Philippine Criminal Justice System

OVERVIEW OF THE SYSTEM

Criminology Criminal Justice
Involves people part of

Who breaks the law?
the pillar
Why do people break The processes of the
the law? system
Why do people abide Scope and nature of the
by the law system
What motivates law Public policies, laws and
breaking? regulation for
What discourages law
breaking? administration of the
system
* Both are eclectic disciplines that borrow research and theories from
other related disciplines
Adult CJS Juvenile CJS

Subject of the Accused Child in Conflict with the
Process Law
Law/Rules applied Penal law violated; RA 9344 “COMPREHENSIVE
Revised Rules of JUVENILE JUSTICE AND
Court WELFARE SYSTEM”; Rule on
Juvenile in Conflict with the
Law
Trial Court Regular Courts Family Court
State Police Exercise of Police Parens patriae; Best interest
Power of the child
Both adhere to the principle of restorative justice
The study of such criminal justice system

worldwide offers a great opportunity for us
to consider the adoption of different policies,
rules, and procedures which can be
applicable in our local setting
America France
• Has only three pillars • Judge and jurors vote on
• Has a jury system a verdict
Japan
• Cases are heard by
three judges
FOUR PRIMARY COOPERATIVE EFFORT

AMONG NATIONS
Primary Goals:
1. To conduct surveys to gather data
about international and
comparative crime
2. To provide peacekeeping efforts
3. To promote crime prevention
4. To promote a common standard
of justice and fair treatment of
defendants
* UN has no legitimate authority over countries
not member to it -193 member
INTERPOL
- Formed in 1923
- Operated across national boarders
in cases of terrorism and drug
trafficking
- Depends on the cooperative effort
of participating nations
- 195 member
- On July 17, 1998, its founding

treaty (Rome Statute), was
adopted by 20 countries and 21
states abstaining.
- The world’s first permanent,
independent court to try crimes
against humanity, genocide, and
war crimes
THE FIRST PILLAR - POLICE
• First line of defense against

crime.
• Politia/Politeia: means
government, citizenship, or
activity of the city
• Crime Prevention
• Crime Repression
• Criminal Apprehension
• Regulation of Non-criminal conduct
• Performance of related Miscellaneous Services

Art. XVI, Sec. 6 1987 PC
The State shall establish and maintain one

police force, which shall be national in scope
and civilian in character, to be administered
and controlled by a national police
commission.
The authority of local executives over the

police units in their jurisdiction shall be
provided by law
MANDATE
RA 6975 Department of the Interior and Local

Government Act of 1990
as amended by
RA 8551Philippine National Police Reform and
Reorganization Act of 1998 and further amended
by
RA 9708 AN ACT EXTENDING FOR FIVE (5) YEARS THE
REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM
EDUCATIONAL QUALIFICATION FOR APPOINTMENT TO THE
PHILIPPINE NATIONAL POLICE (PNP) AND ADJUSTING THE
PROMOTION SYSTEM
VISION
Imploring the aid of the almighty, by 2030,

the Philippine National Police shall be a
highly capable, effective and credible police
service working in partnership with a
responsive community towards the
attainment of a safer place to live, work, and
do business.
MISSION
To enforce the law, to prevent and control

crimes, to maintain peace and order, and to
ensure public safety and internal security
with the active support of the community
FUNCTIONS
• ENFORCE ALL LAWS AND ORDINANCE RELATIVE TO THE

PROTECTION OF LIVES AND PROPERTIES
• MAINTAIN PEACE AND ORDER AND TAKE ALL
NECESSSARY STEPS TO ENSURE PUBLIC SAFETY
• INVESTIGATE AND PREVENT CRIMES, EFFECT THE
ARREST AND BRING OFFENDERS TO JUSTICE
• EXERCISE GENERAL POWERS TO MAKE ARREST, SEARCH
AND SEIZURE IN ACCORDANCE TO THE LAW
PNP ORGANIZATIONAL STRUCTURE
National headquarters
1PNP Chief
2 Deputy Chief (admin&oper)
14 admin support unit & 15 operational
support units
National bureau of investigation
National bureau of investigation
Nov. 13, 1936
establishment
Commonwealth
Act No. 181 created
Division of
Investigation 45 men selected
among300 applicants
June 19, 1947
Thomas Dugan &

Civilian Staff RA 157
Flaviano Guerrero Doctors DI Reorganizing BI
Chemist
Fingerprint Technicians
Photographers
Stenographers EO 94
Division of Invest. BI to NBI
FBI
Police Discretion
• Vested by law to police officers

• The wise use of one’s judgment and personal
experience to decide during particular situation
Criminal Investigation
• Is the art of collecting and analyzing facts about
persons, things, place and subject of a crime to
identify the perpetrator, to locate his
whereabouts, and to gather evidence for the
establishment of his guilt in a criminal
proceeding.
Criminal Apprehension or Arrest
• Arrest: the taking of a person into

custody of the law to answer for a
commission of an offense
• Made by actual restraint of a person
or by his submission to the custody of
authority.
• No violence or unnecessary force shall
be used in making an arrest.
Search as an Incident of Arrest
The person making the arrest may conduct

bodily search to the arrested person to confiscate the
following:
1. Objects that are subject of the offense
2. Objects which are the fruits of the crime.
3. Objects which are illegal per se.
4. Those which might be used to commit violence or to
escape.
5. Dangerous weapon
6. Evidence of the case.
Duty of the Arresting Officer
To execute the warrant of arrest

to the accused and deliver him to the
nearest police station or jail without
unnecessary delay.
Execution of Warrant of Arrest
The warrant should be executed within 10 days from

its receipt. Within 10 days after the expiration of the
period, the officer shall make a report to the judge. In case
of failure in execution, he shall state the reason.
Warrantless Arrest
a. In flagrante delicto arrest
b. Doctrine of hot pursuit
c. Arrest of an escape
d. Arrest by bondsman
(surety)
e. Arrest of ‘’fly-risk’’ accused

Persons not subject to arrest
a. A senator or member of the House of Rep. shall,

in all offenses punishable not more than 6 yrs. of
imprisonment be privileged from arrest while
congress is in session.
b. Ambassadors and Ministers of foreign countries

in the Philippines.
Time of Making an Arrest
Arrest may be made on any day and at any time of

the night or night unless specifications are indicated.
Methods of Arrest
With a Without
Arrest by
warrant by warrant by
Private Person
Police Officer Police Officer
Officer may summon assistance
Every person summoned to assist an

officer shall assist him in the arrest
when he can without detriment to
himself.
Officer may summon assistance
Every person summoned to assist an

officer shall assist him in the arrest
when he can without detriment to
himself.
Rights of arresting officer to break into and breakout
a. The right of officer to break into building or enclosure

Requisites:
1. That the person to be arrested is or reasonably believed
to be in the building;
2. That he announced his authority and purpose for
entering therein;
3. He has been denied admittance.
b. The right to break out from the building
- an officer may break out therefrom when necessary to
liberate himself.
SEARCH AND SEIZURE
SEARCH WARRANT
- An order in writing issued in the name of
the People of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for personal
property described therein and bring it
before the court.
SEARCH AND SEIZURE
SEARCH WARRANT
Elements:
1. Written Order
2. Signed by the judge
3. Commanding a peace officer to search
personal property
4. To seize and bring such personal property
to the court
SEARCH AND SEIZURE
SEARCH WARRANT
Where to file?
Any court with territorial jurisdiction

SEARCH AND SEIZURE
SEARCH WARRANT
Personal property subjected to seizure:
a. Subject of the offense
b. Stolen or embezzled and other
proceeds of the offense
c. Used or intended to be used of
committing offense
SEARCH AND SEIZURE
SEARCH WARRANT
Requisites for issuance:
1. Probable cause
2. Affirmation of the complainant and
witness
3. Description of the place to be
searched or things to be seized
SEARCH AND SEIZURE
SEARCH WARRANT
Right to break door or window:
When refused admittance after
giving notice for purpose and
authority.
SEARCH AND SEIZURE
SEARCH WARRANT
Two witness Rule:
No searches shall be made except
for the presence of two witnesses of
legal age in the absence of the
occupants/owner.
SEARCH AND SEIZURE
SEARCH WARRANT
Time of making search:
In the day time unless specified.
SEARCH AND SEIZURE
SEARCH WARRANT
Life span:
10 days from date.
SEARCH AND SEIZURE
SEARCH WARRANT
Delivery of property and inventory thereof to court:
1. The officer seizing must deliver the property to
court issuing.
2. Ten days after the issuance, the judge issuing the
warrant shall ascertain that the return has been
made.
3. The return of the search warrant shall be filed and
recorded.
SEARCH AND SEIZURE
SEARCH WARRANT
Valid warrantless searches and seizure:
a. Incidental to lawful arrest
b. Searches in ‘’Plain View’’
c. Searches of moving vehicles
d. Consented searches
e. Customs searches
f. Stop and frisk situation
g. Searches during emergencies
THE SECOND PILLAR - PROSECUTION
THE DEPARTMENT OF JUSTICE (DOJ)
E.O. 292
Administrative MANDATE
Code of 1987 RULE OF LAW Org.
Prescribed the ADMINISTRATION OF
Mandate and JUSTICE
Structure
powers and
functions & org.
Head
SEC. OF JUSTICE
structure of DOJ
Assisted by
3 UNDERSEC.
5 ASS. SEC.
NATIONAL PROSECUTION SERVICE (NPS)
DOJ April 11, 1987

Prosecution PD 1275
arm of the creation of RA 10071
government National Act strengthening and
Rationalizing the National
of all Prosecution Prosecution Service also
criminal cases Service known as
XPN: Office of Prosecution Service Act of
the Ombudsman- 2010
Sandigan Bayan
CONSIST
CHIEF STATE PROS
REG. STATE PROS
PROVINCIAL PROS
CITY PROS
OMBUDSMAN (OMB)
Art XI, 1987 Constitution

Mandate: RA 6770 Ombudsman Act of 1989
Power and Functions:
• Fact-finding investigation
• Administrative Adjudication
• Preliminary Investigation
• Prosecution
• Public Assistance
INSTITUTION OF CRIMINAL ACTION
How criminal action is instituted?
a. When PI is required – to the proper office.

b. All other offenses – MTC, MCTC, Office of Pros
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.
Information
- Is an accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court.
Prosecution of Criminal Actions

All criminal actions either commenced by
complaint or information shall be prosecuted under
public prosecutor.
Private prosecutor may be authorized by the
Chief of the Prosecution Office or Regional State
Prosecutor.
PROSECUTION OF PRIVATE OFFENSES
Private Offenses
are those offense which cannot be prosecuted
without a complaint first filed by the offended
person himself.
Ex.
Adultery and concubinage
Seduction (<12-18), abduction, consented abduction
(<12-18) acts of lasciviousness
(XPN: when the offended party dies before filing complaint)
A minor has the right to initiate the prosecution

of an offense under RA 7610.
PROSECUTION OF CRIMINAL ACTION
Determination of sufficiency of complaint or information
If its states the:
• Name of the accused
• Designation of the offense
• Acts or omissions complained
• Name of offended party
• Approximate date of the commission of the crime
• Place where offense committed
Duplicity of the offense is NOT allowed
A complaint or information must charge only one
offense.
XPN: law prescribes single punishment for various
offense. (COMPLEX AND COMPOUND CRIME)
Failure of the accused to object before arraignment he may

convicted of as many offense charge.
Remedy- accused may file a motion to quash, to void
complaint.
• The single act of running over the victims with a van
from behind while the victims were walking,
resulting in the death of two persons and injuries to
others constitute a compound crime of double
murder with multiple attempted murder (People v.
Punzalan, G.R. No. 199892, December 10, 2012).
• The single act of accused-appellant — burning the
house of Manuel Salvador, with the main objective of
killing the latter and his daughter, Analyn Salvador,
resulting in their deaths — resulted in the complex
crime of double murder (People v. Gaffud, G.R. No.
168050, September 19, 2008)
Place where action is to be instituted
• Criminal action shall be instituted in the court of the
municipality where offense was committed.
• In cases of continuous crimes, it shall be instituted in
the court of any municipality where such crime passed.
• In cases of offense in vessel, in the court of the first
municipality where the vessel passed.
• Crimes committed outside the Philippines under Art. 2
RPC shall be cognizable where the criminal action is
first filed.
• Art. 2 RPC Art. 2 RPC
enumerates several instances where extra-territorial application

of Philippine penal laws may be allowed, such as: committing
offenses in a Philippine ship or airship, forging any coin or
currency note or obligation of the Philippines and introducing
the same in the territory or committing crimes against national
security and the law of nations.
PRELIMINARY INVESTIGATION
- Is an inquiry 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, and should be held for trial.
1. Who may conduct PI

a. Provincial/City Pros
b. National/Regional State Pros
c. Other offices as authorized by law
2. PI is merely inquisitorial
- discovering the persons who may be reasonably charged with
a crime and to enable the fiscal to prepare his complaint or
information.
When PI is required?
Offense where the law prescribes a penalty of at least
four years, two months, and one day.
XPN:
arrest w/o warrant – INQUEST PROCEEDING
INQUEST PROCEEDING
Summary investigation instead of PI.
However, the subject may ask for PI w/in 5 days (from

the date of knowing) by signing a waiver of the provision
of Art. 125 (delay in the delivery of detained person to
proper authorities(12LO-18LGO-36GO) applied for arrest
without warrant by virtue of RA 7438 (rights of arrested
person).
FLOW CHART OF PRELIMINARY INVESTIGATION
Filing of the complaint accompanied by affidavits and
supporting documents
Within 10 days after the filing, the investigating officer

shall either dismiss or issue subpoena
If subpoena is issued, respondent shall submit a counter-

affidavit and other supporting documents within 10 days
from receipt thereof
FLOW CHART OF PRELIMINARY INVESTIGATION
Hearing (optional)
Resolution of investigating prosecutor

Note :
• No complaint or information may be filed or dismissed
by an investigating prosecutor w/o prior written
authority from provincial/city pros. or chief state pros
or the Ombudsman.
• Resolution of the City/Provincial Pros can be modified
by the Sec of Justice motupropio.
THE THIRD PILLAR - COURT
HISTORICAL BACKGROUND
- In this stage judicial determination of the guilt or

innocence of the accused is under consideration.
- Judicial power shall be vested in one SUPREME COURT
and such lower courts as may be established by law
(Sec. 1, Art. VIII of the PC)
https://www.officialgazette.gov.ph/about/gov/judiciary/sc/
ESTABLISHMENT OF SUPREME
COURT
Cayetano Arellano
-as the first chief
June 11, 1901
justice together - Supreme Court was
with associate created along with
justices –majority Courts of First
of whom are Instance, and Justice
of the Peace Courts
American
SUPREME COURT
- Administrative Code of 1917: ordained SC as the

highest tribunal body with 9 members (1 CJ and 8
Ass. Justices)
- 1901 – 1935: American took over SC
SUPREME COURT
- majority of member were Americans

- Commonwealth Gov’t 1935: complete Filipino
membership
- Claro Recto & Jose Laurel (3rd President): 1st Fil.
replacing American Justices
- 1935 Constitution (May 14, 1935) : membership
increased to 11 (1 CJ & 10 Ass Justices)
SUPREME COURT
AT PRESENT
- Composed of 1 CHIEF JUSTICE and 14 ASSOCIATE
JUSTICES
- May sit EN BANC or in division of THREE, FIVE and
SEVEN members
COURT
- Is a governmental 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.
JUDICIAL POWER
- Is the duty of the court to settle actual controversies

involving rights which are legally demandable and
enforceable, and to determine whether or not there
has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch
or instrumentality of the Government.
COURTS IN THE PHILIPPINES
a. Supreme Court
b. Court of Appeals
c. Court of Tax Appeals
d. Sandiganbayan
e. Regional Trial Court
f. Municipal and City Courts
g. Shari’a Court
CRIMINAL JURISDICTION
- Is the authority to hear and try a particular offense

and impose punishment for it.
Requisites for valid exercise:

1. Jurisdiction over the subject matter
2. Jurisdiction over the territory
3. Jurisdiction over the person of the accused
Over Complex Crimes

- Lodged with the trial court that has jurisdiction to
impose the maximum and most serious penalty
imposable of an offense
Ex.
Reckless imprudence resulting to damage of property.
Rape with homicide
Over Continuing crimes

Continuing offense – consummated in one place, yet violation of
law is continuing.
- Courts over territories where the essential
ingredient of crime took place.
Ex. Estafa, generally, has two essential elements. First element is deceit , or abuse of
confidence; and the second element is damage. Thus, if deception or abuse of confidence
was made in Manila and damage was caused in Makati, then the case may be filed either
in Manila or in Makati
1. MTC has exclusive original jurisdiction over offenses
punishable with imprisonment not exceeding six (6)
years.
2. RTC has jurisdiction over all criminal cases where
penalty is higher than six (6) years of imprisonment.
3. MTC has jurisdiction over offenses punishable with a
fine not exceeding P4,000.
4. MTC has exclusive original jurisdiction over all
violations of city/municipal ordinances.
BAIL
Sec. 13, Art 3 of the 1987 Philippine Constitution

‘’All persons, except those charged with offenses
punishable by reclusion perpetua when evidence of guilt
is strong, shall before conviction, be bailable by sufficient
sureties, or be released on recognizance as may be
provided by law.’’
BAIL
Bail
- Security given for the release of a person in custody of
the law, furnished by him or a bondsman, to guarantee
his appearance before any court as required under the
conditions hereinafter specified.
BAIL
Bail as a matter of right

a. Before or after conviction by MetroMC, MTC, MCTC
b. Before conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or life
imprisonment.
BAIL
Bail, when discretionary
Upon conviction by the RTC of an offense not punishable

by death, reclusion perpetua, or life imprisonment.
BAIL
Bail shall be cancelled upon showing by the prosecution,
with notice to the accused, of the ff. circumstances:
a. That he is a recidivist, quasi-recidivist, or habitual delinquent.
b. That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail w/o valid
justification
c. That he committed the offense while under probation, parole, or
conditional pardon
d. That the circumstances of his case indicate the probability of
flight
e. That there is undue risk that he may commit another crime
BAIL
Cancellation of bail
- With due notice to the prosecutor, upon death or surrender
of accused.
- Acquittal of the accused, dismissal of the case,
Arrest of accused out on bail

- For purposes of surrendering the accused, the bondsmen
can arrest him
- If he attempt to depart from the Philippines without
permission of the court
BAIL
Effect of application for probation

- Before finality of judgment, he may allowed
temporary liberty through bail or recognizance
ARRAIGNMENT AND PLEA
HOW IT IS MADE
a. The arraignment shall be made in open court (where
information is filed) by the judge or clerk with a copy of
complaint read to the accused in dialect known to him
asking whether his guilty or not.
b. Must be personally made and be recorded.
c. If entered conditional plea, plea of not guilty shall be
presumed.
d. When enters plead guilty but present exculpatory evidence
, a plea of not guilty will be presumed.
HOW IT IS MADE
e. Private offended party is required to appear for purposes of
plea bargaining and determination of civil liability. In case of
absence with due notice, the accused may enter to a plea of
guilty in lesser offense.
f. It shall be held within 30 days from the date when the court
acquires jurisdiction over the person of the accused
Plea of guilty to a lesser offense

- With consent of the offended party and prosecutor, accused
may plead guilty to a lesser offense necessary in the offense
charged.
- After arraignment but before trial, accused may withdraw
his plea of not guilty to plea of guilty to lesser offense.
Plea of guilty to capital offense

- When accused plead guilty, the court shall conduct an
inquiry to the voluntariness and full comprehension of the
consequences of his guilt.
Plea of guilty to non-capital offense
- Court may received evidences from both parties to
determine penalty.
Suspension of arraignment
a. Accused appears to be suffering from an unsound mental
condition.
b. There exist a prejudicial question.
c. Petition for review of the resolution of the prosecutor is
pending.
Prejudicial question: It usually involves the suspension of the proceedings in

a criminal case to await the result of the civil case since the outcome of the
latter is very essential to the former.
The elements of a prejudicial question are: (a) the previously instituted civil
action involves an issue similar or intimately related to the issue raised in
the subsequent criminal action, and (b) the resolution of such issue
determines whether or not the criminal action may proceed.
Before entering a plea the accused may move to quash
complaint/information
Motion to quash
- Accused may move to quash (written) the complaint or
information before entering plea
Grounds:
a. That the facts do not constitute an offense
b. That the court has no jurisdiction over the offense and the
person
c. That the officer who filed the information had no
authority
d. That it does not conform to the prescribed form
Motion to quash
Grounds:
e. When more than one offense is charged
f. That the criminal liability has been extinguished
g. That the accused has been previously convicted or acquitted
of the offense or the case is dismissed.
Failure to move to quash is a WAIVER to any objections

PRE-TRIAL
Mandatory in criminal cases

- Criminal cases cognizable by the Sandiganbayan, RTC, MTC,
and MCTC, after arraignment and within 30 days from the
arrest of the accused shall order a pre-trial conference.
PRE-TRIAL
Purposes
a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence of the parties
d. Waiver of objections to admissibility of evidence
e. Modification of the order trial if accuse admits the charges
but interpose lawful defense
f. Matters that will promote expeditious trial
All agreements should be made in writing and signed by

accused and counsel to be admissible.
PRE-TRIAL
Non-appearance thereto
- If counsel of the accused or prosecutor does not appear, and
does not offer acceptable excuse, court may impose penalties.
Significance
a. Bind parties and limit the trial to matters disposed
b. Control the course of the proceedings
TRIAL
After a plea of not guilty is entered, the accused

shall have 15 days to prepare for trial. It shall commence
w/in 30 days from the receipt of the pre-trial order.
TRIAL
Continuous trial until terminated

- Trial once commenced shall continue from day to day until
terminated
- May be postponed for a reasonable period of time.
- In no case shall the entire trial period exceed 280 days except if
SC permits
TRIAL
Order of trial
a. The prosecution shall present the evidence to prove the charge and
the civil liability
b. The accused may present evidence to prove his defense and
damages
c. The prosecution and the defense may present rebuttal and sur-
rebuttal
d. Upon admission of the evidence of the parties, the case will be
submitted for decision unless courts requires oral arguments
e. When the accused admits the act charged but interpose lawful
defense, order of trial may be modified
TRIAL
Examination of witness for the prosecution

A witness should be personally examined before the court where
the case is pending. Such examination, will be made in the presence or
absence of the accused. Failure or refusal to attend, after notice shall be
considered a waiver.
Trial of several accused

when two or more accused are jointly charged with an offense,
they shall be jointly tried unless court decide for separate trial.
TRIAL
Dismissal of the case on the ground of insufficiency of evidence
a. The court , motu propio, after giving the prosecution the opportunity
to be heard.
b. Upon demurrer to evidence filed by the accused with or w/o leave of

court.
JUDGMENT
- The adjudication by the court that the accused is guilty or not guilty
of the offense charged and the imposition on him of the proper
penalty and civil liability.
- It must be written in the official language prepared by the judge
and signed by him.
- Shall contain clearly and distinctly a statement of the facts and the
law upon which it is based.
JUDGMENT
a. If convicted:
1. Legal qualification of the offense and the aggravating/mitigating
circumstances which attended its commission;
2. The participation of the accused in the offense (principal, accomplice,
accessory);
3. Penalty imposed upon the accused;
4. Civil liability or damages to be recovered by the offended party
JUDGMENT
b. If acquitted
- Shall state whether the evidence of prosecution

absolutely failed to prove the guilt of the accused or
merely failed to prove his guilt beyond reasonable doubt.
JUDGMENT
Judgment for two or more offenses (if accused fails to object)

- The court may convict an accused of many offenses as charged and
proved and impose him the penalty for each offense
Promulgation of judgment
- By reading it in the presence of the accused and any judge of the court
it was rendered
RECONSIDERATION / NEW TRIAL
- Any time before a judgment of conviction becomes final.
Grounds:
- Errors of law or irregularities prejudicial to the rights of the accused.
ex. The right to a speedy trial
- New and material evidence has been discovered which if introduced
and admitted would change the judgment .
APPEAL
- Any party may appeal from a judgment, unless the accused will be
placed in double jeopardy.
Where to:
1. To the RTC - in cases decided by MetroTC, MTC, MCTC
2. To the CA – in cases decided by the RTC
3. To the SC – IN cases decided by the CA
CORRECTION
HISTORY
SPANISH PERIOD
• During the Spanish regime an organized
corrective service was made operational.
• Old Bilibid prison in Oroquieta Street, Manila,
was established in 1847 pursuant to Section 1708
of the Revised Administrative Code. It was
formally opened by a Royal Decree in 1865.
• August 21, 1869, the San Ramon prison and penal
farm in Zamboanga City was established to
confine Muslim rebels and political prisoners
opposed to the Spanish rule.
ENGLISH PERIOD
• The Bureau of Prisons was created under the
Reorganization Act of 1905. (Act No. 1407
dated November 1, 1905) as an agency under
the Department of Commerce and Police. It
also paved the way for the re-establishment of
San Ramon Prison in 1907 which was
destroyed during the Spanish-American War.
On January 1, 1915, the San Ramon Prison
was placed under the auspices of the Bureau
of Prisons and started receiving prisoners from
Mindanao.
ENGLISH PERIOD
• 1904 the Luhit penal settlement (now Iwahig
Prison and Penal Farm) on a vast reservation of
28,072 hectares. It would reach an aggregate
total land area of 40,000 hectares in the late
1950s. It was located on the westernmost part of
the archipelago and far from the main town to
confine incorrigibles who the government had
found little hope of rehabilitation. The area was
expanded to 41,007 hectares by virtue of
Executive Order No. 67 issued by Governor
Newton Gilbert on October 15, 1912.
ENGLISH PERIOD
• On November 27, 1929, the Correctional
Institution for Women (CIW) was created
under Act No. 3579 while Davao Penal Colony
in Southern Mindanao was opened in 1932
under Act No. 3732. The CIW was founded to
provide separate facilities for women
offenders and to cater to their gender
difference. To date, it is the lone women’s
prison in the country.
ENGLISH PERIOD
• Owing to the increasing number of committals

to the Old Bilibid Prison in Manila, the New
Bilibid Prison was established in 1935 in a
southern suburb of Muntinlupa, Rizal. The old
prison was transformed into a receiving center
and as a storage facility for farm produce
coming from the colonies.
AFTER AMERICAN REGIME
• Sablayan Prison and penal farm in Occidental
Mindoro under Proclamation No. 72 issued on
September 26, 1954 and Leyte Regional Prison
under Proclamation No. 1101 issued on January
16, 1973.
• The Bureau of Prisons was renamed Bureau of
Corrections under the New Administrative Code
of 1987 issued on November 23, 1987 and
Proclamation no. 495 of the President. It is one of
the attached agencies under the supervision and
control of the Department of Justice.
TWO TYPES OF CORRECTION IN THE
PHILIPPINES
• Institutional Correction – correctional
programs take place inside the correctional
facility.
• Non-Institutional Correction – correctional
programs take place within the community.
Institutional Correction
• Bureau of Jail Management and Penology (under
DILG)
created by virtue of Republic Act No. 6975
exercises supervision and control over all “city and
municipal” jails
Jail – is a place of confinement for city and
municipal detainees/prisoners, any fugitive from justice,
or person detained awaiting or undergoing investigation
or trial and/or pending transfer to the National
Penitentiary, and/or violent, mentally ill person who
endangers him/herself or the safety of others, duly
certified as such by the proper medical or health officer,
pending transfer to a mental institution
Type of Jails:
DISTRICT JAIL - In large cities or a group of clustered municipalities, a
district jail headed by a district warden may be established.
-is a facility or a place of confinement for inmates coming from a city
or clustered municipalities who are waiting or undergoing trial or
serving sentence of one (1) day to three (3) years.
CITY AND MUNICIPAL JAILS - The BJMP operates and maintains city
and municipal jails, each headed by a city or municipal warden, as
the case may be.
-is a facility or a place of confinement for those inmates who are
sentenced with a penalty from (1) one day to three (3) year
imprisonment.
Provincial Jail – is a facility or a place of confinement for inmates
who are sentenced with imprisonment from six (6) months and (1)
one to three (3) year imprisonment.
CATEGORIES OF INMATES
• The two (2) general categories of inmates are:

a. Prisoner - inmate who is convicted by final
judgment; and
• b. Detainee - inmate who is undergoing
investigation/trial or awaiting final judgment.
CLASSIFICATION OF PRISONERS
• The four (4) main classes of prisoners are:
• a. Insular Prisoner - one who is sentenced to a
prison term of three (3) years and one (1) day to
reclusion Perpetua or life imprisonment;
• b. Provincial Prisoner - one who is sentenced to a
prison term of six (6) months and one (1) day to
three (3) years;
• c. City Prisoner - one who is sentenced to a prison
term of one (1) day to three (3) years; and
• d. Municipal Prisoner - one who is sentenced to a
prison term of one (1) day to six (6) months.
CLASSIFICATION OF DETAINEES
• a. Undergoing investigation;
• b. Awaiting or undergoing trial; and
• c. Awaiting final judgment.
INMATES SECURITY CLASSIFICATION
-The following are the classifications of inmates according to security risk each
may pose:
a. High Profile Inmate - those who require increased security based on
intense media coverage or public concern as a result of their offense such
as but not limited to those who have been involved in a highly controversial
or sensationalized crime (SADISM, MUTILATION) or those who became
prominent for being a politician, government official, multi-million
entrepreneur, religious or cause-oriented group leader and movie or
television personality.
b. High Risk Inmate - those who are considered highly dangerous and who
require a greater degree of security, control and supervision because of
their deemed capability of escape, of being rescued, and their ability to
launch or spearhead acts of violence inside the jail. This includes those
charged with heinous crimes such as murder, kidnapping for ransom,
economic sabotage (profiteering -the act or activity of making an
unreasonable profit on the sale of essential goods especially during times
of emergency), syndicated or organized crimes, etc. Also included are
inmates with military or police trainings or those whose life is in danger or
under imminent threat.
c. High Value Target (HVT) - a target, either a
resource or a person, who may either be an enemy
combatant, high ranking official or a civilian in
danger of capture or death, typically in possession
of critical intelligence, data, or authority marked as
an objective for a mission and which a commander
requires for the successful completion of the same.
d. Security Threat Group - any formal or informal
ongoing inmates’ group, gang, organization or
association consisting of three or more members
falling into one of the following basic categories:
street gangs, prison gangs, outlaw gangs, traditional
organized crime, aboriginal gangs, subversive
groups and terrorist organizations.
e. Subversive Group - a group of persons that
adopts or advocates subversive principles or
policies tending to overthrow or undermine an
established government.
f. Terrorist Group –politically motivated , causes
fear, identified targets, international/domestic.
g. Violent Extremist Offender (VEO) - a person whose political
or religious ideologies are considered far outside the
mainstream attitudes of the society or who violates common
moral standards and who has adopted an increasingly extreme
ideals and aspirations resorting to the employment of violence
in the furtherance of his/her beliefs.
h. Medium Risk Inmates -those who represent a moderate risk
to the public and staff. These inmates still require greater
security, control and supervision as they might escape from
and might commit violence inside the jail.
i. Minimum Risk Inmates (Ordinary Inmates) - those inmates
who have lesser tendencies to commit offenses and generally
pose the least risk to public safety. In most cases, they may be
first time offenders and are charged with light offenses.
Bureau of Corrections (BuCor)
• formerly known as the Bureau of Prisons

• an agency under the DOJ
• RA 10575 – AKA “Bureau of Corrections Act of
2013”
charged with custody and rehabilitation of national
offenders, that is, those sentenced to serve a term
of imprisonment of more than three (3) years
• Prison – an institution for the imprisonment of
persons convicted of major or serious crimes with
more than 3 years of penalty
PRISON FACILITIES
1. New Bilibid Prison
2. San Ramon Prison and Penal Farm
3. Iwahig Penal Colony
4. Correctional Institution for Women
5. Davao Penal Colony
6. Sablayan Prison and Penal Farm
7. Leyte Regional Prison
Non-Institutional Correction
Probation
• it is a disposition under which an accused, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a
probation officer.
• PD 968 – the law on Probation
Parole
• an instance by which prisoners are released on the basis
of their response to the correctional institution and
service programs and by which they are provided with
necessary control and guidance as they serve the
remainder of their sentence in a free community
• provided by Act No. 4103 (Indeterminate Sentence Law)
• Post Sentence Investigation
An offender or his counsel file a petition for

probation with the trial court, which in turn orders
the probation officer to conduct a post-sentence
investigation to determine whether or not an
offender may be placed on probation. The grant of
probation is premised upon three conditions: 1) an
application for probation by the offender 2) an
investigation conducted by the probation and
parole officer 3) a determination of by the court
that the ends of justice and the best interest of the
public, as well as the offender, shall be served
thereby. The grant of probation in effect suspends
the execution of the sentence of imprisonment.
Pre-Parole Investigation
• In Resolution No.229, the Board of Pardons and Parole on
April 22, 1991, directed the Parole and Probation
Administration to conduct a pre-parole investigation of all
sentenced prisoners confined in prisons and jails within
their jurisdiction. The purpose of which is to determine
whether offenders in prison may be qualified for parole or
any form of executive clemency and to discuss with them
their plan after their release. The probation and parole
officers submit their pre-parole assessment report to the
Board of Pardons and Parole.
• Offenders sentenced under the Indeterminate
Sentence Law are eligible for parole after serving their
minimum sentence. The Rules of the Board of Pardons and
Parole also provide that they may be considered for
conditional pardon after service of one-half of their
minimum sentence.
Supervision of Offenders
• The Parole and Probation Administration
supervises two types of offenders under
conditional release:
• (1) Probationers or persons placed under
probation by the courts and,
• (2) Parolees and Pardonees or prisoners
released on parole or conditional pardon and
referred by the Board of Pardons and Parole to
the Parole and Probation Administration.
Conditions of Probation
• The grant of probation is accompanied by

conditions imposed by the court. There are
two types of conditions that must be adhered
to. These are the general mandatory
conditions and the discretionary conditions
which are both incorporated in every
probation order issued by the court.
Mandatory Conditions
• The mandatory conditions require that the
probationer shall
• (a) present himself to the probation officer
assigned to undertake the supervision at each
place as may be specified in the order within
72 hours from receipt of said order. and,
• (b) report to the probation officer at least
once a month at such time and place as
specified by the said order.
OTHER ASPECTS OF CORRECTIONS
• Executive Clemency
It shall refer to Absolute Pardon, Conditional Pardon with or without
Parole conditions, and Commutation of Sentence as may be granted by
the President of the Philippines.
A. Pardon It is a form of executive clemency granted by the President of
the Philippines as a privilege to a convict as a discretionary act of
grace.
B. The following are the two types of pardon:
• Absolute Pardon – It refers to the total extinction of the criminal
liability of the individual to whom it is granted without any condition
whatsoever and restores to the individual his civil rights and remits
the penalty imposed for the particular offense of which he was
convicted.
• Conditional Pardon – refers to the exemption of an individual, within
certain limits or conditions; from the punishment that the law inflicts for
the offense he has committed resulting in the partial extinction of his
criminal liability.
B. Amnesty – A general pardon extended to a group
of persons, such as a political offender purposely to
bring about the return of dissidents to their home
and to restore peace and order in the community.
C. Commutation of Sentence – An act of the
president changing/ reducing a heavier sentence to a
lighter one or a longer-term into a shorter term. It
may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the
offender but merely reduces the penalty pronounced
by the court.
D. Reprieve – A temporary stay of the execution of a
sentence especially the execution of the death
sentence. Generally, Reprieve is extended to
prisoners sentenced to death.
The contribution of the Community Pillar in the
Criminal Justice System.
COMMUNITY
“Community means lending a ready hand as

responsible and productive citizen, instead of
depending on or blaming others, including
government. It means actively helping build the
nation, rather than just watching, cheering or
jeering from the sideline”.
Community defined
• A community is a group of persons living in a particular
place.
• It refers to a society or body of people living in the
same place, under the same laws and regulations
which have common rights, privileges, or interest.
• When applied to CJS, it is not limited to persons, it
includes homes, family, government, schools, churches
and etc.
• It is the fifth pillar and known as the core of the
Criminal Justice System.
• It may also refer to the local government, together
with the society of individuals or institutions, both
public and private, in which a child lives.
Community-Based Crime Prevention
Program
Strategies
• Reinforcing the home and family life
• Educational improvement
• Health improvement
• Involvement of religion
• Involvement of Mass Media
• Involvement of other Community Group Services
• Citizen’s involvement as a whole
• Coordination of Community Crime Prevention
Activities
Barangay Justice System
• Katarungang Pambarangay Law – PD 1508
– It provides for resolution of disputes at the

Barangay level in order to achieve peace and
harmony within the community and to provide an
accessible and effective form of justice for
community members.
What is Barangay? What is its role?
This refers as the basic political unit, serves

as the primary planning and implementing unit
of the government policies, plans, programs,
projects, and activities in the community, and as
forum wherein the collective views of the
people may be expressed, crystallized and
considered, and where disputes may be
amicably settled.
Principle of Amicable Settlement
Mediation
A face-to-face disputes process with the Punong Barangay as
mediator assisting the negotiating disputants in defining issue and
interest, reviewing interest, exploring solutions and developing mutually
acceptable settlements.
Conciliation
A form of mediation where the Pangkat na Tagapagkasundo assists
the parties in formulating their own agreement in a face-to-face meeting.
Arbitration
A face-to-face dispute resolution process whereby the Punong
Barangay or the Pangkat na Tagapagkasundo, acting as an arbitrator makes
a decision based on the facts presented by 2 parties.
Organizational Structure of the
Lupons
Lupong Tagapamayapa (Lupon)
• This is composed of ten (10) to twenty (20) people.
• Exercises administrative supervision over the conciliation
panels provided under the law.
• Meets regularly once a month to provide a forum for
exchange of ideas among its members and the public on
matters relevant to amicable settlement disputes, and to
enable various conciliation panel members to share with
one another their observations and experiences in effecting
speedy resolution of disputes.
• Exercises such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.
Organizational Structure of the
Lupons
Pangkat na Tagapagkasundo
• In each lupon (committee) there is a
Conciliation Body (Pangkat Tagapagkasundo),
• This is composed of a panel of 3 mediators.
• the main function of which is to bring
opposing parties together and effect amicable
settlement of differences. The committee…
The lupon of each Barangay has jurisdiction to
amicably settle all disputes betweean parties
residing in the same city or municipality: Except;
offenses punishable by imprisonment exceeding

one (1) year or a fine exceeding Five Thousand
(PhP5,000.00) Pesos

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Philippine Criminal Justice System

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OVERVIEW OF THE SYSTEM

OVERVIEW OF THE SYSTEM

Criminology Criminal Justice

Involves people part of

Adult CJS Juvenile CJS

The study of such criminal justice system

FOUR PRIMARY COOPERATIVE EFFORT

- On July 17, 1998, its founding

• First line of defense against

• Regulation of Non-criminal conduct

• Performance of related Miscellaneous Services

The State shall establish and maintain one

The authority of local executives over the

RA 6975 Department of the Interior and Local

Imploring the aid of the almighty, by 2030,

To enforce the law, to prevent and control

• ENFORCE ALL LAWS AND ORDINANCE RELATIVE TO THE

Thomas Dugan &

• Vested by law to police officers

• Arrest: the taking of a person into

The person making the arrest may conduct

To execute the warrant of arrest

The warrant should be executed within 10 days from

a. In flagrante delicto arrest

b. Doctrine of hot pursuit

e. Arrest of ‘’fly-risk’’ accused

a. A senator or member of the House of Rep. shall,

b. Ambassadors and Ministers of foreign countries

Arrest may be made on any day and at any time of

Every person summoned to assist an

Every person summoned to assist an

a. The right of officer to break into building or enclosure

Any court with territorial jurisdiction

DOJ April 11, 1987

Art XI, 1987 Constitution

How criminal action is instituted?

a. When PI is required – to the proper office.

Prosecution of Criminal Actions

A minor has the right to initiate the prosecution

Failure of the accused to object before arraignment he may

• Art. 2 RPC Art. 2 RPC

enumerates several instances where extra-territorial application

- Is an inquiry to determine whether there is sufficient

1. Who may conduct PI

However, the subject may ask for PI w/in 5 days (from

Within 10 days after the filing, the investigating officer

If subpoena is issued, respondent shall submit a counter-

Resolution of investigating prosecutor

- In this stage judicial determination of the guilt or

- Administrative Code of 1917: ordained SC as the

- majority of member were Americans

- Is a governmental body officially assembled under

- Is the duty of the court to settle actual controversies

- Is the authority to hear and try a particular offense

Requisites for valid exercise:

Over Complex Crimes

Over Continuing crimes

Sec. 13, Art 3 of the 1987 Philippine Constitution