CRIMINAL JUSTICE

SYSTEM
BEN JOHN IRABON LAQUINON, MSCJ
Review Lecturer
Criminologists Licensure Examination
• MACHINERY used by society in controlling and
preventing crime
• TOTALITY OF ACTIVITIES of law enforcement,
prosecution, courts, correction and community
• PROCESS by which crimes are investigated, suspects
taken into custody and prosecuted in court. If guilty,
provisions are made for their correction and rehabilitation
• ORDERLY PROGRESSION OF EVENTS from the
time a person is arrested, investigated, prosecuted,
sentenced, punished, rehabilitated and eventually returned
to the community

Criminal Justice System is…

• To protect the members of the society
- both collective and individual well-being

• To maintain peace and order

- institutional stability as a goal of an
organized society

PRIMARY GOALS OF CRIMINAL

JUSTICE SYSTEM (CJS)
• “While CRIMINOLOGY explains the
etiology, extent & nature of crime in the
society; CRIMINAL JUSTICE studies
the agencies of social control that handles
criminal law violators.” (Gabao, 2017)

CRIMINOLOGY & CRIMINAL JUSTICE

• “CRIMINAL JUSTICE experts cannot
begin to design effective crime prevention
and rehabilitation programs without
understanding the NATURE AND
CAUSE OF CRIME.”

OVERLAPPING CONCERN
1. Presumption of
INNOCENCE
- accused is presumed
innocent until proven guilty

2. The BURDEN OF
PROOF
- accused must be
proven guilty “beyond
reasonable doubt”

CJS ADHERES IN TWO OPERATING

PRINCIPLES:
ADVERSARIAL INQUISITORIAL
• Assumes innocence • Assumes guilt

• Embodies basic • Opposite of

concept of equal adversarial approach
protection & due
process • Accused must prove
innocence

APPROACHES BEHIND CJS (Gabao, 2017)

Crime Control Model Due Process Model
• Repression of criminal • Process-determined;
conduct; • Considers rights, liberty;
• Stressed efficiency as a • Presumes innocence;
measure of justice • Promotes rehabilitation &
administration; integration;
• Speed and finality in • Delay prone;
dealing with crime;
• Adopted in the Phils.
• Promotes punishment

CJS MODELS (Gabao, 2017)

• “CRIME is the event that calls for the
operation of the Criminal Justice
System.” (Gabao, 2017)

BASIS FOR CJS ACTION

• SUSPECT – police investigation phase
• RESPONDENT – preliminary investigation phase
• ACCUSED – trial phase
• CONVICT – judgment phase
• CRIMINAL – rehabilitation phase

NOMENCLATURES OF A PERSON
UNDER CJS (Gabao, 2017)
1.Arrest of the Person
2.Investigation
3.Filing of Complaints
4.Trial
5.Conviction
6.Sentence
7.Correction
8.Return to the
Community

Orderly Progression of the “Wheel

of Justice”
 PHILIPPINE CRIMINAL JUSTICE PROCESS
(ORDERLY PROGRESSION)
A PERSON WHO HAS
VIOLATED THE LAW IS:
R
LAW Maybe diverted
ENFORCEMENT Apprehended due to insufficient E
ground C
Subjected for prelim.
V O
PROSECUTION Maybe diverted
investigation due to lack of M
probable cause E M
U
Tried before the Maybe diverted due R N
COURT
courts to I
dismissal/acquittal T T
Y
CORRECTION If convicted, either goes Released after full E
to prison or avail service of sentence,
clemency/non-insti clemency, etc.. D
Indicated in two (2) precepts:
a. “to render to each his due”
b. “treat equals equally and unequal unequally in
proportion to their inequality”

“JUSTICE INVOLVES EQUAL PUNISHMENT

FOR IDENTICAL OFFENSES AND EQUAL
REWARDS FOR IDENTICAL MERITS.”

THE CONCEPT OF JUSTICE

(Gabao, 2017)
Substantive Justice Procedural Justice
• How best to allocate, • How law is
distribute and protect administered
the substantive values
of society • What mechanisms or
processes are used in
• Concerned with applying the law
behaviors that are
violative of the law

Forms of Justice
• Method of social control formally
promulgated by the state subject
to interpretation by and through
the courts

Law defined:
Fundamental, constitutional guarantee
that …
• all legal proceedings will be fair
• one will be given notice of
proceedings and opportunity to be
heard before State acts to take away
one's life, liberty, or property

Due Process of Law

• The state may not attempt to create or
enforce statutes against a person
solely because of specific
characteristics such as race, age or
sex.

“EQUAL PROTECTION” CLAUSE

- Satisfactions to the public
- Imposed on the person by the State
- The detriment, loss of reward, or
coercive intervention annexed to a
violation of a law as a means of
enforcing that law

Sanctions
 Pillars
of the
1. Law Enforcement
PCJS
2. Prosecution
3. Courts
4. Correction
5. Community
As we shall see, OUR CRIMINAL JUSTICE
SYSTEM IS COMPOSED OF FIVE PILLARS
THAT FUNCTION LIKE A CHAIN OF LINKS.
ANY WEAKNESS IN ANY OF THESE LINKS
BREAKS THE CHAIN, RESULTING TO A
BREAKDOWN OF THE SYSTEM:

INORDINATE DELAYS IN THE PROCEEDINGS,

ACQUITTAL OF THE GUILTY AND
CONVICTION OF THE INNOCENT.
I. Law Enforcement
• The first pillar of CJS
• Considered as the “initiator”
• The “prime mover”

LAW ENFORCEMENT
• They enforce the law by ensuring
compliance;
• conduct investigations;
• file criminal cases
• testify in court

PURPOSES
The Police during the
Spanish Era
CARABIÑEROS DE SEGURIDAD PUBLICO

• This was organized in 1712.

• Initially implemented regulations of the

Department of State; later expanded to ports,
harbors and river policing.

• By Royal Decree on December 20, 1842, it was

organized and called CUERPO DE
CARABINEROS DE SEGURIDAD PUBLICA,
hence, its duties become police like and more
general.
GUARDRILLEROS

• This was a body of rural police organized in each

town and established by the Royal Decree of
January 8, 1836;

• 5% of the male inhabitants must serve as policemen

for 3 years;
GUARDIA CIVIL

• this was created by a Royal decree issued by the

Crown on February 12, 1852 to partially relieve the
Spanish Peninsular troops of their work in policing
towns.

• It was composed mostly of Filipinos.

The Police during the
American Era
Philippine Constabulary
• Created in August 8, 1901
• Capt. Henry T. Allen (first Chief, Father of
PC)
• Brig. Gen. Rafael Crame (first Filipino
Chief)
• Act No. 175 enacted in July 18, 1901
• Preservation of public order
• Crime suppression
• Criminal law enforcement

Law Enforcement Duties

of the PC
• Backbone of the Phil. Army
• Home defense
• National Police-Military duties

National Defense
Functions of the PC
CONTEMPORARY POLICING IN
THE PHILIPPINES
Post-war Era
Integrated National Philippine National
Police Police

• First purely civilian • Established in January 1991

police organization
• Created under R.A. 6975,
otherwise known also as the
• Under the office of a PNP Law, DILG Law, or the
civilian administrator Interior and Local
Government Act of 1990

• Created under PD 765 in • Under DILG

August 8, 1975
National Bureau of Philippine Drug
Investigation Enforcement Agency

• Under DOJ • Under direct supervision

of the Philippine
• Formerly Bureau of President
Investigation, came into
existence on 19 June 1947, the
date Republic Act 157 was
approved. • Charged with enforcing
the Dangerous Drugs Act
• Investigate crimes upon its
own initiative
• Supervising drug-related
• Provide technical aid cases

• National clearing house of

crime data • Created by virtue of RA
9165
Bureau of Jail Bureau of Fire
Management and Protection
Penology

• Under the DILG • Under the DILG

• Created under RA 6975 • Created under RA 6975

• Charged with enforcing • Enforcement of the Fire

Correction Laws Code of the Philippines

• Managing and • Charged with dealing

supervising Jails in the with fire incidents
Philippines
• Prevention of crime • Enforcement of laws
• Repression of criminal and ordinances
activities • Execution of criminal
• Preservation of peace processes
and order • Coordination with other
• Protection of lives and law enforcement
property agencies
• Apprehension of • Safeguarding public
criminals health and morals

Police Operations - Shall be under the

supervision of the Chief of Police and shall
include but is not limited to the following:
Major Policing Laws in the
Philippines
RA 4864 PD 765
• An Act Creating The • Created the Integrated
Police Commission, National Police
Amending And Revising
The Laws Relative To • August 8, 1975
The Local Police System,
And For Other Purposes.
August 8, 1966

• Police Act of 1966

RA 6975 RA 8551
• An act establishing the • An act providing for the
PNP under a reorganized reform and reorganization
department of the DILG of the Philippine National
and for other purposes, Police
December 13, 1990.
• amends certain provisions
• Interior and Local of RA 6975
Government Act of 1990
• PNP Reform Act of 1998
• PNP Law

• DILG Law
• National in scope and civilian in character

• No element shall be military nor any position occupied

by active members of the AFP

Nature of Police Organizaton

• Initiates criminal justice process by arresting
suspected offender

• Prime mover of the CJS

General Role of Law

Enforcement in CJS
• The taking of person into custody in order
that he be made to answer for the
commission of a crime. (Rule 126, sec. 1,
RRC)

Arrest
• To arrest the accused without necessary delay and to
deliver him to the nearest police station or jail;

• To inform the person to be arrested the existence of the

warrant of arrest, if the situation allows.

• To inform the person to be arrested his basic

Constitutional rights.

Duty of an arresting officer

• When in the presence of an arresting officer, the person to
be arrested is about to commit, is actually committing, or
has just committed an offense;
• An offense has been committed and the arresting officer
has personal knowledge of facts indicating the
commission of an offense by the offender;
• The person to be arrested is an escapee from any penal or
jail institution.

WARRANTLESS ARREST
• Law Enforcement are said to be the “gate keepers” of the
system: “They are usually the first to make contact with
accused offenders and are in a position to make some
very important decisions about what will happen to
those individuals.

• Perhaps the most frequent decision that a police officer

makes is . . . to initiate an alleged offender's journey
through the maze of the criminal justice” (Alpert and
Dunham, 1997).

The role of LEA in CJS

II. Prosecution
Prosecution is the method whereby accusations are
brought before a court of justice to determine the
innocence or guilt of the accused

Definition
Basic Responsibility: Operating Principle:

• The prosecutor has three • that acts and acts of

main tasks: omissions punishable by
• to investigate crimes; law are always committed
• to decide whether or not to against the interest of the
instigate legal proceedings; public.
and
• to appear in court
representing the
government.
• Under the DOJ
• Composed of
- Prosecution staff of the DOJ Secretary
- Chief State Prosecutor
- Reg’l Prosecution Office
- Prov’l Prosecution Office
- City Prosecution Office

National Prosecution Service

(RA 10071, Prosecution Service Act of 2010
Approved April 8, 2010)
The Prosecution Process
• All criminal proceedings shall
commence with a COMPLAINT.

• Law enforcers or complainant files a

complaint against a suspect.

Commencement of a
Criminal Action
• A sworn written statement charging a person with
an offense executed and subscribed by the
O.P.A.P.O. (Offended Party, Any Peace Officer),
or other public officer charged with the
enforcement of the law violated.

What is a COMPLAINT?
• A complaint is sufficient in form if it states:
[N.D.A.N.A.P.]
• 1. The Name of the accused
• 2. The Designation of the offense given by the
statute
• 3. The Acts or omissions complained of as
constituting the offense
• 4.The Name of the offended party
• 5. The Approximate date of the commission of the
offense
• 6. The Place where the offense was committed.

Sufficiency of a Complaint
Preliminary Investigation
Preliminary investigation is an
inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a
crime has been committed and the
respondent is probably guilty thereof,
and should be held for trial.
It is an important substantive right of
persons suspected of crimes, designed
against hasty and malicious
prosecution
Public Prosecutor is required only to:
• Examine complaint and affidavits
• Personally satisfy himself on the
voluntariness of affiants execution and
probability of offense charged

Preliminary Investigation
is not needed in MTC
• A complaint is filed to the office of the prosecutor,
supported by affidavits;

• Within 10 days upon receipt, fiscal determines if there is

prima facie case. If no – dismiss. If yes – issue
subpoenas;

• Within 10 days after receipt of subpoena with the

complaint and supporting affidavits and documents –
respondent submits counter affidavits.

Procedure in Preliminary Investigation

(Sec. 3, Rule 112, RRC)
• In case respondent cannot be subpoenaed or does not
submit counter affidavit within 10 days – investigating
officer resolves the complaint on the basis of evidence
presented by complainant;

• If there are facts and issues to be clarified from a party or

witness, a fiscal might call for a Preliminary Hearing.
• No direct examinations. Questions must be addressed to the
fiscal

Procedure, cont’d…
• The hearing shall be held within ten (10) days from
submission of the counter-affidavits and other documents
or from the expiration of the period for their submission.

• It shall be terminated within five (5) days.

• Within ten (10) days after the investigation, the

investigating officer shall determine whether or not there
is sufficient ground to hold the respondent for trial.

Procedure, cont’d…
• If the investigating prosecutor finds cause to hold the
respondent for trial, he shall prepare the resolution and
information within 10 days after the conclusion of the
Preliminary Investigation.

• Such resolution shall be submitted to the Chief State

Prosecutor or the Provincial Prosecutor for approval;

• Superiors shall act on the resolution – within 10 days.

The RESOLUTION
• Accusation in writing charging a person
with an offense subscribed by public
prosecutor and filed with the court.

Definition of Information
• Informal and summary investigation conducted
by a prosecutor on cases involving arrested and
detained person without warrant

• To determine whether or not the suspect should

remain in custody and correspondingly charged
in court

Inquest Investigation
• Facts/circumstances that would lead a reasonably discreet
and prudent man to believe that the person sought to be
arrested has committed an offense
• The knowledge of facts, actual or apparent, and strong
enough to justify a reasonable man in the belief that he
has lawful grounds in arresting the accused
• Basis for filing of information

Probable Cause defined:

• Public prosecutor
• Private prosecutor authorized in
writing by the chief or regional state
prosecutor and subject to court
approval
(sect. 5, Rule 110 RRC as amended)

Who Prosecutes Criminal

Actions?
III. Courts
Judge is… Judicial Power…

shall be vested in the

– a public officer so named
Supreme Court and in such
in his commission and
inferior courts as may be
appointed to preside over
established by law;
and to administer the law in
a court of justice
It is the authority to hear
and decide cases and to
make binding judgments on
them.

Court – a body to which the public

administration of justice is delegated
Scope of Judicial Power: Judicial Independence:

• pass upon the • The court is free to

constitutionality of the laws perform functions without
of the state and the acts of
the other departments of the interferences from
government; executive or legislative
branches of the
• interpret law; government.

• render judgments; and

• incidental powers such to

punish persons adjudged in
contempt.
• General – when it is empowered to decide disputes
• Limited – when it has authority to hear and determine
only a few specified cases;
• Original – when it can try and decide a case presented for
the first time;
• Appellate – when it can try and decide a case which have
been previously decided by another court;

Jurisdiction of Courts
• Exclusive – When it can try and decide a case which
cannot be presented before any court;
• Concurrent – When two or more courts may take
cognizance of a case;
• Criminal – that which exist for the punishment of crime;
and
• Civil – that which exists when the subject matter is not of
a criminal offense.

Jurisdiction of Courts
• ultimate power of Supreme Court to interpret the
Constitution and to declare any legislative or executive
act invalid when it is in conflict with the fundamental law

Power of Judicial Review

Supreme Court - 24 months;

Court of Appeals - 12 months;

Inferior Courts - 3 months unless reduced by the SC

Sandiganbayan - 3 months

Periods of Rendition of Decision

- Creation of new courts, replaces those which are declared
abolished;

- The reorganization herein provided shall include the

Court of Appeals, the Court of First Instance, the Circuit
Criminal Courts, the Juvenile and Domestic Relations
Courts, the Courts of Agrarian Relations, the City Courts,
the Municipal Courts, and the Municipal Circuit Courts.

R.A. 129 (The Judiciary Reorganization Act of

1980)
Guide Terminologies:
Acquitted
- The accused is found by the court not guilty of the charges

Convicted
- The accused is found guilty

Dismissal
- the term that is used when a case is thrown out of court without
any consideration for trial.

Sentencing
– when the court determines the proper penalty for the crime
adjudged as have been committed by the convicted person
JURISDICTION IN CRIMINAL
CASES
(mostlawfirm.net)
• ORIGINAL JURISDICTION:
• over cases involving ambassadors, other public ministers and consuls;
petitions for certiorari, prohibition, mandamus, quo warranto and
habeas corpus (concurrent with RTC).

• APPELATE JURISDICTION: Review, revise, reverse, modify, or affirm on

appeal or certiorari, final judgments of lower courts in:
• Cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, decree, proclamation, order,
instruction, ordinance or regulation is in question;
• Cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed thereto;
• Cases involving the jurisdiction of lower courts;
• All criminal cases in which the penalty imposed is reclusion perpetua or
higher;
• All cases in which only an error or question of law is involved.

SUPREME COURT (SC)

• ORIGINAL JURISDICTION to issue writs of mandamus, prohibition, certiorari,
habeas corpus, and quo warranto, and auxiliary writs or processes, whether or
not in aid of its appellate jurisdiction (concurrent with SC and RTCs);

• EXCLUSIVE ORIGINAL jurisdiction over actions for annulment of judgments of

RTCs.

• EXCLUSIVE APPELLATE jurisdiction over all final judgments, decisions,

resolutions, orders or awards of RTCs and quasi-judicial agencies, bodies, or
commissions;

• EXCEPT those which fall within the appellate jurisdiction of the SC, namely:
a. COMELEC;
b. Commission on Audit;
c. Sandiganbayan.

COURT OF APPEALS (CA)

• EXCLUSIVE ORIGINAL JURISDICTION over all criminal cases not within the
exclusive jurisdiction of any court, tribunal, or body EXCEPT those within the
jurisdiction of the Sandiganbayan.

• RTC has jurisdiction over criminal cases where the penalty imposable:
• exceeds 4 years 2 mos 1 day imprisonment, irrespective of fine, or
• exceeds fine of P4000, if only a fine is imposable.

• ORIGINAL JURISDICTION over issuances of certiorari, prohibition,

mandamus, quo warranto, habeas corpus & injunction (CONCURRENT
WITH SC & CA)

• APPELLATE JURISDICTIONS over all cases decided by the lower courts

(MTCs) in their respective territorial jurisdictions.

REGIONAL TRIAL COURTS (RTC)

• Violations of city or municipal ordinances;

• All offenses punishable with not more than 4 years 2 mos 1

day imprisonment, irrespective of fine;

• All offenses punishable by only a fine of not more than

P4,000;

• Offenses involving damage to property through criminal

negligence.

Municipal Trial Courts, Metropolitan Trial

Courts in Cities & Municipal Circuit Trial
Courts (MTC/MTCC/MCTC)
• The COURT serves as the final ARBITER of all
disputes involving criminal law;
• No one should put the law into their “own
hands;”
• To avoid the principle of “lex taliones.”

WHY COURTS ARE IMPORTANT

IN CJS?
IV. CORRECTION
• branch of administration of justice charged
with the custody, supervision, and
rehabilitation of convicted offenders.

Correction Defined:
• When the conviction becomes final and
executory;
• When judicial process has been completed;
• When MITTIMUS & COMMITMENT ORDER
are issued by the court.

When does the CORRECTION

pillar start to function?
• Deterrence;

• Rehabilitation;

• Reintegration;

• Isolation & Incapacitation;

• Punishment.

PURPOSES OF CORRECTIONS
COMMITMENT ORDER MITTIMUS
• A written order of the • A WARRANT issued by
court or authority the COURT bearing its
seal and the signature of
consigning a person
the judge directing the jail
to jail or prison for or prison authorities to
detention. (Gabao, RECEIVE the convicted
2017) offender for the service
of sentence.
Institutional Correction Non-institutional
Correction
• conducted in the • alternative to institutional
confinement of prison form; qualified convicted
and correctional person is given the
establishments chance to reform outside
prison and within the
community

Concepts of Correction in the

Philippines
a. Municipal prisoners – with imprisonment term of not more than 6
months;

b. City Prisoners – with imprisonment term of one day to three

years;

c. Provincial prisoners – 6 months and 1 day to 3 years; and

d. National prisoners – 3 years and 1 day and above.

Categories of Prisoners:
• A jail is a secure facility that houses three main types of
inmates:

• People who have been arrested and are being held pending a
plea agreement, trial, or sentencing;

• People who have been convicted of a misdemeanor criminal

offense and are serving short sentences;

• People who have been sentenced to prison and are about to

be transferred to another facility.

What is a JAIL?
• LOCK-UP – security facility, usually in police
stations, temporary detentions
• ORDINARY JAIL – detention of prisoners,
serving short sentences, waiting for transfer
• WORKHOUSES/JAIL FARMS/CAMP –
minimum custody offenders serving short
sentences

TYPES OF JAIL
Penal Colonies and
National Penitentiaries
in the Philippines
• formally estblsd American
Period in 1904
• Largest, with 4
zones/districts
Central Sub-colony – 14,700
htrs.
Sta. Lucia – 9,685 htrs.
Montible – 8,000 htrs.
Inagawan – 13,000 htrs.

• Recent developments and

presidential proclamations
have dramatically reduced
its size

Two categories of prisoners:

• Colonists
• Settlers – farm for their
own benefit and receive
credit money upon release
from the colony

Iwahig Penal Colony – Palawan

• 30,000 htrs. Apprx.

• First penal settlement

under Filipino
administration,
opened in 1932, Act #
3732

• colony-in-exile in
Inagawan District of
Iwahig at the start of
WWII

• One of the largest

banana plantations

Davao Penal Colony – Davao

• 16,190 htrs.

• Est. in Sept. 26,

1954, Proclamation
# 72

• three sub-colonies

• Used for
decongesting the
Nat’l Bilibid Prison

Sablayan Penal Colony and Farm –

Occidental Mindoro
• Est in Aug. 21, 1870,
through a royal
decree promulgated
in 1869
• Gov. Gen. Ramon
Blanco
• Named after the
governor’s patron
saint
• Used originally for
political prisoners
• Oldest penal facility
in the Philippines

San Ramon Prison and Penal

Farm - Zamboanga
• Originally in Manila;
later transferred to
Muntinlupa thru
Commonwealth Act #
67;
• Officially named NBP
on Jan. 22, 1941;
• Largest walled penal
institution;
• Maximum security
facility inside the
compound and two
external facilities:
 Camp Sampaguita –
Medium Security
 Camp Bukang
Liwayway –
Minimum Security

New Bilibid Prison - Muntinlupa

• Jan. 16, 1973,
Proclamation #
1101

• Admitted convicts
in Region VI and
from NBP in
Muntinlupa

Leyte Regional Prison –

Abuyog, So. Leyte
• Originally occupied
18 htrs.
• Est. on Nov. 27,
1929
• Act # 3579
• Women were
transferred from
Old Bilibid Prison
on Feb 14, 1931
• Embroidery,
poultry, piggery

Correctional Institution for

Women – Mandaluyong
• To emphasize the new trend in modern
penology, the Bureau Of Prisons was
renamed BUREAU OF CORRECTIONS
by virtue of E.O. No. 292 dated Nov. 22,
1989.

Bureau of Prisons to
BUCOR
• Under Section 19, Article VII of the Constitution, except
in cases of impeachment, or as otherwise provided, the
President may grant reprieves, commutations and
pardons, and remit fines and forfeitures, after conviction
by final judgment.

• Executive clemency rests exclusively within the sound

discretion of the President, and is exercised with the
objective of preventing a miscarriage of justice or
correcting a manifest injustice.

What is EXECUTIVE CLEMENCY?

• Pardon – exempts the offender from punishment. Extended by the
Chief Executive
a. Absolute Pardon
b. Conditional Pardon

• Parole – enjoyed by a prisoner upon completion of the minimum

period of his sentence

• Amnesty – extended to a group of persons with the concurrence of

the congress
a. recipients of this are political offenders
b. amnesty abolishes the offense as though he committed no
offense

• Commutation – a heavier sentence is reduced to less serious one;

does not forgive the offender but merely reduces the penalty

Forms of Non-Institutional Programs

• Reprieve – a temporary stay of the execution of sentence

• Good Conduct Time Allowance (GCTA) – shortening

sentence due to good behavior during the stay in the institution

• Probation – a disposition under which a defendant, after

conviction of a sentence, is released subject to the conditions
imposed by the court and to the supervision of a probation
officer
a. A privilege extended to a convict
b. a substitute for imprisonment
c. does not require offender to go to prisons.

Non-Insti….. Cont’d.
• Sentenced of more than six (6) years;

• convicted of any crime against the national security;

• previously been convicted by final judgment of an offense punished

by imprisonment of more than six (6) months and one (1) day and /
or a fine of more than one thousand (Php1,000.00) pesos;

• have been once on probation under the provisions of this Decree;

• already serving sentence at the time the substantive provisions of this

Decree became applicable pursuant to Section 33 hereof

WHO ARE DISQUALIFIED FROM

APPLYING FOR PROBATION?
V. COMMUNITY
• Considered as the “informal” member of the
pillars of justice;
• Understood as “elements that are mobilized &
energized to help authorities in effectively
addressing the law and order concerns of the
citizenry.”

ROLE OF COMMUNITY IN CJS

• The community has an unparalleled role
as the fifth pillar of the CJS.

• In fact, the community should be

considered the first pillar because it is
above all that aspires after a certain
quality of social life expressed in public
policy as well as in criminal law and
codes.
COMMUNITY
• Prisoner Reintegration and the Stigma of Prison
Time (Moran, 2012)
• “…empirical evidence that explores the embodied
experiences of release and reintegration, identifying specific
examples of prison time being ‘inscribed’ on the body
which prove problematic for former prisoners, and
demonstrating the ways in which their attempts to ‘erase’ or
overwrite these inscriptions constitute a stage in the
continual corporeal process of becoming.”

Role of COMMUNITY in CJS

• Factors Contributing towards Stigmatisation
of Offenders in Singapore (Chi Meng Chu,
2016)
• “…respondents who perceived offenders as
incapable of changing, as well as those who felt
more morally outraged by the crimes they had
committed, indicated a greater desire for social
distance from offenders. Respondents also had a
tendency to desire distance from sexual and
violent offenders more than they did from white-
collar offenders.”
GOOD LUCK ! ! !
“A Person who asks is a Fool but ONCE…
A Person who doesn’t is a Fool FOREVER.” – Chinese Proverbs