Introduction to

Philippine Criminal
Justice System
 COURSE DESCRIPTION
This course deals with the study of formal and
informal components of the Criminal Justice
System of the Philippines. It covers the respective
mandates, processes, and interrelations in the
administration of criminal justice, and the other
forms of justice system.
 COUSE OUTLINE
⮚ Historical Development of Law, relevant terms, basic
principles, nature and characteristic of penal law.
⮚Law Enforcement Component (Functions and Organization is
Created and Mandated by law) e.g. NBI, PDEA, DENR, DA, PNP,
etc.
⮚ Prosecution Component (Public Prosecutors -City or
Provincial Prosecutor, Regional State Prosecutor, National
State Prosecutor, and Ombudsman. Private Prosecutors.) Role
of Public Attorney’s Office and Private Lawyers in CJS, and the
Solicitor General.
 COURSE OUTLINE:
⮚ Court Component – Trial Courts including
Sandiganbayan, and the appellate Courts.
⮚Corrections Component.
⮚ Mobilized Community Component.
⮚ Other forms of Justice System e.g.
Administrative Justice versus Criminal Justice, Restorative
Justice versus Punitive Justice, Military Justice System,
Indigenous people’s justice system
MODULE 1
WHAT IS CRIMINAL JUSTICE SYSTEM

It is defined as the machinery of the state or government which enforces the

rules of conduct necessary to protect life , liberty and property and maintain
peace and order.

It creates the laws governing social behavior, attempt to prevent

violation of the laws, and apprehends, judges, and punishes those
who do violate them.

it consist of the institution, offices, officers and procedures for the

enforcement of public order particularly for dealing with infractions or
violation of laws.
PURPOSE OR GOALS OF CJS

Primary Goals

1. Maintenance of peace and order

2. Protection of member of the society
Secondary Goals
1. Prevention of Crimes
2.The review of legality of prevention and suppressive measures
3.The judicial determination of guilt or innocence of those
apprehended.
4. The proper disposition of those who have been legally found
guilty.
5.The correction by socially approved means of the behavior of
those who violate the criminal law.
6. The suppression of criminal conduct by apprehending offenders
for whom prevention is ineffective.
 Laws Govern the CJS
1. The 1987 Philippine Constitution
a. Legislative (Art. VI) – enactment of laws
(bicameral legislature)
b. Executive (Art. VII) – implementation of laws
c. Judiciary (Art. VIII) – interpretation and
application of laws
2. The Revised Penal Code (Act 3815 as amended)
December 8, 1930 - signed into law
January 1, 1932 – took effect
3. Rules of Court
*Nullum crimen, nulla poena sine lege --
“there’s no crime when there’s no law punishing it”
 Definition of terms
• Criminal= (Legal Point of view) a person who
has been found guilty by final judgment by court of
competent jurisdiction.
• Justice = can be described in two basic principles:
(a) giving what is due to others, and (b) treating
equals equally and unequal equally according to
their inequality.
• System = refers to a process, procedure or scheme
which is to be undertaken in order to achieve certain
ends.
Criminal Justice vs. Criminology

• Criminal justice is the study of various governmental

agencies which are responsible in processing law violators.
(Specifically referring to government agencies in charge in
processing law violators)
• Criminology entire body of knowledge regarding crime as a
social phenomenon. “It includes within its score the
processes of making laws; of breaking laws; and of reacting
towards the breaking laws.”
 Five stages in the Criminal Justice
Process
1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
Models of Criminal Justice
System
Due Process Model
- the person of the accused is presumed innocence
until proven guilty beyond reasonable doubt. It is the
duty of the prosecution to prove that the accused is
guilty. Rights of an individual is co-equal with the
safety of the public.
Crime Control Model
- the accused is presumed guilty and it is his
obligation to prove his innocence. The most
important function of the CJS is the protection of the
public.
CRIMINAL JUSTICE SYSTEM

Law Enforcement Suspect

Prosecution Respondent

Offender Court Accused

Appellant/Petitioner
Correction Convict / Criminal
Pardonee/Parolee/Probationer
Community “Client”
Katarungang Pambarangay
CRIMINAL JUSTICE SYSTEM PROCESS
Law Enforcement

COMMUNITY
C Prosecution
R
I Offender
Court
M
E

Correction
Philosophies behind the CJS
1. ADVERSARIAL APPROACH
• Assumes innocence.
• The prosecutor has the burden of proof.
• The emphasis is given on the proper procedures.
2. INQUISITORIAL APPROACH
• Assumes guilt.
• The accused has the burden of proof.
• The emphasis is on the conviction of the
accused.
Major steps in the processing of a criminal case:
• Report of the crime – Who?
• Pre- arrest investigation
• Arrest
• Booking
• Post-arrest investigation
• Inquest/Preliminary investigation
• Arraignment and Plea
• Pre-trial
• Trial
• Judgment
• Appeal
MODULE 2
The First Pillar Law Enforcement
 FIRST PILLAR: LAW ENFORCEMENT
- the first stage in the criminal justice process pertains
police or law enforcement activities which is carried on
through INVESTIGATION of crimes that are reported
to or discovered by the police or aw enforcers.
- the initiator of the criminal justice cycle. Its actions
and decisions essentially control or dominate the
activities or functions of the other pillars.
- Its primary goal is crime prevention;
criminal apprehension;
order maintenance;
public services;
traffic control and motor vehicle accident investigation
Crime Prevention – the elimination of the
opportunity for the commission of a crime.
Crime Detection – is the discovery of the police
that a crime had been committed. There are
traditional ways that occurrence of crime is made
known to the police:
1. When the victim personally reports the crime
to the police.
2. When a witness personally reports the crime to
the police; and
3. When the police catches an offender while in
the commission of a crime.
 Crime
Any act or omission not allowed by law.
 Crime Formula
Crime = Desire + Opportunity + Capability (DOC)
Desire = wanting of a person to commit the crime.

Opportunity = physical possibility for the crime to be

committed.

Capability = ability of the offender to commit the crime

(Methods, skills, tools etc.)
 Various Law Enforcement Agencies:
• The Philippine National Police (P.N.P.)
• The National Bureau of Investigation (N.B.I.)
• The Philippine Drug Enforcement Agency (PDEA)
• The Bureau of Internal Revenue (BIR)
• The Bureau of Customs
• The Land Transportation Office (LTO)
• Metro Manila Development Authority (MMDA)
• others
 The Philippine National Police
• National in Scope – means that PNP is a nationwide
government organization whose jurisdiction covers the entire
breadth of the Philippine Archipelago.

• Civilian Character – means that the PNP is not a part of the

military, although it retains some military attributes such as
discipline.
 RA 6975
- otherwise known as the Department of the Interior and Local
Government Act of 1990

-enacted on December 13, 1990;

- reorganized the DILG and established the Philippine National Police,

Bureau of Fire Protection, Bureau of Jail Management and
Penology and the Philippine Public Safety College
 RA 8551

- otherwise known as the Philippine National

Police Reform and Reorganization Act of 1998,

- enacted on February 25, 1998

- this law amended certain provisions of RA 6975

R.A. 9708

Amending the provisions of R.A. 6975 and R.A. 8551 on the

minimum educational qualifications for appointment to the PNP
and adjusting the promotion system, August 12, 2009.
PRESCRIPTION OF CRIME which commence to run from the
day on which the crime is discovered by the offended party, the
authorities or their agents (Art 91., RPC).

Nature Prescription
Period
Crimes punishable by death, reclusion 20 years
perpetua or reclusion temporal

Punishable by Afflictive Penalties 15 years

Correctional Penalties 10 years
Arresto mayor 5 years
Crime of Libel or other similar offenses 1 year
Slander by deed or other similar offenses 6 months
Light Offenses 2 month
 Investigation
The purpose of the investigatory stage is to gather
sufficient evidence to identify the suspect and
support a legal arrest. The process of
investigation includes but not limited to:
a.Surveillance and observation of suspects
b.Taking of photographs surreptitiously or otherwise
c. Interview of persons with personal knowledge of
facts
d. Entrapment suspects
e. Search of premises or persons
and seizures of objects, subject
to constitutional and statutory
safeguards
f. Examination of public and
other available records
pertaining to persons involved in
crimes
Criminal Investigation = Art and science of
Identifying, locating and tracing law violators and
providing evidence of their guilt.

Cardinal Rule = 5W & 1H

Three tools = (3 I’s) Information,
Interview/Interrogation, and Instrumentation
 Custodial Investigation

is the questioning of a person

suspected of having committed an
offense, under custody, administered by
an investigator.
Custody

• The moment after an arrest is made

,the detained suspect is considered under
police custody and is now restricted of his
freedom of movement. The police may wish
to search the suspect for weapon or
contraband.
 Arrest
•taking of person into custody so that he
may be bound to answer for the
commission of an offense.
 Charging
•If the arresting officer or his superior believe
that sufficient evidence exists the person is
charge with specific crime for which he had
been arrested.
 REFERRAL
•After the formal investigation has been
completed the police has to refer the
investigation report/complaint to the
prosecutor’s office, including the
evidence (Physical or documentary proof)
and the suspect if he is in custody.
•The police (investigator or arresting
officer) when summon by the court must
appear in court to stand as witness for
the prosecution.
MODES OF ARREST:

1.Arrest by virtue of a warrant;

2.Arrest without a warrant under exceptional

circumstances as may be provided by statute.
WHEN WARRANT OF ARREST MAY
ISSUE?
Within TEN (10) DAYS from the filing of the complaint
or information, 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.

In case of doubt on the existence of probable cause, the judge

may order the prosecutor to present additional evidence within
FIVE (5) DAYS from notice and the issue must be resolved by
the court within THIRTY (30) DAYS from the filing of the
complaint of information.
Duty of arresting officer
1. Arrest the accused
2. Deliver him to the nearest police station or jail without
unnecessary delay.

Execution of warrant -The head of the office to whom

the warrant of arrest was delivered for execution shall
cause the warrant to be executed within Ten (10) days
from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to
execute the warrant, he shall state the reasons therefor.
Time of making arrest
It may be made on any day and at any time of the day or
night.
Method of Arrest by officer by virtue of warrant
When making an arrest by virtue of a 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.

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 shown to him as soon
as practicable.
Who may make/execute/effect arrest?
• Police officer (in both warrantless and
arrest with warrant)

• Private individual (only warrantless arrest

or citizens arrest)

• Members of investigation staff of the NBI

(under RA 157, as amended)
Who may make/execute/effect arrest?

• Bailor (may arrest the accused for the purpose of

surrendering him in court)

• Sheriff or deputy Sheriff (may arrest a witness

who failed to attend and obey subpoena despite
proof of service thereof) (sec. 11, Rule 23)
 Who may make/execute/effect arrest?
• Provincial or City Probation officer (may arrest probationer under
his care; Sec. 24, PD 968) – If absconding

• Commissioner of Land Transportation and his Deputies (are

authorized to make arrest for violation of law insofar as motor
vehicles are concerned; RA 4136, as amended)

• Head of Bureau of Immigration – alien deportation

When is Warrantless Arrest Lawful?

Instances of warrantless arrest

Rule 113, Sec. 5
Warrantless Arrest Rule 113, Sec. 5
When in his presence, the person
to be arrested has committed
an offense, actually committing
an offense, or is attempting to
commit an offense.

(Referred to as the in flagrante delicto rule)

Warrantless Arrest Rule
113, Sec. 5

When an offense has in fact just been

committed, and he has personal knowledge
of facts indicating that the person to be
arrested has committed it.

(Referred to as the “Hot pursuit arrest rule)

Warrantless Arrest Rule 113, Sec. 5

When the person to be arrested is a prisoner

who has escaped from a penal establishment or place
where he is serving final judgment or temporarily
confined while his case is pending, or has escaped
while being transferred from one confinement to
another.

Referred to as escaped felon rule

 Warrantless Search and Seizure
1. Warrantless Search incidental to a lawful arrest (Sec. 13,
Rule 126)
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search (vessels/aircraft for violation of
immigration, customs and drug laws);
6. Stop and Frisk; and
7. Exigent and emergency circumstances.
8. Searches of buildings and premises to enforce, fire, sanitary and
building regulations.
Property subject ofSearch/Seizure
Subject of the offense;
1. Stolen or embezzled and other proceeds or
fruits of the offense; or;
2. Used or intended to be used as the means of
committing an offense.
Some words to remember
Raid = It is a surprise invasion of a building or an area.
It is an attack on small scale or a limited territory.
Entrapment = it refers to the ways and means of
capturing or trapping a law violators.
Buy-bust operation = a form of entrapment
employed by peace officers to catch a malefactor
in flagrante delicto.

Instigation = It is a process by which the

instigator practically induces the would be
defendant into the commission of the offense,
and himself becomes a co-principal.
Re-enactment = is a demonstration by the
accused of how the committed the crime. It is a
part of the custodial investigation therefore,
assistance of a counsel if required.
Police line –up - not considered part of any custodial
investigation and it is conducted before that stage is
reached.
(De la Torre v. C.A.) – 7 persons
Other Law Enforcement
Agencies
National Bureau of Investigation (NBI)

Originally it was called the Division of Investigation

established on November 14, 1936, pursuant to
Commonwealth Act no. 181.

R.A. 157, June 19,1947= reorganized into the

Bureau of Investigation.
Executive Order No. 94, October 4, 1947, renamed
it the National Bureau of Investigation.

“two-pillar rule” in an investigation: Thoroughness

and legality.
 Philippine Drug Enforcement Agency
(PDEA)

• Created by virtue of R.A. 9165, otherwise known as the

Comprehensive Dangerous Drug Act of 2002 which was approved June
7, 2002 and took
effect on July 4, 2002, amending R.A. 6425 (Dangerous Drug Act
of 1972).
• Agency in-charge of enforcing R.A. 9165
• under the Administrative supervision of the Dangerous Drug Board
(DDB)-the policy making body.
 Bureau of Internal Revenue
(BIR)
• Mandated to assess and collect all
national internal
• Revenue taxes, fees and charges and to
enforce all forfeitures, penalties and
fines connected therewith, including the
execution of judgments in all cases
decided in its favor by the Court of Tax
Appeals (CTA) and the ordinary courts .
 Bureau of Customs (BOC)
• Created by virtue of Act no. 355, known
as the Philippine Customs Administrative
Act, February 6, 1902. Later it was
reorganized in October 4, 1987.
• It exercise exclusive jurisdiction over
seizure and forfeiture cases under the
Tariff and Customs laws
•Land Transportation Office (LTO)
•MMDA
 OTHER GOVERNMENT AGENCIES WITH SPECIAL
LAW ENFORCEMENT POWERS

 Philippine Drug Enforcement Agency (PDEA)

 Bureau of Immigration
 Bureau of Customs
 Bureau of Internal Revenue (BIR)
 Bureau of Food and Drugs (BFAD)
 Bureau of Quarantine
 Land Transportation Office (LTO)
 Maritime Industry Authority (MARINA)
 Movie and Television review and
Classification Board (MTRCB)
Optical Media Board (OMB)
Intellectual Property Office (IPO)
Department of the Environment and
Natural resources (DENR)
Bangko Sentral ng Pilipinas (BSP)
Other government agencies clothed
with special law enforcement powers
MODULE 3
Second Pillar:
Prosecution
Prosecution aka Determiner of Probable Cause
Existence of such facts and circumstances
as would excite a belief in a reasonable
mind, acting on the facts within the
knowledge of the prosecutor, that the person
charged is guilty of the crime for which he is
prosecuted
 The prosecution arm of the government is
generally vested in the Department of
Justice (Administrative code of 1987) under
the direction, supervision and control of the
secretary of justice where the interest of the
government is in issue.
Its most important function in the Criminal Justice
System is to maintain and recognize the rule of
law thru the speedy delivery of services
particularly in the prosecution and investigation
of all crimes under the Revised Penal Code,
Presidential Decrees and Other Special Penal
Laws.
 The prosecution service is made up of
the:
1. Chief State Prosecutor;
2 . The Regional Prosecutors;
3 . The Provincial Prosecutors;
4. The City/Municipal Prosecutors; and
5. Such other Prosecutorial offices as may be
established by law.
Other Examples of Prosecution
Agencies
1. Office of the Solicitor General (State
Prosecutor)
2.Office of the Ombudsman
 WHAT IS PROSECUTION ?
-course of action or process whereby
accusations are brought before a court
of justice to determine the innocence
or guilt of the accused.
 The roles of the Prosecution
1.EVALUATE the police findings referred to them, or other
complaints filed directly with them by individual person;
(Includes P.I./INQUEST)

2.FILE corresponding criminal complaints or information

in the proper courts on the basis of their evaluation on
the proofs at hand; and

3.PROSECUTE all alleged offenders in court, in the name

of the people of the Philippines.
WHO IS THE PROSECUTOR?
AKA Fiscal
one whose principal task is to charge violators
of the law with the offenses that they may
have committed, to conduct preliminary
investigation, to file the necessary
information before the court, and to
represent the People of the Philippines
Q: Why is it the duty of the
Prosecutor is said to be to
represent the government not the
offended private individual ina
criminal proceeding?
A: This is based on the principle that acts and
omissions punishable by law when
committed are always against the public
interest and not only against the offended
individual.
This is also the reason why in a criminal
case, the caption is in the name of the
“People of the Philippines vs. a
particular individual(s)”.
 Q: Who shall
prosecute criminal
actions?
 Who Prosecutes Criminal
Actions?
A: All criminal actions must
be prosecuted by a Public
Prosecutor.
 Q: Can a Private
Prosecutor prosecute
criminal actions?
A: Yes. In case the complainant
hired a private lawyer to prosecute the
case, he can be under the strict
supervision of the
government/public prosecutor.
 Prosecution Process
1. Evaluation of complaint
Complaint – is a sworn written statement
charging a person with an offense,
subscribed by the offended party, any peace
officer or other public officer charged of the
enforcement of the law violated.
Q: What could be the
possible actions of the
Prosecutor after evaluating
the complaint?
A: The prosecutor could either DISMISS the
complaint or move for the filing of
information in Court.
2. Conduct of Preliminary Investigation

Preliminary Investigation – it is an inquiry or

proceeding for the purpose of determining
whether there is sufficient ground to engender
a well-founded belief that a crime cognizable
by the RTC has been committed and that the
respondent is probably guilty thereof, and
should be held for trial. (Sec. 1, Rule 112)
 Officers Authorized to Conduct
Preliminary Investigation
• National and Regional State prosecutors;
• Provincial or City Prosecutors and their assistants;
• Chief legal officer of the COMELEC in prosecuting
election offenses;
• The Ombudsman;
• Special prosecutor;
• Prosecutors duly authorized by the ombudsman in
prosecuting offenses cognizable by the
Sandiganbayan.
 Filing of an Information after
finding probable cause
Information - An accusation in writing charging
a person with an offense subscribed by the
prosecutor and filed with the court.
•An affidavit is a statement of facts under oath.
•A subpoena is a process directed to a person
requiring him to attend and to testify at the hearing
or the trial of an action. (sec. 01 rule 23, Rules of
court)
INQUEST PROCEEDING
It is 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 charged in court.
 INQUEST PROCEEDING PRELIMINARY INVESTIGATION

1. Conducted to a subject who has been 1. Conducted to a subject where the

arrested without the benefit of warrant of penalty imposed for the crime
arrest. (Arrested without Warrant of Arrest committed is
Order from a Judge) AT LEAST 4 YEARS 2 MONTHS
AND 1 DAY
2. Informal in nature 2. Formal
3. The purpose is to determine the validity of 3. The purpose is to determine the
arrest and the existence of probable cause for existence of probable cause for the
the filing of criminal information. filing of criminal information.

4. Must be conducted following the provisions 4. It is required to be conducted before the

of Art. 125. (Afflictive penalities = 36 filing of the information for an offense
hrs, Correctional Penalties = 18hrs, and (4,2,1)
Light penalties = 12 hrs.
 Complaint Information
1. Sworn statement 1. Need not be sworn

2. Subscribed by: 2. Subscribed by the

offended party, any prosecutor (fiscal).
peace officer or public
officer in charged of the
enforcement of the law
violated.

3. Filed to the office of 3. Filed with the court

the prosecutor/court.
Sufficiency of complaint or information
A COMPLAINT IS SUFFICIENT IF IT STATES:
1. the name of the accused
2. the designation of the offense by a statute
3. the acts or omission complained of as
constituting the offense
4. the name of the offended party
5. the approximate time of the commission of the
offense
6. the place where the offense was committed.
Q: What could be the possible remedy of the
suspect/offender if it was found out that there
exists probable cause in the offense charged
and an information was filed in court?
 A: Filing of Bail
•Bail – Is the security given for
the temporary release of the
person in custody of the
law.
 Bail may be given in the form of:
• Property bond –personal or real property
serving as lien on the amount of bail to be
paid.
•Cash deposit
•Corporate Surety – a corporation serving
as a surety for the temporary liberty of
the accused person.
•Recognizance – a responsible person
(known probity) who will guarantee with a
court appearance
Recognizance is an obligation of record,
entered into before a court or magistrate duly
authorized to take it, with the condition to do
some particular act, the most usual condition
in criminal cases being the appearance of the
accused for trial.
Q: When is bail a matter of
right?
A: Before or after conviction in the
MTC; and before conviction in RTC. (Sec
4.)
*Bail becomes a matter of discretion upon
conviction by RTC of an offense not
punishable by, death, reclusion perpetua or
life imprisonment.
MODULE 4
The Third Pillar:
Court
 THIRD PILLAR:COURT
The center piece of the Criminal Justice System

•an organ of the government belonging to

the judicial department whose function is the
application of the laws to controversies
brought before it and the public for the
administration of justice.
JUDICIARY
. branch of the government which is vested with
judicial power

•branch ofthe government which is

empowered to interpret, construe and
apply the laws.
JUDICIAL POWER

•power to apply the laws to contests or disputes

concerning legally recognized rights or duties of and
between the state and the private persons or
between individual litigants in cases properly
brought before the judicial tribunals.
 JURISDICTION
- the power and authorityof a court
to hear, try and decide cases.

BP 129
- otherwise known as the Judiciary
Reorganization Act of 1980 .
KINDS OF JURISDICTION:
1)General – when the court is empowered to
decide all disputes which may come before it
except those assigned to other courts. (RTC)

2)Limited – when the court has the authority to

hear and determine only a few specified cases.
(CTA)
3)Original – when the court can try and hear
a case presented for the first time. (MTC/RTC)
4)Appellate – when the court can try a case
already heard and decided by a lower court,
removed from the latter by appeal. (SC/CA/RTC)

5)Exclusive – when the court can try and decide

a case which cannot be presented before any
other court. (SANDIGANBAYAN)

6)Concurrent – when any of two or more courts

may take cognizance of a case.
 THE BASIC COURT SYSTEM IN THE PHILIPPINES
Supreme Court (SC)
4th level
Review
Court
Court of Appeals (CA) 3rd level

Regional Trial Court

(RTC)
2nd level
Trial
Court
Metropolitan TC
MTCC 1st level
MCTC

• In the Philippines the regular courts engage in the

administration of justice is organized into four (4) levels as
depicted above.
A. Court of Appeals (CA)
- Composed of 68 Associate Justice and headed by 1
Presiding Justice.
- It is essentially an appellate court (not a trial court);
second highest tribunal.
- has appellate jurisdiction over cases decided by the
Regional Trial Court ;
- Dec. 30 , 1996 R.A 8246
Reviews decision rendered by the CTA
A. Supreme Court (SC)
- composed of 1 Chief Justice and 14 Associate Justices
- the highest court of the land
- it is the court of last resort, for no appeal lies from its final
judgments and final orders.
- it exercises appellate jurisdiction over cases decided by the
Court of Appeals or the Regional Trial Courts.
-shall have administrative supervision over all courts
- shall have the power to discipline judges of the lower courts
-shall have the power of judicial review
A. COURT OF TAX APPEALS
- created under RA 1125
- composed of a presiding justice and five (5)
judges
- has exclusive appellate jurisdiction to review on
appeal decisions of the Commissioner of the
Bureau of Internal Revenue involving internal
revenue taxes and decisions of the Commissioner of
the Bureau of Customs involving customs duties
B. SANDIGANBAYAN
- created pursuant to PD 1606
- tasked to handle criminal cases involving graft and
corruption and other offenses committed by high-
ranking public officers and employees in connection
with the performance of their functions
- RA 3019 (Anti- Graft and Corrupt Practices);
RA 1379 (Forfeiture of Property unlawfully acquired in
favor of the state; and RA 7080 (Plunder)
-Salary grade 27 and above (C/SUPT.) (87,229.00)
C. SHARIA COURTS
- created pursuant to PD 1083, otherwise known
as the “Code of Muslim Personal Laws of
the Philippines”
-created as part of the judicial system courts of
limited jurisdiction known as the Sharia Courts
- Sharia District Court are presided by District
Judges (5)
-Sharia Circuit Trial Courts are presided by
circuit judges (55)
CRIMINAL JURISDICTION
It is the authority to hear and try a particular
offense and impose the punishment for it .

Requisites :
• Offense is one by which the court is authorized by
law to take cognizance.
• Person Must be brought to its presence
• Territorial Jurisdiction.
 1. Jurisdiction overthe subject matter
– is the power to hear and determine cases of
the general class to which the
proceedings in question belong by virtue of
the imposable penalty or its nature, is one
which the court is by law authorized to take
cognizance of; conferred by law.
2. Jurisdiction over the territory where the
offense was committed – the offense must have
been committed within the territorial jurisdiction of
the court ; jurisdiction over the territory; cannot
be waived

3. Jurisdiction over the person of the accused

– the person charged with the offense must have
been brought to its presence for trial, forcibly by
warrant of arrest or upon his voluntary submission
to the court.
 Venue
•Is defined as the particular country or
geographical area in which a court with
jurisdiction may hear and determine.

• Place , site or territory where the crime is

committed.
ARRAIGNMENT
- consists of reading the information to the
accused and asking him, in open court
whether or not he is guilty of what is alleged
against him.
HOW ARRAIGNMENT IS MADE:
1. in open court where the complaint
or information has been filed or assigned for
trial
2.by the judge or clerk of court
3.by furnishing the accused with a copy of the
complaint or information
4.reading it in a language or dialect known to
the accused
5.asking accused whether he pleads guilty or
not guilty
When Arraignment Should be Held

Accused should be arraigned within 30 days from

the date the court acquires jurisdiction over his
person, unless a shorter period is provided for by
law. The time of the pendency of a motion to quash
or a bill of particulars or other causes justifying
suspension of arraignment shall be excluded in
computing the period.
WHEN A PLEA OF “NOT GUILTY”
SHOULD BE ENTERED:
1.When accused so pleaded
2.When he refuses to plead
3.When he makes a conditional or qualified plea of
guilt (Ex.
Accused pleads guilty but adds “pero hindi ko
sinasadya”)
4.When the plea is indefinite or ambiguous
5.When he pleads guilty but presents exculpatory
evidence (ex. Evidence to prove complete self-defense)
Q: Can an accused send a
another person as substitute
for him to enter his plea?
A: No. The accused must
personally enter his plea even he
is charged with a light offense
only.
Q: Why is it important that a
plea must be entered?
A: To make an issue. Without an issue,
there is nothing to be tried and
nothing on which the judgment and
sentence of a court can be properly
predicated.
B. PRE-TRIAL
- Mandatory requirement in criminal
cases. The goal is to expedite the trial
or disposition of cases.
The court shall after arraignment and
within 30 days from the time the court
acquires jurisdiction over the person
of the accused, unless a shorter period is
provided for by law, order a pre-trial. Its
main objective is to achieve an
expeditious resolution of the case.
 B. PRE-TRIAL (Rule 118 sec. 2A)
1. Stipulation of facts
2. Marking of evidence
3. Waiver of objections to admissibility of
evidence
4. Modification of order of trial (self-
defense)
5. Other matters that will promote a fair and
expeditious trial of the criminal and civil
aspects of the case.
 Plea Bargaining
- the process whereby the accused and the
prosecution work out a satisfactory
disposition of the case subject to court
approval. It usually involves the accused
pleading guilty to a lesser offense or to
only one or some counts of several charges
in return for a lighter penalty.
 C. TRIAL
- the process by which the offended party
represented by the public prosecutor/private
prosecutor presents all their evidence to prove
that the offense charges was committed and the
accused will likewise present his evidence to
prove his innocence.

No case shall exceed 180 days.

 Time to prepare for trial.

— After a plea of not guilty is entered, the

accused shall have at least fifteen (15)
days to prepare for trial. The trial
shall commence within thirty (30) days
from receipt of the pre-trial order. (sec. 6,
cir. 38-98)
Order of trial
1. Prosecution presents evidence to prove the
charge and, in the proper case, the civil liability.
2. The accused presents evidence to prove his
defense and damages, if any.
3.The prosecution, then the defense, may present
rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to
present additional evidence.
4. Upon admission of the evidence by the parties, the
case is deemed submitted for decision.
Due processof law- means the right to be
heard before it condemns
Evidence – is a means, ascertaining in in a
judicial proceeding the truth respecting a matter of
fact.

PROOF - the result or effect of evidence. When

the requisite quantum of evidence of a particular
fact has been duly admitted and given weight, the
result is called the proof of such fact.
 Factum Probandum – ULTIMATE
FACT or the fact sought to be established.

Factum Probans – the immediate or

evidentiary fact or the fact by which the factum
probandum is established.
Example: If P claims to have been injured by
the negligence of D who denies having been negligent.

Factum probandum: The negligence of D and the

causal connection between such negligence, and the
injuries of P taken as a whole

Factum probans: The totality of the evidence to

prove the liability.
 JUDGMENT
It is an adjudicationby the court that the accused is
guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability, if any.
It is a judicial act which settles the issues, fixes the
rights and liabilities of the parties, and determines the
proceeding,and is regarded as the sentence of the
law pronounced by the court on the action or question before it.

Promulgation of judgment
The judgment is promulgated by reading it in the presence of the
accused and any judge of the court in which it was rendered. If the
judge is absent, the judgment may be promulgated by the clerk of
court .
 Judgment
Conviction- When the judge finds the ACCUSED
of the charged against him.
Acquittal- When the judge finds the accused not
guilty of the charges against him.
CONVICTION
It shall include the following:
- The legal qualification of the offense constituted by the acts committed
by the accused and the aggravating or mitigating circumstances which
attended its commission.

-The participation of the accused in the offense, whether as principal,

accomplice or accessory after the fact

-The penalty imposed upon the accused

-The civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party unless the enforcement
of the civil liability by a separate civil action has been reserved or waived.
- - All person criminally liable is also civilly liable.
 ACQUITTAL
- shall state whether the evidence of the
prosecution absolutely failed to prove the guilt of the
accused or merely failed to prove his guilt
beyond reasonable doubt.
 A judgment becomes final:
•When the period for perfecting an appeal has
lapsed
•When the sentence is partially or totally satisfied
or served.
•When the accused expressly waives in writing his
right to appeal
•When the accused applies for probation.
 New Trial or Reconsideration
At any time before judgement 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 .
What are the grounds for new trial ?

• Errors of law and irregularities happened during the

trial

• New and Materialevidencehas been discovered that

could possibly change the judgement.
Ground for reconsideration.

— The court shall grant reconsideration on

the ground of errors of law or fact in the
judgment, which requires no further
proceedings. (3a)
 APPEAL
Who may appeal : Any Party from a judgement ,
as long as the accused will not place to double
jeopardy.
Where to appeal :
1. RTC cases decided from lower court.
2. Court of Appeals or Supreme court in the
proper cases provided by law.
3. Supreme court cases decided from C.A
MODULE 5
The Fourth Pillar:
Corrections
 Correction
- that branch of administration of criminal justice charged with
the responsibility for the custody, supervision, and rehabilitation
of convicted offenders. (CLE Apr 2016)

- Considered the weakest pillar because of its inability to

reform and rehabilitate convicted offenders. (CLE 2010)

Penology = a branch of criminology which deals

with the treatments, management and
administration of inmates.
Theories Justifying Penalty

• Prevention – the state punishes the criminal to

prevent or suppress the danger to the state and
to the public arising from the criminal acts of
the offender.
• Self-Defense – the State punishes the criminal as
a measure of self-defense to protect the society
from the threat and wrong inflicted by the criminal.
•Reformation – the State punishes the criminal to help
him reform or be rehabilitated.
•Exemplarity – the State punishes the criminal to
serve as an example to others and discourage
others from committing crimes.
•Justice – the State punishes the criminal as an act of
retributive justice, a vindication of absolute right and
moral law violated by the criminal.
•Punishment – it is the redress that the state takes
against the offended member of society.
 Judicial Conditions of Penalty
•Judicial and legal – penalty must be imposed by the
proper authority and by virtue of a judgment as
prescribed by law.
•Definite – penalty must be specific and exact.
•Commensurate – penalty must be proportional to
the gravity or seriousness of the crime
committed.

•Personal – penalty must be imposed only to

the person who actually committed the crime
with no substitutes.

•Equal – penalty must be applied to all who

committed the offense.
 Institutional Corrections
The branch of Corrections where we place the offender in
an institution.
P.D. 29- is the law that classified prisoners.
Philippine Prison System
–patterned after the System US Federal Prison System

E.O 292 or the “Prison law”

- basic law in the Philippines Prison System found in the
Revised Administrative Code.
- The law which renamed the Bureau of Prison to Bureau of
Correction.
Classification of Prisoners
1.According to Sentence/place of confinement
• National or Insular Prisoner – one who is sentenced to
serve a prison term of three (3) years and one (1) day
to death.
• Provincial Prisoners – one who is sentenced to serve a
prison term of six (6) months and one (1) day to three
years.
• City Prisoners – one who is sentenced to serve a prison
term of one (1) day to three (3) years.
• Municipal Prisoner – one who is sentenced to serve
a prison term of one (1) day to six (6) months.
2. According to Status
• Detention prisoners (FIT) – those held for
security reasons, investigation, those awaiting
or undergoing trial and awaiting final judgment.
• Sentenced prisoners – those convicted by
final judgment and serving their sentence.
 Jails
– institutions for confinement of convicted offenders
sentenced to imprisonment of three (3) years or less.
- institution for the confinement of those held for
security reasons, investigation, undergoing trial or
awaiting final judgment.
- derived from the Spanish word “jaula” and
“caula”.
 Type of Jails
A. Lock-up/ Custodial Facility
- security facility for the temporary detention
of persons held for investigation or awaiting
preliminary hearing. Usually the period of
detention does not exceed forty-eight (48) hours.
B. Ordinary Jail
- institution for confinementof convicted
offenders sentences to imprisonment
of three
(3)
years or less and offenders awaiting and/or
undergoing trial.

C. Workhouse Jail
- farms or camps (ex. Agricultural and
Forest Camp or Youth Camp for convicted youth)
NOTE:
•Provincial jails are administered and
supervised by their respective provincial
governor.

•City and municipal jails are administered

and supervised by the Bureau of Jail
Management and Penology (BJMP).
 Prison
– institutions for confinement of convicted
offenders sentenced to more than three (3)
years of imprisonment.
- derived from the Greco-Roman word “prisidio”
-administered bythe National Government under the
Bureauof Corrections headed by a DIRECTOR.

-also called national prisons/penitentiary which

includes penal colonies and penal farms.
 PHILIPPINE PRISON HISTORY

1. Bilibid Prison or the Old Bilibid Prison(1847)

- Located at Oroquieta street, Manila.
- It was established in 1847 and formally opened on April
10, 1866 by a Royal decree
National Bilibid Prison (NPB)
- Located in Muntinlupa City
- It has 587 hectares
- established in 1935
- houses 6,345 but the population as of 2022 was
29, 204
The NPB consists of the following:
a) Main Building
b) Camp Sampaguita- Medium Security Camp
c) and the Camp Bukang Liwayway- Minimum Security Camp also
houses the Reception and Diagnostic Center (RDC)
2. San Ramon Prison and Penal Farm( August 21, 1869)
- Established in Zamboanga City, to confine Muslim
rebels and intractable political prisoners opposed to
Spanish rule.
- Composed of 1,414 hectares.
- Was named after Ramon Blanco, Spanish Royal Army
who was disregarded the old practice of having political prisoner
shot.
 3. Iwahig Prison and Penal Farm
- It was established by Americans (Gov. Forbes) in November
1904 to confine incorrigible political prisoners (with
little hope of rehabilitation).
- located in Palawan
- Formerly called as The Luhit Penal Settlement.
- The Prison without walls
- Tagumpay Settlement (For those would like to settle after
serving prison term)
- 6 hectares homestead lots rewarded for those who will
choose to stay.
 Iwahig Sub-colonies (SIMC)

1. Sta-lucia
2. Inagawan
3. Montible
4. Central
4. Davao Penal Colony and Farm
- Founded by General Paulino Santos who was the Director of Prisons and
was established on January 21, 1932 under Act No. 3732 signed by
Gov. Dwight Davis
- Located in Tagum, Davao del Norte
-Davao Penal Farm Sub-colonies (PK)
a) Panabo
b) Kapalong
5. Sablayan Penal Colony
- Located in Sablayan, Occidental Mindoro
- Established in September 27, 1954
- It has 16,000 hectares
- a self reliant institution in terms of agricultural products (rice and grows vegetable
crops)
- considered as the fastest growing and youngest institution in the Philippine
correctional administration system
- It has Four Sub-colonies (CPPY)
a) Central c) Pasugui
b) Pusog d) Yapang
6. Leyte Regional Prison
- Located in Abuyog Leyte
- The youngest prison established in Jan. 16, 1973
during time of Ferdinand Marcos.

7.Correctional Institution for Women (CIW)

- only penal institution for women
- Established in November 27, 1929 by virtue of Act 3759
- Located in Mandaluyong City
- Total land area is 18 hectares
NON- INSTITUTIONAL CORRECTIONS
 Executive Clemency
- collective term for absolute pardon, conditional
pardon, amnesty, reprieve and commutation of sentence.
- Granted by the Chief Executive Officer
(President of the Philippines).
- Authority of the President of the Philippines to
suspend the execution of a penalty, reduce the
sentence and extinguish criminal liability
 KINDS OF EXECUTIVE CLEMENCY (PARC)
1. Pardon
- an act of grace proceeding from the power
entrusted with the execution of the laws (the
president) which exempts the individual on whom it is
bestowed from the punishment the law inflicts for a crime
he has committed.
- Extinguishes only criminal liability but not the civil
liability. (recipient of pardon is not exempted from civil
liability )
Kinds of Pardon:
A. Absolute Pardon
- the extinction of the criminal liability of the individual to
whom it is granted without any condition and restores to the
individual his civil rights.
B. Conditional Pardon
- the extinction of the criminal liability of an individual
from the punishment which the law inflicts for the offense
he has committed, within certain limits or conditions.
 KINDS OF EXECUTIVE CLEMENCY (PARC)

2.Amnesty
- an act of sovereign power granting oblivion
or general pardon for the past offense, usually
granted in favor of certain classes of persons
who have committed crimes of political
- Pres. Manuel Roxas, the first president to
give amnesty * Prolamation No. 51 issued on
January 28, 1948. Granting amnesty to thos who
collaborated with the enemey during WWII.
KINDS OF EXECUTIVE CLEMENCY (PARC)
3. Commutation of Sentence
- reduction of the sentence, from a heavier sentence to
a less serious one, or from longer prison term to a shorter
one.
4. Reprieve
- temporary suspension of the execution
of sentence.
 Parole
- operates inaccordance with Act. 4103
- a method by which a prisoner who has served a
portion/minimum/one-third of his sentence is
conditionally released but remains in legal custody,
the condition being that in case of misbehavior, he
shall put back to prison.
- granted by the Board of Pardons and Parole.
 Probation
- originated from the Latin word “Probatio” which
means “testing period” which has historical roots in the
practice of judicial reprieve.
- is a disposition under which a defendant, AFTER
CONVICTION and SENTENCE, is released subject to
conditions imposed by the Court and to the supervision of a
probation officer.
- operates in accordance with P.D. 968 or the “Adult
Probation Law of 1976”.
- granted by the COURT.
MODULE 6
 Fifth Pillar:
The Community
The COMMUNITY
- Considered as the INFORMAL pillar of the
Criminal Justice System.
-the fifth pillar of CJS includes but is not
limited to individuals, private groups and
public entities who when performing or are
involved in related criminal justice activities,
become part of the system.
 KATARUNGANG PAMBARANGAY
• PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY
COMMISSION TO STUDY THE FEASIBILITY OF RESOLVING
DISPUTES AT THE BARANGAY LEVEL promulgated on 27 January
1978

• PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY

SETTLING DISPUTES AT THE BARANGAY LEVEL

• RA 7160 – otherwise known as the “LOCAL GOVERNMENT

CODE OF 1991
-provides for the REVISED KATARUNGANG PAMBARANGAY
LAW enacted on 10 October 1991
 REQUIREMENT PRIOR TO THE FILING
OF CASE IN COURT

• KATARUNGANG PAMBARANGAY
- It was created by virtue of PD 1508 on June 1978.
-Likewise, RA 7160 (local Government Code of 1991)
integrated provisions to strengthen katarungang
pambarangay specially sections 399 – 422.
- It was created purposely to give the appropriate barangay
chairman and barangay lupon officials to amicably settle
cases within their jurisdiction.
 Amicable Settlement
• – It is the process of solving or settling disputes in a
certain barangay.
Offenses punishable by the RPC cognizable by the
Lupon
1. Alarms and scandals (Art. 155)
2. Use of false certificates (Art. 175)
3. Concealing one’s true name and other
personal circumstances (Art. 178, par 2)
4. Physical injuries committed in tumultuous affray
(art. 252)
5. Slight physical injuries and maltreatment (art.
266)
6. Other forms of trespass (art. 287)
7.Other light coercion or unjust vexations (art. 287)
8. Other light threats (art. 285)
9. Some forms of theft (art. 308, par 3, and art 309,
10.Altering boundaries or landmarks (art313)
11. Other deceits (art 318)
12. Arson of property of small value (art 323)
13. Social cases of malicious mischief’s (328)
14. Other mischief’s (art 329)
 Note:

• Under the New Local Gov’t code, all offenses

punishable by atleast one year imprisonment and
P5,000 fine is now within the jurisdiction of the Lupon.
 LUPONG TAGAPAMAYAPA
-It is a body of men created to settle disputes within the
barangay level.
It is also referred to as the LUPON.
Composition of the Lupon
The Lupon shall be composed of the Barangay Chairperson as
Chairman of the Lupon and the Barangay Secretary as the
Secretary of the Lupon, plus other members who shall be not
less than ten (10) but not more than twenty (20). It shall be
constituted every three (3) years.
Qualification to become members of the Lupon
Any resident of the barangay of reputable
character may be appointed as member of the Lupon.
Members of the Lupon shall be appointed by the
Barangay Chairman with the term of three (3) years.
Basic function of the Lupon
Essentially, the Lupon must provide a forum for
matters relevant to the amicable settlement of disputes
for the speedy resolution of disputes.
 PANGKAT TAGAPAGKASUNDO
-It shall act as the conciliation panel. It is also referred to
as the PANGKAT.
-It shall be composed of three (3) members chosen from the
members of the Lupon. They shall choose from among the
three of them the Pangkat Chairman and Pangkat Secretary.
- The Pangkat shall be constituted whenever a dispute is
brought before the Lupon.
 Matters fall under the jurisdiction of the
Lupon
• those involving offenses that are punishable by the
imprisonment of one year and below, or a fine in the
amount of five thousand pesos and below;
• those involving parties that actually reside or work in the
same barangay;
• those involving marital and family disputes;
• those involving minor disputes between neighbors;
• those involving real properties located in the barangay;
 Venue for amicable settlement
• disputes between persons actually residing in the same barangay
shall be brought for amicable settlement before the Lupon of
said barangay;
• those involving actual residents of different barangays within the
same city or municipality shall be brought in the barangay where
the respondent actually resides;
• all disputes involving real property or any interest shall be
brought in the barangay where the real property or the larger
portion is situated;
• those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for
study shall be brought in the barangay where such workplace
or institution is located.
PROCEDURE FOR AMICABLE SETTLEMENT
1. Who may initiate proceedings?
Any individual who has a cause of action against another
individual involving any matter within the authority of the
Lupon may complain, orally or in writing, to the Lupon.

CAUSE OF ACTION – an act or omission of one party in

violation of the legal rights of another for which the latter
suffers damage which affords a party to a right to judicial
intervention.
 2. Upon receipt of the complaint the
Chairman shall meet with the respondent and
complainant and mediate. If he FAILS in his
mediation within fifteen (15) days, he shall set a
date for the constitution of the Pangkat.

• MEDIATION OR CONCILIATION – the process whereby

disputants are persuaded by the Punong Barangay
or Pangkat to amicably settle their disputes
3. The Pangkat shall meet not later than three (3) days after their
constitution, on the date set by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of the dispute within fifteen (15)
days from its meeting. This period may be extended for another fifteen
(15) days, at the discretion of the Pangkat.

What happens if both parties agreed? What if not?

Effect of the amicable settlement:
•The amicable settlement shall have the force
and effect of a final judgment of a court
upon the expiration of ten (10) days from
the date of settlement.
 Purpose of amicable settlement:
“Because it is a pre-condition to filing of complaint in
court”
No complaint involving any matter within the authority
of the Lupon shall be filed directly in court unless there
has been a confrontation between the parties before the
Chairman or the Pangkat, and that no conciliation or
settlement has been reached as certified by the
Secretary, or unless the settlement has been repudiated
by the parties.”
 Do justice. Serve the People.
Honor and Excellence.

In everything you do, do it for the glory of

God.
END OF PRESENTATION

THANK YOU!!!!!