ANALYSIS OF CRIMINAL

JUSTICE SYSTEM
Chapter I: Introduction to Criminal Justice System
A. Lesson 1. Criminal Justice System, What is criminal justice system? The criminal justice
system in the US involves various stages of offenders’ journey from initial contact to final
disposition, with agencies like the police, prosecution, courts, correction, and community
involved in enforcing criminal laws. In the Philippines, these agencies aim to apprehend,
prosecute, defend sentencing, and punish offenders. The system aims to uphold social
control, deter crime, and sanction law violators with criminal penalties and rehabilitation
efforts. Etymology of criminal – Criminal, originating from Middle English, Old French,
Late Latin, and Latin, refers to a person legally convicted of a crime, even without
conviction, and is considered criminal even when committing anti-social acts. Etymology
of justice – Justice, derived from the Greek word dike, refers to maintaining societal
status quo and is one of the four civic virtues, alongside wisdom, temperance, and
courage, and is associated with law violations.
Lady justice •This national symbol represents the fairness. •She is carrying
scales that represent “balance” in all things •She is blindfolded in order to
be fair to EVERYONE •She has a sword to defend everyone’s rights What is
system? A system is a collective entity composed of interrelated elements,
facts, and concepts, organized and coordinated in a systematic manner.
What is crime? Crime under Philippisse Las refers to acts committed or
omitted in violation of public law, involving various forms of offense. A.
Felonies. It refers to those violations of the Revised Penal Code b. Offenses,
It refers to those violations of statutes c. Misdemeanors. It refers to those
violations of ordinances Element of crime In the commission of a crime,
criminologists and law enforcers are required by law to prove the presence
of three elements of a crime a. Motive – It refers to the reason or intent of
an individual to commit a crime b. Opportunity - It refers to the chance for
an individual to commit a crime at a given space and time c. Means -
(Instrumentality or Capability) It refers to the ability of an individual to
commit a crime.
B. lesson 2. Foundations of Criminal Justice. The Classical Philosophers Cesare
Beccaria, an Italian philosopher and politician, is known for his Essay On Crimes
and Punishments, a founding work in criminology. It condemns torture and
death penalty, proposes legal reforms, and advocates for consistent
punishments, well-publicized laws, abolition of torture, and deterrence of
offenders. Five Principles of Classical School that are still Operative Today 1.
Rationality. Human beings have free will, and the actions they undertake are
the result of choice. 2. Hedonism. Pleasure and pain, or reward and
punishment, are the major determinants of choice. 3. Punishment. Criminal
punishment is a deterrent to unlawful behavior, and deterrence is the best
justification for punishment 4. Human Rights. Society is made possible by
individuals cooperating together. Society owes to its citizens the respect for
their rights in the face of government action and for their autonomy insofar as
such autonomy can be secured without endangering others or menacing the
greater good. 5. Due Process. An accused should be presumed innocent until
proved otherwise, and an accused should not be subject to punishment before
guilt is lawfully established
Classical School: A Summary The classical school emerged during the
Enlightenment to combat excessive and cruel punishments, advocating for
humanitarian methods and a fit for the crime rather than excessive
punishment.. Criminal Justice and Positivist School of Criminology Positivism
emphasized individual differences in right and wrong, aiming to eliminate the
freewill of the classical school and prioritize punishment based on individual
understanding. The Positivist Theorists 1.Cesare Lombroso. Cesare Lombroso
was an Italian criminologist and founder of the Italian School of Positivist
Criminology. Lombroso rejected the established Classical School, which held
that crime was a characteristic trait of human nature. 2.Enrico Ferri. Enrico Ferri
was a student of Lombroso who believed that social, as well as biological
factors, played a role, and held the view that criminals should not be held
responsible for the factors causing their criminality because it was beyond their
control. 3.Raffaele Garofalo. Raffaele Garofalo was an Italian jurist and a student
of Cesare Lombroso.
c) Lesson 3. Laws, Principles, and Doctrines in criminal justice What is Criminal
Law? Criminal Law or penal Law is that branch of law which defines crimes,
treats of their nature, and provides for thell punishment. Characteristics of
Criminal Law 1. Generality. Generality of criminal law provides that criminal law
is binding on all persons who live or sojourn in the Philippine territory. 2.
Territoriality. Territoriality of criminal law states that criminal law undertakes to
punish crimes committed in the Philippine territory with the exceptions
provided under Article 2 of the Revised Penal Code. 3. Prospectivity. The
prospectivity concept in criminal law states that crimes are punished under the
laws in force at the time of their commission. Kinds of Legal System 1. The
Adversarial System is a legal system in common law countries where two
advocates represent their case before an impartial jury or judge, putting
prosecution against defense in criminal trial courts. 2The Inquisitorial System
involves the court actively investigating case facts, unlike an adversarial system
where the court acts as an impartial referee between prosecution and defense.
What is Due Process? Fairness in laws and legal proceedings is a principle
requiring the government to respect all a person’s legal rights, even when they
Five Pillars of Philippine Criminal Justice System 1. The Law Enforcement. Law
enforcement consists of agencies and law enforcers, who are at the forefront
of the criminal justice system and must be well-trained and oriented by civil
society. 2. The Prosecution. The prosecution investigates and/or causes to be
investigated all charges of crimes, misdemeanors, and violations of penal laws
and ordinances within their jurisdictions The judiciary, represented by judges
and justices, is responsible for determining guilt or innocence of individuals
charged with crimes, addressing controversies and competing claims.. 4.The
Correctional Institutions. The executive department of the government
oversees agencies responsible for convict punishment, rehabilitation, and
reform, including the Bureau of Jail Management and Penology, Department of
Social Welfare and Development, and Bureau of Correction. 5. The Community.
The members of the community play a very important role in the criminal
justice system. It is from their ranks that the offenders come and it is with them
that they will end up.
 Chapter II: The Law Enforcement
What is law enforcement? Law enforcement is a system where organized members of society act to enforce the law by
discovering, deterring, rehabilitating, or punishing offenders, often carried out by the police or other law enforcement
organizations. Who a law enforcenment officer? A law enforcement officer is responsible for enforcing laws by detecting,
deterring, rehabilitating, or punishing individuals who violate societal rules and norms through patrolling and surveillance.
Style of policing – the styles of policing presented are based on the study of james O. Wilson (varieties of police behavior in
1963) to writ: 1)Watchman Style – Watchman style policing is prevalent in densely populated communities, focusing on
maintaining order and discretion. Officers ignore minor offenses and minor violations, resolving minor issues without
involving other agencies. 2)Legalistic Style – Legalistic police departments adhere to the law, conducting citizen interactions
professionally and neutrally. They have high performance rates, often resulting in high arrest and ticketing rates. Decision-
making is top-down, focusing on accountability, impartiality, procedure, and professionalism. 3)Service Style – Service-
oriented policing, prevalent in middle and upper-class societies, prioritizes community opinion and public relations, focusing
on crimes that violate privacy, such as burglary and robbery, and making arrests only when necessary.
Policing Approaches
1)Reactive policing – Fire Brigade Policing, also known as Incident Driven
Policing, involves routine patrolling to respond to civilian calls, but has been
criticized for its reactive nature and lack of crime prevention. 2)Proactive
policing – Proactive policing involves deterring criminal activity by
demonstrating police presence and engaging the public, preventing crime, and
is closely related to community policing. 3)Problem-Oriented policing –
Evidence-based policing assesses policing activities to reduce crime, address
community needs, and enhance efficiency by scrutinizing current practices,
improving resource accountability, and facilitating change. 4)Evidenced-Based
policing – Evidence-based policing assesses policing activities to reduce crime,
address community needs, and enhance efficiency by scrutinizing current
practices, improving resource accountability, and facilitating change.
5)Communitng policing – A law enforcement philosophy that encourages
officers to maintain consistent operations in a specific area to foster stronger
connections with its residents and workers. 6)Zero-Tolerance policing – policy is
b) Lesson 2. The Police as the Prime Mover of the CJS Legal foundations of the
Philippine National Police 1)Article XVI, Section 6 of the 1987 Philipipine
Constituion – The State establishes and maintains a national, civilian police
force, administered by NAPOLCOM, with local executives’ authority over police
units as provided by law. 2)Republic Act No. 6975 – The DILG Act of 1990,
enacted on December 13, 1990, established the PNP under a reorganized
Department of the Interior and Local Government. 3)Republic ACT No. 8551 –
An act providing for the reform and reorganization of the PNP and for other
purposes, amending certain provisions of R.A. No. 6975 enacted on February
25, 1998 as amended by R.A. No. 9708 4)Republic Act No. 9708 – The Act
extends the mandatory period for meeting minimum educational qualifications
for PNP appointment, amends promotion system, and amends RA No. 6975 and
RA No. Cotegories of Police Operations
1)Public Safety Operations – These include Search, Rescue and Retrieval
Operations, Fire Drills, Earthquake Drills, and similar operations that promote
public safety.
5) Intelligence Operation – Police intelligence operations, including
surveillance, counterintelligence, research, and assessment, are conducted to
gather information related to security, public safety, and order.
6)Investigation Operations – Investigation of crime or incident, administrative
investigation, and similar work are essential for determining facts and
circumstances for filing criminal or administrative cases.
7)Scene of the Crime Operations (SOCO) – This involves handling crime
scenes, conducting technical and forensic examinations of evidence, and
providing forensic investigative assistance
c)Lesson 3. Arrest, Search and Seizure A)Arrest General Guidelines 1)Arrests
must be made with a valid warrant from a competent authority, unless the law
permits warrantless arrest. 2)The arrest process will not involve excessive force
or violence, and the arrestee will only be restrained to the extent necessary
under the circumstances. 3)As a general rule, arrests can be made on any day of
the week and at any time of the day or night 4)Only judges are authorized to
issue Warrants of Arrest 5)If the accused is already in detention, a Warrant of
Arrest is no longer necessary, and instead, a Judge issues an Order of
Commitment. Person Immune From Arrest 1)A Senator or House member during
Congress session can face up to six years in prison for an offense. 2)Diplomatic
Agents. Under the Vienna Convention Diplomatic on Relations
Two Forms of Arrest 1)Arrest with Warrant What is an arrest? Arrest is the
arrest of a person to be held accountable for an offense committed. How is
Arrest Made? An atrest is made by an actual rest pet of a person to be arrested,
of by his submission to the custody of the person making the arrest What is a
Warrant of Arrest? A warrant of arrest is a written authorization from the
arresting officer to take a person into custody and impose a criminal charge.
Basis of Arrest Warrant The 1987 Philippine Constitution guarantees inviolable
people’s right to security against unreasonable searches and seizures, with
warrants issued only after probable cause is determined. How is Warrant of
Arrest Executed? The head of the office must implement a warrant within ten
days, and if not, the assigned police officer must report to the judge and explain
the reasons. What is Probable Cause in the Warrant of Arrest? A warrant of
arrest is issued after a thorough examination of the complainant and witnesses,
based on the facts and circumstances known. What is Citizen’s Arrest? A
citizen’s arrest is a warrantless arrest made by a private individual or citizen,
allowing them to enter a public place.
What is Alias Warrant of Arrest? A criminal case can be achieved if the accused
remains at large for six months after an arrest warrant, and an alias warrant
issued if the original warrant is returned. What is John Doe Warrant? A John
Doe warrant is a void warrant for the arrest of an unknown person, violating
constitutional provisions that require specific descriptions of the person to be
arrested. When is John Doe Warrant Valid? A valid arrest warrant must provide
a clear description of the person to be served, including their occupation,
appearance, residence, and other identifiable circumstances. 2)Arrest without a
Warrant Arrest without warrant is also known as warrantless arrest The
instances of Warrantless Arrest are the following: a)When, in his presence, the
person to be arrested has committed, is actually committing, or is attempting to
commit an offense (caught in the act or inflagrante delicto) b)The Doctrine of
Hot Pursuit states that an arrest should be made immediately after an offense
has been committed, unless a warrant is already secured. Supreme Court
decisions have held that warrantless arrests can be valid up to three hours after
the crime has been committed, while warrantless arrests after two days after
the crime’s discovery are unlawful. C)Arrest occurs when a prisoner escapes
B)Search and Seizure The Privacy of the home A man’s house, considered a
sacred personal right by civilized nations, is where he and his family reside in
peace and companionship, unmolested by anyone. What is the purpose of the
constituitonal guarantee against unreasonable seaches and seizuser? The
constitutional guarantee against unreasonable searches and seizures aims to
prevent violations of private security and unlawful invasion of homes by law
enforcement. Privacy is essential for dignity, happiness, and peace, and its
inviolability must be absolute. Any interference must be for the best reasons
and for the best causes. Basis of Search Warrant The 1987 Philippine
Constitution guarantees the right of people to be protected against
unreasonable searches and seizures in their persons, houses, papers, and
effects. No search warrant or arrest warrant is issued unless probable cause is
determined personally by a judge, after an examination under oath of
affirmation and specific description of the search location and seized items.
d)Lesson 4. Right of the Person Arrested under investigation Bases of rights of
person arrested A)Universal declaration of human rights. The Universal
Declaration of Human Rights (UDHR) is a universal standard for all peoples and
nations, promoting respect for rights and freedoms through teaching,
education, and progressive national and international measures. It includes 10
out of 30 rights related to this topic. Article 1: Asserts that all humans are
inherently free, equal in dignity and rights, possessing reason and conscience,
and should act in a spirit of brotherhood. Article 3: Asserts that everyone has
the right to life, liberty, and personal security. Article 5: Prohibits the use of
torture, cruel, inhuman, or degrading treatment or punishment to any
individual. Article 7: Asserts that all individuals are equal before the law and
entitled to equal protection against any discrimination that violates this
Declaration or incites such discrimination. Article 8: Guarantees everyone the
right to an effective remedy from competent national tribunals for acts that
violate fundamental rights granted by the constitution or law. Article 9: Prohibits
arbitrary arrest, detention, or exile for any individual. Article 10: Guarantees
equal rights and obligations for everyone, including the right to a fair and public
Article 11: A: states that individuals charged with a penal offense are
presumed innocent until proven guilty in a public trial, provided they have all
necessary defense guarantees. B. states that no person can be held guilty of a
penal offense based on an act or omission that did not violate national or
international law at the time of the offense, and no heavier penalty will be
imposed. Article 12: Guarantees everyone the right to protection from
arbitrary interference with their privacy, family, home, correspondence, honor,
and reputation, and to the protection of the law. Article 17: A. states that
everyone has the right to own property individually or in association with
others. B. No individual shall be deprived of their property in an arbitrary
manner B)1987 Philippine Constitution The 1987 Philippine Constitution’s Bill
of Rights, anchored on the Universal Declaration of Human Rights, grants
specific rights to every Filipino. Section 1: Ensures that no person is deprived of
life, liberty, or property without due process of law, and that they are entitled
to equal protection under the law. Section 2: Ensures people’s inviolable right
to be secured against unreasonable searches and seizures, with search
warrants only issued after probable cause is determined by a judge, oath, and
Section 3: A. ensures that communication and correspondence privacy is
inviolable unless ordered by the court or required by law for public safety or
order. B. Evidence obtained in violation of this or the preceding section is
inadmissible for any purpose in any proceeding. Section 11: The provision
of free access to courts and legal assistance shall not be denied to any
individual due to poverty. Section 12: A.Individuals under investigation for
an offense have the right to remain silent and have independent counsel,
unless they cannot afford it, and can only be waived in writing. B.The text
prohibits the use of torture, force, violence, threat, intimidation, or other
methods that vitiate free will, including secret detention, solitary, and
incommunicado detention. C.Any confession or admission obtained in
violation of this or Section 17 will be inadmissible in evidence against the
individual. D.The law will impose penalties and compensation for violations
of this section, as well as support for the rehabilitation of victims of torture
or similar practices. Section 13: Mandates bailable individuals, except for
reclusion perpetua offenses, to be released on law or by sufficient sureties
C)Lesson 5. The Police in the Filling og Criminal Action 1.Complaint-A
complaint is a written statement submitted to a court or magistrate indicating
a person’s guilt of a specific offense. 2.Information –An information is a written
accusation charging a person with a public offense, signed by the promoter
fiscal or their deputy and filed with the court clerk. Element of a Suffcient
Complaint 1.Name od accused –The complaint must state the name and
surname of the accused or any appellation or nickname by which he has been
or is known. 2.Designation of the offense –The complaint must detail the
statute-designated offense, its acts or omissions, and its qualifying and
aggravating circumstances. 3.Cause of the accusation –The offense and its
qualifying and aggravating circumstances must be stated in plain language,
allowing the court to pronounce judgment and provide a clear understanding
of the charge. 4.Place of commission of the offenne –The complaint or
information is sufficient if it indicates the offense occurred within the court’s
jurisdiction, unless the specific location is essential for the offense’s
identification.
5. Date of commission of the offense-The exact date of an offense’s
commission is not required in a complaint or information, except when it is a
material ingredient. 6.Name of the offended party –The complaint must
provide the name, surname, or nickname of the person or property against
whom the offense was committed, or if a fictitious name is used. A. If the
offended party’s name is unknown, the property must be described with
specificity to accurately identify the offense charged. B. If the true name of the
person against whom an offense was committed is disclosed or ascertained,
the court must insert it in the complaint or record. C. If the offended party is a
juridical person, they can state their name or designation without proving they
are organized legally. Is duplicity of the offense allowed –A complaint or
information must charge but one offense, except when the law prescribes a
single punishment for various offenses.
 Chapter III: The Prosecution Pillar
a) Introduction to prosecution Prosecute - Means to officially accuse
someone of committing a crime in a law court, or (of a lawyer) to try to prove
that the person accused of committing a crime is guilty of that crime. Prosecutor
– They need to mind their role as ministers of justice and consider the rights,
needs, and interests of all members of their community, including victims and
individuals who are charged with criminal conduct. National Prosecution service
(NPS) •Responsible in prosecuting criminal complaints. •Was established by the
Presidential Decree (PD) 127 of 1978. •Empowered to investigate and prosecute
all crimes described by the Revised Penal Code. Was strengthened and
rationalized through the enactment of Republic Act No. 10071 also known as the
Prosecution Service Act of 2010 that repealed PD 1275. The act provided
National Prosecution Service constituent offices that included the following.
•Prosecution Staff •Regional Prosecution •Provincial and City Prosecution Office
Head on NPS – Prosecutor General who is formerly called as the Chief State
The Preliminary Investigation and Prosecution Division – It is responsible for
the conduct of investigation and prosecution of cases once they are filed with
the Office of the Prosecutor General or those cases filed under inquest
proceedings. Is Prosecuting Criminal Actions rest solely to the NPS? Under
Section 5 of the Revised Rules of Criminal Procedure (As amended, December
1, 2000). The general rule states that, “all criminal actions commenced by the
filing of a complaint or information shall be prosecuted under the direction and
control of the prosecutor.” It took effect by the Supreme Court on May 01,
2002. Any peace officer or public officer in charge with the enforcement of the
law violated is no longer allowed to prosecute. Doctrine of Malicious
Prosecution Doctrine that pertains to the prosecution through the misuse or
abuse of judicial processes or the institution and pursuit of legal proceedings
for the purpose of harassing, annoying, vexing, or injuring an innocent person.
b)Lesson 2. The Prosecution as the 2nd Pillar of CJS The duties and functions of
the prosecution pillar sets in the moment the prosecution receives a complaint
from law enforcement agency or private party. Hence, a criminal complaint is
instituted What is Information? Information is an accusation in writing charging
a person with an offense, subscribed by the prosecutor and filed in the court.
Information is subscribed by a prosecutor while complaint, as mentioned
earlier in Chapter II, is usually subscribed by a law enforcer. Elements of
Sufficient Information 1.Name of the Accused. The information must state the
name and surname of the accused or any appellation or nickname by which he
has been or is known. 2. Designation of the Offense If there is no designation of
the offense, reference shall be made to the section or subsection of the statute
punishing it 3.Cause of the Accusation. The acts or omissions complained of as
constituting the offense and the qualifying and aggravating circumstances must
be stated in ordinary and concise language and not necessarily in the language
used in the statute but in terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying
and aggravating circumstances and for the court to pronounce judgement
5.Date of Commission of the Offense The offense may be alleged to have been
committed on a date as near as possible to the actual date of its commission.
Duty of the Prosecutor to Conduct Preliminary Investigation The preliminary
investigation is conducted: 1. To determine if there is sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial; 2. To protect
the accused from the inconvenience, expense, and burden of defending himself
in a formal trial unless the reasonable probability of his guilt has been first
ascertained in a fairly summary proceeding by a competent officer; 3.To secure
the innocent against hasty, malicious and oppressive prosecution, and to protect
him from an open and public accusation of a crime, from the trouble, expense
and anxiety of a public trial; and 4. To protect the state from having to conduct
useless and expensive trials Persons Authorized to Conduct Preliminary
Investigation 1. Provincial or City Prosecutors and their assistants; 2. Judges of
the Municipal Trial Courts, and Municipal Circuit Trial Courts; 3.National and
Regional State Prosecutors; and 4. Other officers as may be authorized by law
Is a Preliminary Investigation a Judicial Proceeding? Yes. It is a judicial
What is resolution? Resolution under the purview of the prosecution refers to
the document prepared by the prosecutor that contains the result of his/her
findings, that is, whether holding the respondent for trial or dismissing the case
or complaint. Resolution of Investigating Prosecutor and Its Review If the
investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall certify under oath in the
information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence What is Inquest? An inquest is an informal and
summary investigation conducted by the public prosecutor (Inquest Prosecutor
or IO) in a criminal case involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether said persons should remain under custody and correspondingly charged
in court. What is the purpose of iquest The purpose of the inquest proceedings
Where Arrest not Properly Effected Should the IO find that the arrest was not
made in accordance with the Rules, he shall: a. recommend the release of the
person arrested or detained; b. note down the disposition of the referral
documenet; c. prepare a brief memorandum indicating the reasons for the
action taken: and d. forward the same, together with the record of the case, to
the City or Provincial Prosecutor for appropriate action. Whre the arrest
property effected? If the arrest is successful, the detained person can request a
preliminary investigation, waiveing provisions of Article 125 of the RPC. The
investigation can be conducted by the IO or another Assistant Prosecutor, and
must end within 15 days. When probable cause is present The IO must prepare
a complaint/information if probable cause exists, recommending court filing.
The complaint should detail the offense and bail amount, and be forwarded to
the City or Provincial Prosecutor for action. When Probable cause is Absent If
the IO finds no probable cause, he shell: a. recommend the release of the
person arrested or detained; b.note down the disposition of the referral
document; c. prepare a brief memorandum indicating the reasons for the
action taken; and d.forthwith forward the record of the case to the City or
 Chapter IV: The Court Pillar

a) Lesson 1. Introduction to Prosecution Legal foundtion of the philippine

court – The 1987 Philippine Constitution grants judicial power to the Supreme
Court and lower courts as established by law. Scope of judicial power – The
courts are responsible for resolving legal disputes involving enforceable rights
and determining if any government branch or instrumentality has misused their
discretion. THE REGULAR COURTS Supreme court (SC) – The Philippine Supreme
Court, consisting of a chief Justice and fourteen Associate Justices, is the final
arbiter of all judicial issues, sitting en banc or in divisions. Court of appeals (CA)
– Composed of one Presiding Justice and sixty-eight Associate Justices is vested
with jurisdiction over appeals from the decision of the Regional Trial Courts.
Regional trial court (RTC) – Shall exercise exclusive regional jurisdiction in all
criminal cases not within the exclusive jurisdiction of any court, tribunal or
SPECIAL COURT
Court of appeals (CTA) – The Commissioner of Internal Revenue and
Commissioner of Customs handle disputed assessments, refunds, fees,
penalties, and administrative matters, with automatic review cases escalating
to the Secretary of Finance and Secretary of Trade and Industry. Sandiganbayan
– The Sandiganbayan, an anti-graft court, will continue to function and exercise
its jurisdiction over criminal and civil cases involving graft and corrupt practices
committed by public officers and employees. Shari ‘a court – Shari’a Circuit
Courts (SCCs), established in 1977 through Presidential Decree 1083, are courts
resolving cases involving Muslims, also known as the Code of Muslim Personal
Laws. Venue of action and criminal jurisdiction – Jurisdiction is a crucial aspect
in criminal cases, determining the location of the action and the court with
jurisdiction to hear and prosecute the case. GROUPS OF JURISDICTION
•Criminal jurisdiction – Refers to the power and authority to hear cases which
are criminal in nature. •Civil jurisdiction – Refers to the power and authority to
hear cases which are civil in nature are not criminal act.
b) Lesson 2. The court as the 3rd Pillar of CJS 1)Probable cause for the issuance
of search warrant The court’s role in the CJS begins when the law enforcement
department requests for search warrants, which are defined as. 2)probable
cause for the issuance of arrest warrants The judge determines probable cause
based on the complaint or information filed, and a warrant of arrest is issued in
the following manner Three situation of finding a probable cause 1)Probale
cause in filing of an informaition or complaint. Preliminary investigation
involves examining facts and circumstances to establish a well-grounded belief
that a crime has been committed and the person to be charged is likely guilty.
2)Probable cause in the issuance of a search warrrant. Refer to the
circumstances that a reasonable and prudent person would suspect a crime
and the object and items involved in the crime. 3)Probable cause in the
issuance of the a warrant of arrest. Factor and circumstances that lead to a
well-grounded belief that a crime has been committed and the person to be
arrested or those that would reasonably lead a prudent person to believe.
Determination of probable cause a judicial and executive fucntion Executive
function – the executive function aims to determine if there is reasonable
Criminal processes in court 1)right of the accused during trial – To be presumed
innocent until the contrary is proved beyond reasonable doubt. 2)right to bail-
Bail is a security provided to a person in law custody, ensuring their appearance
in court under specific conditions, and can be in the form of corporate surety,
property bond, cash deposit, or recognizance. What is recognizance?
Recognizance is a court procedure that allows the release of an accused person
in detention due to proverty to a qualified member of the detained area.
Bail,when discretionary Bail is discretionary upon conviction by the regional trial
court for non-punishable offesenses. The trial court can apply for bail despite an
appeal notice but if the trial court convict the accused and charges the offesense
nature the appellate court must resolve the application if the trial court penalty
exceed (6) year bail is denied or cancelled. Corporate surety - a licensed
corporation can provide bail through a joint bond singed by the accused and a
corporation authorized officer as per law. Posting of property bond A property
bond is a security for bail on real property. After approval, the accused must
annotate the bond on the title certificate, registration book, and tax declaration.
Forfeiture of bail The court requires the accused’s presence, and if they fail, their
bail is forfeited. Bondmen are given 30 days to produce their principal and prove
no judgment should be rendered against them for their bail amount. A.Produce
the body of their principal or give the reason for his non-production: and
B.Explain why the accused did not appear before the court when first required to
do so. Arrest of accused out on bail – Bondmen can arrest or arrest an accused
with written authority. Released on bail, they can be re-arrested without a
warrant if they leave Philippine without court permission. Bail not a Bar to
Objections on Illegal Arrest, Lack of or Irregular Preliminary Investigation – The
accused can challenge the arrest’s validity, warrant legality, regularity, or lack of a
preliminary investigation before entering a plea, and the court will resolve the
matter promptly. 3)Arraignment and plea – Arrest is a criminal proceeding where
a defendant is called to a court to plead guilty or not guilty, and the court
determines bail or release based on their recognizance. What is plea? A
defendant’s response to a plaintiff’s affirmative assertions in a civil case or the
prosecutor’s charges in a criminal case can be guilty or not guilty. Kind of guilty
plea A)Plea of guilty to a lesser offense B)Plea of guilty to capital offense C)Plea
4)Motion to Quash – A motion to quash is a legal request to render a previous
court or lower judicial body’s decision null or invalid due to a lawyer’s mistake
or a belief that certain court documents were not legally issued. Arraignment
and Double Jeopardy Double jeopardy occurs when an accused is convicted or
acquitted without their consent, or if the case is dismissed without their
consent, for a valid complaint or charge. This prevents another prosecution for
the same offense, attempts to commit the same offense, or offenses that are
included in the former complaint or information. 5)Pre-trial – is a court
proceeding to clarify legal and factual issues and establish parties’
responsibilities. It is mandatory in criminal cases and must be completed within
30 days of arraignment, unless shorter periods are provided by Supreme Court
laws or circulars. This conference aims to outline discovery proceedings and
trial issues. 6)Trial – is a judicial examination of civil and criminal issues by a
competent tribunal, determining guilt or innocence after providing evidence for
prosecution and accused. Public attorney’s duties where the accused is
imprisoned Public attorneys defend individuals who are preventively detained
due to bailable, non-bailable, or serving prison terms, or those with no means
What is demurrer to evedence? Demurrer to the evidence is a party’s objection
to an action, stating that the adversary’s evidence is insufficient to establish a
case. The court can dismiss the action on this basis, either after giving the
prosecution an opportunity. 7)Judgment – is the court’s decision to determine
the accused’s guilt or innocence for the charged offense, and imposes the
appropriate penalty and civil liability. Modification of judgment – A conviction
judgment can be modified or set aside by the accused, and becomes final after
the appeal period, sentence satisfaction, or the accused waives their right to
appeal or apply for probation. What is verdict? A verdict in a criminal case
determines the defendant’s guilt or innocence, followed by a judge’s conviction
judgment and sentencing. 8)New trial or reconsideration – Judgment is the
court’s decision to determine the accused’s guilt or innocence for the charged
offense, and imposes the appropriate penalty and civil liability. 9)Appeal – are
legal proceedings where parties request a higher court to reverse a trial court’s
decision, allowing for error correction and clarification of the law. Who may
Appeal? Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy Appoint of counsel de officio for
 Chapter V: The Correction Pillar
a)Lesson 1. Introduction to Correction What is correction? Correction refer to
the treatment of offenders through a system of penal incarceration,
Rehabilitation, parole, and probation, or the administrative system by which are
effectuated. What is Penology? Penology (from penal, Latin poena, punishment
and the Greek suffix logia, study of) is a sub-component of criminology the the
Greath the philosophy and practicel of various societies in then deempts to
repress criminal activities, and satisfy public opinion via appropriate treatment
regime for persons convicted of criminal offences. The Oxford English Dictionary
defines penology as “the study of the punishment of crime and prison
management,” and in this sense, it s equivalent to corrections. Foundations of
Penology (Punishment and Rehabilitation) 1. Classical Theory (Cesare Beccaria &
Jeremy Bentham). Beccara believed that: a. Torture and capital punishment
should be eliminated; b. Punishments should be prescribed and fixed in
1.The Department of Justice houses the Corrections (BUCOR), Parole and
Probation Administration (PPA), and Bureau of the Board of Pardons and
Parole (BPP). 2.The Department of Interior and Management and Penology
oversees city, municipal, and district jails. 3.The Department of Social
Welfare and Development oversees the rehabilitation of young offenders
through the Regional Rehabilitation Center for the Youth (RRCY), a 24-hour
residential facility
b)Lesson 2. The Correction Pillar and its Relationship to CJS The Bureau of
Corrections -The BUCOR, upon receiving a convict, itundertakes to perform
two mandates: safekeeping and reformation of prisoners What is
Safekeeping? Safekeeping refers to the custodial component of the BUCOR’s
present corrections system which ensures the public (including families of
inmates and their victims). What is Reformation? Reformation refers to the
rehabilitation component of BUCOR’s present corrections system which
ensures the public (including families of inmates and their victims). The
reformation of the national inmates includes the following: A.Moral and
Spiritual Program B.Education and Training Program C.Work and Livelihood
Program DeD.Sports And Recreation Program Behavior Modification
Program, to include Therapeutic Community. Seven Operating Correctional
Institution 1.San Ramon Prison and Penal Farm 2.Iwahig Prison and Penal
Farm 3.Correctional Institution for Women 4.Davao Prison and Penal Farm
5.New Bilibid Prison 6.Sablayan Prison and Penal farm 7.Leyte Regional
Prison Bureau of Jail Management and Penology- The BJMP, through
Republic Act 6975 has the following powers and function. What is
General Objective-It seeks to enhance the traditional residential care facilities
and techniques in the rehabilitation of vulnerable youth and children in conflict
with the law (CICL). Who are the Clients Served- Residential rehabilitation shall be
limited to the youth who are committed by the Court for rehabilitation due to the
following circumstances. A.thet have committed serious offense B. Their life is
threatened or at risk C.nobody in the community can provide support for their
rehabilitation Program and Services 1.Home Life Services/Group- It provides a
home environment and group living arrangement with well-balanced, organized
and non-formal activities for youth. 2.Treatment Inventions- It provides
comprehensive Inventions for the rehabilitation of youth offenders which are
primarily carried out by an interdisciplinary team composed of social worker,
psychologist, houseparent, and in some instances, a psychiatrist. 3.Support
Services/Inventions- It provides competency and skills development, vocational
training livelihood and productivity program sociocultural and recreational
Program, spiritual enhancement program and other skills training to expand their
sense of responsibility and community involvement. General Policies A.Admission
Step in Case Management 1.Intake and assessment-intake interview is an initial
diagnostic process undertaken by the social worker. 2.Formulation of
Treatment Plans 3.Implentation of Treatment Plan 4.Case Conference 5.Case
Termination/Discharge planning 6.After-Care service
c)Lesson 3. Non-Institutional Corrections Non-Institutional correction refers to a
type of punishment where offenders are kept in the community rather than
being sent to prison. It is often associated with Intermediate Sanctions. Methods
of non-institutional correction include probation, suspended sentence, parole,
and conditional pardon. Probation: Probation involves court-ordered supervision
of offenders instead of imprisonment, with variations in its application across
different jurisdictions. It is distinct from a suspended sentence, despite some
similarities in terms of supervision. Two Kinds of Probation A.Adult Probation.
Adult probation is the suspension of a sentence as outlined in Presidential
Decree 968, later amended by Republic Act No. 10707. It allows convicted
individuals to be released under court-set conditions and supervision, serving
their sentence within the community rather than in Purpose of Probation These
points highlight the objectives of non-institutional correction methods such as
probation: a.Focus on correcting and rehabilitating offenders through
personalized treatment. B.Offer a chance for repentant offenders to reform,
which may be less likely if they were incarcerated. C.Aim to deter future
B.Minor Probation. Minor probation refers to the provisions outlined in
Presidential Decree No. 603 (The Child And Youth Welfare Code) dated
December 10, 1974, superseded by Republic Act No. 9344 (Juvenile Justice
and Welfare Act of 2006) approved on April 26, 2006, and amended by
Republic Act No. 10630 (An Act Establishing a Comprehensive Juvenile
Justice and Welfare System, Creating the Juvenile Justice and Welfare
Council under the Department of Social Welfare and Development,
Appropriating Funds Therefor, and for Other Purposes) approved on October
3, 2013. Concepts of Minor Probation under Republic Act No. 9344 a. If a
minor under the age of eighteen commits a crime, the court may decide to
automatically suspend the sentence. This implies that the youngster is
placed under a suspended sentence by the court without requiring a formal
application, as opposed to being found guilty right away. This holds true
even if the youngster is declared guilty at the age of eighteen or beyond.
After a kid under the age of eighteen is found guilty of a crime, the court
evaluates any civil liability and then decides on the relevant measures in
C.If the court determines that the objectives of the disposition measures for a
child in conflict with the law have not been met or if the child has willfully not
complied with the program’s conditions, they will be brought back to court for
judgment execution. If the child turns eighteen during a suspended sentence,
the court decides whether to discharge them according to the Act, execute
the sentence, or extend the suspended sentence until they reach a maximum
age of twenty-one years. D.The time a child in conflict with the law spends in
actual commitment and detention under Republic Act No. 9344 will be
credited towards their sentence. E.The court has the option to place a child in
conflict with the law on probation instead of serving their sentence,
considering the child’s best interests. This amendment aligns with Section 4 of
Presidential Decree No. 968, also known as the “Probation Law of 1976.”
Note: This topic would be discussed in detail in the subject Juvenile
Delinquency and Juvenile Justice System under the area of Criminology.
2.Parole: Parole is a conditional release of a person convicted of a crime
before the expiration of their term of imprisonment, subject to supervision by
3.Conditional Pardon: Conditional pardon is a form of clemency where an
individual is exempted from some or all of the punishment for an offense,
within specified limits or conditions. Unlike absolute pardon which completely
erases criminal liability, conditional pardon only partially extinguishes it. This
type of pardon falls under Executive Clemency. When could a Prisoner be
granted a Conditional Pardon? A prisoner is eligible for conditional pardon if
they have served at least half of the minimum sentence imposed. However,
for those convicted of heinous crimes as defined in Republic Act No. 7659 and
other special laws, they must serve at least half of the maximum sentence
before their case can be reviewed for conditional pardon. What is Executive
Clemency? Executive Clemency refers to the authority of the President of the
Philippines to grant pardons (absolute or conditional), commute sentences,
temporarily delay execution of sentences (reprieve), or issue amnesties to
individuals convicted of crimes. Note: Probation, Parole, Pardon and Amnesty
are topics that would be discussed in detail in the subject Non-Institutional
Correction under the area of Correctional Administration.
d)Lesson 4. Restorative Justice What is Restorative Justice? Restorative Justice is
a process where remorseful offenders take responsibility for their actions and
work towards making amends. It involves the active participation of victims,
offenders, and affected community members in finding solutions that promote
repair, reconciliation, and reassurance. Restorative practices aim to improve
relationships, decrease crime, repair harm, and restore communities. The goal is
for offenders to understand the harm they caused, redeem themselves, and
prevent further harm, while giving victims an active role in the process to reduce
feelings of anxiety and powerlessness. Examples of Restorative Process
a.Mediating, b.Conferencing, and c.Sentencing/supporting circle and the like.
(see below) What is Restorative Outcome? Restorative Outcome is the
agreement obtained as a product of a restorative justice process. It includes:
A.Restitution, B.Community work service, and C.Any other program or response
designed to accomplish reparation of the victim, and the reintegration of the
victims and/or offenders. (see below) How was Restorative Justice Adopted in
the Philippines? The Philippines is encouraged to adopt the Basic Principles on
Restorative Justice Programmes in Criminal Matters, recommended by the
1.Restorative justice focuses on reintegrating offenders into society and
encouraging them to take active responsibility for the harm they caused to
victims. 2.It Involves proactive community involvement to support and assist in
the rehabilitation of both victims and offenders. 3.The approach pays attention
to the needs of victims, survivors, and other affected individuals, considering
them as participating stakeholders in the criminal justice system rather than
passive recipients of unwanted, inappropriate, or ineffective interventions.
4.Restorative justice aims to heal the effects of crime or wrongdoing suffered by
all stakeholders involved. 5.It also aims to prevent further commission of crime
and delinquency by addressing underlying issues and promoting accountability
and rehabilitation. PPAs Implementation of Restorative Justice A.During the
Investigation Stage. Post-sentence investigation (PSI) gathers victim information,
impact on life, and views on repairing harm. This data is crucial for Court reports
and restorative justice processes, initiating stakeholder interest and promoting
participation in the process.. B.During the Supervision Stage. The Restorative
Justice Program is integrated into the client’s Supervision Treatment Plan (STP) as
part of their rehabilitation. When implementing restorative justice processes for
3. Neither the victim nor the offender is induced by unfair means to participate
in the restorative justice processes or outcomes. 4. Discussion in the restorative
justice processes should be highly confidential and should not be disclosed
subsequently, except with the consent of the parties, and should not be used
against the parties involved: 5. Where no agreement can be made between by
the parties, the case is withdrawn from the restorative justice process; and 6. In
the event that the agreement is reached by parties, it is put in writing to give
substance/essence to the agreement. The failure to implement any provision of
the agreement made in the course of the restorative justice process is a basis for
the withdrawal of the case from the program. Victim/offender mediation -
Victims meet offenders in a structured environment, facilitated by a trained
mediator, to discuss past offenses, promoting healing and offender
understanding, leading to a mutually agreed-upon Restorative Justice plan.
Conferencing – The process involves the affected community, including victims,
offenders, their families, and trained facilitators, coming together voluntarily to
address issues and problems stemming from a crime or conflict. Facilitated
discussions focus on understanding and repairing harm caused by the offense, as
 Chapter VI: The Community Pillar
a) Lesson 1. Introduction to Community What is community? Community
refer to any organisation to which person from childhood to adulthood,it also
refers to social,religious, occupational,or other group sharing common
characteristics of interest.Community has two roles. 1st is Community’s Role im
Crime Prevention-The institutions in the community such as
family,school,church,and the like are vital towards the attainment of a free-
crime society. 2nd is Community’s Role to an Ex-convict-Community plays a
crucial role in rehabilitating ex-convicts. Acceptance of prisoners released
through probation, parole, or pardon is essential. Family, school, and
institutions should offer support and acknowledge ex-convicts, similar to
employment. Major communities though there are various organizations ot
institutions in the community in connection to CJS. A. Family – Defined to who
live in the same household including relatives. Family has three kinds. 1st is
Family And Crime – The association of family criminality have a long line of
studies that showed possitive Relationship. 1.Poor Parental Supervision-It is a
negative Family characteristics such a poor parental supervesion of children.
2.Broken Family – Having a Both mother and father as mutually supporting
authority figures in a child’s life. 3.Forming Attachments.Teenage criminal
behavior is rooted in parental deprivation from early infancy. Children react to
quarreling parents by disobeying, crying, and being more antisocial. Parents
tend to vent their anger on their difficult children, shaping future delinquents.
Most delinquents are abandoned by their fathers and deprived of love from
their mother. Consistent parenting, family turmoil, and multiple stresses
contribute to these rejections, leading to criminal behavior. Family
Rehabilitation – According to research,it is the family that can sustain and
support an individual during reentry and can protect the Futures generations.
Roles of Family during Rehabilitation a.Family Members as Coaches – Family
members acted qs coaches in supporting their loved ones during reentry and
reintegration,they served as coach by teaching valuable life skills, offering
critical analyses attitudes,actions,and behavior. B.Families supported Role
1st is Shifts in communication between formerly incarcerated participants and
their family allowed for greater understanding and created opportunities for
their love ones. 2nd is discovery and development of new,more positive
roles,parenting roles, within the family motivated. Uncertainty and
Worry.Family members experienced feelings of uncertainty and worry about
their loved ones during and after their incarcerations, affecting their emotional
and physical health. They expressed pain and anguish as their loved ones came
and went without warning. The constant fear that their loved ones would fail in
reentry and reintegration caused physical and emotional stress. The study
suggests that families should be involved in the reentry process, starting with
pre-release planning and working with parole or probation officers to ensure
housing or treatment. Structured post-release programs, such as community
college or vocational programs, could support healthy family relationships and
benefit the returning prisoner, their child, and caregivers. B. School – School
plays a crucial role in crime prevention and social control,providing
employment opportunities and teaching good values,making individuals law-
abiding citizens. 1.School as Capital Investment – Crime prevention roles of the
3.Religion(Church) – Religion, particularly church, plays a crucial role in
maintaining social order and fostering common values and beliefs. Regular
church attendance can lead to higher-quality marriages, reduced violent
behavior, and protection against delinquent behavior. Youth who participate in
religious activities are less likely to display antisocial behavior. Research shows
that higher levels of religiosity contribute to higher levels of social control, which
reduces the likelihood of criminal offending. In conclusion, religion plays a
significant role in promoting a prosperous society and reducing criminal
behavior. *The Church’s Mission –The Church is addressing crime and reshaping
the criminal justice system through public policy and faith-based efforts. Church
charities provide counseling, employment, and treatment programs to victims,
inmates, and ex-offenders, but more is needed. A. teach Right From Wrong,
Respect For life and The Law, Forgiveness and Mercy –The Church emphasizes
the importance of teaching right from wrong, respecting life and the law,
forgiving and mercy, and promoting human dignity for both victims and
offenders. It advocates for rehabilitation and treatment for offenders,
recognizing both as children of God. These values are taught in various settings,
B.Stand With Victims and their Families-Victims of crime often seek support
from local parishes, and pastors and ministers must respond quickly and
effectively. This includes developing victim ministry programs that acknowledge
emotional strain, encourage the long-term search for wholeness, and redirect
anger towards justice and healing. C.Reach out to Offenders and their
Families,Advocate for more Treatment,and provide for the Pastoral needs of all
involved-The Gospel calls for pastoral presence in the lives of offenders and
their families, emphasizing the importance of spiritual healing and hope.
Rehabilitation and restoration should include the spiritual dimension of healing
and hope. The Church should also assist families of inmates, especially young
children. Parish mentoring programs can help reintegrate offenders into the
community, reduce recidivism, and challenge faith communities to live out
Gospel values. D. Build Community – Parishes play a crucial role in rebuilding
communities by partnering with churches, law enforcement, businesses,
neighborhood-watch groups, social service agencies, and mental health
agencies to address crime and develop prison and victim ministries. E.
Advocate Policies that help Reduce Violence,Protect The innocent, Involve the
F. Church and State Consultations-Church leaders engage in dialogue with
various stakeholders in the criminal justice system, including victims, former
inmates, judges, police officers, community leaders, prosecutors, and families of
victims and offenders. *Community as The Last Pillar of the CJS: The community
is the final pillar of the criminal justice system, ensuring convicts return to
society after correction or parole. It promotes moral values, fosters civic-spirited
citizens, and respects the Rule of Law. The system includes government
institutions, private institutions, and civic organizations, all working together to
ensure efficient function