Republic of the Philippines

CAVITE STATE UNIVERSITY

Bacoor City Campus
SHIV, Molino VI, City of Bacoor

COLLEGE OF CRIMINAL JUSTICE

1st Semester A.Y 2023-2023
Introduction to Philippine Criminal Justice System
By: Jeirome P. Domingo

HISTORICAL BACKGROUND OF LAW

What is Law?
LAW – is a Norse word, it is legally defined as a rule of conduct, just and made obligatory by legitimate
authority for the general welfare and benefit of all people. This is in connection with the famous legal
Latin maxim which states that SALUS POPULI EST SUPREMA LEX; or THE SAFETY OF THE
PEOPLE IS THE SUPREME LAW. Law serves as a variety of functions. Take Note: “Law must be
obeyed and followed by citizens subject to sanctions or legal consequence is a law.”
The Philippine Legal System
The Philippine legal system is aptly described as a blend of customary usage, and Roman (civil law)
and Anglo-American (common law) systems. The civil law operates in areas such as family relations,
property, succession, contract and criminal law while statutes and principles of common law origin
are evident in such areas as constitutional law, procedure, corporation law, negotiable instruments,
taxation, insurance, labor relations, banking and currency. In some Southern parts of the islands,
Islamic law is observed.
The main sources of Philippine law are:
1. The Constitution - the fundamental and supreme law of the land.
● The Constitution of the Philippines - provides that the Republic of the Philippines is “a democratic
and republican state,” a representative government whose public officials derive their mandate from
the people, act on their behalf, and are at all times accountable to them on the principle that their
office is a public trust.
2. Criminal Law
● It is defined as the branch of public law which defines crimes, treats their nature and provides for
their punishment.
● Act No. 3815 – The primary source of criminal law in the Philippines. It is otherwise known as the
Revised Penal Code and it took effect on January 1, 1932.
3. Statutes
✓ Including Acts of Congress, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuances.
✓ During periods when the executive exercised legislative powers, presidential issuances have
also been considered Statutes.
✓ Enacted by the legislative branch. (Ex: Acts, Commonwealth Acts, Batas Pambansa, and
Republic Acts (RA), Presidential Decrees (PD), and Executive Orders (EO).

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 ✓ Local government ordinances, which are passed by local legislative bodies, are also
considered laws that apply within the jurisdiction of the local government unit that passed
them, provided that they are consistent with national laws.
✓ Acts and Public Acts - Statute enacted by the legislature from 1899 to 1935.
✓ Commonwealth Act - Statutes enacted from 1935 to 1941.
✓ Republic Acts – Statutes enacted from 1946 to 1972 and from 1987 until now.
✓ Batas Pambansa or National Law- Statutes passed by the legislature from 1978 to 1984.
4. Treaties and Conventions - these have the same force of authority as statutes.
5. Judicial decisions - Art 8 of the Civil Code provides that ‘judicial decisions applying to or
interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only
decisions of its Supreme Court establish jurisprudence and are binding on all other courts.
6. To some extent, customary law also forms part of the Filipino legal system. Art 6, para 2 of the
Constitution provides that ‘the State shall recognize, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions and institutions’.
7. The primary sources of Muslim law / Shariah are the Quran, Sunnah, Ijma and Qiyas.
THE THREE BRANCHES OF THE GOVERNMENT
There are three equal branches of government:
1. Legislative;
2. Judicial; and
3. Executive.
These three operate under the doctrine of separation of powers and a system of checks and balances.
1. Executive branch -is charged with the faithful execution of laws. This entails the prerogative to
choose who to prosecute for criminal violations, as well as the apprehension and punishment of
lawbreakers. The executive branch also has the power to grant reprieves, commutations, and pardons
and to remit fines and forfeitures after a final judgment of conviction has been issued by a court.
2. Legislative branch - In the Philippines, the power to propose, enact, amend, and repeal laws is
vested primarily in Congress. Congress consists of the Senate and House of Representatives. The
Constitution also provides certain mechanisms by which people can directly propose and enact laws,
or approve or reject any act or law passed by Congress or local legislative bodies.
3. Judiciary branch - is the branch of government that is engaged in dispute resolution. The judiciary
is the only agency that has the power to interpret the law when it is unclear or susceptible to different
interpretations.

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 CONCEPT OF CRIME AND JUSTICE
Crime is an act or omission punishable by law forbidding or commanding it.
Based on the Theory of Logomacy there is no crime if there is no law punishing such act. That is why
it is very important for us to define first what law is all about.
Law – is defined as the rule of conduct, just made obligatory by legitimate authority for the general
welfare and benefit of all the people.
Sources of Philippine Criminal Law:
1. The Revised Penal Code (Act No. 3815) and its amendments.
2. Special Penal Laws passed by the Philippine Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the Philippines, and the Batasang Pambansa.
3. Penal Presidential Decrees issued during Martial Law.
Take Note: Court decisions are not sources of criminal law, because they merely explain the meaning
of, and apply, the law was enacted by the legislative branch of the government.
Power to define and punish crimes
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The State has the authority, under its police power, to define and punish crimes and to lay down the
rules of criminal procedure. States, as a part of their police power, have a large measure of discretion
in creating and denning criminal offenses. (People vs. Santiago, 43 Phil. 120, 124)
The right of prosecution and punishment for a crime is one of the attributes that by a natural law
belongs to the sovereign power instinctively charged by the common will of the members of society
to look after, guard and defend the interests of the community, the individual and social rights and the
liberties of every citizen and the guaranty of the exercise of his rights. (U.S. vs. Pablo, 35 Phil. 94,
100)
Limitations on the power of the law-making body to enact penal legislation. The Bill of Rights of the
1987 Constitution imposes the following limitations:
• No ex post facto law or bill of attainder shall be enacted. (Art. Ill, Sec. 22)
• No person shall be held to answer for a criminal offense without due process of law. (Art. Ill, Sec.
14[1]) The first limitation prohibits the passage of retroactive laws which are prejudicial to the accused.
• Congress is also prohibited from passing an act which would inflict punishment without judicial trial,
for that would constitute a bill of attainder.
What is an Ex-post Facto Law?
Derive from the Latin for "from a thing done afterward." It is used to refer a criminal statute that
punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.
It also makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act.
What is Bill of Attainder?
Is a legislative act which inflicts punishment without trial. Its essence is the substitution of a legislative
act for a judicial determination of guilt. (People vs. Ferrer, 48 SCRA 382, 395)
Criminal Law- is that branch or division of law which defines crimes, treats of their nature, and provides
for their punishment.
Three Characteristics of Criminal Law
1. General, in that criminal law is binding on all persons who live or sojourn in Philippine territory. (Art.
14, new Civil Code)
Exceptions to the General application of Criminal Law:
Take Note: There are cases where our Criminal Law does not apply even if the crime is committed
by a person residing or sojourning in the Philippines.
• The opening sentence of Article 2 of the Revised Penal Code says that the provisions of this Code
shall be enforced within the Philippine Archipelago, "except as provided in the treaties and laws of
preferential application."
• Persons exempt from the operation of our criminal laws by virtue of the principles of public
international law.
The following are not subject to the operation of our criminal laws:
(1) Sovereigns and other chiefs of state.
(2) Ambassadors, minister’s plenipotentiary, minister’s resident, and charges d'affaires.

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2. Territorial, in that criminal laws undertake to punish crimes committed within Philippine territory.
The principle of territoriality means that as a rule, penal laws of the Philippines are enforceable only
within its territory. The law is binding to all crimes committed within the National Territory of the
Philippines. Terrestrial- jurisdiction exercised over land
Fluvial – over maritime and interior waters
Aerial – over the atmosphere
Exception: It can still be applied under the following conditions:
• Should commit an offense while on a Philippine ship or airship.
• Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
• Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
• While being public officers or employees, should commit an offense in the exercise of their functions;
or
• Should commit any of the crimes against national security and the law of nations, defined in Title
One of Book Two of this Code.
3. Prospective, in that a penal law cannot make an act punishable in a manner in which it was not
punishable when committed. As provided in Article 366 of the Revised Penal Code, crimes are
punished under the laws in force at the time of their commission.
Exceptions to the prospective application of criminal laws: Whenever a new statute dealing with crime
establishes conditions more lenient or favorable to the accused, it can be given a retroactive effect.
But this exception has no application:
1. Where the new law is expressly made inapplicable to pending actions or existing causes of action.
(Tavera vs. Valdez, 1 Phil. 463, 470-471)
2. Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Art. 22,
RPC)
Mala In Se The act is wrong from its very nature and criminal intent is an element for mala in se.
Good faith is a valid defense unless the crime is the result of culpa. Crimes under the Revised Penal
Code are mala in se in nature. Thus, intent is an element.
Mala Prohibita The act is wrong because it is prohibited by law. Criminal intent is not material but
still requires intelligence and voluntariness. Usually, special laws are Mala Prohibita. However, there
are special laws that are mala in se in nature. E.g, RA 8353, “The New Rape Law”.
CONCEPTS OF CRIMINAL, VICTIM, AND VICTIMIZATION THEORIES
Who is a Criminal?
A person who committed a crime and convicted by final judgment.
The term criminal is used both in layman and legal perspective.
In the legal sense, criminal refers to any person who has been found to have committed a wrongful
act in the course of the standard judicial processes. In the criminology sense, a person is already
considered as the criminal the moment he committed any anti-social act even without conviction.
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Victimology is the scientific study of the psychological effects of crime and the relationship between
victims and offenders.
A victim is defined as a person who has suffered physical or emotional harm, property damage, or
economic loss as a result of a crime.
Theories of Victimization Theory of Victimization deals with the role that the victim plays in the criminal
event.
1. VICTIM PRECIPITATION THEORY
• According to victim precipitation theory, some people may actually initiate the confrontation that
eventually leads to their injury or death.
• In 1971, Menachem Amir suggested female rape victims often contribute to their attacks by...
pursuing a relationship with the rapist.
• A woman may become the target of domestic violence when she increases her job status and her
success results in a backlash from a jealous spouse or partner.
Victim Impulsivity:
• A number of research efforts have found that both male and female victims have an impulsive
personality that might render them abrasive and obnoxious, characteristics that might incite
victimization.
• It is possible that impulsive people are not only antagonistic and therefore more likely to become
targets, but they also are risk takers who get involved in dangerous situations and fail to take
precautions.
2. LIFESTYLE THEORY
• Some criminologists believe people may become crime victims because their lifestyle increases
their exposure to criminal offenders.
Examples:
• Single women who drink frequently and have a prior history of being sexually assaulted are most
likely to be assaulted on [college] campus.
• People who belong to groups that have extremely risky lives— homeless, runaways, drug users—
are at high risk for victimization; the more time they are exposed to street life, the greater their risk
of becoming crime victims.
3. DEVIANT PLACE THEORY
• The more often victims visit dangerous places, the more likely they will be exposed to crime and
violence
Victims do not encourage crime, but are victim prone because they reside in socially disorganized
high-crime areas where they have the greatest risk of coming into contact with criminal offenders,
irrespective of their own behavior or lifestyle.
4. ROUTINE ACTIVITIES THEORY
• The volume and distribution of predatory crime (violent crimes against a person and crimes in
which an offender attempts to steal an object directly) are closely related to the interaction of three
variables that reflect the routine activities of the typical American lifestyle:

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a. The availability of suitable targets, such as homes containing easily saleable goods.
b. The absence of capable guardians, such as police, homeowners, neighbors, friends, and
relatives. Even the most desperate criminal might hesitate to attack a well-defended target [A]n
undefended yet attractive target (not referring to sexual) becomes an irresistible objective for
motivated criminals.
c. The presence of motivated offenders, such as a large number of unemployed teenagers.
What is the different designation of a person under the pillars of Philippine Criminal Justice System?
Pillars Designation
Law Enforcement/Police At this stage a person is called SUSPECT.
Prosecution At this stage a person is called RESPONDENT.
Court At this stage a person is called ACCUSED.
Correction At this stage a person is called CRIMINAL.
Community At this stage a person is called EX-CONVICT.

CRIMINAL JUSTICE SYSTEM AND ITS PILLARS

The Concepts of Criminal Justice System
Definitions of Criminal Justice System:
• The machinery which the society uses in the prevention and control of crimes.
• Criminal Justice System refers to the agencies responsible for enforcing criminal laws, including
legislatures, police courts, and corrections.
• It may also refer to the totality of the activities of the law enforcers, prosecutors, judges, and
corrections personnel, as well as those of the mobilized community in crime prevention and control.

Criminal Justice System refers to the various sequential stages through which offender pass, from
initial contact with the law to final disposition, and the agencies charged with enforcing the law at each
of these stages.
The Criminal Justice System of the Philippines is composed of the following components also known
as the 5 Pillars of PCJS:
I. Law enforcement or Police
-known as the prime mover and front liner of CJS.
II. Prosecution
_conduct inquest proceedings and preliminary investigation to determine probable cause.
III. Court
-conduct trial to determine the guilt or innocence of an accused.
IV. Correction
-reforms and rehabilitates the criminal offenders.
V. Community

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-considered as the core of CJS and molds the person from birth and reintegrates offenders back to
their home.
Take note: The system how the components work is this: If a person committed a crime or violated
any law, a complaint will be filed against the person at the nearest police station which has jurisdiction
over the area. An investigation will then be conducted by the police, gather facts and evidence about
the case. If there is probable cause, the case will then be forwarded to the prosecution. The prosecutor
will determine whether the person arrested or suspected be in the sit of the criminal justice process.
The prosecutor determines whether the evidence gathered by the police meets the standard of proof
for successful prosecution and conviction. Once determined, information will be filed by the prosecutor
to the court. In court, trial will then be held to determine the guilt or innocence of the accused beyond
reasonable doubt.
If found guilty, the person will be transported to the prison institution to serve the sentence of
imprisonment. If found not guilty, it means that the person is acquitted with the crime charged against
him/her and has no criminal liability.
Justice – It is the principle of dealing with fairness and equality in the application of law; the idea of
giving a person his due as a matter of right.
Lady Justice originates from the personification of Justice in Ancient Roman art known as Iustitia or
Justitia, who is equivalent to the Greek goddess Dike.
Lady Justice is an allegorical personification of the moral force in judicial systems.
Her attributes are a blindfold, scales, and a sword. She often appears as a pair with Prudentia.
System – A process; a coordinated body of method or organized way of work.
Why Criminal Justice System is a System?
Criminal justice is important because it's a system that includes law enforcement, courts, prisons,
counseling services, and a number of other organizations and agencies that people come into contact
with on a daily basis.
Due Process – A concept of law which hears before it condemns; which proceeds upon inquiry and
renders judgment after trial.

LAW ENFORCEMENT PILLAR (ARREST, SEARCH AND SEIZURE AND ENTRAPMENT)

Law Enforcement or Police- refers to any system by which members of the society act in an organized
manner to enforce the law by discovering, deterring, rehabilitating, or punishing people, who violate
the rules and norms governing that society. Police- is a generic term referring to any government
agency that enforce laws.
Law enforcement officer- is someone who enforces a law by discovering, deterring, rehabilitation or
punishing people who violate the rules and norms governing that society.
Take Note: The Law Enforcement or Police Pillar of CJS, conducts arrest, search, and seizure that’s
why it is considered as the PRIME MOVER and FRONT LINER of the CJS. The process in CJS
begins when a crime is reported to the police and when the police themselves discover that a crime
has been committed.
The Different Police Activities

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Law enforcement officers directly engaged in patrols or surveillance. However, the different police
activities include the following:
P-revention of Crime; It is intended to determine and prevent the root cause of crime.
R-epression or Suppression of Crime; It is done to reduce the opportunity of committing a crime.
A- pprehension of Offenders;
S-earch and Seizure;
I-nvestigation of Crime;and
P-rotection of lives and properties.
What is the primary law enforcement agency in the Philippines?
In the country, the primary law enforcement or police agency is the PNP or Philippine National Police.
Legal Foundations of Police (PNP)
1. Article XVI Sec. 6 of the 1987 Philippine Constitution.
• It provides that “The State shall establish and maintain one police force, which shall be national in
scope and civilian in character, to be administered and controlled by a national police commission.
The authority of the local executives over the police units in their jurisdiction shall be provided by law.”
2. Republic Act No. 6975
• An Act Establishing the Philippine National Police under a reorganized Department of the Interior
and the Local Government (DILG), and for other purposes also known as the DILG Act of 1990, as
amended by Republic Act 8551 and Republic Act No. 9708 on Dec. 13, 1990.
3. Republic Act No. 8551
• An Act providing for the reform and reorganization of the Philippine National Police and for other
purposes, amending certain provisions of R.A No. 6975. This Act is also known as the PNP Reform
and Reorganization Act of 1998, as amended by the Republic Act No. 9708. 4. Republic Act No. 9708
• An Act Extending for 5 years the reglementary period for complying with the Minimum Educational
Qualification for Appointment to the Philippine National Police and Adjusting the Promotion System.
Amending the pertinent provisions of R.A No. 6975 and R.A No. 8551.
The work of the PNP is the prevention and control of crimes, enforcement of laws, and affecting the
arrest of offenders, including the conduct of lawful searches and seizures to gather necessary
evidence so that a complaint may be filed with the Prosecutor's Office.
WHAT IS AN 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. How is Arrest Made? An arrest is made by an actual restraint of a person
to be arrested, or by his submission to the custody of the person making the arrest. No violence or
unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for his detention.
Section 2. Rule 113 of the Revised Rules on Criminal Procedure provides for the manner, time and
conduct of arresting a person who committed a crime.
General Rule in Conducting Arrest:

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In conducting arrest there must be a valid WARRANT OF ARREST. All arrests should be made only
on the basis of a valid Warrant of Arrest issued by a competent authority, except in instances where
the law allows warrantless arrest. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater restraint than what is necessary
under the circumstances.
Basis of Warrant of Arrest:
According to Art. III, Sec. 2 of the 1987 Philippine Constitution it states that “The right of the people
to be secured in their persons, houses, and papers, effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable and no search warrant or warrant
of arrest shall be issue except upon probable cause to be determined personally by the judge after
the examination under oath or affirmation of the complainant and the witnesses that may be produced,
and particularly describing the place to be searched and the persons to be seize.”
Warrant of Arrest
Is a written authority or order in writing issued in the name of the 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.
WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?
A peace officer or private person may arrest without warrant:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. 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,
3. 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.
What is a Citizen’s Arrest?
A warrantless arrest that can be effected by a private individual or a citizen.
What is Alias Warrant?
A second writ of execution replacing the first one due to expiration.
What is a John Doe Warrant?
A warrant for the apprehension of a person whose true name is unknown. Generally, John Doe
Warrant is void because it violates the constitutional provision which requires that warrant of arrest
should particularly describing the person to be arrested. It is considered valid if the best description
possible is given in the arrest warrant.
What is Search and Seizure?
Search in criminal law, is used to describe a law enforcement agent’s examination of a person’s
home, vehicle, or business to find evidence that a crime has been committed. Seizure happens if
the officers take possession of items during the search.
GENERAL RULE IN CONDUCTING SEARCH AND SEIZURE:
In every search there must be a valid SEARCH WARRANT.
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What is Search Warrant? Is a written authority or order in writing issued in the name of the People of
the Philippines, signed by the judge and directed to a peace officer commanding him to search for a
personal property described therein and bring it before the court.
WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?
A search and seizure is unreasonable if it is made without a search warrant, or the warrant was
invalidly issued.
Who Issues a Warrant of Arrest and Search Warrant?
Only judges are authorized to issue Warrants of Arrest and Search Warrants.
Probable cause- is a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial. (Sec.1, Rule 112, Revised Rules on Criminal
Procedure)
WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE FINDING OF PROBABLE
CAUSE?
1. Probable cause in filing of information
2. Probable cause in the issuance of a search warrant
3. Probable cause in the issuance of a warrant of arrest
What is Entrapment?
Entrapment is the employment of such ways and means for the purpose of trapping or capturing a
lawbreaker. In entrapment, the criminal intent or design to commit the offense charged originates in
the mind of the accused, and law enforcement officials merely facilitate the apprehension of the
criminal by employing ruses and schemes; thus, the accused cannot justify his or her conduct. As has
been said, instigation is a “trap for the unwary innocent,” while entrapment is a “trap for the unwary
criminal.”
Instigation- is the means by which the accused is lured into the commission of the offense charged
in order to prosecute him. In instigation, officers of the law or their agents incite, induce, instigate or
lure an accused into committing an offense which he or she would otherwise not commit and has no
intention of committing.
Law Enforcement Pillar (Philippine National Police and other Law Enforcement Agencies)
PNP is the primary police force since:
1. It is mandated by Constitution (Art 16, Sec 6) – National in scope (one police force – merge INP
and PC) and civilian in character (it is not connected with military);
2. There may be other agencies whose function is the same with PNP but they are working specific
functions not like PNP which we can consider as junk of all work loads and the first legally authorized
person whom individuals may contact in cases of any emergencies or incidents.
Don’t forget that in history, the term POLICE as used by French refers to any person who enforces
the law that’s why generally all agencies/person that enforces the law can be called as police. In our
case we don’t use that. We refer the term police only to members of PNP. Members of PDEA and
NBI used the term AGENTS.

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Law enforcement may be most concerned with the prevention and punishment of crimes,
organizations exist to discourage a wide variety of non-criminal violations of rules and norms, effected
through the imposition of less severe consequences such as probation.
The term peace officer, or law enforcement officer, to include every person vested by the legislating
state with police power or authority, traditionally, anyone "sworn or badged, who can arrest any person
for a violation of criminal law, is included under the umbrella term of law enforcement.
What are the law enforcement agencies in the country other than PNP?
• National Bureau of Investigation (NBI)
• Philippine Center on Transnational Crime (PCTC)
• Philippine Coast Guard (PCG)
• Bureau of Immigration
• PDEA
1. National Bureau of Investigation or NBI
• Is an agency of the Philippine government under the Department of Justice, responsible for handling
and solving major high-profile cases that are in the interest of the nation.
• Headed by a Director who shall be appointed by the President of the Philippines with the consent of
the Commission on Appointments of the Congress of the Philippines.
• It undertakes efficient detection and investigation of crimes and other offenses against the laws of
the Philippines upon its own initiative and as public interest may require, renders technical assistance
upon request in the investigation and detection of crimes and other offenses, coordinates with other
national and local police agencies in the maintenance of peace and order, and establishes and
maintains an up-to-date scientific crime laboratory.
• It also acts as a national clearing house of criminal and other information for the use of all prosecuting
and law enforcement entities of the Philippines.
Legal Basis
• Commonwealth Act No. 181 (November 13, 1936) saw the inception of the National Bureau of
Investigation, originally called Division of Investigation (patterned after the US Federal Bureau of
Investigation).
• Republic Act No. 157 (June 19, 1947) reorganized the Division of Investigation into the Bureau of
Investigation under the Department of Justice (DOJ).
• Executive Order No. 94 (October 4, 1949) renamed the Bureau of Investigation to National Bureau
of Investigation which remained attached to DOJ.
• Executive Order No. 292 (July 25, 1987), the Administrative Code of 1987, provided for the
organization structure and operation of the DOJ and its attached agencies, including the NBI.
• Republic Act No. 10867 (June 23, 2016) - This Act shall be known as the "National Bureau of
Investigation Reorganization and Modernization Act". Under this, the NBI shall implement a
modernization program geared towards the acquisition of state-of-the-art investigative and
intelligence equipment and the establishment of forensic and scientific laboratories. The program shall
include provisions for the training of its personnel in this regard.
2. Philippine Center on Transnational Crime (PCTC)
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• It handles crimes related and considered as transnational crime; crimes that transcend beyond
borders. • The PCTC is under the Office of the President.
• The Executive Director has immediate supervision and control over all units of the PCTC. As such,
he is authorized to designate duties and functions of all units and personnel of the PCTC.
• Executive Order No. 62 (s. 1999) created the Philippine Center on Transnational Crime (PCTC)
under the Office of the President (OP), and placed it under the control and supervision of the National
Police Commission.
• Executive Order No. 295 This Executive Order, in effect, amended Executive Order No. 62
particularly with regard to the provision on the exercise of direct supervision and control over the
Center. The PCTC was transferred from the NAPOLCOM to the Presidential Anti-Organized Crime
Commission (PAOCC) in order to ensure a focused and coordinated response against all forms of
TNCs.
• Executive Order No. 146 dated October 22, 2002- Amending Executive Order No.62, transferring
the general supervision and control of the Philippine Center on Transnational Crime to the Office of
the National Security Adviser.
• Executive Order No. 735 dated June 20, 2008- Placing the Philippine Center on Transnational
Crime, Created under Executive Order No. 62 dated January 15, 1999, Under the Department of
Interior and Local Government.
• Executive Order No. 35 dated April 11, 2011- Transferring the control and supervision of the
Philippine Center on Transnational Crime from the Department of the Interior and Local Government
to the Office of the President to enhance the coordination among its departments, bureaus, offices,
agencies, and instrumentalities for a “whole of government approach” towards a more efficient,
coordinated, collaborative, and synergized effort against organized transnational criminal activity, and
to link national efforts with international agencies and institutions directly involved in the global
campaign against transnational crimes.
TRANSNATIONAL CRIMES
Transnational crimes are crimes that have actual or potential effect across national borders and
crimes that are intrastate but offend fundamental values of the international community.
What are examples of Transnational Crimes according to PCTC?
• Illicit trafficking of narcotic drugs and psychotropic substances;
• Money laundering;
• Terrorism;
• Arms Smuggling;
• Trafficking in Persons;
• Piracy; and
• Other crimes that have an impact on the stability and security of the country.
3. Philippine Coast Guard (PCG)
• Is an armed and uniformed service tasked primarily with enforcing laws within Philippine waters,
conducting maritime security operations, safeguarding life and property at sea, and protecting marine
environment and resources.

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• The Coast Guard also serves as an attached service of the Armed Forces of the Philippines in
wartime. • It is an agency attached to the Department of Transportation of the Philippines.
• The Philippine Coast Guard is led by the Commandant of the Philippine Coast Guard, and directly
reports to the Secretary of Transportation in maritime law enforcement, and also reports to the Chief
of the Navy in wartime.
• The Philippine Coast Guard is the country’s vanguard against the entry of unsafe foreign vessels
into the country through its Port State Control.
• At present, the Philippine Coast Guard has seven (7) PSC Centers and fifteen (15) PSC Divisions
all throughout the archipelago.
• RA 9993, the Philippine Coast Guard is mandated to enforce regulations in accordance with all
relevant maritime international conventions, treaties or instruments of which the government is
signatory and national laws.
• MARITIME SAFETY or MARSAF function is designed to help prevent or minimize unnecessary loss
of lives and properties at sea.
• In times of war as declared by Congress, Philippine Coast Guard shall be attached to the Armed
Forces of the Philippines
Department of National Defense.
• Also known between 1972 and 1987 as the Bureau of Immigration and Deportation,
• It is the immigration regulatory and control body of the Philippines.
• It was established by the Philippine Immigration Act in 1940, although a predecessor agency had
existed as part of the Bureau of Customs since 1899.
• The Bureau of Immigration (BI) is principally responsible for the administration and enforcement of
immigration, citizenship, and alien admission and registration laws in accordance with the provisions
of the Philippine Immigration Act of 1940.
• In 1948, the Bureau was reverted to the jurisdiction of the Department of Justice where it has
remained up to the present time.
• Acts as the primary enforcement arm of the Department of Justice and the President of the
Philippines in ensuring that all foreigners within its territorial jurisdiction comply with existing laws.
• Acts as chief repository of all immigration records pertaining to entry, temporary sojourn, admission,
residence and departure of all foreigners in the country.
• On July 25, 1987, President Corazon C. Aquino signed Executive order No. 292, also known as the
Administrative Code of 1987. Said order renamed the office, “Bureau of Immigration.” It continues,
however, to perform all the powers and functions it had while still a commission, and its head of office
still remains to be called commissioner as provided under DOJ.
5. PDEA
• Philippine Drug Enforcement Agency is the lead anti-drug law enforcement agency, responsible for
preventing, investigating and combating any dangerous drugs, controlled precursors and essential
chemicals within the Philippines.
• The agency is tasked with the enforcement of the penal and regulatory provisions of Republic Act
No. 9165 (R.A. 9165), otherwise known as the Comprehensive Dangerous Drugs Act of 2002.

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• It is also the is the implementing arm of the Dangerous Drugs Board (DDB).
• PDEA and DDB are both under the supervision of the Office of the President of the Philippines.
Republic Act No. 9165
• Also known as the Comprehensive Dangerous Drugs Act of 2002.
• The enactment of R.A. 9165 reorganized the Philippine drug law enforcement system.
• The R.A. 9165 defines more concrete courses of action for the national anti-drug campaign and
imposes heavier penalties to offenders.
Prosecution and its Components
PROSECUTION PILLARS OF CJS
Prosecution, or the second (2nd) pillar, is primarily concerned with the investigation of the complaint
filed before its office. It is the second component that takes care of the investigation of complaints.
In the rural areas, the PNP may file the complaint with the inferior courts (MTC, or the MCTC). Once
a prima facie case has been determined, the complaint is forwarded to the City or Provincial
Prosecutor’s office, which will review the case. When the complaint has been approved for filing with
the Regional Trial Court, a warrant of arrest for the accused will be issued by the court once the
information has been filed.
WHAT IS PROSECUTION?
It refers to the process wherein the accusation is brought before the court of justice to determine the
guilt or innocence of the accused.
National Prosecution Service is the prosecution arm of the government composed of Provincial
Prosecutors, City Prosecutor, Regional Prosecutors, and State Prosecutors placed under the
supervision and control of DOJ.
The National Prosecution Service is the official prosecutorial agency of the Philippines. The National
Prosecution Service was created by virtue of Presidential Decree No. 1275, in 1978. P.D. No. 1275
was later amended and repealed by Republic Act No. 10071, or the Prosecution Service Act of 2010,
which strengthened the powers and organization of the National Prosecution Service.
What is the primary responsibility of NPS?
NPS is primarily responsible for the preliminary investigation and prosecution of all cases involving
violations of penal laws under the Chief of State Prosecutor.
Who is the head of the NPS?
The head of the NPS is the Prosecutor General, who is formerly called as the Chief State Prosecutor.
COMPONENTS OF PROSECUTION
WHO IS PROSECUTOR?
Refers to the person who is quasi-judicial officers which assures full discretion and control over a
criminal case in the administration of justice and represents the government or people of the
Philippines in a criminal proceeding in the court of law.
ROLES OF PROSECUTORS IN PROSECUTION PILLAR OF CJS

P a g e 15 | 39
• Prosecutor is the one who decides whether the person arrested or suspected be in the sit of the
criminal justice process.
• Prosecutor determines whether the evidence gathered by the police meets the standard of proof for
successful prosecution and conviction.
• Prosecutors are gatekeepers in the Criminal Justice System. They have significant discretion to
decide whether to press charges and what those charges will be.

Private lawyers should also be deemed part of the CJS Prosecution Pillar because they already
represent the parties (the complainant or the respondent) even in proceedings before the Prosecutors.
So also, public defenders - such as the members of the Public Attorney’s Office (PAO) and other
Legal Aid Lawyers - should also be considered as part of the Prosecution Pillar.
INSTITUTION OF CRIMINAL ACTION
THE PROSECUTION PROCESS
1. The prosecution of crimes committed shall be determined by the prosecutor as to what court has
the jurisdiction over the offense committed.
2. For crimes committed which carries six (6) years imprisonment or below- the complaint may be
filed directly to the court that has jurisdiction over it. Such as: MTC, MCTC or to the Prosecutor’s
Office.
3. For Metropolitan Cities and chartered cities the complaint may be filed only with the office of the
Prosecutor. For offenses falling under the jurisdiction of the RTC,

P a g e 16 | 39
Such as: RAPE, MURDER, HOMICIDE or has a penalty above six (6) years - the filing of complaint
must be in the PROSECUTOR’S OFFICE for the purpose of conducting PRELIMINARY
INVESTIGATION.
What is Preliminary Investigation?
An inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender
a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and
that the respondent is probably guilty thereof, and should be held for trial.
If during the preliminary investigation the investigating prosecutor finds no probable cause he should
accomplish the following:
• Recommend the release of the arrested or detained person.
• Note down the disposition of the case on the referral document.
• Prepare a brief memorandum indicating reasons for the action taken.
• Forward the records of the case to the city or provincial prosecutor.
• Approved the release of the detained person.
Who are the officers authorized to conduct preliminary investigations? The following may conduct
preliminary investigations:
• Provincial or City Prosecutors and their assistants;
• National and Regional State Prosecutors; and
• Other officers may be authorized by law.
Per A.M. 05-8-26 of the SUPREME COURT: Judges of the Municipal Trial Courts and Municipal
Circuit Trial Courts are NO LONGER ALLOWED to conduct preliminary investigation.
Take note: A preliminary investigation is required to be conducted before the filing of a 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 What is Inquest Proceedings?
An informal and summary investigation conducted by a public prosecutor in a criminal case involving
persons arrested and detained without the benefit of a warrant of arrest issued by the court, for the
purpose of determining whether or not the persons should remain under custody and correspondingly
be charged in court.
Sec. 7 When accused lawfully arrested without warrant. — When a person is lawfully arrested
without a warrant involving an offense which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such investigation provided an inquest has
been conducted in accordance with existing rules. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed by the offended party or a peace office directly with the proper
court on the basis of the affidavit of the offended party or arresting officer or person.
Section 2. The Complaint or information. — 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.
What is a Complaint?

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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.
What is an Information? An information is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.
Section 5, Rule 110 of the Revised Rules of Criminal Procedure which provides:
Section 5. Who must prosecute criminal action? - All criminal actions either commenced by complaint
or by information shall be prosecuted under the direction and control of a public prosecutor. In case
of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional
State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to
prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the
end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise
withdrawn.
Place Where Criminal Action Is to Be Instituted.
(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients
occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course
of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory
where such train, aircraft, or other vehicle passed during its trip, including the place of its departure
and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action
shall be instituted and tried in the court of the first port of entry or of any municipality or territory where
the vessel passed during such voyage, subject to the generally accepted principles of international
law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the criminal action is first filed.
Two Stages of Preliminary Investigation:
1. Preliminary Examination Stage – inquisitorial in nature – prosecutor decides whether to file charges
or not based on evidence presented; and
2. Preliminary Investigation Proper – accusatorial in nature – the charges filed against the person was
given merit and the same person is given the chance to file counter affidavit to disprove allegation
while maintaining the principle of “presumption of innocence”.
INSTITUTION OF CRIMINAL ACTION PART II
When Complaint and Information is Sufficient? Information and Complaint is sufficient if it states the
following:
1. The name of the accused
• The information and complaint must state the name and surname of the accused or any appellation
or nickname by which he has been or is known. If his name cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is unknown.

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2. The designation of the offense as defined by statute
• The information and complaint shall state the designation of the offense given by the statute, aver
the acts or omissions constituting the offense, and specify its qualifying and aggravating
circumstances.
3. The acts or omissions complained of as constituting the offense
• The acts or omissions complained of as constituting the offense and the qualifying and aggravating
circumstances must be stated in ordinary and concise language and not necessarily in the language
used in the statute but in terms sufficient to enable a charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.
4. The place of the commission of the offense
• The information and complaint are sufficient if it can be understood from the allegations that the
offense was committed or some of the essential ingredients occurred at some placed within the
jurisdiction of the court, unless the particular place where it was committed constitutes an essential
element of the offense or is necessary for its identification.
5. The approximate date of the commission of the offense
6. The name of the offended party
• The information and complaint must state the name and surname of the person against whom or
against whose property the offense was committed or any appellation or nickname by which person
has been or is known.
Take note: When an offense is committed by more than one person, all of them shall be included in
the complaint or information.
What are the Effects and Nature of a Preliminary Investigation?
1. It is merely inquisitorial
2. It is the only means of discovering whether the offense has been committed and the persons
responsible for it.
3. It enables the fiscal to prepare his complaint and information.
4. It is not a trial on the merits.
5. It determines whether there is probable cause to believe that ab offense has been committed and
the accused is probably guilty of it.
6. It does not place the accused in double jeopardy.
7. It does not affect the jurisdiction of the court only the regularity of the proceedings.
8. The accused cannot assert lack of preliminary investigation. Court cannot dismiss the case based
on this ground it should conduct the investigation or order the fiscal or lower court to do it.
9. Preliminary investigation may be waived.
10. The accused should invoke the right to P.I before plea, otherwise it is deemed waived.
11. The accused doesn’t have a full gamut of rights yet. He doesn’t have the right to counsel unless
a confession is being obtained from him.
12. There is no right to confront witnesses against him.
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 DEVELOPMENT OF COURT SYSTEM
COURT PILLAR OF CRIMINAL JUSTICE SYSTEM
Court – It is the 3rd Pillar of Criminal Justice System and stands as the cornerstone of the system.
The court is involved in securing the efficacy, efficiency and fairness in the administration of criminal
justice. The judicial bodies managed by the judges handle the most sensitive part of the criminal
justice process. It determines the innocence or guilt of the accused.
The Roles of the Court in the Criminal Justice System
• Determines the probable cause for the issuance of search warrant and warrant of arrest;
• Ensures the protection of the rights of the accused during trial;
• Grants bail to the accused if qualified;
• Conducts arraignment and plea;
• Conducts pre-trial;
• Conducts trial;
• Pronounces judgment;
• Considers new trial or reconsideration; and
• Considers appeal.
What is Court?
It is the body to which the public administration of justice is delegated, being a tribunal officially
assembled under the authority of law at the appropriate time and place for the administration of justice
through which the state enforces its sovereign rights and powers.
Court refers to a place or a tribunal presided over by a judge or a magistrate in a civil or criminal case.
Judge refers to the person or a public official appointed to decide cases in a court of law. A public
officer so named in his commission and appointed to preside over and to administer the law in a court
of justice.
The Philippine Court System
1. The Supreme Court of the Philippines was officially established on June 11, 1901 through the
passage of Act No. 136, otherwise known as the Judiciary Law of the Second Philippine Commission.
• The Supreme Court of the Philippines is the Philippines' highest judicial court and final court of
appeal.
• The Supreme Court is composed of the Chief Justice and 14 Associate Justices.
• All justices are appointed by the President from a list of recommenders presented by the Judicial
and Bar Council for a term until they reach the age of 70.
2. The Court of Appeals reviews the decisions and orders of the Regional Trial Courts and decisions
of the Court of Tax Appeals. The Court of Appeals is composed (en banc) of the Presiding Justice
and 69 Associate Justices. The court sits in divisions composed of three members. The Court is
located in Manila and has subdivisions in Cebu City and Cagayan de Oro City.

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3. The Sandiganbayan is a specialized court which has jurisdiction over criminal and civil cases
involving graft and corrupt practices and such other offenses committed by public officers and
employees, including those in government owned or controlled corporations, in relation to their office
as may be determined by law. (Art. XIII), 1973 Constitution. The Sandiganbayan court sits in 5
divisions of three justices each, located in Manila, Cebu City (Visayas region) and Cagayan de Oro
City (Mindanao region).
4. The Court of Tax Appeals was created under Republic Act No. 1125 and is a special court of limited
jurisdiction. The court is composed of a Presiding Justice and 8 Associate Justices.
5. The Shari'a District Courts are equivalent in rank to the Regional Trial Courts and are established
in certain specified provinces where the Code of Muslim Personal Laws of the Philippines is being
enforced. The Shari'a District Courts are equivalent in rank to the Regional Trial Courts and are
established in certain specified provinces where the Code of Muslim Personal.
6. Regional Trial Courts are established in the thirteen regions in the Philippines. (Regions I-XII and
the National Capital Region (NCR). It also refers to the highest trial courts in the Philippines. In criminal
matters, they have original jurisdiction.
7. Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it
covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more
municipalities.
• When the court covers two or more municipalities it is called a Municipal Circuit Trial Court.
• Municipal Trial Courts in the towns and cities (143 cities) in the Metropolitan Manila area are called
Metropolitan Trial Courts.
What is Jurisdiction?
It is the official power to make legal decisions and judgments and the practical authority granted to a
legal body to administer justice within a defined field of responsibility.
Take Note: Jurisdiction refers to the power or authority given by the law to a court or tribunal to hear
and determine certain controversies. The word jurisdiction is derived from the Latin term “juris” and
“deco” which means “I speak the law”.
What is Venue? Simply, is the place of trial or geographical location in which an action or proceeding
should be brought. The place where trial should be made
Wrong venue example: Carnapping happened in Bukidnon and was filed in RTC Butuan. Correct that
it was filed in RTC as Carnapping is punishable by 20 years and 1 day to 30 years but wrong venue.
Though change of venue may happen as the case may be in the exercise of impartial trial subject to
the approval of the Supreme Court
Classification of Jurisdictions
1. General Jurisdiction – when it is empowered to decide all disputes which may come before it except
to those assigned to other courts.
2. Limited Jurisdiction – when it has the authority to decide and hear only on a specified case.
3. Original Jurisdiction – when it can hear and decide a case presented for the first time.
4. Appellate Jurisdiction – when it can take a case already heard and decided by a lower court
removed from the later by appeal.

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5. Exclusive Jurisdiction– when it can try a case which cannot be presented before any court.
6. Concurrent Jurisdiction– when anyone of two or more courts may take cognizance of a case.
7. Criminal Jurisdiction – that which exists for the punishment of crime.
8. Civil Jurisdiction – that which exists when the subject matter is not a criminal in nature.
ORGANIZATION OF COURTS: REGULAR COURTS
• Supreme Court (Act No. 136)
• Court of Appeals (BP 129)
• Regional Trial Court (BP 129)
• Municipal Trial Court (RA 7691)
SPECIAL COURTS
• Court of Tax Appeals (RA 1125)
• Sandiganbayan (PD 1606)
• Family Courts ( RA 8369)
• Shari’a Court (PD 1083)
Constitutional and Legislative Courts
Constitutional Courts and Legislative Courts in the Philippines
Constitutional courts are courts created and mentioned by the constitution. The Constitution is the
mother of all laws and no law should be made in contrary to the constitution. It is also their guide in
making succeeding laws.
Legislative courts are made in the congress through enactment of laws.
1. Supreme Court (SC) is the highest court of the land and is the court of last resort. The 1987
constitution gives the Supreme Court "original jurisdiction on cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
2. Municipal Trial Court (MTC) – a trial court within the municipality.
3. Municipal Circuit Trial Court (MCTC) – one trial court that holds two or more municipalities or cities.
4. Municipal Trial Court in Cities (MTCC) – a Municipal Trial Court within the city.
5. Metropolitan Trial Court (MeTC) - a Municipal Trial Court within the metropolitan cities – meaning
it is composed of different cities. All cases in which the maximum imposable penalty is 6 years is
covered by the Municipal Trial Court. The term MTCC, MCTC or MeTC existed to refer an MTC in a
certain political subdivision (CDO, Manila, Gingoog, etc)
6. Sandiganbayan - is a special appellate collegial court in the Philippines that has jurisdiction over
criminal and civil cases involving graft and corrupt practices and other offenses committed by public
officers and employees.
Take note: It also has jurisdiction over other crimes committed by public officials, if these felonies
relate to their office. The Sandiganbayan was originally established as the Tanod bayan under the
1973 constitution. Cases are filed at the Sandiganbayan by the Ombudsman.
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 The 1987 Philippine Constitution created the Office of the Ombudsman. Article XI. Section 5
states, “There is hereby created the independent Office of the Ombudsman, composed of the
Ombudsman to be known as Tanodbayan, one overall Deputy, and at least one Deputy each for
Luzon, Visayas, and Mindanao. RA 6770 provides the structural and functional organization of the
Office of the Ombudsman. This is also the law that provides the Office of the Ombudsman
Prosecutorial Power.
Republic Act No. 6770, otherwise known as “The Ombudsman Act of 1989,” this Administrative Order
was created. The Ombudsman can impose administrative penalties like suspension and dismissal
without affecting the prosecution of criminal cases. Section
2. Coverage – These rules shall apply to all criminal and administrative complaints, grievances or
requests for assistance and such other matters cognizable by the Office of the Ombudsman.
Section 3. Form of complaints, grievances or requests for assistance. Complaints may be in any
form, either verbal or in writing. For a speedier disposition of the complaint, however, it is preferable
that it be in writing and under oath. A complaint which does not disclose the identity of the complainant
will be acted upon only if it merits appropriate consideration, or contains sufficient leads or particulars
to enable the taking of further action. Grievances or requests for assistance may likewise be verbal
or in writing. In any case, the requesting or complaining party must indicate his address and telephone
number, if any.
PROCEDURE IN CRIMINAL CASES
Section 1. Grounds – A criminal complaint may be brought for an offense in violation of R.A. 3019,
as amended, R.A. 1379 as amended, R.A. 6713, Title VII, Chapter II, Section 2 of the Revised Penal
Code, and for such other offenses committed by public officers and employees in relation to office.
Section 2. Evaluation –Upon evaluating the complaint, the investigating officer shall recommend
whether it may be:
a) dismissed outright for want of palpable merit;
b) referred to respondent for comment;
c) indorsed to the proper government office or agency which has jurisdiction over the case;
d) forwarded to the appropriate office or official for fact-finding investigation;
e) referred for administrative adjudication; or
f) subjected to a preliminary investigation.
Section 3. Who may conduct the Preliminary investigation - Preliminary Investigation may be
conducted by any of the following: 1) Ombudsman Investigators; 2) Special Prosecuting Officers; 3)
Deputized Prosecutors; 4) Investigating Officials authorized by law to conduct preliminary
Investigations, or 5) Lawyers in the government service designated by the Ombudsman
The OMBUDSMAN is a time-tested institution which evolved in the Scandinavian countries. It was
aimed at giving the common people a tribunal to which they can readily ventilate their grievances
against the government. King Charles XII of Sweden is generally credited with initiating the office of
the Ombudsman. An official with the title of Hogsta Ombudsman (Supreme Royal Ombudsman) was
appointed in 1713. He was assigned to “keep an eye on Royal officials” and supervise observance of
the laws. Sometimes he was even commissioned to represent the (6.) king in some official functions.
Introduced in the Constitution of 1809, an Ombudsman was appointed by Swedish Parliament,
making the office independent from the King. Ombudsman comes from the Norwegian word

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Umbodhsmadhr, which means Administration Man or King’s Representative. In Swedish, it literally
means one who represents another.
3 TYPES OF FEASANCES:
1. Malfeasance- the commission (as by a public official) of a wrongful or unlawful act involving or
affecting the performance of one's duties. It is a comprehensive term used in both civil and Criminal
Law to describe any act that is wrongful. It is the intentional act of doing something wrong, either
legally or morally. It is an act done with improper purposes and with the knowledge that the act being
committed exceeds the authority of the wrongdoer.
2. Misfeasance is the act of engaging in an action or duty but failing to perform the duty correctly.
Example: If, for example, the officer drove by, saw the altercation, but instead of responding to the
scene himself, he called another officer on patrol, who was 10 minutes away, to respond to the scene,
that would be an act of misfeasance. Calling in a responding officer is correct under protocol, but he
should have also been at the scene, first, since he was the closest one there. The delayed response
to the scene caused the scene to escalate into robbery and murder.
3. Nonfeasance definition is - failure to act; especially: failure to do what ought to be done. For
example, if a lifeguard in a resort sees a client drowning and does not attempt a rescue, is liable for
nonfeasance because he is paid to watch the swimmers in that resort but failed to do so.
7. Court of Tax Appeals – a court that tries related to civil and criminal tax cases, as well as local tax
cases, property taxes and final collection of taxes.
CERTIORARI, PROHIBITION, MANDAMUS, AND QUO WARRANTO
Certiorari – a writ issued form a Superior Court requiring a Lower Court or a board or officer
exercising judicial functions to transmit the records of a case to the superior court for the purpose of
review. Literally, Certiorari means to be certified. The writ of certiorari can be issued by the Court of
Appeals (Original Jurisdiction) or any High Court for quashing the order already passed by a Lower
Court. This is an order from the higher court to review the decision of the lower court.
Prohibition – a writ by which a superior court commands a lower court or a corporation, board or
person acting without or in excess of its or his jurisdiction or with grave abuse of discretion, to desist
from further proceedings in an action or matter. The Writ of prohibition means to forbid or to stop and
it is popularly known as 'Stay Order'. This writ is issued when a lower court or a body tries to transgress
the limits or powers vested in it. The writ of prohibition is issued by any High Court or the Supreme
Court to any Lower Court. Even though both the above (Certiorari and Prohibition) lie against legal
bodies, they differ in the sense, as to when you can knock the doors of a Court - while the Certiorari
can be resorted to only after the culmination of the judicial process, Prohibition can be pleaded during
the pendency of such a legal action.
Mandamus – an order issued by a superior court commanding a lower court or a corporation, board,
or person to perform a certain act which it is its or his duty to do. Mandamus is a Latin word, which
means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower
court or tribunal or public authority to perform a public or statutory duty.
Quo Warranto – an action by the government to recover an office or franchise from an individual or
corporation usurping or unlawfully holding it. The word Quo-Warranto means "what is your authority"?
It is a writ issued with a view to restrain a person from holding a public office to which he is not entitled.
Writ of Habeas Corpus – this writ is issued to produce a person who has been detained, whether in
prison or in private custody, before a court. "Habeas Corpus" is a Latin term which roughly means

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"you may have the body." This writ is issued to produce a person who has been detained, whether in
prison or in private custody, before a court.
COURT PROCEEDINGS
ARRAIGNMENT AND PLEA
An arraignment is usually a defendant's first court appearance in front of a judge and the prosecutor.
It is a criminal proceeding at which the defendant is officially called before the court of competent
jurisdiction, informed of the offense charged in the complaint, information, indictment, or other
charging document and asked to enter his plea.
The main purpose of the arraignment is to inform the defendant of the criminal charges against him
or her.
How Is Arraignment Made? Arraignment is made:
1. In open court.
2. By the judge or clerk.
3. By furnishing the accused with a copy of the complaint or information.
4. Reading it in the language or dialect known to him.
5. Asking him whether he pleads guilty or not guilty.
When and Where should the Accused be Arraigned?
The accused must be arraigned before the court where the complaint was filed or assigned for trial.
The general rule is that the accused should be arraigned within 30 days from the date the court
acquires jurisdiction over the person of the accused.
WHAT IS PLEA?
It is a formal response by the defendant to the affirmative assertions of the plaintiff in a civil case or
to the charges of the prosecutor in a criminal case. Usually, a defendant response to a criminal charge
may either be guilty or not guilty.
Kinds of Guilty Plea
a. Plea of guilty to a lesser offense;
b. Plea of guilty to a capital offense; and
c. Plea of guilty to a non-capital offense.
Can the lawyer of the accused enter the plea for him? No, the accused must enter the plea himself
Can a person who pleaded guilty still be acquitted?
a. Yes, when an accused pleads guilty, it doesn’t necessarily follow that he is convicted
b. Additional evidence independent of the guilty plea may be considered by the judge to ensure that
the plea of guilt was intelligently made.
c. The totality of evidence should determine whether the accused should be convicted or acquitted.
What happens if the accused refuses to enter any plea?
The court may validly enter a plea of not guilty for the accused who refuses to plead.
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 MOTION TO QUASH
A motion to quash is a request to a court to render a previous decision of the court or a lower judicial
body null or invalid. It can arise out of mistakes made by any lawyer in a court proceeding. A lawyer
may file a motion to quash if a mistake has been on the part of the court, or if an attorney believes
that the issuance of some court documents like subpoena was not done in a legal manner.
Grounds for Motion to Quash:
a) That the facts charged do not constitute an offense- Example: The information filed stated that the
watch stolen belongs to the one who currently possessed it;
b) That the court trying the case has no jurisdiction over the offense charged- Example: The crime of
murder is tried in Municipal Trial Court. Murder is punishable by Reclusion Perpetua and MTC is only
allowed to try cases up to 6 years;
c) That the court trying the case has no jurisdiction over the person of the accused Example: The
public official is tried in Municipal Trial Court. This person should be tried in Sandiganbayan since he
is a public official;
d) That the officer who filed the information had no authority to do so- Example: The police officer filed
the information in court. It should be the prosecutor only;
e) That it does not conform substantially to the prescribed form- Example: The information to cite the
qualifying circumstances of the crime like for example in case of murder;
f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law- Example: The information filed was murder and robbery. Information should charge
one offense only. Exemption: special complex crime like robbery with rape, robbery with homicide;
g) That the criminal action or liability has been extinguished- Example: The respondent died before
the filing of appropriate charges;
h) That it contains averments which, if true, would constitute a legal excuse or justification Example:
That the said to be scandalous statement made by the employee of the city government was to raise
public awareness and to inform the public of his wrongdoings and should not be liable for libel; and
i) That the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his expressed consent- Example: Re-
filing the crime of Homicide whose case was dismissed previously (double jeopardy).
DOUBLE JEOPARDY
Double jeopardy is a procedural defense that prevents an accused person from being tried again on
the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
PRE- TRIAL
It refers to a proceeding held by a judge, arbitrator before a trial to clarify issues of law and fact and
stipulate certain matters between the parties. It also refers to a conference held before the trial begins
to bring the parties together to outline discovery proceedings and to define the issues be tried. Take
note: Pre-trial is mandatory in criminal cases, in al cases cognizable by the Sandiganbayan, RTC,
MTC, MCTC, the court shall after arraignment and within 30 days from the date the court acquired
jurisdictions over the persons of the accused, unless a shorter period id provided for in special laws
or circulars of the Supreme Court, order a pre-trial conference to consider the following:
(a) plea bargaining;

P a g e 26 | 39
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense;
and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case
What is the purpose of a pre-trial?
The purpose is to expedite proceedings.
TRIAL
It refers to the judicial examination of the issues in civil or criminal case by a competent tribunal and
the determination of these issues in accordance with the law of the land. It is the determination of an
accused person’s guilt or innocence after hearing evidence for the prosecution and for the accused
and the judicial examination of the issues involved.
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 a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing upon
the main issue.
(d) Upon admission of 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.
(e) When the accused admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified.
Why does the trial begin with the prosecution? Prosecution begins because it has the burden of
proving the guilt of the accused relying on the strength of its own evidence and not on the weakness
of the defense.
JUDGMENT It is defined as 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. Judgment
must be:
a. Written in the official language.
b. Personally, and directly prepared by the judge and signed by him.
c. Clearly and distinctly contained of a statement of the facts and the law upon which it is based.
What is Verdict?
It is popularly known as the outcome in a criminal case, particularly the point at which defendant is
either found guilty or not guilty of the crime. A verdict of guilty in a criminal case is generally followed
by a judgment of conviction rendered by the judge, which in turn, be followed by sentencing.

P a g e 27 | 39
APPEAL
Appeal refers to act of asking a higher court to reverse the decision of a trial court after final judgment
or other legal ruling. It is the process in which cases are reviewed, where parties request a formal
change to an official decision.
Who may Appeal?
Any party may appeal from a judgment or final order, unless the accused will be placed in double
jeopardy.
Take note: Appellant is the one who files an appeal. Appellee is the party whom the appeal was filed.
APPEAL AND JUDGEMENT
Who may Appeal?
Appellant is the one who files an appeal.
Appellee is the party whom the appeal was filed.
Any party may appeal from a final judgment or order, except if the accused would be placed in double
jeopardy.
IN CASE OF CONVICTION – both parties may appeal
IN CASE OF ACQUITTAL – appeal is not allowed because it can constitute double jeopardy
RULE 40
Appeal from Municipal Trial Courts to the Regional Trial Courts
Section 1. Where to appeal?
An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional
Trial Court exercising jurisdiction over the area to which the former pertains. The title of the case shall
remain as it was in the court of origin, but the party appealing the case shall be further referred to as
the appellant and the adverse party as the appellee.
Section 2. When to appeal?
An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final
order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal
and a record on appeal within thirty (30) days after notice of the judgment or final order. The period
of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for
extension of time to file a motion for new trial or reconsideration shall be allowed.
Procedure in the Regional Trial Court.
(a) upon receipt of the complete record or the record on appeal, the clerk of court of the Regional Trial
Court shall notify the parties of such fact.
(b) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a
memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall
be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant’s
memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum
shall be a ground for dismissal of the appeal.

P a g e 28 | 39
(c) Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the
case shall be considered submitted for decision. The Regional Trial Court shall decide the case on
the basis of the entire record of the proceedings had in the court of origin and such memoranda as
are filed. Modes of Appeal
a) Ordinary appeal. - The appeal to the Court of Appeals in cases decided by the Regional Trial Court
in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the court which
rendered the judgment or final order appealed from and serving a copy thereof upon the adverse
party. No record on appeal shall be required except in special proceedings and other cases of multiple
or separate appeals where the law or these Rules so require. In such cases, the record on appeal
shall be filed and served in like manner.
(b) Petition for review. - The appeal to the Court of Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction shall be by petition for review.
(c) Appeal by certiorari. - In all cases where only questions of law are raised or involved, the appeal
shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.
JUDGMENT RENDERED BY THE COURT:
1. Conviction – the judgment rendered by the court pronouncing the accused person as guilty of the
crime charged against him
2. Acquittal – the judgment rendered by the court pronouncing the accused person as innocent of the
crime charged against him
3. Dismissal – a ruling by the court in which the case is dropped due to lack of evidence that would
warrant conviction against the accused. This does not mean that the accused is totally innocent of
the crime.
4. Required evidence in criminal case:
Proof of Guilt Beyond Reasonable Doubt – a degree of proof required in a criminal case. Meaning the
person was convicted based on the moral certainty of the judge/s in giving judgment out of all that
evidence presented by the prosecution, that it overcomes the presumption of innocence of the
accused person (highest degree required).
DEVELOPMENT OF CORRECTION SYSTEM
THE CORRECTION PILLAR OF CRIMINAL JUSTICE SYSTEM
CORRECTIONS It is a branch of the Criminal Justice System concerned with the custody, supervision
and rehabilitation of criminal offenders. Corrections is the 4th pillar of Philippine Criminal Justice
System, that undertakes the information and rehabilitation of offenders for their eventual absorption
into the social and economic streams of the community, through institutional or community-based
programs. It also refers to a generic term that includes all government agencies, facilities, programs,
procedures, personnel and techniques concerned with the investigation, intake, custody,
confinement, supervision, and treatment of criminal offenders.
PENOLOGY It refers to the study of punishment of crime or of criminal offenders. It includes the study
of control and prevention of crime through punishment of criminal offenders. The term derived from
the Latin word “poena” which means pain or suffering. Penology is otherwise known as Penal Science.
Francis Lieber was the sociologist who coined the term penology which means punishment for
criminals. Penology is the study of a criminal and legal penalty. Take note: Penology falls under the
broader umbrella of studies known as criminology, the study of crime, and even more broadly under
sociology, or study of how people interact in society.

P a g e 29 | 39
PUNISHMENT
Refers to the penalty imposed for the transgression of law. It refers to any ill suffered in consequence
of wrong doing. It is the redress that the state takes against an offending member of society that
usually involves pain and suffering.
The Two Major Goal of Punishment
1. To inflict deserved suffering on evil doers; and
2. Prevention of Crime
PENALTY - defined as the suffering inflicted by the state against an offending member for the
transgression of law. It is a judicial punishment for crime or violation of law.
DIFFERENT ERA OF PENOLOGY
Age of Reformation – replaced corporal punishment, exile and punishment with penitentiary.
Age of Rehabilitation – introduced individual therapy aimed at healing personal maladjustment.
Age of Reintegration – emphasized on the society’s pressure exerted to the offender by social groups
regulating his opportunities to achieve his goals.
FORMS OF PUNISHMENT
1. Capital Punishment- also called death penalty, execution of an offender sentenced to death after
conviction by a court of law of a criminal offense. Capital punishment should be distinguished from
extrajudicial executions carried out without due process of law.
2. Corporal punishment or a physical punishment -is a punishment which is intended to cause physical
pain to a person.
3. Public humiliation or Social Degradation- is a form of punishment whose main feature is dishonoring
or disgracing a person, usually an offender or a prisoner, especially in a public place. It was regularly
used as a form of judicially sanctioned punishment in previous centuries, and is still practiced by
different means in the modern era.
4. Imprisonment- refers to the state or condition of being constrained, restrained, or incarcerated in
confined room such as jail or prison. It is actually a form of conventional punishment of criminal
offenders.
Traditional Purpose of Imprisonment
1. To ensure the presence of the accused during trial;
2. To administer punishment by confinement or incarceration; and
3. To ensure society from being molested by undesirable characters.
PENAL MANAGEMENT – refers to the manner or practice of managing or controlling places of
confinement as jails or prisons.
CORRECTIONAL ADMINISTRATION – the study and practice of a system management of jails or
prisons and other institutions concerned with the custody, treatment and rehabilitation of criminal
offenders.
INSTITUTIONAL AND NON-INSTITUTIONAL CORRECTIONS

P a g e 30 | 39
“The Institutional and Non Institutional Corrections.” Penology and or the corrections component of
our criminal justice system has something to do with imprisonment. After an accused has been
decided guilty by the judge, he will then serve his sentence either in the prison (institutional
corrections) or he will be serving his sentence outside the prison (non-institutional corrections or
community-based corrections) depending upon the gravity of the offense.
TWO APPROACHES OF CORRECTION IN THE PHILIPPINES
The Philippine prison system adopted two approaches for treatment of offenders. These are the
institutional- based treatment program and the community-based treatment programs.
What is Institutional- Based Corrections?
Refers to the means of correcting an individual by placing him in a prison/jail for his treatment until he
is ready for his reintegration into the community. In this approach the individual is placed in a prison
or jail, which means they are housed in a secure correctional facility.
A “jail” is defined as a place of confinement for inmates under investigation or undergoing trial, or
serving short-term sentences.
Jails include provincial, district, city and municipal jails managed and supervised by the Provincial
Government and the Bureau of Jail Management and Penology (BJMP), respectively, which are both
under the Department of the Interior and Local Government. Municipal and city prisoners are
committed to municipal, city or district jails managed by the BJMP. A district jail is a cluster of small
jails, each having a monthly average population of ten or less inmates, and is located in the vicinity
of the court. When the imposable penalty for the crime committed is more than six months and the
same was committed within the municipality, the offender must serve his or her sentence in the
provincial jail which is under the Office of the Governor. “Prison” refers to the national prisons or
penitentiaries managed and supervised by the Bureau of Corrections, an agency under the
Department of Justice. When the penalty imposed exceeds three years, the offender shall serve his
or her sentence in the penal institutions of the BuCor.
7 CORRECTIONAL FACILITIES UNDER THE BUCOR
1. The New Bilibid Prison (NBP) is one of seven major facilities handled by the Bureau of Corrections
(BuCor), an agency under the Department of Justice located in Muntinlupa City. The New Bilibid
Prison in Muntinlupa, Metro Manila is the main insular penitentiary designed to house the prison
population of the Philippines.
2. The Iwahig Prison and Penal Farm is located at Barangay Iwahig, Palawan. The Iwahig Prison and
Penal Farm in the Philippines is one of the world’s largest open-air jails. Instead of concrete walls, the
prison is surrounded by a wire fence. A single guard at the entrance gate greets tourists and criminals’
relatives without inspecting them. It is known as the “prison without walls.”
3. The Sablayan Prison and Penal Farm is situated in Occidental Mindoro, Philippines It was
established in Occidental Mindoro under Proclamation No. 72. Sub-colony: Central, Pasugol, Pusog,
Yapang.
4. The San Ramon Prison and Penal Farm is situated in Zamboanga City, Philippines. It was
established (founded by Captain Ramon Blanco of the Spanish Royal Army) in Zamboanga City to
confine Muslim rebels and recalcitrant political prisoners opposed to the Spanish rule. It was originally
set on 1,414-hectare sprawling estate. On January 1, 1915, it was placed under the auspices of the
Bureau of Prisons and started receiving prisoners from Mindanao.
5. The Davao Prison and Penal Farm located in Santo Tomas, Davao del Norte. It was opened under
Act No. 3732. Founded by Gen. Paulino Santos. Mostly devoted to abaca and banana plantation. In
P a g e 31 | 39
1942, it was used as a concentration camp for American Prisoners of War. (Subcolony: Kapalong and
Panabo)
6. The Correctional Institution for Women (CIW) main branch is located in Mandaluyong City and its
satellite camp (CIW Mindanao), located at Juan Acenas Sub-Colony, in Sto. Tomas, Davao del Norte.
It was created under Act No. 3579 to provide separate facilities for women offenders.
7. The Leyte Regional Prison located in Abuyog, Leyte. It was established under Proclamation No.
1101.
What is Non-Institutional Corrections?
It is also known as community-based corrections, numerous programs are utilized in order to place
offenders into the community to serve their sentences. It focuses on correctional programs of
rehabilitation, to the exclusion of punishment, deterrence, and incapacitation of criminal offenders.
Programs such as diversion, restitution, probation, parole, pardon, and various provisions for
temporary release from prison or jail are included in the Community Based Corrections being
implemented by the corrections pillar of our criminal justice system.
AGENCIES INVOLVED IN CORRECTIONS
Four Classes of Prisoners
1. Insular or national prisoner – one who is sentenced to a prison term of three years and one day to
death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to three
years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.
Three Types of Detainees
1. Those undergoing investigation;
2. Those awaiting or undergoing trial; and
3. Those awaiting final judgment.
Three major government functionaries are involved in the Philippine correctional system,
namely: the Department of Justice (DOJ), Department of the Interior and Local Government
(DILG) and the Department of Social Welfare and Development (DSWD).
1. The DOJ supervises the national penitentiaries through the Bureau of Corrections,
administers the parole and probation system through the Parole and Probation Administration,
and assists the President in the grant of executive clemency through the Board of Pardons
and Parole.
2. The DILG supervises the provincial, district, city and municipal jails through the provincial
governments and the Bureau of Jail Management and Penology, respectively.
3. The DSWD supervises the regional rehabilitation centres for youth offenders through the
Bureau of Child and Youth Welfare.

1. Bureau of Corrections (BuCor) BuCor has for its principal task the rehabilitation of national
prisoners, or those sentenced to serve a term of imprisonment of more than three years. At present,

P a g e 32 | 39
BuCor has seven prison facilities for its 26,792 prisoners. It has one prison institution for women and
one vocational training center for juveniles.
2. Bureau of Jail Management and Penology (BJMP) Also known as the Jail Bureau, BJMP,
an agency under the DILG, was created pursuant to Section 60, Republic Act No. 6975, which took
effect on January 2, 1991. It is mandated to direct, supervise and control the administration and
operation of all district, city and municipal jails nationwide.
3. Bureau of Child and Youth Welfare Presidential Decree (P.D.) No. 603, as amended, was
promulgated to provide for the care and treatment of youth offenders from the time of apprehension
up to the termination of the case. The Bureau provides intensive treatment for the rehabilitation of
youth offenders on suspended sentence. Under the said law, a youth offender is defined as a child,
minor or youth who is over nine years but under eighteen years of age at the time of the commission
of the offence.
4. Provincial Government Provincial jails, numbering 104 in all, including sub-provincial
extensions, are under the supervision and control of the provincial governments.
MOBILIZED COMMUNITY

P a g e 33 | 39
 Community component is the broadest component; the community which collectively imposes
limitations on the individual behavior of citizens for the common good of civilized and democratic
society that deters crime and criminal behavior. Under the concept of a participative criminal justice
system in the Philippines, public and private agencies, as well as citizens, become a part of the CJS
when they become involved in the issues and participate in activities related to crime prevention and
control.
Under the concept of a participative criminal justice system in the Philippines, public and
private agencies, as well as citizens, become a part of the CJS when they become
COMMUNITY COMPONENT HAS A TWO-FOLD ROLE:
First, it has the responsibility to participate in law enforcement activities by being partners of
the peace officers in reporting the crime incident and helping the arrest of the offenders.
Second, it has the responsibility to participate in the promotion of peace and order through
crime prevention or deterrence and in the rehabilitation of convicts and their reintegration to society.
Rehabilitation – takes place when the convict is serving his sentence. Thus, citizen-based
crime prevention groups become part of the Criminal Justice System within the framework of their
involvement in crime prevention activities and in the reintegration of the convict who shall be released
from the corrections pillar into the mainstream of society.
INSTITUTIONS COMPRISING THE COMMUNITY COMPONENT
1. Family – Refers to the basic social group united through bonds of kinship or marriage,
present in all societies. It is the primary institution that molds a child to become a law-abiding person
or a delinquent.
2. School – An institution for instruction or education. The second integral stage of the
behavioral/social development process is the school. It is said that the school is an extension of the
home, having the strategic position to control crime and delinquency. The teachers are considered
second parents having the responsibility to mold the child to become productive members of the
community.
3. Church – The church is the institution that provides a place for public worship and the
services needed to enhance the spiritual and moral character of an individual. The church influences
people’s behavior with the emphasis on morals and life’s highest spiritual values, the worth and dignity
of the individual, and respect for people’s lives and properties.
4. Mass Media – It is the best institution for information dissemination thereby giving an
opportunity to the public to know the necessary facts of life that help them shape their daily views
about crime and its control.
5. Government – 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
(citizens).
6. Non-Government Organization – NGO’s are private organizations that are civic oriented
and thus promote peaceful and productive society. These are groups of concerned individuals
responsible for helping the government to pursue community development.
The Mobilized Community is composed of:
DSWD – Department of Social Welfare and Development
NEDA – National Economic Development Authority
P a g e 34 | 39
 DILG – Department of the Interior and Local Government
PIA – Philippine Information Agency
DDB – Dangerous Drugs Board and other governmental agency
NON- GOVERNMENT ORGANIZATIONS (NGO’s) and other private institutions.
People’s Organizations
THE BARANGAY JUSTICE SYSTEM AND RESTORATIVE JUSTICE
What is Katarungang Pambarangay? Katarungang Pambarangay is a system of dispute
resolution instituted in all barangays in the Philippines that seeks to promote, among others, the
speedy administration of justice, by providing all avenues to an amicable settlement, thereby
considerably reducing the dockets in our courts of justice.
What body is tasked by law to administer the Katarungang Pambarangay? The Lupong
Tagapamayapa. It is the body organized in every barangay composed of the Barangay Captain as
Chairman and not less than ten (10) nor more than twenty (20) members from which the members of
every Pangkat shall be chosen. Although the Lupon, as a whole, does not facilitate mediation or
conciliation proceedings, the members of the Pangkat which conducts mediation or conciliation
sessions are chosen from the members of the Lupon. The Lupon may be assisted by the Provincial
Legal Officer, City Legal Officer, Municipal Legal Officer, and/or Public Prosecutor on matters
involving questions of law necessary in the administration of the Katarungang Pambarangay.
What are the three components of the Katarungang Pambarangay?
• The Katarungang Pambarangay is said to have three components:
(A) the Lupong Tagapamayapa;
(B) the Pangkat ng Tagapagsundo; and
(C) the Legal Advisers.

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 Mediation Facilitated by Lupon Chairman
First means to settle dispute
Conciliation Facilitated by the Pangkat (Pangkat Tagapagkasundo or Concilliation Panel)
Done if the mediation process failed to settle disputes
Arbitration Facilitated by the arbitrator chosen by both parties
Done at any stage of the proceedings
Court Facilitated by the Judge
Done if both parties did not arrive at any amicable settlement in the barangay level

What are the cases cognizable by the Lupon?

Under section 408 of the Local Government Code (RA 7160), the Lupon of each Barangay
shall have jurisdiction to amicably settle all disputes between parties residing in the same city or
municipality EXCEPT: a. Where one party is the government or any subdivision or instrumentality
thereof;
b. Where one party is a public officer or employee, and the dispute relates to the performance of his
official functions;
c. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five Thousand
(Php5,000.00) Pesos;
d. Offenses where there is no offended party;
e. Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by appropriate lupon;
f. Disputes involving parties who actually reside in different barangays of different cities and
municipalities except where such barangay units adjoin each other and the parties thereto agree to
submit their differences to amicable settlement by appropriate lupon; and,
g. Such other classes of disputes which the President may determine in the interest of justice or upon
recommendation by the Secretary of Justice.
Based on the 10year report to the DILG on Katarungang Pambarangay Law, the types of cases
brought before the lupon are as follows:
A. Criminal cases:
(1) Physical injuries;
(2) Slander;
(3) Threats;
(4) Robbery;
(5) Theft;
(6) Drug Abuse;
(7) Damage to property;
(8) Estafa;
(9) Trespassing;
P a g e 36 | 39
(10) Coercion; and
(11) Unjust vexation.
B. Civil cases:
(1) Ejectment;
(2) Family or marital problems;
(3) Collections of Debts or Rentals;
(4) Breach of contract;
(5) Damages;
(6) Demand for specific performance of obligation arising from contracts.
What will happen if the settlement effort succeeds or fails? If settlement is reached, the case may no
longer be elevated to court.
If it fails, a corresponding Certification to File Action (CFA) will be issued by the appropriate Barangay
Authority and the case may be filed with the court.
Who shall issue the Certificate to File Action?
1. Lupon Secretary and attested by the Lupon Chairman (Punong Barangay) - certifying that: [a] A
confrontation of the parties has taken place and that a conciliation settlement has been reached; [b]
BUT the same has been subsequently repudiated;
2. Pangkat Secretary and attested by the Pangkat Chairman certifying that: [a] a confrontation of the
parties took place but no conciliation/settlement has been reached; OR [b] that no personal
confrontation took place before the Pangkat through no fault of the complainant.
Restorative justice is a process where the party in a particular offense, victims, offenders and
community come together to resolve collectively how to deal with the aftermath of an offense and its
implications in the future. It also embraces a wide range of human emotions including healing,
mediation, compassion, forgiveness, mercy, and reconciliation. Under restorative justice, victims and
offenders assume each other’s responsibilities. This process involves the notion of reparation at the
center and not punishment. Understanding Restorative Justice can be done through many ways, but
there is one popular strategy called ERET. ERET is an acronym where each letter stands for a concept
in restorative justice.

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Other experts enumerated four characteristics of a Restorative Program or the Four Key Values of
the Restorative Program:
1. Encounter - this is created when the victims, offenders and community members who voluntarily
meet to discuss the crime and its effect or aftermath. The elements of encounter are: meeting,
narrative, emotion, understanding and agreement.
2. Amends - this is done when the offender takes the necessary steps to repair the harm that they
have caused and inflicted. The four elements of making amends are: apology, changed behavior,
restitution and generosity.
3. Reintegration – it aims to restore victims and offenders as a whole. The elements of reintegration
are: acknowledging human dignity and worth, providing material assistance and offering moral
spiritual direction.
4. Inclusion – it creates opportunities for the parties with a price for a specific crime to participate in
its resolution. Examples of inclusions are: invitation, acknowledgement that each individual is unique
and has different views, and that he or she may want some other alternative ways or approaches.
Bible - God is just when he intervenes in the lives of those unprivileged, specially orphans and
widowed to save them for the abuses and injustice made by men (Deut. 10:18).
Mark Yantzi - teenagers to meet directly with their victims following a vandalism act and agreed to
restitution.
Family Group Conference - children being removed from their homes by the courts (not really
restorative in approach but regarded as family process).
International Institute for Restorative Justice - developed a comprehensive framework that expands
the restorative paradigm far beyond its origins in criminal justice.
OTHER FORMS OF JUSTICE SYSTEM
Children in Conflict with the Law (CICL)
Child in Conflict with the Law” or CICL refers to a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws. Refers to anyone under 18 who comes into
contact with the justice system as a result of being suspected or accused of committing an offense.
“Initial Contact With-the Child” refers to the apprehension or taking into custody of a child in conflict
with the law-by-law enforcement officers or private citizens.
REPUBLIC ACT NO. 9344
Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile Justice and
Welfare System as a system dealing with children at risk and children in conflict with the law, which
provides child-appropriate proceedings, including programs and services for prevention, diversion,
rehabilitation, re-integration and aftercare to ensure their normal growth and development. According
to RA 9344, children at risk refers to children who are vulnerable to and at the risk of committing
criminal offenses because of personal, family and social circumstances. R.A. No. 9344 has
institutionalized the promotion of the well-being of the child and their families, involvement of parents
and guardians, promotion of diversion, avoiding deprivation of liberty and protecting the privacy rights
of children. In the same manner, R.A. No. 10630 further emphasized child sensitive justice policies
focused on the best interest of the child.
Minimum Age of Criminal Responsibility

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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.
A child is deemed to be fifteen (15) years of age on the day of the fifteenth anniversary of his/her
birthdate.
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. The
exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws (RA 10630, Sec.3).
Diversion” refers to an alternative, child-appropriate process of determining the responsibility and
treatment of a child in conflict with the law on the basis of his/her social, cultural, economic,
psychological or educational background without resorting to formal court proceedings.
“Diversion Program” refers to the program that the child in conflict with the law is required to undergo
after he/she is found responsible for an offense without resorting to formal court proceedings.
“Intervention” refers to a series of activities which are designed to address issues that caused the
child to commit an offense. It may take the form of an individualized treatment program which may
include counseling, skills training, education, and other activities that will enhance his/her
psychological, emotional and psycho-social well-being.
INDIGENOUS JUSTICE SYSTEM OR TRIBAL JUSTICE SYSTEM
It is the practices of indigenous or tribal groups in the Philippines.
Shari’a Courts are created specifically for the administration and enforcement of the Code of Muslim
Laws as part of judicial system.
Shari’a Courts are created specifically for the administration and enforcement of the Code of Muslim
Laws as part of judicial system. Shari’a Courts have limited jurisdiction as provided by virtue of
Presidential Decree No. 1083 or known as “Code of Muslim Personal Laws of the Philippines. The
Philippine Shari’a Courts have two courts: the Shari’a District Courts and the Shari’a Circuit Courts.
This system is supported by the passage of Republic Act No. 8731 or also known as “The Indigenous
Peoples Rights Act of 1997.” This law provides the right of the Indigenous cultural community or
Indigenous people to use their own commonly accepted justice systems, conflict resolution
institutions, peace building processes or mechanisms and other customary laws and practices within
their respective communities and as be compatible with the national legal system and with
internationally recognized human rights.
The term talaq is commonly translated as "repudiation" or simply "divorce". In classical Islamic law it
refers to the husband's right to dissolve the marriage by simply announcing to his wife that he
repudiates her.
Tafwid (Arabic: ‫( تفويض‬is an Arabic term meaning "relegation" or "delegation", with uses in theology
and law. In Islamic personal status law, tafwid refers to a sub-type of divorce (talaq al-tafwid or tafwid
al-talaq) in which the power of talaq (the type of divorce normally initiated by the husband) is delegated
to the wife. This delegation can be made at the time of drawing up the marriage contract or during the
marriage, with or without conditions.

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