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MODULE 5

SOCIOLOGY OF CRIMES AND ETHICS AND HUMAN RELATIONS

PHILIPPINE CRIMINAL JUSTICE SYSTEM

COMPILED BY:

PROF. JOHN MICHAEL D. DIONISIO


Registered Criminologist, Master of Science in Criminal Justice
6th Placer, October 2014 Criminologist Licensure Examination
OLFU BS Crim. Cl 2014 Cum Laude, Civil Service Eligible (PD 907)
National Criminology Review Lecturer

CRIMINAL JUSTICE SYSTEM

ü Criminal Justice System is the machinery used by the society to prevent and control crime. It is a tool of a
Democratic Government to protect the society against criminality and other peace and order problem.
ü In theory, Criminal Justice System is an integrated apparatus that is concerned with apprehension, prosecution, trial,
conviction, sentencing and rehabilitating or correcting criminal offenders. The process is the totality of the activities of
law enforcers, prosecutors, defense lawyers, judges and correctional institutions, as well as those of mobilized
community in crime prevention and control.
ü Basically, the Criminal Justice System in the American context is initially made up of three key components – the
police, the court and the corrections.
ü Criminal Justice System in the Philippines was expanded to achieve its objectives – prevention and control of
crimes.

CONCEPT OF CJS IN THE UNITED STATES

CJS in the American context is initially made up of three (3) keys components – the police, the courts, the corrections.

CONCEPT OF CJS IN THE PHILIPPINES

The Philippine Criminal Justice System is made up of the various government agencies known as the pillars or
components, which are responsible for the enforcement of the law and the administration of justice. These are the Police, the
Prosecution, the Court, the Corrections and the mobilized Community. They comprised the Five (5) Pillars of the Criminal
Justice System.

These five (5) elements are known as the FIVE PILLAR OF THE C.J.S. On them obviously depends the effective and
efficient operation of the criminal Justice System.

Generally speaking, the following are the functions of the five components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the people
4. To detect, investigate, apprehend, prosecute, and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the community as law-abiding citizens

CJS MODELS (ACCORDING TO HERBERT PACKER)

1. Crime Control Model - is based on the idea that the most important function of the CJS is protection of the public
and the repression of criminal conduct – the rights of the individuals are just secondary; and

2. Due Process Model – to the proponents of this, the rights of an individual must be co-equal with the concern for
public safety.

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM


ü Crime. It is an act or omission punishable by law.
ü Act. Any bodily movement tending to produce some effect.
ü Omission. It refers to the failure to perform a specified act.
ü Criminal Law. is that branch of public substantive law which defines crimes, treats of their nature, and provides for
their punishment.

Types of Crime

ü Felony. Any act punishable by the Revised Penal Code of the Philippines.
ü Offense. Any act punishable by Special Penal Laws.
ü Infraction of Law – any act in violation of city or municipal or local government’s ordinances.
ü Misdemeanor or Delinquency. Any act which is in violation of simple rules and regulations.

Sources of Criminal Law:

ü Revised Penal Code (Act No. 3815) and its amendments


ü Republic Acts, Presidential Decrees and Executive Orders
ü Other Special Penal laws passed by the Phil. Commission, Philippine Assembly, Philippine Legislature, National
Assembly, the Congress of the Philippines and the Batasang Pambansa

Presidential Decress and Republic Acts are the two (2) well-known names of special criminal laws in the Philippines.
1. Presidential Decrees - are special laws which were passed during the Martial Law ere wherein the Philippine was
placed under a parliamentary system of government.
2. Republic Acts - are special laws which were passed after the 1987 constitution enacted where the system of our
government is now democratic and republican.

TWO CLASSIFICATIONS OF CRIMINAL LAW

1. SUBSTANTIVE
- defines the elements that are necessary for an act to constitute as a crime and therefore punishable.
2. PROCEDURAL
- refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal
Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

1. PRESUMPTION OF INNOCENCE
- This means that those who are accused of crimes are considered innocent until proven guilty. The accused is
entitled to all the rights of the citizens until the accused’s guilt has been determined by the court of law or by the
accused’s acknowledgment of his guilt that he or she indeed committed the crime. No less than the Constitution
of the Philippines provides that an accused shall be presumed innocent until proven guilty.
2. BURDEN OF PROOF
- In criminal cases means that the government must prove beyond “reasonable doubt” that the suspect
committed the crime. In order to make sure that only those who are guilty of the crime as punished, our Rules
on Evidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof
beyond reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an
acquittal.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE CRIMINAL
JUSTICE SYSTEM:

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


4. At the Prosecutors office, during the determination of probable cause or during the Preliminary Investigation, he is
referred to as the RESPONDENT.
5. At the trial of the case, when a case has been filed in Court, he is referred to as the ACCUSED.
6. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgment
has been rendered, he is referred to as the CONVICT.
7. It is only upon undergoing all the process when the person has served the sentence when he can really be
considered as a CRIMINAL.

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

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING

1. LAW ENFORCEMENT
- also called the POLICE pillar. It occupies the frontline of the CJS because they are regarded as the initiator of
the system. They are also the first contact of the law violator in the CJS process. It investigates, makes arrests
and prepares evidence against the suspects needed to prosecute them.

2. PROSECUTION
- takes care of evaluating the evidence and formally charges the suspects before the court. It serves as
screening process on whether to file a case base on evidence or dismiss the same and determines what
particular crime shall be formally filed and presents the burden of proof against the suspect.
3. COURT
- conducts arraignment and trial. It issues warrant of arrest if the accused is at large and acquits the
innocent and adjudicate penalty for the accused if found guilty.
4. CORRECTION
- responsible for the incarceration and rehabilitation of the convicted person to prepare for eventual
reintegration in the community.
5. COMMUNITY
- helps the penitent offender to become law-abiding citizen by accepting the ex-convict’s re-entry and assists
said penitent offender lead a new life as a responsible member of the society
- Not under or independent among the branches of the government.

FIRST PILLAR: LAW ENFORCEMENT

- The law enforcement pillar is the branch of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
- The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime mover” of the Criminal Justice
System. This pillar is also commonly referred to as the police pillar.
- 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.

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 - An Act establishing the Philippine National Police under a reorganized Department of the interior and
Local Government and for other purposes, otherwise known as DILG Act of 1990, was approved on December 13,
1990 and made effective on January 1, 1991.

2. RA 8551 – An Act providing for the Reform and Reorganization of the PNP, otherwise known as PNP Reform Act of
1998, was passed into law 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 passed on August 12, 2009

PHILIPPINE NATIONAL POLICE

1. A law enforcement agency under the DILG.


2. Under administrative control and operational supervision of the National Police Commission.

CONSTITUTIONAL BASIS

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…”

POLICE DISCRETION
It is an authority conferred by law to act in a certain condition or situation in accordance with an officer or an official
agency’s own considered judgment or conscience. It is simply the wise use of one’s judgment in a police situation requiring
immediate and decisive action.

Some Discretion of the Police


1. To strictly enforce the laws and ordinances
2. To be lenient in the enforcement of laws and ordinances.
3. To apply for search warrants
4. To arrest the suspect’s or just merely warn him
5. To gather additional evidence or immediately file in case against the suspect
6. To follow-up cases

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

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.

CRIME PREVENTION - the elimination of the opportunity for the commission of a crime.

POLICE PATROL
Patrol has been described as the backbone of the police department. Theoretically, patrol officers are the most
valuable people in the organization.

CRIME DETECTION
Crime detection is the discovery of the police that a crime had been committed.

There are traditional ways that occurrence of crime is made known to the police:
1. when the victim personally reports the crime to the police;
2. when a witness personally reports the crime to the police; and
3. when the police catches an offender while in the commission of a crime.

CRIMINAL APPREHENSION - the legal term for criminal apprehension is arrest.


ARREST (Rule 113, Sec. 1)

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

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:

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

2. 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

3. 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. (Rule 113, Sec. 5)

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


1. Subject of the offense;
2. Stolen or embezzled and other proceeds, fruits of the offense; or
3. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:


1. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court (in flagrante delicto arrest)
2. Seizure of evidence in plain view/plain view doctrine
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and frisk search, and
7. 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.

NATIONAL BUREAU OF INVESTIGATION (NBI)

ü The National Bureau of Investigation had its inception on 13 November 1936 upon the approval of Commonwealth
Act No. 181 by legislation. It was the brainchild of the late President Manuel L Quezon and was first organized as
a Division of Investigation (DI) patterned after the United States Federal Bureau of Investigation.
ü The Bureau assumes an increasingly significant role as a law enforcement agency, thus on 19 June 1947 and by
virtue of Republic Act No. 157 it was reorganized into the Bureau of Investigation.
ü The law was later amended by Executive Order No. 94 issued on 4 October 1947 renaming it into what it is
presently known as the National Bureau of Investigation.
ü The NBI is a government entity that is civilian in character, and national in scope which is under the Department of
Justice.
ü The National Bureau of Investigation is presently under the Department of Justice performing the principal functions
of detecting, investigating, and prosecuting crimes towards the end of preventing criminality. Among the activities
the NBI conducts are:
1. to detect and investigate crimes;
2. to investigate civil or administrative cases of interest to the government upon request;
3. to act as the national clearing house of criminal records and other information;

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

ü created by the virtue of Republic Act 9165.


ü serves as the implementing arm of the Dangerous Drug Board (DDB).
ü Responsible for the efficient and effective law enforcement of all the provisions on any dangerous drug and/or
controlled precursor and essential chemical as provided in RA 9165.
ü headed by Director General with the rank of Undersecretary, appointed by the President.
ü The head of the PDEA is assisted by 2 deputies Director General, with the rank of Assistant Secretary, 1 for
Operations and 1 for Administration, also appointed by the President.

OTHER LAW ENFORCEMENT AGENCIES

ü Bureau of Fire Protection;


ü Bureau of Jail Management and Penology;
ü Bureau of Customs;
ü Bureau of Internal Revenue;
ü Bureau of Food and Drugs; and
ü Optical Media Board.

SECOND PILLAR: PROSECUTION

ü 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.
ü 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;

Prosecution - party in a criminal proceeding who instituted the criminal action.


Defense - party against whom the criminal action was instituted.

In all criminal prosecutions, the real offended party is the People of the Philippines, for a crime is an outrage against,
and its vindication is in favor of, the people in a sovereign state. Thus, all criminal cases are titled “People of the Philippines
vs. _____(the name of the accused).
WHO IS A PROSECUTOR?

A Prosecutor is a public officer having an authority to conduct legal actions concerning the complaint filed at his
office and perform other prosecution functions as provided by law.

The PROSECUTION PILLAR takes care of evaluating the evidences and formally charges the suspects before the
court. It serves as the screening process on whether to file a case based on evidences or dismiss the same.

It determines what particular crime shall be formally filed and present the burden of proof against the suspected
individual in the court.

Basic Law affecting Prosecution

PD 1275 issued on 11 April 1978 Reorganizing the Prosecution Staff of the Department of Justice and the Offices of the
Provincial and City Fiscals, Regionalizing the Prosecution Service, and Creating the National Prosecution Service

PROSECUTION AGENCIES

1. Government agencies
ü National Prosecution Service
ü Office of the Solicitor General (State Prosecutor)
ü Office of the Ombudsman
ü Office of the Regional State Prosecutor
ü Office of the Provincial, City, and Municipal Prosecutors
ü Public Attorney’s Office

2. Non-Government prosecuting agencies


- IBP
- CLAO
- FLAG
- MABINI
- Other legal-aid lawyer associations

FUNCTIONS OF THE PROSECUTION AGENCIES

The prosecution service has the following general functions:

1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual persons ;
2. File corresponding criminal complaints or information in the proper courts on the basis of their evaluation on the
proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of the people of the Philippines.

PRELIMINARY INVESTIGATION

ü 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.

Note: The need for Preliminary Investigation depends upon the imposable penalty for the crime charged in the complaint or
information filed.

The purpose of conducting preliminary investigation is to establish probable cause.


Probable cause

As a ground for an arrest or issuance of a warrant of arrest

Probable Cause – such facts and circumstances that would lead a reasonably discreet and prudent man to believe that the
person sought to be arrested has committed an offense.

Prosecutorial Discretion
- is the prudent use of judgment being exercised by the investigating fiscal or prosecutor in determining the existence
of probable cause during preliminary investigation.

Purposes of Preliminary Investigation


1. To protect the innocent against, hasty, oppressive and malicious prosecution
2. To secure the innocent from open and public accusation of trial, from trouble expense and anxiety of a public trial.
3. To protect the state from useless and expensive trials.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

1. Provincial or City Prosecutors and their assistants;


2. Judges of the municipal trial courts and municipal circuit trial courts
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.
5. Tanodbayan’s special prosecutors as authorized by the Ombudsman
6. COMELEC’s authorized legal officers in connection with election offenses
7. special prosecutors appointed by the Secretary of Justice

PROCEDURE FOR PRELIMINARY INVESTIGATION


See Section 3, Rule 112, Rules of Court

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.

An affidavit is a statement of facts under oath.

The Summon shall be directed to the defendants, signed by the clerk of court under seal and contain (a) the name of the
court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by these
Rules; (c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be granted the relief
applied for. (Sec. 2, Rule 14, Rules of Court)

A subpoena is a process directed to a person requiring him to attend and to testify at the hearing or the trial of an
action, or at any investigation conducted under the law, or for the taking of his deposition (Section 1, Rule 23, Rules of
Courts).
1. Subpoena duces tecum
2. Subpoena ad testificandum

INQUEST PROCEEDING

ü Inquest proceeding is an inquiry made by the duty prosecutor to determine the legality of the arrest made especially
those arrests made without a warrant.
ü 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:

1. light penalties = 12 hours


2. correctional penalties = 18 hours
3. afflictive penalties = 36 hours

BAIL

Bail is defined as the security given for the release of the person in the custody of the law, furnished by him or the
bondsman, to guarantee his appearance before any court as required under the conditions as specified.
The purpose of bail is to secure the appearance of the accused before the court when so required and to provide the
accused of his temporary liberty while awaiting the processing and disposition of the case filed against him

KINDS OF BAIL:
Property bond;
Corporate Surety;
Cash Deposit;
Recognizance

THIRD PILLAR: 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.

The Courts occupy the third pillar of the CJS. It is the most sensitive phase of the criminal justice system where fair
and open trial is conducted. It is the forum where the prosecution is given the opportunity to prove that there is a strong
evidence of guilt against the accused.
It is the last citadel of hope for fair administration of justice.

The Judge is a public officer so named in his commission (written evidence of appointment) and appointed to preside
over and to administer the law in a court of justice.

Powers & Functions of the Courts under the Constitution (Art. VIII, Sec. 1)
1. The judicial power is vested in one Supreme Court and in such lower courts as may be established by law.
Judicial power includes the duty of the courts to:
2. Settle actual controversies involving rights, which are legally demandable and enforceable;
3. 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.

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. It is vested in one Supreme Court and in such lower courts as may be established by law.

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.

NOTE: All courts have judicial power but only the Supreme Court has the power of judicial review.

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.
7. Criminal – that which exists for the punishment of crime
8. Civil – that which exists when the subject matter is not of a criminal offense

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.

I. REGULAR COURTS

1. SUPREME COURT (SC)


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

2. COURT OF APPEALS (CA)

ü headed by a Presiding Justice and composed of sixty-eight (68) Associate Justices.


ü has appellate jurisdiction over cases decided by the Regional Trial Courts.
ü It reviews not only the decisions and orders of the Regional Trial Courts nationwide, but also those of the Court of
Tax Appeals

3. REGIONAL TRIAL COURTS (RTC)


ü presided by a Regional Judge.
ü has general jurisdiction over criminal cases and has jurisdiction over offenses punishable with imprisonment of six
(6) years and one (1) day and over.
ü has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and MCTC.

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial Court/Metropolitan Trial Court
Original Jurisdiction:
ü all violations of city and municipal ordinances
ü all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine
ü damage to property through criminal negligence.

II. SPECIAL COURTS

1. SANDIGANBAYAN
ü created under Presidential Decree No 1606.
ü Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
ü It is composed of a Presiding Justice and fourteen (14) Associate Justices.
ü 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.
ü 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.

2. COURT OF TAX APPEALS (CTA)


ü created by Republic Act No 1125, as amended by Republic Act No 9282.
ü Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.
ü It is composed of a Presiding Justice and five (5) Associate Justices.
ü 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.

3. SHARI’A COURTS
ü created pursuant to Presidential Decree 1083, otherwise known as the Code of Muslim Personal Laws of the
Philippines.
ü 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.

III. Administrative Agencies

Administrative Agencies includes:


ü Board of Transportation
ü National Labor Relations Commission ü Commission on Audit
ü Commission on elections ü Energy Regulatory Board
ü Bureau of Internal Revenue ü Civil Service Commission
ü Bureau of Customs

Quasi-Judicial Power

The power of the administrative agency to determine questions of fact to which the legislative policy is to apply, in
accordance with the standards laid down by the law itself.

JUDICIAL AND BAR COUNCIL (JBC)

The Judicial and Bar Council, or JBC, is a body created by the 1987 Philippine Constitution under the supervision of the
Supreme Court. It has the principal function of recommending appointees to the Judiciary. All justices and judges are
appointed by the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council.

Members of the Judicial and Bar Council under the Constitution (Art. VIII Sec. 8[1]):

1. Chief Justice (ex officio Chairman)


2. Secretary of Justice
3. A Representative of the Congress
4. Representative of the IBP
5. A professor of Law
6. A retired member of the Supreme Court
7. A representative of the Private Sector

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:

1. ARRAIGNMENT

ü the reading of the criminal complaint or information to the defendant, by the judge or clerk of court, and the delivering
to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not guilty as charged

ü Plea is the response of the accused when asked whether he is guilty or not guilty of the offense charged. It is of two
kinds: guilty plea, which must be unconditional; and not guilty.

2. PRE-TRIAL
ü a conference called by the judge that requires the presence of both the prosecution and the accused before the
beginning of a trial
ü mandatory in all criminal cases

The following are to be taken up during the conference:


ü plea bargaining;
ü stipulation of facts;
ü marking for identification of evidence of the parties;
ü waiver of objections to admissibility of evidence;
ü modification of the order of trial if the accused admits the charge but interposes a lawful defense;
ü 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

3. 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.

Order of Trial:

I. The Prosecution shall present evidence to prove the charge


II. The Accused may present evidence to prove his defense
III. The prosecution and defense may present rebuttal and sur-rebuttal evidence, unless the Court, permits them to
present additional evidence
IV. Upon admission of evidence, the case is deemed submitted for decision unless the Court directs them to argue orally
or to submit written memoranda

4. JUDGMENT

ü the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the
proper penalty and civil liability
ü defined as the decision or sentence of the given by a court as the result of proceedings instituted therein

A judgment becomes final: PS-WP

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.
5. APPEAL

ü 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.
ü an appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting an appeal.

Extinction of Criminal Liability (Art. 89, RPC) DSA-PPP-M

Total:
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman (in good faith)

Prescription of crime - is the forfeiture or loss of the right of the State to prosecute the offender after the lapse of a certain
time fixed by law

Prescription of penalty - is the loss or forfeiture of the right of the government to execute the final sentence after the lapse
of a certain time fixed by law.

Partial:

1. Conditional pardon
2. Commutation of sentence
3. Good conduct time allowance during confinement
4. Parole
5. probation

FOURTH PILLAR: CORRECTIONS

Corrections is the fourth component of the criminal justice system. 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.

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 victim’s 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
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

ü the suffering that is inflicted by the State for the transgression of the law
ü refers to punishment imposed by a lawful authority upon a person who commits a deliberate or negligent act.
Penalty can take the form of imprisonment, payment of fines and damages, among others.

JUSTIFICATION FOR PENALTIES

1. PREVENTION
2. SELF-DEFENSE
3. REFORMATION
4. EXEMPLARITY
5. JUSTICE

JURIDICAL CONDITIONS OF PENALTY

1. LEGAL - penalty must be imposed by the proper authority and by virtue of a judgment as prescribed by law.
2. DEFINITE - penalty must be specific and exact.
3. CERTAIN – no one must escape its effect
4. HUMANE – do not affecting human dignity
5. COMMENSURATE - penalty must be proportional to the gravity or seriousness of the crime committed.
6. PERSONAL - penalty must be imposed only to the person who actually committed the crime with no substitutes.
7. EQUAL - penalty must be applied to all who committed the offense.

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.

TWO DIVISIONS OF CORRECTIONS

1) Institutional Corrections
2) Non-Institutional Corrections

INSTITUTIONAL CORRECTIONS

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)


ü an attached agency of the Department of Justice
ü principal task is for the rehabilitation of prisoners
ü maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
ü exercises over all control and supervision of all the corrections/prisons facilities nationwide
ü has custody of prisoners sentenced to imprisonment of more than three (3) years

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

I. SAN RAMON PRISON AND PENAL FARM


ü was established in Southern Zamboanga on 21 August 1869.
ü was established during the tenure of Governor General Ramon Blanco, whose patrol saint the prison was named
after.
ü was established originally for persons convicted of political crimes
ü Considered the oldest penal facility in the Philippines.
ü 1,546 hectares
ü copra, rice, corn , coffee, cattle and livestock

II. IWAHIG PENAL COLONY


ü established on 16 November 1904 in Puerto Princesa City, Palawan.
ü originally served as a depository for prisoners who could not be accommodated at the Old Bilibid Prison in Manila
ü classified as a penal institution in 1907 by virtue of Act No 1723.
ü four subcolonies; Sta Lucia, Inagawan, Montible and Central ; - privilege – families to live with the colonists

III. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)


ü created by virtue of Act No 3579 enacted on November 1931.
ü located at Welfareville, Mandaluyong City
ü established to accommodate female prisoners
ü the female prisoners from the Old BIlibid Prison were transferred to CIW on 14 February 1931.

IV. DAVAO PENAL COLONY


ü the first penal settlement founded and organized under Filipino Administration
ü established in 21 January 1932 by virtue of Act No 3732
ü located in the districts of Panabo and Tagum in Davao del Norte.

V. NEW BILIBID PRISON

ü originally was located in Manila before it was transferred to Muntinlupa City in 1935
ü officially named the New Bilibid Prison on 22 January 1941
ü has three security facilities/camps:
o maximum security
o medium security
o minimum security

VI. SABLAYAN PRISON AND PENAL FARM

ü established on 27 September 1954 by virtue of Presidential Proclamation No 72


ü located in Occidental Mindoro
ü the facility where prisoners from the New Bilibid Prison are brought for decongestion purposes

VII. LEYTE REGIONAL PRISON

ü was established in 16 January 1973 by virtue of Presidential Decree No 28


ü situated in Abuyog, Southern Leyte
ü admits convicted offenders from Region 6 and from the national penitentiary in Muntinlupa

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.

DIFFERENCE BETWEEN:

ü DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or undergoing trial and
awaiting judgment

ü SENTENCED PRISONERS - those convicted by final judgment and are serving their sentence

CLASSIFICATION OF PRISONERS
1. Detention Prisoners
ü Persons held for security reasons
ü Persons held for investigation
ü Persons waiting for final judgment
ü Persons waiting for trial

2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.

a. Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6 months.
b. City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
c. Provincial Jail – sentenced to 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

ü derived from the Spanish word, “presidio”


ü under the supervision of the national government through the Bureau of Corrections under the Department of Justice
ü has custody over convicted offenders whose sentence is imprisonment of three years and one day and above

JAIL
ü derived from the Spanish words, “jaula” and “caula”
ü 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
ü has custody over convicted offenders whose sentence is imprisonment of three years or less
ü has custody over offenders who are in detention while undergoing investigation, undergoing trial and awaiting
judgment

TYPES OF JAILS:

a. Lock-up - a security facility, common in police stations or precincts in urban areas (cities) for temporarily detaining
those persons being held for investigation or waiting hearing of their criminal cases.

b. Ordinary Jail - the type of jail commonly found in every municipality or city; houses offenders awaiting court trial and
those convicted offenders who are serving their sentence of imprisonment that does not exceed 3 years; place
where juvenile offenders and the mentally insane people are usually detained while their transfer to other institutions
are pending.

c. Work House, Jail Farm Or Camp - a facility that houses minimum custody offenders who are serving short
sentences; inmates undergo constructive work programs; provides full employment of prisoners, remedial services
and constructive leisure time activities.
FORMS OF PUNISHMENT
a. Death penalty – capital punishment
b. Imprisonment – Destierro
c. Fine or compensation
d. Civic duties

DURATION OF PENALTIES

a. RECLUSION PERPETUA
b. RECLUSION TEMPORAL
c. PRISION MAYOR
d. PRISION CORRECTIONAL
e. ARRESTO MAYOR
f. ARRESTO MENOR
g. BOND TO KEEP THE PEACE or FINE

THE DEATH PENALTY


CAPITAL OFFENSE or HEINOUS CRIME is an act, which under the existing law at the time of its commission, may
be punished by death (although a lower penalty than death may be imposed after conviction). Death penalty was re-imposed
as a form of punishment for heinous crime by virtue of RA # 7959, otherwise called the Death Penalty Law approved in
January 2, 1994. When RA # 8177 (The Lethal Injection Law) was enacted, the execution of death penalty was changed
from electrocution to lethal injection.

NOTE: RA 9346 – ANTI DEATH PENALTY LAW

NON-INSTITUTIONAL CORRECTIONS

1. BOARD OF PARDONS AND PAROLE


ü grants parole and recommend to the President the grant of any form of executive clemency to deserving prisoners or
individuals
ü reviews reports submitted by the Parole and Probation Administration and make necessary decisions
ü a functional unit under the Department of Justice.

2. PAROLE AND PROBATION ADMINISTRATION


ü originally called Probation Administration and was created by virtue of PD 968 of 1976 to administer the probation
system
ü was renamed Parole and Probation Administration by EO No 292
ü 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
ü an attached agency to the Department of Justice

EXECUTIVE CLEMENCY
- The collective term for absolute pardon, conditional pardon, reprieve and commutation of sentence.

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

1. ABSOLUTE PARDON - refers to the total extinction of the criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the individual his civil rights and remits the penalty imposed for the
offender

2. 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

REPRIEVE
ü The temporary stay of the execution of a sentence, usually a death sentence
ü Another prerogative exercised by the president
ü Generally, applied to death sentences already affirmed by the Supreme Court

COMMUTATION OF SENTENCE
ü an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term
ü refers to the reduction of the duration of a prison sentence
ü another prerogative of the President
AMNESTY
ü a special form of pardon exercised by the President
ü a general pardon extended to a certain class of people who are usually political offenders
ü needs the concurrence or approval of Congress
PAROLE

ü 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
ü provided by Act No 4103, the Indeterminate Sentence Law, which took effect on 5 December 1933.

PROBATION

ü 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
ü 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.
ü provided by Presidential Decree No 986, the Probation Law of 1976

FIFTH PILLAR: COMMUNITY

Community – represent the entire people cohesively organized and mobilized in synchronized energy with the government
to help in the decision making and participatory criminal justice administration involvement to effectively address the law and
order concern of the society and its people

The Community also consists of the existing social institutions such as the family, school, church, mass media, and NGOs.

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

- refers to justice administered in the Barangay level or the system of amicably settling disputes among families in
Barangay levels without judicial recourse.

PD 1293 – the law “Creating a Katarungang Pambarangay Commission to Study The Feasibility of Resolving Disputes at the
Barangay Level”
- promulgated on 27 January 1978

PD 1508 – the law “Establishing a System of Amicably Settling Disputes at the Barangay Level”

RA 7160 – otherwise known as the “Local Government Code of 1991”


ü provides for the REVISED KATARUNGANG PAMBARANGAY LAW
ü enacted on 10 October 1991

LUPONG TAGAPAMAYAPA

ü It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON.
ü The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary as
the Secretary of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty
(20).
ü Any resident of the barangay of reputable character may be appointed as member of the Lupon. Members of the
Lupon shall be appointed by the Barangay Chairman.
ü The Lupon shall be constituted every three years.
ü A Lupon member shall serve for a period of three years.
ü Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of disputes for the
speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO

ü It shall act as the conciliation panel. It is also referred to as the PANGKAT.


ü It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from
among the three of them the Pangkat Chairman and Pangkat Secretary.
ü The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
ü The members of the Pangkat shall be chosen by the parties of the dispute from among the Lupon members. In
case of disagreement, the Barangay Chairman shall draw lots.

Matters that fall under the jurisdiction of the Lupon:

ü those involving offenses that are punishable by the imprisonment of one year and below, or a fine in the amount of
five thousand pesos and below;
ü those involving parties that actually reside or work in the same barangay;
ü those involving marital and family disputes;
ü those involving minor disputes between neighbors;
ü those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

1. disputes between persons actually residing in the same barangay shall be brought for amicable settlement before
the Lupon of said barangay;
2. those involving actual residents of different barangays within the same city or municipality shall be brought in the
barangay where the respondent actually resides;
3. all disputes involving real property or any interest shall be brought in the barangay where the real property or the
larger portion is situated;
4. those arising at the workplace where the contending parties are employed or at the institution where such parties are
enrolled for study shall be brought in the barangay where such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon
may complain, orally or in writing, to the Lupon.

ü COMPLAINANT – the person who filed the complaint against the respondent
ü RESPONDENT – the person who is being complained of
ü CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for which the latter
suffers damage which affords a party to a right to judicial intervention

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong Barangay or Pangkat to
amicably settle their disputes.

Pertinent Laws:

RA 9346 - Abolition of the Death Penalty RA 9283 – Intellectual Property


RA 8353 – Anti Rape Law RA 9284 – Illegal Possession of FAs
RA 7659 – Death Penalty Law RA 6981 – Witness Protection Program
RA 9208 – Anti-Trafficking Act RA 7080 – Plunder Law
RA 9165 – Comprehensive Dangerous Drugs Act (RA RA 9160 – Anti Money Laundering (RA 9194)
6425) RA 9344 – Comprehensive Juvenile Justice System
RA 9262 – Anti-Violence Against Women and Children RA 9346 – Abolition of the Death Penalty
RA 7610 – Child Abuse Law RA 9285 - Alternative Dispute Resolution