SCHOOL OF CRIMINAL JUSTICE AND PUBLIC SAFETY

MODULE

ON
 TABLE OF CONTENTS
TITLE CONTENT PAGE
INTRODUCTION Course Code/Description 1 -2
MODULE I Historical development of theories of crime and 3-32
punishment

MODULE II 33-60
The Philippine Criminal Justice System

MODULE III 61-69

Restorative Justice

EVALUATION Course Evaluation 70

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 INTRODUCTION OF THE MODULE

I. Course Code and Course Title:

CRISOC 3/CRIMIS 3
Introduction to Philippine Criminal Justice System

II. Course Description:

This subject course deals with the study of the Philippine Criminal Justice System. It also covers
their respective functional relationship of the 5 Pillars of PCJS ,their roles in the administration
of justice and solution of crimes.

III. Requirement of the Course:

1. Quizzes, Assignments and Research works (Online/Offline)
3. Periodic Major Exams (Online/Offline)
4. Group/Individual research (Online/Offline)
5. Definition of Terms
6. Outline of Lecture notes
7. Seminar/Training (Offline)
8. Research/Library works (Online/Offline)
9. Innovative/OBE outputs

III. RUBRIC: Quiz/Exam /Essay / Quizzes, and Homework Assignments

3 2 1
CONTENT All questions are Most questions are Few or no question
based on the based on the are based on the
material covered in material covered in material covered in
presentation. presentation. presentation
NUMBER OF QUESTION 10 Question 8-9 Question 7 or less Question
TYPES OF Atleast 3 different 2 Different types of 1 Type of question
QUESTIONS(MATCHING, types of question questions are on of the quiz.
MULTIPLE CHOICE, FILL are on the quiz. the quiz
IN THE BLANK
Unsatisfactory Competent Exemplary

Fails to address the question Demonstrates an adequate Demonstrates an accurate

or demonstrates an understanding of the question and
inadequate complete understanding of the
or partial grasp of the question
question

Answer lacks clarity, may be Answer displays basic Answer displays clarity of
confused, omit significant knowledge of thought,
facts or the issue depth of reflection, and insight
is otherwise incomplete

Does not incorporate pertinent Incorporates some Incorporates pertinent details

information from lectures information from from lectures and assigned
or assigned readings lectures and assigned readings,
readings but providing evidence for key
not in an overly thorough claims
 manner when needed

Substantially digresses from Usually maintains focus but Maintains focus avoids being
the may sidetracked
central issue occasionally digress from the
central issue

Significant problems with Presents information fairly Presents answer clearly and
clarity, clearly Concisely in an organized
concision, and organization, and concisely, may have manner
making minor
the information presented organization problems
difficult to
comprehend

May merely restate the Does more than merely Does much more than merely
question and restate the restate
offer an irrelevant or question and offer a brief the question and offer a brief
undeveloped response response
response
May contain enough Uses acceptable style and Uses elements of style and
distracting grammar grammar
Grammar, spelling, etc. errors (contains one or a few errors) well
to make it substantially
incomprehensible

MODULE I
Historical development of theories of crime and punishment
I. Objectives
At the end of the module, the students should be able to:
1. Conceptualize the history of Criminal Justice System practices.
2. Memorize the role of the Criminal Justice System in Crime prevention and control.
3. Discuss the American Criminal Justice System
4. Understand and discuss the principles of CJS
5. Discuss Crime, Criminal Law, Anatomy of Crime.

HISTORY:
A. Biblical Principles
Old Covenant
The history of crime begins in the first book of the Bible which dates back at least seven
thousand years. Whether the Genesis account of Cain and Able is accepted as historical fact or
allegory, the principle of retributive justice is as old as recorded history.

Exodus 21: 24, the oft misquoted "Eye for an eye" verse, when read in context is a statement of
the modern "rule of proportionality" standard used on our courts today. That is, the pay-back
(penalty) is proportionate to the harm actually caused (“value for value"). This is a legal principle
in Biblical, Rabbinical and Common Law.

In Deuteronomy 17:6 the modern principle of "two or more witnesses" is found. This is a
requirement that direct testimony, corroborated by other direct testimony, be the standard of
admissible evidence in capital cases.

Deuteronomy 17:12-13, - deterrence principle - death penalty is pronounced on men who

refuse to obey the edicts of the court.

When the ONLY principle of punishment applied is deterrence, however, the system becomes
dangerous and destructive. Deterrence alone breeds a "zero-tolerance" atmosphere where "the
letter of the law" is paramount and "the spirit of the law" is suffocated.

New Covenant
The New Covenant, written nearly two thousand years ago, reflects a continuation of the Old
Covenant legal principles. The distinction, however, (which is completely lost on many modern-
day "theologians") is that the same principles of law which were external before are internalized
through the Spirit of Christ.

B. Greco-Roman
Greco-Roman law looked only at the technical violation of law. If the law said an act was
prohibited, then it was bad because the law said so (Mala Prohibita). This makes prosecution
very easy because it eliminates the need for any cumbersome evidentiary rules. Although not
much of a system for dispensing "justice", such a system is well-suited for maintaining social
order. Roman law was therefore more streamlined and perhaps more efficient in a bureaucratic
sense than Rabbinical law (Biblical Law) which was morality based.

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Judaism and Christianity hold that certain acts are "morally repugnant" and are wrong
because they do harm. Such acts are evil in and of themselves (Mala en Se).
C. English Common Law –
Importance of Mens Rea (having a guilty mind) or "criminal intent"

In this historical period, judgments from the court began to reflect the two component parts of a
criminal violation, "Actus Reas" (guilty act) plus "Mens Rea” (guilty mind).

II. Background Study of Crime, Criminal, Justice and System

A. Essence of Justice
Mortimer J. Adler points out that it is easy to say what justice is in abstract, but it is hard to
determine what is just in any given particular case. We must not confuse the question, “what is
justice” with the question, “is the particular action just?”

The figure of Justitia, the goddess of justice, is considered to be a symbol of justice. In her left
hand she holds scales (symbolic of using just weights for measuring goods and of having
balanced opinions) and in her right hand a sword (to ensure that justice is in victor). To
represent impartial judgment, she wears a blindfold.

Justice, the idea of giving each person his or her fair due as a matter of right. A primary sense
of justice is the fairness of a system of laws. While justice has traditionally been considered to
be a cardinal virtue, it now deals with cases of scarcity and conflict that might disappear in a
morally perfect world.

It should be noted, however, that justice does not mean treating everyone the same: it would be
unjust, for example, to treat the criminal the same as the victim. Instead it requires equal
consideration of each person without arbitrary prejudice. Reasons must be given for treating
people unequally. For example, should wealth be awarded on the basis of need, of merit, or of
agreement? Theories of justice must determine which reasons are relevant in each situation.
Different reasons, and so different schemes of justice, apply in each area of social life.
Philosophers distinguish between” distributive justice” for the distribution of social goods and
burdens, “retributive justice” for the assignment of punishments, and “commutative justice” for
the terms of exchange. Each political philosophy, such as utilitarianism or the “justice as
fairness” of John Rawls offers its own account of what justice requires.

Mortimer J. Adler’s two precepts as indicating the true essence of justice. The first is “render to
each is due” For instance, if one borrows money promising to pay it back, the just thing to do is
to pay it back. It is rendering to him what is due. To refuse to pay it back is unjust since it
amounts to keeping what belongs to another.

The second precept is, “treat equals equally and unequal unequally in proportion to their
inequality,” For example, if all members of a class in school did not do their assignments, all
should receive the same grade otherwise there will be injustice. Justice involves equal
punishment for identical offenses and equal rewards for identical merits.

Another way of explaining it is by saying “to each according to his deserts,” meaning that those
who contribute more should receive more and those contribute less will receive less but
knowing that does not tell us how to determine the relative contribution of each individual.

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B. Essence of Justice under the Philippine Constitution
Under Sec. 1, Art III of the 1987 Philippine Constitution, no person shall be deprived of life,
liberty or property without due process of law, nor shall a person be deprived of the equal
protection of law. This guarantee dictates that in order that justice will be realized there must be
the observance of due process. Due process is a guaranty against any arbitrariness on the part
of the government, whether committed by the legislative, executive or the judiciary.

Kinds of Due Process

a. Procedural due process – is one which hears before it condemns which proceeds upon
inquiry and renders judgment only after trial.
b. Substantive Due Process – this requires the intrinsic validity of the law in interfering with the
rights of the person to his life, liberty or property.

Justice according to the Supreme Court of the Philippines is symbolically represented by a

blindfolded woman, holding with one hand a sword and with the other a balance, meaning
thereby that it is administered without respect to persons, equally to the poor and the rich.

C. Definition of Justice
Justice, the idea of giving each person his or her fair due as a matter of right. A primary sense
of justice is the fairness of a system of laws.

According to Ginsberg, justice in the broadest sense consists the ordering of human relations in
accordance with general principles impartially applied. It is the observance of one’s right.

Rosset and Cressey say justice is accomplished by criminal justice agents who are flexible.
Therefore, not everyone is treated alike, and what is just depends upon the circumstances of an
act. A just punishment for a crime depends upon variables associated with the act, not only with
the crime itself.

Justice according to its legal definition is a standard of action on the part of public officials in
accordance with the entire body of law.
Distributive, Retributive, Commutative Justice distinguished.
1. Distributive justice for the distribution of social goods and burdens;
2. Retributive justice for the assignment of punishments, and
3. Commutative justice for the terms of exchange.

Criminal Justice.
Criminal Justice refers to the study of agencies of social control that handle criminal offenders

Criminal justice System.

Criminal Justice System is defined as the machinery of the State or government, which enforces
the rules of conduct necessary to protect life and property and maintain peace and order.

GOALS OF CRIMINAL JUSTICE SYSTEM

1. Protect the members of the society.
2. Maintain Peace and Order
3. Crime prevention
4. Suppression of criminal conduct
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5. Review the legality of existing rules and regulations

6. Rehabilitation and reformation of offenders
Criminology
Criminology is the body of knowledge regarding crime as a social phenomenon. It includes
within its scope the process of making laws, of breaking laws, and of reacting toward the
breaking of laws.

Differentiate Criminal Justice from Criminology

1. While Criminology explains the etiology, extent, and nature of the crime in society; Criminal
Justice studies the agencies of social control that handles criminal offenders.

2. While Criminologists are concerned with identifying the Nature, extent and causes of crime;

Criminal Justice scholars engage in describing, analyzing, and explaining the operations of the
agencies of justice, specifically the police department, the prosecution, the courts and the rest of
the pillars of the system in seeking a more effective methods of crime control and offender
rehabilitation

Is there an overlapping area of concern between criminal justice experts and

criminologists?
Yes, Criminal justice experts cannot begin to design effective programs of crime prevention of
rehabilitation without understanding the nature and cause of crime, They require accurate
criminal statistics and data to test the effectiveness of crime control and prevention programs.
It is in this aspect that Criminal Justice and Criminology have overlapping concern.

III. Understanding Crime

Crime
It is the core wherein the components of the system evolve. It is the substance of the system
which determines the nature and degree of involvement of the different components. Without
crime the quest for justice lacks substance.

Crime as to its legal concept are acts that are in violation of criminal law; acts or omission
punishable by law as enumerated in the Revised Penal Code otherwise known as the code of
crime.

Crimes as to behavioral maladjustment are acts which are considered undesirable; acts which
are not in conformity with the accepted norms of conduct in the society.

Crime in its universally accepted concept may be defined as an act committed or omitted in
violation of the public law forbidding or commanding it.

Elements of Crime
a. There must be an act or omission.
b. The act or omission must be in violation of law.
c. The act or omission is performed by means of dolo and culpa.
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Act or Commission and Omission distinguished.
An act or a commission is any bodily movement tending to produce some effect in the external
world, its being unnecessary that the same be actually produced, as the possibility of its
production is sufficient.
But the act must be one which is defined by the law as constituting a felony; or, at least, an
overt act of that felony, that is, an external act which has direct connection with the felony
intended to be committed.

While omission means inaction or failure to perform a positive duty which one is bound to do.
There must be a law requiring the doing or performance on an act.

Classification of Crime/felonies according to the means by which they are committed.

1. Crime by Dolo (deceit) or Intentional Crime.
In crime by dolo or intentional crimes, the act or omission of the offender is malicious. In the
language of Art.3 of the Revised Penal Code, the act is performed with deliberate intent (with
malice). The offender, in performing the act or in incurring the omission, has the intention to
cause an injury to another.

Requisites of Dolo or malice.

a. Freedom – It is the capacity of a person to do whatever he pleases or the ability to do
whatever he wishes. When a person acts without freedom, he is no longer a human being but a
tool; his liability is as much as that of the knife that wounds, or of the torch that sets a fire, or of
the key that opens a door, or of the ladder that is placed against the wall of a house in
committing robbery.
Thus, a person who acts under the compulsion of an irresistible force is exempt from criminal
liability. (Art. 12, par.5 of RPC)
So, also, a person who acts under the impulse of an uncontrollable fear of an equal or greater
injury is exempt from criminal liability. (Art. 12, par. 6 of RPC)

b. Intelligence – Refers to the rationality of the mind or the ability to know what is right and
wrong; the capacity of the person to foresee the consequences of his actuations. Without this
power, necessary to determine the morality of human acts, no crime can exist. Thus, the
imbecile or the insane, and the infant under nine years of age as well as the minor over nine but
less than fifteen years old, and acting without discernment, have no criminal liability, because
they act without intelligence. (Art. 12, pars. 1,2 and 3 of RPC)

c. Intent – It is the purpose to use a particular means to effect such result.

Intent to commit the act with malice, being purely a mental process, is presumed and the
presumption arises from the proof of the commission of an unlawful act.

All the three requisites of voluntaries in intentional felony must be present, because “a voluntary
act is a free, intelligent, and intentional act.” (U.S. vs. Ah Chong, 15 Phil. 488, 495)
2. Crime by Culpa (Fault).
In culpable felonies, the act or omission of the offender is not malicious. The injury caused by
the offender to another person is “unintentional, it being simply the incident of another act
performed without malice”. As stated in Art.3, the wrongful act results from “imprudence” which
indicates a deficiency of action or lack of skill and “negligence” which indicates a deficiency of
perception or lack of foresight.
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Requisites of Crime by Culpa (fault)

a. Freedom
b. Intelligence
c. Negligence/imprudence or lack of foresight /skill.
Stages in the Execution of Crime. (RPC Book 1)
1. Attempted Felony/Crime
There is an attempt when the offender commences the commission of a felony directly by overt
acts, and does not perform all the acts of execution which should produce the felony by reason
of some cause or accident other than his own spontaneous desistance.
Examples:
A. Directly by overt acts
1. A, with an intention of killing B, mixed poison with his food but for some reason, B threw away
the food with poison from his mouth. A is liable for attempted murder.

2. B, pursuant to his agreement with A, commenced the commission of the crime by shooting C,
with intent to kill, but missed and did not injure C, both A and B are guilty of attempted felony,
because of conspiracy.
B. “Does not perform all the acts of execution.”
• People vs. Lamahang, when the accused, for the purpose of entering the dwelling of
another broke one board and unfastened another from the wall but before he could start
entering through the opening thus created he was arrested by a policeman, the crime
committed was only attempted trespass to dwelling.

C. “By reason of some cause or accident”

• A picked the pocket of B, inside of which there was a wallet containing P50.00. Before A
could remove it from the pocket of B, the latter grabbed A’s hand and prevented him
from taking it. In this case, A failed to perform all the acts of execution, that is, taking the
wallet, because of a cause, that is, timely discovery by B of the overt act of A.

By accident – A aimed his pistol at B to kill the latter, but when he pulled the trigger it jammed
and no bullet was fired from the pistol.
D. “Other than his own spontaneous desistance”
If the actor does not perform all the acts of executions by reason of his own spontaneous
desistance, there is not attempted felony. The law does not punish him.

2. Frustrated Felony/Crime
It is frustrated when the offender performs all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do not produce it by reason of causes
independent of the will of the perpetrator.
Examples:
1. People vs. Honrada, 62 Phil.112, where the accused stabbed the offended party in the
abdomen, penetrating the liver, and in the chest. It was only the prompt and skillful medical
treatment which the offended party received that save his life.
2. People vs. David, 60 Phil.93, where the accused in firing his revolver at the offended party hit
him in the upper side of the body, piercing it from side to side and perforating the lungs. The
victim was saved due to adequate and timely intervention of medical assistance.

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3. Consummated Felony/Crime
A crime is consummated when all the elements necessary for its execution and accomplishment
are present.
Example: In theft, the crime is consummated when the thief is able to take or get hold of the
belonging to another, even if he is not able to carry it away. In arson, if any part of the house,
no matter how small, is burned, the crime of arson is consummated.

Formula of Crime: Coined by David Abrahamsen in his book “Psychology of Crime”.

Criminal Tendency + Total Situation
CRIME = ------------------------------------------------ or C= T + S
Resistance R
C – Crime/Criminal Behavior
T – Criminal Tendency (motive/desire/intent)
S – Total Situation (Opportunity)
R – Resistance to Temptation

Anatomy/Triad of Crime
1. Instrumentality
It is the means or implements use in the commission of the crime. It could be a firearm, a bolo, a
fan knife, and ice pick, poison or obnoxious substances, a crow bar, a battery-operated hand
drill for carnapping, motor vehicle, etc.

2. Opportunity
Consist of acts or omission by a person (victim) which enables another person or group of
persons (criminals) to operate the crime. Examples include leaving ones home crime prone
alley, wearing expensive jewelry in the slum area, readily admitting a stranger into one’s
residence and the like.

3. Motive
It is the moving power which impels one to action for a definite result. Refers to the reasons or
cause why person or group of persons will perpetrate a crime.

Classifications of Crime:
Felony – An act or omission in violation of the Revised Penal Code.
Misdeameanor – An act or omission in violation of a city or municipal ordinance.
Offense – An act or omission punishable by special penal laws.
Mala in se – The act is wrong from their nature, such as theft, rape, homicide, etc. Crimes mala
in se are those so serious in their effects on society as to call for almost unanimous
condemnation of its members.
Mala Perse – The act is wrong because it is immoral.
Mala Prohibita – The act is wrong because there is a law or statute prohibiting it, such as illegal
possession of firearms. Crimes mala prohibita are violations of mere rules of convenience
designed to secure a more orderly regulation of the affairs of society.

Public Crimes and Private Crimes distinguished.

1. Public Crimes
Are those crimes committed against society which have produce direct damage or prejudice
common to all its members.
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2. Private Crimes
Private crimes are those which cannot be prosecuted except upon complaint filed by the
aggrieved or offended party. They are also crime against the State, and the law imposes the
condition that there be a complaint by an aggrieved party out of consideration of the aggrieved
party’s preferring to suffer the outrage in silence rather than go through the scandal of a public
trial. These are those enumerated in Art. 344 RPC.

Are those crimes committed against individuals, particularly against their chastity but do not
produce danger prejudice common to all members of the society. They cannot be prosecuted de
officio.

What is Common Law Crimes?

These are acts against the body of principles; usage’s and rules of actions, which do not rest for
their authority upon any express and positive declaration of the will of the legislature.

- Punishable in England and United States

N.B. No Common Law Crimes in the Philippines

What is Impossible Crime?

It is an act which would be of an offense against persons or property, were it not for the inherent
impossibility of its accomplishment or on account of the employment of inadequate or ineffectual
means.

Attempted or Frustrated felony distinguished from impossible crime.

1. In attempted or frustrated felony and impossible crime, the evil intent of the offender is not
accomplished.
2. But while in impossible crime, the evil intent of the offender cannot be accomplished, in
attempted or frustrated felony the evil intent of the offender is possible of accomplishment.
3. In impossible crime, the evil intent of the offender cannot be accomplished because it is
inherently impossible of accomplishment or because the means employed by the offender is
inadequate or ineffectual; in attempted or frustrated felony, what prevented its accomplishment
is the intervention of certain cause or accident in which the offender had no part.

BREEDING GROUNDS OF CRIMINALITY (CAUSES OF CRIMES)

1. Poverty – This is characterized by the widespread unemployment, low income and
productivity, malnutrition, big families and rapid population growth rates, low standard of living
and the like. Because of poverty and its concomitant deprivation and hardship, many become
desperate and are forced by circumstances to resort to crime; just so, they could alleviate or
escape from their miseries and frustrations.

2. Ignorance - This factor is widespread among people, who lack knowledge and understanding
about many laws and things, which they should and are presumed to know as citizens.

3. Injustices/Abuses – This factor in itself already constitutes several crimes themselves. As if

these were not enough yet, such they spawn and breed more crime to happen as aftermath
thereof.
12.

4. Soft State – This pertains to a system of government characterized by non-enforcement of

several laws and ordinances, massive graft and corruption, absenteeism on the part of
government officials, lack of basic services and other ugly symptoms.
5. Fear – This problem is pervasive that it affects practically the entire society, whether rich or
poor.
6. Lost Family Values – It loosens family ties, result in many broken homes or families. As
children are separated from their parents, they go wayward and become misguided. Many
become addicted to prohibited drugs, unwed or separated parents and eventually become
criminals or victims of crimes.

7. Others like movies, modern technology, personality disorders, biological (hereditary) and
environment.

OTHER BASIC CAUSES OF CRIMES (By: Cirilo Tradio)

1. Hatred – Some individuals develop violent hatred for reasons or another. This hatred may
ultimately result in some acts of violence. The normal or well-adjusted person can control
hatred. Others, because of their mental make-up, cannot control hatred which in all likelihood
would result in an act of violence against another.
2. Passion – All persons are born with the same general tendencies and passions. It is in the
manner in which they control these passions that will determine whether or not a person is able
to control his passion will depend upon his early training and the influence of his home.
3. Personal Gain – It is normal for a person to desire to improve his life and to work hard to
provide a better if not abundant life for himself and his family.
4. Insanity – From among the members of the society, there are those who are born mentally
abnormal and are therefore not governed by their own free will. They cannot distinguish good
from evil. They have no control over their physical want and are not aware that what they have
done is wrong.
5. Revenge – This literally means to retaliate. This is what most people feel and think of when
others have committed acts detrimental to the interest of their loved ones. It is the manifestation
of uncontrollable impulses by one against another who offended them.
6. Unpopular Laws

Basis of the Criminal Justice system

Criminal Law is the basis that takes place in the Criminal Justice System.
Basic is the rule in Criminal Law that “there is no crime where no law is punishing it.” And only
violations of Criminal Law are being considered and processed in the Criminal Justice System.
Where no violation of Criminal Law or where no commission of the crime, in general, Criminal
Justice as a process will not operate.

Criminal law is that branch or division of law which defines crimes, treats of their nature, and
provides for their punishment.

Summarily therefore, a person can be branded a criminal under the following

circumstances:
1. He must have committed the crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have
been arrested.
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4. Due to presence of prima facie evidence, the case was remanded to the court by the
prosecutor for trial.
5. There was an arraignment.
6. There was a trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
 9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

The two basic principles of criminal law in the administration of the Criminal Justice
System in the Philippines.

Our system of justice operates on two key principles of criminal law.

1. The first is “the presumption of innocence”. This means that those who are accused of
crimes are considered innocent until proven guilty. This is the fundamental assumption of our
legal system that at least in theory is supposed to exist. Thus, the accused is entitled to all the
rights of the citizens until his/her guilt has been determined by the court or by his/her
acknowledgement of his/her guilt that he or she indeed committed the crime.

2. The second principle is “the burden of proof (which in criminal cases means that
the government must prove) beyond reasonable doubt”1 that the suspect committed
the crime. Because in criminal prosecutions, the penalty imposed maybe an
imprisonment and even death in some cases, the state is given a difficult burden.
Nevertheless, it is the bedrock of our social – and through it, our legal- system.

Concept of the Principle of Presumption of Innocence.

No less than the Constitution of the Philippines provides that an accused shall be presumed
innocent until proven guilty.

In our Criminal Justice process, the burden of proof lies in the public prosecutor. It is incumbent
upon the prosecutor to prove that the accused is guilty as charged. And in so doing, he/she
must rely on the strength of his/her evidence and not on the weakness of the accused’s
evidence.

It follows, therefore, that the accused is entitled to all the rights of an individual citizen until the
guilt is proven.

Concept of Proof Beyond Reasonable Doubt. Give the Legal source.

In our setting, our criminal proceeding carries the penalty of imprisonment or deprivation of
liberty, and to the extreme, the punishment of death. In order to make sure that only those who
are guilty of the crime are punished, our Rules on Evidence provides that the evidence, in order
to be sufficient to convict an accused for a criminal act, proof beyond reasonable doubt is
necessary. Unless his guilt is shown beyond reasonable doubt, he is entitled to an acquittal.2

MEANING OF PROOF BEYOND REASONABLE DOUBT

Proof beyond reasonable doubt does not mean such a degree of proof as, excluding he
possibility of error, produces absolute certainty. Moral certainty is only required, or that degree
of proof which produces conviction in an unprejudiced mind.3

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CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM
The criminal in relation to the administration of the Criminal Justice System
- The criminal is the main character or the principal actor, so to speak, of the Criminal Justice
System. Some authors even refer to him as the superstar, if you will, because upon him the
pillars of the system revolve.

A criminal may be defined in three (3) different views:

1. In Criminological sense, a person may be considered as a criminal from the time he or she
committed the crime regardless whether or not it has been reported to the Police for
investigation.

2. In legal sense, a person may be considered a criminal only upon undergoing the judicial
process and upon determination by the Court that he or she is guilty beyond reasonable doubt.

3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process
and went through all the pillars of the Criminal justice System.

The different nomenclatures given to the person who is being processed under the
Criminal Justice System? They are the following:
1. At the police stage, during investigation or custodial interrogation regarding his/her
involvement or participation in the commission of the crime, he/she is referred to as the
SUSPECT.

2. At the Prosecutors office, during the determination of probable cause or during the
Preliminary Investigation, he is referred to as the RESPONDENT.

3. At the trial of the case, when a case has been filed in Court, he is referred to as the
ACCUSED.

4. Once the Court has determined that the accused is guilty beyond reasonable doubt as
charged and the judgement has been rendered, he is referred to as the CONVICT or
CONVICTED FELON or CONVICTED OFFENDER.

5. It is only upon undergoing all the process when the person has fully served the sentence
when he can really be considered as a CRIMINAL.

Four elements of justice in order that justice may be dispensed of absolutely.

To dispense absolute justice requires the presence of four elements:

1. the absolute ability to identify the law violator.

2. The absolute ability to apprehend law violator.
3. The absolute ability to punish law violator.

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4. The absolute ability to identify the intent of the law violator.

The four types of mistakes that can happen when society attempts to administer justice.

When societies attempt to administer justice, mistakes are inevitable. Types of mistakes
include the following:

1. The innocent is punished.

2. The guilty escapes the punishment.
3. The guilty are punishment more severely than necessary.
4. The guilty are punished less severely than necessary.

Goals of the Criminal Justice System

The goals of the CJS may be categorized into two (2).
1. The Primary goal.
2. The secondary or sub-goals.

Primary goals of the Criminal Justice System.

The following are the primary goals of the Criminal Justice System:

1. To protect the members of the society. It is the formal instrumentality authorized by the
people of the nation to protect both their collective and individual well-being.

2. The maintenance of peace and order. Political, economic and institutional stability are goals
of an organized society. Because the existence of crime and disorder disrupt stability in the
society, we have given the CJS authority to act as society’s representative and to serve as the
instrument by which the existing order is maintained

Sub-goals or Secondary goals.

The following are the sub-goals of the Criminal Justice System:
1. The prevention of crime.
2. The suppression of criminal conduct by apprehending offenders for prevention is ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those apprehended.
5. The proper disposition of those who have been legally found guilty.
6. The correction by socially approved means of he behavior of those who violate the law

PHILOSOPHY behind the Criminal Justice System

Philosophies behind the Criminal Justice system:
The following are the Philosophy behind the Criminal Justice System.
1. The Adversarial Approach; and
2. The Inquisitorial Approach.
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Adversarial approach.
The adversarial approach assumes innocence. The prosecutor representing the state must prove
the guilt. The adversary approach requires that the proper procedures are followed, procedures
designed to protect the rights of the accused.
The adversary system embodies the basic concept of equal protection and due process4. These
concepts are necessary in order to create a system in which the accused has a fair chance against
the tremendous powers of the prosecutors and the resources of the State.

Theoretically, the protection will prevent the prosecutor from obtaining a guilty verdict for an
innocent defendant. In reality, however, justice does not always prevail.

Inquisitorial approach.
The inquisitorial system assumes guilt; the accused must prove that they are innocent. The
inquisitorial approach places a greater emphasis on conviction rather than on the process by
which the conviction is secured.

Distinguish the above philosophies of the Criminal Justice System.

1. As to the presumption:
The Adversarial Approach assumes the accused to be innocent; while the Inquisitorial Approach
assumes the accused to be guilty.

2. As to the burden of proof:

The Adversarial Approach places the burden on the public prosecutor to prove the guilt of the
accused; while the Inquisitorial Approach places the burden of proving his innocence on the
accused.

3. As to the emphasis:
The Adversarial Approach places emphasis on the process; while the Inquisitorial Approach
places emphasis on the conviction of the accused.

The philosophy adopted by our Criminal Justice System

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

This is obvious due to the greater emphasis on the observance of due process and of the litany
of rights in the Bill of Rights of our Constitution.

Two principles of law that must be adhered to in our Criminal Justice System
The two (2) principles of law that must be adhered to in our criminal Justice System are the
following:
1. The principle of due process of law; and
2. The principle of equal protection clause.

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Concept of Due Process of Law.

Essentially, the concept of due process means that those who are accused of the crimes and
those who are processed through the Criminal Justice System must be given the basic rights
guaranteed by the Constitution.
As explained by the Supreme Court, the due process clause is elastic and flexible to be able to
meet varied contingencies.
In essence, due process simply means compliance with the requisite NOTICE and HEARING.
The essence of due process is found in the reasonable opportunity to be heard and submit any
evidence one may have in support of one’s defense. What the law prohibits is not the absence
of previous notice but the absolute absence thereof and the lack of opportunity to be heard.5

Concept of Equal Protection Clause.

The equal protection clause in essence declares that the state may not attempt to create or
enforce statutes against a person solely because of specific characteristics such as race, age,
or sex. According to the Supreme Court, it must be based on some reasonable classification.6

Concept of Criminal due process

Criminal due process requires that the accused be tried by an impartial and competent court in
accordance with the procedure prescribed by law and with proper observance of all the rights
accorded him under the Constitution and applicable statutes (ex. denial of preliminary
investigation when proper).

The basic ingredient of criminal due process is a trial conducted in accordance with the
rudiments of fair play.7

Who can utilize this right to criminal due process?

Any person under investigation of the crime may at all times invoke his right to due process.

The Bill of Rights (including the right to due process) is a litany of weapons, which a person may
use in order to resist or defeat any abuse or misuse of governmental power.

The Bill of Rights is foundationally directed against the government.

MODEL OF CRIMINAL JUSTICE SYTEM

The two most popular model of Criminal Justice System?

The following are the most popular model of Criminal Justice System:
1. The Concept of Crime Control Model; and
2. The Concept of Due Process Model.

Difference between the two:.

The following are the differences:

1. As to quality control;

18
Packer views both the systems as striving for the quality control in very different ways.

He suggests that the due process model emphasizes “reliability” (i.e. society must be willing

to live with the fact that some guilty offenders will be found innocent in order to insure that the

innocent persons are not unjustly convicted), Whereas the crime control model emphasizes

“efficiency” and productivity (i.e. society must be willing to accept the fact that some innocent

people might well be incorrectly found guilty, but that the overall improvement in the

administration of justice and, supposedly, the protection to society, would more than

compensate for such mistakes).8

2. As to the primary concern of protection:

The primary concerns of the due process model are the protection of individuals, individual
freedom, and general maintenance of liberty;

Whereas the concern of crime control model is the collective rights of the society that must take
precedence over the rights of the individual; where there is conflict over this issue, collective
public safety must be the first consideration.

3. As to the assumption of guilt or innocence:

In Due Process Model, People are considered basically good. Individuals are presumed
innocent until proven guilty.
Whereas in Crime Control Model individuals are presumed guilty until proven innocent, and the
concern is with forcing conformity through an external deterrence system

4. As to the promotion of treatment/ punishment:

In Due Process Model the emphasis is on the treatment and not the punishment of the offender.
The concern is rehabilitating and integrating offenders back into society, and more particularly in
assisting law violators to make a deliberate conversion to a more responsible lifestyle. The
justice process is deliberate, formalized thorough, and individualized. Treatment entails
establishment of community-based alternatives to incarceration.

Whereas Crime Control Model promotes punishment rather than treatment. Deterrence serves
and the philosophic underpinnings of the entire model. The justice process is quick and
generally informal.

What Criminal Justice model do we adopt in the Philippines.

The criminal Justice Process that we adopt in our setting is the Due Process Model.

IV. Comparative Criminal Justice Systems

A. Societal Types and Justice Systems

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Four kinds of societies in the world:
(1) Folk-communal societies (which are also called primitive Societies). A folk-communal
society has little codification of law, no specialization among police, and a system of punishment
that just lets things go for awhile without attention until things become too much, and then
harsh, barbaric punishment is resorted to. Classic examples include the early Roman gentiles,
African and Middle Eastern tribes, and Puritan settlements in North America (with the Salem
"witch trials").

(2) Urban-commercial societies, (which rely on trade as the essence of their market system).
An urban-commercial society has civil law (some standards and customs are written down),
specialized police forces (some for religious offenses, others for enforcing the King's law), and
punishment is inconsistent, sometimes harsh, sometimes lenient. Most of Continental Europe
developed along this path.

(3) Urban-industrial societies, which produce most of the goods and services they need
without government interference.
An urban-industrial society not only has codified laws (statutes that prohibit) but laws
that prescribe good behavior, police become specialized in how to handle property crimes, and
the system of punishment is run on market principles of creating incentives and disincentives.
England and the U.S. followed this positive legal path.

(4) Bureaucratic societies, or modern post-industrial societies where the emphasis is upon
technique or the "technologizing" of everything, with the government taking the lead.
A bureaucratic society has a system of laws (along with armies of lawyers), police who
tend to keep busy handling political crime and terrorism, and a system of punishment
characterized by overcriminalization and overcrowding. The U.S. and perhaps only eight other
nations fit the bureaucratic pattern. Juvenile delinquency is a phenomenon that only occurs in a
bureaucratic society.

Four (4) types of criminal justice systems in the world:

1. Common.
Common law systems are also known as Anglo-American justice, and exist in most English-
speaking countries of the world, such as the U.S., England, Australia, and New Zealand. They
are distinguished by a strong adversarial system where lawyers interpret and judges are
bound by precedent. Common law systems are distinctive in the significance they attach to
precedent (the importance of previously decided cases). They primarily rely upon oral systems
of evidence in which the public trial is a main focal point.

20.

2. Civil.
Civil law systems are also known as Continental justice or Romano-Germanic justice, and
practiced throughout most of the European Union as well as elsewhere, in places such as
Sweden, Germany, France, and Japan. They are distinguished by a strong inquisitorial
system where fewer rights are granted to the accused, and the written law is taken as
gospel and subject to little interpretation. For example, a French maxim goes like this: "If a
judge knows the answer, he must not be prohibited from achieving it by undue attention to
regulations of procedure and evidence." By contrast, the common law method is for a judge to
at least suspend belief until the sporting event of a trial is over. Legal scholarship is much more
sophisticated and elitist in civil law systems, as opposed to the more democratic common law
countries where just about anybody can get into law school. Romano-Germanic systems are
founded on the basis of natural law, which is a respect for tradition and custom. The
sovereigns, or leaders, of a civil law system are considered above the law, as opposed to the
common law notion that nobody is above the law.

3. Socialist.
Socialist systems are also known as Marxist-Leninist justice, and exist in many places, such as
Africa and Asia, where there has been a Communist revolution or the remnants of one. They
are distinguished by procedures designed to rehabilitate or retrain people into fulfilling
their responsibilities to the state. It is the ultimate expression of positive law, designed to
move the state forward toward the perfectibility of state and mankind. It is also primarily
characterized by administrative law, where non-legal officials make most of the decisions. For
example, in a socialist state, neither judges nor lawyers are allowed to make law. Law is the
same as policy, and an orthodox Marxist view is that eventually, the law will not be necessary.

4. Islamic.
Islamic systems are also known as Muslim or Arabic justice, and derive all their procedures and
practices from interpretation of the Koran. There are exceptions, however. Various tribes (such
as the Siwa in the desert of North Africa) are descendants of the ancient Greeks and practice
Urrf law (the law of tradition) rather than the harsher Shariah punishments. Islamic systems in
general are characterized by the absence of positive law (the use of law to move
societies forward toward some progressive future) and are based more on the concept of
natural justice (crimes are considered acts of injustice that conflict with tradition).
Religion plays an important role in Islamic systems, so much a role that most nations of this type
are theocracies, where legal rule and religious rule go together.

Court systems of the world are of two types:

1. Adversarial, where the accused is innocent until proven guilty; and
2. Inquisitorial, where the accused is guilty until proven innocent or mitigated.

Seven Theories of Comparative Criminology

Schneider (2001) does a good job summarizing the various theories that exist with empirical
support.
1. The alertness to crime theory is that as a nation develops, people's alertness to crime is
heightened, so they report more crime to police and also demand the police become more
effective at solving crime problems.
2. The economic or migration theory is that crime everywhere is the result of unrestrained
migration and overpopulation in urban areas such as ghettos and slums.
30.

3. Opportunity theory is that along with higher standards of living, victims become more
careless of their belongings, and opportunities for committing crime multiply.
4. Demographic theory is based on the event of when a greater number of children are being
born, because as these baby booms grow up, delinquent subcultures develop out of the
adolescent identity crisis.
5. Deprivation theory holds that progress comes along with rising expectations, and people at
the bottom develop unrealistic expectations while people at the top don't see themselves rising
fast enough.
6. Modernization theory sees the problem as society becoming too complex.
7. The theory of anomie and synomie (the latter being a term referring to social cohesion on
values), suggests that progressive lifestyles and norms result in the disintegration of older
norms that once held people together (anomie).

31.

MODULE 1
Progress Check 1
DISCUSSION:

1. Differentiate Criminal Justice from Criminology.

2. What is the event that calls for the operation of the Criminal Justice System? Why?

3. What is the basis of the Criminal Justice system? Explain.

4. What are the two basic principles of criminal law in the administration of the Criminal Justice
System in the Philippines?

5. What are the different nomenclatures given to the person who is being processed under the
Criminal Justice System?

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MODULE II
The Philippine Criminal Justice System
Objectives
At the end of the module, the students should be able to:
1. Define and Discuss Criminal Justice System.
2. Conceptualize the role of the Five Pillars of Criminal Justice System.
3. Discuss What is arrest., Preliminary Investigation, Inquest and Criminals.
4. Recite the different types of Court.
5. Memories and Discuss the different types of Jail and Prison
6. Enumerate and discuss the role of community.

I. Criminal Justice System:

It is the sum total of instrumentation which a society uses in the prevention and control of the
commission of a crime and juvenile delinquency.

It is the machinery used by a Democratic Government to protect the society against crime and
other peace and order problems.

The system or process in the community by which crimes are investigated, and the person
suspected thereof is taken into the custody of the police, prosecuted in court, and punished if
found guilty, provisions being made for their corrections and rehabilitation.

Philippine Criminal Justice System.

It is the process of linking the five pillars of criminal Justice System, the Police, the Prosecution,
the Court, the Correction, and the Community together so as to achieve an interrelated scheme
of reciprocal responsibility in the approach to community development.

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

1. Preventing the commission of crime
2. Enforcing the law
3. Removing dangerous person from the community
4. Protecting life, individual rights and properties
5. Deterring people from indulging in criminal activities
6. Determining the guilt or innocence or guilt of the accuse
7. Investigating, apprehending, prosecuting and imposing penalty upon those who cannot be
deterred from violating the rules of society
8. Rehabilitating offenders and returning them to the community as law-abiding and useful
citizens of the society.

Two Aspects of the PCJS.

1. Formal Justice System – it consists of the first four (4) Pillars of the CJS and they are part
and parcel of the formal component of the government. Hence, they are public officials and
employees appointed by the constituted authorities.
2. Informal Justice System – it is the community pillar. This is composed of the private sector,
made up of citizenry.

33.

PURPOSE OF CRIMINAL JUSTICE SYSTEM

The purpose of the criminal justice system is to process those who have been accused of
criminal activities.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM
A. American Concept of Criminal Justice System
1. Law Enforcement
2. Court
3. Correction

B. Philippine Concept of Criminal Justice System

1. Law Enforcement – maintains order and enforces the criminal law. It is said to be the prime
mover of the justice system because they are the one who initiates the justice process by
arresting the law violator. They are the first contact of law violators.
2. Prosecution – presents the government’s case from the time of the defendant’s arrest to
conviction and sentencing in the criminal court
3. Court – determines the guilt or innocence of those offenders brought before it and expected
to convict and sentence those found guilty of crimes while ensuring that the innocent is freed
without any consequence or burden.
4. Corrections – ordinarily represent the post-adjudicating care given to offenders when
sentence is imposed by the court and the offender is placed in the hands of the correctional.
5. Community – participates in the rehabilitation of the accused once he is sent back to the
society.

PROCESS OF CRIMINAL JUSTICE SYSTEM

1. The police are responsible of gathering pieces of evidence and arresting the law violator as
well as filing complaint to the prosecutor.
2. The prosecutor is responsible for evaluating evidence, which the police gathered, and
deciding whether it is sufficient to warrant filing of charges against the accused.
3. The defense lawyer, whether privately retained or provided by the government, are
responsible for defending the accused.
4. The judge, during trial, is an arbitrator in court while judicial proceeding goes through.
5. The judge at the end of the trial renders decision to the case.
6. The probation officer conducts pre-sentence investigation, and also supervise offender
placed on probation.
7. The offender, if convicted and sentenced, will be committed to penal institution until the
parole board grants him parole or be released if he had completely served his sentence.
8. Finally, the convicted offender, once sentence is served, will be sent back to the main stream
of the society.

II. LAW ENFORCEMENT PILLAR

The law enforcement pillar refers to the entire organizations of law enforcement. This pillar
stands as the forefront of the Criminal Justice System. Law enforcement is a deterrent and
preventive activity. It consists of patrolling to supervise conduct, investigating to identify
offenders and to recover stolen or missing property, warning or arresting those who are probably
guilty of criminal behavior, and assisting in the prosecution and trial of offenders. Its goals are
aimed towards the prevention of crime and disorder, preservation of peace, and the protection of
life, properties and individual freedom.
34.
The Law Enforcement as the first pillar is considered to be the “initiator” or the “prime-mover”
of the Criminal Justice System. It is considered as “the initiator of the actions” that other
pillars must act upon to attain its goal or objective. Some authors would state that without the
police initiating the action, the System would be at a standstill.

Examples of police initiating action:

1. effecting an arrest
2. surveillance
3. crime investigation

I. POLICE
EVOLUTION OF POLICING IN THE PHILIPPINE SETTING
Pre-Spanish Regime
Headman or tribe leaders mandates all male residents in the village to protect their crops from
wild animals.

Spanish Regime
Police force was considered part of the military system by the Spanish Government.

Functions:
1. Suppress brigandage by patrolling unsettled areas.
2. Detection of spies as well as local petty uprising.
3. The enforcement of tax collection and church revenues.

POLICE FORCES UNDER THE SPANISH REGIME

1. Carabineros de Seguridad Publica (Mounted Police)
It was established on 1712
It is responsible in carrying out the policies of the Spanish government.

2. Guardrilleros
1. It refers to a body of rural police organized in every town.
2. It was created by virtue of a Royal Decree on January 8, 1836.
3. It was composed of 5% able bodied male inhabitants of each town or province which has
tenure of service for three (3) years.

Functions:
1. Guard municipal tribunals
2. Patrol
3. Guard prisons
4. Guard mountains or buildings
5. Carry mail
6. Maintain peace and order.

3. Cuerpo de Carabineros de Seguridad Publico

It was established on December 20, 1842

General Duties:
1. prosecution of law breakers
2. maintenance of peace and order
3. Specific Duties:
35.
4. watching and guarding custom houses
5. prevention of entry of contrabands

Guardia Civil
Police organization created by virtue of a royal decree on February 12, 1852
1. It relieved the Spanish peninsular troops
2. It consisted of Filipino Policemen organized originally in each provincial capitals of the central
provinces of Luzon.

American Period
IMPORTANT DATES
1. July 18, 1901 – creation of Insular Constabulary by virtue of Act # 175.
2. July 31, 1901 – Manila Police Department was organized by virtue of Act # 183
3. October 3, 1901 – Insular Constabulary was changed to Philippine Constabulary by virtue of
Act # 255.
4. January 2, 1942 – First element of the Japanese Imperial Army called KEMPETAI entered
Manila.
5. February 7, 1945 – General McArthur returned to the Philippines and the battle of manila
ended.

IMPORTANT PERSONALITIES
1. William Howard Taft – First Civil Governor of the Philippines.
2. Capt. George Curry – First chief of Police of Manila Police Department.
3. Capt. Columbus E. Piatt – Last American chief of police of Manila Police Department before
the WWII broke out.
4. Capt. Henry T. Allen – First chief of police of Philippine Constabulary.
5. Brig/Gen. Rafael Crame – Became the first Filipino chief of police of the Philippine
Constabulary
6. Col. Antonio C. Torres – First chief of police of Manila Police Department when it became an
all Filipino police organization.
7. Col. Marcus Ellis Jones – First chief of police of Manila Police Department upon the liberation
of Manila from the Japanese Imperial Army.
8. Col. Lamberto T. Javalera – First chief of police of Manila Police Department under the
Republican government of then President Roxas.

RELATED LAWS
1. Republic Act # 4864
It was enacted on September 8, 1966
It created the office of the Police commission which was later called NAPOLCOM under the
office of the President.
Its function is to oversee the training and professionalization of the local police forces.
2. Presidential Decree # 765
It was enacted on August 8, 1975
The law provides for the NAPOLCOM to be under the office of the Ministry of National defense.
3. Republic Act # 6975
It was enacted on December 13, 1990
It is otherwise known as the DILG Act of 1990.
It abolished the PC/INP and created BJMP,BFP,PNP and PPSC.

36.

4. Republic Act # 8551

It was created on February 25, 1998 which amended Republic Act 6975.
It is otherwise known as the PNP Reform and Reorganization Act of 1998
It provides for the reformation and professionalization of the PNP
THEORIES OF POLICE SERVICE
1. Continental Theory – Policemen are considered as the servant of higher authority.
2. Home-Rule Theory – Policemen are considered as the servant of the community.

CONCEPT OF POLICE SERVICE

1. Old Concept – Focuses on punishment as a way of eliminating crimes.
2. Modern Concept – The test of police efficiency is the absence of crime.

Administrative Functions
1. To issue licenses for the possession of firearms and explosives in accordance with law.
2. Supervise and control the training and operation of security agencies, security guards, and
private detectives for the practice of their profession.
3. Perform such other duties and exercise all other functions as maybe provided by law.

Miscellaneous Services
1. Regulation of non criminal conduct such as traffic control and management.
2. Perform civic missions.

POLICE COMMUNITY RELATIONS

It is the sum total of dealing of the police with the people it serves and those whose
goodwill and cooperation it craves for to insure the greatest possible efficiency in public service.

Other Law Enforcement Agencies

1. National Bureau of Investigation
2. Economic, Investigation and intelligence division under the Department of Finance.
3. Bureau of Fisheries and Aquatic Resources under the Department of Agriculture.
4. Bureau of Customs under Department of Finance
5. Bureau of immigration under Department of Justice.
6. Bureau of internal revenue under the Department of Finance
7. Bureau of forest development under Department of Environment and Natural Resources.
8. Land Transportation Office under the Department of Transportation and Communication.
9. National Telecommunications Commission under the Department of Transportation and
Communication.
10.Bureau of food and drugs under the Department of Health.
11. Bureau of product standards under the Department of Trade and Industry

Philippine National Police

-Created by Republic Act 6975.
The PNP is mandated to exercise the following functions:
a. Enforce all laws and ordinances relative to the protection of lives and properties.
b. Maintain peace and order and take all necessary steps to ensure public safety.
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution.
37.

d. Exercise the general power to make arrest, search and seizure in accordance with the
Constitution and pertinent laws.
e. Detain an arrested person for a period not beyond what is prescribed by law, informing the
person so detained of all rights under the Constitution.
f. Issue licenses for the possession of firearms and explosives in accordance with law.
g. Supervise and control the training and operations of security agencies and issue licenses to
 operate security agencies, and to security guards and private detectives for the practice of
their profession and;
h. Perform such other duties and exercise all other functions as may be provided by law.

National Bureau of Investigation

The NBI had its origin in the Division of Investigation (DI) of the Department of Justice. Its
formation was included in the provisions of Commonwealth Act No. 181, dated November 1938.
Responsible for its conceptualization and creation of the division were the late President Manuel
Luis Quezon, the late Secretary of Justice Jose Yulo. On June 19, 1947, Republic Act no. 157
created the National Bureau of Investigation. Its organization, functions and objectives was
patterned after the FBI. It focuses on syndicate activities and special investigations.

Two Components of the Police (based on the Peel Principle)

1. Formal- consists of the PNP uniformed personnel, NBI, LTO, and other government law
enforcement agencies. (enumerated above). All PNP uniformed personnel are call police
officers, whether commissioned officers (PCO’s) or non- commissioned officers (PNCO’s). They
are being paid by the government to render full-time attention to police duties, which are also
the duties of every citizen.

2. Informal- is composed of the citizenry or private sector. The citizens ae also part of he police
who are doing it on a part- time basis. As such, they are the police non- officers or ordinary
members, who are not paid by the government. It is on this basis that private individuals are
vested also with police authority to make arrest based on the doctrine of citizen’s arrest.

General are the functions of the Law Enforcement in relation to the Administration of the
CJS
The following are the functions of the Law Enforcement, in general:
1. To prevent criminal behavior.
- Prevention involves all the factors directed toward eliminating the cause of crimes.
2. To reduce crime.
-. Crime reduction essentially means eliminating and reducing opportunities for criminal
behavior.
3. To apprehend and arrest offenders.
- This function includes crime investigation and gathering of evidences that could withstand the
scrutiny of the court.
4. To protect the life and property.
- Protecting life and property is essentially the purpose why the PNP is created.
5. To regulate non-criminal conduct.
- This involves the Community service and Order Maintenance functions of the PNP

38.

ARREST
Definition:
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- How made: An arrest is made by actual restraint of the person arrested, or by his
submission o the custody of the person making the arrest.

Arrest by Virtue of a Warrant:

It shall be the duty of an officer to whom the warrant of arrest is delivered to the defendant and
without unnecessary delay take the person arrested before the judge or before some other
person in authority who issued the warrant as directed therein.

Method of Arrest by Officer by Virtue of a Warrant

- When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resist before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest. The officer need to have the warrant in his
possession at the time of the arrest but after the arrest, if the person arrested so requires, the
warrant shall be shown to him as soon as practicable.

Arrest without warrant- When lawful:

A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence the person to be arrested has committed, is actually committing or is
attempting to commit an offense.
b. When an offense has in fact just been committed and he has personal knowledge of facts
indicating that the person to be arrested had committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending or
has escaped while being transferred from one confinement to another.

DISCRETION
Discretion is the wise use of one’s judgment, personal experience and common sense to decide
a particular situation.
Police Officers are decision makers and most of their decisions are based on discretion. One of
the most numerous situations encountered by the police in their daily enforcement role is:

“Dammed, if they shoot; dead, if they don’t”

If they shoot, they are dammed by the public for police brutality, and if they hesitate, even for a
single second, they are dead.
From the specific situation, it can be surmised how a policeman work in an atmosphere of split-
second decision making; that to decide must not only be timely but at its best.

Control of Discretion
Chief Justice of the Supreme Court, Warren E. Burger have quoted:

39.

“No lawyer, no law book, no judge can readily tell the policeman on the beat how to exercise his
discretion perfectly in every of the thousands of different situations that can arise in the hour to
hour work of a policemen”. Yet we must recognize that we need not choose between no
guidelines at all, perfect guidelines at all and perfect guideline. There must be some guidance
by way of basic concepts that will assist the officer in these circumstances.
Discretion is a matter of common sense and sound judgment, and yet we know that one man’s
commons sense maybe another’s mistake. Hence, this need for carefully devised basic
methods or standards to guide the exercise of this discretion and, second, for care and
comprehensive training of officer before they are thrust into situations that would even battle the
wisest judge.

Abuse of Discretion resulting to injury to persons or damage to property is punishable. So the

police must be guided by some basic concepts such as: common sense, personal experience,
to wit:
a. The legal political structure of the police organization and
b. The local and angry groups of community

II. PROSECUTION PILLAR

Prosecution:
The process or method whereby accusations are brought before a court of justice to determine
the innocence or guilt of the accused.

The prosecutor is not just an ordinary official of the government; he is, as well an officer of the
court whose criminal responsibility under the law is to carry out the administration of the criminal
justice system through an adequate examination of the offense charged and to decide whether
or not to prosecute the individual offender, without sacrificing fairness and justice. He is formally
a member of the Department of Justice, under the Executive Branch of the government, and
thus independent from the judiciary. He serves as a direct contact between the government,
through the police agency and the court of justice, and the criminals and the attorneys
representing them. His series of contact is made from the moment he receives the case to the
criminal proceedings and even until up to the final disposition of that case in the trial court. He
deals with the court and the defendant for and in behalf of the government he represents.

In the criminal proceedings, the prosecutor has the basic responsibility of representing
the government in the courts of justice.

The Components of Prosecution and their duties and functions.

1. The Office of the Government Corporate Counsel;
2. Office of the Chief State Prosecutor; and
3. Office of the solicitor General.

Public prosecutors belong to either one of two agencies, to wit: The National Prosecution
Service and the Office of the Solicitor General (OSG).

The National Prosecution Service (NPS) operates under the supervision and control of the
Secretary of Justice. Its principal mandate is to conduct speedy and efficient investigation and
prosecution of criminal cases.

40.

Composition of the National Prosecution Service

a) Chief State Prosecutor;
b) Five (5) Assistant Chief State Prosecutors;
c) Thirteen (13) Regional State Prosecutors;
d) Sixty-nine (69) City Prosecutors;
e) Seventy-seven (77) Provincial Prosecutors;
f) One hundred nineteen (119) State Prosecutors;
g) One thousand eight hundred sixty-three (1,863) Assistant City and Provincial Prosecutors;
and
h) Fifty-two (52) Prosecuting Attorneys.
as legal adviser of the municipal or city mayor and council.

Office of the Solicitor General

The precursor of the present Solicitor General is the Attorney General, whose office was
established by Act No. 136 (1901). It mandated the Solicitor General to “conduct and argue
suits and appeals in the Supreme Court in which the Philippine Government is interested.

Public Attorney’s Office (PAO)

On the other hand, the Public Attorney’s Office (PAO) offers a wider range of legal services
particularly to indigent parties. Still a constituent unit of the Department of Justice, the PAO is
not restricted to prosecutorial functions but may also serve as counsel for the defense whether
the case is civil, criminal, and administrative or labor in nature. The said Office likewise offers
non-judicial legal services which include the provision of legal advice, legal counseling,
documentation, and mediation: It also engages in other activities like outreach and jail visitation
programs which are all aimed at pursuing the PAO’s thrust of providing immediate, responsive
and competent legal services.
Executive Order No. 292 (1987), the Citizen’s Legal Assistance Office (CLAO) was renamed
Public Attorney’s Office.

Important Terms and Actions in the Prosecution level.

1. Selective Prosecution
The prosecutor in deciding whether to prosecute is responsible for evaluating the evidence the
police have gathered and deciding whether it is sufficient to warrant filing charges against the
alleged violator. If otherwise, he does not accept the case, and orders the release of a suspect.
On the other hand, if the prosecutor decides to accept the case, he issues a
complaint/information upon which the suspect is arraigned before a judge.

Thus, this is known as SELECTIVE PROSECUTION because the prosecutor does not only
have the option to select but more so influenced by the following favorable legal factors to attain
conviction:
a) the legal strength of the case;
b) the willingness of witnesses to testify;
c) the likelihood that the prosecutor can legally prove the defendant’s guilt;
d) the defendant’s initial appearance, the prosecutor may subsequently decide to drop all
charges, discontinue prosecution and seek dismissal under the following circumstances:
d.1) When the prosecutor becomes aware of the factors that make prosecution inadvisable.
d.2) When the prosecutor has not had the opportunity or mechanism for screening cases prior
to the arraignment. This can be possible through nolle.

41
The most controversial expression of prosecutorial discretion is the decision to mitigate
the defendant’s sentence through:
Reduce charges are those less serious and less severely punishable crimes: The prosecutor
may reduce the charge from armed to unarmed robbery; from murder to homicide; or, from
robbery to theft, etc. The charge may be reduced by the prosecutor at the arraignment or even
after trial has begun if the defendant agrees to plead guilty to the reduced charge.
Dropping multiple counts means that a prosecutor has the discretion to drop multiple criminal
counts and to charge the defendant instead with only a single crime, a crime which may or may
not be the most serious crime involved. To assure a less severe sentence, the prosecutor will
ordinarily drop all counts except the one to which the defendant agrees to plead guilty and be
sentenced on.

Recommending leniency means that the prosecutor, during the sentencing process,
recommend leniency in sentencing or the imposition of concurrent charges.

2. Nolle (Nolle Prosequi)

By definition, a NOLLE is a request made by the prosecutor to the judge for approval to
terminate further criminal prosecution against a suspect.

3. Plea Bargaining
Plea bargaining is the process of discussion or negotiation between the defense counsel and
the prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in exchange for the defendant’s entering a guilty plea.

Conceptually, the process of plea bargaining is entered into between the prosecutor and the
defense lawyer before the accused is arraigned.
Arraignment is the legal mechanism whereby an accused is brought before the court wherein
the complaint/charge against him is read by the Clerk of Court in the presence of the lawyer and
the prosecutor, in which the accused is to announce his plea.

4. Inquest
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 by charged in court.

5. Preliminary Investigation
Section 1, Rule 112-Rules of Court. Preliminary investigation defined; when required. –
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.

Except as provided in section 7 of this Rule, 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
fine. (1a)

42.

Purpose of Preliminary investigation.

Generally, preliminary investigation has a three-fold purpose:
1. To inquire concerning the commission of crime and the connection of accused with it, in order
that he may be informed of the nature and character to the crime charged against him, and if
there is probable cause for believing him guilty, that the state may take the necessary steps to
bring him to trial;
2. To preserve the evidence and keep the witnesses within the control of the state; and
3. To determine the amount of bail, if the offense is bailable.

Officers authorized to conduct preliminary investigations.

Sec. 2, Rule 112. Officers authorized to conduct preliminary investigations. –
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.

Their authority to conduct preliminary investigation shall include all crimes cognizable by the
proper court in their respective territorial jurisdictions. (2a)

It should be noted that Sec. 2, above grants judges of municipal trial courts and municipal circuit
courts the authority to conduct preliminary investigations. By implication, metropolitan trial
judges in Manila and in chartered cities have not been granted the authority to conduct
preliminary investigation, as the officers authorized to do so are the prosecutors.

The “other officers as may be authorized by law” includes the following:

(a) the chief legal officer of the Commission on Elections as well as those deputized by the latter
in connection with the preliminary investigation and prosecution of election offenses;
(b) the Ombudsman;
(c) special prosecutor; and
(d) prosecutors duly authorized by the Ombudsman to do so in connection with offenses
cognizable by the Sandiganbayan.

6. Complaint or Information
Sec. 2. The complaint or information. – 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. (2a)

Complaint defined.
Sec.3 Rule 110 Rules of Court. Complaint defined. – A 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. (3)

The complaint mentioned in this provision refers to one filed in court for the commencement of a
criminal prosecution for violation of a crime, usually cognizable by the municipal trial courts as
well as to a complaint filed by an offended party in private crimes or those which cannot be
prosecuted de oficio.

43.

Information defined.
Sec. 4. Information defined. – An information is an accusation in writing charging a person with
an offense, subscribed by the prosecutor and filed with the court. (4a)

Information is a charge sheet filed by the prosecutor in court. Unlike a complaint, which requires
that it be under oath and is filed either in the municipal trial court or with the provincial/city
prosecutor’s office, the information does not have to be under oath and is always filed in court.
All that is required is that it be subscribed or signed by the fiscal or prosecutor, which is an
indispensable requirement. What the prosecutor signs under oath is the certification in the
information that he has conducted the required preliminary investigation. However, such
certification is not an essential part of the information and its defect or even its absence does
not invalidate the information.

An information to be valid must be signed by the prosecutor who has the authority to conduct
the preliminary investigation of the offense committed within his jurisdiction.

Who must prosecute criminal actions?

Sec. 5. 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.
However, in the 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.

Prosecution – It is the legal process or method whereby accusations are brought before a court
of justice to determine the guilt or innocence of the accused.
- It may also refer to the agency responsible in presenting the government’s position in criminal
cases and evaluating pieces of evidence presented by the law enforcement pillar.

Prosecutor – A prosecutor is a public officer having an authority to conduct legal actions

concerning the complaint filed at his office and perform other prosecution functions as provided
by law.

Criminal Action – Is one by which the state prosecutes a person for an act or omission
punishable by law.
It is commenced by the filing of a complaint with the city or provincial prosecution office or with
the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action for an offense
committed within Metro Manila, may be commenced only by the filing of complaint with the
prosecutors office.

Complaint – A sworn written statement charging a person of an offense subscribed by the

offended party, peace officer or any public officer charge with the enforcement of the law
violated.

Offended Party – The person against whom or against whose property the crime was
committed.
44.

Information – An accusation in writing charging a person of an offense subscribed by the

prosecutor and filed with the court.

Elements of Complaint and Information

1. The name of the accused;
2. The designation of the offense committed;
3. The act or omission complained of;
4. The name of the offended party;
5. The approximate time of the commission of the offense; and
6. The place where the offense was committed.

Inquest – An informal and summary investigation conducted by a public prosecutor in criminal

cases involving persons arrested and detained without the benefit of a warrant of arrest issued
by the court for the purpose of determining whether or not said person should remain under
custody and correspondingly be charge in court.

Duty of Inquest Officer When Arrest is NOT Properly Effected

Recommend the release of the person arrested or detained;
Note down the disposition on the referral document;
Prepare a brief memorandum indicating the reasons for the action taken; and
Forward the same, together with the record of the case, to the city or Provincial Prosecutor for
appropriate action.

Duty of Inquest Officer When Arrest is Properly Effected

Should the inquest officer find that the arrest was properly effected, he shall proceed with the
inquest by examining the sworn statements or affidavits of the complainant and the witnesses
and other supporting evidence submitted to him.

If necessary, the inquest officer shall require the presence of the complainant and subject them
to an informal and summary investigation or examination for purposes of determining the
existence of probable cause.

Probable Cause – It exist when the evidence submitted to the inquest officer engenders a well-
founded belief that a crime has been committed and that the arrested or detained person is
probably guilty thereof.

Presence of Probable Cause

It the inquest officer finds that probable cause exists, he shall prepare the corresponding
complaint or information with the recommendation that the same be filed in court. The complaint
or information shall indicate the offense committed and the amount of bail recommended if
bailable.

Absence of Probable Cause

If the inquest officer finds no probable cause, he shall;
Recommend the release of the arrested or detained person;
Note down the disposition on the referral document;
Prepare a brief memorandum indicating the reasons for the action taken; and
Forthwith forward the record of the case to the City or Provincial Prosecutor for appropriate
action.
45.
Preliminary Investigation – An inquiry or proceeding conducted to determine whether there is
a sufficient ground to engender a well founded belief that a crime has been committed and that
the respondent is probably guilty thereof and should be held for trial.

Purposes of Preliminary Investigation

To secure the innocent against hasty, malicious and oppressive prosecution and to protect him
from an open and public accusation of a crime and from the trouble, expense and anxiety of a
public trial.
To protect the state from having to conduct useless and expensive trials.

Duties of the Investigating Fiscal

1. If the investigating fiscal finds cause to hold the respondent for trial, he shall prepare the
resolution and corresponding information.
2. He shall certify under oath that he has personally examined the complainant and his
witnesses, that there is reasonable ground to believe that a crime has been committed and that
the accused is probably guilty thereof, that the accused was informed of the complaint and of
the evidence submitted against him and that he was given an opportunity to submit
controverting evidence.
3. In either case, he shall forward the records of the case to the provincial or city fiscal or chief
state prosecutor within 5 days from his resolution. The latter shall take appropriate action
thereon, within ten days from receipt thereof, immediately informing the parties of said action.
4. No complaint or information may be filed or dismissed by an investigating fiscal without prior
written authority or approval of the provincial or city fiscal or chief state prosecutor.
5. When the investigating assistant fiscal recommends the dismissal of the case but his findings
are reversed by the provincial or city fiscal or chief state on the ground that a probable cause
exists, the latter may, by himself, file the corresponding information against the respondent or
direct any other assistant fiscal or state prosecutor to do so, without conducting another
preliminary investigation.

KATARUNGANG PAMBARANGAY
It was created by virtue of Presidential Decree 1608 on June 1978.
1. Likewise, Republic Act #7160 (local Government Code of 1991) integrated provisions to
strengthen katarungang pambarangay specially sections 399 – 422.
2. It was created purposely to give the appropriate barangay chairman and barangay lupon
officials to amicably settle cases within their jurisdiction.

Amicable Settlement – It is the process of solving or settling disputes in a certain barangay.

Composition of Katarungang Pambarangay

Lupong Tagapamayapa (lupon)
- It is composed of ten to twenty members who have been chosen from respected members of
the barangay.

Pangkat Tagapagkasundo (Pangkat)

It is composed of 3 selected members among the lupong tagapamayapa.

46.

Cases or Disputes which are not the Subject Matter for Amicable Settlement
1. Where one party s the government; or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of
his official functions.
3. Offenses punishable by imprisonment exceeding one (1) year imprisonment, or a fine
exceeding Php 5,000.00;
4. Offenses where there is no private offended party;
5. Where the dispute involves real property located in different cities or municipalities, unless
the parties thereto agree to submit their differences to amicable settlement by an appropriate
lupon;
6. Disputes involving parties who actually reside in barangays or different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon; and
7. Such other classes of disputes which the President may determine in the interest of justice or
upon the recommendation of the secretary of justice.

III. COURT PILLAR

Court – A body to which the public administration of justice is delegated, being a tribunal
assembled under authority of 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.
- This pillar is responsible in conducting trial or court adjudication and impose penalty if found
guilty, otherwise render dismissal or acquittal of the case.
Jurisdiction – It is the authority to hear and determine cases. It is the authority by which judicial
officers take cognizance and decide cases correctly or incorrectly.
Venue – It is a geographical division in which an action is brought to trial or the place of trial for
criminal action. It is a territorial unit where the powers of the court were to be exercised.

The third pillar of our Criminal Justice System is the Court, situated between Prosecution and
Correction. The court is the centerpiece of the five (5) pillars in our criminal justice system.
As such, the court performs perhaps the most important role in the administration of justice
because of the following reasons:
(a) it is the court that everyone turns to for justice.
(b) it is responsible for applying the criminal law against the defendants who commit crimes, but
at the same time protecting the same violations from the violation of their rights by criminal
justice agents (police).

Judicially, as the third pillar of our Criminal Justice System, the Court is looked upon as:
(a) the arbiter for justice;
(b) the front-line defender of democracy, freedom and human dignity;
It the only institution capable of identifying and maintaining the proper balance between the
conflicting rights of the individual and those of the state and society;

Some Important Terms in the Study of Court.

1. Court – It is a governmental body officially assembled under authority of law at the
appropriate time and place for the administration of justice through which the state enforces its
sovereignty rights and powers.
1. It is a board or tribunal which decides a litigation or contest.
2. It is an entity or body in which judicial power is vested.
47.

3. It is a tribunal vested with apart of judicial power to hear and determine legal controversies.

2. Judge – Is a public officer so named in his commission (written evidence of appointment) and
appointed to preside and to administer the law in a court of justice.
One who presides at the trial of causes involving justiciable matters in which the public at large
is interested.
Is a public officer who by virtue of the office is clothed with the judicial authority to administer
justice.

Court and Judge distinguished.

A court is an incorporeal entity composed of one or more judges. It has a personality separate
and distinct from the men who compose it. A judge alone does not necessarily constitute a court
for while he is indispensable part, he is only a part of the court.

3. Criminal Jurisdiction
Criminal Jurisdiction refers to the authority of competent court of justice to hear and try a
particular offense and impose the corresponding punishment attached to it.
A court acquires jurisdiction to try a criminal case only when the following requisites occur:
a. The offense is one which the court is by law authorized to take cognizance of;
b. The offense must have been committed within its territorial jurisdiction; and
c. The person charged with the offense must have been brought into its forum for trial, forcibly
by virtue of a warrant of arrest or upon the voluntary submission of the accused to the
jurisdiction of the court.

4. Judicial Power
In our “democratic and republican State,” the powers of government are distributed among the
three great branches of the government – the legislative, the executive, and the judicial. The
legislative power is vested in the Congress of the Philippines, which consists of a Senate and
House of Representatives. The executive power is vested in the President of the Philippines,
assisted by his Cabinet. The judicial power is vested in one Supreme Court and in such lower
courts as may be established by law.

According to article VIII Section 1 of the Constitution, “Judicial power shall be vested in the
Supreme Court and in such inferior courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government.

Judicial power, as defined by Chief Justice Concepcion, is the authority to settle justifiable
controversies or disputes involving rights that are enforceable and demandable before
the courts of justice, or the redress of wrongs for violations of such rights.

Scope of Judicial Power (Article VIII, Sec. 1 of the 1987 Phil. Cons.)
The judicial power which is vested in the Supreme Court and in such inferior courts as may be
established by law includes the following:

48.

1. Adjudicatory power. – It includes the duty of courts of justice:

(a) to settle actual controversies involving rights which are legally demandable and enforceable;
and
(b) to determine whether there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction (infra.) on the part of any branch or instrumentality of the government.
(Sec. 1, par. 2.)
2) Power of Judicial Review. – It also includes the power:
(a) to pass upon the validity or constitutionality of the laws of the State and the acts of
the other departments of the government.
(b) to interpret them and construe them;
(c) to render binding or authoritative judgments.
3) Incidental powers. - It also includes the incidental powers necessary to the effective
discharge of the judicial functions such as the power to punish persons adjudged in contempt.

Organization of Courts
Regular Courts.
The Philippine Judicial System consists of a hierarchy of courts resembling a pyramid with the
Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980, otherwise known
as the Batas Pambansa Blg. 129 (Rep. Act No. 129) the other regular courts are:
1. Intermediate Appellate Court (Has been changed as Court of Appeals under the present
Administration). – This operates in ten (10) divisions, each comprising five (5) members. The
court sits en banc only to exercise administrative, ceremonial, or other non-adjudicatory
functions;
2. Regional Trial Courts. – One which is presided by 720 Regional Trial Judges in each of the
thirteen (13) regions of the country;
3. Metropolitan Trial Courts. – In each metropolitan area, established by law are a Municipal
Trail Court in every city not forming a part of the Metropolitan area and each of the
municipalities not comprised within a metropolitan area; as well as a Municipal Circuit Trial
Court in each area defined as a municipal circuit comprising of one or more cities and/or one or
more municipalities grouped together according to law.

Special Courts.
Aside from the above-mentioned courts, there are also under present laws some special courts.
These are the following:
1. Court of Tax Appeals. – Created under Rep. Act No. 1125, as amended, this special court
has exclusive appellate jurisdiction to review on appeal the decisions of the Commission of
Internal Revenue involving internal revenue taxes and decisions of the Commissioner of
Customs involving customs duties. It is a special court of limited jurisdiction. Republic Act No.
9282 expanded the jurisdiction of the Court of Tax Appeals, elevating its rank to the level of a
collegiate court with special jurisdiction and enlarging its membership.
The Court of Tax Appeals (CTA) now of the same level as the Court of Appeals, possesses all
the inherent powers of a Court of Justice, and shall consist of a Presiding Justice and five (5)
Associate Justices.

2. Sandiganbayan. – The Constitution provides that the National Assembly shall create a
specialized court, popularly known as “Sandiganbayan.” The creation was made possible by
Presidential Decree No. 1606. The Sandiganbayan is a special court with equivalent to the
Court of Appeals. It is composed a presiding justice and fourteen associate justices who shall
be appointed by the President.
49.
The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at
the same time. The first three divisions shall be stationed in the Metro Manila area, the fourth
division shall be in Cebu City for cases coming from the Visayas region, and the fifth division
shall be in Cagayan de Oro City for cases coming from the Mindanao region.
3. Shari’a District Courts - Equivalent to the Regional Trial Courts in rank which were
established in ceratin specified provinces in Mindanao where the Code of Muslim Penal Laws of
the Philippines is being enforced.

There are five (5) Shari’a District Courts and Fifty-one (51) Shari’a Circuit Courts in existence.

A Shari’a District Court is limited jurisdiction. It was created under Presidential Decree No. 1083.
Cases falling within the exclusive jurisdiction of the said court primarily pertain to family rights
and duties as well as contractual relations of Filipino Muslims in Mindanao.

The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit
Courts within their territorial jurisdiction.

It shall decide every case on the basis of the evidence and the records transmitted as well as
such memoranda, briefs or oral arguments as the parties may submit.

The decisions of the Shari'a District Courts, whether on appeal from the Shari'a Circuit Courts or
not, shall be final. The Supreme Court shall, however, continue to exercise original and
appellate jurisdiction over certain issues as provided by the Constitution.

The Shari'a Circuit Courts

Equivalent to the Municial Circuit Trial Courts are the Shari'a Circuit Courts which were
established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of
the Philippines is being enforced.
There are five Shari'a Circuit Courts and fifty one Shari'a Circuit Courts in existence.

Family Courts
The Family Courts are created under Republic Act No. 8369 otherwise known as "Family Courts
Act of 1997".

If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Quasi-Judicial Agencies.
There are administrative bodies under the executive branch performing quasi-judicial functions,
like the National Labor Relations Commission, Employees Compensation Commission, Board of
Transportation, etc., and the Independent Constitutional Commissions which do not form a part
of the integrated judicial system. The same is true of the Court Martial. The authority for the
ordering of Court Martial pertains to the President as Commander-in-Chief, independently of
legislation to aid him properly in commanding the Armed Forces and enforcing the required
discipline.

50.
The Collegiate Courts
The following are the collegiate courts in the Philippines:
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
4. Court of Tax Appeals
Four Levels Integrated Court System in the Philippines
In the Philippines, the regular courts engaged in the administration of justice are organized into
four (4) levels or tiers. At the highest level is the Supreme Court and followed by the other three
(3) level courts. It is in these courts where judicial is vested. They are collectively known as the
judiciary. As thus organized, they comprise what is referred to as the Integrated Judicial
System. This system is depicted in the following diagram.

Supreme Court Fourth Level Courts

Review Courts
Court of Appeals Third Level Courts

Trial Courts Regional Trial Court Second Level Courts

Metro TC, MTCC, MTC, MCTC First Level Courts

First Level Courts.

At the first level are the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts.

Courts of the first level are essentially trial courts. They try and decide only the particular types
or classes of cases specified by law.

Second Level Courts.

At the second level are Regional Trial Courts (RTCs). Like first level courts, RTCs are trial
courts. They are courts of general jurisdiction; they try and decide not only the particular classes
or kinds of cases assigned to them by law, but also those which are not otherwise within the
jurisdiction of courts of the first level.
Regional Trial Courts also exercise appellate jurisdiction, to review cases appealed from first
level courts.

Court of Appeals.
At the third level is the Court of Appeals. It is essentially an Appellate Court, reviewing cases
appealed to it from Regional Trial Courts. It may review questions of fact or mixed questions of
fact of law.

Appeals to it as regards cases decided by the Regional Trial Court in the exercise of original
jurisdiction are a matter of right. But appeals with respect to cases decided by the RTC in the
exercise of its appellate jurisdiction are a matter of discretion.
51.
Occasionally, the Court of Appeals may act as a trial court. This, in actions praying for
annulment of final and executory judgments of Regional Trial Court on the ground of extrinsic
fraud subsequently discovered, against which no other remedy lies.

Supreme Court.
The Supreme Court is the highest court of the land. It is a review court. It is the court of the last
resort, for no appeal lies from its judgments and final orders. In the context of the Integrated
Judicial System in the diagram, it exercises Appellate jurisdiction over cases decided by the
Court of Appeals or Regional Trial Courts. As a rule, only question of law may be raised as
appeal.

Appeals in the Supreme Court are never a matter of right. The only exception is when the
penalty imposed by either Regional Trial Court or the Court of Appeals is death, reclusion
perpetua, or life imprisonment. Indeed, when death penalty is imposed, the case automatically
goes up to the Supreme Court for review, even if the accused does not appeal. In any of these
three (3) cases, issues of fact, aside from issues of law, maybe raised before and decided by
the Supreme Court.

Jurisdiction of Courts.
Jurisdiction is the power and authority of a court to hear, try, and decide a case. It may be:
(1) General. – when it is empowered to decide all disputes which may come before it except
those assigned to other courts (e.g., jurisdiction of the Regional Trial Courts);
(2) Limited. – when it has the authority to hear and determine only a few specified cases (e.g.,
jurisdiction of special courts);
(3) Original. – when it can try and decide a case presented for the first time;
(4) Appellate. – when it can take a case already heard and decided by a lower court removed
from the latter by appeal;
(5) Exclusive. – when it can try and decide a case which cannot be presented before any other
court;
(6) Concurrent. – when any one of two or more courts may take cognizance of a case;
(7) Criminal. – that which exists for the punishment of crime; and
(8) Civil. – that which exists when the subject matter is not of a criminal nature (e.g., collection
of debt).
(1) Certiorari. – (as a special civil action, not as a means of elevating an appeal, infra.) It is a
writ issued from a superior court (Supreme Court, Court of Appeals, or Regional Trial 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 purposes of review. It will lie when such tribunal, etc., has
acted without or in excess of its or his jurisdiction, or with grave abuse of discretion, and appeal
or any other remedy is not available to the aggrieved party.
(2) Prohibition. – It is a writ by which a superior court commands a lower court or corporation,
board or person acting without or in excess of its or his jurisdiction, or with grave abuse of
discretion, to desist from further proceedings in an action or matter. It will lie only when no
appeal or any other remedy is available to the aggrieved party. Prohibition is a negative remedy
prohibiting the doing of a certain act.
(3) Mandamus. – It is an order issued by a superior court commanding a lower court or a
corporation, board, or person to perform a certain act which it is its or his duty to do. Again, this
writ will lie only when no other remedy in the ordinary course of law is available. Mandamus is
an affirmative remedy ordering a certain act to be done.
52.

(4) Quo warranto. – It is an action by the government to recover an office or franchise from an
individual or corporation usurping or unlawfully holding it.

Jurisdiction of Courts
General – empowered to decide all disputes which may come before it, except those assigned
to other courts.
Limited – has authority to hear and determine only a few specified cases.
Original – try and decide a case for the first time.
Appellate – Take a case already heard and decided by a lower court removed from it by
appeal.
Exclusive – try and decide a case which cannot be presented before any other court.
Concurrent – two or more courts may take cognizance of a case
Criminal – it exists for the punishment of a crime.
Civil – it exist when the subject matter is not a criminal offense.

Delegated Jurisdiction – Power to hear and determine cases by authority of court vested by
original jurisdiction over the case delegated.
Territorial Jurisdiction – Power to hear and decide cases falling within a territorial limit.
Summary Procedure – Refers to proceedings whereby criminal cases are speedily decided or
resolved.
Bail – It is the security required by court and given for the provisional or temporary release of a
person who is in the custody of the law conditioned upon his appearance before any court as
required under the conditions specified.

Forms of Bail
1. Corporate Surety
2. Cash Bond
3. Property Bond
4. Recognizance

Arraignment – It is made on the first day of the trial wherein there is the reading of the case
and the accused enters a plea.

Pre trial – It is a conference undertaken among litigants and their respective lawyers with the
judge for the purpose of considering such other matters:
1. Plea bargaining
2. Stipulation of facts
3. Admission of facts
4. Marking documentary evidence
5. Waiver of objection to the admissibility of evidence

Plea Bargaining – The process whereby the accused and the prosecution work out a
satisfactory disposition of the case subject to court approval. It usually involves the accused
pleading guilty to a lesser offense or to only one or some counts of several charges in return for
a lighter penalty.

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Trial – It is the examination done before a competent tribunal, according to the laws of the land,
of the facts in issue in a cause, for the purpose of determining such issue. The process by which
the offended party represented by the public prosecutor/private prosecutor to present all their
evidence to prove that the offense charged was committed by the accused and that the
offended party suffered damages, the accused will also present his evidence to prove his
innocence or to seek a lighter penalty.
Promulgation of Judgment – It is reading of the judgment given to the accused.

Decision – Is a judgment by a court of justice or other competent tribunals after the

presentation of proof in an ordinary or criminal case upon stipulation of facts upon which the
disposition of the case is based.

Appeal – Elevation of the decision of the lower court to the higher court for purposes of review.

IV. CORRECTION PILLAR

Concept of Correction
The branch of Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration which utilizes
the body of knowledge and practices of the government and the society in general involving the
process of handling individuals who have been convicted of offenses for the purpose of crime
prevention and control.

The Three Aims of Correction Reforms

1. To provide judges with more options to deal with offenders through the use of probation, day
fines, commitment to community treatment centers, pre-trial release and other measures short
of imprisonment.
2. Improving condition in prison and jails, including decongestion, improved housing, more
effective medical, educational, vocational training, and rehabilitation program services.
3. Establishing an integrated correctional system that will ensure the development of a unified
philosophy of treatment, implementation of uniform standards and policies, effective programs
planning and development and efficient delivery of services to offenders while at the same time
protecting the interest and welfare of the society.

In Addition, the Bureau of Prison is entrusted with Two Broad Goals

To segregate from society persons who by their acts have proven themselves dangerous to the
society.
To strive at the correction of these prisoners with the hope that when they return to society, they
shall be able to lead normal, well-adjusted, self supporting and useful lives as useful and law-
abiding citizens.

Punishment – The redress that the state takes against an offending member of the society that
usually involves pain and suffering.
Penalty – It refers to the consequences that follow the transgression of laws. The judicial
punishment for crime or violation of laws.
Imprisonment – It is the state or condition of being constrained, restrained or incarcerated in
room or a building. It is actually a form of conventional punishment of criminal offenders.
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Prison – It is penitentiary, an institution for the confinement of persons convicted of
major/heinous crimes.
Prisoner – A person who is under the custody of a lawful authority. A person who by reason of
his criminal sentence or by a decision issued by a court, may be deprived of his liberty or
freedom.
- Any person detained/confined in jail or prison for the commission of a criminal offense
or convicted and serving in a penal institution
Classification of Prisoners
Detention Prisoners – those detained for investigation, preliminary hearing or awaiting trial.
Sentenced Prisoners – Offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.
Prisoners on Safekeeping – includes non-criminal offenders who are detained in order to
protect the community against their harmful behavior.

Classification of Sentence Prisoners

Insular or National Prisoners – Those sentences to suffer a term of sentence of 3 years and 1
day to life imprisonment.
Provincial Prisoners – Those sentences to suffer a term of imprisonment from 6 months and 1
day to 3 years or a fine of not more than 1,000 pesos or both; those detained therein waiting for
preliminary investigation of their cases cognizable by the RTC.
City Prisoner – Those sentenced to suffer a term of imprisonment from 1 day to 3 years or a
fine of not more than 1,000 pesos or both. Those detained therein whose cases are cognizable
by the RTC and under preliminary investigation.
Municipal Prisoners – Those confined in municipal jails to serve an imprisonment from 1 day
to 6 months. Those detained therein whose trials of their cases are pending with the MTC.

Jail – A place for locking-up of persons who are convicted of minor offenses imposed upon
them by a competent court, or for confinement of persons who are awaiting trial or investigation
of their cases.

Types of Jails
Lock-up jails – is a security facility, common to police stations used for temporary confinement
of an individual held for investigation.
Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender to
serve sentence less than three years.
Workhouse, Jail Farms or Camp – A facility that houses minimum custody offenders who are
serving short sentences or those who are undergoing constructive work programs.
Release – The stage wherein the convict after serving his sentence or period of probation or
parole is finally granted the right of a freeman by restoring his entire constitutional and civil
rights taken from him as a result of the commission of crime.

V. THE COMMUNITY PILLAR

The Community refers to the civilian populace in, municipalities or public in general, and can be
used interchangeably with public, citizenry, society, or private sector.

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What makes the Community as a Pillar?

Family – Refers to the basic social group united through bonds of kinship or marriage, present
in all societies. It is the primary institution that molds a child to become a law-abiding person or
a delinquent.
School – The second integral stage of the behavioral/social development process is the school.
It is said that the school is an extension of the home having the strategic position to control
crime and delinquency. It exercises authority over every child that enters its jurisdiction. The
teachers are considered second parents having the responsibility to mold the child to become
productive members of the community by devoting energies to study the child’s behavior using
all available scientific means and devices in an attempt to provide each the kind and amount of
education they need.
Church – The church is the institution that provides a place for public worship and the services
needed to enhance the spiritual and moral character of an individual. The church influences
people’s behavior with the emphasis on morals and life’s highest spiritual values, the worth and
dignity of the individual, and respect for people’s lives and properties. The church generates a
strong will of the people to oppose crime and delinquency.
Mass Media – It is the best institution for information dissemination thereby giving an
opportunity to the public to know the necessary facts of life that help them shape their daily
views about crime and its control.
Non-Government Organization – NGO’s are private organizations that are civic oriented and
thus promote peaceful and productive society. These are groups of concerned individuals
responsible for helping the government to pursue community development. They serve as
partners of the government institutions in providing common services for public good and
welfare, thus preventing criminality and maintaining peace and order.

Two (2) Fold Roles of the Community as a Pillar of CJS

To participate in Law Enforcement Activities.
To participate in the promotion of Peace and Order

56.

MODULE 11
Progress Check 1

MULTIPLE CHOICE: Read and analyze the questions carefully. Select the best or nearest
answer from the given choices. Write the corresponding capital letter of your choice in separate
answer sheet.
1. The power and authority to hear and decide cases brought in the court for the first time.
a. Original Jurisdiction c. Appellate Jurisdiction
b. Concurrent Jurisdiction d. Appellate Jurisdiction

2. The power and authority to hear and decide cases that may be brought to two or more courts.
a. Original Jurisdiction c. Exclusive jurisdiction
b. Concurrent Jurisdiction d. Appellate jurisdiction

3. The purpose of pre-trial:

a. To mark evidence
b. To determine probable cause
c. To determine guilt
d. To determine the validity of the arrest

4. The power and authority to hear and decide cases previously heard by the lower court.
a. Original Jurisdiction c. Exclusive Jurisdiction
b. Concurrent Jurisdiction d. Appellate Jurisdiction

5. The one made in open court by the judge or clerk furnishing the accused of the copy of the
complaint or information, reading the same in the language or dialect known to him, and asking
him whether he pleads guilty or not guilty.
a. Prosecution c. Arraignment
b. Investigation d. Trial

6. The security given for the release of a person in custody of law.

a. Bail c. Civil liability
b. Assurance d. Insurance

7. The prosecutor started to evaluate the credibility of evidence, statement of witnesses and the
complaint initiated by the police to determine whether or not to file the case in court. This is
considered as,
a. Arrest c. Adjudication
b. Charging d. Sentencing

8. The major function of the prosecution component of the Philippine Criminal Justice System is
a. To enforce the laws of the land
b. To rehabilitate prisoners
c. To represent the government in criminal Cases
d. All of these

57.
9. Mr. X, a notorious criminal was arrested during the commission of the crime, a case was filed
against him by a police officer. Therefore, the case will be forwarded to the prosecutor for the
purpose of ___
a. Issuance of warrant of arrest c. Custodial Investigation
b. Preliminary Investigation d. Inquest

10. Offenses where the penalty prescribed by law is at least 4 years, 2 months and 1 day
without regard to the fine require the conduct of _____
a. Inquest c. Preliminary Investigation
b. Trial d. Pre-Trial

11. The Bureau of Correction is under the Department of:

a. Interior and Local Government
b. Bureau of Jail Management and Penology
c. Justice
d. National Security

12. Prisoners sentenced from one day to three years or a fine of not more than one thousand
pesos are categorized as-
a. Insular Prisoner c. City Prisoner
b. Provincial Prisoners d. None of these

13. The theory in penal science which maintains that punishment gives a lesson to the offender
and the would-be criminals is called:
a. deterrence c. Reformations
b. incapacitation d. Public safety

14. Municipal prisoners are those sentenced to suffer a term of imprisonment from _____.
a. 1 day to 3 years c. 1 day to 30 days
b. 1 day to 6 months d. None of these

15. The generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders refers to:
a. Correction c. Penology
b. criminal Justice d. Base pillar

16. The penalty imposed for offenders must be certain. This means that:
a. The guilty one must be the one to be punished, no proxy.
b. No one must escape its effect
c. It must be equal for all persons
d. The consequences must be in accordance with law

17. Mr. Cruz was convicted of the crime of murder. After 10 days from the promulgation of the
sentence, he escaped from his place of confinement. He is:
a. liable for evasion of service of sentence
b. not liable for evasion of service of sentence
c. considered as an escaped prisoner
d. none of these
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18. The punishment should be provided by the state whose sanction is violated, to afford the
society or individual the opportunity of imposing upon the offender suitable punishment as might
be enforced. Offenders should be punished because they deserve it. This is one justification of
punishment called:
a. Atonement c. Incapacitation
b. Deterrence d. Retribution

19. The penalty imposed for offenders must be certain. This means that:
a. The guilty one must be the one to be punished, no proxy.
b. No one must escape its effect
c. It must be equal for all persons
d. The consequence must be in accordance with law

20. The custodial investigation is initiated by

a. Law Enforcement Officers c. Judges
b. Public Officers d. Prosecutors

21. The following are the rights of a person under custodial interrogation, except;
a. Right to be informed of his rights
b. Right to have a competent and independent counsel
c. Right to remain silent
d. Right against double Jeopardy

22. The Pillar of Philippine Criminal Justice System that conducts preliminary investigation and
inquest proceeding
a. Law Enforcement c. Court
b. Prosecution d. Correction

23. The order of the trial will be modified when:

a. The accused lies c. The accused goes to a foreign country
b. The accused claims self-defense d. The accused desires

24. It is the examination before a competent tribunal, according to the laws of the land, of the
facts and issue of the case, for the purpose of determining such issue.
a. Bail c. Arraignment
b. Pre-trial d. Trial

25. A person who sues another person or accuses another person of a crime in a court of law
a. criminal c. Plaintiff
b. Accused d. None of these

26. The Philippine National Police Organization is headed by __________.

a. Chief of Police c. President
b. Police Officers d. Chief, PNP

27. The satellite where the Reception and Diagnostic Center is located.
a. BukangLiwayway Camp c. Sampaguita Camp
b. Either A and B d. Neither A and B

59.
28. It is the most basic social institution and is the most potentially effective agencies of social
control.
a. Church c. Family
b. Community d. School

29. A local government together with society of individuals or institutions

a. Family c. Community
b. Religion d. Prison
30. The best institution for information dissemination
a. Mass Media c. Government
b. School d. Family

60.

MODULE III
Restorative Justice

Objectives:
At the end of the lesson, the learner should be able to:
1. Evaluate the benefits and objectives of Restorative Justice and trace its evolution and how it
can change the modern concept of justice.
2. Conceptualize the Moral Principles of Restorative Justice.
3. Discuss the Biblical and Theological Basis of Restorative Justice

WHAT IS RESTORATIVE JUSTICE?

Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to their victims and to the community. It creates obligation to make
things right through proactive involvement of victims, ownership of the offender of the crime and
the community in search for solutions which promote repair, reconciliation and reassurance.
Thus, the restorative justice process is actively participated in by the victim, the offender, and/or
any individual or community member affected by the crime to resolve conflicts resulting from the
criminal offense, often with the help of a fair and impartial third party. Examples of restorative
process include mediation, conferencing, sentencing/support circle and the like. The restorative
outcome is the agreement obtained as a product of a restorative justice process. Examples of
restorative outcomes include restitution, community work service and any other program or
response designed to accomplish reparation of the victim, and the reintegration of the victims
and/or offenders.

HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?

The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a
member-country, through a draft resolution, recommended to the Economic and Social Council
of the United Nations Organization (UNO), the adoption of the “Basic Principles on the Use of
Restorative Justice Programmes in Criminal Matters”. The said document is a formulation of UN
Standard in the field of mediation and restorative justice. The Philippines, being a signatory
member-country should ensure adoption of this resolution.

Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the
incidence of recidivism. This is in line with the applicable laws, rules, and policies mandating this
Agency to administer the Parole and Probation System in the country. As such, the Parole and
Probation Administration (PPA) is empowered to create innovative policies, programs, and
activities to facilitate the reintegration of its clientele into the mainstream of society and
consequently prevent the commission of crime. Therefore, PPA adopts Restorative Justice as
one of its rehabilitation programs which utilizes restorative processes and aims to achieve
restorative outcomes.

61.

Moral Principles and Foundations for Restorative Justice

Restorative Justice is rooted in the biblical call for shalom. A call to wholeness for
individuals and relationships, wholeness in relationship with God and the relationship of the
Community.

Important Terms:
1. Restorative Justice is a process through which remorseful offenders accept responsibility
for their misconduct to those injured and the community that, in response allows the re-
integration of the offender into the said community. It treats a crime as violation of people and
relationship. It creates obligation to make things right through proactive involvement of victims,
ownership of the offender of the crime and the community in search for solutions which promote
repair, reconciliation and re-assurance.
2. Restorative Justice Program means any program that utilizes restorative processes or aims
to achieve Restorative Outcome.
3. Restorative Process means any process in which the victim, the offender and/or any
individual or community member affected by a crime (can) actively participate together in the
resolution of matters resulting from the crime or offense, often with the help of a fair and
impartial third party. Examples of Restorative Process include mediation, conferencing,
sentencing circle and the like.
4. Restorative Outcome means an agreement obtained as a product of a Restorative Justice
Process. Examples of Restorative Outcome include restitution, community service and any
other program or response designed to accomplish reparation of the victim and the re-
integration of the victim and/or offender.
5. Peacemaking Encounter (PE) means a community-based gathering that brings the victim,
victimized community and the offender together, to inform each other about the effect of crime
and victimization, to learn about each other’s background and the reintegration of the victim
and/or offender.
6. Restitution is a process upon which offenders accept accountability for the offender for the
benefit of the community as a formal or informal sanction.
7. Community Service is a work performed without compensation by the offender for the
benefit of the community as a formal or informal sanction.
8. Parties or Stakeholders means the victims, the offenders and the community affected by a
crime that may be involved in a Restorative Justice Process.
9. Facilitator is a third party who is fair, honest and impartial, whose role is to facilitate the
Restorative Justice process.

62.

What is restorative justice?

Restorative justice differs completely from the retributive model which is the basis for our
criminal justice system. The following chart summarizes many of the differences between the
two models.

Retributive Restorative
Definition of a Crime the breaking of rules (laws) harm done to a person
Aims to punish offenders for their to restore victim, offender and
crimes community to their pre-crime
 status
Offender's Role to be determined guilty or to make amends to victim and
innocent and to be punished community; to “right the wrong”
Offenders Rights due process rights right to express concerns and to
negotiate reparation
Nature of Victim the state the individual
Victim's Role periphery; to report offence and central; to reconcile with offender
to testify in court when required and to negotiate reparation
Victim's Rights none to confront offender and to
receive restitution
Community Role none to mediate reconciliation
Community Rights to be protected from crime to be involved in restoration
Court's Role to determine guilt and to to help mediation process
impose a sentence
Prosecutor's Role to represent state and to administrative
provide evidence
Standard of Proof beyond a reasonable doubt balance of probabilities
Administrative adversarial negotiation/mediation
Process
Focus past; determination of guilt and future; search for solutions and
administration of pain promotion of reconciliation
Concept of Guilt guilt is absolute and permanent guilt removable through
acceptance of responsibility and
reparation
Concept of Debt paid by being punished and paid to victim by making
owed to the state reparations
Concept of Justice “right-rules,” tested by process “right-relationships,” tested by the
and intent outcomes
Outcomes punishment reparation and reconciliation

The Biblical and Theological Basis of Restorative Justice

1. Crime results in injuries to victims, communities, and offenders; the purpose of the
criminal justice process should be to address and repair those injuries.
This tenet is based on several biblical principles, including:
1. Restitution
Restitution is a requirement that offenders to pay back or make whole the people who
have been harmed by their actions.

63.

2. Accountability
A person who is accountable must be ready to tell his/her story, to explain him/herself.
3. Forgiveness
Forgiveness is both a giving up of a claim to retribution and a ceasing to feel resentment
about having been wronged.
2. Not only government, but also victims, offenders, and communities should be actively
involved in the criminal justice process at the earliest point and to the maximum extent
possible.
This tenet rests on biblical principles which include:
 1. Personal Responsibility
People who are personally responsible are answerable for their actions, and lack of
actions.
2. Worthiness/Redemption
No one is beyond the reach of redemption; no matter what we have done or failed to do,
we are worthy to be an active participant in responding to crime.
3. In promoting justice, the government is responsible for preserving order, and the
community is responsible for establishing peace.
This tenet relies on biblical principles which include:
1. Discipline
Discipline is training by instruction or exercise, most often to reinforce regularity, order,
or rule.
2. Fairness
Fairness is a procedural aspect of justice which is often described as the quality of
treating similar cases appropriately similarly and treating different cases appropriately
differently.
3. Reconciliation
Reconciliation is a restoration of right relationships, obtaining agreement and
acceptance between parties, making congruous.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION

PROGRAM OF PPA?
1. Reintegration of the offenders to the social mainstream and encouraging them to assume
active responsibility for the injuries inflicted to the victims;
2. Proactive involvement of the community to support and assist in the rehabilitation of victims
and offenders;
3. Attention to the needs of the victims, survivors and other persons affected by the crime as
participating stakeholders in the criminal justice system, rather than mere objects or passive
recipients of services of intervention that may be unwanted, inappropriate or ineffective;
4. Healing the effects of the crime or wrongdoing suffered by the respective stakeholders; and
5. Prevention of further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

A. During the Investigation Stage
Information such as victims’ version of the offense, effect of victimization to their lives, families,
future, and plans, and victims’ appreciation on how the damage/harm inflicted by the crime can
be repaired and healed are gathered to serve as input in the post-sentence investigation (PSI)

64.
or pre-parole/executive clemency investigation (PPI) reports prepared by the investigating
officer to be submitted to the Court and the Board of Pardons and Parole, respectively. These
data are vital in the conduct of restorative justice processes during the supervision phase.
Soliciting stakeholders’ interest for their introduction to the restorative process commences
during this stage.

B. During the Supervision Stage

1. Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in
the client’s Supervision Treatment Plan (STP). In applying the various restorative justice
processes for the client’s rehabilitation, the supervising officer observes the following points:
2. The parties are brought within the program out of their own volition. Parties have the right to
seek legal advice before and after the restorative justice process;

3. Before agreeing to participate in the restorative justice process, the parties are fully informed
of their rights, the nature of the process, and the possible consequences of their decision;
Neither the victim nor the offender is induced by unfair means to participate in restorative justice
processes or outcomes;
4. Discussion in restorative justice processes should be highly confidential and should not be
disclosed subsequently, except with the consent of the parties, and should not be used against
the parties involved;

5. Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and

6. In the event agreement is reached by parties, it is put in writing to give substance/essence to

the agreement. The failure to implement any provision of the agreement made in the course of
the restorative justice process is a basis for the withdrawal of the case from the program.

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?
A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts
as restorative justice planner. As such, he/she undertakes the following responsibilities:
1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case
for Peacemaking Encounter;
2. Conducts dialogue to explore the possibility of restorative justice process;
3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference;
4. Serves as facilitator-strength in the conference;
5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares casenotes reflective of restorative justice values and utilizing the following points:
1. Impact of crime and effect of victimization
2. Victim inputs and involvement opportunities
3. Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the
community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and

65.

2. Implements and monitors plans and agreements achieved during the conference and sets
direction to realize success of the process.

WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING THE

RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING FROM THE
CRIMINAL OFFENSE?
1. The clients must admit the offense to be eligible for the conference, and if possible, they
should be encouraged to take full responsibility;

2. A personal visit by the Restorative Justice planner may be necessary to solicit interest and
willingness of stakeholders to participate in the restorative process;
3. The victims’ preference for the time, date and place of the meeting should be given greatest
weight;

4. Restorative Justice planners should also get in touch with community strengths to serve as
facilitator like local officials, members of the Lupon Tagapamayapa or any responsible and
respected personalities in the locality;

5. A pre-conference meeting with the selected facilitators prior to the actual conduct of peace
encounter conference should be set to carefully plan for all the details, from the sitting
arrangements and refreshments to the box of tissue papers which incidentally would let
participants know that display of emotions is okay;

6. A pre-conference meeting could likewise be arranged separately with individual stakeholders

to explain the process and other vital details of the conference;

7. The Restorative Justice planner should ensure that everyone knows how to get to the
location site of the conference;

8. Facilitators should ensure that the conference shall be conducted without interruption in a
comfortable location and shall secure the safety of all stakeholders;

9. Stakeholders shall also be consulted relative to the composition of the panel of facilitators.
Any party may move to oppose the inclusion of persons by reason of relationship, bias, interest
or other similar grounds that may adversely affect the process; and

10. Indigenous system of settling differences or disputes shall accordingly be recognized and
utilized to conform with the customs and tradition of that particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
Peacemaking Encounter
Peacemaking Encounter is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by
providing a safe and controlled setting for them to meet and speak with the offender on a
confidential and strictly voluntary basis. It also allows the offender to learn about the impact of
the crime to the victim and his/her family, and to take direct responsibility for his/her behavior.
Likewise, it provides a chance for the victim and the offender to forge a mutually acceptable
plan that addresses the harm caused by the crime.
66.
As a community-based decision model, the Agency Peacemaking Encounter is being
implemented through the following processes:

1. Victim/Offender Mediation – a process that provides an interested victim an opportunity to

meet face-to-face his/her offender in a secured and structured setting or atmosphere, with the
help of a trained mediator, and engage in a discussion of the past offense and its impact to
his/her life. Its goal is to support the healing process of the victim and allow the offender to learn
the impact of his/her offense on the victim’s physical, emotional and financial existence, and
take direct responsibility for his/her behavior by mutually developing a Restorative Justice plan
that addresses the harm caused by the said offense.
2. Conferencing – a process which involves community of people most affected by the crime –
the victim and the offender and their families, the affected community members and trained
facilitators and community strength – in a restorative discussion of issues and problems arising
from an offense or coincidence which affects community relationship and tranquillity. Facilitated
by a trained facilitator, the above parties are gathered at their own volition to discuss how they
and others have been harmed by the offense or conflict, and how that harm may be repaired
and broken relationship may be restored.

3. Circle of Support – a community directed process organized by the field office and
participated in by the clients, the Volunteer Probation Aides (VPAs) and selected members of
the community in the discussion of the offense and its impact. Within the circle, people freely
speak from the heart in a shared search for understanding the incident, and together identify the
steps necessary to assist in the reconciliation and healing of all affected parties and prevent
future crime or conflict.

In the Agency, the circle of support is facilitated by trained Probation and Parole Officers,
Volunteer Probation Aides or selected community leaders who offered their services free of
charge to serve as facilitator or keeper.

In implementing this process, the probation and parole officer should be the facilitator who is
sensitive to the needs of the victim. Likewise, the probation and parole officer should exert effort
to protect the safety and interest of the victim.

WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON

DURING THE RESTORATIVE JUSTICE PROCESS?
As a result of the restorative justice process, the following outcomes or interventions may be
agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:
A. Restitution
Restitution is a process upon which the offender accepts accountability for the financial and/or
non-financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right
which is very crucial in assisting the redirection of the victim’s life. Part of the conditions of
probation as imposed by the Court is the payment of civil liability to indemnify the victim of the
offender, and to inculcate to the offender a sense of responsibility and obligation towards the
community.
Consequently, the probation and parole officer should see to it that the offender complies with
this condition.

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B. Community Work Service

Community Work Service, whether imposed as a condition of offender’s conditional liberty or
integral part of his treatment plan, should be purposely motivated to make the offender realize
that he/she incurred an obligation to make things right. In its application, the offender can be
subjected to perform work service measures, including, but not limited to any of the following:
Mentoring and Intergenerational Service – offenders will develop their nurturing needs thru
caring for other people; example: with senior citizens, with orphanages, or with street children.
Economic Development – to link directly with the business project; examples: cleaning
downtown area, tree planting, maintenance of business zones, housing restoration, garbage
and waste management, cleaning of esteros, recycling, construction, repair of streets, and the
like.
Citizenship and Civic participation-experiential activities which involve solving community
problems; examples: puppet shows that showcase values, street dramas, peer counseling.
Helping the Disadvantaged – this will enhance offender’s self-esteem; examples: assist
handicapped, assist in soup kitchen, tutor peers, visit the aged in jail and hospitals.
Crime Prevention Project – examples: Brgy. Ronda, giving testimony to the youth.
The probation and parole officer should ensure the adoption of these community work services
to facilitate the reintegration of the offender in the community.

C. Counseling (whether individual, group or family)

It will enhance client’s interpersonal relationship and it will help him/her become more aware of
his/her shortcomings/weaknesses. This will also help him/her overcome painful experiences that
drove him/her to commit a crime/ offense.
D. Attendance to trainings, seminars and lectures
E. Participation in education, vocation or life skills program
F. Group Therapy Session
An intervention which provides recovering drug dependents or those with serious behavioral
problems an opportunity to discuss their problems.
G. Spiritual development session/faith-based session
H. Submission to psychological/psychiatric assessment
I . Submission to drug test/drug dependency examination
J. Attendance to skills training/livelihood assistance program
K. Marital enhancement program
L. Written or oral apology
M. Submission to family therapy session
This session aims to develop healthy personal relationship within the family and to establish
open positive communication between family members and significant others. Family members
should be oriented in their individual responsibilities and roles.
N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

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MODULE 111
Progress Check 1
Discussion:

1. Define and Discuss restorative justice.

2. Differentiate Retributive and Restorative

3. What are the Biblical and Theological Basis of Restorative Justice, Discuss.

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COURSE EVALUATION
INSTRUCTION: This is the last part of the module which is to be answered at the end
of the course. This will not evaluate the teacher.

1. What lesson or activity did I enjoy most? Why?

 2. What is the most important lesson which I can apply in my daily life?

3. What are the new insights/discoveries that I learned?

4. What topic/s do I find least important?

5. What possible topics should have been included?

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