INTRODUCTION

TO
PHILIPPINE CRIMINAL
JUSTICE SYSTEM

Prepared by:

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 TABLE OF CONTENTS

Lesson 1 ........................................................................................................................ 4
Overview of the Criminal Justice System

Lesson 2 ...................................................................................................................... 11
The First Pillar: Law Enforcement

Lesson 3 ...................................................................................................................... 21
The Second Pillar: Prosecution

Lesson 4 ...................................................................................................................... 28
The Third Pillar: The Court

Lesson 5 ...................................................................................................................... 34
The Fourth Pillar: Correctional Institutions

Lesson 6 ...................................................................................................................... 40
The Fifth Pillar: The Community

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 Lesson 1 – Overview of the Criminal Justice System

At the end of this lesson you must be able to:

1. Know and understand the summary of Philippine criminal justice system;

2. Identify and explain the five (5) Pillars of criminal justice system; and
3. Determine and discuss the other study related to the criminal justice system.

INTRODUCTION

The criminal justice system, essentially, is the system or process in the community
by which crimes are investigated, and the persons suspected thereof are taken into
custody, prosecuted in court and punished, if found guilty, provisions being made for their
correction and rehabilitation.

Prior to the advent of American sovereignty in the country, we had the Spanish law
on criminal procedure. The Royal Decree of September 4, 1884, by virtue of which the
Penal Code in force in the archipelago, as amended in accordance with the
recommendations of the Code Committee, and its accompanying law— the Provisional
Law on Criminal Procedure—were published and applied in the Philippines pursuant to
the Royal Decree of December 17, 1884. It became effective four months after its
publication in the Gaceta de Manila. In addition, the compilation of the Laws of Criminal
Procedure of 1879 and the Law of Criminal Procedure of 1882 also formed part of our
law on the subject.

During the American occupation, General Otis issued General Orders No. 58 on
April 23, 1990, which was amended at various times. Some of the amendments were: Act
No. 194, providing for preliminary investigations; Act No. 440, relating to counsels de
officio; Act No. 590, providing for preliminary investigations by Justices of the Peace of
provincial capitals; Act No. 2677, prescribing the procedure of appeals of cases
originating in the Justice of the Peace Courts to the Supreme Court; Act No. 2709,
regarding the exclusion of an accused to be utilized as a government witness; and Act
No. 2886, changing the name of the party who should prosecute the criminal action from
that of “The United States” to “The People of the Philippines.”

The Philippine criminal justice system is composed of five parts or pillars, namely,
law enforcement, prosecution, judiciary, penology, and the community.

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https://www.slideserve.com/gusty/philippine-criminal-justice-system

OVERVIEW OF THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE

SYSTEM

The Law Enforcers

The institution of public policing is barely two centuries old, having been formalized
only during the rise of urbanization and industrialization in the western world. In
subsequent decades, however, private policing has increased in importance and,
therefore, in the number of personnel and budgetary allocation. One form of private
policing is the deployment of public uniformed personnel providing services “off duty” as
moonlighters.

The primary function of the national police is to patrol the highways, enforce the
law, and assist their local counterparts in investigations. Special service police, moreover,
provide law enforcement services in schools, terminals, and residential areas. Local

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police stations are, by far, the most common law enforcement agencies. While most are
run by city and municipal governments, they may also include specialized departments in
the areas of port, airport, or campus policing. National laws as well as ordinances are
enforced by the police (Hagan, 2005).

The Prosecution

Law enforcement is only the initial stage of the criminal justice system. Once an
arrest is made, the prosecutor decides whether to prosecute or not pursue (or even
“drop”) the case. If he/she decides to prosecute, then he/she finalizes the charges. After
doing so, the defendant pleads guilty or not guilty, and if he/she pleads guilty, the judge
holds a trial and, if the defendant is convicted, imposes a penalty. The prosecutor
represents the state and the victim, while the defense attorney represents the accused
(Hagan, 2005).

The Court

Since the Philippine court system is patterned after that of the U.S., Philippine
courts also base their decisions on precedents. Philippine courts also utilize an
adversarial system where the prosecutor and the defense attorney oppose each other
and defend their respective clients. The Philippine judicial system consists of the lower
courts, special courts, and an appellate court. The Supreme court is the court of last resort
and the final arbiter of the law.

The Philippine Correctional System

The Philippine correctional system which has jurisdiction over all jails and detection
facilities nationwide plays an important role in the criminal justice system. It is composed
of six agencies under three departments, namely the Department of Justice which
controls national detention facilities, the Department of Social Welfare and Development
which manages juvenile detention facilities for the rehabilitation of youth offenders, and
the Department of the Interior and Local Government which regulates municipal, city,
district, and provincial jails.

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The Community

The last pillar of the Philippine criminal justice system is the community. The
community greatly affects the criminal justice system because it influences the
environment of the citizens. Composed of both governmental and non-governmental
organizations, the community is tasked with welcoming the former offender back to
society and encouraging him/her to return to a normal life. Thus, temptations which may
impel the offender to commit another crime in the future are also minimized, if not
eliminated.

CRIME AND CRIMINAL LAW

Crime is an act or omission in violation of law. Criminal law, on the other hand, is
that branch or division of the law which “defines crimes, treats of their nature, and provides
for their punishment.”

SOURCES OF PHILIPPINE CRIMINAL LAW

1. Revised Penal Code (RPC) (otherwise known as Act No. 3815). It is the
codifications of the various criminal laws in the Philippines which were basically derived
from the Spanish Penal Code, revised under the American Colonization that is why it is
called “the Revised Penal Code”. It was signed into law on December 8, 1930 and took
effect only on January 1, 1932.
It is consist of two books. The books 1 which consists of five titles that sets the
foundation of criminal law and the Book 2, consisting of fifteen titles which provides for
the specific felonies classified according to their titles.

2. Special Penal Laws – laws enacted by the Congress in its exercise of legislative
powers such as BP, Act No., Comm Acts, R.A. and those created by virtue of an
executive fiat like P.D. and E.O.
3. Local Ordinances – City, Provincial and Municipal Ordinance which provides for
punishment for violation of their provisions.

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HISTORY OF THE REVISED PENAL CODE
The Revised Penal Code supplanted the Spanish Código Penal, which was in
force in the Philippines (then a colony of the Spanish Empire up to 1898) from 1886 to
1930, after a failed attempt in to be implented in 1877. The new Code was drafted by a
committee created in 1927, and headed by Judge Anacleto Díaz, who never it would later
serve on the Supreme Court. Rather than engage in a wholesale codification of all penal
laws in the Philippines, the committee instead revised the old Penal Code and included
all other penal laws only insofar as they related to the Penal Code.

The Revised Penal Code

It is consist of two books. The books 1 which consists of five titles that sets the
foundation of criminal law and the Book 2, consisting of fifteen titles which provides for
the specific felonies classified according to their titles. In summary, the following are the
titles of the Revised Penal Code:

BOOK 1

• Title 1 – Felonies and Circumstances which affect criminal liability (Arts. 3 to 15)
• Title 2 – Persons criminally liable for felonies (Arts. 16 to 20)
• Title 3 - P E N A L T I E S (Arts. 21 to 88)
• Title 4 – Extinction of Criminal Liability ( Arts. 89 – 99)
• Title 5 – Civil Liability (Arts. 100- 113)

BOOK 2

• Title 1 – Crimes against National Security & Law of Nation (Art 114- 123)
• Title 2 – Crimes Against Fundamental Law of the State (Art 124- 133)
• Title 3 – Crimes Against Public Order (Art 134 -
• Title 4 – Crimes Against Public Interest
• Title 5 – Crimes Related to Opium……
• Title 6 – Crimes Against Public Moral
• Title 7 – Crimes Committed by Public Officer
• Title 8 – Crimes Against Person (Art 246 – 266-(A-D)
• Title 9 – Crimes Against personal Liberty & Security (Art 267 -
• Title 10 – Crimes Against Property (Art 293 – Art 332)
• Title 11 – Crimes Against Chastity (Art 333 -

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 • Title 12 – Crimes Against Civil Status
• Title 13 – Crimes Against Honor
• Title 14 – Quasi Offenses (Art 365)
• Title 15 – Final Provisions (Art 366-367)

THEORIES OF CRIMINAL LAW

The table below is a summary distinction between the two known theories of
criminal law which later on combined and became the basis of the Philippine Criminal law
settings:

Classical Theory Positivist Theory

Man have free will (Rationale The sum totality of social, economic and
Being) natural factors.

Purpose of Punishment is Prevention and Correction are the

retribution purposes of penalty

There is scant regard to human This theory is exemplified in the

element. provisions regarding impossible crimes
RPC is generally governed by this. and habitual delinquency.

Eclectic or Mixed Theory

= combination of positivist and classical thinking wherein crimes that are
economic and social in nature should be dealt in a positive manner, thus, the
law is more compassionate.

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Activity # 1
Write an essay about the nature of the Philippine criminal justice system.

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 Lesson 2 – The First Pillar: Law Enforcement

At the end of this lesson you must be able to:

1. Know the history of the law enforcement;

2. Explain the importance of law enforcement; and
3. Determine and discuss the functions of PNP and other law enforcement agencies
in the Philippines.

Brief History of the Philippine Policing System

The institution of police in the Philippines formally started during the Spanish
period. The establishment of the police force was not entirely intended for crime
prevention or peacekeeping. Rather, it was created as an extension of the colonial
military establishment.

Ancient Roots

The forerunner of the contemporary police system was the practice of barangay
chieftains to select able-bodied young men to protect their barangay during the night
and was not required to work in the fields during daytime. Among the duties of those
selected were to protect the properties of the people in the barangay and protect their
crops and livestock from wild animals.

Spanish Period

• Carabineros de Seguridad Publica – organized in 1712 for the purpose of

carrying the regulations of the Department of State; this was armed and
considered as the mounted police; years after, this kind of police organization
discharged the duties of a port, harbor and river police
• Guardrilleros – this was a body of rural police organized in each town and
established by the Royal Decree of 18 January 1836; this decree provided that
5% of the able-bodied male inhabitants of each province were to be enlisted in
this police organization for three years.

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 • Guardia Civil – this was created by a Royal Decree issued by the Crown on 12
February 1852 to partially relieve the Spanish Peninsular troops of their work in
policing towns; it consisted of a body of Filipino policemen organized originally in
each of the provincial capitals of the central provinces of Luzon under the Alcalde
Mayor
• American Period – The Americans established the United States Philippine
Commission headed by General Howard Taft as its first governor-general. On
January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant
to Act No 70 of the Taft Commission. This has become the basis for the
celebration of the anniversary of the Manila’s Finest every January 9th.
• Act No 175 – entitled “An Act Providing for the Organization and Government of
an Insular Constabulary”, enacted on July 18, 1901.
• Act No 183 – Creation of the Manila Police Department (MPD), July 31, 1901.
• Act No 255 – the act that renamed the Insular Constabulary into Philippine
Constabulary, enacted on October 3, 1901
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• Executive Order 389 – ordered that the Philippine Constabulary be one of the
four services of the Armed Forces of the Philippines, enacted on December 23,
1940.

Post-American Period

RA 4864 – otherwise known as the Police Professionalization Act of 1966,

enacted on September 8, 1966; created the Police Commission (POLCOM) as a
supervisory agency to oversee the training and professionalization of the local police
forces under the Office of the President; later POLCOM was renamed into National
Police Commission (NAPOLCOM).

Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975, enacted on August 8,

1975; established the Integrated National Police (INP) composed of the Philippine
Constabulary (PC) as the nucleus and the integrated local police forces as components,
under the Ministry of National Defense transferred the NAPOLCOM from the Office of
the President to the Ministry of National Defense.

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P.D. 421 – Integration of City/municipal Police Forces, Jail and Fire Department within
the greater Manila, March 21, 1974.

P.D. 482 – Integration of City/Municipal Police, Jail and Fire Department in certain
Provinces, June 13, 1974.

P.D. 531 – Integration of Police, Fire and Jails in other provinces, August 8, 1974.

P.D. 641 – Integration of Police, Fire & jails in provinces/Cities not covered by previous
police integration decrees, January 21, 1975.

Post Martial Law Regime

• Executive Order No 1012 – transferred to the city and municipal government the
operational supervision and direction over all INP units assigned within their
locality.
• Executive Order No 1040 – transferred the administrative control and supervision
of the INP from the Ministry of National Defense to the National Police
Commission.

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

RA 8551 – otherwise known as the Philippine National Police Reform and

Reorganization Act of 1998, enacted on February 25, 1998; this law amended certain
provisions of RA 6975.

R.A. 9708 = Amending the provisions of R.A. 6975 and R.A. 8551 on the minimum
educational qualifications for appointment to the PNP and adjusting the promotion
system, August 12, 2009.

PHILLIPINE NATIONAL POLICE

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 • Organized pursuant to RA 6975, as amended by RA 8551 and further amended
by R.A. 9708.
• A law enforcement agency under the operational control of the Department of the
Interior and Local Government and administrative supervision of the National
Police Commission
• It is an organization that is national in scope and civilian in character
• Headed by the Chief, PNP, with the rank of Director General

Art 16, Sec 6, 1987 Phil. Constitution– There should only be one police force that
is national in scope and civilian in character to be administer by the National Police
Commission.

OBJECTIVES OF LAW ENFORCEMENT/POLICE

1. Crime prevention – the prevention and suppression of crimes have traditionally

been accepted as the primary goal of the local police forces.
2. Criminal apprehension – it is a police responsibility to identify, locate and
apprehend offenders.
3. Law enforcement – it is the basic responsibility of the police to enforce the law.
4. Order maintenance – one of the most troublesome responsibilities of the police.
5. Public service – because the police is the most visible symbol of authority, they
are called upon to assist in situations like location of lost persons or properties, to
provide VIP, bank and funeral escorts and other similar duties.
6. Traffic regulation and motor accident investigation – The police are expected to
ensure road safety for both pedestrians and motorists and assist in cases of road
accidents and emergencies.

Crime = Desire + Opportunity + Capability (DOC)

• Desire = wanting of a person to commit the crime.

• Opportunity = physical possibility for the crime to be committed.
• Capability = ability of the offender to commit the crime (Methods, skills, tools
etc.)

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Police Patrol = The backbone of Police Department. Crime prevention can be made
through Police Omnipresence. Police Visibility is the primary concerns of the Police
Patrol.

Police Discretion = the exercise of sound judgment in the absence of order. It is the
wise use of one’s own judgment by a law enforcer.

Custodial Investigation = is a questioning of a person suspected of having committed

an offense administered by an investigator.

• Conducts investigation
• Locate and apprehend criminals

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

How made: By actual restraint/ submission to the custody of the person making the
arrest.

: Reasonable force (no violence or unnecessary force shall be used).

When: At any time of the day and night.

: Bring the person to the nearest police station/jail.

: With warrant

: Without warrant

1. Inflagrante delicto (caught in the act)

2. Hot pursuit
3. Escapees/Fugetives
4. Arrest After Rescue (Rule 113, Sec 13)
5. By virtue of Bond
6. Arrest of foreigner for deportation

Raid = It is a surprise invasion of a building or an area. It is an attack on small scale or

a limited territory.

Entrapment = it refers to the ways and means of capturing or trapping a law violators.

Buy-bust operation = a form of entrapment employed by peace officers to catch a

malefactor in flagrante delicto.

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Instigation = It is a process by which the instigator practically induces the would be
defendant into the commission of the offense, and himself becomes a co-principal.

Miranda vs. Arizona, 1966 – “Miranda Rights”, “Miranda Warning”, Miranda Doctrine

Article 3, Section 12, and Section 17.

R.A. 7438 – Law providing for the rights of a person arrested, detained or otherwise
under custodial investigation.

R.A. 9745– Anti-Torture law.

Criminal Investigation = Art and science of Identifying, locating and tracing law
violators and providing evidence of their guilt.

Cardinal Rule = 5W & 1H

Three tools = (3 I’s) Information, Interview/Interrogation, and Instrumentation

People vs. Mahinay, 103 SCAD 37, 302 SCRA 487

1. Right to be informed in a language known to him of the reason for the arrest.
2. Right to remain silent and any statement he makes may be used as evidence
against him.
3. Right to be assisted at all times by an independent and competent lawyer,
preferably of his own choice.
4. If he has no lawyer or cannot afford the service of a lawyer, one will be provided
for him;
5. That no custodial investigation in any form shall be conducted except in the
presence of his counsel or after a valid waiver has been made
6. That he has the right to communicate or confer by the most expedient means –
telephone, radio, letter or messenger– with his lawyer, any member of his
immediate family, or any medical doctor, priest, minister chosen by him or by any
one by his immediate family, or by his counsel, or be visited by/confer with duly
accredited national or internal non-government organization.
7. Right to waive any of said right provided it is made voluntarily, knowingly and
intelligently and ensure that he understood the same.
8. That waiver must be in writing and in the presence of a counsel, otherwise it will
be void.
9. That person arrested must be informed that he may indicate in any manner at
any time or stage of the process that he does not wish to be questioned with
warning that once he makes such indications, the police may not interrogate him.

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 10. That initial waiver of rights does not bar him from involving it at any time during
the process, regardless of whether he may have answered some questions or
volunteered some statements.
11. To be informed that any statement or evidence obtained in violation of any of the
foregoing whether inculpatory or exculpatory, in whole or in part, should not be
inadmissible in evidence.

Valid Search

1. Warrantless Search incidental to a lawful arrest (Sec. 13, Rule 126)

2. Seizure of evidence in plain view;

3. Search of a moving vehicle;

4. Consented warrantless search;

5. Customs search (vessels/aircraft for violation of immigration, customs and drug laws);

6. Stop and Frisk; and

7. Exigent and emergency circumstances.

(People vs. Valez, 104 SCAD 100, 304 SCRA 140

8. Searches of buildings and premises to enforce, fire, sanitary and building regulations.

Property subject of Search/Seizure

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1. Subject of the offense;

2. Stolen or embezzled and other proceeds or fruits of the offense; or

3. Used or intended to be used as the means of committing an offense.

Loopholes in Police Operations

1. Irregularities in the conduct of Warrantless Arrest

2. Frame-up charges (Police officer in cahoots with the complainant. Planting of

evidence/ instigation)

3. Trumped –up charges

4. Huli-dap = the police will arrest the suspect then ask for the latter’s possessions -
-- cash, cellular phone etc.

5. Palit-ulo = to catch the bigger fish by seeking help from small time criminal that
they caught.

6. Patong/ Panganganak/Pahabol kaso.

7. Bribery

Other Law enforcement Agencies:

National Bureau of Investigation (NBI)

= Originally it was called the Division of Investigation established on November 14,

1936, pursuant to Commonwealth Act no. 181.

= R.A. 157, June 19,1947= reorganized into the Bureau of Investigation.

= Executive Order No. 94, October 4, 1947 renamed it the National Bureau of
Investigation.

Objective: to established and maintain a modern, effective and efficient investigative

service and research agency for the purpose of implementing fully the principal
functions provided under R.A. 157, as amended (www.nbi.gov.ph).

“two-pillar rule” in investigation --- Thoroughness and legality.

Philippine Drug Enforcement Agency (PDEA)

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= it was created by virtue of R.A. 9165, otherwise known as the Comprehensive
Dangerous Drug Act of 2002 which was approved June 7, 2002 and took effect on July
4, 2002, amending R.A. 6425 (Dangerous Drug Act of 1972).

= it is the agency in-charge of enforcing R.A. 9165 which is under the Administrative
supervision of the Dangerous Drug Board (DDB)-the policy making body.

Bureau of Internal Revenue (BIR)

= mandated to assess and collect all national internal Revenue taxes, fees and charges
and to enforce all forfeitures, penalties and fines connected therewith, including the
execution of judgments in all cases decided in its favor by the Court of Tax Appeals
(CTA) and the ordinary courts (www.bir.gov.ph).

Bureau of Customs (BOC)

= created by virtue of Act no. 355, known as the Philippine Customs Administrative Act,
February 6, 1902. Later it was reorganized in October 4, 1987.

= it assess and collect lawful revenues from imported articles and all other dues, fees,
charges, fines and penalties accruing under the tariff and Customs Code of the
Philippines. It exercise exclusive jurisdiction over seizure and forfeiture cases under the
Tariff and Customs laws; prevent and suppress smuggling and fraud in customs
administration; supervise and control the entrance and clearance of vessels, aircrafts
engaged in foreign trade; supervise and control handling foreign mail arriving in the
Philippines; and enforce all other tariff laws, rules and regulation.

• Land Transportation Office (LTO)

• MMDA

Activity # 2

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Name at least 5 agencies that enforce special laws in their own institutions. Briefly
explain how they coordinate with the police.

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Lesson 3 – The Second Pillar: Prosecution

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 At the end of this lesson you must be able to:

1. Know the second pillar of CJS, the prosecution;

2. Explain the importance of prosecution; and
3. Determine and discuss the duties of a prosecutor.

PROSECUTION
The course of action or process whereby accusations are brought before a court
of justice to determine the innocence or guilt of the accused in a criminal action, it is a
proceeding instituted and carried on by due course of law, before a competent tribunal,
for the purpose of determining the guilt or innocence of a person charged with a crime.
It may also refer to a party in a criminal case (acting on behalf of the People of
the Philippines –the real party to the case) which is responsible for instituting criminal
action and proving the guilt of the accused.

PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
One who prosecutes another for a crime in the name of the government; one who
investigates the prosecution upon which an accused is arrested; one who prepares an
accusation against the party whom he suspects to be guilty.
An officer of the government whose function is the prosecution of criminal actions or
suits partaking of the nature of criminal actions.

DUTIES OF A PROSECUTOR
1) To conduct preliminary investigation;
2) To make proper recommendation during the inquest of the case referred to them by
the police after investigation of the suspect;
3) To represent the government or state during the prosecution of the case against the
accused.
NATIONAL PROSECUTION SERVICE (NPS)

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 The principal prosecutory arm of the government Created by virtue of P.D. 1275,
“Reorganizing the Prosecution Staff of the Department of Justice and the officer of the
Provincial and city Fiscals, Regionalizing the prosecution Service and Creating the
National Prosecution Service”. It was enacted on April 11, 1978. (Asalan, Beringa, et.al,
2012). Its primary task is to investigate and prosecute all criminal offenses defined and
penalized under the Revised Penal Code and other special laws. Composed of the
Office of the Chief State Prosecutor, the Regional State Prosecution Offices and the
Provincial and City Prosecution Office under the general supervision and control of the
Secretary of the Department of Justice The Chief State Prosecutor is the head of the
Prosecutorial Staff.
R.A. 10071, April 8, 2010, “The Prosecution Service Act of 2010. It changed the
title of the head of the NPS from Chief State Prosecutor to Prosecutor General.
Primarily responsible for the preliminary investigation and prosecution of all case
involving violation of penal laws, under the supervision of the Secretary of Justice
(Sec.3, R.A. 10071) with 15 Regional State Prosecution Offices, 81 Provincial
Prosecution offices, and 118 city prosecution offices.

Department of Justice (DOJ) – headed by a Secretary

= derives its mandate from the E.O. 292, the Administrative Code of 1987.
= it is the government’s principal law agency.
= the government’s prosecution arm and administers the government’s criminal justice
system by investigating crimes, prosecuting offenders and overseeing the correctional
system (www.doj.gov.ph).

Six (6) functional officers and services of the DOJ:

• Office of the Prosecutor General;
• Office of the Chief State Counsel;
• Technical Staff;
• Administrative Service;
• Financial Service; and

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 • Planning and Management Service.

Nine (9) attached agencies to the DOJ:

➢ Bureau of Immigration (BI);
➢ National Bureau of Investigation (NBI);
➢ Bureau of Correction (BuCor);
➢ Parole and Probation Administration (PPA);
➢ Public Attorney’s Office (PAO);
➢ Office of the Alternative Dispute Resolution;
➢ Commission on the Settlement of Land Problems;
➢ Office of the Government Corporate Counsel; and
➢ Office of the Solicitor General

Public Attorney’s Office (PAO)

= headed by the Chief Public Attorney
= its members provide free legal assistance to indigent and poor litigants.
= it was reorganized by R.A. 9406 otherwise known as the PAO law of 2007.

PRELIMINARY INVESTIGATION

An inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof. It is required to be conducted before the filing of the information
for an offense where the penalty prescribed by law is at least four years, two months
and one day.

PROBABLE CAUSE

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 The existence of such facts and circumstances as would excite a belief in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged is guilty of the crime for which he is prosecuted. Such facts and
circumstances which would lead a reasonably discreet and prudent man to believe that
an offense has been committed by the person sought to be arrested.

COMPLAINT

A sworn, written statement charging a person with an offense, subscribed by the

offended party, any peace officer or other public officers charged with the enforcement
of the law may be filed either before the prosecutor’s office or the court.

INFORMATION

An accusation in writing charging a person with an offense subscribed by the

fiscal and filed with the court.

OFFENDED PARTY

The person against whom or against whose property the crime was committed.

PEACE OFFICERS

Officers directly charged with the preservation of peace, law and order, includes
members of the Philippine National Police.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION (PNO’s)

1) Provincial or city prosecutors and their assistants (PCP)

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 2) Judges of the municipal trial courts and municipal circuit trial courts (No longer
allowed)

3) National and regional state prosecutors (NRSP)

4) Other officers as may be authorized by law:

a) Tanodbayan’s special prosecutors as authorized by the Ombudsman

b) COMELEC’s authorized legal officers in connection with election offenses

c) Special prosecutors appointed by the Secretary of Justice

PROCEDURE OF PRELIMINARY INVESTIGATION

1) There must be a complaint accompanied by the affidavit of the complainant and

his witnesses as well as other supporting documents to establish probable
cause.

2) The investigating prosecutor shall either dismiss the case or issue a subpoena to
the respondent within ten (10) days after filing of the complaint.

3) The respondent shall submit his counter-affidavit and that of his witnesses within
ten (10) days from receipt of the subpoena. If the respondent cannot be
subpoenaed or if he failed to submit his counter-affidavit within the prescribed
period, the investigating prosecutor shall resolve the complaint based on the
evidence presented by the complainant.

4) The investigating prosecutor may set a hearing if there are facts or issues to be
clarified. The hearing shall be held within ten (10) days from the submission of
the counter-affidavit, or from the expiration of the period of submission. Such
hearing shall be terminated within five (5) days.

5) Within ten (10) days after the investigation, the investigating prosecutor shall
determine whether or not there is sufficient ground to hold the respondent for
trial. The termination of the hearing shall be the end of the investigation.

6) If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall forward the record of the case
to the provincial or city prosecutor or chief state prosecutor within five (5) days
from his resolution.

If the investigating prosecutor recommends dismissal of the case, the same

procedure shall apply. The provincial, city or chief state prosecutor shall act on the

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 resolution within ten (10) days from receipt and shall immediately inform the parties
of such action. No complaint or information may be filed or dismissed by the
investigating prosecutor without prior written authority or approval of the provincial or
city or chief state prosecutor.

7) If the investigating prosecutor recommends the filing of the case but the
provincial, city or chief state prosecutor disapproves and wants the case dismissed,
the provincial, city or chief state prosecutor may dismiss the case without need for
another preliminary investigation.

If the investigating prosecutor recommends dismissal of the case but the

provincial, city or chief state prosecutor finds probable cause, the provincial, city or
chief state prosecutor may file the information with the court without the need for
preliminary investigation.

8) In case either party is not satisfied with the findings of the provincial, city or
chief state prosecutor, he may submit his petition with the Secretary of Justice.

The Secretary of Justice has the power to modify the resolution of the provincial,
city of chief state prosecutor. The Secretary may affirm or reverse the resolution of
the provincial, city or chief state prosecutor without conducting another preliminary
investigation.

Activity # 3
Answer the following questions.

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1. What is an inquest? When is it done?

2. How is preliminary investigation conducted?

3. How is a complaint differentiated from an information?

4. Why is legal sufficiency important in prosecution?

5. What are the roles of the prosecutor?

Lesson 4 – The Third Pillar: The Court

At the end of this lesson you must be able to:

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 1. Know and understand the third pillar of CJS, the court;
2. Explain the importance and functions of court; and
3. Determine and discuss the different types of trial court.

COURT

An organ of the government belonging to the judicial department whose function

is the application of the laws to controversies brought before it and the public for the
administration of justice.

JUDICIARY

That branch of the government which is vested with judicial power and a branch
of the government which is empowered to interpret construe and apply the laws.

JUDICIAL POWER

The power to apply the laws to contests or disputes concerning legally

recognized rights or duties of and between the state and the private persons or between
individual litigants in cases properly brought before the judicial tribunals. Vested in one
Supreme Court and in such lower courts.

POWER OF JUDICIAL REVIEW

The power of the Supreme Court to determine whether laws passed by Congress
and acts of the President are in accord with the Constitution when the matter is raised

JUDGE

A public officer so named in his commission and appointed to preside over and to
administer the law in a court of justice.

JURISDICTION

The power and authority of a court to hear, try and decide cases.

BP 129

= otherwise known as the Judiciary Reorganization Act of 1980

KINDS OF JURISDICTION:

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1) General – when the court is empowered to decide all disputes which may come
before it except those assigned to other courts.

2) Limited – when the court has the authority to hear and determine only a few specified
cases.

3) Original – when the court can try and hear a case presented for the first time.

4) Appellate – when the court can try a case already heard and decided by a lower
court, removed from the latter by appeal.

5) Exclusive – when the court can try and decide a case which cannot be presented
before any other court.

6) Concurrent – when any of two or more courts may take cognizance of a case.

ORGANIZATION AND JURISDICTION OF THE COURTS

SUPREME COURT

➢ composed of a Chief Justice and 14 Associate Justices

➢ shall have administrative supervision over all courts
➢ shall have the power to discipline judges of the lower courts
➢ shall have appellate jurisdiction over cases decided by the Court of Appeals
➢ shall have the power of judicial review

COURT OF APPEALS

➢ headed by a Presiding Justice

➢ has appellate jurisdiction over cases decided by the RTC
➢ has the power to order new trial

REGIONAL TRIAL COURTS

➢ presided by a Regional Judge

➢ has general jurisdiction over criminal cases
➢ has jurisdiction over offenses punishable with imprisonment of six years and one
day and over

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 ➢ has appellate jurisdiction over cases decided by the MTC, MTC and MCTC

METROPOLITAN TRIAL COURT

MUNICIPAL TRIAL COURT

MUNICIPAL CIRCUIT TRIAL COURT

➢ Has jurisdiction over violation of city or municipal ordinances and offenses

punishable by imprisonment not exceeding six years.

SPECIAL COURTS

1) COURT OF TAX APPEALS

➢ created under RA 1125

➢ composed of three (3) judges
➢ has exclusive appellate jurisdiction to review on appeal decisions of the
Commissioner of the Bureau of Internal Revenue involving internal revenue taxes
and decisions of the Commissioner of the Bureau of Customs involving customs
duties

2) SANDIGANBAYAN

➢ created pursuant to PD 1606

➢ composed of fifteen (15) Justices
➢ tasked to handle criminal cases involving graft and corruption and other offenses
committed by high- ranking public officers and employees in connection with the
performance of their functions

3) SHARIA COURTS

➢ created pursuant to PD 1083, otherwise known as the “Code of Muslim Personal

Laws of the Philippines”
➢ created as part of the judicial system

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 ➢ courts of limited jurisdiction known as the Sharia District Court are presided by
District Judges
➢ Sharia circuit trial courts are presided by circuit judges

DECISION

The judgment rendered by a court of justice or other competent tribunals

JUDGMENT

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

CONTENTS OF JUDGMENT

1) JUDGMENT OF CONVICTION

➢ When the judge finds the accused guilty of the charges against him
➢ The legal qualification of the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances which attended its
commission
➢ The participation of the accused in the offense, whether as principal, accomplice
or accessory after the fact
➢ The penalty imposed upon the accused
➢ The civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party unless the enforcement of the
civil liability by a separate civil action has been reserved or waived.

2) JUDGEMENT OF ACQUITTAL

When the judge finds the accused not guilty of the charges against him. Shall
state whether the evidence of the prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt beyond reasonable doubt.

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3) PROMULGATION OF JUDGMENT

By reading in the presence of the accused and any judge of the court in which it
was rendered. If the judge is absent, the judgment may be promulgated by the clerk of
court

Activity # 4
Define the following terms.

1. Arraignment and plea

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2. Motion to quash

3. Pre-trial

4. Trial

5. Judgement

6. Appeal

Lesson 5 – The Fourth Pillar: Correctional Institutions

At the end of this lesson you must be able to:

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 1. Know and understand the fourth pillar of CJS which is the correction;
2. Explain the theories justifying penalty; and
3. Determine and discuss the judicial conditions of penalty.

CORRECTION

Definition: Is that branch of administration of criminal justice charged with the

responsibility for the custody, supervision and rehabilitation of convicted offenders.

Penology = a branch of criminology which deals with the treatments, management and
administration of inmates.

Penalty = the suffering that is inflicted by the state for the transgression of the law.

Theories Justifying Penalty

Prevention – the state punishes the criminal to prevent or suppress the danger to the
state and to the public arising from the criminal acts of the offender.

Self-Defense – the State punishes the criminal as a measure of self-defense to protect

the society from the threat and wrong inflicted by the criminal.

Reformation – the State punishes the criminal to help him reform or be rehabilitated.

Exemplarity – the State punishes the criminal to serve as an example to others and
discourage others from committing crimes.

Justice – the State punishes the criminal as an act of retributive justice, a vindication of
absolute right and moral law violated by the criminal.

Judicial Conditions of Penalty

Judicial and legal – penalty must be imposed by the proper authority and by virtue of a
judgment as prescribed by law.

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Definite – penalty must be specific and exact.

Commensurate – penalty must be proportional to the gravity or seriousness of the

crime committed.

Personal – penalty must be imposed only to the person who actually committed the
crime with no substitutes.

Equal – penalty must be applied to all who committed the offense.

Prison law – basic law in the Philippines Prison System found in the Revised
Administrative Code.

Philippine Prison System – patterned after the US Federal Prison System.

P.D. 29 – the law that classified prisoners.

Classification of Prisoners

1. According to Sentence/place of confinement.

 National or Insular Prisoner – one who is sentenced to serve a prison term

of three years and one day to death.

 Provincial Prisoners – one who is sentenced to serve a prison term of six

months and one day to three years.

 City Prisoners – one who is sentenced to serve a prison term of one day
to three years.

 Municipal Prisoner – one who is sentenced to serve a prison term of one

day to six months.

2. According to fine:

a. National or insular – one who is sentenced to serve a prison term of three years and
one day to death or whose fine is more than 6,000.00, or both.

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b. City/Provincial prisoner – one who is sentenced to serve a prison term of six
months and one day to three years or whose fine is less than P6,000.00 but more than
P 200.00, or both.

c. Municipal prisoner – one who is sentenced to serve a prison term of one day to six
months or whose fine is not more than P200.00, or both.

3. According to Status

a. detention prisoners – those held for security reasons, investigation; those awaiting
or undergoing trial and awaiting judgment.

b. Sentenced prisoners – those convicted by final judgment and serving their

sentence.

Prison – institutions for confinement of convicted offenders sentenced to more than

three (3) years of imprisonment.

- derived from the Greco-Roman word “prisidio”

- administered by the National Government under the Bureau of Corrections.

- also called national prisons and also includes the penal colonies and penal
farms.

Jails – institutions for confinement of convicted offenders sentenced to imprisonment of

three (3) years or less.

- institution for the confinement of those still undergoing trial or awaiting

judgment.

- derived from the Spanish word “jaula” and “caula”

Provincial jails are administered and supervised by their respective provincial

governor.

City and municipal jails are administered and supervised by the Bureau of Jail
Management and Penology.

Executive Clemency = Collective term for absolute pardon, conditional pardon, and
commutation of sentence.

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= Granted by the chief Executive Officer (President of the Philippines).

KINDS OF EXECUTIVE CLEMENCY

1. Pardon – an act of grace proceeding from the power entrusted with the execution of
the laws which exempts the individual on whom it is bestowed from the punishment the
law inflicts for a crime he has committed.

- granted by the President after conviction by final judgment.

- Extinguishes only criminal liability but not the civil liability.

Kinds of Pardon:

a. absolute Pardon- the extinction of the criminal liability of the individual to whom it is
granted without any condition and restores to the individual his civil rights.

b. Conditional Pardon - the extinction of the criminal liability of an individual from the
punishment which the law inflicts for the offense he has committed, within certain limits
or conditions.

2. Commutation of Sentence - reduction of the sentence, from a heavier sentence to a

less serious one, or from longer prison term to a shorter one.

- convicted offenders may only be granted commutation of sentence after serving

a portion of their sentence as provided by law.

3. Amnesty – an act of sovereign power granting oblivion or general pardon for the past
offense, usually granted in favor of certain classes of persons who have committed
crimes of political character, such as treason or rebellion.

4. Commutation of Sentence – reducing the period of imprisonment into shorter

period.

5. Repeive – temporary suspension of the execution of sentence.

6. Parole – a method by which a prisoner who has served a portion of his sentence is
conditionally released but remains in legal custody, the condition being that in case of
misbehavior, he shall put back to prison.

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 - granted to convicted offenders who have served a portion of their sentence as
provided by law granted by the Board of Pardons and Parole.

Activity # 5
Essay

Differentiate a jail from prison.

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Lesson 6 – The Fifth Pillar: The Community

At the end of this lesson you must be able to:

1. Know and role the fifth pillar of CJS the community; and
2. Determine and discuss the role of lupon; and

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KATARUNGANG PAMBARANGAY

➢ PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY

COMMISSION TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT
THE BARANGAY LEVEL promulgated on 27 January 1978
➢ PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING
DISPUTES AT THE BARANGAY LEVEL
➢ RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991
provides for the REVISED KATARUNGANG PAMBARANGAY LAW enacted on
10 October 1991

LUPONG TAGAPAMAYAPA

It is a body of men created to settle disputes within the barangay level. It is also
referred to as the LUPON.

Composition of the Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman of the

Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other members
who shall be not less than ten (10) but not more than twenty (20). It shall be
constituted every three (3) years.

Qualification to become members of the Lupon

Any resident of the barangay of reputable character may be appointed as

member of the Lupon. Members of the Lupon shall be appointed by the Barangay
Chairman with the term of three (3) years.

Basic function of the Lupon

Essentially, the Lupon must provide a forum for matters relevant to the amicable
settlement of disputes for the speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO

It shall act as the conciliation panel. It is also referred to as the PANGKAT.

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 It shall be composed of three (3) members chosen from the members of the
Lupon. They shall choose from among the three of them the Pangkat Chairman and
Pangkat Secretary.

The Pangkat shall be constituted whenever a dispute is brought before the

Lupon.

The members of the Pangkat shall be chosen by the parties of the dispute from
among the Lupon members. In case of disagreement, the Barangay Chairman shall
draw lots.

Matters fall under the jurisdiction of the Lupon

 those involving offenses that are punishable by the imprisonment of one

year and below, or a fine in the amount of five thousand pesos and below;

 those involving parties that actually reside or work in the same barangay;

 those involving marital and family disputes;

 those involving minor disputes between neighbors;

 those involving real properties located in the barangay;

Venue for amicable settlement

➢ disputes between persons actually residing in the same barangay shall be

brought for amicable settlement before the Lupon of said barangay;
➢ those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually
resides;
➢ all disputes involving real property or any interest shall be brought in the
barangay where the real property or the larger portion is situated;
➢ those arising at the workplace where the contending parties are employed or
at the institution where such parties are enrolled for study shall be brought in
the barangay where such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may initiate proceedings?

Any individual who has a cause of action against another individual involving any
matter within the authority of the Lupon may complain, orally or in writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against the respondent.

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RESPONDENT – the person who is being complained of.

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of
another for which the latter suffers damage which affords a party to a right to judicial
intervention.

2. Upon receipt of the complaint the Chairman shall meet with the respondent and
complainant and mediate. If he fails in his mediation within fifteen (15) days, he shall
set a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by

the Punong Barangay or Pangkat to amicably settle their disputes

3. The Pangkat shall meet not later than three (3) days after their constitution, on the
date set by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its
meeting. This period may be extended for another fifteen (15) days, at the discretion of
the Pangkat.

Purpose of amicable settlement:

“Because it is a pre-condition to filing of complaint in court”

“No complaint involving any matter within the authority of the Lupon shall be filed
directly in court unless there has been a confrontation between the parties before the
Chairman or the Pangkat, and that no conciliation or settlement has been reached as
certified by the Secretary, or unless the settlement has been repudiated by the parties.”

Effect of the amicable settlement:

The amicable settlement shall have the force and effect of a final judgment of a court
upon the expiration of ten (10) days from the date of settlement.

Activity # 6
Write an essay on the role of the community in crime prevention.

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References
https://www.unafei.or.jp/publications/pdf/RS_No53/No53_27PA_Corpuz.pdf

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Philippine Criminal Justice System by: Nierme A. Capulso, Jr. and Dennis J. Saluba

Introduction to Criminology Module by: Dr. Ariel Manlusoc and Manilyn Librando

Criminal Justice System by: Dr. Ariel Manlusoc

https://www.slideshare.net/verniegamit7/philippine-criminal-justice-system

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