PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL
- A person is a criminal the moment he committed a crime
(criminological sense)
- A person who committed a crime, charged as such and declared guilty by the court (legal sense)
- A person who committed a serious violation of norms of a certain community (sociological)
- A person who committed maladaptive behavior due to some mental or personality disorders (psychological)
JUSTICE – the process or duty of giving or rendering what is due to others.
SYSTEM – A whole which is composed of interconnected and interdependent parts to perform as one.
CRIMINAL JUSTICE – refers to the study of various agencies of the government which are concerned in
administration of justice and their functions and their relationship of these agencies to on another.

CRIMINAL JUSTICE SYSTEM - 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.
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.
Basically, the Criminal Justice System in the American context is initially made up of three key components –
the police, the court and the corrections.

Criminal Justice System in the Philippines was expanded to achieve its objectives – prevention and
control of crimes.

SIX STAGES IN THE CRIMINAL JUSTICE PROCESS

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections
6. Reintegration

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.

INPUT OF CJS – Laws OUTPUT OF CJS – Justice

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

CRIMINAL LAW - is that branch of public, which defines crimes, treats of their nature, and provides for their
punishment.

SOURCES OF CRIMINAL LAW

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

b. Republic Acts

c. Other Special Penal laws passed by the Phil.

Commission, Philippine Assembly, Philippne Legislature, NAtional Assembly, the Congress of the
Philippines and
the Batasang Pambansa

Presidential Decress and Republic Acts are the two (2) wellknown names of special criminal laws in the
Philippines.

PRESIDENTIAL DECREES - are special laws which were passed during the Martial Law ere wherein the
Philippine was placed under a parliamentary system of government.

REPUBLIC ACTS - 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 / REMEDIAL - 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:

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

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

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 based 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 lawabiding 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 thereoff passed on August 12, 2009
4. RA 11200 - An Act Providing for the Rank Classification in the Philippine National Police, Amending for the
Purpose Section 28 of Republic Act No. 6975, as Amended, Otherwise Known as the "Department of the
Interior and
Local Government Act of 1990"

PHILIPPINE NATIONAL POLICE

- a law enforcement agency under the DILG.

- 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

a) To strictly enforce the laws and ordinances

b) To be lenient in the enforcement of laws and ordinances.
c) To apply for search warrants
d) To arrest the suspect’s or just merely warn him
e) To gather additional evidence or immediately file in case against the suspect
f) To follow-up cases
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.

II. CRIME PREVENTION - 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.

IV. 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.
V. 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:

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

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. (Rule 113, Sec. 5)

VI. 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 (in flagrante
delicto arrest)
b. Seizure of evidence in plain view/plain view doctrine
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. 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)

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.

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.
 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.

The NBI is a government entity that is civilian in character, and national in scope which is under the
Department of Justice.

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)

- created by the virtue of Republic Act 9165.

- serves as the implementing arm of the Dangerous Drug Board (DDB).
- 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.
- headed by Director General with the rank of
Undersecretary, appointed by the President.
- 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

✓ Bureau of Fire Protection;

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

SECOND PILLAR: 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 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
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal
Prosecutors
f. Public Attorney’s Office

2. NON-GOVERNMENT PROSECUTING AGENCIES

a. IBP
b. CLAO
c. FLAG
d. MABINI
e. Other legal-aid lawyer associations
PD 1275 - 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
REPUBLIC ACT No. 10071 - An Act Strengthening and Rationalized The National Prosecution Service Or The
"Prosecution Service Act Of 2010."
FUNCTIONS OF THE PROSECUTION AGENCIES (EFP)

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

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 – 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

- To protect the innocent against, hasty, oppressive and malicious prosecution

- To secure the innocent from open and public accusation of trial, from trouble expense and anxiety of a
public trial. - To protect the state from useless and expensive trials.
 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.
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

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).

- SUBPOENA AD TESTIFICANDUM – compelling the attendance of a person to testify

- SUBPOENA DUCES TECUM – a witness is ordered to produce document in court

INQUEST PROCEEDING

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.

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 = 18
penalties 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 waiting the processing and disposition of the case filed
against him.

KINDS OF BAIL

1. Property bond;
2. Corporate Surety;
3. Cash Deposit;
4. 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)

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:

✓ Settle actual controversies involving rights, which are legally demandable and enforceable;
✓ 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)

- 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

2. 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

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.

4. MUNICIPAL TRIAL COURTS/MUNICIPAL TRIAL COURTS IN CITIES/MUNICIPAL CIRCUIT TRIAL

COURT/METROPOLITAN TRIAL COURT

✓ MUNICIPAL TRIAL COURTS (MTC) - every municipality in the Philippines has its own Municipal Trial
Court and every MTC covers only one municipality.
✓ MUNICIPAL TRIAL COURTS IN CITIES (MTCC) - These are the equivalent of the Municipal Trial
Courts in cities outside Metropolitan Manila.
✓ MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) - A Municipal Circuit Trial Court is a municipal trial
court which covers two or more municipalities.
✓ METROPOLITAN TRIAL COURTS (MeTC) - are
Municipal Trial Courts in the cities in the Metropolitan Manila Area as distinguished from the other
political subdivisions in the Philippines.

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.

II. SPECIAL COURTS

1. SANDIGANBAYAN
- created under Presidential Decree No 1606.
- Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
- It is composed of a 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.

2. COURT OF TAX APPEALS (CTA)

- created by Republic Act No 1125, as amended by Republic Act No 9282.
- Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.
- 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.

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.

III. QUASI JUDICIAL BODIES (ADMINISTRATIVE AGENCIES)

1. National Labor Relations Commission
2. Commission on elections
3. Bureau of Internal Revenue
4. Bureau of Customs
5. Board of Transportation
6. Commission on Audit
7. Energy Regulatory Board
8. Civil Service Commission

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]) :
✓ Chief Justice (ex officio Chairman) ✓ Secretary of Justice
✓ A Representative of the Congress
✓ Representative of the IBP
✓ A professor of Law
✓ A retired member of the Supreme Court
✓ A representative of the Private Sector

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:

1. ARRAIGNMENT - 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
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: 1. guilty plea, which must be unconditional; and
2. not guilty.

2. 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

3. TRIAL - 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

- 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
- defined as the decision or sentence of the given by a court as the result of proceedings instituted
therein

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.

WHEN 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

- 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.

EXTINCTION OF CRIMINAL LIABILITY (ART. 89, RPC)

DSA-PPP-M Total Extinction:
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 Extinction:
1. Conditional pardon
2. Commutation of sentence
3. Good conduct time allowance
4. Parole
5. Probation

FOURTH PILLAR: CORRECTIONS

CORRECTION 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 R-A-D-I-R-R-R

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. ATONEMENT – punishment is a form of group vengeance
3. 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
4. ISOLATION / INCAPACITATION - 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
5. 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
6. REHABILITATION - based on the premise that through correctional intervention, such as educational and
vocational training and psychotherapeutic programs, an offender may be changed
7. 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
- 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. COMMENSURATE - penalty must be proportional to the gravity or seriousness of the crime committed.
4. PERSONAL - penalty must be imposed only to the person who actually committed the crime with no
substitutes.
5. 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

I. BUREAU OF CORRECTIONS (BUCOR)

- 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

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM

- was established in Southern Zamboanga on 21 August 1869.
- was established during the tenure of Governor General Ramon Blanco, whose patrol saint the prison
was named after.
- was established originally for persons convicted of political crimes
- considered the oldest penal facility in the Philippines.
- 1,546 hectares, copra, rice, corn , coffee, cattle and livestock
2. IWAHIG PENAL COLONY
- established on 16 November 1904 in Puerto Princesa City, Palawan.
- originally served as a depository for prisoners who could not be accommodated at the Old Bilibid Prison
in Manila
- classified as a penal institution in 1907 by virtue of Act No 1723.
- four subcolonies; Sta Lucia, Inagawan, Montible and
Central ; - privilege – families to live with the colonists

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

- created by virtue of Act No 3579 enacted on November 1931.
- located at Welfareville, Mandaluyong City
- established to accommodate female prisoners
- the female prisoners from the Old BIlibid Prison were transferred to CIW on 14 February 1931.
4. DAVAO PENAL COLONY
- the first penal settlement founded and organized under Filipino Administration
- established in 21 January 1932 by virtue of Act No 3732
- Located in the districts of Panabo and Tagum in Davao del Norte.

5. NEW BILIBID PRISON

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

6. SABLAYAN PRISON AND PENAL FARM

- established on 26 September 1954 by virtue of Presidential Proclamation No 72

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

7. LEYTE REGIONAL PRISON

- was established in 16 January 1973 by virtue of Presidential Decree No 28
- situated in Abuyog, Southern Leyte
- admits convicted offenders from Region 6 and from the national penitentiary in Muntinlupa

II. 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.

III. 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 TERMS

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

SENTENCED PRISONERS - those convicted by final judgment

and are serving their sentence

CLASSIFICATION OF PRISONERS

1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. 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
- derived from the Spanish word, “presidio”
- 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
- derived from the Spanish words, “jaula” and “caula”
- 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

TYPES OF JAILS
1. 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.
2. 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.
3. 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

1. Death penalty – capital punishment

2. Imprisonment 3. Destierro 4. Fine or compensation 5. Civic duties

DURATION OF PENALTIES

1. Reclusion Perpetua
2. Reclusion Temporal
3. Prision Mayor
4. Prision Correctional
5. Arresto Mayor
6. Arresto Menor
7. 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

- A functional unit under the Department of Justice.
- 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

2. PAROLE AND PROBATION ADMINISTRATION

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

3. 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 to whom it is
granted without any condition whatsoever and restores to the individual his civil rights and remits the
penalty imposed for the
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

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”

- provides for the Revised Katarungang Pambarangay Law
- enacted on 10 October 1991
 LUPONG TAGAPAMAYAPA

- It is a body of men created to settle disputes within the barangay level. It is also referred to as the
LUPON.
- 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).
- 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.
- The Lupon shall be constituted every three years.
- A Lupon member shall serve for a period of three years.
- Essentially, the Lupon must provide a forum for matters relevant to the amicable settlement of disputes for
the speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO

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

- 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.
- The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
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:

a. 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;
b. those involving parties that actually reside or work in the same barangay;
c. those involving marital and family disputes;
d. those involving minor disputes between neighbors;
e. those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

- disputes between persons actually residing in the same barangay shall be brought for amicable settlement
before the Lupon of said barangay;
- those involving actual residents of different barangays within the same city or municipality shall be brought
in the barangay where the respondent actually resides;
- all disputes involving real property or any interest shall be brought in the barangay where the real property
or the larger portion is situated;
- 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.

COMPLAINANT – the person who filed the complaint against

the respondent

RESPONDENT – the person who is being complained of

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 6981 – Witness Protection Program

RA 7080 – Plunder Law
RA 7610 – Child Abuse Law
RA 7659 – Death Penalty Law
RA 8353 – Anti Rape Law
RA 9160 – Anti Money Laundering (RA 9194)
RA 9165 – Comprehensive Dangerous Drugs Act
RA 9208 – Anti-Trafficking Act
RA 9262 – Anti-Violence against Women and Children
RA 9283 – Intellectual Property
RA 9284 – Illegal Possession of FAs
RA 9285 - Alternative Dispute Resolution
RA 9344 – Comprehensive Juvenile Justice System
RA 9346 – Abolition of the Death Penalty