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CRIMINAL JUSTICE SYSTEM Lesson Manuscript

INTRODUCTION
CRIMINAL JUSTICE SYSTEM (CJS) is the system or
process in the community by which crimes are
investigated, and the persons suspected thereof are
taken into custody, prosecuted in court and punished
if found guilty, with provision being made for their
correction and rehabilitation.

Institutional Framework
The responsibility for the CJS is primarily with the
national government. The Philippine CJS comprises
of five (5) pillars, namely Law Enforcement,
Prosecution, Courts, Corrections and the Community.
1.
Law Enforcement
Mission. Prevention and control of crimes,
detention/arrest of suspects, investigation and
filing of case, and assisting in prosecution.
Composition. Composed of five (5) major law
enforcement agencies, such as the Philippine
National Police (PNP), National Bureau of
Investigation
(NBI),
Philippine
Drug
Enforcement Agency (PDEA), Bureau of
Immigration and Deportation (BID), and Bureau
of Customs (BOC).
2.
Prosecution
Mission. Conduct preliminary investigation of
cases filed in the prosecutors office and
prosecutes cases filed in the court against
alleged offenders after probable cause is
established.
Composition. Comprises primarily of two
national government agencies, the National
Prosecution Service (NPS), an organic unit of
the Department of Justice and the Office of the
Ombudsman.
3.
Courts
Mission. Adjudication of justice and rendering
judgment.
Composition. The Philippine Judiciary is a fourtiered court system consisting of the Supreme
Court as the highest court of the land; the
intermediate courts consisting of the Court of
Appeals, Sandiganbayan, and Court of Tax
Appeals; the second level courts which consist
of Regional Trials Courts; and the first level
courts comprising of the Metropolitan Trial
Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit
Trial Courts.
4.
Corrections
Mission. Correction, inmates welfare and
development,
rehabilitation,
jail/prison
management, and reintegration.
Composition. Composed of two major and
equally significant components (i) the
institution-based, and (ii) the community based
corrections. The institution-based corrections
comprise of prisons and jails administered by
the Bureau of Corrections of the DOJ, the
Bureau of Jail Management and Penology of
the DILG, and by the local government units
with regard to provincial and sub-provincial
jails. Community-based corrections pertain to
probation and parole. The Bureau of Pardons
and Parole is authorized by law to grant parole
to qualified prisoners. While the Parole and
Probation Administration (PPA) of the DOJ
administers the probation and parole systems
in the Philippines.
5.
Community
Mission. Work with communities and
organized groups in fighting criminality,
collectively impose limitations on citizens
behavior
to
deter
criminality/criminal
behavior, and serve as society at large where a
person convicted of a crime goes back to after
serving his/her sentence.
Composition. Non-Government Organizations
(NGOs), Civil Society Organizations (CSOs),
Commission on Human Rights (CHR),
Department of Social Welfare & Development
(DSWD), Public Attorneys Office (PAO),
Schools/Universities, Church/Religious Groups.

Formal Legal Protection System


The CJS adopts prescribed and established criminal
procedures, rules and regulations. The processes
involved in the investigation and prosecution of
criminal cases comprise the following:

Police Investigation. Done motu propio or upon filing


of complaint in the police station.
Investigation is undertaken through surveillance,
interview of persons with knowledge of facts
directly or indirectly connected with the offense
(including the suspects who consent to be
questioned), entrapment operations, search and
seizure and arrest, interrogation of suspects in
police custody and gathering of physical evidence
on the case.
General rule: No person may be taken into
custody except only by virtue of a warrant of
arrest issued by a competent court. Warrantless
arrest by a peace officer or a private person
(citizens arrest) may only be allowed under the
following circumstances: (i) in flagrante delicto;
(ii) hot pursuit arrest; and (iii) escaped prisoner.
Alleged offenders subject to such arrest are
detained in police lock-up jails for custodial
investigation.
Persons under custodial
investigation have the following Constitutional
rights: (i) to be informed of his right to remain
silent and to have competent and independent
counsel preferably of his own choice; (ii) no
torture, force, violence, threat, intimidation, or
any other means which vitiate the free will shall
be used against him; and (iii any confession or
admission obtained in violation of the foregoing
shall be inadmissible in evidence against him.
Preliminary Investigation. An inquiry or proceeding
to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been
committed and the respondent is probably guilty
thereof, and should be held for trial.
Except in cases of lawful arrest without warrant, a
preliminary investigation is required to be
conducted before the filing of a 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.
Inquest 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 persons should remain under custody and
correspondingly be charged in court.
The inquest proceedings must be terminated
within the period prescribed under the provisions
of Article 125 of the Revised Penal Code, as
amended. The periods prescribed are: (1) 12
hours, for crimes or offenses punishable by light
penalties, or their equivalent; (2) 18 hours, for
crimes or offenses punishable by correctional
penalties, or their equivalent; and (3) 36 hours, for
crimes or offenses punishable by afflictive or
capital penalties, or their equivalent.
Issuance of the Prosecutors Resolution. The
prosecutor has to establish the standard of "probable
cause", meaning that based on the allegations of the
complainant and the respondent, there is reasonable
ground to believe that a crime has been committed,
and that the accused is probably guilty thereof. The
finding of probable cause is contained in a document
called a "resolution".
Filing of the Information in Court . If the reviewing
official (the city or provincial prosecutor) approves of
the resolution, then the proper information is filed in
the proper court. The "information" is a formal
accusation or charge against a person who is believed
to have committed the crime.
If the imposable penalty is below 6 years, then the
case is filed with the Municipal Trial Court. If the
imposable penalty is more than 6 years, then the
case is filed with the Regional Trial Court.
Arrest of the Accused and Posting of Bail. Probable
cause for the issuance of a warrant of arrest is the
existence of such facts and circumstances that would
lead a reasonably discreet and prudent person to
believe that an offense has been committed by the
person sought to be arrested.
The judge determines whether a warrant of arrest
should be issued against the accused.
Before issuing a warrant of arrest, the judge must
satisfy himself that based on the evidence
submitted, there is sufficient proof that a crime
has been committed and that the person to be
arrested is probably guilty thereof.
Bail is the security given for the release of a
person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before
any court. Bail may be given in the form of
corporate surety, property bond, cash deposit, or
recognizance.
Bail cannot be posted before custody of the
accused has been acquired by the judicial
authorities by his arrest or voluntary surrender.

All persons, except those charged with offenses


punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law (Section
13, Article III, 1987 Constitution).
Arraignment (Plea of Guilty or Not Guilty to the
Offense Charged). Arraignment is the actual reading
of the charges against the accused.
Part of the right of the accused to be informed of
the charges against him.
The complaint or information must be read in a
language known to him if the arraignment is to
serve its purpose.
After the charge is read, the accused is asked how
he pleads. His plea must be made personally.
Arraignment and plea is one stage of the criminal
proceedings where the presence of the accused is
not only a duty but is indispensable.
Pre-Trial. Pre-trial in criminal cases has now been
made mandatory.
Accused is merely required to sign the written
agreement arrived at in the pre-trial conference, if
he is in conformity therewith.
Unless otherwise required by the court, his
personal presence at the conference is not
indispensable.
Trial. Violation of Section 1, Rule 119 on preparation
for trial or the total absence of notice of trial, is a
denial of due process and a new trial may be granted.
The present rule enjoins continuous trial.
Non-appearance of the prosecution at the trial,
despite due notice, justifies a provisional dismissal
or an absolute dismissal, depending on the
circumstances.
Sentencing or Judgment. In the case of a capital
offense, (i.e., the possible sentence could be
death or life imprisonment), the complaint has to
be resolved within 90 days from the time that the
case is assigned to the prosecutor. In all other
cases, whether they are cognizable by the
Regional Trial Court or the Municipal Trial Court,
these cases must be resolved within 60 days from
assignment.
The Speedy Trial Act also provides certain time
standards within which the case should be
decided, as follows: (1) from the time of the filing
of the information to arraignment - 30 days; (2)
from the time of arraignment to the first trial day
- 30 days; (3) from the first trial day to the
termination of trial - 180 days; and (4) from the
termination of the trial to the issuance of the
decision - 90 days.
Ideally, a criminal case pending with the lower
courts should take no more than eleven (11)
months to finish, from the time the charge is filed,
to the time that the decision is promulgated.

LAW ENFORCEMENT PILLAR


Law Enforcement Agencies
Law
Enforcement
Agencies
Defined.
Law
enforcement agencies are organizations and offices
of the government that enforces the laws or assists in
the enforcement of the laws as mandated by the law
creating them.
Importance. The law enforcement serves as the
front line of the encounter with the criminals or
those who threaten the social order. They are the
arm of the government charged with the
enforcement of the law. They play a vital role in
enforcing the laws.
Major Law Enforcement Agencies.
1. Philippine National Police. In Philippine setting,
law enforcement has been concentrated in the
hands of the Philippine National Police (PNP).

The powers and functions of the PNP may be


classified into three (3) categories, (i) statutory
powers or those specifically mandated by law
creating the PNP, (ii) regulatory power, and (iii)
such other duties and exercise all other functions
as may be provided by law.
Under RA 6975,the PNP shall be national in scope
and civilian in character.
This agency is directly tasked with the
enforcement of laws, prevention and control of
crimes, maintenance of peace and order and
ensures public safety and internal security.
2. National Bureau of Investigation (NBI). An
investigative agency which is under the
supervision and control of the Department of
Justice.
The premier investigative service and research
agency of the government.
Handles sensational cases which area of great
interest to the nation.
Often called as law enforcement of last resort
because, as a matter of practice, procedure and
mandate, the agency normally forwards
complaints filed by any aggrieved party in their
office to the PNP and only takes over cases when
it is very sensational or heinous or the case or
cases is of great interest to the nation.
It may, at its own discretion, conduct parallel
investigation and may play only a supporting role
to the PNP.
NBIs main objective is the establishment and
maintenance of a modern, effective and efficient
investigative service and research agency for the
purpose of implementing fully principal functions
provided under Republic Act No. 157, as amended.
3. Philippine Drug Enforcement Agency (PDEA).
Created under the mandate of Republic Act No.
9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002.
It is the premier agency of the government which
is tasked to fight and curb illegal drugs in the
country.
4. Bureau of Immigration and Deportation (BID).
Mandated by Philippine Immigration Act of 1940,
as amended, to control and regulate the entry and
stay of aliens to the country.
It also serves as the countrys gateway to the
international community as well as the buffer
point in controlling the entry of unscrupulous
aliens in the country.
5. Bureau of Customs (BOC). Under the auspices of
the Department of Finance (DOF), is mandated to
implement an effective revenue collection,
prevent and suppress smuggling and entry of
prohibited imported goods, supervise and control
over the entrance and clearance of vessels and
aircrafts engaged in foreign commerce and all
other laws, rules and regulations related to tariff
and customs administration.

Law Enforcement and the Rules of Law


RULE ON ARREST
1. Arrest Defined and How Made. Arrest is the
taking of a person into custody in order that he
may be bound to answer for the commission of an
offense.
Arrest is made (a) by an actual restraint of a
person to be arrested, or (b) by his submission to
the custody of the person making the arrest.
Arrest is important to acquire jurisdiction over the
person of the accused.
2. Persons Immune from Arrest. The following are
immune from arrest: (i) diplomatic agent, i.e., the
head or a member of the diplomatic staff of the
mission, members of his family forming part of his
household, members of the administrative and
technical staff of the mission, together with
members of their families, and members of the
service staff (Articles 1[e], 31 and 37, Vienna
Convention on Diplomatic Relations); (ii)
ambassador or public minister of any foreign
State, or any domestic or domestic servant of any
such ambassador or minister (Section 4, RA 75).
(iii) senator or member of the House of
Representatives in all offenses punishable by not
more than six (6) years imprisonment while
Congress is in session (Section 11, Article VI, 1987
Constitution).
3. Execution of the Warrant of Arrest.
It shall be the duty of the officer executing the
warrant to arrest the accused and deliver him to
the nearest police station or jail without
unnecessary delay (Section 3, Rule 113).
Warrant of arrest remains valid until arrest is
effected or the warrant is lifted. The warrant of
arrest itself has no lifespan, as before, and thus
continues until it is served or lifted.
The 10-day period is merely a time limit on the
arresting officer intended to prevent him from
delaying or sleeping on the warrant.

In 10 days, he must make a return, although the


warrant itself remains in force and effect.
4. Warrantless Arrest. A peace officer or a private
person may, without a warrant, arrest a person:
(i) in flagrante delicto arrest; (ii) hot pursuit
arrest; (iii) arrest of escaped prisoner; (iv) rearrest of escaped person; (v) arrest by bondsmen;
(vi) re-arrest of accused released on bail; or (vii)
arrest of conditional pardon violator
5. Method of Arrest
Time of Making Arrest. Arrests may be made on
any day and at any time of the day or night
(113.6).
Territorial Effectivity of a Warrant of Arrest.
Warrants of arrest issued by 1st level courts can
be served anywhere in the Philippines without a
certification by a judge of the Regional Trial Court
(SC Circular No. 14, October 22, 1985).
Arrest with a Warrant
i. Method of Arrest with a Warrant. Officer need
not possess the warrant at the time of the
arrest but after the arrest, if the arrested
person requires, the warrant shall be shown to
him. He informs the person to be arrested of
(a) the cause of the arrest and (b) the fact that
a warrant has been issued for his arrest,
except: (1) when he flees or forcibly resists
before the officer has opportunity to so inform
him, or (2) when the giving of such information
will imperil the arrest. (113.7)
ii. Duty of Arresting Officer with Warrant. Duty
of the officer executing the warrant to arrest
the accused and deliver him to the nearest
police station or jail without unnecessary
delay.
Arrest without a Warrant
i. Method of Arrest without a Warrant. Officer
informs the person to be arrested of (a) his
authority and (b) the cause of the arrest,
unless: (1) the person to be arrested is either
engaged in the commission of an offense, or is
pursued immediately after its commission, (2)
he has escaped, flees, or forcibly resists before
the officer has opportunity to so inform him,
or (3) when the giving of such information will
imperil the arrest. (113.8)
ii. Duty of Person Making an Arrest without a
Warrant. Person making an arrest on legal
grounds shall, without unnecessary delay and
within the time prescribed under Article 125 of
the Revised Penal Code, take the person
arrested to the proper court or judge for
appropriate action.
Method of Arrest by Private Person. A private
person, when making an arrest, shall inform the
person to be arrested of (a) the intention to arrest
him and (b) the cause of the arrest, unless: (1) the
person to be arrested is either engaged in the
commission of an offense, or is pursued
immediately after its commission, or (2) he has
escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so
inform him, or (3) when the giving of such
information will imperil the arrest. (113.9)
Summoning Assistance. Only a peace officer can
summon the assistance of private persons. A
private person cannot. But a peace officer cannot
compel a private person to aid him. The duty of
the private person so summoned is only a moral
duty.
Breaking into and out of the Building or
Enclosure. An arrest warrant does not by itself
permit breaking into a building or enclosure. An
arrest warrant founded on probable cause
implicitly carries with it the limited authority to
enter a dwelling in which the suspect lives, when
there is reason to believe the suspect is within. A
break into any building or enclosure is authorized
only if the person to be arrested is or is
reasonably believed to be, if he is refused
admittance thereto, after he has announced his
authority and purpose. Only an officer effecting
arrest can break into a building and break out
therefrom. Such right is not extended to a private
person even if the purpose of the latter is to make
an arrest. Private individual is exempt from
criminal liability for trespass to dwelling whenever
he has done so for the purpose of rendering
some service to humanity or justice (Art. 280, 3rd
par., Revised Penal Code).
6. Illegal Arrests.

Waiver of Illegal Arrest. Any irregularity attendant


to an arrest is cured when accused voluntarily
submitted himself to the jurisdiction of the Court
by entering a plea of not guilty and by
participating in the trial.
Posting of Bail Not a Waiver. An application for or
admission to bail does not preclude the accused
from challenging the validity of his arrest or the
legality of the warrant issued, or from questioning
the regularity or absence of a preliminary
investigation of the charge against him, provided
that he raises them before entering his plea or
within such period as the Court may allow.
Unlawfulness Does Not Affect Jurisdiction. The
unlawfulness of an arrest does not affect the
jurisdiction or power of the trial court to proceed
in a criminal case. The illegal arrest of an accused
is not sufficient cause for setting aside a valid
judgment rendered upon a sufficient complaint
after trial free from error.
Remedy for Unlawful Arrests. The remedy for
unlawful arrest is habeas corpus. But the illegality
of the warrantless arrest cannot render all the
proceedings, including appellants conviction void.
RULE ON CUSTODIAL INVESTIGATION
1. Custodial Investigation Defined. Questioning
initiated by law enforcement officers after a
person has been taken into custody or otherwise
deprived of his freedom of action in any
significant way.
2. Miranda Rights. Rights available to a person in
custodial investigation, namely: (i) right to
remain silent; (ii) to be told that anything he says
can and will be used against him in court; (iii) right
to consult with and have a lawyer; (iv) If he is
indigent, a lawyer will be appointed to represent
him; (v) Even if the person consents to answer
questions without the assistance of counsel, the
moment he asks for a lawyer at any point in the
investigation, the interrogation must cease until
an attorney is present; and (vi) If the foregoing
warning are not demonstrated, no evidence
obtained as a result of the interrogation can be
used against him.
3. Right of a Person under Investigation. There are
three (3) rights under Article III, Section 12 of the
Constitution, to wit: (i) right to remain silent; (ii)
right to have counsel; and (iii) right to be informed
of these two rights.
4. When Rights can be Invoked. Rights are available
the moment an arrest or detention, with or
without a warrant, is made.
5. When Section 12 (1) Rights End. Section 12 (1)
does not apply to persons under preliminary
investigation or already charged in court for a
crime and therefore already under the protection
of the court.
6. Waiver of Rights. The right of silence and to
counsel cannot be waived except (i) in writing and
(ii) in the presence of counsel.
7. Republic Act No. 7438 on Custodial Investigation
Statement of Policy. Public officer, who is vested
with authority to detain, has the following
obligations in making a warrantless arrest: (1)
arrest the suspect in accordance with Rule 113,
Sec. 5 of the Rules on Criminal Procedure; arrest
without legal grounds is arbitrary detention under
Article 124 of the Revised Penal Code; (2) not use
unnecessary force in making a warrantless arrest;
he is liable for wounds sustained by person being
arrested as a consequence of the use of
unnecessary force; (3) immediately after the
arrest, inform the arrestee of his right to remain
silent and to have a counsel of his own choice,
failure to do so is a violation of RA No. 7438; (4)
deliver arrestee to judicial authority within the
period in Article 125 of the Revised Penal Code (or
RA No. 7438). Failure to do so is arbitrary
detention under Article 125 (or RA No. 7438); (5)
not deprive the arrestee of his right to have a
counsel of his own choice. Deprivation of such
right is a violation of RA No. 7438; and (6) if the

arrestee is a suspect of the crime of terrorism or


conspiracy to commit terrorism, the apprehending
officers has the obligation to notify a judge
regarding such arrest.
Nature and Elements. Custodial investigation
shall include the practice of issuing an invitation to
a person who is investigated in connection with an
offense he is suspected to have committed,
without prejudice to the liability of the inviting
officer for any violation of law. Application of
actual force, manual touching of the body,
physical restraint or a formal declaration of arrest
is not required.
Mandatory Duty of the Arresting Officer. Under
RA 7438, it is mandatory for any officer to inform
the person arrested of his right to avail of the
services of an independent and competent
counsel.
Rights of Persons under Custodial Investigation.
RA No. 7438 is an implement of Article III, Section
12 of the Constitution.
Punishable Acts. What is punishable under first
paragraph of Section 4(a) RA 7438 is the failure to
inform arrestee of his right to remain silent and to
have a counsel. What is punishable under the
second paragraph of Section 4 (a) thereof is
failure to provide counsel if the person arrested
cannot afford the services of a lawyer.
Counsel.
Disallowing a person detained to
communicate with his counsel is punishable under
RA No. 7438.
If the arrestee cannot afford the services of a
lawyer, the arresting officer and the police
investigator must provide a counsel to him.
Failure to provide a counsel is a violation of
second paragraph of Section 4(a) of RA No. 7438.
If the arrestee can afford the services of a
lawyer, arresting officer, police investigator of any
other person must not prevent his counsel from
communicating with him.
Such prevention
constitutes the crime of violation of Section 4(b)
of RA No. 7438.
Offended Party. Offended party in the crime under
RA No. 7438 is a person arrested, detained or under
custodial investigation.
RULE ON SEARCH AND SEIZURE
1. Search Defined. An examination of an individuals
person, house, papers or effects, or other
buildings and premises to discover contraband or
some evidence of guilt to be used in the
prosecution of a criminal action.
2. Search Warrant Defined. An order in writing
issued in the name of the People of the
Philippines, signed by a judge and directed to a
peace officer, commanding him to search for
personal property described therein and bring it
before the court (Section 1, Rule 126).
3. Constitutional Basis. Section 2, Article III of the
1987 Constitution is the safeguard against wanton
and unreasonable invasion of the privacy and
liberty of a citizen as to his person.
4. Requisites of a Valid Search Warrant. They are: (i)
issued upon probable cause; (ii) personal
determination of probable cause by the judge
himself; (iii) determination of the existence of
probable cause must be made after examination
by the judge of the complainant and the witnesses
he may produce; and (iv) warrant must
particularly describe the place to be searched,
and the persons or things to be seized.
5. Where to File an Application. There must be a
nexus between the court either: (i) with the place
where the crime was committed; (ii) judicial
region where the warrant shall be enforced; or
(iii) criminal action had already been filed in court,
the application shall only be made in that court.
6. Range of Enforceability.
The range of
enforceability of a search warrant may be
anywhere in the Philippines for as long as it is the
place described in the search warrant.
7. Who May Issue. Only a judge may issue warrants
of search and arrest, except in cases of

deportation of illegal and undesirable aliens whom


the President or the Commissioner of Immigration
may order arrested.
8. Personal Property to be Seized. A search warrant
may be issued for the search and seizure of
personal property: (i) subject of the offense; (ii)
stolen or embezzled and other proceeds, or fruits
of the offense; or (iii) used or intended to be used
as the means of committing an offense (Section 3,
Rule 126).
9. Probable Cause Required for Search Warrant.
Probable cause for a search is defined as such
facts and circumstances which could lead a
reasonably discreet and prudent man to believe
that an offense has been committed and that the
objects sought in connection with the offense are
in the place sought to be searched.
10. Articles Not Mentioned in Search Warrant May
Not be Seized. Articles not included in the
search warrant may not be seized, except (i)
articles prohibited by a statute
or (ii)
contraband or items declared as illegal per se.
11. Execution and Enforcement
Right to Break Open Door/Window. The officer, if
refused admittance to the place of directed
search after giving notice of his purpose and
authority, may break open any outer or inner door
or window of a house.
Search Made in the Presence of Witnesses. No
search of house, room, or any other premise shall
be made except in the presence of (i) the lawful
occupant; (ii) any member of his family; or (iii)
two (2) witnesses of sufficient age and discretion
residing in the same locality.
Time of Making Search. Search warrants must be
served during the daytime, except for search at
any reasonable hour of the day or night.
12. Validity of Search Warrant. A search warrant
shall be valid for ten (10) days from its date.
Thereafter, it shall be void (Section 10, Rule
126).
13. Challenge on Unreasonableness of Search and
Seizure
Proper Party to Invoke Right. Legality of a search
and seizure can be contested only by the party
whose personal rights were involved.
Right Subject to Waiver.
Immunity from
unwarranted intrusion is a personal right which
may be waived, either expressly or impliedly.
14. Lawful Warrantless Searches and Seizures.(i)
search incidental to a lawful arrest; (ii) search of
motor vehicles (automobile exception); (iii)
warrantless search and seizure under special
laws; (iv) consented search; (v) plain view
search; (vi) stop and frisk; and (vii) searches
based on exigent/ extraordinary circumstances.
EXCLUSIONARY RULE
1. Exclusionary Rule. Principle of excluding evidence
obtained in violation of the constitutional rights of
a person.
2. Purposes of Exclusionary Rule. The two-fold
purpose of the exclusionary rule are: (i)
deterrence (deters unconstitutional action); and
(ii) protects judicial integrity.
3. Situations covered by Exclusionary Rule. These
are: (i) violation of the search and seizure clause;
(ii) violation of the right to the privacy and
confidentiality of private communications; (iii)
violation of the rights of the accused during
investigation by the police; and (iv) violation of
the right against self-incrimination.
4. Two Exclusionary Rules. The 1987 Constitution
provides for two (2) exclusionary rules: (i) total
exclusionary rule in Section 3; and (ii) confession
or admission and violation of right against selfincrimination in Section 12.
5. Fruit of the Poisonous Tree. All evidence (the
fruit) derived from an illegal search (the poisonous
tree) must be suppressed, whether it was
obtained directly through the illegal search itself,
or indirectly using information obtained in the
illegal search.

PROSECUTION PILLAR
An agency of the government which is charged with
the indictment of a person alleged to have violated
the penal laws.

Overview of the NPS


1. Creation and Functions. The National Prosecution
Service (NPS) was created by virtue of Presidential
Decree No. 1275 dated April 11, 1978.
On April 8, 2010, Republic Act No. 10071,
otherwise known as Prosecution Service Act of
2010 was passed by Congress.
It is one of the offices of the Department of
Justice (DOJ) which is primarily responsible for the
investigation and prosecution of all cases involving
violations of penal laws. Thus, the prosecution of
offenders is the mandate of the National
Prosecution Service (NPS).
2. Composition. The National Prosecution Service,
which is under the direct supervision and control
of the Secretary of Justice, is composed of the
Prosecution Staff in the Office of the Secretary of
Justice and such number of Regional Prosecution
Offices, and Provincial and City Prosecutors
Offices.
(i) The Prosecution Staff. Headed by a Prosecution
General. The Prosecution Staff is composed of (i)
5 Senior Deputy State Prosecutors; (ii) 5 Deputy
State Prosecutors; (iii) 35 Senior Assistant State
Prosecutors; (iv) 80 Assistant State Prosecutors;
and (v) 20 Prosecution Attorneys.
The Prosecution Staff, which shall be under the
control and supervision of the Secretary of Justice,
shall have the following functions: (i) assist the
Secretary of Justice in the exercise of his/her
appellate jurisdiction; (ii) conduct the preliminary
investigation and prosecution of criminal cases
involving national security, those for which task
forces have been created, and criminal cases
whose venues are transferred to avoid
miscarriage of justice, all when so directed by the
Secretary of Justice as public interest may require;
(iii) act as counsel for the People of the Philippines
in any case involving or arising from a criminal
complaint investigated by any of its prosecutors
and pending before any trial court; (iv) investigate
administrative charges against prosecutors, other
prosecution officers and members of their
support staff; (v) prepare legal opinions on queries
involving violations of the Revised Penal Code and
special penal laws; and (vi) monitor all criminal
cases filed with the Office of the Prosecutor
General; maintain an updated record of the status
of each case, and adopt such systems and
procedures as will expedite the monitoring and
disposition of cases.
(ii) The Regional Prosecution Office. Headed by a
Regional Prosecutor. The Regional Prosecution
Office is composed of (i) 1 Deputy Regional
Prosecutor; (ii) 1 Senior Assistant Regional
Prosecutor; (iii) 3 Assistant Regional Prosecutors;
and (iv) 1 Prosecution Attorney.
The Regional Prosecutor shall, under the control
and supervision of the Secretary of Justice, have
the following powers and functions: (i) implement
policies, plans, programs, memoranda, orders,
circulars and rules and regulations of the DOJ
relative to the investigation and prosecution of
criminal cases in his/her region; (ii) exercise
immediate administrative supervision over all
provincial and city prosecutors and other
prosecuting officers for provinces and cities
comprised within his/her region.; (iii) prosecute
any case arising within the region; (iv) when so
delegated by the Secretary of Justice, resolve with
finality appeals from or petitions for review of
judgments and orders of provincial and city
prosecutors and their assistants within the region
in cases where the offenses charged are

cognizable by the municipal trial court; (v)


designate a prosecutor from any office of the
provincial or city prosecutor within the region as
Acting Provincial or City Prosecutor to investigate
and prosecute a case in instances where parties
question the partiality or bias of a particular city
or provincial prosecutor or where the city or
provincial
prosecutor
voluntarily
inhibits
himself/herself; and (vi) perform administrative
functions with respect to his/her regional office
and the offices of the provincial and city
prosecutors within his region.
(iii) The Provincial and City Prosecution Office.
Headed by a Provincial/City Prosecutor. The
Provincial and City Prosecution Office is
composed of (i) 1 Deputy Provincial/City
Prosecutor; and (ii) such number of deputies,
assistant and associate prosecutors.

The provincial prosecutor or the city prosecutor


shall: (i) be the law officer of the province or
city; (ii) investigate and/or cause to be
investigated
all
charges
of
crimes,
misdemeanors and violations of penal laws and
ordinances within their respective jurisdictions,
and have the necessary information or
complaint prepared or made and filed against
the persons accused; and (iii) have charge of the
prosecution of all crimes, misdemeanors and
violations of city or municipal ordinances in the
courts at the province or city and therein
discharge all the duties incident to the
institution of criminal actions, subject to the
provisions of the second paragraph of Section 5
hereof.
(iv) Special Counsels. Positions of Special Counsels
may be created by any province or city, subject
to the approval of the Secretary of Justice,
whenever the exigencies of the service require
to assist provincial and city fiscals (prosecutors)
in the discharge of their duties. The Secretary of
Justice shall appoint said Special Counsels, upon
recommendation of the provincial or city fiscal
and regional state prosecutors concerned, either
on permanent or temporary basis.
Prosecution of Offenses: Rules and Principles
1. Parties in a Criminal Action
(i) Offended Parties to a Crime. When a person
commits a crime, he offends two entities: (i) the
SOCIETY in which he lives in or the POLITICAL
ENTITY called the STATE whose law he had
violated; and (ii) the INDIVIDUAL member of that
society whose person, right, honor, chastity or
property was actually or directly injured or
damaged by the same punishable act or omission.
(ii) Duty of Prosecutor. The duty of a prosecutor
during preliminary investigation is (i) to find
evidence to warrant continuation of the criminal
process against an accused, and (ii) to protect the
innocent from hasty, expensive and useless trials.
2. Inquest. An informal and summary investigation
conducted by a public prosecutor in a criminal
case involving persons arrested and detained
without the benefit of a warrant of arrest for the
purpose of determining whether or not said
persons should remain under custody and
correspondingly be charged in court (Sec. 1, DOJ
Circular No. 61 dated September 21, 1993).
3. Prosecution of Offenses
Institution of Criminal Action. The complaint or
information shall be in writing, in the name of the
People of the Philippines and against all persons who
appear to be responsible for the offense involved
(Section 2, Rule 110 of the Revised Rules of Criminal
Procedure, as amended).
Complaint. A sworn written statement charging a
person with an offense, subscribed by the
offended party, any peace officer, or other public
officer charged with the enforcement of the law
violated (Section 3, Rule 110 of the RRCP).

Information. An accusation in writing charging a


person with an offense, subscribed by the
prosecutor and filed with the court (Section 4,
Rule 110 of the RRCP).
Procedure for Institution of Criminal Actions
For offenses where a preliminary investigation:
By filing the complaint with the proper officer for
the purpose of conducting the requisite
preliminary
investigation.
Preliminary
investigation is required to be conducted before
the filing of a compliant 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.
For all other offenses: by filing the complaint or
information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor.
Who Must Prosecute Criminal Actions. All criminal
actions commenced by a complaint or information
shall be prosecuted under the direction and control
of the prosecutor.
In Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or
to the case is not available, the offended party,
any peace officer, or public officer charged with
the enforcement of the law violated may
prosecute the case. This authority shall cease
upon actual intervention of the prosecutor or
upon elevation of the case to the Regional Trial
Court.
5. Prosecutors Discretion in Prosecuting a Criminal
Action. Prosecutor has the discretion on what
case to file against a particular respondent. He
has the discretion whom to prosecute. The court
cannot compel the prosecuting attorney to
prosecute or file a criminal information within a
certain period of time, otherwise, it constitutes a
violation of separation of powers embodied and
enshrined by the Constitution.
6. Preliminary Investigation. An inquiry or
proceeding to determine whether there is
sufficient ground to engender a well-founded
belief that a crime has been committed and the
respondent is probably guilty thereof, and should
be held for trial
When and When Not Required. A preliminary
investigation is required to be conducted before
the filing of a 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.
A preliminary investigation is not required (i)
where the penalty is below 4 years, 2 months, and
1 day; or (ii) when a person is lawfully arrested in
flagrante delicto unless he waives his right under
Article 125 of the Revised Penal Code.
Nature and Purpose of Preliminary Investigation.
The objectives of a preliminary investigation are
(i) to free respondent from the inconvenience,
expense, ignominy and stress of defending
himself/herself in the course of a formal trial, and
(ii) to protect the state from the burden of the
unnecessary expense and in holding trials arising
from false, frivolous or groundless charges.
Right to preliminary investigation is a personal
right, which may be waived expressly or impliedly
as by failure to demand such right or by nonappearance at the investigation.
Absence of a preliminary investigation does not
affect the jurisdiction of the court or invalidate
the information if no objection was raised by the
accused.
Objection to the lack of preliminary investigation
must be made before entry of the plea and the
court, instead of dismissing the information, must
remand the case for preliminary investigation.
Preliminary Investigation is Not a Part of the Trial.
The dismissal of the charges during preliminary
investigation is not equivalent to a judicial
pronouncement of acquittal.
As preliminary
investigation is not a part of the trial, the dismissal of
the case by the investigator will not constitute
double jeopardy and will not bar the filing of another
complaint for the same offense, but if re-filed, the
accused is entitled to another preliminary
investigation.

Officers Authorized to Conduct Preliminary


Investigation.
Under the Rules of Court, the
following may conduct preliminary investigation: (i)
Provincial or City Prosecutors and their Assistants; (ii)
National and Regional State Prosecutors, and; (iII)
Such other Officers as may be authorized by law
(Section 2, Rule 112 of the RRCP).
Procedure in Preliminary Investigation.
The
procedures are: (I within ten (10) days after the filing
of the complaint, the investigating officer shall either
(a) dismiss it if he finds no ground to continue with
the investigation, or (b) issue a subpoena to the
respondent attaching to it a copy of the complaint
and its supporting affidavits and documents; (ii)
within ten (10) days from receipt of the subpoena
with the complaint and supporting affidavits and
documents, the respondent shall submit his counteraffidavit and that of his witnesses and other
supporting documents relied upon for his defense;
(iii) if the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counter-affidavits
within the ten (10) day period, the investigating office
shall resolve the complaint based on the evidence
presented by the complainant; (iv) the investigating
officer may set a hearing if there are facts and issues
to be clarified from a party or a witness; (v) the
hearing shall be held within ten (10) days from
submission of the counter-affidavits and other
documents or from the expiration of the period for
their submission; (vi) hearing shall be terminated
within five (5) days; and (vii) within ten (10) days
after the investigation, the investigating officer shall
determine whether or not there is sufficient ground
to hold the respondent for trial.
Executive Determination of Probable Cause. The
determination of probable cause during a preliminary
investigation is a function that belongs to the public
prosecutor.
It is an executive function, the
correctness of the exercise of which is a matter that
the trial court itself does not and may not be
compelled to pass upon.
7. Role of the Prosecution and the Defense Counsel
Role of Public Prosecutor. The prosecution of
offenses is a public function. It is the bounden duty
of the prosecutor is not only to assure conviction of
the guilty but also to see to it that the innocent be
acquitted.
Role of Private Prosecutor. (i) As to the civil aspect
of the case: a private prosecutor is a private counsel
hired by a party to prosecute the case against the
erring person who violated and transgressed his or
her rights. (ii) As to the criminal aspect of the case:
should the aggrieved party choose to hire a private
prosecutor to prosecute his cause, the latter may
request in writing for the issuance of the authority by
the Regional State Prosecutor to prosecute the
criminal action.
Role of the Ombudsman. Vested with the power to
investigate complaints against a public officer or
officer on its own initiative, even without a formal
complaint lodged before it. It can inquire into acts of
government agencies and public servants based on
reports in the media and those which come to his
attention through sources other than a complaint.
Role of the Private Defense Counsel. The role of a
defense counsel is to examine, investigate, attack and
defend as zealously as the prosecutor prosecutes. An
accused may exercise his right to counsel by electing
to be represented either by a (i) court-appointed
lawyer (counsel de oficio) or (ii) one of his own choice
(counsel de parte).
Public Attorneys Office. Public attorneys office is an
attached agency of the Department of Justice which
provides free legal assistance to indigent litigants in
criminal cases and non-commercial civil disputes.

COURTS PILLAR
A body to which the public administration of justice is
delegated. It is an entity or body upon which judicial
power is vested.

Philippine Court System


1. Judicial Power. Judicial power shall be vested not
only in the Supreme Court but in such lower
courts as may be established by law. The
Supreme Court is the only constitutional court, all
the lower courts being of statutory creation.
Judicial power authorizes the courts of justice to
(i) settle actual controversies involving conflicting
rights; or (ii) to review the discretion of the
political departments of the government.
2. Independence of the Judiciary. To maintain the
independence of the judiciary, the following are
Constitutional safeguards: (1) the Supreme Court,
being a constitutional body, cannot be abolished
nor may its membership or the manner of its
meetings be changed by mere legislation; (2)
members of the Supreme Court may not be
removed except by impeachment; (3) the
Supreme Court may not be deprived of its
minimum original and appellate jurisdiction; (4)
appellate jurisdiction of the Supreme Court may
not be increased by law without its advice and
concurrence; (5) appointees to the judiciary are
nominated by the Judicial and Bar Council; (6) the
Supreme Court now has administrative
supervision over all lower courts and their
personnel; (7) the Supreme Court has exclusive
power to discipline judges of lower courts; (8)
members of the Supreme Court and all lower
courts have security of tenure, which cannot be
undermined by a law reorganizing the judiciary;
(9) they shall not be designated to any agency
performing quasi-judicial or administrative
functions; (10) salaries of judges may not be
reduced during their continuance in office; (11)
judiciary shall enjoy fiscal autonomy; (12) the
Supreme Court alone may initiate rules of court;
(13) only the Supreme Court may order the
temporary detail of judges; and (14) the Supreme
Court can appoint all officials and employees of
the judiciary.
3. Hierarchy or Organization of Courts.
The
Philippine Judicial System consists of a hierarchy
of courts resembling a pyramid with the Supreme
Court at the apex.
(i) Supreme Court
Composition. The Supreme Court shall be composed
of a Chief Justice and fourteen (14) Associate
Justices.
Qualifications. (1) Natural-born citizen of the
Philippines; (2) at least forty (40) years of age; (3)
must have been a judge of a lower court or engaged
in the practice of law in the Philippines for fifteen
(15) years of more; and (4) be a person of proven
competence, integrity, probity and independence.
Appointment. Appointed by the President from a list
of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no
confirmation.
Exercise of Powers and Functions. Court exercises its
judicial functions and its powers of administrative
supervision over all courts and their personnel
through the Court En Banc and its three (3) Divisions
composed of five (5) justices (Chairman and
Associate Justices.
Term and Tenure of Office. Holds office during good
behavior until they reach the age of seventy (70)
years or become incapacitated to discharge the
duties of their office.
(ii) Court of Appeals
Composition. The Court of Appeals shall consist of a
Presiding Justice and sixty-eight (68) Associate
Justices.
Qualifications. (1) Natural-born citizen of the
Philippines; (2) at least forty (40) years of age; (3)
must have been a judge of a court of record for at
least ten (10) years or has been in active actual
practice of law before the civil courts for the same
period; and (4) be a person of proven competence,
integrity, probity and independence

Appointment. Appointed by the President from a list


of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no
confirmation. Appointments issued within 90 days
from submission of list.
Exercise of Powers and Functions. Court of Appeals
shall exercise its powers, functions, and duties
through twenty-three (23) divisions, each composed
of three (3) members. The court may sit En Banc for
the purpose of exercising administrative, ceremonial
or other non-adjudicatory functions.
Term and Tenure of Office. Shall hold office during
good behavior until they reach the age of seventy
(70) years or become incapacitated to discharge the
duties of their office.
(iii) Sandiganbayan and Court of Tax Appeals
Composition. SANDIGANBAYAN: The Sandiganbayan
is composed of a Presiding Justice and twenty (20)
Associate Justices (See RA 10660 dated April16,
2015). COURT OF TAX APPEALS (CTA): Composed of
a Presiding Justice and eight (8) Associate Justices
Qualifications. SANDIGANBAYAN: (1) Natural-born
citizen of the Philippines; (2) at least forty (40) years
of age; and (3) a judge of a court of record or has
held office requiring admission to the bar as a prerequisite for at least ten (10) years. CTA: Same
qualifications as those provided for under existing
laws for the Presiding Justice and Associate Justices
of the Court of Appeals.
Appointment. SANDIGANBAYAN: Appointed by the
President of the Philippines. CTA: Appointed by the
President upon nomination by the JBC
Exercise
of
Powers
and
Functions.
SANDIGANBAYAN: The Sandiganbayan shall exercise
is adjudicatory powers, functions and duties through
its seven (7) Divisions. It sits En Banc for the exercise
of its administrative, ceremonial and nonadjudicatory functions. CTA: The CTA may sit En Banc
of in three (3) Divisions, each Division consisting of
three (3) Justices. Five (5) justices shall constitute a
quorum for sessions en banc and two (2) justices for
sessions of a Division
Term and Tenure of Office. SANDIGANBAYAN: Shall
not be removed from office except on impeachment
upon the grounds and in the manner provided for in
the Constitution. CTA: Shall hold office during good
behavior until they reach the age of seventy (70), or
become incapacitated to discharge the duties of their
office, unless sooner removed for the same causes in
the same manner provided by law for members of
the judiciary of equivalent rank.
(iv) Regional Trial Court
Composition. There are hereby created thirteen (13)
Regional Trial Courts, one for each of the judicial
regions (JR).
1stJR: 57; 2ndJR: 32; 3rdJR: 75; NCJR: 172; 4thJR: 82;
5thJR: 55; 6thJR: 63; 7thJR: 46; 8th JR: 33; 9th JR: 24;
10th JR: 32; 11th JR: 29; 12th JR: 20
Qualifications. (1) Natural-born citizen of the
Philippines; (2) at least thirty-five (35) years of age;
(3) engaged in the practice of law in the Philippines
or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable
requisite for at least ten (10) years; and (4)
be
a person of proven competence, integrity, probity
and independence.
Appointment. Appointed by the President from a list
of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no
confirmation. Appointments issued within 90 days
from submission of list.
Exercise of Powers and Functions. The Supreme
Court shall define the territory over which a branch
of the Regional Trial Court shall exercise its authority.
The territory thus defined shall be deemed to be the
territorial area of the branch concerned for purposes
of determining the venue of all suits, proceedings or
actions, whether civil or criminal, as well as
determining the MeTCs, MTCs, MCTCs over the said
branch may exercise appellate jurisdiction.
Term and Tenure of Office. Shall hold office during
good behavior until they reach the age of seventy
(70) years or become incapacitated to discharge the
duties of their office.
(v) Metropolitan/Municipal/Municipal
Circuit
Trial Courts
Composition. There shall be created a Metropolitan
Trial Court (MeTC) in each metropolitan area
established by law, a Municipal Trial Court (MTC) in
each of other cities or municipalities, and a Municipal
Circuit Trial Court (MCTC) in each circuit comprising
such cities and/or municipalities as are grouped
together pursuant to law.
Qualifications.
(1) Natural-born citizen of the
Philippines; (2) at least thirty (30) years of age; (3)
engaged in the practice of law in the Philippines or
has held a public office in the Philippines requiring
admission to the practice of law as an indispensable

requisite for at least five (5) years; and (4) be a


person of proven competence, integrity, probity and
independence.
Appointment. Appointed by the President from a list
of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no
confirmation. Appointments issued within 90 days
from submission of list.
Exercise of Powers and Functions. The Supreme
Court shall constitute Metropolitan Trial Courts
(MeTCs) in such other metropolitan areas as may be
established by law whose territorial jurisdiction shall
be co-extensive with the cities and municipalities
comprising the metropolitan area. The Supreme
Court shall determine the city or municipality where
the Municipal Circuit Trial Court (MCTC) shall hold
sessions.
Term and Tenure of Office. Shall hold office during
good behavior until they reach the age of seventy
(70) years or become incapacitated to discharge the
duties of their office.
(vi) Sharia Court
Composition. Sharia District Courts and Sharia
Circuit Courts are courts of limited jurisdiction which
shall exercise powers and functions in accordance
with Title I, Book IV of PD 1083.
Qualifications. SHARIA DISTRICT JUDGE: In addition
to the qualifications for judges of the Regional Trial
Court, the Sharia judge should be learned in Islamic
law and jurisprudence. SHARIA CIRCUIT COURT: (1)
Natural-born citizen of the Philippines; (2) at least 25
years of age; and (3) has passed Sharia and Islamic
jurisprudence exam.
Appointment. Appointed by the President of the
Philippines.
Exercise of Powers and Functions. The territorial
jurisdiction of each of the Sharia District Courts and
Shari'a Circuit Courts shall be fixed by the Supreme
Court on the basis of geographical contiguity of the
municipalities and cities concerned and their Muslim
population.
Term and Tenure of Office. Shall be appointed to
serve during good behavior until they reach the age
of sixty-five (65), or become incapacitated to
discharge the duties of their office, unless sooner
removed for the same causes and in the same
manner as RTC/MTC judges.
4. Jurisdiction of Courts
Jurisdiction Defined. Jurisdiction is the authority to
hear and determine a cause or the right to act in a
case. It may be: (i) General: when it is empowered to
decide all disputes which may come before it, except
those assigned to other courts; (ii) Limited: when it
has authority to hear and determine only a few
specified cases; (iii) Original: when it can try and
decide a case presented for the first time; (iv)
Appellate: when it can take a case already heard and
decided by a lower court removed from it by appeal;
(v) Exclusive: when it can try and decide a case which
cannot be presented before any court; (vi)
Concurrent: when any one of two or more courts
may take cognizance of a case; (vii) Criminal: that
which exists for the punishment of crime; or (viii)
Civil: that which exists when the subject matter is not
of a criminal offense.
Jurisdiction in Criminal Cases: Preliminary
Considerations.
Criminal Jurisdiction Defined. Authority to hear
and try a particular offense and impose the
punishment for it.
Elements of Jurisdiction.
The elements of
jurisdiction are: (1) nature of the offense and/or
penalty attached thereto; and (2) commission of
the offense within the territorial jurisdiction of the
court. Non-concurrence of the two (2) elements
may be challenged by an accused at any stage of
the proceedings in the court below or on appeal.
Failing in one of them, a judgment of conviction is
null and void.
Requisites for its Valid Exercise. For a court to
have exclusive or concurrent jurisdiction to try the
case, it is essential that it must have (1)

jurisdiction over the offense, and (2) jurisdiction


over the person of the accused.
JURISDICTION OVER THE OFFENSE is conferred by
law. The jurisdiction of a court to try a criminal
action is determined by the law in force at the
time of the institution of the action.
JURISDICTION OVER THE PERSON OF THE
ACCUSED is acquired either by his arrest or by his
voluntary appearance in court.
Determination of Jurisdiction. The jurisdiction of
a court in criminal cases is determined by the
allegations of the complaint or information.
Extent of Jurisdiction. Once jurisdiction has been
acquired, the court retains it until the final
termination of the case.
5. Bail
Bail Defined. Bail is the security given for the release
of a person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter
specified.
Forms of Bond. Bail may be given in the form of (1)
corporate surety, (2) property bond, (3) cash deposit,
or (4) recognizance. (114.1)
Conditions of Bail. The conditions of bail are: (1) the
undertaking shall be effective upon approval, and
unless cancelled, shall remain in force at all stages of
the case until promulgation of the judgment of the
Regional Trial Court, irrespective of whether the case
was originally filed in or appealed to it; (2) the
accused shall appear before the proper court
whenever required by the court of these Rules; (3)
the failure of the accused to appear at the trial
without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and (4)
the bondsman shall surrender the accused to the
court for execution of the final judgment.
When Bail a Matter of Right and a Matter of
Discretion. Bail is a MATTER OF RIGHT: for noncapital offenses. Bail is a MATTER OF DISCRETION: (1)
upon conviction by RTC of an offense not punishable
by death, reclusion perpetua or life imprisonment; or
(2) for capital offenses, when evidence of guilt is not
strong.
Where to File the Application for Bail. Generally, the
bail application is filed with the court where the case
is pending (court which issued the warrant of arrest)
(a) if the case is pending before the inferior court,
either for preliminary investigation or for trial, then
that court may admit the case for bail; or (b) if the
case is pending before the RTC for trial, the
application shall be made in that RTC.
When Bail is Reduced or Not Required. When the
person has been detained for the maximum possible
sentence: immediate release without bail. When the
person has been detained for the minimum period
imposable by law on the offense: release on a
reduced bail or on personal recognizance.
Actions on the Bond. The actions on the bond are:
(i) Release on Bail. Accused must be discharged
upon approval of the bail by the judge with whom
it was filed.
(ii) Release on Recognizance. A person in custody for
a period equal to or more than the minimum of
the principal penalty prescribed for the offense
charged, without application of the Indeterminate
Sentence Law or any modifying circumstance,
shall be released on a reduced bail or on his own
recognizance, at the discretion of the court.
(iii) Increase or Reduction of Bail. After the accused
is admitted to bail, the court may, upon good
cause, either increase or reduce its amount.
(iv) Forfeiture of Bail Bond. If the accused is not
produced on the date of trial specified, the court
issues an order of forfeiture and arrest of the
accused. Justifiable reasons for the nonproduction or non-appearance of the accused
are (1) an act of God (e.g. death), (2) an act of
the law (e.g. abolition of the court), or (3) an act
of the obligee-government (e.g. the accused was
arrested for another offense).

(v) Cancellation of Bail Bond. Upon APPLICATION of


the bondsmen, with due notice to the prosecutor,
the bail may be cancelled upon (a) surrender of
the accused or (b) proof of his death. The bail shall
be deemed AUTOMATICALLY CANCELLED upon (c)
acquittal of the accused, (d) dismissal of the case,
or (e) execution of the judgment of conviction.
(vi) After Final Judgment. No bail shall be allowed
after a judgment of conviction has become final.
If before such finality, the accused applies for
probation, he may be allowed temporary liberty
under his bail.
6. Arraignment and Plea
Arraignment Defined. The actual reading of the
charges against the accused. This is part of the right
of the accused to be informed of the charges against
him. Thus, the complaint (if inferior court) or
information (RTC or inferior court) must be read in a
language known to him if the arraignment is to serve
its purpose.
After the charge is read, the accused is asked how
he pleads. His plea must be made personally.
The accused must be present at the arraignment
and must personally enter his plea. Both
arraignment and plea shall be made of record, but
failure to do so shall not affect the validity of the
proceedings. (116.1b).
When the accused refuses to plead or makes a
conditional plea, a plea of not guilty shall be
entered for him. (1a)
When the accused pleads guilty but presents
exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be
entered for him. (n)
Plea of Guilty.
(i) Plea of Guilty to a Lesser Offense.
At
arraignment, the accused, with the consent of
the offended party and prosecutor, may be
allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in
the offense charged. After arraignment but
before trial, the accused may still be allowed to
plead guilty to said lesser offense after
withdrawing his plea of not guilty. No
amendment of the complaint or information is
necessary. (Sec. 4, Circ. 38-98) (116.2)
(ii) Plea of Guilty to a Capital Offense. When the
accused pleads guilty to a capital offense, the
court shall conduct a searching inquiry into the
voluntariness and full comprehension of the
consequences of his plea and shall require the
prosecution to prove his guilt and the precise
degree of culpability. The accused may present
evidence in his behalf. (116.3)
(iii) Plea of Guilty to a Non-Capital Offense. When
the accused pleads guilty to a non-capital
offense, the court may receive evidence from
the parties to determine the penalty to be
imposed. (116.4)
(iv) Withdrawal of Improvident Plea of Guilty. At
any time before the judgment of conviction
becomes final, the court may permit an
improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilty. (116.5)
Suspension of Arraignment. Upon motion by the
proper party, the arraignment shall be suspended in
the following cases: (i) accused appears to be
suffering from an unsound mental condition which
effectively renders him unable to fully understand
the charge against him and to plead intelligently; (ii)
there exists a prejudicial question; or (iii) a petition
for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the
Office of the President.
7. Pre-Trial. Pre-trial in criminal cases has now been
made mandatory. Accused is merely required to
sign the written agreement arrived at in the pretrial conference, if he is in conformity therewith.
Unless otherwise required by the court, his
personal presence at the conference is not
indispensable.
8. Trial. The present rule enjoins continuous trial. To

warrant a postponement due to absence of a


witness, it must appear (i) that the witness is really
material and appears to the court to be so; (ii) that
the party who applies for postponement has not
been guilty of neglect; (iii) that the witness can be
had at the time to which the trial has been deferred;
and (iv) that no similar evidence could be obtained.
The non-appearance of the prosecution at the trial,
despite due notice, justifies a provisional dismissal, or
an absolute dismissal, depending on the
circumstances.
Order of Trial. The trial shall proceed in the
following order: (1) prosecution shall present
evidence to prove the charge and, in the proper
case, the civil liability; (2) accused may present
evidence to prove his defense and damages, if
any, arising, from the issuance of a provisional
remedy; (3) prosecution and the defense may, in
that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of
justice, permits them to present additional
evidence; (4) upon admission of evidence of the
parties, the case shall be deemed submitted for
decision unless the court directs them to argue
orally or to submit written memoranda. When the
accused confesses to having committed the act
constituting the crime, but alleges a justifying or
exempting circumstance, then the order of trial
can be reversed and he can be made to present
evidence of his justification or exemption.
9. Judgment. Judgment is the adjudication by the
court that the accused is guilty or not guilty of the
offense charged and the imposition on him of the
proper penalty and civil liability, if any. (120.1)
Form of Judgment. 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 it is based. (120.1)
Contents of a Judgment of Conviction. If the
judgment is of conviction, it shall state: (1) legal
qualification of the offense constituted by the acts
committed by the accused and the aggravating or
mitigating circumstances which attended its
commission; (2) participation of the accused in
the offense, whether as principal, accomplice, or
accessory after the fact; (3) penalty imposed upon
the accused; and (4) civil liability or damages
caused by his wrongful act or omission to be
recovered from the accused by the offended
party, if there is any.
Contents of a Judgment of Acquittal. If the
accused is acquitted, the judgment must state: (1)
whether the evidence absolutely fails to prove this
guilt or only that it fails to do so beyond
reasonable doubt; and (2) whether the act or
omission from which the civil liability may arise
does not exist.
Promulgation of Judgment.
Whether the
judgment is of conviction or acquittal, the accused
must be present during its promulgation. There
are two (2) ways of promulgating the judgment:
(1) if the accused (or his attorney in light offenses)
is present, it is promulgated by reading the
judgment in his presence; or (2) if the accused is
absent, the judgment is promulgated by its being
recorded in the criminal docket and a copy being
served on the accused or his counsel.
Modification of Judgment. Only the accused can
ask for reconsideration or modification of a
judgment of conviction. A judgment in a criminal
case, except where the death penalty is imposed,
becomes final (and executory): (1) after the lapse
of the period for perfecting an appeal, (2) when
the sentence has been partially or totally satisfied
or served, or (3) when the accused has waived in
writing his right to appeal, or has applied for
probation.
Entry of Judgment. A judgment of acquittal is
immediately final upon its promulgation and
cannot be withdrawn by another order
reconsidering the dismissal of the case, nor can it

be modified except to eliminate something which is


civil or administrative in nature. Thus, it is entered
right away.
10) Sentencing
Judgment and Sentence Explained. Judgment is the
adjudication by the court that the accused is guilty or
not guilty of the offense charged and the imposition
on him of the proper penalty and civil liability, if any.
(120.1) Sentencing involves a judicial determination
of the appropriate punishment for a specific crime.
Penalties in General.
Penalty Defined. In its general sense, PENALTY
signifies pain; in its juridical sphere, PENALTY
means the suffering undergone, because of the
action of society, by one who commits a crime.
Hence, PENALTY is imposed only after a conviction
in a criminal action.
Constitutional Limitations on Penalties. Excessive
fines shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted. Death penalty
shall not be imposed, unless, for compelling
reasons involving heinous crimes. Congress shall
provide for it (Sec. 19, Article III, 1987 Philippine
Constitution).
What Penalties May be Imposed. Only the
penalty provided by law prior to the commission
of a felony. The exception to this rule is a penalty
modified by a law subsequent to the commission
of the crime which favors the offender, except if
the latter is a habitual delinquent or when the law
otherwise provides.
Classification, Duration and Computation of
Penalties.
(i) Under the Revised Penal Code. Under the
Article 25 of the Revised Penal Code: (1)
PRINCIPAL: that provided by law for a felony
and which is imposed by the court expressly
upon conviction; or (2) ACCESSORY: that
deemed included in the imposition of the
principal penalty.
(ii) Classification of Principal Penalties.
According to their DIVISIBILITY: (1) Indivisible:
those which do not have fixed duration, like
death, reclusion perpetua, perpetual absolute
or special disqualification, public censure, or
(2) Divisible: those which have a fixed duration
and are always divisible into three periods,
namely: maximum, medium, and minimum,
like prision mayor.
According to their GRAVITY: (1) Afflictive
reclusion perpetua, (2) Correctional arresto
mayor, or (3) Light public censure.
According to SUBJECT MATTER: (1) Deprivation
of Freedom reclusion perpetua, (2)
Restriction of Freedom destierro, (3)
Deprivation of Rights suspension, or (4)
Pecuniary fine.
(iii) Scale of Penalties.
PRINCIPAL PENALTIES
Afflictive Penalties:
Reclusion Perpetua
Reclusion Temporal
Perpetual
or
Temporary
absolute
disqualification
Perpetual
or
Temporary
special
disqualification
Prision Mayor
Correctional Penalties:
Prision Correccional
Arresto Mayor
Suspension
Destierro
Light Penalties:
Arresto Menor
Public Censure
Penalties Common to the Three Preceding Classes:
Fine and Bond to Keep the Peace
ACCESSORY PENALTIES
Perpetual
or
temporary
absolute
disqualification
Perpetual
or
temporary
special
disqualification

Suspension from public office, the right to vote


and be voted for, the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and
proceeds of the offense
Payment of Costs
(iv) Duration of Penalties.
Reclusion Perpetua after serving 30 years,
he may be pardoned
Reclusion Temporal 12 years, 1 day to 20
years
Prison Mayor and Temporary Disqualification
6 years, 1 day to 12 years
Prision Correccional, Destierro, Suspension
6 months, 1 day to 6 years
Arresto Mayor 1 month, 1 day to 6 months
Arresto Menor 1 day to 30 days
Bond to Keep the Peace such period of time
as the court may require
Note: Temporary disqualification or suspension if
imposed as an accessory penalty duration is the
same as that of the principal penalty.
If the penalty imposed is reclusion perpetua, the
convict may be pardoned after serving the penalty of
30 years. This is not mandatory. However, the
longest term of imprisonment cannot exceed 40
years (Art. 70).

CORRECTIONS PILLAR
The Corrections Pillar is concerned with the
rehabilitation and reintegration of offenders into the
mainstream of society, upholding their human rights
and dignity through speedy legal and administrative
processes and provision of scientific and spiritual
programs.

Institution Based Corrections


Philippine Correctional System. The correctional
system comprises of the institutions, mechanisms
and interventions relative to the confinement of
convicted offenders and detention of those awaiting
trial, as well as the process of rehabilitation through
probation, pardon and parole. The corrections
system specifically aims at safekeeping prisoners and
rehabilitating those who are qualified, mainstreaming
them again in the society as law-abiding citizens.
1. Bureau of Corrections. The Bureau of Corrections
(BuCor) is an integral bureau of the Department of
Justice (DOJ) mandated to carry out the
institutional rehabilitation program of the
government for national offenders (those who
were sentenced to more than three years of
imprisonment), and to ensure their safe custody.
Its mission is to protect society through humane
confinement and effective rehabilitation of
criminal offenders.
Mandate. The BuCor is specifically mandated to
undertake the following functions: (1) confine
persons convicted by the court to serve a
sentence in national prisons; (2) keep prisoners
from committing crimes while in custody; (3)
provide humane treatment to the inmates by
supplying them their basic needs and
implementing a variety of rehabilitation programs
designed to change their pattern of criminal or
anti-social behavior; and (4) engage in agroindustrial projects for the purpose of developing
prison lands and resources into productive bases
or profit centers, developing and employing
inmate manpower skills and labor, providing
prisoners with a source of income and
augmenting the Bureaus yearly budgetary
appropriations.
Structural Organization.
The Bureau of
Corrections shall be headed by a Director who
shall be assisted by two (2) Assistant Directors,
one for Administration and Rehabilitation and one
for Prisons and Security. The Director and

Assistant Directors of the Bureau shall be appointed


by the President upon recommendation of the
Secretary. The Bureau shall carry out its functions
through its divisions and its seven (7) penal
institutions namely New Bilibid Prisons,
Correctional Institution for Women, Iwahig, Davao,
San Ramon and Sablayan Prisons and Penal Farms
and the Leyte Regional Prisons.
2. Provincial Jail. Provincial jails shall be under the
supervision and control by the provincial
government within its jurisdiction. There is a
provincial jail in every province, which is under the
supervision and control of the Provincial
Government (Office of the Governor).
A
provincial jail keeps convicted offenders with a
prison sentence that ranges from six (6) months
and one (1) day to three (3) years.
3. Bureau of Jail Management and Penology.
Bureau of Jail Management and Penology (BJMP)
shall exercise supervision and control over all city
and municipal jails nationwide.
Mandate. The BJMP exercises administrative and
operational control over all city, district and
municipal jails nationwide and its clientele are: (1)
detainees temporarily confined thereat awaiting
final judgment; (2) detainees subject to or
undergoing a criminal investigation; or (3)
convicted and serving sentence three (3) years
and below.
4. Bureau of Child and Youth Welfare. Regional
Youth Rehabilitation Centers are residential
facilities that provide care and rehabilitation to
juvenile in conflict with the laws. These are
attached and under the control and supervision of
the Bureau and Youth Welfare of the Department
of Social Welfare and Development.
Classification of Prisoners. The general classification
of prisoners according to his sentence and place of
commitment are: (1) National Prisoners these are
prisoners who are sentenced to imprisonment of
more than three (3) years. They shall be committed
to the penitentiaries of the Bureau of Corrections; (2)
Provincial Prisoners these are prisoners sentenced
to imprisonment that ranges from six months and
one day to three (3) years. They shall be committed
to the provincial jail; or (3) City or Municipal
Prisoners these are prisoners sentenced to
imprisonment of not more than six (6) months and
shall be committed to the city or municipal jails.

Non-Institution Based Corrections


Agencies in Community-Based Corrections
1. Parole and Probation Administration.
The
present adult probation system is instituted under
PD 968 dated July 24, 1976, to promote the
correction and rehabilitation of an offender by
providing him with personalized, communitybased treatment; provide an opportunity for his
reformation and reintegration into the
community, and prevent the commission of
offenses. A Probation Administration was likewise
created under PD 968 to administer the probation
law. The Probation Administration was
restructured into the Parole and Probation
Administration
(PPA)
under
EO
292
(Administrative Code of 1987) dated July 25, 1987,
giving it an added responsibility of supervising
prisoners released on parole or are granted
pardon with parole conditions.
Mandate and Functions. The PPA is mandated to
administer the parole and probation system of the
country to decongest jails, reduce recidivism and
provide savings to the government. The PPA is
specifically mandated to undertake the following
functions: (1) administer the parole and probation
system; (2) exercise general supervision over all
parolees and probationers; and (3) promote the
correction and rehabilitation of offenders.
Organizational Structure and Jurisdiction. The
PPA is headed by an Administrator who is

appointed by the President of the Philippines and


who acts as the Executive Officer that exercises
supervision and control over all probation officers,
heads the agency.
An Assistant Probation
Administrator, who is likewise appointed by the
President of the Philippines, assists the
Administrator. The central office structure of the
PPA consists of seven divisions. The field structure
of PPA consists of 15 Regional Parole and
Probation Offices, 202 Provincial/City Parole and
Probation Offices 13 Sub-Provincial/City Parole
and Probation Offices, and 73 Extension Offices.
2. Board of Pardons and Parole. Originally called
the Board of Indeterminate Sentence, the Board
of Pardons and Parole (BPP) was created under
Act 4103, as amended, on December 5, 1933 to
implement the provisions of the Act, which
provides for the indeterminate sentence and
parole for all persons convicted by the courts of
certain crimes.
Mandate and Functions. The BPP is specifically
mandated to grant parole to qualified prisoners;
recommend to the President of the Philippines
the grant of commutation of sentence, conditional
pardon and absolute pardon to ex-convicts; and
assist in the rehabilitation of parolees and
pardonees.
Organizational Structure. The BPP is composed of
the DOJ Secretary as the Chairman and four (4)
members appointed by the President of the
Philippines with the consent of the Commission
on Appointment, who hold office for a term of six
years. The law requires that three members of
the Board must each be trained sociologist, a
clergyman or educator, psychiatrist (unless a
trained psychiatrist has been employed by the
Board). The 50-man working staff headed by an
Executive Director and a Deputy Executive
Director provides support services to the Board.
These personnel complement of the Board are
assigned to its three divisions Investigation,
Supervision, and Technical.
Non-Institution (Community) Corrections
(1) Probation
Probation Defined. A disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation officer
(Section 3, Presidential Decree No. 968, Probation
Law of 1976 promulgated on July 24, 1976).
Purposes. The purposes of probation are: (1) to
promote the correction and rehabilitation of an
offender by providing him with individualized
treatment under the guidance of a trained
probation officer; (2) to promote an opportunity
for the reformation of a penitent offender which
might be less probable if he were to serve a prison
sentence; and (3) to prevent the commission of
another offense.
Disqualified Offenders. The Probation Law of
1976 applies to ALL OFFENDERS, except: (1) those
sentenced to serve a maximum term of
imprisonment of more than six (6) years; (2) those
convicted of subversion or any crime against
national security or the public order; (3) those
who have previously been convicted by final
judgment of an offense punished by imprisonment
of not less than one (1) month and one (1) day
and/or a fine of not less than Two Hundred Pesos;
(4) those who have been once on probation under
the provisions of PD No. 968, as amended; (5)
those serving sentence when the Probation Law
took effect; (6) those whose conviction is on
appeal; (7) those convicted of violation of Election
Code; (8) those convicted of violation of Wage
Rationalization Act; and (9) those convicted of
violation of Section 24 of the Comprehensive
Dangerous Drugs Act of 2002.
How and Where Initiated and Filed.
An
application for probation shall be filed with the
Trial Court which has jurisdiction over the case
(Section 4, PD No. 968).

Effect of Appeal. The filing of the application shall


be deemed a waiver of the right to appeal
(Section 4, PD No. 968).
Effect of Violation of Conditions. Trial Court
issues a warrant for the arrest of the erring
probationer. Probationer is then brought before
the Trial Court for a summary hearing where he
may be admitted to bail pending such hearing. If
serious violation is established during the hearing,
Trial Court may order (1) continuance of the
probationers probation; (2) modification of his
probation conditions; or (3) revocation of
probation.
Effect on Civil and Administrative Liability.
Probation affects only the criminal aspect of the
case. The suspension of the sentence imposed on
the accused who is granted probation HAS NO
BEARING ON HIS CIVIL LIABILITY. The civil action
for the civil liability is separate and distinct from
the criminal action. The criminal action is separate
and distinct from the administrative case.
Probation affects only the criminal aspect of the
case, not its administrative dimension.
Effect on Accessory Penalties.
Accessory
penalties are deemed suspended once application
for probation is given due course. During the
period of probation, the probationer is not
disqualified from running for a public office
because the accessory penalty is put on hold for
the duration of the probation.
(2) Parole
Parole Defined. The conditional release of an
offender from a correctional institution after he
serves the minimum term of his prison sentence
under the continued custody of the State and
under conditions that permit his reincarceration if
he violates a condition for his release.
Purposes. The purposes of parole are: (1) to uplift
and redeem valuable human material to economic
usefulness; and (2) to prevent unnecessary and
excessive deprivation of personal liberty (Rule 1.1,
2006 Rules on Parole).
Eligible Offenders. A parole case shall be eligible
for review by the Board of Pardons and Parole if
the prisoner (1) is confined in prison or jail to
serve an indeterminate sentence, the maximum of
which exceeds one (1) year, pursuant to a final
judgment of conviction, which has become final
and executory; and (2) has served the minimum
period of said sentence.
Disqualified Offenders.
The Indeterminate
Sentence Law does not apply to (1) those
convicted of an offense punished with the death
penalty, reclusion perpetua or life imprisonment;
(2) those convicted of treason, conspiracy or
proposal to commit treason or espionage; (3)
those convicted of misprision of treason,
rebellion, sedition or coup detat; (4) those
convicted of piracy or mutiny on the high seas or
Philippine waters; (5) those who are habitual
delinquents; (6) those who escaped from
confinement or evaded sentence; (7) those who
having been granted conditional pardon by the
President of the Philippines shall have violated any
of the terms thereof; (8) those whose maximum
term of imprisonment does not exceed one (1)
year or those with definite sentence; (9) those
suffering from any mental disorder as certified by
a government psychiatrist/psychologist; (10)
those whose conviction is on appeal and has not
yet become final and executory; (11) those who
have pending criminal case/s; (12) those national
prisoners serving sentence in a municipal, city,
district or provincial jail unless the confinement in
said jail is in good faith or due to circumstances
beyond the prisoners control; (13) those guilty of
terrorism; and (14) those guilty of rape (i) with
homicide, (ii) when the victim is under 18 yrs old
and the offender is a parent, ascendant,
stepparent, guardian, relative by consanguinity or
affinity within the third civil degree, or the
common-law spouse of the parent of the victim,

or (iii) when the victim is under the custody of the


police or military authorities or any law enforcement
or penal institution.
How Initiated and Where Filed. Board (BPP) may
review a parole case (1) motu proprio, or (2) upon
petition filed by, or on behalf of, a prisoner.
Effect of Appeal. The convict could not avail for
himself of parole if his conviction is on appeal, or
has not yet become final and executory.
Effect of Violation of Conditions. The parolee,
who violates the conditions of his parole, shall be
rearrested and recommitted or returned to prison
to serve the unexpired portion of the maximum
period of his sentence (See People v. Abesamis,
G.R. No. 140985, August 28, 2007).
Effect on Civil Liability. Accused-appellants civil
liability subsists despite his release on parole.
Effect on Accessory Penalties.
The accessory
penalties of the law which have not been
expressly remitted therein shall subsist (Rule 3.18,
2006 Rules on Parole).
(3) Pardon
Pardon Defined. An act of grace proceeding from
the power entrusted with the execution of the
laws (President) which exempts the individual on
whom it is bestowed from the punishment the law
inflicts for a crime he has committed (De Leon v.
Director of Prisons, 31 Phil 60).
Purpose. The purpose of pardon is to afford a
remedy, it has always been thought essential in
popular governments to vest, in some authority
other than the courts, the power to ameliorate or
avoid particular judgments.
Eligible Offenders.
For Conditional Pardon:
Prisoner should have served at least one-half (1/2)
of the maximum of the original indeterminate
and/or definite prison term.
For Absolute
Pardon: Prisoner should have served his
maximum sentence or granted final release and
discharge or court termination or probation.
Disqualified Offenders. Board shall not favorably
recommend petitions for pardon of the following
prisoners: (1) those convicted of evasion of
service of sentence; (2) those who violated the
conditions of their conditional pardon; (3) those
who are habitual delinquents or recidivists; (4)
those convicted of kidnapping for ransom; (5)
those convicted of violation of RA No. 6425
(Dangerous Drugs Act of 1972), RA No. 9165
(Comprehensive Dangerous Drugs Act of 2002),
and other drug related offenses except those
convicted only of use and/or possession of
prohibited or regulated drugs; (6) those convicted
of offenses committed under the influence of
drugs; (7) those whose release from prison would
pose a threat to the public safety or would
constitute a danger to society; and (8) those
suffering from dementia or insanity.
How Initiated and Where Filed. Board may
consider cases for pardon upon (1) petition, or (2)
referral by the Office of the President, or (3) motu
proprio (See Section 2, Amended Guidelines for
Recommending Executive Clemency).
Effect of Appeal. Application (for pardon), if one is
made, should not be acted upon or the process
toward its grant should not be begun unless the
appeal is withdrawn. Agencies or instrumentalities
of the Government concerned must require proof
from the accused that he has not appealed from
his conviction or that he has withdrawn his
appeal. The acceptance of the pardon shall not
operate as an abandonment or waiver of the
appeal, and the release of an accused by virtue of
a pardon, commutation of sentence, or parole
before the withdrawal of an appeal shall render
those responsible therefor administratively liable
(People v. Rocha, G.R. No. 173797, August 31,
2007).
Effect of Violation of Conditions. The Board shall
recommend to the President the pardonees
arrest or recommitment after determination that
he violated conditions of his conditional pardon.

If the pardonee violates any of the conditions of


his pardon, he will be prosecuted criminally as a
pardon violator. Upon conviction, the accused will be
sentenced to serve an imprisonment of prison
correccional (minimum term).
However, if the
penalty remitted by the granting of such pardon be
higher than six (6) years, the pardonee will be made
to serve the unexpired portion of his original
sentence (Art. 159, RPC).
Criminal and administrative remedies are not
mutually exclusive and may be successively availed of
by the President for the punishment of the violator of
the conditional pardon (Culanag v. Director of
Prisons, 20 SCRA 1123).
Effect on Civil Liability. It does not discharge the
civil liability of the convict to the individual he has
wronged.
Effect on Administrative Liability. Since the
Constitution did not make a distinction between
criminal and administrative penalties, the Court
considered clemency for administrative penalties
as included in clemency for serious criminal
penalties.
Effect on Accessory Penalties. (1) It removes
penalties and disabilities and restores him to his
full civil and political rights; and (2) it does not
restore offices, property, or rights vested in
others in consequence of the convictions. A
pardon shall not work the restoration of the right
to hold public offices or the right to suffrage
unless such right be expressly restored by the
terms of the pardon.

COMMUNITY PILLAR
The community is considered as the most important
pillar of the Philippine Criminal Justice System. It is the
central institution of crime prevention, the stage on
which all other pillars of criminal justice system perform.
The participation of the community, as one of the five
pillars of criminal justice system, is crucial.
The community pillar collectively imposes limitations on
individual behavior of citizens that deter criminality and
criminal behavior for the common good of civilized and
democratic society. Institutions such as the barangays,
government agencies, legislative bodies, the academe,
and religious and civic organizations, among others, are
involved in this pillar.

Barangay Justice System


Concept of Barangay Justice System.
The
Katarungang Pambarangay or Barangay Justice
System is a community-based dispute settlement
mechanism that is administered by the basic political
unit of the country, the barangay. As a communitybased mechanism for dispute resolution, it covers
disputes between members of the same
city/municipality and involves the Punong Barangay
or Lupon members as intermediaries, either as
mediators, conciliators, or arbitrators.
Legal Basis of the Barangay Justice System. The
establishment and operation of the Barangay Justice
System is mandated initially in 1978 by Presidential
Decreee 1508 and Batas Pambansa Blg. 337 or the
1983 Local Government Code, and later, by Republic
Act No. 7160 or the Local Government Code of 1991.
Objectives. The law had the following objectives: (1)
to promote the speedy administration of justice; (2)
to minimize the indiscriminate filing of cases in
courts; (3) to minimize the congestion of court
dockets and thereby enhance the quality of justice
dispensed by the courts; and (4) to perpetuate and
recognize the time-honored tradition of amicably
settling disputes at the community level.
Overview of the Barangay Justice System. (1) The
main strategy for settling disputes is to provide a
venue for the disputing parties to search for a
solution that is mutually acceptable. (2) The primary
role of the system is not to decide disputes and
impose a solution on the parties but to assist the
parties in discussing the possible amicable settlement
of their disputes. (3) The personal appearance and
participation of the disputing parties is necessary,
which the non-appearance of the parties will have
corresponding sanctions. (4) Disputes involving nonnatural persons like corporations are not subject to
the conciliation proceedings of the Barangay Justice
System. (5) The Barangay Justice System provides an
alternative mode for dispute resolution to the costly
and lengthy process of settling disputes in regular
courts. (6) The technical processes and rules that are
usually applied in court proceedings are not applied.
(7) In the Barangay Justice System, however, the
parties do not need to secure the services of lawyers.
In fact, the law prohibits the participation of lawyers
in the conciliation proceedings. (8) It is compulsory

for the parties to go through the BJS proceedings


first, for covered cases, before going to court as their
failure would result to the dismissal of the parties
claim or counterclaim.
(1) Mediation
Authority and Power of the Punong Barangay to
Mediate. The Punong Barangay has the authority or
power to mediate cases of the residents in the
barangay.
Cases Under the Katarungang Pambarangay. All
disputes, civil and criminal in nature where parties
actually reside in the same city or municipality are
subjected to proceedings of amicable settlement.
Cases or Disputes Not Covered by
Barangay
Conciliation. (1) cases/disputes involving a juridical
person or corporation; (2) offenses involving
government entity; (3) offenses with maximum
penalty of 1 year and exceeding fine P5,000; (4)
offenses with no private party; (4) real properties in
different cities or municipalities; or (5) disputes that
need urgent legal action, labor disputes, land
disputes and action to annul judgment upon a
compromise.
Instances When the Parties May Go Directly to
Court. (1) Where the accused is under police custody
or detention. (2) Where a person has otherwise been
deprived of personal liberty calling for habeas corpus
proceedings. (3) Actions coupled with provisional
remedies such as preliminary injunction, temporary
restraining orders, attachment, replevin, etc. (4)
Where the action may be barred by the Statute of
Limitations (the law that bars the filing of an action
after a prescribed period). (5) Labor disputes arising
from an employer-employee relationship, or disputes
arising from the Comprehensive Agrarian Reform
Law. (6) Any class of disputes which the President
may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
Steps in Mediating Cases. (1) Complainant, with the
assistance of the Lupon Secretary, fills up KP Form 7
(Complaint Form) and pays a minimal filing fee to the
Barangay Treasurer. (2) Within 3 days, the Punong
Barangay should issue a Notice of Hearing to the
complainant and summon the respondent, both of
whom should appear in the Barangay Office. (3)
Complainants failure to appear without justifiable
cause will result to the dismissal of the complaint,
and eventually, he cannot file a case in court. He can
also be punished/reprimanded for indirect contempt.
(4) If the Respondent cannot also appear without
justifiable cause, his/her counterclaim, if there is any,
will be dismissed and he will be barred from filing in
court and be punished for indirect contempt of court.
If the respondent does not appear, the case will be
referred to the Pangkat Tagapagkasundo. (5) If both
parties appear, the Punong Barangay will act as
mediator and will listen to them carefully and help
them find the solution within 15 days. (6) It is
important for the Punong Barangay to explain the
process and objectives of the mediation and the rules
to be observed during the mediation. (7) Punong
Barangay should give each party the time to explain
their side without interruption from the other party.
Ask questions and involve both parties in looking for
the solution of their disputes. (8) If the parties reach
a settlement, it should be put into writing, in a
language or dialect known to the parties. (9) After
10 days, the settlement will be executory and it has
the force and effect of a decision of a court. (10) In
case the settlement was reached through fraud,
threat or intimidation, any party can protest the
settlement within 10 days. (11) The respondent can
voluntarily comply with the settlement within 5 days.
If he fails, then, his property as prescribed by law
could be taken.
(2) Conciliation
If the mediation has failed, the parties still have to go
to the conciliation proceedings.
Constitution of the Pangkat Tagapagksundo. The
Punong Barangay will constitute the Pangkat within
15 days from the last day of the mediation
proceedings. The Pangkat Members shall come from
the Lupon and will be chosen by both parties, the
complainant and respondent. If the parties fail to
agree on the Pangkat membership, the Lupon
Chairperson will determine the 3 members by
drawing lots to be distributed to the members of the
Pangkat. Upon constitution, the Pangkat members
shall elect a chairperson and a secretary.
Relationship, bias, interest or other similar grounds
discovered after the constitution of the Pangkat can
be grounds for disqualification of a Pangkat member.
The Pangkat shall resolve the matter by majority
vote. Its decision on this matter is final. If the
Pangkat decides to disqualify any of its members, the
parties should agree on a common choice for the
replacement. If they fail to agree, the Lupon
Chairperson shall fill the resulting vacancy by drawing
lots. In case of vacancy due to other causes, the
Punong Barangay or the Lupon Chairperson shall in a
similar manner, fill such vacancy should the party fail

to agree on a common choice.


Steps in Conciliation. (1) The Pangkat shall meet to
hear both parties, explore possibilities for amicable
settlement within 15 days which can be extended for
another 15 days in a meritorious case and issue
subpoena of witnesses whenever necessary. (2) If
any of the party fails to appear, the Pangkat
Chairperson shall set a date for the absent party or
parties to appear before him to explain the reasons
for his failure to appear at the hearing. (3) If the
Pangkat Chairperson finds after hearing that the
failure to appear of the complainant is without
justifiable reason, he shall: (a) dismiss the complaint;
(b) direct the issuance of and attest to the
certification to bar the filing of action in court or any
government offices; and (c) apply with the local trial
court for punishment of the recalcitrant party for the
indirect contempt of court. (4) For the respondent,
the Pangkat shall (a) dismiss the respondents
counterclaim; (b) direct the issuance of and attest to
the certification to bar the filing of respondent
counterclaim in court or government office; (c) to file
complainants action in court or any government
office and fill up KP Form 20 (Certificate to File
Action). (5) The Pangkat Chairperson shall apply, in
similar manner, for the punishment of a witness who
willfully fails or refuses to appear as for indirect
contempt of court. (6) If the Pangkat is successful in
the conciliation, an amicable settlement shall be put
into writing in a language or dialect known to them,
and attested to by the Lupon Chairman or the
Pangkat Chairman. It has the force and effect of a
final judgment of a court after ten (10) days from the
date of amicable settlement, unless a protest or
repudiation of the settlement is made. (7) The
Pangkat Secretary shall prepare transmittal of
settlement to the appropriate court and fills up a
Transmittal Form. (8) If the supposed settlement was
affected adversely by fraud, violence, or intimidation,
any of the involved parties can repudiate the
settlement within ten (10) days from the date of the
settlement by filing with the Lupon Chairperson or
Pangkat a statement to that effect sworn before him.
Failure to repudiate the settlement within ten (10)
days shall be deemed a waiver of the right to
challenge on said grounds. (9) Should settlement fail
despite all efforts to conciliate, a certification to file
action (Form No. 21) shall be filled up, attesting that
no conciliation or settlement has been reached as
certified by the Pangkat Secretary and signed by the
Pangkat Chairman. The certification to file action
shall be submitted to the corresponding court or
government office for filing of an appropriate case.
(3) Arbitration
In arbitration, parties agree to be bound by a decision
of a third person or body in place of a regularly
organized tribunal.
When Arbitration Takes Place. Arbitration can take
place at any stage of the proceedings as long as both
parties agree in writing to abide by the Arbitration
Award of the Lupon or the Pangkat.
Who Acts As Arbitrator. Either the Lupon
Chairperson or Punong Barangay or the Pangkat
Chairperson can act as an Arbitrator. The Arbitrator
is given the power to render decisions on the dispute
with a prior agreement of the parties to be bound by
it.
Steps in Arbitration. (1) Filing of the complaint with
the Office of the Punong Barangay and payment of
filing fee.
(2) If the parties agree to submit
themselves to the arbitration process at any stage of
mediation and conciliation, the conduct of an
arbitration hearing can take place immediately. (3)
After filling up the Agreement of Arbitration, the
parties are given five (5) days to withdraw from such
agreement by filling up a sworn statement stating his
reasons that such agreement was obtained through
fraud, violence and intimidation, if such is the case. In
such case, then it follows that there is no use to
proceed with the case in the Lupon. The case should
be forwarded to the Court by issuing a Certificate to
File Action and allow the complainant to bring the

case to the court. If there is no repudiation, then the


hearing may proceed. (4) Set the hearing and notify
the parties of the hearing via a Notice of Hearing and
Summon. (5) If any of the parties wilfully and
unjustifiably fail to appear, the complainants
absence will result in the outright dismissal of the
complaint and he shall be barred from filing action in
court. On the other hand, if the respondents
absence is found to be wilful and unjustified, then the
Punong Barangay can issue a Certificate to File Action
and Certificate to Bar Counterclaim in favor of the
Complainant. (6) The Arbiter calls the complainant to
present his case together with his evidence. (7)
When a witness is necessary, he is summoned to
testify before the proceeding (using KP Form 13). (8)
The Arbiter calls the respondent to present his
defense, present evidences and witnesses, in the
manner afforded to the complainant. (9) After the
parties have completed their presentation, the case
is closed for resolution/decision. At this stage,
adjudicative trial is completed. (10) The Arbitration
Award is just like an amicable settlement put into
writing in a language or dialect known to both parties
and attested to by the Lupon or Pangkat chairperson.
(11) The Punong Barangay is given fifteen (15) days
from the date of last hearing to evaluate and issue
the Arbitration Award. The Secretary shall furnish a
copy of the Arbitration Award to the parties within
five (5) days. (12) Parties are given ten (10) days to
nullify the decision. After ten (10) days, the Decision
becomes final and executory.
Execution of the Amicable Settlement. The amicable
settlement has the force and effect of a final
judgment of a court upon the expiration of the 10day period of repudiation and this may be enforced
by execution by the Lupon within six (6) months from
the date of settlement. After the lapse of such time,
the settlement may be enforced by filing a motion in
the Municipal Trial Court of the place where the
settlement was made. The actual execution may be
in the form of money, but in case of failure to comply
voluntarily with the settlement, the Punong Barangay
shall take possession of sufficient personal property
of the party obliged. The property can be sold and
the proceeds applied to the amount.
Steps in Execution of Settlement. (1) The disputant
must first file a Motion for Execution with Punong
Barangay. (2) The Punong Barangay conducts hearing
on the date assigned by the movant. The date shall
not be later than 5 days from the filing of the motion.
During the hearing, the Punong Barangay shall
ascertain the facts for the non-compliance of
settlement and strongly encourage the party to
comply with the settlement. (3) After the lapse of five
(5) days with no voluntary compliance, the Punong
Barangay shall issue a Notice of Execution. (4) Within
six (6) months from the date of the settlement, the
Lupon, through the Punong Barangay, executes the
settlement.
Sale of Personal Properties. (1) A Notice of Sale shall
be posted in three (3) public places. (2) For
perishable goods, immediately upon taking
possession, the sale should take place within 24
hours. (3) For other goods, immediately upon taking
possession, the goods must be sold within 5 to 10
days. (4) Public auction of goods should be done
between 8AM to 5PM and the owner may direct the
order of the sales. (5) The Punong Barangay,
Secretary or Lupon member may not take part in the
sale. (6) The prevailing party is then paid in amount
corresponding to the obligation. (7) Excess proceeds
are returned to the party obliged. If the prevailing
party is a buyer, he shall only pay the excess of the
obligation to the party obliged.
Properties Exempted From Execution. (1) Debtors
family home; (2) tools and implements necessarily
used by him in his trade or employment; (3) two
horses, or two cows, or 2 carabaos or other beasts of
burden such as the debtor may select and are
necessarily used by him in his ordinary occupation;
(4) necessary clothing for debtor and family; (5)
household furniture and utensils necessary for
housekeeping; (6) provisions for individual or family
use sufficient for four (4) months; (7) professional
libraries
of
attorneys,
judges,
physicians,
pharmacists,
dentists,
engineers,
surveyors,
clergymen, teachers and other professionals; (8) one
fishing boat, net and other fishing paraphernalia of
the party who is a fisherfolk by the lawful use of
which he earns a livelihood; (9) so much of the
earnings of the party obliged for his/her personal
services within the month preceding the levy as are
necessary for his/her familys support; (10) all
moneys, benefits, privileges or annuities accruing in
any manner or growing out of any life insurance not
exceeding P100,000; (11) the right to receive legal
support or money or property obtained as such
support or any pension or gratuity from the
government, and (12) copyrights and other
properties especially exempted by law.

PHILIPPINE CRIMINAL JUSTICE PROCESS


PERSON
HAS VIOLATED THE
LAW IS

LAW ENFORCEMENT
PILLAR

PROSECUTION PILLAR

APPREHENDED
BY POLICE OR ANY
LAW ENFORCEMENT

DIVERTED WHERE
NO SUFFICIENT GROUND
CAN SUSTAIN

PROSECUTED
FOR THE ALLEGED
OFFENSE
COMMITTED

DIVERTED WHERE NO

COMPLAINT

PROBABLE CAUSE
CAN SUSTAIN
PROSECUTION

REVERTED
TO THE

COURTS PILLAR

CORRECTIONS PILLAR

TRIED
BEFORE THE
COURTS

DIVERTED WHERE
EVIDENCE IS NOT ENOUGH
FOR

IF CONVICTED,
EITHER SERVES HIS
SENTENCE IN
JAIL/PRISON
OR PLACED ON
PROBATION

FULL SERVICE OF
SENTENCE OR DIVERSION
TAKES PLACE THROUGH
THE GRANT OF
PAROLE,CONDITIONAL
PARDON, PROBATION IS BY
ITSELF A DIVERSION
PROCESS

COMMUNITY

CONVICTION

ATTY. JOANNES U. VINARAO-PILAPIL


LLB, University of the Philippines, Diliman
LLM, Cardozo School of Law, New York City
Guest Professor, Philippine National Police Academy, 2012-Present
SVP for Finance and Accredited Mediator, National Center for Mediation
VP for Public Advocacy and Education, Philippine Institute of Arbitrators
Court Attorney, Supreme Court, 2003-2005
Junior Partner, Dela Rosa Tejero Nogrates, 1994-2003
Court Attorney, Court of Appeals, 1994-1997

Philippine Copyright, 2016 by:


JOANNES U. VINARAO-PILAPIL
ALL RIGHTS RESERVED
BY THE AUTHOR
ISBN 978-971-011-950-9
Published by:
Central Book Supply, Inc.