Review on Phil Criminal Justice System

 Justice is rendering what is due him. It is also refers to the peace, order and well-
being of the society that are threatened or disrupted when a crime is committed.

 Law is a rule of just conduct, and made obligatory by legitimate authority for the
general welfare and benefit of the people. A law must be just or equal wherein no
one is above the law and it applies to everyone. In any law, punishment is always
attached, to give a deterrent or controlling effect unto the other’s behavior. Laws and
punishment must not be feared but rather it should only be followed for everybody’s
equal opportunity of protection. Those who are afraid of the law are only those would
be violators of law, for they know that they will be punished and suffer curtailment of
one’s freedom as a consequence of violating the law.

o Substantive law – law that creates the right and obligations of persons;
defines their status; governs their relations; and confers power upon them.
o Adjective law – it is part of the law that governs the prosecution and defense
of action involving the enforcement of rights and obligation.
o Public law – deals principally with the powers, rights and obligations of the
state.
o Private law – deals with the individuals his rights and transactions, and his
affairs.
o International law – governing relation between state and sovereign entities or
between states and international organization of state.
o Municipal law – the entire body of law enacted by jurisdiction and applied in
that jurisdiction.
• Justice – it refers to the peace, order and well-being of the society that are threatened
or disrupted when a crime is committed.
• Criminal Justice – it is part of justice that concerns itself with giving the state, the victim
of the crime as well as the victim, the dessert consequent upon the commission of the
crime.
• Criminal Justice System - it consist of the institution, offices, officers and procedures
for the enforcement of public order, particularly for dealing with infractions or violation of
laws.
• Offender – it is the principal character in the criminal justice system.
• Victim/Offended Party – they are the neglected or forgotten man in the criminal justice
system.
 Crime - “An act or omission punishable by law” (RPC, Phils) “An act or omission
prohibited by law for the protection of the public, the violation of which is prosecuted
 by the state in its own name and punishable by incarceration.” (Model Penal Code,
US)
o Elements of Crime
 1. An act (actus reus)
 2. An unlawful act
 3. An intent (mens rea)
 4. Attendant circumstances
 5. Concurrence of act and intent
 6. Causation
• An effective alternative to the administration of Criminal Justice. • Crime is, primarily,
an offense against human relationships and, secondarily, against the state.
Principle of Restorative Justice
o Justice requires that we work to restore those who have been injured.
o 2. Those most directly involved and affected by crime should have the
opportunity to participate fully in response to its solution if they wish.
o 3. Government’s role is to preserve a just public order, and the community’s
role is to build and maintain a just peace.
Laws that govern the CJS
1. Philippine Constitution of 1987
 a. Congress/Senate – pass laws (bicameral legislature)
 b. Executive – enforce laws
 c. Judiciary – interpret the laws
2. Revised Penal Code (Act 3815 as amended)
3. Rules of Court ***Principle of “Nullum crimen, nulla poena sine lege” – if there is no
crime, there is no law punishing it.
Primary Goals
a. Maintenance of peace and order.
b. Protection of member of the society.
Secondary Goals
a. Prevention of crime.
b. Review legality of preventive and suppressive measures.
c. Judicial determination of guilt or innocence of those apprehended.
d. Proper disposition of those who have been found guilty.
e. The correction of socially approved means of the behavior of those who violate
criminal law.
f. Suppression of criminal conduct by apprehending offenders for whom prevention is
ineffective.

POLICE/ LAW ENFORCEMENT

• The prime mover of the system.
• Component of the CJS which is vulnerable to corruption.
The term POLICE is derived from the word POLITIA, meaning condition of the
state, government and administration. POLITIA originated from the Greek word “Politea”
which means government, citizenship, or the entire activity of a POLIS, a city. But in
restricted sense, it refers to that body of armed men which as an institution is capable of
exercising its duties by armed physical forces in the preservation of peace and order,
detection and investigation of crimes, and enforcement of laws. The PNP is the primary
law enforcement agency of the country, which is national in scope and civilian in
character. It was activated on January 29, 1991 under Section 23, Chapter III, of RA
6975, entitled, "An Act Establishing the Philippine National Police Under a Reorganized
Department of the Interior and Local Government,". It was constituted from the full
merger of the former PC and the INP with Police Director General CESAR NAZARENO
as the First Chief, PNP.
• Section 4, Article 2 of the 1987 Constitution provides that, "... it is the policy of the
State to promote peace and order, ensure public safety and further strengthen local
government capability aimed towards the effective delivery of basic services for the
citizenry through the establishment of a highly and competent police force that is
national in scope and civilian in character".
• Section 23, Chapter III, of Republic Act No. 6975, "An Act Establishing the Philippine
National Police Under a Reorganized Department of the Interior and Local
Government", or otherwise known as, "The PNP Law".
Statutory Power of the Police:
• To enforce laws and ordinances relative to the protection of lives and properties;
• To maintain peace and order and take all necessary steps to ensure public safety; •
To investigate and prevent crime , effect the arrest of criminal offenders, bring offenders
to justice and assist in their prosecution;
• To detain arrested person/s for a period not beyond what is prescribed by law,
informing the persons so detained of all rights under the constitution; and
• To exercise the general powers to make arrest, search and seizure and enforce
pertinent laws.
Licensing, Supervisory and Control and Training:
• To issue licenses for the possession of firearms and explosives in accordance with
law;
• To supervise and control the training and operations of security agencies and issue
license to operate security agencies, and to security guards and private detectives for
the practice of their profession;
• To train students taking up their baccalaureate, vocational or technical courses in
undergoing Law Enforcement Service Program in compliance to the National Service
Law.
Deputized Statutory Power of the Police to perform such other duties and
exercise all other functions as maybe provided by law such as:
• To enforce election laws during the conduct of election;
• To enforce laws on agriculture, environment and natural resources; •
To enforce laws on land transportation; and,
• To enforce other laws under the jurisdiction of various departments and/or offices of
the government where the PNP is deputized under the principle of intra-coordination
between and among offices/ departments of the government.
Other pertinent laws
• Republic Act No. 4864 – police act of 1966. This law gives birth to NAPOLCOM.
• Presidential Decree 765 –Philippine Constabulary/Integrated National Police (PC/INP)
Law.
• Presidential Decree 1184 – police professionalization law of 1977 and gives birth to
Philippine National Police Academy.
• Republic Act No. 6975 –an act establishing the PNP under the reorganized
Department of Interior and Local Government and for other purposes.
• Republic Act No. 8551 – PNP reform and reorganization act of 1998. Republic Act No.
9708 – an act extending for five (5) years the reglamentary period for complying with the
minimum educational qualification for appointment to the Philippine National Police
(PNP) and adjusting the promotion system thereof, amending for the purpose pertinent
provisions of republic act no. 6975 and republic act no. 8551 and for other purposes.
ROLE OF NAOLCOM OVER PNP
•Exercise administrative and operational supervision.
• Advice the president on all matters involving police function and administration. •
Render the president and congress an annual report.
• Perform other function as president may direct.
PLEB
• It has jurisdiction to hear and decide citizen’s complaint or cases filed before it against
officers of the Philippine National Police.
• It composed of the following:
1. Member of sanguniang bayan/lungsod chosen by their sangunian
2. Barangay captain (ABC president)
3. Member of peace and order council from the respected community known for
their integrity.
MIRANDA WARNING/ DOCTRINE
• It is a warning given to a person who is a suspected in a crime and is under custodial
investigation. It includes:
 Right to remain silent.
 Right to counsel, preferably his own choice.
 Right to be informed by such rights and accusation against him.
 These rights are required to be recited by a police officer except such
information will imperil the arrest.
OTHER LAW ENFORCEMENT AGENCIES
 National Bureau of Investigation (created by Commonwealth Act 181 and
reorganized by Republic Act 157 )
• Philippine Drug Enforcement Agency (PDEA) – RA 9165
• Optical Media Board (OMB) - Republic Act 9239
• Bureau of Customs (BOC) • Bureau of Immigration (BI)
• Bureau of Internal Revenue (BIR)
• Bureau of Quarantine
• Bureau of Food and Drugs (BFAD)
• Commission on Human Rights (CHR)
• Maritime Industry Authority (MARINA)
• Philippine Coast Guard (PCG) - Republic Act No. 9993
• Movie and Television Review and Classification Board (MTRCB)
• Intellectual Property Office (IPO) - Republic Act No. 8239
• Department of Environment and Natural Resources (DENR)
• Bangko Sentral ng Pilipinas (BSP) • Land Transportation Office (LTO) – RA 4136
Terminologies
• Prosecution – is the process or method whereby accusations are brought before the
court of justice to determine the guilt or innocence of the accused.
• Prosecutor – it refers to the person who is a quasi-judicial officer who assures full
discretion and control over a criminal case in the administration of justice and
represents the government or the people of the Philippines in a criminal proceeding in
the court of law.
• Preliminary investigation – it is the inquiry or proceedings for the purpose of
determining whether there is sufficient ground that the crime is committed and probably
guilty thereof and should be held for trial.
• Probable cause - it is the existence of such facts and circumstances as would exile the
belief that the person charged is guilty thereof.
• Inquest – it is an informal and summary investigation conducted by a public prosecutor
in criminal cases when the suspect was arrested without warrant in order to continue
the detention of the suspect beyond what is prescribed by law.
• Ombudsman – a conditionally independent office that has disciplinary and
prosecutorial functions and exercise jurisdiction over administrative cases filed against
government officers or employees and can impose administrative penalties. (RA 6770)
KINDS OF PROSECUTION SYSTEM
 Adversarial/accusatorial system – the victim or his representative has the primary
responsibility for finding and presenting evidences to the court. The accused is
presumed guilty until proven innocence.
 Inquisitorial – the judge searches the facts, listens to witness to be taken, and
investigate to prove the guilt or innocence of the accused. The accused is presumed
innocence until proven guilty.
 Mixed system – adopts both accusatorial and inquisitorial, where the victim or his
representatives provides the fats, evidences and testimony of witness to prove the
guilt of the accused. The accused is presumed innocent and also provides facts,
evidences and testimony of his witness to disprove the accusation of the
complainant. The judge will investigate and determine the guilt of the accused
beyond reasonable doubt and its moral certainty.
 A prosecutor is one whose principal task is to charge violators of the law with the
offenses that they may have committed, to conduct preliminary investigation, to file the
necessary information before the court, and to represent the People of the Philippines.
Prosecutors are part of the Executive Branch of government and as a general rule
belong to the Department of Justice. However, the Ombudsman also prosecutes
offenses committed by public officer or employees.
FUNCTIONS OF THE PROSECUTION
1. conduct preliminary investigation
2. make proper recommendation during the inquest
3. represent the government in the absence of private counsel/prosecutor under
his supervision and control
4. acts as a law officer, adviser of political instrumentality’s and their officials
5. investigate administrative cases
INVESTIGATING FISCAL
1. finds cause to hold the respondent for trial, and he shall prepare the resolution and
corresponding information.
2. Certify under oath, shown by the record, an authorized officer, personally examine
the complainant and his witnesses that the accused is guilty thereof.
3. Informed by the complaint and of the evidence submitted against the accused.
4. Given an opportunity to submit controverting evidence.
5. If there is no probable cause, recommend the dismissal of the complaint.
6. Forward the record of the case including the resolution to the provincial of city fiscal
of chief state prosecutor within 5 days.
PROSECUTORIAL DISCRETION
1. It is similar with the police to determine the course of action and the proper
recommendation relative to the case assigned to him.
2. File the case in court on the merits.
3. Dismiss the case of insufficiency of evidence.
4. Enter into agreement with the defense counsel.
5. Recommend reduced charges and bail in favor of the accused.
REMEDIES OF THE OFFENDED PARTY AGAINST A FISCAL WHO REFUSES
UNREASONABLY OR UNJUSTIFIABLY FILE INFORMATION DESPITE THE
PRESENCE OF PRIMA FACIE EVIDENCE
1. File criminal case against the accused.
2. File administrative case against the prosecutor.
3. Hold the prosecutor criminally liable.
4. File accused for mandamus to compel the fiscal to file information.
5. File motion for reconsideration.
6. Appeal to DOJ.
COURT
Terminologies
• Court – is the governmental body officially assembled under the authority of law at the
appropriate time and place for the administration of justice through which the state
enforce its sovereign rights and powers.
• Judge – a public officer so named in his written evidence of appointment (commission)
assigned to preside over and to administer the law in a court of justice.
• Arraignment – it is the reading of the criminal complaint or information to the
defendant, by the judge or clerk of court and delivering to him of the copy thereof,
including the list of witnesses and asking him whether he pleads guilty or not.
• Promulgation – the clerk of court reads the decision of the judge after hearing of the
case.
• Bench – it refers to the courts in general.
• Bar – it refers to persons authorized to practice the legal profession (lawyers admitted
to the roll of attorneys of the Supreme Court).
• Venue – it is the site and location where the case is to be tried on the merits.
• Trial – it is the period for the introduction of evidence by both parties.
• Certiorari – it is a writ issued from a superior court requiring a lower court or a board,
or officer exercising judicial functions to transmit the records of a case to the superior
court for the purpose of review.
• Mandamus – an order issued by superior court commanding a lower court or a
corporation, board or person to perform a certain act which it is or his duty to do so.
 Trial by Order – it is an ancient procedure whereby an appeal was made to God to
make manifestation of the guilt or innocence of accused. This was considered as
“Judicium” which means the judgment by God.
 Trial by Ordeal – it is a system of determining guilt and innocence based on painful
test of skills. This method of administration of justice was abolished in 1215. In the
Philippines, during the pre-Spanish period almost the same concept was being
adopted based from the early law of the Philippines. During the Spanish era, there
where laws being followed by the people but no due process of law was used to
establish the guilt or innocence of the person. Only the determination of punishment
to be imposed upon the person who believed to have violated the law.
o During the early years of Spanish regime, the highest court was Royal
Audencia that decides criminal and civil charges but its decision were
appealable to the Supreme Court of Spain in Madrid.
o When Manila fell to the American occupational forces in 1898, General
Wesley Meritt established a military government and organized
provost/military courts that tried and decide all cases. But on May 29, 1899
Gen. Meritt issued General Order No. 20 which re-established the audencia.
The said order named six Filipino members of the Court and Cayetano
Arellano was appointed as the first Filipino Chief Justice. June 11, 1901
marks the birth of Supreme Court by the virtue of Act 136 (Judiciary Law).
Other courts such as Court of First Instance (Regional Trial Court), Justice of
the Peace Courts and other court were subsequently established. On August
8, 1901, the new Supreme Court promulgated its first decision.
 Judicial Power – it is the power to apply the laws to contest or disputes concerning
legally recognized rights and duties between the states and private persons, or
between individual litigants in cases properly brought before the judicial tribunals.
o a. To pass upon the validity or constitutionality of the laws of the state and the
acts of other branches and department of the government.
o b. To interpret and construe the law.
o c. To render authoritative judgment. d. To punish person adjudge in contempt
and issue warrants of arrest after due process has been observed.
 Jurisdiction – it is the authority to hear and determine a cause. It can be over the
offense (i.e. determined by law) as well as over the accused (i.e. by means of arrest
or surrender of the accused).
o 1. General – when it is empowered to decide all disputes which may come
before it except those assigned to other courts.
o 2. Limited – when it has authority to hear and determine only a specific case.
(special court)
o 3. Original – when it can try and decide a case presented for the first time.
o 4. Appellate – when it can take a case already heard and
o 5. Exclusive – when it can try and decide a case which cannot be presented
before any court.
 o 6. Concurrent – when anyone of two or more courts may take cognizance of a
case.
o 7. Criminal – that which exists for the punishment of crime.
o 8. Civil – that which exists when the subject matter is not a criminal nature.
Criminal
 Procedure – it is the method pointed out by law for the apprehension, trial or
prosecution and fixing a punishment of the person who have violated or accused to
have broken or violated the law, prescribe for the coagulation of the conduct of the
people of the community and who have thereby laid themselves liable to fine or one.
FUNCTIONS OF COURT
o 1. Keeping peace – it is the primary functions of any courts by giving justice.
o 2. Deciding controversies
o 3. Administrative role.
o 4. Decide the culpability or innocence of the accused.
o 5. Protector of human rights – promote justice in order to obtain peace
satisfaction and happiness of our citizenry and judges should exhibit
impartiality in his decision to the contentment of all his litigants.
ORGANIZATION OF COURTS
A. Regular Courts – the Philippine Judicial System consists of a hierarchy of courts
resembling a pyramid under the Reorganization Act of 1980.
1. First Level Court/Inferior court – a court which have jurisdiction over cases where the
penalty that may be imposed does not exceed six years imprisonment. It is classified
as:
a. Municipal Trial Court – a trial court in municipality and the judge covers one
municipality.
b. Metropolitan Trial Court – a trial court in metropolitan areas or chartered cities.
c. Municipal Trial Court for Cities – a trial court in a city.
d. Municipal Circuit Trial Court – a trial court in municipality and the judge covers
two or more municipalities.
2. Court of General Jurisdiction/Regional Trial Court – it refers to a court which have
jurisdiction over offenses punishable by more than six years imprisonment to reclusion
perpetua or life imprisonment.
3. Court of Appeals – a collegiate appellate court that reviews judgments from inferior
courts and court of general jurisdiction. It is composed of a one presiding judge and
sixty-eight associate justices who shall be appointed by the president of the Philippines.
It operates in seventeen divisions, each comprising three members. It only sits in en
banc to exercise ceremonial, administrative or other non- adjudicatory functions. It was
established under Batas Pambansa Bilang 129 known as “The Judiciary Reorganization
Act of 1980”.
4. Supreme Court – it is the court of final appeal that affirms, modifies, affirms or
reverses judgments of lower court. It is composed of chief justice and fourteen
associate justices and may sit either en banc or its discretion, in division of three, five or
seven members. Any vacancy shall be filled within ninety days and it shall be appointed
by the president. Likewise, Supreme Court has the power to discipline judges of lower
courts or order their dismissal by the vote of majority.

SPECIAL COURTS
1. Sandiganbayan – a collegiate court that sit both as a trial court or as an appeal court
when the accused is a government employee classified as Salary Grade 27 or above
and is charged with a crime in connection with his office. This special court was
established under Presidential Decree 1606 and its rank is equivalent to Court of
Appeals. It sits in five divisions of three justices each. Those divisions may sit at the
same time. The first three divisions stationed in Metro Manila (Luzon), the fourth division
in Cebu City (Visayas) and the fifth division shall be in Cagayan de Oro (Mindanao).
2. Court of Tax Appeals – a collegiate appellate court that has criminal jurisdiction over
violation of the Internal Revenue Code where the principal amount of taxes and fees
exclusive of penalties and charges in one million pesos or more. It is a special court of
limited jurisdiction. It was created under Republic Act 1125 and expanded its jurisdiction
and enlarging its membership through Republic Act 9282. It is the same level with Court
of Appeals. It composed of Presiding Judge and five associate justices and sits in two
divisions consisting of three justices.
3. Family Court – a trial court that has jurisdiction over criminal offenses where either
the victim or the perpetrator is a child regardless of the offenses or penalty be imposed.
It is created through Republic Act 8369 otherwise known as “Family Court Act of 1997”.
4. Military Court – a court that exercises jurisdiction over men and women of the AFP
who violates Article of War. The president as commander-in-chief has the authority the
decisions made by them.
5. The Shari‘a Courts This court was created under Presidential Decree 1083. This
court was established in certain specified provinces in Mindanao where the Code of
Muslim Personal Laws of the Philippines is being enforced. A Shari‘a District Court is of
limited jurisdiction. Cases falling within the exclusive jurisdiction primarily pertain to
family rights and duties as well as contractual relations of Filipino Muslims in Mindanao.
It has appellate jurisdiction over all cases tried in Shari’a Circuit Courts within their
territorial jurisdiction. There are five Shari’a District Courts. A Shari’a Circuit Courts is
similar to Municipal Circuit Trial Courts and were established in certain municipalities in
Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced. There are fifty-one Shari’a Circuit Courts.
PERIOD OF RENDITION OF DECISION
o First level court/inferior court – 3 months •
o Court of Appeals/Collegiate appellate court – 12 months •
o Supreme Court – 24 months

Chapter 7, Title One, Book III, Local Government Code of 1991, Republic Act 7160 -
Katarungang Pambarangay Law which took effect on June 1, 1992. • PD 1508 - the first
law which institutionalized the Katarungang Pambarangay which took effect on
December 20, 1978.
KATARUNGANG PAMBARANGAY
• composed of the punong barangay, as chairman and ten (10) to twenty (20) members
• possessing integrity, impartiality, independence of mind, sense of fairness, and
reputation for probity

1. NO LAWYERS allowed in barangay hearings.

2. Not all cases go to the Katarungan Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a court.
1V. CORRECTION
Terminologies
• Correction – it is the community’s reaction to a convicted offender. It is the fourth pillar
of CJS and considered as the weakest among the pillars.
• Penology – it is the division of criminology that focus with the philosophy and practice
of society in its effort to repress criminal activities. It was derived from the Latin word
“poena” which means “pain” or “suffering”.
• Punishment – it is regarded as an effective means of social control. It is the imposition
of penalty whether in a form of imprisonment and fine or both.
• Protection – it is regarded as a social defense wherein the society would gain
protection by putting criminals behind bars.
• Deterrence – it is based on the belief that the offender when punished and inflicted
with suffering would learn the hard way.
• Retribution – it is a primitive form of inflicting punishment by way of personal
vengeance. In its imposition, the punishment would depend on the degree of
satisfaction the aggrieved of offended party would obtain.
• Reformation – it is the latest justification resorted to by the imposition of punishment. It
is an attempt to return the law violator as responsible and productive member of the
society. • Rehabilitation – refers to treatment by means of therapy, vocational training,
education and counseling to help criminals to adjust to society and to avoid deviant
social behavior.
• Indeterminate Sentence – a sentence of imprisonment for the maximum period define
by law subject to the termination by the parole board at any time after serving the
minimum period.
• Mittimus – a warrant issued by the court bearing it seals and the signature of the judge
directing a correctional facility to receive the convicted offender for service of sentence
imposed therein.
• Diversification – it refers to penal system’s implementation of segregation.
• Carpeta – the institutional record of inmate which consist of his commitment order, the
prosecutor’s information and the decision of the court, including the appellate court if
there is any.
• Classification – it is the method of placing prisoners into type of categories by which
diagnosis treatment planning and execution of treatment programs are coordinated in
individual case.
• Custody – a penal safekeeping includes measures and activities.
• Detainee – a person under custody for the violation of law or ordinance and has not
yet been convicted. • Prison – refers to institution for confinement of sentence prisoners
serving imprisonment for more than three years.
• Prisoner – a person confined in jail or prison to serve a sentence after a conviction by
a competent court or authority.
• Atonement or Expiation – the penalty is commensurate with the gravity of the offense
based on the norms observed by the
FORERUNNER OF PENAL INSTITUTION
• Elmira Reformatory – the forerunner of modern penology due to its extensive use of
parole, social case work and training school type of institution. It incorporated the first
official use of parole release in the US.
• Auburn System – it is one of the forerunners of modern correctional system wherein
they confine the prisoners in single cells at night but allow them to work in congregate
shops during the day.
• Pennsylvania System – the penal method based on the principle that solitary
confinement fosters penitence and encourages reformation. Prisoners were kept in
solitary confinement Prisoners saw no one except institution officers and an occasional
visitor. Solitary penitence, however, was soon modified to include the performance of
work such as shoemaking or weaving. It was spread until it predominated in European
prisons.
BUREAU OF CORRECTIONS
It was formerly Bureau of Prisons (created by the virtue of Reorganization Act of 1907)
and under Chapter IV Section 1705 to 1720 of the Revised Administrative Code,
otherwise known as the Prison Law enacted its procedures for operation. It was
prescribed to be headed by Chief to be known as the Director of Prisons who shall
oversee the administration, supervision, management and control of all state prison
institution on our country. The President of RP appoints its head with the confirmation of
the congress by the commission on appointments. The Bureau of Corrections or BuCor,
is an agency under the Department of Justice, mandated to carry out institutional
rehabilitation programs of the government for national offenders, those sentenced to
more than three years, and to ensure their safe custody. It is composed of seven
operating institutions strategically located all over the country to accept national
prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro
Manila, where the Director, the assistant directors and the general administration staff
are holding official
NATIONAL PRISONS
1. New Bilibid Prison (NBP)
2. San Ramon Prison and Penal Farm (SRPPF)
3. Iwahig Prison and Penal Farm (IPPF)
4. Correctional Institution for Women (CIW)
5. Sablayan Prison and Penal Farm (SPPF)
6. Davao Prison and Penal Farm (DPPF)
7. Leyte Regional Prison (LRP)
RDC
The RDC is a specialized service designed to service correction system. The casework
of individualized method of diagnosis and treatment of the convicts are held there for a
period of 60 days commencing from their commitment to the prison.
On January 2, 1991, the Bureau of Jail Management and Penology was created
thru Republic Act 6975 as a line Bureau under the Department of Interior and Local
Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail
Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio
E. Concepcion. As mandated by law, the BJMP shall operate under the reorganized
Department of the Interior and Local Government. Starting from scratch with 500
personnel in 1991 the BJMP weaned from its mother PC/INP as a mere component, to
become a full-fledge bureau. Director Charles S. Mondejar took his oath of office on
July 1 of 1991 as the first Chief of the Bureau.
CLASSIFICATION OF PRISONERS
1. By Security Risk
• Maximum – it includes high security risk or highly dangerous inmates and
requires an extreme degree of supervision and control.
• Medium – include those cannot be trusted in less secured areas whose conduct
or behavior require minimum supervision.
• Minimum – include who may be reasonably trusted to serve their sentence
under less restricted conditions.
2. As to entitlement of privileges
• Third class – one who has either been previously committed for three of more times as
a sentenced inmate.
• Second class – a newly arrived inmate; an inmate demoted form first class of one
promoted from the third class.
• First class – are those whose known character and credit for work while in detention
earned assignment to this class upon start of sentence; or one who has been promoted
from the second class.
• Colonist – who are first class inmates and has served for one year immediately
preceding the completion of the period specified in the following classifications; has
3. Under Presidential Decree 29
• Municipal Prisoners – persons convicted to serve a period of imprisonment of not more
than six months.
• Provincial/City Prisoners – persons who by reason of their sentence may be deprived
of liberty of not more than three years or those who are unable to pay a fine of 1, 000
pesos.
• National Prisoner – prisoners who are convicted to serve a term of imprisonment of
more than three years.
PURPOSE OF CORRECTION AND SENTENCING
 1. Deterrence – the preventive effect which actual or threatened punishment of offender
has upon potential offender.
2. Rehabilitation – it is the process to help the criminals to adjust to society and to avoid
deviant behavior.
3. Reintegration – this process submits that the criminal behavior was due to the gap
between the criminal and the community.
4. Isolation of Prisoners – insulation of criminals from law- abiding citizens so as to not
to pollute them.
JAIL
Jails are considered as the bulwark of community social protection in the sense
that it isolates the offenders from the rest of the population for a period while the
determination of their case in heard on the merits.
Types of Jail
1. Lock-up Jail – security facility operated by personnel of the local law enforcement
units for temporary detention of person under investigation or waiting preliminary
investigation.
2. Ordinary Jail – this facility houses prisoner convicted of offenses which the
punishment does not exceed three years of imprisonment and those with pending cases
before the courts and run by BJMP.
NON-INSTITUTIONAL CORRECTION
• Pardon – it is a form of executive clemency which is an act exercised by the President
which exempting an individual on whom it is bestowed from the punishment of the law
inflicts for the crime he has committed.
• Amnesty – it is the general pardon extended to a group or classes of persons and is
exercised by the chief executive, with the concurrence of congress.
• Commutation – it is the change in the decision of the court made by the President by
reducing the degree of penalty inflicted upon the convict or by reducing the length of
imprisonment of amount of fine imposed by the court in the verdict of conviction.
• Reprieve – it is the temporary stay in the execution of the sentence. The execution is
set backwards to enable the President to review the merits of the case and determine
proper punishment for the convict. It is exercise only the
• Probation – it is a juridical disposition after which the dependant after conviction and
the sentence is release subject to the condition imposed by the court and the
supervision of probation officer. Presidential Decree 968 is the Probation Law of 1976.
• Parole – it is a form of supervised conditional liberty from prison granted prior to the
expiration of the sentence. It is come from the French word “Parole d’honeur” meaning
“word of honor”.
COMMUNITY
The community has an unparalleled role as the fifth pillar of the CJS. In this connection,
community understood the mean as elements that are mobilized and energized to help
the authorities in effectively addressing the law and order concerned of the citizenry. In
fact, the community should be considered the first pillar because it is above all that
aspires after a certain quality of social life expressed in public policy as well as in
criminal law and codes. Community has the vital role in law enforcement. The citizen
can achieved these roles by identifying offenders, giving data and information about the
illegal activity or cohorts of the criminals, the proliferation of organized crimes and
syndicates, volunteering as witness and adapting precautionary and remedial measures
to diminished crimes. Crime prevention is not a sole responsibility of all law enforcement
agencies but it is equally the concern of every citizen in order to have a peaceful place
to live.
1. The Home – it is the cradle of personality, for in it the child forms fundamental
attitudes and habit that endure throughout his life.
2. The School – it is in a strategic position to prevent crime and delinquency because it
exercises authority over every child who is of school age. It has the excellent
opportunity to influence child’s attitudes and behavior.
3. The Church – it points out to the faith their relationship to God and their fellowmen,
and who, by work and example, lead community members to live a moral life.
4. The Government – it is a duly constituted authority that enforces the laws of the land,
as such, it is the most powerful institution as far as control of people is concerned.
Respect for the government is influenced by the respect of the public to the people
running the government.
5. The Mass Media – it is considered as the best instrument for information
dissemination, and the best source of knowledge for the public. It is where the public
opinions are formed and gives food for thought to the people.
6. The Community Agencies – nation is composed of people who interacts with one
another and follows same rules and regulation.
7. The Barangay Official – it is a cohesive group of inhabitants possessing commitment
and performing well-defined and significant role that can be transformed into effective
and harmonious action for the prevention and of crime and delinquency.
RA 6981
It is the Witness Protection, Security and Benefit act of 1991. Under Sec 8 of this law,
the witness shall have the following rights and benefits:
1. To have secure housing facilities until he has testified or until the threat, intimidation
or harassment disappear.
2. Assistance in obtaining livelihood.
3. Giving equivalent salary if the witness has been terminated due to witness duty.
4. Provide reasonable travelling allowance.
5. Provide with the medical treatment, hospitalization and medicines.
6. If the witness is killed due to his witness duty, his heirs shall be entitled to burial
benefits of P10,000 exclusive of any other benefits. 7. In case of death or permanent
incapacity his minor or dependent children shall be entitled to free education from
primary to college level.