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SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS

CRIM. 2: CRIMINAL JUSTICE SYSTEM

CRIMINAL JSUTICE SYSTEM

- comprise all the means used to enforce those standards of conduct which are deemed
necessary to protect individuals and to maintain general community well being.
- The sum total of instrumentation which a society uses in the prevention and control of
crime and delinquency.

- 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.

- Comprises all means used to enforce these standards of conduct, which are deemed
necessary to protect individuals and to maintain general well-being of the community.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

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

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Basis of 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, in
general, Criminal Justice as a process will not operate.

CRIMINAL LAW
Branch of public, which defines crimes, treats of their nature, and provides for their
punishment.
TWO CLASSIFICATION OF CRIMINAL LAW
A. SUBSTANTIVE
Defines the elements that are necessary for an act to constitute as a crime and therefore
punishable.
B. PROCEDURAL
Refers to a statute that provides procedures appropriate for the enforcement of the
Substantive Criminal Law.

TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE

CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES
A. First is the “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.
B. The second principle is “the burden of proof” which in criminal cases means that the
government must prove beyond “reasonable doubt” that the suspect committed the
crime

CONCEPT OF THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE

No less than the Constitution of the Philippines provides that an accused shall be
presumed innocent until proven guilty.
CONCEPT OF PROOF BEYOND REASONABLE DOUBT
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.

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty. Moral certainty is only required, or that degree
of proof which produces conviction in an unprejudiced mind.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

CRIMINAL may be defined in three different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or
she committed the crime regardless whether or not it has been reported to the Police for
investigation.
2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial
process and upon determination by the Court that he or she is guilty beyond reasonable
doubt.
3. In Criminal Justice sense, a criminal may be defined as one who has undergone the
process and went through all the pillars of the Criminal Justice System

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 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 really be considered as a CRIMINAL.

FOUR ELEMENTS OF JUSTICE IN ORDER THAT JUSTICE MAY BE DISPENSED OF

ABSOLUTELY
1. The absolute ability to identify the law violator
2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law violator.

FOUR TYPES OF MISTAKES THAT CAN HAPPEN WHEN SOCIETY ATTEMPTS TO

ADMINISTER JUSTICE:
1. The innocent is punished
2. The guilty escapes punishment
3. The guilty are punished more severely than necessary;
4. The guilty are punished less severely than necessary

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. The Law Enforcement, particularly the Philippine National Police (PNP) is under the
Department of the Interior and Local Government (DILG); while the National Bureau of
Investigation is an agency attached to the Department of Justice (DOJ).
2. The Prosecution Service is under the DOJ, while the OMBUDSMAN is a Constitutional
body independent from even the three major and co equal branch of the government;
3. The Courts, meaning the regular civil courts, including the SANDIGANBAYAN and
Special Criminal Courts, are under the Supervision and control of Supreme Courts.
Although, judges of the Municipal Trial Courts, Municipal Circuit Trial Courts, at times
are tasked to perform executive functions when they are conducting Preliminary
Investigation which is primarily an Executive function.
4. The Correctional Institutions are either under the DOJ or DILG.
- The Bureau of Prison or the National Penitentiary is under the DOJ;
 - By virtue of RA 6975, the Bureau of Jail Management and Penology (BJMP) is in
charge of the City or Municipal Jails while the Provincial government is in charge of the
Provincial jails. Both are under the DILG.

PURPOSES OR GOALS OF CRIMINAL JUSTICE SYSTEM

1. Primary goals
a. Maintenance of peace and order
b. Protect members of the society
2. Secondary goals or sub-goals
a. Prevention of crime
b. The review of the legality of preventive and suppressive measures.
c. The judicial determination of guilt or innocent of those apprehended.
d. The proper disposition of those who have been legally found guilty.
e. The correction by socially approved means of the behavior of those who violate
the criminal law.
f. The suppression of criminal conduct by apprehending offenders for whom
prevention is ineffective.

THE PHILOSOPHIES BEHIND THE CRIMINAL JUSTUCE SYSTEM

1. The Adversarial Approach
The adversarial approach assumes innocence. The prosecutor representing the State
must prove the guilt. The adversary approach requires that the proper procedures are
followed, procedures designed to protect the rights of the accused.
The adversary system embodies the basic concept of equal protection and due process.
These concepts are necessary in order to create a system in which the accused has a
fair chance against the tremendous powers of the prosecutors and the resources of the
State.
2. The Inquisitorial approach:
The inquisitorial system assumes guilt; the accused must prove that they are innocent.
The inquisitorial approach places a greater emphasis on conviction rather than on the
process by which the conviction is secured.

The philosophy adopted in our Criminal Justice System is the Adversarial Approach.

CONCEPT OF DUE PROCESS OF LAW

The concept of due process means that those who are accused of the crimes and those
who are processed through the Criminal Justice System must be given the basic rights
guaranteed by the Constitution.
Criminal due process requires that the accused be tried by an impartial and competent
court in accordance with the procedure prescribed by law and with proper observance of
all the rights accorded to him under the Constitution and applicable statute.
CONCEPT OF EQUAL PROTECTION
The equal protection clause in essence declares that the state may not attempt to create
or enforce statutes against a person solely because of specific characteristics such as
race, age or sex

I. LAW ENFORCEMENT – The First Pillar in the administration of the Criminal Justice System

Law Enforcement in relation to CJS

 The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime
mover” of the Criminal Justice System. It is considered as “the initiator of the actions” that other
pillars must act upon to attain its goal or objective.
Examples of police initiating action:
a. effecting an arrest
b. surveillance
c. crime investigation

THE GENERAL FUNCTIONS OF THE LAW ENFORCEMENT IN RELATION TO THE

ADMINISTRATION OF THE CJS
a. To prevent criminal behavior.
b. To reduce crime.
c. To apprehend and arrest offenders.
d. To protect the life and property.
e. To regulate non-criminal conduct.

PHILIPPINE NATIONAL POLICE

- organized pursuant to RA 6975, as amended by RA 8551

PERTINENT LAWS ON PNP:

RA 6975 - “DILG Act of 1990” - Approved on Dec 13, 1990
RA 8551 - “PNP Reform and Reorganization Act of 1998.
- Approved on February 25, 1998.
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

The Philippine National Police is a law enforcement agency under the DILG. It is 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…”
-headed by the Chief, PNP, with the rank of Director General, appointed by the President
and who shall serve a term of office of four (4) years.

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

-Enforce all laws and ordinances relative to the protection of lives and properties;
-Maintain peace and order and take all necessary steps to ensure public safety;
-Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice
and assist in their prosecution;
-Exercise the general powers to make arrest, search and seizure in accordance with the
Constitution and pertinent laws;
-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;
-Issue licenses for the possession of firearms and explosives in accordance with law;
-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.

NATIONAL BUREAU OF INVESTIGATION

-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.

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its own
initiative and as public interest may require;
2. Assist, when officially requested in the investigation or detection of crimes and other
offenses;
3. Act as national clearing house of criminal records and other information for use of all
prosecuting and law enforcement entities in the Philippines, of identification records of
identifying marks, characteristics and ownership or possession of all firearms and test
bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of the
government, and courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in nature in
which the government is interested;
6. Establish and maintain an up-to-date scientific crime laboratory and conduct researches
in furtherance of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and order;
8. Undertake the instruction and training of a representative number of city and municipal
peace officers at the request of their respective superiors along effective methods of
crime investigation and detection in order to insure greater efficiency in the discharge of
their duties.

POLICE RULES AND FUNCTIONS IN THE SOCIETY

Basically, the role of the police in society is crime prevention which is the main goal of the CJS.

CRIME DETECTION IN RELATION TO THE ADMINISTRATION OF CJS

Through crime detection, the police is typically the first component of the justice system to deal
with the commission of the crime.

How are crime detection usually happens?

 The detection of crime usually occurs in the following manner:
a. The most typical way that crimes come to the attention of the police is for the victim to
report its occurrence to the police
b. A less typical way for the police to be advised of the crime is through the reporting of
someone who has witnessed its commission or has come upon evidence indicating that
a crime has been committed;
c. The police themselves, through their routine operations discover that a crime has been
committed or witness its commission

MEANING OF ARREST:
– Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.

IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS

Arrest is important in the administration of Criminal Justice System because if the
accused is not arrested, the court will not acquire jurisdiction over his person unless the person
voluntarily surrenders himself to the authorities.

PROBABALE CAUSE IN EFFECTING ARREST

Probable cause with respect to arrest is such a fact and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has been committed by the
person sought to be arrested.

SEARCH WARRANT
It is an order in writing issued in the name of the people of the Philippines signed by the
judge and directed to the peace officer, commanding him to search for personal property and
bring it before the court.

REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST

A search warrant shall be issued only upon (a) upon probable cause (b) in connection
with one specific offense ( c) to be determined personally by the judge (d) after examination
under oath or affirmation of the complainant and the witnesses he may produce and (e)
particularly describing the place to be search and the thing to be seized.

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.

GENERAL RULE IN EFFECTING AN ARREST:

The general rule in effecting an arrest is simply to make an arrest when there is a
warrant.
Reason:
a. For the protection of the person making the arrest in order not to be charged criminally
for violation of Article 124 of the Revised Penal Code, and other related penal laws;
b. and also for any civil and administrative charges.

EXCEPTION TO THE GENERAL RULE:

The exception to the general rule is provided by the Revise Rules on Criminal
Procedures (Rule 113, Section 5)
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.

GENERAL RULE IN EFFECTING SEARCH AND SEIZURE:

Just like arrest, the general rule in effecting a search and seizure is only by virtue of a validly
issued search and warrant.

The Reason:
a. For the protection of the searcher not to be charged of a crime of theft, robbery and the
like;
b. And for any civil and administrative liabilities
EXCEPTIONS:
a. Warrantless search incidental to a lawful arrest
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

EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST AND SEARCH AND

SEIZURE IS NOT ADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED
The evidence obtained is not admissible against the accused in any proceedings. The
rule not admitting any unlawfully obtained evidence against the accused is referred to “the
exclusionary rule” because the same is said to be “the fruit of the poisonous tree”.

CRIMINAL INVESTIGATION
Is an art, which deals with identity and location of the offender and provides evidence of
his guilt in criminal proceedings.

Importance of Criminal Investigation in the Administration of CJS

Criminal Investigation is important in the administration of the CJS because one of the
purpose of criminal investigation is to gather and preserve evidence that will both justify their
enforcement action in particular case as well as enable the fact finding process of the courts
and the prosecution of the case successfully and obtain conviction.

Republic Act No. 7438, April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR
UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF.

POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS

As defined by Kenneth Culp Davis, discretion means the freedom to make a choice
among possible courses of action.
By the very nature of their work, police officers normally make critical decisions involving
the life, liberty, honor and property of citizens, and these requires discretion on their part.

SOME OF THE EXAMPLES OF POLICE DISCRETION:

a. Whether or not to enforce a specific law;
b. Whether or not to conduct search of people or building
c. Whether or not to effect an arrest;
d. To determine what charges are to be filed

II. PROSECUTION – The second Pillar of the Criminal Justice System

PROSECUTION AS A PILLAR OF THE CJS

The Prosecution as the pillar of the CJS simply means “a criminal action”. A proceeding
instituted and carried on by due course of law, before a competent tribunal, for the purpose of
determining the guilt or innocence of a person charged with a crime.
It is also used to designate the government as the party to the proceeding in a criminal
action.

IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?

In the Philippines, the prosecutor is the government officer, tasked to conduct the
prosecution of criminal actions in court. The Revised Rules of Court expressly provides that the
prosecution has the direction and control of the case.
Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the
prosecutor is absent, the offended party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case. But such authority shall cease upon
actual intervention of the prosecutor r upon elevated to the RTC.

NATIONAL PROSECETION SERVICE (NPS)

The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked
as the prosecutorial arm of the government. Its most important function in the Criminal Justice
System is to maintain and recognize the rule of law through the speedy delivery of services
particularly in the investigation and prosecution of all crimes under the Revised Penal Code,
Presidential Decrees and other special penal laws.

SOME ROLES OF THE PROSECUTOR:

a. To conduct Preliminary Investigation
b. To make proper recommendation during the inquest of the case referred to them by the
police after the investigation of the suspect;
c. To represent the government or state during the prosecution of the case against the
accused;
d. To act as a legal officer of the province or City in the absence of its legal officer;
e. To investigate administrative cases filed against State Prosecutors, Provincial
Prosecutors, including the support staff of the National Prosecution Service (NPS).

PRELIMINARY INVESTIGATION:
 It is an inquiry or proceeding for the purpose of determining whether there is sufficient
ground to engender a well founded belief that a crime has been committed and that the
respondent is probably guilty thereof, and be held for trial (Section 1, Rule 112, Rules of Court).

PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION

a. To determine whether a crime has been committed and whether there is probable cause
to believe that the accused is guilty thereof;
b. To secure the innocent against hasty, malicious and oppressive prosecution.
c. To protect the State from useless and expensive trials.

CAN THERE BE PRELIMINARY INVESTIGATION?

Preliminary Investigation is required to be conducted before the filing of the Complaint or
Information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.

INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE

CONDUCTED EVEN IF THE CRIME IS ONE THAT REQUIRES PRELIMINARY
INVESTIGATION
When the offender was arrested without a warrant, an Inquest investigation will be
conducted by the inquest investigator. There is no need to conduct Preliminary Investigation,
unless the person arrested ask for Preliminary Investigation. However, before the same can be
done, he must sign a waiver under the provision of Art. 125 of the Revised Penal Code.
An INQUEST shall refer to an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the benefit of a
warrant issued by the court for the purpose of determining whether or not said person should
remain under the custody and correspondingly charged in court.

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.

OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY

INVESTIGATION:
a. The Ombudsman and special prosecutor ad prosecutors duly authorized by the
Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft and corrupt
practices act.)
b. The COMELEC with respect to cases in violation of the Election Law;
c. Private Lawyers when duly deputized by any of the above.

PROSECUTOR’S DISCRETION:
a. Whether or not to file the case in court;
b. What charges to file;
c. Whether or not to decline to prosecute the arrested party;
d. Whether or not to enter into plea-bargaining
SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME
CRIMINAL CASES:
a. Insufficient evidence that results from a failure to find sufficient physical evidence that
links the defendant to the offense.
b. Witness problem that arise for example, when a witness fails to appear, gives unclear
or inconsistent statements, is reluctant to testify, is unsure of identity of the offender.
c. Due Process Problems that involves the violations of the Constitutional requirements
for seizing evidence and for the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO

PROSECUTE A CRIME:
a. File a motion for consideration
b. File an administrative case against the Prosecutor;
c. File a civil case against the Prosecutor;
d. File a criminal case against the Prosecutor

III. COURT – The third pillar of the Criminal Justice System

General functions of the Courts in relation of the CJS:

1. To protect the rights of the accused – the courts are responsible for reviewing the
actions of law enforcement agencies to ensure that the police have not violated the
rights of the accused;
2. To determine by all legal means whether a person is guilty of a crime – review all the
evidences presented by the police to determine its relevance and admissibility in
accordance with the Constitution and the rules of Court;
3. To dispose properly of those convicted of the crimes – the Courts have the responsibility
to examine the background of the accused and the circumstances of the crime;
4. To protect the society – after the accused has been found guilty, the court may
determine if the offender should be removed from society and incarcerated in order to
protect the safety of life and property and this is specially in case of Probation;
5. To prevent and reduce criminal behavior –this is the task properly imposing the proper
penalty and sanctions that will serve to deter the future criminal acts by the offender an
also serve as an example and deterrent to others who would commit criminal acts or
threaten public safety.

IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS:

Because the Court is the final arbiter of all disputes involving violations of criminal law.
Basic is the principle in law that we are a government of law and that no one should put
the law into one’s own hand. Otherwise, our Society will be one where chaos and anarchy reign
supreme.

GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS

1. To protect the rights of the accused. The courts are responsible for the reviewing the
actions of law enforcement agencies to ensure that the police have not violated the rights of the
accused.
2. To determine by all legal means whether a person is guilty of a crime. Review all the
evidences presented by the police to determine its relevance and admissibility in accordance
with the Constitution and the rules of court.
3. To dispose properly of those convicted of the crimes. The Courts have the responsibility
to examine the background of the accused and the circumstances of the crime.
4. To protect the society. After the accused has been found guilty, the court may determine if
the offender should be removed from society and incarcerated in order to protect the safety of
life and property and this is specially true in case of Probation.
5. To prevent and reduce criminal behavior. This is the task properly imposing the proper
penalty and sanctions that will serve to deter the future criminal acts by the offender and also
serve as an example and deterrent to others who would commit criminal acts or threaten public
safety.

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.

DIFFERENT COURTS
1. Municipal Trial Court/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;
2. Regional Trial Court (RTC)
Original Jurisdiction: (a) those which carry the penalties exceeding six (6) years of
imprisonment, (b) those not covered by the jurisdiction of the Sandiganbayan.
3. Sandiganbayan
Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA
1379, ad Chapter II, Section 2 Title VII, f Book II of the RPC.
1. officials of the executive branch of the government occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher.
2. Phillipine Army and Air force colonels, naval captain and all officers of higher rank.
3. Officer f the PNP (provincial director and those holding the rank of senior
superintendent or higher
4. Court of Appeals.
Appellate jurisdiction: Decisions or judgements of the RTC
5. Supreme Court
Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan.

COURT’S EXERCISE OF DISCRETION:

a. To set bail or set conditions for the release of the accused;
b. To rule on the procedural matters as raised by the defendant or the prosecutor during
the trial;
c. To impose sentence or not;
d. To convict or to acquit the accused;
e. To revoke probation or suspended sentence.

ARRAIGNMENT
It is the stage where the issues are joined in criminal action and without which the
proceedings cannot advance further.
It is the stage of the proceedings whereby the accused shall be informed of his/her
constitutional right to be (officially) informed of the nature and the cause of the accusation
against him and to ask him of his plea.
JUDGEMENT
It is the adjudication by the court that the accused is guilty or not of the offense charged
and the imposition on him of the proper penalty and civil liability, if any. It must be written in the
official language, personally and directly prepared by the judge and signed by him and shall
contain clearly and distinctly a statement of the facts and the law upon which is based.

PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it in the presence of the accused and any judge
of the court in which it was rendered. However, if the conviction is for a light offense, the
judgment may be pronounced in the presence of his counsel or representative. When the judge
is absent or outside the province or city, the judgment may be promulgated by the clerk of court.

WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED

The weight of the evidence required in order to convict an accused is “Proof beyond
reasonable doubt”

ACQUITTAL
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted
because the evidence does not show that his guilt is beyond reasonable doubt.

APPEAL
Appeal is a statutory right granted to the accused or even the government in proper
cases to seek remedy before an Appellate Court for the annulment or reversal of an adverse
decision or conviction rendered by the Trial Court.

WHO HAS THE RIGHT TO APPEAL?

As a rule, this right is only granted to the convicted offender. However, the Supreme
Court in one of its landmark decision held that the right to appeal shall not be denied to the
government prosecutor when proper.

IV. CORRECTIONS –The fourth pillar of the CJS

Corrections – deals with punishment, treatment and incarceration of offenders.
Corrections as the fourth pillar takes over the criminal treatment once the accused, after
having been found guilty, is meted out the penalty for the crime he committed. He can apply for
probation or he could be turned over to a non – institutional or institutional agency or facility for
custodial treatment and rehabilitation.

GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF

CJS
1. To maintain the institutions – the correctional component is responsible for
maintaining prisons, jails and other institutional facilities to receive convicted offenders
sentence to periods of incarceration.
2. To protect law abiding members of society – Corrections custody and security in
order to keep sentenced offenders removed from the free world so that they cannot
commit further crimes on society.
3. To reform offenders – It is responsible for developing and providing services to assist
incarcerated offenders to reform and assist them in returning to society and in leading a
non-criminal life after his/her release.
4. To deter crimes – It is responsible for encouraging incarcerated and potential offenders
to lead law-abiding lives the experience of incarceration and the denial of freedom to live
in a free 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
It 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
It is a written order of a court or authority consigning a person to jail or prison for
detention.

PURPOSES OF CORRECTION
1. Deterrence.
2. Rehabilitation.
3. Reintegration
4. Isolation and Incapacitation.
5. Punishment.

DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES:

1. Sablayan Prison and Penal Farm – located in Occidental Mindoro. Established on
September 26, 1954 by virtue of Presidential Proclamation No. 72.
It is the youngest colony of the bureau.
2. Leyte Regional Prison – situated in Abuyog, Southern Leyte, established a year after
declaration of Martial law in 1972.
3. New Bilibid Prison – located in Muntinlupa, it was officially named New Bilibid Prison
on January 22, 141.
4. Correctional Institution for Women – located at Mandaluyong City. Philippine
Legislature passed Republic Act 3579 in November 1929 which authorize the transfer of
all women inmates from Old Bilibid Prison to CIW. On February 14, 1931, the women
prisoners were transferred from Old Bilibid Prison to the building especially constructed
to them. Its old name “Women’s Prison” was changed to “Correctional Institution for
Women”.
5. Iwahig Penal Colony – located at Palawan, established on November 16, 1904 by
Governor Luke Wright.
6. San Ramon Prison and Penal Farm – established in Southern Zamboanga on August
21, 1870 through a royal decree promulgated in 1869. Considered the oldest penal
facility in the country. Originally established for persons convicted of political crimes. It
was here in Dapitan Zamboanga where Dr. Jose Rizal was incarcerated.
7. Davao Penal Colony – located in Davao Del Norte, the first penal settlement founded
and organized under Filipino administration. It was formally established on January 21,
1932 by virtue of Act No. 3732.

CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. Institutional Corrections Agencies
a. Bureau of Corrections – an agency under the Department of Justice (DOJ) that is
charged with custody and rehabilitation of national offenders, that is, those sentenced to
serve a term of imprisonment of more than three (3) years. It exercises control and
supervision of all the corrections/prisons facilities nationwide.

b. Provincial Jails – a jail for the safekeeping of prisoners at the capital of each province,
and in the absence of special provision all expenses incident to the maintenance thereof
and of maintaining prisoners are borne by the province.

c. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act
6975, exercise supervision and control over all district, city and municipal jail nationwide.
Formally established on January 2, 1991.

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.
2.1 Municipal Jail Prisoner – sentenced to serve a prison term for 1 day to 6
months.
2.2 City Jail Prisoner – sentenced to serve imprisonment for 1 day to 3 years
2.3 Provincial Jail – sentenced to 6 months one day to 3 years
2.4 National or insular Prisoners – Sentenced to 3 years 1 day to Reclusion
Perpetua or Life Imprisonment.
2. Non – Institutional Correctional Agencies
a. Parole and Probation Administration – an attached agency of the DOJ which provides
a less costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs. Headed by an Administrator
- Handles the investigation of petitioners for probation, and the supervision of
probationers, parolees and conditional pardonees.
b. Board of Pardons and Parole –the administrative arm of the President of the
Philippines in the exercise of his constitutional power to grant, except in cases of
impeachment, pardon, reprieve and amnesty after conviction by final judgment.
History:
Act 4103, otherwise known as Indeterminate Sentence Law, took effect
on December 4, 1933, created the Board of Indeterminate Sentence.
Amended by Executive Order No. 83, Series of 1937, renamed the
Board of Indeterminate Sentence to Board of Pardons.
Amended by Executive Order No. 94, abolished the Board of Pardons
and created the Board of Pardons and Parole.
c. 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).
SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of
age or under at the time of the commission of the offense shall be exempt from
criminal liability. However, the child shall be subjected to an intervention program
pursuant to Section 20 of this Act.
 A child above fifteen (15) years but below eighteen (18) years of age shall
likewise be exempt from criminal liability and be subjected to an intervention
program, unless he/she has acted with discernment, in which case, such child
shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include
exemption from civil liability, which shall be enforced in accordance with existing
laws.

Juvenile Justice and Welfare Council (JJWC) - A Juvenile Justice and Welfare Council
(JJWC) is hereby created and attached to the Department of Justice and placed
under its administrative supervision. The JJWC shall be chaired by an
undersecretary of the Department of Social Welfare and Development

Duties During Initial Investigation. - The law enforcement officer shall, in his/her investigation,
determine where the case involving the child in conflict with the law should be
referred.
The taking of the statement of the child shall be conducted in the presence of the
following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public
Attorney's Office; (2) the child's parents, guardian, or nearest relative, as the case may be; and
(3) the local social welfare and development officer. In the absence of the child's parents,
guardian, or nearest relative, and the local social welfare and development officer, the
investigation shall be conducted in the presence of a representative of an NGO, religious group,
or member of the BCPC.
After the initial investigation, the local social worker conducting the same may do either
of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or
above fifteen (15) but below eighteen (18) years old, who acted without discernment; and
(b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with
discernment, proceed to diversion under the following chapter.

Probation as an Alternative to Imprisonment

The court may, after it shall have convicted and sentenced a child in conflict with the law,
and upon application at any time, place the child on probation in lieu of service of his/her
sentence taking into account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation Law of 1976", is hereby
amended accordingly.

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.
- 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.

PARDON
Is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime
he has committed. It is the power reposed by the Constitution to the President of the
Philippines.
KINDS OF PARDON
a. Absolute Pardon – when the convict is release without any condition;
b. Conditional Pardon – when the release of the convict is subject to certain conditions
that the pardonee must comply with strictly. Otherwise, such pardon will be revoked,
because pardon is a contract with the convict may or may not accept, but once
accepted, he has to abide with the conditions prescribed.

PAROLE
Is a procedure by which prisoners are selected for release on the basis of the individual
response to the correctional institution and the service progress and by which they are provided
with the necessary controls and guidance as they serve the remainder of their sentences within
the free community.

ELEMENTS OF PAROLE
a. That the offender is convicted;
b. That he serves part of his sentence in prison;
c. That he is released before the full expiration of his sentence;
d. That said release is conditional, and
e. That he remains on parole until the expiration of his maximum sentence.

DISQUALIFICATIONS:
a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment;
b. They were convicted of treason, conspiracy, or proposal to commit treason, misprision of
treason, rebellion, sedition or coup d’ etat and piracy or mutiny on the high seas or
Philippine waters;
c. They are habitual delinquents;
d. They escaped from confinement or evaded sentence;
e. They have been on conditional pardon and had violated any of the conditions imposed
by the Board
f. Their sentence do not exceed one (1) year;
g. They are suffering from any mental disorder as proven by the government psychiatrist or
psychologist accredited by the Department of Health;
h. They have pending criminal cases.

AMNESTY
Is a general pardon extended to a group of prisoners and exercised by the President of
the Philippines with the concurrence of Congress. The recipients are usually political offenders.

V. COMMUNITY – The fifth pillar of the CJS

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.[

Examples of Community participation in the Administration of Criminal Justice in our

setting
a. They are the following:
1. The growing interest in the rights and welfare of the victim as shown by the
government with the cooperation of community leaders. Accordingly, R.A. No.
6981, otherwise known as the “Witness protection and Security Act” was
passed and approved on April 24, 1991.
This is to encourage the citizenry to participate in the Criminal Justice System by helping
the government and The community in dealing with crime and criminals.

The Creation of Police-Community Relations

R.A. 6975, created this unit in order to implement plans and programs that will promote
community and citizens’ participation in the maintenance of peace and order and
public safety.[2] It was created to establish harmonious relationship between the
police and the citizen. The community involvement in the criminal justice system
is necessary to show its problems and encourage action for the solution thereof.
It is clear that the police and the citizens need each other to combat and
eradicate criminality.

HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED?

This can be done through:
a. Constant dialogues between seminars to acquaint the barangay tanods and the police
aides of their duties and responsibilities in the performance of their functions in the
community;
b. The police must follow the rule of law on dealing with the citizens by performing their
duties in a humble and efficient manner and by showing the public goodwill

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY
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
Q & A:
1) What is LUPONG TAGAPAMAYAPA?
 It is a body of men created to settle disputes within the barangay level. It is also referred
to as the LUPON.
2) What shall be the composition of 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).
3) Who are qualified to become members of the Lupon?
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.
4) When shall the Lupon be constituted?
The Lupon shall be constituted every three years.
5) What is the term of office of a Lupon member?
A Lupon member shall serve for a period of three years.
6) What is the basic function of the Lupon?
Essentially, the Lupon must provide a forum for matters relevant to the amicable
settlement of disputes for the speedy resolution of disputes.
7) What is PANGKAT TAGAPAGKASUNDO?
It shall act as the conciliation panel. It is also referred to as the PANGKAT.
8) What shall be the composition of 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.
9) When shall the Pangkat be constituted?
The Pangkat shall be constituted whenever a dispute is brought before the Lupon.
10) Who shall appoint the members of the Pangkat?
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.

11) What matters 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;
12) Where shall be the venue for amicable settlement?
a) disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the Lupon of said barangay;
b) those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually
resides;
c) all disputes involving real property or any interest shall be brought in the
barangay where the real property or the larger portion is situated;
d) 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

1) Who may initiate proceedings?
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

2) What shall the Chairman do upon receipt of the complaint?

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.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the

Punong Barangay or Pangkat to amicably settle their disputes

3) What shall the Pangkat do after its constitution?

The Pangkat shall meet not later than three (3) days after their constitution, on the date
set by the Chairman, to hear both parties.
4) Within how may days should the Pangkat settle the dispute?
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.
5) How shall the settlement be made official?
All amicable settlement shall be in writing.
6) Why should parties resort to amicable settlement before going to the police?
Because it is a pre-condition to filing of complaint in court:
“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.”
7) What shall be the effect of the amicable settlement?
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.