ISABELA STATE UNIVERSITY ECHAGUE

CRIMINAL JUSTICE SYSTEM INSTRUCTIONAL MATERIALS

Course Title: Philippine Criminal Justice System

Course Description: The study of the five pillars of Criminal Justice in

the Philippines – law enforcement, the prosecution, the courts the
corrections and the community. It also covers their respective
functional relationship as well as individual roles in the administration of
THEMIS (Lady the justice system in the prevention of crimes.
The course is designed to meet the needs of the students in
Justice): The preparation for their higher subjects, to help the students understand the
goddess of divine system as an instrument for crime prevention and control. It will also
justice and law. make the students know the objectives and goals of its criminal justice
pillar and its relationship as a whole system. To encourage the students
to know by heart their role as a member of the society.

General Objectives: At the end of the course, the students should be

able to:
1. List down the pillars of the criminal justice system.
2. Explain the general function and operation of the criminal
justice system.
3. Explain fully the importance of the five pillars of the CJS.
4. Analyze the objectives of the CJS; and
5. Be acquainted on the process on how justice is administered

Introduction:
In every country, the rising criminality and juvenile delinquency The five pillars of the criminal justice system play important
is one of their priorities because it hampers their socio-economic roles in the:
advancement. Tradio, in his book, Criminal Justice System, stated: 1. Arrest
“In any form of government, the yardstick of 2. Investigation
economic efficiency is the presence of peace and 3. Prosecution and
order in the community and tranquility among the 4. Sentencing and dispensation of justice of the alleged
members of society. For without peace and order, offenders or felons.
there can be no economic stability in the country.” The pillars are the law enforcement; the prosecution service;
In a democratic society like ours, the anti-crime machinery for the the courts; the correction and the mobilized community.
prevention and control of crime and juvenile delinquency is the The first four pillars pertain to the TRADITIONAL AGENCIES
Criminal Justice System. This Criminal Justice System (CJS) is vested with the official responsibility in dealing with crime or in crime
wielded in an arena whose boundaries and “rules of warfare” are control. The community pillar is the MOST BROAD-BASED; under
delineated and prescribed by legal parameters. Being parts of the the concept of the participative criminal justice system in the
CJS and bound by said legal parameters, it is equally imperative for Philippines, public and private agencies, as well as citizens, become
us to explore and familiarize ourselves with its structure or set-up. a part of the CJS when they become involved in issues and
Criminal Justice System is the practices and institutions of participate on activities related to crime prevention and control.
government directed at Substantial, if not thorough, knowledge about how our criminal
1. Upholding social control, justice system works directly affects the crime solution efficiency and
2. Deterring and mitigating crime and conviction rate.
3. Sanctioning those who violated laws with criminal penalties Hence the introduction of this subject although primarily
and rehabilitation efforts. focused on the significant roles specially played by law enforcement
Since this a community pillar activity, it is significant to share the and prosecution service who admittedly are directly involved in and
prevailing notions that guide the thinking of the people regarding the charged with the institution, prosecution and filing of criminal
workings of CJS. complaint(s)/action(s), as a general rule.
CHAPTER I
AN OVERVIEW OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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The Philippines, like any other country that function under a By definition, the CJS in the Philippine setting is the
system of a democratic society, operates its criminal justice system process of linking those five pillars together so as to achieve an
apparatus whereby society identifies, investigates, accuses, tries interrelated scheme of reciprocal responsibilities in its approach
convicts, punishes, and rehabilitation criminal offenders. Hence, the to community involvement. It reveals that each component has
Philippines Criminal Justice System may be viewed in three (3) a distinct, sequential role to perform within the system (Isaias
challenging perspectives, such as the following: Alma Jose).
1. it asserts the idea of deterrence, the notion that the threat Other definitions:
of sanctions can prevent crimes by creating a fear of  It is a method set by a democratic country for the
punishment for those who might break the law; maintenance of peace and order for the attainment of
2. it adheres on the principles of the retribution, the idea that justice.
criminal offenders deserve to suffer for the harm they have  It is a method by which police, prosecution, court,
done, and their punishment should be proportionate to the correction and community in force the basic rules of
harm inflicted; and any society.
3. it support on the notion of behavioral change, which  It is the sum of total of instrumentation which the
proposes that criminal sanctions should aim to reform society uses in the prevention and control of the
convicted criminal offenders so that they will stay away commission of the crime and juvenile delinquency.
from crime in the future.  It is the machinery used by a democratic government to
The Philippine Government have organized and established an protect the society against crime and other peace and
institution which serves to maintain peace and order. These order problem.
institutions are responsible for preventing crimes, enforcement of
laws, apprehension and prosecution for those who violated the law. CJS as a system can be the organization, administration
If, the courts of law finds them guilty for committing crime they shall and operation of criminal justice, in that all the components
be confined in order for those people to be rehabilitated and involved with the prevention, control and reduction of crime
reintegrate them into the community as law abiding citizens. These and delinquency are conscious of each responsibility.
institutions organized by the Government have incorporated Theoretically, CJS is an integrated apparatus that is
themselves in order to establish a Criminal Justice System. concerned with the prevention, prosecution, conviction,
The government is responsible for providing the MECHANISM sentencing, and correcting of criminals.
for enforcing laws. This mechanism is the five pillars of the criminal In general, a Criminal Justice System (CJS) involves a
justice system. The judiciary provides for the resolution and number of government agencies that ensures the protection of
settlement of conflicts and legal remedies, law enforcement agencies the public, the maintenance of order, the enforcement of the
enforce the laws, rule and regulations. The 1987 Constitution law, the identification of transgressors, the prosecution of the
enunciates the role of the sate as follows: accused and the conviction of the guilty, and the correction and
1. “The prime duty of the government is to serve and protect treatment of criminal behavior.
the people.”
2. “The maintenance of peace and order, the protection of life, B. DEFINITION OF TERMS
liberty and property, and the promotion of the general 1. CRIMINAL - one who has committed an offense punishable
welfare are essential for the enjoyment by all the people of by law; implying crime or heinous wickedness.
the blessings of democracy.” A person can be branded as criminal under the following
The Criminal Justice System (CJS) is the machinery which circumstances:
societies use in the prevention and control of crime. The process is 1. He must have committed a crime.
the totality of the activities of law enforcers, prosecutors, defense 2. He must have been apprehended and investigated by
lawyers, judges and corrections personnel, as well as those of the the police.
mobilized community in crime prevention and control. 3. By virtue of sufficient physical evidence and
The system works in order to prevent and control the testimonies of witnesses, he must have been arrested.
commission of crime, enforcement of the law, safeguards lives, 4. Due to the presence of prima facie evidence, the case
individual rights, and properties, investigate, apprehend, prosecute was remanded to the court by the prosecutor for trial.
and sentence those who violated the rules of society and rehabilitate 5. There was arraignment.
the convicts and reintegrates them into the community as law abiding 6. There was trial.
citizens. 7. The offender was found guilty.
8. A sentence was rendered by the court.
A. WHAT IS CRIMINAL JUSTICE SYSTEM? 9. The convict was confined in prison.
It is a legal process adapted by a civilized society in the 10. The convict has fully served his sentence in prison.
prevention and solution of crimes which is carried on through
INVESTIGATION and the persons suspected thereof is taken 2. JUSTICE - adherence to truth or fact; impartiality; the
into legal custody, prosecuted in a court of law, and punished if rendering of what is due or merited.
found guilty, or acquitted if found innocent, provision being
made for his/her correction and rehabilitation.
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 It consists of ordering human relations in community operate in preventing crime by patrolling the
accordance with general principles impartially streets.
applied (Ginsberg).
 It is accomplished by justice agents (police) who 9. POLICE – a body of civil authority, which is tasked to
are flexible. Therefore, not everyone is treated maintain peace and order, enforce law, protect lives and
alike, and what is just depends upon the properties and insure the public safety.
circumstances of an act.
10. PROSECUTION – the CJS pillar mandated by law to bring
*** “A just punishment for a crime depends upon variables to justice all criminal cases for prosecution and prove guilt
associated with the act, not only with the crime itself”. of the accused beyond responsible doubt.
JUSTICE according to the Supreme Court (SC)
of the Philippines is symbolically represented by a 11. SOCIAL DEFENSE – refers to all the systems and
blindfolded woman, holding with one hand a sword and interplay of activities in the community which addresses all
with the other, a balance, meaning thereby that it is the negative factors affecting the health, security, and
administered without respect to persons, equally to the welfare of the public e.g. natural, calamities, disaster,
poor and the rich. famine, drought, criminality, health epidemic, etc.
MORTIMER J. ADLER’S Two Precepts of
Justice: C. CRIMINOLOGY AND CRIMINAL JUSTICE
1. Render to each his due; and
2. Treat equals equally and unequal’s unequally but in 1.1. WHAT IS CRIMINOLOGY?
proportion to their inequality. Sutherand, Cressey and Luckenbill define criminology as
“the body of knowledge regarding crime as a social
3. SYSTEM - orderly combination or arrangement, as of parts phenomenon. It includes within its scope the process of making
or elements, into a whole; specifically, such combination laws, of breaking laws, and of reacting toward the breaking of
according to some rational principle; any methodical laws”. They further note that Criminology has three interrelated
arrangement of parts. divisions; these are:
i. The Sociology of Criminal Law which systematically
A system is one which consists of several parts analyzes the conditions under which penal laws develop
that interacts with each other to produce some results, and explains as well the procedures used in police
serve some functions, or meet some objectives. Each parts agencies and courts. This first division focuses on
of the system are expected to perform their responsibilities ‘lawmaking’.
for the attainment of their common goals and objectives. ii. The Sociology of Crime and the Social Psychology of
Criminal Behavior which examines economic, social and
4. CORRECTION – are the process or system of taking care political conditions that generates or prevents the
of the custody, treatment and rehabilitation of all convicted commission of crimes. This second division focuses on
persons or prisoners punished by law for the commission ‘law-breaking’.
of an offense. iii. The Sociology of Punishment and Correction that
systematically analyzes the procedures and policies that
5. COURT – a court is a body or tribunal officially assembled aims to control crimes. This third division focuses on
under authority of the law in which judicial power is vested ‘society’s reaction to law-breaking’.
or the administration of justice is delegated.
6. CRIME CONTROL – Crime control is achieved by isolating 1.2. WHAT IS THE DIFFERENCE BETWEEN CRIMINAL
the criminals for incarceration thereby effectively controlling JUSTICE AND CRIMINOLOGY?
them from further endangering the society thus protecting (a) While Criminology explains the etiology, extent, and
the public from harm and damage. nature of the crime in society; Criminal Justice studies
the agencies of social control that handles criminal
7. CRIME DETERRENCE – Crime deterrence pertains to the offenders.
measures imposed upon by the state through CJS so that (b) While Criminologists are concerned with identifying
criminals will be punished in accordance with the law to the nature, extent and causes of crime;
serve a lesson for others not to commit crime and for
criminals to refrain from further committing crime. Criminal Justice scholars engage in describing,
analyzing, and explaining the operations of the agencies of
8. CRIME PREVENTION – Involves all the measures justice, specifically the police agencies, the prosecution,
designed to avert or avoid the commission of crime. It is the courts and the rest of the pillars of the system in
effectively attain by the denial of opportunity for any crime seeking more effective methods of crime control and
to happen. The police in working partnership with the offender rehabilitation.

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1.3. IS THERE AN OVERLAPPING AREA OF CONCERN or enforceable only within their respective territorial
BETWEEN CRIMINAL JUSTICE EXPERTS AND jurisdiction; thus, can only be prosecuted locally.
CRIMINOLOGISTS?
Yes, Criminal Justice experts cannot begin to design 1.4. WHAT IS CRIME IN THE CRIMINOLOGICAL SENSE?
effective programs of crime prevention of rehabilitation without A crime is a violation of societal rules of behavior as
understanding the nature and causes of crime. They require interpreted and expressed by a criminal legal code created
accurate criminal statistics and data to test the effectiveness of by people holding social and political power. Individuals
crime control and prevention programs. It is in this aspect that who violate these rules are subject to sanctions by state
Criminal Justice and Criminology have overlapping concerns. authority, social stigma, and lose of status.
This definition combines the consensus position that
D. CRIME AND THE CRIMINAL JUSTICE SYSTEM the criminal law defines crimes with the conflict
perspective’s emphasis on political power and control and
1.1. WHAT IS THE EVENT THAT CALLS FOR THE the interactionist concept of stigma. Thus, crime as defined
OPERATION OF THE CRIMINAL JUSTICE SYSTEM? here is a political, social, and economic function of modern
WHY? life.
Crime is the event that calls for the operation of the
criminal justice system. When a crime is committed, it disturbs E. THE CRIMINAL JUSTICE SYSTEM AS PART OF THE TOTAL
the tranquility and harmony of the society. Such event calls SOCIAL SYSTEM IN THE PHILIPPINES
upon the police to initiate police intervention by way of In the Philippines the criminal justice line-agencies is
investigation or apprehension of those who violated the law; the composed of, the Police, Prosecution, Court, Correctional
prosecutor to prosecute the case; the court to determine the Institutions, Community, as it is illustrated in the diagram below.
guilt of the accused; and the rest of the system follows as
incumbent upon their role in the criminal justice process. FIGURE 1
SOCIAL SYSTEM IN THE PHILIPPINES
1.2. ENUMERATE SOME OF THE LEGAL PRINCIPLES OR
MAXIMS REGARDING A CRIME OR A CRIMINAL ACT.
Economic
(a) Nullum crimen nulla poena sine lege” That is - There system
is no crime where no law is punishing it.
(b) The maxim is, “actus non facit reum, nisi mens rea”- A Technolog
Education
crime is not committed if the mind of the person al system
ical
performing the act complained be innocent. system
(c) The maxim is “Actus me invito factus, non est meus Health
actus”- An act done by me against my will is not my care
act. system
(d) Crimes are either mala en se and mala prohibita. The Criminal
first set of crimes refer to those that are naturally Political Justice
system system
criminal on moral grounds while the second set of
crimes pertain to those acts that have been
criminalized for regulatory purposes. Murder is an Other
systems
example of a mala en se while the Illegal Possession
of Firearms and Ammunition is an example of mala
prohibita.
F. THE PILLARS OF THE CRIMINAL JUSTICE SYSTEM
1.3. IN THE PHILIPPINES, WHAT DEPARTMENT OF THE
GOVERNMENT DEFINES AND PUNISHES AN ACT? 1.1. THE FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM
A. Under the 1987 Philippine Constitution, the Legislative
branch of the government or Congress, which is composed
of the Upper House or the Senate and the Lower House or
the House of Representatives, is entrusted with the power
to enact, modify or repeal laws. It is empowered to FIGURE 2
determine what acts are deemed harmful to our society THE FIVE PILLARS OF CRIMINAL JUSTICE SYSTEM
and punishes such acts in order to suppress them.
B. Our local legislative bodies (Sanggunian Panlalawigan,
Sanggunian Panlungsod, Sanggunian Pambayan,
Sanggunian Pambarangay) are also authorized to enact
laws that are criminal or penal in nature and are applicable

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Correction is entrusted for the custody and safekeeping

and rehabilitations of all convicts so that the ends of justice
are achieved. The BUCUR and the BJMP comprises the
correctional system in the Philippines.

5. Mobilized Community – Considered as the informal pillar

among the five (5) subsystems of the CJS, the community
is considered as the largest component of the CJS. It is
made up of the various agencies in the public especially
the local government units and the private sector especially
the non-government organizations. Its main functions are:
1. Participating in the police disciplinary mechanism
through the People’s Law Enforcement Board (PLEB).
2. Participation in the settlement of dispute through the
Katarungang Pambarangay or “Lupons”).
3. Participation in law enforcement and policing through
police-community partnership in crime investigation,
prevention and deterrence.
4. Helps the penitent offender to become law-abiding
citizen by accepting the ex-convict re-entry and
1. Police – installed at the forefront of the CJS, being the assists said penitent offender lead a new life as a
initiator of the CJS process, the police or law enforcement responsible member of the society.
pillar is made up mainly of the Philippine National Police
(PNP), the National Bureau of Investigation (NBI), and the 1.2. IMPORTANCE OF COORDINATION AMONG THE FIVE
Philippine Drug Enforcement Agency (PDEA). The main PILLARS
functions of the police are the following: Law enforcement; It should be evident that the Philippine CJS is not just
order maintenance; control of crime safeguarding of lives the agencies charged with law enforcement; not just the
and property, investigation and detection of crimes; arrest prosecution-arm of the government; nor just the courts; nor
and apprehension of suspects; helps in the prosecution of just the correctional system, nor just the community. The
criminals; and keeping the peace and insuring public CJS is all of these pillars considered working collectively
safety. and in coordination with one another. Each pillar should
and must perform its role otherwise the system would not
2. Prosecution – determiner of the probable cause, the work. These pillars are inter-related and connected with
prosecution pillar is made up mainly of the state each other; hence, coordination is essential and imperative
prosecutors in the national, regional, city and provincial in bringing justice in the community.
level, and the national prosecution office. Its main function
are the following: conduct inquest procedure; conduct 1.3. COMMON STRATEGIES OF THE FIVE PILLARS
preliminary investigation, determine probable cause; issues CRIMINAL 1. Information dissemination on the CJS
subpoena; administers oath; recommends the dismissal JUSTICE concept.
and or filing of the criminal charges; prosecute criminals SYSTEM 2. Integration of the Moral Recovery
and represent the state in all criminal proceedings. Program (MRP) in all CJS
undertakings.
3. Court – the centerpiece of the CJS and the final arbiter of 3. Strengthening of linkages between
the law, the courts are made up of the Supreme Court (SC) and among the five pillars of the CJS
and such other inferior courts in the land such as the court and the general public.
of appeals, regional court and city and municipal court. Its 4. Upgrading professionalization among
main function are the following; Issues search warrant, CJS personnel.
warrant of arrest and commitment order; conduct pre-trial 5. Institutionalization of awards and
conference and trial proper; conduct arraignment; renders rewards system.
judgment; adjudicate penalty and sentencing; and resolve 6. Promotion of responsible media
appeals cases, legal issues and controversies. reporting.
7. Amendment or repeal or non-
4. Correctional – It assume custody and rehabilitation of responsive and/or archaic
convicted criminals. It maintains functions are the following: 8. Provision for adequate CJS budgetary
custody of the convicts; incarceration, isolation and support.
confinement; treatment, reformation and rehabilitation, 9. Maximization of citizen participation in
reintegration and preparation for the release of prisoners. the maintenance of peace and order.
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Law 1. Improvement of recruitment and speedy administration of justice.

Enforcement training programs. 4. Continuing dissemination of
2. Adherence to professional ethics and information regarding of the courts.
moral values. 5. Continuing training of judges and
3. Upgrading of law enforcement court personnel.
capability. 6. Work for the full realization of the
4. Replication of pilot-tested projects, constitutional autonomy of the
e.g. Community Oriented Policing judiciary in order to achieve its true
System independence.
5. Organizational development to 7. Grant awards/recognition to deserving
enhance coordination and judges and court personnel through
organizational effectiveness. the merit system.
6. Promoting efficiency in the CORRECTIONS Modernization of the Philippine
management of resources through a Correctional System
system of transparency.
7. Active participation of the community A. INSTITUTIONAL PROGRAMS
in crime prevention, solution and  Establishment of diagnostic
control. centers
Prosecution 1. Provide adequate staff, equipments  Specialized correctional
and supplies. institutions
2. Provide attractive emoluments and  Prison furlough
benefits to attract competent lawyers  Work releases
to join the prosecution service.  Prohibition of arrest and
3. Strict screening of prosecutor- detention during holidays and
applicants. weekends
4. Management training for prosecutors.
5. Enforcement of stricter disciplinary B. NON-INSTITUTIONAL PROGRAMS
measures.  Halfway homes
6. Recommend designation of specific
 Community service orders
courts to exclusive trial and decide
criminal cases.  Joint institutional and non-
7. Mandatory pre-trial. institutional correctional
8. More funding for the Witness institutions.
Protection, Security and Benefit  Moral and spiritual programs
Program. (RA 6981)  Health insurance
9. More funding for Victim Compensation  Sports and recreation
LAW.  Counseling services
10. Closer coordination of the prosecution  Prison Agro - industries
with law enforcement agencies and  Special services for offender's
the community in evidence-gathering. dependents especially the poor
11. Strict adherence to DOJ Circular in and the underprivileged
resolving preliminary investigation of  Psychosocial interventions
cases within 60 days.
12. Actively assist in the training of C. PERSONNEL
Barangay Chairmen and Lupon  Increase of personnel for all
members in their conciliation, correctional agencies
mediation and arbitration work to  Professional and career
lessen the load of cases to be filed
advancement of correctional
with prosecution/courts.
workers/upgrading of
Courts 1. Monitoring of performance of judges.  Qualification standards for
2. Continuing audit of court dockets to
correctional workers
insure compliance with the prescribed
 Value enrichment programs
period within which cases should be
tried and decided.  Salary and benefit upgrading
3. Continuing revision, amendments  Team and commitment building
and/or modification of the Rules of seminars
Court for the purpose of attaining  Institutionalization of awards
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and incentive standards for adjudication, and correction that is directly involved in the
correctional workers. apprehension, prosecution, and control of those charged with
criminal offenses”.
D. FACILITIES Notice that in this definition, the American Criminal Justice
 Site and infrastructure System’s main focus is on enforcement, adjudication and
development correction.
 Old facilities In the American Criminal Justice System, there are only
redesign/upgrade/transfer three (3) pillars: (1) Law Enforcement, (2) the Courts, and (3)
 Construction of separate new the Corrections. In contrast, the Philippine Criminal Justice
facilities in conformity with System has five (5) pillars; namely, (1) Law Enforcement, (2)
modern prison architectural Prosecution, (3) Courts, (4) Corrections, (5) Community.
design Conceptually, the American context of CJS is the process
 Modern transport and of linking its three components of the police, court and
communication facilities correction.
 Construction of separate a) THE POLICE - one who initiates the criminal justice
process by the arrest of the criminal.
facilities for female, youth and
b) THE COURT - one that conducts the trial and imposes
other special offenders
the penalty if found guilty.
Community 1. Maximize participation of
c) THE CORRECTION - where the criminal is remanded
development workers in organizing
to prison not as a form of punishment but for
community fight criminality
correction and rehabilitation.
2. Promote and support anti-crime
The criminal justice system has three separate organized
watch movements
parts and each has distinct tasks. However, these parts are by
3. Improve street lighting to make
no means independent of each other. What each one does and
streets safer at night
how it does it has a direct effect on the work of the others.
4. Expand existing anti-drug programs
The courts must deal, and can only deal, with those whom
involving the community
the police arrest; the business of corrections is with those
5. Provide incentives and recognition
delivered to it by the courts. How successfully corrections
for good policemen, prosecutors,
reforms convicts determines whether they will once again
judges, etc.
become police business and influences the sentences the
6. Promote Community Oriented
judges pass; police activities are subject to court scrutiny and
Policing System (COPS)
are often determined by court decisions. And so reforming or
7. Practice neighborhood watch system
reorganizing any part or procedure of the system changes other
8. Information networking among anti-
parts or procedures. Furthermore, the criminal process, the
crime groups
method by which the system deals with individual cases, is not a
9. Security bulletin = expose modus
hodgepodge of random actions. It is rather a continuum an
operandi of criminals; disseminate
orderly progression of events some of which, like arrest and
crime prevention tips
trial, are highly visible and some of which, though of great
10. Retire corrupt, delinquent and aging
importance, occur out of public view. A study of the system must
judges, police officers and other
begin by examining it as a whole.
government officials
11. Increase mobility by
1.2. PHILIPPINE CONTEXT OF CJS
improving/modernizing patrol
In the Philippine setting, the CJS is broadened and
equipment
anchored into the so-called “Five Pillars” representing the police
12. Study innovations in law
(law enforcement), prosecution, court, correction and
enforcement agencies in foreign
community.
countries
The first four pillars constitute the formal part of the criminal
13. Civilian anti-kidnapping task force
justice system, being officially part of the duly constituted
14. Provide economic growth through
government. The fifth is community pillars is the informal part of
cooperative community-based and
the CJS, as it is not part of the official government. All the pillars
people-oriented systems
are both the formal parts play very important and crucial roles in
making the CJS work and effective in combating and reducing
G. COMPARISON BETWEEN AMERICAN AND PHILIPPINE CJS crime.
The five pillars of the CJS are by no means independent of
1.1. AMERICAN CONTEXT OF CJS each other. What each one does and how it does has direct
Siegel and Senna states that “criminal justice may be effect on the work of others. Hence, in order to attain and meet
viewed or defined as the system of law enforcement, the goals or objectives of the system, each pillar must function
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efficiently because the failure of one means the failure of the 9. DETERMINATION of guilt and innocence of those
entire system. One is ineffective without the other so that no apprehended and disposition those who have been
pillars of criminal justice system can reduce the legally found guilty.
commission of the crime by itself nor can it afford to be 10. REHABILITATING offenders and returning them to the
unmindful to the functions and responsibility of the other pillars. community as law-abiding and useful citizens of the
In summary, CJS is the institution charge with direct society.
responsibility for the prevention and control of crime. 11. CONDUCT of research and continuing study towards
Specifically, CJS has been defined as the enforcement, better understanding of criminal behavior and
prosecution, adjudication, punishment and rehabilitation delinquency.
functions.
I. CRIMINAL JUSTICE SYSTEM AS A SYSTEM AND
H. IMPORTANCE, PURPOSES AND FUNCTIONS OF THE PROCESS
CRIMINAL JUSTICE SYSTEM 1.1. CRIMINAL JUSTICE SYSTEM AS A SYSTEM
1.1. IMPORTANCE OF STUDYING CRIMINAL JUSTICE As a system, the CJS is the machinery which
SYSTEM society uses in the prevention of crime. The process is the
1. To know the function, duties, responsibilities and totality of the activities of the pillars in crime prevention and
limitations of being a law enforcement officers. control.
2. To know the laws applicable in relation to other law 1. System has identifiable components – There are parts
enforcement agencies of the government. or elements, structures that perform certain function
3. To know how the accused and criminals are being that contributes to the functioning of the system. The
process under the criminal justice system. components of the criminal justice system are often
called the pillars of the Criminal Justice System.
1.2. PURPOSE AND FOUR CORE FUNCTION OF THE 2. Each system constitutes an identifiable whole – this
CRIMINAL JUSTICE SYSTEM means that we can distinguish one system from
a. To prevent, control or reduce the commission of the another. Each has its function to perform within the
crime. system.
b. To process those who have been accused of criminal 3. The system’s components are interdependent – The
activities. elements of the system affect each other and depend
on each other. One element cannot function without
1.3. FOUR CORE FUNCTION OF THE CJS input from another. Although the parts or components
a. Prevent the commission of crime and protect life, are independent from each other, they serve a
individual rights and property of citizens. common goal.
b. Enforce the law and remove dangerous persons from 4. Each system operates within an environment – an
the community. environment consists of any elements outside the
c. Investigate, apprehend, prosecute and sentence those system’s boundary. All other systems in our society
who cannot be deterred from violating the rules of outside the CJS are part of its environment. These
society; and may include the political system and economic system
d. Rehabilitate offenders, and return them to the prevailing in our society.
community as law abiding citizens.
For every system there is Output. This is what the
1.4. COLLECTIVE FUNCTION OF CRIMINAL JUSTICE system produces. Associated with the functions of the
SYSTEM Criminal Justice System is a variety of outputs from the
1. PREVENTION of the commission of the crime. different pillars of the system. Examples are:
2. ENFORCING the law. 1. INVESTIGATION of crime and ARREST of the
3. DETERRENCE and control of crime. offender. (Law Enforcement)
4. PROTECTING and safeguarding life, individual rights 2. CHARGING and PROSECUTION of the
and property. offender. (Prosecution)
5. SUPPRESSION of criminal conduct by apprehension 3. CONVICTION or Sentencing of the offender.
of accused for whom prevention is ineffective. (Court)
6. REMOVING dangerous person from the community. 4. RELEASED and Rehabilitation of the offender.
7. INVESTIGATING, apprehending, prosecuting and (Correction)
imposing penalty upon those who cannot be deterred 5. REINTEGRATION of offenders to the society.
from violating the rules of society. (Community)
8. REVIEW the legality of our preventive and Administration of justice to an offender, to victim and
suppressive measures. to the society as a whole is the ultimate output.

1.2. CRIMINAL JUSTICE SYSTEM AS A PROCESS

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ranked lowest among the 11 nations in Asia rated by the

One way of understanding the Criminal Justice is to view it Geneva-based foundation. The said survey gave the Philippine
as a process that takes criminal offender through a series of the justice system an average rating of only 2.34 on a scale of 1-10.
decision points beginning with the arrest and concluding with the The highest ranked Asian country in the survey is Singapore
reentry into society. A comprehensive view of formal Criminal which placed 9th with 7.91. The highest rated worldwide is
Justice process would normally start with the interactions of the Israel with 8.94.
criminal justice components as it is shown on the diagram below Among the criteria reportedly used were access to justice;
whereby the flow of violators passes through criminal Justice public accountability of the judiciary and the rate of disposal of
System sequential order. cases.
As a process, CJS refers to the “orderly progression of A recent editorial of the Philippine Daily Inquirer mentioned
events from the time a person is arrested or taken out of the the following causes of the rising tide of criminality:
community, investigated, prosecuted, sentenced, punished, 1. Poverty,
rehabilitated, and eventually returned to the community.” See 2. Ineffectiveness and low credibility of the police,
figure 3 in page 12. 3. The rising incidence of drug abuse, and
Criminal justice is a process of selection. Not every crime 4. The lack of a real deterrence to the commission of
that is committed is reported to the police; not every crime crimes.
reported to the police results in an arrest; not every arrest It observed that:
results in a prosecution; not every prosecution results in a “One real deterrent would be the
conviction; and not every conviction results in a prison sentence. realization that one cannot escape from the law if
In other words, criminal justice is a process whereby individuals one is caught after committing a crime. But our
are sifted and sorted out at various decision points within the criminal justice system leaks like a sieve, and at
system. any point, from the police station to the prison,
one can escape retribution and justice.”
During the processing of the offender, there is a great deal If the anti-crime campaign is to be effective, the entire
of “slippage” within the system at various decision points in the criminal justice system will have to be improved or revamped.
process. A major characteristic of the administration of criminal Revamping the criminal justice system will be like cleaning the
justice is the discretion that exists at each critical decision stage Augean stables or restoring the Pasig River. However, it has to be
in the system. The criminal justice system operates like a done if the government is to win the fight against crime
complex filter, screening out offenders at various points.
The criminal justice process can be conceived as a NOTA BENE: PROCESS is a series of steps, actions or operations
homogenization process. The process begins with acts that used to bring about a desired result.
may or may not be considered as “criminal” (designated as
social harms). At the beginning of the process, we have a very 1.3. FUNCTIONAL COMPONENTS OF THE CRIMINAL JUSTICE
heterogeneous group of people, since just about everyone SYSTEM (PROCESS) (See figure 4 in page 13)
commits some act that could be considered a “social harm”.
However, very few of these acts come to the attention of the 1. The police are responsible for gathering evidence and
police. Of those that do come to the attention of the police, only arresting the suspected law violator.
a small percentage (less than 20 percent) results in an arrest.
Even of those arrested, many are never charged with a crime or  Arrest-(sec.1 Rule113,RC)is the taking of a person
“booked”. into custody in order that he may be bound to answer
As we proceed through the stages of the CJS, we see that for the commission of an offence.
the number of people involved as accused is further reduced.  Time of making arrest-(sec.6Rule11,RC)an arrest
Also, and more importantly, the kinds of people involved maybe made on any day and any time of the day or
become more and more homogenous. For instance, they night.
become more alike in terms of age (younger), sex (more are  Warrant of arrest= is an order in writing, issued in the
males), social class (increasing numbers of lower - and working- name of the people of the Philippine, signed by the
class people), offense (more and more “index” offenses, judge and directed to a peace officer commanding him
especially property offenses such as theft and robbery), and to arrest a person designated.
more and more with previous experiences with the criminal  Search warrant=to search for a certain personal
justice system. When we arrive at the last stage, the prison property and bring it before the court
populations, we have the most homogenous grouping in which 2. The prosecutor is responsible for evaluating the evidence
the vast majority are poor, unskilled, uneducated, and well the police have gathered and deciding whether it is
experienced in crime and have had much contact with the sufficient to warrant filing charges against the alleged
criminal justice system. violator.
In a survey of 18,000 business executives all over the  Complaint (Sec.3, Rule 110, RC)is a sworn written
world conducted by the Geneva-based World Economic Forum
statement charging a person w/ an offense,
in 1995, the administration of justice in the Philippines has been
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subscribed by the offended party, any peace officers, 7. The prison system receives the defendant if convicted
or other public officers charges w/ the enforcement of and sentenced and keeps them until parole is granted
the law violated. or have completed their sentences.
 Information (Sec.4Rule 110 RC) as accusation in
writing charging a person w/ an offense, subscribe by 8. Finally, the parole department assists released prisoners in
the prosecutor and filed it w/ the court. their return to the community.
 Preliminary Investigation (Sec.1, Rule 112 RC) is an
inquiry to determine whether there is sufficient ground 2. STEPS AND STAGES OF THE CRIMINAL JUSTICE
to engender a well founded belief that the crime has PROCESS
been committed and respondent is probably guilty
thereof, and should be held for trial. 1.1. THE STEPS OF CRIMINAL JUSTICE SYSTEM
a. The police are responsible of gathering evidence and
3. The defense attorney, whether privately retained or arresting the law offender.
provided by the government is responsible for defending b. The prosecutor is responsible for evaluating evidence,
the accused. which the police gathered, and deciding whether it is
 Counsel de parte – Private lawyers with pay. sufficient to the warrant filing charges against the
 Counsel de oficio (I,e PAO lawyers, public attorney’s alleged accused.
offices, under the department of justice)is a counsel, c. The defense lawyer, whether privately retained or
appointed or assigned by the court that by reason of provided by the government, are responsible for
experience and ability may adequately defend the defending the accused.
accused and usually without pay. He is normally d. The judge, during trial, is an arbitrator in court who
appointed to represent one who is in a criminal case. ensures that defenses evidence, examining and
cross-examining witnesses.
4. The judge during trial is an arbitrator in court who ensures e. The judge at the end of the trial renders the decision.
that the defense and prosecution adhere to the legal f. The probation officer conducts pre-sentence
requirements of introducing evidence and examining and investigation, which judges will make use of in the
cross-examining witnesses. determination of sentence; also convicted offender
placed on probation.
5. The judge at the end of the trial renders the decision. g. The offender, if convicted and sentence, the prison
system receives and keeps them until the parole
 Judgment (Sec.1, Rule 120, and RC) is the board grants them parole or they have completed their
sentence.
adjudication by the court that the accused is guilty or
not guilty of the offense charges and the imposition of
1.2. STAGES OF THE CRIMINAL JUSTICE PROCESS
him of the proper penalty and civil liability if any. It
There are five (5) Stages in the CJS:
must be written in the official language, personally and
directly prepared by the judge and signed by him and
1. Arrest
shall contain clearly and distinctly a statements of the
facts and upon which is based. Two distinct sequences of steps following the
detection of crime:
6. The probation officer conducts post-sentence a. Police observation – Arrest – Booking –
investigations and supervises convicted defendants placed investigation.
under probation. b. Complaint – Investigation – Arrest –
Booking.
 P.D.968(The Probation Law of 1978) as amended by
P.D.1257,BP. 76 and P.D.1990,Defines probation as 2. Charging
“disposition under which a defendant, after conviction 3. Adjudicating (Trial Judgment Stage)
and sentence, is released subject to condition 4. Sentencing
imposed by the court and to the supervision of 5. Correction
probation officer. Each of these stages begins with an action (input) that
 Post-sentence investigation = an investigation stimulates a process resulting in a crucial decision being made
for the accused (output).
conducted by the probation officer after conviction to
determine the qualifications of the convicted offender
1.3. CRIMINAL JUSTICE SYSTEM FLOW MODEL
for probation.
Figure 4 and 5 is a diagram showing the CJS and its main
 Probation = a privilege granted by the court to a
flows. When an offense is committed in the community, it may
person convicted of a criminal offense to remain in
go undetected, in which case the law violator does not enter in
the community instead of actually placed in prison.
contact with law enforcement. If the law violator is arrested, he
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may be charged and become an input to the courts sub-system

for disposition. The output may be an acquittal or a sentence 1.2. ULTIMATE GOALS
which could be handled either through probation or through a Administration of justice
correctional institution. 1.3. GOALS
When an individual becomes a law violator, he may be According to ROBERT D. PURSELY, in a free society, the
regarded as output of society and as an input to the Criminal primary goal of CJS is to protect the members of that society. It
Justice System. After expressing from the system, he returns to is a formal “instrumentality authorized by the people of a nation
the society. to protect both their collective and individual well-being.”
It should be noted that law enforcement is a very vital Another major goal is the maintenance of order.
component since the point of entry of the offender into the
systems is largely controlled by the former. 1.4. SUB-GOALS
In addition, within these two goals, there are number of
3. TWO ASPECTS OF THE CRIMINAL JUSTICE SYSTEM important sub-goals:
1. prevention of crimes;
1. FORMAL JUSTICE SYSTEM = is the traditional series of 2. suppression of criminal conduct by apprehending
agencies that have been given the formal responsibility to offenders when prevention is ineffective;
control crime. It is an overt system, everyday in operation, 3. review of the legality of the preventive and
customary understood and referred to in crime and suppressive measures;
delinquency literature. 4. judicial determination of the guilt or innocence of those
apprehended;
CHARACTERISTICS OF FORMAL JUSTICE SYSTEM 5. proper disposition of those who have legally found
a) CRIME CONTROL = implies dedication to guilty; and
maintain public order and to counter the threat of 6. Correction by socially approved means of the behavior
active criminals. of those who violate the criminal law.
b) REACTIVE THEORIES = the tactics of
punishment, suppression, and compulsory THE FOLLOWING SUB-GOALS ARE ADOPTED FOR EACH
confinement. PILLAR OF THE CJS:
c) ORGANIZATION OF WORK = this refers to
bureaucratic scheme. Law Enforcement  Reduce the incidence of
d) MONOLITIC CRIMINAL JUSTICE SYSTEM = crime and crime rate to a
appears to stand separate from the community it socially desirable level.
serves.  Improve crime solution
efficiency.
2. LARGER CRIMINAL JUSTICE SYSTEM = these are  Maximize linkages with other
agencies and persons that deals with issues related to components of the criminal
crime prevention, thus the traditional pillars of the criminal justice system and
justice system. international law enforcement
agencies.
CHARACTERISTICS OF LARGER JUSTICE SYSTEM  Enhance the credibility of law
a) The fuller recognition that the criminal enforcement organizations.
justice administration is a part of social control Prosecution  An 85% disposition rate of
functions of the entire constitutional framework of
cases under preliminary
the community.
investigation.
b) The supreme goal is no longer just crime control
 A 50% increase in the rate of
but rather maximum law observance.
c) The recognition of nature and functioning of the cases rested by the
particular community being served are of prosecution in court at the
paramount importance for efficient criminal end of the 5-year period.
justice administration. Court  An 85% disposition rate of
d) Full awareness of the limits of legitimate cases under preliminary
coercion. investigation.
 A 50% increase in the rate of
4. OBJECTIVES, GOALS VISIONS AND MISSIONS OF CJS cases rested by the
prosecution in court at the
1.1. OBJECTIVE end of the 5-year period.
The main objective of the system is justice for all and Corrections 1. INCAPACITATION -
elimination of crime from our society. Reduction in the:
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 Rate of A. LAW ENFORCEMENT- A well-coordinated,

escapes/jailbreaks professional, dynamic and highly motivated law
among prisoner. enforcers in partnership with the community for a safe,
 Rate of revocation peaceful and progressive Philippines.
among probationers. B. PROSECUTION - A maximized prosecutorial
 Rate of commitment capability to reduce criminality for a peaceful and
among progressive Philippine society.
parolees/conditional C. COURTS - A court system which is truly independent,
pardonees. just and speedy to the end that no innocent person is
 Rate of commitment convicted and no guilty man is acquitted.
among youthful D. CORRECTIONS - A correctional system that is
offenders. modern, humane, responsive and integrated.
2. REHABILITATION E. COMMUNITY - A united proactive community working
a. Increase in the: for peace and order in partnership with the other
 Rate of successful pillars of the criminal justice system.
termination from
1.6. MISSION
probation.
The CJS MISSION is to promote peace and order through
 Rate of successful
active community involvement and fair and dispensation of
termination of
justice.
parole.
A. LAW ENFORCEMENT - To enforce the law, prevent
 Rate of successful
and control crime, maintain peace and order, and
probation among ensure public safety and internal security with the
youthful offenders. active participation of the community.
 Rate of payment of B. PROSECUTION - To provide a highly professionalize,
civil liability among properly motivated and people-oriented prosecution
non-custodial service to conduct preliminary of complaints and
offenders. prosecute criminal actions to ensure fair, speedy and
b. Reduction in the rate of inexpensive prosecution of cases.
recidivism in the entire C. COURTS- To promote respect for and obedience to
correctional system. the Rule of Law through proper and efficient
Community  Barangays shall have administration of justice.
attained awareness of the D. CORRECTION - To rehabilitate and reintegrate
criminal justice system. offenders into the mainstream of society and uphold
 Transform negative attitudes, their human rights and dignity through speedy legal
beliefs and perceptions, i.e. and administrative processes and provision of
apathy, passivity, scientific and spiritual programs.
divisiveness and non- E. COMMUNITY - To mobilize key sectors of the
cooperation. community in an integrated plan of action to combat
 Criminality shall have been crime and promote peace, order and justice.
reduced by 75% based on
the current level.
 Develop mechanisms for
interaction and
communication between
community and other pillars
of the criminal justice system.

1.5. VISION
CJS VISON is for a safe, peaceful, and progressive
Philippines through partnership and shared responsibility in
attaining peace and order.

FIGURE 3
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THE CRIMINAL JUSTICE SYSTEM PROCESS

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FIGURE 4
FUNCTIONALLY INTEGRATED CRIMINAL JUSTICE SYSTEM

FIGURE 5

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ROUTE OF THE ACCUSATORY PLEADING IN FELONY PROSECUTION

CHAPTER II
THE LAW ENFORCEMENT PILLARS

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(The Prime Mover) The Baranganic Society: Village Chief (Headman) is the
administrative leader of the community.
A. INTRODUCTION
Specifically, the first stage in the criminal justice process FREEMEN=assisted the chief with work involving the welfare of
pertains police or Law enforcement activities which is carried on the community.
through INVESTIGATION of crimes that are reported to or LAWS:
discovered by the police or Law enforcers. 1. Unwritten
The Police (Law Enforcement) stand at the forefront of the 2. Written
Criminal Justice System. Law Enforcement is a deterrent and a. Code of Kalantiaw(1433)
preventive activity. It consists of patrolling to supervise conduct, b. Maragtas Codes(1577)
investigating to identify offenders and or recover stolen or c. Sikatuna Code
missing property, warning or arresting those who are probably d. Luwaran-Muslim
guilty of criminal behavior, and assisting in the prosecution e. Hammurabi Code-longest code
and trial of offenders. Its goals are aimed towards the
prevention of crime and disorder, preservation of peace, and the 1.2. SPANISH REGIME
protection of life, properties and individual freedom. The Police service during the Spanish regime up to 19 th
A large number of government agencies are involved in law century was looked upon by the Spanish government as a part
enforcement one way or another. The kind and degree of of the military system for the defense of the colony. So the
involvement vary from general and specific law enforcement locally organized police forces, although performing civil duties
to enforcing standards and regulation pertaining to particular and seemingly created for the sole purpose of maintaining
government activities. internal peace, were in fact direct adjuncts to the colonial
Because the police are in closest contact with the people in military establishment police function:
the community, as a result, they are often blaming for the a. The suppression of brigandage by patrolling unsettled
interlinked in the operation of the system. areas.
b. Detention of local or petty uprising by upon the work
B. HISTORICAL BACKGROUND OF THE POLICE and movements of people
The word “Police” originated from the Greek word c. The enforcement of tax collection, including church
“POLITEIA” meaning government of a city. It applied to civil revenues.
officers and not necessarily policemen. The Romans changed
the word slightly to “POLITIA”. The French changed the word to A. CARABINEROS DE SEGURIDAD PUBLICA
POLICE and applied it to that person who actually enforces the  This was organized in 1712 for the purpose of carrying
law. Thereafter, the English and the Americans barrowed the out the regulations of the department of states. It was
word from the French and used it to describe a LAW earlier version of the mounted rifleman in the history in
ENFORCER. the Philippine Police System
It primitively evolved from the practice of different tribes  In 1781, was given the special commission of the
to select able-bodied young men to protect their villagers, government custodian of the tobacco monopoly.By the
not from the assault of criminals, but from depredations of Royal Desree of Dec.20, 1842, it was organized and
wild animals which prey their crops and livestock during night called CUERPO DE CARABINEROUS DE
time. SEGURIDAD PUBLICA.
These young men who walked around their village during  DUTIES:
the night to render protection need not to work in the fields 1. Prosecution of law breakers and criminals
during the day. The village council agreed that they were given 2. Maintenance of peace and order and security
equal share of the harvest for the families. Historically, this is the 3. Vigilance of execution of law and ordinance of
forerunner of the contemporary patrol of the police for crime good government
prevention. 4. Discharges the duties of a port, harbor and river
Basically, a police department is organized first and police.
foremost for crime prevention. In a newly created community, a
prime concern of local government officials and citizens is peace B. THE GUARDRILLEROS
and order. Hence, priority is the establishment of a police force  This was the body of rural police organized in each
entrusted with the basic responsibility of crime prevention. They town and established by a Royal Decree of January 8,
are aware of the police role to safeguard the community's 1836.This decree provided the 5 percent of the able-
progress and stability. bodied male inhabitants of each province were to be
enlisted in the police organization for three years tour
1.1. PRE SPANISH REGIME - Historically, this is the forerunner of of duty. A province of generally maintained this kind of
the contemporary patrol function of the police crime prevention. police force of the number of the eighty but those
province of Visayas and also those subject to MORO

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raids enlisted more, depending upon, the local man 1.6. THE CREATION OF THE POLICE FORCE IN THE
power and the probability proximity of the danger PHILIPPINES
arising from the constant incursions of the MORO  Insular Police Force was established on November 30,
pirates. 1890 during the Filipino-American was (1898-1901) upon
the recommendation of the Philippine Commission to the
C. THE GUARDIA CIVIL Secretary of War.
 This was created by a royal decree issued by the  Another Insular Police Force was created on July 18, 1901
crown on February 12 1852 to partially relieved the by virtue of Act No. 175, titled as “An act providing for the
Spanish peninsula troops their work in policing town. organization and Government of an Insular Constabulary.”
Consisted Pilipino policeman organized originally in  On the July 31, 1901, the Manila police department was
each provincial capitals of central province of Luzon formally organized by virtue of Act No.183 of the Philippine
under the arcade (governor). Commission, Capt. George Curry, as US army officer was
 The original decree was later modified by the royal appointed as its first Chief of Police.
decree on March 24 1868.Patterned after the national  On August 1, 1901. The Philippine Constabulary under Act
police service of the same name in Spain, the original No.175 of the Philippine Commission. Capt. Henry T. Allen
purposes were peace and order maintenance, retired US army officer was detailed as the First Chief of
municipality, and execution of public laws wherever Philippine Constabulary.
needed.  Revised Administrative Code of 1917 was approved a year
before World War I (August 1914 to 1918) ended. In
1.3. JAPANESE OCCUPATION section 825 of this law, it stated that the Philippine
During the Japanese Occupation, the Japanese Military Constabulary is National Police Institution for preserving
Police Known as the “KEMPETAI” was held responsible in the peace, keeping order and enforcing the law.
maintaining peace and order in Manila. The Manila police, which  On November 1938, Act No. 181 required the creation of a
was created during the first American occupation, was renamed
Bureau of investigation. This Agency should be the
into Metropolitan Constabulary under the Bureau of
modification of the Division of Investigation from the
Constabulary. Kempetai ruled the urban areas until Gen.
department of justice. On June 19, 1947, RA No. 157 was
Douglas Mc Arthur returned on February 7, 1945.
enacted which created the National Bureau of
The Manila Police Department, which was created during
investigation.
the first American occupation, was renamed into Metropolitan
 In 1943, members of the American Police Forces were
Constabulary under the Bureau of Constabulary.
withdrawn. Capt. Columbus E. Piatt was the last American
1.4. THE REVOLUTIONARY AND THE FIRST REPUBLIC Chief of police in Manila. The manila Police became all
The system of police force built by the erstwhile Philippine Filipino Police Organization w/ Col. Antonio C. Torres as its
republic received its first sever shocked at the on sloughs of the first Chief of police w/ the outbreak of the war. The
revolution of 1896. Japanese Military Police Known as the “KEMPETAI” took
Torres in Custody.
 On February 27, 1945 when General Douglas Mc. Arthur
1.5. THE AMERICAN OCCUPATION returns to the Philippines, The battle of the manila ended.
Historically on march 4, 1899 the Schurman commission Again the Manila Police Department was under American
offered to Gen. Emilio Aguinaldo a plan of government…the control.
largest measure of local self-government consistent with peace  Col. Marcus Ellis Jones of US Provost Marshall
and order. Department was named as the Chief Police of Manila upon
Based on the principle annunciated in the above inaugural its liberation from the Japanese.
address, and the recommendation of Nov.30, 1900 to organize  On July 4, 1946, when Philippine independence was
the national police force establish President Manuel A. Roxas becomes the First
Having been approved act.No.175 an act providing for the President of the Philippines. He appointed Col. Lamberto
organization and government of our insular constabulary was T. Javalera as his First Chief of Police for Manila.
approved on July 18, 1901.
 On October 3, 1901 the name insular constabulary was 1.7. POST WORLD WAR II
changed to Philippine constabulary and then Constabulary The following are the important dates and events:
was the national institution for preserving peace, keeping 1. In 1960, RA # 2678 was enacted and this law provided the
order and enforcing the law. In fact, its police nature was expansion and reorganization of the NBI. This law
expressly and clearly stated in Sec.1 of Act no.175, the established that the NBI is both an investigative and
organic act creating the constabulary. The same provision research service agency.
was retained in Sec.825 of the 1917 Administrative Code. 2. On Jan. 1, 1964, the RULES OF COURT took effect. This
procedural law was construed in order to promote the
broad objective of the criminal justice system and to assist
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the parties in obtaining just, speedy, and inexpensive C. WHO IS A POLICEMAN?

determination of every action and proceeding. The answer to this question, which serves as the germinal
3. On September 18, 1966, Republic Act # 4864 otherwise principles upon which COP is principally based, was provided by
known as POLICE ACT OF 1966 was enacted. The law Sir Robert Peel. Bobby Peel, who was Home Minister in the
created the office of the POLICE COMMISSION (which 1820’s in the founder of the British Police Force, whose
was later called National Police Commission) under the members are called BOBBIES. His answer:
Office of the President. Originally, the POLCOM was “The Police are the public and the public are the Police.
created as a supervisory agency to the PC. Its function is Police officers are those who are paid to give full time attention
to oversee the training and professionalization of the local to the duties of every citizen”.
police forces. Through this law, reformation and Based on this concept or Peel Principle, the Police have
professionalization of the police service gained official two components also, namely; the formal and the Informal. The
recognition. formal Component consists of the PNP Uniformed Personnel,
4. On Aug. 8, 1975, PD # 765 was enacted and stipulated NBI, and LTO. And other government law enforcement
that the office of the NAPOLCOM should be under the agencies. All PNP uniformed are called police officers, whether
office of the Ministry of National Defense. It defined also commissioned (PCOs) or non-commissioned (PNCOs). They
the relationship between the Integrated National Police and are all being paid by the government to render full-time attention
the Philippine Constabulary.  This was in compliance with to Police duties, which are also the duties of every citizen.
the provisions of Section 12, Article 15 of the 1973 The informal component is composed of the citizenry or
Philippine Constitution. private sectors. Based on the peel principle, the citizens are also
5. Republic Act # 6040 ( Tolentino Law ) – empowering the part of the police who are doing it on part – time basis. As such,
Police Commission to give appropriate examinations to they are the police non – officers or doing it on a member, who
officers and members of police force aimed at are not paid by the government.
professionalizing police services. It is in this basis that private individuals are vested also
6. On December 13, 1990, RA # 6975 was approved by then with the police authority to make arrests based on the doctrine
President Corazon Aquino. This law was known as the of citizens’ arrest. Furthermore, the duty being performed by the
DILG Act of 1990 and but it was also recognized later as police officers is also the duty of every citizen.
the PNP Law of 1991. This law created the Philippine
National Police and declared it to be the only police force of
the country with national scope and civilian in character.  An agent of person in authority endowed by law to
7. On February 25, 1998, RA # 6975 provisions concerning enforce the law.
the PNP was amended when President Fidel Ramos  Symbolically, he is the law.
approved RA # 8551. RA # 8551, known as the PNP
Reform and Reorganization Act of 1998, reorganized the 1.2. NATURE OF POLICEMAN
PNP for the purpose of reforming and professionalizing it. A Policeman has a mind of a LAWYER, the soul of a
CLERGYMAN, the heart of a SOCIAL WORKER, discipline
1.8. IMPORTANT PERSONALITIES IN THE HISTORICAL of an ARMY SERGEANT, the integrity of a SAINT. He
EVOLUTION OF PHILIPPINE POLICE SERVICE must believe in a community of laws, while seeing little but
1. William Howard Taft – first civil governor of the Philippines lawlessness; believe in the goodness of man, while seeing
2. Capt. George Curry - first Chief of Police of the Manila man most often at his worst, work in a community of men
Police Department who resent his presence but depend on his faithfulness,
3. Capt. Columbus E. Piatt – last American Chief of Police of know his jurisdiction like a SOCIOLOGIST, and he must
Manila Police Department before the World War II broke understands people like a PSYCHOLOGIST. He must take
out the long view of life like a PHILOSOPHER and yet never
4. Capt. Henry T. Allen – first Chief of Police of the Philippine losing his common touch.”
Constabulary
5. Brig. Gen. Rafael Crame – became the first Filipino Chief 1.3. KINDS OF POLICEMEN
of Police of the Philippine Constabulary
6. Col. Antonio C. Torres – first Filipino Chief of Police of the 1. TRADITIONAL POLICEMAN = a policeman
Manila Police Department when it became an all Filipino walking in uniform performing patrol work, walking
police organization constantly and alertly, observing persons and things to
7. Col. Marcus Ellis Jones – first Chief of Police of the Manila accomplish crime prevention mission.
Police Department upon the liberation of Manila from the a. The best public servants who serve the public
Japanese Imperial Army instead of dominating them.
8. Col. Lamberto T. Jalavera – first Chief of Police of Manila b. The years of receptive policing, when the public
Police Department under the Republican government of received and welcomed the presence of the
then Pres. Roxas. police assigned in their neighborhood to

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maintain order and security, instead of imposing

purely law enforcement action. 4. The Police and the Correction
c. The years when every policeman was a good, The relationship between the police and the correction
friendly, trustworthy officer of the law. is established and maintained through provision of security,
d. The years when only few rotten mangoes can be police escort and custodial service. The transfer of prisoner
found in a basket. from one confinement to another necessitates the help of
e. The idealist, ideal, a lover of wisdom, who gives the police. The police escort is necessary to augment the
meaning to his duty in terms of truth, goodness security requirements of dangerous prisoners and
and beauty. criminals.

2. CONTEMPORARY POLICEMAN = the materialistic, 5. The Police and the Community

arrogant, college educated agent of person in The relationship between the police and the
authority whose insight of public service is for the community is established and maintained through police
public to serve him as his source of extra income. community cooperation. The police enlist the support of the
At the start of his duty, he reflects not on his community to prevent the commission of the crime, to
work, but on his prospective extra income for the day, eradicate drugs, and to arrest suspects and criminals.
constantly probing, looking deeper not on the nature
of things, but into the pockets of his prospective E. LAW ENFORMENT PILLARS (POLICE) ROLE AND
victims. "You name it, the POLICE are in it." FUNCTION N THE CRIMINAL JUSTICE SYSTEM

D. RELATIONSHIP OF POLICE PILLAR WITH THE OTHER 1.1. FUNCTION OF THE POLICE IN THE SYSTEM
PILLAR 1. To arrest the suspect
1. The Police and other Law Enforcement Units a) By virtue of a warrant of arrest issued by a judge on
The relationship of the police with the law the basis of evidence submitted by them.
enforcement agencies such as the NBI, PDEA, Bureau of b) Under circumstances justifying a warrantless arrest
Immigration etc. are established and maintained through (Sec. 5, Rule 113, and Rules of Court).
cooperation, joint police operation, intelligence operations 2. To conduct investigation - The police may conduct
and networking against criminal elements, joint data surveillance, interview persons with knowledge of facts
gathering and sharing of information. They may conduct directly or indirectly connected with the offense, take
joint operations in the arrest of wanted persons and other photographs (surreptitiously or otherwise), arrange to
fugitives from justice. constitutional and statutory safeguards, examine public
For instances, the police may be tapped by the and other available records pertaining to the persons
immigration to help in the arrest of illegal aliens and foreign involved and get copies of pertinent entries.
terrorist operating in the country. The PDEA can enlist the 3. To gather and preserve evidence
support of the police to conduct anti drug operation. 4. To transmit the records of the case to the court/prosecutor
5. To appear and testify in court
2. The Police and Prosecution
The relationship between the police and the 1.2. POLICE PROCESS: A MAJOR CHAIN THE CJS
prosecution is established and maintained through the Policing is the initial process in the entire criminal Justice
preparation and presentation of evidences. The System. The law enforcement agencies are the considered
prosecution relies heavenly on the effort of the police to initiators in said process which knot the function of:
prosecute criminals. As part of the prosecution, the police a. Crime detection
testify in court concerning the investigation of the case and b. Crime investigation
the evidence gathered against the suspects. The burden of c. Apprehension of suspects
proving guilt of the accused by the prosecution is entirely d. Search and seizure and
dependent upon the evidence presented by the police. e. The case preparation

3. The Police and the Court Crime detection

The relationship of the police and the court is There are several ways in which crime come to the
established and maintained through legal processes and attention of police:
criminal proceeding. The police must get the necessary 1. Receive citizens complaints or calls for assistance
search warrant from the court to conduct search and 2. Receipts of signals from alarm devices.
seizure operation against any form of criminal activities. 3. Observation by officers on patrol of suspicious
The court issues search warrant of arrest and directs the behavior, a crime in progress or the aftermath of a
police to seize properties subject of search and bring the crime.
suspect before the court to answer for the commission of 4. Observation of the planning and execution of
the crime. crimes by proactive measures.
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A. INITIAL CONTACT - The initial contact with the criminal

Response time: justice system takes place as a result of police actions.
When dealing with crimes by calls or alarms, a key
element in whether the crime will be solved and the culprit Example: A police assigned on patrol observed a person
caught may be the time that elapses between receipt of the actually committing a crime, or contacted by a victim who
calls or alarms and the arrival of the responding officers at reports a crime, the police respond by going to the scene of
the crime scene. This is known as response time and the the crime to investigate.
shorter period is better.
B. INVESTIGATION - The purpose of the investigatory stage
Crime investigation is to gather sufficient evidence to identify the suspect and
It is a police activity directed toward the identification support a legal arrest. The process of investigation
and apprehension of alleged criminals and the includes but not limited to:
accumulation, preservation and presentation of evidence 1. Surveillance and observation of suspects
regarding their crimes. 2. Taking of photographs surreptitiously or otherwise
The main objective is to determine who the criminal is 3. Interview of persons with personal knowledge of facts
and to develops and present legally accepted evidence to a 4. Entrapment suspects ( with consent of the court) when
court of law so that a conviction is assured and a crime feasible
solved. 5. Search of premises or persons and seizures of
There are several activities the policemen has to do in objects, subject to constitutional and statutory
the criminal investigation process: safeguards
1. Preliminary/initial investigation 6. Examination of public and other available records
2. Follow-up investigation pertaining to persons involved in crimes
3. Final investigation
C. ARREST - The arrest power of the police involved the
Apprehension of suspects taking of a person into custody in accordance with lawful
An arrest is made by an actual restraint of a person to order and holding the person to answer for a violation of
be arrested, or by his submission to the custody of the the criminal law.
person making the arrest. No violence or unnecessary
force shall be use in making an arrest. The person arrested D. CUSTODY - The moment after an arrest is made, the
shall not be subject to a greater restraint than is necessary detained suspect is considered under police custody and is
for his detention. (Rules of Court, Rule 113, Sec. 2) now restricted of his freedom of movement. The police may
1. Warrant of arrest wish to search the suspect for weapon or contraband.
2. Warrant less arrest
E. CHARGING - If the arresting officer or his superior believe
Search and Seizure that sufficient evidence exists the person is charge with
Almost as important as the authority to arrest is the specific crime for which he had been arrested.
authority of the police to perform searches and to seize
evidence. Like arrest, searches may be performed with or NOTE: In every stage of these processes, the police is
without court-issued search warrants. mandated by law to appraise the person or suspect of his
constitutional rights, otherwise the failure (intentional or
Search warrants unintentional) of the police will be held criminally liable for
It is an order in writing issued in the name of the noncompliance thereof.
people of the Philippines, signed by a judge and directed to
a peace officer, commanding him to search for personal F. REFERRAL - After the formal investigation has been
property describer therein and bring it before the court. completed the police has to refer the investigation report to
the prosecutor’s office, including the evidences (Physical or
The Case Preparation documentary proof) and the suspect if he is in custody.
This is the process of bringing together in an
organized and local manner all evidence collected during G. COURT APPEARANCE/ DUTY- The police (investigator or
the investigation of crime and present it to the prosecutor. arresting officer) when summon by the court must appear
The investigator must be able to present to the prosecutor in court to stand as witness for the prosecution.
and prove before the court the Corpus Delicti.
1.4. ROLES AND GOALS OF LAW ENFORCEMENT PILLARS IN
THE SYSTEM
1.3. POLICE PILLAR ACTIVITIES
Basically, the role of the police in society is crime
prevention, which is the main goal of CJS. As the most visible
symbol of CJS, the presence of uniformed policeman gives a
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feeling of security to the law-abiding citizen and casting of fear 8. Police should always direct their action strictly
to the would-be violator. Order maintenances and peacekeeping towards there functions and never appear to
is the ultimate goal of the police or law enforcement. Breakdown usurp the powers of the judiciary.
in the peace and order means breakdown of the entire CJS. 9. The test of the police efficiency is the absence of
crime and disorder, not the visible evidence of
I. ROLE OF LAW ENFORCEMENT IN THE SYSTEM police action in dealing with it.
1. Prevention and deterrent of the commission of crime.
2. Enforcement of laws, decrees and ordinance. III. GOALS OF LAW ENFORMENT IN CRIMINAL JUSTICE
3. Patrolling to supervise conduct. SYSTEM
4. Investigating to identify offenders. Its goals are all aimed towards the prevention of
5. Recover stolen or missing property. crime and disorder, preservation of peace, and the
6. Warning or arresting those who are probably guilty of protection of life, properties and individual freedom.
criminal behavior; and
7. Assisting in the prevention and trial of offenders IV. CRIME PREVENTION: A POLICE GOAL
8. Protection of life and properties Crime prevention is a primary goal of the police.
9. Prevention of peace and order By definition, it is the anticipation, the recognition, and the
10. Safeguarding the rights of the citizen appraisal of a crime risk and the initiation of action to
remove or reduce it.
OTHER ROLE:
1. To arrest the accused V. ORDER MAINTENACE: THE PEACEKEEPING POLICE
2. To conduct investigation involving the case ROLE
3. To gather and preserve evidence Order Maintenance is sometimes referred to as
4. To transmit the record of the case to the court “PEACEKEEPING”. It is the regulation of non-criminal acts.
5. To appear and testify when being called to testify in It included such specific matters as CROWD CONTROL,
court. TRAFFIC REGULATION, AND RIOT PREVENTION OR
CONTROL.
II. PRINCIPLE OF POLICING CONCEPTUALIZED BY SIR In order maintenance, the police also prevent the
ROBERT PEEL possibility of riot or violence in a civil disorder or
The roles of the in society are: disobedience. Civil Disobedience consists of breaking the
1. The basic mission of the police is to prevent law to prove a point or protest something.
crime and disorder.
2. The ability of the police to perform their duties F. THE GOVERNMENT LAW ENFORCEMENT AGENCIES
dependent upon public approval of police COMPRISING THE POLICE PILLAR
actions.
3. Police must secure the willing cooperation of the A. THE PHILIPPINE NATIONAL POLICE
public in voluntary observance of the law to be It is considered as the premier law enforcement agency in the
able to secure and maintain the respect of the Philippine CJS. The Philippine National Police was established and
people. created under the Department of Interior and Local Government
4. The degree of co-operation of the public that can pursuant to Republic Act No. 6975 as amended by Republic Act No.
be secured diminishes proportionately to the 8551. It is the front lines of the country against all forms of crime and
necessity of the use of physical force. criminality.
5. Police seek and preserve public favor not by It is the first agencies of social control in the criminal justice
catering to public opinion but by constantly system as it is called the prime mover. However, the PNP is not the
demonstrations absolute impartial services to the only law enforcement agencies primarily involved in the CJS
law. operation and processes.
6. Police use physical forces to the extent
necessary to secure observance of the law or to
restore orderly only when the exercise of 1.1. WHAT COMPOSES THE PNP?
persuasion, advance and warning is found to be The PNP composed of national office, regional offices,
insufficient. provincial and city or municipal stations.
7. Police at all times, should maintain a relationship
with the public that gives reality to the historic 1.2. POWERS AND FUNCTIONS. – The PNP shall have the
tradition that the police are the public and public following powers and functions: (Section 24, RA 6975) 
are the police; the police being only member of (a) Enforce all laws and ordinances relative to the protection of
the public who are paid to give full-time attention lives and properties;
to duties which are incumbent on every citizen in (b) Maintain peace and order and take all necessary steps to
the interest of community welfare and existence. ensure public safety;
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(c) Investigate and prevent crimes, effect the arrest of criminal 2. Police Public Relation - The continuing process by which
offenders, bring offenders to justice and assist in their Endeavour’s are made to obtain the good will and
prosecution; cooperation of the public for the effective
(d) Exercise the general powers to make arrest, search and enforcement of the law and the accomplishment of police
seizure in accordance with the Constitution and pertinent forces.
laws; 3. Human Relation - Consist of those fundamental precepts,
(e) Detain an arrested person for a period not beyond what is both moral and legal, which govern the relationships of
prescribed by law, informing the person so detained of all men in all aspects of life.
his rights under the Constitution;
(f) Issue licenses for the possession of firearms and C. PEACE OFFICERS INDIVIDUAL PUBLIC RELATIONS ARE
explosives in accordance with law; DIVIDED INTO FIVE CATEGORIES, NAMELY:
(g) Supervise and control the training and operations of 1. Domestic Relation
security agencies and issue licenses to operate security 2. Neighborhood Relation
agencies, and to security guards and private detectives, for 3. Community Relations
the practice of their professions; and 4. Church Relation
(h) Perform such other duties and exercise all other functions 5. Government Relation
as may be provided by law.
D. THE PEACE OFFICER’S PROFESSIONAL PUBLIC
1.3. THE PNP SUPPORT UNITS ARE THE FOLLOWING; RELATIONS A ND DIVIDED INTO THE CATEGORIES
1. Administrative; and NAMELY:
2. Operation 1. Intra – Department Relation
2. Inter – Department Relation
1.4. THE NATIONAL POLICE COMMISSION (NAPOLCOM) 3. Citizens Relation
Republic Act. No. 4864, otherwise known as the Police Act 4. Complaints Relation
of 1966, dated September 8, 1955 created the office of the National 5. Relations with Accused Persons
Police Commission (NAPOLCOM), originally Police Commission 6. Relations with State Prosecutors or Fiscal
(POLCOM), under the office of the President at its inception, 7. Judicial Relations
originally the NAPOLCOM was created as the supervisory agency to
oversee the training and professionalization of the local police forces. 1.6. THE POLICE USE OF DISCRETION

1.5. POLICE OPERATION A. POLICE DISCRETION

The PNP shall be under the supervision and direction of the Police officers are decision makers and most of their decisions
chief of police. These police operation includes but are not limited to are based on discretion.
the following: Discretion is the wise use of one's judgment, personal
1. Prevention of Crime experience and common sense to decide a particular situation.
2. Repression of Criminal Activities Apparently, the police exercise of discretion is unregulated as U.S.
3. Preservation and Peace and Order Chief Justice Warren and Burger put it –
4. Protection of Peace and Order
5. Enforcement of Laws and Ordinance and Regulation of "No law book, no judge, no lawyer can readily tell how the
Non – Criminal Conduct policeman on beat should appropriately and courteously
6. Apprehension of Criminals exercise the same in this various day to day activities,
7. Prompt Execution of the Criminal Processes of the Court whatever they do, it is their own responsibility."
8. Coordination and Cooperation with other Law Enforcement
Agencies Abuse of discretion resulting to injury to persons or
9. Safeguarding Public Health and Morals damage to property is punishable. So the police must be guided by
some basic concepts such as COMMON SENSE, PERSONAL
1.6. THE POLICE COMMUNITY RELATIONS EXPERIENCE and SOUND JUDGMENT.
 Discretion is all about caution and correct Judgment
A. WHAT IS POLICE COMMUNITY RELATION?  POLICE DISCRETION the choosing of some laws to
It is the sum total of dealings of the police with the people it enforce vigorously and others enforce reluctantly.
serves and whose good will and cooperation it craves for to  INDIVIDUAL DISCRETION involved the choice of the
insure the greatest possible efficiency in public service. alternative action by individual police officer including
taking no action.
B. RELATED DEFINITION OF TERMS:  CONTROL OF DISCRETION every police Chief should
1. Public Relation - The act of bringing about between develop policies and review procedure and to forbid certain
understanding, confidence and acceptance of an individual forms of discretionary practice altogether.
or an organization.
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B. WHY ARE THE POLICE ALLOWED TO USE DISCRETION? (RA) No. 157 repealed CA 181 and converted it into the Bureau of
The police are the decision maker and most of their decision Investigation. The functions of the NBI were expanded and the
involved discretion. They use their own judgments and personal powers of its investigating staff increased. Later, Executive Order No.
experience in deciding when to act and how to act when 94 issued on October 4, 1947, renamed it to the presently known
confronted with the specific situation. National Bureau of Investigation.
On June 20, 1959, Republic Act No. 2389 increased the number
C. FACTORS WHICH SUBJECTS THE POLICEMEN TO of NBI agents and their salaries. Appointments of personnel for
PRESSURE AND WHICH MAY IN SOME WAYS REGULATE general investigation were, as far as practicable, graduates of
POLICE DISCRETION recognized law schools or colleges or members of the bar and those
1. The legal political structure of the police organization; and with at least ten (10) years experience and training in other law
2. The vocal and angry groups of the community. enforcement organizations.
Subsequently, Republic Act No. 2678 (1960) expanded and
D. PROBLEMS ARISING FROM UNREGULATED DISCRETION reorganized the NBI and established additional divisions and regional
1. It lacks uniformity for implementation offices. Appointments to positions in the Investigation Division were
2. It may be discriminatory now limited to the members of the bar and/or certified public
3. It foster police corruption in victimless crimes accountants who must pass the competitive mental and physical
4. It converts the law into a personal instrument of social examination and after sufficient training to be given by the NBI.
control through the so-called "sidewalk justice." To carry out the police activities of the NBI, a Peace and Order
Special Account in the general fund was created by Republic Act No.
"DAMMED IF THEY SHOOT, DEAD IF THEY DON"T" 6141 (1970). The amount of One Million Pesos (Php1,000,000.00)
If they shoot, they are dammed by the public for was earmarked for the setting up of a modern central records filing
police brutality and charged for violation of human rights. But if system.
they hesitate, even for a single second, they are dead. In order to dissuade competent lawyers in the Ministry of Justice
from accepting attractive offers from the private sector, Presidential
Decree (PD) No. 1726 was promulgated by President Ferdinand E.
B. THE NATIONAL BUREUA OF INVESTIGATION (NBI) Marcos on September 26, 1981, adopting an integrated scheme for
The National Bureau of Investigation (NBI) had its origin in the judicial and legal positions in the National Government which
Division of Investigation (DI) of the Department of Justice. included the NBI lawyers in the Investigation Division and its Director
Its formation was included in the provision of Commonwealth and Deputy Directors. However, the salary scale of the lawyer
Act. No. 181, dated November 1938. Responsible for the positions in the Legal Division of the NBI was not implemented in
conceptualization ad creation of the division were the late President accordance with the mandate of PD 1726. Thus, Executive Order No.
Manuel Luis Quezon, the late chief Justice Jose Abad Santos and 942 dated March 13, 1984 implemented the new salary scale of NBI
the late Secretary of Justice Jose Yulo. It was patterned after the lawyers and gave authority to its Director to reorganize his legal and
FBI, its organization, function. It was originated towards providing administrative staff.
needed assistance to other law enforcement agencies. On June 19, President Corazon C. Aquino issued Executive Order (EO) No.
1947 Republic Act. No. 157 created the National Bureau of 292 dated July 25, 1987 otherwise known as the Administrative Code
Investigation. of 1987. Under sections 11-13, Chapter 4, the Code mandated that
Republic Act No. 2678, dated 1960, expanded further and the NBI with all its duly authorized constituent units including regional
recognized the NBI increasing its personnel and creating additional and district offices and rehabilitation center to continue to perform the
divisions and by establishing Regional Officers. It also established powers and functions vested in it under existing law and such
the NBI as both an Investigation and a research and service agency. additional functions as may be hereby provided by law (Sec. 11).

1.1. HISTORICAL BACKGROUND 1.2. MANDATE AND FUNCTIONS

The NBI was created in 1936 with the enactment of The mandate of the NBI is the establishment and
Commonwealth Act (CA) No. 181 as a Division of Investigation (DI) maintenance of a modern, effective and investigative service
under the Department of Justice. Patterned after the U.S. Federal and research agency for the purpose of implementing fully
Bureau of Investigation, Thomas Dugan, a N.Y. Police Captain and principal functions provided under Republic Act No. 157, as
Flaviano C. Guerrero, the only Filipino member of the Federal amended. In particular the NBI performs the following functions:
Bureau of Investigation, were tasked to organize the division. Its 1. Undertake investigations of crime and other offenses
mandate was to serve warrants and subpoenas issued; to make against the laws of the Philippines, upon its own initiative
searches and seizures under legal warrants for violations of the laws and as public interest may require;
of the Philippines; and to make arrests without warrants for a crime 2. Render assistance, whenever properly requested in the
committed in their presence or within their view (Sec. 3). investigation or defection of crimes and other offenses;
During the Japanese occupation, the DI was affiliated with the 3. Act as a national clearinghouse of crimes and other
Bureau of Internal Revenue and the Philippine Constabulary. During information for the benefit and use of all prosecuting and
the post-liberation period, all available DI agents were recruited by law enforcement entities of the Philippines, identification of
the U.S. Army CIC as investigators. On June 19, 1947, Republic Act records of all persons without criminal convictions, records
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of identifying marks, characteristics and ownership of

possession of all firearms as well as of test bullets fired Bureau of An attached agency under the Department
therefrom; Immigration of Justice is tasked to enforce immigration
4. Provide technical aid to all prosecuting and law-enforcing (BOI) laws of the country. It investigates and
officers and entities of the Government as well as the arrest illegal and undocumented aliens,
courts that may request them; foreign fugitives and criminals operating in
5. Extend its services, whenever properly requested in the the country.
investigation of cases of administrative or civil nature in Bureau of Under the department of finance is tasked
which the government is interested; Customs (BOC) to enforce customs and tariff duties in all the
6. Undertake the instruction and training of a representative Philippine airports and seaport nationwide.
member of city and municipal peace officers at the request It investigates and arrest smugglers and
of their respective superiors along effective crime those suspected violating custom laws.
investigation and detection in order to ensure greater Bureau Enforce tax law regulations. It investigates
efficiency in the discharge of their duties; of Internal tax evasion cases and arrest of similar
7. Establish and maintain an up-to-date scientific crime Revenue (BIR) violators.
laboratory and to conduct researches in furtherance of Bureau of Food Enforces and regulates manufacture of food
scientific knowledge in criminal investigation; and and Drugs and drugs. It investigates and arrest
8. Perform such other related functions as the Secretary of (BFAD) under unscrupulous manufacturers and makers of
Justice may assign from time to time (RA 157 [1947], sec. DOH substandard foods and drugs without
1). license or permit.
In addition, Executive Order No. 94, series of 1947, transferred Bureau of An attached agency under the DOH. it is
to the NBI the functions of the Anti-Usury Board. Quarantine (BQ) empower to enforce measures to stop,
Under Letter of Implementation No. 20, dated August 18, 1972, control and monitor the spread of disease
the NBI is responsible for the efficient detection and investigation of by conducting quarantine on all air and
crimes and other offenses against the laws of the Philippines, upon seaport across the country.
its own initiative and as public interest may require, rendering Land Under Department of Transportation and
assistance, whenever properly requested in the investigation or Transportation communication (DOTC), It regulates land
detection of crimes and other offenses, and coordinating with other Office (LTO) transportation industry and enforces land
national and local police agencies in the maintenance of peace and transportation laws and regulations.
order. Later on, a Letter of Instructions was issued on 18 August Investigates arrest and prosecutes
1976 strengthening the administrative capacity for regional “colorum” or out of the line vehicles.
operations of all bureaus, commissions and offices. Maritime Regulates the maritime and shipping
Likewise, the Criminal Investigation Service and the NBI industry industry. It oversea the sea worthiness of all
became the investigative arm of the Tanodbayan pursuant to LOI Authority sea-going vessel.
784 dated December 20, 1978. (MARINA)
Pursuant to Memorandum Order No. 340 dated 31 January Optical Media Formerly known as video gram and
1991, the NBI was directed by President Corazon C. Aquino to Board (OMB) regulatory board, it operates against the
assume the lead/primary role in the enforcement of Central Bank proliferation of fake and printed VHS, VCD,
rules and regulations on foreign exchange transactions. DVD or CD tapers.
Movie and Operates against pornographic films shown
1.3. High-level Structure and Jurisdiction Television on television and movie houses.
The NBI is a government entity that is civilian in character and Review and
national in scope. It is under the supervision of the Department of Classification
Justice and headed by a Director and supported by an Assistant Board (MTRCB)
Director and six (6) Deputy Directors each heading a major office. A Department of Operates against illegal logging. It
more detailed technical review of the formal structure and internal the Environment investigates and prosecutes violators of
functional configuration of the NBI is contained in the capacity and Natural environmental protection laws.
assessment section of this chapter. Resources
(DENR)
C. OTHER GOVERNMENT LAW ENFORCEMENT AGENCIES IN
Bangko Sentral Regulates banking industry and enforce
THE POLICE PILLAR
ng Pilipinas Banking laws. Investigates arrest and
In the Philippines, the law enforcement function is
(BSP) prosecutes counterfeit currency
spearheaded by the Philippine National Police (PNP), the
manufacturers and passers.
Department of the Interior and Local Government (DILG), and the
Intellectual Under the department of trade and industry.
National Bureau of Investigation (NBI) under the Department of
Property Office Its mission is to enforce all laws pertaining
Justice (DOJ). In addition to these government offices, there are
(IPO) to the intellectual property and copy right
other agencies tasked with enforcing special laws. Among these are:
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law and apprehend/prosecutes violators Section 3. Duty of arresting officer. — It shall be the duty of the
thereof. officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without
OTHER LAW ENFORCEMENT AGENCIES: unnecessary delay. (3a)
a. Philippine Drug Enforcement Agency (PDEA)
b. Economic and Intelligence and Investigation Bureau (EIIB) Section 4. Execution of warrant. — The head of the office to
under the Department of Finance whom the warrant of arrest was delivered for execution shall
c. Bureau of Forest Development under the Department of cause the warrant to be executed within ten (10) days from its
Environment and Natural Resources (DENR) receipt. Within ten (10) days after the expiration of the period,
d. Bureau of Fisheries Aquatic Resources BFAR under the officer to whom it was assigned for execution shall make a
Department of Agriculture (DA) report to the judge who issued the warrant. In case of his
e. National Telecommunications Commission (NTC) under failure to execute the warrant, he shall state the reasons
the Department of Transportation and Communications therefore.
(DOTC)
f. Bureau of Product Standards (BPS) under the Department The judge issues warrant of arrest in 2 instances.
of Trade and Industry (DTI) 1. Upon the filling of the information by the prosecutor-in
g. Presidential Anti-Organized Crime Task Force(PAOCTF) - the issuing this kind of warrant the judge does not
formerly PACC personally examine the complainant and the witnesses
h. Air Transportation Office (ATO) he may produce but he merely evaluates personally
i. Philippine Coast Guard (PCG) the report and supporting documents and other
j. Other regulatory bodies with law enforcement functions evidence adduced during the preliminary investigation
and submitted to him by prosecutor .
2. Upon application of peace officer. In this kind of warrant
G. THE RULE ON ARREST AND SEARCH AND SEIZURE the judge must personally examine the applicant and
the witnesses he may produce to find out whether there
1.1. RULE 113 (ARREST) exist6 probable cause otherwise the warrant issued is
null and void.
Section 1. Definition of arrest. — Arrest is the taking of a
person into custody in order that he may be bound to answer Section 5. Arrest without warrant; when lawful. — A peace
for the commission of an offense. officer or a private person may, without a warrant, arrest a
person:
Section 2. Arrest; how made. — An arrest is made by an a) When, in his presence, the person to be arrested has
actual restraint of a person to be arrested, or by his committed, is actually committing, or is attempting to
submission to the custody of the person making the arrest. commit an offense;
No violence or unnecessary force shall be used in b) When an offense has just been committed, and he
making an arrest. The person arrested shall not be subject to a has probable cause to believe based on personal
greater restraint than is necessary for his detention. knowledge of facts or circumstances that the person
to be arrested has committed it; and
Essential requisites of valid warrant of arrest: c) When the person to be arrested is a prisoner who
5. It must be issued upon probable cause. has escaped from a penal establishment or place
6. The probable cause must be determined personally where he is serving final judgment or is temporarily
by a judge after examination under oath or confined while his case is pending, or has escaped
affirmation of the complainant and the witness he while being transferred from one confinement to
may produce. another.
7. The warrant must particularly describe the person to d) If a person lawfully arrested escapes or rescued,
be arrested. e) By the bondsman for the purpose of surrendering the
8. It must be issued in connection with one specific accused
offense. f) Where the accused attempts to leave the country
without permission of the court
A warrant of arrest has no expiry date. It remains In cases falling under paragraph (a) and (b) above,
valid until arrest is effective or the warrant is lifted. the person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
Modes of Arrest: proceeded against in accordance with section 7 of Rule 112.
1. Arrest by virtue of warrant of arrest
2. Arrest without a warrant under exceptional Section 6. Time of making arrest. — An arrest may be made
circumstances as may be provided by statute on any day and at any time of the day or night. (6)
Note : In a citizen’s arrest the person may be arrested and
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searched of his body and of this personal effects or belongings

for dangerous weapon or anything which may be used as a Note: This rule does not cover a private individual making an
proof of the commission of the offense. arrest
An accused who enter his plea of not guilty and
participates in the trial waives the illegality of the arrest . Section 11. Right of officer to break into building or enclosure.
— An officer, in order to make an arrest either by virtue of a
Section 7. Method of arrest by officer by virtue of warrant. — warrant, or without a warrant as provided in section 5, may
When making an arrest by virtue of a warrant, the officer shall break into any building or enclosure where the person to be
inform the person to be arrested of the cause of the arrest and arrested is or is reasonably believed to be, if he is refused
of the fact that a warrant has been issued for his arrest, except admittance thereto, after announcing his authority and
when he flees or forcibly resists before the officer has purpose. (11a)
opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have Requisites before an officer can break into a building or
the warrant in his possession at the time of the arrest but after enclosure to make an arrest.
the arrest, if the person arrested so requires, the warrant shall 1. The person to be arrested is or is reasonably
be shown to him as soon as practicable. (7a) believed to be in the said building
2. That he has announced his authority and purpose for
EXEPTIONS entering therein
1. When he flees; or 3. That he has requested and been denied admittance.
2. Forcibly resist before the officer has opportunity to
inform or Section 12. Right to break out from building or enclosure. —
3. When the giving of such information will imperil his Whenever an officer has entered the building or enclosure in
arrest accordance with the preceding section, he may break out there
from when necessary to liberate himself.
Section 8. Method of arrest by officer without warrant. — When
making an arrest without a warrant, the officer shall inform the Section 13. Arrest after escape or rescue. — If a person
person to be arrested of his authority and the cause of the lawfully arrested escapes or is rescued, any person may
arrest, unless the latter is either engaged in the commission of immediately pursue or retake him without a warrant at any time
an offense, is pursued immediately after its commission, has and in any place within the Philippines.
escaped, flees or forcibly resists before the officer has
opportunity so to inform him, or when the giving of such Section 14. Right of attorney or relative to visit person
information will imperil the arrest. (8a) arrested. — Any member of the Philippine Bar shall, at the
request of the person arrested or of another acting in his
EXEPTIONS behalf, have the right to visit and confer privately with such
1. When the person is engage in the commission of the person in the jail or any other place of custody at any hour of
offense the day or night. Subject to reasonable regulations, a relative
2. Has escape flees of the person arrested can also exercise the same right.
3. Pursued immediately after its commission
4. Forcibly resist before the officer has opportunity to
so inform him 1.2. RULE 126 (SEARCH AND SEIZURE)
5. When giving of such information will imperil the
arrest
Section 1. Search warrant defined. — A search warrant is an
Section 9. Method of arrest by private person. — When order in writing issued in the name of the People of the
making an arrest, a private person shall inform the person to Philippines, signed by a judge and directed to a peace officer,
be arrested of the intention to arrest him and cause of the commanding him to search for personal property described
arrest, unless the latter is either engaged in the commission of therein and bring it before the court. (1)
an offense, is pursued immediately after its commission, or
has escaped, flees, or forcibly resists before the person Section 2. Court where application for search warrant shall be
making the arrest has opportunity to so inform him, or when filed. — An application for search warrant shall be filed with the
the giving of such information will imperil the arrest. (9a) following:
Section 10. Officer may summon assistance. — An officer a) Any court within whose territorial jurisdiction a
making a lawful arrest may orally summon as many persons crime was committed.
as he deems necessary to assist him in effecting the arrest. b) For compelling reasons stated in the
Every person so summoned by an officer shall assist him in application, any court within the judicial region
effecting the arrest when he can render such assistance where the crime was committed if the place of
without detriment to himself. the commission of the crime is known, or any
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court within the judicial region where the Section 10. Validity of search warrant. — A search warrant
warrant shall be enforced. shall be valid for ten (10) days from its date. Thereafter it shall
However, if the criminal action has already been be void.
filed, the application shall only be made in the court where the
criminal action is pending. Section 11. Receipt for the property seized. — The officer
seizing property under the warrant must give a detailed receipt
Section 3. Personal property to be seized. — A search warrant for the same to the lawful occupant of the premises in whose
may be issued for the search and seizure of personal property: presence the search and seizure were made, or in the
(a) Subject of the offense; absence of such occupant, must, in the presence of at least
(b) Stolen or embezzled and other proceeds, or two witnesses of sufficient age and discretion residing in the
fruits of the offense; or same locality, leave a receipt in the place in which he found
(c) Used or intended to be used as the means of the seized property.
committing an offense.
Section 12. Delivery of property and inventory thereof to court ;
Section 4. Requisites for issuing search warrant . — A search return and proceedings thereon. —
warrant shall not issue except upon probable cause in (i) The officer must forthwith deliver the property
connection with one specific offense to be determined seized to the judge who issued the warrant,
personally by the judge after examination under oath or together with a true inventory thereof duly
affirmation of the complainant and the witnesses he may verified under oath.
produce, and particularly describing the place to be searched (j) Ten (10) days after issuance of the search
and the things to be seized which may be anywhere in the warrant, the issuing judge shall ascertain if the
Philippines. return has been made, and if none, shall
summon the person to whom the warrant was
Section 5. Examination of complainant; record. — The judge issued and require him to explain why no return
must, before issuing the warrant, personally examine in the was made. If the return has been made, the
form of searching questions and answers, in writing and under judge shall ascertain whether section 11 of this
oath, the complainant and the witnesses he may produce on Rule has been complained with and shall
facts personally known to them and attach to the record their require that the property seized be delivered to
sworn statements, together with the affidavits submitted. him. The judge shall see to it that subsection (a)
hereof has been complied with.
Section 6. Issuance and form of search warrant. — If the judge (k) The return on the search warrant shall be filed
is satisfied of the existence of facts upon which the application and kept by the custodian of the log book on
is based or that there is probable cause to believe that they search warrants who shall enter therein the date
exist, he shall issue the warrant, which must be substantially in of the return, the result, and other actions of the
the form prescribed by these Rules. judge.
A violation of this section shall constitute contempt of court.
Section 7. Right to break door or window to effect search . —
The officer, if refused admittance to the place of directed Section 13. Search incident to lawful arrest. — A person
search after giving notice of his purpose and authority, may lawfully arrested may be searched for dangerous weapons or
break open any outer or inner door or window of a house or anything which may have been used or constitute proof in the
any part of a house or anything therein to execute the warrant commission of an offense without a search warrant.
or liberate himself or any person lawfully aiding him when
unlawfully detained therein. ALLOWABLE WARRANTLESS SEARCHES AND SEIZURES:
1. Search incident to lawful arrest
Section 8. Search of house, room, or premise to be made in 2. Consented search(waiver of right)
presence of two witnesses. — No search of a house, room, or 3. Search of moving vehicles
any other premise shall be made except in the presence of the 4. Enforcement of customs laws
lawful occupant thereof or any member of his family or in the 5. Checkpoints
absence of the latter, two witnesses of sufficient age and 6. RA requiring inspections or body checks in airports
discretion residing in the same locality. 7. When there are illegal articles open to eye and hand(
plain view)
Section 9. Time of making search. — The warrant must direct 8. Stop-and-frisk situations
that it be served in the day time, unless the affidavit asserts 9. Emergency
that the property is on the person or in the place ordered to be 10. Enforcement of health and sanitary laws
searched, in which case a direction may be inserted that it be
served at any time of the day or night. REQUISITES FOR PLAIN VIEW DOCTRINE
1. valid intrusion
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2. item must be visible – seen without any further SEARCH)

search, e.g. in a transparent bag 1. right exists
3. inadvertent discovery 2. person making the consent knows that he has the
right
PLAIN VIEW DOCTRINE 3. in spite of knowledge of the right he voluntarily and
Supreme Court decisions have established plain intelligently gives consent
view “exception to the warrant requirements.” Objects in the
plain view of an officer who has the right to be in the Search of Moving Vehicles
possession to have that view are subject to seizure and may Vessels and aircrafts may be searched and seized without a
be presented as evidence.(People vs. Leangsiri, G.R. No. warrant because a vessel can be quickly moved out of the
112659, January 1996,252,SCRA 213,67 SCAD 159) Under locality before a warrant could be secured.
this exception, when unanticipated evidence lying in an officer
plain view is discovered during a proper searched for other Validity of Checkpoints
items, the officer may seize the unanticipated Checkpoints are not per se invalid provided that searches
evidence(Coolidge vs. New Hampshire, 403 U.S 3,468 [1971] conducted therein are limited to a mere cursory inspection
[plurality opinion ]; Illinois vs. Andreas, 463 U.S 765, (Valmonte Case)
781[1983];Brennan, J., dissenting).
UNREASONABLE SEARCH AND SEIZURE
LIMITATION ON PLAIN VIEW SEIZURE It is such where it is not authorized by statute, or where the
PLAIN View alone is never enough to justify the warrantless conditions prescribed by the statute have not been met.
seizure of evidence. There must be:
1. Prior justification for intrusion Rules on Reasonableness of Search
2. Inadvertent discovery of the evidence; and What constitutes a reasonable or unreasonable search or
3. Immediate apparent illegality of the evidence before seizure in any particular cases is purely a judicial question.
the police only probable cause and not absolutely
certainty is required. Section 14. Motion to quash a search warrant or to suppress
evidence; where to file. — A motion to quash a search warrant
APPLICATION OF PLAIN VIEW and/or to suppress evidence obtained thereby may be filed in
The court found no reason to subscribe to Solicitor General’s and acted upon only by the court where the action has been
contention to apply the “plain view” doctrine. For the doctrine instituted. If no criminal action has been instituted, the motion
to apply, the following elements must be presented: may be filed in and resolved by the court that issued the
a) A prior valid intrusion based on the valid warrantless search warrant. However, if such court failed to resolve the
arrest in which the police are legally present in the motion and a criminal case is subsequent filed in another
pursuit of official duties. court, the motion shall be resolved by the latter court.
b) The evidence was inadvertently discovered by the
police who have the right to be where they are; and REMEDIES OF PARTY ADVERSELY AFFECTED BY A
c) The evidence must be immediately apparent; and SEARCH WARRANT:
d) Plain view justified mere seizure of evidence without 1. Motion to quash the search warrant with the issuing
further search. (People vs. Bolosa, G.R No. 125754, court; or
December 22, 1999,p. 5, citing People vs. Aruta, 93 2. Motion to suppress evidence with the court trying the
SCAD 387, 288 SCRA 626, 637-638 [1998]) criminal case.

The Stop and Frisk Rule NOTE: These remedies are alternative, hence if a motion to
Where a police officer observes unusual conduct quash is denied, a motion to suppress evidence cannot be
which leads him reasonably to conclude in light of his availed of subsequently
experience that criminal activity may be afoot and that the
persons with whom he is dealing may be armed and presently NOTE: A third option would be to file an action for replevin if
dangerous, where in the course of investigating this behavior the properties seized were lawfully possessed.
he identified himself as a policeman and makes reasonable
inquiries, and nothing in the initial stages of the encounter WHERE TO FILE MOTION TO QUASH WARRANT
serves to dispel his reasonable fear for his own or others 1. May be filed and acted upon ONLY by the court
safety, he is entitled for the protection of himself and others in where the action has been instituted
the area to conduct a carefully limited search of the outer 2. If not criminal action has been instituted, MTQ may
clothing of such persons in an attempt to discover weapons be filed with the court failed to resolve the motion
which might be used to assault him. (Terry vs. Ohio U.S. 1 ) and a criminal action is subsequently filed in another
court, the motion shall be resolved by the latter
REQUISITES FOR VALID WAIVER OF RIGHT (CONSENTED court.
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CHAPTER III
THE PROSECUTION PILLAR
(The Defender)

A. DEFINITION OF TERMS
1. Criminal proceedings – proceeding before the trial from the
period of arraignment to the rendition of judgment.
2. Criminal action – a lawsuit instituted and prosecuted for the
punishment of a crime or offense.
3. Accused or Respondents – person charged with criminal
offense.
4. Private crime – Offense which can be prosecuted only
upon the instance of the offended party.
 Adultery and concubinage (complain can be filed only
by the offended party and only if both guilty parties are
included in complaints)
 Seduction, abduction, and lasciviousness
 Libel and defamation imputing above offense
(complaints can be filed only the offended party)
5. Prosecute - to commence and carry on a criminal action or
lawsuit in the name of the People of the Philippines.
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 To bring suit against for redress of wrong or  FILE THE CORRESPONDING

punishment of crime. INFORMATION OR CRIMINAL
 To seek to enforce or obtain, as a claim or right, by COMPLAINT in the proper court of law
legal process. on the basis of the evaluation of the
 To begin and carry on a legal proceeding. proof (evidence at hand)
*** Latin - prosecutus, pp of prosequi (pro-before +  PROSECUTE - The alleged offender in
sequi-follow). the court of law. That is, if the element
6. Public crimes – All criminal offense except private crimes of the crime alleged to have been
7. Public prosecutors (fiscals) – Government lawyers committed is present. It is the
representing the people of the Philippines who formally prosecutor task of bringing the offender
commence and to the court through criminal
proceedings.
B. OVERVIEW TO THE CONCEPT OF PROSECUTION PILLAR
1.1. What is prosecution? N.B. ATTORNEYS IN PRIVATE PRACTICE should be
 The Former Fiscal are now as prosecution deemed a part of the CJS component (Prosecution). They
 Within the Philippines legal context, prosecution represent the parties (complainant or respondent) in
occupies a unique position in our CJS. Serving as the proceedings before the Public Prosecutors. So also, public
lawyer of the State/government in criminal cases, the defenders such as members of the PAO and other Legal
prosecutor is automatically considered an officer of Aid Lawyers (IBP, CLAO, FLAG MABINI etc.)
the court; at the same time, he is formally a member
of the Department of Justice, under the Executive 1.3. FUNCTIONS OF THE PROSECUTION
branch of the Government, and thus independent from The following are the role of prosecution pillar:
the judiciary. 1. It acts as the lawyer or counsel of the state and
 The Prosecution prosecute the alleged offenders in insures defendants prosecution and eventual
court, in the name of the People of the Philippines. sentencing in court
2. It has the burden of proving the guilt of the accused in
1.2. CHARACTERSTICS OF THE PROSECUTION PILLAR a formal criminal proceeding.
 The prosecution occupies the second of pillars justice. 3. Conducts preliminary investigation to determine
 It is the closest link between the police and the court. probable cause in case or inquest.
It is the prosecutor that will examine the evidence 4. It screens and evaluated the evidence and documents
presented by the police and evaluated for submission in order to decide whether to accept or reject the case
to the court. for prosecution.
 The prosecution service is made up of Provincial and 5. To entered plea bargaining with the defense lawyer
City Public Prosecutors under the National before an accused is arraigned.
Prosecution Service (NPS). They perform to types of
prosecutorial powers; investigatory and prosecutory C. AGENCIES AND OFFICES COMPRISING THE PHILIPPINE
such as they: CJS “ PROSECUTION”
1. National Prosecution service (NPS-DOJ)
INVESTIGATORY POWER 2. Office of the Special Prosecutor (OSP)
 Evaluate the police findings referred to them, or 3. Office of the Ombudsman
other complaints filed directly with them by 4. Judge Advocate General’s Office (JAGO)
individual persons (e.g. government officers in
charge of enforcement of law violated). D. THE PUBLIC ATTORNEY’S OFFICE (PAO)
 EVALUATE, screen and review the police THE DEFENDER
investigation report referred to them or other The 1987 Philippine Constitution states in part, “in all
complaint filed directly with them by individual criminal prosecution, the accused shall enjoy the rights to have
persons (e.g. private citizens who are victims or assistance of counsel.” Everyone rich or poor, is entitled to be
have personal knowledge of crime, government defended by a Public Defense attorney when charges are
officers in charge with the enforcement of the law brought against him or her, that is, if the individual cannot afford
violated.) to pay or hire a private defense counsel, the states must provide
one free of charge.
PROSECUTORY POWER As soon as a person is arrested he or she needs a defense
 File corresponding INFORMATION OR attorney. If such a need does not immediately come to mind, the
CRIMINAL COMPLAINTS in the proper courts on police routinely remind the suspect that, “you have the right to
the basis of their evaluation of the proofs at hand. Attorney.” And, the role of the defense attorney begins almost
as soon as the arrest occurs, for the accused needs the
assistance of counsel to make sure that the interrogation and
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other pretrial procedures are conducted in a constitutional disputes involved ICCs/Ps, customary laws and practices
manner. The defense counsel may even conduct his own shall be used to resolve the dispute.
investigation independently to assert the defense of the
accused. Criminal Action – it is an action by which a state prosecutes
a person for an act or omission punishable by law.
1.1. Function - To provide free legal assistance and
services to indigent members of society. FORM OF COMPLAINT OR INFORMATION
1. In writing
1.2. Objectives - Humanitarian and democratization of 2. In the name of the People of the Philippines: and
justice. 3. Against all persons who appear to be responsible
for the offense involved.
1.3. Activities
1.2.1. to render legal assistance, advice and counseling Distinguish Information from Complaint
to indigents; Complaint Information
1.2.2. to render legal documentation services to Subscribed by the Subscribed by the
indigents; offended party, any peace prosecutor. It does not
1.2.3. to extend mediation services to indigents; officer or other officer in have to be subscribed by
1.2.4. to represent indigents or immediate members of charged with the the offended party or any
their families in all civil and criminal cases, including enforcement of the law peace officer or other
administrative and labor cases; and violated. peace officer charged
1.2.5. to assist or represent indigents detention with the enforcement of
prisoners upon request. the law
Filed either in the MTC or Filed in court
with the provincial/city
prosecutors office
E. RULE 110 - PROSECUTION OF OFFENSE Must be under oath Need not be under oath
The prosecution of offense is the primary function of the Information not properly signed cannot be cured
prosecution pillar. by silence, acquiescence or even by express
consent. (Villa vs. Ibanez, 88 Phil. 402[1951]
Section 1. Institution of criminal Notes and Cases:
actions.– Criminal actions shall be Criminal actions must be commenced in the
instituted as follows: name of the People of the Philippines. – but the defect is
(a) For offenses where a preliminary investigation is merely of form and curable at any stage of the trial. (Ngo
required pursuant to section 1 of Rule 112, by Yao Tit vs. Sheriff of Manila, 27 Phil. 378 )
filing the complaint with the proper officer for the  
purpose of conducting the requisite preliminary     Section 3. Complaint defined. – A complaint is a sworn
investigation. written statement charging a person with an offense,
(b) For all other offenses, by filing the complaint or subscribed by the offended party, any peace officer, or
information directly with the Municipal Trial other public officer charged with the enforcement of the law
Courts and Municipal Circuit Trial Courts, or the violated.
complaint with the office of the prosecutor. In Requisites of Complaint
Manila and other chartered cities, the complaints 1. It must be in writing under oath
shall be filed with the office of the prosecutor 2. It must be in the name of the people of the
unless otherwise provided in their charters. Philippines
The institution of the criminal action shall interrupt the 3. It must be subscribed by the offended party,
running of the period of prescription of the offense charged by any peace officer or public officer
unless otherwise provided in special laws. charged with the enforcement of the law
violated
However, under R.A. No. 8371(An act to recognize and Persons who can file a complaint:
protect the rights of indigenous cultural 1. offended party
communities/indigenous peoples, Etc. Approved Oct. 29, 2. any peace officer
1997), the ICCs/Ps shall have the right to use their own 3. other public officer charged with the
commonly accepted justice systems, conflict resolution enforcement of the law violated
institutions, peace building processor mechanisms and
other customary laws and practices within their respective Section 4. Information defined. – An
communities and as may compatible with the legal system information is an accusation in
and with internationally recognized human rights. When
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writing charging a person with an criminal action in her behalf

offense, subscribed by the
prosecutor and filed with the court. The offended party, even if a minor, has the right to initiate
the prosecution of the offenses of seduction, abduction and
Requisites of information acts of lasciviousness independently of her parents,
1. It must be in writing grandparents, or guardian, unless she is incompetent or
2. It must charge a person with an offense, incapable of doing so. Where the offended party, who is a
3. It must subscribed by the prosecutor and minor, fails to file the complaint, her parents, grandparents,
4. It must be filed with the court. or guardian may file the same. The right to file the action
Persons authorized to file an information granted to parents, grandparents, or guardian shall be
1. City or provincial prosecutor and their assistants exclusive of all other persons and shall be exercised
2. Duly appointed special prosecutors successively in the order herein provided, except as stated
in the preceding paragraph.
Section 5. Who must prosecute criminal actions? – All
criminal actions commenced by a complaint or information No criminal action for defamation which consists in the
shall be prosecuted under the direction and control of the imputation of any of the offenses mentioned above shall be
prosecutor. However, in Municipal Trial Courts or Municipal brought except at the instance of and upon complaint filed
Circuit Trial Courts when the prosecutor assigned thereto by the offended party.
or to the case is not available, the offended party, any The prosecution for violation of special laws shall be
peace officer, or public officer charged with the governed by the provision thereof.
enforcement of the law violated may prosecute the case.
This authority shall cease upon actual intervention of the Full discretion of the prosecutor
prosecutor or upon elevation of the case to the Regional All criminal actions commenced by complaint of
Trial Court.(Read A.M. NO. 02-2-07-SC [Effective May 01, information shall be prosecuted under the direction and
2002] Latest Amendments to Section 5, Rule 110 of the control of the prosecutor.
Revised Rules of Criminal Procedure which provides:  The institution of criminal action depends upon
"Section 5. Who must prosecute criminal action. - All the sound discretion of the prosecutor. But once the case is
criminal actions either commenced by complaint or by already filed in court, the same can no longer be withdrawn
information shall be prosecuted under the direction and or dismissed without the tribunal’s approval. Should the
control of a public prosecutor. In case of heavy work prosecutor find it proper to conduct a reinvestigation of the
schedule of the public prosecutor or in the event of lack of case at such stage the permission of the court must be
public prosecutors, the private prosecutor may be secured. ( Crespo vs Mogul )
authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecutor to prosecute the case Section 6. Sufficiency of complaint or information. – A
subject to the approval of the court. Once so authorized to complaint or information is sufficient if it states the name of
prosecute the criminal action, the private prosecutor shall the accused; the designation of the offense given by the
continue to prosecute the case up to end of the trial even in statute; the acts or omissions complained of as constituting
the absence of a public prosecutor, unless the authority is the offense; the name of the offended party; the
revoked or otherwise withdrawn.  x x x ."). approximate date of the commission of the offense; and the
place where the offense was committed.
The crimes of adultery and concubine shall not be When an offense is committed by more than one person,
prosecuted except upon a complaint filed by the offended all of them shall be included in the complaint or information.
spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both are A complaint or information is sufficient if it states
alive, or, in any case, if the offended party has consented 1. The name of the accused
to the offense or pardoned the offenders. 2. The designation of the offense given by the
statute;
The offenses of seduction, abduction and acts of 3. The acts or omissions complained of as
lasciviousness shall not be prosecuted upon a complaint constituting the offense;
filed by the offended party of her parents, grandparents or 4. The name of the offended party;
guardian, nor, in any case, if the offender has been 5. The approximate date of the commission of
expressly pardoned by any of them. the offense;
6. The place where the offense was
If the offended party dies or becomes incapacitated before committed.
she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the Notes and Cases:
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Time of the offense in the former rule was  The prosecution, therefore, should not go forward unless
change to DATE of the offense. sufficient evidence exits against the accused to promise a
conviction, and thus justify the government expense and the
F. USE OF THE PROSECUTOR'S DISCRETION defendant's distress.
1.1. THE MOST IMPORTANT FACTOR THAT INFLUENCE  A prosecuting attorney, by the nature of his office, is under no
THE DECISION OF THE PROSECUTOR TO FILE THE compulsion to file a particular CRIMINAL INFORMATION
CASE. where he is not convinced that he has evidence to back up its
1. The legal strength of the case averments or that the evidence at hand points to a different
2. The suspected is the fact guilty The prosecutor in deciding whether to prosecute, is
3. The willingness of the witnesses to testify responsible for evaluating the evidence the police have
4. The likelihood that the prosecutor can legally proved gathered and deciding whether it is sufficient to warrant filing
the defendants guilty. charges against the alleged violator. If otherwise, he does not
 If the prosecutor is convinced that the documents accept the case, and orders the release of a suspect.
submitted by the police merits prosecution, based on  On the other hand, if the prosecutor decides to accept the case,
probable cause, a preliminary investigation shall be he issues a complaint/information upon which the suspect is
conducted. arraigned before a judge.
 Thus, this is known as SELECTIVE PROSECUTION because
1.2. THE PROSECUTOR AND THE POLICE the prosecutor does not only have the option to select but more
1. Prosecutorial discretion typically enters the picture so influenced by the following favorable legal factors to attain
immediately after the arrest, when the police conviction:
investigative reports are forwarded to the prosecutor
for review. a) The legal strength of the case
2. The prosecutor screens and evaluates the b) The willingness of witnesses to testify
document in order to decide whether to accept or c) The likelihood that the prosecutor can legally prove the
reject the case for prosecution. defendant's guilt
3. The action of the prosecution is dependent upon the d) Defendant's initial appearance, the prosecutor may
police initiatory action, whereby the criminal justice subsequently decide to drop all charges, discontinue
system relies on the: prosecution and seek dismissal under the following
a) Certainty of the arrest by the police. circumstances:
b) Certainty of conviction by an effective  When the prosecutor becomes aware of the factors
prosecution. that make prosecution inadvisable.
c) Certainty of appropriate sentencing by the court.  When the prosecutor has not had the opportunity or
1.3. PROSECUTORS DISCRETION mechanism for screening cases prior to the
There are, of course, many legitimate reasons for a arraignment. This can be possible though nolle
prosecutor's failure to prosecute: proseque.
a) Where the alleged criminal act may be the result of
some quarrel between neighbors and all parties are G. NOLLE AND PLEA BARGAINING
equally at fault;
b) Where the alleged criminal act may be the result of 1.1. NOLLE
some minor domestic dispute; NOLLE is a request by the prosecutor to the judge for
c) Where an overzealous creditor may be attempting approval to terminate further criminal prosecution against a
to pervert the criminal process for the purpose of suspect.
collecting a civil debt.
Prosecutors, indeed, use their discretion in a variety of 1.2. CHARACTERISTICS OF NOLLE
ways when they decide whether to bring formal charges 2. The request is mere formality that the judge routinely
against individuals suspected of crimes. grants without question.
3. Originally, the prosecutor is not even required to give
1.3. SOME USE THIS DISRECTION TO: reasons for wanting to NOLLE a case has the charge
1. Screen suspects out of the criminal justice system; suspended for a period of 12 months.
2. Bargain for information and guilty pleas; and 4. The suspension of legal action is intended to have a
3. Prosecute some defendants fully. deterrent effect on the offender if the suspect gets into
trouble during the period.
In the day-to-day decision-making process, prosecutors make 5. At the end of 12 months, the nolle status expires and
their decisions relatively free of control, although they may be automatically becomes a full dismissal of the crime charge.
influenced by the desires and opinions of the public, the police, and
other government officials. E. OBJECTIVELY, THE NOLLE IS PRIMARILY USED TO:
 Reduce case overload
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 Reduce backlog ( an accumulation of unfinished work) respondent is probably guilty thereof, and should be held for
 Reduce delays in bringing defendants to trial trial.
Except as provided in Section 7 of this Rule, a preliminary
F. PLEA BARGAINING investigation is required to be conducted before the filing of a
1. Is the typically an informal, off the record process complaint or information for an offense where the penalty
controlled by the prosecutor and defense counsel, prescribed by law is at least four (4) years, two (2) months and
without participation of the court, or the accused. one (1) day without regard to the fine.
2. There are no formal rules to guide the lawyers in
arriving at plea bargaining that is mutually satisfactory, Purposes:
fair to the defendant, acceptable to the court, and in 1. To determine whether has been committed and
the best interest of the public. whether there is no probable cause to believe that
3. Plea bargaining is held almost random. Whenever and the accused is guilty thereof.
wherever opposing counsels happen to talk to each 3. To preserve evidence and keep the witnesses within
other. the control of the State.
4. Neither lawyer has much knowledge of the legal 4. To determine the amount of bail, if the offense is
strengths of the other’s case. Hence both have to bailable
bargain in the dark.
5. Plea bargaining is characteristically invincible, without Remedies in case the investigating fiscal or prosecutor
procedural regularity, needlessly, prolonged, unjustifiably refuses to file information despite the existence of
inefficient and unjust. strong evidence:
6. No record is made of the concessions or promises 1. File a motion for reconsideration
made by the prosecutors, the conditions that may 2. File a criminal case against the fiscal
have been attached to the government’s offer, the 3. File administrative case
defendants acceptance of the deal or the court’s 4. Hold the prosecutor civilly liable
willingness to abide the prosecutor. 5. File an appeal to DOJ
7. The plea bargain is negotiated without the post 6. File an action for mandamus to compel the
sentence reports by the probation officers that are prosecutor or fiscal to file the information.
essential to inform sentencing and the protection of
society. Probable Cause: Object Of Preliminary Investigation
8. Hence the plea bargaining can be define as the Probable cause is the existence of such facts
process of discussion or negotiation between the circumstances as would exile the beliefs, in a reasonable
defense counsel and prosecutor, aimed at reaching an mind, acting on facts within the knowledge of the prosecutor,
agreement whereby the prosecutor uses discretion to that a person charge was the guilty of crime he was
obtain from the judge a lighter sentence in exchange prosecuted.
for the defendant’s entering a guilty plea.
Remedies of the accused if there was no preliminary
G. PLEA-BARGAINING PROCESS investigation:
 Conceptually, the process of plea-bargaining is entered 1. Refuse to enter a plea upon arraignment and object
into between the prosecutor and the defense lawyer before to further proceedings upon such ground
an accused is arraigned. 2. Insist on a preliminary investigation
3. Raise lack of preliminary investigation as error on
Arraignment – is the legal mechanism whereby an accused appeal
is brought before the court wherein the complaint/charge against him 4. File a petition for certiorari
is read by the clerk of court in the presence of his lawyer the 5. File for petition for prohibition
prosecutor in which the accused is to announce his plea.
Note: this rule has been partially amended by AM 05-0-8-26-
H. PROSECUTION’S ORGANIZATIONAL CHART SC. The amendment took effect on October 3, 2005. The
See Appendices. amendment removed the conduct of preliminary investigation
from the judges of the first level courts.
I. RULE 112 - PRELIMINARY INVESTIGATION AND INQUEST
PROCEEDING Section 2. Officers authorized to
conduct preliminary investigations. –
Section 1. Preliminary investigation defined; when required. – The following may conduct preliminary
Preliminary investigation is an inquiry or proceeding to investigations:
determine whether there is sufficient ground to engender a (a) Provincial or City Prosecutors and their assistants;
well-founded belief that a crime has been committed and the (b) National and Regional State Prosecutors; and

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(c) Other officers as may be authorized by law. Their to and certified as provided in paragraph (a) of this
authority to conduct preliminary investigations shall section, with copies thereof furnished by him to the
include all crimes cognizable by the proper court in complainant. The respondent shall not be allowed to
their respective territorial jurisdictions. file a motion to dismiss in lieu of a counter-affidavit.
(f) If the respondent cannot be subpoenaed, or if
ELECTION OFFENSES: subpoenaed, does not submit counter-affidavits
The exclusive jurisdiction of the COMELEC to investigate and within the ten (10) day period, the investigating office
prosecute election offenses inheres even if the offender is a shall resolve the complaint based on the evidence
private individual or public officer or employee presented by the complainant.
(g) The investigating officer may set a hearing if there
THE OMBUDSMAN: are facts and issues to be clarified from a party or a
The power of the ombudsman to make investigation extends to witness. The parties can be present at the hearing
any legal act if any public official whether or not the same is but without the right to examine or cross-examine.
committed in relation to his office They may, however, submit to the investigating
officer questions which may be asked to the party or
Section 3. Procedure.– The preliminary witness concerned.
investigation shall be conducted in The hearing shall be held within ten (10) days from
the following manner: submission of the counter-affidavits and other
(c) The complaint shall state the address of the documents or from the expiration of the period for
respondent and shall be accompanied by the their submission. It shall be terminated within five (5)
affidavits of the complainant and his witnesses, as days.
well as other supporting documents to establish (h) Within ten (10) days after the investigation, the
probable cause. They shall be in such number of investigating officer shall determine whether or not
copies as there are respondents, plus two (2) copies there is sufficient ground to hold the respondent for
for the official file. The affidavits shall be subscribed trial.
and sworn to before any prosecutor or government
official authorized to administer oath, or, in their Rights of the respondent in a preliminary investigation:
absence or unavailability, before a notary public, 1. To submit counter-affidavit
each of whom must certify that he personally 2. To examine the evidence submitted by the
examined the affiants and that he is satisfied that complainant
they voluntarily executed and understood their 3. To be present in the clarificatory hearing
affidavits.
(d) Within ten (10) days after the filing of the complaint, What is Inquest?
the investigating officer shall either dismiss it if he Is an informal and summary investigation conducted
finds no ground to continue with the investigation, or by a public prosecutor in criminal cases involving persons
issue a subpoena to the respondent attaching to it a arrested and detained without the benefit of warrant of
copy of the complaint and its supporting affidavits arrest issued by the court for the purposed determining
and documents. whether or not said person should remain under and
The respondent shall have the right to examine the correspondingly be charged in court.
evidence submitted by the complainant which he
may not have been furnished and to copy them at his Commencement of Inquest
expense. If the evidence is voluminous, the Upon receipt by the inquest from the law
complainant may be required to specify those which enforcement authorities of the complaints/referral
he intends to present against the respondent, and documents includes:
these shall be made available for examination or 1. Affidavit of arrest
copying by the respondent at his expense. 2. The investigation report
Objects as evidence need not be furnished a party 3. The statements of the complaints and
but shall be made available for examination, copying, witnesses.
or photographing at the expense of the requesting 4. Other supporting evidence gathered by the
party. police in the course of the latter’s investigation
(e) Within ten (10) days from receipt of the subpoena of the criminal incidents involving the
with the complaint and supporting affidavits and arrested or detained person.
documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other Termination of Inquest – the inquest proceeding must be
supporting documents relied upon for his defense. terminated within the period prescribed under the
The counter-affidavits shall be subscribed and sworn provisions of art. 125 of the RPC, as amended.

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1. hours for light offense – 12 hours deputy in cases of offenses cognizable by the Sandiganbayan
2. hours for less grave offense – 18 hours in the exercise of its original jurisdiction, for appropriate action.
3. hours for grave offense – 36 hours The resolution shall state the findings of facts and the law
supporting his action, together with the record of the case
    Section 4. Resolution of investigating prosecutor and its which shall include: (a) the warrant, if the arrest is by virtue of
review. – If the investigating prosecutor finds cause to hold the a warrant; (b) the affidavits, counter-affidavits and other
respondent for trial, he shall prepare the resolution and supporting evidence of the parties; (c) the undertaking or bail
information. He shall certify under oath in the information that of the accused and the order for his release; (d) the transcripts
he, or as shown by the record, an authorized officer, has of the proceedings during the preliminary investigation; and (e)
personally examined the complainant and his witnesses; that the order of cancellation of his bail bond, if the resolution is for
there is reasonable ground to believe that a crime has been the dismissal of the complaint.
committed and that the accused is probably guilty thereof; that Within thirty (30) days from receipt of the records, the
the accused was informed of the complaint and of the provincial or city prosecutor, or the Ombudsman or his deputy,
evidence submitted against him; and that he was given an as the case may be, shall review the resolution of the
opportunity to submit controverting evidence. Otherwise, he investigating judge on the existence of probable cause. Their
shall recommend the dismissal of the complaint. ruling shall expressly and clearly state the facts and the law on
Within five (5) days from his resolution, he shall forward the which it is based and the parties shall be furnished with copies
record of the case to the provincial or city prosecutor or chief thereof. They shall order the release of an accused who is
state prosecutor, or to the Ombudsman or his deputy in cases detained if no probable cause is found against him.
of offenses cognizable by the Sandiganbayan in the exercise
of its original jurisdiction. They shall act on the resolution within Section 6. When warrant of arrest may
ten (10) days from their receipt thereof and shall immediately issue. – (a) By the Regional Trial
inform the parties of such action. Court. – Within ten (10) days from the
No complaint or information may be filed or dismissed by an filing of the complaint or
investigating prosecutor without the prior written authority or information, the judge shall
approval of the provincial or city prosecutor or chief state personally evaluate the resolution of
prosecutor or the Ombudsman or his deputy. the prosecutor and its supporting
Where the investigating prosecutor recommends the dismissal evidence. He may immediately dismiss
of the complaint but his recommendation is disapproved by the the case if the evidence on record
provincial or city prosecutor or chief state prosecutor or the clearly fails to establish probable
Ombudsman or his deputy on the ground that a probable cause. If he finds probable cause, he
cause exists, the latter may, by himself, file the information shall issue a warrant of arrest, or a
against the respondent, or direct another assistant prosecutor commitment order if the accused has
or state prosecutor to do so without conducting another already been arrested pursuant to a
preliminary investigation. warrant issued by the judge who
If upon petition by a proper party conducted the preliminary
under such rules as the Department of investigation or when the complaint or
Justice may prescribe or motu propio, information was filed pursuant to
the Secretary of Justice reverses or section 7 of this Rule. In case of
modifies the resolution of the doubt on the existence of probable
provincial or city prosecutor or chief cause, the judge may order the
state prosecutor, he shall direct the prosecutor to present additional
prosecutor concerned either to file evidence within five (5) days from
the corresponding information without notice and the issue must be resolved
conducting anther preliminary by the court within thirty (30) days
investigation, or to dismiss or move from the filing of the complaint of
for dismissal of the complaint or information.
information with notice to the (b) By the Municipal Trial Court. –
parties. The same rule shall apply in When required pursuant to the second
preliminary investigations conducted paragraph of section of this Rule, the
by the officers of the Office of the preliminary investigation of cases
Ombudsman. falling under the original
jurisdiction of the Metropolitan Trial
    Section 5. Resolution of investigating judge and its review. Court, Municipal Trial Court in
– Within ten (10) days after the preliminary investigation, the Cities, Municipal Trial Court, or
investigating judge shall transmit the resolution of the case to Municipal Circuit Trial Court may be
the provincial or city prosecutor, or to the Ombudsman or his conducted by either the judge or the
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prosecutor. When conducted by the GENERAL RULE

prosecutor, the procedure for the No complaint or information shall be filed of an
issuance of a warrant of arrest by the offense which is penalized by imprisonment of not less than
judge shall be governed by paragraph four years two months and one day without PI
(a) of this section. When the
investigation is conducted by the Section 8. Records. – (a) Records supporting the information
judge himself, he shall follow the or complaint. – An information or complaint filed in court shall
procedure provided in section 3 of be supported by the affidavits and counter-affidavits of the
this Rule. If his findings and parties and their witnesses, together with the other supporting
recommendations are affirmed by the evidence and the resolution on the case. (b) Record of
provincial or city prosecutor, or by preliminary investigation. – The record of the preliminary
the Ombudsman or his deputy, and the investigation, whether conducted by a judge or a prosecutor,
corresponding information is filed, he
shall not form part of the record of the case. However, the
shall issue a warrant of arrest.
court, on its own initiative or on motion of any party, may order
However, without waiting for the
the production of the record or any of its part when necessary
conclusion of the investigation, the
in the resolution of the case or any incident therein, or when it
judge may issue a warrant of arrest if
is to be introduced as an evidence in the case by the
he finds after an examination in
requesting party.
writing and under oath of the
complainant and his witnesses in the
form of searching questions and Section 9. Cases not requiring a
answers, that a probable cause exists preliminary investigation nor covered
and that there is a necessity of by the Rule on Summary Procedure. –
placing the respondent under immediate (a) If filed with the prosecutor. – If
custody in order not to frustrate the the complaint is filed directly with
ends of justice. the prosecutor involving an offense
(c) When warrant of arrest not necessary. – A warrant of arrest punishable by imprisonment of less
than four (4) years, two (2) months
shall not issue if the accused is already under detention
and one (1) day, the procedure
pursuant to a warrant issued by the municipal trial court in
outlined in section 3(a) of this Rule
accordance with paragraph (b) of this section, or if the
shall be observed. The prosecutor
complaint or information was filed pursuant to section 7 of this
shall act on the complaint based on
Rule or is for an offense penalized by fine only. The court shall
the affidavits and other supporting
them proceed in the exercise of its original jurisdiction.
documents submitted by the complainant
 
within ten (10) days from its filing.
    Section 7. When accused lawfully arrested without warrant.
(b) If filed with the Municipal Trial
– When a person is lawfully arrested without a warrant Court. – If the complaint or
involving an offense which requires a preliminary investigation, information is filed with the
the complaint or information may be filed by a prosecutor Municipal Trial Court or Municipal
without need of such investigation provided an inquest has Circuit Trial Court for an offense
been conducted in accordance with existing rules. In the covered by this section, the procedure
absence or unavailability of an inquest prosecutor, the in section 3 (a) of this Rule shall be
complaint may be filed by the offended party or a peace officer observed. If within ten (10) days
directly with the proper court on the basis of the affidavit of the after the filing of the complaint or
offended party or arresting officer or person. information, the judge finds no
Before the complaint or information is filed, the person probable cause after personally
arrested may ask for a preliminary investigation in accordance evaluating the evidence, or after
with this Rule, but he must sign a waiver of the provision of personally examining in writing and
Article 125 of the Revised Penal Code, as amended, in the under oath the complainant and his
presence of his counsel. Notwithstanding the waiver, he may witnesses in the form of searching
apply for bail and the investigation must be terminated within questions and answers, he shall
fifteen (15) days from its inception. dismiss the same. He may, however,
After the filing of the complaint or information in court without a require the submission of additional
preliminary investigation, the accused may, within five (5) days evidence, within ten (10) days from
from the time he learns of its filing, ask for a preliminary notice, to determine further the
investigation with the same right to adduce evidence in his existence of probable cause. If the
defense as provided in this Rule. judge still finds no probable cause
despite the additional evidence, he
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shall, within ten (10) days from its

submission or expiration of said
period, dismiss the case. When he
finds probable cause, he shall issue a
warrant of arrest, or a commitment
order if the accused had already been
arrested, and hold him for trial.
However, if the judge is satisfied
that there is no necessity for placing
the accused under custody, he may
issue summons instead of a warrant of
arrest.

CHAPTER IV
THE COURT PILLAR
(The Final Arbiter of Justice)

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A. THE NATURE OF COURT Ancient Court of Israel during Biblical times was called
It is situated between the Prosecution and Correction. The “COURT AT THE GATE”.
court is the centerpiece of the five pillars, as such; it performs In Greece, punishment for homicide by imposing death for
perhaps the most important role in the administration of justice intentional homicide or unintentional, was expulsion from one’s
because it is the court that everyone turns to for justice. It is hometown.
impossible for applying the criminal law against the defendants Roman law dealt with homicide by imposing death for
who commit crimes, but at the same time protecting the same international homicide and payment of blood money to the victim’s
violations from the violation of their rights by criminal justice family in cases of unintentional homicide.
agents. In an inquisitorial system a judge seeks evidence against
The court performs perhaps the most important role in the the accused or argues the state’s case.
administration of justice it is the court that every one turns to for 1. Known Courts in England
justice. It is the responsible for applying the criminal law against a. Shire Courts – handle more serious offenses in shires.
defendants who commit crimes, but at the same time protecting b. Hundred Courts – handle minor matters in village
the same violators from the violators of their right of criminal composed of laypersons called “suitors” and presided over
justice agent. by a “Shire reeve”.
The court is considered as the centerpiece of the CJS,for c. Seigniorial Courts – presided over by the lords to settle
the court performs perhaps the most important role in the disputes among their tenants.
administration of justice, because it is the court that everyone d. Borough Courts – developed the law of Commerce
turns to for justice.It is responsible for applying the criminal law .
against defendants who commit crimes,but at the same 2. Three Distinct Royal Courts in England
protecting the same violators from the violators of their rights off a. Court of the Exchequer – dealt with suits involving royal
CJS. revenues.
The court is under the direction and control of a judge or b. Court of Common Pleas – heard civil litigation between
the court is presided over by a judge. private citizens.
c. Court of King’s Bench – dealt with all major crimes.
1.1. WHAT IS COURT?
 It is government institution, which decides disputes 3. Trial by Ordeal
between citizen and between citizen and government. Its It was believed that God’s protected the innocent and punished the
basic function is to determine the guilt or innocence of guilty.
person accused of crime and imposed punishment on Ordeal is a term varying meaning closely related to the Medieval
those found guilty. Latin. “Dei Indicum”, meaning decisions. Also, it is an ancient method
 It is a government body officially assembled under authority of trial in which the accused was exposed to physical danger which
of law at the appropriate time and place for the was supposed to be harmless if he was innocent.
administration of justice through which the state enforce its In our Democratic and Republican State the powers of the
sovereign powers and rights. Government are distributed among the three great branches of the
government: the legislative, the executive and the judicial. The
1.2. COURT’S INDISPENSABLE DUTY legislative power is vested in the Congress of the Philippines, which
 Administration of Justice consist of a Senate and House of Representatives. The executive
Basis in the Administration of Justice (Se. 1, Art. 3 of the power is vested in the President of the Philippines, assisted by his
1987 Philippine Constitution) Cabinet. The judicial power is vested in one Supreme Court and in
 “No law shall be deprived of life, liberty or property without such lower courts as may be established by law.
due process of law Judicial powers includes the duty of the Courts and Justice
 Nor shall any person be denied the equal protection of the to settle actual controversies involving rights which are legally
law” demandable and enforceable and to determine whether or not there
has been a grave abuse of discretion amounting to lack or excess of
B. HISTORICAL BACKGROUND: jurisdiction on the part of any branch or instrumentality of the
During the pre-Spanish times in the Philippines, all trials of Government.
criminal and civil cases were in public. The litigants in the case Courts are judicial tribunals engaged in the administration
pleaded their own case. There were no lawyers, court clerks or of justice. They exist in every civilized country to resolve and end
stenographers. The litigants presented their witness. Before disputes in accordance with law, - peacefully, in an orderly manner,
testifying, they witnesses took an oath to tell the truth. The oath was authoritatively, definitely and finally.
in various forms, such as “may the crocodile eat me”, “may I die if I In criminal cases, where there was doubt as to who of the
tell a lie”, “may no woman love me”, or “may the moon frown upon accused persons were really guilty of the crime, trial by ordeal was
me”. To our forefathers, their oaths were sacred. Perjury was rare in resorted to. It was believed that the gods protected the innocent and
the early trials. The barangay court decided the case in favor of the punished the guilty. Through the ordeal the gods revealed divine
litigant who presented more proofs then the other. truth to the people. Thus, an accused person who was innocent was

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believed to be the gods successful in the ordeal because the gods 10. The only constitution capable of identifying and maintaining
would make him. the proper balance between the conflicting rights of the
It is situated between the Prosecution and Correction. The state and society.
court is the centerpiece of the five pillars, as such; it performs
perhaps the most important role in the administration of justice In the criminal justice system the court is looked upon as:
because it is the court that everyone turns to for justice. It is 1. the final arbiter for justice;
impossible for applying the criminal law against the defendants who 2. the front line defender of democracy, freedom and human
commit crimes, but at the same time protecting the same violations dignity;
from the violations of their rights by criminal agents. 3. the only institution capable of identifying and maintaining
It is also stated that a court is body to which the public the proper balance between the conflicting rights of the
administration of justice is delegated being a tribunal officially individual and those of the state and society; and
assembled under authority of law at he appropriate time and place 4. It is to the courts that everyone turns to for justice.
for the administration of justice through which the state enforces its
sovereign rights and powers. It is an entity or body in which judicial 1.2. JUDICIAL POWER OF THE COURT
power is vested.
It is also a place where justice is judicially administered; 1.2.1. Judicial Power – The judicial power is vested in one
persons officially assembled under authority of law, at the Supreme Court and in such lower courts as may be
appropriate time and place where, and person by whom judicial established by law. It includes the duty of the courts to:
functions are to be exercised, are essential to complete a court, in a) Settle actual controversies involving rights which
contemplation of law. are legally demandable and enforceable;
b) Determine whether or not there has been a grave
abuse discretion amounting to lack or excess of
C. THE JUDGE jurisdiction on the part of any branch or
1.1. Origin of the word: 12th century. Via Old French juge < instrumentality of the Government.
Latin judex "somebody who speaks the law" < jus "law, 1.2.2. Power of the Judicial Review
right"] The power of judicial review is the power of the court
ultimately of the Supreme Court, to interpret the Constitution
1.2. Who is a judge? Government official who administers the and to declare any legislative or executive act invalid because it
law in a court of justice by supervising trials, instructing is in conflict with the fundamental law. This authority is derived
juries, and pronouncing judgments and sentences. by clear implication from the provision of Sections 2(2) and
5(2a), Article X of the Constitution. Through such power, the
D. THE ROLES AND FUNCTIONS OF THE COURT IN THE Supreme Court particularly, enforces and upholds the
SYSTEM supremacy of the Constitution. This is so because the courts are
1.1. THE ROLES OF THE COURT IN THE SYSTEM: the appropriate official interpreters of the constitution. Thus, a
The Court is looked as the final arbiter of justice, the frontline study of the constitution is in a large measure a study of judicial
defender of democracy, freedom and human dignity. The only decision and opinions.
institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the State 1.3. THREE TYPES OF LEGAL PRESENTATION AVAILABLE TO
and Society. It is the court that everyone turns to for justice. CRIMINAL DEFENDANTS;
Specifically the court has the following roles: 1. Lawyer who are hired by the defendants as a private
1. To settle actual controversies involving rights which are counsel
legally demandable and enforceable. 2. A public defender for indigent defendants given free by the
2. To determine whether there has been grave abuse of government, and
discretion amounting to lack of excess of jurisdiction on the 3. Court assigned counsel.
part of any branch or instrumentality of the government.
3. To render authoritative judgments. 1.4. THREE IMPORTANT FUNCTIONS OF COURTS:
4. The final arbiter for justice. 2. Resolve disputes that while offer routine are crucial to
5. The frontline of Democracy, freedom and human dignity. those involved
6. The only institution capable of identifying and maintaining 3. Provide protection from illegal actions by government and
the proper balance between the conflicting rights of the individuals
individual and those of the state and society. 4. Occasionally resolve disputes of great political and social
7. It is to the court that everyone turns to for justice. significance
8. It is twisted as a shield of innocence in the impartial
guardian of every private civil rights. 1.5. OTHER FUNCTIONS OF THE COURT
9. It is in the court that our citizens primarily feel the keen 1. Disciplinary Powers
cutting edge of the law. a. Supreme Court
b. The Court of Appeals
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2. Quasi – Legislative or Rule Making Power 7. Courts of Law- Are tribunals duly administering laws of the
a. The protection and enforcement of constitutional rights land.
b. Pleading, practice and procedure in all courts 8. Civil courts- Take cognizance civil cases only.
c. The admission to the practice of law 9. Criminal Courts- Take cognizance criminal cases only.
d. The Integrated Bar 10. Courts of General Jurisdiction- Courts which take cognizance
e. Legal Assistance to the under privileged of all cases, civil or criminal, except those designated to
special courts and courts of limited jurisdiction.
E. FORMS, KINDS, HIERARCHY AND ORGANIZATION OF 11. Courts of Record- Those which keep a record of proceedings.
COURTS IN THE PHILIPPINES 12. Probate Courts- Courts that have jurisdiction over settlements
on estates of deceased persons.
1.1. TWO BASIC FORMS OF COURTS 13. Land Registration or Cadastral Courts- Have jurisdiction over
1. TRIAL COURTS =consist of inferior courts and higher trial registration of real Properties under the Torrens System.
courts which are variously called as Municipal Trial Courts, 14. Ecclesiastical Courts- These are tribunals administering and
Metropolitan Courts(City Courts).The business centers interpreting church laws. The decision is binding upon civil
about the processing of mirror criminal and civil cases and courts.
conduct preliminary hearing regarding serious criminal 15. Tribal Courts- These are existing under the customs and
cases. traditions of an indigenous cultural community are not part of
2. APPELATE COURTS = usually called Supreme Court. The Philippine judicial system which consists of the Supreme
main business of these courts is hearing appeals in which Court and the lower established by law.
they review the proceedings actions of trial courts in order 16. Barangay Courts
to determine whether errors have occurred in the trial of an Is a Barangay Court established under P.D 1508 as
individual which would require reversal of new trial. amended by Rep. Act No.7160, otherwise known as the Local
On August 4, 1981, the judiciary Reorganization Government Code of 1990 a part of the Philippine Judicial
Act of 1980, known as BATAS PAMBANSA. The acts system?
implementing the organization of different courts: The answer is no. Pangkat or conciliation panels created
by P.D 1508 as amended by R.A NO. 7160 are advisory and
Courts to be recognized are: conciliatory bodies whose principal objective is to bring
1. Courts of appeals =Intermediate Appellate Courts- together the parties to a dispute and persuade them to make
Supreme Courts peace, settle and compromise. Decision of a tribunal based
2. Courts of First Instance =Regional Trial Courts on compromise may be enforced or set aside, in and through
3. Circuit Criminal Courts =Regional Trial Courts the regular courts only.(Spouses Lenard and Rosa Badua v.
4. Juvenile and Domestic Relations Courts -RTC Cordillera Bodong Administration 194 SCRA 101, Feb. 14
5. Courts of Agrarian Relations =RTC 1991)
6. City Courts =Metropolitan Trial Courts
7. Municipal Courts =Municipal Trial Courts and What is Rep. Act NO.? 8371?
Municipal Circuit Trial Courts. An act to recognize and protect the rights of indigenous
cultural communities/indigenous people, etc., approved
1.2. DIFFERENT KINDS OF COURTS UNDER THE JUDICIARY. October 29, 1997.
1. Constitutional Court- This is created by Constitution itself.
(Supreme Court) 17. Courts of special or limited jurisdiction: Those which have
2. Statutory Courts- Those created by the legislature such as no power to decide their own jurisdiction and only try cases
the following: permitted by statute. Example Municipal Trial Courts.
a. Court of appeals:
b. Regional Trial Courts: 18. Family Courts: These are courts created by Rep. Act No.
c. Metropolitan Trial Courts: 8369 vested with exclusive original jurisdiction over child
d. Municipal Trial Courts: and family cases.
e. Municipal Circuit Trial Courts; Another court of special jurisdiction is The Family
f. Municipal Trial Courts in Cities Court. These courts are in level with the Regional Trial
3. Superior Courts - Take cognizance of all kinds of cases Courts. They exercise exclusive original jurisdiction over
whether civil or criminal and posses supervisory authority criminal cases where one or more of the accused is below
over lower courts (Courts of general jurisdiction). eighteen (18) years of age; or where one or more of the
4. Inferior Courts- Take cognizance of specified cases only: a) offended parties is a minor below eighteen (18) years of
MeTCs, MTCs, MCTCs. age at the time of the commission of the offense on the
5. Court of Original Jurisdiction- Those where a case is originally assumption that the accused acted with discernment.
commenced. Republic Act No. 8369 established Family Courts
6. Appellate Courts- Those courts where a case is reviewed. granting them exclusive original jurisdiction over child and
family cases namely:
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a) Criminal case where one or more of the accused The Supreme Court: The Highest Court
is below eighteen (18) years of age but not less  The Constitution of the Philippines vests judicial power
than nine (9) years of age, or where one or more in one Supreme Court and such lower courts as may
of the victim is a minor at the time of the be established by law.
commission of the offense; Provided, That if the  Composed of one Chief Justice and fourteen
minor is found guilty, the court shall promulgate Associate Justice, all of whom are appointed by the
sentence and ascertain any civil liability which President from a list of recommendees presented by
the accused may have incurred. The sentence, the Judicial and Bar Council.
however, shall be suspended without need of Significant events to the development of the Supreme
application pursuant to Presidential Decree No. Court
603, otherwise known as the “Child and Youth  June 11, 1901 –Marks the birth of the Supreme Court.
Welfare Code.”  Act No. 136 known as the Judiciary Law, took effect
b) xxx xxx on this date.
c) Cases against minors cognizable under the  In its primitive form, judicial powers were already in
Dangerous Drugs Acts, as amended; existence through the barangay chief.
d) Violations of Republic Act No. 7610, otherwise  Miguel Lopez de Legaspi – The first governor-general
known as the “Special Protection of Children
of the Phil’s.
Against Child Abuse, Exploitation and
 The Present Supreme Court was preceded by the
Discrimination Act,” as amended by Republic Act
No. 7658; and Royal Audiencia, established on May 5, 1583
e) Cases of domestic violence against:  February 26, 1886 - a territorial audiencia was
1.2.1.1. Women — which are acts of gender based violence that organized in Cebu.
result, or are likely to result in physical, sexual or  Gen Wesley Mertit - suspended the criminal
psychological harm or suffering to women; and other forms jurisdiction of the Audiencias and organized military
of physical abuse as battering or threats and coercion commissions or court-martial and provost courts.
which violates a woman’s personhood, integrity and  Maj. Gen. Elwell S. Otis - Issued G.O No. 20 re-
freedom of movement; and establishing the Audiencia
1.2.1.2. Children — which include the commission of all forms of  The Order named Cayetano Arellano as the first Chief
abuse, neglect, cruelty, exploitation, violence, and Justice.
discrimination and all other conditions prejudicial to their  The Administrative Code of 1917 ordained the
development. Supreme Court as the highest tribunal.
If an act constitutes a
criminal offense, the accused or 2. Regular Courts
batterer shall be subject to The Philippine Judicial System consists of a hierarchy of
criminal proceedings and the courts assembling a pyramid with the Supreme Court at the
corresponding penalties. apex. Under the Judiciary Reorganization Act of 1980,
otherwise known as the Batas Pambansa Blg. 129 ( Rep. Act
19. Military Courts or Courts Martial, defined: They No. 129), the other regular courts are:
are not Philippine courts but are agencies of a. Intermediate Appellate Court (Court of Appeals) – This
executive character and attached to the operates in ten (10) divisions, each comprising five (5)
constitutional functions of the president as members. The court sits in banc only to exercise
Commander in Chief, independent of legislation. administrative, ceremonial, or either non-adjudicatory
functions. Established under Batas Pambansa Bilang
What is Rep. Act 7055? 129 known as “The Judiciary Reorganization Act of
AN ACT STRENGTHENING THE CIVILIAN SUPREMACY 1980”.
OVER THE MILITARY BY RETURNING TO THE CIVIL b. Regional Trial Courts – One which is presided by 720
COUTS THE JURISDICTION OVER CERTAIN OFFENSES Regional Trial Judges in each of the thirteen (13)
INVOLVING MEMBERS OF THE ARMED FORCES OF THE regions of the country;
PHILIPPINES, OTHER PERSONS SUBJECT TO MILTARY R.A no. 8369 also known as the “Family Courts
LAW , AND THE MEMBERS OF THE PHILIPPINE Act of 1997 was enacted establishing the Family
NATIONAL POLICE, REPEALING FOR THE PURPOSE Court, granting this court exclusive original jurisdiction
CERTAIN PRESIDENTIAL. over child and family cases.

1.3. ORGANIZATION OF COURTS c. Metropolitan Trial Courts – In each metropolitan area,

established by law area Municipal Trial Court in every
1. Constitutional Court city not forming a part of the Metropolitan area and
each of the municipalities not comprised within a
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metropolitan area; as well as a Municipal Circuit Trial In the Muslim areas, we have the Shari’ah Circuit
Court in each area defined as a municipal circuit Courts that exercise exclusive and original jurisdiction
comprising of one or more cities and/or one or more over criminal cases involving:
municipalities grouped together according to law. 1. Offenses against customary law;
2. Illegal solemnization of marriage under the
Note: Muslim Code;
1. The Municipal Trial Courts - It is referred as such 3. Marriages before expiration of the prescribed
if it covers only one municipality “idda”;
2. Municipal Circuit Trial Courts - it is called 4. Offense relative to subsequent marriage, divorce
Municipal Circuit Trial Court if it covers two or and revocation of divorce;
more municipalities. 5. Failure to report for registration any fact as
3. The Metropolitan Trial Courts - Municipal Trial required under the Muslim Code;
Courts in the towns and cities in the Metropolitan 6. Neglect of duty of registrars to perform their duty
Manila area, as distinguished from the other under the Muslim Code; and
political subdivisions in the Philippines, are 7. All other cases involving offenses defined and
referred to as Metropolitan Trial Courts. penalized under the Muslim Code.
4. Municipal Trial Courts in Cities - In cities outside d. The Shari’a Circuit Court - Equivalent to the Municipal
Metropolitan manila, the equivalents of the Circuit Trial Courts
Municipal Trial Courts are referred to as
Municipal Trial Courts in Cities.
3. Quasi-Judicial Agencies
2. Special Courts There are administrative bodies under the executive
Aside from the above-mentioned courts, there are also branch performing quasi-judicial functions, like the National
under present laws some special courts. These are the Labor Relations Commission (NLRC) , Employees
following: Compensation Commission (ECC) , Board of Transportation
a. Court of Tax Appeals – Created under Rep. Act No. (BT), etc., and the Independent Constitutional Commissions
1125, as amended, this special court has exclusive which do not form a part of the integrated judicial system. The
appellate jurisdiction to review on appeal the decisions same is true of the Court Martial pertains to the President as
of the Commission of Internal Revenue involving Commander-in-Chief, independently of legislation to aid him
internal revenue taxes and decisions of the properly in commanding the Armed Forces and enforcing the
Commissioner of Customs involving customs duties. required discipline.
It is a special court of limited jurisdiction.
R.A No. 9282 expanded the jurisdiction of the 4. Barangay Courts
Court of Tax Appeals. Presidential Decree No. 1508, dated June 11, 1978,
Now of the same level as the Court of Appeals, created in each barangay a body to be known as “Lupong
possesses all the inherent powers of a Court of Tagapayapa” (Barangay Courts) which shall constitute a
Justice. -The Presiding Justice and Associate system of amicably settling disputes at the barangay level, to
Justices hold office during good behavior, until they help relieve the courts of docket congregation and thereby
reach the age of seventy (70) or become enhance the quality of justice disposed by the courts.
incapacitated to discharge the duties of their office, Barangays as the term used in Presidential Decree No. 1508,
unless sooner removed for the same causes and in refers not only to the barrios which were declared barangays
the same manner provided by the law for members of by Presidential Decree No. 557 but also to barangays
the judiciary of equivalent rank. otherwise known as Citizens Assemblies pursuant to
Presidential Decree No. 86.
b. Sandiganbayan – The Constitution provides that the
National Assembly shall create a specialized court, 1.4. LEVEL OF HIERARCHY
popularly known as “Sandiganbayan”. The creation In the Philippines, the regular courts engaged in the
was made possible by Presidential Decree No. 1606. administration of justice are organized into four (4) levels of tiers. At
Its rank is equivalent to the Court of Appeals. the highest level is the Supreme Court; and as above stated, it is in it
and the lower courts – those at the three (3) other levels – that
c. The Shari’a Courts - Equivalent to the RTC’s in rank. judicial is vested. They are collectively known as the judiciary. AS
This court was established in certain specified thus organized, they comprise that is referred to as the Integrated
provinces in Mindanao where the Code of Muslim Judicial System. This system is depicted in the following:
Personal Laws of the Philippines being 1. First Level Courts - At the first level are the Metropolitan Trial
enforced.Created under P.D No. 1083. Courts, the Municipal Trial Courts in Cities/Municipalities, and
Municipal Circuit Trial Courts. Courts of the first level are

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essentially trial courts. They try and decide only the particular
types or classes of cases specified by law. 1.6. COURT ACTIONS
2. Second Level Courts - At the second level are Regional Trial The Courts play no active role in the system until their
Courts (RTCs). The Philippines is divided into thirteen (13) jurisdiction is involved by the filing of appropriate information.
regions; the National Capital Judicial Region (the Metro Manila All criminal actions are thereof, commenced by a complaint
Area), and twelve (12) others (group of to or more cities and or information filed in court in the name of the People of the
provinces), from Region I in the North, to Region XII in Philippines against all persons who appear to be responsible for the
Mindanao. In each region there is a RTC, composed of several offense. They are prosecuted under the direction and control of a
branches. prosecutor and instituted and tried in the Court or Municipality or
3. Third Level Courts - At the third level is the Court of Appeals. It territory where the offense is committed.
is essentially an Appellate Court, reviewing cases appealed to it When a criminal action is instituted, the Civil Action for the
from Regional Trial Courts. It may review questions of fact or recovery of civil liability (damages) is impliedly included, unless the
mixed questions of fact of law. offended party waives the civil liability or reserves his right to institute
Appeals to it as regards cases decided by the RTC in the it separately. In other words, a person who is criminally liable is also
exercised of original jurisdiction are a matter of right. But civilly liable – which means that for every crime committed there are
appeals with respect to cases decided by the RTC in the always two (2) offended party is the Civil Aspect.
exercises of its appellate which no other remedy lies.
Occasionally, the CA may act as a trial court. This, in 1.7. STAGES COURT PROCEEDINGS (CRIMINAL ACTIONS)
actions praying for the annulment of final and executory 1. Police Investigation
judgment of RTC on the ground of extrinsic fraud subsequently a. Arrest
discovered, against which no other remedy lies. b. Warrant less arrest
4. The fourth level court- The Supreme Court is the fouth and the c. Rights of person under custodial investigation
highest court of the land. It is a review court. It is the court of the 2. Preliminary Investigation - It is the stage at which the public
last resort, for no appeal lies from its judgments and final orders. Prosecutor evaluates the findings of the Police to
In the context of the Integrated Judicial System depicted in the determine if prosecution of the suspect in court is
diagram, it exercises Appellate jurisdiction over cases decided warranted.
by the Court of Appeals or Regional Trial Courts. AS a rule, only 3. Criminal Action Proper
question of law may be raised as appeal. a. Warrant of Arrest
Appeals in the Supreme Court are never a matter of right. b. Arraignment – cannot be waived
The only exception is when the penalty of death, reclusion c. Pre – trial – expedite disposition of trials
perpetua, or life imprisonment has been imposed either by RTC d. Trial
or the CA; indeed, when the death penalty is imposed, the case e. Judgment – Promulgate by reading it to the accused
automatically goes up to the Supreme Court for review, even of in open court.
the accused does not appeal. In any of these three (3) cases, If the court acquits the accused because, in its view, he is
issue of fact, aside from issues of law, maybe raised before and innocent or his guilt has not been proven beyond reasonable doubt,
decided before and decided by the Supreme Court. the case is definitely ended. Appeal by the prosecution is barred by
5. Extra ordinary Jurisdiction - This involves cases of quite serious the principle of double jeopardy. If the other way round, he may
character such, for instance, as where the lower court has acted move for a new trial or reconsideration.
without, or in excess of its jurisdiction or has gravely abused its
discretion, or unlawfully deprived a person of his liberty.

1.5. COURT ROOM WORK GROUP F. JURISDICTION OF COURTS – CONFERRED BY LAW

1. Court Administrators - These government employees are Jurisdiction is the authority to hear and decide a case. It is
usually appointed by a state court of last resort to act as the power of the judges to administer justice, that is, to try and decide
statewide court administrator. the cases in accordance with the laws.
2. Court Clerks -They are responsible in maintaining the In order for a Court to have authority to have a particular
court’s records, preparing daily calendars, calling cases case, it must have jurisdiction of the following:
before the judge, controlling evidence in court, and 1. the subject matter
collecting fines and court costs. 2. the person of the accused
3. Bailiffs - Perform a variety of duties including maintaining 3. the territory where the offense was committed.
order in the court, announcing judge entry into the
courtroom, calling witnesses, controlling defendants, and 1. The Jurisdiction of Court may be classified in many parts, it
supervising juries. may be:
4. Court Reporters - Sometimes referred to as court a. General when it is empowered to decide all
stenographers, these people report everything said in court. disputes which may come before it, except those
5. Corners - These government officials are usually elected in each assigned to other courts.
country and e.g. Jurisdiction of Regional Courts
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b.Limited when it has the authority to hear and c. Assign temporarily judges of lower courts to other
determine only a specified cases. stations as public interest may require. Such
e.g. Jurisdiction of the Court of Tax Appeals temporary assignment shall not exceed six
c. Original when it can carry and decide a case months without the consent of the judge
presented for the first time. concerned.
d. Appellate when it can take a case already heard d. Order a change of venue or place of trial to avoid
and decided by a lower court. a miscarriage of justice.
e. Exclusive when it can try and decide a case e. Promulgate rules concerning the protection and
which can not be presented before any court. enforcement of constitutional rights, pleading,
f. Concurrent when any of two or more courts may practice, and procedure in all courts, the
take cognizance of a case. admission to the practice of law, the Integrated
g. Criminal that which exist for the punishment of Bar, and legal assistance to the underprivileged.
crime. Such rules shall provide a simplified and
h. Civil that which exist when the subject matter is inexpensive procedure for the speedy disposition
not of a criminal offense. of cases, shall be uniform for all courts of the
2. The Elements of Jurisdiction in Criminal Cases are: same grade, and shall not diminish, increase or
a. Territorial Jurisdiction – determined by the modify substantive rights. Rules of procedure of
geographical area over which it presides, the fact special courts and quasi-judicial bodies shall
that the crime was committed, or any of its remain effective unless disapproved by the
essential ingredients took place, within said area. Supreme Court.
b. Jurisdiction over subject matter – determined by 2. Jurisdiction of the Court of Appeals ( Sec. 9 of the
the allegations of the complaint or information in Judiciary Act of 1980 – BP Blg. 129)
accordance with the law in force at the time of a. Original jurisdiction to issue writs of mandamus,
the institution of the action not at the time of the prohibition, certiorari, habeas corpus, and quo
commission of the offense. It also determined by warranto, and auxiliary writs or processes,
the penalty provided by law for the offense as whether or not in aid of its appellate jurisdiction.
that offense is charged in the complaint or b. Exclusive original jurisdiction over actions for
information. annulment of judgments of Regional Trial Courts
c. Exclusive appellate jurisdiction over all final
3. Different kinds and Powers of Jurisdictions judgments, decisions resolutions, orders, or
1. Jurisdiction of the Supreme Court (Sec. 5 Art. VIII of awards of Regional Trial Courts and quasi-
the 1987 Constitution judicial agencies, instrumentality, boards or
a. Exercise original jurisdiction over cases affecting commission except those falling within the
ambassadors, other public ministers and consuls, appellate jurisdiction of the supreme court in
and over petitions for certiorari, prohibition, accordance with the Constitution, the provision of
mandamus, quo warranto, and habeas corpus. this Act of the third paragraph and subparagraph,
b. Review revise, reverse, modify, or affirm on and of subparagraph (4) of the fourth paragraph
appeal or certiorari as the law or the Rules of the of Section 17 of the Judiciary Act of 1948.
Court may provide final judgments and orders of 3. Jurisdiction of the Regional Trial Courts
lower courts in: a. Exclusive jurisdiction of any court, tribunal or
i. All cases in which the constitutionality body, except those falling under the exclusive
or validity of any treaty, international or and concurrent jurisdiction of the Sandiganbayan
executive agreement, law, presidential which shall hereafter be exclusively taken
degree, proclamation, order, cognizance by the latter.
instruction, ordinance, or regulation is b. Regional Trial Courts are now vested with
in question. exclusive jurisdiction to try all offenses
ii. All cases involving the legality of any punishable with imprisonment exceeding four (4)
tax impose, assessment, or toll or years and two (2) months and/or fine or more
any penalty imposed in relation thereto. than P 4, 000.00.
iii. All cases in which the jurisdiction of 4. Jurisdiction of the Sandiganbayan (Sec. 4)
any lower courts is in issue. a. Exclusive original jurisdiction in all cases
iv. All criminal cases in which the penalty involving the violations of Republic Act No. 3019,
imposed is reclusion perpetua or as amended otherwise known as the Anti-Graft
higher. and Corrupt Practices Act., Republic Act No.
v. all cases in which only an error or 1379 and Chapter II, Section 2, Title VII of the
question of law is involved. Revised Penal Code:

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b. Other offenses or felonies committed by public e) Officers of the Philippine National Police while
officers and employees in relation to their office, occupying the position of provincial director and
including those implied in government owned or those holding the rank of senior superintendent
controlled corporations whether simple or or higher;
complex with other crimes, where the penalty f) City and provincial prosecutors and their
prescribed by law is higher than prison assistants, and official and prosecutors in the
correctional or imprisonment for six (6) years, or Office of the Ombudsman and special
a fine of P 6,000.00 : PROVIDED, HOWEVER, prosecutor; and
that offenses or felonies mentioned in this g) Presidents, directors or trustees, or managers of
paragraph where the penalty prescribed by law government-owned or -controlled corporations,
does not exceed prison correctional or state universities or educational institutions or
imprisonment for six (6) years or a fine of P foundations;
6,000.00 shall be tried by the proper Regional
Trial Court and Municipal Circuit Trial Court. 2. Members of Congress and officials thereof classified as
c. On appeal, from the final judgments, resolutions or Grade ‘2’ and up under the Compensation and Position
orders of the Regional Trial Courts in cases Classification Act of 1989,
originally decided by them in their respective 3. Members of the judiciary without prejudice to the provisions
territorial jurisdiction. ‘ of the Constitution;
d. By petition for review, from the final judgments, 4. Chairmen and members of Constitutional Commissions,
resolutions or orders of the Regional Trial Courts without prejudice to the provisions of the Constitution; and
in the exercise of their appellate jurisdiction over 5. All other national and local officials classified as Grade ‘27’
cases originally decided by the Metropolitan Trial and higher under the Compensation and Position
Courts in their Respective jurisdiction. Classification Act of 1989.
The jurisdiction of the Sandiganbayan under Presidential xxx xxx xxx
Decree No. 1606, as amended by Executive Order No. 184, has
been changed by REPUBLIC ACT NO. 8249 “AN ACT TO b. Other offenses or felonies whether simple or completed with
STRENGTHEN THE FUNCTIONAL AND STRUCTURAL other crimes committed by the public officials and employees
ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR mentioned in subsection (a’) of this section in relation to their
THAT PURPOSE PRESIDENTIAL DECREE NO. 1606.” office.
Jurisdiction. — The Sandiganbayan shall exercise c. Civil and criminal case filed pursuant to and in connection with
exclusive origin al jurisdiction in all cases involving: Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
a. Violations of Republic Act No. 3019, as amended, other.. “In cases where none of the accused are occupying
wise known as the Anti-Graft and Corrupt Practices Act, positions corresponding to Salary Grade “27” or higher, as prescribed
Republic Act No. 1379, and Chapter II, Section 2, Title VII, in the said Republic Act No. 6758, or military and PNP officers
Book II of the Revised Penal Code, where one or more of mentioned above, exc1usive original jurisdiction thereof shall be
the accused are officials occupying the following positions vested in the proper regional trial court, metropolitan trial court,
in the government, whether in a permanent, acting or municipal trial court, and municipal circuit trial court, as the case may
interim capacity, at the time of the commission of the be, pursuant to their respective jurisdictions as provided in Batas
offense: Pambansa Big. 129, as amended.
1) Official of the executive branch occupying the “The Sandiganbayan shall exercise exclusive appellate
positions of regional director and higher, otherwise jurisdiction over final judgments, resolutions or orders of regional trial
classified as Grade ‘27’ and higher, of the courts whether in the exercise of their own original jurisdiction or of
Compensation and Position Classification Act of 1989 their appellate jurisdiction as herein provided.
(Republic Act No. 6758), specifically including: “The Scndiganbayan shall have exclusive original
a) Provincial governors, vice-governors, members jurisdiction over petitions for the issuance of the writs of mandamus,
of the sangguniang panlalawigan, and provincial prohibit ion, certiorari, habeas corpus, injunctions, and other ancillary
treasurers, assessors, engineers, and other writs and processes in aid of its appellate jurisdiction and over
provincial department heads; petitions of similar nature, including quo warranto, arising or that may
b) City mayors, vice-mayors, members of the arise in cases filed or which be filed under Executive Order Nos. 1,2,
sangguniang panlungsod, city treasurers, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over
assessors, engineers, and other city department these petit ions shall not be exclusive of the Supreme Court.
heads; “In case private individuals are charged as co-principals,
c) Officials of the diplomatic service occupying the accomplices or accessories with the public officers or employees
position of consul and higher; including those employed in government-owned or -controlled
d) Philippine army and air force colonels, naval corporations, they shall be tried jointly with said public officers and
captains, and all officers of higher rank; employees in the proper courts which shall exercise exclusive
jurisdiction over them.”
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Domingo, G.R. No. 90591, Nov. 21, 1990, 191 SCRA 545) is not
19. Consequence of Amendments exclusive but a shared concurrent authority in respect of the offense
As a consequence of these amendments, the charged. (Aguinaldo vs. Domagas, Sep. 26, 1991; Sanchez vs.
Sandiganbayan partly lost its exclusive original jurisdiction in cases Demetriou, G.R. Nos. 111771-77, Nov 9, 1993, 46 SCAD 152, 227
involving: SCRA 627)
(1) Violations of R.A. No. 3019 (Anti-Graft and Corrupt 2. Mayor Natividad vs. Felix, G.R. No. 111616, Feb. 4,
Practices Act) as amended; 1994, 48 SCAD 93, 229 SCRA 680- clarified that – the
(2) RA. No. 1379 (“An Act Declaring Forfeiture in Favor of the Ombudsman’s primary power to investigate is dependent on the
State Any Property Found to Have Been Unlawfully cases cognizable by Sandiganbayan. The Ombudsman’s primary
Acquired by any Public Officer or Employee and Providing jurisdiction is dependent on the cases cognizable by the former. But
for the Proceeding Therefor”) and the authority in concurrent with other similarly authorized agencies.
(3) Chapter II, Section 2, Title VII of the Revised Penal Code. However, the Ombudsman may take over the investigation of such
(Article 210, Direct Bribery; Article 211, Indirect Bribery; case at any stage from any investigative agency of the Government.
and Article 212, Corruption of Public Officials). This is only directory.
The Sandiganbayan retains jurisdiction only in cases where Jurisdiction of the Municipal Trial Courts (Sec. 32 of the Judiciary Act
the accused are those enumerated in subsection (a) Section 4 above of 1980)
and, generally, national and local officials classified as Grade “27” a. Exclusive original jurisdiction over all violations of
and higher under the Compensation and Position Classification Act city or municipal ordinances committed within
of 1989. (R.A. No. 6758) Moreover, its jurisdiction over other their respective territorial jurisdiction.
offenses or felonies committed by public officials and employees in c. Exclusive original jurisdiction over all offenses
relation to their office is no longer determined by the prescribed punishable with imprisonment of not exceeding
penalty, viz., that which is higher than prison correccional or four years and two months or a fine of not more
imprisonment for six years or a fine of P6,000.00; it is enough that than four thousand pesos or both such fine and
they are committed by those public officials and employees imprisonment, regardless of other imposable
enumerated in subsection a, Section 4 above. However, it retains its accessory or other penalties including the civil
exclusive original jurisdiction over civil and criminal cases filed liability arising from such offenses or predicated
pursuant to or in connection with E.O. No. 1 (Creating the thereon, irrespective of kind, nature, value, or
Presidential Commission on Good Government) and 2 (Regarding amount thereof: Provided however, that in
the Funds, Moneys, Assets, and Properties illegally Acquired or offenses involving damage to property through
Misappropriated by Former President Ferdinand E. Marcos, Mrs. criminal negligence they shall have exclusive
Imelda R. Marcos, Their Close Relatives, Subordinates, Business original jurisdiction where the imposable fine
Associates, Dummies, Agents, or Nominees) E.O. No. 14, (Defining does not exceed twenty thousand pesos.
the Jurisdiction Over Cases Involving the Ill-gotten Wealth of Former 5. Jurisdiction of Metropolitan Trial Courts, Municipal
president Ferdinand E. Marcos, Mrs. Imelda R. Marcos, Members of Trial Courts and Municipal Circuit Trial Courts in Civil
Their Immediate Family, Close Relatives, Subordinates, Close and/or Cases.
Business Associates, Dummies, Agents, and Nominees, and E.O. a. Exclusive original jurisdiction over civil actions
No. 14-A (Amending E.O. No. 14). (People vs. Magallanes, October and probate proceedings, testate and intestate,
11, 1995,64 SCAD 968,249 SCRA 212, G.R. Nos.118013-14) including the grant of provisional remedies in
proper cases, where the value of the personal
Jurisdiction of Sandiganbayan over Public Officers property, estate, or amount of the demand does
1. Prior to the amendment (RA. No. 7975), jurisdiction of not exceed twenty thousand pesos exclusive of
the Sandiganbayan for felonies other than violation of R.A. No. 3019 interest and cost but inclusive of damages of
as amended, otherwise known as the Anti-Graft and Corrupt whatever kind, the amount of which must be
Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title specifically alleged: Provided that where there
VII of the Revised Penal Code, embrace all other offenses provided, are several claims or causes of action between
the offense was committed in relation to public office (Sanchez vs. the same or different parties, embodied in the
Demetriou, G.R. Nos. 111771-77, November 9, 1993, 46 SCAD 152, same complaint, the amount of the demand shall
227 SCRA 627) and the prescribed penalty is more than six years. be the totality of the claims in all the causes of
Under the present law, both the nature of the offense and action, irrespective of whether the causes of
the positions occupied by the accused are the conditions sine qua action arose out of the same or different
non before the Sandiganbayan can validly take cognizance of the transactions.
case. (Uy vs. Sandiganbayan, 110 SCAD 477,321 SCRA 77(1999]) b. Exclusive original jurisdiction over cases of
forcible entry and unlawful detainer: Provided
Jurisdiction of Sandiganbayan to be Distinguished from that when, in such cases, the defendant raises
Jurisdiction of Ombudsman over Public Officers the question of ownership in his pleading and the
1. The Jurisdiction of the Ombudsman to investigate and question of possession cannot be resolved
Prosecute Public Officers for any illegal act or omission (Deloso vs. without deciding the issue of ownership shall be
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resolved only to determine the issue of similarly punishable as the above mentioned
possession. offenses under the penal code.
8. Test of Jurisdiction
6. Jurisdiction of the Barangay Court 1. In criminal cases, the test of Jurisdiction is the
a. Offenses Punishable by the Revised Penal Code principal penalty.
cognizable by the Lupon include: 2. In civil cases, the basis of jurisdiction is the amount
1. Alarms and scandals (Art. 155) claimed in the complainant.
2. Use of false certificates (Art. 175)
3. Concealing one’s true name and other G. CRIMINAL JURISDICTION OF COURTS
personal circumstances (Art. 178, par 2) Criminal jurisdiction is the authority to hear and try a
4. Physical injuries committed in a tumultuous particular offense and impose the punishment for it. (People vs.
affray (Art. 252) Mariano, L - 40527, June 30, 1976)
5. Slight physical injuries and maltreatment
(Art. 266) 1.1. GENERAL RULE: The jurisdiction of the court is determined by:
6. Other forms of trespass (Art. 281) 1. The geographical units of the territory over which it
7. Other light threats (Art. 285) presides
8. Other light coercion’s or unjust vexations 2. The action (Civil or Criminal) it is empowered to hear and
(Art. 287) decide (U.S. VS. Jueves, 23 Phil. 100)
9. Some forms of thefts (Art. 308, par 3, and
Art. 309, par 8.) 1.2. CRIMINAL JURISDICTION, DEFINED
10. Altering boundaries or landmarks ( Art. 313) It is the authority to hear and decide a particular offense
11. Other deceits (Art. 318) and impose the punishment for it (Pp. vs. Mariano 71 SCRA
12. Arson of Property of small value (Art. 323) 660.) This kind of jurisdiction is vested in the court and not in the
13. Social cases of malicious mischief (Art. 328) judge. In multiple sala or branch courts, each sala or branch is
14. Other mischief’s (Art. 329) not a distinct and separate court from the others. So that where
15. Slight Slander (Art. 358) a case is filed before a branch or judge thereof, the trial may be
16. Slander by deed not of a serious nature (Art. had or proceedings may continue before another branch or
359) judge. (Lumpay vs. Moscoso 105 Phil. 568)
17. Intriguing against honor (Art. 364)
18. Theft, swindling, or malicious mischief 1.3. ELEMENTS OF JURISDICTION IN CRIMINAL CASES
committed or caused mutuality by certain The elements of jurisdiction of a trial court over the subject
relatives, where there is no criminal but only matter in criminal cases are:
civil liability. a. The nature of the offense and / or penalty attached
c. The Barangay Law prescribes the procedure for there to. And
settling disputes in the Barangay level. Cases b. The fact that the offense has been committed within
falling within jurisdiction of the Barangay which the territorial jurisdiction of the court.
are referred first to the barangay before said The non - concurrence of either of these two elements may
cases are filed with the court only upon be challenge by an accused at any stage of the proceedings in
certification issued by the Barangay Secretary for the court below as on appeal. Failing one of them, a judgment of
failure of the contending parties to come into an conviction I s well and raid ( Manila. Railroad Co. VS. Attorney
agreement in the Barangay level. However, General, 20 Phil. 562 : U.S. VS. Jayme, 2aPhil90.93)
should there be an agreement reached before
the Barangay Chairman, or in Pangkat ng 1.4. REQUISITES FOR VALID EXERCISE OF CRIMINAL
Tagapagsundo, the barangay secretary transmits JURISDICTION
the settlement agreed upon by the parties to the The three important requisites before a court can validity
Clerk of the Municipal Trial Court within 15 days exercise its rover to hear and try a cope:
from date of settlement. 1. It must have jurisdiction over the subject matter.
d. All of those offenses are punishable by 2. It must have jurisdiction over its territory
imprisonment not exceeding 30 days and / or fine 3. It must have jurisdiction over the accused
not exceeding P200.00.
e. Under the New Local Government Code, all
offenses punishable by at least one year
imprisonment and P2000.00 fine is now within 1.5. NATURE AND CONCEPT OF JURISDICTION OVER THE
the jurisdiction of the Lupon. OFFENSE (SUBJECT MATTER)
f. Also cognizable by the barangay courts are Jurisdiction over the offense or over the subject matter
violations of municipal ordinances which are refers to the power of a particular court to hear, determine and
decide cases of a general class to which the proceeding in
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question belongs. It is conferred by law and not governed by the 1.11. COMPOSITION OF THE SUPREME COURT AND ITS
agreement of the parties. It remains with the court unless a law SITTING PROCEDURE
expressly divests it of that jurisdiction. The 1973 Constitution expanded the membership of the
Supreme Court from ten (10) members under the 1935
1.6. LAW THAT GOVERNS THE APPLICATION OF JURISDICTION Constitution to fifteen (15) including the Chief Justice, to cope
OVER THE OFFENSE OR SUBJECT MATTER. with the increase in the number of cases brought about by the
This kind of jurisdiction is governed by the law in force at increase in Filipino population.
the time of the commencement of the action and by the The Supreme Court may “Sit en Banc” (as one body) or in
allegations of the complaint or information and not by the two divisions. It is now the Supreme Court that decides
findings the court may make after the trial. (Buaya vs. Polo 169 whether or not it will sit in two divisions. On the basis of fifteen
SCRA 471) members, the logical number in one division is eight (8)
including the Chief Justice and seven (7) in the other. Sitting
1.7. OTHER FACTORS THAT DETERMINE THE JURISDICTION in two divisions, the Supreme Court doubles its capacity to
OF THE COURT OVER THE SUBJECT MATTER. dispose of cases pending before it.
The other factors that may also determine the jurisdiction of
a court over the subject matter are: 1.12. CASES TO BE HEARD OR DECIDED “EN BANC” AND THE
1. Penalty imposable by the law violated; NUMBER OF VOTES REQUIRED.
2. Nature or kind of the offense committed as defined by The Supreme Court hears and decides cases en banc with
the law violated; the corresponding number of votes required, to wit:
3. The person or persons involved in the criminal action; 1. All cases involving the constitutionality of a treaty,
4. The nature of the position of the public officer executive agreement, or law shall always be heard
involved; and decided by the Supreme Court en banc. To
5. The age of the offender and/or the offended party. declare a treaty, executive agreement, or law
(References: RA 7691; BP 129; Republic vs. Asuncion unconstitutional, the concurrence of at least ten (10)
231 SCRA 211; Llorente vs. Sandiganbayan, Jan. 19, justices is required. When the necessary majority
2000) cannot be obtained its constitutionality shall be
deemed upheld.
1.8. EFFECT OF LACK OF JURISDICTION OVER THE SUBJECT 2. All other cases which under the rules of the Supreme
MATTER. Court are required to be heard en banc shall be
All the proceedings had shall be considered a nullity. A decided en banc. The concurrence of at least eight (8)
judgment rendered is not a bar to subsequent prosecutions or members is required.
indictments. Lack of jurisdiction over the offense can be raised 3. Cases heard by division, if the concurrence of at least
at any stage of the proceedings. five (5) members is not obtained, shall be decided en
Where the court has no jurisdiction over the offense or banc.
subject matter, the only valid act it may perform is to cause the 4. Cases modifying or reversing a doctrine or principle of
dismissal of the case. law laid down by the court in a decision rendered en
banc or in division shall be decided by the court sitting
1.9. CONCEPT OF JURISDICTION OVER THE TERRITORY en banc, and;
WHERE THE OFFENSE WAS COMMITTED. 5. In administrative cases where the decision is for the
A court has an inchoate right of jurisdiction over all crimes dismissal of a judge of an inferior court, the vote of at
committed within its territorial jurisdiction, which is perfected on least eight (8) members is necessary to order such
the institution of the action. The change in the territorial limits of dismissal.
the place may be a cause for a court to lose jurisdiction over the
offense. H. RULE 116 – ARRAIGNMENT AND PLEA

1.10. CONCEPT OF JURISDICTION OVER THE PERSON OF Section 1. Arraignment and plea; how made. —
THE ACCUSED. (a) The accused must be arraigned before the court
Jurisdiction over the person of the accused is acquired where the complaint or information was filed or assigned for
upon either the valid arrest or apprehension of the accused or trial. The arraignment shall be made in open court by the judge
upon the latter’s voluntary surrender. It may be waived by the or clerk by furnishing the accused with a copy of the complaint
accused under certain circumstances. (Santiago vs. or information, reading the same in the language or dialect
Ombudsman 217 SCRA 633) The appearance of the accused known to him, and asking him whether he pleads guilty or not
by motion purposely to question the jurisdiction of the court guilty. The prosecution may call at the trial witnesses other
over his person shall not be construed as voluntary than those named in the complaint or information.
appearance. (Palma vs. CA 232 SCRA 714) (b) The accused must be present at the arraignment
and must personally enter his plea. Both arraignment and plea
shall be made of record, but failure to do so shall not affect the
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validity of the proceedings. complaint or information is necessary. (sec. 4, circ. 38-98)

(c) When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be entered for him. PLEA BARGAINING - It is process where by the accused, the
(1a) offended party and the prosecution work out a mutually
(d) When the accused pleads guilty but presents satisfactory disposition of the case subject to the courts
exculpatory evidence, his plea shall be deemed approval.
withdrawn and a plea of not guilty shall be entered
for him. (n) Presence and consent of the offended party
(e) When the accused is under preventive detention, the consent of the offended part is necessary before the
his case shall be raffled and its records transmitted to the accused maybe allowed to plead guilty to a lesser offense if
judge to whom the case was raffled within three (3) days from the plead of guilty to a lesser offense is made without the
the filing of the information or complaint. The accused shall be consent of the prosecutor and the offended party the
arraigned within ten (10) days from the date of the raffle. The conviction of the accused shall not be a bar to another
pre-trial conference of his case shall be held within ten (10) prosecution for an offense which necessarily includes the
days after arraignment. (n) offense
(f) The private offended party shall be required to charge in the former information
appear at the arraignment for purposes of plea bargaining,
determination of civil liability, and other matters requiring his Section 3. Plea of guilty to capital offense; reception of
presence. In case of failure of the offended party to appear evidence. — When the accused pleads guilty to a capital
despite due notice, the court may allow the accused to enter a offense, the court shall conduct a searching inquiry into the
plea of guilty to a lesser offense which is necessarily included voluntariness and full comprehension of the consequences of
in the offense charged with the conformity of the trial his plea and require the prosecution to prove his guilt and the
prosecutor alone. (cir. 1-89) precise degree of culpability. The accused may present
(g) Unless a shorter period is provided by special law evidence in his behalf. (3a)
or Supreme Court circular, the arraignment shall be held within
thirty (30) days from the date the court acquires jurisdiction IMPROVIDENT PLEA - It is a plea without information as to all
over the person of the accused. The time of the pendency of a the circumstances affecting it; base upon a mistaken
motion to quash or for a bill of particulars or other causes assumption or misleading information or advice.
justifying suspension of the arraignment shall be excluded in Section 4. Plea of guilty to non-capital offense; reception of
computing the period. (sec. 2, cir. 38-98) evidence, discretionary. — When the accused pleads guilty to
a non-capital offense, the court may receive evidence from the
Presence of the offended party parties to determine the penalty to be imposed. (4)
The private offended party is required to appear in
the agreement or the purpose of plea bargaining determination Consequences of plea of guilty - A plea of guilty is unqualified
of civil liability and other matters requiring his presence admission of the crime and of the attending circumstances all
edge in the complaint. Such plea removes the necessity of the
Arraignment- it means for bringing the accused into court and presenting further evidence and for all the intents and
informing him of the nature and cause of the accusation purposes the case is dammed tried on its merits and
against him. submitted for decision.

Arraignment and Plea; how made Section 5. Withdrawal of improvident plea of guilty. — At any
1. In open court where the complaint and information time before the judgment of conviction becomes final, the court
has been filed or assigned for trial. may permit an improvident plea of guilty to be withdrawn and
2. By the judge or clerk of court. be substituted by a plea of not guilty. (5)
3. By furnishing with the accused with the copy of the
complaint or information.
4. Reading it in a language or dialect known to the INSTANCES OF IMPROVIDENT PLEA:
accused. 1. Plea of guilty was compelled by violence or
5. Asking whether he pleads guilty or not guilty. intimidation
2. Accused did not fully understand the meaning and
Section 2. Plea of guilty to a lesser offense. — At arraignment, consequences of his plea.
the accused, with the consent of the offended party and the 3. Insufficient information to sustain the conviction of
prosecutor, may be allowed by the trial court to plead guilty to the offense charge.
a lesser offense which is necessarily included in the offense 4. Information does not charge an offense
charged. After arraignment but before trial, the accused may 5. Courts has no jurisdiction
still be allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the Section 6. Duty of court to inform accused of his right to
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counsel. — Before arraignment, the court shall inform the complainant and other witnesses in any investigation of the
accused of his right to counsel and ask him if he desires to offense conducted by the prosecution or other investigating
have one. Unless the accused is allowed to defend himself in officers, as well as any designated documents, papers, books,
person or has employed a counsel of his choice, the court accounts, letters, photographs, objects or tangible things not
must assign a counsel de oficio to defend him. (6a) otherwise privileged, which constitute or contain evidence
material to any matter involved in the case and which are in
4-FOLD DUTY OF THE COURT WHEN ACCUSED APPEARS the possession or under the control of the prosecution, police,
WITHOUT COUNSEL: or other law investigating agencies. (11a)
1. Inform the defendant that he has arrived to an
atty. Before being arraigned Rights to modes of discovery - Right to the accused to move
2. After informing him court must ask the defendant if for the production of material evidence in the possession of the
he desires to have the aid of an attorney prosecution . it authorizes the defense to inspect , copy or
3. If he desires but is an available to employ one the photograph any evidence of the prosecution in its possession
court must assign an attorney de officio to defend him of the court.
4. If the accused desires to procure an attorney of
his own the court must grant him reasonable time to do so. Section 11. Suspension of arraignment. — Upon motion by the
proper party, the arraignment shall be suspended in the
Section 7. Appointment of counsel de oficio. — The court, following cases:
considering the gravity of the offense and the difficulty of the (a) The accused appears to be suffering from an
questions that may arise, shall appoint as counsel de oficio unsound mental condition which effective renders
only such members of the bar in good standing who, by reason him unable to fully understand the charge against
of their experience and ability, can competently defend the him and to plead intelligently thereto. In such case,
accused. But in localities where such members of the bar are the court shall order his mental examination and, if
not available, the court may appoint any person, resident of necessary, his confinement for such purpose;
the province and of good repute for probity and ability, to (b) There exists a prejudicial question; and
defend the accused. (7a) (c) A petition for review of the resolution of the
prosecutor is pending at either the Department of
COUNSEL DE OFICIO - He is counsel appointed by the court Justice, or the Office of the President; provided, that
to represent and defend the accuse in case he cannot afford the period of suspension shall not exceed sixty (60)
to employ one himself days counted from the filing of the petition with the
reviewing office.
Section 8. Time for counsel de oficio to prepare for
arraignment. — Whenever a counsel de oficio is appointed by I. RULE 118 - PRETRIAL
the court to defend the accused at the arraignment, he shall be
given a reasonable time to consult with the accused as to his Section 1. Pre-trial; mandatory in
plea before proceeding with the arraignment. (8) criminal cases. – In all criminal
cases cognizable by the Sandiganbayan,
Generally, Reasonable time to prepare for trial is 2-15 days Regional Trial Court, Metropolitan
Generally, Reasonable time to prepare for arraignment is 30 Trial Court, Municipal Trial Court in
minutes to 1 hour Cities, Municipal Trial Court and
Municipal Circuit Trial Court, the
Section 9. Bill of particulars. — The accused may, before court shall, after arraignment and
arraignment, move for a bill of particulars to enable him within thirty (30) days from the date
properly to plead and to prepare for trial. The motion shall the court acquires jurisdiction over
specify the alleged defects of the complaint or information and the person of the accused, unless a
the details desired. (10a) shorter period is provided for in
special laws or circulars of the
Rules for bill of particulars - Accursed must remove for a bill of Supreme Court, order a pre-trial
particulars before arraignment to enable him to properly plead conference to consider the following:
prepare for trial. (a) Plea bargaining;
(b) Stipulation of facts;
Section 10. Production or inspection of material evidence in (c) Marking for identification of evidence of the parties;
possession of prosecution. — Upon motion of the accused (d) Waiver of objections to admissibility of evidence;
showing good cause and with notice to the parties, the court, (e) Modification of the order of trial if the accused admits
in order to prevent surprise, suppression, or alteration, may the charge but interposes a lawful defense; and
order the prosecution to produce and permit the inspection and (f) Such matters as will promote a fair and expeditious
copying or photographing of any written statement given by the trial of the criminal and civil aspects of the case.
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matters not disposed of, and control

Section 2. Pre-trial agreement. – All the course f the action during the
agreements or admissions made or trial, unless modified by the court to
entered during the pre-trial prevent manifest injustice.
conference shall be reduced in writing
and signed by the accused and counsel; PRE-TRIAL ORDER
otherwise, they cannot be used against It is an order issued by the court reciting the actions taken, the
the accused. The agreements covering facts stipulated and the evidence marked during the pre-trial
the matters referred to in section 1 conference. Such order binds the parties and limits the trial to
of this Rule shall be approved by the those matters not disposed of.
court.
J. RULE 119 – TRIAL
REQUIRED FORM OF PRE-TRIAL AGREEMENT:
1. Must be in writing Section 1. Time to prepare for trial. — After a plea of not guilty
2. Signed by the accused is entered, the accused shall have at least fifteen (15) days to
3. Signed by the counsel prepare for trial. The trial shall commence within thirty (30)
days from receipt of the pre-trial order. (sec. 6, cir. 38-98)
Note: If the required form is not observed, the pre-trial
agreement cannot be used against the accused. This is TRIAL – it is the examination before a competent tribunal
contrary to the rule on stipulation of facts during trial which according to the laws of the land of the facts put in issue in a
only requires the signature of counsel in order to be valid. case for the purpose of determining such issue.
Purpose of the Rule HEARING – it is not confined to trial but embraces the several
The requirements in sec. 2 are intended to further safeguard stages of litigation including the pre-trial stage.
the right of the accused against improvident or unauthorized
agreements or admissions which his counsel may have REQUISITE FOR TRIAL IN ABSENTIA
entered into without his knowledge. 2. The accused has been arraigned
3. He has been notified of the trial
Section 3. Non-appearance at pre-trial 4. His failure to appear is unjustified
conference. – If the counsel for the
accused or the prosecutor does not INSTANCES WHERE THE PRESENCE OF THE ACCUSED
appear at the pre-trial conference and IS REQUIRED BY LAW
does not offer an acceptable excuse 1. On arraignment
for his lack of cooperation, the court 2. Promulgation of judgment except for light offences
may impose proper sanctions or 3. For identification purposes
penalties. 4. When the court with due notice requires law so
The court may impose proper penalties and
sanctioned for non-appearance during the pre-trial conference Section 2. Continuous trial until terminated; postponements. —
by the counsel for the accused or the prosecutor without Trial once commenced shall continue from day to day as far as
acceptable cause. The reason for this is in order to enforce the practicable until terminated. It may be postponed for a
mandatory nature of pre-trial in criminal cases. reasonable period of time for good cause. (2a)
The sanctions may be in the form of reprimand, fine, The court shall, after consultation with the prosecutor
or imprisonment. In as much as this is similar to indirect and defense counsel, set the case for continuous trial on a
contempt of court, the penalty for indirect contempt of court weekly or other short-term trial calendar at the earliest possible
may be imposed. time so as to ensure speedy trial. In no case shall the entire
The court may only impose sanctions for non- trial period exceed one hundred eighty (180) days from the first
appearance on counsel or the prosecutor not on the accused. day of trial, except as otherwise authorized by the Supreme
The reason why the accused is not required to appear is that Court. (sec. 8, cir. 38-98).
to include him among the mandatory parties might violate his The time limitations provided under this section and
constitutional right to remain silent. the preceding section shall not apply where special laws or
circulars of the Supreme Court provide for a shorter period of
Section 4. Pre-trial order. – After trial. (n)
the pre-trial conference, the court
shall issue an order reciting the Section 3. Exclusions. — The following periods of delay shall
actions taken, the facts stipulated, be excluded in computing the time within which trial must
and evidence marked. Such order shall commence:
bind the parties, limit the trial to
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(a) Any period of delay resulting from other determining whether to grant a continuance under section 3(f)
proceedings concerning the accused, including but of this Rule.
not limited to the following: (d) Whether or not the failure to grant a continuance in
(1) Delay resulting from an examination of the the proceeding would likely make a continuation of
physical and mental condition of the accused; such proceeding impossible or result in a
(2) Delay resulting from proceedings with respect to miscarriage of justice; and
other criminal charges against the accused; (e) Whether or not the case taken as a whole is so
(3) Delay resulting from extraordinary remedies novel, unusual and complex, due to the number of
against interlocutory orders; accused or the nature of the prosecution, or that it
(4) Delay resulting from pre-trial proceedings; is unreasonable to expect adequate preparation
provided, that the delay does not exceed thirty within the periods of time established therein.
(30) days; In addition, no continuance under section 3(f) of this Rule
(5) Delay resulting from orders of inhibition, or shall be granted because of congestion of the court's calendar
proceedings relating to change of venue of or lack of diligent preparation or failure to obtain available
cases or transfer from other courts; witnesses on the part of the prosecutor. (sec. 10, cir. 38-98)
(6) Delay resulting from a finding of the existence of
a prejudicial question; and Section 5. Time limit following an order for new trial. — If the
(7) Delay reasonably attributable to any period, not accused is to be tried again pursuant to an order for a new
exceed thirty (30) days, during which any trial, the trial shall commence within thirty (30) days from
proceeding which any proceeding concerning notice of the order, provided that if the period becomes
the accused is actually under advisement. impractical due to unavailability of witnesses and other factors,
the court may extend it but not to exceed one hundred eighty
(b) Any period of delay resulting from the absence or (180) days from notice of said order for a new trial. (sec. 11,
unavailability of an essential witness. cir. 38-98)
For purposes of this subparagraph, an essential
witness shall be considered absent when his GENERAL RULE
whereabouts are unknown or his whereabouts After an order for new trial is issued the trial commences within
cannot be determined by due diligence. He shall be 30 days from notice of the order
considered unavailable whenever his whereabouts
are known but his presence for trial cannot be Section 6. Extended time limit. — Notwithstanding the
obtained by due diligence. provisions of section 1(g), Rule 116 and the preceding section
(c) Any period of delay resulting from the mental 1, for the first twelve-calendar-month period following its
incompetence or physical inability of the accused to affectivity on September 15, 1998, the time limit with respect to
stand trial. the period from arraignment to trial imposed by said provision
(d) If the information is dismissed upon motion of the shall be one hundred eighty (180) days. For the second
prosecution and thereafter a charge is filed against twelve-month period, the limit shall be one hundred twenty
the accused for the same offense, any period of (120) days, and for the third twelve-month period, the time limit
delay from the date the charge was dismissed to shall be eighty (80) days. (sec. 7, cir. 38-98)
the date the time limitation would commence to run
as to the subsequent charge had there been no Section 7. Public attorney's duties where accused is
previous charge. imprisoned. — If the public attorney assigned to defend a
(e) A reasonable period of delay when the accused is person charged with a crime knows that the latter is
joined for trial with a co-accused over whom the preventively detained, either because he is charged with a
court has not acquired jurisdiction, or, as to whom bailable crime but has no means to post bail, or, is charged
the time for trial has not run and no motion for with a non-bailable crime, or, is serving a term of imprisonment
separate trial has been granted. in any penal institution, it shall be his duty to do the following:
(f) Any period of delay resulting from a continuance (a) Shall promptly undertake to obtain the presence of
granted by any court motu proprio, or on motion of the prisoner for trial or cause a notice to be served
either the accused or his counsel, or the on the person having custody of the prisoner
prosecution, if the court granted the continuance on requiring such person to so advise the prisoner of his
the basis of its findings set forth in the order that the right to demand trial.
ends of justice served by taking such action (b) Upon receipt of that notice, the custodian of the
outweigh the best interest of the public and the prisoner shall promptly advise the prisoner of the
accused in a speedy trial. (sec. 9, cir. 38-98) charge and of his right to demand trial. If at anytime
thereafter the prisoner informs his custodian that he
Section 4. Factors for granting continuance. — The following demands such trial, the latter shall cause notice to
factors, among others, shall be considered by a court in that effect to sent promptly to the public attorney.
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(c) Upon receipt of such notice, the public attorney shall extended by Section 6 of this rule, the information may be
promptly seek to obtain the presence of the prisoner dismissed on motion of the accused on the ground of denial of
for trial. his right of speedy trial. The accused shall have the burden of
(d) When the custodian of the prisoner receives from the proving the motion but the prosecution shall have the burden
public attorney a properly supported request for the of going forward with the evidence to establish the exclusion of
availability of the prisoner for purposes of trial, the time under section 3 of this rule. The dismissal shall be subject
prisoner shall be made available accordingly. (sec. to the rules on double jeopardy.
12, cir. 38-98) Failure of the accused to move for dismissal prior to
trial shall constitute a waiver of the right to dismiss under this
Section 8. Sanctions. — In any case in which private counsel section. (sec. 14, cir. 38-98)
for the accused, the public attorney, or the prosecutor.
(a) Knowingly allows the case to be set for trial without Section 10. Law on speedy trial not a bar to provision on
disclosing that a necessary witness would be speedy trial in the Constitution. — No provision of law on
unavailable for trial; speedy trial and no rule implementing the same shall be
(b) Files a motion solely for delay which he knows is interpreted as a bar to any charge of denial of the right to
totally frivolous and without merit; speedy trial guaranteed by section 14(2), article III, of the 1987
(c) Makes a statement for the purpose of obtaining Constitution. (sec. 15, cir. 38-98)
continuance which he knows to be false and which
is material to the granting of a continuance; or Section 11. Order of trial. — The trial shall proceed in the
(d) Willfully fails to proceed to trial without justification following order:
consistent with the provisions hereof, the court may (a) The prosecution shall present evidence to prove
punish such counsel, attorney, or prosecution, as the charge and, in the proper case, the civil liability.
follows: (b) The accused may present evidence to prove his
(1) By imposing on a counsel privately defense, and damages, if any, arising from the issuance of a
retained in connection with the defense of provisional remedy in the case.
an accused, a fine not exceeding twenty (c) The prosecution and the defense may, in that
thousand pesos (P20,000.00); order, present rebuttal and sur-rebuttal evidence unless the
(2) By imposing on any appointed counsel de court, in furtherance of justice, permits them to present
oficio, public attorney, or prosecutor a fine additional evidence bearing upon the main issue.
not exceeding five thousand pesos (d) Upon admission of the evidence of the parties,
(P5,000.00); and the case shall be deemed submitted for decision unless the
(3) By denying any defense counsel or court directs them to argue orally or to submit written
prosecutor the right to practice before the memoranda.
court trying the case for a period not (e) When the accused admits the act or omission
exceeding thirty (30) days. The punishment charged in the complaint or information but interposes a lawful
provided for by this section shall be without defense, the order of trial may be modified. (3a)
prejudice to any appropriate criminal action
or other sanction authorized under these GENERAL RULE
rules. (sec. 13, cir. 38-98) The order in the presentation of evidence must be
followed. The accused may not be required to present his
THE SANCTIONS evidence first before the prosecution adduces its own proof
a. private defense counsel fined not exceeding 20,000 NEGATIVE DEFENSE AFFIRMATIVE DEFENSE
pesos + criminal sanctions if any Requires the prosecution The accused admits the acts
b. counsel de officio, public attorney or prosecutor- to proved the guilt of the or omission charged but
fine not exceeding 5,000 pesos + criminal sanction accused beyond interposes a defense which is
if any reasonable doubt proven would exculpate him
c. defense counsel or prosecutor denial of the right to Accused claims that one of
practice before the court trying the case for a period the elements of the
not exceeding 30 days + criminal sanction if any offense charged is not
KINDS OF SANCTIONS UNDER THIS SECTION present it is incumbent
1. Criminal upon the prosecution to
2. Administrative prove the existence of this
3. Contempt of the court element

Section 9. Remedy where accused is not brought to trial within Section 12. Application for examination of witness for accused
the time limit. — If the accused is not brought to trial within the before trial. — When the accused has been held to answer for
time limit required by Section 1(g), Rule 116 and Section 1, as
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an offense, he may, upon motion with notice to the other May be made if the witness Cannot be made even if the
parties, have witnesses conditionally examined in his behalf. resides more than 100km. witness resides more than
The motion shall state: (a) the name and residence of the from the place of trial 100km. from the place of
witness; (b) the substance of his testimony; and (c) that the trial
witness is sick or infirm as to afford reasonable ground for
believing that he will not be able to attend the trial, or resides Section 16. Trial of several accused. — When two or more
more than one hundred (100) kilometers from the place of trial accused are jointly charged with any offense, they shall be
and has no means to attend the same, or that other similar tried jointly unless the court, in its discretion and upon motion
circumstances exist that would make him unavailable or of the prosecutor or any accused, orders separate trial for one
prevent him from attending the trial. The motion shall be or more accused. (8a)
supported by an affidavit of the accused and such other
evidence as the court may require. (4a) Section 17. Discharge of accused to be state witness. —When
two or more persons are jointly charged with the commission
Section 13. Examination of defense witness; how made. — If of any offense, upon motion of the prosecution before resting
the court is satisfied that the examination of a witness for the its case, the court may direct one or more of the accused to be
accused is necessary, an order will be made directing that the discharged with their consent so that they may be witnesses
witness be examined at a specified date, time and place and for the state when, after requiring the prosecution to present
that a copy of the order be served on the prosecutor at least evidence and the sworn statement of each proposed state
three (3) days before the scheduled examination. The witness at a hearing in support of the discharge, the court is
examination shall be taken before a judge, or, if not satisfied that:
practicable, a member of the Bar in good standing so (a) There is absolute necessity for the testimony of the
designated by the judge in the order, or if the order be made accused whose discharge is requested;
by a court of superior jurisdiction, before an inferior court to be (b) The is no other direct evidence available for the
designated therein. The examination shall proceed proper prosecution of the offense committed,
notwithstanding the absence of the prosecutor provided he except the testimony of said accused;
was duly notified of the hearing. A written record of the (c) The testimony of said accused can be substantially
testimony shall be taken. (5a) corroborated in its material points;
(d) Said accused does not appear to be the most guilty;
Section 14. Bail to secure appearance of material witness. — and
When the court is satisfied, upon proof or oath, that a material (e) Said accused has not at any time been convicted of
witness will not testify when required, it may, upon motion of any offense involving moral turpitude.
either party, order the witness to post bail in such sum as may Evidence adduced in support of the discharge shall
be deemed proper. Upon refusal to post bail, the court shall automatically form part of the trial. If the court denies the
commit him to prison until he complies or is legally discharged motion for discharge of the accused as state witness, his
after his testimony has been taken. (6a) sworn statement shall be inadmissible in evidence. (9a)

Section 15. Examination of witness for the prosecution. — STATE WITNESS

When it satisfactorily appears that a witness for the One of two or more person jointly charged with the
prosecution is too sick or infirm to appear at the trial as commission of a crime but who is discharged with his consent
directed by the order of the court, or has to leave the as such accused so that he ma be a witness for the state.
Philippines with no definite date of returning, he may forthwith
be conditionally examined before the court where the case is TWO TYPES OF IMMUNITY
pending. Such examination, in the presence of the accused, or 1. Transactional immunity- witness can no longer be
in his absence after reasonable notice to attend the prosecuted for any offense what so ever arising out of the act
examination has been served on him, shall be conducted in or transaction
the same manner as an examination at the trial. Failure or 2. Used and derivatives used immunity – witness is
refusal of the accused to attend the examination after notice only assured that his/her particular testimony and evidence
shall be considered a waiver. The statement taken may be derived from it will not be used against him
admitted in behalf of or against the accused. (7a)
EXAMINATIONS OF EXAMINATION OF GENERAL RULE
DEFENSE WITNESS PROSECUTION WITNESS A co-conspirator may testify against the other co-
Conducted before any judge Conducted only before the conspirator even if not done from clandestinely provided it
member of the bar in good judge or the court where the must be received by the court with caution and must be
standing or before any case is pending substantially corroborated and its material points.
inferior court
No right to cross examine Right to cross examine
Section 18. Discharge of accused operates as acquittal. —
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The order indicated in the preceding section shall amount to motion within a non-extendible period of five (5) days from its
an acquittal of the discharged accused and shall be a bar to receipt.
future prosecution for the same offense, unless the accused If leave of court is granted, the accused shall file the
fails or refuses to testify against his co-accused in accordance demurrer to evidence within a non-extendible period of ten (10)
with his sworn statement constituting the basis for the days from notice. The prosecution may oppose the demurrer
discharge. (10a) to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file
Section 19. When mistake has been made in charging the demurrer to evidence or the demurrer itself shall not be
proper offense. — When it becomes manifest at any time reviewable by appeal or by certiorari before judgment. (n)
before judgment that a mistake has been made in charging the Section 24. Reopening. — At any time before finality of the
proper offense and the accused cannot be convicted of the judgment of conviction, the judge may, motu proprio or upon
offense charged or any other offense necessarily included motion, with hearing in either case, reopen the proceedings to
therein, the accused shall not be discharged if there appears avoid a miscarrage of justice. The proceedings shall be
good cause to detain him. In such case, the court shall commit terminated within thirty (30) days from the order grating it. (n)
the accused to answer for the proper offense and dismiss the
original case upon the filing of the proper information. (11a)
K. RULE 120 – JUDGEMENT
Section 20. Appointment of acting prosecutor. — When a
prosecutor, his assistant or deputy is disqualified to act due to Section 1. Judgment definition and form. — Judgment is the
any of the grounds stated in section 1 of Rule 137 or for any adjudication by the court that the accused is guilty or not guilty
other reasons, the judge or the prosecutor shall communicate of the offense charged and the imposition on him of the proper
with the Secretary of Justice in order that the latter may penalty and civil liability, if any. It must be written in the official
appoint an acting prosecutor. (12a) language, personally and directly prepared by the judge and
signed by him and shall contain clearly and distinctly a
Section 21. Exclusion of the public. — The judge may, motu statement of the facts and the law upon which it is based. (1a)
proprio, exclude the public from the courtroom if the evidence
to be produced during the trial is offensive to decency or public REQUISITES OF JUDGMENT:
morals. He may also, on motion of the accused, exclude the 1. Written in official language.
public from the trial, except court personnel and the counsel of 2. Personally and directly prepared by the judge.
the parties. (13a) 3. Signed by him.
4. Contains clearly and distinctly a statement of the
GENERAL RULE facts and the law upon which it is based.
The accused has the right to public trial and under
ordinary circumstances the court may not close the door of the Section 2. Contents of the judgment. — If the judgment is of
court room to the general public. conviction, it shall state (1) the legal qualification of the offense
constituted by the acts committed by the accused and the
Section 22. Consolidation of trials of related offenses. — aggravating or mitigating circumstances which attended its
Charges for offenses founded on the same facts or forming commission; (2) the participation of the accused in the offense,
part of a series of offenses of similar character may be tried whether as principal, accomplice, or accessory after the fact;
jointly at the discretion of the court. (14a) (3) the penalty imposed upon the accused; and (4) the civil
liability or damages caused by his wrongful act or omission to
Section 23. Demurrer to evidence. — After the prosecution be recovered from the accused by the offended party, if there
rests its case, the court may dismiss the action on the ground is any, unless the enforcement of the civil liability by a
of insufficiency of evidence (1) on its own initiative after giving separate civil action has been reserved or waived.
the prosecution the opportunity to be heard or (2) upon In case the judgment is of acquittal, it shall state
demurrer to evidence filed by the accused with or without whether the evidence of the prosecution absolutely failed to
leave of court. prove the guilt of the accused or merely failed to prove his guilt
If the court denies the demurrer to evidence filed beyond reasonable doubt. In either case, the judgment shall
with leave of court, the accused may adduce evidence in his determine if the act or omission from which the civil liability
defense. When the demurrer to evidence is filed without leave might arise did not exist. (2a)
of court, the accused waives the right to present evidence and
submits the case for judgment on the basis of the evidence for Alternative penalties
the prosecution. (15a) A judge cannot impose alternative penalties
The motion for leave of court to file demurrer to (reclusion perpetua or P10,000.00 fine) because this would
evidence shall specifically state its grounds and shall be filed allow the accused to choose which penalty to serve giving the
within a non-extendible period of five (5) days after the accused discretion property belonging to the court
prosecution rests its case. The prosecution may oppose the
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REASONABLE DOUBT – State of the case which after full accused personally or through his bondsman or warden and
consideration of all the evidence leaves the mind of the judge counsel, requiring him to be present at the promulgation of the
in such a condition that he cannot say that he fails an abiding decision. If the accused tried in absentia because he jumped
conviction to a moral certain thing of the truth of the charged bail or escaped from prison, the notice to him shall be served
at his last known address.
Section 3. Judgment for two or more offenses. — When two or In case the accused fails to appear at the scheduled
more offenses are charged in a single complaint or information date of promulgation of judgment despite notice, the
but the accused fails to object to it before trial, the court may promulgation shall be made by recording the judgment in the
convict him of as many offenses as are charged and proved, criminal docket and serving him a copy thereof at his last
and impose on him the penalty for each offense, setting out known address or thru his counsel.
separately the findings of fact and law in each offense. (3a) If the judgment is for conviction and the failure of the
accused to appear was without justifiable cause, he shall lose
Section 4. Judgment in case of variance between allegation the remedies available in these rules against the judgment and
and proof. — When there is variance between the offense the court shall order his arrest. Within fifteen (15) days from
charged in the complaint or information and that proved, and promulgation of judgment, however, the accused may
the offense as charged is included in or necessarily includes surrender and file a motion for leave of court to avail of these
the offense proved, the accused shall be convicted of the remedies. He shall state the reasons for his absence at the
offense proved which is included in the offense charged, or of scheduled promulgation and if he proves that his absence was
the offense charged which is included in the offense proved. for a justifiable cause, he shall be all
(4a)
Rules on promulgation of judgment
Section 5. When an offense includes or is included in another. - Judgment must be rendered and promulgated during the
— An offense charged necessarily includes the offense proved incumbency of the judge who signed it.
when some of the essential elements or ingredients of the - The judgment must be read in its entirely for double jeopardy
former, as alleged in the complaint or information, constitute to attach.
the latter. And an offense charged is necessarily included in - The presence of counsel during promulgation is not
the offense proved, when the essential ingredients of the necessary
former constitute or form a part of those constituting the latter. - Generally, the accused must be present during promulgation
(5a) of judgment owed to avail of said remedies within fifteen (15)
days from notice. (6a)
GENERAL RULE: The accused may only be convicted of a
crime that is both charged and proved. Section 7. Modification of judgment. — A judgment of
conviction may, upon motion of the accused, be modified or
EXCEPTION: If there is variance between the crime charged set aside before it becomes final or before appeal is perfected.
and the crime proved the accused shall be convicted of the Except where the death penalty is imposed, a judgment
offense proved which is included in the offense charged or of becomes final after the lapse of the period for perfecting an
the offense charged which is included in the offense proved appeal, or when the sentence has been partially or totally
satisfied or served, or when the accused has waived in writing
Section 6. Promulgation of judgment. — The judgment is his right to appeal, or has applied for probation. (7a)
promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. However, if the Section 8. Entry of judgment. — After a judgment has become
conviction is for a light offense, the judgment may be final, it shall be entered in accordance with Rule 36. (8)
pronounced in the presence of his counsel or representative.
When the judge is absent or outside of the province or city, the Rule 36 is entitled, “Judgments, Final Orders and Entry
judgment may be promulgated by the clerk of court. Thereof.” While Rule 36 falls under the subject of Civil
If the accused is confined or detained in another Procedure, some of its provisions may be applied in criminal
province or city, the judgment may be promulgated by the procedure.
executive judge of the Regional Trial Court having jurisdiction
over the place of confinement or detention upon request of the MITTIMUS
court which rendered the judgment. The court promulgating It is a process issued by the court after conviction to carry out
the judgment shall have authority to accept the notice of the final judgment
appeal and to approve the bail bond pending appeal; provided,
that if the decision of the trial court convicting the accused Section 9. Existing provisions governing suspension of
changed the nature of the offense from non-bailable to sentence, probation and parole not affected by this Rule. —
bailable, the application for bail can only be filed and resolved Nothing in this Rule shall affect any existing provisions in the
by the appellate court. laws governing suspension of sentence, probation or parole.
The proper clerk of court shall give notice to the (9a)
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It is statutory and must be exercised in accordance with the

The suspension of sentence, probation or parole are procedure laid down by law.
governed by substantive law such as the It is compellable by mandamus.
Indeterminate ,Sentence Law and the Probation law. These
laws have never been modified or affected by the Rules of GENERAL RULE
Court An appeal by the prosecution from the order of dismissal is not
allowed because it will violate the rule on double jeopardy.
EXCEPTIONS FOR SUSPENSION OF SENTENCE OF
YOUTHFUL OFFENDERS EXCEPTIONS
1. Offender has enjoyed previous suspension of 1. The dismissal is made upon the motion or with
sentence express consent of the defendants.
2. Offender is convicted of crime punishable by 2. Question to be passed upon by the appellate court is
death or life imprisonment purely legal so that should the dismissal be found
3. Offender is convicted by a military tribunal incorrect, the case would be remanded to the court
4. Offender is already of age at the time of of the origin for further proceedings.
sentencing even if he was a minor at the time of Appeal in a criminal are perfected when the
the commission of the crime interested parties have personality or through their counsel
filed with the clerk of court a written notice expressly stating
PROBATION the appeal. (U.S vs Tenono, 37 phil. 7, Elergado vs. tavora ,
The period to file an application for probation is after the 59 phil.140)
accused shall have been convicted by the trial court and within When an appeal has been perfected, the court quo close
the period for perfecting an appeal. jurisdiction.
Probation is mere privilege and is revocable before final
discharged of the probationer by the court. EFFECT OF AN APPEAL
An appeal in a criminal case opens the whole case for review.
SENTENCE IMPOSED PERIOD OF PROBATION This includes the review of the penalty, indemnity and
Not more than one year Not more than two years damages involved.
More than one year Not more than 6 years
Fine only, but offender At least equal to the number
serves subsidiary of days of subsidiary APPEAL OF A JUDGEMENT APPEAL OF AN ORDER
imprisonment imprisonment but not more
than twice such period Must be perfected within 15 Must be perfected within
days from promulgation. 15 days from notice of the
L. RULE 122 – APPEAL final.

Section 1. Who may appeal. — Any party may appeal from a Section 3. How appeal taken. —
judgment or final order, unless the accused will be placed in (a) The appeal to the Regional Trial Court, or to the
double jeopardy. (2a) Court of Appeals in cases decided by the Regional
Trial Court in the exercise of its original jurisdiction,
Section 2. Where to appeal. — The appeal may be taken as shall be taken by filing a notice of appeal with the
follows: court which rendered the judgment or final order
(a) To the Regional Trial Court, in cases decided by the appealed from and by serving a copy thereof upon
Metropolitan Trial Court, Municipal Trial Court in the adverse party.
Cities, Municipal Trial Court, or Municipal Circuit Trial (b) The appeal to the Court of Appeals in cases decided
Court; by the Regional Trial Court in the exercise of its
(b) To the Court of Appeals or to the Supreme Court in appellate jurisdiction shall be by petition for review
the proper cases provided by law, in cases decided under Rule 42.
by the Regional Trial Court; and (c) The appeal to the Supreme Court in cases where the
(c) To the Supreme Court, in cases decided by the penalty imposed by the Regional Trial Court is death,
Court of Appeals. (1a) reclusion perpetua, or life imprisonment, or where a
lesser penalty is imposed but for offenses committed
APPEAL on the same occasion or which arose out of the
A proceeding interview by which the whole case is transferred same occurrence that gave rise to the more serious
on the higher court. offense for which the penalty of death, reclusion
Appeal is not a part of due process except when provided by perpetua, or life imprisonment is imposed, shall be
law by the constitution. by filing a notice of appeal in accordance with
paragraph (a) of this section.
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(d) No notice of appeal is necessary in cases where the Sandiganbayan in its

death penalty is imposed by the Regional Trial Court. original jurisdiction SC Automatic
The same shall be automatically reviewed by the where penalty review
Supreme Court as provided in section 10 of this imposed is
Rule. ( death )reclusion
(e) Except as provided in the last paragraph of section perpetua
13, Rule 124, all other appeals to the Supreme Court Sandiganbayan,in its File a notice of
shall be by petition for review on certiorari under appellate jurisdiction SC appeal
Rules 45. (3a) where penalty
imposed is ( death )
APPEAL OF A APPEAL TO HOW reclusion perpetua, or
JUDGEMENT life imprisonment
MTC, from a case File notice of
decided in its original RTC appeal with the Section 4. Publication of notice of appeal. — If personal
jurisdiction MTC and serve service of the copy of the notice of appeal can not be made
a copy of the upon the adverse party or his counsel, service may be done by
notice to the registered mail or by substituted service pursuant to sections 7
adverse party. and 8 of Rule 13. (4a)

RTC in the exercise of File notice of Section 5. Waiver of notice. — The appellee may waive his
its original jurisdiction appeal with the right to a notice that an appeal has been taken. The appellate
for an imposed CA RTC and serve court may, in its discretion, entertain an appeal
penalty less than a copy of the notwithstanding failure to give such notice if the interests of
reclusion perpetua, notice to the justice so require. (5a)
life imprisonment( and adverse party.
death ) Section 6. When appeal to be taken. — An appeal must be
taken within fifteen (15) days from promulgation of the
judgment or from notice of the final order appealed from. This
RTC exercise of its File a petition period for perfecting an appeal shall be suspended from the
appellate jurisdiction. CA for review with time a motion for new trial or reconsideration is filed until
the CA under notice of the order overruling the motion shall have been
rule 42. served upon the accused or his counsel at which time the
balance of the period begins to run. (6a)
RTC where the Automatic
penalty imposed is CA review. Section 7. Transcribing and filing notes of stenographic
reclussion perpetua of reporter upon appeal. — When notice of appeal is filed by the
life imprisonment, OR accused, the trial court shall direct the stenographic reporter to
where lesser penalty transcribe his notes of the proceedings. When filed by the
is imposed for the People of the Philippines, the trial court shall direct the
same occasion of stenographic reporter to transcribe such portion of his notes of
which arose out of the the proceedings as the court, upon motion, shall specify in
same occurrence. writing. The stenographic reporter shall certify to the
That gave rise to the correctness of the notes and the transcript thereof, which shall
offense punishable by consist of the original and four copies, and shall file the original
( death ) Reclusion and four copies with the clerk without unnecessary delay.
perpetua or life If death penalty is imposed, the stenographic
imprisonment reporter shall, within thirty (30) days from promulgation of the
All other appeals SC Petition for sentence, file with the clerk original and four copies of the duly
review on certified transcript of his notes of the proceedings. No
certiorari under extension of time for filing of said transcript of stenographic
rule 45 notes shall be granted except by the Supreme Court and only
upon justifiable grounds. (7a)
Sandiganbayan SC Petition for
review on Section 8. Transmission of papers to appellate court upon
certiorari under appeal. — Within five (5) days from the filing of the notice of
rule 45 appeal, the clerk of the court with whom the notice of appeal

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was filed must transmit to the clerk of court of the appellate Municipal Trial Court, or Municipal Circuit Trial Court to
court the complete record of the case, together with said withdraw his appeal, provided a motion to that effect is filed
notice. The original and three copies of the transcript of before rendition of the judgment in the case on appeal, in
stenographic notes, together with the records, shall also be which case the judgment of the court of origin shall become
transmitted to the clerk of the appellate court without undue final and the case shall be remanded to the latter court for
delay. The other copy of the transcript shall remain in the lower execution of the judgment. (12a)
court. (8a)
Section 13. Appointment of counsel de oficio for accused on
Section 9. Appeal to the Regional Trial Courts. — appeal. — It shall be the duty of the clerk of the trial court,
(a) Within five (5) days from perfection of the appeal, the upon filing of a notice of appeal, to ascertain from the
clerk of court shall transmit the original record to the appellant, if confined in prison, whether he desires the
appropriate Regional Trial Court. Regional Trial Court, Court of Appeals or the Supreme Court
(b) Upon receipt of the complete record of the case, to appoint a counsel de oficio to defend him and to transmit
transcripts and exhibits, the clerk of court of the with the record on a form to be prepared by the clerk of court
Regional Trial Court shall notify the parties of such of the appellate court, a certificate of compliance with this duty
fact. and of the response of the appellant to his inquiry. (13a)
(c) Within fifteen (15) days from receipt of the said
notice, the parties may submit memoranda or briefs, RULE 123
or may be required by the Regional Trial Court to do Procedure in the Municipal Trial Courts
so. After the submission of such memoranda or
briefs, or upon the expiration of the period to file the Section 1. Uniform Procedure. —The procedure to be
same, the Regional Trial Court shall decide the case observed in the Metropolitan Trial Courts, Municipal Trial
on the basis of the entire record of the case and of Courts and Municipal Circuit Trial Courts shall be the same as
such memoranda or briefs as may have been filed. in the Regional Trial Courts, except where a particular
(9a) provision applies only to either of said courts and in criminal
cases governed by the Revised Rule on Summary Procedure.
Section 10. Transmission of records in case of death penalty. (1a)
— In all cases where the death penalty is imposed by the trial
court, the records shall be forwarded to the Supreme Court for EXCEPTIONS
automatic review and judgment within five (5) days after the 1. Particular provision is made applicable only to either
fifteenth (15) day following the promulgation of the judgment or of such court.
notice of denial of a motion for new trial or reconsideration. 2. In cases governed by the rule on summary
The transcript shall also be forwarded within ten (10) days procedure.
after the filing thereof by the stenographic reporter. (10a)

Section 11. Effect of appeal by any of several accused. —

(a) An appeal taken by one or more of several
accused shall not affect those who did not appeal, except
insofar as the judgment of the appellate court is favorable and
applicable to the latter;
(b) The appeal of the offended party from the civil
aspect shall not affect the criminal aspect of the judgment or
order appealed from.
(c) Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall be stayed as to
the appealing party. (11a)

Section 12. Withdrawal of appeal. — Notwithstanding the

perfection of the appeal, the Regional Trial Court, Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court, as the case may be,
may allow the appellant to withdraw his appeal before the
record has been forwarded by the clerk of court to the proper
appellate court as provided in section 8, in which case the
judgment shall become final. The Regional Trial Court may
also, in its discretion, allow the appellant from the judgment of
a Metropolitan Trial Court, Municipal Trial Court in Cities,
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CHAPTER V
CORRECTIONAL PILLARS
(THE REFORMER)

A. WHAT IS CORRECTIONS?
 The attitude and response of society to the criminal
behavior of the offender.
 It is defined as the branch of administration of criminal
justice charged with the custody, supervision and
rehabilitation of offenders.
 The fourth pillar of the CJS and often known as the
weakest pillar. This is due to an assumption that
correctional institutions cannot rehabilitate offenders, which
is manifested through the increase of criminalities and
recidivism
 The branch of the administration of CJS charged with the
responsibility for the custody, supervision and rehabilitation
of convicted offenders
 It is that field of criminal justice administration which utilizes
the body of knowledge and practices of the government
and the society in general involving the process of handling
individuals who have been convicted of offenses for
purposes of crime prevention and control.
 It is the STUDY OF JAIL OR PRISON MANAGEMENT
AND ADMINISTRATION as well as the rehabilitation and
reformation of criminals.
 It is a GENERIC TERM that includes all government
agencies, facilities, programs, procedures, personnel, and
techniques concerned with the investigation, intake,
custody, confinement, supervision, or treatment of alleged
offenders.

PENOLOGY – part of the science of criminology which

scientifically studies the principle of punishment and the
management of prisons, reformatories and other confinement

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units. The birth of penology is also considered as the birth of a 1.3. OPERATING UNITS OF THE BUREAU OF
humane approach in the administration of justice. CORRECTIONS LOCATED NATIONWIDE

CORRECTION SYSTEMS are entrusted to take care of the New Bilibid Prison The NBP was established in
treatment and rehabilitation of programs for all convicted (Muntinlupa City) 1935 due to the increased
criminals and delinquents for eventual reintegration in the free rate of prisoners.
community. Two satellite camps:
1. Camp Sampaguita
B. THE PHILIPPINE CORRECTIONAL SYSTEM (Medium Security)
2. Camp Bukang Liwayway
1.1. EARLY PRISONS IN THE PHILIPPINES (Minimum Security)
The formal prison system in the Philippines It also houses the Reception
started only during the Spanish regime. Established in and Diagnostic Center (RDC)
1847 pursuant to Section 1708 of the Revised Correctional Institution for - Found in Mandaluyong
Administrative Code and formally opened by Royal Decree Women(CIW) City
in 1865, the Old Bilibid Prison was constructed as the main - It was established in 1931
penitentiary in Oroquieta Street, Manila and designed to by virtue of Act 3579
house the prison population of the country. passed on November 27,
The Old Bilibid Prison, then known as Carcel y 1929
Presidio Correccional (Spanish, "Correctional Jail and - Consists of 18 hectares
Military Prison") occupied a rectangular piece of land which - It is the one and only
was part of the Mayhalique Estate in the heart of Manila. prison for women in the
The old prison was established on June 25, 1865. Philippines.
In 1936 the City of Manila exchanges its San Ramon Prison and - Founded by Captain
Muntinlupa property with the Bureau of Prisons originally Penal Farm Ramon Blanco of the
intended as a site for boys’ training school. Spanish Royal Army.
Today, the Old Bilibid prison is now being used - It was established for the
as the Manila City Jail, famous as the “May Haligue confinement of Muslim and
Estate”. Political offenders.
In 1941 the new facility was officially named "The (Located in Zamboanga
New Bilibid Prison". City)
- Established on August 21,
1.2. BUREAU OF CORRECTIONS 1869.
Bureau of Prisons was renamed Bureau of - The oldest correctional
Corrections under EO 292 passed during the Aquino facility in the country
administration. - Has an area of 1,246
It is headed by a Director appointed by the hectares, with the
President of the Philippines with the confirmation of the - Principal Product-COPRA
Commission on Appointment. - SecondaryProduct- Rice,
Corn, Coffee, Cattle and
E.O. 292 live stocks.
-- Date of the issuance, July 25, 1987 Iwahig Prison and Penal - It was from this facility that
– Otherwise known as Revised Administrative Code of and Farm (former luhit the term “Prison Without
1987. penal settlement ) Walls” had its beginning
Sections 1705 – 1751, RAC of 1987 - The Prison Law in - established on the orders
the Philippines of Governor Forbes who
“One important feature of
--It renamed the Bureau of Prisons to Bureau of was then the Secretary of
the Iwahig Penal Colony
Corrections commerce and police.
is the privilege granted to
colonist to have their - It has a land total area of
The Bureau of Corrections (BuCor or BC) families transported to the 36,000 hectares.
(Filipino: Kawanihan ng Koreksiyon) (KK) is an agency of colony at government - Established on Nov. 16,
the DOJ which is charged with the custody and expense and to live with 1904
rehabilitation of national offenders. them in the village. The - It was used originally for
The agency has its headquarters in the New institution maintains the confinement of
Bilibid Prison Reservation in Muntinlupa City.The NBP various community incorrigibles and
resources such as school, intractable prisoners.

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churches, recreation - In 1905, it was reconverted LagumDev’t Company in a

centers, Post Exchange for the confinement of well 3,000 hectares banana
centers, hospitals and behave and tractable plantation – exported to
clinics for the colonist and prisoners. Saudi – Arabic, Egypt
their families. The - Tagumpay Settlement - others.
colonies who have there Owing to its vast land Sablayan Prison and - Founded on Sept. 27,
families with them are holdings, allocated 1000 Penal Farm 1954 by virtue of
assign a piece o f land to hectares which were Proclamation Number 72
cultivate and are distributed to released dated September 27,
encourage to raise poultry inmates who want to settle 1954.
and livestock for their for good in Palawan. - It consists of 16,190
personal use. Their - Each released prisoner hectares in Sablayan,
products are sold by the awardees is given a six Occidental, Mindoro
Colony Post Exchange. hectares farm lots as - One of the prisons nearer
The principal products of homestead. to Metro Manila.
the Iwahig Penal Colony - Four sub-colonies of - The penal colony is
are rice, corn, logs, minor Iwahig Penal Colony designed for minimum
forest products and a. Inagawan Sub- security prisoners
cattle.” colony - Primary product is rice that
b. Montible Sub-colony is used also to supply the
c. Santa lucia Sub- NBP
colony - Principal activity and
d. Central Sub-colony product is agriculture and
- Principal Products – Rice, product is agricultural rice
Corn, Copra, Logs and not only for the use of the
minor forest products and inmates of the colony but
cattle. also supplying some rice
Davao Prison and Penal - Founded by Gen. Paulino needs of the NBP.
farm Santos. Created by virtue Leyte Regional Prison - Established on January 16,
of act 3732 and (Abuyog, Leyte) 1973 under proclamation
Proclamation 414 series of 1101 during the martial law
1931. with the aim of
- Formerly known as the regionalizing prisons in the
Davao Penal Colony, the country.
Davao Prison and Penal - The last penal facility to be
Farm was built on January built by the Bureau of
21, 1932. Prisons
- Located in Santo Tomas,
Davao del Norte 1.4. BJMP
- Mostly devoted to abaca It has the mission to direct, supervise and control the
and banana plantation. administration and operation of all district, city and municipal
- In 1942, it was used as a jails to effect a better system of jail management nationwide.
concentration camp for R.A. 9263 - Bureau of Fire Protection and Bureau of Jail
American Prisoners of War Management and Penology Professionalization act of 2004.
- It is the main source of
income of the Bureau of 1. Coverage of Supervision by the Jail Bureau
Corrections. a. City jails
- It consist of 18,000 b. Municipal jails
hectares b. District jails
- Major Products – abaca, Class A Jails - Jails with 100 or more inmates
Banana, Rice, Copra, Class B Jails - Jails with 21-99 inmates
Cattle and other farm Class C Jails - Jails with 1 to 20 inmates
products and now the
biggest abaca plantation in 2. Organization and Key Positions in the BJMP
the country. The BJMP also referred to as the Jail Bureau,
- Banana – entered a joint was created pursuant to section 60 to 65, Chapter V, RA
venture agreement with
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No. 6975, and initially consisting of uniformed officers and C. RESPONSIBILITIES AND PURPOSES OF CORRECTIONAL
members of the Jail management and Penology service as PILLARS
constituted under P.D. no 765.
RA 9263 provides that the Bureau shall be 1.1. RESPONSIBILITY OF THE CORRECTION PILLAR
headed by a Chief who is assisted by two (2) Deputy This pillar is responsible for the following thru institutional
Chiefs, one (1) for Administration and another for or community-based programs:
Operations, and one (1) Chief of Directorial Staff, all of 1. MAINTAINING institutions such as prisons, jails, halfway
whom are appointed by the President upon the houses, and others;
recommendation of the DILG Secretary from among the 2. PROTECTING law abiding members of society by keeping
qualified officers with the rank of at least Senior sentenced offenders from preying on society (ISOLATION);
Superintendent in the BJMP. 3. REFORMING offenders by rehabilitating and reassimilating
The Chief of the BJMP carries the rank of them into the mainstream of society and helping them lead
Director and serves a tour of duty that must not exceed a normal life after release;
four (4) years, unless extended by the President in times of 4. DETERRING crimes - experience in prison (jail) and fear of
war and other national emergencies. Officers who have denial of liberty will influence inmates and potential
retired or are within six (6) months from their compulsory offenders to lead law-abiding lives; and
retirement age are not qualified to be appointed as Jail 5. REINTEGRATION of the offender to the community.
Director or designated as BJMP Chief.
Correction is concerned with and operates as society’s primary
3. Regional Office formal dispenses of punishment. Corrections, however, is more than
Headed by a Regional Director for Jail simply a mice term for punishment. As the root of the word
Management and Penology, with the rank of at least Senior “Correction” implies focuses on correcting a problem or serves of
Superintendent. problems in society.
The Regional Director is assisted by an Assistant Correction is defined as “the systematic and organized
Regional Director for Administration, Assistant Regional efforts directed by a society that attempt to punish offenders, protect
Director for Operations, and Regional Chief of Directorial the public from offenders, change offender behavior and in some
Staff, who are all officers with the rank of at least cases may compensate victims.
Superintendent. The criminal justice system is the machinery of any
government in the control and prevention of crimes and criminality. It
4. Provincial Office is composed of the pillars of justice such as: the Law Enforcement
headed by a Provincial Administrator, to oversee Pillar (Police), the Prosecution Pillar, the Court Pillar, the Correction
the implementation of jail services of all district, city and Pillar, and the Community Pillar.
municipal jails within its territorial jurisdiction. The PA Correction as one of the Pillars of Criminal Justice System
should have a rank of superintendent. is considered as the weakest pillar. This is because of its failure to
deter individuals in committing crimes as well as the reformation of
5. District Office inmates. This is evident in the increasing number of inmates in jails
Where there are large cities and municipalities, a or prisons. Hence, the need of prison management is necessary to
district jail with subordinate jails, headed by a District rehabilitate inmates and transform them to become law-abiding
Warden with the rank of Chief Inspector in the Bureau May citizens after their release.
be established necessary. Correction is the fourth pillar of the criminal justice system.
This pillar takes over once the accused, after having found guilty, is
6. City and Municipal Office meted out the penalty for the crime he committed. He can apply for
In the city and municipal levels, each jail shall be probation or he could be turned over to a non-institutional or
headed by a city or municipal warden, respectively with the institutional agency or facility for custodial treatment and
rank of Chief Inspector in the jail bureau. rehabilitation. The offender could avail of the benefits of paroles or
executive clemency once he has served the minimum period of his
1.5. PROVINCIAL JAILS sentence.
- Provincial Jails in the Philippines are not under the
jurisdiction of the Bureau of Corrections. 1.2. PURPOSE OF CRORRECTION IN CJS
- They are managed and controlled by the Provincial In general corrections have dual purpose only; (1) to
government. punish and (2) to rehabilitate the offender. Deterrence, isolation
- Provincial jail system was first established in 1910 under and reintegration are included just recently.
the American regime supervised and controlled by the
provincial government and headed by the Provincial jail 1. PUNISHMENT has been synonymous to correction,
warden particularly in case that involve serious crimes. For deviant
act committed the criminal statue has the corresponding
punishment. Today basic attitude towards punishment
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have no significantly changed as well as the exacting 3. The PROVINCIAL GOVERNMENTS, under DILG; which
punishment. In contemporary society, hanging, supervise and control their respective provincial and sub-
electrocution, and shooting is still the usual form of provincial Jails; and
punishment. And for some inexplicable reason, society 4. the DEPARTMENT OF SOCIAL WELFARE AND
most often resorted to serve punishment as the method of DEVELOPMENT (DSWD), which takes care of, among
compensating the criminal’s wrong doing against society. others, youthful offenders entered in detention centers for
In some instances, if an offender have been owned for his juveniles, aside from these,
antisocial act, it is considered that the punishment imposed
have owned for his crime. Other agencies under this pillar are the: (Community Based
2. REHABILITATION - Is another goal of corrections which Correction)
his lately received attention because, of the new penology 1. The Parole and Probation Administration (PPA) under the
concept. This goal connects criminal behavior w/ Department of Justice (DOJ); and
abnormality or some force of deficiency in the criminal. It 2. The Board of Pardons and Parole also under the Department
considered that human behavior is the product of previous of Justice.
causes and in order to effectively deal w/ deviant behavior,
this various, causes must be identified, whether physical, Nota Bene: There are also LOCK-UP JAILS under the Philippine
moral, mental, social, vocational, or academic. National Police (PNP); this fragmented administration of jails often
3. DETERRENCE - is the next in importance as a meaningful creates confusion since many are not aware of this set-up.
principle of correction. The concept is that punishing the     
criminal will set to deter others, thereby reduce the Generally, corrections, as a component of the system are
incidents of criminal in a society. In inflicting punishment. It responsible for:
is further stressed that criminal behavior will be effectively 1. The MAINTENANCE of institution such as prisons, jails,
deterred that the punishment that the punishing of an halfway houses, and others.
offender to the point where the pain of punishment is 2. The PROTECTION of law-abiding members of society by
slightly greater that the pleasure derived from committing keeping convicted offenders from preying on society.
the offense. This Known as a “pleasure pain deterrent 3. The REFORMATION and rehabilitation of offenders in
strategy.” preparation for their eventual reintegration to the mainstream
4. ISOLATION - Is the subscribed to by society because they of society and helping them lead a normal life after release.
want to be contaminated by criminals. Incarceration 4. The DETERRENCE of crimes, experience in prison and the
therefore is to isolate the bad apples from the good in a fear of isolation and denial of liberty will influence inmates and
barrels, Hence, the construction of jail is often expressed in potential offenders to lead a life not in conflict
a community’s hostility against the construction and
establishment of correctional institutions and treatment E. TWO TREATMENT PROGRAM – the Philippine Prison System
programs in their area. adopted two approaches in treating criminal offenders. These
5. REINTEGRATION - Is the latest philosophical basis for are the Institutional-Based Treatment Programs and the
wherein the offender is reintroduced into the free Community-Based Treatment Programs.
community. This model is practical and realistic extension The treatment of inmates shall be focused on the
of the rehabilitative philosophy and tries to compensate for provisions of services designed to encourage them to
the weakness of the approach while adopting some more return to the fold of justice and enhance self-respect,
acceptable ideas. It analyzes the cause of crimes and dignity and sense of responsibility.
functions of corrective effort along two dimensions.
1. THE INSTITUTIONALIZED - The rehabilitation of offenders in
D. AGENCIES UNDER THIS PILLAR: jail or prison
Among the five pillars of the criminal justice system, The institution-based approaches has three levels and are
corrections is the least heard, known or understood society manned by three different government agencies responsible for
seems to have some reluctance to look at it although its role in the supervision and control of the numerous institutional
the reformation and rehabilitation of offenders cannot be facilities nationwide which provide safekeeping and
overemphasized. Furthermore, jail administration and control in rehabilitation of inmates, namely:
our country is distributed to at least, four agencies: 1. The national prison’s and penal farms under the
1. The BUREAU OF CONNECTIONS (BUCOR), under the Department of justice;
DOJ; which has supervision over the national penitentiary 2. The provincial and sub-provincial jails under the provincial
and its penal farms; government; and
2. The BUREAU OF JAIL MANAGEMENT AND PENOLOGY 3. The City, Municipal and District Jails under the Department
(BJMP), under the DILG; which has the exclusive control of Interior and Local Government.
over all city, municipal and district Jails nationwide; The Bureau of corrections, headed by a non-uniformed
director, under the department of Justice, supervises and
controls the national prisons and penal farms.
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Treatment Programs:
a. Provisions for basic needs of inmates
b. Health services
c. Education and skills training
d. Religious services, guidance and counseling services
e. Recreation, sports and entertainment
f. Work programs such as livelihood projects
g. Visitation services
h. Mail services

Distinction between Institutional and Non-Institutional

Correction. Distinction of Parole & Probation
PAROLE PROBATION
Institutional Non-Institutional
That aspect of the That aspect of the Administrative function It is a judicial function exercise
correctional enterprise that correctional enterprise that exercised by the executive by the courts.
involves the incarceration includes pardon, probation, branch of the government
and rehabilitation of adults and parole activities, Granted to a prisoner only Granted to an offender
and juveniles convicted of correctional administration after he has serve the immediately after conviction.
offenses against the law, not directly connectable to minimum of his sentence.
and the confinement of institutions, and It is an extension of It is substitute for
persons suspected of a miscellaneous (activity) not institutional imprisonment.
crime awaiting trial and directly related to Granted by BPP Granted by the court
adjudication. institutional care. Parolee Probationer
Parolee supervised by Probationer supervise by
2. COMMUNITY-BASED PROGRAMS parole officer probation officer
3. Executive Clemency
It is a sanction in which offenders serve some or all their It shall refer to Absolute Pardon, Conditional
sentence in the community. It is sometimes referred to as non- Pardon with or without Parole conditions and Commutation
institutional corrections. of Sentence as may be granted by the President of the
The subfield of corrections in which offenders are Philippines upon the recommendation of the Board of
supervised and provided services outside jail or prison. Pardon and Parole.

Forms of Community-Based Programs a. Pardon It is a form of executive clemency granted by

the President of the Philippines as a privilege to a
1. Probation - One of the most common forms of community convict as a discretionary act of grace.
correction is probation. Probation can be thought of as a An act of grace is extended to prisoners as a
type of post-trial diversion from incarceration. A term matter of right, vested to the Chief Executive (The
coined by John Augustus, from the Latin verb “probare”- to President) as a matter of power.
prove, to test. Neither the legislative nor the judiciary branch of
It is a disposition under which a defendant after conviction the government has the power to set conditions or
of an offense, the penalty of which does not exceed 6 establish procedures for the exercise of this
years of imprisonment, is Presidential prerogative.
Released subject to the conditions imposed by the
releasing court and under the supervision of a probation Two types of pardon
officer. a. Absolute Pardon-It refers to the total extinction of
A sentence in which the offender, rather than being the criminal liability of the individual to whom it is
incarcerated, is retained in the community under the granted without any condition whatsoever and
supervision of a probation agency and required to abide by restores to the individual his civil rights and
certain rules and conditions to avoid incarceration. remits the penalty imposed for the particular
offense of which he was convicted.
2. Parole - It is the process of suspending the sentence of a Purpose:
convict after having serve the minimum of his sentence a. To right a wrong
without granting him pardon, and the prescribing term upon b. To normalize a tumultuous political
which the sentence shall be suspended. situation.
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 Absolute Pardon is also granted by a 2. Ordinary jail – houses both offenders awaiting
President to an imprisoned president the court action and those serving short sentences
incumbent has deposed. usually up to 3 years.
 Absolute Pardon is granted in order to 3. Workhouses, Jail Farms or Camp – houses
restore full political and civil rights to minimum custody offenders serving short
convicted persons who have already served sentences or those who are undergoing
their sentenced and have reached the constructive work programs. It provides full
prescribed period for the grant of Absolute employment of prisoners, remedial services and
Pardon. constructive leisure time activities.
b. Conditional Pardon-It refers to the exemption of
an individual, within certain limits or conditions; G. Classifications of Prisoners
from the punishment that the law inflicts for the
offense he has committed resulting in the partial 1.1. WHO IS A PRISONER?
extinction of his criminal liability. Any person confined in jail or prison for the commission of
 It is also granted by the President of the a criminal offense or convicted and serving in a penal institution.
Philippines to release an inmate who has A person committed to jail or prison by a competent
been reformed but is not eligible to be authority for any of the following reasons:
released on parole. 1. To serve a sentence after conviction
b. Amnesty - A general pardon extended to a group of 2. Trial
persons, such a political offenders purposely to bring about 3. Investigation
the return of dissidents to their home and to restore peace
and order in the community. 1.2. GENERAL CLASSIFICATION OF PRISONERS
c. Commutation of Sentence - An act of the president a. Sentenced Prisoners
changing/ reducing a heavier sentence to a lighter one or a - Those who are convicted by final judgment of the
longer term into a shorter term. It may alter death sentence crime charged against them.
to life sentence or life sentence to a term of years. It does - They are under the jurisdiction of the penal institution.
not forgive the offender but merely to reduce the penalty b. Detention Prisoners
pronounce by the court. - Those who were detained for the violation of law or
d. Reprieve - A temporary stay of the execution of sentence ordinance and has not yet been convicted.
especially the execution of the death sentence. - Manned by the PNP.
Generally, Reprieve is extended to prisoners c. Those who are on safekeeping
sentenced to death. - Includes non-criminal offenders who are detained in
The date of execution of sentenced is set back order to protect the community against their harmful
several days to enable the Chief to study the petition of the behavior (insane person).
condemned man for commutation of sentenced or pardon. - NOTE: Safekeeping is the temporary custody of a
person or the detention of a person for his own
F. PRISON AND JAIL protection or care, to secure him from liability, harm,
injury or danger.
1. Prison
An institution for the imprisonment of persons convicted by 1.3. CLASSIFICATION OF SENTENCED PRISONERS
final judgment and with a penalty of more than 3 years. 1. Insular or National Prisoners
NOTE: All inmates here are convicted - Those who were sentenced to serve a prison
NOTE: The population of jail and prison including penal term of over three (3) years or to pay a fine of
farms and colonies except the personnel are called inmates or more than one thousand pesos (1,000.00) or
prisoners with the exception of jails whose inmates are both fine and imprisonment.
undergoing trial of their respective cases are called detainees. - Those sentenced to suffer a term of over three
(3) years imprisonment but appealed the
2. JAILS judgment and unable to file a bond for their
An institution for the confinement of persons who are temporary liberty.
awaiting final disposition of their criminal cases and also for the 2. City Prisoners
service of those convicted and punished with shorter sentence - Those who were sentenced to suffer an
usually up to three years. imprisonment of less than three (3) years or to
TYPES OF JAIL pay a fine of not more than one thousand pesos
1. Lock-up jail – is a security facility for the (1,000.00) or both.
temporary detention of person held for - Includes those who were detained whose cases
investigation or awaiting preliminary hearing. were filed with the MTC and those whose cases

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are cognizable by the RTC and under preliminary d. Those who have 2 or more records of escapes.
investigation. They are classified as medium security if they
3. Provincial Prisoners have served 8 years since they were
- Those persons sentenced to suffer a term of recommitted. Those with one record of escape
imprisonment from 6 months and 1 day to 3 must serve 5 years.
years or a fine not more than 1,000 pesos or e. First offenders sentenced to life imprisonment.
both, or They can be classified as medium security if they
- Those detained while waiting for preliminary have served 5 years in a maximum security
investigation of their cases cognizable by the prison or less, upon the recommendation of the
RTC. superintendent.
4. Municipal Prisoners
- Those confined to serve an imprisonment of not 3. Minimum Security
more than 6 months. - This shall include those who can be reasonably
- Those detained therein whose trials of their trusted to serve their sentences under less restricted
cases are pending with the MTC. conditions.
1.4. CLASSIFICATION OF PRISONERS ACCORDING TO - They occupy the Minimum Security Prison (Camp
DEGREE OF CUSTODY/DANGEROUSNESS Bukang Liwayway)
1. Maximum Security - They wear brown color of uniform
- This shall include highly dangerous or high security WHO ARE MINIMUM SECURITY PRISONERS?
risk who require a high degree of control. a. Those with severe physical handicap as certified
- Their movements are restricted and they are not by the chief medical officer of the prison
allowed to work outside the institution but rather b. Those who are 65 years of age and above,
assigned to industrial shops within the prison without pending case and whose convictions are
compound. not on appeal
- They wear orange/tangerine color uniform c. Those who have serve ½ of their minimum
sentence or 1/3 of their maximum sentence,
WHO ARE MAXIMUM SECURITY PRISONERS? excluding GCTA
a. Those sentenced to death d. Those who have 6 months more to serve before
b. Those whose minimum sentence is 20 years the expiration of their maximum sentence.
imprisonment Color of Uniforms of Inmates as to Security Classification
c. Remand inmates or detainees whose sentence is a. Maximum Security – tangerine/orange
20 years and above and those whose sentence b. Medium Security – blue
is under review by the SC c. Minimum Security – brown
d. Those with pending cases d. Detainee – gray
e. Recidivists, habitual delinquents and escapees
f. Those confined at the RDC
g. Those under disciplinary punishment or
safekeeping
h. Those who are criminally insane or with severe
personality disorders or emotional disorders

2. Medium Security
- This shall include those who cannot be trusted in less
secured areas and those whose conduct or behavior
require minimum supervision.
- They occupy the Medium Security Prison (Camp
Sampaguita) and they wear blue color of uniforms.
Generally they are employed as agricultural workers.
- They wear blue color of uniform

WHO ARE MEDIUM SECURITY PRISONERS?

a. Those whose minimum sentence is less than 20
years imprisonment
b. Remand inmates or detainees whose sentences
are below 20 years
c. Those who are 18 years of age and below,
regardless of the case and sentence
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CHAPTER VI
THE COMMUNITY PILLAR

A. WHAT IS A COMMUNITY?
The fifth pillar of the CJS in the Philippines setting is the
COMMUNITY. It is the last link in the system where the fourth pillars
draws it resources of men, money and material, it is also where the
system operates its to test its validity and liability. Community is
people, but only people commit crime through the medium things,
Hence the entry of police into the community for law enforcement,
peacekeeping and establishment of good community relations.
Community Pillar collectively imposes limitations on individual
behavior of citizens for the common good of civilized and democratic
society. The community pillars comprise of the citizenry as a whole
and the various non-government organization, civil society groups,
people’s organization, academe, religious organizations and other
civic organizations that represent citizen interest and causes.
In law enforcement function, the police initiate the legal action
when the member of the community deviates from accepted norms of
society. The offender is arrested and therefore, withdrawn from the
community, and confined in jail. The cycle of the CJS is now set in
motion when
 The police present case to the prosecutor
 The prosecutor in the absence of any plea-bargaining or
other remedies reminds the case to the court.
 The court tales cognizance of the case.
 Correction which takes custody of the offender applies the
technique of diversion and other program
 The community accepts the re-entry of offender into the
fold.

The community in this context refers to the elements that are

mobilized and energized to help the authorities in effectively

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addressing the law and order concerns of the citizenry. Among this e. Philippine Information Agency (PIA)
elements are: f. Dangerous Drug Board (DDB)
1. Peace and Order Councils - National, Regional, Provincial g. Non-Government Organizations (NGO’s)
and City/Municipal Levels; h. People’s Organization (PO’s)
2. The Katarungang Pambarangay; i. Other government agencies, institutions and programs
3. The People’s Law Enforcement Board (PLEB); whose principal function are geared toward the promotion
4. Government Agencies - NEDA, DSWD, PPSC, PIA, DDB, of socio-economic welfare.
etc; and
5. NGOs and other Civic Organizations. D. COMPONENTS OF COMMUNITY

The community as the fifth component of the criminal 1. Home

justice includes but is not limited to individuals. Private groups and The home has well been called the cradle of human
public entities who when performing or are involved in related personalities for in it the child forms fundamental attitudes and habits
criminal justice activities, become a part of the system thus, prisoner that endure throughout his life. In the intimacy of the family’s
helping to rehabilitate themselves are involved in the criminal justice relationships, the child receives basic physical and emotional
system. “In the same manner, a law making body becomes part of satisfactions as well as protection, guidance, and moral instruction,
the system. At the time it is engaged in the process of enacting a during his most impressionable years. There too. He first learn
proposed law intended to improve law enforcement or correctional about himself and his physical, social, and cultural surroundings and
methods. In the same token, any executive agency of the acquires attitudes, habits, character traits, and a sense of right and
government such as educational, welfare, labor, health, community wrong that tend to endure throughout his life. Furthermore, so
development, or any public office becomes a part of the system while important is the family in the transmission and preservation of culture
engaged in activities directly or indirectly contributing to the that is only the cradle of personality but also the nursery of all other
prevention or control of crime. Private association or unions, social institutions. And since it is functionally related to these
neighborhood action group and individual citizens may also become institutions, it tends to reflect and augment their organization and
important functionaries of the system if involved in such types of disorganization.
activities. a. Parental Discipline - It is commonly thought of as a means
of development and maintenance of good behavior and
B. THE TWO-FOLD ROLE OF COMMUNITY: conduct in accordance with the norms of society. its main
The role of the community in the criminal justice system it is the objective is to inculcate good habits, attitudes and values
one who communicate the law enforcer for the crime situation in that will make a child a law abiding and useful member of
order the crime is easy to solve. the community. Discipline at home however is not the
responsibility of the parent alone. But rather the concern of
1. It has the responsibility to participate in law the member of the family.
enforcement activities by being partners of the peace b. The Ultimate Objective of Parental Discipline - The ultimate
officers in reporting the crime incident, and helping in objective of parental discipline is to develop the child’s self-
the arrest of offenders; and respect, self-control, self-reliance, self-discipline and not
2. It has the responsibility to participate in the promotion merely the ability and desire to conform to the accepted
of peace and order through crime prevention or norms and standards for individual and community life in
deterrence and in the rehabilitation on convicts and normal society. Parental discipline includes but is not
their reintegration to society. limited to the inculcation of constructing habits, attitudes
Rehabilitation takes place when the convict is serving his and values that will make every child a law-abiding and
sentence. A convict may be paroled or may even be placed on useful member of the society.
probation.
Under the concept of participatory CJS in the Philippines, 2. The School
public and private agencies as well as citizens, become part of the The school is a strategic position to prevent crime and
CJS when they participate and become involved with issues and delinquency. This is so because the school exercises authority over
activities related to crime prevention. every child who is of school age. It receives him when he is young,
Thus, citizen-based crime prevention groups become part observes, supervises, and teaches him for many hours each week
of the CJS within the framework of their involvement in crime during some of his most impressionable years.
prevention activities and in the reintegration of the convict who shall The more education people have, the more they will respect and
be released from the corrections into the mainstream of society. obey the law, the greater happiness and prosperity they will
experience and the stronger and better their government will
C. AGENCIES THAT COMPRISES THE COMMUNITY PILLAR become. However, one should not jump to the conclusion that formal
a. Department of Social Welfare and Development (DSWD) education of itself bears and important relationship to delinquency.
b. National Economic Development Authority (NEDA)
c. Bureau of Local Government Supervision (BLGS- DILG)
d. Philippine Public Safety College (PPSC) 3. The Church
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It is an acknowledged fact that the important of the church captains and other barangay leaders are involved in law enforcement
in the prevention and control of crime is beyond compare. It is the tasks and also other aspects of the criminal justice system.
church of any denomination which points out to the faithful their Because of their peace-keeping responsibilities, in the
relationship to God and their fellowmen. And who by work and exercise of their limited statutory police power, it would be necessary
example leads them to live a moral life. that barangay captains, leaders, and members be motivated,
Men and nations have come to realize that they cannot live organized, trained, coordinated, supervised and even compensated.
without the guiding, sustaining, and inspiring power of religion. The
influence of religion from the web relationships into which it is woven E. ROLE OF THE COMMUNITY IN THE REFORMATION AND
along with other influence, such as those of the home, the REHABILITATION OF OFFENDERS:
neighborhood, ethnic background, education, economic status, race, Apathy among Filipinos toward prisoners and ex-prisoners
and so on. Religion can create a strong resistance to criminal as public elements should be overcome and replaced by the belief
impulses and desires. that latter are a part of and not part from society. It is essential
therefore, that correctional institutions should enlist the cooperation
4. The Government of the community in order to succeed in their mission of placing the
The government is the duly constituted authority that offender back in the society as a normal social being, correctional
enforces the law of the land and such it is most powerful institution as programs, no matter how new-developed, cannot succeed without
far as control of the people is concerned. Respect for the the support of the community.
government is influenced by the respect for the people running the The correctional institutions and the community should
government. When the people see that public officials and develop and understanding of the needs of the offender and the
employees are first ones to violate the law and refuse to obey it if newly released prisoner, and should design techniques to help him
they lose respect for the government. Corrupt officials set bad again insight into his difficulties and to develop strength and restraint
examples for other to follow and create an atmosphere which is in order that he may become a law-abiding and useful citizen of the
conducive to crime and disrespect for the law. The pattern of community. Clearance paper from the officers of the police, mayor,
conduct set by government official influences the conduct of the the court, and fiscal should not be made in employment requisite of
people in the community. When public official and employees fail to an ex-prisoner who wishes to land a job. To inquire him to comply
comply with their duties and or engage in graft and corruption. The with this requirement would render unless and meaningless efforts to
effect is they weaken the very foundation of the government thereby live a normal life in a free society. The essence of the social justice,
spreading crime and delinquency. namely the right to live and earn a living is where by with help from a
person who had to serve sentence as a prisoner is deprived of social
5. Mass Media and Radio Broadcasting justice, such a condition forces a person to continuous to live in the
Mass media and radio broadcasting are considered the criminal world where he belongs, and this would reform and
best instrument for information dissemination and the best source of rehabilitate prisoners. The community should form an association
knowledge for the public. It is through the mass media and radio that would cordially welcome individuals from the prison walls and a
broadcasting where public opinion are formed and that is where their praise them of their importance in society. Accepting the presence of
influence lies. The term mass media is used there to refer to such an ex-prisoner in a free community will help him overcome his
impersonal means of communication as newspaper, magazines, psychological hang ups and make him realize that he is a part of and
comic book, radio television and motion pictures. Since this media not apart from society. His sense of responsibility to live a normal life
do affect the lives of so many persons they have been charged with will be developed enabling him to adapt and adjust his way of life in
causing crime and delinquency by making crime seem attractive, accordance with the norms of society.
exciting, glamorous and profitable, by featuring violence, brutality,
and lawlessness, by giving publicity. And prestige to crooks, 1.1. PARTICIPATION OF THE COMMUNITY IN CJS
gangsters, gamblers, confident men, racketeers, and hoodlums, by Under the Philippine concept of a participative criminal justice
denigrating and ridiculing the parts and law enforcement agencies, system in the Philippine, public and private agencies as well as
and by other such undesirable practices. individual citizens, become part of the CJS when they participate as
actively involve with issues and activities related to CRIME
6. Other Community Agencies PREVENTION.
Man composes the nation and in order for the nation to Thus, citizen-based crime prevention groups become part of the
continue its existence, its constituents have to police themselves, set CJS within the framework of their involvement in crime prevention
up rules and regulations for themselves, guide and educate the activities and in the reintegration of convict who shall be released
inhabitant because of the systematic from correction pillar into mainstream of society.

7. Barangay 1.2. THE ROLE OF THE YOUTH IN NATION-BUILDING

The Barangay Captains peace-keeping responsibilities and The youth are also contributing their share in the great task
to act as auxiliaries of the law. Being considered persons in authority of nation building through civic involvement and active participation in
while the other barangay leaders are deemed agents of persons in meaningful activities like reforestation, food production, sanitation,
authority. In effect, the barangays through the respective barangay beautification, adult education, information drives cooperative
projects, and other development programs. The constitution
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recognizes the vital role of the youth in achieving our developmental controlling the behavior of people. A person’s conduct is determined
goals and it is for this reasons that it lends its support to the either by what he wants to do, or by what he is afraid of. Compliance
promotion of their welfare. with law and regulation is obtained either by developing a public
The effort of the government to aid the youth may be seen willingness to conform to the desired pattern of behavior or by
in the various decrees promulgated for their benefit. compelling people to conform by threat of punishment.
Under the P.D. 603 otherwise known as the Child and Hence  the two processes – enforcement and the development
Youth Welfare Code, particularly Sec. 4, 5 the responsibilities of the of attitudes favorable to law observance, cannot be
children, and the right, duties, and liabilities of parents in the rearing completely separated, with the police free to choose
of the children. one and reject the other. The police because of its
The E.O. 801 which superseded P.D. 604, abolished and jurisdiction may attempt to accomplish its purpose by
transferred the authority of the ministry of the youth and sports enforcement with no attention to positively motivated
development to the office of the ministry of education, culture and compliance which uses a minimum enforcement on
sports the bureau of youth and sports development, ministry of individual and when other methods fail.
education, culture and sports, will supervise the development of sport
among school and out-of-school youth. K. THE CITIZEN’S ARREST
On educational benefits, P.D. 932, “Study and Pay Later Arrest may be effected WITH or WITHOUT
Plan” program to enable deserving young citizens to avail of WARRANT. Warrant less arrest may be effected by peace
educational assistance. As an incentive to honor students, P.D. 907 officers as well as private individual in any of the following
grants automatic eligibility to all honor student graduates of any circumstances:
collegiate course, and for out-of-school youth. P.D. 1139, a. When in his presence, the person to be arrested has
respectively sets-up a man power and youth council office to train committed, is actually committing, or is attempting to
and develop their skills for purposes of productive employment. commit an offense;
b. When an offence has in fact just been committed, and he
1.3. THE ROLE OF LOCAL GOVERNMENT UNITS has personal knowledge of facts indicating that the person
When we speak of local government, we refer to provinces, to be arrested has committed it; &
cities, municipalities, barrios and parks. Sec. 10 Art. 11 of the c. When the person to be arrested is a prisoner who has
Philippine Constitution state that the state shall guarantee and escaped from a penal institution or is temporarily confined
promote the autonomy of local government units. Especially the during the pendency of the case, or has escaped while
barrio, to ensure their fullest development as self reliant being transferred from one confinement facility to another
communities.
L. POLICE COMMUNITY RELATIONS
With regards to peace and order, local residents are the
person who is in the better position to know and understand their 1.1. OBJECTIVES OF POLICE COMMUNITY RELATIONS - The
problems. Within their immediate surroundings and environment, following are the main objectives of community relations from
they can see, touch and feel their local peace and order conditions the view point of law enforcement and public safety.
every day and realize their effect as well as the urgency of solving 1. To maintain and develop the goodwill and confidence of the
them. The national government can constructively devote its time to community for the police;
national problem since the local government is accorded with the 2. To obtain public cooperation and assistance;
duties and function to adequately exercise the statutory power of the 3. To develop public understanding, support and appreciation
police in the maintenance of peace and order, and in protecting lives for the services of the police;
and properties within their respective local jurisdictions. The essence 4. To gain a broader understanding of and sympathy for the
of self-reliance can encourage civic enthusiasm and initiative for problems and needs of the police;
policing their own community members with a minimum of assistance 5. To facilitate law enforcement and law compliance;
from the national authorities. 6. To build public opinion in favor of the police; and
7. To achieve the police purpose on preserving peace protecting
J. DUTIES AND OBLIGATIONS OF CITIZENS life and property, and the prevention of crime.
Art. V of the 1973 Constitution of the Philippines lays down
the basic principles of norms of conduct which every citizen of the 1.2. PRINCIPLES OF POLICE COMMUNITY RELATIONS - Every
Philippines is under duty to know, observe and practice in words and member of the INP shall adhere to the following principles of
deed. It is a new provision of the 1973 charter not found in the 1935 Police Community Relations:
Constitution,. Its ultimate objective is to establish a common  Public support must be maintained, every policeman shall
understanding of the individuals built-in checks and balances be worthy of the public high trust if he does his job well. He
between liberty and responsibility, between rights and obligations, shall appear able and willing to serve all.
which is an essential element in the maintenance of efficient  Public resentment must be avoided. The policeman shall
democracy. always bear in mind the interest of the public and shall
Community Relations - the basic police purpose of preserving the develop friendly relation by his good conduct. He shall
peace and protecting life and property is a accomplished by
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avoid any occasion to humiliate, embarrass annoy, or

cause inconvenience to any individual.
 Public goodwill must be developed. The policeman must
be courteous fair and quick to assist individuals in the
solution of their problems.
 The public must be kept informed on regulations and
policies. The police must inform the public on the
regulation and policies of the police force and the reason
for their adoption.

M. THE LEGAL BOUNDARIES (PARAMETERS)

The effectiveness of the CJS as an anti-crime machinery
for crime prevention and control in the society greatly depends on the
legal parameters. This is so because they collectively define and
delineate the boundaries between what is legal and illegal and what
could be done and could not be done by the five pillars of the CJS.
The five pillars could wage the anti-crime campaign within the legal
arena only.
The legal parameters serve to either limit or widen the rays
of actions, ways and means that could be wielded upon by the CJS
in the anti-crime campaign. The more limited the parameters, the
lesser the range of actions/ways and means by any of the pillars
thereby amputating both arms of the CJS. Corollary, this broadens
the areas being used by the criminals in escaping the shortened
arms of the CJS.
On the other hand, the wider the parameters, the more and
the better the range of actions that could be done by the CJS thus
boosting its capabilities in addressing criminality. Correspondingly,
this narrows down the refuge of the criminals who are easily within
the reach of the long arms of the CJS.
Illustrative example is the very limited number of hours for
the reglamentory period within which law enforcers could legally hold
on to suspects to complete the investigation which if extended twice
larger could afford the policeman better opportunity to complete the
proceedings and secure the continued detention of the accused.

1.2.1.1. THE LEGAL PARAMETERS IN THE ANTI-CRIME CAMPAIGN

ARE THE FOLLOWING:
4. Philippine Constitution;
5. Revised \penal code
6. Rules of court
4. Supreme Court Decisions;
5. Presidential/Executive Orders and other Issuance;
6. Other laws - ordinances, R & Rs, LOIs, etc.

Being a democratic society, the caveat for the five pillars of

the CJS is “Democracy cannot be saved by destroying it.” and that
the “rule of law” and “respect for the basic freedom and human rights
of the citizenry” shall always be upheld and safeguarded no matter
why, what, and when. CHAPTER VII
THE KATARUNGANG PAMBARANGAY
(RA 7160)

A. INTRODUCTION

Atty. Yambao V.P., Jr. revealed that people were now aware of
their legal right and more familiar with the formal court system but
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because of this dynamics changed people also become cynical of C. OBJECTIVES OF KP:
their leaders and of the traditional methods of settling dispute. The 1. To promote speedy administration of justice;
confluence of these developments was disastrous; it transform even 2. To perpetuate the time-honored tradition of settling
the slightest disagreement into a full blown legal system. disputes amicably for the maintenance of peace and order;
Yambao further stated that the whole justice system was also 3. To implement the constitutional mandate, preserve and
affected to this hideous metamorphosis wherein, thousands of cases develop filipino culture; and
were filed every day with 25.2 percent of the 2,258 judicial positions 4. To relieve the courts of docket congestion and thereby
still vacant that add a huge backlog of cases up to 716,040 by the enhance the quality of justice dispensation.
end of 2006. Even the judiciary was hamstrung on its effort to deliver
justice quickly and efficiency. D. IS KATARUNGANG PAMBARANGAY WAS A PART OF THE
In this connection Lorenzo said that it was imperative to COURT SYSTEM?
rediscover and use the simplest, the most efficient and the cheapest The Katarungang Pambarangay (KP) was established
way of settling disputes which was the Barangay Justice System or mainly to help decongest the Court system. It was resorts under
Katarungang Pambarangay. the Department of Interior and Local Government. The
Katarungang Pambarangay was a community based dispute Katarungang Pambarangay was not a part of the Court system
mechanism administered by the basic political unit of the country, and not consequently within the authority of the Supreme Court.
(the Barangay), generally covering dispute among residents of the The DILG has the overall responsibility of implementing the
same City or Municipality. Katarungang Pambarangay in the Barangays, while training of
As a community based mechanism, Katarungang Pambarangay Barangay officials in application of the Katarungang
was expected to promote the time-honored tradition of amicable Pambarangay was a task shared by the DILG and the
settlement of dispute among families and Barangay members. It also Department of Justice.
promoted speedy administration of justice, implemented the According to Lorenzo the Barangay Justice System or
constitutional mandate to preserve and developed Filipino cultures, Katarungang Pambarangay was another unique feature of the
strengthened the family as the basic social institution, helped to Criminal Justice System of the Philippines, and as features of
relieve court of such docket congestion and enhances the quality of the Criminal Justice System it consist the procedures for the
justice dispensed by the court. settlement of a dispute brought before the Barangay through
The Barangay Justice System (BJS) or Katarungang amicable settlement (Conciliation, Arbitration, and Mediation). If
Pambarangay (KP) was institutionalized through Presidential Decree the settlement will be successful the case against the suspect
No. 1508, promulgated June 11, 1978 by former President Ferdinand will be dropped but if not and probable cause is found the case
E. Marcos. For more than 12 years of existence the program suffer will go to appropriate court.
from weak and inadequate institutional support. To relieve this
catastrophe the government enacted Republic Act No.7160 (The E. DEFINITION OF TERMS
Local Government Code of 1991) as a strategy of improving and
making the justice system more responsive to the needs of the a. Arbitration. It was a process for adjudication of disputes by
community. which the parties agree to be bound by the decision of a
The forefront of these systems was the elected Punong third person or body in place of regular organized tribunals.
Barangay who simultaneously acts as a Chief Executive and b. Barangay. It was the smallest political entity to mandate
Presiding Officer of the local legislative council. Assisted the Punong plan development projects in its territory and deliver basic
Barangay was the Lupon Tagapamayapa (mediation committee) services of the government and the sounding board of the
whose member consists of 10-20 people of known integrity, view of the people on various governance and provide
competence and fairness who are selected from among those venue for the amicable settlement of dispute.
residing and working in the Barangay. c. Justice. It was the conformity in conduct or practice to the
The lupon through the Pangkat Tagapagkasundo (conciliation principles of right or fulfillment of obligations.
panel, consisted of 3 members from lupon) tried to amicably settle d. Katarungang Pambarangay. It was also known as BJS or
disputes within a period of sixty (60) day from its submission. Barangay Justice System. It was a community based
The secretary acted as custodian of KP, it recorded the result of dispute mechanism administered by the basic political unit
the mediation proceeding before the Punong Barangay and of the country generally covering disputes among residents
submitted report to the proper City or Municipal Courts and Relevant of the same City or Municipality.
Agencies. The system was exemplified by informal processes and e. Lupong Tagapamayapa. It was a body organized in every
the prohibition of the presence of lawyers during its proceedings. Barangay, composed of Barangay Chairman and not less
than 10 or more than 20 members from which the
B. WHAT IS THE CONCEPT OF THE KATARUNGANG members of every pangkat shall be chosen.
PAMBARANGAY (KP)? f. Mediation or Conciliation. Were interchangeable terms
Conceptually, Katarungang Pambarangay (KP) is justice initiating the process whereby the parties involved were
administered in the barangay level. It is a system of amicably settling persuaded by Punong Barangay or pangkat to amicably
disputes among families in barangay levels without judicial recourse. settle their disputes.

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g. Pangkat Tagapagkasundo. It was composed of (3) three punong barangay within the first 15 days from the start
members chosen by the disputants from the lupon member of his term of office. Such notice shall be posted in
to mediate their different. three conspicuous places in the barangay
h. Venue. It was the place provided by the law for filing an continuously for a period of not less than three (3)
action or proceeding. weeks.
c) The punong barangay, taking into consideration any
F. SALIENT FEATURES OF THE KP: opposition to the proposed appointment or any
1. It makes barangay settlement a PRE-REQUISITE to the recommendations for appointments as may have been
bringing of suit to the regular courts of justice. This will made within the period of posting, shall within ten (10)
ensure that all disputes, with certain exceptions, must go days thereafter, appoint as members those whom he
through the conciliation process. Hence, only those that determines to be suitable therefor. Appointments
are truly irreconcilable will be kept for formal resolution; shall be in writing, signed by the punong barangay,
and and attested to by the barangay secretary.
2. Parties may not be represented by counsel or anyone else. d) The list of appointed members shall be posted in three
This is designed to make the proceeding simple and (3) conspicuous places in the barangay for the entire
inexpensive as to be available to all, and also facilitates duration of their term of office.
amicable settlement. e) In barangays where majority of the inhabitants are
members of indigenous cultural communities, local
Sec. 412, RA 7160 - “No complaint, petition, systems of settling disputes through their councils of
action, or proceeding involving any matter within the datus or elders, shall be recognized without prejudice
authority of the Lupon shall be filed for adjudication, unless to the applicable provisions of this Code.
there has been confrontation between parties before the 2. Oath and Term of Office (Sec. 400)
Lupon Chairman or the Pangkat and that no conciliation or Upon appointment, each lupon member shall
settlement has been reached as certified by the Lupon or take an oath of office before the punong barangay. He
Pangkat Chairman unless the settlement has been shall hold office until a new lupon is constituted on the third
repudiated by the parties thereto.” year following his appointment unless sooner terminated by
resignation, transfer of residence or place of work, or
G. REPUBLIC ACT NR. 7160 - The Local Government Code of withdrawal of appointment by the punong barangay with
1991. the concurrence of the majority of all the members of the
lupon.
H. SIGNIFICANT CONTENTS OF RA 7160 RE KATARUNGANG 3. Vacancies (Sec. 401)
PAMBARANGAY Should a vacancy occur in the lupon for any
Chapter VII, Sections 399-422 of RA 7160 cause, the punong barangay shall immediately appoint a
superseded the Law on Katarungang Pambarangay, qualified person who shall hold office only for the unexpired
the P.D. No. 1508. portion of the term.
4. Functions of the Lupon (Sec. 402) - the lupon shall:
I. LUPONG TAGAPAMAYAPA (LT) a) exercise administrative supervision over the
conciliation panels provided herein;
1. Composition and constitution of the LT (Sec. 399): b) meet regularly once a month to provide a forum for
a) Created in each barangay referred to as the LUPON, matters relevant to the amicable settlement of
composed of: disputes, and to enable various conciliation panel
1. punong barangay - chairman; and members to share with one another their observations
2. ten to twenty members and experiences in effecting speedy resolution of
disputes; and
“The lupon shall be constituted every three (3) years in the manner c) Exercise such other powers and perform such other
provided herein (RA 7160).” duties and functions as may be prescribed by law or
ordinance.
a) Who may be appointed member of the Lupon: 5. Secretary of the Lupon (sec. 403) - The barangay secretary
a. Any person actually residing or working in the shall concurrently serve as the secretary of the lupon who shall:
barangay, a) record the results of mediation proceedings before the
b. Not otherwise expressly disqualified by law, punong barangay;
c. Possessing integrity, impartiality, independence b) submit a report thereon to the proper city or municipal
of mind sense of fairness, and courts; and
d. Reputation for probity. c) Also receive and keep the records of proceedings
b) A notice to constitute the lupon, which shall include submitted to him.
the names of proposed members who have expressed
their willingness to serve, shall be prepared by the
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6. Pangkat ng Tagapagkasundo (Sec. 404) 14. Other Mischief (Art. 329);

a) There shall be constituted for each dispute brought 15. Slight Slander (Art. 358);
before the lupon a conciliation panel to be known as 16. Slander by Deed Not of a Serious Nature (Art. 359);
the Pangkat Tagapagkasundo, hereinafter referred to 17. Intriguing Against Honor (Art. 364);
as the Pangkat, consisting of three (3) members who 18. Theft, Swindling or Malicious Mischief Committed or
shall be chosen by the parties to the dispute from the Caused by Certain Relatives, Where There is No
list of members of the lupon. Criminal but Only Civil Liability.
Should the parties fail to agree on the Pangkat  All these offenses are punishable by
membership, the same shall be determined by lots imprisonment not exceeding 30 days and/or fine not
drawn by the lupon chairman? exceeding P200.00.
b) The three members constituting the Pangkat shall  Under the New Local Government Code, all
elect from among themselves the chairman and the offenses punishable by at least one (1) year
secretary. The secretary shall: imprisonment and P5,000.00 fine is now within
1. Prepare the minutes of the Pangkat proceedings and the Jurisdiction of the Lupon. Also cognizable by
submit a copy of the same duly attested by the the barangay lupon (courts) are violators of
chairman to the lupon secretary, and to the proper city municipal ordinances which are similarly
or municipal court; punishable as the above mentioned offenses
2. Issue and cause to be served notices to the parties under the penal code.
concerned.
7. Vacancies in the Pangkat (Sec. 405) K. OTHER CASES COGNIZABLE BY THE LUPON AND
Any vacancy in the Pangkat shall be chosen by EXCEPTIONS (Sec. 408)
the parties to the dispute from among the other lupon The Lupon of each barangay shall have authority to bring
members. Should the parties fail to agree on a together the parties actually residing in the same municipality or
common choice, the vacancy shall be filled by lot to be city for amicable settlement of all disputes, except:
drawn by the lupon chairman? 1. Where one party is the government of any subdivision
8. Character of Office and Service of Lupon Members (Sec. 406) or instrumentality thereof;
a) Shall be deemed as person in authority while they are 2. Where one party is a public officer or employee, and
in the performance of their official duties or on the the dispute relates to the performance of his official
occasion thereof; and functions;
b) They shall serve without compensation. 3. Offenses punishable by imprisonment exceeding one
9. Legal Advise on Matters Involving Questions of Law (Sec. (1) year or a fine exceeding Five Thousand Pesos
407) (P500.00);
The provincial, city legal officer or prosecutor or 4. Offenses where there is no private offended party;
the municipal legal officer shall render legal advice on 5. Where the dispute involves real properties located in
matters involving questions of law to the punong barangay different cities or municipalities unless the parties
or any lupon or Pangkat member whenever necessary in thereto agree to submit their differences to amicable
the exercise of his functions in the administration of the settlement by an appropriate lupon;
Katarungang Pambarangay. 6. Disputes involving parties who actually reside in
barangays of different cities or municipalities, except
J. OFFENSES PUNISHABLE BY RPC COGNIZABLE BY THE where such barangay units adjoin each their
LUPON differences to amicable settlement by an appropriate
1. Alarms and Scandals (Art. 155); lupon;
2. Use of False Certificates (Art. 175); 7. Such other classes of disputes which the President
3. Concealing One’s True Name and Other Personal may determine in the interest of justice or upon the
Circumstances (Art. 178, part 2); recommendation of the Secretary of Justice;
4. Physical Injuries Committed in Tumultuous Affray (Art. 8. Any complaint by or against corporations,
252); partnerships, or judicial entities;
5. Slight Physical Injuries and Maltreatment (Art. 266); 9. Dispute where urgent legal action is necessary to
6. Other Forms of Trespass (Art. 281); prevent injustice from being committed or further
7. Other Light Threats (Art. 285); continued, specifically the following;
8. Other Light Coercion or Unjust Vexations (Art. 287); a. a criminal case where the accused is under
9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, police custody or detention,
par. 8) b. a petition for habeas corpus by a person illegally
10. Altering Boundaries or Landmarks (Art. 313); detained or deprived of his liberty or one acting in
11. Other Deceits (Art. 318); his behalf,
12. Arson of Property of Small Value (Art. 323);
13. Social Cases of Malicious Mischief (Art. 328);
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c. actions coupled with provisional remedies, such c) While the dispute is under mediation, conciliation, or
as preliminary injunction, attachment, replevin arbitration, the prescriptive periods for offenses and cause
and support pendente lite; and of action under existing laws shall be interrupted upon filing
d. where the action may be barred by the statute of of the complaint with the punong barangay. The
limitations; prescriptive period shall resume upon receipt by the
10. Labor disputes or controversies arising from complainant of the complaint or the certificate of
employer-employee relationship (Montoya vs. Escaño, repudiation or of the certification to file action by the lupon
et. al, 17 SCRA 442: Art. 228, Labor code as or Pangkat secretary provided that such interruption shall
amended); not exceed 60 days from the filing of the complaint with the
11. Where the dispute arises out from the Comprehensive punong barangay.
Agrarian Reform Law (Secs. 46 & 47, RA 6657); d) The Pangkat shall convene not later than 3 days from its
12. Actions to annul judgment upon a compromise which constitution, on the day and hour set by the lupon
can be filed directly in court (Sanchez vs. Tupas, 158 chairman, to hear both parties and their witnesses, simplify
SCRA 459). issues, and explore possibilities of amicable settlement.
“The court in which non-criminal cases not falling e) The Pangkat shall arrive at a settlement or resolution of the
within the authority of the lupon under this Code are filed dispute within 15 days from the day it convenes. This
may, at any time before the trial, motu propio refer the case period shall, at the discretion of the Pangkat, be extendible
to the lupon concerned for amicable settlement.” for another period which shall not exceed 15 days, except
in clearly meritorious cases.
L. VENUE (Sec. 409)
a) Disputes between persons actually residing in the same 1.2. FORM OF SETTLEMENT (Sec. 411)
barangay shall be brought before the lupon of the said All amicable settlement shall be in writing, in a language or
barangay; dialect known to the parties, signed by them, and attested to by
b) Those involving actual residents of different barangays the lupon chairman or the Pangkat chairman, as the case may
within the same city or municipality shall be brought in the be.
barangay where the respondent or any of the respondents
actually resides, at the election of the complainant; 1.2.1. CONCILIATION (Sec. 412)
c) All disputes involving real property or any interest therein a) No complaint, petition, action or proceeding involving any
shall be brought in the barangay where the real property or matter within the authority of the lupon shall be filed or
the larger portion thereof is situated; and instituted directly in court or any other government office for
d) Those arising at the workplace where the contending adjudication, unless there has been a confrontation
parties are employed or at the institution where such between the parties before the lupon chairman or the
parties are enrolled for study shall be brought in the Pangkat, and that no conciliation or settlement has been
barangay where such workplace or institution is located. reached as certified by the lupon secretary or Pangkat
“Objections to venue shall be raised in the mediation secretary as attested to by the lupon chairman or Pangkat
proceedings before the punong barangay; otherwise, the chairman or unless the settlement has been repudiated by
same shall be deemed waived. any legal question which the parties thereto.
may confront the punong barangay in resolving objections b) The parties may go directly to court in the following
to venue herein referred to may be submitted to the instances:
secretary of Justice or his duly designated representative 1. where the accused is under detention;
whose ruling thereon shall be binding.” 2. where a person has otherwise been deprived of
personal liberty calling for habeas corpus;
M. PROCEDURE AND FORM AMICABLE SETTLEMENT 3. where actions are coupled with provisional remedies
1.1. PROCEDURE FOR AMICABLE SETTLEMENT (SEC. 410) such as preliminary injunction, attachment, delivery of
a) Upon payment of the appropriate filing fee, any individual personal property, and support pendente lite; and
who has a cause of action against another individual 4. Where the action may otherwise be barred by the
involving any matter within the authority of the lupon may statute limitations.
complain, orally or in writing, to the lupon chairman of the c) The customs and traditions of indigenous cultural
barangay. communities shall be applied in settling disputes between
b) Upon receipt of the complaint, the lupon chairman shall members.
within the next working day, summon the respondent(s),
with notice to the complainant(s) for them and their 1.2.2. ARBITRATION (Sec. 41)
witnesses to appear before him for mediation of their a) The parties may, at any stage of the proceedings, agree in
conflicting interests. If he fails in his mediation effort within writing that they shall abide by the arbitration award of the
15 days from the first meeting of the parties before him, he lupon chairman or the Pangkat. Such agreement to
shall forthwith set a date for the constitution of the Pangkat arbitrate may be repudiated within 5 days from the date
in accordance with the provisions of this chapter. thereof for the same grounds and in accordance with the
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procedure hereinafter prescribed. The arbitration award 1.8. POWER TO ADMINISTER OATHS (Sec. 420)
shall be made after the lapse of the period for repudiation The punong barangay as chairman of the lupon and the
and within 10 days thereafter. members of the Pangkat are hereby authorized to administer
b) The arbitration award shall be in writing in a language or oaths in connection with any matter relating to all proceedings in
dialect known to the parties. the implementation of the katarungang pambarangay.

1.3. PROCEEDINGS OPEN TO THE PUBLIC (Sec. 414) 1.9. ADMINISTRATION: RULES AND REGULATIONS (Sec. 421)
Except when a party request that the public be excluded The city or municipal mayor, shall see to the efficient and
from the proceedings in the interest of privacy, decency, or effective implementation and administration of the Katarungang
public morals. Pambarangay. The Secretary of Justice shall promulgate the
rules and regulations necessary to implement this Chapter.
1.4. APPEARANCE OF PARTIES IN PERSON (Sec. 415)
In all proceedings, the parties must appear in person 1.10. APPROPRIATIONS (Sec. 422)
without the assistance of counsel or representative, except for Such amount as may be necessary for the effective
minors and incompetents who may be assisted by their next-of- implementation of the Katarungang Pambarangay shall be
kin who are not lawyers. provided for in the annual budget of the city or municipality
concerned.
1.5. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION
(Sec. 416)
It shall have the force and effect of a final judgment of a
court upon the expiration of 10 days from the date thereof,
unless repudiation of the settlement has been made or a petition
to nullify the award has been filed before the proper city or
municipal court.

However, this shall not apply to court cases settled by the

lupon under last par of sec. 408, in which case the compromise
settlement agreed upon by the parties before the lupon
chairman or Pangkat chairman shall be submitted to the court
and upon approval thereof, have the force and effect of a
judgment of said court.

1.6. EXECUTION (sec. 417)

The amicable settlement or arbitration award may be
enforced by execution by the lupon within 6 months from the
date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or
municipal court.

1.7. REPUDIATION (Sec. 418)

Any party to the dispute may within 10 days from the date
of the settlement, repudiate the same by filing with the lupon
chairman a statement to that effect sworn to before him, where
the consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint as hereinabove provided.

1.7.1. TRANSMITTAL OF SETTLEMENT AND ARBITRATION

AWARD TO THE COURT (Sec. 419)
The secretary of the lupon shall transmit the settlement or
arbitration award to the appropriate city or municipal court within
5 days from the date of the award or from the lapse of the ten-
day period or repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the lupon
chairman.

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