Chapter 1

INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Basic Concepts

Crime - It is an act committed or omitted in violation of public laws forbidding or commanding

it.

-It is an act which does not conform to the norms and standards of the society.

Act - It is a bodily movement tending to produce an effect in the external world.

Criminal law - It is a branch or division of law which defines crimes, treats of their nature and
provides for their punishment.

Omission - Is means inactions, failure to perform a positive duty which is bound to be done.

Due Process - A law which hears before it condemns; which proceeds upon inquiry and render
judgment after trial.

Procedural Due Process - Hears before condemns which proceeds upon inquiry and renders
judgment only after trial.

Substantive Due Process - Requires the intrinsic validity of the law in interfering with the rights
of the person to his life, liberty or property.

Criminal - It refers to any person finally convicted by a competent court in violation of criminal
law.

Justice - Principle dealing with fairness, equality in the application

System - Is one which consists of several parts that interact with each other to serves some function
and meet some objectives.

Criminal Justice System - It is the sum total of instrumentation which a society uses in the
prevention and control of crimes.

- The machinery uses by the government to protect the society against

criminality and other peace and order problem.

- An integrated apparatus that is concerned with the apprehension,

prosecution, sentencing and reforming/ rehabilitating criminals.

Two classification of crime felonies according to the means and by which they are
committed

A. Intentional Crime
1. Freedom
2. Intelligence
3. Intent

B. Crime by Culpa (FAULT)

1. Freedom
2. Intelligence
3. Negligence/Imprudence or Lack of Foresight/Skill.

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Stages in the Execution of Crime

Attempted Crime

There is an attempted when the offender commences the commission of a felony directly by
overt acts and does not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own spontaneous desistance.

Frustrated Crime

It is frustrated when the offender performs all the act of execution which would produce the
felony is a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.

Consummate Crime

1. Felony -act or omission in violation of the Revised Penal Code

2. Offence -act or omission punishable by Special Penal Laws.

3. Misdemeanor -act or omission in violation of the city or Municipality ordinances.

Classification of Crime based on Nature

1. Mala inse - act is wrong from the very beginning

2. Mala Perse - act is wrong because it is immoral.

3. Mala prohibita - the act is wrong because there is a law prohibiting it.

Classification of Crime based on NUCCR

1. Index - act or omission in violation of the Revised Penal Code

2. Non Index - or omission punishable by Special Penal Laws.

Distinction between Private Crime and Public Crime

Public Crime - Are those committed against society, which produces direct damage or prejudice
common to all it members, while;

Private Crime - Are those committed against individuals, particularly against their chastity but
do not produce danger prejudice common to all members of the society.

Common Crime Laws - This refers to be body of principles; usage's and rules of actions, which
do not rest for their authority upon any Express and positive declaration of the will of the
legislature.

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CRIMINAL JUSTICE SYSTEM AS A SYSTEM

NATURE OF CRIMINAL JUSTICE SYSTEM

Mortimer J. Adler's two precepts as indicating the true essence of justice; first "render to
each his due" and second, "treats equal equally and unequal unequally is proportion to their
inequality to each according to his deserts".

JUSTITIA

The goddess of justice is considered to be a symbol of justice. In her left hand, she hold a
scales (symbolic of using just weight for measuring goods and of having balanced opinions), and
in her right hand, a sword (to ensure that justice is the victory). To present impartial judgment, she
wears a blindfold.

ANATOMY AND BREEDING GROUNDS OF CRIMINALIT

Breeding Ground of Criminality (Causes of Crime)

1. Poverty

• The problem of massive can be singled out as the primary breeding ground or roof causes of
crime in all underdeveloped countries, including the Philippines. This is characterized by the
widespread unemployment, low income productivity, malnutrition, big families and rapid
population growth standards living and the like.

• There are so many out - of - school youth. Unemployment College graduates,

underemployment professionals such as teachers serving as domestic helper abroad.

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 • Because of poverty and its concomitant deprivations and hardships, many become desperate
and are forced by circumstances to resort to crime; just so, they could alleviate or escape
from their miseries and frustration.

2. Ignorance

• This factor is widespread among our people who lack knowledge and understanding about
many things, which they should and are presumed to know as citizens.

• Many become victims of crime because they are not aware of its repercussions, many
criminal ls especially the first offenders, readily perpetrated crimes based on mistaken notion
and false belief. Many become victims of crime because they are not aware of the modus
operandi of crime syndicates and are not crime prevention - conscious.

3. Injustice/Abuses

• This factor in itself already constitutes several crimes by themselves. As if these were not
enough yet, such that they serve to span and trees more crime to happen as aftermath thereof.

4. Soft State

• This pertains to a system government characterized by non-enforcement of several laws and

ordinances, massive graft and corruption, absenteeism on the part of government officials,
lack of basic services and other ugly symptoms.

5. Fear

• This problem is so pervasive that it effects practically the entire society, whether rich or poor.

• Victims of crime and their witnesses are easily threatened to keep silent and not to file
charges and testify in court.

6. Lost Family Value

• Lost family values loosen family ties, resulting to many broken homes or families. As
children are separated from their parents or reared by single parents, they go wayward and
become misguided. Many become addicted to prohibited drugs, unwed and or separated
parents and eventually become criminals or victims of a crime.

7. Other like movies, modern technology, personality disorders, biological (hereditary) and
environment.

Other Basic Causes of Crime (by Tradio)

1. Hatred 4. Insanity
2. Passion 5. Revenge
3. Personal Gain 6. Unpopular
Laws

GOALS of CJS
1. Protect members of the society
2. Maintain peace and order
3. Crime prevention
4. Suppression of criminal conduct
5. Review the legality of existing rules and regulation
6. Rehabilitation and reformation of offender

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 A. Components of Criminal Justice System

American Concept

1. Law Enforcement
2. Court
3. Correction

Philippine Concept

1. Law Enforcement – Prime mover of CJS; arrest offenders/violators of law

2. Prosecutor – gather necessary evidence with the help of law enforcement

- Determine the existence of prima facie case

- File and prosecute the case in court

3. Court – body vested with the power to try, hear and decide case brought before it.

4. Correction – weakest pillar of CJS; control those who were convicted by the court and
segregate theme from the community.

5. Community – is where the criminal came from

–It is the person convicted of an offence will finally stay after serving their sentence.

➢ The first four pillars constitute the Formal part of the criminal justice system, being officially
part of the duly constituted government. The fifth or community pillar is the informal part the
CJS, as it not part of the official government. All the pillars and both the formal and the
informal parts play a very important and crucial roles in making the Criminal Justice System
work affectivity in combating and reducing crime.

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

Introduction:

Criminal Justice System – is an introductory in a recently revised four – year Criminology

Education approved on May 23, 1983 under MECS (now DEP ED) Order No. 22, series of 1983
effective SY 1983 -1984.

The purpose of integration is to appraise future law enforcers on their rules in the community.

Teodulo C. Natividad

Author of the Police Commission of 1968 and who introduce CJS in the Philippines.

Basically, Criminal Justice System is based in American context; it is initially made up

to the three key components, the Police, Court and Correction.

1. The police initiate the process by the arrest of the criminals

2. The court conducts trial and imposed penalty if found guilty

3. The criminal is remanded to prison not for punishment but for rehabilitation and
reformation.

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 A. CRIMINAL JUSTICE SYSTEM AS A PROCESS

1. The Police are responsible of gathering evidence and arresting the law offender.

2. The prosecutor is responsible for evaluating evidence, which the police gathered, and deciding
whether it is sufficient to the warrant filing charges against the allege accused.

3. The defense lawyer, whether privately retained or provided by the government are responsible
for depending the accused.

4. The judge, during trial, is an arbitrator in court who ensures that defense evidence, examining
and cross-examining witnesses.

5. The judge at the end of the trial renders the decision

6. The probation officer conduct post – sentence investigation, which judge will make use of in the
determination of sentence, also supervise convicted offender placed on probation

7. The offender, if convicted and sentence, the prison system received and keeps them until the
parole board grants them parole or they have completed their sentence.

8. Finally, the Parole departments assists released prisoners in their returns to the community.

GOALS OF THE CRIMINAL JUSTICE SYSTEM

According to Robert Pursedly, in a free society, the primary goals of the CJS are as
follows;

1. To protect the member of the society. It is a formal instrumentality authorized by the

people of a nation to protect both their collective and individual well – being.
2. To maintain peace and order

In addition, within these two goals, there are number of important sub –
goals:

A. – The prevention of crimes.

B. – The suppression of criminal conduct by the apprehending offenders when

prevention ineffective

C. – The review of the legality of the preventive and suppressive measures.

D. – The judicial determination of the guilt or innocence of those apprehended

E. – The proper disposition are those who have been legally found guilty

F. – The correction by socially approved means of the behavior of those whole violate
the criminal law.

PURPOSE OF CRIMINAL JUSTICE SYSTEM

1. Preventing of the commission of the crime
2. Enforcing the law
3. Protecting life, individual right an property
4. Suppression of criminal conduct by apprehension of accused for whom
prevention in effective.
5. Removing dangerous persons from the community.
6. Investigating apprehending, prosecuting and imposing penalty upon those who
cannot be deterred from violation the rules of society.
7. Review the legality of our preventive and suppressive measures.
8. Determination of guilt and innocent of those apprehended.
9. Proper disposition of those who have been legally found guilt.
10. Rehabilitating offenders and returning them to the community as law-abiding
and useful citizens of society.

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 Chapter II

LAW ENFOCEMENT FUNCTION OF THE MAJOR COMPONENTS

A. History of Policing

WHO ARE THOSE POLICE?

The answer to this question which serves as the germinal principle upon which COPS is

principally based was provided by Sir Robert Peel, who was Home Minister in 1820’s, is the
founder of the British Police Force, whose members are called BOBBIES. His answer:

“The Police are the public and the public are the Police. Police are those who are

paid to give full time attention to the duties and of every

citizen”.

I. How did the term Police Evolved?

The term police was derived from the Greek word “POLITEIA” (government of a city),
which was used to describe the group of civil officer city and not necessarily the arm men
guarding/policing the city. When the Romans conquered the Greeks, they change the world
slightly to POLITIA. The French change the word POLICE, and this time it already pertains to
those authorized people who actually enforce the law.

The creation of the police force as a protective and law enforcement organization develop
from the use of military bodies as guardian to the peace, such as the PRACTORIAN GUARD of
ancient Rome. The romans achieved a high level of law enforcement, which remain in effect until
the decline of the empire of the middle ages. Beginning in the 5th century, policing became a
function of the heads of fiefdoms’ and principalities.

II. EARLY PERIOD OF POLICING

Knowledge in the development of policing is so essential in order to understand fully the

succeeding lessons to be present in the module. It may also be contributory in the motivation of
learners in way that they may relate or compare the early system of policing with the policing
system in today’s world.

A. DURING THE ANGLO-SANGXON (ANCIENT ENGLAND) PERIOD (600-1066 AD_.

THE FOLLOWING POLICING SYSTEM WERE PRACTICED:

a. Thanes

▪ It was under King Alfred the Great that a type of internal police force evolved, Alfred
decreed that the various “thanes” or landowners through his kingdom were responsible
to police his territory, deliver criminals to the king and to settle civil litigation.

b. Frankpledge System

▪ Policing was carried out under a system frankpledge or mutual pledge, whereby every male
over 12 years old join nine (9) of his neighbors to form a TYTHINGMEN-a group of men
whose duties was apprehend any person who offends another and deliver that the offender
for trial. Anyone who failed to join and perform this obligatory duty was severely fined.
Thus policing responsibility lies on the hands of the citizens. The head of this group was
referred to as Tythingman.

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 c. Tun Policing
▪ Tun was the forerunner of the word “town”, under the system as male residents were
required to guard the town to preserve peace and order, protect the life and properties of the
people and other factors that disturbs the peace and order.

d. Hue and Cry

▪ In this system, the complainant/victim goes to the middle of the community and shout to
call on male residence as to assemble. The victim reports his complaint to the assembly.
Consequently, all male residents will go after the criminal and apprehend him.

e. Royal Judge System

▪ The royal judge conducted criminal investigation and gave punishment fitted to the crime
committed. This practice started the identification of criminals.

f. Trial by Ordeal

▪ A suspect was required to place his hands over boiling water or oil. If he would not get
hurt, he will not be acquitted but when hurt, he would be considered guilty. Double jeopardy
was prevalent during this period.

B. DURING THE NORMAN PERIOD (1066-1285), THE FOLLOWING ARE

SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF POLICING
SYSTEM:

a. SHIRE-REEVE SYSTEM

▪ When King William Norman became the ruler of England, he divided his kingdom into
55 military districts known as the shire-reeves, Shire means a district while Reeve means
the ruler who made laws, pass judgment and impose punishment. He was assisted by a
group of constables, the forerunner of the constabulary. The term Shire-Reeve eventually
became sheriff, the title the chief of constable or police officers in a certain town. The
TRAVELLING JUDGE was held responsible in deciding cases they were taken from
shire-reeves due to some abuses.

b. Court of the Tourn

▪ This court heard arrange of cases, more often dealing with petty offenses and civil matters.
From the court, 12 tithing men were selected to hear cases of a serious nature. It is from this
point that the early concept of the 12 members jury of today originates.

c. Court Leet

▪ To handle a local legal matter in some, but not all, communities, the Norman establish the
“Court Leet”, which looked after matters of purely local interest and petty village nuisances.
The head of the Court Leet was the “Come Stable”, which was a term that means “Master of the
House”. Over a period of time, this word became ‘’Constable’’ which is still used today by the
members of or modern police forces. The Comes Stable was often appointed by the king but
was also responsible to keep the peace and order in specific are. The appointee was responsible
to local officials who could petition to have him removed if he did not do his job properly.

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 d. LEGIS HENRIE

▪ The law was enacted during the time of King Henry I, which imposed the following
features:

a. Law violations were classified as offenses against the king

b. Policemen became a public officer.

c. The police and the citizens have the broad power to arrest

d. Grand Jury was created to inquire on the facts of the law

e. In 1995, King Richard of England issued Proclamation entitled

f. KEEPERS OF THE PEACE

▪ Requiring the appointment of knights to keep the king’s peace by standing as guard on
bridge and gate while checking the people entering and leaving the cities and towns.

g. On June 15, 1215, MAGNA CARTA (Great Charter) was sealed by King John of
England. This became a law upon the demand of the Knights of the Round Table. The
Knights forced King John to sign the document; which declared the following:

1. No freemen shall be taken or imprisoned, disposed, outlawed, or bowed except by

legal judgment of his peers

2. No person should be tried for murder unless there is proof of the body of the victim.

3. There should be national and local government as well as the national and local
legislation.

C. DURING THE WESTMINSTER PERIOD (1285-1500):

1. STATUTE OF WINCHESTER (1285) – was enacted for law and order. This law
introduced the system of ‘’WATCH AND WARD’’.

2. STATUTE OF 1295- was enacted, which began the closing of the gates of London
during sunset. This started the observation of ‘’CURFER HOUR’’

3. JUSTICE OF THE PEACE- was a position given to a respected citizen, who has
the power to arrest, pursue and imprison the offender.

4. STAR CHAMBER COURT- was establishing as special court that tried offenders
against the state.

D. DURING THE MODERN PERIOD (17TH – 19TH CENTURY) IN ENGLAND

a. KING CHARLES II of England passed a law in 1663 that provided for the employment of
KNIGHT WATCHMEN or BELLEMEN to be on duty from sunset to sunrise.

b. In 1748, HENRY FIELDING became the Chief Magistrate at Bow Street in London. He
organized a group of men known as BOW STREET RUNNERS (thief catcher). He later
formed the BOW STREET HORSE PATROL whose duty was to patrol the main road thus
secure the travelers form highwaymen or highway bandits.

c. In 1785, William Pitt presented a bill in the British Parliamentary calling for the creation of a
police force in London. This proposal met with instant opposition. Pitt argued that this new

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 force would be responsible for the apprehension of criminals (a formal continuation of the
mandate of the Bow Street Runners) a crime prevention (it was argued that their presence
would be a deterrent). After a considerable opposition to the proposed police force in London,
and changes that it would be used to strengthen what was considered to be a very centralist
authoritarian government, William Pitt’s bill was withdrawn.

d. SIR ROBERT PEEL

▪ Pass with parliament the Metropolitan Police Act on September 29, 1829 establishes the
LONDON METROPOLITAN POLICE, which became the world’s first modern organized
police force.
▪ It was later called SCOTLAND YARD. The development of the British Police system is
especially significant because the pattern that emerged not only became a model for the American
police system but also had a great influence on the style of policing in almost all industrial
societies.
▪ The father of modern policing system.

III. EXISTING POLICE AGENCIES IN SELECTED COUNTRIES

Knowing the different organizational structures of the police agencies outside the
Philippines may serve as supplementary knowledge on the part of the learners. With this, the
learners can be able to identify the advantages and disadvantages of the varied type of police
organizations that may be closely comparable with the police system in Philippine setting.

A. France

▪ The first police force comparable to present day police was establish in 1667 under King
Louis XIV in France, although police usually trace their origins to the 1800
establishment of the Marine Police in London, the Glasgow Police, and the Napoleonic
police in Paris.

FRANCE NATIONAL POLICE

On March 12, 1829, a government decree created the first uniformed police in
France. Known as sergents de ville (‘’city sergeants’’), which the Paris Prefecture of
Police’s website claims were the first uniformed policemen in the world.

The National Police (Police Nationale), formerly the Surete Nationale, is one of

two national police force and main civil law enforcement agency in France, with primary
jurisdiction in cities and large towns. The other main agency is the military Gendarmerie,
with jurisdiction in a smaller towns and rural and border areas.

B. United States of America

▪ There are about 40,000 separate police agencies in united states that operate under city,
country, state, or federal governments. Police officers in US are often called COPS.
During the late 1800's, they were called constables. The word cop many have come from
the initial C.O.P., which stood for constable on patrol.

Four Types of Police in US

1. CITY POLICE
City police are mainly responsible for enforcing the law in their own city. New York City
has the largest city police department in the United States - about 29,000 police officers. A small
town may have a police force of only one or two officers. In most cities the mayor appoints the

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head of the police department. This official may have the title of chief, commissioner, director,
or superintendent. Other ranking police officers include inspectors, lieutenant colonels, majors,
captains, lieutenants and sergeants.

2.COUNTRY POLICE
The powers of a country police force extend throughout the country. in some states,
however, these powers are restricted in towns and cities that have their own force. A SHERIFF,
elected by the people, is the chief law enforcement in most countries.

3. STATE POLICE
Every state, except Hawaii, has either a state police force or a state highway police force.
Both types of agencies are headed by a commissioner or superintendent appointed by the state
governor. State police enforce laws. State police officers are called TROOPERS because they were
originally organized along military lines and often rode horses. Federal Law Enforcement
Agencies include the Federal Bureau of Investigation.
FBI - the chief investigating branch of the United States Department of Justice;
investigates federal crimes and handles cases involving stolen money or property that has been
taken from one state to another.

4. PRIVATE POLICE AGENCIES

This are licensed by federal state governments to perform limited types of police work.
Industrial security police guard factories and warehouses. Campus police protect the people and
property of colleges and universities. Private investigative agencies provide detective services to
individuals and businesses. The earliest private detective agency that was licensed by the federal
state government was the PINKERTON PRIVATE DETECTIVE AGENCY founded by Allan
Pinkerton.

C. AUSTRALIA
Each of the six states and two maintained territories has a police force. Australia has a
National force, the COMMONWEALTH POLICE FORCE.

D. CANADA
Canada has national, provincial and city police forces. The ROYAL CANADIAN
MOUNTED POLICE (RCMP) enforces federal law throughout Canada. It also provides Police
Services in a contract basis to about 175 cities. Its members are traditionally called as
MOUNTIES, though they only now ride in horses in special ceremonies.

E. GREAT BRITAIN
British Police System is organized into 50 large forces that are connected with the local
governments. These forces operate under the direction of the national government. The LONDON
METROPOLITAN POLICE FORCE serves greater
London except for an area that is called city of London, which was its force. The
headquarters of the Metropolitan police is called the new Scotland Yard. The named Scotland
Yard is often referring to Criminal Investigation Department of Metropolitan Police.

F. RUSSIA
The Ministry of Internal Affairs is in charge of providing of general police services. It also
provides border guards and investigates activities considered a threat to the security of the national
government.

G. CHINA
A national police force is called the PEOPLES POLICE is directed locally by provincial
public safety bureaus. These bureaus function in under the Ministry of Public Security, an agency
of the national government.

H. ROME

Praetorian Guard - created by Emperor Augustus which is consisted of 7000 men to protect
the palace and the city of Rome.

Urban Cohorts - this is force created to conduct patrolling activities in the entire city of Rome.

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 Vigiles - this was created to serve as firefighters and eventually given law enforcement
activities.

IV. What is INTERPOL?

The official name is International Criminal Police Organization (ICPO), is an

international organization of police forces from about 182 countries. Members of Interpol
exchange information about international criminals and cooperate in fighting transnational
crimes as counterfeiting, smuggling, and illegal buying and selling of weapons.

V. TERMS OF PONDER

1. POLICE

It is the agency of a community or government that is responsible for enforcing the law,
maintaining public order, and preventing and detecting crime.

In the very broadest sense, the term POLICE refers to the international organization or regulation
of the state, the control and regulation of the community or state through the exercise of the
constitutional power of the government.

In a narrower sense, POLICE denotes the constitutionally created agency that exercises the power
of the government concerning the maintenance of tranquility, public order, peace, security of
persons and property and the protection of public health and morale.

In a very restricted sense POLICE refers to that organization of armed men, which is actually an
institution that is capable of exercising legally mandated duties to enforce the law, maintain public
order, and detect and prevent crimes.

It is known to be the Prime mover of the Criminal Justice System.

(Initiator) - it initiates the criminal justice system by the arrest of the offenders.

2. DISCRETION - It is the wise use of one's judgement, personal experience and common sense to
decide a particular situation.

3. ARREST - The legal taking of a person into custody in order that he may bound to answer for the
commission of offense.

HOW IT IS MADE?

• An arrest is made by an actual restraint of the person to be arrested, or by his submission to

the custody of the person making the arrest.

4. WARRANT OF ARREST - Is an order 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 bound to answer for the commission of an offense.

5. MIRANDA DOCTRINE

Rule or principle of Criminal Jurisprudence that required mandatory pre-interrogation warnings

concerning self-incrimination and the right to legal counsel of suspect.

Miranda doctrine mandates that prior to any questioning, the police must take known to the
suspect that:

1. He has the right to remain silently that anything he says can and will be used against
him in the court of laws.

2. He has the right to hire and consult with an attorney and to have his counsel present
during his questioning and if he cannot afford to hire an attorney, one will be appointed
to represent him before any questioning.

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 3. He cannot waive these Miranda Rights except in writing and in the presence of a
counsel.

6. SEARCH - An examination of an individual's person, house, papers or effects of other and

premises to discover contraband or some evidence of guilt to be used in the prosecution of a
criminal action.

7. SEARCH WARRANT - An order in writing issued in the name of the people of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and to bring it before the court.

8. DEPOSITION - The legal term statement of suspects, victims, witnesses regarding a criminal
incident stating the facts of the crime, which was input in writing.

9. SWORN STATEMENT - A deposition given by a suspect or hostile witness who is under

investigation of a crime that is put into writing and is usually in the form of question and answer.

10. AFFIDAVIT - The statement of the offended party of the witnesses regarding the crime under
investigation that specifies the facts of a case as perceived by a victim or witness and is notarized
by a private counsel or the prosecutor.

11. ARBITRARY DETENTION - Any public officer or employee who, without legal grounds,
detains a person, failure to deliver a person to proper judicial authorities within the period
prescribed by law and delayed release of a person.

Periods fixed by law of Delivering a Person to proper judicial authority Article 125 RPC
TIME PENALTIES

12 Hours Light penalties and their equivalent

16 Hours Correctional penalties and their equivalent

32 Hours Afflictive/Capital Penalties and their equivalent

12. ILLEGAL DETENTION- Any private individual who shall detain another, or in any other
manner deprive him of his liberty.

C. HISTORICAL BACKGROUND OF THE PHILIPPINE POLICING

1. Pre-Spanish Regime - A headman or tribe leader mandates all male residents in the village to protect
their crops from wild animals.

2. The Developments of Policing System during the Spanish Regime - The police force during the
Spanish Regime was considered as part of the military system by the Spanish government. The locally
organized police forces, although performing civil duties and seemingly created for the sole purpose of
maintaining peace, organized during the Spanish Regime were;

➢ CARABINEROS de SEGURIDAD PUBLICA (Mounted Police)

• It is responsible in carrying out the policies of the Spanish government It is established

in 1712.

➢ GUARDILLEROS

• It refers to body of rural police organized in each town

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 • It was created by the Royal Decree of January 9, 1836

• This police force was composed of 5% of the able-bodied male inhabitants of each town
or province, and each member should serve for at least 3 years.

Functions

a. Guard Municipal Tribunals

b. Patrol
c. Guard Prison
d. Guard mountains and buildings
e. Maintains peace and order

➢ Cuerpo de Carabineros de Seguridad Publica - It was established on December 20, 1842

B. General Duties

- prosecution of law breakers

- maintenance of peace and order
C. Specific Duties

- watching and guarding custom houses

- prevention of entry of contrabands
➢ GUARDIA CIVIL - Police organization created by the Royal decree issued by the Spanish
Crown government of February 12, 1852.
- It relieved the Spanish Peninsular Troops of their works in policing town.
-It consisted of a body of Filipino policeman organize originally in each
of the provincial capital of the central provinces of Luzon under the command of the Alcalde
(Governor).

3. Police Force during the Japanese Occupation

Kempetai ruled the urban areairtus until Gen. Douglas McArthur returned on February 7,
1945.

The Manila Police Department, which was created during the first American occupation, was
renamed into Metropolitan Constabulary under the Bureau of Constabulary.

A. The Police Force during American Occupation

The first American occupation in the Philippines that came after the Filipino-American War
(1898-1901) was followed by a period of political turmoil and social imbalance.

INSULAR POLICE FORCE was established on November 30, 1890 during the Filipino-
American War (1898-1901) upon the recommendation of the Philippines Commission to the
secretary of war.

INSULAR CONSTABULARY was created on July 18, 1901 by virtue of ACT # 175, titled as
“An act Providing for the Organization and Government of an Insular Constabulary.

MANILA POLICE DEPARTMENT (MPD) was organized on July 31, 1901 by virtue of ACT
# 183 of the Philippines. The first Chief of Police was Capt. George Curry a US Army officer
appointed the TAFT COMMISSION on August 7, 1901. Capt. Columbus Platt was the last
American COP of MPD before WW2 broke out.

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6. Important Personalities in the Historical Evolution of Philippine Police Service

• William Howard Taft- first civil government of the Philippine

• Capt. Columbus E. Piatt- last American Chief of Police of Manila Police Department
before the World War || broke out

• Brig/Gen. Henry T. Allen- first Chief of Police of the Philippine Constabulary

• Brig. Gen. Rafael Crame- became the first Filipino Chief of the Police of the
Philippine Constabulary

• Col. Antonio C. Torres- first Filipino Chief of Police of the Manila Police Department
when it became an all Filipino police organization.

• Col. Marcus Ellis Jones- first Chief of Police of the Manila Police Department upon
the liberation of Manila from the Japanese Imperial Army.

• Col. Lamberto T. Javalera - first Chief of Police of Manila Police Department under
the Republican government of then Pres. Roxas.

• Capt. Henry T. Allen- first Chief of the Philippine Constabulary.

In 1941- Japanese occupation- KEMPETAI is the name of police force.

The Manila Police was renamed as Metropolitan Constabulary under the

Bureau of Constabulary.

E. History of Police Integration

a) 1954- The idea of integration of all police forces in the Philippines was proposed by the
late Mayor of Manila Arsenio Lacson.

b) 1968- The Police Commission (POLCOM) was established by virtue of R.A 4864 known
as the Police act of 1996 by Congressman Teodulo C. Natividad.

c) March 21, 1374 –PD 421 was adapted where local police in manila was integrated to test
effectiveness pursuant to the 1373 Constitution.

d) PD 432 –integrates the local police in the provincial level most especially in Bulacan,
Pampanga, Nueva Ecija and Misamis Oriental.

e) PD 765 - (The integration of PC and INP ) Issued on august 8’1979 integrates police forces
through the Philippines and all logical and municipal jail its objectives are to make all city
and municipal forces, cohesive organized, better coordinated and effectively directed.

f) PD 1134- deals with the professionalization law.

g) Republic Act 6975 –this Act shall be known as the “Department of the interior and Local
Government Act of 1990”.

h) Republic Act 8851- this act shall be known as the “Philippine National Police Reform
and Reorganization Act of 1993”

i) Republic Act 9708- an act extending for five (5) years the reglementary period for
complying with the minimum educational qualification for appointment to the Philippine
national police (PNP) and adjusting the promotion system thereof, amending for the
purpose pertinent provisions of republic act no 6975 and republic act no.8551 and for the
other purposes.

15
 D.CREATION OF THE PHILIPPINE NATIONAL POLICE

THE PRIMARY LAW CREATING THE PNP

Article XVI. sec 6 of the 1987 constitution provides that the state shall establish and
maintain once police force which shall be “national is scope and civilian in character” , to be
administered and controlled by the national police commission .The authority of the local
executives over the police units in their jurisdiction shall be provided by law“

Implementing this law RA 6975 known as the law creating the department of interior and
local government chapter III thereof deals with the establishment of the PNP Organization.

1. Police Role and Responsibilities

Sociologically speaking, a role is a set of expected behavior patterns, obligations, and

privileges attached to a social status. The roles played by police officers a vary community and
police organization. The expected behavior of individual police officers and department and how
they are judge and evaluated depend on the community and the mission of the police organization
as defined by governing body and the department administrative structure.

1.1 CRIME CONTROL ROLE

The police are available 24 hours a day to deal with crime and crime producing conditions.
Citizens report crime to the police, and they in turn investigate these reported events and pass
along the evidence they gather to a prosecutor for the next stage in criminal justice process. Major
Responsibilities;
1. To identify criminal offenders and criminal activity and where appropriate, to apprehend
offenders and participate in subsequent court proceedings.

2. To produce the opportunities for the commission of some crimes through preventive patrol
and other measures.

3. To aid individuals who are in danger of physical harm.

4. To protect Constitutional Guarantees.

5. To facilitate the movement of people and vehicles

6. To assist those who cannot care for themselves

7. To resolve conflict

8. To identify problems that are potentially serious in the community

9. To create and maintain a feeling of security in the community

10. To promote and preserve civil order; and

11. To provide other service on an Emergency basis.

2. The Role of the Police in the Criminal Justice System

The police are the sense "gatekeepers" of the system and their outputs are the inputs for
other systems. They learn about crime from citizens, by discovery, from officers on the field, or
through investigation and intelligence efforts. This would support the fact that police, being a part
of law enforcement pillar is known to be the prime mover of the Criminal Justice System.

3. Police Leadership in the Community

Every police chief is responsible for leadership within the department, and as a head of the
force, he must represent it in relations with the administrative head of the city and, through
administrative head, with the municipal council and the public. In other words, the chief must

16
provide the leadership in law enforcement issues for the entire community. Exercising community
leadership in law enforcement is uncomplicated and straightforward when they are no
controversial issues at stake or when there are no treats to vested interests, business profits, or
public convenience.

Moreover, the police should enlist the support of the influential groups at the start. An
influential citizen or group committed in favor of policy or plan will ordinarily oppose it later.

General community support is based on understanding: the police cannot progress beyond
the understanding of their superiors and the public. Everyone should kept informed regarding the
nature and purpose of police policies and plans because those who do not understand will not
approve, and those who do not approve are likely to resist and sometimes actively oppose the
operation.

4. Factors Affecting Police Performance A. Internal factors

a. Higher pay
b. Endorsement by higher authorities

B. External factors
a. Trust and confidence by the public
b. Participation in patrol activities
c. Support of barangay officials

5. Factors Affecting the Police Service A. Physical and social characters of the
community

a. Area and population density

b. Physical, social and economic characteristics that it apart section of the

community
c. Separate community consciousness and identity

d. Topographical characteristics that impede direct and easy travel

e. Strong leadership and demand for district police stations

f. Homogeneity in race, occupations, and economic status

g. Certain characters of the community like industry, dock, airport, ports transient
labored attracted by seasonal opportunities and temporary idlers attached by
recreational facilities as well as number and nature of recreational facilities.

B. Community Sentiment

a. Public consciousness

b. Favorable and wholesome public attitude

c. Policies of elected and chosen representative of the people

d. Legislation
C. Police Factors

a. Competitive interest, enthusiasm, and sympathy to policies and procedures

b. Leadership

c. Opportunity for expansion, rearrangement and headquarters' space

6. Police Functions

Simply refers to the tasks specifically performed by the police organization as mandated
by existing laws. Police functions are responsibilities designed for law-enforcement agencies that

17
must be carried out to satisfy the public's demand concerning peace and order. Police function
could either be line functions of staff functions

1. Line functions are those police operation designed to meet the basic police
mission. Examples are patrol operation, criminal, investigation, traffic direction and control and
crime prevention.

2. Staff functions are those that exist to support line functions, either directly or
indirectly. For example, the planning and research unit is clearly a staff function, but its mission
is primarily to support the line operations in either a direct or indirect manner. Examples are:
planning, research, inspection, police records system, communication system, budgeting, crime
laboratory examinations and public relations.

3. Auxiliary functions -involves the logistical operations of the department including

training, communications, jailing, maintenance, record keeping and similar operations.

In the original Police Manual (Section 1 of rule 17), the police have the power and duty to:

a. Maintain peace and order

b. Enforce the law and their respective assigned jurisdictions.

c. Prevent crimes

d. Make arrests, searches and seizures in accordance with law

e. Investigate crimes

f. Prosecute offenders (bring offenders to justice)

g. Insure public safety

h. Protect life and property

8. Powers and Functions of the PNP

a. Enforce all laws and ordinances relative to the protection of live and properties.

b. Maintain peace and order and take all necessary steps to ensure public safety.

c. Investigate and prevent crimes, effect arrest of criminal offenders, bring offenders
of justice, and assist in their prosecution.

d. Exercise the general power to make arrest, search and seizure in accordance with
the Constitution and pertinent laws

e. Detain and arrest person for a period not beyond what is prescribed by law,
informing the person so detained of all his/her rights under the Constitution.

f. Issue licenses for the possession of firearms and explosives in accordance with the
law

g. Supervise and control the training and operation of security agencies and issue
licenses to operate security agencies; and to security guards and private detectives
for the practice of their profession

h. Perform such other duties and exercises all other functions as may be provided by
law.

Kinds of Law Enforcement

18
 The Philippines, like other nations of the world, has various law enforcement agencies to police
the officers of the government. There are as many law enforcement agencies as there are offices
of the government. Some of those includes but not limited to the following:

1. Philippine National Police (formerly Philippine Constabulary, Integrated National Police)

2. National Bureau of Investigation (NBI)

3. Presidential Anti-Crime Commission (PACC)

4. Philippine Drug Enforcement Agency (PDEA)

5. National Anti-Kidnapping Task Force (NAKTaf)

In addition to these government offices, there are other agencies tasked with enforcing special
laws. Among these the following:

1. Economic, investigation and intelligence Division under the Department of Finance;

2. Bureau of Fisheries Aquatic Resources under the Department of Agriculture;

3. Bureau of Customs under the Department of Finance;

4. Bureau of Immigration under the Department of Justice;

5. Bureau of Internal Revenue under Department of Finance;

6. Bureau of Forest Development under the Department of Environment and Natural

Resources;

7. Land Transportation Office under the Department of Transportation and Communication;

8. National Telecommunications Commission under the Department of Transportation and

Communication;

9. Bureau of Food and Drugs under the Department of Health; and

10. Bureau of Products Standards under the Department of Trade and Industry.

11. Barangay Tanods

11. The PNP is mandated to exercise the following;

a. Enforce all laws and ordinances relative to the protection of live and properties.

b. Maintain peace and order and take all necessary steps to ensure public safety.

c. Investigate and prevent crimes, effect arrest of criminal offenders, bring offenders of
justice, and

assist in their prosecution.

d. Exercise the general power to make arrest, search and seizure in accordance with the
Constitution and pertinent laws

e. Detain and arrest person for a period not beyond what is prescribed by law, informing the
person

so detained of all his/her rights under the Constitution.

f. Issue licenses for the possession of firearms and explosives in accordance with the law

g. Supervise and control the training and operation of security agencies and issue licenses to
operate security agencies; and to security guards and private detectives for the practice of
their profession

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 h. Perform such other duties and exercises all other functions as may be provided by law.

As reflected from the law enforcement operations stated above, the following are inherent
police function.

1. Investigating crimes

2. Filing charges against perpetrators/offenders

3. Assisting the prosecution in the trial criminal cases.

4. Collecting, preserving, keeping and presenting physical evidences to the courts.

5. Advising and evaluating victims of criminal attacks.

6. Testifying in courts in any criminal prosecution.

7. Apprehension of law - violators.

8. Providing necessary services in the reformation of convicted offender.

9. Assisting in the amicable settlement of minor civil or criminal cases particularly in the
damage and indemnifications.

10. Providing protection and security to complaints or witnesses who are subject to
criminalharassment.

11. Delivering of notices to witnesses.

12. Effecting court orders to suspected offenders and hostile witnesses.

When a crime is committed, how does it reach the attention of police?

1. When witnesses or concerned citizens report a criminal incident.

2. When the offended party files criminal complaint.

3. By the spontaneous action or self- initiation of the directly concerned law enforcement
agencies.

Upon Unknowing that a crime has been committed, what should be the reaction of the
Police?

1. Proceed at the crime scene ASAP.

2. Arrest the perpetrators if they are still present at the crime scene.

3. Protect the crime scene search.

4. Conduct crime scene search.

5. Seize contrabands or weapons under the possession of suspects.

6. Interview victims and witnesses.

7. Get the position (statement) of the suspect/s, victim/s, and witness/es.

8. Obtain or develop other evidences.

9. File the necessary case against the suspect.

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 Chapter III

PROSECUTION

A. NATURE OF OFFICE OF A PROSECUTOR AND ITS ROLE IN THE CRIMINAL

JUSTICE SYSTEM

Prosecution
It is the second pillar of the Philippine Criminal Justice System.
Is the process or method whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.

Prosecutor
❖ A public officer having an authority to conduct legal actions concerning the complaints
filed at his office and perform other prosecution functions (legal proceeding against any
person) as provided by law.

❖ The prosecutor is not just an ordinary official of the government; he is an officer of the
court whose criminal responsibility under the law is to carty out the administration of the
CJS thru an adequate examination of the offense charged and to decide whether or not to
prosecute a person without sacrificing fairness and justice.

❖ The prosecutor is not just an ordinary official of the government; he is, as well an officer
of the court whose criminal responsibility under the law is to carry out the administration
of the criminal justice system through an adequate examination of the offense charged and
to decide whether or not to prosecute the individual offender, without sacrificing fairness
and justice.

❖ He is formally a member of the Department of Justice, under the Executive Branch of the
government, and thus independent from the judiciary. He serves as a direct contact between
the government, through the police agency and the court of justice, and the criminals and
the attorneys representing them. His series of contact is made from the moment he receives
the case to the criminal proceedings and even until up to the final disposition of that case
in the trial government he represents.

Probable cause
❖ A well-founded belief that a crime has been committed and that the arrested or detained
person is probably guilt thereof.

Complaint
❖ A sworn written statement charging a person with an offense, subscribed by an offended
party, any peace officer or other public officer charged with the enforcement of the law
violated.

Arraignment
❖ it is the legal mechanism whereby an accused is brought before the court wherein the
complaint/charge or information against him is read by the Clerk of Court in the presence
of the lawyer and the prosecutor, in which the accused is to announce his plea.

Inquest
❖ Is an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant of arrest
issued by the court for the purpose of determining whether or not said persons should
remain under custody and correspondingly by charged in court.

B. The Component of Prosecution and their duties and functions

21
 1. The office of the Government Corporate Counsel;
2. Office of the Chief State Prosecutor; and
3. Office of the solicitor General

Public prosecutors belong to either one of two agencies, to wit:

1. National Prosecution Service – operates under the supervision and control of the
Secretary of Justice. Its principal mandate id to conduct speedy and efficient
investigation and prosecution and of criminal cases.

2. Office of the Solicitor General (OSG)

Composition of the National Prosecution Service

a. Chief State Prosecutor, (Secretary of Justice and their Assistance)
b. Five (5) Assistant Chief State Prosecutors;
c. Thirteen (13) Regional State Prosecutors;
d. Sixty-nine (69) City Prosecutors;
e. Seventy-seven (77) Provincial Prosecutors;
f. One hundred nineteen (119) State Prosecutors;
g. One thousand eight hundred sixty-three (1,863) Assistant City and Provincial
Prosecutors; and
h. Fifty-two (52) prosecuting Attorneys.

The office of the Chief State Prosecutor is composed of the following division, to wit:

i. Review and Appeals;

j. Administrative Discipline and Legislative Affairs;
k. Preliminary Investigation and Prosecution of cases;
l. Personnel Development, Recruitment and Support Services; and
m. Inquest and Special Concerns Division.

E. USE OF THE PROSECUTORS DISCRETION

There are, of course, many legitimate reasons for a prosecutor's failure to prosecute:

a. Where the alleged criminal act may be the result of some quarrel between neighbors
and all parties are equally at fault;

b. Where the alleged criminal act may be the result of some minor domestic dispute;

c. Where an overzealous creditor may be attempting to prevent the criminal process for
the purpose of collecting a civil debt.

Prosecutors, indeed, use their discretion in a variety of ways when they decide whether to
bring formal charges against individuals suspected of crimes.

However, some uses the discretion to -

a. Screen suspects out of the criminal justice system;
b. To bargain for information an guilty pleas: and
c. To prosecute some defendants fully

F. Nolle (Nolle Prosequi)

By definition, a NOLLE is a request made by the prosecutor to the judge approval to

terminate further criminal prosecution against a suspect.

Its characteristics are:

1. The request is a mere formality that the judge routinely grants without question.

22
 2. Originally, the prosecutor is not even required to give reason for wanting to nolle a case.

Technically, a suspect whose case is nolle has the charge suspended for a period of twelve
(12) months.

3. The suspension of legal action is intended to have a deterrent effect on the offender if the
suspect gets into trouble during the period.

4. At the end of 12 months, the nolle status expires and automatically becomes a full
dismissal of the crime charge.

Objectively, the nolle is primarily used to:

1. Reduce case overload;

2. Reduce back-log; and

3. Reduce delays in bringing defendants to trial. The most controversial expression of

prosecutorial discretion is the decision to mitigate the defendant's sentence through:

• Reducing the charge.

• Dropping multiple courts to leave a single criminal charge; and

• Recommending leniency to the court at sentencing concurrent prison sentences.

Reduce charges are those less serious and less severely punishable crimes: the prosecutor may
reduce the charge from armed to unarmed robbery; from murder to the arraignment or even after
trial has begun if the defendant to plead guilty to the reduced charge.

Dropping multiple counts means that a prosecutor has the discretion to drop multiple criminal
counts and to charge the defendant instead with only a single crime, a crime which may or may
not be the most to serious crime involved. To assure less severe sentence, the prosecutor will
ordinarily drop all counts except the one to which the defendant agrees to plead guilty and be
sentenced on.

Recommending leniency means that the prosecutor, during the sentencing process, recommend
leniency in sentencing or the imposition of concurrent charges. In the concurrent prison sentence,
the separately imposed prison terms for each count are not added together but allowed to run at
the same time. Thus, the full sentence imposed is the longest single prison term, usually for the
most serious crime. In either case, he forwards the record of the case to the Provincial or City
Prosecutor of Chief State Prosecutor within five (5) days from his resolution. On the other hand,
the Provincial and City Prosecutor shall take appropriate action from receipt thereof; immediately
informing the parties of said 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
Prosecutor or Chief Prosecutor.

If the findings of the investigating prosecutor warrant the dismissal of the of the case, but such
was reversed by the Provincial or City Prosecutor or Chief State Prosecutor on the ground that
probable cause exists, the latter may by himself, file the corresponding information against the
respondent or direct the assistant prosecutor to do so:

F. Plea Bargaining

Plea bargaining is the process of discussion or negotiation between the defense counsel
and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.

G. Preliminary Investigation

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

23
respondent is probably guilty thereof, and should be held for trial. (Section 1. Rule 112-Rules of
Court)

Except as provided in section 7 of this Rule, a preliminary investigation is required to be

conducted before the filing of a complaint or information for an offense where the penalty
prescribed by law is

At least four (4) years, two (2) months and one (1) day without regard to fine. (1a)

Officers authorized to conduct Preliminary Investigation:

a. Provincial or City Prosecutors (fiscals) and their assistants;

b. National and Regional State Prosecutor;

c. Other officers as may be authorized by law.

The “other officers as may be authorized by law” includes the following:

a. The chief legal officer of the commission on Elections as well as those deputized by the
latter in connection with the preliminary investigation and prosecution of election offences;

b. The Ombudsman;

c. Special prosecutor; and

d. Prosecutors duly authorized by the Ombudsman to do so in connection with offenses

cognizable by the Sandiganbayan.

Purpose of preliminary investigation

Generally, preliminary investigation has a three-fold purpose:

1. To inquire concerning the commission of crime and the connection of accused with it, in
order that he may be informed of the nature and character to the crime charged against him,
and if there is probable cause for believing him guilty, that the state may take the necessary
steps to bring him to trial;

2. To preserve the evidence and keep the witnesses within the control of the state; and

3. To determine the amount of bail, if the offense is bailable

The principal purpose of a preliminary investigation is to determine whether a crime has been
committed and whether there is a probable cause to believe that the accused is guilty thereof. It is
to secure the innocent against hasty, malicious and oppressive prosecution, and to protect him
from an open and public accusation of a crime, form the trouble, expense, anxiety of a public trial,
and also to protect the state from useless and expensive trials.

COMPLAINTS DISTINGUISED FROM INFORMATION

Basis of Comparison Complaints Information

1. Who may file The offender party. Prosecutor

Any peace officer.
Any public officer charged with the
enforcement of the law violent
2. Where to file To the prosecutor office. To the court
Directly to the court.

It must be charge an offense. It need not be

Validity It must be under oath. under oath

24
 COMPLAINT vs. INFORMATION

1. A complaint is sworn statement; an information need not to sworn to;

2. A complaint is subscribed by the offended party, any peace officer or public officer charged with
the enforcement of law; while on the other hand, information is subscribed by the prosecutor.

3. A complaint may be filed to the court or to the prosecutor’s office; while information is filed to
the court.

Sufficiency of a Complaint or Information A

complaint or information is sufficient if:

1. It states the name of accused.

2. It designated the offense of the statute.

3. It states the acts or omissions complained of which constitutes the offense.

4. It states the name of the offended party.

5. It states the approximate time or place of the commission of the offense; and

6. When an offense is committed by more than one person, all of them shall be included the
complaint or information.

25
 Chapter IV

THE COURT PILLAR

Basic Concept

Court

- It is a body to which the public administration of justice is delegated. It is a tribunal assembled

under authority of law at the appropriate time and place for the administration of justice thru which
the government enforces its sovereign rights and powers.

- The court is an entity or body in which a portion of judicial power is vested.

- It is an entity of the government organized for the proper administration of justice at the time and
place prescribed by law.

- It is situated between the prosecution and correction; the court is the centerpiece of the five pillars
in the Criminal Justice System.

- It is an organ of the government belongings to the judicial department whose function is the
application of the laws to controversies brought before it and the public administration of justice.

Attorney

- Is a man set apart by the law to expound to all persons who seek from him the laws of the land
relating to the highest interest of life, liberty, and property. It is similar with counsel and lawyer,
since they are members of a legal profession who are skilled in the laws of state.

Attorney de Officio

- An attorney assigned by a superior court to defend, assist, represent, or otherwise render

professional service to destitute litigants without any remuneration.

Notary Public

- An offer whose duty is to attest the truthfulness of any deed or writing in order to render them
available as evidence of facts as therein obtained.

Attorney – in fact

- A person who is authorize by his principal either for some particular act which is not of legal in
character.

Scale of Penalties

- It is otherwise known as graduating of penalties or duration of penalties. The scale of penalties in

the Philippines taken from the revised penal code is summarized under the table below.

Note: R.A 7659 - Law that re-imposes the Death Penalty

R.A 8177 - It mandated that the Death Penalty should be through Lethal Injection.

R.A 9346 – The law that suspend the imposition of death penalty.

26
 Leo Etchegaray – death penalty through lethal injection was imposed to him.

PHILIPPINES SCALE OF PENALTIES

AFFLICTIVE PENALTIES DURATION OF PENALTIES

1. Death Suspended

2. Reclusion Perpetua 20 years and 1 day to 40 years

3. Reclusion Temporal 12 years and 1 day to 20 years

4. Prison Mayor/Temporary disqualification 6 years and 1 day to 12 years

Correctional Penalties

1. Prison Correctional 6 months and 1 day to 12 years

2. Destierro/Suspension 6 months and 1 day to 6 years

3. Arresto Mayor 30 days and 1 day to 6 months

Light Penalties

1. Arresto Menor 1 day to 30 days

2. Public Censure Duty of the court to lay down

Client
- Is one who seeks the advice of an attorney or retains him to prosecute or defend a suit?

Graduation of fines
- The law limits the fines to be imposed upon any accused with its corresponding category of penalty
as presented below.

GRADUATION OF FINES
ACCORDING TO GRAVITY FINE TO BE IMPOSED
1. Afflictive penalties More than P6000.00
2. Correctional penalties Not less than P200.00 but not more than P6000.00

3. Light penalties Less than P200

Total Extinguishment of Criminal Liability

1. Death of the convict;

2. After service of sentence;

3. Amnesty

4. Absolute Pardon

5. Marriage of the offended woman as provided in Article 344 of the RPC;

6. Prescription of Crimes; and

7. Prescription of penalties

27
 Prescription of Crimes - It is loss of the right of the state to prosecute a certain crime upon
reaching the prescribed period as enumerated below.

PRESCRIPTION OF CRIME

1. Death, life imprisonment, Reclusion 20 years

Perpetua or Reclusion Temporal

2. Other Effective Penalties 15 years

3.Correctional Penalties except Arresto Mayor 10 years

4. Arresto Mayor 5 years

5. Libel or other similar cases 1 years

6. Oral Defamation/Slander by Deed 6 months

7. Light offenses 2 months

Prescription of Penalties

- It is the loss of the right of the state to impose the certain penalty upon reaching the prescribe
period. The penalty shall be considered served when the prescription period is served by a
suspect even there is no final judgment of the court.

PRESCRIPTION OF PENALTIES

1. Death, life imprisonment, Reclusion 20 years

Perpetua

2. Other Affective Penalties 15 years

3. Correctional Penalties 10 years

4. Arresto Mayor 5 years

5. Light Penalties

The court as the third pillar or CJS is looked as:

1. The final arbiter of justice.

2. The form defender of democracy, freedom and human dignity.

3. The only institution capable of identifying and maintaining the proper balance of rights
between the conflicting individual/s, the state and the society.

Judge

- Is a public officer so named in his commission (written evidence of appointment) and

appointed to preside over and to administer the law in court of justice.

Court distinguished from judge:

Court Judge

1. The court is an entity 1. the judge is a person

2. composed of 1 or more judges 2. indispensable part of the court

3. cannot exist without a judge 3. can exist without a court

The concept of justice administration:

Administration of justice is the process of determining the relevant facts as a case and

28
then applying the law to the facts of such case for the purpose of resolving a controversy. By
definition, justice determination – involves two things:

1. The ascertainment of determination of the relevant facts of a controversy.

2. The application of the law to those facts in order to resolve the controversy.

The concept of judicial power:

Judicial power

In our “democratic and republican state” the powers of government are distributed among
the three great branches of the government – the legislative. The executive and the judicial. The
legislative power is vested is the congress of the Philippines. Which consist of a senate and house
of representative. The executive power is vested in the president of the Philippines. Assist by his
cabinet, the judicial power is vested in one supreme court and in such lower courts as may be
established by law.

Scope of judicial power (article VIII, section,1 of the 1987 phil. Cons.)

The judicial power which is vested in the supreme court and in such inferior courts as

may be established by law includes the following:

Special courts

1. Court of tax appeals – created under rep. act no. 1125, as amended, this special court has
exclusive appellate jurisdiction to review on appeal the decisions of the Commission of
Internal Revenue involving internal revenue taxes and decisions of the Commissioner of
Customs involving customs duties.

2. Sandiganbayan – The constitution provides that the National Assembly shall create a
specialized court, popularly known as “Sandiganbayan.” The creation was made possible by
Presidential Decree No. 1606.

ORGANIZATION OF COURTS

Regular Courts

The Philippines Judicial System consist of a hierarchy of courts resembling a pyramid with
the supreme Court at apex. Under the Judiciary Reorganization Act of 1980, otherwise known as
the Batas Pambansa Blg. 129 (Rep. Act No. 129) the other regular courts are;

1) Intermediate Appellate Court (Has been changed as Court of Appeals under the
present Administration) – this operates in ten (10) divisions, each comprising five
(5) members. The court sits en banc only to exercise administrative, ceremonial, or
other non-adjudicatory functions;

2) Regional Trial Courts -one which is presided by 720 Regional Trial Judges in each
of the thirteen (13) region of the country.

Basic Court System in the Philippines – A Four Level Hierarchy

In the Philippines the regular courts engaged in the administration of justice are organized
into four (4) levels or tries. At the highest level is the Supreme Court and below in the three levels
composing the lower courts. They are collectively known as the Judiciary. As thus organized, they
comprise what is preferred to as the integrated Judicial System.

29
 Review Courts Supreme Courts Fourth Level Courts

Third Level Courts

Second Level Courts

Court of Appeals
First Level Courts

Regional Trial Courts

Trial Courts

Metro TC, MTCC

1. First Level Courts

a. The Metropolitan Trial Courts

b. The Municipal Trial Courts in Cities

c. Municipal Trial Courts, and

d. Municipal Circuit Trial Courts.

Courts of the first level are essentially trial courts. They try and decide only the
particular types or classes of cases specified.

2. Second Level Court

▪ At the second level are Regional Trial Courts (RTCs). The Philippines is divided into thirteen
(13) regions: the National Capital Judicial Region (Metro Manila Area), and Twelve (12)
others (groups of two or more cities and provinces), from Region 1 in the North, to Region XII
in Mindanao. In each region, there is a RTC, composed of several branches.

▪ Like first level courts, RTCs are trial courts. They are courts of general jurisdiction they try
and decide not only the particular classes or kinds of cases assigned to them by law, but also
those which or not otherwise within the jurisdiction of courts of the first level.

▪ Regional Trial Courts also exercise appellate jurisdiction, to review cases from first level
courts.

3. Court of Appeal

▪ It is essentially an Appellate Court, reviewing cases appealed to it from Regional Trial Court.
It may review questions of fact or mixed questions of fact of law.

▪ Appeals to it as regards cases decided by the Regional Trial Court in the exercise of original
jurisdiction are a matter of right. But appeals with respect to cases decided by the RTC in the
exercise of its appellate jurisdiction are a matter of discretion.

▪ Occasionally, the Court of Appeals may act as a trial court. This, in actions praying for
annulment of final and executor judgments of Regional Trial Court on the ground of extrinsic
fraud subsequently discovered, against which no other remedy lies.

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 4. Supreme Court

The Supreme Court is the highest of the end. It is the review court. It is the court of the last
resort, for no appeal lies from its judgments and final orders. In the context of the Integrated
Judicial System in the diagram, it exercises Appellate jurisdiction over cases decided by the
court of appeals or Regional Trial Courts As a rule, only question of a law may be raised as
appeal.

Appeals in the Supreme Court are never a matter of right. The only exception is when the
penalty imposed by either Regional Trial Court or the Court of Appeals is death, reclusion
Perpetua, or life imprisonment. Indeed, when death penalty is imposed, the case automatically
goes up to the Supreme Court for review, even if the accused does not appeal. In any of these
three (3) cases, issues of fact, aside from issues of law, maybe raised before and decided by
the Supreme Court.

Jurisdiction and Venue:

Jurisdiction

Is the power and authority of a court to hear, try, and decide a case Jurisdiction of the court
may be general, limited, original, appellate, exclusive, concurrent, criminal and civil.

Types of Court Jurisdiction

General Jurisdiction - when the court is empowered to decide all disputes that may come
before it except those assigned other courts.

Limited Jurisdiction - when the court has authority to hear and determine only a few specified
cases.

Original Jurisdiction - when it can try and decided a case presented for the first time.

Appellate Jurisdiction - when it can try a case already heard and decided at the lower court
removed from the latter by appeal.

Exclusive Jurisdiction - when it can try and decide a case that cannot be presented to any
other court.

Concurrent Jurisdiction - when any of two or more courts may take cognizance of a case.

Criminal Jurisdiction - jurisdiction to try a case where there is punishment or penalty

provided by the law.

Civil Jurisdiction - the jurisdiction that exist when the subject matter is not of criminal nature.

Territorial Jurisdiction - the jurisdiction that exist basing on the place of commission of
commission of the offense.

Original Jurisdiction of the Supreme Court over petitions for certiorari, etc

It has original and exclusive jurisdiction over petition for the insurance of writ of certiorari,
prohibition and mandamus against the Court of Appeals.

(1) Certiorari - (As a special civil action, not as a means of elevating an appeal, infra.) it is a writ
(summon) issued form a superior court (Supreme Court, Court of Appeals, or Regional Trial
Court) requiring a lower court a board, or officer exercising judicial function to transmit the record
of a case to the superior court for purposes of review.

(2) Prohibition - It is a writ by which a superior court commands a lower court or corporation,
board or person acting without or in excess of its or his jurisdiction or with grave abuse of
discretion, to desist from further proceedings in an action or matter. It will lie only when
no appeal or any other remedy is available to the aggrieved party.

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(3) Mandamus - It is an order issued by a superior court commanding a lower court or a corporation,
board, or a persons to perform a certain act which it is its or his duty to do. Again, this writ will
lie only when no other remedy in the ordinary course of law is available. Mandamus is an art
affirmative remedy ordering a certain act to be done.

(4) Quo warranto - It is an action by the government to recover an office of franchise from an
individual or corporation usurping or unlawfully holding it.

Decision - Is the judgment rendered by court of justice or other competent tribunal after the
presentation of the respective positions of the parties in ordinary or criminal cases or upon a
stipulation of facts upon which the disposition of the cases is based.

Maximum Periods of rendering of decisions:

By constitutional mandate, the various courts must decide or resolve a case or matter thereto
within the following periods from the date of submission.
1. For SC (Supreme Court) - within 24 months
2. For the CA (Court of appeals) and other collegiate appellate court - within 12 months
unlessreduced by the SC.
3. For the Lower Courts (Inferior Courts) within 3 months unless reduced by the SC.

Arraignment
Is the stage in court proceedings wherein the clerk of court will read the nature of the
charge/s against the accused/defendant in the language or dialect that he/she can understand and
then he/she required to enter a plea of guilty or not guilty.

Motion to quash

▪ Is a move or motion to set aside, annulment made by accused of a criminal complaint against
him, at the time before he pleads.

▪ It is also a request to a court render to a court or lower judicial body null or invalid. It can arise
out of mistakes made by any lawyer in a court Grounds of Motion to Quash:

a. That the facts charged do not constitute an offense.

b. The court, trying the case has no jurisdiction over the offense charges or the person of
the accused;

c. The officer who filed the information has no authority to do so;

d. It does not conform substantially to the prescribed form;

e. More than one offense is charged except in those cases in which existing laws prescribed
a single punishment for various offense;

f. The criminal action or liability has been extinguished;

g. It contains averments which if true, would constitute a legal accuse or justification; and

h. The accused has been previously convicted or in jeopardy or being convicted or

acquitted or the offense charged.

Duplicity or multifariousness of offense

▪ Means the joiner of separate and distinct offenses in ones and the same complaint or
information.

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Plea bargaining

▪ The process of discussion or negotiations between the defense counsel and the prosecutor,
aimed and reaching an agreement whereby the prosecutor uses discretion to obtain from the
judge a lighter sentence in exchange of the defendant's entering a plea of guilty. Conceptually,
the process of plea-bargaining is entered into between the prosecutor and the defense lawyer
before the accused is arraigned.

Trial
▪ It is a judicial examination and determination of the issues in an action or proceeding, civil or
criminal.

▪ In criminal procedure, trial means all the proceedings in open court after the pleading are
finished and the prosecution is otherwise ready, done to and including the verdict.

Judgment

▪ The adjudication by the court that the accused is guilty or not guilty of the offence charged, and
the imposition of the proper penalty and civil liability provided for by the law on the accused.

Promulgation of judgments
▪ It in the process of reading the judgment in that the accused and the judge of the court in which
it was rendered.

New trial or Reconsideration New

Trial
▪ Is a re-examination of the issue in the same court and party litigants, where by error of law or
irregularities are expunged from the record, or new evidence is introduce, or both steps are
taken, upon motion of the accused, or at the instance of the court with the consent of the accused.

Motion for Reconsideration

▪ It contemplates no new hearing or preceding any kind or change in judgment is accomplished

on the basis of what is already in the record.

APPEAL

▪ A request that a case be removed from the lower court to the higher for the purpose of
conducting judicial review.

Where to appeal;

a. A. To the Regional trial court, in cases decided by the metropolitan trial court,
municipal trail court in cities, municipal circuit trial court;

b. To the court of appeal or to the supreme court in the proper cases provided by law,
in cases decided by the regional trial court; and

c. To the supreme court, in cases decided by the court of appeals.

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 Chapter V

CORRECTIONS

INTRODUCTION

The primary concern of the penology is what to do with prisoners. An old approach to this
fundamental call for his elimination, or at least his banishment and isolation from society. But the
era of purely vindictive societal reaction has given way to the humane treatment of criminal
offenders resulting in the present-day policy or rehabilitation and reformation.

Today the correctional programs are administered apart from the parole and probation
programs, the latter two programs/systems are being administered by the Parole and Probation
Administration. Even the Correctional institutions are administered separately, the city and
municipal jails, by the Bureau of Jail Management and Penology (BJMP), the provincial jail, by
the provincial executive, and the national prisons and penal colonies, by the Bureau of Corrections
(BUCOR). The BJMP took the place of INP (PNP while BUCOR took the place of the Bureau of
Prison (BOP).

Corrections consist of those executive agencies at all levels of government that are
responsible both directly and indirectly for the following functions:

i. To maintain institutions. The correctional component is responsible for

maintaining prisons, jails, halfway houses and other institutional facilities to receive
convicted offenders sentenced to a period of incarceration by the court.

ii. Protect law-abiding citizens. Corrections are responsible for providing custody and
security in order to keep sentenced offenders from preying on other members of
society through the further commission of crime.

iii. To reform offenders. During their period of incarceration in a correctional

institution, corrections are given the functions of developing and providing services
to assist incarcerated offenders to reform. Additionally, l, corrections are responsible
for developing to society upon his or her release and to lead a non-criminal life.

iv. To deter-crime. Corrections are responsible for encouraging incarcerated and

potential offenders to lead law-abiding lives through experiences of prison and denial
of liberty.

JAILS - Jails are primarily adult penal institutions used for the detention of law violators, its
original function was to house pre-order trial detainees or serve as places for the detention of
accused persons charged with having committed crimes.

Dual role of jail:

The modern jail system falls into 3 general classes:

1. Lock up jail - This is a security facility operated by the police department for the temporary
detention of persons held for the investigation or awaiting a preliminary hearing.
2. Jail - It houses both offenders awaiting court actions and those sentenced usually up to 3
years.

3. Workhouse/jail-farm or camp - This institution houses minimum custody offenders serving

short sentences, usually not more than 3 years. Operated by the city police department or by
provincial jail administration.

Importance of jail

Jails are intended not for the purpose of letting one to pay for the crime committed, or to
serve as a form of punishment of sort, but to: enable the wrongdoer to be reformed or rehabilitated
so that after release the will become a law-abiding and useful citizen of the community.

34
Prison

House prisoners who by reason of their sentence may be deprived of their liberty for more
than 3 years. It is administered by the state of national government.

The Philippine prison system

Of the component of the CJS, correction is the weakest, mainly because of its
failure to reform offenders and prevent them from returning to a criminal life. Correctional
services in the Philippines are primarily the responsibility of the bureau of prisons under
the Department of justice.

There are more than 1,500 correctional institutions in the Philippines, of this number, eight are
national institutions in the supervision and control of the director of prisons, 73 are provincial
jails administered by the provincial governors and assisted by jail wardens, and 61 are city and
1,445 municipal jails which are administered by the management and penology(BJMP).

Categories of prisoners

a. Classification or categories of prisoners

▪ Refers to assigning or grouping of offenders according to their sentence, gender, age,

nationality, health, criminal records etc.

b. Categories of offenders

1. Prisoners-convicted

2. Detainees-not yet convicted, waiting for final judgment, trial and investigation.

c. Classification of prisoners under PD 29.

1. Municipal prisoners - sentence is from 1 day but does exceed 6 months

2. Provincial prisoners - Sentence is more than 6 months but does not exceed 3 years or a
fine of not more than 1000 or both. But if a prisoner received two or more sentences in the
aggregate. Exceeding the period of 3 years he shall not be considered a provincial prisoner.
The imposition of subsidiary imprisonment shall not be taken into consideration in fixing
the status of a prisoner hereunder except when the sentence imposes a fide only.

3. City/district prisoners - Persons who by reason of their sentence may be deprived of

liberty for not more than 3 years or are subjected to a fine of not more than 1,000 pesos or
both

4. National prisoners/insular Prisoner - the sentence is more than 3 years

d. Classification of detainees

The 3 types of detainees

a. Undergoing investigation (lock-up)
b. A waiting or undergoing trial
c. Awaiting final judgment

A prison is a facility maintained for the confinement of convicted felons. Until the 18th
century, exile, execution, and various forms of corporal punishment were the most common
penalties for criminal acts.

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ORGANIZATIONAL SET-UP IF THE BUREAU OF CORRECTIONS:

1. New Bilibid prison

Satellite Units

a. Bukang Liwayway Camp – houses minimum-security prisoners who work in the

various projects of the institutions.

b. Sampaguita Camp – houses the medium security prisoners and it is where the
Reception and Diagnostics Center and Youth Rehabilitation center are located.

2. San Ramon and Pena Farm (Zamboanga)

Copra is one of the biggest sources of income of the Bureau of Correction. It is also raising
rice, corn, cattle and livestock.

3. Iwahig Penal Colony (Previously an institution for incorrigibles) House well behaved and
declared tractable prisoners. Enjoys the reputation of being the best open institution all
over the world.
a. Santa Lucia Sub-colony
b. Inagawan sub-colony
c. Montible sub-colony
d. Central sub-colony

Each operates as a small under the charge of the Penal Supervisor.

4. Davao Penal Colony

Abaca is the main source of the Bureau of Correction. The colony has been engaged in
a joint venture Tagum Development Company in a 3,000 hectares banana plantation.

5. Correctional Institution for Women (Mandaluyong)

House female prisoners and conduct vocational courses in dressmaking, beauty culture,
handcraft, cloth weaving and slipper making.

6. Correctional Center

a. Rehabilitations Centers for Youthful Offenders-whose age’s ranges from 9 to below 18

years of age. To be committed to the care of the DSWD.

b. Drug Rehabilitation Centers – these centers has been established for the treatment of drug
dependents. The existing Treatment and Rehabilitation Center is operated and maintained by
the NBI at Tagaytay City being funded by the Board.

Rehabilitation and Treatment Programs

Rehabilitations programs of prisoners can be carried out through the process of
classification, custody, and prisoners.

a. Employment of prisoners

b. Religious services

c. Educational programs

d. Recreational programs

e. Library services

f. Health services
g. Counseling

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 Chapter V

COMMUNITY

The community - is one of the components of the criminal justice includes but not limited
to individuals, private groups, and public entities who when performing or are involved in related
criminal justice activities, became a part of a system. The prevention and control of crime activities
includes those that appear to have the greatest potential for reducing crime and improving the
quality of life. Thus, prevention of crime is not only the sole duty and responsibility of the
government, particularly the first four components of the criminal justice system.

Composition of the Community

1. Home - Known as the “cradle of human personality

2. School - the strategic position to prevent crime and delinquency. It exercises authority
over every child who is of such school age.

3. Church - Plays an important role in the prevention which point out to be faithful to their
relationship to God and their fellowmen, and who work by example, lead them to live
normal and moral life.

4. Government - is the duly constituted authority that enforces the laws of the land; as such
it is most powerful institution as far as control of the people is concerned.

5. Mass Media - With the modern trends I communication, media has been considered the
best instrument for information dissemination and the best source of knowledge for the
public. It is through the mass media where public opinions were formed and that is where
influence lies.

6. Barangay - on August 5, 1974, PO No. 528 was made, and it lies the groundwork for the
decentralization of the government program for the prevention and control of crime and
delinquency on the communication level through the active involvement of the barangays
and their members.

Creation of Police Community Relations

The Police-Community Relation Units were created to establish harmonious relationship

between the police and the citizen. The community involvement in the CJS is necessary to show
its problems and to encourage action for the solution thereof, it is clear that police and the citizens
need each other to combat and eradicate criminality. This is feasible through constant dialogues
between seminars to acquaint the barangay tanods and police aids of their duties and
responsibilities in the performance of their function in the community. To win the hearts and minds
of the people, the police must follow the rule of law on dealing with the citizens by performing
their duties in a bumble and efficient manner and I by showing the public goodwill. The
participation of the citizen in anti-crime programs is perceived as one of the solutions to lessen
crime. One such project is the creation of the “ronda system” wherein volunteer’s residence in the
community banded together to patrol regularly within their area of responsibility to maintain peace
and order and to prevent crimes.

People’s Law Enforcement Board (PLEB)

The PLEB shall “hear and decide citizens’ complaints and cases filed before against erring
officers and members of the PNP, ”where the offense is punishable by withholding of privileges,
restrictions to specific limits, suspension or forfeiture of salary, or any combination thereof, for a
period exceeding thirty (30) days; or by dismissal. “The community is well represented in the
PLED as shown by its composition to wit:

37
 Any member of the sangguniang panglungsod chosen by his respective sanggunian; any
barangay chairman of the city or municipality concerned chosen by the association of barangay
chairman.

Three (3) other members who shall be chosen by the peace and order council from among
the respected members of the community known for their probity and integrity, one (1) of whom
must be a member of the Bar or, in the absence thereof, a college graduate, or the principal of the
central elementary school in the locality, (Republic Act No. 6975, section 41 (a) (3) and section
43 (b).

The active participation of Non-Government Organizations, etc.

The active participation of Non-Government Organizations (NGO’S), people

organizations (PO, s), business groups and civic professional organizations is evident by their
implementation of various projects which are aimed at assisting in the improvement of police
services such as the putting of police boxes and donating financial and logistical resources, and
the like; supporting the investigation and prosecution services; providing employment
opportunities, technical assistance and skills training of I inmates, probationer and parolees.

Representatives of these organizations sit as members of the NAPOLCOM technical Panel

on Crime Prevention and Criminal Justice, which formulates the Annual National Crime
Prevention.

Anti-drug organizations complement efforts of the dangerous Drug Board (DDB) and other
concerned government agencies in the campaign against drug abuse. Some barangay members and
students have organized their crime prevention councils.

The Role of the Community in the Reformation and Rehabilitation of Offenders:

Apathy among Filipino towards prisoners and ex-prisoners as public enemies should be
overcome and replaced by the belief that the latter a part of and not apaJ1 from society. It is that
correctional institutions should enlist the cooperation of the offender back in the society as a
normal social being. Correctional programs, no matter how well developed, cannot succeed
without the support from the community.

The Role of the Youth in Nation Building

Article II, Section 13 of the 1987 Constitution provides, “The recognizes the vital role of
the youth in nation-building and shall promise and provide their physical, moral, spiritual,
intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism and
encourage their development in public and civic affairs”.

The Role of Local Government Units:

Article X, Section 3 of the 1987 Constitution states “The Congress shall enact a local
government structures instituted through a system of decentralization with effective mechanisms
of recall, initiative and referendum, allocate among the different local government units their
powers, responsibilities and resources, and provide for the qualifications, election, appointment
and removal, terms and all other matters relating to the organization and operation of the local
units.

38
 What is restorative justice?

Restorative justice differs completely from the retributive model which is the basis for our
criminal justice system. The following chat summarizes many of the difference between the two
models.

COMMUNITY

VIO LE PROSE CO COR

Flow of Violation through the CRIMINAL JUSTICE SYSTEM

Restorative Justice

Moral Principle and Foundations for Restorative Justice

A. Restorative Justice is rooted in the biblical call for shalom. A call to wholeness for
individuals and relationships, wholeness in relationship with God and the relationship of
the community.

If we were to examine the various prohibition in the biblical text, we would see that they
seek to maintain shalom. We would also learn that Community was held as the highest value. Acts
which threatened the fabric of community were therefore considered the most serious offenses.
Ultimately, we would discover that the testimony of scripture is that justice pertains to
righteousness; (justice and righteousness are used interchangeably in scripture) that is the righting
of relationships, the recovery of community.

Restorative justice, the biblical definition of justice, then does not emphasize retaliatory
punishment – i.e isolation from community, but views justice is wholeness-shalom: for the victim,
the community, and for the offender. When a crime is committed, many people are hurt in the
process. Not only the crime victim, but also the victim’s family, the offender’s family, the
community as a whole and, ultimately even the offender suffers from the adverse consequences of
crime.

Restorative justice also includes intervention and prevention for those members of our
communities who are “at risk”. There is an acknowledgement that at times institutions and systems
have either failed or are inadequate in relationship to certain members of the community. Blame
and fault are not assessed but rather efforts are made to restore the individual, particularly
juveniles, to a competent law-abiding, productive person and member of the community.

The Biblical and Theological Basis of Restorative Justice

Crime results in injuries to communications, and offenders; the purpose of the criminal
justice process should to be address and repair those injuries.

1. Restitution

2. Accountability

3. Forgiveness

4. Personal Responsibility

5. Worthiness/Redemption

6. Discipline

7. Fairness

8. Reconciliation

39