CRIMINAL

JUSTICE
SYSTEM
 Definition of terms
 Criminal
= (Criminological point of view) a person who committed a crime.
= (Legal Point of view) a person who has been found guilty by final
judgment by court of competent jurisdiction.
 Justice = can be described in two basic principles: (a) giving what
is due to others, and (b) treating equals equally and unequal
unequally according to their inequality.
 System = refers to a process, procedure or scheme which is to be
undertaken in order to achieve certain ends.
 Criminal Justice vs. Criminology

 Criminal
justice is the study of various
governmental agencies which are
responsible in processing law violators.
(Specifically referring to government agencies in
charge in processing law violators)

 Criminology
entire body of knowledge
regarding crime as a social
phenomenon.
 CRIMINAL JUSTICE SYSTEM
 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.
Models of Criminal Justice
System
 Due Process Model
=the person of the accused is presumed
innocence until proven guilty beyond reasonable
doubt. It is the duty of the prosecution to prove
that the accused is guilty. Rights of an individual
is co-equal with the safety of the public.
 Crime Control Model
= the accused is presumed guilty and it is his
obligation to prove his innocence. The most
important function of the CJS is the protection of
the public.
 Pillars of the Criminal Justice System

United States (LCC) Philippines(LPCCC)

Law Enforcement Law Enforcement

Prosecution
Court
Court

Correction Correction

Community
 CRIMINAL JUSTICE SYSTEM
Law Enforcement Suspect

Prosecution Respondent

Offender Court Accused

Appellant/Petitioner

Correction Convict / Criminal

Pardonee/Parolee/Probationer
Community “Client”
Katarungang Pambarangay
 Major steps in the processing of a
criminal case:
 Report of the crime – Who?
 Pre- arrest investigation
 Arrest
 Booking
 Post-arrest investigation
 Preliminary investigation
 Arraignment and Plea
 Pre-trial
 Trial
 Judgment
 Appeal
FIRST PILLAR: LAW ENFORCEMENT
= The first pillar of the Philippine
Criminal Justice System.
= The initiator of the criminal justice
cycle. Its actions and decisions
essentially control or dominate the
activities or functions of the other
pillars.
= Its primary goal is crime
prevention.
 Various Law Enforcement
 The Philippine NationalAgencies:
Police (P.N.P.)
 The National Bureau of Investigation (N.B.I.)
 The Philippine Drug Enforcement Agency (PDEA)
 The Bureau of Internal Revenue (BIR)
 The Bureau of Customs
 The Land Transportation Office (LTO)
 Metro Manila Development Authority (MMDA)
 others
 Brief History of the Philippine
Policing System
 The institution of police in the
Philippines formally started during
the Spanish period (Guardia Civil).
The establishment of the police
force was not entirely intended for
crime prevention or peacekeeping.
Rather, it was created as an
extension of the colonial military
establishment.
 Ancient Roots
The forerunner of the contemporary
police system was the practice of
barangay chieftains to select able-
bodied young men to protect their
barangay during the night and were not
required to work in the fields during
daytime. Among the duties of those
selected were to protect the properties
of the people in the barangay and
protect their crops and livestock from
wild animals.
Spanish Period
 Carabineros de Seguridad Publica – organized in 1712 for the
purpose of carrying the regulations of the Department of State;
this was armed and considered as the mounted police; years after,
this kind of police organization discharged the duties of a port,
harbor and river police
 Guardrilleros – this was a body of rural police organized in each
town and established by the Royal Decree of 18 January 1836; this
decree provided that 5% of the able-bodied male inhabitants of
each province were to be enlisted in this police organization for
three years.
 Guardia Civil – this was created by a Royal Decree issued by the
Crown on 12 February 1852 to partially relieve the Spanish
Peninsular troops of their work in policing towns; it consisted of a
body of Filipino policemen organized originally in each of the
provincial capitals of the central provinces of Luzon under the
Alcalde Mayor
American Period
The Americans established the United States Philippine
Commission headed by General Howard Taft as its first governor-
general. On January 9, 1901, the Metropolitan Police Force of
Manila was organized pursuant to Act No 70 of the Taft
Commission. This has become the basis for the celebration of the
anniversary of the Manila’s Finest every January 9th.
 Act No 175 – entitled “An Act Providing for the Organization and
Government of an Insular Constabulary”, enacted on July 18, 1901.

 Act No 183 – Creation of the Manila Police Department (MPD), July

31, 1901.

 Act No 255 – the act that renamed the Insular Constabulary into
Philippine Constabulary, enacted on October 3, 1901

 Executive Order 389 – ordered that the Philippine Constabulary be

one of the four services of the Armed Forces of the Philippines,
enacted on December 23, 1940.
Post-American Period

 RA 4864 – otherwise known as the Police Professionalization Act of

1966, enacted on September 8, 1966; created the Police
Commission (POLCOM) as a supervisory agency to oversee the
training and professionalization of the local police forces under the
Office of the President; later POLCOM was renamed into National
Police Commission (NAPOLCOM)
Martial Law Period

PD 765 – otherwise known as the Integration Act of 1975, enacted

on August 8, 1975; established the Integrated National Police (INP)
composed of the Philippine Constabulary (PC) as the nucleus and
the integrated local police forces as components, under the
Ministry of National Defense
transferred the NAPOLCOM from the Office of the President to the
Ministry of National Defense
Post Martial Law Regime
 Executive Order No 1012 – transferred to the city and municipal
government the operational supervision and direction over all INP
units assigned within their locality.

 Executive Order No 1040 – transferred the administrative control

and supervision of the INP from the Ministry of National Defense to
the National Police Commission.
 RA 6975 – otherwise known as the Department of the Interior and
Local Government Act of 1990, enacted on December 13, 1990;
reorganized the DILG and established the Philippine National
Police, Bureau of Fire Protection, Bureau of Jail Management and
Penology and the Philippine Public Safety College

 RA 8551 – otherwise known as the Philippine National Police

Reform and Reorganization Act of 1998, enacted on February 25,
1998; this law amended certain provisions of RA 6975
R.A. 9708 = Amending the
provisions of R.A> 6975 and
R.A. 8551 on the minimum
educational qualifications
for appointment to the PNP
and adjusting the promotion
system, August 12, 2009.
PHILLIPINE NATIONAL POLICE
 organized pursuant to RA 6975, as amended by RA 8551 and
further amended by R.A. 9708.
 a law enforcement agency under the operational control of the
Department of the Interior and Local Government and
administrative supervision of the National Police Commission
 it is an organization that is national in scope and civilian in
character
 headed by the Chief, PNP, with the rank of Director General
Art 16, Sec 6, 1987 Phil. Constitution– There should only be one police
force that is national in scope and civilian in character to be
administer by the National Police Commission.
Duties of Law Enforcement

1. INVESTIGATE the crime

– the police officers, in other
words, collect evidence for
use in the prosecution of the
suspects in court.

2. ARREST suspects

 OBJECTIVES OF LAW ENFORCEMENT/POLICE
1) Crime prevention – the prevention and suppression of crimes
have traditionally been accepted as the primary goal of the local
police forces.
2) Criminal apprehension – it is a police responsibility to identify,
locate and apprehend offenders.
3) Law enforcement – it is the basic responsibility of the police to
enforce the law.
4) Order maintenance – one of the most troublesome
responsibilities of the police.
 5) Public service – because the police is the most visible symbol
of authority, they are called upon to assist in situations like location
of lost persons or properties, to provide VIP, bank and funeral
escorts and other similar duties.
 6) Traffic regulation and motor accident investigation –
The police are expected to ensure road safety for both pedestrians
and motorists and assist in cases of road accidents and
emergencies.
Crime = Desire + Opportunity +
Capability (DOC)
Desire = wanting of a person to
commit the crime.
Opportunity = physical
possibility for the crime to be
committed.
Capability = ability of the
offender to commit the crime
(Methods, skills, tools etc.)
 Police Patrol = The backbone of Police Department. Crime
prevention can be made through Police Omnipresence. Police
Visibility is the primary concerns of the Police Patrol.
 Police Discretion = the exercise of sound judgment in the absence
of order. It is the wise use of one’s own judgment by a law enforcer.
 Custodial Investigation = is a questioning of a person suspected of
having committed an offense administered by an investigator.
-it is the taking of person into
custody so that he may be
bound to answer for the
commission of an offense.
Who may make/execute/effect
arrest?
 Police officer (in both warrantless
and arrest with warrant)
 Private individual (only warrantless
arrest or citizens arrest)
 Members of investigation staff of
the NBI (under RA 157, as
amended)
 Who may
make/execute/effect arrest?
 Bailor (may arrest the accused for the purpose of
surrendering him in court)
 Sheriff or deputy Sheriff (may arrest a witness who
failed to attend and obey subpoena despite proof of
service thereof) (sec. 11, Rule 23)
 Provincial or City Probation officer (may arrest probationer
Who may make/execute/effect
under his care; Sec. 24, PD 968) – If absconding

arrest?
 Commissioner of Land Transportation and his Deputies (are
authorized to make arrest for violation of land insofar as
motor vehicles are concerned; RA 4136, as amended)
 Head of Bureau of Immigration – alien deportation
 When is Warrantless Arrest
Lawful? (Instances of
warrantless arrest)
 a. When in his presence, the
person to be arrested has
committed an offense, actually
committing an offense, or is
attempting to commit an offense.
(Referred to as the in flagrante
delicto rule)
When is Warrantless Arrest
Lawful? (Instances of
warrantless arrest)
 b. When an offense has in fact
just been committed, and he
has personal knowledge of
facts indicating that the
person to be arrested has
committed it. (Referred to as
the “Hot pursuit” arrest rule)
 When is Warrantless Arrest
Lawful? (Instances of warrantless
arrest)
 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
temporarily confined while his case
is pending, or has escaped while
being transferred from one
confinement to another.
When is Warrantless search
Lawful? (Instances of warrantless
search)
1. Warrantless Search incidental to a lawful arrest
(Sec. 13, Rule 126)
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search (vessels/aircraft for violation of
immigration, customs and drug laws);
6. Stop and Frisk; and
7. Exigent and emergency circumstances.
8. Searches of buildings and premises to enforce, fire,
sanitary and building regulations.
Property subject of Search/Seizure
1. Subject of the offense;

2. Stolen or embezzled and other

proceeds or fruits of the offense; or

3. Used or intended to be used as the

means of committing an offense.
 Arrest (Rule 113) Search (Rule 126)
1. Actual restraint/ 1. Search for personal
by voluntary property/bring it before
submission the court.
2. Made w/ or w/o 2. Made w/or w/o
warrant warrant
3. At any time of In the presence of a
the day and night. witness.
4. Validity = no fixed 3. Preferably in daytime
duration but with exemption.
5. Execution = 10 4. Validity/Execution= 10
days days
 Raid = It is a surprise invasion of a building or an area. It is an attack
on small scale or a limited territory.
 Entrapment = it refers to the ways and means of capturing or
trapping a law violators.
 Buy-bust operation = a form of entrapment employed by peace
officers to catch a malefactor in flagrante delicto.
 Instigation = It is a process by which the instigator practically
induces the would be defendant into the commission of the
offense, and himself becomes a co-principal.
 Miranda vs. Arizona, 1966 – “Miranda Rights”,
“Miranda Warning”, Miranda Doctrine
 Article 3, Section 12, and Section 17.
 R.A. 7438 – Law providing for the rights of a
person arrested, detained or otherwise under
custodial investigation.
 R.A. 9745– Anti-Torture law.
 Criminal Investigation = Art and science of
Identifying, locating and tracing law violators
and providing evidence of their guilt.
 Cardinal Rule = 5W & 1H
 Three tools = (3 I’s) Information,
Interview/Interrogation, and Instrumentation
 Re-enactment = is a demonstration by the accused of how he
committed the crime. It is a part of the custodial investigation
therefore, assistance of a counsel if required.
 Police line –up is not considered part of any custodial investigation
and it is conducted before that stage is reached. (De la Torre v.
C.A> 97 SCAD 330, 294 SCRA 196) – 7 persons
 Reconstruction
 Other Law enforcement Agencies:
 National Bureau of Investigation (NBI)
 = Originally it was called the Division of Investigation established
on November 14, 1936, pursuant to Commonwealth Act no. 181.
 = R.A. 157, June 19,1947= reorganized into the Bureau of
Investigation.
 = Executive Order No. 94, October 4, 1947 renamed it the
National Bureau of Investigation.
 Objective: to established and maintain a modern, effective and
efficient investigative service and research agency for the
purpose of implementing fully the principal functions provided
under R.A> 157, as amended (www.nbi.gov.ph).
 “two-pillar rule” in investigation --- Thoroughness and legality.
 Philippine Drug Enforcement Agency (PDEA)
 = it was created by virtue of R.A. 9165, otherwise known as the
Comprehensive Dangerous Drug Act of 2002 which was
approved June 7, 2002 and took effect on July 4, 2002,
amending R.A. 6425 (Dangerous Drug Act of 1972).
 = it is the agency in-charge of enforcing R.A. 9165 which is
under the Administrative supervision of the Dangerous Drug
Board (DDB)-the policy making body.
 Bureau of Internal Revenue (BIR)
 = mandated to assess and collect all national internal
 Revenue taxes, fees and charges and to enforce all
forfeitures, penalties and fines connected therewith, including
the execution of judgments in all cases decided in its favor by
the Court of Tax Appeals (CTA) and the ordinary courts
(www.bir.gov.ph).
 Bureau of Customs (BOC)
 = created by virtue of Act no. 355, known as the Philippine
Customs Administrative Act, February 6, 1902. Later it was
reorganized in October 4, 1987.
 = it assess and collect lawful revenues from imported articles and
all other dues, fees, charges, fines and penalties accruing under
the tariff and Customs Code of the Philippines. It exercise
exclusive jurisdiction over seizure and forfeiture cases under the
Tariff and Customs laws; prevent and suppress smuggling and
fraud in customs administration; supervise and control the
entrance and clearance of vessels, aircrafts engaged in foreign
trade; supervise and control handling foreign mail arriving in the
Philippines; and enforce all other tariff laws, rules and regulation.
 Land Transportation Office (LTO)
 MMDA
 SECOND PILLAR: PROSECUTION
 PROSECUTION
 the course of action or process whereby accusations are brought
before a court of justice to determine the innocence or guilt of the
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 innocence of a person charged with a
crime.
 It may also refer to a party in a criminal case (acting on behalf of
the People of the Philippines –the real party to the case) which is
responsible for instituting criminal action and proving the guilt of the
accused.
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
 one who prosecutes another for a crime in the name of the
government; one who investigates the prosecution upon which an
accused is arrested; one who prepares an accusation against the
party whom he suspects to be guilty.
 an officer of the government whose function is the prosecution of
criminal actions or suits partaking of the nature of criminal actions.

DUTIES OF A PROSECUTOR
 1) to conduct preliminary investigation;
 2) to make proper recommendation during the inquest of the
case referred to them by the police after investigation of the
suspect;
 3) to represent the government or state during the prosecution of
the case against the accused.
What are the functions of
prosecution?

1. Evaluate the police findings referred to

them, or other complaints filed directly
with them by individual person;
2. File corresponding criminal complaints
or information in the proper courts on
the basis of their evaluation on the
proofs at hand; and
3. Prosecute all alleged offenders in
court, in the name of the people of the
Philippines.
Examples of Prosecution
Agencies
 1. National Prosecution service (NPS) – under the
supervision and control of the DOJ and is
tasked as the prosecutorial arm of the
government
 2. Office of the Solicitor General (State
Prosecutor)
 3. Office of the Ombudsman
 4. Offices of the Regional State Prosecutor/
Provincial/City Prosecutor
 R.A. 10071, April 8, 2010, “The Prosecution Service Act of 2010. It
changed the title of the head of the NPS from Chief State
Prosecutor to Prosecutor General.
Who Prosecutes Criminal
Actions?
 All criminal actions must be
prosecuted by the prosecutor,
and in case the complainant hired
a private lawyer to prosecute the
case, he can be under the strict
supervision of the government
prosecutor.
The Prosecution Process

 1. Filing of Complaint

 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 of
the enforcement of the law
violated.
2. Preliminary Investigation

 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 cognizable by the
RTC has been committed and
that the respondent is probably
guilty thereof, and should be held
for trial. (Sec. 1, Rule 112)
 PROBABLE CAUSE
 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
 such facts 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
Objectives of Preliminary
Investigations
 a. to protect the innocent against
hasty, malicious and oppressive
prosecution;
 b. to protect the innocent from
public accusation of a crime, from
the trouble, expense and anxiety
of a public trial; and
 c. to protect the state from useless
and expensive prosecution.
Officers Authorized to
Conduct Preliminary
Investigation
 1. Provincial or City Prosecutors and their
assistants.
 2. National and Regional State prosecutors.
 3. Such other officer as may be authorized by
law like
 a. Chief legal officer of the
COMELEC in prosecuting
election offenses;
 b. The Ombudsman;
 c. Special prosecutor;
 d. Prosecutors duly authorized
by the ombudsman in prosecuting
offenses cognizable by the
Sandiganbayan.
NOTE:

 The authority of the

judges of the Municipal Trial
courts and Municipal Circuit
Trial courts to conduct a
preliminary investigation was
revoked by A.M. 05-8-26-SC
INQUEST

 It is an informal and summary

investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained
without the benefit of a warrant of
arrest issued by the court for the
purpose of determining whether or
not said person should remain under
custody and correspondingly be
charged in court.
3. Filing of an Information

 Information – An accusation in
writing charging a person with an
offense subscribed by the
prosecutor and filed with the
court.
Distinction between a
complaint and information
 a. A complaint
is a sworn
statement by the offended party,
whereas an information need
not be sworn to;
Distinction between a
complaint and information
 b. A complaint is signed by the
offended party, any peace officer
or other public officer charged
with the enforcement of the law
violated, whereas an information
is signed by a public prosecutor.
Distinction between a
complaint and information
 c. A complaint may be filed either
before the prosecutor’s office or
the court, whereas information is
only filed with the court.
Distinction between a
complaint
 d. In certainand information
cases, filing of a
complaint is necessary to
QUEST
conduct preliminary investigation
preparatory to filing of an
information
 Complaint Information
1. Sworn statement 1. Need not be
2. Subscribed by: sworn
offended party, any 2. Subscribed by
peace officer or the prosecutor
public officer in (fiscal).
charged of the 3. Filed with the
enforcement of the court
law violated.
3. Filed to the office of
the prosecutor/court.
4. Arraignment

 Arraignment – the stage of

criminal proceedings, the object is
to determine the identity of the
accused. Then the court read to
him the nature of the charged
against him in the language or
dialect he can understand and
then require him to enter a plea of
guilty or not guilty.
Nolle (Nolle Prosequi)

 is a request made by the

prosecutor to the judge for
approval to terminate further
criminal prosecution against a
suspect.
 Not an acquittal nor pardon
before or after the arraignment.
5. Filing of Bail

 Bail– Is the security given for the

temporary release of the person
in custody of the law.
 Bail may be given in the form of
 a. corporate security
 b. property bond
 c. cash-deposit
 d. recognizance
REQUIREMENT PRIOR TO THE FILING
OF CASE IN COURT

 KATARUNGANG PAMBARANGAY
- It was created by virtue of PD 1508
on June 1978.
- Likewise, RA 7160 (local
Government Code of 1991)
integrated provisions to strengthen
katarungang pambarangay specially
sections 399 – 422.
KATARUNGANG
PAMBARANGAY

- It was created purposely to give

the appropriate barangay
chairman and barangay lupon
officials to amicably settle cases
within their jurisdiction.
Amicable Settlement

– It is the process of solving or

settling disputes in a certain
barangay.
Composition of Katarungang
Pambarangay
 1. Lupong Tagapamayapa
(lupon)
 - It is composed of ten to twenty
members who have been chosen
from respected members of the
barangay.
 2. Pangkat Tagapagkasundo
(Pangkat)
 - It is composed of 3 selected
members among the lupong
tagapamayapa.
Offenses punishable by the
RPC cognizable by the
Lupon
1. Alarms and scandals (Art. 155)
2. Use of false certificates (Art.
175)
3. Concealing one’s true name
and other personal
circumstances (Art. 178, par 2)
Offenses punishable by the
RPC cognizable by the
Lupon
 4. Physical injuries committed in
tumultuous affray (art. 252)
 5. Slight physical injuries and
maltreatment (art. 266)
 6. Other forms of trespass (art.
287)
Offenses punishable by the
RPC cognizable by the
Lupon
 7. Other light coercion or unjust
vexations (art. 287)
 8. Other light threats (art. 285)
 9. Some forms of theft (art. 308,
par 3, and art 309, par 8)
Offenses punishable by the
RPC cognizable by the
Lupon
 10. Altering boundaries or
landmarks (art 313)
 11. Other deceits (art 3180
 12. Arson of property of small
value (art 323)
 13. Social cases of malicious
mischief’s (328)
 14. Other mischief’s (art 329)
Note:

 All these offenses are

punishable by imprisonment not
exceeding 30 days andor fine not
exceeding P200. – A. menor
 Under the New Local Gov’t
code, all offenses punishable by
atleast one year imprisonment
and P5,000 fine is now within the
jurisdiction of the Lupon.
Note:

 Also cognizable by the barangay

are violators of municipal
ordinances, which are similarly
punishable as the above-
mentioned offenses under the
penal code.
 THIRD PILLAR: COURTS
 COURT
 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.
 JUDICIARY
 that branch of the government which is vested with judicial power
 that branch of the government which is empowered to interpret,
construe and apply the laws.
 JUDICIAL POWER
 the power to apply the laws to contests or disputes concerning
legally recognized rights or duties of and between the state and
the private persons or between individual litigants in cases properly
brought before the judicial tribunals.
 vested in one Supreme Court and in such lower courts .
 POWER OF JUDICIAL REVIEW
 the power of the Supreme Court to determine whether laws passed
by Congress and acts of the President are in accord with the
Constitution when the matter is raised
 JUDGE
 a public officer so named in his commission and appointed to
preside over and to administer the law in a court of justice.
 JURISDICTION
 the power and authority of a court to hear, try and decide cases.
 BP 129
= otherwise known as the Judiciary Reorganization Act of 1980 .
 KINDS OF JURISDICTION:
 1) General – when the court is empowered to decide all disputes
which may come before it except those assigned to 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.
 ORGANIZATION AND JURISDICTION OF THE
COURTS
SUPREME COURT
 -composed of a Chief Justice and 14 Associate
Justices
 -shall have administrative supervision over all
courts
 -shall have the power to discipline judges of the
lower courts
 -shall have appellate jurisdiction over cases
decided by the Court of Appeals
 -shall have the power of judicial review
COURT OF APPEALS
 -headed by a Presiding Justice
 -has
appellate jurisdiction over cases
decided by the RTC
 -has the power to order new trial
 REGIONAL TRIAL COURTS
 -presided by a Regional Judge
 -has general jurisdiction over criminal cases
 -has jurisdiction over offenses punishable with imprisonment of six
years and one day and over
 -has appellate jurisdiction over cases decided by the MTC, MTC
and MCTC

 METROPOLITAN TRIAL COURT

 MUNICIPAL TRIAL COURT
 MUNICIPAL CIRCUIT TRIAL COURT
-has jurisdiction over violation of city or municipal ordinances and
offenses punishable by imprisonment not exceeding six years.
SPECIAL COURTS
 1) COURT OF TAX APPEALS
 - created under RA 1125
 - composed of three (3) judges
 - has exclusive appellate jurisdiction to review on appeal decisions
of the Commissioner of the Bureau of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of the
Bureau of Customs involving customs duties
 2) SANDIGANBAYAN
 - created pursuant to PD 1606
 - composed of fifteen (15) Justices
 - 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
 3) SHARIA COURTS
 - created pursuant to PD 1083, otherwise known as the “Code of
Muslim Personal Laws of the Philippines”
 - created as part of the judicial system
 - courts of limited jurisdiction known as the Sharia District Court are
presided by District Judges
 - Sharia circuit trial courts are presided by circuit judges
What is trial and hearing?
 Trial - the process by which the
offended party represented by
the public prosecutor/private
prosecutor to present all their
evidence to prove that the
offense charges was committed
and the accused will also present
his evidence to prove his
innocence.
What trial is and hearing?
 Hearing - a proceeding in which
witnesses are heard and
evidence presented.
- Trial and hearing is the essence
of due process of law

 Due process of law - means the

right to be heard before it
condemns

 Trial proceedings:

 1. preliminary investigation
 2. arraignment and plea
 3. pre – trial
 4. trial proper
 5. judgment
 Pre - trial
– is a conference among litigants
and their respective lawyers made
with the judges for the purpose of
considering a plea bargaining.
 Plea bargaining
– the process whereby the accused
and the prosecution work out a
satisfactory disposition of the case
subject to court approval. It usually
involves the accused pleading guilty
to a lesser offense or to only one or
some counts of several charges in
return for a lighter penalty.
 Ex.

- Theft to attempted or frustrated

theft
 - Attempted homicide to physical
injuries
 DECISION
 the judgment rendered by a court of justice or other competent
tribunals
 JUDGMENT
 the adjudication by the court that the accused is guilty or not guilty of
the offense charged and the imposition of the proper penalty and civil
liability
 it must be written in the official language, personally and directly
prepared by the judge and subscribed by him
 shall contain clearly and distinctly a statement of the facts and the
laws upon which it is based
 CONTENTS OF JUDGMENT
 1) JUDGMENT OF CONVICTION
 -When the judge finds the accused guilty of the
charges against him
 -The legal qualification of the offense constituted by the
acts committed by the accused and the aggravating
or mitigating circumstances which attended its
commission
 -The participation of the accused in the offense,
whether as principal, accomplice or accessory after the
fact
 -The penalty imposed upon the accused
 -The civil liability or damages caused by his wrongful act
or omission to be recovered from the accused by the
offended party unless the enforcement of the civil
liability by a separate civil action has been reserved or
 2) JUDGEMENT OF ACQUITTAL
 - When the judge finds the accused not guilty of the charges
against him.
 - shall state whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely failed to prove his
guilt beyond reasonable doubt.
 PROMULGATION OF JUDGMENT
 by reading in the presence of the accused and any judge of the
court in which it was rendered
 if the judge is absent, the judgment may be promulgated by the
clerk of court
 FOURTH: CORRECTION
 Definition: Is that branch of administration of criminal justice
charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders.
 Penology = a branch of criminology which deals with the
treatments, management and administration of inmates.
 Penalty = the suffering that is inflicted by the state for the
transgression of the law.
 Theories Justifying Penalty
 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.
 Self-Defense – the State punishes the criminal as a measure of self-
defense to protect the society from the threat and wrong inflicted
by the criminal.
 Reformation – the State punishes the criminal to help him reform or
be rehabilitated.
 Exemplarity – the State punishes the criminal to serve as an
example to others and discourage others from committing crimes.
 Justice – the State punishes the criminal as an act of retributive
justice, a vindication of absolute right and moral law violated by
the criminal.
 Judicial Conditions of Penalty
 Judicial and legal – penalty must be imposed by the proper
authority and by virtue of a judgment as prescribed by law.
 Definite – penalty must be specific and exact.
 Commensurate – penalty must be proportional to the gravity or
seriousness of the crime committed.
 Personal – penalty must be imposed only to the person who
actually committed the crime with no substitutes.
 Equal – penalty must be applied to all who committed the offense.
 Prison law – basic law in the Philippines Prison System found in the
Revised Administrative Code.
 Philippine Prison System – patterned after the US Federal Prison
System.
 P.D. 29- the law that classified prisoners.
 Classification of Prisoners
 According to Sentence/place of confinement.
 National or Insular Prisoner – one who is sentenced to serve a prison
term of three years and one day to death.
 Provincial Prisoners – one who is sentenced to serve a prison term of six
months and one day to three years.
 City Prisoners – one who is sentenced to serve a prison term of one day
to three years.
 Municipal Prisoner – one who is sentenced to serve a prison term of one
day to six months.
 According to fine:
 a. National or insular – one who is sentenced to serve a prison
term of three years and one day to death or whose fine is more
than 6,000.00, or both.
 b. City/Provincial prisoner – one who is sentenced to serve a
prison term of six months and one day to three years or whose fine
is less than P6,000.00 but more than P 200.00, or both.
 c. Municipal prisoner – one who is sentenced to serve a prison
term of one day to six months or whose fine is not more than
P200.00, or both.
 3. According to Status
 a. detention prisoners – those held for security reasons,
investigation; those awaiting or undergoing trial and awaiting
judgment.
 b. Sentenced prisoners – those convicted by final judgment and
serving their sentence.
 Prison – institutions for confinement of convicted offenders
sentenced to more than three (3) years of imprisonment.
 - derived from the Greco-Roman word “prisidio”
 - administered by the National Government under the Bureau of
Corrections.
 - also called national prisons and also includes the penal colonies
and penal farms.
 Jails – institutions for confinement of convicted offenders
sentenced to imprisonment of three (3) years or less.
 - institution for the confinement of those still undergoing trial or
awaiting judgment.
 - derived from the Spanish word “jaula” and “caula”
 Provincial jails are administered and supervised by their respective
provincial governor.
 City and municipal jails are administered and supervised by the Bureau
of Jail Management and Penology.
PHILIPPINE PRISON HISTORY

(BSINDSL - C)
1. Bilibid Prison or the Old Bilibid Prison(1847)
- On Oroquieta Street in Manila. It was established in 1847 and
formally opened on April 10, 1866 by a Royal decree
2. San Ramon Prison and Penal Farm
( August 21, 1869)
- Established in Zamboanga City, to confine Muslim rebels and
intractable political prisoners opposed to Spanish rule.
- Composed of 1,414 hectares.
3. Iwahig Prison and Penal Farm
- It was established by Americans in November 1904 .
- Formerly called as The Luhit Penal Settlement.
- The Prison without walls
- Palawan
- Tagumpay Settlement
- 6 hectares homestead lots rewarded for those who will
choose to stay.
Iwahig Sub-colonies (SIMC)

 Sta-lucia
 Inagawan
 Montible
 Central
4. National Bilibid Prison
- Located in Muntinlupa City
- It has 587 hectares

The NPB consists of the following:

a) Main Building
b) Camp Sampaguita
c) and the Camp Bukang Liwayway
5. Davao Penal Colony and Farm
- Opened in 1932 under Act no. 3732
- Located in Tagum, Davao del norte
- TADECO ( Tagum Development Company) Banana
plantation (3000 hectares)
- Tanglaw settlement
- 6 hectares homestead lots rewarded for those who will
choose to stay.
Davao Penal Farm Sub-colonies (PK)
a) Panabo
b) Kapalong
6. Sablayan Penal Colony
- Occidental Mindoro
- Established in September 27, 1954

Four Sub-colonies (CPPY)

a) Central
b) Pusog
c) Pasugui
d) Yapang
7. Leyte Regional Prison
- Abuyog Leyte
- The youngest prison established in Jan. 16, 1973 during time
of Ferdinand Marcos.

8. Correctional Institution for Women (CIW)

- November 27, 1929
- Located in Mandaluyong City
- Total land area is 18 hectares
 Executive Clemency = Collective term for absolute pardon,
conditional pardon, and commutation of sentence.
 = Granted by the chief Executive Officer (President of the
Philippines).
 KINDS OF EXECUTIVE CLEMENCY
 1. Pardon – 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 a crime
he has committed.
 - granted by the President after conviction by final judgment.
 - Extinguishes only criminal liability but not the civil liability.
 Kinds of Pardon:
 a. absolute Pardon- the extinction of
the criminal liability of the individual to
whom it is granted without any
condition and restores to the
individual his civil rights.
 b. Conditional Pardon - the extinction
of the criminal liability of an individual
from the punishment which the law
inflicts for the offense he has
committed, within certain limits or
conditions.
2. - reduction of the sentence, from a
heavier sentence to a less serious one, or from longer prison term to
a shorter one.
- convicted offenders may only be granted commutation of sentence
after serving a portion of their sentence as provided by law.
- reducing the period of imprisonment into shorter period.
3. – an act of sovereign power granting oblivion or general
pardon for the past offense, usually granted in favor of certain
classes of persons who have committed crimes of political character,
such as treason or rebellion.
4. – temporary suspension of the execution of sentence.
 – a method by which a
prisoner who has served a portion of
his sentence is conditionally released
but remains in legal custody, the
condition being that in case of
misbehavior, he shall put back to
prison.
- granted to convicted offenders who
have served a portion of their
sentence as provided by law granted
by the Board of Pardons and Parole.
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
 It is a body of men created to settle disputes within the
barangay level. It is also referred to as the LUPON.
 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). It shall be constituted
every three (3) years.
 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 with the term of three (3)
years.

Essentially, the Lupon must provide a forum for matters relevant to

the amicable settlement of disputes for the speedy resolution of
disputes.
 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 fall under the jurisdiction of the Lupon

 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;
 those involving parties that actually reside or work in the same
barangay;
 those involving marital and family disputes;
 those involving minor disputes between neighbors;
 those involving real properties located in the barangay;
 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.
 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.

 – 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. 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.
– the process whereby disputants
are persuaded by the Punong Barangay or Pangkat to amicably
settle their disputes
 3. 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. 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.
 “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
(Unacknowledge) 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.