Branch of public, which defines

CRIMINAL JUSTICE SYSTEM crimes, treats of their nature, and

provides for their punishment.
CRIMINAL JSUTICE SYSTEM
- comprise all the means used to TWO CLASSIFICATION OF CRIMINAL LAW
enforce those standards of conduct A. SUBSTANTIVE
which are deemed necessary to protect Defines the elements that are
individuals and to maintain general necessary for an act to constitute
community well being. as a crime and therefore
- The sum total of instrumentation punishable.
which a society uses in the prevention B. PROCEDURAL
and control of crime and delinquency. Refers to a statute that provides
procedures appropriate for the
- The machinery of the state or enforcement of the Substantive
government which enforces the rules of Criminal Law.
conduct necessary to protect life and
property and to maintain peace and TWO BASIC PRINCIPLES OF CRIMINAL LAW
order. IN THE ADMINISTRATION OF THE CRIMINAL
JUSTICE SYSTEM IN THE PHILIPPINES
- Comprises all means used to A. First is the “presumption of
enforce these standards of innocence”. This means that
conduct, which are deemed those who are accused of crimes
necessary to protect individuals are considered innocent until
and to maintain general well- proven guilty. The accused is
being of the community. entitled to all the rights of the
citizens until the accused’s guilt
FIVE STAGES IN THE CRIMINAL JUSTICE has been determined by the
PROCESS: court of law or by the accused’s
1. Arrest acknowledgment of his guilt that
2. Charging he or she indeed committed the
3. Adjudication crime.
4. Sentencing B. The second principle is “the
5. Corrections burden of proof” which in criminal
cases means that the
FIVE PILLARS OF THE PHILIPPINE CRIMINAL government must prove beyond
JUSTICE SYSTEM “reasonable doubt” that the
1) LAW ENFORCEMENT suspect committed the crime
2) PROSECUTION
3) COURTS CONCEPT OF THE PRINCIPLE OF THE
4) CORRECTIONS PRESUMPTION OF INNOCENCE
5) COMMUNITY No less than the Constitution of
the Philippines provides that an
THREE PILLARS OF THE AMERICAN accused shall be presumed
CRIMINAL JUSTICE SYSTEM innocent until proven guilty.
1) LAW ENFORCEMENT CONCEPT OF PROOF BEYOND
2) COURTS REASONABLE DOUBT
3) CORRECTIONS In order to make sure that only
those who are guilty of the crime as
CRIMINAL LAW AND THE CRIMINAL punished, our Rules on Evidence
JUSTICE SYSTEM provides that the evidence, in order to
Basis of the Criminal Justice System be sufficient to convict an accused for a
Criminal Law is the basis that takes criminal act, proof beyond reasonable
place in the Criminal Justice System. doubt is necessary. Unless his guilt is
of proof which produces conviction in an The three components of the Criminal
unprejudiced mind. Justice System in the United States:
1. Law Enforcement
CRIMINAL IN RELATION TO CRIMINAL 2. Courts
JUSTICE SYSTEM 3. Corrections
The criminal is the main character
of the Criminal Justice System.

CRIMINAL may be defined in three PHILLIPINE CRIMINAL JUSTICE SYSTEM

different views: SETTING:
1. In Criminological sense, a person 1.
may be considered as a criminal
from the time he or she
committed the crime regardless
whether or not it has been
reported to the Police for
investigation.
2. In legal sense, a person maybe
considered a criminal only upon 2.
undergoing the judicial process
and upon determination by the
Court that he or she is guilty
beyond reasonable doubt.
3. In Criminal Justice sense, a
criminal may be defined as one 3.
who has undergone the process
and went through all the pillars of
the Criminal Justice System
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 4. The Correctional Institutions are either
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 judgement has been
rendered, he is referred to as the
CONVICT.
5. It is only upon undergoing all the
process when the person has PURPOSES OR GOALS
served the sentence when he can JUSTICE SYSTEM
really be considered as a 1.
The Law Enforcement, particularly
the Philippine National Police
(PNP) is under the Department of
the Interior and Local
Government (DILG); while the
National Bureau of Investigation is
an agency attached to the
Department of Justice (DOJ).
The Prosecution Service is under
the DOJ, while the OMBUDSMAN is
a Constitutional body
independent from even the three
major and co equal branch of the
government;
The Courts, meaning the regular
civil courts, including the
SANDIGANBAYAN and Special
Criminal Courts, are under the
Supervision and control of
Supreme Courts. Although, judges
of the Municipal Trial Courts,
Municipal Circuit Trial Courts, at
times are tasked to perform
executive functions when they
are conducting Preliminary
Investigation which is primarily an
Executive function.
under the DOJ or DILG.
- The Bureau of Prison or the
National Penitentiary is under the
DOJ;
- By virtue of RA 6975, the Bureau
of Jail Management and
Penology (BJMP) is in charge of
the City or Municipal Jails while
the Provincial government is in
charge of the Provincial jails. Both
are under the DILG.
OF CRIMINAL
Primary goals
 c. The judicial determination
of guilt or innocent of those
apprehended.
d. The proper disposition of
those who have been
legally found guilty.
e. The correction by socially
approved means of the
behavior of those who
violate the criminal law.
f. The suppression of criminal
conduct by apprehending
offenders for whom
prevention is ineffective.
THE PHILOSOPHIES BEHIND THE CRIMINAL
JUSTUCE SYSTEM
1. The Adversarial Approach
The adversarial approach
assumes innocence. The
prosecutor representing the State
must prove the guilt. The
adversary approach requires that
the proper procedures are
followed, procedures designed to
protect the rights of the accused.
The adversary system embodies
the basic concept of equal
protection and due process.
These concepts are necessary in
order to create a system in which
the accused has a fair chance
against the tremendous powers of
the prosecutors and the resources
of the State.
2. The Inquisitorial approach:
The inquisitorial system assumes
guilt; the accused must prove that
they are innocent. The inquisitorial
approach places a greater
emphasis on conviction rather
than on the process by which the
conviction is secured.
The philosophy adopted in our Criminal
Justice System is the Adversarial
Approach.
CONCEPT OF DUE PROCESS OF LAW
The concept of due process
means that those who are
accused of the crimes and those
who are processed through the
Constitution and applicable
statute.
CONCEPT OF EQUAL PROTECTION
The equal protection clause in
essence declares that the state
may not attempt to create or
enforce statutes against a person
solely because of specific
characteristics such as race, age
or sex
I. LAW ENFORCEMENT – The First Pillar in
the administration of the Criminal Justice
System
Law Enforcement in relation to CJS
The Law Enforcement as the first
pillar is considered to be the “initiator” or
the “prime mover” of the Criminal Justice
System. It is considered as “the initiator of
the actions” that other pillars must act
upon to attain its goal or objective.
Examples of police initiating
action:
a. effecting an arrest
b. surveillance
c. crime investigation
THE GENERAL FUNCTIONS OF THE LAW
ENFORCEMENT IN RELATION TO THE
ADMINISTRATION OF THE CJS
a. To prevent criminal behavior.
b. To reduce crime.
c. To apprehend and arrest
offenders.
d. To protect the life and property.
e. To regulate non-criminal conduct.
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as
amended by RA 8551
PERTINENT LAWS ON PNP:
RA 6975 - “DILG Act of 1990” -
Approved on Dec 13, 1990
RA 8551 - “PNP Reform and
Reorganization Act of 1998.
- Approved on
February 25, 1998.
RA 9708 - “An Act extending for 5
years the reglementary period for
complying the minimum educational
qualification for appointment to the PNP
Article 16 of the 1987 Philippine
Constitution:
“The state shall establish and maintain
one police force which shall be national
in scope and civilian in character…”
-headed by the Chief, PNP, with the rank
of Director General, appointed by the
President and who shall serve a term of
office of four (4) years.
NATIONAL IN SCOPE
- means that the PNP is a nationwide
government organization whose
jurisdiction covers the entire breadth of
the Philippine archipelago.
- all uniformed and non-uniformed
personnel of the PNP are national
government employees.
CIVILIAN IN CHARACTER
- means that that the PNP is not a part of
the military, although it retains some
military attributes such as discipline.
NATIONAL BUREAU OF INVESTIGATION
-The National Bureau of Investigation
(NBI) saw its inception on November 13,
1936 upon
- approval of Commonwealth Act No.
181 by the legislature
-Tasked with organizing a Division of
Investigation or DI patterned after the
United States Federal Bureau of
Investigation were Thomas Dugan, a
veteran American police captain from
the New York Police Department and
Flaviano C. Guerrero, the only Filipino
member of the United States Federal
Bureau of Investigation.
-On June 19, 1947, by virtue of Republic
Act No. 157, it was reorganized into the
Bureau of Investigation. Later, it was
amended by Executive Order No. 94
issued on October 4, 1947 renaming it to
what it is presently known, the National
Bureau of Investigation (NBI).
-The NBI is a government entity that is
civilian in character, and national in
scope which is under the Department
of Justice.
bound to answer for the commission of
an offense.
IMPORTANCE OF ARREST IN THE
ADMINISTRATION OF CJS
Arrest is important in the
administration of Criminal Justice System
because if the accused is not arrested,
the court will not acquire jurisdiction over
his person unless the person voluntarily
surrenders himself to the authorities.
PROBABALE CAUSE IN EFFECTING ARREST
Probable cause with respect to
arrest is such a fact and circumstances
which would lead a reasonably discreet
and prudent man to believe that an
offense has been committed by the
person sought to be arrested.
SEARCH WARRANT
It is an order in writing issued in the
name of the people of the Philippines
signed by the judge and directed to the
peace officer, commanding him to
search for personal property and bring it
before the court.
REQUISITIES FOR THE ISSUANCE OF
WARRANT OF ARREST
A search warrant shall be issued
only upon (a) upon probable cause (b)
in connection with one specific offense (
c) to be determined personally by the
judge (d) after examination under oath
or affirmation of the complainant and
the witnesses he may produce and (e)
particularly describing the place to be
search and the thing to be seized.
PERSONAL PROPERTY TO BE SEIZED
a. Subject of the offense;
b. Stolen or embezzled and other
proceeds, fruits of the offense; or
c. Use or intended to be used as the
means of the commission of the
offense.
GENERAL RULE IN EFFECTING AN ARREST:
The general rule in effecting an

EXCEPTION TO THE GENERAL RULE:
The exception to the general rule
is provided by the Revise Rules on
Criminal Procedures (Rule 113, Section 5)
Arrest without warrant; when lawful. – A
peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to
be arrested has committed, is actually
committing, or is attempting to commit
an offense;
(b) When an offense has just been
committed and he has probable cause
to believe based on personal knowledge
of facts or circumstances that the person
to be arrested has committed it; and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or is temporarily
confined while his case is pending, or has
escaped while being transferred from
one confinement to another.
GENERAL RULE IN EFFECTING SEARCH
AND SEIZURE:
Just like arrest, the general rule in
effecting a search and seizure is only by
virtue of a validly issued search and
warrant.
The Reason:
a. For the protection of the searcher
not to be charged of a crime of
theft, robbery and the like;
b. And for any civil and
administrative liabilities
EXCEPTIONS:
a. Warrantless search incidental to a
lawful arrest
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency
circumstances
EVIDENCE OBTAINED IN VIOLATION OF
THE RULE ON ARREST AND SEARCH AND
SEIZURE IS NOT ADMISSIBLE AS EVIDENCE
Is an art, which deals with identity
and location of the offender and
provides evidence of his guilt in criminal
proceedings.
Republic Act No. 7438, April 27, 1992
AN ACT DEFINING CERTAIN RIGHTS
OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS
WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF.
SOME OF THE EXAMPLES OF POLICE
DISCRETION:
a. Whether or not to enforce a
specific law;
b. Whether or not to conduct search
of people or building
c. Whether or not to effect an arrest;
d. To determine what charges are to
be filed
II. PROSECUTION – The second Pillar of the
Criminal Justice System
PROSECUTION AS A PILLAR OF THE CJS
The Prosecution as the pillar of the
CJS simply means “a criminal action”. A
proceeding instituted and carried on by
due course of law, before a competent
tribunal, for the purpose of determining
the guilt or innocence of a person
charged with a crime.
It is also used to designate the
government as the party to the
proceeding in a criminal action.
IN PHILIPPINE CJS, WHO CONDUCTS THE
PROSECUTION?
In the Philippines, the prosecutor is
the government officer, tasked to
conduct the prosecution of criminal
actions in court. The Revised Rules of
Court expressly provides that the
prosecution has the direction and
control of the case.
SOME ROLES OF THE PROSECUTOR:
a. To conduct Preliminary
 d. To act as a legal officer of the OTHERS OFFICERS AUTHORIZED BY LAW TO
province or City in the absence of CONDUCT PRELIMINARY INVESTIGATION:
its legal officer; a. The Ombudsman and special
e. To investigate administrative prosecutor ad prosecutors duly
cases filed against State authorized by the Ombudsman
Prosecutors, Provincial with respect to cases under its
Prosecutors, including the support jurisdiction (ex. Anti-graft and
staff of the National Prosecution corrupt practices act.)
Service (NPS). b. The COMELEC with respect to
cases in violation of the Election
PRELIMINARY INVESTIGATION: Law;
It is an inquiry or proceeding for c. Private Lawyers when duly
the purpose of determining whether deputized by any of the above.
there is sufficient ground to engender a
well founded belief that a crime has PROSECUTOR’S DISCRETION:
been committed and that the a. Whether or not to file the case in
respondent is probably guilty thereof, court;
and be held for trial (Section 1, Rule 112, b. What charges to file;
Rules of Court). c. Whether or not to decline to
prosecute the arrested party;
PURPOSES/OBJECTIVES OF PRELIMINARY d. Whether or not to enter into plea-
INVESTIGATION bargaining
a. To determine whether a crime has
been committed and whether SOME OF THE REASONS FOR
there is probable cause to believe PROSECUTORIAL REJECTION OR
that the accused is guilty thereof; DISMISSAL OF SOME CRIMINAL CASES:
b. To secure the innocent against a. Insufficient evidence that results
hasty, malicious and oppressive from a failure to find sufficient
prosecution. physical evidence that links the
c. To protect the State from useless defendant to the offense.
and expensive trials. b. Witness problem that arise for
example, when a witness fails to
CAN THERE BE PRELIMINARY appear, gives unclear or
INVESTIGATION? inconsistent statements, is
Preliminary Investigation is reluctant to testify, is unsure of
required to be conducted before the identity of the offender.
filing of the Complaint or Information for c. Due Process Problems that
an offense where the penalty prescribed involves the violations of the
by law is at least four (4) years, two (2) Constitutional requirements for
months and one (1) day without regard seizing evidence and for the
to the fine. questioning of the accused.

INQUEST- shall refer to an informal REMEDY AVAILABLE SHOULD THE

and summary investigation conducted PROSECUTOR WITHOUT JUST CAUSE
by a public prosecutor in criminal cases DECLINE TO PROSECUTE A CRIME:
involving persons arrested and detained a. File a motion for consideration
without the benefit of a warrant issued by b. File an administrative case
the court for the purpose of determining against the Prosecutor;
whether or not said person should c. File a civil case against the
remain under the custody and Prosecutor;
correspondingly charged in court. d. File a criminal case against the
Prosecutor
PERSONS AUTHORIZED TO CONDUCT
 have not violated the rights of the
accused;
2. To determine by all legal means
whether a person is guilty of a
crime – review all the evidences
presented by the police to
determine its relevance and
admissibility in accordance with
the Constitution and the rules of
Court;
3. To dispose properly of those
convicted of the crimes – the
Courts have the responsibility to
examine the background of the
accused and the circumstances
of the crime;
4. To protect the society – after the
accused has been found guilty,
the court may determine if the
offender should be removed from
society and incarcerated in order
to protect the safety of life and
property and this is specially in
case of Probation;
5. To prevent and reduce criminal
behavior –this is the task properly
imposing the proper penalty and
sanctions that will serve to deter
the future criminal acts by the
offender an also serve as an
example and deterrent to others
who would commit criminal acts
or threaten public safety.
GENERAL FUNCTIONS OF THE COURTS IN
RELATION TO THE CJS
1. To protect the rights of the accused.
The courts are responsible for the
reviewing the actions of law
enforcement agencies to ensure that
the police have not violated the rights of
the accused.
2. To determine by all legal means
whether a person is guilty of a crime.
Review all the evidences presented by
the police to determine its relevance
and admissibility in accordance with the
Constitution and the rules of court.
3. To dispose properly of those convicted
of the crimes. The Courts have the
responsibility to examine the
background of the accused and the
circumstances of the crime.
future criminal acts by the offender and
also serve as an example and deterrent
to others who would commit criminal
acts or threaten public safety.
JURISDICTION
It is the authority of the court to
hear and try a particular offense and to
impose the punishment provided by law.
VENUE
Refers to the place, location or
site where the case is to be heard on its
merits.
DIFFERENT COURTS
1. Municipal Trial Court/Municipal
Circuit Trial Court/Metropolitan Trial Court
Original Jurisdiction: (a) all
violations of city and Municipal
ordinances, (b) all offenses punishable
with imprisonment not exceeding six (6)
years irrespective of the amount of fine,
(c) damage to property through criminal
negligence;
2. Regional Trial Court (RTC)
Original Jurisdiction: (a) those
which carry the penalties exceeding six
(6) years of imprisonment, (b) those not
covered by the jurisdiction of the
Sandiganbayan.
3. Sandiganbayan
Original Jurisdiction: Violations of
RA 3019 (Anti-graft and Corrupt
Practices Act), RA 1379, ad
Chapter II, Section 2 Title VII, f Book
II of the RPC.
1. officials of the executive branch
of the government occupying the
positions of regional director and
higher, otherwise classified as
Grade 27 and higher.
2. Phillipine Army and Air force
colonels, naval captain and all
officers of higher rank.
3. Officer f the PNP (provincial
director and those holding the
rank of senior superintendent or
higher
4. Court of Appeals.
Appellate jurisdiction: Decisions
or judgements of the RTC
5. Supreme Court
 d. To convict or to acquit the
accused;
e. To revoke probation or suspended
sentence.
ARRAIGNMENT
It is the stage where the issues are
joined in criminal action and without
which the proceedings cannot advance
further.
It is the stage of the proceedings
whereby the accused shall be informed
of his/her constitutional right to be
(officially) informed of the nature and the
cause of the accusation against him and
to ask him of his plea.
JUDGEMENT
It is the adjudication by the court
that the accused is guilty or not of the
offense charged and the imposition on
him of the proper penalty and civil
liability, if any. It must be written in the
official language, personally and directly
prepared by the judge and signed by
him and shall contain clearly and
distinctly a statement of the facts and
the law upon which is based.
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. However, if the
conviction is for a light offense, the
judgment may be pronounced in the
presence of his counsel or
representative. When the judge is absent
or outside the province or city, the
judgment may be promulgated by the
clerk of court.
WEIGHT OF THE EVIDENCE REQUIRED IN
ORDER TO CONVICT THE ACCUSED
The weight of the evidence
required in order to convict an accused
is “Proof beyond reasonable doubt”
ACQUITTAL
It is a finding of not guilty based on
the merits. Meaning, the accused is
acquitted because the evidence does
not show that his guilt is beyond
As a rule, this right is only granted
to the convicted offender. However, the
Supreme Court in one of its landmark
decision held that the right to appeal
shall not be denied to the government
prosecutor when proper.
IV. CORRECTIONS –The fourth pillar of the
CJS
Corrections – deals with
punishment, treatment and
incarceration of offenders.
Corrections as the fourth pillar
takes over the criminal treatment once
the accused, after having been found
guilty, is meted out the penalty for the
crime he committed. He can apply for
probation or he could be turned over to
a non – institutional or institutional
agency or facility for custodial treatment
and rehabilitation.
GENERAL FUNCTIONS OF CORRECTIONS
IN RELATION TO THE ADMINISTRATION OF
CJS
1. To maintain the institutions – the
correctional component is
responsible for maintaining
prisons, jails and other institutional
facilities to receive convicted
offenders sentence to periods of
incarceration.
2. To protect law abiding members
of society – Corrections custody
and security in order to keep
sentenced offenders removed
from the free world so that they
cannot commit further crimes on
society.
3. To reform offenders – It is
responsible for developing and
providing services to assist
incarcerated offenders to reform
and assist them in returning to
society and in leading a non-
criminal life after his/her release.
4. To deter crimes – It is responsible
for encouraging incarcerated
and potential offenders to lead
law-abiding lives the experience
of incarceration and the denial of
freedom to live in a free society.
accused for custody or detention only, in
which case the court issues a
COMMITMENT ORDER.
MITTIMUS
It is a warrant issued by a court
bearing its seal and the signature of the
judge directing the jail or prison
authorities to receive the convicted
offender for service of sentence.
COMMITMENT ORDER
It is a written order of a court or
authority consigning a person to jail or
prison for detention.
PURPOSES OF CORRECTION
1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.
DIFFERENT CORRECTIONAL INSTITUTIONS
IN THE PHILIPPINES:
1. Sablayan Prison and Penal Farm –
located in Occidental Mindoro.
Established on September 26,
1954 by virtue of Presidential
Proclamation No. 72.
It is the youngest colony of the
bureau.
2. Leyte Regional Prison – situated in
Abuyog, Southern Leyte,
established a year after
declaration of Martial law in 1972.
3. New Bilibid Prison – located in
Muntinlupa, it was officially
named New Bilibid Prison on
January 22, 141.
4. Correctional Institution for
Women – located at
Mandaluyong City. Philippine
Legislature passed Republic Act
3579 in November 1929 which
authorize the transfer of all
women inmates from Old Bilibid
Prison to CIW. On February 14,
1931, the women prisoners were
6. San Ramon Prison and Penal Farm
– established in Southern
Zamboanga on August 21, 1870
through a royal decree
promulgated in 1869. Considered
the oldest penal facility in the
country. Originally established for
persons convicted of political
crimes. It was here in Dapitan
Zamboanga where Dr. Jose Rizal
was incarcerated.
7. Davao Penal Colony – located in
Davao Del Norte, the first penal
settlement founded and
organized under Filipino
administration. It was formally
established on January 21, 1932
by virtue of Act No. 3732.
CORRECTIONAL AGENCIES IN THE
PHILIPPINES
1. Institutional Corrections Agencies
a. Bureau of Corrections – an
agency under the Department of
Justice (DOJ) that is charged with
custody and rehabilitation of
national offenders, that is, those
sentenced to serve a term of
imprisonment of more than three
(3) years. It exercises control and
supervision of all the
corrections/prisons facilities
nationwide.
b. Provincial Jails – a jail for the
safekeeping of prisoners at the
capital of each province, and in
the absence of special provision
all expenses incident to the
maintenance thereof and of
maintaining prisoners are borne
by the province.
c. Bureau of Jail Management and
Penology (BJMP) – created by
virtue of Republic Act 6975,
exercise supervision and control
over all district, city and municipal
jail nationwide. Formally
established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. Detention Prisoners
 2.1 Municipal Jail Prisoner –
sentenced to serve a prison term
for 1 day to 6 months.
2.2 City Jail Prisoner – from
sentenced to serve imprisonment
for 1 day to 3 years
2.3 Provincial Jail – sentenced
to 6 months one day to 3 years
2.4 National or insular Prisoners
– Sentenced to 3 years 1
day to Reclusion Perpetua
or Life Imprisonment.
2. Non – Institutional Correctional
Agencies
a. Parole and Probation
Administration – an attached
agency of the DOJ which
provides a less costly alternative
to imprisonment of offenders who
are likely to respond to
individualized community based
treatment programs. Headed by
an Administrator
- Handles the investigation
of petitioners for probation, and
the supervision of probationers,
parolees and conditional
pardonees.
b. Board of Pardons and Parole –the
administrative arm of the
President of the Philippines in the
exercise of his constitutional
power to grant, except in cases of
impeachment, pardon, reprieve
and amnesty after conviction by
final judgment.
History:
Act 4103, otherwise
known as Indeterminate
Sentence Law, took effect
on December 4, 1933,
created the Board of
Indeterminate Sentence.
Amended by
Executive Order No. 83,
Series of 1937, renamed
the Board of Indeterminate
Sentence to Board of
Pardons.
Amended by
Executive Order No. 94,
abolished the Board of
Pardons and created the
age or under at the time of
the commission of the
offense shall be exempt
criminal liability.
However, the child shall be
subjected to an
intervention program
pursuant to Section 20 of
this Act.
A child above fifteen (15)
years but below eighteen
(18) years of age shall
likewise be exempt from
criminal liability and be
subjected to an
intervention program,
unless he/she has acted
with discernment, in which
case, such child shall be
subjected to the
appropriate proceedings
in accordance with this
Act.
The exemption from
criminal liability herein
established does not
include exemption from
civil liability, which shall be
enforced in accordance
with existing laws.
PROBATION
- Is a disposition under which a
defendant after conviction and
sentence, is released subject to
conditions imposed by the court
and under the supervision of a
probation officer.
- Is a privilege granted by the court
to a person convicted of a
criminal offense to remain in the
community instead of actually
going to prison.
PARDON
Is an act of grace proceeding from the
 a. Absolute Pardon – when the
convict is release without any
condition;
b. Conditional Pardon – when the
release of the convict is subject to
certain conditions that the
pardonee must comply with
strictly. Otherwise, such pardon
will be revoked, because pardon
is a contract with the convict may
or may not accept, but once
accepted, he has to abide with
the conditions prescribed.
PAROLE
Is a procedure by which prisoners
are selected for release on the basis of
the individual response to the
correctional institution and the service
progress and by which they are provided
with the necessary controls and
guidance as they serve the remainder of
their sentences within the free
community.
ELEMENTS OF PAROLE
a. That the offender is convicted;
b. That he serves part of his sentence
in prison;
c. That he is released before the full
expiration of his sentence;
d. That said release is conditional,
and
e. That he remains on parole until the
expiration of his maximum
sentence.
AMNESTY
Is a general pardon extended to
a group of prisoners and exercised by
the President of the Philippines with the
concurrence of Congress. The recipients
are usually political offenders.
V. COMMUNITY – The fifth pillar of the CJS
Role of the Community as the fifth
pillar of the Criminal Justice
System.
- the community is understood to
mean as “ elements that are
mobilized and energized to help
authorities in effectively
addressing the law and order
The citizens can achieve these roles:
a. identifying offenders;
b. giving data about the illegal
activities and cohorts of the
criminals, and the proliferation of
organized crimes and syndicates;
c. volunteering as witnesses;
d. adopting precautionary and
remedial measures to diminish
crime.
As had been pointed out, crime
prevention is not the sole responsibility of
the police but is equally the concern of
every citizen in order to have a peaceful
place to live in.[
Examples of Community participation in
the Administration of
Criminal Justice in our
setting
a. They are the following:
1. The growing interest in the rights
and welfare of the victim
as shown by the
government with the
cooperation of community
leaders. Accordingly, R.A.
No. 6981, otherwise known
as the “Witness protection
and Security Act” was
passed and approved on
April 24, 1991.
This is to encourage the citizenry
to participate in the Criminal Justice
System by helping the government and
The community in dealing with crime and
criminals.
The Creation of Police-Community
Relations
R.A. 6975, created this unit in order to
implement plans and
programs that will promote
community and citizens’
participation in the
maintenance of peace
and order and public
safety.[2] It was created to
establish harmonious
relationship between the
police and the citizen. The
community involvement in
the criminal justice system is
BRIEF HISTORY OF THE KATARUNGANG 8) What shall be the composition of
PAMBARANGAY the Pangkat?
PD 1293 – the law “CREATING A It shall be composed of three (3)
KATARUNGANG PAMBARANGAY members chosen from the
COMMISSION TO STUDY THE FEASIBILITY members of the Lupon. They shall
OF RESOLVING DISPUTES AT THE choose from among the three of
BARANGAY LEVEL them the Pangkat Chairman and
- promulgated on 27 January Pangkat Secretary.
1978 9) When shall the Pangkat be
constituted?
PD 1508 – the law “ESTABLISHING A The Pangkat shall be constituted
SYSTEM OF AMICABLY SETTLING DISPUTES whenever a dispute is brought before
AT THE BARANGAY LEVEL the Lupon.
RA 7160 – otherwise known as the 10) Who shall appoint the members of
“LOCAL GOVERNMENT CODE OF 1991 the Pangkat?
- provides for the REVISED The members of the Pangkat shall
KATARUNGANG be chosen by the parties of the
PAMBARANGAY LAW dispute from among the Lupon
- enacted on 10 October 1991 members. In case of
Q & A: disagreement, the Barangay
1) What is LUPONG Chairman shall draw lots.
TAGAPAMAYAPA?
It is a body of men created to 11) What matters fall under the
settle disputes within the jurisdiction of the Lupon?
barangay level. It is also referred a) those involving offenses
to as the LUPON. that are punishable by
2) What shall be the composition of the imprisonment of
the Lupon? one year and below, or
The Lupon shall be composed of a fine in the amount of
the Barangay Chairman as five thousand pesos
Chairman of the Lupon and the and below;
Barangay Secretary as the b) those involving parties
Secretary of the Lupon, plus other that actually reside or
members who shall be not less work in the same
than ten (10) but not more than barangay;
twenty (20). c) those involving marital
3) Who are qualified to become and family disputes;
members of the Lupon? d) those involving minor
Any resident of the barangay of disputes between
reputable character may be neighbors;
appointed as member of the e) those involving real
Lupon. Members of the Lupon properties located in
shall be appointed by the the barangay;
Barangay Chairman. 12) Where shall be the venue for
4) When shall the Lupon be amicable settlement?
constituted? a) disputes between persons
The Lupon shall be constituted actually residing in the
every three years. same barangay shall be
5) What is the term of office of a brought for amicable
Lupon member? settlement before the
A Lupon member shall serve for a Lupon of said barangay;
period of three years. b) those involving actual
6) What is the basic function of the residents of different
 d) those arising at the 6) Why should parties resort to
workplace where the amicable settlement before going to the
contending parties are police?
employed or at the Because it is a pre-condition to
institution where such filing of complaint in court:
parties are enrolled for “No complaint involving
study shall be brought in any matter within the authority of
the barangay where such the Lupon shall be filed directly in
workplace or institution is court unless there has been a
located. confrontation between the
parties before the Chairman or
PROCEDURE FOR AMICABLE SETTLEMENT the Pangkat, and that no
1) Who may initiate proceedings? conciliation or settlement has
Any individual who has a cause of been reached as certified by the
action against another individual Secretary, or unless the settlement
involving any matter within the authority has been repudiated by the
of the Lupon may complain, orally or in parties.”
writing, to the Lupon. 7) What shall be the effect of the
amicable settlement?
COMPLAINANT – the person who filed The amicable settlement shall
the complaint against the respondent have the force and effect of a final
judgment of a court upon the
RESPONDENT – the person who is being expiration of ten (10) days from
complained of the date of settlement.

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) What shall the Chairman do 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) What shall the Pangkat do after its

constitution?
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) Within how may days should the