PHILIPPINE CRIMINAL JUSTICE SYSTEM

ACCEPTED DEFINITIONS OF CJS

o It is a social institution and a system.

 As a social institution, the system attempts to meet society’s needs for law and order.
 As a system, criminal justice depends on due process involving the five pillars: law enforcement,
prosecution, court, correction, and the community.

DUE PROCESS – is provided by law and the Rules of Court with the goal of service of justice that is
effective, accurate, timely, fair and respectful to human rights.

o Is a process which the government follows when someone violates criminal law.

 This is a procedure sanction by law and the Rules of Court for those people allegedly committed a crime.
 Without criminal law violation first, then apprehension by the police, the system is not and cannot be
validly considered commence. Hence, it should be the police or law enforcer on the top of the list as the
initiator or more accurately consider as the prime mover of Criminal Justice System.
 However, we cannot deny the fact that community occupies special place in the system. Absence of this
pillar will paralyze the whole system.

o It comprises all the means used to enforce those standards of conduct which are deemed necessary to protect
individuals and to maintaining general community well-being.

o The machinery of the state or government, which enforces the rules of conduct necessary to protect life and
property and maintain peace and order.
PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community
STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
PILLARS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM:
1. Law Enforcement
2. Courts
3. Corrections
TWO-FOLD ROLE OF CJS

o The prevention of certain activity that is harmful to society; and

o The apprehension and the formal processing of individuals who have committed illegal acts.
EVENT THAT CALLS FOR THE OPERATION OF THE CRIMINAL JUSTICE SYSTEM:
o Crime is the event that calls for the operation of the Criminal Justice System.

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 o When a crime is committed, it disturbs the tranquilitiy and harmony of the society. Such event calls upon the
police to initiate police intervention by way of investigation or apprehension of those who violate the law; the
prosecutor to prosecute the case; the court to determine the guilt of the accused; and the rest of the system follows
as incumbent upon their role in the criminal justice process.
WHAT DEPARTMENT OF THE GOVERNMENT DEFINES AND PUNISHES AN ACT?
o The 1987 Philippine Constitution empowers the Legislative branch of the government or Congress, which is
composed of the Upper House or the Senate and the Lower House or the House of Representatives, with the
power to enact, modify or repeal laws. It is empowered to determine what acts are deemed harmful to our society
and punishes such acts in order to suppress them.

o Local legislative bodies (Sanggunian Panlalawigan, Sanggunian Panlungsod, Sanggunian Pambayan, Sanggunian
Pambarangay) are also authorized to enact laws that are criminal or penal in nature and are applicable or
enforceable only within their respective territorial jurisdiction.
BASIS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

o The Criminal Justice System is based on the enacted Criminal Law/Statues.

o Only violations of Criminal Law are being considered and processed in the Criminal Justice System.
o If there is no violation of Criminal Law or where there is no commission of the crime, in general Criminal Justice
as a process will NOT OPERATE.
CRIMINAL LAW is a branch of public law, which defines crime, treats of their nature and provides for their
punishment.

EXAMPLE:
CRIMINAL LAW BOOK 2
TITLE 8: Crimes against Persons
Art 246. Parricide
- Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of
Reclusion Perpetua to Death.
TWO CLASSIFICATIONS OF CRIMINAL LAW
o Substantive – defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
o Procedural – refers to statute that provides procedures appropriate for the enforcement of the Substantive
Criminal law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS
o Presumption of Innocence

 This means that those who are accused of crimes are considered innocent until proven guilty.
 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.
 No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until
proven guilty.

o Burden of Proof

 In criminal cases means that the government must proof beyond “reasonable doubt” that the suspect
committed the crime.
 In order to make sure that the only those who are guilty of the crime as punished, our Rules on Evidence
provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond
reasonable doubt is necessary.
 Unless his guilt is shown beyond reasonable doubt, he is entitled for an acquittal.

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 BEYOND REASONABLE DOUBT – excluding all the possibility of error and produces absolute
certainty.
PHILOSOPHICAL APPROACHES BEHIND CJS
o Adversarial Approach

 It assumes innocence.
 The prosecutor representing the state must prove the guilt of the accused.
 It requires the proper procedures designed to protect the rights of the accused.

o Inquisitorial Approach

 It assumes guilt.
 The accused must prove that they are innocent.
 The emphasis is on conviction rather than on the process by which conviction is secured.
CRIMINAL IN RELATION TO CJS
o Criminal is considered as the main character or star of the Criminal Justice System.
Three (3) different views:

 Criminological Sense - A person may be considered as a criminal from the time he or she committed the
crime regardless whether or not it has been referred or reported to the police for investigation.
 Legal Sense- A person may be considered a criminal only upon undergoing the judicial process and upon
determination by the Court that he or she is guilty beyond reasonable doubt.
 Criminal Justice Sense - A criminal may be defined as one who has undergone the process and went
through all the pillars of the Criminal Justice System.

The Different Nomenclature given to the Person who is being processed under the CJS

 At the police stage, during investigation, he is referred to as the SUSPECT.

 At the Prosecutors office, during the determination of the probable cause or during the Preliminary
investigation, he is referred to as the RESPONDENT.
 At the trial case, when a case has been filed in Court, he is referred to as the ACCUSED.
 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.
 It is only upon undergoing all the process when the person has served the sentence when he can really be
considered as a CRIMINAL.
CONCEPT OF JUSTICE

o It involves equal punishment for identical offenses and equal rewards to identical merits.
o “To render each his due.
o “Treat equals equally and unequal unequally in proportion to their
inequality.” Four Elements of Justice in order that justice may be dispensed of
absolutely

 The absolute ability to identify the law violator.

 The absolute ability to apprehend law violator.
 The absolute ability to punish law violator.
 The absolute ability to identify the intent of the law violator.
Four Types of Mistake that can happen when society attempts to administer justice

 The innocent is punished.

 The guilty escapes the punishment.
 The guilty are punished more severely than necessary.
 The guilty are punished less severely than necessary.

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PHILIPPINE CRIMINAL JUSTICE SYSTEM SETTING
Law Enforcement

o Also called the POLICE pillar. It occupies the frontline of the CJS because they are regarded as the initiator of the
system or the “prime-mover.”. They are also the first contact of the law violator in the CJS process. It
investigates, makes arrests and prepares evidence against the suspects needed to prosecute them.
Prosecution

o Takes care of evaluating the evidence and formally charges the suspects before the court. It serves as screening
process on whether to file a case base on evidence or dismiss the same and determines what particular crime shall
be formally filed and presents the burden of proof against the suspect.
Court
o Conducts arraignment and trial. It issues warrant of arrest if the accused is at large and acquits the innocent and
adjudicate penalty for the accused if found guilty.
Correction
o Responsible for the incarceration and rehabilitation of the convicted person to prepare for eventual reintegration
in the community.
Community
o Helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s re-entry and assists said
penitent offender lead a new life as a responsible member of the society.
o Not under or independent among the branches of the government.
FIRST PILLAR: LAW ENFORCEMENT
o The Law enforcement pillar is the branch of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
o The Law enforcement as the first pillars is considered to be the “initiator” or the “prime mover” of the Criminal
Justice System. This pillar is commonly referred to as the police pillar.
o This pillar is comprised of the different law enforcement agencies in the country such as the Philippine national
Police, the National Bureau of Investigation, the Philippine Drug Enforcement Agency, the Bureau of Customs,
the Bureau of Internal Revenue, and the Land Transportation Office, among many others.
Objectives:

 Crime Prevention – prevention and suppression of crimes have traditionally been accepted as the primary
goal of the local police forces.
 Criminal Apprehension – it is the responsibility of the police to identify, locate and apprehend offenders.
 Law Enforcement – it is the basic responsibility of the police to enforce the law.
 Order Maintenance – one of the most troublesome responsibilities of the police.
 Criminal Investigation – is one of the most vital participation of the police in the criminal justice system.
 Public Service – the police is the most visible symbol of authority, they are called upon to assist in
situations like locating a missing person or property, to provide VIP, bank and funeral escorts and other
similar duties.
 Traffic Regulation and Motor Accident Investigation – the police are expected to ensure road safety
for both pedestrians and motorists and assists in cases of accidents and emergencies.
PHILIPPINE NATIONAL POLICE

o Organized pursuant to RA 6975, as amended by RA 8551 as further amended by RA 9708.

o A law enforcement agency under the DILG.
o Under administrative control and operational supervision of the national Police Commission.

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 o It is an organization that is national in scope and civilian in character, as provided by Section 6, 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…”
RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:
o RA 6975
 the “Department of the Interior and Local Government Act of 1990”
 approved on December 13, 1990.
o RA 8551
 the “PNP Reform and Reorganization Act of 1998”
 approved on February 25, 1998.
o RA 9708
 “An Act extending 5 years the reglementary period for complying the minimum educational qualification
for appointment to the PNP and adjusting the promotion system thereof.”
 approved on August 12, 2009.
NATIONAL IN SCOPE
o It means that the PNP is a nationwide government organization whose jurisdiction covers the entire breadth
of the Philippine archipelago.
o All uniformed and non-uniformed personnel of the PNP are national government employees.
CIVILIAN IN CHARACTER
o It means that the PNP is not a part of the military, although it retains some military attributes such as
discipline.
POWERS AND FUNCTIONS OF THE PNP

o Enforce all laws and ordinances relative to the protection of lives and properties;
o Maintain peace and order and take all necessary steps to ensure public safety;
o Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in
their prosecution;
o Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and
pertinent laws;
o Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained
of all his rights under the Constitution;
o Issue licenses for the possession of firearms and explosives in accordance with law.
o Supervise and control the training and operations of security agencies and issue licenses to operate security
agencies and to security guards and private detectives, for the purpose of their professions.
POLICE ROLES AND FUNCTIONS IN THE SOCIETY
o LAW ENFORCEMENT

 The Philippine national Police has the power to enforce laws and ordinances relative to the protection of lives
and property, such as the revised penal Code, other special penal laws and city and municipal ordinances.

o CRIME PREVENTION

 The elimination of the opportunity for the commission of a crime.

The Anatomy of Crime
 For any crime to happen, there are three (3) elements or ingredients that must be present at the same time
and place; the Motive, Instrumentalities and Opportunity.
 Motive – refers to the reason or cause why a person or group of person will perpetrate a crime, such as
dispute economic gain, jealousy revenge insanity, thrill, intoxication, drug addiction etc.
 Instrumentality – is the means or implement used in the commission of the crime, such as firearm, bolo,
knife, ice pick, crowbar, picklocks etc.
 Opportunity – consists of the acts or omission and/or commission by the person (victim) which enables
another person or group of persons (the criminals) to perpetrate the crime.

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 Example:
• Leaving one’s home or car unattended for a long time.
• Walking all alone in a well-known crime prone alley.
• Leaving one’s home on car unattended for a long time.
• Wearing expensive jewellery in slum area.
• Readily admitting a stranger into one’s residence and the like.
It is synonymous with carelessness, acts of indiscretion and lack of crime prevention – consciousness on
the part of the victim. Whether a crime incident would happen or not, it will depend on the presence and
merging of Motive, Instrumentality and Opportunity at the same time and place.
o POLICE PATROL

 Patrol has been described as the backbone of the police department. Theoretically, patrol officers are the
most valuable people in the organization.
Objectives:
 Crime Prevention
 Law Enforcement
 Public Safety and Security
 Police Community Partnership

o CRIME DETECTION

 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:
 When the victim personally reports the crime to the police;
 When a witness personally reports the crime to the police;
 When the police catches an offender while in the commission of a crime.

o CRIMINAL APPREHENSION

 The legal term for criminal apprehension is arrest.

ARREST – is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
HOW ARREST IS MADE?
 An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of
the person making the arrest.
 No violence or unnecessary force shall be used in making an arrest.
 The person arrested shall not be subject to a greater restraint than is necessary for his detention.
DUTY OF ARRESTING OFFICER
 It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the
nearest police station or jail without unnecessary delay.
MODE OF ARREST
 Arrest by virtue of a warrant.
 Arrest without warrant.
An arrest may be made on any day at anytime of the day or night, even on a Sunday.

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 WARRANT OF ARREST
 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.
 Shall remain valid until the person to be arrested has been arrested or has surrendered.
HOW TO EXECUTE WARRANT OF ARREST?
 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 reason therefore.
CIRCUMSTANCES OF WARANTLESS ARREST: (Rule 113, Section 5)
Arrest without warrant; when lawful – A peace officer or a private person may, without a warrant, arrest a person:
 When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense;
 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
 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.
In cases falling under par a and b above, the person arrested without a warrant shall be forthwith delivered to
the nearest police station or jail and shall be proceeded against in accordance with Sec. 7 of Rule 112.
o SEARCH AND SEIZURE

 Search refers to the examination of an individual’s person, house, papers or effects, or other buildings and
premises to discover contraband or some evidence of guilt used in the prosecution of a criminal action.
SEARCH WARRANT

 An order in writing in the name of the People of the Philippine, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein, and bring it before the court.
 Has a validity period of TEN (10) days
 Can be served only once within its validity period.
PERSONAL PROPERTY TO BE SEIZED:

 Subject of the offense;

 Stolen or embezzled and other proceeds, fruits of the offense; or
 Use or intended to be used as the means of the commission of the offense.
TWO WITNESSES RULE
 No search of a house, room or any other premises shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient
age and discretion residing in the same locality.
CIRCUMSTANCES OF WARRANTLESS SEARCH
 Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court
 Seizure of evidence in plain view.
 Search of a moving vehicle.
 Consented warrantless search
 Custom search

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  Stop and frisk search, and
 Exigent and emergency circumstances

o CRIMINAL INVESTIGATION

 Is an art, which deals with identity and location of the offender and provides evidence of his guilt in criminal
proceedings.
NATIONAL BUREAU OF INVESTIGATION (NBI)
 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. (DOJ.
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
 Created by the virtue of Republic Act 9165.
 Serves as the implementing arm of the Dangerous Drugs Board (DDB).
 Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drugs
and/or controlled precursor and essential chemical as provided in RA 9165.
 Headed by Director General with the rank of Undersecretary, appointed by the President.
 The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant
Secretary, 1 for Operations and 1 for Administration, also appointed by the President.
SECOND PILLAR: PROSECUTION
o Prosecution is the course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
o In criminal action, it is a proceeding who instituted and carried on by due course of law, before a
competent tribunal, for the purpose of determining the guilt or
o The party in a criminal proceeding who instituted the criminal action is called the prosecution.
o The party against whom the criminal action was instituted is called the defense.
o In all criminal prosecutions, the real offended party is the People of the Philippines, for a crime is an outrage
against, and its vindication is in favor of, the people in a sovereign state. Thus, all criminal cases are titled “People
of the Philippines vs. (the name of the accused).
ROLE OF PROSECUTION IN CJS

 Determination of the legality of the action of the law enforcer.

 Evaluation of evidence presented takes place.
 Finding of probable cause to warrant prosecution known as Preliminary Investigation.
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL

o The prosecutor is the officer of the government whose function is the prosecution of criminal actions partaking
the nature of criminal actions. He is also referred to as public prosecutor and fiscal.
DUTIES OF PUBLIC PROSECUTOR
 To conduct preliminary investigation;
 To make proper recommendation during the inquest of the case referred to them by the police after
investigation of the suspect;
 To represent the government or state during the prosecution of the case against the accused.

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THE NATIONAL PROSECUTION SERVICE (NPS)
o The NPS was created by virtue of Presidential Decree No. 1275, entitle “Reorganizing the Prosecution Staff of
the Department of Justice and the Offices of the Provincial and City Fiscals, Regionalizing the Prosecution
Service and Creating the national Prosecution Service.” This law was enacted on April 11, 1978.
o The NPS is under the supervision and control of the department of Justice (DOJ) and is tasked as the prosecutorial
arm of the government.
o Headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to RA 10071, otherwise
known as the “Prosecution Service Act of 2010.”
PRELIMINARY INVESTIGATION
o Preliminary Investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be
held for trial (Sec. 112, Criminal Procedure, Rules of Court).
o It is required to be conducted before the filing of the information for an offense where the penalty prescribed
by law is at least 4 yrs., 2 mos., and 1 day.
o The purpose of conducting preliminary investigation is to establish probable cause.
PROBABLE CAUSE refers to the 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. It is a degree of evidence required in preliminary investigation.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
o Provincial or City Prosecutors and their assistants;
o Judges of the municipal trial courts and municipal circuit trial courts
o National and Regional State Prosecutors; and
o Other officers as may be authorized by law:
 Tanodbayan’s special prosecutors as authorized by the Ombudsman
 COMELEC’s authorized legal officers in connection with election offenses
 Special prosecutors appointed by the Secretary of Justice
PROCEDURE FOR PRELIMINARY INVESTIGATION (Section 3, Rule 122, Criminal Procedure)
1. There must be a complaint accompanied by the affidavit of the complainant and his witnesses as well as other
supporting documents to establish probable cause.

2. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within ten (10) days
after filing of the complaint.

3. The respondent shall submit his counter-affidavit and that of his witnesses within ten (10) days from receipt of
subpoena. If the respondent cannot be subpoenaed or if he failed to submit his counter-affidavit within the prescribed
period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complainant.

4. The investigating prosecutor may set hearing if there are facts or issues to be clarified. The hearing shall be held
within ten (10) days from the submission of the counter-affidavit, or from the expiration of the period of
submission. Such hearing shall be terminated within five (5) days.

5. Within ten (10) days after the investigation , the investigating prosecutor shall determine whether or not there is
sufficient ground to hold the respondent for trial. The termination of the hearing shall be the end of the
investigation.

6. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and
information. He shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor within
five (5) days from his resolution.

If the investigating prosecutor or chief state prosecutor shall act on the resolution within ten (10) days from receipt
and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by the investigating prosecutor without prior written
authority or approval of the provincial or city or chief state prosecutor.

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7. If the investigating prosecutor recommends the filing of the case but the provincial, city or chief state
prosecutor finds disapproves and wants the case dismissed, the provincial, city or state prosecutor may dismiss
the case without need for another preliminary investigation.
If the investigating officer recommends dismissal of the case but the provincial, city or chief state prosecutor
finds probable cause, the provincial, city or state prosecutor may file the information with the court without the need
for preliminary investigation.

8. In case either party is not satisfied with the findings of the provincial, city or state prosecutor, he may submit his
petition with the Secretary of Justice.

The Secretary of Justice has the power to modify the resolution of the provincial, city or chief state
prosecutor. The Secretary may affirm or reverse the resolution of the provincial, city or chief state
prosecutor without conducting another preliminary investigation.

WHEN PI IS NOT REQUIRED EVEN IF THE OFFENSE REQUIRES PI

o If a person is arrested lawfully without a warrant involving an offense which requires a preliminary investigation,
the penalty is at least 4 years, 2 months and 1 day, information or complaint may be filed against him without
need for PI. If he has been arrested in a place where an inquest prosecutor is available, an inquest will be
conducted instead of PI.
o In the absence or unavailability of an inquest prosecutor, the complaint may be filed directly with the proper court
on the basis of the affidavit of the offended party or arresting officer or person. (Sec. 7, Rule 112)
o REMINDER: Inquest proceeding applicable only when the accused is arrested without a warrant.
o The fact that a person was lawfully arrested without a warrant does not absolutely bar him from availing of
preliminary investigation because before the complaint or information is filed, he may ask that PI be conducted.
However, before he is granted the PI asked for by him, he must sign a waiver of the provision of Art. 125 of the
RPC. This penal code imposes a penalty upon a public officer or an employee who, although having detained a
person for some lawful grounds, fails to deliver the person arrested to the proper judicial authorities within the
periods of 12, 18 or 36 hours as the case maybe.
o An inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that
a crime has been committed and the respondent is probably guilty thereof shall be held on trial.
o It is required to be conducted before the filing of the information for an offense where the penalty prescribed by
law is at least four years, two months and one day.

TERMS TO REMEMBER:
o COMPLAINT - Is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer or other public officer charged with the enforcement of the law violated.
o INFORMATION - An accusation in writing charging a person with an offense subscribed by the prosecutor and
filed with the court.
o PLEADINGS - Written statements of the respective claims and defenses of the parties submitted to the court for
appropriate judgement. (Rule 6, Sec. 1, Rules of Court)
o AFFIDAVITS - A statement of facts under oath.
o SUBPOENA - is a process directed to a person requiring him to attend and to testify at the hearing or the trial of
an action, or at any investigation conducted under the law, or for the taking of his deposition (Section 1, Rule 23,
Rules of Courts).
o OFFENDED PARTY - The person against whom or against whose property the crime was committed.
o PEACE OFFICERS - Officers directly charged with the preservation of peace, law and order includes
members of the PNP.
INQUEST PROCEEDING
o Is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially those arrests
made without a warrant. Each police station or headquarters should in principle also have designated inquest
prosecutors to process inquest procedures with a schedule of assignments for their regular inquest duties.
o This process requires the prosecutors to resolve the complaint the police filed in a prescribed period in which
varies depending on the gravity of the offense.
Light penalties = 12 hours

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 Correctional penalties = 18 hours
Afflictive penalties = 36 hours

BAIL
o Is defined as the security given for the release of the person in the custody of the law, furnished by him or the
bondsman, to guarantee his appearance before any court as required under the conditions as specified.
o The purpose of bail is to secure the appearance of the accused before the court when so required and to provide
the accused of his temporary liberty while awaiting the processing and disposition of the case filed against
him.
KINDS OF BAIL

 Property Bond
 Corporate Surety
 Cash Deposit
 Recognizance
BAIL, A MATTER OF RIGHT; EXCEPTION

 Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and
 Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua or
life imprisonment.
BAIL, WHEN DISCRETIONARY

 Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary.
 If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accuse, of the
following or other circumstances:
 That he is a recidivist, quasi recidivist, or habitual delinquent, or has committed the crime aggravated by the
circumstance of reiteration;

Recidivism - when the offender has been convicted by two felonies that has been embraced in the same title
of the Revised Penal Code.

Quasi-Recidivism - when a person has been convicted by a final judgement of any crime whether the first
conviction is for a felony or an offense punished by a special law. But before serving or while serving the
sentence, he commits another felony.

Habitual Delinquent - when an offender who within the period of 10 years from his last conviction or
release shall have been found guilty of any of these crimes:
 Robbery
 Theft
 Serious Physical Injury
 Less Serious Physical Injury
 Estafa
 Falsification
Reiteration - the offender is convicted of two crimes but there is no requisite that the two crime must
belong to the same title of the code. The second felony committed must be greater or equal to the penalty that
is imposable.

 That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his
bail without valid justification.
 That he committed the offense while under probation, parole, or conditional pardon.
 That the circumstances of his case indicate the probability of flight if released on bail; or
 That there is undue risk that he may commit another crime during the pendency of the appeal.

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THIRD PILLAR: COURT
o Court, as the third pillar, is said to be the centerpiece of the criminal justice system and its primary and most
important function as a component of the criminal justice system is to decide whether the accused is guilty or not
guilty of the crime he is accused of committing. It is within the power of this pillar to end the process for the
accused or to proceed with the next pillar, which is correction.
o A body to which the public administration of justice is delegated, being a tribunal officially assembled under
authority of law at the appropriate time and place for the administration of justice through which the State
enforces its sovereign rights and powers.
o A court is 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 pubic for the administration of justice.
JUDICIAL POWER
o Is the 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. It is vested in one Supreme Court and in such lower courts as may be established by law.
POWER OF JUDICIAL REVIEW
o It is the power of the Supreme Court to determine whether laws passed by Congress and acts of the president are
in accordance with the Constitution when the matter is raised.
NOTE: All courts have judicial power but only the Supreme Court has the power of judicial review.
JURISDICTION
o It is the authority of the court to hear and try a particular offense and to impose the punishment provided by law.

VENUE

o Refers to the place, location or site where the case is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION
o Jurisdiction over the Subject Matter

 The offense, by virtue of the imposable penalty or its nature, is one which the court is by law authorized to
take cognizance of.

o 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.

o Jurisdiction over the Territory

 The offense must have been committed or any of its essential ingredients took place within the territorial
jurisdiction of the court.
 It cannot be waived and where the place of the commission was not specially charged, the place may be
shown by evidence.
KINDS OF JURISDICTION
o General – when the court is empowered to decide all disputes which may come before it except those assigned
in other courts.
o Limited – when the court has the authority to hear and determine only a few specified cases.
o Original – when the court can try and hear a case presented for the first time.
o Appellate – when the court can try a case already heard and decided by a lower court, removed from the latter
by appeal.
o Exclusive – when the court can try and decide a case in which cannot be presented before any other court.
o Concurrent – when any of two or more courts may tae cognizance of a case.

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THE PHILIPPINE JUDICIARY
Batas Pambansa Blg. 129 – otherwise known as the Judiciary Reorganization Act of 1980 in which defines the
organization, composition and jurisdiction of the courts.
o REGULAR COURTS

1. Supreme Court (SC)

 The highest court of the land.

 Composed of a Chief Justice and 14 Associate Justices.
 Has appellate jurisdiction over cases decided by the Court of Appeals and has the power of judicial
review.
 The court of last resort.
2. Court of Appeals (CA)

 Headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.

 Has appellate jurisdiction over cases decided by the Regional Trial Courts.
 It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of
the Court of Tax Appeals.
3. Regional Trial Courts (RTC)

 Presided by a Regional Judge.

 Has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with
imprisonment of six (6) years and one (1) day and over.
 Has appellate jurisdiction over cases decided by the MTTT, MTC, MeTC and MCTC.
4. Municipal Trial Courts / Municipal Trial Courts in Cities / 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 fine, (c) damage to property through criminal
negligence.
MUNICIPAL TRIAL COURTS (MTC)
 Every municipality in the Philippines has its own Municipal Trial Court and every MTC
covers only one municipality.
MUNICIPAL TRIAL COURTS IN CITIES (MTCC)
 These are the equivalent of the Municipal Trial Courts in cities outside Metropolitan Manila.
MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

 A Municipal Circuit Trial Court is a municipal trial court in which covers two or more municipalities.
METROPOLITAN TRIAL COURTS (MeTC)
 Are Municipal Trial Courts in the cities in the Metropolitan Area as distinguished from other
political subdivisions in the Philippines.

o SPECIAL COURTS
1. Sandiganbayan

 Created under Presidential Decree No. 1606.

 Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
 It is composed of a Presiding Justice and fourteen (14) Associate Justices.
 This special court is 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.

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  It has original exclusive jurisdiction over public officers accused of committing crimes in relation to their
official functions and whose salary grade is 27 and above.
2. Court of Tax Appeals (CTA)

 Created by the Republic Act No. 1125, as amended by Republic Act. 9282.
 Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.
 It is composed of a Presiding Justice and five (5) Associate Justices.
 It has both the original and appellate jurisdictions over civil and criminal tax cases involving the National
Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code.
3. Shari’a Courts

 Created pursuant to Presidential Decrees 1083, otherwise known as the Code of Muslim Personal Laws of
the Philippines.
 It has exclusive jurisdiction over cases that pertain to family rights and duties as well as contractual
relations of Filipino Muslims and decisions rendered by the Shari’a District Courts are final.
JUDICIAL AND BAR COUNCIL
o The Judicial and bar Council, or JBC, is a body created by the 1987 Philippine Constitution under the supervision
of the Supreme Court. It has the principal function of recommending appointees to the Judiciary. All justices and
judges are appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar
Council.
CRIMINAL PROCEEDINGS
1. Arraignment
2. Pre-Trial
3. Trial
4. Judgement
5. Appeal
FIRST STAGE: ARRAIGNMENT
o The reading of the criminal complaint or information to the defendant, by the judge or clerk of court, and the
delivering to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not
guilty as charged.
o The stage where the accused is formally informed of the charges against him by reading before him the
information or criminal complaint and asking him whether he pleads guilty or not guilty as charged.
o The stage where the issues are joined criminal action and without which the proceedings cannot advance
further.
o Requires that the accused be personally or physically present in court.
PLEA is the response of the accused when asked whether he is guilty or not guilty of the offense charged.
It is of two kinds:

 Guilty, which must be unconditional; and

 Not Guilty
SECOND STAGE: PRE-TRIAL
o A conference called by the judge that requires the presence of both the prosecution and the accused before the
beginning of a trial.
o Mandatory in all criminal cases.
THE FOLLOWING ARE TO BE TAKEN UP DURING THE CONFERENCE:

 Plea bargaining; - the process whereby the accused, the offended party and the prosecution work out a
mutually satisfactory disposition (agreement) of the case subject to court approval.
 Stipulation of facts;

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  Marking for identification of evidence of the parties;
 Waiver of objections to admissibility of evidence;
 Modification of the order of trial if the accused admits the charge but interposes a lawful defense;
 Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
THIRD STAGE: TRIAL
o Trial is the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a
case, for the purpose of determining such issue. It is the period for the introduction of evidence by both parties.
o The period for the introduction of evidence by both parties.
o It shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the Supreme
Court.
FOURTH STAGE: JUDGEMENT
o The adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition of the proper penalty and civil liability.
o Defined as the decision or sentence of the given by a court as the result of proceedings instituted therein.

JUDGMENT OF CONVICTION – if the judge finds the accused guilty of the charges against him. JUDGMENT OF
ACQUITTAL – if the judge finds the accused not guilty of the charges against him. CONTENTS OF THE
JUDGEMENT
o If the judgement is of conviction, it shall state:

 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; and
 The civil liability or damages caused by his wrongful act or omission to be recovered from the accused by
the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has
been reserved or waived.
 In case the judgement is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to
prove the guilt beyond reasonable doubt. In either case, the judgement shall determine if the act or omission
from which the civil liability might arise did not exist.
RENDITION OF JUDGEMENT
o The writing of the judgement by the Judge.
PROMULGATION OF JUDGEMENT
o Is an official proclamation or announcement of the decision of the court. The judgment is promulgated by
reading in the presence of the accused and any judge of the court in which it was rendered.
A JUDGEMENT BECOMES FINAL:
 When the period for perfecting appeal 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; and
 When the accused applies for probation.
FIFTH STAGE: APPEAL
o The elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means
of a document which includes the assignment of errors, memorandum of arguments in support thereof, and the
reliefs prayed for.
o An appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting
an appeal.

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 o The accused may or may not appeal his case.
o When the accused decides not to appeal his case, the decision becomes final and executory.
o On appeal, the State is represented by the Solicitor General.

Where to Appeal
 To the Regional Trial Court – in cases decided by the Metropolitan Trial Court, Metropolitan Circuit Trial
Court in Cities, Municipal Trial Court or Municipal Circuit Trial Court;
 To the Court of Appeals or Supreme Court in proper cases provided by law – in cases decided by the
Regional; and
 To the Supreme Court – in cases decided by the Court of Appeals.
FOURTH PILLAR: CORRECTIONS

o Is the fourth of the criminal justice system. It is the branch of administration of criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted offenders. It also deals with punishment,
treatment and incarceration of offenders.
o It is composed of the Institutional and non-institutional agencies of the government.
CORRECTION

o Is that branch of administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders.
o The purpose of which is preventing a repetition of the unlawful activities without necessity of taking punitive
action.
PURPOSES/OBJECTIVES OF MODERN CORRECTIONS:

 RETRIBUTION

 Imprisonment is supposed to be the payment of the offender to the victim or the victims family for the
crime that he committed against him or them.

 DETERRENCE

 Imprisonment is supposed to discourage convicted offenders from committing crimes again because of
their experience in the prison or jail.
 At the same time imprisonment is supposed to discourage.

 ISOLATION

 Convicted offenders are separated from society to prevent them from committing another crime.
 At the same time, imprisonment protects law-abiding citizens from the harm criminals may inflict on
them.

 REFORMATION

 This involves the use of punitive and disciplinary measures such as solitary confinement to modify or
reform criminal behavior whose conduct and deportment is not totally responding to rehabilitation
programs.

 REHABILITATION

 Based on the premise that through correctional intervention, such as educational and vocational training
and psychotherapeutic programs, an offender may be changed.

 REINTEGRATION

 The effort of correction to change criminal behavior should result in a situation and ability on the part of
the penitent offender to return to society in some productive and meaningful capacity in a free
community.

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PENOLOGY
o A branch of criminology which deals with the treatments, management and administration of inmates.
PENALTY
o The suffering that is inflicted by the state for the transgression of the law.
o Refers to punishment imposed by lawful authority upon a person who commits a deliberate or negligent act.
o Penalty can take the form of imprisonment, payment of fines and damages, among others.
THEORIES OF 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 and 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.
JUDICIAL CONDITIONS OF PENALTY

 Judicial and Legal – penalty must be imposed by the proper authority and by virtue of a judgement 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 impose only to the person who actually committed the crime with no
substitutes.
 Equal – penalty must be applied to all who committed the offense.
PUNISHMENT
o It is the redress that the state takes against the offender member of society.

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE OF CJS

o Correctional institutions enter into the picture, as a rule, when the conviction of the accused has become final and
executor. That is, when the judicial process has been completed and the court issues MITTIMUS for the
enforcement of its decision.
o Although, Correctional institutions, Jails in particular, may receive an accused for custody or detention only, in
which case the court issues a COMMITMENT ORDER.
MITTIMUS – 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 – is a written order of a court or authority consigning a person to jail or prison for
detention.
TWO DIVISIONS OF CORRECTION
o Institutional Corrections
o Non-Institutional Corrections
PROGRESS OF CORRECTIONS IN THE PHILIPPINES
o OLD BILIBID PRISON 1874

 On OROQUIETA STREET IN MANILA. It was formally opened on April 10 1866 by a Royal Decree. It was
formerly known as MAYHALIQUE ESTATE, and intensively for boys town but now it is currently known as
MANILA CITY JAIL, “CARCEL y PRESIDIO CORRECTIONAL”
 Later, it was transferred to its new site in Muntinlupa.

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 o BUREAU OF PRISONS
 Created pursuant to Act. No. 1407 (Reorganization Act of 1905) on November 1, 1905 , under the
Department of Public Instruction until it was transferred to the then Ministry of Justice, now Department of
Justice (DOJ).
 The Bureau of Prisons was renamed BUREAU OF CORRECTIONS under the New Administrative Code of
1987 (EO 292) Issued on November 22, 1989.

SEVEN (7) PRISON AND PENAL FARMS IN THE PHILIPPINES

o SAN RAMON PRISON AND PENAL FARM

 Was established in Southern Zamboanga on 21 August 1869.

 Was established during the tenure of Governor General Ramon Blanco, whose patrol saint the prison
was named after.
 was established originally for persons convicted of political crimes.

o IWAHIG PENAL COLONY

 Americans established in Nov. 14 1904, the LUHIT PENAL SETTLEMENT (now Iwahig Prison and Penal
Farm) on a vast reservation of 28,072 hectares. It would reach a total land area of 40,000 hectares in the late
1950’s.
 it was located on the westernmost part of the archipelago far from the main town to confine incorrigibles with
little hope of rehabilitation.
o NEW BILIBID PRISON

 On January 22, 1941. The prison reservation had an area of 587 HECTARES, part of which was arable. The
prison compound proper had an area of 300 x 300 meters or a total of nine hectares. It was surrounded by three
layers of barbed wire.
 Muntinlupa City
 Lethal Injection is located
 Construction began on 1936 with a budget of One million pesos

 Maximum Security – for those whose sentence is twenty years and above.
 Medium Security – also called Camp Sampaguita, for sentence is less than twenty years.
 Minimum Security – also called Camp Bukang Liwayway, for those who are physically-
handicapped, sixty-five (65) years old and above, and those who have only six (6)
months remaining in their sentence.

o DAVAO PENAL COLONY

 Tagum, Davao del Norte

 Approximate Land Area is 30,000 hectares
 First penal settlement organized under Filipino Administration
 General Paulino Santos – 1st Penal Superintendent
 Jan. 21 1932 (Act 3732 and Proclamation 414 series 1931) signed by GOV. DWIGHT DAVIS
 During World War II, the colony was converted into a concentration camp where more than 1,000 Japanese.

o SABLAYAN PRISON AND PENAL FARM

 Sablayan Occidental, Mindoro

 It was established on September 27, 1954 by virtue of Proclamation no. 72
 It has a total land area of 16,190 hectares and it becomes 16,408.5 hectares.
 Agriculture is the principal activity and Rice is the main product.
 It has 4 sub-colonies, Central, Pusog, Pasugui, Yapang. (CPPY)

o LEYTE REGIONAL PRISON

 Abuyog, Leyte
 861 Hectares
 Established Jan. 16, 1973, by Ferdinand E. Marcos by virtue of Presidential Decree No. 28
 Considered as the Youngest Prison

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o CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

 Nov. 27, 1929

 Establishment of the Correctional Institution for Women in MANDALUYONG City under Act No. 3579 and
also in DAVAO City
 Its old name was “WOMEN’S PRISON”
 Total land area is 18 HECTARES
 In 1934, the position of FEMALE SUPERINTENDENT was made for the operation of this penal facility

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INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

o BUREAU OF CORRECTIONS (BuCOR)

 An attached agency of the department of Justice.

 Principal task is for the rehabilitation of prisoners.
 Maintains its offices at the New Bilibid Prison Compound, Muntinlupa City.
 Exercises over all control and supervision of all the corrections/prisons facilities nationwide.
 Has custody of prisoners sentenced to imprisonment of more than three (3) years.

o PROVINCIAL JAILS

 Jails for the safekeeping of prisoners at the capital of each province. It shall be under the supervision and
control of the provincial governors.

o BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP)

 Created by virtue of the republic Act 6975, exercises supervision and control over all district, city and
municipal jail nationwide. Formally established on January 2, 1991.
 Task for the custody, security, rehabilitation of convicted person with a penalty of those three (3) years of
imprisonment and below and those pending investigation or trial.

CLASSIFICATION OF PRISONERS (PD 29)

o According to Sentence / Place of confinement.

 National or Insular Prisoner – one who is sentenced to serve a prison term of three years and one day to
death.
 Provincial Prisoners – one who is sentenced to serve a prison term of six months and one day to three years.
 City Prisoners – one who is sentenced to serve a prison term of one day to three years.
 Municipal Prisoner – one who is sentenced to serve a prison term of one day to six months.

o According to fine:

 National or insular – one who is sentenced to serve a prison term of three years and one day to death or
whose fine is more than 6,000.00, or both.
 City/Provincial prisoner – one who is sentenced to serve a prison term of six months and one day to three
years or whose fine is less than P6,000.00 but more than P 200.00, or both.
 Municipal prisoner – one who is sentenced to serve a prison term of one day to six months or whose
fine is not more than P200.00, or both.

o According to Status:

 Detention prisoners – those held for security reasons, investigation; those awaiting or undergoing trial and
awaiting judgment.
 Sentenced prisoners – those convicted by final judgment and serving their sentence.
PRISON

o Derived from the Spanish word, “presidio”

o Under the supervision of the national government through the Bureau of Corrections under the Department of
Justice.
o Has the custody over convicted offenders whose sentence is imprisonment of three years and 1 day and above.

JAIL
o Derived from the Spanish words, “jaula” and “caula.”

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 o Under the supervision of the local government through either the Office of the Provincial Governor or Bureau of
Jail management and Penology, both under the Department of Interior and Local Government (DILG).
o Has custody over the convicted offenders whose sentence is imprisonment of three years or less.
o Has the custody over offenders who are in detention while undergoing investigation, undergoing trial and
awaiting judgment.
NON-INSTITUTIONAL CORRECTIONS IN THE PHILIPPINES
BOARD OF PARDONS AND PAROLE
o Grants parole and recommend to the President the grant of any form of executive clemency to deserving prisoners
or individuals.
o Reviews reports submitted by the parole and Probation Administration and make necessary decisions.
o A functional unit under the department of Justice.
PAROLE AND PROBATION ADMINISTRATION
o Originally called Probation Administration and was created by virtue of PD. 968 of 1976 to administer the
probation system.
o Was renamed parole and Probation Administration by Executive order No. 292.
o Given the added function of supervising prisoners who, after serving [art of their sentence in jails or prisons,
are released on parole with parole conditions.
o An attached agency to the Department of Justice.
DEPARTMENT OF SOCIAL AND WELFARE DEVELOPMENT (DSWD)
o Render services for Children in Conflict with the law (CICL) (RA 9344, Juvenile Justice and Welfare Act of
2006, April 28, 2006).
EXECUTIVE CLEMENCY
o The collective term for the absolute pardon, conditional pardon, reprieve, commutation of sentence.
PARDON

 Is a form of executive clemency granted by the President as a privilege extended to convicts as a

discretionary act of grace.
TWO KINDS OF PARDON
 ABSOLUTE PARDON – refers to the total extinction of the criminal liability of the individual to whom
it is granted without any condition whatsoever and restores to the individual his civil rights.
 CONDITIONAL PARDON – refers to an exemption of an individual, within a certain limits or
conditions, from the punishment that the law inflicts for the offense he has committed resulting in the
partial extinction of his criminal liability.
REPRIEVE

 The temporary stay of the execution of a sentence, usually a death sentence.

 Another prerogative exercised by the President.
 Generally, applied to death sentences already affirmed by the Supreme Court.
COMMUTATION OF SENTENCE

 An act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term.
 Refers to the reduction of the duration of a prison sentence.
 Another prerogative of the President.
AMNESTY

 A special form of pardon exercised by the President.

 A general pardon extended to a certain class of people who are usually political offenders.
 Needs the concurrence or approval of Congress.

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PAROLE
o A method by which a prisoner who has served a portion 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.
o Granted to convicted offenders who have served a portion of their sentence as provided by law granted by the
Board of Pardons and Parole.
PROBATION
o A disposition, under which a defendant after conviction and sentence, is released subject to the
conditions imposed by the Court and to the supervision of a probation officer.
Probation Law of the Philippines

(PD 968, as amended, July 24, 1976)

Disqualified Offenders are: (as amended by RA 10707, approve into law on Nov 26, 2015)

 Sentenced to serve a maximum term of imprisonment of more than 6 years.

 A penalty of six years and one day is not entitled to the benefits of the law.
 In Francisco v. CA, 243 SCRA 384, the Supreme Court held that in case of one decision imposing multiple
prison terms, the totality of the prison terms should not be taken into account for the purposes of determining
the eligibility of probation.
 The law uses the word “maximum term, and not total term.
 It is enough that each of prison term does not exceed 6 years. The number of offenses is immaterial for as
long as the penalties impose, when taken individually and separately, are within the probational period.
 Convicted of any crime against National Security (amended by RA 10707) Note:
Before crimes against public order is included to the disqualification.

 Who have previously been convicted by final judgement of an offense punished by imprisonment of more
than six (6) months and one (1) day and/or a fine of more than one thousand pesos (P1,000).
 Who have been once on probation under the provisions of this Decree.
 Who are already serving sentence at the time of the effectivity of this Decree.
FIFTH PILLAR: COMMUNITY
ROLE OF THE COMMUNITY AS THE FIFTH PILLAR OF THE CRIMINAL JUSTICE SYSTEM
o The community is understood to mean as “elements that are mobilized and energized to help authorities in
effectively addressing the law-and-order concern of the citizenry.”
THE RESPONSIBILITIES OF THE COMMUNITY IN RELATION TO LAW ENFORCEMENT
o As one of the pillars or components of the Criminal Justice System, the community with its massive
membership has vital responsibilities in law enforcement.
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.
Crime prevention activities must include those that have greatest potential for crime reduction and
improving the quality of life. These may be accomplished by the following:
o Reinforcing and strengthening the basic social institution.
o To provide quality but less costly education up to tertiary level.

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 o Providing health-care programs by the DOH and PHILHEALTH for those who are considered victim of illegal
drugs especially in the areas where there are rampant drug abuse problems.
o Providing recreation programs for the youth to prevent delinquency and drug abuse.
o Active participation of the mass media in educating the public against criminality.
o Providing and creating job opportunities for those unemployed and underemployed with the assistance of
Department of Labor and Employment.
The success of the Criminal Justice System, specifically the community pillar will be based on the role
performances of the following:
o The Family
o The Barangay
o The Schools
o The Government
o The Private Sectors (NGOs)
o The Church
o The Mass and Social Media
KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)
PD 1293 – the law “Creating a Katarungang Pambarangay Commission to Study the Feasibility of Resolving Disputes
at the Barangay Level”
PD 1508 – the law “Establishing a System of Amicably Setting 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 October 10 1991.
LUPONG TAGAPAMAYAPA
o It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON.

LUPON

o The LUPON shall be composed of the barangay Chairman as Chairman of the LUPON and the barangay
Secretary as the Secretary of the LUPON, plus other members who shall not be less than ten
(10) but not more than twenty (20).
o 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.
o The LUPON shall be constituted every three years.
o A LUPON member shall serve for a period of three years.
o Essentially, the LUPON must provide a forum for matters relevant to the amicable settlemt of disputes for the
speedy resolution of disputes.
PANGKAT TAGAPAGKASUNDO
o It shall acts as the conciliation panel. It is also referred to as the PANGKAT.
o It shall be composed of three (3) members chosen from the members of the LUPON. They shall choose from
among the three (3) of them the PANGKAT Chairman and PANGKAT Secretary.
o The PANGKAT shall be constituted whenever a dispute is brought before the LUPON.
o The members of the PANGKAT shall be chosen by the parties of the dispute from among the LUPON
members. In case of disagreement, the barangay Chairman shall draw lots.
MATTERS THAT FALL UNDER THE JURISDICTION OF THE LUPON:
a. 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;
b. Those involving parties that actually reside or work in the same barangay;
c. Those involving marital and family disputes;
d. Those involving minor disputes between neighbors;

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e. Those involving real properties located in the barangay.
VENUE FOR AMICABLE SETTLEMENT

a. Disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the
LUPON of said barangay;
b. Those involving actual residents of different barangays within the same city or municipality shall be brought in the
barangay where the respondent actually resides;
c. All disputes involving real property or any interest shall be brought in the barangay where the real property or the
larger portion is situated;
d. 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 STEELEMENT
o 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.
COMPLAINANT – the person who filed the complaint against the respondent.
RESPONDENT – the person who is being complained.
CAUSE OF ACTION – an act or omission of one property in violation of the legal rights of another for which the
latter suffers damage in which affords a party to a right to judicial intervention.
MEDIATION OR CONCILIATION
o the process whereby disputants are persuaded by the Punong barangay or Pangkat to amicably settle their
disputes.
PROCESS

 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.
 The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman,
to hear both parties.
 The Pangkat 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.
 The Pangakat shall meet not later than three (3) days after their constitution, on the date set by the Chairman,
to hear both parties.
 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.
 All amicable settlement shall be in writing.
IMPORTANCE OF RESORTING AMICABLE SETTLEMENT BEFORE GOING TO THE POLICE
o Disputes that fall under the jurisdiction of the barangay must be brought to the barangay before it can be
brought to the police. Parties must attempt to have their disputes amicably settled at the barangay level because
the law dictates that it is a pre-condition to filing of complaint in court. As stated in Section 412 of RA 7160:
“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.”

o The amicable settlement shall have the force and effect of a final judgment of a court upon expiration of ten (10)
days from the date of settlement.

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