Lecture Notes in CLJ 1 - PCJS

LECTURE NOTES IN CLJ 1 – INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM
UNIT 1
INTRODUCTION TO CRIMINAL JUSTICE
Objectives:
At the end of the unit, you are expected to be able to:
1. demonstrate understanding on the concept of criminal justice system and process; and
2. identify the pillars of Philippine Criminal Justice system.
A. CONCEPT OF CRIMINAL JUSTICE SYSTEM (CJS)
1. Crime – defined as act committed or omitted in violation of a law forbidding or commanding it and for which
punishment is imposed upon conviction. (Legal Definition)
Under the social perspective, most crimes, such as harming people’s live, safety, morals, and property,
are considered by society as deviant. Criminal actions should be interpreted within social context. The
factors to commit crimes like poverty, low levels of education, deviant activity by family and peers.
Enumerate some of the legal principles or maxims regarding a crime or a criminal act?
a) "Nullum crimen nulla poena sine lege". That is - There is no crime where no law is punishing it.
b) The maxim is, "actus non facit reum, nisi mens rea" -A crime is not committed if the mind of the
person performing the act complained be innocent.
c) The maxim is "Actus me invito factus, non est meus actus"- An act done by me against my will
is not my act.
d) Crimes mala in se and crimes mala prohibita. The first set of crimes refer to those that are
naturally criminal on moral grounds while the second set of crimes pertain to those acts that have
been criminalized for regulatory purposes. Murder is an example of a mala in se while the Illegal
Possession of Firearms and Ammunition is an example of mala prohibita.
Act or commission - pertains to crimes which involve the performance of an unlawful act.
Omission - is the failure of an individual to perform an act which should be lawfully done.
2. Criminal - one who has committed an offense punishable by law, implying crime or heinous wickedness.
- It refers to one that has been or legally convicted of crime.
- Is a person charged with and convicted of a crime, or a person who commits crimes for a living.
In almost every country, the legal requisites before a person can be branded as criminal are:
a. he must have committed a crime
b. he must have been apprehended and investigated by the police
c. by virtue of sufficient physical evidence and testimonies of witnesses, he must have been arrested
d. due to the presence of prima facie evidence, the case was remanded to the court by the
prosecutorial for trial.
e. there was an arraignment
f. there was a trial
g. the offender was found guilty
h. a sentence was rendered by the court
i. the convict was confided in prison
j. the convict has fully served his sentenced
What are the different nomenclatures given to the person who is being processed under the
Criminal Justice System?
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during the
Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the
judgment has been rendered, he is referred to as the CONVICT.
5. It is only upon undergoing all the process when the person has served the sentence when he can really
be considered as a CRIMINAL.
Criminal being the vital link of the process
The principal character in the CJS process, which links the components together, is the offender or the
“criminal”. The criminal has been regarded as the most “pampered” element of the criminal justice system
due to the notions that he has more legal and constitutional rights than the victim, who has become the
“forgotten” man of the system.(Alma Jose, Notes on criminal justice system in the PHIL, Manila,1992 Ed, p.54).
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Jennifer Fabro-Guitba, RCrim
3. JUSTICE is a social norm providing guidance for the people in their dealings with one another; as a standard
against are evaluated; and as prescription for requirement that people act justly (Bird)
The criminal justice system is intended to deal with crime. It expected to do so by applying the law and
producing results that approximate justice. Indeed, justice is the primary output of the system and the bottom
line of the process.
Justice according to Supreme Court is symbolically represented by a blindfolded woman, holding

with one hand a sword and other a balance.
Several Schools of thoughts about Justice:

a. Positive law Theory – justice is served by adhering to the law.
b. Social Good theory – principles of what is right and must may change as social conditions and need
change and vary from society to society.
c. Natural right Theory – Justice can be summarized by this rule: render to each his right or due.
SUBSTANTIVE JUSTICE is that which is concerned with how best allocate, distribute, and protect the
substantive values of society.
PROCEDURAL JUSTICE is that which is concerned with how the law is administered – in other words, what
mechanisms or processes are used applying the law and making decisions in specific cases.
4. LAW: INSTRUMENT FOR JUSTICE
Law - that method of social control that is formally enacted or promulgated by agency or agencies of the
government duly authorized in that society to make law that is subject to interpretation by and through
the COURTS.
3 Branches of the government
1. Legislative – makes law
2. Executive – implement the laws
3. Judiciary – interpret the laws
Forms of law
a. common law – know in other countries as the body of principles, practices, usages and rules of
action.
b. statutory law – a legislated law; or law made by legislatures.
c. case law – law made by justice in cases decide appellate courts specially by the Supreme Court.
Types of Law
a. Civil Law – is that has something to do with such things as contracts, wills, inheritances, marriage,
property divorce and adoption.
b. Criminal Law – is that branch or division of law which defines crimes, treats of their nature and provides
for their punishment.
What are the sources of Substantive Criminal Law in the Philippines?

The following are the sources of Substantive Criminal Law in the Philippines:
1. The Revised Penal Code
2. Presidential Decrees
3. Special Penal Laws
4. City and Municipal Ordinances
What are the sources of Procedural Criminal Laws in the Philippines?

The following are the primary sources of Criminal Law Procedures in the Philippines:
a) The Bill of Rights of the Philippine Constitution.
b) The Revised Rules of Criminal Procedure; Rules of Court.
c) Other Rules on Criminal Procedures promulgated by the Supreme Court pursuant to its Constitutional
mandate.
What are the two basic principles of criminal law that the Philippines adhere to in the administration
of the Criminal Justice System?
Our system of justice operates on two key principles of criminal law.
✓ The first is "the presumption of innocence". This means that those who are accused of crimes are
considered innocent until proven guilty. This is the fundamental assumption of our legal system that
at least in theory is supposed to exist. Thus, the accused is entitled to all the rights of the citizens
until the accused's guilt has been determined by the court of law or by the accused's
acknowledgment of his guilt that he or she indeed committed the crime.
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✓ The second principle is "the burden of proof” which in criminal cases means that the government must
prove beyond reasonable doubt" that the suspect committed the crime. Because the criminal
prosecutions carry the penalty of imprisonment and even death in some cases, the state through the
prosecution is given a difficult burden. Nevertheless, it is the bedrock of our social — and through it,
our legal system.
Explain the concept of the Principle of Presumption of Innocence. Give the source of this principle.
No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until
proven guilty.
The burden of proof lies in the public prosecutor. It is incumbent upon the prosecutor to prove that the
accused is guilty as charged.
In so doing, the prosecutor must rely on the strength of his/her evidence and not on the weakness of the
accused's evidence.
It follows, therefore, that the accused is entitled to all the rights of an individual citizen until the guilt is
proven. This is the reason why the accused under the constitution is granted the right to bail except under
certain crimes committed.
Explain the concept of Proof Beyond Reasonable Doubt. Give its legal basis.
In the Philippine setting, our criminal proceeding carries the penalty of imprisonment or deprivation of
liberty and on the extreme, the punishment of death.
In order to make sure that only those who are truly guilty of the crime are punished and that no person
who is innocent is imprisoned, our Rules on Evidence provide that the weight of evidence required to convict
an accused for a criminal act must be proof beyond reasonable doubt. Unless his guilt is shown beyond
reasonable doubt, he is entitled to an acquittal.
Define Proof Beyond Reasonable Doubt

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Moral certainty is only required, or that degree of proof which produces conviction in
an unprejudiced mind.
5. SYSTEM – organized way of work, orderly combination or arrangement.
6. What is the Difference between Criminal Justice and Criminology?

a. While Criminology,' explains the etiology, extent, and nature of the crime in society; Criminal Justice
studies the agencies of social control that handles criminal offenders.
b. While Criminologists are concerned with identifying the nature, extent and causes of crime; Criminal
Justice scholars engage in describing, analyzing, and explaining the operations of the agencies of justice,
specifically the police agencies, the prosecution, the courts and the rest of the pillars of the system in
seeking more effective methods of crime control and offender rehabilitation.
7. PHILOSOPHICAL APPROACHES BEHIND THE CRIMINAL JUSTICE SYSTEM

1. The Adversarial Approach
2. The Inquisitorial Approach
Difference Adversarial Approach Inquisitorial Approach

As to the presumption Assumes the accused to be Assumes the accused to be guilty
innocent
As to the burden of proof Places the burden on the public Places the burden to the accused in
prosecutor to prove the guilt of providing his innocence
the accused
As to the emphasis Places emphasis on the process Places emphasis on the conviction
of the accused
8. Principles of Law that must be adhered to in our Criminal Justice System

1. The due process of law; and
2. The equal protection clause.
Due process of Law
Essentially, the concept of due process means that those who are accused of the crimes and those who are
processed through the Criminal Justice System must be given the basic rights guaranteed by the Constitution.
As explained by the Supreme Court, the due process clause is elastic and flexible to meet varied
contingencies. What the law prohibits is not the absence of previous notice but the absolute absence thereof
and the lack of opportunity to be heard.
In essence, due process simply means compliance with the requisite NOTICE and HEARING. The essence
of due process is found in the reasonable opportunity to be heard and submit any evidence one may have in
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support of one’s defense. What the law prohibits is not the absence of previous notice but the absolute absence
thereof and the lack of opportunity to be heard.
Criminal due process is observance of Rules of Criminal Procedure issued by the Supreme Court of the
Philippines and the Bill of Rights embodied under Article III of the Philippine Constitution, and other statutes. The
criminal due process must be observed from the moment an investigation is conducted up to the imposition of
penalty and release and release of the offender.
Equal Protection Clause

The equal protection clause in essence declares that the state may not attempt to create or enforce
statuses against a person solely because of specific characteristics such as race, age, or sex. According to the
Supreme Court, it must be based on some reasonable classification.
Concept of Criminal Due Process

Criminal due process requires that the accused be tried by an impartial and competent court in
accordance with the procedure prescribed by law and with proper observance of all the rights accorded him
under the Constitution and applicable statutes (ex. Denial of preliminary investigation when proper).
Who can invoke his right to criminal due process?

Any person under investigation of the crime may at all times invoke his right to due process.
The Bill of Rights (including the right to due process) is a litany of weapons, which a person may use in
order to resist or defeat any abuse or misuse of governmental power.
The Bill of Rights is foundationally directed against the government.
9. CRIMINAL JUSTICE SYSTEMS MODELS

Two (2) most popular models of Criminal Justice System
1. The Concept of Crime Control Model, and
2. The Concept of Due Process Model
Due Process Model Crime Control Model

As to quality control Emphasizes “reliability” (i.e. society must be Emphasizes “efficiency and
willing to live with the fact that some guilty productivity” (i.e. society must
offenders will be found innocent in order to be willing to accept the fact that
ensure that the innocent persons are not some innocent people might well
unjustly convicted) be incorrectly found guilty, but that
the overall improvement in the
administration of justice and,
supposedly, the protection to
society, would more than
compensate for such mistakes)
As to the primary The primary concern of the due process model The concern of crime control
concern of protection are the protection of individuals, individual model is the collective rights of the
freedom, and general maintenance of liberty. society that must take precedence
over the rights of the individual;
where there is conflict over this
issue, collective public safety
must be the first consideration.
As to the assumption People are considered basically good. Individuals are presumed guilty
of guilt or innocence Individuals are presumed innocent until proven until proven innocent, and the
guilty. concern is with forcing conformity
through an external system.
As to the promotion of ✓ The emphasis is on the treatment and not Promotes punishment rather than
treatment/punishment the punishment of the offender. The concern treatment. Deterrence serves and
is rehabilitating and integrating offenders the philosophic underpinnings of
back into society, and more particularly in the entire model. The justice
assisting law violators to make a deliberate process is quick and generally
conversion to a more responsible lifestyle. informal.
✓ The justice process is deliberate, formalized
thorough, and individualized.
✓ Treatment entails establishment of
community-based alternatives to
incarceration.
B. PHILIPPINE CRIMINAL JUSTICE SYSTEM
1. Criminal Justice System - the totality of all the concerted efforts and activities of all agencies involved in
the prevention, reduction, and control of crime.
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CJS AS A SYSTEM – is the machinery which society uses in the prevention of crime. 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.
CJS AS A PROCESS – the orderly progression of events from the time a person is arrested or taken
out of the community, investigated, prosecuted, sentenced, punished, rehabilitated and eventually
returned to the community.
2. FIVE PILLARS OF PCJS

a. LAW ENFORCEMENT/POLICE – the first pillar of the PCJS initiates the criminal justice system by
investigating the crime and arresting the suspect.
b. Prosecution – 2nd pillar of the PCJS evaluates the evidences gathered by the police to decide if warrants
prosecution.
c. Court – 3rd pillar of the PCJS conducts the trial and imposes penalty if found guilty.
d. Correction – 4th pillar of the PCJS receives the prisoner for carrying out the penalty imposed by the
court for correction and rehabilitation.
e. Community – 5th pillar of the PCJS accepts the re-entry of the offender in the mainstream of society.
The first four components are the so-called formal Criminal Justice System. Outside the formal
organization, however, the community is the basic element or informal pillar and considered the fifth
component or pillar of the entire Criminal Justice System.
3. Primary goals of the Criminal Justice
a. To protect the members of the society.
CJS is the formal instrumentality authorized by the people of the nation to protect both their
collective and individual well-being.
b. The maintenance of peace and order
There is a need for political and institutional stability as a goal of an organized society. Because
crime and disorder disrupt stability in the society, we have given the CJS the authority to act as
society’s representative and to serve as the instrument by which the existing order is maintained.
Sub-goals or Secondary goals
1. The prevention of crime.
2. The suppression of criminal conduct by apprehending offenders for prevention is ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6. The correction by socially approved means of the behavior of those who violate the law.
4. STAGES OF THE CRIMINAL JUSTICE PROCESS
1) ARREST
2) CHARGING
3) ADJUDICATION
4) SENTENCING
5) CORRECTIONS
ARREST STAGE
The CJS begins with the commission of crime. But it is more accurate to say that it begins with the
detection of crime. After the detection of a crime, arrest can be made.
Arrest – is the taking of a person into custody in order that he may bound to answer for the commission
of an offense. (Rules of Court, Rule 113, Sec. 1)
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CHARGING STAGE
COMPLAINT – is a sworn statement charging a person with an offense, subscribed by the offended, any
peace officer or other public officer charged with the enforcement of law violated. (RoC, Rule 110, Sec. 3)
INFORMATION – is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and filed with the court. (RoC, Rule 110, Sec. 3)
ADJUDICATION STAGE
The input triggering this stage is the adjudication of the case before the court. In this stage the
arraignment, pre-trial, trial, and finally judgment. This will be discussed on the COURT topic.
Defense against criminal charges – Assuming that the basic tests of criminal responsibility are met and
that an accused is ruled competent to stand trial-the law makers available to the accused several types of
defenses.
The following are the some of the defenses the accused may might put up:
a) defense of alibi – 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.
b) defense of insanity – a claim that the defendant should be exonerated from criminal because she
or he was suffering from a mental condition or mental incapacitation.
c) 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.
Instigation is an absolutory cause. Absolutory means the offender is relieved from liability. The
actors are granted freedom from charge or immunity from burden for reasons of public policy
and sentiment even of their acts constitute a crime.
d) defense of duress- 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.
(People vs. Borja) 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.
(People vs. Loreno) a person who acts under the compulsion of an irresistible force, like on who
acts under the impulse of uncontrollable fear of equal or greater injury, is not criminally liable
because he does not act with freedom.
Not all acts constitute crimes. A person who is defending himself, family or property cannot
be held criminally liable. Article 11 of the Revised Penal provides for justifying circumstances
whereby the person is said to be acting in accordance with law such as self-defense
e) defense of consent – the defense that the victim consented to the act for which the accused
stands charged.
f) The defense of Violation of the provisions of the Bill of Rights – is invoked if the state its agent
violated the right of the defendant in obtaining evidence to prove the latter’s guilt.
SENTENCING STAGE
A conviction becomes the input of the fourth stage; sentencing. In sentencing, the judge will consider all
circumstances surrounding the case and it is his duty to apply the provision of the law in rendering punishment
or sentence against the accused.
APPEAL
A person convicted by the trial court may appeal his conviction to a superior court if he feels that the
judgment rendered is erroneous. The accused has the right within fifteen (15) days to appeal from the judgment
of conviction.
He can always appeal a judgment of conviction but the state, through the prosecution cannot appeal a
judgment of acquittal (People vs Velasco). The offended party (crime victims) can always appeal, whether from
a judgment of conviction or of acquittal or dismissal but in respect only to the civil liability (Martinez vs Court of
Appeals).
CORRECTION STAGE
This stage involves the convicted person’s serving of the sentenced imposed. It is the stage where the
offender will be reformed and rehabilitated prior to his reintegration in the community.
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UNIT 2
POLICE (1 PILLAR OF PCJS)
st
Law Enforcement Pillar

Objectives:
1. trace the historical development of policing;
2. discuss the functions of the police in the criminal justice system; and
3. explain the police processes.
A. Police/Law Enforcement – is a branch of the criminal justice system that has the specific responsibility in
maintaining law and order and combating crime within the society. The duties almost invariability assigned
to the police departments in most democratic nations are protection of life and property, preservation of the
peace, prevention of crime, detection and arrest of violators of law, enforcing the law and safeguarding the
rights of individuals. In adding the police control vehicular traffic, prevent and suppress vice and perform a
variety of other functions.
Etymology of the word police
The word police originated from the Greek word politeia meaning government or a city. The Romans
changed the word slightly to politia. The French changed word to police and applied it to person who actually
enforced the law. Thereafter, the English and the Americans borrowed the word intact the French and used it
to describe a law Enforcer.
History of Policing
After so many years of unorganized and barbaric policing system the modern limelight came when a bill
creating the Scotland Yard was passed by the parliament of England. It was sponsored and expanded by Sir
Robert Peel who was made to be the first head of the police organization. He was referred to as Father of Modern
Policing System due to his contributions in the modernization of the police force.
Peel’s Principles:
1. Stable and effective police force should be under government control.
2. Absence of crime is the best proof of efficiency.
3. Fast distribution of news to the people is essential.
4. Proper distribution of personnel according to shift and by hour.
5. The best qualification of peace officers is control of temper.
2) Proper selection and training is the basis of efficiency.
3) Police cannot function properly without wholehearted support of the people.
4) Every police must sell himself to the people.
5) Police officers must go out of their way to help or assist the people.
B. POLICING IN THE PHILIPPINES
Spanish Regime was inherently a part of military system. The locally organized police forces, although
performing civil duties and seemingly created for the sole purpose of maintaining peace, were in fat directly
commanded by the colonial military government.
Police enforcers during the Spanish Regime were:
1) Carabineros de Seguridad Publico (Mounted Police). This was organized in 1712 for the purposes of
carrying out the policies of the Spanish government. They discharge duties of a port, harbor and river
police.
2) 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 officer force was composed of 5% of the abled bodied male
inhabitants of each town or province and each member should serve for at least 3 years.
3) Guardia Civil. This was created by the Royal Decree issued by the Spanish Crown government on
February 12, 1852. It consistent of a body of Filipino policeman organized capitals of the central provinces
of Luzon under the command of Alcalde (Governor).
Japanese Occupation
Kempetai – the Japanese military police held responsible in maintaining peace and order in Manila.
American Occupation
1) Insular Police Force – established on November 30, 1980 during the Filipino-American War upon the
recommendation of the Philippine Commission to the Secretary of war.
2) Another Insular Police Force – created on July 18, 1901 by virtue of Act # 175 entitled “AN ACT
PROVIDING FOR THE ORGANIZATION AND GOVERNMENT OF INSULAR CONSTABULARY”.
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3) Manila Police Department – organized on July 31, 1901 by virtue of Act # 183 of the Philippine
Commission. The first Chief of Police was Captain George Curry.
4) Philippine Constabulary (PC) – established on October 3, 1901 by virtue of Act # 225. Captain Henry T.
Allen was the 1st Chief of the Philippine Constabulary.
5) Revised Administrative Code of 1917 – Section 825 stated that the Philippine Constabulary is a national
police institution for preserving the peace, keeping order and enforcing the law.
6) ACT # 181 – created the Bureau of Investigation on November 1938.
7) Republic Act 157 – created the NATIONAL BUREAU OF INVESTIGATION on June 19, 1947.
Post World War II

1) Republic Act 2678 – provided the expansion and reorganization of the NBI. This law established that the
NBI is both an investigative and Research Service Agency.
2) January 1, 1964 – Rules of Court took Effect. A Rule Of court is a procedural law in order to promote the
broad objective of the CJS.
3) Republic Act 4864/ Police Act of 1966- enacted on September 18, 1966. This law created the Office of
the Police Commission (POLCOM) which was later called National Police Commission (NAPOLCOM)
under the office of the President.
4) Presidential Decree 765 (August 8, 1975) – this law enacted the stipulated the office of the NAPOLCOM
under the office of the Ministry of National Defense. It defined the relationship between the Integrated
National Police and the Philippine Constabulary.
5) Republic Act 6975 – the DILG ACT OF 1990 and PNP LAW OF 1991. Approved by then President
Corazon Aquino. This law created the PHILIPPINE NATIONAL POLICE and declared it to be the only
police force of the country with national in scope and civilian in nature. And no element of the police force
of the country shall be military nor shall any position thereof be occupied by any active members of the
AFP.
6) Republic Act 8551 – THE PNP REFORM AND REORGANIZATION ACT OF 1998. Approved by then
Fidel V. Ramos which reorganized the PNP for the purpose of reforming or professionalizing the PNP.
C. THE POLICE: AS FRONT LINERS
The police or law enforcement pillar occupies the frontline of the CJS because they are regarded as the
initiator of the system. They are the first contact of the law violators in the CJS process. It is the police or law
enforcement to investigate, makes arrest and prepares evidence against the suspects needed to prosecute
them.
PHILIPPINE NATIONAL POLICE – is the primary police agency that symbolizes the law enforcement pillar in
the Philippines
D. Other Law Enforcement Agencies task in the enforcement of different laws
1) NBI – National Bureau of Investigation (Pambansang Kawanihan ng Pagsisiyasat) 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.
2) BIR – Bureau of Internal Revenue (Kawanihan ng Rentas Internas) is an attached agency of the
Department of Finance. It is tasked to assess and collect all national internal revenue taxes, fees, and
charges, and to enforce all forfeitures, penalties, and fines connected therewith.
3) LTO – Land Transportation Office (Tanggapan ng Transportasyong-Lupa) is an agency of the

Philippine government under the Department of Transportation. Functions of the Land Transportation
Office include the inspection and registration of motor vehicles, issuance of license and permits,
enforcement of land transportation rules and regulations, adjudication of traffic cases, and the collection
of revenues for the government of the Philippines.
4) BOC – Bureau of Customs (Kawanihan ng Adwana) is an attached agency of the Department of

Finance. It is charged with assessing and collecting customs revenues, curbing illicit trade and all forms
of customs fraud, and facilitating trade through an efficient and effective customs management system.
5) FDA – Food and Drug Administration
6) PCG – Philippine Coast Guard (Tanod Baybayin ng Pilipinas) 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;
7) PNP AVSEGROUP – Philippine National Police Aviation Security Group is responsible in enforcing
laws and regulations related to air travel in the Philippines
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8) MARINA – Maritime Industry Authority is an agency of the Philippine government under the
Department of Transportation responsible for integrating the development, promotion and regulation of
the maritime industry in the Philippines.
9) Forest Management Bureau of the Department of Environment and Natural Resources provides
support for the effective protection, development, occupancy management, and conservation of forest
lands and watersheds. It collaborates with international and local development organizations in several
forestry development programs.
10) BFAR – Bureau of Fisheries and Aquatic Resources (Kawanihan ng mga Pangisdaan at mga
Yamang-Tubig), abbreviated as BFAR), is an agency of the Philippine government under the
Department of Agriculture responsible for the development, improvement, law enforcement,
management and conservation of the Philippines' fisheries and aquatic resources.
11) CAA – Civil Aviation Authority (Pangasiwaan ng Abyasyon Sibil ng Pilipinas) is the national aviation
authority of the Philippines and is responsible for implementing policies on civil aviation to assure safe,
economic and efficient air travel.
12) DENR – Department of Environment and Natural Resources (Kagawaran ng Kapaligiran at Likas
na Yaman) is responsible for the formulation and implementation of policies, guidelines, and rules related
to environmental management, as well as the management and conservation of the country's natural
resources.
13) DFA – Department of Foreign Affairs (Kagawaran ng Ugnayang Panlabas) is the executive
department of the Philippine government tasked to contribute to the enhancement of national security
and the protection of the territorial integrity and national sovereignty, to participate in the national
endeavor of sustaining development and enhancing the Philippines' competitive edge, to protect the
rights and promote the welfare of Filipinos overseas and to mobilize them as partners in national
development, to project a positive image of the Philippines, and to increase international understanding
of Philippine culture for mutually-beneficial relations with other countries.
14) BID – Bureau of Immigration and Deportation (Kawanihan ng Pandarayuhan) The bureau was given
the sole authority to enforce and administer immigration and foreign nationals’ registration laws including
the admission, registration, exclusion and deportation and repatriation of foreign nationals.
15) PDEA – Philippine Drug Enforcement Agency is the lead agency in the enforcement of drug law.
E. POLICE PROCESSES
Policing is essential process in the entire criminal justice system. The law enforcement agencies are the
considered the initiators in said process which has the functions of:
1. Crime Detection
2. Crime Investigation
3. Apprehension of Suspects
4. Search and Seizure, and
5. The Case Preparation
1) CRIME DETECTION
There are several ways in which crimes come attention of the police:
a) receipt of citizen complaints or call assistance
b) receipts of signals from alarm devices
c) observation by officers on patrol of suspicious behavior, a crime in progress, or the
aftermath of a crime.
d) observation of the planning or execution of crimes by pro-active measures.
✓ Response Time – The time elapses between receipt of the call or alarm and the arrival of responding
officers at the crime scene.
2) CRIME INVESTIGATION
- 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. The first
thing that the investigator should do in conducting investigation is to determine whether a law has
been violated and try to answer the 6 cardinal principals of criminal investigation, 5 W’s and 1 H.
Tools of Investigation
a) Information – which could be gathered or acquired form other persons, witnesses and victims of the
crime.
b) Interrogation – forceful questioning of suspects who are reluctant to give information.
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c) Instrumentation – the application of forensic sciences to obtain physical evidence though crime scene
processing by the investigator or with the aid (SOCO)
Rights of any person under custodial investigation provided by 1987 Constitution:

1) right to be informed of his right to remain silent;
2) right to have a competent and independent counsel preferably of his own choice or to be provided
with one;
3) right against any forms of torture, force, violence, threat, intimidation, or any means which vitiate the
free will;
4) right against being held in secret, solitary, incommunicado or other similar forms of detention; and
5) right to remain silent and the right to counsel cannot be waived except, in writing and in the presence
of counsel.
Any confession obtained in violation of the above rights is declared not admissible in evidence before any
court proceeding. The violators of these rights shall be subject to penal and civil sanction as provided by Republic
Act No. 7438
✓ RA 7438 – an act defining certain rights of person arrested detained or under custodial investigation as
well as the duties of arresting, detaining and investigating officers, and providing penalties for violations.
There are several activities the policeman has to do in the criminal investigation process:
01. Preliminary/Initial/Spot Investigation – is the initial or beginning phase of a systematic inquiry into an
alleged suspect. The primary responsibility of the investigator officer is taking care injured persons, arrest
or pursue suspect, protect the crime scene so that physical evidence will not be destroyed or modified.
02. Follow-up/progress Investigation – is an extension, or continuation of the preliminary investigation. It is
necessary to bring case to a successful conclusion, or to solve unsolved cases.
3) APPREHENSION OF SUSPECTS
An arrest is made by an actual restraint of a person to be arrested, or his by his submission to the
custody of the person making the arrest. No violence or unnecessary force shall be used in making 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)
When making an arrest by virtue of warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so inform him, or when the giving of such information
will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be showed to him as soon as
practicable. (RoC, Rule 113, Sec. 7)
The head of the office to which the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten days after the expiration of the
period, the officer to whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the reasons thereof.
A warrant of arrest, whether issued by a court of competent jurisdiction, may be served anywhere in
the Philippines (RoC, Rule 135, Sec.3). An arrest may be made on any day and at any time of the day or
night (Roc, Rule 113, Sec.6)
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. The person arrested by virtue of warrant
is not subject of the hours of detention under Article 125 of the RPC. Upon presentation of the arrested
person to the court, the judge will issue a commitment order of the person arrested to the jail for his
detention, unless he files counter charges or resort legal remedies.
Commitment order – is a warrant issued by a court bearing its seal and the signature of the judge,
directing a jail to admit an arrested person for the purposes of confinement while awaiting trial.
Arrest without Warrant – An arrest may lawfully be made even without a warrant under certain limited
conditions which approximate the existence of probable cause as would justify the issuance of a warrant
of arrest. The following are the provisions of Sec. 5, Rule 113 of the Rule of Court.
Any peace officer or a private person may, without a warrant, arrest a person:
a. when his presence, the person to be arrested has committed, is actually committing or is
attempting to commit an offense;
b. when an offense has in fact just been committed and he has a personal knowledge of facts
indicating that the person to be arrested has committed a crime.
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c. when the person to be arrested is prisoner or an escapee.

The above provision is often referred to as Citizen’s Arrest because it is the power of a
citizen to arrest a person without warrant of arrest under the said circumstances.
Upon the arrest of the person, search shall be made available and confiscate form him the following:
o dangerous weapons;
o anything which may have been used in the commission of the offense
o anything that constitute proof in the commission of an offense
A person arrested without a warrant shall be immediately brought to the proper police station for
investigation without unnecessary delay. Subject to inquest proceedings within the time prescribed by
Art. 125 of RPC
o 12 hours – for crime punishable by light penalties
o 18 hours – for crimes offense punishable by correctional penalties
o 36 hours – for crimes or offences punishable by afflictive or capital penalties
- The hours of detention will on be counted during government office hours, which do not include
Sundays and Holidays. If the hours of detention had already elapsed and no case had been file
in court, the detained person must be released. Otherwise, the arresting officer shall be held
criminally liable for arbitrary detention under Article 24 of the RPC.
Entrapment – is sanctioned by laws as a legitimate method of apprehending criminals. Its purpose is to

trap and capture lawbreakers in the execution of their criminal plan. In entrapment, the person engaged
in an unlawful activity or the offender is actually doing the crime only that he cannot arrested. (in flagrante
delicto) – caught in the act
Buy-bust operation is a form of entrapment; the accused entrapped is liable. In connection with violation
of RA 9165, police in civilian clothes would buy the prohibited drug and immediately after the sale, would
arrest the seller or pusher for violation of the act.
4) 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 peace officer, commanding him to search for personal property described therein
and brings it before the court. (RoC, Rule 126, Sec.1)
Requisites for issuing Search Warrant

a. based upon probable cause
b. must be in connection with one specific offense
c. must be determined personally by the judge
d. must be after examination under oath or affirmation of the complainant and the witnesses he may
produce.
e. and particularly describing the place to be searched and the things to be seized (1987
Constitution, Art. III, Sec. 2)
Personal Property that can be subject to Seizure

✓ Property subject to the offense
✓ Property stolen or embezzled or fruits of the offense committing and offense (RoC, Rule 126, Sec.3)
Validity of Search Warrant

A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. (RoC,
Rule 126, Sec. 10)
The warrant must direct that it be served in the daytime, unless the affidavit asserts that the
property is on the person or in the place ordered to be searched, in which a case a direction may be
inserted that it be served at any time of the day or night (RoC, Rule 126, Sec.9)
Warrantless Search and Seizure

There are several instances where a search may lawfully be made without a warrant.
✓ Where there is consent or waiver? (People vs Malasugi)
✓ Where search is an incident to a lawful arrest? (Alavaro vs. Dizon)
▪ The “plain view doctrine “exception”.
a) The law enforcement officer must have prior justification for an intrusion (i.e., he is not a
trespasser) or, otherwise, must be in a position from which he can view a particular area;
b) The discovery of the evidence in plain view is inadvertent.
c) it is immediately apparent to the officer that the item he observes may be evidence of a
crime, contraband, or is otherwise subject to seizure. (Pp vs Doria, Pp vs Sarap, Pp vs
Alfonso)
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Checkpoints searches
Stop-and-searches at military police checkpoints has been upheld by our supreme court and
therefore suspicious behavior during routine inspection and questioning at these checkpoints may
provide the probable cause to justify more extensive search. (Pp vs Exala)
Methods of Search
A search warrant is enforceable by forcible methods where resistance is offered the Rules of
Court expressly authorizes the warrant officer, if refused admittance to the place of directed search after
giving notice of his purpose and authority, to break open any outer or inner door or window of a house or
any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully
aiding him when lawfully detain therein. (RoC, Rule 126, Sec. 7)
5) THE CASE OF PREPARATION

This is the process of bringing together in an organized and logical manner all evidence collected
during the investigation of crime and present it to the prosecutor. It is the filing of a criminal complaint in the
prosecution. Now, the investigator must be able to present to the prosecutor and prove before the court the
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 crime.
F. CRIME PREVENTION A POLICE GOAL

CRIME PREVENTION – It is the anticipation, the recognition, and the appraisal of crime risk and the initiation
of action to remove or reduce it. In order for a crime there must be three factors;
a) the desire to commit the crime
b) the ability to commit the crime
c) the opportunity to commit the crime
Crime prevention can foster positive police/community relationship, increase police productivity, give
citizen self-protection, and it helps make police departments proactive instead of being reactive.
REACTIVE RESPONSE – addresses crimes that have already occurred, such as murder, robbery, and
burglary. In this case, investigators/probers typically respond to a crime, collect evidence and interview
witnesses and identify and arrest a suspected perpetrator.
PROACTIVE RESPONSE – this anticipates criminal activity. The investigators/probers are conducting
investigation before the crime is committed, they will formulate plans wherein to anticipate a crime be
happened.
There are three areas of actions in Crime Prevention according to Brantingham and Fraust 1976:
1. Primary Prevention can be done in any context or location, whether a residence, workplace, school,
neighborhood, community or society. Primary prevention involves altering the environment in such a way
that the root causes, or at least the facilitators, of crime are eliminated.
2. Secondary prevention involves a focus upon specific problems, places, and times with the twin goals of
reducing, situation-specific opportunities for crime and increasing the risks for committing crime.
3. Tertiary prevention refers to the procedures to be taken after a problem or threat has manifested. Such
procedures typically serve a deterrence or minimization of harm purpose, and are almost always
characterized by being reactive, or after the fact.
Policeman – an agent of person in authority endowed by law to enforce the law.

Kinds of Policemen
1. Traditional Policeman – a policeman walking in uniform performing patrol work, walking constantly
and alertly, observing persons and things to accomplish crime prevention mission.
2. Contemporary Policeman – the materialistic, arrogant, college educated agent of person in
authority whose insights of public service id for the public to serve him at his source of his income.
Police Discretion
It is the wise use of one’s judgment in a police situation requiring immediate and decisive action.
It is an authority conferred by law to act in a certain conditions or situations in accordance with an officer
or an official agency’s own considered judgment or conscience.
DAMMED IF THEY SHOOT, DEAD IF THEY DON’T

IF THEY SHOOT, THEY ARE DAMMED BY THE PUBLIC FOR POLICE BRUTALITY AND CHARGED FOR
VIOLATION OF HUMAN RIGHTS. BUT IF THEY HESITATE, EVEN FOR A SINGLE SECON,
THEY ARE DEAD.
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UNIT 3
PROSECUTION (2ND PILLAR OF PCJS)
Objectives:
1. explain the role of prosecutor conducting preliminary investigation;
2. analyze the duty of investigating prosecutor; and
3. describe the steps of prosecuting a criminal.
A. PROSECUTION AND THE PROSECUTOR
PROSECUTION refers to the agency responsible in presenting the government’s position in criminal
cases and evaluating evidences presented by the law enforcement. It is the legal process by which an
accusation is brought to the court for proper adjudication/arbitration.
THE PROSECUTOR
Within the Philippine legal context, the prosecutor formerly known as FISCAL occupies a unique
position in the PCJS, serving as the lawyer of the state/government in criminal cases.
The prosecutor is automatically considered an officer of the court and a member of the
Department of Justice (DOJ) under the executive branch of the government; and thus, independent from
neither judiciary nor court pillar.
A prosecutor is a public officer having an authority to conduct legal actions concerning the
complaint filed at his office and perform other prosecution functions as provided by law.
The prosecutor evaluates and screens the document forwarded by the police in order to decide
whether to accept or reject the case for prosecution.
PUBLIC PROSECUTOR(“fiscal”)
- Government lawyer representing the People of the Philippines who formally commences and
carries out criminal lawsuit against a person(s) accused of crimes of offenses.
PUBLIC ATTORNEY
- Government lawyer appointed either the Public Attorney’s Office by the court to either defend an
accused person(s) or a defendant in a civil case who cannot afford lawyer.
DUAL FUNCTION/DUTY OF A PROSECUTOR
1) Represent the government’s position in a criminal case during court proceedings from the time of
the suspect’s arrest until the adjudication of his case.
2) To supervise all criminal cases under investigation by the local police force as well as non-
prosecution police-oriented activities.
PROSECUTION AGENCIES
1. National Prosecution Service
2. Office of the Solicitor General (state prosecutor)
3. Office of the Ombudsman
4. Office of the Regional Prosecutor
5. office of the Provincial, City or Municipal Prosecutor
6. Public Attorney’s Office
GENERAL FUNCTIONS OF THE PROSECUTION AGENCIES
1) Evaluate the police findings are referred to them, or other complaints filed directly with them by
individual persons.
2) File corresponding criminal complaints or information in the proper courts on the basis of their
evaluation on the proofs at hand
3) Prosecute all alleged offenders in court, in the name of the People of the Philippines.
PROSECUTE
- Latin “prosecutes”, pp of prosequi (pro – before + sequi – follow)
- To commence and carry on a criminal action in or lawsuit in the name of the People of the Philippines.
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Criminal Action
✓ All criminal actions are initiated by complaint or information in the name of the People of the
Philippines against all persons who appear to be responsible for the offense. They are prosecuted
under the direction and control of a prosecutor and instituted and tried in the court of municipality or
territory where the offense was committed.
✓ When the criminal actions are brought to the Court or the Supreme Court, it is the Solicitor General
who represents of the People of the Philippines.
✓ When a criminal action is instituted, the civil action for the recovery of civil liability is implicitly included,
unless the offended party waives the civil action or reserves his right to institute it separately, or
institutes the civil action prior to the criminal action. In other words, a person who is criminally liable.
✓ A lawsuit instituted and prosecuted for the punishment of a crime in the name of the “People of the
Philippines”.
B. PROSECUTION PROCESS
1. Filing of Complaint/Information
• Complaint – is legally defined as a sworn written statement charging a person of an offense subscribed
by the offended party, peace officer or any public officer charge with the enforcement of the law violated.
• Information – An accusation in writing charging a person of an offense subscribed by the prosecutor

and filed with the court. It is only the prosecutor authorized to file the information document to the court
SUFFICIENCY OF COMPLAINT OR INFORMATION
a. Name of the accused

b. Designation of the offense- the acts or omissions constituting the offense
c. Cause of the accusation
d. Place of commission of the offense
e. Name of commission of the offense
f. Name of the offended party
SAMPLE FORM OF INFORMATION

INFORMATION
The undersigned, _____________, accuses _____________ of the crime of RAPE, committed

as follows, to wit:
That on or about _____________, at about _________ (a.m./p.m.), in the City/Municipality of
_____________, Province of _____________ and within the jurisdiction of this Honorable Court, the said
accused entered the house of _____________ who was then and there alone, and did there and then,
willfully, unlawfully, and feloniously, had carnal knowledge of the said _____________ against her will
and by means of force, violence, intimidation and threats.
Contrary to law. _____________, Philippines, __Date__.
PROSECUTOR
Witnesses:
___________________
___________________
(Certification of Preliminary Investigation)
• COMPLAINANT – offended party who has recourse to the court
• ACCUSED or RESPONDENT – person(s) charged with a criminal offense.
Duplicity of the Offense

A complaint or information must charge only one offense, except when the law prescribes a single
punishment for various offenses.
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Amendment or Substitution
A complaint or information may be amended, in form or in substance, without leave of court, at any
time before the accused enters his plea. After plea and during the trial, a formal amendment may be
made with leave of court and when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea which downgrades the nature of the offense charged in or
excludes any accused from the complaint or information, can be made only upon motion by the
prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in
resolving the motion and copies of its order shall be furnished all parties, especially the offended party.
2. PRELIMINARY INVESTIGATION
• Preliminary Investigation is an inquiry or proceeding for the purpose of determining whether there is a
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.
• Probable Cause – It exist when the evidence submitted to the inquest officer engenders a well-founded
belief that a crime has been committed and that the arrested or detained person is probably guilty thereof.
• A preliminary investigation is required to be conducted before filing of complaint or information for an

offense where the penalty prescribed by law is at least 4 years, 2 months, and 1 day without regard to
the fine.
PROCEDURE IN CONDUCTIING PRELIMINARY INVESTIGATION
a) The complaint shall state the address of the respondent and shall be accompanied by affidavits of
the complainant and his witnesses as well as other supporting documents to establish probable
cause.
b) within 10 days after the filing of the complaint, the investigating officer shall either dismiss it if finds
no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a
copy of the complainant and its supporting affidavits and documents.
c) Within 10 days from the receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent shall submit his counter-affidavit and that of his witness and other
supporting documents relied upon for his defense.
d) If the respondent cannot be subpoenaed or if subpoenaed does not submit counter-affidavits within
the ten days period, the investigating officer shall resolve the complaint based on the evidence
presented by the complainant.
e) The investigating officer may set a hearing if there are facts and issues to be clarified from a party or
a witness held within 10 days from submission of the counter affidavits and other documents.
f) Within 10 days after the investigation, the investigating officer shall determine whether or not there is
sufficient ground to hold the respondents for trial.
g) If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolution and information that the accused was informed of the complaint and of the evidence
submitted against him.
h) Within 5 days from his resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor. They shall act on the resolution within 10 days from their receipt
thereof and shall immediately inform the parties of such action.
i) No complaint or information may be filed or dismissed by an investigating prosecutor without the prior
written authority or approval of the provincial or city prosecutor or chief state prosecutor.
j) The judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He
may immediately dismiss the case if the evidence on record clearly fails to establish probable cause.
If finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused has
already been arrested. And if the judge is satisfied that there is necessity for placing the accused
under custody, he may issue summons instead of a warrant of arrest.
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Objectives of Preliminary Investigation
1. To protect the innocent against hasty, malicious and oppressive prosecution

2. To protect the innocent from an open and public accusation of a crime and from the trouble, expense and
anxiety of a public trial.
3. To protect the state from having to conduct useless and expensive trials.
• Nolle (Nolle Prosequi) – is a request made by the prosecutor to the judge for approval to terminate
further criminal prosecution against a suspect.
• Inquest – An informal and summary investigation conducted by a public prosecutor in criminal cases
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 said person should remain under custody and correspondingly
be charge in court.
3. Appeal on the Prosecutor
Appeal
A respondent against whom the investigating prosecutor issued an adverse resolution is not
without remedy. Even though the prosecutor filed charges in court, a petition for review of the prosecutor’s
finding can still be made.
Rule when Recommendation for Dismissal is Disapproved

When the investigating prosecutor, recommends the dismissal of the complaint but his
recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause exist, the latter, may by himself, file the
information against the respondent, or direct another assistant prosecutor or state prosecutor to do so
without conducting another preliminary investigation. (Sec 4, Rule 112, ROC)
Motion for Reconsideration

The aggrieved party under current practice is not precluded from filing a motion for reconsideration
before the Office of the Prosecutor within 15 days from receipt of the assailed resolution. If the motion is
denied, the aggrieved party may appeal within 15 days from the denial of the motion of reconsideration.
Appeals to the Secretary of Justice; Filing a Petition for Review

In cases of preliminary investigation or reinvestigation, an appeal may be brought to the Secretary
of Justice from the resolutions of the Chief State Prosecutor, Regional State Prosecutor, and
Provincial/City Prosecutor. The Secretary of Justice has the ultimate authority to decide which of the
conflicting theories of the complainants and the respondents should be believed.
The appeal shall be taken within 15 days from the receipt of the assailed resolution.
The Secretary of Justice may reverse, affirm, or modify the appealed resolution; he may also
dismiss the petition for review motu propio on any of the following grounds:
1. that the petition for reviews was filed beyond the period prescribed;
2. that the prescribed procedure and requirements provided in Department Circular no. 70 were not
complied with;
3. that the is no showing of any reversible error;
4. that the appealed resolution is interlocutory in nature, except when it suspends the proceedings
based on the alleged existence of a prejudicial question.
5. that the offense has already prescribed;
6. that there are other legal and factual grounds that exist to warrant dismissal.
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UNIT 4
COURT (3 Pillar of the PCJS)
rd
Objectives:
1. define court and explain its concept in relation to the administration of the Criminal Justice System;
2. identify the regular and special courts in the Philippines; and
3. illustrate the Philippine court composition and state their respective powers.
A. COURT and Its CONCEPTS
The COURT is situated between the prosecution and correction. It is the centerpiece of the PCJS
and as such it is a body in the government to which the public administration of justice is delegated and the
final of justice.
Jurisdiction – the power to try and decide, or hear and determine, a case. To try and decide means to
receive evidence from parties.
In order for a court to have authority to have a particular case, it must have jurisdiction of the following:
a) the subject matter
b) the person of the accused
c) the territory where the offense committed
The Jurisdiction of Court may be classified in many parts, it may be:

a) general – all disputes which may come before it, except those assigned to another courts.
b) limited – only a specified case
c) original – carry and decide a case presented for the first time.
d) appellate – a case already heard and decide by the lower court.
e) exclusive – a case which cannot be presented before any court.
f) concurrent – two or more courts may take cognizance of a case.
g) criminal – exist for the punishment of a crime.
h) civil – exist when the subject matter is not a criminal offense.
THE ELEMENTS OF JURISDICTION IN CRIMINAL CASES ARE:

a) territorial jurisdiction –geographical area over which it presides, the fact that the crime was committed, or
any of its essential ingredients took place, within said area.
b) jurisdiction over the subject matter – allegations of the complaint or information in accordance with the
law enforce at the time of the institution of the action not at the time of the commission of the offense.
Venue – is the site or location where the case is to be tried on the merits.
Administration of Justice – refers to the determination of the facts of the case based on submitted
evidence and the application of laws to such facts as presented by evidence to settle and decide a case.
Judicial Power – the power to apply the laws to contest or disputes concerning legally recognized rights
or duties between the state and private persons.
B. THE ROLES OF COURT IN THE SYSTEM

1. To settle actual controversies involving rights which are legally demandable and enforceable.
2. To determine whether there has been a grave abuse of discretion amounting to lack of excess of
jurisdiction on the part of any branch or instrumentality of the government.
3. To render authoritative judgment.
4. The final arbiter for justice
5. The frontline of democracy, freedom and human dignity.
6. The only institution capable of identifying and maintaining the proper balance between the conflicting
rights of the individual and those of the state and society.
7. It is the court that every turn for justice.
8. It is responsible for applying the criminal law against the offender who commits crime.
9. It is in the court that citizens primarily fell the keen cutting edge of the law.
10. It is twisted as a shield of innocence in the impartial guardian of every private civil rights.
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C. COURT ROOM WORK GROUP

1. Court Administrators – usually appointed by a state court of last resort to act as a statewide court
administrator.
2. Court Clerks – responsible in maintaining the court’s records, preparing daily calendars, calling cases
before the judge, controlling evidence in court, and collecting fine and court cost.
3. Bailiffs – perform a variety of duties including maintaining order in the court announcing judge entry into
the courtroom, calling witness, controlling defendants and supervising juries.
4. Court reporters – sometimes referred to as court stenographs, these people report everything said in the
court.
D. THE COURTS IN THE PHILIPPINES

Under Article VIII of the Philippines Constitution provides that the judicial power shall be vested in
one SUPREME COURT and in such INFERIOR COURTS established by law.
Under Section II of the JUDICIARY REORGANIZATION ACT OF 1980 KNOWN AS THE BATAS
PAMBANSA BLG. 129 exist the following courts in the Philippines:
REGULAR COURTS:
CONSTITUTION STATUTORY COURT/INFERIOR COURTS
✓ COURT OF APPEALS – the intermediate appellate court

✓ REGIONAL TRIAL COURT – the Court of First Instance, Circuit Criminal Courts,
SUPREME COURT Juvenile and Domestic Relation courts and Court of Agrarian relations
✓ METROPOLITAN TRIAL COURTS – city and municipal courts in Metropolitan
Area
✓ MUNICIAPL TRIAL COURT – city/municipal court which do not form of a
metropolitan area.
CASE VENUE
SUPREME COURT Appellate court of Court of APPEALS NATIONAL
COURT OF APPEALS Appellate court of RTC NATIONAL
REGIONAL TRIAL COURT Appellate of MTC, MCTC, MeTC Region
Penalty above 6 years imprisonment
MUNIPAL TRIAL COURT/ MUNICIPAL CIRCUIT Violation of city/municipal ordinances Municipality,
TRIAL COURT/METROPOLITAN TRIAL COURT Cases, the penalty of below 6 years City
/METROPOLITAN CIRCUIT TRIAL COURT imprisonment
MUNIPAL TRIAL COURT/ MUNICIPAL CIRCUIT TRIAL COURT/METROPOLITAN TRIAL COURT

/METROPOLITAN CIRCUIT TRIAL COURT
Jurisdiction:
a) over all violations of city or municipal ordinances committed within their respective territorial jurisdiction.
b) over all offenses punishable with imprisonment not exceeding 6 years irrespective of the amount
regardless of other imposable penalty.
c) territorial jurisdiction over city, municipality where the judge thereof is appointed or designated.
REGIONAL TRIAL COURT

Jurisdiction:
a) appellate jurisdiction over all cases decided by MTC, MCTC, MeTC in their respective territorial
jurisdiction.
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COURT OF APPEALS – THE APPELLATE COURT

Composition:
✓ 1 presiding Appellate Justice &
✓ 49 Associate Appellate Justices appointed by the President
Jurisdiction:
a) appellate jurisdiction over all cases decides by MTC, Metc, and RTC.
the party bringing the case to the CA is called APPELLANT and the adverse party is called
APPELLEE.
SUPREME COURT – the highest court in the Philippines.

Composition:
✓ 1 Chief of Justice
✓ 14 Associate Justices appointed by the President
POWER AND FUNCTIONS OF THE SUPREME COURT

1. Exercise original jurisdiction over cases affecting ambassadors, other ministers and consuls, and over
petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.
Certiorari An extraordinary writ annulling or modifying the proceedings if a tribunal, board or officer
exercising judicial or quasi-judicial functions when such tribunal, board or officer has acted without or in
excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, there being no appeal or any other plain speedy and adequate remedy in the ordinary course
of law. (Sec. 1, Rule 65, ROC).
Prohibition An extraordinary writ annulling or modifying the proceedings if a tribunal, board or
officer exercising judicial or quasi-judicial functions or ministerial functions, to desist from further
proceedings when said proceedings are without excess of its jurisdiction, or with abuse of its discretion,
there being no appeal or any other plain, speedy and adequate remedy on the ordinary course of law.
(Sec. 2, Rule 65, ROC)
Mandamus An extraordinary writ commanding a tribunal, corporation, board or person, to do an
act required to be done: (a) when he unlawfully neglects the performance of an act which the law
specifically enjoins as a duty, and there is no other plain, speedy and adequate remedy in the ordinary
course of law; or (b) when one unlawfully excludes another form the use and enjoyment of a right or office
to which the other is entitled. (Sec. 3, Rule 65, ROC)
Quo Warranto An action for the usurpation of a public office, position or franchise against a person
who usurps, intrudes into, or unlawfully holds or exercises a public office, position or franchise; a public
officer who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of
his office; or an association which acts as a corporation within the Philippines without being legally
incorporated or without lawful authority so to act. (Sec. 1, Rule 66, ROC)
2. Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or Rules of court may provide,
final judgment and orders of the Lower Courts.
E. JUDGE – is a public officer in his position and appointed to preside over and to administer the law in a court
of justice.
DIFFERENCE BETWEEN COURT AND JUDGE

COURT JUDGE
Incorporeal entity Single entity
Composed of one or more judges Indispensable part of the court
Cannot exist without a judge Can exist without a court
F. SPECIAL COURTS:
a) Court of Tax Appeals – R.A. NO. 1125 as amended, this special court has exclusive appellate
jurisdiction to review on appeal the decisions of the Commission of Internal Revenue involving internal
revenue taxes and decisions of the Commissioner of Customs involving customs duties.
b) Sandiganbayan (People’s Advocate) PD NO. 1606, its rank is equivalent to Court of Tax Appeals,
consist of 14 associate justices and 1 presiding justice. They have the power to trial public officers and
employees with their respective duties have violated a crime.
c) Ombudsman of the Philippines (TANODBAYAN)

- responsible for investigating and prosecuting Philippine government officials accused of crimes.
- independently monitors all three branches of the government.
- receives complaints from citizens and organization of the country.
- prosecutes officials accused of graft and corruption.
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d) Court Martial – military court
e) Juvenile Court – courts having special jurisdiction of a paternal nature over delinquent and neglected
children.
f) Ecclesiastical Court – are those tribunals administering and interpreting church laws and their decisions
rebinding upon civil courts.
G. QUASI-JUDICIAL AGENCIES
a) Court Martial
b) National Labor Relations Commission (NLRC)
c) Employees Compensation Commission (ECC)
d) Board of Transportation
H. BARANGAY COURTS
Presidential Decree no. 1508, dated June 11, 1978, creates in each barangay a body to be known as
Lupong Tagapayapa which shall constitute a system of amicably settling disputes at barangay level, to help
relieve the court’s docket congregation and thereby enhance the quality of justice disposed by the courts.
I. COURT: THE LIGITATION PROCESS
CRIMINAL PROCEDURE
Stage 1: Starting a Criminal Action
Stage 2: Arrest and Bail
Stage 3: Arraignment and Plea
Stage 4: Pre-trial
Stage 5: Trial
Stage 6: Judgment
Stage 7: Appeal
Stage 8: Entry and Execution of Judgment
STAGE 1: STARTING A CRIMINAL ACTION (*police & prosecution topic)
STAGE 2: ARREST AND BAIL
❖ Detention (Preventive Imprisonment) – the act of restraining one’s liberty.

❖ Detention maybe applied to:
a) Accused person who cannot post bail while their case is under investigation/trial
b) Accused person who are waiting for court decision of their case.
c) Minors and insane people who need police custody for security or protection purposes.
❖ FILING OF BAIL
▪ BAIL – is the security given for the temporary release of a person in custody of the law furnished
by him or a bondsman, to guarantee his appearance before a court.
▪ A person in custody may apply for bail as a matter of right a) before or after conviction by the
MTC b) before conviction by the RTC of an offense not punishable by reclusion perpetua or life
imprisonment.
▪ CONDITIONS FOR GRANTING BAIL:

1. Offense charged is not punishable by life imprisonment.
2. The accused or the bondsman gives in full the amount of money imposed by the court for his
temporary release.
3. The accused agrees to appear in court whenever required by the court and to submit to all its
processes.
4. The bondsman shall surrender the accused to the court for the execution of the judgment.
▪ KINDS OF BAIL BOND

1. Corporate Surety Bond- bail bond subscribed jointly by the accused and the officer duly
authorized by the Board of Directors of the Corporation on licensed as surety in accordance
with the law.
2. Property Bond- bond constituted as lien on the real property given as security for the amount
of Bail.
3. Cash Bond- cash is deposited in the nearest BIR, or Provincial, City or Municipal Treasurer
the amount of bail fixed by the court or recommended by the prosecutor.
4. Recognizance- an obligation of record entered by the accused or that of a responsible person
before the court in order that the court may release a person in custody of the crime charged.
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▪ Bail is a matter of right except when the accused is charged of a capital offense and the evidence
of guilt is strong.
▪ When a person has been in custody for a period equal to or exceeding the period of maximum
imprisonment to which he may be sentenced, he should be immediately released without
prejudice to the continuation of the trial or the proceeding on appeal.
STAGE 3: ARRAIGNMENT AND PLEA (Rule 116, Rules of Court)
❖ ARRAIGNMENT is a vital stage in criminal proceedings in which the accused are formally informed
of the charges against them. It consists of the reading of the information or criminal complaint in the
court to the accused in open court.
❖ PLEA – declaration of guilty or not guilty by the accused.
❖ Plea Bargaining is the process whereby the accused and the prosecutor of the criminal case work
out mutually satisfactory disposition of the case subject to the court approval. It usually involves the
accused pleading guilty to a lesser offense.
❖ How made?
a) The accused must be arraigned before the court where the complaint or information was filed or
assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing
the accused with a copy of the complaint or information, reading the same in the language or
dialect known to him, and asking him whether he pleads guilty or not guilty.
b) The accused must be present at the arraignment and must personally enter his plea.
c) When the accused refuses to plead or makes conditional plea, a plea of not guilty shall be entered
for him.
d) When then accused pleads guilty but present exculpatory evidence, his plea shall deem
withdrawn and a plea of not guilty shall be entered to him.
e) When the accused is under preventive detention, his case shall be raffled and its records
transmitted to the judge to whom the case was raffled with 30 days from the filing of the information
or complaint. The pre-trial order conference of his case shall be held within 10 days after
arraignment.
f) The private offended party shall be required to appear at the arraignment for the purposes of plea
bargaining. In case of his failure, the court may allow the accused to enter a plea of guilty to a
lesser offense.
g) The arraignment shall be held within 30 days from the date the court acquires jurisdiction over the
person of the accused.
❖ BILL OF PARTICULARS
The accused may, before the arraignment, move for a bill of particulars to enable him properly to
plead and prepare for trial. The motion shall specify the alleged defects of the complaint or information
and details desired.
❖ SUSPENSION OF ARRAIGNMENT
Upon motion by the proper party, the arraignment shall be suspended in the following cases.
1) The accused appears to be suffering from an unsound mental condition which effectively renders
him unable to fully understand the charge against him and to plead intelligently thereto.
2) There exists a prejudicial question.
3) A petition for review of the resolution of the prosecutor is pending at either DOJ or the Office of
the President; provided that the period of suspension shall not exceed 60 days counted from the
filing of the petition for reviewing office.
❖ MOTION TO QUASH (RULE 117, ROC)

Time to move to quash – at any time before entering his plea, the accused may move to quash
the complaint or information.
Grounds:
1) That the facts charged do not constitute an offense
2) That the court trying the case has no jurisdiction over the offense charged
3) The court trying the case has no jurisdiction over the person accused
4) That the officer who filed the information had no authority to do so
5) That it does not conform substantially to the prescribed form
6) In case of double jeopardy
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7) That the criminal action or liability is extinguished

8) That it contains averments, which, if true, would constitute a legal excuse of justification
9) That the accused has been previously convicted or acquitted of the offense charged, or the
otherwise against him was dismissed or otherwise terminated without his express content.
STAGE 4: PRE-TRIAL (rule 118, ROC)
❖ PRE-TRIAL; MANDATORY IN CRIMINAL CASES

The court shall, after arraignment and within thirty 30 days from the date be courts
acquires jurisdiction over the person of the accused, unless shorter period is provided in special laws
or circulars of the Supreme Court, order a pre-trial conference and the judge shall issue a pre-trial
order setting the actions taken during the pre-trial conference upon its termination within ten (10)
days, to consider the following:
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.
f. such matter as well as promote a fair and expeditious trial of the criminal and civil aspects
of the case (Sec. 2 and 3)
STAGE 5: TRIAL (Rule 119 Rules of Court)
❖ TIME TO PREPARE FOR TRIAL

After a plea of not guilty is entered, the accused shall have at least 15 days to prepare for
trial. The trial shall commence within 30 days from the receipt of the pre-trial order. (sec. 6)
❖ ORDER OF TRIAL
a. the prosecution shall present evidence to prove the charge and, in proper case, the civil liability.
b. the accused shall present evidence to prove his defense and damages if any, arising from the
issuances of a provisional remedy in the case.
c. the prosecution and the defense may, in that order present rebuttal and sur-rebuttal evidence.
d. upon admission of the evidence of the parties, the case shall be deemed for decision
❖ ORDER IN THE EXAMINATION OF WITNESSES
1) Direct-examination – the examination-in-chief of a witness by the party presenting him on the

facts relevant to the issue.
2) Cross-examination – upon the termination of the direct examination, the witness may be cross-
examined by the adverse party as to any matter stated in the direct examination, or connected
therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.
3) Re-direct examination – after the cross-examination of the witness has been concluded, he may
be re-examined by the party calling him, to explain or supplement his answer given during the
cross examination. On re0direct examination, questions on matter not dealt with during the cross-
examination, me be allowed by the court on its discretion.
4) Re-cross examination – upon conclusion of the re-direct examination, the adverse party may re-
cross examine the witness on matters stated in his re-direct examination, and also on such other
matters as may be allowed by the court in its discretion.
❖ Judicial Admissions – it is an admission, verbal or written, made by a party in the course of the
proceedings in the same case, which does not require a proof.
❖ Deposition – it is the testimony of witness reduced into writing under oath or affirmed person
empowered to administer oath is answer to interrogatory questions and cross-interrogation submitted
by the party desiring the deposition and the opposite party.
❖ Trial in the absence of the Accused (Trial in Absentia)

The constitutional right of the accused to be personally present and to be heard to defense himself
maybe waived by him. Thus, trial may proceed with the absence of the accused provided that three
conditions concur:
a. he has been arraigned;
b. he has been duly notified of the trial; and
c. his failure to appear is justifiable.
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STAGE 6: JUDGMENT (Rule 120, ROC)
❖ JUDGEMENT
- it 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 by law against an accused. It must be
written in the official language personally and directly prepared by the judge and signed by him
and shall contain and distinctly a statement of the facts and the law upon which it is based.
❖ PROMULGATION OF JUDGEMENT
The judgment is promulgated by reading it in the presence of the accused and any judge of the
court in which it was rendered.
❖ NEW TRIAL OR RECONSIDERATION

At any time before a judgment of conviction becomes final, the court may, on motion of the
accused or at its own instance but with the consent of the accused, grant new trial or reconsideration.
GROUNDS FOR A NEW TRIAL. The court shall grant a new trial on any of the following grounds:
a. That errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial.
b. That new and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produce at the trial.
GROUNDS FOR RECONSIDERATION. The court shall consideration on the ground of errors of law
or fact in the judgment, which requires no further proceedings.
STAGE 7: APPEAL (Rule 122, ROC)
❖ WHO MAY APPEAL?

- Any party may appeal from judgment or final order, unless the accused will be placed in double
jeopardy.
❖ WHAT IS APPEAL?
- It is an elevation by a losing party of any decision order or award made by a lower court to review
errors of judgment made in the said decision order or award.
❖ WHERE TO APPEAL?
- The appeal may be taken as follows:
✓ to the RTC, in cased decided by the MTC, MeTC, MCTC AND MTCC
✓ to the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases
decided by the RTC.
✓ to the Supreme Court, in cases decided by the Court of Appeals.
Courts where cases are

Originally decided: May be appealed to: By filing:
MTC RTC notice of appeal

MCTC RTC notice of appeal
RTC CA notice of appeal
RTC SC Petition for review
❖ WHEN APPEAL IS TO BE TAKEN?

- An appeal must be taken within 15 days from the promulgation of the judgment or from notice of
the final order appealed form.
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UNIT 5
CORRECTION (4th Pillar of PCJS)
The Reformers
Objectives:
1. describe the general functions of the Corrections in relation to the administration of CJS.
A. CORRECTION AND ITS CONCEPTS
❖ CORRECTION – a branch of PCJS concerned with the custody, supervision, and rehabilitation of criminal
offenders.
❖ CORRECTION PROCESS – is the reorientation of the criminal offender to prevent him/her from repeating
his delinquent actions without the necessity of taking punitive action but rather the introduction of
individual measures of reformation.
❖ CORRECTION ADMINISTRATION – it is the study and practice of a systematic management in jails or

prisons and other institution concerned with the custody and treatment and rehabilitation of criminal
offenders.
❖ CORRECTION AS THE WEAKEST PILLAR

Correction is considered as the weakest pillar because of its failure to deter individuals in
committing crime as well as the reformation of inmates. This is evident in the increasing number of
inmates. Hence, the need of prison management is necessary to rehabilitate inmates and transform them
to become law abiding citizens after their release.
❖ PENOLOGY – the study of the punishment of crime and of prison management.
❖ PUNISHMENT
- It is the redress that the state takes against an offending member of the society that usually
involves pain and suffering.
- It is also the penalty imposed to an offender for a crime/wrongdoing.
❖ THE JUSTIFICATION OF PUNISHMENT

a. retribution
b. expiation or atonement
c. deterrence
d. protection
e. reformation
❖ ANCIENT FORM OF PUNISHMENT

1) Death penalty
o Burning, beheading, and hanging
2) Physical torture
o Mutilation, whipping, and other barbaric form of inflicting pain
3) Social degradation
o Putting the offender into shame
4) Banishment or exile
o sending or putting away of an offender which was carried out either by prohibition against
committing into a specified territory.
5) Slavery
❖ EARLY FORMS OF PRISON DISCIPLINE

1. Hard labor
2. Deprivation
3. Monotony – giving the same food that is off diet
4. Uniformity – treating the prisoners alike, the fault of one is the fault of all
5. Mass movement – mass living, mass eating, mass recreation, mass bathing
6. Degradation – uttering insulting words
7. Corporal punishment – infliction of physical pain upon convicted criminal
8. Isolation/solitary confinement – non-communication
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❖ CONTEMPORARY FORMS OF PUNISHMENT
1. Imprisonment – putting the offender to prison for the purpose of protecting the public form criminal
activities and at the same time the rehabilitating the prisoner.
2. Parole – a conditional release of a prisoner after serving part of his/her sentence in prison for the
purpose of gradually re-introducing him to free life under the guidance and supervision of a parole
officer.
3. Probation – a disposition whereby a defendant after conviction of an offense, the penalty of which
does not exceed 6 years imprisonment is released subject to the condition imposed by the court and
the supervision of a probation officer.
4. Fine – an amount given as compensation for a criminal act
5. Destierro – sending or putting away of an offender which was carried out either by prohibition against
coming to a specified territory.
❖ Penalty
- refers to the consequences that follow the transgression of law.
- the judicial punishment for crime or violation of a law
❖ JURIDICAL CONDITIONS OF PENALTY

1. Productive of suffering
2. Commensurate with the offense – different crimes must be punished with different penalties
3. Personal – the guilty one should be the one to punished, no proxy
4. Legal – the consequence must be in accordance with law
5. Equal
6. Certain – no one must escape its effect
7. Correctional – changes the attitude of offenders and become law abiding citizens
❖ Duration of Penalties
1) Death Penalty – Capital Punishment
2) Reclusion Perpetua – life imprisonment, a term of 20-40 yrs. Imprisonment
3) Reclusion Temporal – 12 yrs. And 1 day to 20 yrs. Imprisonment
4) Prision Mayor – 6 yrs. And 1 day to 12 years
5) Prision Correctional – 6 months and 1 day to 6 years
6) Arresto Mayor – 1 month and 1 day to 6 months
7) Arresto Menor – 1 day to 30 days
8) Bond to keep Peace – discretionary on the part of the court.
❖ Imprisonment – refers to the state or condition, restrained or incarcerated in confined room or building.
❖ Concept of Correction
The branch of Criminal Justice System concerned with the custody, supervision and rehabilitation
of criminal offenders. It is the field of criminal justice administration which utilizes the body of knowledge
and practices of the government and the society in general involving the process of handling individuals
who have been convicted of offenses for the purpose of crime prevention and control.
❖ Purposes of Correction
1) Punishment – for every wrongful act committed there is always a law providing for its punishment.
2) Deterrence – set an example to discourage others from committing criminal acts.
3) Isolation – the principle of separating the rotten apples from the good apples to prevent
contamination and accommodate them
4) Rehabilitation – Once the offender’s problems are diagnosed and classified for treatment, the
offender can be corrected by the right psychological or physical therapy, counseling, education
or vocational training.
5) Reintegration – the latest philosophical basis for corrections wherein the offender is reintroduced
into the free community.
• Punishment – The redress that the state takes against an offending member of the society that usually
involves pain and suffering.
• Penalty – It refers to the consequences that follow the transgression of laws. The judicial punishment for
crime or violation of laws.
• Imprisonment – It is the state or condition of being constrained, restrained or incarcerated in room or a
building. It is actually a form of conventional punishment of criminal offenders.
• Prison – It is penitentiary, an institution for the confinement of persons convicted of major/heinous crimes.
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• Prisoner – A person who is under the custody of a lawful authority. A person who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.
B. CORRECTIONAL SYSTEM IN THE PHILIPPINES

1. Department of Interior and Local Government – BJMP
2. Department of Social Welfare and Development – Child Program Bureau
3. Department of Justice- Bureau of Corrections – Parole and Probation Administration, Bureau of
Pardons and Parole
❖ BUREAU OF CORRECTIONS (BuCOR)

Bureau of Prisons was renamed Bureau of Corrections under Executive Order 292 passed during
the Aquino Administration. It states that the head of the Bureau of Corrections is the Director of
Corrections who is appointed by the President of the Philippines with the confirmation of the Commission
of Appointments.
The BuCor has general supervision and control of all national prisons or penitentiaries. It is
charged with the safekeeping of all Insular Prisoners confined therein.
Coverage of the Bureau of Corrections

1) National Bilibid Prison (Muntinlupa, Rizal)
- New Bilibid Prisons (Main Building)
- Camp Sampaguita
- Camp Bukang Liwayway
2) Reception and Diagnostic Center (RDC) Camp Sampaguita
3) Correctional Institution for Women (Mandaluyong)
4) The Penal Colonies
- Sablayan Penal Colony and farm (Occidental Mindoro)
- Iwahig Penal Colony and farm (Palawan)
- Davao Penal Colony and Farm (Central Davao)
- San Ramon Penal Colony and farm (Zamboanga)
- Ilo-Ilo Penal Colony and Farm (Ilo-Ilo Province)
- Leyte Regional Prison (Abuyog, Leyte)
❖ OTHERS
❖ AGENCIES UNDER THIS PILLAR:

1. Bureau of Corrections under DOJ
2. Provincial Jails under the Governors
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3. Municipal/City Jails under the BJMP

4. Probation Administration under the DOJ
5. Board of Pardon and Parole under the DOJ
C. APPROACHES OF PHILIPPINE CORRECTIONAL SYSTEM

✓ Community-based
✓ Institution-based
❖ REHABILITATION SERVICES
❖ TREATMENT PROGRAM
The Philippine Prison System adopted two approaches in treating criminal offenders. These are the
Institutional-Based Treatment Programs and the Community-Based Treatment Programs.
The treatment of inmates shall be focused on the provisions of services designed to encourage them
to return to the fold of justice and enhance self-respect, dignity and sense of responsibility.
1. INSTITUTION-BASED TREATMENT PROGRAMS
✓ Refers to that method of correcting sentenced offenders having them go to prison or places of
confinement.
a. Prison Education
b. Work Programs
c. Religious Services in Prison
d. Recreational Programs
e. Medical and Health Services
f. Counseling and Casework
2. COMMUNITY-BASED TREATMENT PROGRAMS

✓ Are those programs intended to treat criminal offenders within the free community as alternatives
to confinement.
✓ It includes all correctional activities directly addressed to the offender and aimed at
helping him to become a law-abiding citizen.
a. Probation – it is a disposition whereby a defendant, after conviction of an offense, the penalty

of which does not exceed 6 years of imprisonment, is released subject to the conditions
imposed by the releasing court and under the supervision of a probation officer.
b. Parole – is the process of suspending the sentence of a convict after having served the
minimum of his sentence without granting him pardon and prescribing the terms upon which
the sentence shall be suspended.
c. Pardon – an act of grace extended to prisoners as a matter of right, vested to the Chief
Executive (The President) as a matter of power.
c.1 Conditional Pardon – a pardon given with requirements attached.
c.2 Absolute Pardon – a pardon given without any condition attached.
d. Amnesty – a general pardon extended to a group of persons, such as political offenders
purposely to bring about the return of dissidents to their home and to restore peace and order
in the community.
e. Commutation – an act of the president changing/reducing a heavier sentence to a lighter one

or a longer term into a shorter term. It may alter death sentence to life sentence or life
sentence to a term of years. It does not forgive the offender but merely to reduce the penalty
pronounced by the court.
D. PRISON/JAIL/PRISONERS
❖ PRISON
- it is a penitentiary, an institution for the imprisonment of the persons convicted of major/serious crime.
- A building usually with cells or other places established for the purpose of taking safe custody or
confinement of criminals.
- A place of confinement for those who are charged with or convicted of offenses against the laws.
- Under the Department of Justice
❖ Prisoner – a person detained or confined in jail or prison for the commission of a criminal offense or
convicted and serving in a penal institution.
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❖ GENERAL CLASSIFICATION OF PRISONERS
1. Detention Prisoners
- those detained for investigation, preliminary hearing or awaiting trial.
- They are prisoners under the jurisdiction of courts
2. Sentenced prisoners
- offenders who are committed to the jail or prison in order to serve their sentence after final conviction
by a competent court.
- They are prisoners under the jurisdiction of penal institution.
❖ CLASSIFICATION OF SENTENCED PRISONERS

1. National/Insular Prisoners – sentenced of 3 years and 1 day- life imprisonment
2. Provincial Prisoners – imprisonment from 6 months and 1 day to 3 years
3. City Prisoners – imprisonment from 1 day to 3 years
4. Municipal Prisoners – imprisonment from 1 day to 6 months
3. Prisoners who are on safekeeping – includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior.
❖ CLASSIFICATION OF PRISONERS ACCORDING TO THE DEGREE OF SECURITY

1. Super Maximum-Security Prisoners
✓ Prisoners composed of incorrigible, intractable and highly dangerous persons
✓ They wear TANGERINE/ORANGE color uniform
2. Maximum Security Prisoners

✓ Group of prisoners whose escape could be dangerous to the public or to the security of the state.
Their movements are restricted and they are not allowed to work outside the institution but rather
assigned to industrial shops within the prison compound.
✓ They wear TANGERINE/ORANGE color uniform
3. Medium Security Prisoner (Camp Sampaguita)

✓ Those who are not trusted in open conditions and pose lesser danger than maximum security
prisoners. They are allowed to work outside the fence or walls under guards or escorts.
✓ They wear BLUE color uniform.
4. Minimum Security Prisoner (Camp Bukang Liwayway)

✓ Prisoners who can reasonably trusted to serve sentence under “open conditions”
✓ They wear BROWN color uniform.
❖ Jail – A place for locking-up of persons who are convicted of minor offenses imposed upon them by a
competent court, or for confinement of persons who are awaiting trial or investigation of their cases.
❖ Types of Jails
1. Lock-up jails – is a security facility, common to police stations used for temporary confinement of an
individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to serve
sentence less than three years.
3. Workhouse, Jail Farms or Camp – A facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs.
❖ Release – The stage wherein the convict after serving his sentence or period of probation or parole is
finally granted the right of a freeman by restoring his entire constitutional and civil rights taken from him
as a result of the commission of crime.
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UNIT 5
COMMUNITY (5th Pillar of PCJS)
The Base Pillar
Objective:
1. elucidate and illustrate the role of the Community in CJS.
A. Community
The community refers to the civilian populace in cities, municipalities or the public in general. It is also
the duty and responsibility of the society and every member of the society to prevent and control crime.
B. The community has a two-fold role:
1. It has the responsibility to participate in law enforcement activities by being partners of the peace
officers in reporting the crime incident, and helping in the arrest of offenders; and
2. It has the responsibility to participate in the promotion of peace and order through crime prevention
or deterrence and in the rehabilitation on convicts and their reintegration to society.
Rehabilitation takes place when the convict is serving his sentence. A convict may be paroled or may
even be placed on probation.
Under the concept of participatory CJS in the Philippines, public and private agencies as well as citizens,
become part of the CJS when they participate and become involved with issues and activities related to
crime prevention.
Thus, citizen-based crime prevention groups become part of the CJS within the framework of their
involvement in crime prevention activities and in the reintegration of the convict who shall be released
from the corrections into the mainstream of society.
C. Components of Community
❖ Home
The home has well been called the cradle of human personalities for in it the child forms
fundamental attitudes and habits that endure throughout his life. In the intimacy of the family’s
relationships, the child receives basic physical and emotional satisfactions as well as protection,
guidance, and moral instruction, during his most impressionable years. There too. He first learns about
himself and his physical, social, and cultural surroundings and acquires attitudes, habits, character traits,
and a sense of right and wrong that tend to endure throughout his life. Furthermore, so important is the
family in the transmission and preservation of culture that is only the cradle of personality but also the
nursery of all other social institutions. And since it is functionally related to these institutions, it tends to
reflect and augment their organization and disorganization.
1) Parental Discipline – It is commonly thought of as a means of development and maintenance of
good behavior and conduct in accordance with the norms of society. its main objective is to
inculcate good habits, attitudes and values that will make a child a law abiding and useful member
of the community. Discipline at home however is not the responsibility of the parent alone. But
rather the concern of the member of the family.
2) The Ultimate Objective of Parental Discipline – The ultimate objective of parental discipline is
to develop the child’s self-respect, self-control, self-reliance, self-discipline and not merely the
ability and desire to conform to the accepted norms and standards for individual and community
life in normal society. Parental discipline includes but is not limited to the inculcation of
constructing habits, attitudes and values that will make every child a law-abiding and useful
member of the society.
❖ The School
The school is a strategic position to prevent crime and delinquency. This is so because the school
exercises authority over every child who is of school age. It receives him when he is young, observes,
supervises, and teaches him for many hours each week during some of his most impressionable years.
The more education people have, the more they will respect and obey the law, the greater
happiness and prosperity they will experience and the stronger and better their government will become.
However, one should not jump to the conclusion that formal education of itself bears and important
relationship to delinquency.
❖ The Church
It is an acknowledged fact that the important of the church in the prevention and control of crime
is beyond compare. It is the church of any denomination which points out to the faithful their relationship
to God and their fellowmen. And who by work and example leads them to live a moral life.
Men and nations have come to realize that they cannot live without the guiding, sustaining, and
inspiring power of religion. The influence of religion from the web relationships into which it is woven
along with other influence, such as those of the home, the neighborhood, ethnic background, education,
economic status, race, and so on. Religion can create a strong resistance to criminal impulses and
desires.
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❖ The Government
The government is the duly constituted authority that enforces the law of the land and such it is
most powerful institution as far as control of the people is concerned. Respect for the government is
influenced by the respect for the people running the government. When the people see that public officials
and employees are first ones to violate the law and refuse to obey it if they lose respect for the
government. Corrupt officials set bad examples for other to follow and create an atmosphere which is
conducive to crime and disrespect for the law. The pattern of conduct set by government official
influences the conduct of the people in the community. When public official and employees fail to comply
with their duties and or engage in graft and corruption. The effect is they weaken the very foundation of
the government thereby spreading crime and delinquency.
❖ Mass Media and Radio Broadcasting
Mass media and radio broadcasting are considered the best instrument for information
dissemination and the best source of knowledge for the public. It is through the mass media and radio
broadcasting where public opinion are formed and that is where their influence lies. The term mass
media is used there to refer to such impersonal means of communication as newspaper, magazines,
comic book, radio television and motion pictures. Since this media do affect the lives of so many persons
they have been charged with causing crime and delinquency by making crime seem attractive, exciting,
glamorous and profitable, by featuring violence, brutality, and lawlessness, by giving publicity. And
prestige to crooks, gangsters, gamblers, confident men, racketeers, and hoodlums, by denigrating and
ridiculing the parts and law enforcement agencies, and by other such undesirable practices.
❖ Other Community Agencies
Man composes the nation and in order for the nation to continue its existence, its constituents
have to police themselves, set up rules and regulations for themselves, guide and educate the inhabitant
because of the systematic
❖ Barangay
The Barangay Captains peace-keeping responsibilities and to act as auxiliaries of the law. Being
considered persons in authority while the other barangay leaders are deemed agents of persons in
authority. In effect, the barangays through the respective barangay captains and other barangay leaders
are involved in law enforcement tasks and also other aspects of the criminal justice system.
Because of their peace-keeping responsibilities, in the exercise of their limited statutory police
power, it would be necessary that barangay captains, leaders, and members be motivated, organized,
trained, coordinated, supervised and even compensated.
D. Role of the Community in the Reformation and Rehabilitation of Offenders:
Apathy among Filipinos toward prisoners and ex-prisoners as public elements should be overcome and
replaced by the belief that latter are a part of and not part from society. It is essential therefore, that correctional
institutions should enlist the cooperation of the community in order to succeed in their mission of placing the
offender back in the society as a normal social being, correctional programs, no matter how new-developed,
cannot succeed without the support of the community.
The correctional institutions and the community should develop and understanding of the needs of the
offender and the newly released prisoner, and should design techniques to help him again insight into his
difficulties and to develop strength and restraint in order that he may become a law-abiding and useful citizen of
the community. Clearance paper from the officers of the police, mayor, the court, and fiscal should not be made
in employment requisite of an ex-prisoner who wishes to land a job. To inquire him to comply with this
requirement would render unless and meaningless efforts to live a normal life in a free society. the essence of
the social justice, namely the right to live and earn a living is where by with help from a person who had to serve
sentence as a prisoner is deprived of social justice, such a condition forces a person to continuous to live in the
criminal world where he belongs, and this would reform and rehabilitate prisoners. The community should form
an association that would cordially welcome individuals from the prison walls and a praise them of their
importance in society. Accepting the presence of an ex-prisoner in a free community will help him overcome his
psychological hang ups and make him realize that he is a part of and not apart from society. His sense of
responsibility to live a normal life will be developed enabling him to adapt and adjust his way of life in accordance
with the norms of society.
Why should you be concerned about the CJS?
• You should be concerned about the CJS because it affects your life, your work, your activities and, in
general, your pattern of behavior and relationship in the community.
• This is why the community pillar is also the base of the entire CJS as there will never be criminal cases,
in the first place, if the community is healthy and law-abiding.
• But for the few who may have gone astray, they should be reintegrated into the community once they are
released from the penitentiary and should be helped to become law-abiding members of the community.
∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞the end∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞
30 | C L J 1

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LECTURE NOTES IN CLJ 1 – INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

A. CONCEPT OF CRIMINAL JUSTICE SYSTEM (CJS)

Justice according to Supreme Court is symbolically represented by a blindfolded woman, holding

Several Schools of thoughts about Justice:

4. LAW: INSTRUMENT FOR JUSTICE

What are the sources of Substantive Criminal Law in the Philippines?

What are the sources of Procedural Criminal Laws in the Philippines?

Define Proof Beyond Reasonable Doubt

5. SYSTEM – organized way of work, orderly combination or arrangement.

6. What is the Difference between Criminal Justice and Criminology?

7. PHILOSOPHICAL APPROACHES BEHIND THE CRIMINAL JUSTICE SYSTEM

Difference Adversarial Approach Inquisitorial Approach

8. Principles of Law that must be adhered to in our Criminal Justice System

Equal Protection Clause

Concept of Criminal Due Process

Who can invoke his right to criminal due process?

9. CRIMINAL JUSTICE SYSTEMS MODELS

Due Process Model Crime Control Model

B. PHILIPPINE CRIMINAL JUSTICE SYSTEM

2. FIVE PILLARS OF PCJS

INFORMATION – is an accusation in writing charging a person with an offense, subscribed by the

Law Enforcement Pillar

Etymology of the word police

B. POLICING IN THE PHILIPPINES

Post World War II

C. THE POLICE: AS FRONT LINERS

D. Other Law Enforcement Agencies task in the enforcement of different laws

1) NBI – National Bureau of Investigation (Pambansang Kawanihan ng Pagsisiyasat) is an agency of

3) LTO – Land Transportation Office (Tanggapan ng Transportasyong-Lupa) is an agency of the

4) BOC – Bureau of Customs (Kawanihan ng Adwana) is an attached agency of the Department of

5) FDA – Food and Drug Administration

Rights of any person under custodial investigation provided by 1987 Constitution:

c. when the person to be arrested is prisoner or an escapee.

Entrapment – is sanctioned by laws as a legitimate method of apprehending criminals. Its purpose is to

4) SEARCH AND SEIZURE

Requisites for issuing Search Warrant

Personal Property that can be subject to Seizure

Validity of Search Warrant

Warrantless Search and Seizure

5) THE CASE OF PREPARATION

F. CRIME PREVENTION A POLICE GOAL

Policeman – an agent of person in authority endowed by law to enforce the law.

DAMMED IF THEY SHOOT, DEAD IF THEY DON’T

A. PROSECUTION AND THE PROSECUTOR

DUAL FUNCTION/DUTY OF A PROSECUTOR

GENERAL FUNCTIONS OF THE PROSECUTION AGENCIES

• Information – An accusation in writing charging a person of an offense subscribed by the prosecutor

SUFFICIENCY OF COMPLAINT OR INFORMATION

a. Name of the accused

SAMPLE FORM OF INFORMATION

The undersigned, _____________, accuses _____________ of the crime of RAPE, committed

• COMPLAINANT – offended party who has recourse to the court

• ACCUSED or RESPONDENT – person(s) charged with a criminal offense.

Duplicity of the Offense

• A preliminary investigation is required to be conducted before filing of complaint or information for an

PROCEDURE IN CONDUCTIING PRELIMINARY INVESTIGATION

Objectives of Preliminary Investigation

1. To protect the innocent against hasty, malicious and oppressive prosecution

The undersigned, _, accuses _ of the crime of RAPE, committed