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CRIM. 2: CRIMINAL JUSTICE SYSTEM CRIMINAL

JSUTICE SYSTEM
- comprise all the means used to enforce those standards of conduct which are deemed
necessary to protect individuals and to maintain general community well being.
- The sum total of instrumentation which a society uses in the prevention and control of crime and
delinquency.

- The machinery of the state or government which enforces the rules of conduct necessary to protect life
and property and to maintain peace and order.

- Comprises all means used to enforce these standards of conduct, which are deemed necessary to
protect individuals and to maintain general well-being of the community.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of the Criminal Justice System

Criminal Law is the basis that takes place in the Criminal Justice System.

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 Only violations of Criminal Law are being considered and processed in the Criminal Justice System. Where
no violation of Criminal Law or where no commission of the crime, in general, Criminal Justice as a process will
not operate.

CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their punishment.

TWO CLASSIFICATION OF CRIMINAL LAW

A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal
Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE SYSTEM
IN THE PHILIPPINES
A. First is the “presumption of innocence”. This means that those who are accused of crimes are considered
innocent until proven guilty. The accused is entitled to all the rights of the citizens until the accused’s guilt
has been determined by the court of law or by the accused’s acknowledgment of his guilt that he or she
indeed committed the crime.
B. The second principle is “the burden of proof” which in criminal cases means that the government must
prove beyond “reasonable doubt” that the suspect committed the crime

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until
proven guilty.
CONCEPT OF PROOF BEYOND REASONABLE DOUBT
In order to make sure that only those who are guilty of the crime as punished, our Rules on Evidence
provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond
reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty is only required, or that degree of proof which produces conviction
in an unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or she committed the
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 crime regardless whether or not it has been reported to the Police for investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process and upon
determination by the Court that he or she is guilty beyond reasonable doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process and went
through all the pillars of the Criminal Justice System
THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the Preliminary
Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgement has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can really
be considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF ABSOLUTELY

1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO ADMINISTER
JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department of the
Interior and Local Government (DILG); while the National Bureau of Investigation is an agency attached
to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional body independent
from even the three major and co equal branch of the government;
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 3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and Special Criminal Courts,
are under the Supervision and control of Supreme Courts. Although, judges of the Municipal Trial Courts,
Municipal Circuit Trial Courts, at times are tasked to perform executive functions when they are
conducting Preliminary Investigation which is primarily an Executive function.
4. The Correctional Institutions are either under the DOJ or DILG.
- The Bureau of Prison or the National Penitentiary is under the DOJ;
- By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP) is in charge of the City or
Municipal Jails while the Provincial government is in charge of the Provincial jails. Both are under the DILG.
PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM
1. Primary goals
a. Maintenance of peace and order
b. Protect members of the society
2. Secondary goals or sub-goals
a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate the criminal
law.
f. The suppression of criminal conduct by apprehending offenders for whom prevention is
ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

1. The Adversarial Approach
The adversarial approach assumes innocence. The prosecutor representing the State must prove the guilt.
The adversary approach requires that the proper procedures are followed, procedures designed to
protect the rights of the accused.
The adversary system embodies the basic concept of equal protection and due process. These concepts
are necessary in order to create a system in which the accused has a fair chance against the tremendous
powers of the prosecutors and the resources of the State.
2. The Inquisitorial approach:
The inquisitorial system assumes guilt; the accused must prove that they are innocent. The inquisitorial
approach places a greater emphasis on conviction rather than on the process by which the conviction is
secured.

The philosophy adopted in our Criminal Justice System is the Adversarial Approach. CONCEPT OF

DUE PROCESS OF LAW

The concept of due process means that those who are accused of the crimes and those who are processed
through the Criminal Justice System must be given the basic rights guaranteed by the Constitution.
Criminal due process requires that the accused be tried by an impartial and competent court in
accordance with the procedure prescribed by law and with proper observance of all the rights accorded
to him under the Constitution and applicable statute.
CONCEPT OF EQUAL PROTECTION
The equal protection clause in essence declares that the state may not attempt to create or enforce
statutes against a person solely because of specific characteristics such as race, age or sex

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 I. LAW ENFORCEMENT – The First Pillar in the administration of the Criminal Justice System

Law Enforcement in relation to CJS

The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of the
Criminal Justice System. It is considered as “the initiator of the actions” that other pillars must act upon to attain
its goal or objective.
Examples of police initiating action:
a. effecting an arrest
b. surveillance
c. crime investigation

THE GENERAL FUNCTIONS OF THE LAW ENFORCEMENT IN RELATION TO THE ADMINISTRATION

OF THE CJS
a. To prevent criminal behavior.
b. To reduce crime.
c. To apprehend and arrest offenders.
d. To protect the life and property.
e. To regulate non-criminal conduct.

PHILIPPINE NATIONAL POLICE

- organized pursuant to RA 6975, as amended by RA 8551

PERTINENT LAWS ON PNP:

RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990
RA 8551 - “PNP Reform and Reorganization Act of 1998.
- Approved on February 25, 1998.
RA 9708 - “An Act extending for 5 years the reglementary period for complying the minimum educational
qualification for appointment to the PNP and adjusting the promotion system thereof”. Approved on August 12,
2009

The Philippine National Police is a law enforcement agency under the DILG. It is under administrative control and
operational supervision of the National Police Commission. It is an organization that is national in scope and
civilian in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution:

“The state shall establish and maintain one police force which shall be national in scope and civilian in
character…”

-headed by the Chief, PNP, with the rank of Director General, appointed by the President and

who shall serve a term of office of four (4) years.

NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth of
the Philippine archipelago.
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 - all uniformed and non-uniformed personnel of the PNP are national government employees.

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some military attributes such as
discipline.

POWERS AND FUNCTIONS OF THE PNP

-Enforce all laws and ordinances relative to the protection of lives and properties;
-Maintain peace and order and take all necessary steps to ensure public safety;
-Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in
their prosecution;
-Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent
laws;
-Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained
of all his rights under the Constitution;
-Issue licenses for the possession of firearms and explosives in accordance with law;
-Supervise and control the training and operations of security agencies and issue licenses to operate security
agencies and to security guards and private detectives, for the purpose of their professions.

NATIONAL BUREAU OF INVESTIGATION

-The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon
- approval of Commonwealth Act No. 181 by the legislature
-Tasked with organizing a Division of Investigation or DI patterned after the United States Federal Bureau of
Investigation were Thomas Dugan, a veteran American police captain from the New
York Police Department and Flaviano C. Guerrero, the only Filipino member of the United States Federal Bureau
of Investigation.
-On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation. Later, it
was amended by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the
National Bureau of Investigation (NBI).
-The NBI is a government entity that is civilian in character, and national in scope which is under the Department
of Justice.

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its own initiative and as
public interest may require;
2. Assist, when officially requested in the investigation or detection of crimes and other offenses;
3. Act as national clearing house of criminal records and other information for use of all prosecuting and
law enforcement entities in the Philippines, of identification records of identifying marks, characteristics
and ownership or possession of all firearms and test bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of the government, and
courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in nature in which the government
is interested;
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 6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches in furtherance
of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and order;
8. Undertake the instruction and training of a representative number of city and municipal peace officers at
the request of their respective superiors along effective methods of crime investigation and detection in
order to insure greater efficiency in the discharge of their duties.

POLICE RULES AND FUNCTIONS IN THE SOCIETY

Basically, the role of the police in society is crime prevention which is the main goal of the CJS.

CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF CJS

Through crime detection, the police is typically the first component of the justice system to deal with the
commission of the crime.

How are crime detection usually happens?

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

MEANING OF ARREST:
– Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS

Arrest is important in the administration of Criminal Justice System because if the accused is not arrested,
the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the
authorities.
PROBABALE CAUSE IN EFFECTING ARREST
Probable cause with respect to arrest is such a fact 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.

SEARCH WARRANT
It is an order in writing issued in the name of the people of the Philippines signed by the judge and directed
to the peace officer, commanding him to search for personal property and bring it before the court.

REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST

A search warrant shall be issued only upon (a) upon probable cause (b) in connection with one specific
offense ( c) to be determined personally by the judge (d) after examination under oath or affirmation of the

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 complainant and the witnesses he may produce and (e) particularly describing the place to be search and the
thing to be seized.

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

GENERAL RULE IN EFFECTING AN ARREST:

The general rule in effecting an arrest is simply to make an arrest when there is a warrant.
Reason:
a. For the protection of the person making the arrest in order not to be charged criminally for violation of
Article 124 of the Revised Penal Code, and other related penal laws;
b. and also for any civil and administrative charges.

EXCEPTION TO THE GENERAL RULE:

The exception to the general rule is provided by the Revise Rules on Criminal Procedures (Rule 113, Section
5)
Arrest without warrant; when lawful. – A peace officer or a private person may, without a warrant, arrest a
person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
(b) When an offense has just been committed and he has probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he
is serving final judgment or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

GENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly issued search and
warrant.

The Reason:
a. For the protection of the searcher not to be charged of a crime of theft, robbery and the like;
b. And for any civil and administrative liabilities
EXCEPTIONS:
a. Warrantless search incidental to a lawful arrest
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

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EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST AND SEARCH AND SEIZURE IS NOT
ADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED
The evidence obtained is not admissible against the accused in any proceedings. The rule not admitting
any unlawfully obtained evidence against the accused is referred to “the exclusionary rule” because the same is
said to be “the fruit of the poisonous tree”.

CRIMINAL INVESTIGATION
Is an art, which deals with identity and location of the offender and provides evidence of his guilt in
criminal proceedings.

Importance of Criminal Investigation in the Administration of CJS

Criminal Investigation is important in the administration of the CJS because one of the purpose of criminal
investigation is to gather and preserve evidence that will both justify their enforcement action in particular case
as well as enable the fact finding process of the courts and the prosecution of the case successfully and obtain
conviction.

Republic Act No. 7438, April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF.

POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS

As defined by Kenneth Culp Davis, discretion means the freedom to make a choice among possible courses
of action.
By the very nature of their work, police officers normally make critical decisions involving the life, liberty,
honor and property of citizens, and these requires discretion on their part.

SOME OF THE EXAMPLES OF POLICE DISCRETION:

a. Whether or not to enforce a specific law;
b. Whether or not to conduct search of people or building
c. Whether or not to effect an arrest;
d. To determine what charges are to be filed

II. PROSECUTION – The second Pillar of the Criminal Justice System

PROSECUTION AS A PILLAR OF THE CJS

The Prosecution as the pillar of the CJS simply means “a criminal action”. 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 is also used to designate the government as the party to the proceeding in a criminal
action.

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IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?
In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution of criminal
actions in court. The Revised Rules of Court expressly provides that the prosecution has the direction and control
of the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is absent, the
offended party, any peace officer, or public officer charged with the enforcement of the law violated may
prosecute the case. But such authority shall cease upon actual intervention of the prosecutor r upon elevated to
the RTC.
NATIONAL PROSECETION SERVICE (NPS)
The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial
arm of the government. Its most important function in the Criminal Justice System is to maintain and recognize
the rule of law through the speedy delivery of services particularly in the investigation and prosecution of all
crimes under the Revised Penal Code, Presidential Decrees and other special penal laws.

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation
b. To make proper recommendation during the inquest of the case referred to them by the police after the
investigation of the suspect;
c. To represent the government or state during the prosecution of the case against the accused;
d. To act as a legal officer of the province or City in the absence of its legal officer;
e. To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors, including the
support staff of the National Prosecution Service (NPS).

PRELIMINARY INVESTIGATION:
It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to
engender a well founded belief that a crime has been committed and that the respondent is probably guilty
thereof, and be held for trial (Section 1, Rule 112, Rules of Court).

PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether there is probable cause to believe that
the accused is guilty thereof;
b. To secure the innocent against hasty, malicious and oppressive prosecution.
c. To protect the State from useless and expensive trials.

CAN THERE BE PRELIMINARY INVESTIGATION?

Preliminary Investigation is required to be conducted before the filing of the Complaint or Information
for an offense where the penalty prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the fine.

INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE CONDUCTED EVEN IF THE

CRIME IS ONE THAT REQUIRES PRELIMINARY INVESTIGATION
When the offender was arrested without a warrant, an Inquest investigation will be conducted by the
inquest investigator. There is no need to conduct Preliminary Investigation, unless the person arrested ask for
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 Preliminary Investigation. However, before the same can be done, he must sign a waiver under the provision of
Art. 125 of the Revised Penal Code.
An INQUEST shall refer to an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant issued by the court for
the purpose of determining whether or not said person should remain under the custody and correspondingly
charged in court.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.

OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION:

a. The Ombudsman and special prosecutor ad prosecutors duly authorized by the Ombudsman with respect
to cases under its jurisdiction (ex. Anti-graft and corrupt practices act.)
b. The COMELEC with respect to cases in violation of the Election Law;
c. Private Lawyers when duly deputized by any of the above.

PROSECUTOR’S DISCRETION:
a. Whether or not to file the case in court;
b. What charges to file;
c. Whether or not to decline to prosecute the arrested party;
d. Whether or not to enter into plea-bargaining

SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME CRIMINAL CASES:
a. Insufficient evidence that results from a failure to find sufficient physical evidence that links the
defendant to the offense.
b. Witness problem that arise for example, when a witness fails to appear, gives unclear or inconsistent
statements, is reluctant to testify, is unsure of identity of the offender.
c. Due Process Problems that involves the violations of the Constitutional requirements for seizing
evidence and for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A
CRIME:
a. File a motion for consideration
b. File an administrative case against the Prosecutor;
c. File a civil case against the Prosecutor;
d. File a criminal case against the Prosecutor

III. COURT – The third pillar of the Criminal Justice System

General functions of the Courts in relation of the CJS:

1. To protect the rights of the accused – the courts are responsible for reviewing the actions of law
enforcement agencies to ensure that the police have not violated the rights of the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all the evidences presented
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 by the police to determine its relevance and admissibility in accordance with the Constitution and the
rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the responsibility to examine the
background of the accused and the circumstances of the crime;
4. To protect the society – after the accused has been found guilty, the court may determine if the offender
should be removed from society and incarcerated in order to protect the safety of life and property and
this is specially in case of Probation;
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper penalty and
sanctions that will serve to deter the future criminal acts by the offender an also serve as an example and
deterrent to others who would commit criminal acts or threaten public safety.

IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS:

Because the Court is the final arbiter of all disputes involving violations of criminal law.
Basic is the principle in law that we are a government of law and that no one should put the law into
one’s own hand. Otherwise, our Society will be one where chaos and anarchy reign supreme.

GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS

1. To protect the rights of the accused. The courts are responsible for the reviewing the actions of law
enforcement agencies to ensure that the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime. Review all the evidences presented by
the police to determine its relevance and admissibility in accordance with the Constitution and the rules of court.
3. To dispose properly of those convicted of the crimes. The Courts have the responsibility to examine the
background of the accused and the circumstances of the crime.
4. To protect the society. After the accused has been found guilty, the court may determine if the offender should
be removed from society and incarcerated in order to protect the safety of life and property and this is specially
true in case of Probation.
5. To prevent and reduce criminal behavior. This is the task properly imposing the proper penalty and sanctions
that will serve to deter the future criminal acts by the offender and also serve as an example and deterrent to
others who would commit criminal acts or threaten public safety.

JURISDICTION
It is the authority of the court to hear and try a particular offense and to impose the punishment
provided by law.

VENUE
Refers to the place, location or site where the case is to be heard on its merits.

DIFFERENT COURTS
1. Municipal Trial Court/Municipal Circuit Trial Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of city and Municipal ordinances, (b) all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine, (c) damage to property through
criminal negligence;
2. Regional Trial Court (RTC)
Original Jurisdiction: (a) those which carry the penalties exceeding six (6) years of imprisonment, (b) those
not covered by the jurisdiction of the Sandiganbayan.

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 3. Sandiganbayan
Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA 1379, ad Chapter II,
Section 2 Title VII, f Book II of the RPC.
1. officials of the executive branch of the government occupying the positions of regional director and
higher, otherwise classified as Grade 27 and higher.
2. Phillipine Army and Air force colonels, naval captain and all officers of higher rank.
3. Officer f the PNP (provincial director and those holding the rank of senior superintendent or higher
4. Court of Appeals.
Appellate jurisdiction: Decisions or judgements of the RTC
5. Supreme Court
Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan.

COURT’S EXERCISE OF DISCRETION:

a. To set bail or set conditions for the release of the accused;
b. To rule on the procedural matters as raised by the defendant or the prosecutor during the trial;
c. To impose sentence or not;
d. To convict or to acquit the accused;
e. To revoke probation or suspended sentence.

ARRAIGNMENT
It is the stage where the issues are joined in criminal action and without which the proceedings cannot
advance further.
It is the stage of the proceedings whereby the accused shall be informed of his/her constitutional right
to be (officially) informed of the nature and the cause of the accusation against him and to ask him of his plea.

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

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

WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED

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

ACQUITTAL
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted because the evidence
does not show that his guilt is beyond reasonable doubt.
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APPEAL
Appeal is a statutory right granted to the accused or even the government in proper cases to seek remedy
before an Appellate Court for the annulment or reversal of an adverse decision or conviction rendered by the Trial
Court.

WHO HAS THE RIGHT TO APPEAL?

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

IV. CORRECTIONS –The fourth pillar of the CJS

Corrections – deals with punishment, treatment and incarceration of offenders.
Corrections as the fourth pillar takes over the criminal treatment once the accused, after having been
found guilty, is meted out the penalty for the crime he committed. He can apply for probation or he could be
turned over to a non – institutional or institutional agency or facility for custodial treatment and rehabilitation.

GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF CJS

1. To maintain the institutions – the correctional component is responsible for maintaining prisons, jails
and other institutional facilities to receive convicted offenders sentence to periods of incarceration.
2. To protect law abiding members of society – Corrections custody and security in order to keep sentenced
offenders removed from the free world so that they cannot commit further crimes on society.
3. To reform offenders – It is responsible for developing and providing services to assist incarcerated
offenders to reform and assist them in returning to society and in leading a non-criminal life after his/her
release.
4. To deter crimes – It is responsible for encouraging incarcerated and potential offenders to lead law-
abiding lives the experience of incarceration and the denial of freedom to live in a free society.
TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of the accused has become
final and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the
enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for custody or detention
only, in which case the court issues a COMMITMENT ORDER.

MITTIMUS
It is a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison
authorities to receive the convicted offender for service of sentence.

COMMITMENT ORDER
It is a written order of a court or authority consigning a person to jail or prison for detention.

PURPOSES OF CORRECTION
1. Deterrence.
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 2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.

DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES:

1. Sablayan Prison and Penal Farm – located in Occidental Mindoro. Established on September 26, 1954 by
virtue of Presidential Proclamation No. 72.
It is the youngest colony of the bureau.
2. Leyte Regional Prison – situated in Abuyog, Southern Leyte, established a year after declaration of Martial
law in 1972.
3. New Bilibid Prison – located in Muntinlupa, it was officially named New Bilibid Prison on January 22, 141.
4. Correctional Institution for Women – located at Mandaluyong City. Philippine Legislature passed
Republic Act 3579 in November 1929 which authorize the transfer of all women inmates from Old Bilibid
Prison to CIW. On February 14, 1931, the women prisoners were transferred from Old Bilibid Prison to the
building especially constructed to them. Its old name “Women’s Prison” was changed to “Correctional
Institution for Women”.
5. Iwahig Penal Colony – located at Palawan, established on November 16, 1904 by Governor Luke Wright.
6. San Ramon Prison and Penal Farm – established in Southern Zamboanga on August 21, 1870 through a
royal decree promulgated in 1869. Considered the oldest penal facility in the country. Originally
established for persons convicted of political crimes. It was here in Dapitan Zamboanga where Dr. Jose
Rizal was incarcerated.
7. Davao Penal Colony – located in Davao Del Norte, the first penal settlement founded and organized under
Filipino administration. It was formally established on January 21, 1932 by virtue of Act No. 3732.

CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. Institutional Corrections Agencies
a. Bureau of Corrections – an agency under the Department of Justice (DOJ) that is charged with custody and
rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more
than three (3) years. It exercises control and supervision of all the corrections/prisons facilities
nationwide.
b. Provincial Jails – a jail for the safekeeping of prisoners at the capital of each province, and in the absence
of special provision all expenses incident to the maintenance thereof and of maintaining prisoners are
borne by the province.

c. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act 6975, exercise
supervision and control over all district, city and municipal jail nationwide. Formally established on January
2, 1991.

CLASSIFICATION OF PRISONERS
1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.
2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.
2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6 months one day to 3 years
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 2.4 National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or Life
Imprisonment.
2. Non – Institutional Correctional Agencies
a. Parole and Probation Administration – an attached agency of the DOJ which provides a less costly
alternative to imprisonment of offenders who are likely to respond to individualized community based
treatment programs. Headed by an Administrator
- Handles the investigation of petitioners for probation, and the supervision of probationers,
parolees and conditional pardonees.
b. Board of Pardons and Parole –the administrative arm of the President of the Philippines in the exercise of
his constitutional power to grant, except in cases of impeachment, pardon, reprieve and amnesty after
conviction by final judgment.
History:
Act 4103, otherwise known as Indeterminate Sentence Law, took effect on December
4, 1933, created the Board of Indeterminate Sentence.
Amended by Executive Order No. 83, Series of 1937, renamed the Board of Indeterminate
Sentence to Board of Pardons.

Amended by Executive Order No. 94, abolished the Board of Pardons and created the
Board of Pardons and Parole.
c. Department of Social Welfare and Development (DSWD) – renders services for Children in Conflict with
the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006).
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from
criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.

Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare Council (JJWC) is hereby created and
attached to the Department of Justice and placed under its

administrative supervision. The JJWC shall be chaired by an undersecretary of the Department

of Social Welfare and Development

Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation, determine where
the case involving the child in conflict with the law should be referred.
The taking of the statement of the child shall be conducted in the presence of the following: (1) child's
counsel of choice or in the absence thereof, a lawyer from the Public Attorney's Office; (2) the child's parents,
guardian, or nearest relative, as the case may be; and (3) the local social welfare and development officer. In the
absence of the child's parents, guardian, or nearest relative, and the local social welfare and development officer,
the investigation shall be conducted in the presence of a representative of an NGO, religious group, or member
of the BCPC.

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 After the initial investigation, the local social worker conducting the same may do either of the
following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15)
but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment,
proceed to diversion under the following chapter.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in conflict with the law, and upon
application at any time, place the child on probation in lieu of service of his/her sentence taking into account the
best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the
"Probation Law of 1976", is hereby amended accordingly.

PROBATION
- Is a disposition under which a defendant after conviction and sentence, is released subject to conditions
imposed by the court and under the supervision of a probation officer.
- Is a privilege granted by the court to a person convicted of a criminal offense to remain in the community
instead of actually going to prison.

PARDON
Is 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 the crime he has committed. It is the
power reposed by the Constitution to the President of the Philippines.

KINDS OF PARDON
a. Absolute Pardon – when the convict is release without any condition;
b. Conditional Pardon – when the release of the convict is subject to certain conditions that the pardonee
must comply with strictly. Otherwise, such pardon will be revoked, because pardon is a contract with the
convict may or may not accept, but once accepted, he has to abide with the conditions prescribed.

PAROLE
Is a procedure by which prisoners are selected for release on the basis of the individual response to the
correctional institution and the service progress and by which they are provided with the necessary controls and
guidance as they serve the remainder of their sentences within the free community.

ELEMENTS OF PAROLE
a. That the offender is convicted;
b. That he serves part of his sentence in prison;
c. That he is released before the full expiration of his sentence;
d. That said release is conditional, and
e. That he remains on parole until the expiration of his maximum sentence.

DISQUALIFICATIONS:
a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of treason,
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 rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or Philippine waters;
c. They are habitual delinquents;
d. They escaped from confinement or evaded sentence;
e. They have been on conditional pardon and had violated any of the conditions imposed by the Board
f. Their sentence do not exceed one (1) year;
g. They are suffering from any mental disorder as proven by the government psychiatrist or psychologist
accredited by the Department of Health;
h. They have pending criminal cases.

AMNESTY
Is a general pardon extended to a group of prisoners and exercised by the President of the Philippines with
the concurrence of Congress. The recipients are usually political offenders.

V. COMMUNITY – The fifth pillar of the CJS

Role of the Community as the fifth pillar of the Criminal Justice System.
- the community is understood to mean as “ elements that are mobilized and energized to help authorities in
effectively addressing the law and order concern of the citizenry.”

The responsibilities of the community in relation to Law Enforcement

As one of the pillars or component of the Criminal Justice system, the community with its massive
membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:

a. identifying offenders;
b. giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized
crimes and syndicates;
c. volunteering as witnesses;
d. adopting precautionary and remedial measures to diminish crime.
As had been pointed out, crime prevention is not the sole responsibility of the police but is equally the
concern of every citizen in order to have a peaceful place to live in.[

Examples of Community participation in the Administration of Criminal Justice in our setting

a. They are the following:

1. The growing interest in the rights and welfare of the victim as shown by the government with the
cooperation of community leaders. Accordingly, R.A. No. 6981, otherwise known as the “Witness
protection and Security Act” was passed and approved on April 24, 1991.
This is to encourage the citizenry to participate in the Criminal Justice System by helping the government
and The community in dealing with crime and criminals.

The Creation of Police-Community Relations

R.A. 6975, created this unit in order to implement plans and programs that will promote community and citizens’
participation in the maintenance of peace and order and public safety.[2] It was created to
establish harmonious relationship between the police and the citizen. The community
involvement in the criminal justice system
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 is necessary to show its problems and encourage action for the solution thereof. It is clear that
the police and the citizens need each other to combat and eradicate criminality.

HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED?

This can be done through:

a. Constant dialogues between seminars to acquaint the barangay tanods and the police aides of their duties
and responsibilities in the performance of their functions in the community;
b. The police must follow the rule of law on dealing with the citizens by performing their duties in a humble
and efficient manner and by showing the public goodwill

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE 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 Q & A:
1) What is LUPONG TAGAPAMAYAPA?
It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON.
2) What shall be the 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).
3) Who are qualified 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.
4) When shall the Lupon be constituted?
The Lupon shall be constituted every three years.
5) What is the term of office of a Lupon member?
A Lupon member shall serve for a period of three years.
6) What is the 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.
7) What is PANGKAT TAGAPAGKASUNDO?
It shall act as the conciliation panel. It is also referred to as the PANGKAT.
8) What shall be the composition of the Pangkat?
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.
9) When shall the Pangkat be constituted?
The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
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 10) Who shall appoint the members of the Pangkat?
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.

11) What matters fall under the jurisdiction of the Lupon?

a) 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;
b) those involving parties that actually reside or work in the same barangay;
c) those involving marital and family disputes;
d) those involving minor disputes between neighbors;
e) those involving real properties located in the barangay;
12) Where shall be the venue for amicable settlement?
a) disputes between persons actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay;
b) those involving actual residents of different barangays within the same city or municipality shall
be brought in the barangay where the respondent actually resides;
c) all disputes involving real property or any interest shall be brought in the barangay where the real
property or the larger portion is situated;
d) 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

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) What shall the Chairman do 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) What shall the Pangkat do after its constitution?

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 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) Within how may days should the Pangkat settle the dispute?
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.
5) How shall the settlement be made official? All amicable
settlement shall be in writing.
6) Why should parties resort to amicable settlement before going to the police? 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.”
7) What shall be the 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.
CRIM. 3: ETHICS AND VALUES PART ONE -

GENERAL and SPECIAL ETHICS

ETHICS

- the science of the morality of human acts

- the study of the human motivation, and ultimately of human rational behaviour
- derived from the Greek word, ethos, which means characteristic way of acting and ethikos, which
means customary

MORALITY
- the quality which makes an act good or bad, good or evil, right or wrong

MORAL DISTINCTIONS
1) moral - good, right
2) immoral - bad, wrong
3) amoral - neither good nor bad

HUMAN ACTS
- acts that are done knowingly, deliberately and freely

ELEMENTS OF HUMAN ACTS

1) KNOWINGLY
- when the person fully understands what he is doing and has the ability to appreciate
the consequences of his actions
2) DELIBERATELY
- when the person did his actions intentionally
3) FREELY
- when the person performed his actions voluntarily

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