Comprehensive

Review in Criminal
Justice System

Vinz Reginald O. Pangilinan, R. Crim
4th Placer, December 2017 C.L.E
 Criminal Justice System

 Criminal Justice System (CJS) is the machinery used by the
society to prevent and control crime. It is the tool of a
democratic government to protect the people against
criminality and other peace and order problems.
 In theory, CJS is an integrated process primarily concerned
with apprehension, prosecution, trial, adjudication, and
correction of criminal offenders.
 CJS is a legal process of linking the law enforcement,
prosecution, courts, corrections, and community to have an
integrated scheme of investigating and preventing crimes
with the ultimate purpose of promoting justice.
 Justice defined

 Justice is “rendering what is due or merited and that
which is due or merited.”
 According to Mortimer J. Adler, there are two
principles of justice:
a. Render to each his due.
b. Treat equals equally and unequal unequally but in
proportion to their inequality.
 Justice, according to the Supreme Court of the
Philippines, is symbolically represented by a
blindfolded woman, holding with one hand a sword
and with the other a balance.
 NATURE AND SCOPE OF
CJS

To prevent and control the commission of crime
To enforce the law
To safeguard lives, individual rights, and
properties of the people
To detect, investigate, apprehend, prosecute, and
punish those who violate the law
To rehabilitate the convicted criminal offenders
and reintegrate them into the community as law-
abiding citizens
 Nature and Scope of CJS

 CJS operates by linking the police, prosecuting agencies, courts,
correctional institutions, and the mobilized community to form an
operational cycle designed to promote justice for criminal victims as
well as those who are accused and convicted of crimes.
 The first four pillars - law enforcement, prosecution, courts, and
corrections - pertain to the government agencies vested with official
responsibility in dealing with crime prevention and control. The
community pillar has the broadest jurisdiction. Under the concept of
the participative criminal justice system in the Philippines,
government agencies, agencies in the private sector, non-
government organizations, and ordinary citizens, become a part of
the CJS upon involvement in issues and activities related to crime
prevention and control.
 CRIMINAL JUSTICE

REFERS TO THE STUDY OF ALL
GOVERNMENT AGENCIES THAT IS
TASKED TO PREVENT CRIMES AND
MAINTAIN PEACE AND SOCIAL ORDER IN
THE COMMUNITY
 THE CJS PROCESSES

 ARREST/APPREHENSION/INITIAL CONTACT
 CHARGING/ FILING OF COMPLAINT OR
INFORMATION
 ADJUDICATION/TRIAL
 SENTENCING/VERDICT/DECISION/ JUDGMENT
 CORRECTION/PENALIZATION/CRIMINAL
SANCTIONS
 REINTEGRATION
 DETERRENCE

It maybe described as prevention by
setting an example (e.g. imposition of
punishment on the offender) with the
end view of creating fear in the mind
of an individual who witnessed it in
order for him not to do the same in the
future.
 General Deterrence
Theory

Crimes can be thwarted by
the threat of punishment like
capital punishment.
 Specific Deterrence
Theory

The penalties should be sufficiently
severe to discourage especially second-
time offenders knowing that the gain is
not worth the punishment.
 CJS MODELS
(ACCORDING TO HERBERT PACKER)

Crime Control Model - is based on the idea
that the most important function of the CJS
is protection of the public and the
SUPPRESSION of criminal conduct – the
rights of the individuals are just secondary
Due Process Model – to the proponents of
this, the rights of an individual must be co-
equal with the concern for public safety.
 Criminal Law

It is that branch of substantive
public law, which defines
crimes, treats of their nature,
and provides for their
punishment.
 SUBSTANTIVE LAW

A division of LAW that defines
the elements that are necessary for
an act to constitute as a crime and
therefore punishable.
 TWO BASIC PRINCIPLES OF CRIMINAL
LAW IN THE ADMINISTRATION OF THE CJS

1. PRESUMPTION OF INNOCENCE
 accused of crimes are considered innocent until proven
guilty.
 No less than the Constitution of the Philippines provides
that an accused shall be presumed innocent until proven
guilty
2. BURDEN OF PROOF
 the government must prove beyond “reasonable doubt”
that the suspect committed the crime
 Unless his guilt is shown beyond reasonable doubt, he is
entitled to an acquittal.
 THE DIFFERENT NOMENCLATURES GIVEN TO
THE PERSON WHO IS BEING PROCESSED
UNDER THE CRIMINAL JUSTICE SYSTEM:

LAW ENFORCEMENT- SUSPECT
PROSECUTION- RESPONDENT
COURT- ACCUSED/DEFENDANT/
APPELLANT
CORRECTIONS-
PRISONER/CONVICT/ INMATE
COMMUNITY- CITIZEN
 Overview of CJS in the
Philippine Setting

 LAW ENFORCEMENT: This first pillar consists mainly of the police. The work
of the police primarily involves prevention and control of crimes by enforcing
the laws, investigating crimes, arresting offenders, and conducting lawful
search and seizure to gather necessary evidences needed to file a criminal
complaint.
 PROSECUTION: The second pillar takes care of the investigation of criminal
complaints to ensure that there are reasonable grounds in filing such
complaints. In rural areas, the police may file the complaint with the inferior
courts (Municipal Trial Courts or the Municipal Circuit Trial Courts). The
judges of these inferior courts act as quasi-prosecutors only for the purpose of
the preliminary investigation. Once a prima facie case has been determined, the
complaint is forwarded to the City or Provincial Prosecutor’s Office, which will
review the case. When the complaint has been approved for filing with the
Regional Trial Court, the court issues an arrest warrant for the accused once the
information has been filled.
 Overview of CJS in the
Philippine Setting

 COURTS: The courts provide opportunity for the prosecution to present evidence and
establish proof of criminal guilt of the accused. During trial, that the accused is given time in
the court to disprove the accusation against him.
 Our criminal justice system abides by the Constitutional presumption that any person accused
of a crime is presumed innocent unless proven otherwise. This means that the courts must
determine the guilt of the accused beyond reasonable doubt based on the strength of the
evidence presented by the prosecution. If there is any reasonable doubt that the accused
commit a crime, he has to be acquitted.
 The Rules of Court, however, provides that the accused can be convicted of a lesser crime than
the crime he has been charged with in the information. But the elements of the lesser offense
should be necessarily included in the offense charged, and such lesser crime was proven by
competent evidence.

 CORRECTIONS: The fourth pillar takes over once the accused, after having been found guilty,
is meted out the penalty for the crime he committed. He can apply for probation or he could
be turned over to a non-institutional or institutional agency or facility for custodial treatment
and rehabilitation. The offender could avail of the benefits of parole or executive clemency
once he has served the minimum period of his sentence. When the penalty is imprisonment,
 Overview of CJS in
Philippine Setting

 COMMUNITY: This pillar has 2-fold role.
First, it has the responsibility to participate in law enforcement activities by
being partners of the peace officers in reporting the crime incident, and
helping in the arrest of the offender.
Second, it has the responsibility to participate in the promotion of peace and
order through crime prevention or deterrence and in the rehabilitation of
convicts and their reintegration to society.
 Under the concept of a participative criminal justice system in the
Philippines, public and private agencies as well as citizens, become a part
of the CJS when they participate and become involved with issues and
activities related to crime prevention.
 Thus, citizen-based crime prevention groups become part of the CJS
within the framework of their involvement in crime prevention activities
and in the reintegration of the convict who shall be released from the
corrections pillar into the mainstream of society.
Law Enforcement Pillar

 Spanish Regime

Police forces organized during the Spanish regime were:
 Carabineros de Seguridad Publico (Mounted Police): This was organized in
1712 for the purpose of carrying out the policies of the Spanish government.
Carabineros were armed and considered as the mounted police. Later, they
discharged the duties of a port, harbor, and river police.
 Guardrilleros: This was a body of rural police organized in each town that
was created by the Royal Decree of January 8, 1836. This police 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.
 Guardia Civil: This was the police organization created by the Royal Decree
issued by the Spanish Crown government on February 12, 1852. It relieved
the Spanish Peninsular Troops of their works in policing towns. It consisted
of a body of Filipino policemen organized originally in each of the provincial
capitals of the central provinces of Luzon under the command of Alcalde
(Governor).
 Japanese Regime

 The Japanese Military Police known as
“Kempetai” was held responsible in maintaining
peace and order in Manila. The Manila Police,
which was created during the first American
occupation, was renamed into Metropolitan
Constabulary under the Bureau of Constabulary.
Kempetai ruled the urban areas until Gen.
Douglas McArthur returned on February 7, 1945.
 American Occupation

 Insular Police Force was established on Nov. 30, 1890 during the Filipino-American war (1898-
1901) upon the recommendation of the Philippine Commission to the Secretary of War.
 Another Insular Police Force 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 was organized on July 31, 1901 by virtue of Act # 183 of the
Philippine Commission. The 1st Chief of Police was Capt. George Curry.
 The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by virtue of Act #
255. Capt. Henry T. Allen was the 1st Chief of the Philippine Constabulary. The PC was
manned mostly by Filipinos but officers were mostly Americans.
 Revised Administrative Code of 1917 was approved a year before World War I (August 1914
to November 1918) ended. In section 825 of this law, it stated that the Philippine
Constabulary is a national police institution for preserving the peace, keeping order and
enforcing the law.
 In November 1938, Act # 181 required the creation of a Bureau of Investigation. This agency
should be the modification of the Division of Investigation (DI) from the Department of
Justice. Finally, on June 19, 1947, RA 157 was enacted which created the National Bureau of
Investigation.
Post World War 2

a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion and
reorganization of the NBI. This law established that the NBI is both an investigative and
research service agency.

c. On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of 1966 was
enacted. The law created the office of the Police Commission (which was later called National
Police Commission) under the Office of the President. Originally, the POLCOM was created as
a supervisory agency to the PC. Its function is to oversee the training and professionalization of
the local police forces. Through this law, reformation and professionalization of the police
service gained official recognition.

d. On Aug. 8, 1975, Presidential Decree # 765 was enacted and stipulated that the office of the
NAPOLCOM should be under the office of the Ministry of National Defense. It defined also the
relationship between the Integrated National Police and the Philippine Constabulary. This was
in compliance with the provisions of Section 12, Article 15 of the 1973 Philippine Constitution.

e. On December 13, 1990, Republic Act # 6975 was approved by then President Corazon
Aquino. This law is known as the DILG Act of 1990 and but it is also recognized as The PNP
Law of 1991. This law created the Philippine National Police and declared it to be the only
police force of the country with national scope and civilian in character.

f. On February 25, 1998, the provisions of Republic Act # 6975 concerning the PNP were
amended when Republic Act # 8551 was approved by President Fidel Ramos. RA # 8551,
known as the PNP Reform and Reorganization Act of 1998, reorganized the PNP for the
purpose of reforming or professionalizing it.
 LAW ENFORCEMENT

 Law enforcement may refer to the policing body of the society or the
police force created by the government.
 Law enforcement, used in another perspective, is the process of
implementing the laws enacted by the legislative body of the national and
local government for the purpose protecting the life, rights and properties
of the people while maintaining the peace and order in the society. Law
enforcement, as an activity, is therefore synonymous to police operations.
 Law Enforcement operations encompass the following: Prevention of
crime, Repression of criminal activities, Preservation of peace and order,
Protection of life and property, Enforcement of laws and ordinances,
Regulation of non-criminal conduct, Apprehension of criminals, Prompt
execution of the criminal processes of the courts, Coordination and
cooperation with other law enforcement agencies, Safeguarding health
and public morals
 POLICE FUNCTIONS

 Based on the law enforcement operations stated
above, the following are inherent police functions :
Investigating crimes, Filing charges against
perpetrators/offenders, Assisting the prosecution in
the trial of criminal cases, Collecting, preserving,
keeping and presenting physical evidences to the
courts, Aiding and evaluating victims of criminal
attacks, Testifying in courts in any criminal
prosecution, Apprehension of law-violators
 POLICE FUNCTIONS

 Providing necessary services in the reformation of
convicted offenders
 Assisting in the amicable settlement of minor civil or
criminal cases particularly in the damages and
indemnifications
 Providing protection and security to complainants or
witnesses who are subject to criminal harassment
 Delivering of notices to witnesses
 Effecting court orders to suspected offenders and
hostile witnesses
 When a crime is committed, how does
it reach the attention of the police?

When witnesses or concerned citizens report
a criminal incident
When the offended party files a criminal
complaint
By the spontaneous action or self-initiation
of the directly concerned Law Enforcement
agencies
 PHILIPPINE NATIONAL
POLICE

Organized pursuant to RA 6975, as
amended by RA 8551 as further
amended by R.A. 9708.
THE PRIMARY POLICE FORCE OF
THE PHILIPPINES
 CONSTITUTIONAL BASIS
OF RA 6975

 Section 6, Art. XVI of the 1987
Philippine Constitution expressly
provides that the State shall establish
and maintain one police force, which
is national in scope and civilian in
character to be administered by a
national police commission.
 R.A 6975

On December 13, 1990, Republic
Act # 6975 was approved by then
President Corazon Aquino.
This law is known as the DILG Act
of 1990 and but it is also
recognized as The PNP Law of
1991.
 R.A 8551

On February 25, 1998, the provisions of
Republic Act # 6975 concerning the PNP
were amended when Republic Act # 8551
was approved by President Fidel Ramos. RA
# 8551, known as the PNP Reform and
Reorganization Act of 1998, reorganized the
PNP for the purpose of reforming or
professionalizing it
 REPUBLIC ACT 9708

 the institution of a criminal action or complaint against
a police officer shall not be a bar to promotion
 That upon finding of probable cause
 That if the case remains unresolved after two (2) years
from the aforementioned determination of probable
cause, he or she shall be considered for promotion.
 punishable by reclusion perpetua or life imprisonment,
and the court has determined that the evidence of guilt
is strong,
 ARREST

Arrest is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.
MODES OF ARREST
 Arrest by virtue of a warrant
Arrest without a warrant
 An arrest may be made on any day and at any
time of the day or night, even on a Sunday.
 
 RA 7438

A person who is under custodial
investigation is basically protected by
a number of rights mandated under
the constitution and this was even
expounded in the legislative act
known as the “R.U.C.I”
 WARRANT OF
ARREST

It is an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
take a person into custody in order that he may
be bound to answer for the commission of an
offense
Shall remain valid until the person to be arrested
has been arrested or has surrendered
 SEARCH AND
SEIZURE

Search refers to the examination of an
individual’s person, house, papers or
effects, or other buildings and
premises to discover contraband or
some evidence of guilt to be used in
the prosecution of a criminal action
 SEARCH WARRANT

 It is an order in writing issued in the name of the
People of the Philippine, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein,
and bring it before the court
has a validity period of TEN (10) days
can be served only once within its validity period
 Warrantless Searches

 Warrantless search incidental to a lawful arrest under
Sec. 12, Rule 128 Rules of Court (in flagrante delicto
arrest).
 Seizure of evidence in plain view/plain view doctrine
 Search of a moving vehicle
 Consented warrantless search
 Customs search
 Stop and frisk search, and
 Exigent and emergency circumstances
 NATIONAL BUREAU OF
INVESTIGATION (NBI)

Commonwealth Act No. 181 - Division of
Investigation
Republic Act No. 157, it was reorganized
into the Bureau of Investigation.
Executive Order No. 94 issued on October
4, 1947 renaming it to what it is presently
known, the National Bureau of
Investigation (NBI).
 PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA)

 created by the virtue of Republic Act 9165.
 serves as the implementing arm of the Dangerous Drug
Board (DDB).
 Responsible for the efficient and effective law enforcement of
all the provisions on any dangerous drug and/or controlled
precursor and essential chemical as provided in RA 9165.
 headed by Director General with the rank of Undersecretary,
appointed by the President.
 The head of the PDEA is assisted by 2 deputies Director
General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by the
President
 OTHER GOVERNMENT AGENCIES
WITH SPECIAL LAW ENFORCEMENT
POWERS

 Bureau of Immigration

 Bureau of Customs
 Bureau of Internal Revenue (BIR)
 Bureau of Food and Drugs (BFAD)
 Bureau of Quarantine
 Land Transportation Office (LTO)
 Maritime Industry Authority (MARINA)
 Movie and Television review and Classification Board (MTRCB)
 Optical Media Board (OMB)
 Intellectual Property Office (IPO)
 Department of the Environment and Natural resources (DENR)
 Bangko Sentral ng Pilipinas (BSP)
 Other government agencies clothed with special law enforcement powers
Prosecution Pillar

 CONCEPT OF
PROSECUTION

Prosecution may refer to the agency responsible in
presenting the government’s position in criminal
cases and evaluating evidences presented by the
law enforcement.
Prosecution is the legal process/method by which
an accusation is brought to the court (or any
judicial and quasi-judicial body) for proper
adjudication/arbitration (settlement)
 PROSECUTION
AGENCIES

 Government agencies
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal
Prosecutors
f. Public Attorneys Office
 PROSECUTION
AGENCIES

Non-Government prosecuting agencies
IBP – CLAO – FLAG – MABINI - Other legal-aid
lawyer associations
Attorneys in private practice should be deemed a
part of this CJS component. They represent the
parties (complainant and respondent) in
proceedings before the public prosecutors.
 Functions of Prosecution
Agencies

Evaluate the police findings referred to them,
or other complaints filed directly with them by
individual persons ;
File corresponding criminal complaints or
information in the proper courts on the basis
of their evaluation on the proofs at hand; and
Prosecute all alleged offenders in court, in the
name of the people of the Philippines
 FUNCTIONS OF THE
PROSECUTION AGENCIES

Evaluate
File corresponding
Prosecute
 THE NATIONAL
PROSECUTION SERVICE (NPS)

 NPS was created by virtue of Presidential Decree No.
1275
 This law was enacted on April 11, 1978.
 The NPS is under the supervision and control of the
Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government.
 headed by a Prosecutor General (formerly known as
Chief State Prosecutor) pursuant to R.A. 10071,
otherwise known as the “Prosecution Service Act of
2010”.
 PROSECUTOR V

WHAT IS THE HIGHEST
RANK IN THE NATIONAL
PROSECUTION SERVICE?
 SOLICITOR GENERAL

Represent the Government in the Supreme
Court and the Court of Appeals in all criminal
proceedings; represent the Government and its
officers in the Supreme Court, the Court of
Appeals, and all other courts or tribunals in all
civil actions and special proceedings in which
the Government or any officer thereof in his
official capacity is a party
 The Office of the
SolicitorGeneral
represents the Government of the Philippines, its
agencies and instrumentalities and its officials
and agents in any litigation, proceeding,
investigation or matter requiring the services of
lawyers.
When authorized by the President or head of the
office concerned, it shall also represent
government owned or controlled corporations.
 OFFICE OF THE
OMBUDSMAN

Investigate and prosecute on its own or on
complaint by any person, any act or omission of
any public officer or employee, office or agency,
when such act or omission appears to be illegal,
unjust, improper or inefficient.
It has primary jurisdiction over cases cognizable
by the Sandiganbayan and, in the exercise of his
primary jurisdiction, it may take over, at any
stage, from any investigatory agency of
Government, the investigation of such cases;
 PUBLIC ATTORNEY’S
OFFICE

The PAO shall independently discharge its
mandate to render, free of charge, legal
representation, assistance, and counselling to
indigent persons in criminal, civil, labor,
administrative and other quasi-judicial cases. In
the exigency of the service, the PAO may be
called upon by proper government authorities to
render such service to other persons, subject to
existing laws, rules and regulations.”
 Prosecutor

 A Prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at
his office and perform other prosecution functions as
provided by law.
 The Prosecutor is not just an ordinary official of the
government; he is an officer of the court whose criminal
responsibility under the law is to carry 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 has a
dual function/duty

As a Prosecutor per se: Basically, the Prosecutor
represent the governments position in a criminal
case during court proceedings from the time of the
suspect’s arrest until the adjudication of his case.
As the chief law enforcement officer: The
Prosecutor has the inherent responsibility to
supervise all criminal cases under investigation by
the local police force as well as non-prosecution
police-oriented activities.
The Prosecution Process

 Filing of Complaint

Complaint is legally defined as a
sworn written statement charging a
person with an offense, subscribed by
the offended party, any peace officer
or other public officer charged with
the enforcement of the law violated.
(Sec. 3, Rule 110, RRC)
 Preliminary
Investigation

Preliminary Investigation refers to an
inquiry or proceeding for the purpose
of determining whether there is a
sufficient ground to engender a well-
founded belief that a crime has been
committed and that the
suspect/respondent is probably guilty
thereof, and should be held for trial.
 Inquest procedure

Is an inquiry made by the duty
prosecutor to determine the
legality of the arrest made
especially those arrests made
without a warrant.
 Officers authorized to conduct
Preliminary Investigation

Provincial or City fiscals and their
assistants
Judges of the MTC and the MCTC
National and Regional state prosecutors
Such other officers as may be
authorized by law
 PROCEDURE FOR PRELIMINARY
INVESTIGATION (Section 3, Rule 112,
Criminal Procedure)

10 DAYS – DISMISS OR ISSUE
SUBPOEAN TO THE RESPONDENT
10 DAYS – COUNTER AFFIDAVIT
10 DAYS - CLARIFICATORY HEARING
10 DAYS – PROBABLE CAUSE
 SUBPOENA

It is a process directed to a person
requiring him to attend and to
testify at the hearing or the trial of
an action, or at any investigation
conducted under the law, or for the
taking of his deposition (Section 1,
Rule 23, Rules of Courts).
 Filing of Information

Information is defined as an accusation in
writing charging a person with an offense
subscribed by the prosecutor and directly
filed with court. By definition, it is only the
prosecutors authorized to file information
document to the court.
 Arraignment

Arraignment is the stage of
criminal proceeding purposely
done to determine the identity of
the accused in the court (Sec. 1,
Rule 116)
 BAIL

Bail is the security given for the release
of a person in custody of the law,
furnished by him or a bondsman, to
guarantee his appearance before any
court as required under conditions
hereinafter specified. [Rule 114, Sec. 1]
 BAIL AS A MATTER OF
RIGHT

When bail is a matter of right [Rule114,
Sec. 4]
Before or after conviction by the MTC.
Before conviction by RTC of all offenses
punishable by penalty lower than
reclusion perpetua.
 WHEN BAIL NOT
AVAILABLE

When evidence of guilt is strong in capital
offenses or those punishable by reclusion
perpetua or life imprisonment.
WHEN THE JUDGMENT BECAME “FINAL”
Exception: When the accused is a minor, he
is entitled to bail regardless of whether the
evidence of guilt is strong (RA 9344)
 WHEN BAIL A MATTER OF
DISCRETION
[RULE 114, SEC. 5]

Before conviction, in offenses
punishable by death, reclusion
perpetua or life imprisonment.
Upon conviction by the RTC of an
offense not punishable by death,
reclusion perpetua or life
imprisonment.
 Forms of Bail

 Cash Deposit – the money that is deposited in cash with the
nearest collector of internal revenue or to the local treasurer by
the accused person or any person acting in his/her own behalf
 Corporate Surety – a bond subscribed jointly by the accused
and an officer duly authorized by the board of directors of any
domestic or foreign corporation licensed as a surety provider in
accordance with law and currently authorized to act as such
 Property Bond – an undertaking constituted as a lien on the
real property given as security for the amount of bail
 Recognizance – a written promise to appear in court during any
legal proceeding conducted for the purpose of trial or any
judicial proceeding of a case under investigation
 Detention

 accused persons who cannot post bail while
their case is under trial or investigation;
 accused persons who are waiting for the
court’s decision of their case; and
 minors and insane people who need police
custody for security or protection purposes
The Courts

 THE CONCEPT OF
COURT

 In a democratic and republican government, the powers of government are
distributed among three branches: the legislative, the executive and the
judiciary. The legislative power is vested to the Congress, which is composed
by the Senate and the House of Representatives in national level. The
executive power is vested to the office of the President and his cabinets. The
judicial power is vested to the Supreme Court and in such lower courts as
may be established by law.
 The court is a body to which the public administration of justice is delegated.
It is a tribunal officially 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.
 Courts are judicial tribunals engaged in the administration (or dispensation)
of justice. They exist in every civilized country to resolve and end disputes in
accordance with law – peacefully, in an orderly manner, authoritatively,
definitely and finally.
 JUDGE

The 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 a court of
justice.
 Court Judge

1. Incorporeal entity 1. Single entity

2. Composed of 1 or more 2. Indispensable part of the

judges court

3. Cannot exist without a 3. Can exist without a court

judge
 Justice Administration

 Determination of the relevant facts- is accomplished by reception
of the evidence of the parties involved in the controversy, and its
assessment by the judge to discover what are the facts thereby
established.
 Application of the law to the facts (thus established by the
evidence) connotes- the ascertainment and confirmation of what
the law provides in light of the facts proved, and the
pronouncement by the judge in accordance therewith of which of
the parties is in the right, and what are their specific rights and
responsibilities with respect to each other. That pronouncement
must be made clearly and definitely, leaving no issue unresolved,
in line with the purpose of courts, which is to put an end to
disputes.
Judicial Power

 THE CONCEPT OF
JUDICIAL POWER

 Judicial power is the power to apply the laws of the land to
contests or disputes concerning legally recognized rights or
duties between:
1. The government and private persons;
2. The individual parties/litigants in cases brought before the
courts.
 Judicial power is vested to the Supreme Court and in such
inferior courts as may be established by law. As defined by
Justice Conception, judicial power is the authority to settle
justifiable controversies or disputes involving rights of
justice, or the redress of wrongs for violations of such
rights.
 Scope of Judicial Power

 To pass upon the validity or constitutionality of
existing laws, rules and regulations
 To interpret and construe laws that are already
enacted
 To render authoritative judgment
 To exercise other incidental powers necessary
to effectively discharge other judicial functions
 Judicial Independence

 Judicial Independence is the freedom of the court to
settle legal controversies or disputes “with an
impartial eye and an even hand”, and bowing to no
one except the law. It is the freedom of the judges to
perform their functions without interferences from
the executive or legislative branch of the
government.
 THE CONCEPT OF POWER
OF JUDICIAL REVIEW

 The Power of Judicial Review is the power of the
courts, ultimately of the Supreme Court, to interpret
the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the
fundamental law.
Basic Courts System in
the Philippines

THE COURT SYSTEM IN THE PHILIPPINES:
Court System is made up of two (2) categories, namely:
THE REVIEW COURTS and TRIAL COURTS.
REVIEW COURTS:
• SUPREME COURT
• COURT OF APPEALS
TRIAL COURTS:
• REGIONAL TRIAL COURT (RTC)
• METROPOLITAN TRIAL COURT (MTC)
• MUNICIPAL TRIAL COURT IN CITIES (MTCC)
• MUNICIPAL CIRCUIT TRIAL COURT (MCTC)
• MUNICIPAL TRIAL COURT (MTC)
In addition to the regular courts of justice constituting
the Integrated Judicial System…
SPECIAL COURTS or QUASI-JUDICIAL COURTS are
added:
SANDIGANBAYAN (ANTI-GRAFT COURT) -PD 1606
ISLAMIC COURT (SHARI’AH COURT) – PD 1083
COURT OF TAX APPEALS or CTA (for tax cases)
- RA 1125
NATIONAL LABOR RELATIONS COURTS or NLRC
(labor disputes)
JUDGE ADVOCATE GENERAL SERVICE (JAGS)
(military court)
QUASI-JUDICIAL ADMINISTRATIVE
COURTS:

• CIVIL SERVICE COMMISSION (CSC)

• COMISSION ON ELECTIONS (COMELEC)
• SECURITIES AND EXCHANGE COMMISSION
(SEC)
• NATIONAL LABOR RELATIONS COMMISSION
(NLRC)
• ENERGY REGULATORY COMMISSION (ERC)
A. TYPES OF COURT JURISDICTION
1. General Jurisdiction – when the court is empowered to decide all
disputes that may come before it except those assigned to other
courts
2. Limited Jurisdiction – when the court has authority to hear and
determine only a few specified cases
3. Original Jurisdiction – when it can try and decide a case
presented for the first time
4. Appellate Jurisdiction – when it can try a case already hear and
decided at the lower court removed from the latter by appeal
5. Exclusive Jurisdiction – when it can try and decide a case that
cannot be presented to any other court
6. Concurrent Jurisdiction – when any of two or more courts may
take cognizance of a case
7. Criminal Jurisdiction – jurisdiction to try a case where there is
punishment or penalty provided by the law
8. Civil Jurisdiction – jurisdiction that exists when the subject matter
is not of criminal nature
9. Territorial Jurisdiction
 Decision

Decision is the judgment rendered
by a 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 case is based.
Court Organization in
the Philippine Setting

 The MeTCs, and MCTCs

 Jurisdiction of MeTCs, MTCs, and MCTCS:
1. Exclusive jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction. (As amended by RA
7961)

2. Exclusive original jurisdiction over all offenses punishable with

imprisonment not exceeding 6 years irrespective of the amount of fine, and
regardless of other imposable accessory of other penalties, including the civil
liability arising from such offenses or predicated thereon, irrespective of kind,
nature, value or amount thereof. Provided, however, that in offenses
involving damage to property through criminal negligence, they shall have
exclusive original jurisdiction thereof. (As amended by RA 7961)

 Exception: In cases falling within the exclusive original jurisdiction of RTCs

and of the Sandiganbayan
The MeTCs, and MCTCs

Territorial jurisdiction: MeTCs,
MTCs and MCTCs exercise their
jurisdiction in the city, municipality
or circuit where the judge thereof is
appointed or designated.
 Authority to Conduct
Preliminary Investigation

Judges of MeTCs (except those in the NCR), MTCs,
and MCTCs have the authority to conduct
preliminary investigation of crimes alleged to have
been committed within their respective territorial
jurisdictions that are cognizable by the RTCs.
Session Hours: MeTCs, MTCs and MCTCs hold
daily sessions from Monday to Friday – from 8:30
am to 12:00 noon and from 2:00 to 4:30 pm.
REGIONAL TRIAL
COURTS

 Composition of the RTC

There are 720 Regional Trial
Court Judges in the Philippines
coming from every region in the
country.
 Jurisdiction of RTCs

 Jurisdiction of the RTC in criminal cases: RTCs exercise exclusive
original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those now falling
under the exclusive and concurrent jurisdiction of the
Sandiganbayan that is exclusively taken cognizance of by the latter.
 Appellate jurisdiction: RTCs exercise appellate jurisdiction over all
cases decided by Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts in their respective territorial
jurisdictions.
 Territorial Jurisdiction: The RTC exercises its jurisdiction within the
area defined by the Supreme Court as the territory over which the
particular branch concerned exercises its authority, in accordance of
Section 18 of BP 129.
 Session Hours

RTCs hold daily sessions from
Monday to Friday – from 8:30 am
to 12:00 noon and from 2:00pm to
4:30 pm.
Court of Appeals

 Composition (Sec 3, BP 129)

 The Court of Appeals is composed of 1 Presiding
Appellate Justice and 68 Associate Appellate
Justices who are appointed by the President. The
CA may sit en banc or in 10 divisions. The CA
operates as one body for the purpose of exercising
the following functions:
a. administrative
b. ceremonial
c. other non-adjudicatory functions
 Jurisdiction of the CA

 Original jurisdiction to issue writs of mandamus, prohibition, habeas
corpus, and quo warranto, and an auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction;
 Exclusive original jurisdiction over actions for annulment of judgments of
RTCs; and
 Exclusive appellate jurisdiction over all final judgments, decisions,
resolutions, orders or awards of RTCs and quasi-judicial agencies,
instrumentalities, boards or commissions, including the Securities and
Exchange Commission and the CSC, except those falling within the
appellate jurisdiction of the SC in accordance with the constitution, the
Labor Code of the Philippines (PD442 as amended), and the provisions of
BP 129.
 Note: The party bringing the case to the CA is called APPELLANT and the
adverse party is called APPELLEE but the title of the case remains as it
was in the lower court.
Supreme Court

 Composition of the
Supreme Court

The Philippine Supreme Court is
composed of one Chief Justice and
14 Associate Justices who are
appointed by the President.
(Article VII, Section 4-1, Phil.
Constitution)
 Sitting Procedure

The SC may sit en banc or in divisions of 3, 5, or 7
members. On the basis of 15 members, the number
of divisions will be 5, 3, or 2, meeting separately.
In case of 2 divisions, one division is composed of 8
members while the other is compose of seven. The
SC decides whether or not it sits in one division.
The purpose of sitting in divisions is to increase the
capacity of the SC to dispose cases pending before
it.
 Powers of the Supreme
Court

 Exercise original jurisdiction over case of affecting ambassadors, other public
ministers and consuls, and other petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
 Review, revise, reverse, modify, or affirm on appeal or certiorari as the law
or the Rules of Court may provide, final judgments and other lower courts
in:
 All cases in which the constitutionality or validity of any treaty, international
or executive, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
 All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
 All cases in which the jurisdiction of any lower court is in issue.
 All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
 All cases in which only an error or question of law is involved.
 Powers of the Supreme
Court

 Assign temporarily judges of lower courts to other stations as public
interest may require. Such temporary assignment should not exceed 6
months without the consent of the judge concerned.
 Order a change of venue (place of trial) to avoid miscarriage of justice.
 Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts,
the admission to the practice of law, the Integrate bar, and legal
assistance to the underprivileged. Such rules provide a simplified and
inexpensive procedure for the speedy disposition of cases and it is
uniform for all courts of the same grade, and it does not diminish,
increase, or modify substantive right. Rules of procedure of special
courts and quasi-judicial bodies remain effective unless disapproved
by the SC.
 Appoint all officials and employees of the Judiciary in accordance
 When can the SC order a change
of venue (or place of trial)?

The SC can order a change of
venue or place of trial whenever
the imperative of securing a fair
and impartial trial or of preventing
a miscarriage of justice so
demands.
 Procedure in the
Supreme Court

 The procedure in the SC in original as well as in
appealed cases shall be the same as in the CA unless
otherwise provided by the Constitution or the law.
 The procedure for the review by the SC of decisions
rendered by the CA in criminal cases shall be the same as
in civil cases.
 When the court en banc is equally divided in opinion or
the necessary majority cannot be had, the case is reheard,
and if in rehearing no decision is reached, the judgment
of conviction of the lower court is reversed and the
accused acquitted.
 SANDIGANBAYAN

 Presidential Decree No 1606.
 Its rank or level is equal to that of the Court of
Appeals and Court of Tax Appeals.
 It is composed of a Presiding Justice and fourteen
(14) Associate Justices.
 It has original exclusive jurisdiction over public
officers accused of committing crimes in relation to
their official functions and whose salary grade is 27
and above.
 COURT OF TAX
APPEALS
 (CTA)
 created by Republic Act No 1125, as amended by
Republic Act No 9282.
 Its rank or level is equal to that of the Court of
Appeals and Sandiganbayan.
 It is composed of a Presiding Justice and five (5)
Associate Justices.
 - It has both the original and appellate jurisdictions
over civil and criminal tax cases involving the
National Internal Revenue Code, Tariff and Customs
Code and the Local Government Assessment Code.
 SHARI’A COURTS

created pursuant to Presidential Decree
1083, otherwise known as the Code of
Muslim Personal Laws of the Philippines.
It has exclusive jurisdiction over cases that
pertain to family rights and duties as well as
contractual relations of Filipino Muslims.
And decisions rendered by the Shari’a
District Courts are final.
 DUE PROCESS AND THE EQUAL
PROTECTION OF THE LAW

Section 1, Article III of the 1987
Philippine Constitution states that
no person shall be deprived of life,
liberty or property without the due
process of law nor shall anyone be
denied the equal protection of the
law.
Corrections

 CORRECTIONS

 The fourth pillar takes over once the accused, after having
been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be
turned over to a non-institutional or institutional agency or
facility for custodial treatment and rehabilitation. The
offender could avail of the benefits of parole or executive
clemency once he has served the minimum period of his
sentence.
 When the penalty is imprisonment, the sentence is carried
out either in the municipal, provincial or national
penitentiary depending on the length of the sentence meted
out
 Corrections defined:

 Corrections is one branch of criminal justice concerned with the
custody, supervision, and rehabilitation of convicted offenders.
 As a process, Correction refers to the reorientation or re-
instruction of the criminal offender in order to prevent him/her
from repeating his deviant or delinquent actions. In correcting
the deviant behavior of the offender, the process does not
consider the necessity of taking punitive actions.
 It is a generic term that includes all government agencies,
facilities, programs, procedures, personnel, and techniques
concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders (Allen and
Simonsen, Corrections in America).
 Prison

Prison is synonymous with penitentiary; a
classical place of torture and extreme hardship.
(Traditional description)
It is an institution for the incarceration of
persons convicted of major/serious crimes.
It may refer to a building or other place
established for the purpose of taking safe
custody or confinement of criminals or others
committed by lawful authority.
 Jail

A Jail is a place for locking-up persons who are
convicted of minor offenses or felonies.
It refers to a local or temporary place for
confinement of criminal offenders, as
distinguished from prison.
It is a facility purposely designed for detaining
or confining persons who are awaiting trial and
who are already convicted but suffering short
term of imprisonment.
 PUNISHMENT

 Punishment is the penalty imposed for the transgression
of law. It refers to any ill suffered in consequence of
wrongdoing. There are two (2) major goals of
punishment:
1. To inflict deserved suffering on evil doers; and
2. Prevention of crime
 PENALTY

 Penalty refers to the consequences (such
as suffering or loss) that follow the
transgression of laws. Strictly speaking, it
is the judicial punishment for crime or
violation of a law.
 Imprisonment

 Imprisonment refers to the state or condition of being
constrained, restrained, or incarcerated in confined room
or building. It is actually a form of conventional
punishment of criminal offenders. There are three (3)
traditional purposes of Imprisonment.
1. To insure the presence of the accused during trial
2. To administer punishment by confinement or
incarceration
3. To secure the society from being molested by undesirable
characters.
 Legal Bases of Correctional
Administration in the Philippine Setting

 The State values the dignity of every human person and guarantees
full respect for human rights (Sec. 11, Art. II)
 No person shall be detained solely by reason of his political beliefs and
aspirations (Sec. 18 (1), Art. III)
 No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted (Sec. 18, (2), Ibid.)
 Excessive fines shall not be imposed, nor cruel, degrading punishment
or inhuman punishment inflicted. x x x (Sec. 19 (2), Ibid.)
 The employment of physical, psychological, or degrading punishment
against any prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman conditions shall be dealt
with by law (Sec. 19, (2), Ibid.)
 Probation Law (P.D. No.
968) states that

 One of the major goals of the government is to establish a
more enlightened and humane correctional system that
will promote the reformation of offenders and thereby
reduce the incidence of recidivism;
 The confinement of all offenders in prisons and other
institutions with rehabilitation programs constitutes an
onerous drain on the financial resources of the country;
and
 There is need to provide a less costly alternative to the
imprisonment of offenders who are likely to respond to
individualized, community-based treatment programs.
Correctional Agencies in
the Philippines

 Correctional Agencies in
the Philippines

a. Agencies engaged in institutional corrections
 Bureau of Corrections
 Provincial Jails
 Bureau of Jail Management and Penology

b. Agencies engaged in non-institutional corrections

 Parole and Probation Administration (PPA)
 Board of Pardons and Parole
 Department of Social Welfare and Development (Bureau of
Child and Youth Welfare)
 Forms of Punishment

 Death penalty – capital punishment
 Imprisonment – the legal process of confining the
offenders in prison for the purpose of protecting the
public and at the same time rehabilitating them while
undergoing institutional treatment program.
 Destierro (banishment/exile ) - the penalty of banishing a
person from the place where he committed a crime,
prohibiting him to get near or enter the 25 km.-perimeter.
 Fine or compensation
 Civic duties
 DURATION OF PENALTIES

 RECLUSION PERPETUA - imprisonment of more than 20 years;
maximum imprisonment of 30 years; the prisoner (convict) may apply for
executive clemency (pardon) unless he is disqualified by law
 RECLUSION TEMPORAL - imprisonment of 12 years and 1 day to 20
years
 PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years
 PRISION CORRECTIONAL - imprisonment of 6 months and 1 day 6
years
 Suspension and Destierro
 ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6 months
 ARRESTO MENOR - imprisonment of 1 day to 30 days
 BOND TO KEEP THE PEACE or FINE - the amount of fine to be imposed
is discretionary with the court
 Jail and Prison
Organizations in the
Philippines

 NATIONAL or INSULAR PRISONS -
administered by the Bureau of Correction

 New Bilibid Prison (NBP)
 San Ramon Prison and Penal Farm (Zamboanga)
 Iwahig Penal Colony (Palawan)
 Davao Penal Colony (Central Davao)
 Correctional Institution for Women (Mandaluyong)
 Sablayan Penal Colony and Farm (Occidental
Mindoro
Leyte Regional Prison
 Provincial Jails

jails that are supervised and
controlled by the provincial
government with in its jurisdiction.
 City/Municipal Jails

 jails that are administered
(supervised and controlled) by the
BJMP.
 Types of Jails

 Lock-up - a security facility, common in police stations or precincts in
urban areas (cities) for temporarily detaining those persons being
held for investigation or waiting hearing of their criminal cases.
 Ordinary Jail - the type of jail commonly found in every municipality
or city; houses offenders awaiting court trial and those convicted
offenders who are serving their sentence of imprisonment that does
not exceed 3 years; place where juvenile offenders and the mentally
insane people are usually detained while their transfer to other
institutions are pending.
 Work House, Jail Farm Or Camp - a facility that houses minimum
custody offenders who are serving short sentences; inmates undergo
constructive work programs; provides full employment of prisoners,
remedial services and constructive leisure time activities.
 Classification of Jail
Prisoners

 Detention prisoners - those detained for
investigation, hearing, or trial
 Sentenced prisoners - offenders who are
committed to the jail/prison to serve their
sentence after final conviction by a competent
court
 Prisoners who are on safekeeping - includes non-
criminal offenders who are detained in order to
protect the community, example: insane persons
 Classification of
Prisoners according to
Degree of Security

 Super-Maximum
Security Prisoners

 special group of prisoners composed of
incorrigible, intractable, and highly
dangerous persons who are the source of
constant disturbance even in maximum
security institutions; wear orange uniforms
and compose the 2% of NBP population
 Maximum Security
Prisoners

The group composed of chronic trouble-makers
but not as dangerous as the super maximum
security prisoners; their movements are restricted
and they are not allowed to work outside the
institution but rather assigned to industrial shops
within the prison compound; they wear orange
uniforms and they occupy the NBP main building.
 Medium Security
Prisoners

 Prisoners who cannot be trusted in open conditions
and pose lesser danger than maximum security
prisoners in case they escape; a group of prisoners
who maybe allowed to work outside the fence/walls
of the penal institution under guard or with escorts;
occupy Camp Sampaguita (Medium Security
Institution); they are employed as agricultural
workers and they wear blue uniforms
 Minimum Security

 Group of prisoners who can be
reasonably trusted to serve their sentence
under "open conditions"; they can be
trusted to report to their work
assignments without the presence of
guards; they occupy Camp Bukang
Liwayway and they wear brown
uniforms.
Community Pillar

 The Community

 Prevention and control of crime is not the sole duty and responsibility of the
government - it is also the responsibility of the community. It includes
private persons, private groups, and public entities.
 The community could either be in the form of bad or good neighborhood.
Bad neighborhood refers to areas or places in which dwelling or housing
conditions are dilapidated, unsanitary, and unhealthy. These traits are
detrimental to the moral, health, and safety of the populace. Bad
neighborhood is usually packed with poor, disintegrated and unorganized
inhabitants. Most inhabitants are experiencing economic difficulties,
alcoholism, substance abuse, gambling and many other problems in life. This
connotes that bad neighborhood is the home of bad elements of society
because the environment is very conducive for the commission of crimes.
 The Community also consists of the existing social institutions such as the
family, school, church, mass media, and NGOs.