CLJ 101 - Module

UNIVERSITY OF CAGAYAN VALLEY
VVP Campus, Balzain, Tuguegarao City

COLLEGE OF CRIMINAL JUSTICE EDUCATION
INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM
MODULE NO. 1 – PRELIM COVERAGE

Title: Historical Background of CJS
Overview:
- Historical background of criminal justice system
- American Criminal Justice System
- Law enforcement as the first pillar of criminal justice system
Introduction:
In the Philippines, crime is so prevalent and inevitable. It is not only a police
matter, but also a problem in the community where victims of criminal violence
abound. Cooperation of the police and the community members is imperative to
repress, if not totally eradicate criminal acts. Members of the community must be
vigilant in their surroundings against lawless elements. They must have the
fundamental knowledge and tools needed to help in crime prevention. One aspect of
crime prevention is the proper understanding of how the legal system works in our
country.
Learning Outcomes:
- Explain the description of the Philippine Criminal Justice System
- Elaborate both the theory and concept of the PCJS
- Enumerate and explain the major components of the American Criminal Justice
System
- Compare the American Criminal Justice System
Learning Objectives:
- Students will understand how the Criminal Justice System work.
- Students will learn the various roles of the Law enforcement as the first pillar of CJS.
Discussion: (Pls refer to your hand-outs)
ORIGINS OF THE CRIMINAL JUSTICE SYSTEM

Development of Criminal Law in the Philippines
1. Code of Maragtas – the penal provisions of the Maragtas Code were alleged written
and compiled by Datu Sumakwel in 1250. Among the provisions in this Code were
those dealing with laziness, robbery and childbearing.
2. Code of Kalantiyaw was written in 1433 A.D. by Datu Kalantiyaw of Panay. The
unwritten laws consisted of customs and traditions, which had been passed down from
generation to generation. Some of the provisions are punishments given to those who
have caught having sexual relations with a married woman and those who offend
religious objects.
3. Spanish Codigo Penal
- Made effective in the Philippines on July 14, 1887.
- Rafael del Pan drafted a correctional code after the Spanish Codigo Penal but it was
never enacted into law.
4. The Revised Penal Code – it is the present code. The committee created by
Administrative Order No.94 of the Department of Justice, dated October 18, 1927,
composed by Anacleto Diaz as Chairman and Quintin Paredes, Guillermo Guevara,
Alex Reyes, and Mariano H. de Joya, as members, was instructed to revise the Old
Penal Code.
- Took effect on January 1, 1932
5. Special Penal Laws – it includes Batas Pambansa, Presidential Decrees,
Commonwealth Acts and Republic Acts
WHAT IS CRIMINAL JUSTICE SYSTEM?

CRIMINAL JUSTICE SYSTEM - It refers to the agencies of government charged with
enforcing law, prosecuting crimes, convicting or acquitting criminals, correcting criminal
standards, and providing assistance to reformed criminal offenders in their return to normal
life in the community.
• As a system, the Criminal Justice System is the machinery which society uses in
the prevention of crime. The process is the totality of the activities of law enforcers,
prosecutors, defense lawyers, judges and correction personnel, as well as those efforts
of the mobilized community in crime prevention and control.
• A system is one which consists of several parts that interacts with each other to
produce some results, serve some functions, or meet some objectives.
CRIMINAL JUSTICE – refers to the procedure by which criminal conduct is investigated,
arrests made, evidence gathered, charges brought, defenses raised, trials conducted, sentences
rendered, and punishment carried out.
CRIME – defined as an act committed or omitted in violation of a public law forbidding or
commanding it and for which punishment is imposed upon conviction.
Social Context – crime is a behavior that violates the norms of society.
JUSTICE – is defined as rendering to other what is due to them. It means fairness or moral
rightness.
What is CRIMINAL?
• The criminal is the principal character in the processes conducted by the five pillars
• Any person who has been found to have committed a wrongful act in the course of the
standard judicial processes.
Two Major Divisions of Criminal Justice System
The system is divided into two (2) types: the formal and the informal.
1. Formal CJS is the one that is given the formal responsibility of controlling crime; the
one that everyone sees in everyday operation; and the once that redresses a wrong or
harm done to a person or a property.
e.g.
a. Police
b. Prosecution
c. Court
d. Corrections
2. Informal CJS is the “larger” Criminal Justice System, which includes (aside from
traditional criminal justice system) the public and private agencies and citizens that
are involved in reducing and preventing the crimes. These private functionaries
include community organizations, unions, barangays, employers, and individual
citizens. Their participation in the larger CJS is usually ignored by most of the
citizens.
Because police officers are component of the criminal justice system in closest
contact with the community, they are often blamed for failures in other parts (Courts
and Corrections) of the system.
It must be remembered that all these components are interlinked in the
operation. If one is ineffective, the whole system is affected.
Goals of Criminal Justice System
The criminal justice system has two major goals:
1. To protect the members of the community.
2. To maintain peace and order.
The authority to act against crime and to maintain order is vested on the police, the court,
and the corrections, as the three components of the CJS.
1. Crime Prevention;
2. Suppression of criminal conduct by apprehending the offenders for whom prevention
is ineffective;
3. Review of the legality of preventive and suppressive measures;
4. Judicial determination of guilt/innocence of those apprehended;
5. Proper disposition of those have been legally found guilty; and
6. Correction by socially approved means of the behavior of those who violate the
criminal law.
CRIMINAL JUSTICE SYSTEM IN THE AMERICAN CONTEXT

• Unlike in most countries, the UNITED STATES CRIMINAL JUSTICE system is
not represented by a single, all-encompassing institution. Rather, it is a network of
criminal justice systems at the federal state and special jurisdiction levels like
military courts and territorial courts. Criminal laws at these levels vary, although these
are all based on the US Constitution.
• The federal criminal justice system handles cases that are national in scope:
treason, espionage, assassination of top-level government officials, among others.
• Meanwhile, state criminal justice systems handle crimes that have taken place or, in
certain situations, have evident involvement in the state. The same process goes for
the criminal justice systems within the special jurisdictions.
Example: robberies, traffic violations
1. LAW ENFORCEMENT
- The wheels of law enforcement start grinding when a crime is detected. Detection
takes place when the concerned law enforcement body (police force or specialized
agency) receive a report from the victim or a witness or catch the crime perpetrator.
Thereafter, the law enforcers verify the information furnished and proceed with the
investigation.
- the law enforcement branch enforces the laws in the state, county, or assigned
jurisdiction.
- describes the individuals and agencies responsible for enforcing laws and maintaining
public order and public safety. Law enforcement includes the prevention, detection,
and investigation of crime, and the apprehension and detention of individuals
suspected of law violation.
Main Purpose
- to uphold their country's, state's, or local laws.
2. ADJUDICATION
(Court)
• The adjudication of a criminal case involves court processes. In plain terms,
adjudication refers to the legal process by which a judgment is pronounced by the
court to the parties in a case. As with the law enforcement component of the criminal
justice system, the courts are organized at federal, state, and special-jurisdiction
levels.
• State and local courts are established by a state (within states there are also local
courts that are established by cities, counties, and other municipalities.
• Cases individual citizens are most likely to be involved in such as robberies, traffic
violations, broken contracts, and family disputes.
• Federal courts are established under the U.S. Constitution to decide disputes
involving the Constitution and laws passed by Congress.
• Federal courts hear: criminal, antitrust, bankruptcy, patent, copyright, and some
maritime cases.
• In some cases, both federal and state courts have jurisdiction.
Pre-trial services- The adjudication process starts when the law enforcement body has
submitted the police/arrest report to the prosecutor. The prosecutor, in turn, determines
whether or not the incident will prosper into a criminal case, in which the suspected offender
will be charged with the crime.
• It is not uncommon for the prosecutor to drop or dismiss charges altogether, for
reasons that include lack of evidence and weak police investigation. It is the
prosecutor that takes the side of the victim and, accordingly, the state (society or
community), which the crime has also affected.
Arraignment- If the prosecutor decides to press charges against a suspected offender, the
adjudication process advances to arraignment. During arraignment, the suspect is read the
charge/s filed against him or her. With the aid of a legal counsel, the suspect (now a
defendant) enters a plea of either guilty or not guilty.
Trial- The arraignment progresses into trial to determine the guilt of the suspect (if the not-
guilty plea was not entered). In the event of a guilty verdict, the offender is convicted, and the
court will determine the sentence.
Sentencing- A court conviction corresponds to a sentence, which is the penalty imposed on
the offender who has been found guilty as a result of the preceding trial. The sentence is
meted out by the judge, who follows prescribed guidelines, standards, and limitations in
punishing convicts.
3. CORRECTIONS
• Institutional corrections refer to those persons housed in secure correctional facilities.
• the correctional branch duties are to make sure that the punishment or in some cases
rehabilitation is seen through until the end of the determined sentence provided by the
judge (Courts).
FIRST PILLAR OF CJS: PHILIPPINE SETTING

LAW ENFORCEMENT
• 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.
• Policing: A Brief Historical Setting
The creation of the SCOTLAND YARD was passed by the parliament of England and made
SIR ROBERT PEEL the first head of the police organization and considered as the Father
of Modern Policing System due to his contributions in the modernization of the police force.
In the Philippines, policing during the Spanish Regime was inherently a part of the military
system. The locally organized police forces, although performing civil duties and seemingly
created for the sole purpose of maintaining peace, were in fact directly commanded by the
colonial military government.
POLICE FORCES ORGANIZED

DURING THE SPANISH REGIME
a. Carabineros de Seguridad Publico (Mounted Police)
- organized in 1712 for the purpose of carrying out the policies of the Spanish
government. Carabineros were armed and considered as mounted police. Later they
discharged the duties of a port, harbor and river police.
b. Guardrilleros
- this was a body of rural police organized in each town that was created by the Royal
Decree of January 8, 1836. This police force was composed of 5% of the able-bodied
male inhabitants of each town or province, and each member should serve at least 3
years.
c. Guardia Civil
- Created by the Royal Decree issued by the Spanish Crown government on February
12, 1852. It relieved the Spanish Peninsular Troops of their works in policing towns.
It consisted of a body of Filipino policemen organized originally in each of the
provincial capitals of the central provinces of Luzon under the command of Alcalde
(Governador)
DURING THE JAPANESE OCCUPATION
KEMPETAI – the Japanese Military Police – was held responsible in maintaining peace and
order in Manila. The Manila Police, which was created during the first American occupation,
was renamed into Metropolitan Constabulary under the Bureau of Constabulary. Kempetai
ruled the urban areas until Gen Douglas McArthur returned on February 7, 1945.
DURING THE AMERICAN OCCUPATION

(1898-1901)
a. Insular Police Force was established on Nov. 30, 1890 during the Filipino-American
War upon the recommendation of the Philippine Commission to the Secretary of War.
b. Another Insular Police Force was created on July 18, 1901 by virtue of Act #175
entitled as “An Act Providing for the Organization and Government of an Insular
Constabulary”
c. Manila Police Department was organized on July 31, 1901 by virtue of Act #183 of
the Philippine Commission. The 1st Chief of Police was Capt. George Curry.
d. The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by
virtue of Act #255. Capt. Henry T. Allen was the 1st Chief of the Philippine
Constabulary. The PC was manned mostly by Filipinos, but officers were mostly
Americans.
e. Revised Administrative Code of 1917 was approved a year before World War 1
(August 1914 to November 1918) ended. In Section 825 of this law, it stated that
the Philippine Constabulary is a national police institution for preserving the
peace, keeping order and enforcing the law.
f. Commonwealth Act No. 88 - An Act to Provide for the Organization and

Maintenance of a State Police Force on October 26, 1936
g. In November 1938, Act #181 required the creation of a Bureau of Investigation.

This agency should be the modification of the Division of Investigation (DI) from the
Department of Justice. Finally, on June 19, 1947, R.A. 157 was enacted which
created the National Bureau of Investigation.
DURING THE POST WORLD WAR II

a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an investigative
and research service agency.
b. On January 1, 1964, The Rules of Court took effect. This procedural law was
construed in order to promote the broad objective of the criminal justice system
and to assist the parties in obtaining just, speedy and inexpensive determination
of every action and proceeding.
c. On Sept. 18, 1966 Republic Act # 4864 otherwise known as Police Act of 1966 was
enacted. The law created the office of the Police Commission (which was later called
National Police Commission) under the Office of the President. Originally the
POLCOM was created as a supervisory agency to the PC. Its function is to oversee
the training and professionalization of the local police force.
d. On August 8, 1975, Presidential Decree #765 was enacted and stipulated that the
office of the NAPOLCOM should be under the office of the Ministry of National
Defense. It defined also the relationship between the Integrated National Police and
the Philippine Constabulary. This was following the provisions of Section 12, Article
15 of the 1973 Philippines Constitution.
e. On December 13, 1990, Republic Act # 6975 was approved by then President
Corazon Aquino. This law is known as the DILG Act of 1990 and it is also
recognized as the PNP law of 1991. This law created the Philippine National Police
and declared it to be the only police force of the country with national scope and
civilian in character.
f. On February 25, 1998, the provisions of Republic Act # 8551 was approved by
President Fidel Ramos. R.A. #8551, known as the PNP Reform and
Reorganization Act of 1998, reorganized the PNP for the purpose of reforming or
professionalizing it.
POLICE as public office is charged with peace and order, protection of life and property and
arrest of violators of law and enforcement of the law.
- It refers to a police office occupied by a police officer in the PNP as an agency
created under R.A. 6975 (DILG Act of 1990)
POLICE OFFICERS
- refers to a person who is an agent of authority occupying the police office and is mandated
to implement the laws of the land as his primary function in the maintenance of peace and
tranquility.
• Police/Law Enforcement Pillar is a branch of criminal justice system that has the
specific responsibility of maintaining law and order and combating crime within the
society.
• Politia – means condition of the state, government and administration.
• The word “police” originated from the Greek word “Politeia” which means govt,
citizenship or the entire activity of a POLIS – a city. It applied to civil officers and not
necessarily policeman. The Romans changed the word to “Police” and applied it to
that person who actually enforced the law. Thereafter, the English and the Americans
borrowed the word intact from the French and used it to describe a law enforcer.
2 Agencies in-charge of law enforcement
1. PNP
2. NBI
Jurisdiction:
A. Territory – national in scope
B. Case Jurisdiction – own initiative and civil and administrative in which government is
interested whenever properly required
Republic Act 157 (R.A. 157)

1. Undertake investigation of crimes and other offenses against the laws of the
Philippines, upon its own initiative and as public interest may require;
2. To render assistance, whenever properly requested in the investigation or detection of
crimes and other offenses;
3. To act as a national clearing house of criminal and other information for the benefit
use of all prosecuting and law enforcement entities of the Philippines; identification
records of identifying marks, characteristics, and ownership or possession of all
firearms as well as of test bullets fired therefrom;
4. To give technical aid to all prosecuting and law enforcement officers and entities of
the government as well as the courts that may request its services;
5. To extend its services, whenever properly requested in the investigation of cases of
administrative or civil in nature in which the government is interested;
6. To establish and maintain an up-to-date scientific crime laboratory and to conduct
researches in furtherance of scientific knowledge in criminal investigation;
OTHER AGENCIES THAT ENFORCE SPECIAL LAWS

1. Bureau of Internal Revenue (BIR) – enforces tax laws and regulations. It investigates
tax evasion cases.
2. Land Transportation Office (LTO)-regulates land transportation industry and enforces
transportation laws and regulations.
3. Bureau of Customs (BOC) – is tasked to enforce customs and tariff duties in all the
Philippine airports and seaport nationwide.
4. Food and Drug Administration (FDA)
5. Philippine Coast Guard-maritime law enforcement
6. Philippine Aviation Security Command (PAVSECOM) airport security and
enforcement
7. Marine Industry Authority (MARINA) – regulates the maritime and shipping
industry. It oversees the sea worthiness of all sea-going vessels.
8. Bureau of Fisheries and Aquatic Resources (BFAR) and
9. Air Transportation Office (ATO) safe economic efficient air travel Civil Aviation
Authority of the Philippines – air travel authority
Compositions of the PNP
1. Police forces who were integrated into the Integrated National Police (INP) pursuant
to PD No. 765.
2. Officers and enlisted personnel of the Philippine Constabulary (PC)
3. Technical services of the AFP assigned with the PC and the civilian operatives of the
Criminal Investigation Services (CIS) and
4. Regular operatives of the abolished NAPOLCOM Inspection, Investigation and
Intelligence Branch
Three Major Police Functions

1. Crime prevention
2. Crime investigation
3. Traffic supervision
Bases of Law Enforcement in the Philippines

1. Act No. 3815 or the Revised Penal Code
e.g. Criminal law book 1 and Criminal law book 2
2. Special Laws passed by Congress e.g. RA 9165
3. Ordinances e.g. curfew
BASIC OBJECTIVES OF THE POLICE

1. The prevention of crime and delinquency
2. The repression of the criminality and delinquency
3. The apprehension and identification of offenders
4. The recovery of stolen property
5. The regulation of people in their non-criminal activities
Police Functions
• These police functions represent the big percentage of time consumed in the
performance of their duties:
1. Protecting lives and properties and serving the community
2. Participating in crime prevention and crime suppression
3. Preventing criminal and delinquent behaviors at the grassroots level within their area
of responsibility
4. Repressing criminal and delinquent behaviors
5. Identifying, apprehending and convicting offenders within their area of responsibility
(AOR) and
6. Regulating traffic flow and collision reduction.
Police Functions According to Charles D. Hale

1. Crime Prevention
2. Criminal Apprehension
3. Order Maintenance
4. Public Service
5. Traffic Regulation and Motor Accident Investigation
Police Functions According to Professor O.W. Wilson

1. Patrol Activities
2. Traffic Direction and Control
3. Detective functions
4. Vice Control Activities
5. Juvenile Delinquency Control
6. Record Keeping and communication classification according to its use
7. Laboratory Examination
8. Jail Operation and management to regulate inmates and control escape and jailbreak
9. Maintenance of Peace and Order
10. Planning of activities in the organization by following the POSDCORB
11. Regular inspection and monitoring of suspected drug and prostitution den
12. Budget preparation and account audit
13. Personnel maintenance records
14. Public Relations duties to inform the public regarding the activities of the law
enforcement that will affect their limbs and properties
15. Intelligence report and gathering of information regarding the activities of the lawless
elements and the dissident terrorists
Factors Involved in Organizing an Efficient Police System
1. Line or Operational – services performed by the police officers where the Police
Department is primarily created.
a. Patrol
b. Crime Investigation
c. Traffic Control
d. Vice Control
e. Juvenile delinquency control
2. Auxiliary or Secondary – services performed by the police officers who aid the
operating line officers in the performance of their duties.
a. Record section
b. Communication function
c. Police laboratory duties
d. Jail duties
e. Property management
f. Maintenance
3. Administrative – is the policy making body where the rules to be followed originate
and it includes the functions of management to facilitate and make possible the
effective accomplishment of the first two operations.
a. Discipline, awards and decorations office for personnel
b. Legal affairs
c. Personnel (recruitment, promotion, training, welfare office
THE KEY FUNCTIONS OF THE PNP UNDER SECTION 24 OF R.A. 6975

1. Enforce all laws and ordinances relative to the protection of lives and properties
2. Maintain peace and order and take all necessary steps to ensure public safety
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders
to justice and assist in their prosecution
4. Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by law,
informing the person to be detained of all his rights under the Constitution.
6. Issue licenses for the possession of firearms and explosives in accordance with law.
7. Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies, and to security guards and private detectives for
the practice of their professions; and
8. Perform such other duties and exercise all other functions as may be provided by the
law.
Police Processes: A Major Chain in the CJS

• Policing is the initial process in the entire criminal justice system. The law
enforcement agencies are considered the initiators in said process which knot the
functions of:
a. Crime Detection
c. Apprehension of Suspects
d. Search and Seizure, and
e. The Case Preparation
a. Crime Detection
1. Receipt of citizen complaints or calls for assistance
2. Receipts of signals from alarm devices
3. Observations by officers on patrol of suspicious behavior, a crime in progress, or
the aftermath of a crime
4. Observation of the planning or execution of crimes by pro-active measures
* Response time – the time that elapses between receipt of the call or alarm and the arrival of
the responding officers at the crime.
- It is a police activity directed toward the identification and apprehension of alleged
criminals and the accumulation, preservation and presentation of evidence regarding
their alleged crimes.
a) Preliminary/Initial investigation – taking care injured persons, arrest or pursue
suspects, protect the crime scene.
b) Follow-up investigation – it is an extension, or continuation of the preliminary
investigation. It is necessary to bring a case to a successful conclusion or to solve
an unsolved case.
c) Apprehension of Suspects – 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 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. (Rules of Court, Rule 113, Sec 2)
Police Discretion
The police officer is vested by law with discretion to act in certain conditions or
situations in accordance with his own judgment or conscience. For as long as his concept of
police discretion is not in conflict with the letter and spirit of the law, he must have flexibility
in dealing with situations he encounters in his work.
Some Discretions of the Police
1. To be lenient when necessary, in the enforcement of laws and ordinance.
2. Not to be strict in effecting arrest in less serious cases.
3. To gather additional evidence or immediately file a case against the suspect.
4. To follow-up cases.
Police Leadership
Max Weber in his book Police Leadership (1987) defines police leadership as an act
that influences others to be motivated and committed to work for the benefits of the whole
community.
HOW IS AN ARREST MADE?
Arrest – is the taking of a person into custody in order that he may be bound answer for the
commission of crime charged against him. (Section 1, Rule 113, Revised Rules of Criminal
Procedure)
The police officer arrests a person by taking him into custody. Restraint is used only
in so far as it may be necessary to keep a person under custody. (Section 2, ibid)
The arresting officer must first inform the person to be arrested of the cause of the
arrest the fact that a warrant has been issued against him.
The police officer can arrest only by virtue of a warrant of arrest issued by a judge of
a court of competent jurisdiction. When the information is filed in court, or when a complaint
is filed in court, the judge examines the complaint or information with the supporting
evidence, and if he finds probable cause, he issues warrant of arrest. (Section 6, ibid)
The police officer may effect an arrest at any time of the day and night.
MIRANDA WARNING
1. You are arrested for the crime of ____ (or by virtue of warrant of arrest, showing him
the warrant as it is practicable).
2. You have the right to remain silent. Any statement you make may be used for or
against you in any court of law in the Philippines.
3. You have the right to have a competent and independent counsel preferably of your
own choice. If you cannot afford the services of counsel the government will provide
one for you. Do you understand these rights?
Warrant of Arrest – it is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to take a
person into custody in order that he may be bound to answer for the commission of an
offense.
• An officer in order to make an arrest either by virtue of a warrant, or without a
warrant, may break into any building or enclosure where the person to be arrested is
or is reasonably believed to be, if he is refused admittance thereto, after announcing
his authority and purpose. Whenever an officer has entered the building or enclosure,
he may break out therefrom when necessary to liberate himself. (Rules of Court, Rule
113, Sec 10-12)
Valid Warrantless Arrest
• Arrest can be made by a peace officer or a private person through the following
circumstances:
a. When in his presence, the person to be arrested has committed, is actually committing
or is attempting to commit an offense.
b. When an offense has just been committed and has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another (Section 5, Rule 113)
*An arrest may be made on any day and at any time of the day or night. (Rules of Court, Rule
113, Sec 6)
Search and Seizure
Search Warrant – it is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for
personal property described therein and bring it before the court.
Plain View – without a search, the possession of articles prohibited by law is disclosed to
plain view or is open to eye and hand.
THE CASE PREPARATION
- This is the process of bringing together in an organized and logical manner all evidence
collected during the investigation of a crime and present it to the prosecutor.
- The investigator must be able to present to the prosecutor and prove before the court
the CORPUS DELICTI.
- Corpus Delicti (substance or body of the crime) – it means that a specific crime
was committed at a specified time, date and place, and that the person named in his
report committed the crime.
MODULE NO. 2 – MIDTERM COVERAGE
Title: Second and Third Pillar of CJS
Overview:
- Prosecution as second pillar
- Court as third pillar
Introduction:
country.
Learning Outcomes:
- Explain the role of the prosecutor in the court
- explain the relationship of the function of the police and of the prosecutor
- elaborate the meaning of selective prosecution and the role of the prosecution in
selective prosecution
- distinguish arraignment from plea bargaining and explain their meaning
- Explain the remedial measures to improve the organization of the court’s system
- Students will learn the various roles of the prosecution as the second pillar of CJS.
- Students will learn the various roles of the court as the third pillar of the CJS.
SECOND PILLAR: PROSECUTION

• It is the institution or continuance of a criminal suit involving the process of
exhibiting formal charges against an offender before a legal tribunal and pursuing
final judgment on behalf of the state or government.
• The process or method whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
• PROSECUTORS are government officials who represent the people of a particular
jurisdiction.
• The State Prosecutor also known as fiscals, considered the “keystone” in the
administration of criminal justice.
• The State Prosecutor – serves as the lawyer of the state in criminal cases.
• Evaluator
• Traffic Cop
INTERACTION OF POLICE AND PROSECUTORS
• Effectiveness of prosecution depends on the immediate and full cooperation of the
arresting officer.
POLICE PROCESS
- The police conduct investigation and when the outcome of their investigation reveals
sufficient evidence against a particular suspect, based on testimony and identification by
witnesses, and other evidence, the suspect is placed under arrest.
CUSTODIAL INVESTIGATION
• It is conducted when the suspect has been taken into custody, and the police carry out
a process of interrogation.
• The prosecutor evaluates the document to determine whether to reject or to accept the
case for prosecution.
Basic Procedure in Preliminary Investigation (Rule 112, Sec 2., Rules of Court)
1. Filing of Complaint Affidavit – within 10 days determine probable cause
2. Issuance of Subpoena by the prosecutor to the respondent
3. Filing of counter affidavit by the respondent – within 10 days
4. Hearing shall be held within 10 days from submission of the counter-affidavits
5. Resolution – within 10 days
RULE 110. Prosecutions of Offenses
Sec. 1 Institutions of criminal actions
a. For offenses where preliminary investigation is required pursuant to Sec 1 of Rule
112, by filing the complaint with the proper officer for the purpose of conducting
requisite preliminary investigation.
b. For all other offenses, by filing the complaint or info directly with the MTC and
MCTC, or the complaint with the office of the prosecutor.
* The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws.
Sec. 2. 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.
• COMPLAINT 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 law violated.
• INFORMATION is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.
SEC 5 of Rule 110 is amended by A.M.No. 02-2-07 SC 2002
SEC 6. COMPLAINT OR INFORMATION IS SUFFICIENT IF:
 Name of the accused – the complaint or information must state the name and surname
of the accused or any appellation or nickname by which he has been or is known.
 Designation of the offense given by the statute – and specify the qualifying and
aggravating circumstance
 The acts or omissions complained of as constituting the offense – must be stated in
ordinary and concise language. In terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and
aggravating circumstances ss
 Place where the offense is committed
PRELIMINARY INVESTIGATIONS
(Sec 1, Rule 112 Rules of Criminal Procedure)
• It is an inquiry or proceedings for the purpose of determining whether there exists
sufficient ground to engender a well-founded belief that a crime has been committed
and that the respondent is probably guilty thereof and should be held for trial.
PD 911
• It is promulgated on March 13, 1976 as amended by Batas Pambansa Bilang 129 and
further amended by the New Rules on Criminal Procedure
WHAT IS THE PURPOSE?
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect
him from an open and public accusations of a crime.
SALIENT POINTS OF PD 911
a. Upon submission of the complainant’s affidavits and documents, the investigating
fiscal or state prosecutor shall immediately determine if there is a probable cause to
conduct preliminary investigation.
b. If no such cause exists, he shall dismiss the complaint. But if there is a probable
cause, he shall notify and require the person charge to submit his affidavit and those
of his witnesses within 10 days.
c. If no such affidavits are submitted or the person charged does not appear, the
investigation shall proceed without him.
d. Based on the affidavits and documents submitted by the parties, the Fiscal or State
prosecutor shall decide within 10 days whether a crime has been committed and the
person charged is probably guilty thereof.
e. He shall furnish the parties’ copies of his resolution briefly stating his findings of
facts and the law supporting his decision.
f. If he believes the person charged is probably guilty of the crime, he shall immediately
file the information in court. Otherwise, he shall dismiss the complaint, unless there
are some matters, he wishes to be clarified.
g. In such a situation, he shall ask the parties and their witnesses clarificatory questions.
h. Without the approval of the Provincial Fiscal or Chief State Prosecutor, an Assistant
Fiscal or State Prosecutor cannot file information in court or dismiss a case
investigated by him.
i. The Provincial Fiscal or Chief State Prosecutor himself may file the proper
information or direct another Assistant Fiscal to do so, if he reverses a
recommendation to dismiss a complaint.
j. PD 911 also empowers the Secretary of Justice to review resolutions of Provincial

Fiscal or Chief State Prosecutor without requiring another preliminary investigation.
k. If the Secretary of Justice believes that the person charged is not guilty of the crime he
can order the filing of the proper information if he believes that the person charged is
probably guilty of the offense.
AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

• Provincial or City Prosecutors and their assistants
• National and Regional State Prosecutors
• Other officers who may be authorized by law (COMELEC, OMBUDSMAN)
*When a person is lawfully arrested without warrant there is no right for preliminary
investigation
AGENCIES COMPRISING PROSECUTORIAL FUNCTIONS
a. National Prosecution Service
b. Office of the Special Prosecutor
c. Office of the Ombudsman
d. Judge Advocate General’s Office
WHEN IS PRELIMINARY INVESTIGATION IS REQUIRED?

• It is required before the filing of a complaint or information for an offense where the
penalty prescribed by law is at least 4 years, 2 months and 1 day regardless of fine.
Prosecutorial Discretions
1. To file a case in court against the accused for trial on merits.
2. To drop or dismiss a case after conducting preliminary investigation for lack of merit
of insufficient evidence.
3. To enter into agreement with the defense counsel for the consideration and approval
of the court.
4. To recommend reduced charges and bail in favor of the accused.
REMEDIES OF AN OFFENDED PARTY AGAINST A FISCAL WHO REFUSES

UNREASONABLY OR UNJUSTIFIABLY TO FILE INFORMATION
1. To file a criminal case against the fiscal.
2. To file an administrative case
3. To hold him civilly liable
4. To file an action for mandamus to compel the fiscal to file the information
5. To file a motion for consideration
6. To appeal to the Department of Justice
ARRAIGNMENT AND PLEA (Rule 116, Rules of Court)
ARRAIGNMENT is the legal mechanism whereby an accused is brought before the court
wherein the complaint charged against him is read by the clerk of court in the presence of his
lawyer.
PLEA BARGAINING is the process of discussion or negotiation between the defense
counsel and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses
discretion to obtain from the judge a lighter sentence in exchange for the defendant’s entering
a guilty plea. (It is authorized by Sec 1 and 2 of Rule 116 of Revised Rules on Criminal
Procedures)
• Plea bargaining is not allowed under Dangerous Drugs Act where the imposable
penalty is Reclusion Perpetua.
• Plea bargaining is done during pre-trial stage/conference.
• Saving factor in plea bargaining – the truly innocent don’t plead guilty.
Three (3) Types of Lawyer for Defendant

1. Lawyer hired
2. Public defendant for indigent
3. Court-assigned counsel (counsel de officio)
Objectives of Plea Bargaining is to Mitigate such as:

1. Reducing the charge
2. Dropping multiple counts (complex-simple)
3. Recommend leniency to the court
4. Separate complex crime
THE REPUBLIC ACT 8493

(The Speedy Trial Act)
• This act was enacted to ensure speedy trial of all criminal cases before the Sandigan
Bayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and
Municipal Circuit Trial Court. Under this act, the following Section gives significant
on the speedy resolution of cases.
SEC. 2. Mandatory Pre-Trial in Criminal Cases. – In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court,
and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial
conference to consider the following:
1. Plea bargaining;
2. Stipulation of Facts;
3. Marking for identification of evidence of parties;
4. Waiver of objections to admissibility of evidence; and
5. Such other matters as will promote a fair and expeditious trial.
• Modification of the order of trial if the accused admits the charge but interposes a
lawful defense
Sec 3. All agreements or admissions made or entered into during the pre-trial conference
shall be reduced to writing and signed by the accused and counsel, otherwise the same shall
not be used in evidence against the accused.
Sec. 4 Non-appearance at pre-trial conference. Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse
for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions.
Sec 7. The arraignment of an accused shall be held within 30 days from the filing of the
information, or from the date the accused has appeared before the justice, judge or court in
which the charge is pending, whichever date last occurs.
• Thereafter where a plea of not guilty is entered, the accused shall have at least fifteen
15 days to prepare for trial. Trial shall commence within 30 days from arraignment.
• If the accused pleads not guilty to the crime charged, he or she shall state whether
he/she interposes a negative or affirmative defense. A negative defense shall require
the prosecution to prove the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove
such defense by clear and convincing evidence.
Section 13, If an accused is not brought to trial within the time limit required by Section 7
of this Act as extended by section 9, the information shall be dismissed on motion of the
accused. The Accused shall have the burdened of proof supporting such motion, but the
prosecution shall have the burden of going forward with the evidence in connection with
the exclusion of time.
• Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty
shall constitute a waiver of the right to dismissal under this section.
PRE-TRIAL
• It is a mandatory conference and personal confrontation before the judge between the
parties and their respective counsel.
MAIN PURPOSE OF PRE-TRIAL

1. Whether or not to file a criminal charge
2. How to set the level of seriousness of the offense to be charged
3. When to stop prosecution
SEC 1 & 2, Rule 118 of Rules of Court

• It requires plea bargaining to be considered by the TC at the pre-trial conference.
SEC 1 – Pre-Trial Mandatory in criminal cases.
In all criminal cases cognizable by the SB, RTC, MTC, MTC in cities and MCTC, the
court shall after arraignment and within 30days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter period is provided for in special laws or
circular of the SC, order a pre-trial conference to consider the ffng:
a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
f. such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case. (secs. 2 and 3, cir. 38-98)
THIRD PILLAR: COURT

COURT – judicial tribunal established to administer justice.
What are the functions of the court in the process of CJS?
- generally, hear and decide cases
FUNCTIONS OF THE COURT

1. Keeping Peace
2. Deciding Controversies
3. Administrative Role
ROLE IN HEARING CASES

- Court must work both in the interest of the offender and offended person towards the
attainment of justice
- Due process clause are observed
- Courts are forum where aggrieved seek for redress
- Fair trial
Judicial Power
• The judicial power shall be vested in one Supreme Court and in such other courts as
may be established by law. (Art VIII, Sec 1 of 1987 Constitution)
• Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government
DIFFERENT COURTS IN THE PHILIPPINES
1. Supreme Court – it is the highest court in the Philippines. It is constitutional court
created by a direct provision of the Constitution.
Royal Audencia – established on May 5, 1583
One (1) Chief Justice and 14 Associate Justices
- Supreme Court: The Highest Court – It is the final arbiter of any and all judicial
issues. It composed of one Chief Justice and fourteen associate justices, all of whom
are presented by the Judicial and Bar Council.
• June 11, 1901 marks the birth of the Supreme Court. It was preceded by the Royal
Audiencia, a collegial body established on May 5, 1583.
2. Court of Appeals – it is the second-highest judicial court after the Supreme Court. It
reviews decisions and orders of the lower courts.
- The Court of Appeals – was established under Batas Pambansa Bilang 129 known as
“The Judiciary Reorganization Act of 1980” It composed of one presiding judge and
68 Associate Justices.
3. Regional Trial Court (RTC) – court of first instance
- The Regional Trial Courts – were established among the regions in the Philippines.
- R.A 8369 – otherwise known as the “Family Courts Act of 1997” was enacted
establishing the Family Court, granting this court exclusive original jurisdiction over
child and family cases.
4. Inferior Courts (MetroTC, MTC and MCTC)

- Municipal Trial Courts – it covers one municipality; otherwise it is called Municipal
circuit trial courts if it covers two or more municipalities.
- Metropolitan Trial Courts and Municipal Trial Courts in Cities – municipal trial
courts in the towns and cities in the Metropolitan Manila area are referred to as
Metropolitan Trial Courts. In cities outside Metropolitan Manila, the equivalent of the
Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.
MUNICIPAL TRIAL COURT under RA 7691, has exclusive original jurisdiction
over offenses punishable with imprisonment not exceeding six years regardless or
irrespective of the fine and other accessory penalties and civil liability
All criminal cases where the penalty is higher than six years imprisonment (except
those cases falling within the Sandiganbayan) are within the jurisdiction of the
RTC.
In cases where the only penalty provided by law is a fine, the MTC has exclusive
original jurisdiction over offenses punishable with a fine not exceeding 4,000
pesos.
The MTC also has exclusive original jurisdiction over all violations of city or
municipal ordinances committed within its respective territorial jurisdiction. The
MTC has also a special jurisdiction to hear and decide petitions for writ of habeas
corpus or applications for bail in the Province or City where the RTC judges are
absent.
In addition, the following cases should also be filed with the MTC:
a. Cases involving BP 22
b. Offenses involving damage to property through criminal negligence (BP 129
as amended by RA 7691)
c. The RTC shall exercise original jurisdiction over criminal cases not within the
exclusive jurisdiction of any court, tribunal or body. This is because the RTC
is a court of general jurisdiction.
SPECIAL COURTS
1. THE SHARI’A COURTS – equivalent to the Regional Trial Courts in rank are the
Shari’a District courts which were established in certain specified provinces in
Mindanao where the code of Muslim Personal Laws of the Philippines is being
enforced.
Shari’a District Court is of limited jurisdiction. It was created under Presidential

Decree No 1083. Cases falling within the exclusive jurisdiction of the Shari’a
District Courts primarily pertain to family rights and duties as well as contractual
relations of Filipino Muslims in the Mindanao.
It has appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within
their territorial jurisdictions.
The decision of the SDC, whether on appeal from the SCC or not, is final.
The Shari’a Circuit Court – equivalent to the Municipal Circuit Trial Courts which
were established in certain municipalities in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced. It has original jurisdiction
over;
All cases involving offenses defined and punished under PD 1083;
All civil actions and proceeding between parties who are Muslims or have been
married in accordance with Article 13 of PD 1083
All cases involving disputes relative to communal properties.
2. COURT OF TAX APPEALS (CTA) – it has the same level with the Court of
Appeals – can try criminal cases esp. in violation of tax laws
- The Court of Tax Appeals – it was created under RA 1125. It is a special court with
limited jurisdiction. It has same level with Court of Appeals. RA 9282 expanded the
jurisdiction of the CTA, elevating its rank to the level of a collegiate court with
special jurisdiction and enlarging its membership.
3. SANDIGANBAYAN – It is special court that has jurisdiction over criminal and civil
cases involving graft and corrupt practices of public officers.
- The Sandiganbayan – It is a special court which was established under the PD No
1606. Its rank is equivalent to the Court of Appeals.
CRIMINAL JURISDICTION DEFINED,

- the authority to hear and try a particular offense and impose the punishment for it.
Criminal jurisdiction is essential because without this the court cannot hear, try and
decide on a particular case.
Requisites for Valid Exercise of Criminal Jurisdiction
1. Jurisdiction over the subject matter – the offense by virtue of the imposable
penalty or its nature, is one which the court is by law authorized to take
cognizance of.
2. Jurisdiction over the territory – the offense must have been committed or any of
its essential ingredients must have taken place within the territorial jurisdiction of
the court. It cannot be waived and where the place of the commission was not
specially charged, the place may be shown by evidence.
3. Jurisdiction over the person of the accused – the person charged with the offense
must have been brought for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court.
• JURISDICTION is the power and authority of the court to hear, try, and decide a
case.
• VENUE refers to a place or the geographical area, where the action is to be filed and
tried.
• TRIAL – refers to the presentation of the prosecution and the defendant of their
respective case and arguments before the court.
The following are the defenses the accused might put up:
1. The defense of alibi – is simply a CLAIM by the defendant that he or she WAS IN
ANOTHER PLACE when the crime occurred and therefore could not have committed
it. This is supported by witnesses and documentary evidence.
2. The defense of insanity – is a claim that the defendant should be exonerated from
criminal responsibility because he or she was/is suffering from a mental condition or
mental incapacitation.
3. The defense of instigation – if the defendant can establish that he or she would not
have committed the crime were it not for the encouragement or compulsion of law
enforcement agents, he /she is not criminally liable.
4. The defense of duress – this is based on the claim that the act was the result, not of
any intent on the part of the accused, but of threats of loss of life, limb, or a loved one.
Duress as a valid defense should be based on real, imminent, or reasonable fear for
one’s life or limb and should not be speculative, fanciful or remote fear.
5. The defense of consent – that the victim consented to the act for which the accused
stands charge. This defense is common in rape and acts of lasciviousness.
6. The defense of violation of the provisions of the BILL of RIGHTS. This defense is
invoked if the state or its agents violated the right of the defendant in obtaining
evidence to prove the latter’s guilt. Such evidence is inadmissible in a criminal
proceeding.
TWOFOLD ROLE OF THE COURT

• PARTICIPANT the court must decide the culpability or innocence of the accused
after a careful examination of the records or the case after its trial on the merit
• SUPERIOR it has a mission as a protector of human rights
SUBPOENA
• It is an order to appear and testify at the hearing or trial of an action, or at any
investigation conducted by competent authority.
• Subpoena ad testificandum - the person who will appear to attend and testify or the
subpoenaed
• Subpoena duces tecum – a person is required to bring with him books, documents or
other things
SUMMON
• It is a writ of the court by which the defendant is notified of the action brought against
him.
• It is an order to answer a complaint
BAIL AND RECOGNIZANCE
• BAIL is the security given for the release of a person in custody of law, furnished by
him or a bondsman, conditioned upon his appearance.
FORMS OF BAILS
- Corporate surety
- Property bonds
- Cash deposit
- Recognizance
RECOGNIZANCE refers to an obligation of record, entered into before some court or officer
with a condition to do some particular acts.
• PREVENTIVE DETENTION is an imprisonment that allows judges to hold the accused
inside the jail who could not afford bail.
JUDGMENT AND APPEAL
• JUDGMENT is the adjudication by the court that the accused is guilty of the offense
charged and the imposition of the proper penalty and civil liability provided for by the
law on the accused.
• APPEAL is a remedy available to an accused to obtain reversal or modification of
judgment for lack of jurisdiction over the subject matter or grave abuse of discretion in
the findings of facts or of law set out in the decision.
WHAT WAS COURT SYSTEM BEFORE ENACTMENT OF BP 129?

• Indiscriminate filing of cases are very common during those time that clogs court dockets
and makes court inefficient.
• During this time the then President Marcos introduces P.D.1508 or the Katarungang
Pambarangay Law
CHIEF JUSTICE FRED RUIZ CASTRO

- Advocated the creation of “neighborhood paralegal committee” reminiscent of the Pre-
Spanish time that all kinds of disputes were heard before the old men of the district.
• He is considered as the “Father of the Barangay Justice Law”
• P.D. 1293 January 27, 1978
• It was promulgated creating the Presidential Katarungang Pambarangay Commission
which was charged with the task of studying the feasibility of instituting a system of
resolving disputes among family and barangay members without resort to the courts.
• Pangkat Tagapagkasundo – arbitration panel with three (3) members plus an alternate.
Members elect from among themselves the Chairman and Secretary. The BC will act
as the presiding officer during settling of disputes.
• Lupong Tagapamayapa – Its primary role is to amicably settle certain classes of
disputes without judicial intervention like areglo.
Local Government Code of 1991
• RA 7160, otherwise known as Local Government Code of 1991, mandates barangays
to enforce peace and order and provides support for the effective enforcement of
human rights and justice. This has facilitated the recognition of the Katarungang
Pambarangay as an alternative venue for the resolution of disputes.
• LUPONG TAGAPAMAYAPA (Committee for Peace) – referred to as the Lupon.
LUPON refers to a group or pool of village residents picked and appointed by the
Barangay Captain.
COMPOSITIONS
1. The Punong Barangay as Chairman; and
2. Ten (10) to twenty (20) members.
Three Principal Duties of a Lupon Chairman

1. To determine the number and qualifications of Lupon members and to appoint them.
2. to settle disputes or cases among the members of the barangay by conciliation or
arbitration
3. To constitute the Pangkat ng Tagapagkasundo to adjudicate a dispute in proper cases.
PANGKAT NG TAGAPAGKASUNDO refers to the panel of conciliators consisting of three

members of the Lupon.
• The three Lupon members who are to be constituted as Pangkat are going to be
chosen by the contending parties to the dispute (Section 404 9a, RA 7160)
OBJECTIVES OF KATARUNGANG PAMBARANGAY

1. To speed up the administration of justice
2. To implement the Constitutional mandate and develop Filipino culture
3. To perpetuate the time-honored tradition of settling disputes amicably for the
maintenance of peace and harmony
4. To decongest dockets of minor criminal and civil cases.
JURISDICTION OF KATARUNGANG PAMBARANGAY

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 pesos (5,000)
d. Offenses where there is no private offended party
e. Where the disputes involve real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon.
f. Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other, and the parties
agree to submit their differences to amicable settlement by an appropriate lupon.
g. Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice.
MODULE NO. 3 – FINAL COVERAGE
Title: Fourth and Fifth Pillar of CJS
Overview:
- Correction as fourth pillar
- Community as fifth pillar
Introduction:
country.
Learning Outcomes:
- Compare and contrast the different definitions of corrections
- Explain the role of the Bureau of Corrections in the Criminal Justice System
- Elaborate the relationship of the community to the different pillars of the Criminal
Justice System
- Explain the role of the community in the Criminal Justice System
- Students will learn the various roles of the correction as the fourth pillar of CJS.
- Students will learn the various roles of the community as the fifth pillar of the CJS.

FOURTH PILLAR: CORRECTION
CORRECTION – is the branch of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of the convicted persons.
Two approaches of Correction:

1. Institutional Correction
2. Non- institutional Correction
Agencies of the Govt. charged with correctional responsibility:

1. Bureau of Correction (BuCor)
2. Bureau of Jail Management and Penology (BJMP)
3. Board of Pardons and Parole (BPP)
4. Parole and Probation Administration (PPA)
5. Provincial and Sub-provincials Jails
6. Department of Social Welfare and Development
First Approach: Institutional Correction
For centuries, jails and prisons were places to hold people before they were punished for
convicted offenders. People were locked up until they could be executed, pilloried, or
subjected to under the BJMP until judgment is rendered by the court if bail is not available.
After conviction, the convicted person will remain in jail if the sentence is 3 years of
imprisonment or below. Only when the sentence is more than 3 years that the convicted
person is transferred from the jail to a correctional facility under the control of the BuCor for
the service of such sentence.
Bureau of Correction (BuCor)

Mandates (Sec. IV RA 10575 approved last May 24,2013)
 Safekeeping of National Inmates

 Reformation of National Inmates
Reformation of Bucor (Sec 4b of RA 10575)
1. Moral and Spiritual program
2. Education and Training Program
3. Work and Livelihood Program
4. Spots and Recreation Program
5. Health and Welfare Program
6. Behavior modification Program to include Therapeutic Community
Objectives & Functions:

1. To confine persons who are convicted by the courts to serve a sentence in the
National prisons.
2. To prevent prisoners from committing crimes while in custody
3. To provide humane treatment by affording them basic needs in the prisons facility and
prohibiting cruel methods of punishments.
4. To provide a variety of rehabilitation program designed to change the prisoner’s
pattern of criminal or anti-social behavior.
5. To engage in agro-industrial projects for the purpose of developing prison lands and
resources into productive bases of profit centers, developing and employing inmate
manpower skills and labor, providing prisoners a source of income and reducing
Bureau’s yearly appropriated funds.
6. To perform other functions that may be directed by the Secretary of Justice or other
competent authorities.
Seven Correctional facilities in the Philippines (under BuCor)

1. New Bilibid Prison – Muntinlupa City
2. San Ramon Prison and Penal Farm – Zamboanga Del Sur
3. Iwahig Prison and Penal Farm – Palawan
4. Correctional Institution for Women – Mandaluyong City
5. Leyte Regional Prison – Abuyog Leyte
6. Sablayan Prison and Penal Farm – Sablayan, Mindoro Occidental
7. Davao Prison and Penal Farm – Tagum, Davao del Norte
Procedures of Admission in Correctional Institutional

 Receiving of convicted person
 Checking of Commitment papers
 Identification of the prisoner
 Searching
 Briefing and Orientation
 Assignment of Quarters Bureau of Jail Management and Penology (BJMP)
 The BJMP is created under Sec. 10 of RA 6975 as amended by RA 9263.
 The BJMP exercises supervision and control over all cities and municipal jails
throughout the country.
Courts & Entities Authorized to commit a Person to Jail

1. Supreme Court
2. Court of Appeals
3. Regional Trial Court
4. Metropolitan/ Municipal Trial Court
5. Municipal Circuit Trial Court
6. Board of Transportation
7. Deportation Board
8. Commission on Election
9. Police Authorities
10. All other administrative bodies as may be authorized by law
Types of Jail:
1. Lock-up Jail
2. Ordinary Jail
3. Workhouses
Legal Grounds of Detaining a person:

Commission of a crime
Violent insanity or any other ailment requiring compulsory confinement in a hospital
Requirements for Commitment:

1. Commitment order
2. Medical Certificate
3. Complaint/ Information
4. Police Booking Sheet
General Categories of Inmates:

1. Sentenced Prisoner
2. Detention Prisoner
Classification of Sentenced Prisoner:

1. Insular or National Prisoners- 3yrs and 1day to life imprisonment.
2. Provincial Prisoners- 6months and 1day to 3yrs., not more than 1000 pesos.
3. City Prisoners- 1day to 3yrs., not more than 1000 pesos.
4. Municipal Prisoners- 1day to 6months.
Classification of Detainees:
1. Undergoing investigation
2. Awaiting or undergoing trial
3. Awaiting final judgement
Classification of Inmates according to security risk:
 High Risk Inmates
 High Profile Inmates
 Ordinary Inmates
PROBATION
History:
 Probation is a sentence handed down to criminal offenders that allows them to remain
out of the jail, under supervision, as long as certain specific guidelines are followed.
 Probation originated in the Boston shoemaker named John Augustus (Father of
Probation)
 In 1841, began to supervise lawbreakers by requesting courts to allow him to take
care of said offenders.
 In 1878, Massachusetts became the first state to pass the probation law.
The Purposes of Probation of Law are:

1. Promote the correction and rehabilitation by providing the offenders with
individualized treatment.
2. Provide an opportunity for the reformation of an offender which might be less
probable if he were to serve a prison sentence.
3. Prevent the commission of offenses.
Notes:
 You can only file a probation if you’ve sentence not below 2 years of imprisonment
and not more than 6 years.
 Filing for probation shall be filed with the trial court.
 The court shall not deny a petition for probation however an outright denial by the
court is a nullity correctible by certiorari. An accused must fall within any
disqualification in order to denied probation.
Disqualified offenders are:

1. Sentenced to serve a maximum term of imprisonment of more than 6 years.
2. Convicted of any crime against the national security (Treason, Espionage, Piracy,
etc.) or the public order (rebellion, sedition, direct assault, etc.)
3. Who have been previously convicted by final judgement of an offense punished by
imprisonment of not less than one month and one day and or a fine of not less than
P200.
4. Who have been once on probation
5. Who are already serving sentence at the time of effectivity of the decree.
Obligation of a Probationer
1. Present himself to probation officer within 72 hours from receipt of probation order.
2. Report himself to the probation officer at least once a month during the period of
probation.
3. Not to violate the conditions of his probation.
Incase of violation is committed by the probationer

 The court, after considering the nature and seriousness of the violations of probation
(if any), may issue a warrant for the arrest of the probationer. He is then brought to
the court immediately for hearing, which summary. If violation is established, the
Court may revoked, the probationer shall be ordered to serve the sentence originally
imposed and shall commit the probationer. The order of the court is not appealable
Six Essential Goals of Probation:

1. An enlightened and humane correctional system;
2. The reformation of offenders;
3. The reduction of the incidence of recidivism;
4. To extend to offenders individualized and community-based treatment programs
instead of imprisonment.
5. It is limited only to offenders who are likely to respond to probation favorable; and
6. It is economical or less costly than confinement to prisons and other institutions with
rehabilitation.
Purposes of the Probation Law

 Section 2 of PD No. 968 Probation Law of 1976 provides that the purpose of the
decree is to:
a) Promote the correction and rehabilitation of an offender by providing him with

individualized treatment;
b) Provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
c) Prevent the commission of offenses
The Benefits and Advantages of Probation
 To the Society – the philosophy of probation is that the community is responsible for
crime and that is for the greater good of the society that offenders not be summarily
eliminated from productive life but brought back to its fold in the quickest and least
traumatic way possible.
 To the Offender – In the absence of probation as an alternative to incarceration, a
convicted offender would suffer the loss not only family contacts and job, but also the
loss of privacy or any privileges such as freedom of choice.
 To the Government – the confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an onerous drain on the financial
resources of the country. Probation is thus less costly alternative to the imprisonment
of offenders.
FIFTH PILLAR: COMMUNITY

THE COMMUNITY
• It plays an important role in every one of the four other pillars.
So, the law that commands a community what they should do, this is where the human mind
of a person enters without the ability to control what they/we should do it’s up to us whether
we will be satisfied with what we do.
For an example, Mr. Giba is newly released and he is good at correction so he came back to
the community and you as a part of the community it's up to you if you accept him you will
interact with him all your moves will be you yourself the one who decided there is no law say
you stayed away from Mr. Giba you will be imprisoned because the law does not control the
performances of the community
Why is Community as one of the Pillars of the Philippine Criminal Justice System?
- It is considered as the base and most important pillar because without its cooperation
and coordination with the other four (4) pillars, the ends of justice will not be served.
What are some Concepts about Community Pillar?
a. Police Community Relations
b. Participative Law Enforcement
c. Team Policing
Why is Police Community Relations (PCR) created?
- To build and maintain good and harmonious relationship between the police and the
citizens.
What is the doctrine of Participative Law Enforcement?
- It is the police together with the community work hand on hand in combating
criminality.
- This is also known as the Community Oriented Policing System (COPS).
What is Team Policing?
- It refers to a grass root approach undertaken to bring the people and the police closer
together in a more cooperative condition. Its distinct feature is establishing
neighborhood crime watch groups for the purpose of encouraging people to report all
suspicious circumstances and conditions in their locality and the police to take greater
responsibility and interest in preventing and repressing crimes. Public trust and
support are essential to a successful and fruitful team policing.
Definition of Terms:
COMMUNITY- the community refers to the civilian populace in municipalities or public in
general and can be used interchangeably with public, citizenry, society, or private sector.
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.
SCHOOL – 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. It exercises authority over every child that enters its
jurisdiction. The teachers are considered second parents having the responsibility to mold the
child to become productive members of the community, by devoting energies to study the
child’s behavior using all available scientific means and devices in an attempt to provide each
the kind and amount of education they need.
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 peoples lives and
properties. The church generates a strong will of the people to oppose crime and delinquency.
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.
NON-GOVERNMENT ORGANIZATION – NGOs 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. They
serve as partners of the government institutions in providing common services for public
good and welfare, thus preventing criminality and maintaining peace and order.
TWO (2) FOLD ROLES OF THE COMMUNITY AS A PILLAR OF CJS

 To participate in Law Enforcement Activities
 To participate in the promotion of Peace and Order
STRUCTURE OF THE COMMUNITY
The community has an unparalleled role as the fifth pillar in the Criminal Justice System. In
this connection community is understood the mean as elements that are mobilized and
energized to help the authorities in effectively addressing the law-and-order concern of the
citizenry Community pillar is also relating to activity that is intended to promote goodness or
improve human quality of life and community well-being. Volunteering is a key aspect
within the community pillar and is renowned for the skill development, socialization, meeting
a particular need as well as creating fun and enjoyment in the community.
• After convicts have passed through the correction component either unconditionally (as by
full service of the term of imprisonment imposed on them) or by parole, or by pardon. They
revert to the COMMUNITY and either lead normal lives as law-abiding citizens in their
barangays, regrettably committing other crimes and thus go back through the same stage of
the Criminal Justice System.
 The Community at Large
-through the appropriate legislative agencies, public and private educational institutions,
parents and guardians, churches, religion organization, civic association, etc.
To develop and exactly

confirm with acceptable moral
and ethical value, create the
environment
for the development of civic-
spirited citizens, foster respect
for and observance of the rule
of laws.
environment
of laws.
environment
of laws.
environment
of laws.
-To develop and exactly confirm with acceptable moral and ethical value, create the
environment for the development of civic-spirited citizens, foster respect for and observance
of the rule of laws.
-In particular, member of the community having knowledge of facts relevant to the
investigation or prosecution of crime, are expected to cooperate with law enforcement and
investigators, by reporting crime and giving evidence against offenders.
The community component should also include key government institutions that play a role
such as:
1. Bureau of Post
- which delivers court document, notices and other processes, Bureau of Post is the value
of all the existing assets of Bureau of Post and it successor office, the postal service
office, and the various postal facilities throughout the country owned by it, to be
determined by an independent appraiser within a year of the effectivity of this act.
2. Bureau of Immigration & Deportation
- which may prevent the departure of suspects from the country. And Bureau of
Immigration is principally responsible for the administration and enforcement of
immigration, citizenship and alien admission and registration laws in accordance with the
provisions of the Philippines immigration act of 1940 . He also play a role in the
enforcement of R.A 9208, also known as the Anti-Trafficking in persons act of 2003.
Because of that Bureau of Immigration has an authority to control and regulate the
movement of the people, from within our country in contributing to national security and
development. That committed by 2025 to be regionally and internationally recognized as
providing excellent, efficient, effective and innovative immigration services.
3. Bureau of Telecommunications
- which may transmit communication to enforce and implement, through inspection and
field investigation, telecommunications law, has a rule and regulations governing
installations and operations of all radio communications stations and all
telecommunications services including radio and television broadcasting system including
cable television.
- Telecommunications also transmits to have a sign, signals, messages, words, writings,
images and sounds or information of any nature by wire, radio, optical or other
electromagnetic system. That telecommunication is occurring when the exchange
participants include the use of technology.
IMPORTAN
CE OF THE
COMMUNIT
Y
IMPORTAN
CE OF THE
COMMUNIT
Y
IMPORTANCE OF THE COMMUNITY
• These group of people obeys some social norms and some common value among
themselves.
• A sense of community is important to establish peace and harmony among the society
• Sense of Togetherness - A sense of togetherness lies in the soul of every individual.
• Division of Work - We share our work, and this division of work leads to our
dependency on other people working in different roles.
• Cooperation - The very idea of community comes into being because people like to
cooperate with each other.
• Feeling of Association - In a community, people live by associating with one another.
Benefits of being part of a community

There are so many positive aspects to being part of a group or community. Providing unique
opportunities for people to learn from each other and give support and encouragement are an
invaluable part of joining forces with our peers:
SUPPORT. Being part of a community enables us to give support to other members. Being
supportive of others will help them to feel good and better about themselves. With so much
stress in the busy world we live in, there’s never been a more important time to help others
struggling with their mental and physical wellbeing.
INFLUENCE. With community participation comes empowerment. When people feel
empowered, they feel a sense of control enabling them to influence positive change. It is
about making a difference to a group that matters to its members.
SHARING. stimulates innovation and growth. Ideas breed new ideas. Apart from having
personal benefits of gaining knowledge and insight, sharing also contributes to the
community’s greater worth.
REINFORCEMENT. can be an effective learning tool to encourage desirable behaviors and
provide motivation. A strong community will go beyond the immediate, basic needs and
ensure that fulfillment is a positive experience. By doing so, it builds positive rewards and
reinforcement for an enjoyable sense of togetherness.
CONNECTION. An open bond with new connections is what builds valuable relationships,
and gives us a deeper sense of belonging. It helps us to reach our goals, and brings a sense of
security.
LEARNING/RESOURCES – communities are rich in resources. Having knowledge is a
unique resource and through its use, it increases in value.
PASSION having an outlet for passions gives people the opportunity to share a subject
they’re passionate about. This helps to spread confidence and encouragement to create new
things that they can share with others.
Relationship of the Community with Other Pillars in the PCJS
• The Law enforcement’s relationship to the community
- Law enforcement is the activity of some members of government who 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. The term
encompasses police, courts, and corrections.
- Strong relationships of mutual trust between police agencies and the communities
they serve are critical to maintaining public safety and effective policing. Police
officials rely on the cooperation of Community members (without the aid of the
community there’s no knowing on what to do, who to apprehend or take into custody
for further interrogation due to not having anyone to cooperate with you right?)
community members provide information about crime in their neighborhoods, and to
work with the police to devise solutions to crime and disorder problems. Similarly,
community members’ WILLINGNESS to trust the police depends on whether they
believe that police actions reflect community values and (ALSO JUSTICE,
“JUSTICE IS IMPORTANT”) incorporate the principles of procedural justice and
legitimacy.
- Working with community members allows police and prosecutors to effectively
reduce crime, protect communities, and ensure justice. Law Enforcement Leaders
support agency practice changes to strengthen community relations. We support
police departments’ collaboration with neighborhood residents in developing policies
that identify community problems and implement solutions to produce meaningful
results.
 Relationship of Community with Prosecution Pillar

- The community is leaning on the premise that the prosecutor would be
fighting not just for the administering justice.
- Because the real offended party is the people of the Philippines
- The prosecutor needs the cooperation of the victim, the victim’s family, and of
course the willing and active participation of the witnesses, so that the
prosecutor can successfully bring the offender to justice.
 Relationship of Community with Court Pillar
- The community depends on the courts to ensure that justice is served.
- The court, in the performance of its function is criminal proceeding, must
ensure that only the guilty is punished and the innocent set free.
- To achieve this, the court needs witnesses to participate by giving their honest
testimony in court and by willingly giving a detailed account of what he
knows regarding the crime.
- His testimony would help the judge in his determination of the guilt or
innocence of the accused.
 Relationship of Community with Corrections Pillar

- The task of rehabilitating the offender cannot be done by the government
agencies in charge of their custody.
- The help of families and loved ones of the convicted is needed to reinforce the
need for her/him to change.
- The process of reinforming an offender to become a better person, becomes
easier if he believes he has a reason to change.
 Community-based Corrections
- Parolees and probationers need the acceptance and trust of the people in the
community; therefore he/she can be restored as a useful and productive
member of the community in which he/she lives in.
• Work release - In prison systems, work release programs allow a prisoner who is
sufficiently trusted or can be sufficiently monitored to go outside the prison and work at a
place of employment, returning to prison when their shift is complete.
• Study release, Study release allows inmates to participate in academic or vocational
training programs away from the correctional facility and not supervised by a correctional
employee or an agent of the Department of Correction, this make’s the community healthier
and away from adversity

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UNIVERSITY OF CAGAYAN VALLEY

VVP Campus, Balzain, Tuguegarao City

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE NO. 1 – PRELIM COVERAGE

Discussion: (Pls refer to your hand-outs)

ORIGINS OF THE CRIMINAL JUSTICE SYSTEM

WHAT IS CRIMINAL JUSTICE SYSTEM?

CRIMINAL JUSTICE SYSTEM IN THE AMERICAN CONTEXT

FIRST PILLAR OF CJS: PHILIPPINE SETTING

POLICE FORCES ORGANIZED

DURING THE AMERICAN OCCUPATION

f. Commonwealth Act No. 88 - An Act to Provide for the Organization and

g. In November 1938, Act #181 required the creation of a Bureau of Investigation.

DURING THE POST WORLD WAR II

Republic Act 157 (R.A. 157)

OTHER AGENCIES THAT ENFORCE SPECIAL LAWS

Three Major Police Functions

Bases of Law Enforcement in the Philippines

BASIC OBJECTIVES OF THE POLICE

Police Functions According to Charles D. Hale

Police Functions According to Professor O.W. Wilson

THE KEY FUNCTIONS OF THE PNP UNDER SECTION 24 OF R.A. 6975

Police Processes: A Major Chain in the CJS

Discussion: (Pls refer to your hand-outs)

SECOND PILLAR: PROSECUTION

j. PD 911 also empowers the Secretary of Justice to review resolutions of Provincial

AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

WHEN IS PRELIMINARY INVESTIGATION IS REQUIRED?

REMEDIES OF AN OFFENDED PARTY AGAINST A FISCAL WHO REFUSES

Three (3) Types of Lawyer for Defendant

Objectives of Plea Bargaining is to Mitigate such as:

THE REPUBLIC ACT 8493

MAIN PURPOSE OF PRE-TRIAL

SEC 1 & 2, Rule 118 of Rules of Court

THIRD PILLAR: COURT

FUNCTIONS OF THE COURT

ROLE IN HEARING CASES

3. Regional Trial Court (RTC) – court of first instance

4. Inferior Courts (MetroTC, MTC and MCTC)

Shari’a District Court is of limited jurisdiction. It was created under Presidential

CRIMINAL JURISDICTION DEFINED,

TWOFOLD ROLE OF THE COURT

WHAT WAS COURT SYSTEM BEFORE ENACTMENT OF BP 129?

CHIEF JUSTICE FRED RUIZ CASTRO

Three Principal Duties of a Lupon Chairman

PANGKAT NG TAGAPAGKASUNDO refers to the panel of conciliators consisting of three

OBJECTIVES OF KATARUNGANG PAMBARANGAY

JURISDICTION OF KATARUNGANG PAMBARANGAY

Discussion: (Pls refer to your hand-outs)

Two approaches of Correction:

Agencies of the Govt. charged with correctional responsibility:

First Approach: Institutional Correction

Bureau of Correction (BuCor)

 Safekeeping of National Inmates

Objectives & Functions:

Seven Correctional facilities in the Philippines (under BuCor)

Procedures of Admission in Correctional Institutional

Courts & Entities Authorized to commit a Person to Jail