ESCABEL

INTRODUCTION
TO
CIMINAL JUSTICE
SYSTEM

CRIMINAL LAW AND

JURISPRUDENCE

1
 CHAPTER 1
TERMINOLOGIES
CRIMINOLOGY

It includes within the

scope the process of
body of knowledge
making laws, breaking
regarding crime as a social
laws and the society’s
phenomenon.
reaction towards the
breaking of the law.
 • An act punishable by public law, committed

CRIME and/or omitted by a competent person intentionally

and/or voluntarily.
CRIME

FELONY
OFFENSE INFRACTION
violations of
violations of violations of
Revised Penal
Special Laws Ordinance
Code
 The criminal is the
main character of
GENERAL SENSE
the Criminal Justice
System

CRIMINAL CRIMINOLOGICAL
A person who
committed a crime
SENSE regardless whether
reported or referred.

A person who was

Legal Sense found guilty beyond
reasonable doubt.

ADD A FOOTER 6
 NOMENCLATURES
SUSPECT
• the police stage

RESPONDENT.
• At the Prosecutors office

ACCUSED
• At the trial of the case in court

CONVICT
• At the Correctional Institution

CRIMINAL
 JUSTICE
Simply means giving
someone what is due to
him.

Being fair and just.

1. Innocent is punished

2. Guilty escapes the punishment

3. Guilty are punished more severe than

necessary

4. Guilty are punished less severe than

necessary
TWO-FOLD ROLE OF JUSTICE
1. Prevention of Crime
2. Apprehension and delivery of justice
to Criminal and the State
 CRIMINAL JUSTICE
defined as the system of law enforcement,
adjudication, and coercion that is directly
involved in the apprehension, prosecution, and
control of those charged with criminal offense.
 CRIMINAL LAW
Criminal Law is that branch of public,
which defines crimes, treats of their
nature, and provides for their punishment.
TWO CLASSIFICATIONS OF
CRIMINAL LAW
A. SUBSTANTIVE
-defines the elements that are necessary
for an act to constitute as a crime and
therefore punishable.
B. PROCEDURAL
-refers to a statute that provides
procedures appropriate for the enforcement of
the Substantive Criminal Law.
 2 BASIC PRINCIPLES OF
CRIMINAL LAW IN THE
ADMINISTRATION OF THE CJS
1. Presumption of Innocence
2. Burden of Proof
 CHAPTER 2: BASIC CONCEPTS
OF CRIMINAL JUSTICE SYSTEM
 CRIMINAL JUSTICE SYSTEM
Criminal Justice System refers to the sum total of
instrumentation which a society uses in the prevention and
control of crime and delinquency.

It refers to the machinery of the state or government which

enforces the rules of conduct necessary to protect life and
property and to maintain peace and order.

It also comprises all the means used to enforce those

standards of conduct which are deemed necessary to protect
individuals and to maintain general community well being.
PHILOSOPHIES BEHIND THE CJS
1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures

2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused
 CHAPTER 3:
THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM
FIVE PILLARS OF PCJS
1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTIONS
5. COMMUNITY
 FIRST PILLAR:
LAW ENFORCEMENT
 LAW ENFORCEMENT
-POLICE pillar
-prime mover of CJS
-frontline of the CJS
-initiator of the system
-first contact of the law violator
-It investigates, makes arrests and prepares
evidence against the suspects needed to
prosecute them.
 LAW ENFORCEMENT
This pillar is comprised of the different law
enforcement agencies in the country such as
the Philippine National Police, the National
Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs,
the Bureau of Internal Revenue, and the Land
Transportation Office, among many others.
 LAW ENFORCEMENT
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as
amended by RA 8551 as further amended by
R.A. 9708.
 RELEVANT LAWS ON THE
ORGANIZATION OF THE PNP:
1. RA 6975 –
“Department of the Interior and Local Government Act of 1990”
approved on Dec 13, 1990

2. RA 8551 –
the “PNP Reform and Reorganization Act of 1998.
approved on February 25, 1998.

3. RA 9708 –
“An Act extending for 5 years the reglementary period for complying
the minimum educational qualification for appointment to the PNP and
adjusting the promotion system thereof”.
Approved on August 12, 2009
PHILIPPINE NATIONAL POLICE
- a law enforcement agency under the DILG.
- under administrative control and operational
supervision of the National Police Commission.
It is an organization that is national in scope and civilian
in character, as provided by Section 6, Article 16 of the 1987
Philippine Constitution: “The state shall establish and maintain
one police force which shall be national in scope and civilian in
character…”
POWERS AND FUNCTIONS OF THE PNP
1. Enforce all laws and ordinances relative to the protection of lives and
properties;
2. Maintain peace and order and take all necessary steps to ensure public
safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders,
bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by
law, informing the person so detained of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and explosives in
accordance with law;
7. Supervise and control the training and operations of security agencies
and issue licenses to operate security agencies and to security guards and
private detectives, for the purpose of their professions.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
I. LAW ENFORCEMENT
The Philippine National Police has the power to
enforce laws and ordinances relative to the
protection of lives and property, such as the
Revised Penal Code, other special penal laws and
city and municipal ordinances.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
II. CRIME PREVENTION
Is the elimination of the opportunity for the
commission of a crime.

III. POLICE PATROL

Patrol has been described as the backbone of the
police department. Theoretically, patrol officers
are the most valuable people in the organization.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY

V. CRIMINAL APPREHENSION - the legal

term for criminal apprehension is arrest.
 ARREST
Arrest is the taking of a person into custody
in order that he may be bound to answer for
the commission of an offense.

Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant
 ARREST

An arrest may be made on any day and at any

time of the day or night, even on a Sunday.
 WARRANT OF ARREST
- an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to take
a person into custody in order that he may be
bound to answer for the commission of an offense.

- shall remain valid until the person to be

arrested has been arrested or has surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. – A peace 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 or
circumstances that the person to be arrested has committed it; and
CIRCUMSTANCES OF WARRANTLESS ARREST:

c. 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 is temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.
 SEARCH AND SEIZURE

Search refers to the examination of an

individual’s person, house, papers or effects,
or other buildings and premises to discover
contraband or some evidence of guilt to be
used in the prosecution of a criminal action.
 SEARCH WARRANT
- an order in writing issued in the name of the People of
the Philippine, signed by a judge and directed to a peace
officer, commanding him to search for personal
property described therein, and bring it before the court

- has a validity period of TEN (10) days

- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;

b. Stolen or embezzled and other
proceeds, fruits of the offense; or
c. Use or intended to be used as the
means of the commission of the offense.
 CIRCUMSTANCES OF
WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful
arrest under Sec. 12, Rule 128 Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances
 CRIMINAL INVESTIGATION

is an art, which deals with identity and

location of the offender and provides
evidence of his guilt in criminal
proceedings.
 ROLE OF THE POLICE IN
MANAGING CASES OF
CHILD IN CONFLICT WITH THE
LAW
ORDER OF PRESENTATION
• Role of PNP based on RA 9344
• Initial Contact with the CICL
• Procedures in taking Child into Custody
• The Initial Investigation
• Intervention/Diversion Overview
Philippine National Police
• Conduct special training for its personnel in the
management of children in conflict with the law and the
proper observance of procedures prescribed by the Act;

• Ensure that all police stations in the country have:

1. An area where the children taken into custody are kept
separate from adult offenders;
Philippine National Police
2. A separate logbook of all children taken
into custody;

3. Personnel who are trained specially in

dealing with CICL; and

4. Have a list of all persons/agencies that

may take custody of the child in conflict
with the law in the event the child has no
parent/guardian/relative to assume such
custody;
Philippine National Police
• Establish a uniform system of:
1. Reporting of CICL who are taken into the custody of law enforcement
officers; and
2. Maintaining the confidentiality of the records of children in conflict with the
law and protecting the identity of these children;
 Philippine National Police
• Establish a system of evaluating the efficiency and
effectiveness of all police units in the country in handling
children in conflict with the law;
• Ensure that all police units in the country establish and
maintain close coordination and cooperation with the
LCPCs and the LSWDOs in their areas of jurisdiction.
INITIAL CONTACT WITH THE CICL
What constitutes initial contact
with a CICL?
• Refers to the apprehension or taking into custody of a
child in conflict with the law by LEO or private citizens
• Upon receiving a subpoena or summons that do not
require PI or immediate custody
PROCEDURES FOR TAKING CHILD INTO
CUSTODY
• Give proper identification
• Explain to the child the reason, the alleged offense and
his/her rights
• Avoid using vulgar words and from abusing the child
• Avoid FA display, use of restraints unless necessary
• Avoid violence or unnecessary force
PROCEDURES FOR TAKING CHILD INTO
CUSTODY
• Immediately determine the his/her age age.pptx
• Immediately notify parents/guardians, LSWDO and PAO of the
apprehension and turn-over custody of the child to the MSWO (NLT 8
hours)
• Coordinate for thorough P/ME
• If detention is necessary , the child shall be secured in area separate
from adults and opposite sex
PROCEDURES FOR TAKING CHILD INTO
CUSTODY
• Record the ff in the initial investigation:
-use of restraints and the reason for such
-that parents/guardian, MSWO and PAO have
been duly informed
-exhaustion of measures to determine the age of the
child, details of P/ME or the failure to submit the child
to P/ME
• Ensure that all statements signed by the child during
investigation were witnessed by parents, MSWO, legal
counsel with their signature affixed to the statement.
THE INITIAL INVESTIGATION
WHAT IS THE NATURE AND OBJECTIVE OF THE INITIAL
INVESTIGATION?
• TO DETERMINE WHERE THE CASE INVOLVING THE
CICL SHOULD BE REFFERRED
WHO CONDUCTS THE INITIAL
INVESTIGATION?
• THE WCPD OFFICER
WHO IS PRESENT?
• COUNSEL OF CHOICE,PARENTS/ GUARDIAN/ NEAREST
RELATIVE AND MSWDO
• NGO, FAITH-BASED GROUP, BCPC MEMBER (in the
absence of parents and MSWDO)
INVESTIGATION GUIDELINES
• Shall be child-friendly and non-intimidating
• Conducted on separate room to promote comfort and
freely express him/herself
• Use age appropriate language
• LEO to allow the MSWDO to actively assist the
conduct of initial investigation
• Provide privacy
• Written statement shall reflect the language of the
child
• Conducted in the best interest of the child
Light Offense Flowchart
violation

UNDERGO M/P EXAM

Option 1 Option 2
Option 4 NOTIFY PARENTS
GIVE REFER TO
TURN-OVER TO
ADVICE PARENTS WCPD CALL MSWDO

Option 3
REFER TO BCPC, INTAKE DETERMINE
SCHOOL CHURCH BLOTTER AGE

RELEASE
THE CHILD NO
BLOTTER TURN-OVER 15
CHILD TO AND
BELOW
MSWDO
Protocol
E YES
N
D
REFER TO
Intervention PARENTS
Less Serious/ Serious Offense Flowchart
violation

WAIT FOR MSWDO’S

DETERMINATION OF
UNDERGO M/P EXAM DISCERNMENT
TURN-OVER TO PHYSICAL
NOTIFY PARENTS
WCPD TURN-OVER OF
CALL MSWDO CHILD TO
MSWDO
NO
WITH
INTAKE E
N DISCERMENT
BLOTTER
NO D
YES
Intervention

DETERMINE 15
AGE
AND
BELOW
NO > 6 YEARS
PENALTY?

YES
POLICE YES
TURN-OVER DIVERSION
CHILD TO PROGRAM
PARENTS REFER TO
PROSECUTION
P
I
• If the offense does not fall under Section 23(a) and (b), or if the
child, his/her parents or guardian does not consent to a
diversion, the Women and Children Protection Desk of the PNP,
or other law enforcement officer handling the case shall, within
three (3) days from determination of the absence of jurisdiction
over the case or termination of diversion proceedings, forward
the records of the case of the child under custody, to the
prosecutor or judge concerned for the conduct of inquest and/or
preliminary investigation to determine whether or not the child
should remain under custody and correspondingly charged in
court. The document transmitting said records shall display the
word "CHILD" in bold letters.
ADD A FOOTER 57
 NATIONAL BUREAU OF
INVESTIGATION (NBI)
November 13, 1936
Commonwealth Act No. 181
The NBI is a government entity
that is civilian in character, and
national in scope which is under the
Department of Justice.
 NBI
National Bureau of
Investigation
◼ History/birth of the
Agency
• The NBI was formed on the 13th day of
November year 1936, by the virtue of
Commonwealth Act No. 181.

• This Bureau of Investigation later renamed

the National Bureau of Investigation came
into existence on 19 June 1947, the date
Republic act 157 was approved.
• The symbol of the Lady Justice in the logo of NBI is
an allegorical personification of the moral force in
judicial systems. Lady Justice originates from the
Personification of Justice in Ancient Roman art
known as Lustitia or Justitia, who is equivalent to the
Greek Goddess Dike.
• A scale symbolizing equality, which is balanced over
a sword, symbolic of authority in the dispensation of
justice.
• The logo in the upper part represent the Government
of the Philippines (Republika ng Pilipinas).
◼ Function of law
Enforcement Agency.
a.) Undertake investigation and detection of crimes and offenses
enumerated under Section 5 hereof;
b.) Issue subpoena for the appearance of any person for
investigation or production of documents, through its officers
from the ranks of Regional Director to Director;
c.) Act as a national clearing house of criminal records and
other related information for the benefit of the government;
d.) Render technical assistance to government agencies and
instrumentalities, when so requested;
e.) Extend assistance in cases involving extradition and mutual
legal assistance, when requested by the Department of Justice;
f.) Establish an NBI Academy which shall be responsible for the
recruitment, training and development of all NBI agents and
personnel, among others.
g.) Establish and maintain a Forensic and Scientific Research
Center which shall serve as the primary center for forensic and
scientific research in furtherance of scientific knowledge in
criminal investigation, detection, evidence collection and
preservation, and provide the necessary training therefor;
h.) Establish and maintain a Cyber Investigation and Assessment
Center which shall serve as the nerve center for computer
information technologies, data on cybercrime cases, computer
intrusion, threats, and other related crimes or activities.
i.) Establish and maintain an integrated, comprehensive and state-of-
the-art network of equipment and facilities to be used by the NBI in its
criminal investigation, detection and evidence gathering and to
provide the corresponding training in this regard;
j.) Request the assistance of the Philippine National Police, Armed
Forces of the Philippines, or any other agency of the government,
including government owned and/or controlled corporations, In its
anti-crime drive. Such assistance may include the use of the agency’s
personnel and facilities upon prior approval by the head of the
agency concerned;
k.) Conduct intelligence operations in furtherance of the foregoing
powers and functions;
l.) Enter into any contract or transaction for the acquisition,
ownership, possession, administration, ease, disposition or
acceptance of real or personal property in its name, subject to the
approval of the Secretary of Justice;
m.) Establish a modern NBI Clearance and Identification
Center containing all derogatory and criminal records and
civilian identification records, including their identifying marks
and characteristics and fingerprint database, as well as dental
records pursuant to Presidential decree no. 1575, entitled
“Requiring Practitioners of Dentistry to Keep Records of their
Patients”.
n.) Maintain, for purposes of investigative and forensic
requirements of the NBI, relevant database such as ballistic
records of firearms including, but not limited to, data ownership,
possession and other related identifying circumstances; and
Deoxyribonucleic Acid (DNA) databank; and
o.) Perform such other functions as the President or the
Secretary of Justice may assign.
◼Important Operation.
HUMAN TRAFFICKING.
•Human trafficking is a multi-billion-dollar form
of international organized crime, constituting
modern-day slavery. Just a commodity. For
criminals, victims of trafficking are merely a
commodity that can be used – and even sold -
for financial gain. There is a total disregard for
human dignity and rights.
VIOLATION OF CYBERCRIME PREVENTION
ACT.
•Among the cybercrime offenses included in
the bill are cybersquatting, cybersex, child
pornography, identity theft, illegal access to
data and libel.
◼ Laws related to the law
enforcement agency
REPUBLIC ACT No. 157
June 19, 1947

AN ACT CREATING A BUREAU OF

INVESTIGATION, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Section 1. There is hereby created a Bureau of
Investigation under the Department of Justice
which shall have the following functions:
Section 2. The Bureau of Investigation shall be
headed by a Director who shall be appointed by
the President of the Philippines with the consent
of the Commission on Appointments of the
Congress of the Philippines, and shall receive
an annual compensation of seven thousand two
hundred pesos.
Section 3. The composition and size of the
personnel of the Bureau of Investigation shall
be determined by the Director of the Bureau
of Investigation: Provided, That the present
personnel of the Division of Investigation shall
be transferred to, and form the nucleus of, the
new Bureau.
Section 4. Appointments to positions in the Bureau
of Investigation shall be made only according to
merit and fitness to be determined as far as
practicable by competitive mental and physical
examination and after adequate instruction and
training. Promotions shall be made with due regard
to seniority and past record of efficiency: Provided,
That such personnel as shall be appointed for
general investigation shall be, as far as practicable,
graduates of recognized laws schools or colleges
or members of the bar, and, whenever a special
need arises, certified public accountants and those
with at least ten years experience and training in
other law-enforcement organizations.
Section 5. Members of the investigation
staff of the Bureau of Investigation shall
be peace officers, and as such have the
following powers:
◼ Notable contribution
towards peace and order.
◼ Recommendations of the Department of Justice
on Plunder raps over the Malampaya Fund

◼ Executive Summary by the NBI on the PDAF

complaints filed against Janet Lim-Napoles,
et al.
◼ Recruiters of entertainers nabbed by NBI

◼ NBI rescues 89 young girls from

entertainment club

◼ NBI arrests 3 for telecom fraud

◼ NBI busts kidnap-for-ransom gang

◼ West African drug syndicate member

arrested by NBI

◼ NBI rescues 3 minors, nabs couple for

child trafficking

◼ NBI rescues kidnap victim, suspects

arrested
 PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA)
Republic Act 9165.
Implementing arm of the Dangerous Drug Board (DDB).

Head- Director General with the rank of Undersecretary.

Assisted by 2 deputies Director General, with the rank of

Assistant Secretary, 1 for Operations and 1 for Administration.
Philippine Drug
Enforcement
Agency (PDEA)
What is PDEA?
Is a government agency who is responsible
for efficient law enforcement of all
1 provisions on any dangerous drugs and/or
precursors and essential chemicals.

The agency is tasked with the enforcement

of the penal and regulatory provisions of
2 Republic Act No. 9165 (R.A. 9165), otherwise
known as the Comprehensive Dangerous
Drugs Act of 2002.

PDEA is the implementing arm of the

3 Dangerous Drugs Board (DDB)
MANDATE OF PDEA

The Philippine Drug Enforcement Agency (PDEA) is

responsible for efficient law enforcement of all
provisions on any dangerous drugs and/or
precursors and essential chemicals.
Functions of PDEA

Implement or cause the efficient and effective implementation of the national

1 drug control strategy formulated by the Dangerous Drugs Board

Undertake the enforcement of the provisions of Article II of RA 9165 relative

2 to the unlawful acts and penalties involving any dangerous drug and/or
controlled precursor and essential chemicals

Administer oath and issue subpoena and subpoena duces tecum relative to the
3 conduct of investigation involving the violations of RA 9165
Functions of PDEA

Arrest and apprehend as well as search all violators and seize or confiscate the
4 effects or proceeds of the crimes as provided by law

Take charge and have custody of all dangerous drugs and/or controlled
5 precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency

Establish a forensic laboratory in each PNP office in every province and city in
6 order to facilitate action on seized or confiscated drugs, thereby hastening their
destruction without delay
Functions of PDEA
Recommend to the DOJ the forfeiture of properties and other assets of persons
and/or corporations found to be violating the provisions of RA 9165 and in
7 accordance with the pertinent provisions of the Anti-Money Laundering Act of
2001

Prepare for prosecution or cause the filing of appropriate criminal and civil
8 cases for violation of all laws on dangerous drugs, controlled precursors and
essential chemicals, and other similar controlled substances

Monitor and if warranted by circumstances, in coordination with the Philippine

9 Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels and
mails in the central post office
Functions of PDEA

Conduct eradication programs to destroy wild or illegally grown plants from which
10 dangerous drugs may be extracted

Initiate and undertake the formation of a nationwide organization which shall

11 coordinate and supervise all activities against drug abuse in every province,
city, municipality and barangay

Establish and maintain a national drug intelligence system in cooperation with law
12 enforcement agencies, other government agencies/offices and local government
units that will assist in the apprehension of big-time drug lords
Functions of PDEA

Establish and maintain close coordination, cooperation and linkages with

13 international drug control and administration agencies and organizations

Create and maintain an efficient special enforcement unit to conduct an

14 investigation, file charges and transmit evidence to the proper court

Require all government and private hospitals, clinics, doctors, dentists and other
15 practitioners to submit a report to it
Functions of PDEA

Coordinate with the DDB for the facilitation of the issuance of necessary guidelines,
16 rules and regulations for the proper implementation of RA 9165

Initiate and undertake a national campaign for drug prevention and control
programs, where it may enlist the assistance of any department, bureau, office,
17 agency or instrumentality of the government, including government-owned and/or
controlled corporations

Submit annual and periodic reports to the DDB as may be required from time to
18 time, and perform such other functions as may be authorized or required under
existing laws and as directed by the President
 DIRECTOR GENERAL
Organization and
Key
The Position
PDEA
established
have
17
PUBLIC INFORMATION OFFICE

Regional Offices DIVISION INTERNAL AUDIT

headed by Directors
DEPUTY DIRECTOR GENERAL FOR
in the different ADMINISTRATION(DDGA)
MARS

regions of the
ADMINISTRATIVE AND INTELLIGENCE AND
country which is HUMAN RESOURCE SERVICE INVESTIGATION SERVICE

FINANCIAL MANAGEMENT PLANS AND OPERATION

responsible for the SERVICE SERVICE

implementation of LOGISTICS MANAGEMENT

SERVICE
LEGAL AND PROSECUTION
SERVICE

RA 9165 and the INTERNAL AFFAIRS SERVICE COMPLIANCE SERVICE

policies, programs, PDEA ACADEMY INTERNATIONAL COOPERATION

AND FOREIGN AFFAIRS SERVICE
and projects of the PREVENTIVE EDUCATION AND
COMMUNITY ENVOLVEMENT SERVICE
agency in different
LABORATORY SERVICE
regions.
SPECIAL ENFORCEMENT
SERVICE

17 REGIONAL OFFICES
Qualifications for PDEA Intelligence Officers

AGE 21-35 years old

HEIGHT 5’2” in height (male) or 5’ in height (female)

EDUCATIONAL
ATTAINMENT Baccalaureate degree holder
Qualifications for PDEA Intelligence Officers
ELIGIBILI
Eligible for Career Service Second Level Position
TY
• Career Service professional Eligibility
• Bar/Board Eligibility
• Honor Graduate Eligibility

PNP Entrance Eligibility, Fire officer Eligibility, Penology Officer

NOTE:
Eligibility, Barangay Official Eligibility, and others equivalent to
a first-level eligibility are not accepted.

NOTE: Applicants must be willing to undergo six months rigid training

and be assigned anywhere in the Philippines.
Marking, Inventory and Photograph;
Chain of Custody
• A.1.1
• The marking, physical inventory and photograph of the seized/confiscated items shall be
conducted where the search warrant is served.
• A.1.2
• The marking is the placing by the apprehending officer or the poseur-buyer of his/her initials and
signature on the item/s seized.
• A.1.3
• In warrantless seizures, the marking of the seized items in the presence of the violator shall be
done immediately at the place where the drugs were seized or at the nearest police station or
nearest office of the apprehending officer/team, whichever is practicable. The physical inventory
and photograph shall be conducted in the same nearest police station or nearest office of the
apprehending officer/team, whichever is practicable.

ADD A FOOTER 95
• A.1.4
• In cases when the execution of search warrant is preceded by warrantless seizures, the marking, inventory and
photograph of the items recovered from the search warrant shall be performed separately from the marking,
inventory and photograph of the items seized from warrantless seizures.
• A.1.5
• The physical inventory and photograph of the seized/confiscated items shall be done in the presence of the suspect
or his/her representative or counsel, with elected public official and a representative of the National Prosecution
Service (NPS) or the media, who shall be required to sign the copies of the inventory of the seized or confiscated
items and be given copy thereof. In case of their refusal to sign, it shall be stated “refused to sign” above their
names in the certificate of inventory of the apprehending or seizing officer.
• A.1.6
• A representative of the NPS is anyone from its employees, while the media representative is any media
practitioner. The elected public official is any incumbent public official regardless of the place where he/she is
elected.

ADD A FOOTER 96
• A.1.7
• To prevent switching or contamination, the seized items, which are fungible
and indistinct in character, and which have been marked after the seizure,
shall be sealed in a container or evidence bag and signed by the
apprehending/seizing officer for submission to the forensic laboratory for
examination.
• A.1.8
• In case of seizure of plant sources at the plantation site, where it is not
physically possible to count or weigh the seizure as a complete entity, the
seizing officer shall estimate its count or gross weight or net weight, as the
case may be. If it is safe and practicable, marking, inventory and
photograph of the seized plant sources may be performed at the plantation
site.

ADD A FOOTER 97
DISPOSAL OF DRUGS
• (a)
• Thermal destruction method in accordance with applicable environmental
laws. The PDEA may engage the professional services of third parties with
thermal facilities covered by valid and subsisting permits and clearances
issued by appropriate government agencies; or
• (b)
• Other lawful appropriate methods as may be authorized by the Board, in
consultation with the DENR.
• (c)
• Marijuana and plant sources of dangerous drugs shall be destroyed by
burning on the site of eradication activity and in open field. Thereafter, the
burnt marijuana plants shall be buried underground.

ADD A FOOTER 98
DESTRUCTION OF DRUGS
• The destruction or burning of seized/confiscated or surrendered
dangerous drugs, controlled precursors and essential chemicals,
instruments/paraphernalia and/or laboratory equipment shall be
done in the presence of the accused or the person/s from whom such
items were confiscated and/or seized, or his/her representative or
counsel, a representative from the media and the Department of
Justice/National Prosecution Service, civil society groups and any
elected public official.

ADD A FOOTER 99
SECOND PILLAR:
PROSECUTION
 PROSECUTION
Prosecution is the course of action or process whereby
accusations are brought before a court of justice to determine
the innocence or guilt of he accused.

The party in a criminal proceeding who instituted the

criminal action is called the prosecution.

The party against whom the criminal action was

instituted is called the defense.

In all criminal prosecutions, the real offended party is

the People of the Philippines.
 THE PROSECUTOR
The prosecutor is the officer of the
government whose function is the
prosecution of criminal actions partaking the
nature of criminal actions. He is also referred
to as public prosecutor and fiscal.
THE NATIONAL PROSECUTION SERVICE (NPS)

Presidential Decree No. 1275

The NPS is under the supervision and control of the

Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government.

Headed by a Prosecutor General (formerly known as Chief

State Prosecutor) pursuant to R.A. 10071, otherwise known
as the “Prosecution Service Act of 2010”.
 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 (Sec. 112, Criminal Procedure, Rules of Court).

It is required to be conducted before the filing of the

information for an offense where the penalty prescribed by law
is at least 4 yrs, 2 mos. and 1 day.

The purpose of conducting preliminary investigation is to

establish probable cause.
 PROBABLE CAUSE NO
MORE!!!!
Probable cause refers to the existence of such
facts and circumstances as would excite a belief in
a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person
charged is guilty of the crime for which he is
prosecuted.
It is the degree of evidence required in preliminary
investigation.
ADD A FOOTER 106
In brief
• On 16 July 2024, the Department of Justice (DOJ) issued Department Circular No. 015 or the “2024 DOJ-NPS Rules on Preliminary
Investigations and Inquest Proceedings” (“Rules“). The Rules mark a significant change to the conduct of criminal proceedings in
the Philippines, as they supersede the rules on preliminary investigations previously found in the Rules of Court. The Rules cover
the procedure for case build-up, preliminary investigation, inquest proceedings (in situations involving warrantless arrests) and
appeals. They introduce several innovations, such as enhanced prosecutorial roles in case build-up, e-filings, and virtual hearings
for both preliminary investigations and inquests. The Rules further detail the new “reasonable certainty of conviction” standard
previously adopted in several DOJ circulars.

• The Rules take effect on 31 July 2024, 15 days after being published.

• Why this is relevant to you

• Philippine criminal proceedings generally go through a two-stage process, with the first stage being under the DOJ and consisting
of a preliminary investigation or inquest, where applicable. If the DOJ determines that formal charges should be filed in court, the
second stage proceeds, with a trial court judge presiding over the trial.

• The new Rules modify the entire first stage of this process. Thus, the changes brought about by the Rules are relevant to clients
with ongoing criminal cases or those planning to initiate one.

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Below are 10 things worth noting under
these new Rules.
• 1. There have been some changes of the general flow of the
proceedings for preliminary investigations and inquests.
1.Filing of a complaint: The complaint-affidavit is filed with a relevant
prosecution office. It is to be accompanied by an investigation data form
and other supporting evidence and should establish prima facie evidence
with a reasonable certainty of conviction.
2.Assessment of a complaint/case build-up: The head of the prosecution
office will assess the complaint for sufficiency in form and completeness of
evidence before the complaint is docketed. If the evidence is insufficient,
the head of the prosecution office will require the complainant to submit
the lacking evidence. The complaint will only be docketed and sent to an
investigating prosecutor if the head of the prosecution office determines
that the complaint is sufficient in form and the evidence is complete

ADD A FOOTER 108

• Second assessment of a complaint/outright dismissal:** Upon
receiving the records, the investigating prosecutor has five days to
determine whether to recommend dismissing the complaint or to
issue a subpoena to the parties to appear for a preliminary
investigation hearing. A dismissal can be recommended if the
investigating prosecutor “finds no ground to continue with the
investigation.”
• Submission of a counter-affidavit: During the preliminary investigation
hearing, the respondent will file its counter-affidavit. The respondent
need not appear in person ** if the counter-affidavit was sworn to
before any prosecutor, any government official authorized to
administer an oath or, in their absence, a notary public.
ADD A FOOTER 109
• Case submitted for resolution: The case can be considered submitted for
resolution upon receipt of the counter-affidavit and confirmation that the
counter-affidavit has been received by the complainant. Outside of this scenario,
there are some procedures that the investigating prosecutor can opt for:
• Clarificatory hearing: If there are matters to be clarified after the counter-affidavit
has been filed, the investigating prosecutor can set a physical or virtual**
clarificatory hearing. If this hearing is set, the complainant and respondent must
attend** — whether in person or virtually.
• Reply-affidavit and rejoinder-affidavit: It appears that a reply-affidavit and
rejoinder-affidavit may now only be required if they are found to be necessary
after a clarificatory hearing.**
• Discovery:** The investigating prosecutor may issue subpoena duces tecum/ad
tes tificandum to require parties, witnesses or third parties to produce evidence
or execute sworn statements material to the investigation.

ADD A FOOTER 110

Meanwhile, the general flow of an inquest under
the new Rules is as follows (those with ** are
new):
1.Filing of a referral letter: The referral letter should be filed by law enforcement
agents within the 12/18/36-hour periods under Article 125 of the revised Penal
Code.
2.ii. Provisional determination of validity of a warrantless arrest: The head of the
prosecution office/designated prosecutor will provisionally determine the validity
of the warrantless arrest before the referral is docketed and assigned to an
inquest prosecutor.** From here, the following outcomes are possible:
3.Release: The arrested person will be ordered to be released if a warrantless
arrest is invalid or if the required evidence is not submitted within the relevant
periods under Article 125 of the Revised Penal Code.**
4.Docketed for inquest: The referral will only be docketed and assigned to an
inquest prosecutor if it is determined to be complete in terms of the required
evidence that establishes the elements of the crime, and if the periods under
Article 125 of the Revised Penal Code were shown to have been observed.**

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• Inquest proper: The respondent may opt for a preliminary
investigation to be conducted, in which case it is required to sign a
waiver of the provisions of Article 125 of the Revised Penal Code.
Despite this waiver, the respondent may apply for bail, and the
investigation should be terminated within 15 days.**
• Resolution: Inquest referrals must be resolved within the same day
and transmitted to the head of office for approval on the next
working day.**

ADD A FOOTER 112

Quantum of evidence: “prima facie evidence
with reasonable certainty of conviction”
• The Rules reflect the latest DOJ circulars transitioning the standard for
preliminary investigations to a “reasonable certainty of conviction”
(as opposed to the traditional “probable cause” standard). The Rules
go a step further by clarifying that this determination can be arrived
at upon prima facie evidence. How this will be applied remains to be
seen because, while the Rules characterize it as “prima facie
evidence,” Rule II, Section 5 also says that the quantum of evidence is
met when the prosecutor is convinced that the entirety of the
evidence presented by the parties is admissible, credible and capable
of being preserved and presented. For context, the rule has been as
follows:
ADD A FOOTER 113
• [A] preliminary investigation is not the occasion for the full and exhaustive
display of the parties’ evidence; it is for the presentation of such evidence
only as may engender a well-grounded belief that an offense has been
committed and that the accused is probably guilty thereof.

• Consequently, “the determination of probable cause does not depend on

the… admissibility or veracity of testimonies presented” Evidentiary
matters are traditionally thrashed out during a court trial.

• Under these new Rules, dismissals may be justified on account of

admissibility and credibility issues, even prior to a court trial.

ADD A FOOTER 114

3. The case build-up and assessment process has
been integrated in the Rules.

• DOJ circulars in 2023 introduced the case build-up process, where a

complaint undergoes a preliminary assessment prior to docketing,
with the prosecutor having the option of requiring further evidence
or dismissing the complaint at the outset where a “reasonable
certainty of conviction” is not present. This process remains and has
been further clarified under the Rules, as discussed in Item 1 above.
Parties initiating criminal cases should keep this in mind, owing to the
higher thresholds and the extra leeway for dismissal given to
prosecutors.

ADD A FOOTER 115

PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their assistants;
b. judges of the municipal trial courts and municipal circuit trial courts
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan’s special prosecutors as authorized by the
Ombudsman
2. COMELEC’s authorized legal officers in connection with
election offenses
3. Special prosecutors appointed by the Secretary of Justice
4. The jurisdiction of state prosecutors has
been clarified.
• The Rules clarify that the jurisdiction of prosecutors assigned to the
Office of the Secretary of Justice Prosecution Staff ( i.e., state
prosecutors) is over criminal cases where: (1) national security is
involved; (2) task forces have been created; (3) venues were
transferred to avoid a miscarriage of justice; and (4) the secretary of
justice directed state prosecutors to take over, as public interest may
require. This provides guidance as to when cases can be referred to
state prosecutors, instead of to the prosecutor’s office of the relevant
venue.

ADD A FOOTER 117

5. A “complainant” is the “offended
party”.
• The jurisprudential rule concerning who the proper complainants are in a preliminary
investigation is, “unless the offense subject thereof is one that cannot be prosecuted de oficio,
the same may be filed, for preliminary investigation purposes, by any competent person” and “a
complaint for purposes of preliminary investigation by the fiscal need not be filed by the
‘offended party'” (see Francisco, Jr. v. People, G.R. No. 177720, 18 February 2009).

• The new Rules, on the other hand, define a complainant as:

• The offended party (which may be a natural or juridical person), a person authorized… to file the
complaint-affidavit on behalf of the offended party, a law enforcement agency, or any other
public entity charged with the enforcement of the law violated.

• How this rule will be applied remains to be seen, but it potentially limits who can initiate criminal
complaints in the Philippines.

ADD A FOOTER 118

6. Proof of the respondent’s last known
address is required.
• If the respondent does not appear during the preliminary
investigation hearing, the Rules require the investigating prosecutor
to require proof from the complainant that the address indicated in
the complaint-affidavit or in the NPS investigation data form is the
respondent’s last known address. This is a new mechanism that is
meant to address due process issues that typically arise when a
prosecutor considers a criminal complaint submitted for resolution
without the respondent’s participation.

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7. Prosecutors may now avail of discovery
measures during preliminary investigations.
• Under the Rules, an investigating prosecutor may issue a subpoena
duces tecum or a subpoena ad testificandum to require either of the
parties or any of the witnesses, including third parties, to produce
books, records, documents or evidence, or to execute sworn
statements that are material to the investigation. This may be done
upon motion or motu proprio, at any time during the preliminary
investigation, before the case is submitted for resolution.
Noncompliance gives the investigating prosecutor reason to initiate a
criminal case for resistance and disobedience to a person in authority,
and obstruction of justice.

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8. A motion to reopen a preliminary investigation
is allowed when “justified by the circumstances.”
• Earlier issuances by the DOJ (i.e., the 2018 Manual for Prosecutors)
expressly limit the grounds for a motion to reopen an investigation to
(1) when newly discovered evidence has been submitted and (2)
when the respondent has not been notified of the complaint. Under
the Rules, a motion to reopen may be allowed when “justified by the
circumstances.” The submission of newly discovered evidence and a
party’s failure to participate are only provided as examples.

ADD A FOOTER 121

9. E-filing of submissions other than the complaint-affidavit is
now possible, along with virtual preliminary investigations and
inquest proceedings
• The Rules allow virtual preliminary investigation hearings subsequent to the initial hearing, which should be conducted in person.
The Rules allow the investigating prosecutor to decide during this initial hearing if a continuation of the proceedings through
videoconferencing is warranted, i.e., it will be beneficial to the fair, speedy and efficient administration of justi ce and when
information and communications technology (ICT) is available to both the prosecution office and the parties.

• The Rules also allow a counter-affidavit to be electronically filed if a respondent fails to submit its counter-affidavit during the
initial hearing and an extension for filing the counter-affidavit is granted. Reply-affidavits and rejoinder-affidavits (where allowed)
may also be filed electronically.

• Such e-filings must be made electronically via email in PDF and should be accompanied by a verified declaration that the
electronically filed affidavit and accompanying documents, if any, are complete and true copies of the hard copies filed with the
prosecution office. Consequently, however, the hard copy of the original affidavit must still be submitted to the prosecution office
either personally or by an accredited courier on or before the date set in the order issued by the prosecutor.

• Inquest proceedings may be conducted virtually if the inquest prosecutor opts to do so, provided that both the prosecution office
and the parties have access to ICT. If conducted virtually, the referral letter and all evidence must be filed via the official email
address of the prosecution office.

ADD A FOOTER 122

10. The Rules consolidate DOJ circulars
governing the appeals process.
• Under the Rules, an aggrieved party can file a motion for reconsideration
of the resolution within 15 days of receiving the resolution.
• Cases cognizable by first-level courts within Metro Manila can be appealed
to the prosecutor general, and those outside Metro Manila can be
appealed to the regional prosecutor. The prosecutor general and the
regional prosecutor’s resolutions in these appeals will be final and no
longer appealable to the Office of the Secretary of Justice. Cases cognizable
by second-level courts within or outside Metro Manila can be appealed to
the secretary of justice. The secretary of justice’s resolution will be final,
executory and no longer appealable, except for cases involving offenses
punishable by reclusion perpetua or death, which can still be further
appealed to the Office of the President.

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COMPLAINT
- is a sworn written statement charging a
person with an, offense, subscribed by the offended
party, any peace officer or other public officer charged
,with the enforcement of the law violated.

INFORMATION
- an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed
with the court.
 INQUEST PROCEDURE
Inquest procedure is an inquiry made by the duty
prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant.

This process requires the prosecutors to resolve the

complaint the police filed in a prescribed period which
varies depending on the gravity of the offense:

light penalties = 12 hours

correctional penalties = 18 hours
afflictive penalties = 36 hours
THIRD PILLAR:
COURT
 COURT
Court, as the third pillar, is said to be the centerpiece of
the criminal justice system and its primary and most
important function as a component of the criminal
justice system is to decide whether the accused is
guilty or not guilty of the crime he is accused of
committing. It is within the power of this pillar to end
the process for the accused or to proceed with the next
pillar, which is correction.
 JUDICIAL POWER
is the power to apply the laws to contests or
disputes concerning legally recognized rights or
duties of and between the state and the private
persons or between individual litigants in cases
properly brought before the judicial tribunals.
 POWER OF JUDICIAL REVIEW
is the power of the Supreme Court to determine
whether laws passed by Congress and acts of
the President are in accordance with the
Constitution when the matter is raised.
 JURISDICTION
It is the authority of the court to hear and
try a particular offense and to impose the
punishment provided by law.
 VENUE
Refers to the place, location or site where the
case is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF
CRIMINAL JURISDICTION:

1. The offense is one which the court is by law

authorized to take cognizance of
2. The offense must have been committed within
its territorial jurisdiction
3. The person charged with the offense must
have been brought to its presence for trial, forcibly,
by warrant of arrest or upon his voluntary
submission to the court.
 KINDS OF JURISDICTION
1. General – when the court is empowered to decide all
disputes which may come before it except those assigned in other
courts.
2. Limited – when the court has the authority to hear and
determine only a few specified cases.
3. Original - when the court can try and hear a case presented
for the first time
4. Appellate – when the court can try a case already heard and
decided by a lower court, removed from the latter by appeal
5. Exclusive – when the court can try and decide a case which
cannot be presented before any other court
6. Concurrent – when any of two or more courts may take
cognizance of a case.
 THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization Act of
1980 which defines the organization, composition and jurisdiction
of the courts.

1. Regular Courts
2. Special Courts
I. REGULAR COURTS

1. SUPREME COURT (SC)

- the highest court of the land.
- composed of a Chief Justice and 14 Associate Justices.
- has appellate jurisdiction over cases decided by the Court
of Appeals and has the power of judicial review.
- the court of last resort
I. REGULAR COURTS

COURT OF APPEALS (CA)

- headed by a Presiding Justice and composed of sixty-eight
(68) Associate Justices.
- has appellate jurisdiction over cases decided by the
Regional Trial Courts.
- It reviews not only the decisions and orders of the Regional
Trial Courts nationwide, but also those of the Court of Tax
Appeals.
I. REGULAR COURTS

3. REGIONAL TRIAL COURTS (RTC)

- presided by a Regional Judge.
- has general jurisdiction over criminal cases and has
jurisdiction over offenses punishable with imprisonment of
six (6) years and one (1) day and over.
- has appellate jurisdiction over cases decided by the MTCC,
MTC, MeTC and MCTC.
I. REGULAR COURTS
Municipal Trial Courts/Municipal Trial Courts in Cities/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, (c)
damage to property through criminal negligence.

MUNICIPAL TRIAL COURTS (MTC)

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)
MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
METROPOLITAN TRIAL COURTS (MeTC)
II. SPECIAL COURTS

1. SANDIGANBAYAN
- Presidential Decree No 1606.
- equal to that of the Court of Appeals and Court of Tax
Appeals.
- Presiding Justice and fourteen (14) Associate Justices.
- This special court is tasked to handle criminal cases
involving graft and corruption and other offenses committed by
high- ranking public officers and employees in connection with the
performance of their functions.
- It has original exclusive jurisdiction over public officers
accused of committing crimes in relation to their official functions
and whose salary grade is 27 and above.
II. SPECIAL COURTS
2. COURT OF TAX APPEALS (CTA)
- created by Republic Act No 1125, as amended by
Republic Act No 9282.
- It is composed of a Presiding Justice and five (5)
Associate Justices.
- - It has both the original and appellate jurisdictions
over civil and criminal tax cases involving the
National Internal Revenue Code, Tariff and Customs Code
and the Local Government Assessment Code.
II. SPECIAL COURTS

3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083,
otherwise known as the Code of Muslim Personal
Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain
to family rights and duties as well as contractual
relations of Filipino Muslims. And decisions
rendered by the Shari’a District Courts are final.
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal
First Stage: ARRAIGNMENT
- the reading of the criminal complaint or information
to the defendant, by the judge or clerk of court and
asking him whether he pleads guilty or not guilty as
charged.
- the stage where the accused is formally informed of the
charges against him
- the stage where the issues are joined in criminal
action and without which the proceedings cannot
advance further
- requires that the accused be personally or physically
present in court.
SECOND STAGE: PRE-TRIAL
- a conference called by the judge that requires the
presence of both the prosecution and the accused before the
beginning of a trial
- mandatory in all criminal cases

The following are to be taken up during the conference:

a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
f. such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.
PLEA BARGAINING
the process whereby the accused, the offended party and the
prosecution work out a mutually satisfactory disposition of
the case subject to court approval
THIRD STAGE: TRIAL
Trial is the examination before a competent tribunal,
according to the laws of the land, of the facts put in issue in a
case, for the purpose of determining such issue. It is the
period for the introduction of evidence by both parties.
- the period for the introduction of evidence by both
parties.
- it shall in no case exceed 180 days the first day of the trial,
except as otherwise provided by the Supreme Court.
FOURTH STAGE: JUDGMENT
Judgment of Conviction - if the judge finds the accused guilty
of the charges against him.

Judgment of Acquittal - if the judge finds the accused not

guilty of the charges against him.

Promulgation of Judgment - is an official proclamation or

announcement of the decision of the court. The judgment is
promulgated by reading in the presence of the accused and
any judge of the court in which it was rendered.
FOURTH STAGE: JUDGMENT
A judgment becomes final:
1. when the period for perfecting appeal an appeal has lapsed;
2. when the sentence is partially or totally satisfied or served;
3. when the accused expressly waives in wilting his right to appeal and
4. when the accused applies for probation.
FIFTH STAGE: APPEAL
- the elevation by an aggrieved party of any decision, order or award
of a lower body to a higher body, by means of a document which
includes the assignment of errors, memorandum of arguments in
support thereof, and the reliefs prayed for.
- an appeal must be within fifteen (15) days from promulgation of
judgment, the period for perfecting an appeal.
- the accused may or may not appeal his case
- when the accused decides not to appeal his case, the decision
becomes final and executory
- on appeal, the State is represented by the Solicitor General
FIFTH STAGE: APPEAL
- the elevation by an aggrieved party of any decision, order or award
of a lower body to a higher body, by means of a document which
includes the assignment of errors, memorandum of arguments in
support thereof, and the reliefs prayed for.
- an appeal must be within fifteen (15) days from promulgation of
judgment, the period for perfecting an appeal.
- the accused may or may not appeal his case
- when the accused decides not to appeal his case, the decision
becomes final and executory
- on appeal, the State is represented by the Solicitor General
FOURTH PILLAR:
CORRECTIONS
CORRECTIONS
It is the branch of administration of criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders. It also deals with punishment, treatment and incarceration of
offenders.
It is composed of the institutional and non-institutional agencies of
the government.

PENOLOGY
- a branch of criminology which deals with the treatment,
management and administration of inmates
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
1. RETRIBUTION
-imprisonment is supposed to be the payment of the offender to the
victim or the victims family for the crime he committed against him or them.

2. DETERRENCE
- imprisonment is supposed to discourage convicted offenders from
committing crimes again because of their experience in the prison or jail
-at the same time, imprisonment is supposed to discourage

3. ISOLATION
- convicted offenders are separated from society to prevent them from
committing another crime
- at the same time, imprisonment protects law-abiding citizens from the harm
criminals may inflict on them.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
4. REFORMATION
- this involves the use of punitive and disciplinary measures such as solitary
confinement to modify or reform criminal behavior whose conduct and
deportment is not totally responding to rehabilitation programs

5. REHABILITATION
- based on the premise that through correctional intervention, such as
educational and vocational training and psychotherapeutic programs, an
offender may be changed

6. REINTEGRATION
- the effort of correction to change criminal behavior should result in
a situation and ability on the part of the penitent offender to return to society
in some productive and meaningful capacity in a free community.
PENALTY
- the suffering that is inflicted by the State for
the transgression of the law.

PUNISHMENT
- it is the redress that the state takes against
the offender member of society
MITTIMUS
- is a warrant issued by a court bearing its seal
and the signature of the judge directing the jail or
prison authorities to receive the convicted offender
for service of sentence.

COMMITMENT ORDER
- is a written order of a court or authority
consigning a person to jail or prison for detention.
INSTITUTIONAL CORRECTIONS
DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa
BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act
of 1905, enacted on 1 November 1905, as an agency under the Department of
Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No
292 dated 22 November 1989.
SEVEN (7) PRISONS AND PENAL
FARMS IN THE PHILIPPINES
1. SAN RAMON PRISON AND PENAL FARM
2. IWAHIG PENAL COLONY
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
4. DAVAO PENAL COLONY
5. NEW BILIBID PRISON
6. SABLAYAN PRISON AND PENAL FARM
7. LEYTE REGIONAL PRISON
INSTITUTIONAL CORRECTIONAL AGENCIES
IN THE PHILIPPINES
1. Bureau of Corrections
-an attached agency of the Department of Justice
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
- exercises over all control and supervision of all the corrections/prisons
facilities nationwide
- has custody of prisoners sentenced to imprisonment of more than three (3) years

2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each province.
It shall be under the supervision and control of the provincial governors.
3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act
6975, exercises supervision and control over all district, city and municipal jail
nationwide. Formally established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. DETENTION PRISONERS - those held for security
reasons, investigation, those awaiting or undergoing trial
and awaiting judgment.
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
CLASSIFICATION OF PRISONERS
1. SENTENCED PRISONERS - those convicted by final
judgment and are serving their sentence
a. Municipal Jail Prisoner – 1 day to 6 months.
b. City Jail Prisoner – 1 day to 3 years
c. Provincial Jail – 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1
day to Reclusion Perpetua or Life Imprisonment.
PRISON
- under the supervision of the national government through
the Bureau of Corrections under the Department of Justice.
- has custody over convicted offenders whose sentence is
imprisonment of three years and one day and above.
JAIL
- under the supervision of the local government through
either the Office of the Provincial Governor or Bureau of Jail
Management and Penology, both under the Department of
Interior and Local Government
- has custody over convicted offenders whose sentence is
imprisonment of three years or less
- has custody over offenders who are in detention while
undergoing investigation, undergoing trial and awaiting
judgment
NON-INSTITUTIONAL CORRECTIONS
BOARD OF PARDONS AND PAROLE

- grants parole and recommend to the President the grant

of any form of executive clemency to deserving prisoners or
individuals
- reviews reports submitted by the Parole and Probation
Administration and make necessary decisions.
- a functional unit under the Department of Justice
NON-INSTITUTIONAL CORRECTIONS
PAROLE AND PROBATION ADMINISTRATION

- originally called Probation Administration and was

created by virtue of PD 968 of 1976
- was renamed Parole and Probation Administration by
EO No 292
- given the added function of supervising prisoners who,
after serving part of their sentence in jails or prisons, are
released on parole with parole conditions
- an attached agency to the Department of Justice
NON-INSTITUTIONAL CORRECTIONS
Department of Social Welfare and Development (DSWD)

renders services for Children in Conflict with

the Law (CICL) (RA 9344, Juvenile Justice and
Welfare Act of 2006, April 28, 2006).
EXECUTIVE CLEMENCY
- the collective term for absolute pardon, conditional
pardon, reprieve and commutation of sentence.

1. PARDON
- is a form of executive clemency granted by the
President as a privilege extended to convicts as a
discretionary act of grace.
TWO (2) KINDS OF PARDON
a. ABSOLUTE PARDON - refers to the total extinction of
the criminal liability of the individual
b. CONDITIONAL PARDON - refers to an exemption of
an individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal
liability.
2. REPRIEVE
- the temporary stay of the execution of a sentence,
usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already
affirmed by the Supreme Court
3. COMMUTATION OF SENTENCE
- an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term
- refers to the reduction of the duration of a prison
sentence
- another prerogative of the President
4. AMNESTY
- a special form of pardon exercised by the President
- a general pardon extended to a certain class of
people who are usually political offenders
- needs the concurrence or approval of Congress
PAROLE
- a procedure by which prisoners are selected for
release on the basis of individual response and progress
within the correctional institution and a service by which
they are provided with necessary control and guidance as
they serve the remainder of their sentence within the
community
- provided by Act No 4103, the Indeterminate Sentence
Law, which took effect on 5 December 1933.
PROBATION
Is a disposition under which a defendant after
conviction and sentence, is released subject to conditions
imposed by the court and under the supervision of a
probation officer. It is a privilege granted by the court to a
person convicted of a criminal offense to remain in the
community instead of actually going to prison.
- provided by Presidential Decree No 986, the Probation
Law of 1976
FIFTH PILLAR:
COMMUNITY
Role of the Community as the fifth pillar of
the Criminal Justice System
The community is understood to mean as “elements
that are mobilized and energized to help authorities in
effectively addressing the law and order concern of the
citizenry.”
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
Laws Governing Barangay Justice System
PD 1508
“An Act Establishing a System of Amicably Settling Disputes at the Barangay Level”
RA 7160
RA 7160 is otherwise known as the 1991 Local Government Code.
This gives barangays the mandate to enforce peace and order and provide support for the
effective enforcement of human rights and justice.
Batas Pambansa Blg. 337 or the 1983 Local Government Code
Katarungang Barangay (KP) is a system of
justice administered at the barangay level for the purpose
of amicable settling disputes through mediation,
conciliation or arbitration among the family or barangay
without resorting to the courts.
Barangay
The basic political unit
Serves as the primary planning and implementing
unit of government policies, plans, programs,
projects, and activities in the community, and as a
forum wherein the collective views of the people
may be expressed, crystallized, and considered,
and where disputes may be amicably settled. (Sec
384 of the Local Government Code)
Composition of Barangay Officials

A Punong Barangay (5-yr term)

Seven(7) Sangguniang Barangay Members
Sangguniang Kabataan Chairman
A Barangay Secretary
A Barangay Treasurer
General Rules

1. NO LAWYERS allowed in barangay

hearings.
2. Not all cases go to the Katarungang
Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a
court
Cases Exempted in Katarungang Pambarangay

1. ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR

CORPORATION
2. OFFENSES INVOLVING GOVERNMENT ENTITY
3. OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND
EXCEEDING FINE FIVE THOUSAND (P5,000.00)
4. OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS
CRIME)
5. REAL PROPERTIES IN DIFFERENT CITIES OR
MUNICIPALITIES, DISPUTES THAT NEED URGENT
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES
AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.
Cases directed to court

1.IF THE PERSON IS ALREADY DETAINED.

2.IN CASE OF HABEAS CORPUS.
3.THERE IS PROVISIONAL REMEDY.
4.PRESCRIBED
 Venue

1. If both parties are residents of the same barangay,

before the Lupon of the barangay.
2. Different barangays but in the same municipality, in the
barangay of the respondent.
3. If real property is involved, in the place of real property.
4. If it involves work, in the place of work.
Lupong Tagapamayapa

Lupong Tagapamayapa (Lupon) is a body organized in

every barangay composed of Punong Barangay as the
Chairperson and not less than ten (10) and more than
twenty (20) from which the members of every Pangkat
shall be chosen.
Pangkat Tagapagkasundo

Composition
Pangkat ng Tagapagkasundo is a conciliation panel constituted for
each dispute brought before the Lupon. It is composed of three (3)
members who shall be chosen by the parties to the dispute from the
list of members of the Lupon.
Should the parties fail to agree on the Pangkat membership, the
same shall be determined by lots drawn by the Barangay Chairman.
THE END