CREED REVIEW CENTER

COMPREHENSIVE REVIEW THROUGH ENHANCED EDUCATIONAL DEVELOPMENT

MODULE 5
SOCIOLOGY OF CRIMES & ETHICS WITH HUMAN RELATIONS

PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL
- A person is a criminal the moment he committed a crime CONCEPT OF CJS IN THE UNITED STATES
(criminological sense)
- A person who committed a crime, charged as such and CJS in the American context is initially made up of
declared guilty by the court (legal sense) three (3) keys components – the police, the courts, the
- A person who committed a serious violation of norms of a corrections.
certain community (sociological)
- A person who committed maladaptive behavior due to some CONCEPT OF CJS IN THE PHILIPPINES
mental or personality disorders (psychological)
JUSTICE – the process or duty of giving or rendering what is The Philippine Criminal Justice System is made up of
due to others. the various government agencies known as the pillars or
SYSTEM – A whole which is composed of interconnected and components, which are responsible for the enforcement of the
interdependent parts to perform as one. law and the administration of justice. These are the Police, the
CRIMINAL JUSTICE – refers to the study of various agencies of Prosecution, the Court, the Corrections and the mobilized
the government which are concerned in administration of justice Community. They comprised the Five (5) Pillars of the Criminal
and their functions and their relationship of these agencies to on Justice System.
another.
These five (5) elements are known as the FIVE PILLAR
CRIMINAL JUSTICE SYSTEM - Criminal Justice System is the OF THE C.J.S. On them obviously depends the effective and
machinery used by the society to prevent and control crime. It is efficient operation of the criminal Justice System. Generally
a tool of a Democratic Government to protect the society against speaking, the following are the functions of the five components
criminality and other peace and order problem. of the CJS:
In theory, Criminal Justice System is an integrated
apparatus that is concerned with apprehension, prosecution, trial, 1. To prevent and control the commission of crime
conviction, sentencing and rehabilitating or correcting criminal 2. To enforce the law
offenders. The process is the totality of the activities of law 3. To safeguard lives, individual rights, and properties of the
enforcers, prosecutors, defense lawyers, judges and correctional people
institutions, as well as those of mobilized community in crime 4. To detect, investigate, apprehend, prosecute, and punish
prevention and control. those who violate the law
5. To rehabilitate the convicted criminal offenders and
Basically, the Criminal Justice System in the American reintegrate them into the community as law-abiding
context is initially made up of three key components – the police, citizens
the court and the corrections.

Criminal Justice System in the Philippines was CJS MODELS ACCORDING TO HERBERT PACKER
expanded to achieve its objectives – prevention and control of
crimes. 1. Crime Control Model - is based on the idea that the most
important function of the CJS is protection of the public and
SIX STAGES IN THE CRIMINAL JUSTICE PROCESS the repression of criminal conduct – the rights of the
individuals are just secondary; and
1. Arrest
2. Charging 2. Due Process Model – to the proponents of this, the rights
3. Adjudication of an individual must be co-equal with the concern for public
4. Sentencing safety.
5. Corrections
6. Reintegration INPUT OF CJS – Laws
OUTPUT OF CJS – Justice 3. At the trial of the case, when a case has been filed in
Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty
CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM beyond reasonable doubt as charged and the judgment
has been rendered, he is referred to as the CONVICT.
CRIMINAL LAW - is that branch of public, which defines crimes, 5. It is only upon undergoing all the process when the person
treats of their nature, and provides for their punishment. has served the sentence when he can really be
considered as a CRIMINAL.
SOURCES OF CRIMINAL LAW
PHILOSOPHIES BEHIND THE CJS
a. Revised Penal Code (Act No. 3815) and its amendments
b. Republic Acts 1. ADVERSARIAL APPROACH
c. Other Special Penal laws passed by the Phil. - assumes innocence
Commission, Philippine Assembly, Philippne Legislature, - the prosecutor has the burden of proof
NAtional Assembly, the Congress of the Philippines and - the emphasis is given on the proper procedures
the Batasang Pambansa
2. INQUISITORIAL APPROACH
Presidential Decress and Republic Acts are the two (2) well- - assumes guilt
known names of special criminal laws in the Philippines. - the accused has the burden of proof
- the emphasis is on the conviction of the accused
PRESIDENTIAL DECREES - are special laws which were
passed during the Martial Law ere wherein the Philippine was PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:
placed under a parliamentary system of government.
1. LAW ENFORCEMENT - also called the POLICE pillar. It
REPUBLIC ACTS - special laws which were passed after the occupies the frontline of the CJS because they are
1987 constitution enacted where the system of our government regarded as the initiator of the system. They are also the
is now democratic and republican. first contact of the law violator in the CJS process. It
investigates, makes arrests and prepares evidence against
TWO CLASSIFICATIONS OF CRIMINAL LAW the suspects needed to prosecute them.
2. PROSECUTION - takes care of evaluating the evidence
1. SUBSTANTIVE - defines the elements that are necessary for and formally charges the suspects before the court. It
an act to constitute as a crime and therefore punishable. serves as screening process on whether to file a case
based on evidence or dismiss the same and determines
2. PROCEDURAL / REMEDIAL - refers to a statute that what particular crime shall be formally filed and presents
provides procedures appropriate for the enforcement of the the burden of proof against the suspect.
Substantive Criminal Law. 3. COURT - conducts arraignment and trial. It issues warrant
of arrest if the accused is at large and acquits the innocent
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE and adjudicate penalty for the accused if found guilty.
ADMINISTRATION OF THE CJS 4. CORRECTION - responsible for the incarceration and
rehabilitation of the convicted person to prepare for
1. PRESUMPTION OF INNOCENCE - This means that those eventual reintegration in the community.
who are accused of crimes are considered innocent until proven 5. COMMUNITY - helps the penitent offender to become law-
guilty. The accused is entitled to all the rights of the citizens until abiding citizen by accepting the ex-convict’s re-entry and
the accused’s guilt has been determined by the court of law or assists said penitent offender lead a new life as a
by the accused’s acknowledgment of his guilt that he or she responsible member of the society; Not under or
indeed committed the crime. No less than the Constitution of the independent among the branches of the government.
Philippines provides that an accused shall be presumed
innocent until proven guilty. FIRST PILLAR: LAW ENFORCEMENT

2. BURDEN OF PROOF - In criminal cases means that the The law enforcement pillar is the branch of the
government must prove beyond “reasonable doubt” that the criminal justice system that has the specific responsibility of
suspect committed the crime. In order to make sure that only maintaining law and order and combating crime within the
those who are guilty of the crime as punished, our Rules on society.
Evidence provides that the evidence, in order to be sufficient to The Law Enforcement as the first pillar is considered
convict an accused for a criminal act, proof beyond reasonable to be the “initiator” or the “prime mover” of the Criminal Justice
doubt is necessary. Unless his guilt is shown beyond System. This pillar is also commonly referred to as the police
reasonable doubt, he is entitled to an acquittal. pillar.
This pillar is comprised of the different law enforcement
agencies in the country such as the Philippine National Police,
THE DIFFERENT NOMENCLATURES GIVEN TO THE the National Bureau of Investigation, the Philippine Drug
PERSON WHO IS BEING PROCESSED UNDER THE Enforcement Agency, the Bureau of Customs, the Bureau of
CRIMINAL JUSTICE SYSTEM: Internal Revenue, and the Land Transportation Office, among
many others.
1. At the police stage, during investigation, he is referred to
as the SUSPECT. PHILIPPINE NATIONAL POLICE - Organized pursuant to RA
2. At the Prosecutors office, during the determination of 6975, as amended by RA 8551 as further amended by R.A.
probable cause or during the Preliminary Investigation, he 9708.
is referred to as the RESPONDENT.
 IV. CRIME DETECTION - Crime detection is the discovery of
the police that a crime had been committed.
RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:
There are traditional ways that occurrence of crime is
1. RA 6975 - An Act establishing the Philippine National made known to the police:
Police under a reorganized Department of the interior and 1. when the victim personally reports the crime to the police;
Local Government and for other purposes, otherwise 2. when a witness personally reports the crime to the police;
known as DILG Act of 1990, was approved on December and
13, 1990 and made effective on January 1, 1991. 3. When the police catches an offender while in the
commission of a crime.
2. RA 8551 – An Act providing for the Reform and V. CRIMINAL APPREHENSION - the legal term for criminal
Reorganization of the PNP, otherwise known as PNP apprehension is arrest.
Reform Act of 1998, was passed into law on February 25,
1998. ARREST (Rule 113, Sec. 1) - Arrest is the taking of a person
3. RA 9708 - “An Act extending for 5 years the reglementary into custody in order that he may be bound to answer for the
period for complying the minimum educational qualification commission of an offense.
for appointment to the PNP and adjusting the promotion
system thereoff passed on August 12, 2009 MODES OF ARREST

4. RA 11200 - An Act Providing for the Rank Classification in 1. Arrest by virtue of a warrant
the Philippine National Police, Amending for the Purpose 2. Arrest without a warrant
Section 28 of Republic Act No. 6975, as Amended,
Otherwise Known as the "Department of the Interior and An arrest may be made on any day and at any time of the
Local Government Act of 1990" day or night, even on a Sunday.

PHILIPPINE NATIONAL POLICE WARRANT OF ARREST

- a law enforcement agency under the DILG. - an order in writing issued in the name of the People of the
- under administrative control and operational Philippines, signed by a judge and directed to a peace
supervision of the National Police Commission. officer, commanding him to take a person into custody in
order that he may be bound to answer for the commission
CONSTITUTIONAL BASIS - It is an organization that is of an offense
national in scope and civilian in character, as provided by - shall remain valid until the person to be arrested has been
Section 6, Article 16 of the 1987 Philippine Constitution: arrested or has surrendered
“The state shall establish and maintain one police force which
shall be national in scope and civilian in character”

POLICE DISCRETION - It is an authority conferred by law to act CIRCUMSTANCES OF WARRANTLESS ARREST:

in a certain condition or situation in accordance with an officer
or an official agency’s own considered judgment or conscience. Arrest without warrant; when lawful? – A peace
It is simply the wise use of one’s judgment in a police situation officer or a private person may, without a warrant, arrest a
requiring immediate and decisive action. person:

SOME DISCRETION OF THE POLICE a. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
a) To strictly enforce the laws and ordinances commit an offense;
b) To be lenient in the enforcement of laws and ordinances.
c) To apply for search warrants b. When an offense has just been committed and he has
d) To arrest the suspect’s or just merely warn him probable cause to believe based on personal knowledge
e) To gather additional evidence or immediately file in case of facts or circumstances that the person to be arrested
against the suspect has committed it; and
f) To follow-up cases
POLICE ROLES AND FUNCTIONS IN THE SOCIETY c. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
I. LAW ENFORCEMENT - The Philippine National Police has serving final judgment or is temporarily confined while his
the power to enforce laws and ordinances relative to the case is pending, or has escaped while being transferred
protection of lives and property, such as the Revised Penal from one confinement to another. (Rule 113, Sec. 5)
Code, other special penal laws and city and municipal
ordinances.
VI. SEARCH AND SEIZURE - Search refers to the
II. CRIME PREVENTION - the elimination of the opportunity examination of an individual’s person, house, papers or
for the commission of a crime. effects, or other buildings and premises to discover
contraband or some evidence of guilt to be used in the
III. POLICE PATROL - Patrol has been described as the prosecution of a criminal action
backbone of the police department. Theoretically, patrol
officers are the most valuable people in the organization. SEARCH WARRANT
- an order in writing issued in the name of the People of the - serves as the implementing arm of the Dangerous Drug
Philippine, signed by a judge and directed to a peace Board (DDB).
officer, commanding him to search for personal property - Responsible for the efficient and effective law enforcement
described therein, and bring it before the court of all the provisions on any dangerous drug and/or
- has a validity period of TEN (10) days controlled precursor and essential chemical as provided in
- can be served only once within its validity period RA 9165.
- headed by Director General with the rank of
PERSONAL PROPERTY TO BE SEIZED Undersecretary, appointed by the President.
a. Subject of the offense; - The head of the PDEA is assisted by 2 deputies Director
b. Stolen or embezzled and other proceeds, fruits of the General, with the rank of Assistant Secretary, 1 for
offense; or Operations and 1 for Administration, also appointed by
c. Use or intended to be used as the means of the the President.
commission of the offense.
OTHER LAW ENFORCEMENT AGENCIES
CIRCUMSTANCES OF WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful arrest under ✓ Bureau of Fire Protection;
Sec. 12, Rule 128 Rules of Court (in flagrante delicto ✓ Bureau of Jail Management and Penology;
arrest) ✓ Bureau of Customs;
b. Seizure of evidence in plain view/plain view doctrine ✓ Bureau of Internal Revenue;
c. Search of a moving vehicle ✓ Bureau of Food and Drugs; and
d. Consented warrantless search ✓ Optical Media Board.
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances
SECOND PILLAR: PROSECUTION
VII. CRIMINAL INVESTIGATION - is an art, which deals with
identity and location of the offender and provides evidence PROSECUTION is the course of action or process whereby
of his guilt in criminal proceedings. accusations are brought before a court of justice to determine
the innocence or guilt of he accused.
NATIONAL BUREAU OF INVESTIGATION (NBI)
the institution or continuance of a criminal suit involving
The National Bureau of Investigation had its inception the process of exhibiting formal charges against an offender
on 13 November 1936 upon the approval of Commonwealth before a legal tribunal and pursuing final judgment on behalf of
Act No. 181 by legislation. the state or government;
It was the brainchild of the late President Manuel L
Quezon and was first organized as a Division of Investigation PROSECUTION - party in a criminal proceeding who instituted
(DI) patterned after the United States Federal Bureau of the criminal action.
Investigation.
DEFENSE - party against whom the criminal action was
The Bureau assumes an increasingly significant role instituted.
as a law enforcement agency, thus on 19 June 1947 and by
virtue of Republic Act No. 157 it was reorganized into the In all criminal prosecutions, the real offended party is
Bureau of Investigation. the People of the Philippines, for a crime is an outrage against,
and its vindication is in favor of, the people in a sovereign state.
The law was later amended by Executive Order No. Thus, all criminal cases are titled “People of the Philippines vs.
94 issued on 4 October 1947 renaming it into what it is presently ____ (the name of the accused).
known as the National Bureau of Investigation.
WHO IS A PROSECUTOR?
The NBI is a government entity that is civilian in
character, and national in scope which is under the Department A Prosecutor is a public officer having an authority to
of Justice. conduct legal actions concerning the complaint filed at his office
and perform other prosecution functions as provided by law.
The National Bureau of Investigation is presently under the
Department of Justice performing the principal functions of The PROSECUTION PILLAR takes care of evaluating
detecting, investigating, and prosecuting crimes towards the the evidences and formally charges the suspects before the
end of preventing criminality. Among the activities the NBI court. It serves as the screening process on whether to file a
conducts are: case based on evidences or dismiss the same.
It determines what particular crime shall be formally
1. to detect and investigate crimes; filed and present the burden of proof against the suspected
2. to investigate civil or administrative cases of interest to the individual in the court.
government upon request; BASIC LAW AFFECTING PROSECUTION
3. to act as the national clearing house of criminal records
and other information; PD 1275 issued on 11 April 1978 Reorganizing the
Prosecution Staff of the Department of Justice and the Offices
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) of the Provincial and City Fiscals, Regionalizing the Prosecution
Service, and Creating the National Prosecution Service
- created by the virtue of Republic Act 9165.
PROSECUTION AGENCIES
 - To secure the innocent from open and public accusation of
1. GOVERNMENT AGENCIES trial, from trouble expense and anxiety of a public trial.
a. National Prosecution Service - To protect the state from useless and expensive trials.
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman PERSONS AUTHORIZED TO CONDUCT PRELIMINARY
d. Office of the Regional State Prosecutor INVESTIGATION:
e. Office of the Provincial, City, and Municipal
Prosecutors a. Provincial or City Prosecutors and their assistants;
f. Public Attorney’s Office b. judges of the municipal trial courts and municipal circuit trial
courts
2. NON-GOVERNMENT PROSECUTING AGENCIES c. National and Regional State Prosecutors; and
a. IBP d. Other officers as may be authorized by law.
b. CLAO 1. Tanodbayan’s special prosecutors as authorized
c. FLAG by the Ombudsman
d. MABINI 2. COMELEC’s authorized legal officers in
e. Other legal-aid lawyer associations connection with election offenses
PD 1275 - Reorganizing The Prosecution Staff Of The 3. special prosecutors appointed by the Secretary of
Department Of Justice And The Offices Of The Provincial And Justice
City Fiscals, Regionalizing The Prosecution Service, And
Creating The National Prosecution Service PROCEDURE FOR PRELIMINARY INVESTIGATION
REPUBLIC ACT No. 10071 - An Act Strengthening and See Section 3, Rule 112, Rules of Court
Rationalized The National Prosecution Service Or The
"Prosecution Service Act Of 2010." COMPLAINT - is a sworn written statement charging a person
FUNCTIONS OF THE PROSECUTION AGENCIES (EFP) with an, offense, subscribed by the offended party, any peace
officer or other public officer charged ,with the enforcement of
The prosecution service has the following general the law violated.
functions:
INFORMATION - an accusation in writing charging a person
1. Evaluate the police findings referred to them, or other with an offense, subscribed by the prosecutor and filed with the
complaints filed directly with them by individual persons ; court.
2. File Corresponding criminal complaints or information in
the proper courts on the basis of their evaluation on the An AFFIDAVIT is a statement of facts under oath.
proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of The SUMMON shall be directed to the defendants, signed
the people of the Philippines. by the clerk of court under seal and contain (a) the name of the
court and the names of the parties to the action; (b) a direction
that the defendant answer within the time fixed by these Rules;
PRELIMINARY INVESTIGATION (c) a notice that unless the defendant so answers plaintiff will
take judgment by default and may be granted the relief applied
PRELIMINARY INVESTIGATION - is an inquiry or proceeding for. (Sec. 2, Rule 14, Rules of Court)
to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the A SUBPOENA is a process directed to a person requiring
respondent is probably guilty thereof and should be held for trial him to attend and to testify at the hearing or the trial of an action,
(Sec. 112, Criminal Procedure, Rules of Court). or at any investigation conducted under the law, or for the taking
of his deposition (Section 1, Rule 23, Rules of Courts).
It is required to be conducted before the filing of
the information for an offense where the penalty prescribed - SUBPOENA AD TESTIFICANDUM – compelling the
by law is at least 4 YRS, 2 MOS. AND 1 DAY. attendance of a person to testify
- SUBPOENA DUCES TECUM – a witness is ordered to
Note: The need for Preliminary Investigation depends produce document in court
upon the imposable penalty for the crime charged in the
complaint or information filed. INQUEST PROCEEDING

The purpose of conducting preliminary investigation is INQUEST PROCEEDING is an inquiry made by the duty
to establish probable cause. prosecutor to determine the legality of the arrest made
PROBABLE CAUSE – such facts and circumstances that would especially those arrests made without a warrant.
lead a reasonably discreet and prudent man to believe that the
person sought to be arrested has committed an offense. This process requires the prosecutors to resolve the
complaint the police filed in a prescribed period which varies
PROSECUTORIAL DISCRETION - is the prudent use of depending on the gravity of the offense:
judgment being exercised by the investigating fiscal or
prosecutor in determining the existence of probable cause 1. light penalties = 12 hours
during preliminary investigation. 2. correctional penalties = 18 hours
3. afflictive penalties = 36 hours
PURPOSES OF PRELIMINARY INVESTIGATION
BAIL
- To protect the innocent against, hasty, oppressive and
malicious prosecution
BAIL is defined as the security given for the release of the NOTE: All courts have judicial power but only the Supreme
person in the custody of the law, furnished by him or the Court has the power of judicial review.
bondsman, to guarantee his appearance before any court as
required under the conditions as specified. JURISDICTION - It is the authority of the court to hear and try a
The purpose of bail is to secure the appearance of the particular offense and to impose the punishment provided by
accused before the court when so required and to provide the law.
accused of his temporary liberty while waiting the processing
and disposition of the case filed against him. VENUE - Refers to the place, location or site where the case is
to be heard on its merits.

KINDS OF BAIL REQUISITES FOR A VALID EXERCISE OF CRIMINAL

JURISDICTION:
1. Property bond;
2. Corporate Surety; 1. The offense is one which the court is by law authorized to
3. Cash Deposit; take cognizance of
4. Recognizance 2. The offense must have been committed within its territorial
jurisdiction
THIRD PILLAR: COURT 3. The person charged with the offense must have been
brought to its presence for trial, forcibly, by warrant of arrest
COURT as the third pillar is said to be the centerpiece of the or upon his voluntary submission to the court.
criminal justice system and its primary and most important
function as a component of the criminal justice system is to KINDS OF JURISDICTION
decide whether the accused is guilty or not guilty of the
crime he is accused of committing. 1. GENERAL – when the court is empowered to decide all
disputes which may come before it except those assigned
It is within the power of this pillar to end the process for the in other courts.
accused or to proceed with the next pillar, which is correction. 2. LIMITED – when the court has the authority to hear and
determine only a few specified cases.
The Courts occupy the third pillar of the CJS. It is the most 3. ORIGINAL - when the court can try and hear a case
sensitive phase of the criminal justice system where fair and presented for the first time
open trial is conducted. It is the forum where the prosecution is 4. APPELLATE – when the court can try a case already
given the opportunity to prove that there is a strong evidence heard and decided by a lower court, removed from the
of guilt against the accused. latter by appeal
5. EXCLUSIVE – when the court can try and decide a case
It is the last citadel of hope for fair administration of justice. which cannot be presented before any other court
6. CONCURRENT – when any of two or more courts may
The JUDGE is a public officer so named in his commission take cognizance of a case.
(written evidence of appointment) and appointed to preside over 7. CRIMINAL – that which exists for the punishment of crime
and to administer the law in a court of justice. 8. CIVIL – that which exists when the subject matter is not of
a criminal offense
POWERS & FUNCTIONS OF THE COURTS UNDER THE
CONSTITUTION THE PHILIPPINE JUDICIARY
(ART. VIII, SEC. 1)
BATAS PAMBANSA BLG. 129 - otherwise known as the
The judicial power is vested in one Supreme Court Judiciary Reorganization Act of 1980 which defines the
and in such lower courts as may be established by law. Judicial organization, composition and jurisdiction of the courts.
power includes the duty of the courts to:
I. REGULAR COURTS
✓ Settle actual controversies involving rights, which are
legally demandable and enforceable; 1. SUPREME COURT (SC)
✓ Determine whether or not there has been a grave - The highest court of the land.
abuse of discretion amounting to lack or excess of - Composed of a Chief Justice and 14 Associate
jurisdiction on the part of any branch or Justices.
instrumentality of the Government. - has appellate jurisdiction over cases decided by the
JUDICIAL POWER - is the power to apply the laws to contests Court of Appeals and has the power of judicial review.
or disputes concerning legally recognized rights or duties of and - the court of last resort
between the state and the private persons or between individual
litigants in cases properly brought before the judicial tribunals. It 2. COURT OF APPEALS (CA)
is vested in one Supreme Court and in such lower courts as may - headed by a Presiding Justice and composed of
be established by law. sixty-eight (68) Associate Justices.
- has appellate jurisdiction over cases decided by the
POWER OF JUDICIAL REVIEW - is the power of the Supreme Regional Trial Courts.
Court to determine whether laws passed by Congress and acts - It reviews not only the decisions and orders of the
of the President are in accordance with the Constitution when Regional Trial Courts nationwide, but also those of the
the matter is raised. Court of Tax Appeals

3. REGIONAL TRIAL COURTS (RTC)

 - presided by a Regional Judge. - It has exclusive jurisdiction over cases that pertain to
- has general jurisdiction over criminal cases and has family rights and duties as well as contractual relations
jurisdiction over offenses punishable with of Filipino Muslims. And decisions rendered by the
imprisonment of six (6) years and one (1) day and over. Shari’a District Courts are final.
- has appellate jurisdiction over cases decided by the
MTCC, MTC, MeTC and MCTC. III. QUASI JUDICIAL BODIES (ADMINISTRATIVE
AGENCIES)
4. MUNICIPAL TRIAL COURTS/MUNICIPAL TRIAL 1. National Labor Relations Commission
COURTS IN CITIES/MUNICIPAL CIRCUIT TRIAL 2. Commission on elections
COURT/METROPOLITAN TRIAL COURT 3. Bureau of Internal Revenue
4. Bureau of Customs
✓ MUNICIPAL TRIAL COURTS (MTC) - every 5. Board of Transportation
municipality in the Philippines has its own Municipal 6. Commission on Audit
Trial Court and every MTC covers only one 7. Energy Regulatory Board
municipality. 8. Civil Service Commission
✓ MUNICIPAL TRIAL COURTS IN CITIES (MTCC) -
These are the equivalent of the Municipal Trial Courts QUASI-JUDICIAL POWER - The power of the administrative
in cities outside Metropolitan Manila. agency to determine questions of fact to which the legislative
✓ MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) - A policy is to apply, in accordance with the standards laid down by
Municipal Circuit Trial Court is a municipal trial court the law itself.
which covers two or more municipalities.
✓ METROPOLITAN TRIAL COURTS (MeTC) - are JUDICIAL AND BAR COUNCIL (JBC) - The Judicial and Bar
Municipal Trial Courts in the cities in the Metropolitan Council, or JBC, is a body created by the 1987 Philippine
Manila Area as distinguished from the other political Constitution under the supervision of the Supreme Court. It has
subdivisions in the Philippines. the principal function of recommending appointees to the
Judiciary. All justices and judges are appointed by the President
ORIGINAL JURISDICTION: from a list of at least three (3) nominees prepared by the Judicial
and Bar Council.
a. all violations of city and municipal ordinances
b. all offenses punishable with imprisonment not Members of the Judicial and Bar Council under the
exceeding six (6) years irrespective of the amount of Constitution (Art. VIII Sec. 8[1]) :
fine ✓ Chief Justice (ex officio Chairman)
(c) damage to property through criminal negligence. ✓ Secretary of Justice
✓ A Representative of the Congress
II. SPECIAL COURTS ✓ Representative of the IBP
✓ A professor of Law
1. SANDIGANBAYAN ✓ A retired member of the Supreme Court
- created under Presidential Decree No 1606. ✓ A representative of the Private Sector
- Its rank or level is equal to that of the Court of Appeals
and Court of Tax Appeals. CRIMINAL PROCEEDINGS
- It is composed of a Presiding Justice and fourteen (14)
Associate Justices. A criminal proceeding consists of five main stages or parts:
- This special court is tasked to handle criminal cases
involving graft and corruption and other offenses 1. ARRAIGNMENT - the reading of the criminal complaint or
committed by high- ranking public officers and information to the defendant, by the judge or clerk of court,
employees in connection with the performance of their and the delivering to him a copy thereof, including a list of
functions. witnesses, and asking him whether he pleads guilty or not
- It has original exclusive jurisdiction over public officers guilty as charged
accused of committing crimes in relation to their official PLEA is the response of the accused when asked whether he
functions and whose salary grade is 27 and above. is guilty or not guilty of the offense charged. It is of two kinds:
1. guilty plea, which must be unconditional; and
2. COURT OF TAX APPEALS (CTA) 2. not guilty.
- created by Republic Act No 1125, as amended by
Republic Act No 9282. 2. PRE-TRIAL
- Its rank or level is equal to that of the Court of Appeals - a conference called by the judge that requires the
and Sandiganbayan. presence of both the prosecution and the accused
- It is composed of a Presiding Justice and five (5) before the beginning of a trial
Associate Justices. - mandatory in all criminal cases
- It has both the original and appellate jurisdictions
over civil and criminal tax cases involving the The following are to be taken up during the conference:
National Internal Revenue Code, Tariff and Customs a. plea bargaining;
Code and the Local Government Assessment Code. b. stipulation of facts;
c. marking for identification of evidence of the parties;
3. SHARI’A COURTS d. waiver of objections to admissibility of evidence;
- created pursuant to Presidential Decree 1083, e. modification of the order of trial if the accused admits
otherwise known as the Code of Muslim Personal the charge but interposes a lawful defense;
Laws of the Philippines.
 f. such other matters as will promote a fair and EXTINCTION OF CRIMINAL LIABILITY (ART. 89, RPC)
expeditious trial of the criminal and civil aspects of the DSA-PPP-M
case. Total Extinction:
1. Death of the convict
PLEA BARGAINING - the process whereby the accused, the 2. Service of sentence
offended party and the prosecution work out a mutually 3. Amnesty
satisfactory disposition of the case subject to court approval 4. Absolute pardon
5. Prescription of crime
3. TRIAL - the examination before a competent tribunal, 6. Prescription of penalty
according to the laws of the land, of the facts put in issue in 7. Marriage of the offended woman (in good faith)
a case, for the purpose of determining such issue. It is the
period for the introduction of evidence by both parties. PRESCRIPTION OF CRIME is the forfeiture or loss of the right
of the State to prosecute the offender after the lapse of a certain
ORDER OF TRIAL time fixed by law

i. The Prosecution shall present evidence to prove the PRESCRIPTION OF PENALTY is the loss or forfeiture of the
charge right of the government to execute the final sentence after the
ii. The Accused may present evidence to prove his lapse of a certain time fixed by law.
defense
iii. The prosecution and defense may present rebuttal Partial Extinction:
and sur-rebuttal evidence, unless the Court, permits 1. Conditional pardon
them to present additional evidence 2. Commutation of sentence
iv. Upon admission of evidence, the case is deemed 3. Good conduct time allowance
submitted for decision unless the Court directs them to 4. Parole
argue orally or to submit written memoranda 5. Probation

4. JUDGMENT FOURTH PILLAR: CORRECTIONS

- the adjudication by the court that the accused is guilty CORRECTION is the fourth component of the criminal justice
or not guilty of the offense charged and the imposition system. It is the branch of administration of criminal justice
of the proper penalty and civil liability charged with the responsibility for the custody, supervision and
- defined as the decision or sentence of the given by a rehabilitation of convicted offenders. It also deals with
court as the result of proceedings instituted therein punishment, treatment and incarceration of offenders.

JUDGMENT OF CONVICTION - if the judge finds the accused PENOLOGY - a branch of criminology which deals with the
guilty of the charges against him. treatment, management and administration of inmates

JUDGMENT OF ACQUITTAL - if the judge finds the accused PURPOSES/OBJECTVES OF MODERN CORRECTIONS
not guilty of the charges against him. R-A-D-I-R-R-R

PROMULGATION OF JUDGMENT - is an official proclamation 1. RETRIBUTION - imprisonment is supposed to be the

or announcement of the decision of the court. The judgment is payment of the offender to the victim or the victim’s family
promulgated by reading in the presence of the accused and for the crime he committed against him or them
any judge of the court in which it was rendered. 2. ATONEMENT – punishment is a form of group vengeance
3. DETERRENCE - Imprisonment is supposed to discourage
convicted offenders from committing crimes again because
WHEN A JUDGMENT BECOMES FINAL? of their experience in the prison or jail; at the same time,
PS-WP imprisonment is supposed to discourage
4. ISOLATION / INCAPACITATION - Convicted offenders are
1. when the period for perfecting appeal an appeal has separated from society to prevent them from committing
lapsed; another crime; At the same time, imprisonment protects
2. when the sentence is partially or totally satisfied or law-abiding citizens from the harm criminals may inflict on
served; them
3. when the accused expressly waives in wilting his 5. REFORMATION - this involves the use of punitive and
right to appeal and disciplinary measures such as solitary confinement to
4. when the accused applies for probation. modify or reform criminal behavior whose conduct and
deportment is not totally responding to rehabilitation
5. APPEAL programs
6. REHABILITATION - based on the premise that through
- the elevation by an aggrieved party of any decision, correctional intervention, such as educational and
order or award of a lower body to a higher body, by vocational training and psychotherapeutic programs, an
means of a document which includes the assignment offender may be changed
of errors, memorandum of arguments in support 7. REINTEGRATION - the effort of correction to change
thereof, and the reliefs prayed for. criminal behavior should result in a situation and ability on
- an appeal must be within fifteen (15) days from the part of the penitent offender to return to society in some
promulgation of judgment, the period for perfecting an productive and meaningful capacity in a free community.
appeal.
PENALTY
 - was established in Southern Zamboanga on 21 August
- the suffering that is inflicted by the State for the 1869.
transgression of the law - was established during the tenure of Governor General
- refers to punishment imposed by a lawful authority Ramon Blanco, whose patrol saint the prison was
upon a person who commits a deliberate or negligent named after.
act. Penalty can take the form of imprisonment, - was established originally for persons convicted of
payment of fines and damages, among others. political crimes
- considered the oldest penal facility in the Philippines.
JUSTIFICATION FOR PENALTIES - 1,546 hectares, copra, rice, corn , coffee, cattle and
livestock
1. PREVENTION 2. IWAHIG PENAL COLONY
2. SELF-DEFENSE - established on 16 November 1904 in Puerto Princesa
3. REFORMATION City, Palawan.
4. EXEMPLARITY - originally served as a depository for prisoners who
5. JUSTICE could not be accommodated at the Old Bilibid Prison in
Manila
- classified as a penal institution in 1907 by virtue of Act
No 1723.
- four subcolonies; Sta Lucia, Inagawan, Montible and
Central ; - privilege – families to live with the colonists
JURIDICAL CONDITIONS OF PENALTY
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
1. LEGAL - penalty must be imposed by the proper authority - created by virtue of Act No 3579 enacted on
and by virtue of a judgment as prescribed by law. November 1931.
2. DEFINITE - penalty must be specific and exact. - located at Welfareville, Mandaluyong City
3. COMMENSURATE - penalty must be proportional to the - established to accommodate female prisoners
gravity or seriousness of the crime committed. - the female prisoners from the Old BIlibid Prison were
4. PERSONAL - penalty must be imposed only to the person transferred to CIW on 14 February 1931.
who actually committed the crime with no substitutes.
5. EQUAL - penalty must be applied to all who committed the 4. DAVAO PENAL COLONY
offense. - the first penal settlement founded and organized under
Filipino Administration
PUNISHMENT - it is the redress that the state takes against the - established in 21 January 1932 by virtue of Act No
offender member of society 3732
- Located in the districts of Panabo and Tagum in Davao
MITTIMUS - is a warrant issued by a court bearing its seal and del Norte.
the signature of the judge directing the jail or prison authorities
to receive the convicted offender for service of sentence. 5. NEW BILIBID PRISON

COMMITMENT ORDER - is a written order of a court or - originally was located in Manila before it was
authority consigning a person to jail or prison for detention. transferred to Muntinlupa City in 1935
- officially named the New Bilibid Prison on 22 January
TWO DIVISIONS OF CORRECTIONS 1941
- has three security facilities/camps:
1. Institutional Corrections a. maximum security
2. Non-Institutional Corrections b. medium security
c. minimum security

INSTITUTIONAL CORRECTIONS 6. SABLAYAN PRISON AND PENAL FARM

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE - established on 26 September 1954 by virtue of

PHILIPPINES Presidential Proclamation No 72
- located in Occidental Mindoro
I. BUREAU OF CORRECTIONS (BUCOR) - the facility where prisoners from the New Bilibid Prison
- an attached agency of the Department of Justice are brought for decongestion purposes
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison 7. LEYTE REGIONAL PRISON
Compound in Muntinlupa City - was established in 16 January 1973 by virtue of
- exercises over all control and supervision of all the Presidential Decree No 28
corrections/prisons facilities nationwide - situated in Abuyog, Southern Leyte
- has custody of prisoners sentenced to imprisonment of - admits convicted offenders from Region 6 and from the
more than three (3) years national penitentiary in Muntinlupa

SEVEN (7) PRISONS AND PENAL FARMS IN THE II. Provincial Jails – jails for the safekeeping of prisoners at
PHILIPPINES the capital of each province. It shall be under the
supervision and control of the provincial governors.
1. SAN RAMON PRISON AND PENAL FARM
III. Bureau of Jail Management and Penology (BJMP) – 3. WORK HOUSE, JAIL FARM OR CAMP - a facility that
created by virtue of Republic Act 6975, exercises houses minimum custody offenders who are serving short
supervision and control over all district, city and municipal sentences; inmates undergo constructive work programs;
jail nationwide. Formally established on January 2, 1991. provides full employment of prisoners, remedial services
and constructive leisure time activities.
DIFFERENCE BETWEEN TERMS
FORMS OF PUNISHMENT
DETENTION PRISONERS - those held for security reasons,
investigation, those awaiting or undergoing trial and awaiting 1. Death penalty – capital punishment
judgment 2. Imprisonment
3. Destierro
SENTENCED PRISONERS - those convicted by final judgment 4. Fine or compensation
and are serving their sentence 5. Civic duties

CLASSIFICATION OF PRISONERS DURATION OF PENALTIES

1. Detention Prisoners 1. Reclusion Perpetua

a. Persons held for security reasons 2. Reclusion Temporal
b. Persons held for investigation 3. Prision Mayor
c. Persons waiting for final judgment 4. Prision Correctional
d. Persons waiting for trial 5. Arresto Mayor
6. Arresto Menor
2. Sentenced Prisoners – prisoners who convicted by 7. Bond to keep the peace or fine
judgment by competent court.
THE DEATH PENALTY
a. Municipal Jail Prisoner – sentenced to serve a prison
term for 1 day to 6 months. CAPITAL OFFENSE or HEINOUS CRIME is an act,
b. City Jail Prisoner – sentenced to serve imprisonment which under the existing law at the time of its commission, may
for 1 day to 3 years be punished by death (although a lower penalty than death may
c. Provincial Jail – sentenced to 6 months one day be imposed after conviction). Death penalty was re-imposed as
to 3 years a form of punishment for heinous crime by virtue of RA # 7959,
d. National or insular Prisoners – Sentenced to 3 years otherwise called the Death Penalty Law approved in January 2,
1 day to Reclusion Perpetua or Life Imprisonment. 1994. When RA # 8177 (The Lethal Injection Law) was enacted,
the execution of death penalty was changed from electrocution
PRISON to lethal injection.
- derived from the Spanish word, “presidio”
- under the supervision of the national government NOTE: RA 9346 – ANTI DEATH PENALTY LAW
through the Bureau of Corrections under the
Department of Justice NON-INSTITUTIONAL CORRECTIONS
- has custody over convicted offenders whose sentence
is imprisonment of three years and one day and 1. BOARD OF PARDONS AND PAROLE
above - A functional unit under the Department of Justice.
- grants parole and recommend to the President the
JAIL grant of any form of executive clemency to deserving
- derived from the Spanish words, “jaula” and “caula” prisoners or individuals
- under the supervision of the local government through - reviews reports submitted by the Parole and Probation
either the Office of the Provincial Governor or Bureau Administration and make necessary decisions
of Jail Management and Penology, both under the
Department of Interior and Local Government
- has custody over convicted offenders whose sentence 2. PAROLE AND PROBATION ADMINISTRATION
is imprisonment of three years or less - an attached agency to the Department of Justice
- has custody over offenders who are in detention while - given the added function of supervising prisoners who,
undergoing investigation, undergoing trial and awaiting after serving part of their sentence in jails or prisons,
judgment are released on parole with parole conditions
- originally called Probation Administration and was
TYPES OF JAILS created by virtue of PD 968 of 1976 to administer the
1. LOCK-UP - a security facility, common in police stations or probation system
precincts in urban areas (cities) for temporarily detaining - was renamed Parole and Probation Administration by
those persons being held for investigation or waiting EO No 292
hearing of their criminal cases.
2. ORDINARY JAIL - the type of jail commonly found in every 3. DEPARTMENT OF SOCIAL WELFARE AND
municipality or city; houses offenders awaiting court trial DEVELOPMENT (DSWD) – renders services for Children
and those convicted offenders who are serving their in Conflict with the Law (CICL) (RA 9344, Juvenile Justice
sentence of imprisonment that does not exceed 3 years; and Welfare Act of 2006, April 28, 2006).
place where juvenile offenders and the mentally insane
people are usually detained while their transfer to other EXECUTIVE CLEMENCY - The collective term for absolute
institutions are pending. pardon, conditional pardon, reprieve and commutation of
sentence.
 system of amicably settling disputes among families in
1. PARDON - is a form of executive clemency granted by the Barangay levels without judicial recourse.
President as a privilege extended to convicts as a
discretionary act of grace PD 1293 – the law “Creating a Katarungang Pambarangay
TWO (2) KINDS OF PARDON Commission to Study the Feasibility of Resolving Disputes at
the Barangay Level”
a. ABSOLUTE PARDON - refers to the total extinction of the
criminal liability of the individual to whom it is granted - promulgated on 27 January 1978
without any condition whatsoever and restores to the
individual his civil rights and remits the penalty imposed for PD 1508 – the law “Establishing a System of Amicably Settling
the Disputes at the Barangay Level”
b. CONDITIONAL PARDON - refers to an exemption of an
individual, within certain limits or conditions, from the RA 7160 – otherwise known as the “Local Government Code of
punishment that the law inflicts for the offense he has 1991”
committed resulting in the partial extinction of his criminal - provides for the Revised Katarungang Pambarangay
liability Law
- enacted on 10 October 1991
2. REPRIEVE
- The temporary stay of the execution of a sentence, LUPONG TAGAPAMAYAPA
usually a death sentence
- Another prerogative exercised by the president - It is a body of men created to settle disputes within the
- Generally, applied to death sentences already affirmed barangay level. It is also referred to as the LUPON.
by the Supreme Court - The Lupon shall be composed of the Barangay Chairman
as Chairman of the Lupon and the Barangay Secretary as
3. COMMUTATION OF SENTENCE the Secretary of the Lupon, plus other members who shall
- an act of clemency by which a heavier or longer be not less than ten (10) but not more than twenty (20).
sentence is reduced to a lighter or shorter term - Any resident of the barangay of reputable character may
- refers to the reduction of the duration of a prison be appointed as member of the Lupon. Members of the
sentence Lupon shall be appointed by the Barangay Chairman.
- another prerogative of the President - The Lupon shall be constituted every three years.
4. AMNESTY - A Lupon member shall serve for a period of three years.
- a special form of pardon exercised by the President - Essentially, the Lupon must provide a forum for matters
- a general pardon extended to a certain class of people relevant to the amicable settlement of disputes for the
who are usually political offenders speedy resolution of disputes.
- needs the concurrence or approval of Congress

PAROLE - a procedure by which prisoners are selected for PANGKAT TAGAPAGKASUNDO

release on the basis of individual response and progress
within the correctional institution and a service by which they are - It shall act as the conciliation panel. It is also referred
provided with necessary control and guidance as they serve the to as the PANGKAT.
remainder of their sentence within the community - It shall be composed of three (3) members chosen from
- provided by Act No 4103, the Indeterminate Sentence the members of the Lupon. They shall choose from
Law, which took effect on 5 December 1933. among the three of them the Pangkat Chairman and
Pangkat Secretary.
PROBATION - Is a disposition under which a defendant after - The Pangkat shall be constituted whenever a dispute
conviction and sentence, is released subject to conditions is brought before the Lupon.
imposed by the court and under the supervision of a probation - The members of the Pangkat shall be chosen by the
officer. It is a privilege granted by the court to a person convicted parties of the dispute from among the Lupon members.
of a criminal offense to remain in the community instead of In case of disagreement, the Barangay Chairman shall
actually going to prison. draw lots.

- provided by Presidential Decree No 986, the Probation MATTERS THAT FALL UNDER THE JURISDICTION OF THE
Law of 1976 LUPON:
FIFTH PILLAR: COMMUNITY
a. those involving offenses that are punishable by the
COMMUNITY – represent the entire people cohesively imprisonment of one year and below, or a fine in the amount
organized and mobilized in synchronized energy with the of five thousand pesos and below;
government to help in the decision making and participatory b. those involving parties that actually reside or work in the
criminal justice administration involvement to effectively address same barangay;
the law and order concern of the society and its people c. those involving marital and family disputes;
d. those involving minor disputes between neighbors;
The Community also consists of the existing social e. those involving real properties located in the barangay;
institutions such as the family, school, church, mass media, and
NGOs. VENUE FOR AMICABLE SETTLEMENT

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE) - - disputes between persons actually residing in the same
refers to justice administered in the Barangay level or the barangay shall be brought for amicable settlement before
the Lupon of said barangay;
- those involving actual residents of different barangays
within the same city or municipality shall be brought in the
barangay where the respondent actually resides;
- all disputes involving real property or any interest shall be
brought in the barangay where the real property or the
larger portion is situated;
- those arising at the workplace where the contending parties
are employed or at the institution where such parties are
enrolled for study shall be brought in the barangay where
such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT - Any individual

who has a cause of action against another individual involving
any matter within the authority of the Lupon may complain, orally
or in writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against

the respondent

RESPONDENT – the person who is being complained of

CAUSE OF ACTION – an act or omission of one party in

violation of the legal rights of another for which the latter suffers
damage which affords a party to a right to judicial intervention

MEDIATION OR CONCILIATION – the process whereby

disputants are persuaded by the Punong Barangay or Pangkat
to amicably settle their disputes.

PERTINENT LAWS

RA 6981 – Witness Protection Program

RA 7080 – Plunder Law
RA 7610 – Child Abuse Law
RA 7659 – Death Penalty Law
RA 8353 – Anti Rape Law
RA 9160 – Anti Money Laundering (RA 9194)
RA 9165 – Comprehensive Dangerous Drugs Act
RA 9208 – Anti-Trafficking Act
RA 9262 – Anti-Violence against Women and Children
RA 9283 – Intellectual Property
RA 9284 – Illegal Possession of FAs
RA 9285 - Alternative Dispute Resolution
RA 9344 – Comprehensive Juvenile Justice System
RA 9346 – Abolition of the Death Penalty