PHILIPPINE CRIMINAL JUSTICE SYSTEM Criminal Law - is defined as that branch of public law, which defines crimes, treats of

their nature and provides for their punishment.

Criminal Justice- It refers to the study of agencies of social control that handle criminal
offenders.
- is the system of practices and institutions of governments directed at upholding social
control, deterring and mitigating crime, or sanctioning those who violate laws with criminal
penalties and rehabilitation efforts.
Criminal Justice System- the machinery/agencies of the State or the government, w/c
enforce the rules of conduct necessary to protect life and property and maintain peace
and order.
- is the set of agencies and processes established by governments to control crime and
impose penalties on those who violate laws.
CRIMINAL – a person who committed a crime and has been convicted by a court of the
violation of a criminal law; a person who violated a social norm/who did an anti social act;
a person who violated rules of conduct due to behavioral maladjustment
Nomenclatures of a Criminal
The two basic principles of criminal law in the administration of the Criminal Justice
System in the Philippines
a. The presumption of innocence- this means that those who are accused of crimes are
considered innocent until proven guilty. The accused is entitled to all the rights of the
citizens until the accused guilt has been determined by the court of law or by the
accused acknowledgement of guilt that he committed the crime.
b. The burden of proof
- in criminal cases means that the government must prove beyond reasonable
doubt that the suspect committed the crime.
- It is the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.
The burden of proof lies in the public prosecutor to prove that the accused is guilty as
charged and the prosecutor must rely on the strength of the evidence and not on the
weakness of the accused evidence.

Suspect - during investigation (police stage) Evidence- is the means, sanctioned by the Rules of Evidence, of ascertaining in a judicial
Respondent - during preliminary investigation (prosecutor’s determination of probable proceeding the truth respecting a matter of fact.
cause)
Accused - during case trial Proof beyond reasonable doubt- In a criminal case, the accused is entitled to an
Convict - once the accused is guilty beyond reasonable doubt. acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable
doubt does not mean such a degree of proof, excluding possibility of error, produces
The concept of Justice
absolute certainly. Moral certainly only is required, or that degree of proof which produces
Justice involves equal punishment for identical offenses and equal rewards to identical conviction in an unprejudiced mind.
merits.
THE 2 PRINCIPLES OF LAW that must adhered in the CJS
Four elements for absolute justice
1. The principle of due process of law
2. The equal protection clause
a. The absolute ability to identify the law violator
b. The absolute ability apprehend law violator
Due Process- means that those who are accused of the crimes and processed through
c. The absolute ability punish law violator
d. The absolute ability to identify the intent of the law violator the CJS must be given the basic rights (Bill of Rights) guaranteed by the Constitution.

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Equal Protection Clause- declares that the State may not attempt to create or enforce
statutes (law) against a person solely because of specific characteristics such as race,
age, or sex.
The 5 components/ pillars of the Criminal Justice System
a. Police or law enforcement- initiator or prime mover of the CJS
b. Prosecutor- determines probable cause/ preliminary investigation
c. Courts- interpret the law/ try and decide cases
d. Corrections- treatment and rehabilitation of offenders
e. Community
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POLICE / LAW ENFORCEMENT
Philippine History of Policing
Carabineros de Seguridad Publico - organized in 1712 during the Spanish Regime, they
were armed and considered as mounted Police.
Guardrilleros - a body of rural police organized in each town and established by the
Royal Decree of Jan. 8, 1836.
Guardia Civil – it consisted of a body of Filipino policemen organized originally in each of
the provincial capitals under an ALCALDE (Governor). This was created by a Royal
Decree in Feb. 12 1852
Philippine Constabulary- is a National police Institution created by the Philippine
Commission under Act No. 175 on August 8, 1901. It was a gendarmerie-type police force
of the Philippines established in 1901 by the United States-appointed administrative
authority to replace the Spanish Guardia Civil. It was later integrated with the municipal
police force, Integrated National Police.
Captain Henry T. Allen - the "Father of the Philippine Constabulary"
Brigadier General (C/Supt.) Rafael Cramé - first Filipino appointed Chief of the
Constabulary
Integrated National Police - the municipal police force for the cities and large towns in
the Philippines.
Act No. 4864 or the Police Act of 1966 created the Police Commission (POLCOM) and
was reorganized in 1972 as the National Police Commission (NAPOLCOM)
PD 765 - known as the Police Integration Law. This Decree established the joint
command structure of the Philippine Constabulary and Integrated National Police (PC-
INP).
RA 6975 –(DILG Act of 1990) a law that reorganized the Department of Interior and Local
Government and established the new NAPOLCOM under DILG, Philippine Public Safety
College, the Philippine National Police, the Bureau of Fire Protection and the Bureau of
Jail Management and Penology.
RA 8551- “Philippine National Police Reform and Reorganization Act of 1998 amends RA
6975. This Act strengthened and expanded the NAPOLCOM’s authority over the PNP to
include administration of police entrance examination, conduct of pre-charge investigation
against police anomalies and irregularities and summary dismissal of erring police
members.
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NAPOLCOM – (National Police Commission) is the agency of the Philippine government
that administers and controls the Philippine National Police (PNP). It was mandated by the
Constitution and the major police reform laws, Republic Act Nos. 6975 and 8551.
Philippine Public Safety College- premier educational institution for training, human
resources development of and continuing education of all PNP, BFP and BJMP personnel.
Philippine National Police- is the civilian national police force of the Philippines. It
is part of the DILG with its national headquarters in Camp Crame, Quezon City. It is
administered and controlled by the National Police Commission.
PNP UNIT AND ORGANIZATION
1. Criminal Investigation and Detection Group (CIDG)
2. Scene of the Crime Operations (SOCO)/ PNP Crime Lab
3. Aviation Security Group
4. Special Action Force
5. PNP Maritime Group
6. PNP Intelligence Group
7. PNP Regional Public Safety Battalion
8. Police Security and Protection Group
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 9. Anti-Cybercrime Group MANUEL A. ROXAS. The agency saw its inception on November 13, 1936 upon the
10. Police Community Relations Group approval of the Commonwealth Act of 181, when Thomas Dugan, a NYPD police captain
11. Highway Patrol Group and Flaviano C. Guerero (the only Filipino member of FBI) was tasked to organize a
12. Civil Security Group
Division of Investigation patterned after US FBI.
13. Anti-kidnapping Group
14. Philippine National Police Academy
NBI - is a line agency under the Department of Justice and serves as the premier
15. Police Regional Office
investigative agency of government responsible for handling and solving major high-
PNP FUNCTIONS profile cases that are in the interest of the nation.

NBI FUNCTIONS (under RA 157 as amended)

1. Enforce all law and ordinance relative to the protection of lives
&properties.
2. Maintain peace and order.
3. Prevents and investigates crimes and bring offenders to justice.
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Philippine Constitution and pertinent laws.
5. Detain an arrested person for a period not beyond what is prescribed
by law.
6. Implements pertinent laws and regulations on firearms and explosives
control.
7. Supervise and control the training and operations of security
agencies
1. Investigate crimes and other offenses against the law of the Philippines
2. Assist, when officially requested in the investigation or detection of crimes.
3. Act as national clearing house of criminal records and other information for use of all
prosecuting and law enforcement entities in the Philippines, of identification records of
identifying marks, characteristics and ownership and possession of firearms and test
bullets.
4. Give technical help to all prosecuting and law enforcement offices, government
agencies and courts.
5. Establish and maintain an up-to-date scientific crime laboratory and conduct
researches of scientific knowledge in criminal investigation.
6. Extend its services in the investigation of cases of administrative or civil in nature.

Bureau of Fire Protection- is an agency of the Department of Interior and Local
Government (DILG) responsible for implementing national policies related to Firefighting
and Protection as well as implementation of the Philippine Fire Code (PD 1185), which
was repealed and replaced by the New Fire Code of the Philippines (RA 9514). The
bureau is in charge of management, administration, and implementation of Fire and
emergency services all over the country.
Bureau of Jail Management and Penology- is an agency of the DILG responsible for
implementing national policies related to jail management and penology. Formerly known
as the Constabulary Jail Bureau, the BJMP is in charge of prisoner handling and
management of municipal and city jails all over the country.
NBI (National Bureau of Investigation) formerly Bureau of Investigation was created under
R.A. 157 on June 19, 1947. It was later renamed National Bureau of Investigation by
virtue of Executive Order No. 94, issued on October 4, 1947, by the late President
OTHER LAW ENFORCEMENT AGENCIES
1. Bureau of Customs or BoC is a bureau of the Philippines' Department of Finance in
charge of imports, exports, and foreign trade. BoC is specifically mandated to: Assess
and collect lawful revenues; Prevent smuggling and other frauds; Control vessels and
aircrafts engaged in foreign trade; enforce tariff and customs laws; control the handling of
foreign mails for revenues and prevention purposes; 6) control import and export cargoes;
and it is given jurisdiction over forfeiture and seizure cases.
2. Bureau of Immigration and Deportation (BID - is responsible for the control and
regulation of the arrival and stay of foreigners including the admission,
registration, exclusion, deportation and repatriation of aliens. It also supervises
the immigration into and emigration from the Philippines of alien. It acts as the
primary enforcement arm of the Department of Justice and the President of the Philippines
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in ensuring that all foreigners within its territorial jurisdiction comply with existing laws .
Issuance of immigration documents and identification certifications on non-immigrant,
immigrant and special non-immigrant visas;and Issuance of special permits in relation to
the enforcement of immigration laws (e.g. Special Work Permit (SWP), Provisional Permit
to Work (PPW), Special Study Permit (SSP), re-entry permits, clearances, etc.);
Implementation of Hold Departure Orders, Blacklist, Watchlist, Immigration Lookout
Bulletin Orders and Alert List Orders; are some of the functions of BID.
3. LTO (Land Transportation Office) - is an agency under the Department of
Transportation and Communications and is responsible for all land transportation
in the Philippines, especially implementing transportation laws, rules and
regulations. Its functions are: Inspection and Registration of Motor Vehicles, Issuance
of Licenses and Permits, Enforcement of Land Transportation Rules and Regulations,
Adjudication of Traffic Cases, Collection of Revenues for the Government
R.A. 4136 - otherwise known as the “Land Transportation and Traffic Code”
4. BIR (Bureau of Internal Revenue) - is an attached agency of Department of Finance.
BIR collects more than one-half of the total revenues of the government and the
enforcement of all forfeitures, penalties, and fines connected therewith, including the
execution of judgments in all cases decided in its favor by the Court of Tax Appeals and
the ordinary courts;
5. Philippine Drug Enforcement Agency (PDEA) is the lead anti-drug law enforcement
agency, responsible for preventing, investigating and combating any dangerous drugs,
controlled precursors and essential chemicals within the Philippines. The agency is tasked
with the enforcement of the penal and regulatory provisions of Republic Act No. 9165
(R.A. 9165), otherwise known as the Comprehensive Dangerous Drugs Act of 2002.
- PDEA is the implementing arm of the Dangerous Drugs Board (DDB). The DDB is the
policy-making and strategy-formulating body in the planning and formulation of policies
and programs on drug prevention and control. PDEA and DDB are both under the
supervision of the Office of the President.
Aside from law enforcement police also deals with crime detection, serving
arrest effecting search and seizure, crime investigation, patrol and crime
prevention.
DETECTION OF CRIME
Surveillance and buy-bust operations are some of the methods of detecting crimes.
Surveillance- comes from a French phrase for "watching over" ("sur" means "from
above" and "veiller" means "to watch"). It is the monitoring of the behavior,
activities, or other changing information, usually of people for the purpose of
intelligence gathering, the prevention of crime, the protection of a process,
person, group or object, or for the investigation of crime.
Buy- bust operations- also known as “entrapment” in the legal and police parlance.
ARREST under Section 1 of Rule 113 of the Revised Rules of Criminal Procedure
- is defined as the taking of person into custody in order that he may be bound to answer
for the commission of the crime.
*An arrest may be made on any day and at any time of the day or night.
Sec. 3 It shall be the duty of the officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without unnecessary delay. Delay in the
delivery of detained person is punishable under Art 125 of RPC (12hrs, light penalties,
18hrs, correctional penalties, 36hrs, afflictive/capital penalties)
The head of the office to whom the warrant was delivered must cause it to be
executed within 10 days from its receipt, and the officer to whom it is assigned
must make a report to the judge who issued the warrant within 10 days from the
expiration of the period. If he fails to execute it, he should state the reasons
therefore. A warrant of arrest remains valid until the arrest is effected or the
warrant lifted.
An arrest warrant also officially called warrant of arrest, is a warrant issued by
a judge on behalf of the state, which authorizes the arrest and detention of an
individual, or the search and seizure of an individual's property.
As a rule the arrest warrant must be issued only after examining the complainant
and the witness he may produce and after finding probable cause to believe that
the person to be arrested has committed the crime.
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Probable cause with respect to arrest is such fact and circumstances w/c would
lead a reasonably discreet and prudent man to believe that offense has been
committed by the person sought to be arrested.
WARRANTLESS ARREST
A peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
SCATTER SHOT WARRANT
> It is a warrant of arrest that is issued for more than one offense
> It is void for the law requires that a warrant of arrest should only be issued in
connection with one specific offense
SEARCH AND SEIZURE
A search warrant- is 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.
The search warrant shall be valid for ten (10) days from date of issuance, and after which
the issuing judge should ascertain if the return has been made, and if there was none,
should summon the person to whom the warrant was issued and require him to explain
why no return was made. If the return has been made, the judge should ascertain from the
officer who seized the property under the warrant if a detailed receipt of the property
seized was left with the lawful occupants of the premises in whose presence the search
and seizure were made, or in the absence of such occupants, whether he left a receipt in
the place in which he found the seized property in the presence of at least two witnesses
of sufficient age and discretion residing in the same locality, and should require that the
property seized by virtue of the warrant shall be delivered to the judge who issued the
warrant. The judge should see to it that an accurate and true inventory of the property
seized duly verified under oath is attached to the return and filed with the court; and
Requisites
1. There must be probable cause—facts and circumstances that would engender a
well-founded belief in a reasonable prudent and discreet man that a crime has been
committed and the things and objects to be seized can be found in the place to be
searched
2. Which must be determined by the judge personally through searching and
probing questions—questions not merely answerable by yes or no but could be
answered by the applicant and the witnesses on facts personally known to them
3. (Upon whom?) The complainant and the witnesses he may produce are
personally examined by the judge, in writing and under oath and affirmation
4. (Based on what?) The applicant and the witnesses testify on facts personally known
to them
5. The probable cause must be in connection with the specific offense
6. The warrant specified describes the person and place to be searched and the
things to be seized
7. The sworn statement together with the affidavits of the witnesses must be attached to
the record
An application for search warrant shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was committed.
(b) For compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the
crime is known, or any court within the judicial region where the warrant shall be
enforced.
SUBJECT OF A SEARCH WARRANT
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, or fruits of the offense; or
3. Used or intended to be used as the means
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Police are authorized to conduct a search without first obtaining a search warrant.
Common exceptions to the warrant requirement include:
1. Consent. (Consented warrantless arrest) Police may conduct a search without a
search warrant if they obtain consent. Consent must be freely and voluntarily
given by a person with a reasonable expectation of privacy in the area or property
to be searched.
2. Plain View. An officer may seize evidence without a warrant if an officer is on the
premises lawfully and the evidence is found in plain view.
3. Search incident to arrest. While conducting a lawful arrest, an officer may
search an individual's person and their immediate surroundings for weapons or
other items that may harm the officer. If a person is arrested in or near a vehicle,
the officer has the right to search the passenger compartment of that vehicle.
4. Exigent Circumstances. Police are not required to obtain a search warrant if
they reasonably believe that evidence may be destroyed or others may be placed
in danger in the time it would take to secure the warrant.
5. Automobile Exception. (Search of a moving vehicle) An officer may search a
vehicle if they have a reasonable belief that contraband is contained inside the
vehicle.
6. Hot Pursuit. Police may enter a private dwelling if they are in "hot pursuit" of a
fleeing criminal. Once inside a dwelling, police may search the entire area without
first obtaining a search warrant.
PATROL
A patrol is commonly a group of personnel, such as police officers or soldiers, that are
assigned to monitor a specific geographic area. This is also often referred to as a beat
The main purpose of patrol is to provide police visibility
Patrol Mission
1. Prevention of Crime
2. Suppression of criminal activities
3. Enforcement of all law ordinances
4. Preservation and maintenance of peace and order
5. Protection of life and property from criminal attacks
6. Apprehension of criminal element whether common or organized
Patrol Pattern
Clockwise Pattern- a beat patrol, irrespective to size, number of beats, is assigned into
call boxes for reporting every hour of his tour of duty at te start of 8 hours, the patrol officer
should survey the area situation and condition of the boundary of the area of
responsibility.
Zigzag or Free Wheeling- patrolling the streets within the perimeter of the bet not at
random but with definite target location where he knows his presence is necessary.
Counter clockwise- the reverse lockwise patrol pattern. It is done at the last hour of duty
in order to ensure that nothing has happened wrong in his area of responsibility
Crisscross or straightway- patrolling the street in parallel and easier way. Movement
must have definite purpose and objective.
Kinds of patrol
1. Horse patrol 3. Foot patrol 5. Boat patrol 7. motorcycle
2. Automobile patrol 4. Bicycle patrol 6. Air patrol
CRIMINAL INVESTIGATION
Criminal Investigation is an art that deals with the identity and the location of the offender
and provides evidence of his guilt in a criminal proceeding.
Tools in Criminal Investigation
1. Information- data gathered from other persons including the victim himself and
from (public records, private records, modus operandi file)
2. Interrogation- skillful questioning of hostile witnesses and suspects to divulge
information on the crime being investigated.
3. Instrumentation- scientific examination of real evidence, application of instrument,
and methods of the physical sciences in detecting crime. It involves the 6
branches of criminalistics.
CRIME PREVENTION
It is simply defined as the elimination or reduction of the desire and/or opportunity to
commit crime.
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HISTORY OF POLICING
Politeia – the term “ police” has derived. It is an ancient Greek word used in Greek
political thought, especially that of Plato and Aristotle. Derived from the word polis ("city-
state"), it has a range of meanings, from 'the rights of citizens' to a 'form of government'.
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 Marechaussee - a state military police model which had had a dual military and
civil function since the 16th century started by Napoleon Bonaparte of France.
Vigiles - or Vigiles Urbani ("watchmen of the City") or Cohortes
Vigilum ("cohorts of the watchmen") were the firefighters and police of Ancient
Rome. The Vigiles was instituted by Augustus Caesar as public firefighting force
and also known by their nickname Spartoli or "little bucket fellows" which was
given to them because of the buckets they carried water in, which were made of
rope sealed with pitch. Their duties included apprehending thieves and robbers
and capturing runaway slaves. They dealt primarily with petty crimes and looked
for disturbances of the peace while they patrolled the streets. cohort
The Praetorian Guard (Latin: Praetoriani) was a force of bodyguards used
by Roman Emperors. They were an elite recruitment of Roman citizens and
Latins. The Praetorian Guard was established by Augustus in 27 BC.
Bow Street Runners - have been called London's first professional police force.
The force, originally numbering only six individuals, was founded in 1742 by the
British magistrate Henry Fielding, who was also well known as an author.[2] Bow
Street runners was the public's nickname for these officers, "although the officers
never referred to themselves as runners, considering the term to be derogatory".
The Bow Street group was disbanded in 1839.
Watchmen were groups of men, usually authorised by a state, government, or
society, to deter criminal activity and provide law enforcement. Watchmen have
existed in various guises throughout the world and were generally succeeded by
the emergence of formally organised policing.
A constable is a person holding a particular office, most commonly in law
enforcement.. A constable is commonly the rank of an officer within the police.
Historically, the title comes from the Latin comes STABULI (attendant to
the stables) and originated from the Roman Empire; originally, the constable was
the officer responsible for keeping the horses of a lord or monarch. The title was
imported to the monarchies of medieval Europe, and in many countries developed
into a high military rank and great officer of State (e.g., the Constable of France).
Sir Robert Peel- British statesman, and a Prime Minister of the United Kingdom ,
Peel reformed and liberalised the criminal law, and created the modern police
force, leading to a new type of officer known in tribute to him as "bobbies" (in
England) and "peelers" (in Ireland
Bobbies - nickname for London Metropolitan Police Service or Peelers
Gendarmerie - a military force charged with police duties among civilian populations.
………………………………………………………………………………….....
PROSECUTION – the Second pillar of the Criminal Justice System
It is a proceeding instituted and carried on by due course of law, before a competent
tribunal, for the purpose of determining the guilt or innocence of a person charged with a
crime. The prosecution is also used to designate the government as the party to the
proceeding in a criminal action and has the direction and control of the case.
The prosecutor is the government officer tasked to conduct the prosecution of criminal
actions in court.
Roles of prosecutor
1. To conduct Preliminary Investigation
2. To make proper recommendation during the inquest of the case referred to them
by the police after the investigation of the suspect.
3. To represent the government or state during the prosecution of the case against
the accused.
4. To act as a legal officer of the province or City in the absence of its legal officer
5. To investigate administrative cases filed against the Prosecutor
Preliminary Investigation- is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been committed and
the respondent is probably guilty thereof and should be held for trial.
Purpose of preliminary Investigation
1. To determine whether a crime has been committed and whether there is probable
cause to believe that the accused is guilty thereof
2. To secure the incident against hasty, malicious and oppressive prosecution
3. To protect the accused from open and public accusation of a crime
4. To protect the state from useless and expensive trials
5. To preserve the evidence and keep the witness within control of the state
6. To determine the amount of bail if the offense is bailable
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If the offender is arrested w/out a warrant an inquest investigation will be conducted by the
inquest investigator unless the arrested person ask for prelim investigator since PI is a
statutory and personal right, it is a matter of right only when the crime committed is
punishable by a penalty or at least 4 years, two months and 1 day. It can be waived
expressly or by implication, the detained person must sign a waiver under the provision of
Art 125 RPC ( delay in the delivery of detained person to proper judicial authorities)
Officers authorized to conduct preliminary investigation:
a. Provincial or city prosecutors and their assistants
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
c. National and regional state prosecutors
d. Other officers as may authorized by law:
1. The Ombudsman and special prosecutor
2. The COMELEC
3. Private lawyers when duly deputized
Inquest - is an informal and summary investigation conducted by the public
prosecutor in a criminal case involving persons arrested and detained
without the benefit of a warrant of arrest issued by the court for the
purpose of determining whether said persons should remain under custody
and correspondingly charged in court.
Information-is an accusation in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court.
Complaint- is a sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer charged with the enforcement
of the law violated
Arraignment - is a formal reading of a criminal charging document in the presence of
the defendant to inform the defendant of the charges against them. In response to
arraignment, the accused is expected to enter a plea. Acceptable pleas vary among
jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or
pleas in bar) setting out reasons why a trial cannot proceed.
Bail under Rule 114 of the Revised Rules of Criminal Procedure
Bail is the security given for the release of the person in the custody of law, furnished by
him or the bondsman, to guarantee his appearance before any court as required under
conditions as specified.
Bail, a matter of right; exception. (Sec.4) — All persons in custody shall be admitted to bail
as a matter of right, with sufficient sureties, or released on recognize as prescribed by law
or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before
conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment.
Bail, when discretionary. (Sec. 5)— Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or life imprisonment, admission to
bail is discretionary. The application for bail may be filed and acted upon by the trial court
despite the filing of a notice of appeal, provided it has not transmitted the original record to
the appellate court. However, if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the application for bail can
only be filed with and resolved by the appellate court.
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail;
(e) That there is undue risk that he may commit another crime during the pendency of the
appeal.
Amount of bail; guidelines (Sec 9)— The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not limited to,
the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
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(i) The fact that accused was a fugitive from justice when arrested; and 1. The right to be informed - during custodial investigation, the accused must be
(j) Pendency of other cases where the accused is on bail. conveyed the Miranda Rights- the right to be informed, the right to remain silent
and right to counsel.
Kinds of Bail 2. The right to remain silent- during custodial investigation, a confession may not
1. Corporate Surety- Any domestic or foreign corporation, licensed as a surety in be extracted from the accused with the use of violence, force, threat, intimidation
or any other means which vitiates consent. Any confession obtained or secured
accordance with law and currently authorized to act as such, may provide bail by a
from the unwilling lips of the accused is inadmissible in evidence.
bond subscribed jointly by the accused and an officer of the corporation duly authorized
3. The right to counsel – if arrested in fragrant or surrenders to the authorities, an
by its board of directors.
accused is entitled to a counsel at the moment of arrest or surrender. He/She may
2. Property bond - is an undertaking constituted as lien on the real property given as
not be asked questions in connection with the offense without the assistance of a
security for the amount of the bail. Within ten (10) days after the approval of the bond,
counsel. If the accused is arrested by virtue of an irregular warrant, he/she may
the accused shall cause the annotation of the lien on the certificate of title on file with
ask for it’s quash. If the accused is unable to post the required bail, he/she is
the Register of Deeds if the land is registered, or if unregistered, in the Registration
detained. He / She is entitled to be visited by his/her counsel or any member of
Book on the space provided therefore, in the Registry of Deeds for the province or city
the Bar upon the request of any person made in his/her behalf. The accused may
where the land lies, and on the corresponding tax declaration in the office of the
confer privately with his/her counsel at any hour of the day, or in urgent cases,
provincial, city and municipal assessor concerned.
even at night time.
4. The right to preliminary investigation- The judicial priority is being practiced after a
3. Cash Bond- The accused or any person acting in his behalf may deposit in cash with
complaint has been filed against an accused to determine whether there is
the nearest collector or internal revenue or provincial, city, or municipal treasurer the
sufficient ground to believe that a crime imputable against the accused has been
amount of bail fixed by the court, or recommended by the prosecutor who investigated or
committed.
filed the case
5. The right to bail- This can be availed of the accused upon arrest. An amount that
is set by the law is required of the accused so that he/she can be out jail while
4. Recognizance- the court may release a person in custody to his own recognizance or
his/her case is still being heard.
that of a responsible person. It is the release of a person in the custody of himself or
6. The right against self incrimination- also during custodial investigation, the
another reputable person. He, or that person whom he was entrusted to will be tasked
accused may properly invoke his/her constitutional right against self incrimination.
with the burden of bringing him to court when he is required to.
During the interrogation, the accused may not be placed in secret detention
places, solitary or incommunicado, or other similar forms of detention.
Bail in the amount fixed may be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with any regional trial judge, metropolitan
Custodial Investigation means any questioning initiated by law enforcement officer after
trial judge, municipal trial judge, or municipal circuit trial judge in the province, city, or
a person has been taken into custody or otherwise deprived of his her freedom of action in
municipality. If the accused is arrested in a province, city, or municipality other than where
any significant way.
the case is pending, bail may also be filed with any regional trial court of said place, or if
no judge thereof is available, with any metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge. (Sec. 17)
……………………………………………………………………………………………………..
THE RIGHTS DURING TRIAL
THE RIGHTS OF THE ACCUSED
1. The right to presume innocent – Notwithstanding, the filing of a case against
The rights before Trial the accused in court, the constitution presumes him/her to be innocent until
the contrary has been proven. The rule is innocence and the exception is guilt
pronouncement beyond reasonable doubt.

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 2. The right to know the nature of the accusation – after the case has been filed
in court, the accused is entitled to know the nature and the cause of the
accusation against him/her. This is known as the arraignment, where the
accused is furnished a copy of the complaint or information with the

Court is a body to which the public administration of justice is delegated, being a tribunal
officially assembled under authority of the law at the appropriate time and place for the
administration of justice through which the State enforces its sovereign rights and powers.
It is an entity or body in which a portion of judicial power is vested

Judge is a public officer so named in his commission (written evidence of appointment)

and appointed to preside over and administer the law in court of justice.

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