CLJ 12 Introduction to Philippine Criminal Justice System

Name: Reymark Maribao

Block: 13

Prosecution & Courts

1. Agencies under the DOJ belongs in prosecutorial system and its purpose.
A. BUREAU OF CORRECTIONS- charged with custody and rehabilitation of national
offenders, that is, those sentenced to serve a term of imprisonment of more than three
(3) years.
B. BUREAU OF IMMIGRATION- act as collegial bodies and exercises quasi-judicial
powers affecting the entry and stay of foreign nationals in the country.
C. NATIONAL BUREAU OF INVESTIGATION- the main objective of NBI is the
establishment and maintenance of a modern, effective and efficient investigative
service and research agency for the purpose of implementing fully principal functions
provided under Republic AACT No. 157, as amended.
D. PAROLE AND PROBATION ADMINISTRATION
The PPA provides a less costly alternative to imprisonment of offenders who are
likely to respond to individualized community-based treatment programs.
E. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
Charged with the task of assisting the President in the recovery of ill-gotten wealth
accumulated by former President Ferdinand E. Marcos, his immediate family, relatives,
subordinates and close associates, whether located in the Philippines or abroad,
including the takeover or sequestration of all business enterprises and entities owned
or controlled by them, during his administration, directly or through nominees, by
taking undue advantage of their public office and/or using their powers, authority,
influence, connection or relationship; the investigation of such cases of graft and
corruption as the President may assign to the Commission from time to time; and the
adoption of safeguards to ensure that the above practices shall not repeated in any
manner under the new government, and the institution of adequate measures to
prevent the occurrence of corruption.
F. PUBLIC ATTORNEYS’S OFFICE
Provide the indigent litigants, the oppressed, marginalized, and underprivileged
members of the society free access to courts, judicial and quasi-judicial agencies, by
rendering legal services, counseling and assistance in consonance with the
Constitutional mandate that free access to courts shall not be denied to any person by
reason of poverty in order to ensure the rule of law, truth and social justice as
components of the country’s sustainable development.
G. OFFICE OF THE ALTERNATIVE DISPUTE
To promote develop and expand the use of alternative dispute resolution (ADR) in the
private and public sectors; and, to assist government to monitor, study and evaluate the
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sue by the public and the private sector of ADR, and recommend to Congress needful
statutory changes to develop, strengthen and improve ADR practices in accordance
with world standards.
H. OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
The Office of the Government Corporate Counsel (OGCC) was founded on December 01,
1935 as a Government Counsel Division under the Department of Justice. To date, it has
emerged as the premier law office of government owned and controlled corporations
(GOCCs), their subsidiaries, other corporate offsprings and government-acquired asset
corporations.
I. OFFICE OF THE SOLICITOR GENERAL
The office of the solicitor General which is an independent and autonomous office attached
to the Department of Justice of budgetary purposes is the legal representative of the
Government of the republic of the Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding investigation or matter requiring the
services of a lawyer before the local court systems or international for a.
J. LAND REGISTRATION AUTHORITY
Mandated to issue decrees of registration and certificates of titles and register documents,
patents and other land transactions for the benefit of landowners, Agrarian Reform-
beneficiaries and the registering public in general; to provide a secure, stable and
trustworthy record of land ownership and recorded interests therein so as to promote
social and economic well-being and contribute to national development.

2. National Prosecution Service, its mandates, composition and function.

The role of the National Prosecution Service in the Criminal Justice System is two-fold: (1)
to investigate allegations that a crime has been committed; and (2) to prosecute all cases
involving violations of penal laws.
The NPS is mandated to assist the Secretary of Justice in the performance of powers and
functions of the Department of Justice in the performance of powers and functions of the
Department relative to its role as the prosecution arm of the government, particularly the
investigation and prosecution of criminal offenses.
The NPS is composed of a Prosecution Staff in the Office of the Secretary of Justice headed
by a Prosecutor General, Regional prosecution offices, as well as field prosecution offices in
every province and city of the country.
 CLJ 12 Introduction to Philippine Criminal Justice System

3. Ranking in the NPS (RA 10071).

Rank Position/Title
Prosecutor V 1 Senior Deputy State Prosecutors
2 Regional Prosecutors
3 Provincial Prosecutors
4 City Prosecutors
Prosecutor IV 1 Deputy State Prosecutors
2 Deputy Regional Prosecutors
3 Deputy Provincial Prosecutors
4 Deputy City Prosecutors
Prosecutor III 1 Senior Assistant State Prosecutors
2 Senior Assistant Regional Prosecutors
3 Senior Assistant Provincial Prosecutors
4 Senior Assistant City Prosecutors
5 Assistant State Prosecutors
6 Assistant Regional Prosecutors
7 Assistant Provincial Prosecutors
8 Assistant City Prosecutors
9 Assistant Provincial Prosecutors
10 Associate City Prosecutors

4. Philippine Judicial Courts and their function.

Ex.
Definition:
MTC- Municipal Trial Court
MCTC-Municipal Circuit Trial Courts
MeTC-Metropolitan Trial Courts
Qualifications:
MTC, MCTC, MeTC
-must be at least thirty years (30) of age and, for at least five (5) years, have been engaged
in the practice of law in the Philippines or have held a public office in the Philippines
requiring admission to the practice of law as an indispensable requisite.

Jurisdiction:
MTC, MCTC, MeTC ( Criminal Case)
- The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts under section 32 (2) of B.P. Blg. 129 as amended
by R. A 7691, has been increased to cover offenses punishable with imprisonment
not exceeding six years irrespective of the amount of the fine. As a consequence, the
Regional Trial Courts have no more original jurisdiction over offenses committed by
 CLJ 12 Introduction to Philippine Criminal Justice System

public pfficers and employees in relation to their office, where the offense is
punishable by more than four (4) years and two (2) months up to (6) years
The provisions of Section 32 (2) of B.P. Blg. 129, as amended by R.A. No. 7691, apply only to
offenses punishable by imprisonment or fine, or both, in which case the amount of the fine
is disregarded in determining the jurisdiction of the court. However, in cases where the only
penalty provided by law is a fine, the amount thereof shall determine the jurisdiction of the
court in accordance with the original provisions of Section 32 (2) of B.P. 129 which fixed the
original exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts over offenses punishable with a fine of not more than Php
4,000. If the amount of the fine exceeds Php 4,000, the Regional Trial Courts shall have
jurisdiction, including offenses committed by public officers and employees in relation to
their office, where the amount of the fine does not exceed Php 6,000.

However, this rule does not apply to offenses involving damage to property through
criminal negligence which are under the exclusive original jurisdiction of the Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, irrespective of the
amount of the imposable fine.

D. Cases Governed by the Summary Rules (Revised Rules on Summary Procedure)

- Violations of traffic laws, rules and regulations;

- Violations of the Rental Law;

- Violations of the municipal or city ordinances.

- Offenses committed by the public officers and employees in relation to their office,
including those employed in government-owned-or-controlled corporations, where
the penalty prescribed by law is imprisonment of not exceeding six (6) months, or a
fine of not exceeding Php 1,000 or both;

- All other criminal cases where the penalty prescribed by law for the offense charged
does not exceed six (6) months imprisonment, or a fine of not exceeding Php 1,000,
or both, irrespective of other imposable penalties, accessory or otherwise, or of the
civil liability arising therefrom.

- Offenses involving damage to property through criminal negligence where the

imposable fine does not exceed Php 10,000.
-

MTC, MCTC, MeTC ( Civil Case)

- Jurisdiction of the MeTC, MTC, and MCTC shall include civil actions involving title to or
possession of real property, or any interest therein where the assessed value of the
property does not exceed P20, 000.00 (or P50, 000.00 in Metro Manila).