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IFUGAO STATE UNIVERSITY (IFSU) CRIMINOLOGY REVIEW-2014
Review Notes in Philippine Criminal Justice System

By Dr. Theodore M. Timpac
Preliminaries
1. Who is a criminal?
A criminal is a person convicted of a crime by a final judgment.
2. What is the definition of crime and what are its classifications?

A crime is an act or omission punishable by law, forbidding or commanding it. (Reyes, 2008)
3. What is the definition of justice?

Justice is the act of rendering what are due and treating persons equally. These persons must,
however, fall within the same classification. (Gacayan, 2006)
4. What is the meaning of system?

System is a combination of related elements organized into a complex whole. It may also refer to
the process to be followed. (Bloomsbury, 2007)
5. What is the meaning of Criminal Justice System?

Criminal Justice System is the machinery which society uses in the prevention and control of crime.
It may also refer to the totality of the activities of law enforcement, prosecution, court, correction, and
community in crime prevention and control. (Tradio, 1986)
6. What are the pillars of the criminal justice system? Briefly state their functions.
The pillars of Criminal Justice System, together with their functions, are as follows:
a. Law enforcement/Police;
The law enforcement conducts arrest, search, seizure, etc. This is the known as the prime
mover or front liner of the Criminal Justice System.
Take Note: It is not, however, accurate to consider Law Enforcement to be exactly the same
with Police. This is because there are other agencies of the government which are charged
with enforcing laws aside from the Philippine National Police. As for instance, the Bureau of
Internal Revenue (BIR) enforces tax laws.
b. Prosecution;
The prosecution conducts preliminary investigation to determine the existence of probable
cause. It may also conduct inquest proceeding to determine the validity of the arrest of a
person for the commission of a crime. If it finds out that there is probable cause in a
preliminary investigation or if the arrest is valid in an inquest proceeding, it must execute an
information to be filed in court.
c. Court;
The court conducts trial to determine the guilt of the accused.
d. Correction; and
The correction reforms and rehabilitates offenders. This is known as the weakest pillar of
Criminal Justice System.
e. Community
The community molds persons from birth and reintegrates offenders back to their home.
This is known as the core of Criminal Justice System. (Herrera, 2000; Reyes, 2008; Manwong
& Foronda, 2009)
Law Enforcement
1. What are the different police activities?

The different police activities include the following:
a. Prevention of crime;
Prevention of crime is intended to prevent root causes of crime.
Criminal Justice System By THEODORE M. TIMPAC, PH.D, LL.B; Review Director, TJS Review Center Page 1
b. Repression or suppression of crime;
Repression or suppression of crime is done to reduce the opportunity of committing
a crime like the act of conducting patrol.
c. Apprehension of offenders;
Apprehending offenders is also known as arresting offenders.
d. Conduct search and seizure;
e. Investigation of crime; and
f. Protection of lives and property. (Timpac, 2007; Manwong & Foronda, 2009)
What is the distinction between prevention of crime and repression/suppression of crime?
(The distinction between prevention of crime and repression/suppression of crime may be understood
by explaining first the Formula of Crime).
The formula of crime:
CRIME = Desire + Opportunity (to commit a crime)

Resistance (not to commit a crime)
 If the combination of Desire and Opportunity is stronger than Resistance, crime will be
committed.
 If the combination of Desire and Opportunity is weaker than Resistance, crime will not
be committed.
In prevention of crime, the law enforcement is strengthening the resistance and weakening
the desire of a person in committing a crime. In repression/suppression of crime, on the other
hand, the law enforcement is reducing the opportunity of a person in committing a crime, like the
act of conducting patrol.
Take Note: The term Resistance, as used above, refers to resistance against criminality. It does
not refer to body resistance against diseases. (Explanation of TMT incorporating University of
Baguio, 2009)
2. Define arrest. How shall it be conducted? What are the matters that must be considered while
conducting 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.
3. What is warrant of arrest? What are its requisites?

Warrant of arrest is an order in writing issued in the name of People of the Philippines, signed by
the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein
and deliver them before the court. (Gacayan, 2005)
The requisites of a valid warrant of arrest are the following:

a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination under oath or
affirmation of the complainant and the witnesses he may produce; and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution)
Take Note: Oath is applicable if the person making his affidavit believes in God, while affirmation is
applicable if he does not believe in God. (Classroom discussion of Pangda, 1999)
What is the life span of warrant of arrest?

As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if
several years already lapsed. However, the head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt.
Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution
shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant,
he shall state the reason for its non-execution but the validity of the warrant is not affected. (Sec 4,
Rule 113 of the Rules of Court).
As a rule, every arrest must be done by virtue of a warrant of arrest. What are the exemptions
to this rule?
The exemptions to this rule are as follows:
a. When in the presence of the arresting person, 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 the arresting person has probable cause to
believe based on personal knowledge of facts and circumstances that the person to be
arrested 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. (This is known as
fugitive of justice or escapee)
What if the person lawfully arrested escapes?

If a person lawfully arrested escapes, any person may immediately pursue or retake him without a
warrant at any time and in any place within the Philippines. This is known as Hot Pursuit. (Sec 13, Rule
113 of the Rules of Court & Gacayan, 2007)
Take Note: The phrase “Hot Pursuit” may also be called Fresh Pursuit. (Black, 1990)
4. What are the rights of police officers conducting arrest and what are the rights of arrested persons?
The rights of police officers conducting arrest are the following:
a. The right to summon assistance;
b. Right to break into building or enclosure; and
c. Right to break out from building or enclosure. (Secs 10 – 12, Rule 113 of the Rules of Court)
5. What are the crimes that may be committed by a police officer while conducting arrests, whether with
or without warrant? Give an example of each.
The crimes that may be committed by a police officer while conducting arrests, whether with or
without warrant, are as follows:
a. Delay in the Delivery of Detained Persons to the Proper Judicial Authority;
b. Unlawful Arrest; and
c. Expulsion.
6. Define Search Warrant. State the requisites of a valid Search Warrant.

Search Warrant is 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. (Sec 1, Rule 126 of the Rules of Court)
The requisites of a valid search warrant are the following:

a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination under oath or
affirmation of the complainant and the witnesses he may produce; and
c. Particularly describing the things and place to be searched. (Sec 2, Art 3 of the Philippine
Constitution)
Take Note: Search is defined as the act of looking into carefully in order to find some concealed items.
On the other hand, seizure is to take into custody of something. (Bloomsbury, 2007)
A search warrant may be issued for the search and seizure of the following personal properties:
a. Subject of the offense
b. Stolen or embezzled and other proceeds or fruits of the offense; and
c. Used or intended to be used as a means of committing a crime. (Sec 3, Rule 126 of the Rules
of Court)
Take Note: There are two kinds of properties and they are the real properties and the personal
properties. Real properties are those which cannot be transferred from one place to another. Some
examples of this are lands, buildings, roads, and the like. Personal properties, on the other hand, are
those which can be transferred from one place to another. Some examples of this are ammunitions,
firearms, clothes, and the like. (Gandeza, 2001)
When to serve a Search Warrant:

The search warrant must direct that it be served in the day time, unless the affidavit asserts that
the property is on the person or on the place ordered to be searched, in which case, a direction may
be inserted that it be served at any time of the day or night. (Sec 9, Rule 126 of the Rules of Court)
The life span of Search Warrant:

A search warrant shall be valid within ten (10) days from its date. Thereafter, it shall be void. (Sec
10, Rule 126 of the Rules of Court)
The distinctions between Warrant of arrest and Search warrant:

The distinctions between Warrant of arrest and Search warrant are the following:
a. The warrant of arrest and search warrant are orders in writing issued in the name of the
People of the Philippines, signed by a judge, and directed to a peace officer;
b. The warrant of arrest and search warrant are issued only upon probable cause;
c. The warrant of arrest is intended to arrest a person, while a search warrant is intended to
search and seize things specified therein;
d. The warrant of arrest remains valid as long as the person stated therein is not arrested
regardless of the number of days that already lapsed, while a search warrant is valid within ten
days from issue;
e. The warrant of arrest may not be in possession of the arresting person when conducting
arrest, while the search warrant must be in possession of the police officer when conducting
search and seizure; and
f. The warrant of arrest may be executed anytime of the day and night, while search warrant, as
rule, must be executed during daytime. (Personal interview with Prof. Luisito Pasigon,
November 26, 2010)
7. What is the rule in conducting search and seizure? What are the exemptions to this rule?
As a rule, every search and seizure must be done by virtue of a search warrant. The exemptions to
this rule include the following:
a. Consented search;
b. Search incidental to lawful arrest;
c. Plainview search;
d. Search in moving vehicle (Checkpoint); and
e. Customs search.
8. What are the crimes that may be committed by a policeman while conducting search? Give an
example of each crime?
The crimes that may be committed by a policeman while conducting search are the following:
a. Violation of Domicile;
b. Search warrants maliciously obtained;
c. Abuse in the authority of search warrants legally obtained; and
d. Searching domicile without witnesses.
9. In responding to the crime scene, what must be taken into consideration by a policeman?
Every policeman, in responding to a crime scene, must not forget to save life first. Apprehension of
criminals and preservation of evidence are the next priorities. (Timpac, 2009)
10. What is custodial investigation? What are its requisites?
Custodial investigation is any questioning initiated by law enforcement officers after a person has
been taken into custody of otherwise deprived of his freedom of action in any significant way.
(Gacayan, 2005)
It shall include the practice of issuing an “invitation” to a person who is investigated in connection
with an offense he is suspected to have committed, without prejudice to the liability of the “inviting”
officer for any violation of law. (Sec 2 of RA 7438)
The requisites of custodial investigation are as follows:

a. The questions being asked are no longer general inquiry; and
b. The person being questioned is considered as a suspect in the crime committed. (Fianza,
2005)
In a case of homicide, a policeman is interviewing a person to determine if that person can identify the
suspect. Is there custodial investigation in this case?
None yet, there is no custodial investigation in this case. This is because the person being
investigated is not yet considered as a suspect in the crime committed. This is even if in truth the
person being investigated is the one who committed the crime.
What if a person is already considered as a suspect so he is being investigated inside his own house
and the purpose of said investigation is to determine his participation in the crime committed, is there
custodial investigation?
Yes, there custodial investigation. This is because the determining factor in the existence of
custodial investigation is whether or not the requisites of custodial investigation are present. The place
of conducting investigation is not a determining factor.
What are the three tools or I’s of criminal investigation?

The three tools or I’s of criminal investigation are the following:
a. Information;
b. Interrogation; and
c. Instrumentation
Information defined:
Information is the knowledge which the investigator gathered and acquired from other persons.
Interrogation defined:
An interrogation is a questioning of a person suspected of having committed an offense or of a
person who is reluctant to make a full disclosure of information in his possession which is pertinent to
the investigation.
Interview defined:
An interview is the questioning of a person who is believed to possess knowledge that is of official
interest to the investigator. The person being questioned usually gives his account of an incident under
investigation or offers information concerning a person under investigated in his own manner and
words.
Instrumentation defined:
Instrumentation is the application of instruments and methods of physical science to the detection
of crime.
Interview and interrogation distinguished:

The term interview may be used to mean the simple questioning of a person who is cooperating
with the investigator, while interrogation is used to describe the vigorous questioning of one who is
reluctant to divulge information. (Tradio, 2003)
11. What are the rights of a person under custodial investigation?
The rights of a person under custodial investigation include the following:
a. Right to be informed of his right to remain silent;
b. Right to have a competent and independent counsel preferably of his own choice or to be
provided with one;
c. Right against torture, force, violence, threat, and intimidation or any other means which vitiates
his free will;
d. Right not to be held in secret, solitary, incommunicado, or any other similar forms of detention.
(Sec 12, Art 3 of the Philippine Constitution)
The person under investigation for the commission of an offense shall have the right to waive his right
to remain silent and his right to have a counsel provided:
 The waiver is done voluntarily;
 Done intelligently;
 In the presence of a competent and independent counsel; and
 In writing. (Gacayan, 2005)
Take Note: These enumerated rights are known as Miranda Rights or constitutional rights of a person
under investigation for the commission of an offense. The word Miranda came from the name of
Ernesto Miranda who was the accused in a prominent case entitled Miranda vs. Arizona. (De leon,
2005 & Timpac, 2007)
To expand the provision of Section 12 of Article 3 of the Philippine Constitution, Republic Act 7438
was enacted on April 27, 1992. Republic Act 7438 is the act defining certain rights of persons
arrested, detained, or under custodial investigation as well as the duties of the arresting, detaining
and investigating officers, and providing penalties for violation thereof.
12. What if the rights stated in the preceding question are not complied with by the investigating officer?
If the rights stated in the preceding question are not complied with by the investigating officer, any
admission, confession, or any other evidence obtained during the investigation is inadmissible in any
proceeding. This is known as the Doctrine of the Fruit of Poisonous Tree. This doctrine states that any
evidence illegally obtained is not admissible in any proceeding.
In addition to the non-admissibility of the evidence obtained, the investigating policeman may also
be charged criminally, administratively, and/or civilly. (RA 7438 Gacayan, 2005, & Reyes, 2008)
What is the difference between confession and admission?

Confession is the direct acknowledgment of guilt, while admission is the indirect acknowledgement
of guilt.
Take Note: Confession and admission have two kinds and they are the following:
a. Judicial confessions/admissions; and
b. Extra – judicial confessions/admissions.
13. What are the crimes that may be committed by a policeman while conducting custodial investigation?
The crimes that may be committed by a policeman while conducting custodial investigation are the
following:
a. Violation of Paragraph a (1), Section 3 of RA 7438;
Violation of Paragraph a (1), Section 3 of RA 7438 is committed by any arresting public
officer or employee, or any investigating officer, who fails to inform any person arrested,
detained or under custodial investigation of his right to remain silent and to have competent
and independent counsel preferably of his own choice.
b. Violation of Paragraph a (2), Section 3 of RA 7438; and

Violation of Paragraph a (2), Section 3 of RA 7438 is committed by any arresting public
officer or employee, or any investigating officer, who fails to provide a competent and
independent counsel to a person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
c. Violation of Paragraph b, Section 3 of RA 7438.
Violation of Paragraph b, Section 3 of RA 7438 is committed by any person who obstructs,
prevents or prohibits any lawyer, any member of the immediate family of a person arrested,
detained or under custodial investigation, or any medical doctor or priest or religious minister
chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his
spiritual needs, at any hour of the day or, in urgent cases, of the night.
Prosecution
1. If a person is arrested, what is the purpose of delivering him to the nearest police station or jail and
detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained for him to face the
case that is already filed against him or to serve his sentence if he is already convicted. However, if the
arrest is without warrant, he must be detained to undergo an inquest proceeding or preliminary
investigation. (Timpac, 2007)
2. What is an Inquest Proceeding? What is the procedure in conducting Inquest Proceeding?

An inquest proceeding is a proceeding done by the inquest prosecutor to determine the validity of
the arrest. This is very summary in nature which may be done by an informal interview with the
arresting officer and/or the arrested person.
What is the procedure to be observed in conducting inquest proceeding?

Upon arrest of a person without warrant, the policeman must detain the arrested person to the
nearest jail or police station. The arresting policeman shall locate or contact immediately the inquest
prosecutor for the latter to determine whether the arrest is valid and the following rules shall be
observed:
a. If the prosecutor finds out that the arrest is valid, he may order the further detention of the
arrested person and the filing of the information before the proper court; or
b. If the prosecutor finds out that the arrest is not valid, he may order the release of the person
arrested upon signing a Promise to Appear.
Take Note: A Promise to Appear is a written agreement between the prosecutor and the
arrested person that the latter must voluntarily show himself whenever required to do so by the
former to make some clarification relative to his arrest. (Personal Interview with Prosecutor
Sagsago, 2007)
3. What is preliminary investigation? When is it required?

A preliminary investigation is an inquiry held for the purpose of ascertaining whether or not
probable cause is present. It is intended to secure the innocent against hasty, malicious and
oppressive prosecution and to protect him from an open and public accusation of crime. It is further
intended to protect the State from useless and expensive trial.
It is required when the imposable penalty for the crime charged is at least 4 years, 2 months, and 1
day (4:2:1) imprisonment without regard to the fine.
What is probable cause?

Probable cause is the existence of sufficient ground to engender a well – founded belief that a
crime has been committed and the respondent is probably guilty thereof. If probable cause exists, the
respondent should be held for trial.
When may an arrested person ask for a preliminary investigation?
A person may ask for a preliminary investigation in any of the following:
a. Before the filing of complaint or information in court; or
b. Within 5 days from the time he learns that a complaint or information is already filed against
him in court.
Take Note: In asking for a preliminary investigation, the arrested person must sign a waiver to
renounce his right under Article 125 of the Revised Penal Code. Notwithstanding the waiver, he may
apply for bail. (Sec 1, Rule 112 of the Rules of Court & Aggranzamendez, 2008)
Who may conduct preliminary investigation?

Any of the following may conduct preliminary investigation:
c. Provincial or city prosecutor and their assistants;
d. National and Regional state prosecutors; and
e. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of Court)
Take Note: The authority to conduct preliminary investigations shall include all crimes cognizable by
the proper court in their respective jurisdiction.
What is the procedure in conducting preliminary investigation by the investigating prosecutor?

The procedure in conducting preliminary investigation shall be the following:
a. Filing of the complaint;
The complaint to be filed shall be accompanied by:
 The affidavit of the complainant and his witnesses; and
 Other supporting documents to establish probable cause.
What is the number of copies of complaint to be filed?

The complaint shall be in such number of copies as there are respondents, plus two
(2) copies for the official file. Hence, if there are three (3) respondents, five (5) copies of
complaint must be filed. (Sec 1, Rule 112 of the Rules of Court)
b. Dismissal of the complaint or issuance of subpoena by the investigating officer;

Within 10 days after the filing of the complaint, the investigating officer shall either:
 Dismiss the complaint if he finds no ground to continue with the investigation; or
 Issue a subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
Take Note: A copy of evidence may be furnished to the respondent at his own expense. Object
evidence need not be furnished to the respondent but shall be made available for examination,
copying or photographing at the expense of the requesting party.
c. Submission of counter affidavit (answer) by the respondent;

Within 10 days from receipt of the subpoena with the complaint and supporting affidavits
and documents, the respondent shall submit his counter-affidavit and that of his witnesses and
other supporting documents relied upon for his defense.
Take Note: The respondents shall not be allowed to file a motion to dismiss in lieu of a counter-
affidavit.
What if the respondent cannot be subpoenaed or if subpoenaed does not submit counter-
affidavit within the 10-day period?
If the respondent cannot be subpoenaed or if subpoenaed does not submit his counter-
affidavit within the 10-day period the investigating officer shall resolve the complaint based on
evidence presented by the complainant.
d. Clarification;
Within 10 days from filing counter-affidavit, the investigating officer may set a date for
hearing if there are facts and issues to be clarified from a party or a witness.
The parties can be present at the hearing but without the right to examine or cross-
examine. They may, however, submit to the investigating officer questions which may be asked
to the party or witness concerned.
Take Note: Clarification shall be terminated within 5 days.
e. Issuance of resolution; and
Resolution is to be issued within 10 days from the termination of investigation or
clarification.
After investigation, the investigating officer shall either:
 Prepare a resolution and information if he finds cause to hold the respondent for trial; or
 Recommend the dismissal of the complaint if he finds no cause to hold the respondent
for trial.
f. Transmittal of the record of the case.

Within 5 days from resolution, the investigating officer must transmit the record of the case
to the Provincial or City Prosecutor or Chief State Prosecutor, or to the Ombudsman or his
Deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction. These officers will act on the resolution within 10 days from receipt thereof and
shall immediately inform said parties of such action.
Take Note: No complaint or information may be filed or dismissed by an investigating

prosecutor without prior written authority or approval of any of the following:
 The provincial or city prosecutor;
 The chief state prosecutor; or
 The ombudsman or his deputy, in cases cognizable by the ombudsman. (Secs 3 & 4,
Rule 112 of the Rules of Court)
4. What is the meaning of complaint and information? What are their distinctions?
Complaint defined:
A complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated. (Sec 3, Rule 110 of the Rules of Court)
Information defined:
Information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed in court. (Sec 4, Rule 110 of the Rules of Court)
Complaint and information distinguished:

The distinctions between the complaint and information are as follows:
a. The complaint or information shall be in writing, in the name of the People of the Philippines
and against all persons who appear to be responsible for the offense involved.
b. A complaint is a sworn written statement, while information is an accusation in writing;
c. A complaint is subscribed by the offended party, any peace officer, or other public officers
charged with the enforcement of the law violated, while information is subscribed by the
prosecutor; and
d. A complaint is filed either in the prosecutor’s office or in court, while information is filed only in
court. (Sec 2, Rule 110 of the Rules of Court & Herrera, 2000)
Court
1. What is the definition of the terms court and judge?
Court Defined:
A court is a body to which the public administration of justice is delegated, being a tribunal
officially assembled under authority of law at the appropriate time and place for the administration of
justice through which the State enforces its sovereign rights and powers. It is an entity or body in which
a portion of judicial power is vested. (Tradio, 1996)
Judge Defined:
A judge is an officer so named in his commission who presides in some court; a public officer,
appointed to preside to and administer the law in a court of justice. (Black, 1990)
Take Note: In most discussions, however, the terms court and judge may be used interchangeably.
2. If the case is filed in court, what shall be the first issue that must be resolved?
If a case is filed, the first issue that a court must resolve is whether it has jurisdiction over the case.
If the court has jurisdiction, it shall hear the case; otherwise, the only power it has is to dismiss the
case.
Jurisdiction defined:
Jurisdiction is the power and authority to hear, try, and decide a case. The following are kinds of
jurisdiction:
a. Original jurisdiction;
Original jurisdiction is the power and authority to hear, try and decide cases brought in the
court, body, or tribunal for the first time.
b. Appellate jurisdiction;
Appellate jurisdiction is the power and authority to hear, try and decide cases previously
heard by a lower court, body, or tribunal.
c. Exclusive jurisdiction;
Exclusive jurisdiction is the power and authority to hear, try and decide cases to the
exclusion of other courts, body, or tribunal.
d. Concurrent jurisdiction;
Concurrent jurisdiction is the power and authority to hear, try and decide cases that may be
brought to two or more courts, body, or tribunal.
e. General jurisdiction;
General jurisdiction is the power and authority to decide all cases which may come before it
except those assigned to other courts, body, or tribunal.
An example of this is the jurisdiction of Regional Trial Courts (RTC). Regional Trial Courts
have jurisdiction over cases not assigned to any other court, body, or tribunal.
f. Limited jurisdiction;
Limited jurisdiction is the power and authority to hear and determine only cases specified by
law to be within its jurisdiction.
g. Criminal jurisdiction; and
Criminal jurisdiction is the power and authority to hear cases which are criminal in nature.
h. Civil jurisdiction.
Civil jurisdiction is the power and authority to hear cases not criminal in nature.
3. What is “Arraignment”?
Arraignment is made in open court by the judge or clerk furnishing the accused of the copy of the
complaint or information, reading the same in a language or dialect known to him, and asking him
whether he pleads guilty or not guilty. (Sec 1, Rule 116 of the Rules of Court)
How shall the court acquire jurisdiction over the person of the accused?
The court shall acquire jurisdiction over the person of the accused upon his arrest. (Aquino, 2005)
Aside from entering a plea of guilty for the offense charged, what are the other instances when the
plea of not guilty shall be entered to the accused?
The other instances when the plea of not guilty shall be entered to the accused are the following:
a. When the accused refuses to plead;
b. When he makes a conditional plea of guilty; and
c. When he pleads guilty but presents exculpatory evidence. (Sec 1, Rule 116 of the Rules of
Court)
What is the meaning of “exculpatory evidence” as used above?

Exculpatory evidence is that which is presented by the accused to set him free.
Is there a need for the accused and the offended party to be present during arraignment?
On the part of the accused, he must be present to hear the charge against him and personally
enter his plea.
On the part of the private offended party, there is no need for him to be present but he shall be
present only for the following purpose:
a. Plea bargaining;
b. Determination of civil liability; and
c. Other matters requiring his appearance. (Aggranzamendez, 2008)
After the accused pleads guilty, may the court immediately impose a penalty?
No. When the accused pleads guilty to a capital offense, the court shall conduct a
searching inquiry into the voluntariness and full comprehension of the consequences of his plea and
shall require the prosecution to prove the guilt in the precise degree of culpability.
When the accused pleads guilty to a non-capital offense, the court may receive evidence
from parties to determine the penalty to be imposed. (Secs 3 & 4, Rule 116 of the Rules of Court)
Take Note: Pending trial or even before a case is filed in court, a person may apply for bail for his
temporary liberty.
4. What is Bail? In what forms may bail be given?

Bail is a security given for the release of a person in custody of law, furnished by him or a
bondsman, to guarantee his appearance before any court as required under the conditions specified
by law. (Sec 1, Rule 114 of the Rules of Court)
Bail may be given in the following forms:

a. Corporate surety;
b. Property bond;
c. Cash deposit; and
d. Recognizance.
A person may be released on recognizance under the following instances only:
 When the offense committed is light;
 When the offender is minor; or
 When the offender applies for probation. (Aggranzamendez, 2008)
When is bail a matter of right and when is it a matter of discretion?

a. Bail is a matter of right in any of the following:
 Before or after conviction by the Metropolitan Trial Court, Municipal Trail Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court;
 Before conviction by the Regional Trial Court of an offense not punishable by death,
reclusion perpetua, or life imprisonment. (Sec 4, Rule 114 of the Rules of Court)
b. Bail is discretionary upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment. (Sec 5, Rule 114 of the Rules of Court)
c. In cases not stated above, bail will be denied outrightly.

In other words, no person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is
strong, regardless of the state of the criminal prosecution. (Sec 7, Rule 114 of the Rules of
Court)
Take Note: A capital offense is defined as an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished with death. (Sec 6, Rule
114 of the Rules of Court)
A capital penalty, on the other hand, is death penalty. (Aggranzamendez, 2008)
5. What are the different cases that may be filed against a person and how do these cases be instituted?
Upon filing of the complaint or information in court, the accused faces two charges and these are
the criminal case and the civil case. As provided under the rules, the institution of criminal action
implies the institution of civil action except if the civil action is waived or reserved.
However, if the accused is a public officer or employee he may also face an administrative case in
addition to the criminal and civil cases specially if the act complained is related to his official duty. (Sec
1, Rule 110 of the Rules of Court & Timpac, 2009)
6. What are the distinctions among criminal, civil, and administrative cases?
The distinctions among criminal, civil, and administrative cases are the following:
a. In accordance where these cases are filed;
Criminal and civil cases are filed in courts, while administrative cases are filed in quasi-
judicial bodies. The quasi-judicial bodies hearing administrative cases against policemen
include People’s Law Enforcement Board (PLEB), Internal Affairs Service (IAS), National Police
Commission (NAPOLCOM), and Commission on Human Rights (CHR).
b. In accordance to weight or sufficiency of evidence required;

In criminal cases, the evidence needed to convict an accused is proof beyond reasonable
doubt; in civil cases, preponderance of evidence; in administrative cases, substantial evidence.
Proof beyond reasonable doubt, preponderance of evidence, substantial evidence defined:

 Proof beyond reasonable doubt is a degree of proof which produces conviction in an
unprejudiced mind.
 Preponderance of evidence means that the testimony adduced by one side is more
credible and conclusive than the other.
 Substantial evidence is the relevant evidence which a reasonable mind might accept as
adequate to support a conclusion.

c. In accordance to imposable penalties;
In criminal cases, the imposable penalty is imprisonment, destierro, or even death; in civil
cases, payment damages; in administrative cases, reprimand, suspension, or dismissal from
the service.
d. In accordance to the designation of the victim; and

In criminal cases, the victim is known as the Private Offended Party; in civil cases, the
victim is known as Plaintiff; in administrative cases, he is known as Complainant.
The private offended party in a criminal case is represented by the People of the Philippines
to show that the crime committed affects not only the victim but the society as a whole
e. In accordance to the designation of the person being heard.

In criminal cases, the person being heard is known as Accused; in civil cases, he is known
as Defendant; in administrative cases, he is known as Respondent.
Take Note: A person charged before the Prosecutor’s Office to undergo preliminary
investigation or inquest proceeding is also known as Respondent. (Moreno, 1998 & Timpac,
2009)
7. Define trial, state the order of trial, and state the period when it shall commence.
Trial is the examination before a competent tribunal, according to the laws of the land, of
the facts and issue in case, for the purpose of determining such issue. (Black, 1990)
The trial shall proceed in the following order:

a. The prosecution shall present evidence to prove the charge and, in the proper case, the civil
liability;
b. The accused may present evidence to prove his defense and damages, if any, arising from the
issuance of the provisional remedy in the case;
c. The prosecution and the defense may, in that order, present rebuttal and sur-rebutal evidence
unless the court, in furtherance of justice, permit them to present additional evidence bearing
upon the main issue; and
d. Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda. (Sec 11,
Rule 119 of the Rules of Court)
Take Note: A case or matter shall be deemed submitted for decision or resolution upon the filing of
the last pleading, brief or memorandum required by the Rules of Court or by the court itself. (Par 2,
Sec 15, Art XV of the Philippine Constitution)
What will happen to the order of trial when the accused admits the act or omission charged in the
complaint or information but interposes an affirmative defense (like self defense)?
When the accused admits the act or omission charged in the complaint or information but
interposes an affirmative defense (like self defense), the order of trial will be modified. The accused is
the first to present his evidence to prove his claim or defense (like self defense).
In requiring first the accused to prove his defense; does this violate his constitutional right to be
presumed innocent until the contrary is proved?
No, his constitutional right of innocence is not violated. In fact, the accused may object for the
modification of order of trial and the prosecution will be the first to present evidence but the accused
cannot claim other affirmative defense like self-defense anymore. He may, however, prove other
evidence like alibi. (Gacayan, 2005)
8. What is judgment? What are its requisites?

Judgment is 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, if any.
The requisites of judgment are as follows:

a. It must be duly signed;
b. Must state the findings of the facts and law upon which it is based; and
c. Must be promulgated during the incumbency of the judge who signed it. (Rule 120, Sec. 1
of ROC)
9. What is Double Jeopardy?

When an accused has been convicted or acquitted, or the case against him dismissed or
otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid
complaint or information or other formal charge sufficient in form and substance to sustain a conviction
and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt
to commit the same or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged in the former complaint or information.
10. Define and explain the meaning of appeal? Where shall appeal be taken?
Appeal defined:
Appeal is a resort to a superior court to review the decision of an inferior court or administrative
agency. The party who takes an appeal from one court to another is called the appellant, while the
party against whom the appeal is taken is called the appellee.
Take Note: Appeal is not a part of due process. It is not also a constitutional right.
11. To summarize, what are the matters being conducted during trial, in order?
The matters being conducted during trial are the following (in order):
a. Arraignment;
Arraignment is that stage in the criminal prosecution which consists of the reading to the
accused in open court of the complaint or information charging him with an offense and furnishing
him a copy thereof, including lists of witnesses and asking him whether he pleads guilty or not as
charged.
b. Pre – trial;
Pre – trial is an informal trial which precedes the regular trial of the case primarily intended
to expedite the proceeding whenever the accused and his counsel agree whereby the court shall
conduct pre – trial conference, without impairing the rights of the accused.
c. Trial;
Trial is the formal investigation of the matter in issue with respect to the action before a
competent court for the purpose of determining such issue that involves the guilt or innocence of
the accused.
d. Judgment; and
Judgment is 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, 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 it is based.
(Sec 1, Rule 120 of the Rules of Court)
e. Appeal.
Appeal is a proceeding for review by which the whole case is elevated to a higher court for
review and final adjudication. (Other source: Garcia 2002 & Aggranzamedez, 2008)
Correction
1. What are the important theories in correction?
The important theories in correction are as follows:
a. Classical theory;
b. Neo-classical theory;
c. Positivist theory; and
d. Eclectic theory.
2. What are the classifications of correction? What are the aims of correctional reforms?
The classifications of correction are the following:
a. Institutional correction; and
Institutional correction deals with jails, prisons, and colonies where a convict is going to
serve his sentence.
b. Non-institutional correction.
Non-institutional correction deals with service of sentence of a convict outside an institution.
It is also known as a community – based – treatment for a convict is going to serve his sentence
in the community by way of probation, parole, or other means.
Take Note: (The subjects Correctional Administration I, which covers Institutional correction, and
Correctional Administration II, which covers Non – institutional Correction in the criminology
course, must be taken seriously by criminology students because they comprise 10% of the
Licensure Examination for Criminologists). (Timpac, 2009)
The distinctions between jails and prisons are the following:

a. The city and municipal jails are administered by Bureau of Jail Management and Penology
(BJMP); the provincial jails are administered by provincial government; the prisons are
administered by Bureau of Corrections (BuCor); and
b. Jails are housing persons who are deprived of their liberty for not more than three years
while prisons are housing persons who are deprived of their liberty for more than three
years. (Other source: BJMP Manual, 2007)
The penal colonies of the Philippines together with their location are the following:
Penal Colonies: Location:
San Ramon Prison and Penal Farm: Zamboanga City, Zamboanga Del
Sur
Iwahig Penal Colony: Near Puerto Princesa City,
Palawan
Davao Penal Colony: Davao Del Norte
Correctional Institution for Women: Mandaluyong
Sablayan Penal Colony: Occidental Mindoro
Leyte Penal Colony: Abuyog, Leyte. (Manwong &
Delizo, 2005)
3. Is a convict mandated to serve his penalty in jails or prisons?

As a rule, yes, a convict is mandated to serve his penalty in jails/prisons because no one can
escape the punishment imposed for his criminal act except if he has been granted Probation, Pardon,
Amnesty, or Reprieve. The penalty imposed upon a convict may also be reduced by virtue of Good
Conduct Time Allowance, Parole, or Commutation. (Opinion of TMT)
4. What is Probation? How is it granted?

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.
Take Note: A Probation Officer is the person who investigates for the court a referral for probation or
supervises a probationer or both. A Probationer, on the other hand, is the person placed on probation.
(Sec 3 of PD 968)
It must also be stressed that probation was established by PD 968 which was signed into law on July
24, 1976. PD 968 is the Law Establishing a Probation System, Appropriating Funds therefor and for
other purposes. It is also known as the Adult Probation Law of 1976. (Sec 1 of PD 968)
A person who applies and is granted with probation shall undergo the following:
a. Application for probation;
An application for probation shall be filed with the trial court by a sentenced or convicted
person within the period of perfecting an appeal which is within 15 days from receipt of a copy
of judgment of conviction.
Take Note: The right to file an appeal and the right to apply for probation are exercised in the
alternative. If a convict appeals, he can no longer apply for probation. If he applies for
probation, he can no longer appeal.
It must be stressed further that if the person sentenced is a child, the court may place the child
on probation at anytime in lieu of service of his/her sentence taking into account his best
interest. (Sec 42 of RA 9344) In other words, if a sentenced person is a child, he may apply for
probation anytime.
What if a convict neither appealed nor applied for probation?

If a convict did not appeal and did not also apply for probation, he is going to serve the
sentence imposed by the court. After the lapse of the 15 – day period to appeal, judgment of
conviction becomes final.
Are all convicts qualified to apply for probation?

No, not all convicts may apply for probation. There are some persons who are disqualified
to apply for probation and they are as follows:
 Those sentenced to serve a maximum term of imprisonment of more than six years;
 Those convicted of any offense against the security of the State;
 Those who have been previously convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of not less than
Two Hundred Pesos;
 Those who have been once on probation under the provisions of PD 968; and
 Those who are already serving sentence at the time the PD 968 was enacted.
Take Note: Those convicted for drug trafficking and drug pushing are also not allowed to
apply for probation. (Sec 24 0f RA 9165)
b. Order of the court to conduct Post Sentence Investigation Report (PSI);

The court shall order a probation officer to conduct Post-Sentence Investigation (PSI) to
determine that the ends of justice and the best interest of the public as well as the defendant
will be served in granting or denying probation.
c. Submission of Investigation Report (IR);

The probation officer shall submit to the court his Investigation Report (IR) for not later than
60 days from the receipt of the order of said court to conduct investigation.
Take Note: The investigation report to be submitted by the probation officer shall be in the form
prescribed by the Probation Administrator and approved by the Secretary of Justice.
d. Resolution of the court; and

The court shall resolve the petition for probation not later than fifteen (15) days after receipt
of said report.
Pending submission of the Investigation Report (IR) and the resolution of the petition, the
defendant may be allowed on temporary liberty under his bail filed in the criminal case.
However, in case where no bail was filed or that the defendant is incapable of filing one, the
court may allow the release of the defendant on recognize under the custody of a responsible
member of the community who shall guarantee his appearance whenever required by the
court.
Take Note: The one issued by the court in either granting or denying probation is called
resolution, not judgment.
Is the court bound by the findings of the Probation Officer?

No, the court is not bound by the findings of the Probation Officer but they will be taken into
consideration. In other words, said findings are only considered as recommendations to the
court. The court has still the final say whether probation shall be granted or denied.
In either granting or denying probation, what shall the court consider?

In determining whether an offender may be placed on probation, the court shall consider all
information relative, to the character, antecedents, environment, mental and physical condition
of the offender, and available institutional and community resources. Probation shall be denied
if the court finds that:
 The offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution; or
 There is undue risk that during the period of probation the offender will commit another
crime; or
 Probation will depreciate the seriousness of the offense committed.
Take Note: The term “depreciate” as used above means degrade.

An example of this is if in the crime of rape, several mitigating circumstances
attended its commission so the maximum penalty imposed is only 5 years imprisonment. In
such case, probation may be denied to an offender even if the maximum penalty is below 6
years imprisonment because the grant of probation may depreciate the seriousness of the
offense committed.
e. Effectivity of Probation Order;
A Probation Order shall take effect upon its issuance, at which time the court shall inform
the offender of the consequences thereof and explain that upon his failure to comply with any
of the conditions prescribed in the said order or his commission of another offense, he shall
serve the penalty imposed for the offense under which he was placed on probation.
f. Conditions of probation;
The conditions of probation are divided into two (2) and they are the following:
1. Mandatory conditions; and
A Probation Order issued by the court shall contain conditions requiring that the
probationer shall:
 Present himself to the probation officer designated to undertake his supervision at
such place as may be specified in the Probation Order within seventy-two (72) hours
from receipt of said order; and
 Report to the probation officer at least once a month at such time and place as
specified by said officer.
2. Discretionary conditions.
The court may also require the probationer to:
 Cooperate with a program of supervision;
 Meet his family responsibilities;
 Devote himself to a specific employment and not to change said employment without
the prior written approval of the probation officer;
 Undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for that purpose;
 Pursue a prescribed secular study or vocational training;
 Attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
 Refrain from visiting houses of ill-repute;
 Abstain from drinking intoxicating beverages to excess;
 Permit to probation officer or an authorized social worker to visit his home and place
or work;
 Reside at premises approved by it and not to change his residence without its prior
written approval; or
 Satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience.
g. Control and Supervision of Probationer; and

The probationer and his probation program shall be under the control of the court who
placed him on probation subject to actual supervision and visitation by a probation officer.
What are the two main functions of a Probation Officer?

The two main functions of a Probation Officer are the following:
 To conduct Post-Sentence Investigation (PSI) to determine that the ends of justice
and the best interest of the public as well as the defendant will be served in granting
or denying probation.
 To supervise the convict if he is granted probation. (Classroom discussion of Marcos,
1999)
h. Termination of Probation.
After the period of probation and upon consideration of the report and recommendation of
the probation officer, the court may order the final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of his probation and thereupon the case is
deemed terminated.
Take Note: The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to fully discharge his liability for any fine imposed as to the
offense for which probation was granted. The probationer and the probation officer shall each be
furnished with a copy of such order. (Other source: Secs 3 – 16 of PD 968)
5. What are the other matters that must be considered in probation?

The following are other matters that must be considered in probation:
a. Probation is a matter of privilege, not right;
Probation is a matter of privilege because only selected persons may avail of it. If
probation is denied by the court after considering all information relative to his characteristics,
antecedents, environment, mental and physical condition, he cannot appeal the resolution of
the court. Said resolution cannot be appealed because it is only an interlocutory order.
(Classroom discussion of Marcos, 1999)
(For further discussion of Interlocutory Order, refer to letter “e” below)
b. Period of Probation;
The following rules shall be considered in determining the period of probation:
 The period of probation of a defendant sentenced to a term of imprisonment of not
more than one year shall not exceed two years, and in all other cases, said period
shall not exceed six years.
 When the sentence imposes a fine only and the offender is made to serve
subsidiary imprisonment in case of insolvency, the period of probation shall not be
less than nor to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article 39 of the Revised
Penal Code. (Sec 14 of PD 968)
c. Confidentiality of Records;
The Investigation Report (IR) and the supervision history of a probationer obtained
under PD 968 shall be privileged and shall not be disclosed directly or indirectly to anyone
other than the Probation Administration or the court concerned, except that the court, in its
discretion, may permit the probationer of his attorney to inspect the aforementioned
documents or parts thereof whenever the best interest of the probationer make such
disclosure desirable or helpful. Any government office or agency engaged in the correction
or rehabilitation of offenders may, if necessary, obtain copies of said documents for its
official use from the proper court or the Administration. (Sec 17 of PD 968)
d. Arrest of Probationer; Subsequent Disposition; and

At any time during probation, the court may issue a warrant for the arrest of a
probationer for violation of any of the conditions of probation. The probationer, once arrested
and detained, shall immediately be brought before the court for a hearing, which may be
informal and summary, of the violation charged. The defendant may be admitted to bail
pending such hearing. In such a case, the provisions regarding release on bail of persons
charged with a crime shall be applicable to probationers arrested under this provision. If the
violation is established, the court may revoke or continue his probation and modify the
conditions thereof. If revoked, the court shall order the probationer to serve the sentence
originally imposed. (Sec 15 of PD 968)
e. An order revoking the probation or modifying the terms and conditions thereof shall not be
appealable. (Sec 15 of PD 968)
The grant or denial of probation is not appealable because it is only an interlocutory
order. An interlocutory order is one which does not finally determine a cause of action but
only decides some intervening matter pertaining to the cause. (Black, 1990)
The remedy against a grant or denial of an interlocutory order is motion for
reconsideration or petition for review on certiorari, but not appeal. (Agranzamendez, 2008)
6. What is Pardon and what are its kinds?
Pardon is an executive clemency granted by the President/Chief Executive. It may also be defined
as an act of grace proceeding from the power entrusted with the President which exempts the
individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed.
The kinds of Pardon are the following

a. Absolute Pardon; and
An absolute pardon is given without any condition attached. It does not operate to
restore the right to hold public office or the right of suffrage, unless such rights are
expressly restored by the terms of pardon. It becomes effective once if it is granted and
there is no need for the offender to accept it.
b. Conditional Pardon
A conditional pardon is given with condition/s attached. It must be accepted by the
offender to become effective. (Black, 1990)
What are the effects of pardon?

The effects of pardon are the following:
a. It removes penalties and disabilities and restores a person of his full civil and political rights;
b. It does not discharge the civil liability of the convict to the individual he has wronged as the
President has no power to pardon a private wrong.
c. It does not restore offices, property, or rights vested in others in consequence of conviction.
Take Note: A pardon shall not work the restoration of the right to hold public offices or the
right of suffrage, unless such right be expressly restored by the terms of the pardon.
What are the limitations of Pardoning Power of the President?

The limitations of the pardoning power of the President are the following:
a. Pardon cannot be extended in case of impeachment;
b. No pardon, parole, or suspension of sentence for violation of election laws may be granted
without favorable recommendation of Commission on Elections (COMELEC);
c. Pardon is exercised only after conviction by final judgment; and
d. No pardon may be exercised over a civil contempt. (C – Sec 5, Art IX of the Philippine
Constitution & De Leon, 2005)
An example of civil contempt is when a witness refuses to answer a proper question when
testifying as in a case.
7. What is Amnesty and what is its difference from pardon?
Amnesty defined:
Amnesty is an act of sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a political
character, such as treason, sedition, rebellion.
The effect of amnesty:

Amnesty abolishes and puts into “oblivion” the offense of which one is charged, so that the person
released by amnesty is considered as if he did not commit any offense.
Take Note: Oblivion means state of forgetfulness. (Bloomsbury, 2007)
Pardon and Amnesty distinguished:

The distinctions between Pardon and Amnesty are the following:
a. Pardon includes any crime, while amnesty includes political crimes only;
b. Pardon is exercised individually, while amnesty exercised generally;
c. Pardon is given only when the person is convicted, while amnesty may be granted before trial
or investigation;
d. Pardon may be granted by the President himself, while amnesty is granted by the President
with the concurrence of Congress; and
e. Courts take no judicial notice of pardon, while courts take judicial notice of amnesty.
Take Note: Judicial notice is a fact need not be proved. Any person who claims that pardon has been
granted must prove it in court, unlike amnesty. (Sec 1, Rule 129 of the Rules of Court; Moreno, 1998;
Nolledo, 2005 & Timpac, 2009)
8. What are remission of fines or forfeitures, Parole, and conditional pardon?
Remission defined:
Remission of fines or forfeitures is the power of the President to prevent the collection of fines
or the confiscation of forfeited property. The power of the President is limited to fines or forfeitures as
not have been vested in third parties, or paid into the treasury of the government, as funds cannot be
paid out of the treasury without the authority of the Congress.
Parole defined:
Parole is the suspension of sentence of a convict after having served the minimum of the sentence
imposed without granting pardon, prescribing the terms of the suspension.
The penalty imposed by courts is not of specific number of months and days. It is composed of
minimum and maximum periods. If a convict already served the minimum period, he is eligible for
parole.
Conditional Pardon defined:

A conditional pardon is one to which a condition is annexed, performance of which is necessary
to the validity of the pardon. (Black, 1990)
Conditional Pardon and Parole distinguished:

The distinctions between Conditional Pardon and Parole are the following:
a. In conditional pardon, the accused need not serve his minimum sentence, while in parole,
the minimum sentence must be served; and
b. In conditional pardon, the granting authority is the President, while in parole, the granting
authority is the Board of Pardon and Parole. (Other source, Moreno, 1998)
9. What are Reprieve, Suspension of Sentence, and Commutation? What is their purpose?
Reprieve and suspension of sentence are the temporary stay or postponement of sentence.
Especially when the penalty imposed is death, the purpose of reprieve or suspension of sentence
is to save life. By postponing the execution of a convict, the President is given an opportunity to extend
his commutation or pardon or for the Congress to enact laws favorable to the convict.
Reprieve and suspension of sentence distinguished:

Both reprieve and suspension of sentence refer to temporary stay or postponement of sentence
but suspension of sentence is done for an indefinite time, while reprieve is done to a fixed or definite
date.
Commutation defined:
Commutation is an act of the President reducing the penalty of a convict.
An example of this is if the penalty of death is commuted (reduced) to life imprisonment or
reclusion perpetua. (Nolledo, 2005)
10. What are the distinctions between Life Imprisonment and Reclusion Perpetua?
The distinctions between life imprisonment and reclusion perpetua are the following:
a. Life imprisonment has no duration, while reclusion perpetua has a duration of twenty (20) years
and one (1) day to forty (40) years;
b. Life imprisonment is imposed in violation of special laws, while reclusion perpetua is imposed in
violation of the Revised Penal Code;
c. Life imprisonment has no accessory penalties, while reclusion perpetua has accessory penalties.
Take Note: It was RA. 7659 which provided for the legal duration of reclusion perpetua as 20 years
and 1 day to 40 years. However, in the case of People of the Philippines V. Lucas, 58 SCAD 57, it
was held that reclusion perpetua must remain as an indivisible penalty because there was no clear
intention of the Congress to insert the legal duration of reclusion perpetua in RA 7659. Therefore,
the distinction stated in letter “a” is useless. (Estrada, 2005)
11. What is Good Conduct Time Allowance?

Good conduct time allowance is the reduction of period of imprisonment if the convict shows good
behavior. Consider the following:
Period of Imprisonment: Reduction:
1-2 years 5 days per month
11 years and above 15 days per month
Take Note: Good Conduct Time Allowance does not apply to detention prisoners. It is applicable to
them only if they voluntarily place in writing that they may be treated like convicted prisoners. (Art
97 of the Revised Penal Code)
12. What are the crimes that may be possibly committed by a person while serving his sentence in jail or in
the community?
The crimes that may be possibly committed by a person while serving his sentence in jail or in the
community are the following:
a. Evasion of Service of Sentence;
b. Evasion of Service of Sentence in the Occasion of Disorders, Conflagration, Earthquakes,
or other calamities; and
c. Commission of Another Crime During Service of Penalty Imposed for Another Previous
Offense.
13. What are the forms or kinds of Habituality or Repetition?

The forms or kinds of Habituality or Repetition are the following:
a. Recidivism;
There is recidivism when an accused at the time of his trial for an offence shall have
been previously convicted by final judgment of a crime embraced in the same title of the
Revised Penal Code.
b. Quasi-recidivism;
There is quasi-recidivism when a person who, before serving sentence or while
serving sentence, commits another felony.
Take Note: The one to be committed must be a FELONY.

Felony is an act or omission punishable by the Revised Penal Code, while offense is an act
or omission punishable by Special Laws
c. Habitual Deliquency; and

There is habitual delinquency when within ten (10) years from the date of last
conviction or last release of a person for any of the crimes of serious physical injury, less
serious physical injury, theft, robbery, estafa, or falsification, he is found guilty the third time
or oftener. (SLTREF or FRETSeL)
d. Reiteracion.
There is reiteracion when the offender has been previously punished for an offense
to which the law attaches an equal or greater penalty, or when he has been previously
punished for two (2) or more crimes previously to which the law attaches a lighter penalty.
Take Note: From big time to small time, there is a reiteracion. (Estrada, 2007)
Community
1. Define community. What is its contribution in the Criminal Justice System?

A community is a group of persons living in a particular place. It may also refer to a society or
body of people living in the same place, under the same laws and regulations which have common
rights, privileges, or interests. (Black, 1990)
However, the term community, when applied to the Criminal Justice System, is not limited to
persons. It includes the homes, family, government, schools, churches, etc. It is the fifth pillar and
known as the core of the Criminal Justice System. (Manwong & Delizo, 2005)
A community may also refer to the local government, together with the society of individuals or
institutions, both public and private, in which a child lives. (Art 84 of PD 603)
2. Define home.
A home is the “cradle of human personality.” It is a haven of peace and refuge and where the
fundamental values of courage, honesty, and integrity are taught and encouraged. It is also where
children are brought up with the strength to make a difference and make the change they seek in this
world. (Manwong & Delizo, 2005 and www.zwani.com/graphics/marriage/)
Take Note: The terms home and dwelling may be used interchangeably to deal with a place of
residence, refuge, or comfort. (Black, 1990; Reyes, 2008)
3. Define marriage. State its kinds and requisites.

Marriage is a special contract of permanent union between a man and a woman entered into in
accordance with law for the establishment of conjugal and family life. (Sec 1 of the Family Code of the
Philippines)
The essential requisites of a valid marriage are the following:

a. Legal capacity of the contracting parties who must be a male and a female; and
b. Consent freely given in the presence of the solemnizing officer. (Sec 2 of the Family Code
of the Philippines)
The formal requisites of a valid marriage are the following:

a. Authority of the solemnizing officer;
b. A valid marriage license; and
c. A marriage ceremony which takes place with the appearance of the contracting parties
before the solemnizing officer and their personal declaration that they take each other as
husband and wife in the presence of not less than two witnesses of legal age.
Take Note: Any defect or absence of the essential requisite of marriage shall render the marriage void
ab initio. Any defect or absence of the formal requisite of marriage shall not affect the validity of
marriage but the party or parties responsible for the irregularity shall be civilly, criminally, and
administratively liable. (Secs 3 & 4 of the Family Code of the Philippines)
The following are kinds of marriage according to number of persons involved:

a. Monogamy;
Monogamy is where an individual is limited to being in one such couple at a time.
b. Polygyny; and
Polygyny is where a male may have more than one wife.
c. Polyandry.
Polyandry is where a female may have more than one husband.
(en.wikipedia.org/wiki/Marriage)
Take Note: Polygyny and polyandry are forms of polygamy/bigamy. (thinkexist.com › Dictionary › Plj-
Pol)
4. State the definition of family and its contribution under Republic Act 9344.
Family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies,
family is the principal institution for the socialization of children. (en.wikipedia.org/wiki/Family)
5. Define church and religion. What are their contribution in preventing crimes and delinquency?
Church is the religious society founded and established by Jesus Christ to receive, preserve, and
propagate His doctrines and ordinances.
Take Note: The biblical understanding of a church is it refers to the people of God gathered for
worship/fellowship.
Religion, on the other hand, is man’s relation to divinity, to reverence, worship, obedience and
submission to mandates and precepts of super natural or superior being. (Black, 1990)
The two aspects of religion are the following:

a. The Freedom to believe in a religion; and
b. The Freedom to act in accordance with such belief.
6. Define government.
A government is the organization, or agency through which a political unit exercises its authority,
controls and administers public policy, and directs and controls the actions of its members or subjects.

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IFUGAO STATE UNIVERSITY (IFSU) CRIMINOLOGY REVIEW-2014

Review Notes in Philippine Criminal Justice System

2. What is the definition of crime and what are its classifications?

3. What is the definition of justice?

4. What is the meaning of system?

5. What is the meaning of Criminal Justice System?

1. What are the different police activities?

What is the distinction between prevention of crime and repression/suppression of crime?

The formula of crime:

CRIME = Desire + Opportunity (to commit a crime)

3. What is warrant of arrest? What are its requisites?

The requisites of a valid warrant of arrest are the following:

What is the life span of warrant of arrest?

What if the person lawfully arrested escapes?

6. Define Search Warrant. State the requisites of a valid Search Warrant.

The requisites of a valid search warrant are the following:

When to serve a Search Warrant:

The life span of Search Warrant:

The distinctions between Warrant of arrest and Search warrant:

The requisites of custodial investigation are as follows:

What are the three tools or I’s of criminal investigation?

Interview and interrogation distinguished:

What is the difference between confession and admission?

b. Violation of Paragraph a (2), Section 3 of RA 7438; and

2. What is an Inquest Proceeding? What is the procedure in conducting Inquest Proceeding?

What is the procedure to be observed in conducting inquest proceeding?

3. What is preliminary investigation? When is it required?

What is probable cause?

Who may conduct preliminary investigation?

What is the procedure in conducting preliminary investigation by the investigating prosecutor?

What is the number of copies of complaint to be filed?

b. Dismissal of the complaint or issuance of subpoena by the investigating officer;

c. Submission of counter affidavit (answer) by the respondent;

f. Transmittal of the record of the case.

Take Note: No complaint or information may be filed or dismissed by an investigating

Complaint and information distinguished:

What is the meaning of “exculpatory evidence” as used above?

4. What is Bail? In what forms may bail be given?

Bail may be given in the following forms:

When is bail a matter of right and when is it a matter of discretion?

c. In cases not stated above, bail will be denied outrightly.

b. In accordance to weight or sufficiency of evidence required;

Proof beyond reasonable doubt, preponderance of evidence, substantial evidence defined:

d. In accordance to the designation of the victim; and

e. In accordance to the designation of the person being heard.

The trial shall proceed in the following order:

8. What is judgment? What are its requisites?

The requisites of judgment are as follows:

9. What is Double Jeopardy?

The distinctions between jails and prisons are the following:

3. Is a convict mandated to serve his penalty in jails or prisons?

4. What is Probation? How is it granted?

What if a convict neither appealed nor applied for probation?

Are all convicts qualified to apply for probation?

b. Order of the court to conduct Post Sentence Investigation Report (PSI);

c. Submission of Investigation Report (IR);

d. Resolution of the court; and

Is the court bound by the findings of the Probation Officer?

In either granting or denying probation, what shall the court consider?

Take Note: The term “depreciate” as used above means degrade.

g. Control and Supervision of Probationer; and

What are the two main functions of a Probation Officer?