UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)

VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
Email add: [email protected]
COLLEGE OF CRIMINAL JUSTICE EDUCATION

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Name of Student: ____________________________________ Yr. / Block: ______________

MODULE NO. 2 – MIDTERM COVERAGE

Title: Second and Third Pillar of CJS
Overview:
- Prosecution as second pillar
- Court as third pillar

Introduction:
In the Philippines, crime is so prevalent and inevitable. It is not only a police
matter, but also a problem in the community where victims of criminal violence abound.
Cooperation of the police and the community members is imperative to repress, if not
totally eradicate criminal acts. Members of the community must be vigilant in their
surroundings against lawless elements. They must have the fundamental knowledge and
tools needed to help in crime prevention. One aspect of crime prevention is the proper
understanding of how the legal system works in our country.

Learning Outcomes:
- Explain the role of the prosecutor in the court
- explain the relationship of the function of the police and of the prosecutor
- elaborate the meaning of selective prosecution and the role of the prosecution in selective
prosecution
- distinguish arraignment from plea bargaining and explain their meaning
- Explain the remedial measures to improve the organization of the court’s system

Learning Objectives:
- Students will learn the various roles of the prosecution as the second pillar of CJS.
- Students will learn the various roles of the court as the third pillar of the CJS.
SECOND PILLAR OF CJS: PROSECUTION
PROSECUTION - It is the institution or continuance of a criminal suit involving the process of
exhibiting formal charges against an offender before a legal tribunal and pursuing final judgment
on behalf of the state or government. The process or method whereby accusations are brought
before a court of justice to determine the innocence or guilt of the accused.
• PROSECUTORS are government officials who represent the people of a particular
jurisdiction.
• The State Prosecutor also known as fiscals, is considered the “keystone” in the
administration of criminal justice. It serves as the lawyer of the state in criminal cases.

THE ROLE OF THE PROSECUTOR OR FISCAL

 In the Philippines, the term "fiscal" is often used to refer to a public prosecutor. It's
important to note that "fiscal court" is not a term formally used in the Philippine legal
system. Rather, the fiscal or public prosecutor plays a critical role in criminal proceedings
which usually take place within municipal, regional, or special courts. The prosecutor is
responsible for evaluating complaints, conducting preliminary investigations, and
representing the People of the Philippines in court proceedings.
Prosecutorial Discretions
1. To file a case in court against the accused for trial on merits.
2. To drop or dismiss a case after conducting preliminary investigation for lack of merit of
insufficient evidence.
3. To enter into agreement with the defense counsel for the consideration and approval of
the court.
4. To recommend reduced charges and bail in favor of the accused.

POLICE PROCESS
- The police conduct investigation and when the outcome of their investigation reveals sufficient
evidence against a particular suspect, based on testimony and identification by witnesses, and
other evidence, the suspect is placed under arrest.
CUSTODIAL INVESTIGATION
• It is conducted when the suspect has been taken into custody, and the police carry out a
process of interrogation.
• The prosecutor evaluates the document to determine whether to reject or to accept the
case for prosecution.

PROSECUTION PROCESS
 The investigation and prosecution of all cases involving violations of penal laws are
lodged with the Department of Justice (DOJ) through its National Prosecution Service
(NAPROSS).
 The DOJ is headed by the Secretary of Justice with three Undersecretaries assisting him.
 Aside from being the prosecution arm of the government, the DOJ shall have the
following powers and functions:

a. Act as principal law agency of the government and as legal counsel and representative
thereof, whenever so required;
b. Administer the probation and correction system;
c. Extend free legal assistance/ representation to indigents and poor litigants in criminal
cases and noncommercial civil disputes;
d. Preserve the integrity of land titles through proper registration;
 e. Investigate and arbitrate untitled land disputes involving small landowners and members
of indigenous cultural communities;
f. Provide immigration and naturalization regulatory services and implement the laws
governing citizenship and the admission and stay of aliens;
g. Provide legal services to the national government and its functionaries, including
government owned or controlled corporations and their subsidiaries; and
h. Perform such other function as may be provided by law.
It consists of the following constituent units:
1. Department proper;
2. Office of the Government Counsel;
3. National Bureau of Investigation;
4. Public Attorney’s Office;
5. Board of Pardons and Parole;
6. Parole and Probation Administration;
7. Bureau of Corrections;
8. Land Registration Authority;
9. Bureau of Immigration; and
10. Commission on the Settlement of Land Problems
RULE 110. Offenses of Prosecutions
Sec. 1 Institutions of criminal actions
a. For offenses where preliminary investigation is required pursuant to Sec 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting requisite
preliminary investigation.
b. For all other offenses, by filing the complaint or info directly with the MTC and MCTC,
or the complaint with the office of the prosecutor.
* The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws.
Sec. 2. Complaint or Information – shall be in writing, in the name of the People of the
Philippines and against all persons who appear to be responsible for the offense involved.
• COMPLAINT 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 law violated.
• INFORMATION is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.
SEC 6. COMPLAINT OR INFORMATION IS SUFFICIENT IF:
 Name of the accused – the complaint or information must state the name and surname of
the accused or any appellation or nickname by which he has been or is known.
 Designation of the offense given by the statute – and specify the qualifying and
aggravating circumstance
 The acts or omissions complained of as constituting the offense – must be stated in
ordinary and concise language. In terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and
aggravating circumstances ss
 Place where the offense is committed
PRELIMINARY INVESTIGATIONS
(Sec 1, Rule 112 Rules of Criminal Procedure)
• It is an inquiry or proceedings for the purpose of determining whether there exists
sufficient ground to engender a well-founded belief that a crime has been committed and
that the respondent is probably guilty thereof and should be held for trial.
• Before a case goes to court, a preliminary investigation is usually conducted by the
prosecutor. This is the stage where the prosecutor evaluates if there is sufficient evidence
to believe that a crime has been committed and that the respondent (the person accused)
is probably guilty of the crime. Both the complainant and the respondent are given
opportunities to submit affidavits and evidence.
• Note: When a person is lawfully arrested without warrant there is no right for preliminary
investigation

WHEN PRELIMINARY INVESTIGATION IS REQUIRED?

• It is required before the filing of a complaint or information for an offense where the
penalty prescribed by law is at least 4 years, 2 months and 1 day regardless of fine.

Basic Procedure in Preliminary Investigation (Rule 112, Sec 2. Rules of Court)

1. Filing of Complaint Affidavit – within 10 days determine probable cause
2. Issuance of Subpoena by the prosecutor to the respondent
3. Filing of counter affidavit by the respondent – within 10 days
4. Hearing shall be held within 10 days from submission of the counter-affidavits
5. Resolution – within 10 days

AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

• Provincial or City Prosecutors and their assistants
• National and Regional State Prosecutors
• Other officers who may be authorized by law (COMELEC, OMBUDSMAN)

Agencies comprising prosecutorial functions

a. National Prosecution Service
b. Office of the Special Prosecutor
c. Office of the Ombudsman
d. Judge Advocate General’s Office

PD 911
• It is promulgated on March 13, 1976 as amended by Batas Pambansa Bilang 129 and
further amended by the New Rules on Criminal Procedure

RA No. 5180 (as amended by PD 911)

- An act prescribing a uniform system of preliminary investigation by provincial and city
fiscals and their assistants, and by state attorneys or their assistants
WHAT IS THE PURPOSE?
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect him
from an open and public accusations of a crime.

SALIENT POINTS OF PD 911

a. Upon submission of the complainant’s affidavits and documents, the investigating fiscal
or state prosecutor shall immediately determine if there is a probable cause to conduct
preliminary investigation.
b. If no such cause exists, he shall dismiss the complaint. But if there is a probable cause, he
shall notify and require the person charge to submit his affidavit and those of his
witnesses within 10 days.
c. If no such affidavits are submitted or the person charged does not appear, the
investigation shall proceed without him.

d. Based on the affidavits and documents submitted by the parties, the Fiscal or State
prosecutor shall decide within 10 days whether a crime has been committed and the
person charged is probably guilty thereof.

e. He shall furnish the parties’ copies of his resolution briefly stating his findings of facts
and the law supporting his decision.

f. If he believes the person charged is probably guilty of the crime, he shall immediately file
the information in court. Otherwise, he shall dismiss the complaint, unless there are some
matters, he wishes to be clarified.

g. In such a situation, he shall ask the parties and their witnesses clarificatory questions.

h. Without the approval of the Provincial Fiscal or Chief State Prosecutor, an Assistant
Fiscal or State Prosecutor cannot file information in court or dismiss a case investigated
by him.

i. The Provincial Fiscal or Chief State Prosecutor himself may file the proper information
or direct another Assistant Fiscal to do so, if he reverses a recommendation to dismiss a
complaint.

j. PD 911 also empowers the Secretary of Justice to review resolutions of Provincial Fiscal
or Chief State Prosecutor without requiring another preliminary investigation.

k. If the Secretary of Justice believes that the person charged is not guilty of the crime he
can order the filing of the proper information if he believes that the person charged is
probably guilty of the offense.
WHAT IS AN INQUEST?
- It is an informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant of arrest
issued by the court. The inquest serves to determine whether said persons should remain
under custody and correspondingly be charged in court.
- An inquest is a summary investigation conducted by a public prosecutor in cases where a
person has been lawfully arrested without a warrant.
Purpose: The inquest determines whether the arrest was legal and whether the person arrested
should remain in custody and be charged in court. Essentially, it assesses if the detention is
lawful and if there's sufficient evidence to charge the individual in court.
Circumstances for Conduct: An inquest is conducted when;
 A person is arrested without a warrant while committing, attempting to commit, or just
after committing an offense (in flagrante delicto).
 A prisoner has escaped from jail or detention.
 A crime has just been committed, and the arresting officer has probable cause to believe,
based on personal knowledge of the facts or circumstances, that the person arrested is the
perpetrator.
SELECTIVE PROSECUTION is a procedural defense in which defendants argue that they
should not be held criminally liable for breaking the law because the criminal justice system
discriminated against them by choosing to prosecute.
- In claims of selective prosecution, defendants essentially argue that it is irrelevant
whether they are guilty of violating a law, but that the fact of being prosecuted is based
upon forbidden reasons. Such a claim might, for example, entail an argument that persons
of different age, race, religion, sex, gender, or political alignment, were engaged in the
same illegal acts for which the defendant is being tried yet were not prosecuted, and that
the defendant is being prosecuted specifically because of a bias as to that class.
ARRAIGNMENT AND PLEA (Rule 116, Rules of Court)
ARRAIGNMENT - is the legal mechanism whereby an accused is brought before the court
wherein the complaint charged against him is read by the clerk of court in the presence of his
lawyer.
PLEA BARGAINING - is the process of discussion or negotiation between the defense counsel
and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea. (It
is authorized by Sec 1 and 2 of Rule 116 of Revised Rules on Criminal Procedures)
• Plea bargaining is not allowed under Dangerous Drugs Act where the imposable penalty
is Reclusion Perpetua.
• Plea bargaining is done during pre-trial stage/conference.
• Saving factor in plea bargaining – the truly innocent don’t plead guilty.

Objectives of Plea Bargaining is to Mitigate such as:

1. Reducing the charge
2. Dropping multiple counts (complex-simple)
3. Recommend leniency to the court
4. Separate complex crime

THE REPUBLIC ACT 8493 (The Speedy Trial Act)

• This act was enacted to ensure speedy trial of all criminal cases before the Sandigan
Bayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and
Municipal Circuit Trial Court. Under this act, the following Section gives significant on
the speedy resolution of cases.
SEC. 2. Mandatory Pre-Trial in Criminal Cases. – In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and
the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to
consider the following:
1. Plea bargaining;
2. Stipulation of Facts;
3. Marking for identification of evidence of parties;
4. Waiver of objections to admissibility of evidence; and
5. Such other matters as will promote a fair and expeditious trial.

• Modification of the order of trial if the accused admits the charge but interposes a lawful
defense
Sec 3. All agreements or admissions made or entered into during the pre-trial conference shall be
reduced to writing and signed by the accused and counsel, otherwise the same shall not be used
in evidence against the accused.
Sec. 4 Non-appearance at pre-trial conference. Where counsel for the accused or the prosecutor
does not appear at the pre-trial conference and does not offer an acceptable excuse for his/her
lack of cooperation, the pre-trial justice or judge may impose proper sanctions.
Sec 7. The arraignment of an accused shall be held within 30 days from the filing of the
information, or from the date the accused has appeared before the justice, judge or court in which
the charge is pending, whichever date last occurs.
• Thereafter where a plea of not guilty is entered, the accused shall have at least fifteen 15
days to prepare for trial. Trial shall commence within 30 days from arraignment.
• If the accused pleads not guilty to the crime charged, he or she shall state whether he/she
interposes a negative or affirmative defense. A negative defense shall require the
prosecution to prove the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove such
defense by clear and convincing evidence.
Section 13, if an accused is not brought to trial within the time limit required by Section 7 of
this Act as extended by section 9, the information shall be dismissed on motion of the
accused. The Accused shall have the burdened of proof supporting such motion, but the
prosecution shall have the burden of going forward with the evidence in connection with the
exclusion of time.
• Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty shall
constitute a waiver of the right to dismissal under this section.
PRE-TRIAL
• It is a mandatory conference and personal confrontation before the judge between the
parties and their respective counsel.
MAIN PURPOSE OF PRE-TRIAL
1. Whether or not to file a criminal charge
2. How to set the level of seriousness of the offense to be charged
3. When to stop prosecution

SEC 1 & 2, Rule 118 of Rules of Court

• It requires plea bargaining to be considered by the TC at the pre-trial conference.

THIRD PILLAR: COURT

COURT – A court is a judicial institution where disputes are adjudicated, laws are interpreted,
and justice is administered by judges and/or magistrates within a legal system and judicial
tribunal established to administer justice.

FUNCTIONS OF THE COURT

1. Keeping Peace
2. Deciding Controversies
3. Administrative Role

Three (3) Types of Lawyer for Defendant

1. Lawyer hired
2. Public defendant for indigent
3. Court-assigned counsel (counsel de officio)
What are the functions of the court in the process of CJS?
1. To protect the Rights of the Accused
- The courts are responsible for viewing the action of the law enforcement agencies to ensure that
the police have not violated the rights of the accused.
2. To determine by all legal means whether a person is guilty of a crime.
- Review all the evidence presented by the police to determine its relevance and admissibility in
accordance with the constitution and the rules of the Court
3. To dispose properly of those convicted of the crimes
- The courts have the responsibility to examine the background of the accused and the
circumstances of the crime.
4. To protect the society
After the accused has been found guilty, the court may determine if the offender should be
removed from the society and incarcerated in order to protect the safety of life and property and
this is especially true in case of probation.
5. To prevent and reduce criminal behavior
- This is the task properly imposing the proper penalty and sanctions that will serve to
deter the future criminal acts by the offender and also serve as an example and deterrent
to others who would commit criminal acts or threaten public safety.
The importance of the courts in the administration of CJS.
The court is important in the administration of the CJS because the court is the final arbiter of all
disputes or issues involving violations of criminal law or other laws as the nature of the case may
be.
Judicial Power
• The judicial power shall be vested in one Supreme Court and in such other courts as may
be established by law. (Art VIII, Sec 1 of 1987 Constitution)
• Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether
or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
DIFFERENT COURTS IN THE PHILIPPINES
1. SUPREME COURT – it is the highest court in the Philippines. It is constitutional court
created by a direct provision of the Constitution.
Royal Audencia – established on May 5, 1583
One (1) Chief Justice and 14 Associate Justices

- Supreme Court: The Highest Court – It is the final arbiter of any and all judicial
issues. It composed of one Chief Justice and fourteen associate justices, all of whom are
presented by the Judicial and Bar Council.
• June 11, 1901 marks the birth of the Supreme Court. It was preceded by the Royal
Audiencia, a collegial body established on May 5, 1583.
2. Court of Appeals – it is the second-highest judicial court after the Supreme Court. It
reviews decisions and orders of the lower courts.

- The Court of Appeals – was established under Batas Pambansa Bilang 129 known as
“The Judiciary Reorganization Act of 1980” It composed of one presiding judge and 68
Associate Justices.

3. Regional Trial Court (RTC) – it is the court of first instance. The Regional Trial Courts
were established among the regions in the Philippines.
 R.A 8369 – otherwise known as the “Family Courts Act of 1997” was enacted
establishing the Family Court, granting this court exclusive original jurisdiction over
child and family cases.

- All criminal cases where the penalty is higher than six years imprisonment (except those
cases falling within the Sandiganbayan) are within the jurisdiction of the RTC.

4. Inferior Courts (MetroTC, MTC and MCTC)

- Municipal Trial Courts – it covers one municipality; otherwise it is called Municipal

circuit trial courts if it covers two or more municipalities.
- Metropolitan Trial Courts and Municipal Trial Courts in Cities – municipal trial courts in
the towns and cities in the Metropolitan Manila area are referred to as Metropolitan Trial
Courts. In cities outside Metropolitan Manila, the equivalent of the Municipal Trial
Courts are referred to as Municipal Trial Courts in Cities.

MUNICIPAL TRIAL COURT under RA 7691, has exclusive original jurisdiction

over offenses punishable with imprisonment not exceeding six years regardless or
irrespective of the fine and other accessory penalties and civil liability

In cases where the only penalty provided by law is a fine, the MTC has exclusive
original jurisdiction over offenses punishable with a fine not exceeding 4,000 pesos.

The MTC also has exclusive original jurisdiction over all violations of city or
municipal ordinances committed within its respective territorial jurisdiction. The
MTC has also a special jurisdiction to hear and decide petitions for writ of habeas
corpus or applications for bail in the Province or City where the RTC judges are
absent.

SPECIAL COURTS
1. THE SHARI’A COURTS – equivalent to the Regional Trial Courts in rank are the
Shari’a District courts which were established in certain specified provinces in Mindanao
where the code of Muslim Personal Laws of the Philippines is being enforced.

Shari’a District Court is of limited jurisdiction. It was created under Presidential

Decree No 1083. Cases falling within the exclusive jurisdiction of the Shari’a District
Courts primarily pertain to family rights and duties as well as contractual relations of
Filipino Muslims in the Mindanao.

It has appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within
their territorial jurisdictions.

The decision of the SDC, whether on appeal from the SCC or not, is final.

The Shari’a Circuit Court – equivalent to the Municipal Circuit Trial Courts which
were established in certain municipalities in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced. It has original jurisdiction over;

All cases involving offenses defined and punished under PD 1083;

All civil actions and proceeding between parties who are Muslims or have been
married in accordance with Article 13 of PD 1083
 All cases involving disputes relative to communal properties.

2. COURT OF TAX APPEALS (CTA) – it has the same level with the Court of Appeals –
can try criminal cases esp. in violation of tax laws.

The Court of Tax Appeals – it was created under RA 1125. It is a special court with
limited jurisdiction. It has same level with Court of Appeals. RA 9282 expanded the
jurisdiction of the CTA, elevating its rank to the level of a collegiate court with special
jurisdiction and enlarging its membership.

3. SANDIGANBAYAN – It is special court that has jurisdiction over criminal and civil
cases involving graft and corrupt practices of public officers.

The Sandiganbayan – It is a special court which was established under the PD No 1606.
Its rank is equivalent to the Court of Appeals.

CRIMINAL JURISDICTION DEFINED,

- The authority to hear and try a particular offense and impose the punishment for it.
Criminal jurisdiction is essential because without this the court cannot hear, try and
decide on a particular case.

Requisites for Valid Exercise of Criminal Jurisdiction

1. Jurisdiction over the subject matter – the offense by virtue of the imposable penalty or
its nature, is one which the court is by law authorized to take cognizance of.
2. Jurisdiction over the territory – the offense must have been committed or any of its
essential ingredients must have taken place within the territorial jurisdiction of the
court. It cannot be waived and where the place of the commission was not specially
charged, the place may be shown by evidence.
3. Jurisdiction over the person of the accused – the person charged with the offense must
have been brought for trial, forcibly by warrant of arrest or upon his voluntary
submission to the court.
• JURISDICTION is the power and authority of the court to hear, try, and decide a case.
• VENUE refers to a place or the geographical area, where the action is to be filed and
tried.
• TRIAL – refers to the presentation of the prosecution and the defendant of their
respective case and arguments before the court.
The following are the defenses the accused might put up:
1. The defense of alibi – is simply a CLAIM by the defendant that he or she WAS IN
ANOTHER PLACE when the crime occurred and therefore could not have committed it.
This is supported by witnesses and documentary evidence.
2. The defense of insanity – is a claim that the defendant should be exonerated from
criminal responsibility because he or she was/is suffering from a mental condition or
mental incapacitation.
3. The defense of instigation – if the defendant can establish that he or she would not have
committed the crime were it not for the encouragement or compulsion of law
enforcement agents, he /she is not criminally liable.

4. The defense of duress – this is based on the claim that the act was the result, not of any
intent on the part of the accused, but of threats of loss of life, limb, or a loved one. Duress
as a valid defense should be based on real, imminent, or reasonable fear for one’s life or
limb and should not be speculative, fanciful or remote fear.
 5. The defense of consent – that the victim consented to the act for which the accused
stands charge. This defense is common in rape and acts of lasciviousness.

6. The defense of violation of the provisions of the BILL of RIGHTS. This defense is
invoked if the state or its agents violated the right of the defendant in obtaining evidence
to prove the latter’s guilt. Such evidence is inadmissible in a criminal proceeding.

SUBPOENA
• It is an order to appear and testify at the hearing or trial of an action, or at any
investigation conducted by competent authority.
• Subpoena ad testificandum - the person who will appear to attend and testify or the
subpoenaed
• Subpoena duces tecum – a person is required to bring with him books, documents or
other things
SUMMON
• It is a writ of the court by which the defendant is notified of the action brought against
him.
• It is an order to answer a complaint
BAIL AND RECOGNIZANCE
• BAIL is the security given for the release of a person in custody of law, furnished by him
or a bondsman, conditioned upon his appearance.
FORMS OF BAILS
- Corporate surety
- Property bonds
- Cash deposit
- Recognizance

 RECOGNIZANCE it refers to an obligation of record, entered into before some court or

officer with a condition to do some particular acts.
• PREVENTIVE DETENTION is an imprisonment that allows judges to hold the accused
inside the jail who could not afford bail.
• JUDGMENT is the adjudication by the court that the accused is guilty of the offense
charged and the imposition of the proper penalty and civil liability provided for by the law on
the accused.
• APPEAL is a remedy available to an accused to obtain reversal or modification of judgment
for lack of jurisdiction over the subject matter or grave abuse of discretion in the findings of
facts or of law set out in the decision.

WHAT WAS COURT SYSTEM BEFORE ENACTMENT OF BP 129?

• Indiscriminate filing of cases are very common during those time that clogs court dockets
and makes court inefficient.
• During this time the then President Marcos introduces P.D.1508 or the Katarungang
Pambarangay Law

KATARUNGANG PAMBARANGAY
 Katarungang pambarangay is a system of dispute resolution instituted in all barangays in
the Philippines that seeks to promote, among others, the speedy administration of justice,
 by providing all avenues to an amicable settlement, thereby considerably reducing the
dockets in our courts of justice.

OBJECTIVES OF KATARUNGANG PAMBARANGAY

1. To speed up the administration of justice
2. To implement the Constitutional mandate and develop Filipino culture
3. To perpetuate the time-honored tradition of settling disputes amicably for the
maintenance of peace and harmony
4. To decongest dockets of minor criminal and civil cases.

The Three Components of the Katarungang Pambarangay

a. The Lupong Tagapamayapa
b. The Pangkat ng Tagapagsundo
c. The Legal advisers

LUPON AND ITS COMPOSITION

The lupon is created in each barangay and is composed of:
a. The Punong Barangay as chairman, and
b. Ten (10) to twenty (20)members appointed by the Punong Barangay

QUALIFICATIONS OF LUPON MEMBER

 Any person who is actually residing or working, in the barangay
 Not otherwise expressly disqualified by law; and
 Possessing integrity, impartiality independence of mind, sense of fairness, and reputation
for probity

DISQUALIFICATIONS: The following persons are disqualified to become members of the

lupon;
 Persons convicted of crime with an accessory penalty disqualification for holding public
office
 Minors
 Members of the armed forces who are still in active service
 Government employees; and
 Elected government official

What are the common types of case brought before the Lupon?

Based on the 10 year report of the DILG on Katarungan Pambarangay Law, the types of
cases brought before the lupon are as follow;

A. Criminal cases; Physical injuries; Slander; Threats; Robbery; Theft; Drug Abuse;
Damage to property; Estafa; Trespassing; Coercion and Unjust vexation.
B. Civil cases; Ejectment; Family or marital problems; Collections of debts or Rentals;
Breach of contract; Damages; Demand for specific performance of obligation arising
from contracts.

What is RA 7160 in the Philippines?

 RA 7160, also known as the Local Government Code of the Philippines, is a landmark
legislation enacted in 1991. It provides a framework for the devolution of powers,
functions, and resources from the national government to local government units (LGUs).

 The Republic Act No. 7160, also known as the Local Government Code of the
Philippines, plays an integral role in shaping the country’s local governance landscape.
Established on October 10, 1991, this comprehensive code is a legislative milestone
aimed at promoting local autonomy and empowering local government units (LGUs).

 The Republic Act No. 7160, more commonly known as the Local Government Code of
1991, is a groundbreaking legislation in the Philippines. Its primary goal is to empower
local government units (LGUs), fostering local autonomy and good governance. To fully
 understand this Act, it is crucial to delve into its key provisions and the structural
organization it espouses.

The Role of RA 7160 in Local Government Units (LGUs)

 RA 7160, also known as the Local Government Code of the Philippines, profoundly
affects how LGUs operate. It outlines the responsibilities and authorities of LGUs and
influences their relationship with the national government.

The Local Government Code offers a broad spectrum of provisions catering to different aspects
of local governance. Here are the key ones:
 Decentralization: The code bolsters the decentralization of governance, delegating
significant authority to LGUs to promote local initiatives and resources.
 Revenue Generation: It allows LGUs to generate their own revenue and levy taxes,
enabling them to fund local projects without being entirely dependent on internal revenue
allotment from the national government.
 Local Legislation: The Act enables local legislative bodies to enact ordinances and
resolutions to maintain peace and order, and to promote the general welfare of their
constituents.
 Participatory Governance: The Code encourages people’s participation in local
governance, such as in local development councils, non-governmental organizations, and
people’s organizations.

Structure and Organization

The structure and organization under RA 7160 follow a specific hierarchical order which
includes:
 Provincial Government: The highest local government unit, responsible for governing
the entire province.
 City Government: Governs a city within a province and enjoys a higher level of
autonomy than a municipality.
 Municipal Government: An administrative unit, composed of several barangays, within
a province.
 Barangay Government: The smallest administrative division in the Philippines, akin to
a village, district or ward.

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Prepared by: Reviewed by: Approved by:

IPCJS INSTRUCTORS AIZA ROSALES, MSCrim ELVIRA P. LLANTOS, RCrim,
Ph.D.
Associate Dean, CCJE Dean, CCJE