University of Luzon

Perez Blvd. Dagupan City, Pangasinan

GROUP 6
INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Submitted by: Roxas, John Gil V.

Nevado, Ray Marco C.

Evangelista, Norman Jay

Javier, Althea M.

Viduya, Fernando Gerero Jr.

Cereno, Chris John N.

Balolong, Michael Dwayne M.

 CHAPTER I

INTRODUCTION TO CRIMINAL JUSTICE

BASIC TERMINOLOGIES, PRINCIPLES AND PHILOSOPHICAL APPROACHES

A. Criminology and Criminal Justice Differentiated

Siegel and Senna states that "criminal justice may be viewed or defined as the system of law
enforcement, adjudication, and correction that is directly involved in the apprehension, prosecution,
and control of those charged with criminal offenses".

The Three Pillars in American Criminal Justice System:

Law Enforcement

the Courts

the Corrections

The Five Pillars in Philippine Criminal Justice System

Law Enforcement

Prosecution

Courts

Corrections

Community.

a Criminal Justice System (CJS) involves a number of government agencies that ensures the
protection of the public, the maintenance of order, the enforcement of the law, the identification of
transgressors, the prosecution of the accused and the finding of the guilty, and the correction and
treatment of criminal behavior.

Sutherland, Cressey and Luckenbill define criminology as

"the body of knowledge regarding crime as a social phenomenon.

It includes within its scope the process of making laws, of breaking laws, and of reacting toward the
breaking of laws".
Three Interrelated Divisions in Criminology:

i. The Sociology of Criminal Law which systematically analyzes the conditions under which penal laws
develop and explains as well the procedures used in police agencies and courts. This first division
focuses on law making'

ii. The Sociology of Crime and the Social Psychology of Criminal Behaviour which examines
economic, social and political conditions that generates or prevents the commission of crimes. This
second division focuses on 'law-breaking.

ili. The Sociology of Punishment and Correction that systematically analyzes the procedures and
policies that aims to control crimes. This third division focuses on 'society's reaction to law-breaking'.

Difference between criminal justice and criminology?

-While Criminology explains the etiology, extent, and nature of the crime in society; Criminal Justice
studies the agencies of social control that handles criminal offenders.

B. Crime and Criminal Justice System (CJS)

What is the event that calls for the operation of the CJS? Why?

-Crime is the event that calls for the operation of the criminal justice system.

When a crime is committed, it disturbs the tranquility and harmony of the society.

Enumerate some of the legal principles or maxims regarding a crime or a criminal act?

* "Nullum crimen nulla poena sine lege" That is - There is no crime where no law is punishing it.

* The maxim is, "actus non facit reum, nisi mens rea"-A crime is not committed if the mind of the
person performing the act complained be innocent.

* The maxim is "Actus me invito factus, non est meus actus"- An act done by me against my will is
not my act.

* Crimes mala en se and crimes mala prohibita. The first set of crimes refer to those that are
naturally criminal on moral grounds while the second set of crimes pertain to those acts that have
been criminalized for regulatory purposes. Murder is an example of a mala en se while Illegal
Possession of Firearms and Ammunition is an example of mala prohibita
What department of the government defines and punishes an act?

* The 1987 Philippine Constitution empowers 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, with the power to enact, modify or repeal laws." It is empowered to determine
what acts are deemed harmful to our society and punishes such acts in order to suppress them.

What is crime in the criminological sense?

• A crime is a violation of societal rules of behavior as interpreted and expressed by a criminal legal
code created by people holding social and political power. Individuals who violate these rules are
subject to sanctions by state authority, social stigma, and lose of status.

What is crime in the legal sense?

-Criminologists define crime as a voluntary and intentional violation by legally competent person of a
legal duty that commands or prohibits an act for the protection of the society.

definition, what are the things that apparently constitute crime?

They are the following:

1. The act must be voluntary. Thus, if the criminal act were shown to have been done involuntarily as
when the individual is forced to commit a criminal act against his will, the person cannot be found
guilty of the crime.'

2. It must be intentional. Thus, otherwise criminal act that occurs by accident generally is not
considered crimes. 1º

3. It must be committed by a legally competent person. Under the law certain persons are
considered not capable of committing a crime, like the insane or those who are fifteen (15) years old
and below.

4. The behavior that constitutes crime can be either an act of commission or an act of omission.
Thus, one maybe guilty of a crime by doing something which is prohibited or should not be done (i.e.
murder), as well as doing what the law says should be done (i.e. payment of tax).

5. A crime is an act that threatens the welfare of the society and is punishable by judicial
proceedings in the name of the state. Thus, crime is considered to be a crime against the collective
well-being of the society.'
Based also on the legal definition, how may the government convict a person of a crime?

In order to convict a person, the government must show that:

1. An act was committed, that at the time of its commission, was prohibited, or that the accused
failed to do something commanded by law (act); (In this connection it is better to recall the
principles or maxims in criminal law as previously stated.)

2. That the accused did the act voluntarily and with full knowledge of what he or she was doing (the
crime must be committed with the concurrence of intent, freedom of action, and intelligence, or by
means of negligence or imprudence);

3. That the act resulted from the intent (the concurrence of act and intent or negligence or
imprudence);

4. That the act and the intent caused something to occur that was offensive to the law (causation);
and

5. That it caused some harm to society (result).

NOTE: In the Philippines, if a crime is punished by the Revised Penal Code, it is called a felony; if by a
special law, it is called an offense; if by an ordinance; it is called an infraction of an ordinance.

How are crimes classified by criminologists?

Criminologists devote a great deal of attention to defining crime in general or in specific terms.

What is the importance or effect of the classification of crimes in the administration of criminal
justice?

It is very important because it will affect the decision-making of the agents or agencies of Criminal
Justice in regard to enforcement of crimes. Serious crimes like murder, robbery or kidnapping for
ransom are more likely to be enforced, investigated, prosecuted or may even be given priority in
court proceedings compared to light or insignificant crimes like violation of an ordinance. Moreover,
a complainant of a serious crime will certainly report the crime or pursue the interest in the
outcome of the case.

How are crimes classified under Book II of the Revised Penal Code?

Book Two of the Revised Penal Code classifies crimes in the following:

* Crimes Against the National Security and the Laws of the State
* Crimes Against the Fundamental Law of the State

* Crimes Against Public Order

* Crimes Against Public Interest

* Crimes Relative to Opium and Prohibited Drugs

* Crimes Against Public Morals

* Crimes Committed by Public Officers

* Crimes Against Persons

* Crimes Against Personal Liberty and Security

* Crimes Against Property

* Crimes Against Chastity

* Crimes Against the Civil Status of Persons

* Crimes Against Honor

* Quasi-offenses

C. Criminal Law and the CJS

What is the basis of the CUSP Explain.

The Criminal Justice System is based on the enacted Criminal Law/ Statutes. Only violations of
Criminal Law are being considered and processed in the Criminal Justice System.

Where there is no violation of Criminal Law or where there is no commission of the crime, in
general, Criminal Justice as a process will not operate.

In the Philippines, Criminal Law is defined as that branch of public law, which defines crimes, treats
of their nature, and provides for their punishment.

What are the two classifications of criminal law?

-Criminal Law may either be Substantive or Procedural.

Define substantive criminal law.

-Substantive Criminal Law defines the elements that are necessary for an act to constitute a crime
and therefore punishable.
What are the two classifications of criminal law?

-Criminal Law may either be Substantive or Procedural.

Define substantive criminal law.

-Substantive Criminal Law defines the elements that are necessary for an act to constitute a crime
and therefore punishable.

Define procedural criminal law.

-Procedural Criminal Law refers to a statute that provides procedures appropriate for the
enforcement of the Substantive Criminal Law.

What are the sources of substantive criminal law in the Philippines?

-The following are the sources of Substantive Criminal Law in the Philippines:

1. The Revised Penal Code

2. Presidential Decrees

3. Special Penal Laws

4. City and Municipal Ordinances

What are the sources of procedural criminal laws in the Philippines?

The following are the primary sources of Criminal Law Procedures in the Philippines:

* The Bill of Rights of the Philippine Constitution.

* The Revised Rules of Criminal Procedure;Rules of Court.

* Other Rules on Criminal Procedures promulgated by the Supreme Court pursuant to its
Constitutional mandate.

What are the two basic principles of criminal law we adhere to in the administration of the CJS in the
Philippine?

-Our system of justice operates on two key principles of criminal law.

The first is "the presumption of innocence"?

This means that those who are accused of crimes are considered innocent until proven guilty. This is
the fundamental assumption of our legal system that at least in theory is supposed to exist.

The aceused is entitled to all the rights of the citizens until the accused's guilt has been determined
by the court of law or by the accused's acknowledgment of his guilt that he or she indeed committed
the crime.

The second principle is "the burden of proof's which in criminal cases means that the government
must prove beyond reasonable doubt that the suspect committed the crime.

Meaning of proof beyond reasonable doubt

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of
error, produces absolute certainty. Moral certainty is only required, or that degree of proof which
produces conviction in an unprejudiced mind.

D. Criminal in relation to CJS

Who is the criminal in relation to the administration of the CJSP

The criminal is the main character, so to speak, of the Criminal Justice System. Some authors even
refer to him as the superstar, if you will, because upon him the pillars of the system revolve.

Define a criminal, in the criminological sense, the legal sense, and as defined in the criminal justice
sense.

A criminal may be defined in three (3) different views:

1. In the Criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless of whether or not it has been referred or reported to the police for
investigation.

2. In the legal sense, a person may be considered a criminal only upon undergoing the judicial
process and upon determination by the Court that he or she is guilty beyond reasonable doubt.

3. In the Criminal Justice sense, a criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal justice System.

What are the different nomenclatures given to the person who is being processed under the CJS?

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

2. At the Prosecutors 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 filed in Court, he is referred to as the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged
and the judgment has been rendered, he is referred to as the CONVICT.

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

Give the classifications of offenders or criminals.

As to the crime committed (for the crime of murder, murderer; for the crime of robbery, robber; for
theft, a thief; for rape, rapist, etc.jal

As to the method by which the crime was committed (Akyat Bahay Gang, Dura Gang or Alupihan
Gang, Budol Budol Gang, etc.)

As to the tools or instruments used in the commission of the crime (by means of acetylene for
Acetylene Gang; hammer for the Ben Panday Gang, etc/32

- As to the age of the Offender (Juvenile Offenders or those committed by minors

- As to the general effect on the victim (those who are committing violent crimes like murder,
homicide, physical injuries, or even

E. The Concept of Justice

Mortimer J. Adler, as cited by Professor Florante A. Seril, has indicated the essence of justice in two
precepts:

-The first is "to render to each his due."36 For instance if one borrows money promising to pay it
back, it is only just for the borrower to pay back the said debt. It is rendering to him what is due. To
refuse to pay it back is unjust since it amounts to keeping what belongs to another.

-The second is "treat equals equally and unequal unequally in proportion to their inequality."

Give the four elements of justice in order that justice may be dispensed of absolutely.

To dispense absolute justice requires the presence of four elements38:

1. The absolute ability to identify the law violator.3°

2. The absolute ability to apprehend law violator.*°

3. The absolute ability to punish law violator.*

4. The absolute ability to identify the intent of the law violator.

The four types of mistakes that can happen when society attempts to administer justice.
When societies attempt to administer justice, mistakes are inevitable. The types of mistakes include
the following:

-The innocent is punished.

-The guilty escapes the punishment.

-The guilty are punishment more severely than necessary.

- The guilty are punished less severely than necessary."

The justice system tends to possess a two-fold role, namely:

1. The prevention of certain activity that is harmful to society; and

2. The apprehension and the formal processing of individuals who have committed illegal acts.

F. The Criminal Justice System

Define the criminal justice system.

-Criminal Justice System is defined as the machinery of the State or government, which enforces the
rules of conduct necessary to protect life and property and maintain peace and order.

The five pillars of the criminal justice system in the Philippines?

In the Philippine Setting, the following are the pillars or components of the Criminal Justice System:

1. Law Enforcement

2. Prosecution

3. Courts

4. Corrections

5. Community

The first four components are the so-called formal Criminal Justice System. Outside the formal
organization, however, the community is the basic element or informal pillar and considered the
fifth component or pillar of the entire

Criminal Justice System

The three (3) major components of the American CJS.

The following are the major components of the American

Criminal Justice System:

1. Law Enforcement

2. Courts

3. Corrections

In the Philippine CJS setting:

* The Law Enforcement, particularly the Philippine National Police (PNP) is under the Department of
Interior and Local Government (DILG); while the National Bureau of Investigation*s is an agency
attached to the Department of Justice (DOJ).

* The Prosecution Service is under the DOJ; while the OMBUDSMAN is a Constitutional body
independent from even the three major and co-equal branches of the government.50 On the other
hand, the Public Attorneys Office (PAO) is also under the DOJ. Thus, the prosecution, generally
considered as the representative of the State in criminal cases, and the Public Attorney's Office,
which also generally represents the accused or the respondent in criminal cases belong to the same
department of the government.

* Ihe Courts, meaning the regular civil courts, including the Sandiganbayanº2

and Special Criminal Courts 53

, are under

the supervision and control of the Supreme Court.54

›The Correctional Institutions are either under the DOJ or the DILG.

• The Bureau of Corrections or the National

Penitentiary is under the DOJ.

• By virtue of R.A. 6975, the Bureau of Jail Management and Penology (BJMP)

The primary goals of the Criminal Justice

System (CJS):

1. To protect the members of the society. CJS is the formal instrumentality authorized by the people
of the nation to protect both their collective and individual well-being.

2. The maintenance of peace and order. There is a need for political and institutional stability as a
goal of an organized society. Because crime and disorder disrupt stability in the society, we have
given the CJS the authority to act as society's representative and to serve as the instrument by which
the existing order is maintained.

The sub-goals of the Criminal Justice System:

1. The prevention of crime.

2. The suppression of criminal conduct by apprehending offenders for prevention ineffective.

3. The review of the legality of our preventive and suppressive measures.

4. The judicial determination of guilt or innocence of those apprehended

5. The proper disposition of those who have been legally found guilty.

6. The correction by socially approved means of the behavior of those who violate the law.

G. Philosophical Approaches behind the CJS

the Philosophical approaches behind the

Criminal Justice System.

1. The Adversarial Approach; and

2. The Inquisitorial Approach.

 CHAPTER II

LAW ENFORCEMENT THE FIRST PILLAR IN THE ADMINISTRATION OF THE CRIMINAL JUSTICE
SYSTEM (CJS)

●What is law enforcement in relation to the CJS?

-Law Enforcement is the primary pillar of the Criminal Justice System, initiating actions that other
pillars must follow to achieve its goals.

•Examples of law enforcement initiating action:

*effecting an arrest

*surveillance

*crime investigation

●What in general are the functions of the law enforcement in relation to the administration of the
CJS? Explain each.

•The following are the functions of the Law Enforcement, in general:

(a) To prevent criminal behavior.

Prevention involves all the factors directed toward eliminating the cause of crimes.

(b) To reduce crime.

Crime reduction essentially means eliminating and reducing opportunities for criminal behavior.

© To apprehend and arrest offenders.

This function includes crime investigation and gathering of evidence that could withstand the
scrutiny of the court.

(c) To protect the life and property.

Protecting life and property is essentially the purpose why the PNP was created.

€ To regulate non-criminal conduct.

This involves the community service and the maintenance of order functions of the PNP.

The following are some of the law enforcement agencies in the Philippines:

*PNP – Philippine National Police

*NBI-National Bureau of Investigation

*PCG- Philippine Coast Guard

*PPA – Philippine Ports Authority

*AFP-Armed Forces of the Philippines

*AMLC-Anti-Money Laundering Council

*PDEA – Philippine Drug Enforcement Agency

*BI – Bureau of Immigration

*BoC – Bureau of Customs

*OMB Optical Media Board

*IPOPHIL – Intellectual Property Office of the Philippines

*PAOCC-Presidential Anti-Organized Crime Commission

*PCTC – Philippine Center on Transnational Crime

*ATC – Anti-Terrorism Council

*NICA – National Intelligence Coordinating Agency

*BIR – Bureau of Internal Revenue

*OTS – Office of Transport Security

*MMDA – Metro Manila Development Authority

*SEC Securities and Exchange Commission

*LTO-Land Transportation Office

*OSG – Office of the Solicitor General

*DOLE – Department of Labor and Employment

*BFP-Bureau of Fire Protection

*BJMP – Bureau of Jail Management and Penolog

*POEA-Philippine Overseas Employment Administration

*NTC- National Telecommunication Commission

●The following are some of the Law enforcement Agencies tasked to enforce Criminal Law:

1. The Philippine National Police.

2. The National Bureau of Investigation.

3. The Bureau of Internal Revenue in cases of tax evasion.

●What law or act of congress caused the establishment of the PNP?

-The PNP was established by the enactment of R. A. 6975 otherwise known as the DILG ACT of 1990,
reorganizing the Department of Interior and Local Government.

●When was it established?

-It was established in January of 1991, the date of its effectivity.

The powers enumerated under R.A.6975 can be general categorized into four, what are they?

They are the following:

1. Order Maintenance

2. Community Service
 3. Law Enforcement

4. Neighborhood Policing/Team Policing/ Community Policing

Explain each category:

1.ORDER MAINTENANCE

-James Q. Wilson defined order as the absence of disorder, disrupting public peace or involving
serious conflict. Police are charged with maintaining order, especially in areas where crime might
erupt. Maintaining order is central to policeman’s role, as they receive more calls for help than law
enforcement. This includes quieting noisy neighbors, intervening between store owners and clients,
and addressing domestic disputes, which can lead to violence.

2.COMMUNITY SERVICE

Police perform various community-service functions, such as lectures on crime prevention,

educating women on rape prevention, and visiting school children to educate them. These services
help deter criminal activity and improve the public’s image of the police. However, it’s crucial that
police don’t overstress on community service functions, as this can neglect law enforcement and
order maintenance functions. By focusing on these aspects, police can indirectly improve crime
prevention and public perception.

4. Law Enforcement

Law enforcement is a crucial aspect of police functions, requiring officers to enforce the law and
prevent crime. However, their ability to handle crime is limited and they often require assistance.
Understanding law enforcement requires observing legal requirements

5. Neighborhood Policing/Team Policing/ Community Policing

-Neighborhood team policing aims to integrate police and community interests for peacekeeping. It
assigns a permanent team of policemen to a locality, familiarizing them with local conditions and
interacting with the community. This approach differs from paramilitary organizations as it involves
generalists and specialists in decision-making.

Explain the concept of crime control functions and “Rationing” in the law enforcement pillar.

-Crime control functions in law enforcement are closely linked to the “rationing” concept in
enforcing criminal law. With thousands of laws and diverse criminal classes, it’s impossible to
address all aspects simultaneously. Law enforcement must prioritize which laws to enforce, when, to
whom, and on what occasions. Some laws are enforced, while others are ignored or not enforced.
The rationing concept influences the concept of crime control, determining what specific laws to
enforce.

Define arrest.

Arrest refers to the taking of the person into custody in order that he be made to answer for the
commission of the crime

Define search warrant.

A search warrant is an order in writing issued in the name of the people of the Philippines signed by
the judge and directed to the peace officer, commanding him to search for personal property and
bring it before the court

Define probable cause in effecting arrest.

Probable cause with respect to arrest is such fact and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed by the person sought to be
arrested”

Enumerate some examples of police discretion.

The following are some of the examples of Police discretion:

(a) Whether or not to enforce a specific law (This is referred to as Selective Enforcement112).

(b) Whether or not to investigate, 113

© Whether or not to conduct search of people or building. 114

(c) Whether or not to effect an arrest. 115

€ To determine what charges are to be filed. 116

What is the exception?

Unlike warrant of arrest, the rule as well as lines of jurisprudence has provided for a number of
exceptions to the general rule on search warrant, to wit:

(a) Warrantless search incidental to a lawful arrest under Sec. 12 Rule 128 of the Rules of Court,

(b) Seizure of evidence in plain view;

© Search of a moving vehicle;

(c) Consented warrantless search;

€ Customs search;

(f) Stop and frisk search; and

(g) Exigent and emergency circumstances, 100

What is the exception to the general rule?

The exception to the general rule is provided by the Revised Rules on Criminal Procedures.

Rule 113, Section 5. Warrantless Arrest

A police officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts and circumstances that the person to be arrested has
committed it;

© When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another

What is the general rule in effecting an arrest? Its reason?

The general rule in effecting an arrest is simply to make an arrest only when there is a warrant.

The reason:

(a) For the protection of the person making the arrest in order not to be charged criminally for
violation of Art. 124 or Art. 125 of the R.P.C. and other related penal laws;

(b) Also, to preclude the filing of any civil and administrative charges against the arresting
officer.
 CHAPTER III

The Prosecution

The Second Pillar of The Philippine Criminal Justice System

What is the prosecution as a pillar of the CJS?

The CJS focuses on a criminal case, involving a proceeding Instituted by a competent tribunal to
determine guilt or innocence. This proceeding is carried out by the government, involving formal
charges against the accused.

How is in the prosecution of criminal offenses initiated Philippine setting?

Trial Courts in Metro Manila, Chartered Cities, and Provinces handle offenses requiring preliminary
investigation. For non-preliminary offenses, they are filed at the Public Prosecutor’s office or
Municipal Circuit Trial Courts. Private crimes require consent or initiating the complaint. For offenses
with a one-year penalty and non-corporate offender, conciliation proceedings are required at the
Katarungang Pambarangay (Barangay Justice System).

Who is being represented by the prosecutor in the prosecution of the case?

In criminal prosecution in the Philippines, the prosecution represents the State or the People, as the
real offended party is the people, and the crime is vindication against them, not the offended party.

Prosecutor’s Role

What are some of the roles of the prosecutor?

The following are some of the role of the prosecutors:

(a) To conduct preliminary investigation;

(b) To make proper recommendation during the inquest proceedings of the case referred to them by
the police after the investigation of the suspect;

2/6

© To represent the government or state during the prosecution of the case against the accused;

(d) To act as a legal officer of the province or city in the absence of its legal officer;
€ To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors,
including the support staff of the National Prosecution (NPS),

B. Preliminary Investigation

The preliminary investigation, which is a preliminary examination, is held to determine if there is

sufficient ground to suggest a probable guilty party.

What are the purposes of preliminary investigation?

In general, the preliminary investigation has a three-fold purpose:

(a) To inquire concerning the commission of crime and the connection of the accused with it, in
order that he may be informed of the nature and character of the crime charged against him, and if
there is probable cause for believing him guilty, that the state may take the necessary steps to bring
him to trial;

(b) To preserve the evidence and keep the witness within the control of the state; and

© To determine the amount of bail if the offense is bailable

What are the principal purposes of preliminary investigation?

The following are the principal purposes of preliminary investigation:

1. To determine whether a crime has been committed and whether there is probable cause to
believe that the accused is guilty thereof;

2. To secure the innocent against hasty, malicious and oppressive prosecution;

3/6

3. To protect him from an open and public accusation of a crime, from the trouble, expense, anxiety
of a public trial; and

4. To protect the state from useless and expensive trials.

C. Persons authorized to conduct preliminary investigations

Who are the persons authorized to conduct preliminary investigation?

The following are the officers authorized to conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) National and Regional State Prosecutors; and

© Other officers as may be authorized by law.

Give an example of other officers authorized by law to conduct preliminary investigations. They are
the following:

1. The Ombudsman and special prosecutor and public prosecutors duly authorized by the
Ombudsman with respect to cases under its jurisdiction (ex. Anti-Graft and Corrupt Practices Act.
Bribery, among others);

2. The COMELEC with respect to cases in violation of the Election Law;

3. Private lawyers when duly deputized by any of the above.

V D. Prosecutor’s Discretion

What are some of the discretions of prosecutors?

The following are some of the discretion of prosecutors:

1. Whether or not to file the case in court;

2. What charges to file;

3. Whether or not to decline to prosecute the arrested party;

5. Whether or not to enter into plea-bargaining.

What is the primary goal that the prosecutor may consider in charging decision?

Crime prevention is the primary goal of the prosecutor in charging decision. Prosecutors attempt to
control crime by prosecuting and therefore incapacitating offenders and deterring potential
criminals.
What are some of the factors that may influence prosecutorial decisions?

They are the following:

1. Pressure from the public;

2. Pressure from the media;

3. The desire to get rid of a suspect who is a particular problem to the community;

4. The belief that new evidence would be discovered and that such evidence would be favorable to
the suspect;

4.he nature of the complaint and the attitude of the offended party;

5. The seriousness of the offense;

5. The exchange of the relationship among the components of the CJS as well as the congestion
within and the resource demands placed upon the system.

Is it possible to interfere or to control the prosecutorial discretion?

No, as a general rule, and in the line of cases, even the Supreme Court is reluctant to interfere in the
exercise of the prosecutorial discretion. This is in deference to the Doctrine of Separation of Powers
between co-equal branches of the government; Save in some instances when the prosecutor is
alleged to have gravely abused the exercise of his discretion amounting to lack or excess of
jurisdiction

Is there a remedy available should the prosecutor without just cause decline to prosecute a crime?

The following are the remedies available:

(a) File a motion for reconsideration;

(b) File an administrative appeal with the Secretary of Justice;

© File an administrative case against the Prosecutor;

(d) File a civil case against the prosecutor;

€ File a special civil action for grave abuse of discretion;

(f) File a criminal case against the prosecutor..

E. Bail

Bail is the security given for the release of the person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before any court as required under the conditions as
specified.

What is bail?

When is bail a matter of right?

(a) At the Municipal Trial Courts, Municipal Circuit Trial Courts and Metropolitan Trial Courts, all
persons in custody shall be admitted to bail as a matter of right before or after conviction.

(b) At the Regional Trial Court, all persons in custody shall be admitted to bail as matter of right
before conviction of an offense not punishable by death,Reclusion perpetua, or life imprisonment.

What is the purpose of bail?

The purpose of bail is to secure the appearance of the accused before the court when so required.
And of course, to provide the accused of his temporary liberty while awaiting the processing and the
disposition of the case filed against him.

What are the different kinds of bail bond?

The following are the kinds of bail bond:

1. Property

2. Cash

3. Corporate surety

4. Recognizance.
 CHAPTER lV

COURT

THE THIRD PILLAR OF THE PCJS IS THE COURTS

The court plays a dual role in the Philippine Criminal Justice System – as participants and
supervisor of the latter’s process and dissention. In its role as participants, the court determines for
the guilt or innocence of the accused.

The courts are responsible for the trial process. As supervisor, the court acts as important
guardian of human rights.

TERMINOLOGIES

1. Court – is governmental body officially assembled under authority of law at the appropriate
time and place for the administration of justice through which the state enforces its
sovereign rights and power (21 CJS, 16)

2. Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and Joaquin)

3. Venue – is the site or location where the case is to be tried on the merits.

4. Bail – is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, conditioned upon his appearance before any court as required under the
conditions hereinafter specified. Bail maybe given in the form of corporate surety, property
bonds, cash deposit or recognizance (Sec. 1, Rule 114)

5. Judgment – is the adjudication by the court that accused is guilty or not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided for by law on
the accused (Sec. 1, Rule 120)

COURT ORGANIZATION

1. Supreme Court – often referred to as the “court of Last Resort”. It renders final
judgment on constitutional and other important issues and questions of law.

2. Court of Appeals – This court generally exercises appellate jurisdiction over decisions of
interior courts not otherwise falling within the appellate jurisdiction of the Supreme Court.
 3. Regional Trial Court – There are Regional Trial Court in various types of the country.
Regional Trial Court exercise exclusive original jurisdiction in civil cases as describe in Sec. 19
Chapter II of the Batas Pambansa 129 (judiciary Reorganization Act of 1980) and in criminal
cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling
under of a court renders unnecessary any very frequent exercises of its powers. The fact
that it operates by known rules and with reasonably predictable results leads those who
might otherwise engage in controversy to compose their differences. (The New
Encyclopedia Britannica, Vol.,22, Macropedia, Page 480)

DIFFERENT COURTS IN THE PHILIPPINES

1. The Supreme Court – It shall be composed of a Chief Justice and fourteen (14) Associate
Justice and may sit either en banc or its discretion, in division of three, five or seven
members. Any vacancy shall be filled within ninety days from occurrence thereof (Sec. 4,
par. (1), Art. VIII, New Philippine Constitution (1987)

The Supreme Court shall have administrative supervision over all courts and the personnel thereof
(Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an banc shall have the power to discipline judges
of lower courts on order their dismissal by a vote of a majority of the Members who actually took
part in the deliberation on the issues in the case and voted thereon. (Sec. 11, Art. VIII, ibid)

2. Court of Appeals – it shall be composed of a Presiding Justice and fifty Associate Justices
who shall be appointed by the President of the Philippines (Sec. 3, B.P. Blg. 129 as amended
by Exec. Order No. 33)

3. Regional Trial Courts – There are thirteen (13) Regional Trial Courts one for each judicial
region.

4. The so called Inferior Courts – There shall be created a Metropolitan Trial Court in each
Metropolitan areas established by law, a Municipal Trial Court in each of the other cities or
municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities
and/or municipalities as are grouped together pursuant to law (Sed. 25, Batasang Pambansa
Blg. 129)

5. Sandiganbayan – a Special Court tasked to handle criminal cases involving graft and
corruption and other offenses committed by public officers and employees to connection
with the performance of their function or the so-called service-connected duties. The
Sandiganbayan was created under Presidential Decree No. 1606 pursuant to Section 5,
Article XIII of the 1973 Constitution, is a special court which has jurisdiction over criminal
and civil cases involving graft and corrupt practices and other offences committed by public
officers and employees in relation to their offices
 6. Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a
Metropolitan Trial Court is created in each metropolitan area established by law. A
Municipal Circuits Trial Court is established in each area defined as a municipal circuit,
comprising of one or more cities and/or more municipalities. A Municipal Trial Court is
created in each of the Municipalities that are not comprised within a municipal area and a
municipal circuit.

The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal
Trial Courts have exclusive original jurisdiction, among others, over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction and all offenses punishable with
imprisonment of not to exceed four (4) years and two (2) months, or a fine of not more than four
thousand pesos (4000) both such fine and imprisonment regardless of other imposable accessory or
other penalties.

7. Shari’a Courts – The Shari’a Courts are equivalent to Regional Trial Courts but are found in
some Provinces in Mindanao where the Muslim Code on Personal Laws is enforced.

ROLE OF THE COURT

1. In its capacity as participant, the court must decide the culpability or innocence of the
accused after careful examinations of the records of the case after its trial on the merit. If
the, prosecution successfully proves the guilt of the accused beyond reasonable doubt.
The court has no option but to render a decision convicting the accused. On the other
hand, if the prosecution fails to show the guilt of the accused for insufficiency of evidence
he would be exonerated or acquitted and or release from prison if he is under detention
unless he has another pending case where he fails to post bail for his provisional release.

2. As a supervisor, the court has a noble mission as a protector of human rights. These
rights refer “to those rights which are inherent in our nature and without which we
cannot live as human beings” (p. 4 Human Rights Questions and Answers, United Nations,
New York, 1987). The main function of the courts is to promote justice in order to obtain
peace, satisfaction and happiness of the citizenry. Corollary to this, the judge should
exhibit impartially in his decision to the contentment of all litigants.

COURTS FUNCTION

1. Keeping Peace – “The Primary functions of any court system in any nation – to help keep
domestic peace – is so obvious that it is rarely considered or mentioned. If there were no
agency to decide impartially and authoritatively whether a person had committed a crime
and if so, what should be done with him, other person offended by his conduct would take
 the law into their own hands and proceed to punish him according to their uncontrolled
discretion.

If there were no agency empowered to decide private disputes and authoritatively, self-help,
quickly degenerating to physical violence, would prevail and anarchy would result. Not even a
primitive society could survive under such conditions. As social order would be destroyed. In this
most basic sense, courts constitute an essential element in society’s machinery for keeping peace.

2. Deciding Controversies – in the course of helping to keep the peace, courts are called upon
to decide controversies. If, in a criminal case, the defendant denies committing the acts
against him, the court must choose between his version of the facts and prosecution’s, and if
he asserts that his conduct did not constitute a crime, the court must decide whether his
view of the law or the prosecution’s is correct…The issues presented to, and decided by the
court maybe either factual, legal or both.

3. Administrative Role – it would be a mistake, however, to assume that courts spend all of
their time deciding controversies. Many cases brought before them are not contested. They
represent potential, rather than actual, controversies in which the court’s role is more
administrative than adjudicatory. The mere existence, the exclusive and concurrent
jurisdiction of the Sandiganbayan.
 CHAPTER V
CORRECTIONS
THE FOURTH PILLAR OF THE CRIMINAL JUSTICE SYSTEM

**Functions and Purposes of Corrections**

*General Functions*

1. **Maintaining Institutions:** Responsible for operating prisons, jails, and other

facilities to house convicted offenders.

2. **Protecting Society:** Ensuring custody and security to prevent offenders from

committing further crimes.

3. **Reforming Offenders:** Providing services to assist incarcerated individuals in

rehabilitation and reintegration into society.

4. **Deterrence:** Encouraging both current and potential offenders to lead law-

abiding lives.

*Integration into CJS*

- Correctional institutions become involved after the judicial process is

complete and a conviction is finalized. This occurs when a court issues a
“mittimus” or “commitment order” for enforcement.

*Purposes of Corrections*

1. **Deterrence:** Using punishment to discourage criminal behavior in society.

2. **Rehabilitation:** Addressing underlying causes of criminal behavior and providing

therapy or treatment.

4. **Reintegration:** Focusing on the successful return of offenders to society and addressing

environmental factors.

5. **Isolation and Incapacitation:** Physically removing offenders from society to prevent

further criminal acts.

6. **Punishment:** Inflicting penalties on offenders for violating the law, often as a form of
societal disapproval.

*Justifications and Limitations of Punishment*

 - **Justifications:** Retribution, expiation or atonement, deterrence,
protection, and reformation.

- **Limitations:** Potential for increased concealment of criminal activities

and stigmatization and isolation of offenders from society.

PAGE 114-115

**Limitations and Trends of Punishment**

*Limitations*

1. **Martyrdom or Heroism:** Punishment can elevate the offender’s status,

portraying them as a martyr or hero.

2. **Anti-Social Resentment:** It may foster resentment towards authority and

societal norms.

3. **Limited Deterrent Effect:** Punishment may fail to deter future criminal behavior
or fully repair damage to society or the offender’s personality.

*Trends of Punishment*

1. **Exemptions:** Certain categories of offenders may receive exemptions from

standard punishments.

2. **Executive Clemency:** The executive branch’s power to mitigate or pardon

punishments.

3. **Decline in Severity:** Punishments may become less severe over time.

 4. **Modifications in Imprisonment:** Changes in how imprisonment is implemented
and managed.

6. **Indeterminate Sentences:** Sentences with flexible lengths based on offender behavior.

7. **Suspended Sentences:** Offenders may have sentences temporarily postponed or

withheld.

8. **Probation:** Offenders may be allowed to serve sentences under community supervision.

9. **Conditional Pardon:** Pardon with attached conditions or requirements.

10. **Short Sentences:** Trends towards shorter prison terms for certain offenses.

11. **Fines:** Increased use of financial penalties as punishment.

*Executive Clemency*

- **Definition:** A recognition of imperfections in the justice system,

granting the executive branch power to correct these and mitigate
excessive legal strictness.

- **Forms:** Reprieves, commutations, pardons, remission of fines and

forfeitures, and amnesty.

*Specific Forms of Clemency*

1. **Reprieve:** Postpones the execution of a sentence to a later date.

2. **Commutation:** Reduces or substitutes a lesser penalty for the original

punishment.
 3. **Remission of Fines and Forfeitures:** Prevents the collection of fines or
confiscation of property.

4. **Pardon:** Grants grace from the punishment prescribed by law for a committed
crime.

PAGE 116-117

**Types of Pardons**

Pardons can be classified into two types:

1. **Absolute Pardon:** In an absolute pardon, the convict is released without any

conditions attached.

2. **Conditional Pardon:** A conditional pardon is granted with specific conditions that

the pardoned individual must strictly comply with. Failure to meet these conditions can
result in the revocation of the pardon. Conditional pardons function as contracts, and
once accepted, the individual must adhere to the prescribed conditions.

**Amnesty**

Amnesty refers to the general pardon granted to individuals, often rebels or those involved
in high political offenses, for breaches of the law of nations. It involves the forgiveness
granted by one sovereign to the subjects of another who have offended in some manner.

**Indeterminate Sentence**
An indeterminate sentence is a correctional and rehabilitation approach focused on
releasing prisoners after they have served the minimum portion of their sentence as
determined by the court. The release is contingent upon the offender’s rehabilitation
progress and readiness for reintegration into society. The Parole Board assesses the
offender’s progress and determines the release date based on rehabilitation efforts.

**Parole**

Parole is a process whereby prisoners are selected for release based on their individual
response to correctional programs and their progress. Parolees are released into the
community under specific conditions and supervision, serving the remainder of their
sentences outside prison.

**Elements of Parole**

To be eligible for parole, certain conditions must be met:

- The offender must have been convicted.

- They must have served part of their sentence in prison.

- Release must occur before the full sentence expiration.

- Release is conditional upon meeting specific requirements.

- The individual remains on parole until the maximum sentence expiration.

**Probation**

Probation is a post-conviction disposition where a defendant is released under court-

imposed conditions and supervision by a probation officer. It allows offenders to serve their
sentences in the community while adhering to specific terms set by the court.
PAGE 118-119

**Purposes of Probation**

Probation serves several purposes:

(a) Promoting the correction and rehabilitation of offenders by providing

individualized treatment.

(b) Offering an opportunity for the reformation of penitent offenders, which

may be less likely if they were incarcerated.

© Preventing the commission of further offenses.

**Definition of Penology**

Penology refers to the treatment of criminals within the criminal justice system.

**Definition of Corrections**

Corrections encompasses the branch of the criminal justice system responsible for the
custody, supervision, and rehabilitation of convicted offenders.

**Areas of Corrections**

Corrections can be divided into two main areas:

1. Institutional Based Corrections

2. Non-Institutional Based Corrections

**Custodial Branches of the National Bilibid Prisons (NBP)**

The custodial branches of the National Bilibid Prisons include:

1. New Bilibid Prison in Muntinlupa City

2. San Ramon Prison and Penal Farms in San Ramon, Davao

3. Iwahig Prisons

PAGE 120-121

**Jails**

**Definition of Jail**

While jails are often seen as a minor component of the criminal justice system, they play a
significant role as the entry point to the system. Jails serve as a crucial indicator of society’s
interest and concern with justice, punishment, and rehabilitation.

**Who Are Confined in Jails?**

Individuals confined in jails include:

 (a) Those unable to post bail while awaiting trial due to financial constraints or court
denial.

(b) Individuals convicted of crimes with sentences of up to three years of

imprisonment.

© Offenders sentenced to more than three years in prison but awaiting transfer to the
Bureau of Prisons.

**Most Frequent Form of Incarceration**

Jails represent the most common form of incarceration. While precise data on jail
admissions is unavailable, it far exceeds the number of prisoners received in prisons.

**Defects of Present Day Jails**

Present-day jails in the Philippines suffer from several defects:

1. Inadequate, deteriorated, and outdated building structures with insufficient long-term

planning for new construction.

2. Insufficient personnel leading to unsafe supervision.

3. Overcrowding and lack of a classification system.

4. Unsanitary conditions in facilities and management.

5. Lack of constructive use of prisoners’ time due to inadequate work and educational
programs.

6. Substandard food services and nutritional standards.

7. Inadequate medical services.

8. Lack of uniformity and record-keeping.

**Effect of Overcrowding in Jails**

Overcrowding in jails exacerbates several issues. Jails are not designed for long-term
housing, leading to limited programs and recreational facilities. Inmates experience
heightened idleness due to overcrowding, lacking recreational outlets or work programs.
Moreover, the influx of more serious offenders into jails increases tensions and potential
problems within these facilities.

PAGE 122-123

**D. Jail in Relation to the CJS**

**Relation with the Police:**

The relationship between jails and the police is one of accommodation and necessary
cooperation. Jails have the responsibility to accept legally arrested prisoners and detain
them until formal criminal justice proceedings begin. Collaboration between jail personnel
and the police is crucial due to the role jails play in holding accused individuals until the
criminal justice process is initiated.

**Relation with the Courts:**

Jails and courts must closely cooperate. The court influences jail activity and relies on jails to
effectively handle the workload imposed by the court system.

**E. Types of Jail**

**Types of Jails:**

1. **Lock-Up:** Security facilities operated by police stations for temporary detentions

during investigation or preliminary investigation.

2. **Ordinary Jail:** Confinement facilities for detention prisoners and those serving short
sentences.

3. **Workhouses, Jail Farms, or Camps:** Institutions housing minimum-custody offenders

serving short sentences.

**F. Classifications of Prisoners**

**Classifications as to Place of Confinement:**

1. **Municipal Prisoners:** Sentences ranging from one day to six months, confined in
Municipal Jails.

2. **Provincial Prisoners:** Sentences from six months and one day to three years,
confined in Provincial Jails.

3. **City Prisoners:** Sentences from one day to three years, confined in City Jails.

4. **Insular Prisoners:** Sentences exceeding three years to death penalty, confined at

the National Bureau of Prisons in Muntinlupa.

**G. Community-based Corrections**

**Concept and Rationale:**

Community-based corrections involve redirecting offenders away from traditional

imprisonment towards alternative programs and institutions within the community. This
approach responds to overcrowding in traditional prisons and acknowledges that isolated
prisons are not conducive to effective correctional efforts. Community-based corrections
aim to integrate inmates into society and provide them with support networks to facilitate
their reintegration upon release.
**Different Community-based Programs:**

1. **Work Release:** Inmates are released during the day to work in the community and
return to confinement after work.

2. **Academic Pass or Study Release:** Inmates attend school outside the institution and
return to confinement after class.

3. **Conjugal and Family Visitation:** Spouses and sometimes children visit inmates in
special facilities or cottages within the prison.

4. **Home Furlough:** Inmates are permitted to return home unsupervised for a few days
to establish community and family support before release.

PAGE 124-126

**Good Conduct Time Allowance:**

Good Conduct Time Allowance is granted to prisoners as recognition for their good behavior
while serving their sentence. It serves as motivation for prisoners to maintain positive
conduct during their incarceration. This allowance is deducted from the length of the
sentence, effectively reducing the time the prisoner must serve. Once granted by the
Director of Prisons, it cannot be revoked.

**Correctional Discretion:**

1. **Determining Prison Institution:** Correctional authorities have the discretion to

decide which prison institution an offender will be incarcerated in based on various
factors such as security level and available programs.
2. **Program Selection:** Authorities can determine the types of programs available to
offenders, including rehabilitation, education, vocational training, and counseling.

3. **Degree of Custody:** Correctional officers may decide the level of custody required
for each offender, ranging from minimum to maximum security, based on their behavior
and risk assessment.

4. **Awarding Privileges:** Authorities have the discretion to grant privileges to well-

behaved prisoners, such as increased visitation rights, access to recreational facilities, or
participation in special programs.

5. **Granting or Denying Good Time:** Correctional officials can grant or deny Good
Conduct Time Allowance based on the behavior and compliance of the prisoner with the
rules and regulations of the institution.

6. **Disciplinary Punishment:** Correctional officers have the authority to discipline

prisoners for infractions of institutional rules, which may include loss of privileges,
solitary confinement, or other disciplinary measures.

7. **Making Recommendations to the Parole Board:** Correctional authorities may

provide recommendations to the parole board regarding the suitability of an offender
for parole based on their behavior, participation in programs, and progress towards
rehabilitation.
 CHAPTER Vl
COMMUNITY
THE FIFTH PILLAR OF THE PCJS IS THE COMMUNITY

It is the unique feature of the Philippine Criminal Justice System to have the
Community as its fifth pillar. The community in this context refers to the elements that are
mobilized and energized to help authorities in effectively addressing the law and order
concern of the citizenry.

As a sub system of the criminal justice system, the community is the most critical and
useful component view of its massive and pervasive composition. Enlightened and
cognizant of their roles in the maintenance of peace and order as well as in the dispensation
of justice, members of the community get involved in providing assistance and support to
crime prevention activities, particularly in improving the police, detection and prosecution of
crime prevention programs and projects are community.

Peace and Order Councils (POCs) at the national, regional, provincial, and city/municipal
levels were reorganized and revitalized “to ensure more comprehensive and effective
coordination of government efforts and the active participation of the citizenry relative to
the national campaign against criminality and insurgency.” At the national level, the
Secretary of the Department of National Defense and Vice Chairman of the National Police
Commission as Vice Chairman and Secretary-General, respectively.

Community involvement in the criminal justice process is institutionalized in the

barangay, the smallest political unit of the nation. Barangay or village courts to provide for a
community based mechanism for the amicable settlement of disputes by conciliation panels
chosen by litigants themselves. The conciliation body is the “Lupong Tagapayapa” which is
the equivalent of “Chotei” of Japan, the “Panchayat” now known as the “Union Council in
Pakistan”, and the neighborhood conciliation committee in China. The settlements and
arbitration ward of the panel have the force and effect of the final judgment of a court.

The barangay justice system exemplifies the personnel oriented approached to the
dispensation of justice within a faster and shorter time frame, lesser rigor and much cheaper
costs. Its performance over more than 15 years show that it is one sure mechanism of
diverting cases of petty crimes and civil cases from the judicial system. The amicable
settlement of disputes and ensure the preservation of the clear personal within the
barangay.

The community is represented in the People’s Law Enforcement Board(PLEB) which is a

body created in every city/municipality to decide citizen’s complaints on cases filed against
erring officers and members of the Philippine National Police.

The active participant of non government organizations (NGOs), people organizations (POs),
business groups, and civic and professional organizations is evident by their implementation of
various projects which are aimed at assisting in the improvement of police services such as the
butting up of Police Boxes and donating financial and logistical resources, and the like; supporting
the investigation and prosecution services; providing employment opportunities, technical
assistance and skills training of inmates, probationers and parolees; and involvement in the
implementation of a Criminal Justice Information Program, among others. Representatives of these
organizations sit as members of the NAPOLCOM Technical Panel on Crime Prevention and Criminal
Justice, which formulates the Annual National Crime Prevention Program.

Anti Drug Abuse organizations compliment efforts of the Dangerous Drug Board (DDB) and other
concerned government agencies in the campaign against drug abuse. Some Barangay members and
students have organized their crime prevention councils.

A. The community has an unparalleled role as the fifth pillar in the Criminal Justice System.
In this connection community is understood the mean as “elements that are mobilized
and energized to help the authorities in effectively addressing the law and order concern
of the citizenry.”

B. As one of the Pillars or components of the Criminal Justice System, the community
with its massive membership has vital responsibilities in law enforcement. The citizens
can achieved these roles by identifying offenders, giving data about the illegal activities
and cohorts of the criminals, the proliferation of organized crimes and syndicates,
volunteering as witnesses, and adapting precautionary and remedial measures to
diminish crimes. As previously pointed out, crime prevention is not the sole
responsibility of the police but is equally the concern of every citizen in order to have a
peaceful place to live in. The members of the community must extend assistance to
crime prevention activities; Peace and Order Councils were reactivated “to ensure more
comprehensive and effective coordination of government efforts and the active
participation of the citizenry relative to the national campaign against criminal and
insurgency.”

C. There is growing interest in the rights and welfare of the victim shown by the
government with the cooperation of the community leaders. Consequently, programs
were undertaken to win their cooperation as witnesses for the state. Accordingly,
Republic Act No. 6981, otherwise known as the “Witness Protection, Security and
Benefit Act” was passed and approved by former President Corazon C. Aquino on April
24, 1991, precisely to attain this purpose. Under Sec. 8 of this law the witness shall have
the following rights and benefits.