PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM

Criminal Justice System refers to the sum total of instrumentation which a society uses in the prevention and
control of crime and delinquency. It refers to the machinery of the state or government which enforces the rules of
conduct necessary to protect life and property and to maintain peace and order. It also comprises all the means used
to enforce those standards of conduct which are deemed necessary to protect individuals and to maintain general
community well-being.

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Criminal Law is the basis that takes place in the Criminal Justice System. Only violations of Criminal Law are
being considered and processed in the Criminal Justice System. Where no violation of Criminal Law or where no
commission of the crime criminal justice as a process will not operate. Criminal Law is that branch of public, which
defines

CRIMINAL LAW – crimes, treats of their nature, and provides for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

SUBSTANTIVE - defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.

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:

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, beyond reasonable doubt as charged and the judgement 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 easily be
considered as CRIMINAL.

PHILOSOPHIES BEHIND THE CJS

1. Adversarial Approach
PHILIPPINE CRIMINAL JUSTICE SYSTEM

- 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 arid 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 de 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 - the "Department of the Interior and Local Government Act of 1990" -approved on Dec 13, 1990
2. RA 8551 - the "PNP Reform and Reorganization Act of 1998. - approved on February 25, 1998.
3. RA 9708 - "An Act extending for 5 years the reglementary period for complying the minimum educational
qualification for appointment to the PNP and adjusting the promotion system thereof". - Approved on August 12,
2009
PHILIPPINE CRIMINAL JUSTICE SYSTEM

PHILIPPINE NATIONAL POLICE a law enforcement agency under the DILG. under administrative control and
operational supervision of the National Police Commission. It is an organization that is national in scope and civilian
in character, as provided by Section 6, Article 16 of the 1987 Philippine Constitution: "The state shall establish and
maintain one police force which shall be national in scope and civilian in character..

NATIONAL IN SCOPE - means that the PNP is a nationwide government organization whose jurisdiction covers
the entire breadth of the Philippine archipelago. all uniformed and non-uniformed personnel of the PNP are national
government employees.

CIVILIAN IN CHARACTER - means that that the PNP is not a part of the military, although it retains some
military attributes such as discipline.

POWERS AND FUNCTIONS OF THE PNP

1. Enforce all laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
3 Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their
prosecution•
4. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent
laws;
5.Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of
all his rights under the Constitution;
6.Issue licenses for the possession of firearms and explosives in accordance with law;
7.Supervise and control the training and operations of security agencies and issue licenses to operate security
agencies and to security guards and private detectives, for the purpose of their professions.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances relative to the protection of
lives and property, such as the Revised Penal Code, other special penal laws and city and municipal
ordinances.

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 is the discovery of the pulse 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;
3) and 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/
APPREHENSION Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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.

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
b. Seizure of evidence in plain view
C. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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 (NBI) saw its inception on November 13, 1936 upon approval of
Commonwealth Act No. 181 by the legislature.
Tasked with organizing a Division of Investigation or DI patterned after the United States Federal Bureau of
Investigation were Thomas Dugan, a veteran American police captain from the New York Police Department and
Flaviano C. Guerrero, the only Filipino member of the United States Federal Bureau of Investigation.
On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the Bureau of Investigation. Later,
it was amended by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the
National Bureau of Investigation (NBI).
The NBI is a government entity that is civilian in character, and national in scope which is under the
Department of Justice.

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.

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.
In a criminal action, it is a proceeding instituted and carried on by due course of law, before a competent
tribunal, for the purpose of determining the guilt or
The party in a criminal proceeding who instituted the criminal action is called the prosecution.
The party against whom the criminal action was instituted is called the defense.
In all criminal prosecutions, the real offended party is the People of the Philippines, 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).

THE PROSECUTOR
The prosecutor is the officer of the government whose function is the prosecution of criminal actions partaking
the nature of criminal actions. He is also referred to as public prosecutor and fiscal.
THE NATIONAL PROSECUTION SERVICE (NPS)
The NPS was created by virtue of Presidential Decree No. 1275, entitled "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." This law was enacted on April 11, 1978.
The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government
- headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to R.A. 10071,
otherwise known as the "Prosecution Service Act of 2010".
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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.
It is required to be conducted before the filing of the information for an offense where the penalty prescribed
by law is at least 4 yrs, 2 mos. and 1 day.
The purpose of conducting preliminary investigation is to establish probable cause. Probable cause refers to the
existence of such facts and circumstances as would excite a belief in a reasonable mind, acting on the facts
within the knowledge of the prosecutor, that the person charged is guilty of the crime for which he is
prosecuted. It is the degree of evidence required in preliminary investigation.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their assistants;
b. judges of the municipal trial courts and municipal circuit trial courts
C. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan's special prosecutors as authorized by the Ombudsman
2. COMELEC's authorized legal officers in connection with election offenses
3. special prosecutors appointed by the Secretary of Justice

PROCEDURE FOR PRELIMINARY INVESTIGATION

Filing of COMPLAINT accompanied by WITNESS’ AFFIDAVITS AND SUPPORTING DOCUMENTS

Within 10 DAYS after filing, the INVESTIGATING PROSECUTOR either DISMISS OR ISSUE SUBPOENA

If SUBPOENA issued – RESPONDENTS shall submit COUNTER AFFIDAVIT and supporting documents
within 10 DAYS from receipt

May conduct a CLARIFICATORY HEARING (OPTIONAL)

PROSECUTOR – file a RESOLUTION TO THE DOJ (if there is PROBABLE CAUSE)

APPROVED BY THE DOJ DISAPPROVED BY THE DOJ

PROSECUTOR FILE PROSECUTOR SHALL DISMISS

INFORMATION TO THE THE CASE
COURT
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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. 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).
INQUEST PROCEEDING
Inquest procedure is an inquiry made by the duty prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant. Each police station or headquarters should in principle also
have designated inquest prosecutors to process inquest procedures with a schedule of assignments for their
regular inquest duties This process requires the prosecutors to resolve the. complaint the police filed in a
prescribed period which varies depending on the gravity of the offense:
Light penalties = 12 hours
Correctional penalties =18 hours
Afflictive penalties = 36 hours
RA 9165 (Drugs) = 24 hours
RA 9372 (Terrorism) = 72 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:
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.
- a body to which the public administration of justice is delegated, being a tribunal officially assembled under
authority of law at the appropriate time and place for the administration of justice through which the State enforces
its sovereign rights and powers.
- a court is an organ of the government belonging to the judicial department whose function is the application of
the laws to controversies brought before it and the public for the administration of justice
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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 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.

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129 - otherwise known as the Judiciary Reorganization Act of 1980 which defines the
organization, composition and jurisdiction of the courts.
1. REGULAR COURTS
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.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

- 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 Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine, (c) damage to property through criminal
negligence. MUNICIPAL TRIAL COURTS (MTC) 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.

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 Republic Act No 9282. by
- 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.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

- 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.

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.
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal

FIRST STAGE: ARRAIGNMENT

- the reading of the criminal complaint or information to the defendant, by the judge or clerk of court, and the
delivering to him a copy thereof, including a list of witnesses, and asking him whether he pleads guilty or not guilty
as charged
- the stage where the accused is formally informed of the charges against him by reading before him the information
or criminal complaint and asking him whether he pleads guilty or not guilty as charged
- the stage where the issues are joined in criminal action and without which the proceedings cannot advance further
requires that the accused be personally or physically present in court

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.

SECOND STAGE: PRE-TRIAL

- a conference called by the judge that requires the presence of both the prosecution and the accused before the
beginning of a trial
- mandatory in all criminal cases
The following are to be taken up during the conference:
a. plea
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.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

PLEA BARGAINING - the process whereby the accused, the offended party and the prosecution work out a
mutually satisfactory disposition of the case subject to court approval

THIRD STAGE: TRIAL

Trial is the examination before a competent tribunal, according to the laws of the land, of the facts put in issue
in a case, for the purpose of determining such issue. It is the period for the introduction of evidence by both parties.
- the period for the introduction of evidence by both. parties.
- it shall in no case exceed 180 days the first day of the trial, except as otherwise provided by the Supreme
Court.

FOURTH STAGE: JUDGEMENT

- 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.

A judgment becomes final:

1. when the period for perfecting appeal an appeal has lapsed;
2. when the sentence is partially or totally satisfied or served;
3. when the accused expressly waives in wilting his right to appeal and
4. when the accused applies for probation.

FIFTH STAGE: APPEAL

- the elevation by an aggrieved party of any decision, order or award of a lower body to a higher body, by means of
a document which includes the assignment of errors, memorandum of arguments in support thereof, and the reliefs
prayed for.
- an appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting an appeal.
- the accused may or may not appeal his case
- when the accused decides not to appeal his case, the decision becomes final and executory
- on appeal, the State is represented by the Solicitor General
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. It is composed of the institutional and non-
institutional agencies of the government.

PENOLOGY – a branch of criminology which deals with the treatment, management and administration of inmates

PURPOSES/OBJECTVES OF MODERN CORRECTIONS:

1. RETRIBUTION - imprisonment is supposed to be the payment of the offender to the victim or the victims
family for the crime he committed against him or them

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

3. ISOLATION – convicted offenders are separated from society to prevent them from committing another crime -
at the same time, imprisonment protects law-abiding citizens from the harm criminals may inflict on them
PHILIPPINE CRIMINAL JUSTICE SYSTEM

4.REFORMATION – this involves the use of punitive and disciplinary measures such as solitary confinement to
modify or reform criminal behavior whose conduct and deportment is not totally responding to rehabilitation
programs 5. REHABILITATION – based on the premise that through correctional intervention, such as
educational and vocational training and psychotherapeutic programs, an offender may be changed

6.REINTEGRATION – the effort of correction to change criminal behavior should result in a situation and ability
on the part of the penitent offender to return to society in some productive and meaningful capacity in a free
community.

PENALTY – the suffering that is inflicted by the State for the transgression of the law . It 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 the State punishes the criminal to prevent or suppress the danger to the State and to the public
arising from the criminal acts of the offender.

2. SELF-DEFENSE - the State punishes the criminal as a measure of self-defense to protect society from the threat
and wrong inflicted by the criminal.

3. REFORMATION - the State punishes the criminal to help him reform or be rehabilitated.

4. EXEMPLARITY - the State punishes the criminal to serve as an example to others and discourage others from
committing crimes.

5. JUSTICE - the State punishes the criminal as an act of retributive justice, a vindication of absolute right and
moral law violated by the criminal.

JURIDICAL CONDITIONS OF PENALTY

1. JUDICIAL AND 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

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF CJS

Correctional Institutions enter into the picture, as a rule, when the conviction of the accused has become
final and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the
enforcement of its decision. Although, Correctional Institutions, Jails in particular, may receive an accused for
custody or detention only, in which case the court issues a COMMITMENT ORDER.

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.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

TWO DIVISIONS OF CORRECTIONS

1) Institutional Corrections
2) Non-Institutional Corrections
INSTITUTIONAL CORRECTIONS
DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa
BUREAU OF PRISONS – created pursuant to Act No 1407, otherwise known as Reorganization Act of 1905,
enacted on 1 November 1905, as an agency under the Department of Commerce and Police the
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No 292 dated 22 November 1989.
SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES
1. SAN RAMON PRISON AND PENAL FARM
- 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
2. IWAHIG PENAL COLONY
- considered the oldest penal facility in the Philippines.
- 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.
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
PHILIPPINE CRIMINAL JUSTICE SYSTEM

- has three security facilities/camps:

maximum security for those whose sentence is twenty years and above
medium security also called Camp Sampaguita; for those whose sentence is less than twenty years
minimum security also called Camp Bukang Liwayway, for those who are physically-handicapped, sixty-five
(65) years old and above, and those who have only six (6) months remaining in their sentence.
6. SABLAYAN PRISON AND PENAL FARM – established on 27 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.

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. 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

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.

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

PD 29 - the law that classified prisoners

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.

Municipal Jall Prisoner - sentenced to serve a prison term for 1 day to 6 months.

City Jail Prisoner - sentenced to serve imprisonment for 1 day to 3 years

PHILIPPINE CRIMINAL JUSTICE SYSTEM

Provincial Jail - sentenced to 6 months one day to 3 years

National or insular Prisoners - Sentenced to 3 years 1 day to Reclusion Perpetua or Life Imprisonment.

PRISON – derived from the Greco-Roman 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.

NON-INSTITUTIONAL CORRECTIONS

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

2. PAROLE AND PROBATION ADMINISTRATION – 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 given the added function of supervising prisoners who, after serving part of their
sentence in jails or prisons, are released on parole with parole conditions an attached agency to the Department
of Justice.

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.
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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 968, the Probation Law of 1976.

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System

The community is understood to mean as "elements that are mobilized and energized to help authorities in
effectively addressing the law and order concern of the citizenry." The responsibilities of the community in relation
to Law Enforcement. As one of the pillars or component of the Criminal Justice system, the community with its
massive membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:

(a) identifying offenders;

(b) giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and
syndicates;

(c) volunteering as witnesses;

(d) adopting precautionary and remedial measures to diminish crime.

*As had been pointed out, crime prevention is not the sole responsibility of the police but is equally the concern of
every citizen in order to have a peaceful place to live in.

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

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 Govemment 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.

PHILIPPINE CRIMINAL JUSTICE SYSTEM

- 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
PHILIPPINE CRIMINAL JUSTICE SYSTEM

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

 The Chairman shall meet with the respondent and complainant and mediate. If he fails in his mediation
within fifteen (15) days, he shall set a date for the constitution of the Pangkat.
 Tne Pangkat shall meet not later than three (3) days after their constitution, on the data set by the Chairman,
to hear both parties.
 The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This period
may be extended for another fifteen (15) days, at the discretion of the Pangkat.
 The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman,
to hear both parties.

The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This period may be
extended for another fifteen (15) days, at the discretion of the Pangkat. All amicable settlement shall be in writing.

IMPORTANCE OF RESORTING TO AMICABLE SETTLEMENT BEFORE GOING TO THE POLICE

Disputes that fall under the jurisdiction of the barangay must be brought to the barangay before it can be brought to
the police, Parties must attempt to have their disputes amicably settled at the barangay level because the law dictates
that it is a pre- condition to filing of complaint in court. As stated in Section 412 of RA 7160:

"No complaint involving any matter within the authority of the Lupon shall be filed directly in court unless there has
been a confrontation between the parties before the Chairman or the Pangkat, and that no conciliation or settlement
has been reached as certified by the Secretary, or unless the settlement has been repudiated by the parties."

The amicable settlement shall have the force and effect of a final judgment of a court upon the expiration of ten (10)
days from the date of settlement.