CA1 REVIEWER

 WHAT ARE THE 5 PILLARS?

1. Law enforcement
2. Prosecution
3. Court
4. Correction
5. Community

 PDL (PERSON DEPRIVED OF LIBERTY),(RA-1198)

 CRIMINAL JUSTICE SYSTEM (ADULT)
 JUVENILE JUSTICE SYSTEM (MINORS),(RA- 9344),(Raised up to 15
y/o)

 CORRECTION
1. Is the branch of administration of criminal justice charged with the
responsibility for the custody, suspension and rehabilitation of those who
judicially found violated criminal law.
2. Correction is in a view of reorientation or re-instruction of the individual
with a purpose of preventing a repetition of the unlawful activities without
necessity of taking punitive action.

 2 APPROACHES OF CORRECTION
1. Institutional Correction (Institution-based correction)- Inside
correctional facilities
2. Non-Institutional Correction (Community-based Correction)- Within
the community.

 COMMUNITY- BASED CORRECTION PROGRAMS

1. Probation- Sentence is released subject to the conditions imposed by the
court and to the supervision of probation officer.
 Who grant the Probation?
Court
2. Parole- A conditional release from prison of a convicted, person upon
service of the minimum of his indeterminate penalty.
 Who grant the Parole?
The Board of Pardons and Parole, an agency under the Office of the
Secretary of Justice.
3. Pardon- A form of executive clemency which is exercise exclusively by
the chief executive.
 2 types of Pardon
1. Conditional Pardon
2. Absolute Pardon
 Who grant the Pardon?
The Chief Executive (The President of the Philippines)

 AGENCIES OF THE GOVERNMENT CHARGE W/ CORRECTIONAL

RESPONSIBILITY
1. Bureau of Correction- (BUCOR)
2. Bureau of Jail Management & Penology- (BJMP)
3. Board of Pardons & Parole- (BPP)
4. Parole and Probation Administration- (PPA)
5. Provincial and Sub- provincial Jail- (PSJ)

 IMPRISONMENT
Defined as the act of confinement of a person in prison, restraint of
one’s personal liberty, forcible detention of a man’s person or his
movements.

 CONSTITUTIONAL LIMITATION OF THE GOVERNMENT TO PUNISH

CRIMINALS
Legal Rights against Unlawful Imprisonment or detention
Protected rights of an individual is his right to liberty provided for under 1987
Constitution, which states, “No person may be deprived of lives, LIBERTY and
property without due process of law” the REVISED PENAL CODE provide
punishments not only to public officers violating this constitution right of an
individual, but also private persons as well.

 DIFFERENCE BETWEEN ARBITRARY DETENTION AND ILLEGAL

DETENTION
1. Arbitrary Detention (Art. 124, RPC) - unlawful detention of a person
committed by public officers or officials.
 Delay in delivery of detained person to proper judicial authority
under (Art. 125)
2. Illegal Detention (Art. 267-268, RPC) - unlawful detention of a person
committed by private person.

 THE PRESCRIBED PERIODS UNDER ARTICLE 125 ARE FOLLOWS:

1. 12HOURS - crimes/offenses punishable by light penalties (Arresto Menor-
or a fine not exceeding Forty thousand pesos (P40,000) and shall be from
9 months and 1 day to 6 months).
2. 18HOURS - crimes/offenses punishable by correctional penalties (Arresto
Mayor shall be from 6 months and 1 day to 6 years)
3. 36HOURS - crimes/offenses punishable by afflicted or capital penalties
(Reclusion perpetua - The penalty of reclusion perpetua shall be from 20
years and 1 day to 40 years) or (Reclusion Temporal - The penalty of
reclusion temporal shall be from 12 years and 1 day to 20 years).

 UNLAWFUL ARREST UNDER ARTICLE 269, ELEMENTS:

1. That the offender arrests or detains another person;
2. That the purpose of the offenders is to deliver him to the proper
authorities; and
3. That the arrest or detention is not authorized by law or there is no
reasonable ground thereof.

 CONSIDERED LEGAL GROUNDS FOR DETENTION OF ANY PERSON

1. Commission of the crime.
2. Violent insanity or any other ailment requiring compulsory confinement in
a hospital.
NOTE: Under the government exercise of police power, those person who are
infected of contagious disease may likewise be separated to the rest of the
population.
 INMATE
Is a person Committed to Jail/Prison by a competent court or authority for any
of the following reasons:
1. To serve a sentence after conviction
2. Under Trial
3. Under Investigation

NOTE:
 Requisites for valid exercise of Criminal Jurisdiction
a) There must be a jurisdiction over the subject matter
b) There must be a jurisdiction over the Territory, and
c) There must be a jurisdiction over the person of the accused.
 Aside from courts, there are other authorities that can commit a person to
jail like boards and commission and even police authorities within limited
periods.

 GENERAL CATEGORY OF INMATES

1. Sentenced Prisoner (Prisoner) - are persons who are convicted by final
judgement of the crime charged against them;
2. Detention Prisoner (Detainee) - are persons who are detained for the
violation of law or ordinance and has not yet been convicted; and
3. Person held for investigation or safekeeping - is the temporary custody of
a persons or detention of a person for his own protection or care, to
secure from liability to harm, injury or danger.

 WHEN JUDGEMENT OF CONVECTION IN CRIMINAL CASE

BECOMES FINAL
1. After the lapse of the period for perfecting an appeal which is fifteen (15)
days;
2. When the sentence has been partially or totally satisfied or served;
3. When the accused expressly waives in writing his right to appeal;
4. When the accused applies for probation.

 CLASSIFICATIONS OF SENTENCED PRISONERS

1. Insular Prisoner - is a person who is sentenced to serve a prison term
over three (3) years and it is also known as National Prisoner.
2. Provincial Prisoner - one who is sentenced to a prison term of six (6)
months and one day to three (3) years.
3. City Prisoner - is a person who is sentenced to serve a prison term of one
(1) day to three (3) years.
4. Municipal Prisoner - is a person who is sentenced to serve a prison term
of one (1) day to six (6) months.
 INMATES SECURITY CLASSIFICATION - The inmate's security
classification utilized by the BJMP is different from what being used by the
Bu Cor.
BJMP CLASSIFICATION BUCOR CLASSIFICATIONS
1. High Risk Inmates 1. Super
2. High Profile Inmates 2. Maximum
3. Ordinary Inmates 3. Medium
4. Minimum

 RPC - Revised Penal Code

 DETAINED
i. Generally means to prevent from proceeding, to restrict freedom of
movement.
ii. Means to hold a person in custody or questioning suspicious of unlawful
activity.

 In order for the accused to be guilty of Serious illegal detention, the

following elements must concur:
a) the offender is a private individual;
b) he or she kidnaps or detains another, or in any manner deprives the latter
of his liberty;
c) the act of detention or kidnapping must be illegal; and
d) in the commission of the offense any of the following circumstances is
present:

 CRIMINAL JURISDICTION - A power of Authority

6 DIFFERENT COURTS

1. Municipal trail court/ municipal circuit trial court/metropolitan trial

court Original jurisdiction; (a) all violations of city and municipal ordinances,
(b) all offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of fine, damage to property through criminal
negligence.

2. Regional trial court (RTC) Original jurisdiction: (a) those which carry the
penalties exceeding six (6) years of imprisonment, (b) those covered by the
jurisdiction of the Sandiganbaya,.

3. Sandiganbayan Original jurisdiction: violations of RA 3019 (anti-graft and

corrupt practices Act), RA 1379, ad chapter II, section 2 title VII, of book II of
the RPC
a) Officials of the executive branch of the government occupying the
positions of regional director and higher, otherwise classified as Grade 27
and higher.
b) Philippine Army and air force colonels, naval captain and all officers of
higher rank
c) Officer of the PNMP (provincial director and those holding the rank of
senior superintendent or higher
4. Court Martial - Exclusive Jurisdiction over members of the Armed Forces
of the Philippine (AFP) with the rank lower than Colonel/Naval Captain.

5. Court of appeals. Appellate jurisdiction: decisions or judgements of the

RTC

6. Supreme court - Appellate jurisdiction: decisions or judgments of the CA

and the Sandiganbayan.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS

BEING PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM

1. At the police stage, during investigation, he is referred to as the

SUSPECT.

2 At the prosecutor's office, during the determination of probable cause or

during the preliminary investigation, he is referred to as the
RESPONDENT

3.At the trial of the case, when a case has been filled in court, he is referred
to as the ACCUSED

4. Once the court has determined that the accused is guilty beyond
reasonable doubt as charge and the judgement has been rendered, he is
referred to as the CONVICT.

4. It is only upon undergoing all the process when the person has served
the sentence when he can really be considered as a CRIMINAL.

 AT LARGE - Still free and has not been apprehended

 WARRANT OF ARREST/SEARCH WARRANT - It needs when a person
is at large.
 COMMITMENT ORDER - a written order of the court, or. any agency
authorized by law to issue, entrusting an. inmate to a jail for the purpose
of safekeeping during the pendency of his/her case.
 SECTION 6 RULE 112 - PRELIMINARY INVESTIGATION
Sec. 6. When warrant of arrest may issue. – (a) By the Regional Trial Court. –
Within ten (10) days from the filing of the complaint or information, the judge
shall personally evaluate the resolution of the prosecutor and its supporting
evidence. He may immediately dismiss the case if the evidence on record
clearly fails to establish probable cause.

 When Is Bail a Matter of Right?

Section 4 of Rule 114 states that all persons in custody shall be
admitted to bail as a matter of right:
1. Before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court;
2. Before conviction by the Regional Trial Court of an offense not punishable
by death, reclusion perpetua, or life imprisonment; and
3. Before judgment of conviction by RTC of an offense punishable by Death,
Reclusion Perpetua or Life Imprisonment and evidence of guilt is not
strong.

 When Is Bail A Matter of Discretion?

1. Before judgment of conviction by the RTC of an offense punishable by
death, reclusion perpetua or life imprisonment, and the evidence of guilt is
strong.
2. After judgment of conviction by the RTC of an offense punishable by
death, reclusion perpetua or life imprisonment
3. After judgment of conviction by the RTC and the penalty imposed is
imprisonment exceeding 6 years but less than death, reclusion perpetua
or life imprisonment, and any of the following bail-negating circumstances
is present:
4. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
5. That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid justification;
6. That he committed the offense while under probation, parole, or
conditional pardon;
7. That the circumstances of his case indicate the probability of flight if
released on bail; or
8. That there is undue risk that he may commit another crime during the
pendency of the appeal.

STAGES IN CRIMINAL PROCEEDINGS

1. Police investigation
The first stage pertains to police activities that is the initial investigation of
crimes reported or discovered by police authorities. These results, to the
following.

A. Arrest with warrant

B. Warrantless arrest
C. Custodial investigation

3. Preliminary investigation
The stage, which the public prosecutor evaluates the finding of the police to
determine if the prosecution of the suspect in court is warranted.

4. Criminal action proper

Upon filing a complaint with the public prosecutor for preliminary investigation
of offenses under the jurisdiction of RTC, a criminal action sis deemed
instituted under the law. This includes the ff:

A. Warrant of arrest
B. Arraignment
C. Pre - trial
D. Trial
E. Judgement
F. Execution
- If the appeal of the convicted accused is unsuccessful and his conviction is
offered, the case will be remanded to court of origin for the execution of
judgements.

remedies for the convicted accused

1. Motion for new trial or reconsiderations
2. Appeal

5. Court's exercise of discretion:

A. To set bail or set conditions for the release of the accused;
B. To rule on the procedural matters as raised by the defendant or the
prosecutor during the trial;
C. To impose sentence or not;
D. To convict or to acquit the accused;
E. To revoke probation or suspended sentence.

6. Arraignment
a) It is the stage where the issue are joined in criminal action and without
which the proceedings cannot advance further.
b) Its is the stage of the proceedings whereby the accused shall be informed
of his/her constitutional right to be (officially) informed of the nature and
the cause of the accusation against him and to ask him of his plea.

7. Judgment
it is the adjudication by the court that the accused is guilty or not the offense
charged and the imposition on him of the proper penalty and civil liability, if
any, it must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon which is based.

8. Promulgation of judgment
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was accused and nay judge of the court in
which it was rendered. However, if the conviction is for a light offense, the
judgement may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside the province or city, the
judgement may be promulgated by the clerk of court.

NOTE: RIGHT TO HAVE DUE PROCESS EVEN IT IS FABRICATED