and a superior. In its capacity as
participant, the court must decide the culpability or
innocence of the accused after a careful examination of the
records or the case after its trial on the merit. As a superior,
the court has a noble mission as a protector of human
rights.

Jurisdiction Over the Person of the Accused

A person accused of committing a crime is brought to

court either by a valid warrant of arrest or by voluntary
submission to the jurisdiction of the court, either by filing a
motion to quash the information against him, appearing for
arraignment, or by participating in the trial or by giving bail.

During the preliminary investigation, the person

accused of a crime is given a subpoena.

A subpoena is an order to appear and testify at the

hearing or trial of an action, or at any investigation
conducted by competent authority. It is either a subpoena
ad testificandum (the person who will appear to attend and
testify or the subpoenaed) or subpoena duces tecum (a
person is required to bring with him books, documents, or
other things).

A subpoena is different from a summon. A summon is

a writ of the court by which the defendant is notified of the
action brought against him. It is an order to answer a
complaint. A subpoena is an order to appear and testify.

Bail and Recognizance

A person who is under legal custody, arrested, or

deprived of his liberty can be released from jail or detention,
subjecting to some rules. This right flows from the
presumption of innocence in favor of every person accused
of a crime who should not be subjected to the loss of
freedom.

The two ways of releasing the accused are through bail

and through recognizance.

Bail is the security given for the release of a peršon in

custody of law, furnished by him or a bondsman,
conditioned upon his appearance before any court as
required under conditions hereinafter specified. Bail may be
given in the form of corporate surety, property bonds, cash
deposit, or recognizance.(Section 1,Rule 114)

Whenever allowed by law or the Rules of Court, the

court may release a person in custody on his own
recognizance or that of a responsible person. Recognizance
refers to an obligation of record, entered into before some
court or officer with a condition to do some particular acts,
In criminal cases, the condition is the appearance of the
accused on trial.

A person can be released without bail but in

recognizance of another when the person has been in
custody for a period equal to or more than the possible
maximum imprisonment prescribed for the offense charged.
He can be released also and placed under the custody and
subject to the authority of a responsible citizen in the
community, when he is charged with violation of a
municipal/city ordinance, a light felony and/or criminal
offense, the prescribed penalty for which is not higher than
six (6) months imprisonment and/or a fine of Two Hundred
pesos (200.00) or both.

A preventive detention is an imprisonment that allows

judges to hold the accused inside the jail who could not
afford bail. This kind of imprisonment is not imposed as the
punishment for a crime but in order to prevent the prisoner
from doing a possible harm.

Judgment and Appeal

Judgment is the adjudication by the court that the

accused is guilty of the offense charged, and the imposition
of the proper penalty and civil liability provided for by law
on the accused. It must be written in the official language,
personally and directly prepared by the judge and signed by
him and shall contain clearly and distinctly a statement of
the facts and the law upon which is based.
 Since the finality of a judgment has the effect of ending
the litigation, an aggrieved party may then appeal from the
judgment.

Appeal is a remedy available to an accused to obtain

reversal or modification of judgment on the merits of the
case, including error of the court for rendering judgment for
lack of jurisdiction over the subject matter or grave abuse of
discretior in the findings of facts or of law set out in the
decision.

Who has the right to appeal?

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

Promulgation of judgment

The judgment is promulgated by reading it in the

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

Weight of the evidence required in order to convict the

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

A judgment is final when it is no longer appealable

and is already capable o being executed because the period
of appeal has elapsed without the party having perfected an
appeal.

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

Fourth Pillar of CIS: Correctional

Institution

From the Beginning to the Eighteenth Century

Equating corrections with a prison system is

common. However, such an equation is neither accurate
today, nor was it ever accurate in the past. Nomadic
people had no prisons, because buildings could not be
carried on the trek. Yet, nomadic people did have means
of correcting or punishing offenders. The Romans, once
nomads, did not use prisons for punishment even after
they settled and built the city and state of Rome. Roman
criminals were punished primarily by being sentenced
to hard labor for a specified period of time or for life. The
Romans also imposed capital punishment of various
forms for very serious crimes that offended not only the
Roman state but also the gods. Prisons were simply
places of detention for offenders awaiting trial or for
criminals to be transported to the place where their
sentence was to be carried out.

Corrections

After conviction and sentencing, the offenders

enter the correctional system. Corrections is a branch
of administration of criminal justice System charged
with the responsibility for the custody, supervision, and
rehabilitation of a convicted offender.
Correctional refers to the institution in which the
convicted person serves his final judgment.

Kinds of Corrections

Corrections is either community-based or

institutional- based.

Community-based corrections comprises all

correctional activities that take place outside the
institution and includes probation, parole, and other
programs outside the prison walls.

Institutional-based corrections,on the other hand,

refers to those agencies and institutions responsible
for maintaining physical custody of an offender and
includes juvenile halls, camps, and prison.

What are the principles observed governing the

administration of prisoners/detainees of the
Philippines?

1. No procedure or system of corrections shall deprive

any offender of hope and the possibility of his ultimate
return to full responsible membership in society.

2. The offender should be considered innocent until

guilt has been established by court.

3. Maintenance of human dignity, preservation of

health, and respect of religious belief shall be
observed.

4. Members of the custodial force shall set a good

example of reform persons.

5. Jail personnel should avoid the use of abusive and

indecent language to prisoner.

6. No jail personnel shall use force, except in legitimate

self- defense.
7. No penalty shall be imposed, except in accordance
with the duly adopted disciplinary procedure.

8. No cruel, inhuman or degrading and corporal

punishment shall be employed as correctional
measures.

9. Members of the custodial force must understand

that the prisoner needs treatment and counseling.

Contemporary forms of Corrections

1. Diversion - diversions is the temporary and

conditional suspension of the prosecution
of a case prior to its adjudication, usually as
the result of an arrangement between prosecutor
and the judge.

2. Probation - non-diverted criminal case that is

prosecuted results in either convictions or
acquittals

3. Parole - parole is the early conditional release of

inmates from prison after they service a portion
of the original sentence.

4. Intermediate sentence - intermediate punishments

are sanctions ranging between incarceration
and standard probation.

5.Community-Based - it involves the administrative

monitoring of probation in their own communities,
and it is sometimes termed a Community Based
Connection Program.

Alternative forms of Corrections

1.Work-release programs
2.Furlough
3.Halfway
4.Graduated release
Clients of the corrections pillar
1. Jail inmates are the felons and the misdemeanants,
the first time and the repeater, the adult and
juveniles, the accused and the convicted.

2. Female offenders

3. Male offenders

4. Juvenile delinquents

5. Special category of offenders -s those unfortunate the

mentally disordered used to scorned and banned,
but in more enlightened times backwoods, fortresses
can be built for them, presumable to protect the
society from confusions.

General functions of Corrections in relation to the

Administrations of CJS

1. To maintain the institutions - the correctional

component is responsible for maintaining prisons, jails
and other institutional facilities to receive
convicted offenders sentence periods of
incarceration.

2. To protect law abiding members of society -

corrections custody and security in order to keep
sentenced offenders removed from the free
wold so that they cannot commit further crimes on
society.

3. To reform offenders - it is responsible for developing

and providing services to assist incarcerated offenders
to reform and assist them in returning to society and
in leading a non-criminal life after his/her release.

4. To deter crimes - it is responsible for encouraging

incarcerated and potential offenders to lead law-
abiding lives the experience of incarceration and the
denial of freedom to live in a free society.

Bureau of Corrections and the Bureau of Jail

Management and Penology

Bureau of Corrections (BuCor)is part of the

Department of Justice headed by a Director under the
Secretary of Justice, which is tasked with the
rehabilitation of prisoners serving longer sentences in
correctional institutions.

The bureau maintains the National Penitentiary

and other penal colonies in the country, and devises
and structures programs for the reform and
rehabilitation of prisoners, making them productive
members of the society upon their release.

Seven Correctional Facilities Under the Supervision

and Control of the Bureau

1. National Penitentiary-New Bilibid

Prison(Muntinlupa City)

2. National Corrections for Women -Correctional

Institution for Women (Mandaluyong City, Metro
Manila)

3. Davao Prison and Penal Farm (Panabo, Davao City)

4. San Ramon Prison and Penal Farm (Zamboanga

City)

5. Iwahig Prison and Penal Farm, also known as

"Bilangguang Walang Rehas"
 - the best penal colony in the world (Puerto
Princesa,Palawan)

5. Sablayan Prison and Penal Farm (San Jose,

Occidental Mindoro)

6. Leyte Regional Prison(Abuyog,Leyte)

Bureau of Jail Management and Penology (BJMP)

is part of the Department of Interior and Local
Government (DILG) which manages the local jails. Jails
are supervised by a warden in charge of detention
prisoners.

Besides BuCor and BJMP, other agencies

responsible for institutional corrections are as follows:
Parole and Probation Administration, Board of Pardon
and Parole,
Provincial Rehabilitation Center,City/Municipal
Rehabilitation Center,and Regional Youth Rehabilitation
Center.

Purposes of Corrections and Sentencing

A suitable mode of thinking when it comes to

corrections and sentencing is in terms of purpose.What
do corrections and sentencing serve the offender?

1. Deterrence-preventive effect,actual or threatened

punishment of offenders has an effect
upon potential offenders.
2. Rehabilitation - the process of helping the criminals
adjust to society;it reduces future criminality
by administering some types of treatment
under the supervision of correction agents.

3. Reintegration- the process in which the offender is

assisted to strive hard to face the forces
in the society or community where he will be
joining upon his release from jail

4. Isolation of Prisoner - means that the offenders are

confined, not for what they have done,
but for what they might do in the future.

5. Punishment -an act in which an accused is

penalized to let him realize that crime does not
pay.

Forms of Penalties in the Philippine Criminal

Justice System

The penalties prescribed for the commutation of

crimes under the Philippine Criminal Justice System
are provided for in the particular law which define
them.

The general forms of punishment recognized under

Philippine criminal law are set forth in the Revised Penal
Code and special laws, The principal penalties that may
be imposed upon the lawbreaker are as follows:

1. Death or judicial execution by virtue of RA 7659

which has been abolished in 2006

2. Imprisonment,which is the traditional form of

punishment all over the world;

3. Destierro (or exile);

4. Accessory penalties that include civil interdiction

and disqualifications;

5. Public censure;

6. Fines and forfeiture;

7. Community Service: A new form of criminal penalty
imposed by RA 9208 for those who hire the service of a
prostitute; and

8. Diversion under RA 9344 or the Juvenile Justice

Welfare Act of 2006.

Corporal punishment is prohibited in the penal

system, Corporal punishment is physical injury inflicted
on the body of a prisoner particularly on one convicted
of a crime.

Penalties and Their Periods Under the Revised Penal

Code
The penalty of imprisonment has been divided and
put in order according to the length of their periods.
These are:
1. Reclusion Perpetua - 20 years and one day to 40
years;

2. Reclusion Temporal - 12 years and one day to 20

years;

3. Prision Mayor- 6 years and one day to 12 years;

4. Prision Correccional or Destierro - 6 months and

one day to 6 years;

5. Arresto Mayor - 1 month and one day to 6 months;

and

6. Arresto Menor - 1 day to 30 days.

Basic Needs of Prisoners/Offenders:

1. The provisions for basic physiology needs as the first

consideration before any effective rehabilitation or
treatment program can be undertaken:

2. These basic human needs are; food, clothing, shelter,

water, lighting, and soap;
3. Food Services:

a. There shall be mess service unit in every jail

which is responsible for the daily preparation,
handling, and delivery of food to prisoners/
detainees,

b. The Unit shall be responsible for the daily

allocation of ration to prisoners/detainees based
on an accurate body account,

c. It shall coordinate with the custodial force in

the supervisions of food so with that the equitable
custodial distribution is maintained,

d. The food rations for distribution shall not be

taken out from the mess hall or designate
eating places unless permission is granted
by or competent authority.

e. An inspection team shall supervise the

preparation of food and contribution of food to
prisoners/ detainees.

f. Special menu shall be allowed for inmates

undergoing medical treatment.

4. Shelter or living space:

a. Each prisoner shall, upon admission to the jail,

be assigned in a cell where he is given a bunk or
a steel/wooden bed, mat, pillow, blanket and
mosquito net; and

b. Each prisoner/detainee shall keep his

immediate vicinity clean and sanitary at
all times.

5. Health Services:
Purpose

To change offenders' pattern of criminal behavior

and reform them into law-abiding and productive
citizens through the implementation of rehabilitation
programs in jails.

Treatment Program

The treatment of offenders shall be focused on the

provisions services designed to encourage them to
return to the fold of justice and enhance their self-
respect, dignity and sense of responsible as follows:

a. Provisions for basic needs of offenders;

b. Medical and dental service;

c. Education and skills training

d. Religious service, guidance and counseling service;

e. Recreation, sports and entertainment;

f. Work programs, such as livelihood projects;

g. Visitation service; and

h. Mail Services.

Privileges of Detainees and Sentenced Prisoner

1. To wear their own clothes wile in confinement;

2. To write letters, subject to reasonable censorship,

provided expenses shall be borne by them

3. To receive visitors during daytime but visiting

privileges may be denied in accordance with the rules
and whenever public safety so requires. Moreover,
visitors are prohibited from entering cells/ brigades
and physical contact between visitors and inmate is
absolutely prohibited

4. To receive books, letters, magazines, newspapers and

other periodicals that the jail authorities may
allow;

5. To be treated by the Bureau's Health Services

Personnel or by their own doctor and dentist at their
own expense upon proper application and approval;

6. To be treated in a government or private hospital,

provided it is authorized by the court at their own
expense;

7. To request free legal aid if available and enjoy the

right to be visited by their council any time;

8. To grow hair in their customary style, provided it is

decent and allowed by the rules;

9. To receive fruits and prepare food, subject to

inspection and conformity by the jail official;

10. To smoke cigars and cigarettes, except in prohibited

places;

11. To read books and other reading materials available

in the jail library;

12. To maintain cleanliness in their cells and brigades

or jail premises; and

13. To perform such other work as may be necessary for

hygienic and sanitary purpose. Except for
the wearing of prescribed prisoner's uniform, all the
privileges of the detainees mentioned in section 1
above maybe enjoy by sentenced prisoners.
Different Terminologies Used In Corrections

Amnesty - a general pardon for offense against a

government primarily in case where whole
groups,classes,or sects are involved.

Commitment Order- a writer order of court of

authority consigning a person to jail or prison for
detention.

Contraband - anything that enter the jail in violation of

its rules which an inmates is prohibited to possess

Degree of Custody - the extent of safe keeping or

charge necessary for a person in confinement. It is
classified as:

a. Super Security Prisoner -This is a special group

of prisoners composed of incorrigible,intractable,and
dangerous persons who are so difficult to manage
that they are the source of constant disturbance even
in maximum institution;

b. Maximum Security Prisoners -This group

consists of chronic troublemakers but not as
dangerous as the super security prisoners

c. Medium Security Prisoners-These are the

prisoners who may be allowed to work outside the
fence of the institution under guard escorts; and

d. Minimum Security Prisoners - Prisoners who

can already be trusted to report to their places of
work assignment without the presence of guards
belong in this group. They are free to move around
subject only to curfew hours during nighttime.

Detainee - a person who is detained for violation of law

or ordinance and has not yet been convicted.
Escape-prone Prisoner - a prisoner having natural
inclination to evade custody against the will of the
custodian or from the place where he is held in lawful
custody or confinement.

Good Conduct Time Allowance (GCTA) - a reward for

good conduct whereby a prisoner receives partial
remission or reduction of his prison sentence.

Jail - a place of confinement for persons awaiting court

action and the convicted offenders serving short
sentences.

Lock-up Jail - a security facility, operated by police

units for its temporary detention of person held for
investigation.

Mittimus - a warrant issued by a court bearing its seal

and the signature of the judge directing the jail or
prison authorities to receive the convicted offender for
service of sentence imposed therein.

Pardon - an act of grace and sovereign power inherent

in the State, which exempts the individual from
punishment that the law imposes for his crime. Pardon
may be granted by the President of the Republic to an
inmate or prisoner who has
an exemplary and outstanding performance in prison
while serving his/her sentence and is willing to reform
and go back to the mainstream of the society.

Parole - the conditional release of a person from

jail/prison prior to the full service of his sentence on his
own recognizance.

Penology - a branch of criminology which deals with

prison management and the treatment of offenders
especially with regard to their rehabilitation.

Prisoner- a person confined in jail/prison to serve a

sentence after conviction by a competent court of
authority.
Probation - the most common correctional treatment. It
is a legal disposition that allows the convicted offender
to remain in the community, subject to condition
imposed by court under the supervision of a probation
officer.

Proselytizing - converting or inducing another to

change his religious belief, sect, or the like, to another.

Reformation - the act of restoring to a good condition,

reestablishing good refutes or accepting respectability,
restoring a detainee to formal standing mark, rights; or
privileges of inmates.

Safekeeping- temporary custody of a person or the

detention of person for his own protection or care to
secure from liability, harm, injury, or danger.

Sentence Prisoners - a person who is convicted by a

final judgment and classified as follows:

a. Insular Prisoner- a person who is sentenced to a

prison term of over three (3) years or to pay a fine of
more than 1,000.00 or both fine and imprisonment.

b. City Prisoner - a person who is sentenced to serve

imprisonment for not more than three (3) years or to pay
a fine of not more than 1,000.00 or both. fine and
imprisonment.

c. Municipal Prisoner - a person who is sentenced to

serve imprisonment for not more than six (6) months.

Fifth Pillar of CJS: Community

After the convict have passed through the
convicted component - either unconditionally, or by
parole, the criminal offenders will go back to community
and either lead normal lives as law abiding citizen, or
regrettably, commit other crimes and thus go back
through the same process and stages of the criminal
justice system.

The community usually refers to a sociological

group in a large place or members of the society
collectively showing one common environment.

The prevention and control of crime is not the only

role duty and responsibility of the

Government, particularly the first four components

of the criminal justice system it is as well duty and
responsibility of the society and every member of the
community, as the old saying says, that an “ounce of
prevention is worth a pound of cure”, is true in medicine
as well in realm on crime.

- the community is understood to mean as

“elements that are mobilized energized to help
authorities in effectively addressing the law and order
concern of the citizenry.”

COMPRONENTS OF COMMUNITY

1. HOME/FAMILY

The home has well been called “the cradle of

human personality”. It refers to basic social group
united though 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 delinquent.
Intact, the kind of conscience that a child develops
depends largely upon the kind of parents that he has.
These are the persons who give the child love, attention,
guidance, security, standard and all other thing the
child needs.

2. THE SCHOOL
 The second integral stage of the
behavioral/social development process is the school. It
is said that the school in an extension of the home
having the strategic position to control crime and
delinquency. The teachers are considered second parent
having the responsibility to mold the child to become
productive member of the community by devoting
energies to study the child’s behavior using all available
scientific mean and devices in an attempt to provide
each kind and amount of education they need.

3. CHURCH

It is acknowledging fact that the importance of the

church in the prevention and control of is far beyond
compare. The church is the institution that provides a
place for public worship and the service needed to
enhance the spiritual and moral characters of an in
divided. The church influence people’s behavior with the
emphasis on morals and life’s highest spiritual values,
the worth and dignity of the individual, and respect for
lives & properties. The church generates a strong will of
the people to oppose crime and delinquency.

4. MASS MEDIA

With the modern trends of communication, mass

media is the best institution for information
dissemination thereby giving an opportunity to the
public to know the necessary fact of life that help them
shape their daily views about crime and its control. It is
through mass media where the public opinions are
formed and that is where their influence lies.

5. NON - GOVERNMEN ORGANIZATION

These are group of concerned individuals

responsible for helping the government pursue the
community development. They serve as partners of
government institution in provides common services for
public good and welfare, thus preventing criminality and
maintaining peace and order.
 The community has a significant role to assume in
all the phases of judicial involvement of offender as well
as the protection process: the prevention of abuse,
cruelty, discrimination and exploitation, assistance of
offenders who enter the criminal justice system, and the
acceptance of the offenders upon his reintegration into
the community, after he goes out of correctional.

The community, as one of the pillars of criminal

justice system, refers to institutions, government, and
non-government agencies and people's organizations
that provide care and assistance to the victims or
offended party, during and after
the onset of a victims' rights case.

Role of the Community

The primary role of the community is to accept an

individual for treatment and continuous rehabilitation
by way of giving the ex-convict another chance to live in
the community as a free and normal citizen.

Members of the community are mobilized and

energized to help the authorities in effectively
addressing the law and order concerns of the citizenry.
A mobilized community means the involvement of
people's organizations, non-government organizations
(NGOs), Department of Social Welfare and Development
(DSWD). National Economic Development Authority
(NEDA), Bureau of Local Government
Supervision (BLGS), Philippine Public Safety College
(PPSC),Dangerous Drugs Board (DDB),Public Assistance
Reaction Against Crime (PARAC), and other government
institutions are geared toward the promotion of
socioeconomic welfare.

Barangay Justice System

During the pre-Spanish times, disputes were

referred to a datu or to a wise,elder man, and he had to
settle them peacefully among his men. Procedures
adopted we conciliation and arbitration. When a dispute
was brought to the datu for judgment, h first move was
to convince the disputants (both parties) to settle their
conflict both their own satisfaction. If conciliation fails,
a formal hearing is held.

PD 1508

On June 10, 1978, Presidential Decree No. 1508

(PD 1508) was promulgated establishing a system of
amicably settling disputes at the barangay level, with
resort to judicial or court intervention. The law seeks to
promote, among others, the speedy administration of
justice, by providing all avenues to an amicable
settlement thereby reducing considerably the dockets in
our courts of justice

The seed of reform was formally germinated in

1976,when the late Chief Justice Fred Ruiz Castro
advocated the creation of "neighborhood paralegal
committee reminiscent of the pre-Spanish time that all
kinds of disputes were heard before the old men of the
district.He was considered as the "Father of the
Barangay Justice Lato."

On January 27,1978,Presidential Decree

No.1293(PD 1293) was promulgated, creating the
Presidential Katarungang Pambarangay Commission
which was charged with the task of studying the
feasibility of instituting a system of resolving disputes
among family and barangay members without resort to
the courts. It was thus a victory for the late Chief
Justice and proponent of this system, who was made
Chairman of the Commission.A few months later,the
draft submitted by this Commission was signed into
law.

This law established in every barangay a body

known as Lupong Tagapamayapa (Conciliation
Committee) with not more than twenty (20) members
from local residence.
1. Pangkat ng Tagapagkasundo - Arbitration panel with
three (3) members plus an alternate. Members
elect from among themselves the Chairman and
Secretary. The Barangay Captain will act as the
presiding officer during settling of disputes.

2. Lupong Tagapamayapa-An administrative agency of

Barangay Justice System with semi-judicial
functions. Its primary role is to amicably settle
certain classes of disputes without judicial
intervention like areglo.

Local Government Code of 1991

Republic Act 7160, otherwise known as the 1991

Local Government Code, mandates barangays to enforce
peace and order and provides support for the effective
enforcement of human rights and justice. This has
facilitated the recognition of the Katarungang
Pambarangay (Barangay Justice System) as an
alternative venue for the resolution of disputes.

Section 399(a) of RA 7610 has created in each barangay

a Lupong Tagapamayapa (Committee for
Peace),hereinafter referred to as the lupon. Lupon refers
to a group or pool of village residents picked and
appointed by the Barangay Captain. The Lupon is
composed of:

1. The Punong Barangay as chairman; and

2. Ten (10) to twenty (20) members.

Three (3) Principal Duties of a Lupon Chairman

1.To determine the number and qualifications of Lupon

members and to appoint them.

2. To settle disputes or cases among the members of the

barangay by conciliation or arbitration

3 To constitute the Pangkat ng Tagapagkasundo to

adjudicate a dispute in proper case
 The Pangkat ng Tagapagkasundo refers to the panel
of conciliators consisting.of three (3) members of the
Lupon. The three Lupon members who are to be
constituted a Pangkat are going to be chosen by the
contending parties to the dispute, Gection 404 9a,RA
7160)

Basic Purpose

The Katarungang Pambarangay is primarily aimed

at providing an instrument for amicably settling
disputes among members of the same barangay or
adjoining barangays,

Objectives of Katarungang Pambarangay

1. To speed up the administration of justice

2. To implement the Constitutional mandate and

develop Filipino culture

3. To perpetuate the time-honored tradition of settling

disputes amicably for the maintenance of peace
and harmony

3. To decongest dockets of minor criminal and civil

cases

Jurisdiction of the Katarungang Pambarangay

As a general rule, the Lupong Tagapamayapa of

each barangay "shall have authority to bring together
the parties actually residing in the same city or
municipality for amicable settlement of all disputes."

There are cases however that are best handled by

the regular courts. So we have exceptions to the general
rule above, which are:

Cases That Cannot Be Brought in a Barangay

Court(Section 408-RA7160)
(a) Where one party is the government or any
subdivision or instrumentality thereof;

(b) Where one party is a public officer or employee and

the dispute relates to the performance of his official
functions;

(c) Offenses punishable by imprisonment exceeding

one (1) year or a fine exceeding Five Thousand pesos
(5,000.00);

(d) Offenses where there is no private offended party;.

(e) Where the dispute involves real properties located

in different cities o municipalities unless the parties
thereto agree to submit their differences t amicable
settlement by an appropriate lupon;

(f) Disputes involving parties who actually reside in

barangays of different cities or municipalities,
except where such barangay units adjoin each other
and the parties agree to submit their differences to
amicable settlement by an appropriate lupon; and

(g) Such other classes of disputes which the President

may determine in the in the interest of justice or upon
the commendation of the secretary of justice.

Witness Protection

Members of the community are bound by duty to

identify the offenders, give data about the illegal
activities and cohorts of the criminals, and volunteer as
witnesses. The government seeks to encourage a person
who has witnessed or has knowledge of the commission
of a crime to testify before a court or quasi-judicial body
or before an investigating authority. A witness to crime
should be protected by the state fron reprisals and from
economic dislocation. It is the duty of the government to
adapt precautionary and remedial measures to diminish
the fear of witnessing in a criminal case.

Benefits of a witness under the Program "The

Witness Protection,Security and Benefit Act" or RA
6981

The benefits include the following:

1. Security protection and escort services

2. Immunity from criminal prosecution and not to be

subjected to any penalty or forfeiture for any
transaction, matter or thing concerning his compelled
testimony or books, documents or writings produced

3. Secure housing facility

4. Assistance in obtaining a means of livelihood

5. Reasonable traveling expenses and subsistence

allowance while acting as a witness

6. Free medical treatment, hospitalization, and

medicine for any injury or illness incurred or suffered
while acting as a witness

7. Burial benefits of not less than Ten Thousand pesos

(10,000.00) if the witness is killed because of his
participation in the witness protection program

8. Free education from primary to college level for the

minors or dependent children of a witness who dies or is
permanently incapacitated

9. Non-removal or demotion in work because of

absences due to his being a witness and payment of full
salary or wage while acting as witness
Police-Community Relations

The police must create a harmonious relationship

with the community. Two of the criminal justice system
pillars, the Police and the Community, should have an
effective partnership for crime prevention, peace and
order, and law enforcement.

While the community relies upon the police to “protect

and serve” them, the police, in return, rely upon
community support and cooperation in order to be
effective.

Police-community relations is the sum total of the

dealing of the police officers with the people they serve
and whose goodwill and cooperation they seek to ensure
the greatest possible efficiency in public service.

The Span of Police-Community Relations

1. The entire field of public information designed to

bridge any communication gap between the police and
the public

2 Public relations intended to maintain harmony and

mutual support between the police and the community

3 Mass communication for the purpose of conditioning

both the friendly and the hostile public, thereby
ensuring and facilitating the attainment of police
objectives

Pertinent Laws on Criminal Justice System

=======================================
I. POLICE/LAW ENFORCEMENT
II.
Two (2) Main Law Enforcement Agencies

Philippine National Police - is created by RA 6975 as

amended by RA 8551.
National Bureau Of Investigation - Created by RA 157
as amended by RA 2678 (Expanded the NBI as an
Investigative and a Research and Service Agency, and
established Regional Offices).

IA/CPSP (Integrated Area/Community Public

Safety Plan pursuant to Section 51. RA 6975) - It is
the blueprint for the protection of life and property in a
given locality geared toward the enhancement of
public safety and welfare. IA/CPSP embraces
priorities of action and programs for implementation
by local PNP Station.

Major Legislations Affecting the Police System

RA 4864 (Police Professionalization Law of 1966) - An

Act creating the Police Commission (Forerunner of the
present-day NAPOLCOM).

PD 765 (Police Integration Act of 1975)- Providing for

the Constitution of the Integrated National Police with
the Philippine Constabulary as Nucleus.

PD 1184 (Police Professionalization Law of 1977) - This

Law creates the PNPA.

RA 6975 (DILG Act of December 1990 commonly known

as “PNP Law") - “An Act Establishing the Philippine
National Police under a Reorganized Department of the
Interior and Local Government and other Purposes.”.

RA 8551 (PNP Reform Act of 1998) - “The Philippine

National Police Reform and Reorganization Act of 1998."

Other Sources

Task Force JERICHO -This is DILG's Anti-Gambling

Task Force, which is an intensification of PD 1602 (Anti-
Gambling Law).
Task Force SANGLAHI - This is PNP's Anti-Terrorism
Task Force.

PACER (Presidential Anti-Crime Emergency Response) -

This is the Presidential Anti- Kidnap Task Force.

Street Watch-This is a program designated to get the

community involvement in crime prevention and to
encourage them to with law enforcement. It involves the
organization of neighboring block in the barangay into a
street watch.

Emergency Hotline 117-This is a centrally manage

and secured central monitoring station provided by
Philippine Long Distance telephone (PLDT) and
operated by qualified PNP personnel,

a. EHL 117 - is equipped with caller ID system to

prevent prank call and ensure quick confirmation and
response for emergency calls

b. Emergencey Calls - is defined as call made in a

situation where a person's life or property is in danger
or being threatened, This can be used anytime when
one is in need of assistance particularly from the law
enforcement agency like the Philippine National Police,

C. Executive Order No.62 - An Act creating the

Philippine Center on Transnational Crime.

II. PROSECUTION PILLAR

RA 5180 - An Act Providing for the Uniform System of

Preliminary Investigation (as amended by PD 911).

RA 7438 - An Act Defining Rights of a Person Arrested,

Detained or Under Custodial Investigation as well as the
duties of the Arresting,Detaining,and Investigating
officers, and Providing Penalties for violation thereof.

RA 6981 - Witness Protection Security and Benefits Act

or Program under the Department of Justice
 III. COURT PILLAR

Section 1, Art VIII, 1987 Constitution - Judicial power

shall be vested in the Supreme Court.

Batas Pambansa (BP)129-Judiciary Ael of 1980

provides:.

1. Regular Courts
a. Supreme Court
b. Court of Appeals
c. Regional Trial Courts
d. Metropolitan Trial Courts/Municipal Circuit
Trial Court

2. Special Courts
a. Court of Tax Appeals
b. Sandiganbayan (PD 1606)

3 Quasi-Judicial' Agencies
A. National Labor Relations Commission (NLRC)
d. Commission on Election ( COMELEC)
c. Commission on Audit (COA)
d. Civil Service Commission (CSC)

IV. CORRECTIONS PILLAR

RA 9344 - The Juvenile Justice and Welfare Act of 2006

PD 603 - The Child and Youth Welfare Code

V. COMMUNITY PILLAR

References:

7. Criminal Justice system by Shirley S. Domingo

8. The Basics of the Philippine Criminal Justice System by
Nierme A. Capulso, Jr and Dennis J. Saluba
9. Introduction to Philippine Criminal Justice System by
Franchette Monique I. Abalde and Gerry J. Cañ o PhD
10. Correctional Administration 1 ( Institutional Based
Correction) Second Edition by C/Supt Merceds A
Foronda (Ret) DPA, PhD
11. LQC Review Materials
12. Center for Technical Professional Inc Review Materials