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Criminology 2
PHILIPPINE CRIMINAL JUSTICE SYSYTEM

CRIMINAL JUSTICE SYSTEM

- The sum total of instrumentation which a society uses in the prevention and control of crime and delinquency.
- The machinery of the state or government which enforces the rules of conduct necessary to protect life and property and to
maintain peace and order.
- Comprises all means used to enforce these standards of conduct, which are deemed necessary to protect individuals and to
maintain general well-being of the community.

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) PROSECUTION
3) COURTS
4) CORRECTIONS
5) COMMUNITY

THREE PILLARS OF THE AMERICAN CRIMINAL JUSTICE SYSTEM

1) LAW ENFORCEMENT
2) COURTS
3) CORRECTIONS

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY

PD 1293 –the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT
THE BARANGAY LEVEL
- Promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL

RA 7160 – otherwise as the “LOCAL GOVERNMENT CODE OF 1991

- Provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- Enacted on 10 October 1991

LUPONG TAGAPAMAYAPA
It is a body of men created to settle disputes within the barangay level. It is also referred to as the LUPON

Composition of the Lupon

The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary as the Secretary
of the Lupon, plus other members who shall be not less than ten (10) but not more than twenty (20). It shall be constituted every three
(3) years.

Qualification to become member of the Lupon

Any resident of the barangay of reputable character may be appointed as member of the Lupon. Member of the Lupon shall be
appointed by the Barangay Chairman with the term of three (3) years.

Basic function of the Lupon

Essentially, the Lupon must provide a forum for matter relevant to the amicable settlement of disputes for the speedy
resolution of disputes.

Meditation = is the process by which the Lupon chairman meets with the parties together with their witnesses to mediate with their
conflicting interest.

PANGKAT TAGAPAGKASUNDO
It shall acts as the conciliation panel. It is also referred to as the PANGKAT
It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from among the three of
them the Pangkat Chairman and Pangkat Secretary.
The pangkat shall be constituted whenever a dispute is brought before the Lupon.
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The members of the Pangkat shall be chosen by the parties of the disputes from among the Lupon members. In case of
disagreement the Barangay Chairman shall draw lots.

Matters falls under the jurisdiction of the Lupon

a) those involving offenses that are punishable by the imprisonment of one year and below of a fine in the amount of five
thousand pesos and below;
b) those involving parties, that actually reside or work in the same barangay;
c) those involving marital and family disputes;
d) those involving minor disputes between neighbors;
e) those involving real properties located in the barangay;

Venue for amicable settlement

a) disputes between persons actually residing in the same barangay shall be brought for amicable settlement before the Lupon of
said barangay;
b) those involving actual resident of different barangays within the same city or municipality shall be brought in the barangay
where the respondent actually resides;
c) all disputes involving real property or any interest shall be brought in the barangay where the real property or the larger
portion is situated;
d) those arising at the workplace where the contending parties are employed or at the institution where such parties are enrolled
for study shall be brought in the barangay where such workplace or institutional is located.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may be initiate proceeding?
Any individual who has a cause of action against another individual involving any matters within the authority of the Lupon
may complain, orally or in writing to the Lupon.

COMPLAINANT – the person who filled the complaint against the respondent.

RESPONDENT – the person who is being complained of.

CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for which the latter suffers damage which
affords a party to a right to judicial intervention.

2. Upon receipt of the complaint the Chairman shall meet with the respondent and complainant and mediate, if he falls in his mediation
within fifteen (15) days he shall set a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputant are persuaded by the Punong Barangay or Pangkat to amicably settle
their disputes

3. The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This period may be extended for
another fifteen (15) days, at the discretion of the Pangkat.

Purpose of amicable settlement

“Because it is a pre-condition to filling of complaint in court”
“No complaint involving any matter within the authority of the Lupon shall be filled directly in court unless there has been a
confrontation between the parties before the Chairman or the Pangkat, and that no conciliation or settlement has been reached as
certified by the Secretary, or unless the settlement has been repudiated by the parties.”

Effect of the amicable settlement

The amicable settlement shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from
the date of settlement.

FIRST PILLAR: LAW ENFORCEMENT

As the first pillar in the criminal justice system, the police is considered as the initiator of action. Its actions and decisions
essentially control or dominate the activities or functions of the other pillars.

Brief History of the Philippine policing System

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The institution of police in the Philippines formally started during the Spanish period. The establishment of the police force was
not entirely intended for crime prevention or peacekeeping. Rather, it was created as an extension of the colonial military
establishment.

Ancient Roots
The forerunner of the contemporary police system was the practice of barangay chieftains to select able-bodied young men to
protect their barangay during the night and were not required to work in the fields during daytime.
Spanish Period
Carabineros de SeguridadPublica – organized in 1712 for the purpose of carrying the regulations of the Department of State; this was
armed and considered as the mounted police; years discharged the duties of a port, harbor and river police

Guardrilleros – this was a body of rural police organized in each town and established by the Royal Decree of 18 January 1836; this
decree provided that 5% of the able-bodied male inhabitants of each province were to be enlisted in this police organization for three
years.

Guardia Civil – this was created by a Royal Decree issued by the Crown on 12 February 1852 to partially relieve the Spanish Peninsular
troops of their work in policing towns; it consisted of a body of Filipino policemen organized originally in each of the provincial capitals
of the central province of Luzon under the Alcalde Mayor

American Period
The American established the United States Philippine Commission headed by General Howard Taft as its first governor general
on January 9, 1901, the Metropolitan Police Force of Manila was organized pursuant to Act No. 70 of the Taft Commission. This has
become the basis for the celebration of the anniversary of Manila’s Finest every January 9 th.

Act No 175 – entitled “An Act providing for the Organization and Government of an insular Constabulary”, enacted on July 18, 1901
Act No 255 – the act that renamed the insular constabulary into Philippine Constabulary enacted on October 3, 1901

Executive Order 389 – ordered that the Philippines Constabulary be one of the four services of the Armed Forces of the Philippines,
enacted on December 23, 1940.

Post-American Period
RA 4864 – otherwise known as the Police Professionalization Act of 1966, enacted the Police Commission (POLCOM) as a supervisory
agency to oversee the training and professionalization of the local police forces under the Office of the President; later POLCOM was
renamed into National Police Commission (NAPOLCOM)

Martial Law Period

PD 765 – otherwise known as the integration Act of 1975, enacted on August 8, 1975; established the Integrated National Police (INP)
composed of the Philippines Constabulary (PC) as the nucleus and the integrated local police forces as components, under the Ministry
of national Defense.
- Transferred the NAPOLCOM from the Office of the President to the Ministry of National Defense

Post Martial Law Regime

Executive Order No 1012 – transferred to the city and municipal government the operational supervision and direction over all INP units
assigned within their locality.

Executive Order No 1040 – transferred the administrative control and supervision of the INP from the Ministry of National Defense to
the National police Commission.

RA 6975 – otherwise known as the Department of the interior and local Government Act of 1990, enacted on December 13, 1990;
reorganized the DILG and established the Philippine National Police, Bureau of Fire protection, Bureau of Jail Management and
Penology and the Philippine Public Safety College.

RA 8551 – otherwise known as the Philippine National Police Reform and Reorganization Act of 1998, enacted on February 25, 1998; this
law amended certain provision of RA 6975
R.A. 9708 =

PHILIPPINE NATIONAL POLICE

- Organized pursuant to RA 6975, as amended by RA 8551
- A law enforcement agency under the operational control of the Department of the Interior and Local Government and
administrative supervision of the National Police Commission
- It is an organization that is national in scope and civilian in character
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- Headed by the Chief, PNP, with the rank of Director General

OBJECTIVE OF LAW ENFORCEMENT/POLICE

1) Crime prevention – the prevention and suppression of crimes have traditionally been accepted as the primary goal of the local
police forces
2) Criminal apprehension – it is a police responsibility to identity, locate, and apprehend offenders.
3) Law enforcement – it is the basic responsibility of the police to enforce the law.
4) Order maintenance – one of the most troublesome responsibilities of the police.
5) Public service – because the police is the most visible symbol of authority, they are called upon to assist in situation like
location of lost persons or properties, to provide VIP, bank and funeral escorts and other similar duties.
6) Traffic regulation and motor accident investigation –
The police are excepted to ensure road safety for both pedestrians and motorists and assist in cases of road accident and
emergencies.

SECOND PILLAR: PROSECUTION

PROSECUTON
- The course of action or process whereby accusation are brought before a court of justice to determine the innocence or guilt of
the accused
- In a criminal action, it is a proceeding instituted and carried on by due course of law before a competent tribunal, for the
purpose of determining the guilt or innocence of a person charged with a crime
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
- One who prosecute another for a crime in the name of the government; one who investigates the prosecution upon which an
accused is arrested; one who prepares an accusation against the party whom he suspect to be guilty
- An officer of the government whose function is the prosecution of criminal actions or suits partaking of the nature of criminal
actions

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

NATIONAL PROSECUTION SERVICE (NPS)

- The principal prosecutory arm of the government
- Its primary task is to investigate and prosecute all criminal offenses defined and penalized under the Revised Penal Code and
other special laws
- Composed of the Office of the Chief State Prosecutor, the Regional State Prosecution Offices and the Provincial and City
Prosecution Office
- Under the general supervision and control of the Secretary of the Department of Justice
- The Chief State Prosecutor is the head of the Prosecutorial Staff

PRELIMINARY INVESTIGATION
- An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof
- It is requires to be conducted before the filling of the information for an offense where the penalty prescribed by law is at least
four years, two months and one day

PROBABLE CAUSE
- The existence of such facts and circumstances as would excited a belief in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person is guilty of the crime for which he is prosecuted
- Such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been
committed by the person sought to be arrested

Pleading = refers to written allegation of the parties to the case

= are the written statement of the respective claims and defenses of the parties submitted to the court for appropriate judgment (Rule
6, sec 1, RC)

COMPLAINT
- A sworn, written statement charging a person with as offense, subscribed by the offended party, any peace officer or other
public officers, charged with the enforcement of the law
- It may be filled either before the prosecutor’s office or the court
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INFORMATION
- An accusation in writing charging a person with an offense subscribed by the fiscal and filed with the court

OFFENDED PARTY
- The person against whom or against whose property the crime was committed

PEACE OFFICERS
- Officers directly charged with the preservation of peace, law and order
- Includes members of the Philippines National Police

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION (PNO’[s)

1) Provincial or city prosecutor and their assistants (PCP)
2) Judges of the municipal trial courts and municipal circuit trial courts (No longer allowed)
3) National and regional state prosecutors (NRSP)
4) Other officers as may be authorized by law:
a) Tanodbayan’s special persecutors as authorized by the Ombudsman
b) COMELEC’s authorized legal officers in connection with election offenses
c) Special prosecutors appointed by the Secretary of Justice

PROCEDURE OF PRILIMINARY INVESTIGATION

1) There must be a complaint accompanied by the affidavit of the complaint and his witnesses as well as other supporting
documents to establish probable cause.
2) The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within ten (10) days after filling
of the complaint.
3) The respondent shall submit his counter-affidavit and that of his witnesses within ten (10) days from receipt of the subpoena. If
the respondent cannot be subpoena or if he failed to submit his counter-affidavit within the prescribe period, the investigating
prosecutor shall resolve the complaint based on the evidence presented by the complainant.
4) The investigating prosecutor may set a hearing if there are facts or issues to be clarified. The hearing shall be held within ten
(10) days from the submission of the counter-affidavit, or from the expiration of the period of submission. Such hearing shall be
terminated within five (5) days.
5) Within ten (10) days after the investigation, the investigating prosecutor shall determine whether or not there is sufficient
ground to hold the respondent for trial. The fermentation of the hearing shall be the end of the investigation.
6) If the investigating prosecutor finds cause to hold the respondent for trial he shall prepare the resolution and information. He
shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor within five (5) days his
resolution.

If the investigating prosecutor recommends dismissal of the case, the same procedure shall apply.
The provincial, city or chief state prosecutor shall act on the resolution within ten (10) days from receipt and shall immediately
inform the parties of such action.
No complaint or information may be filed or dismissed by the investigating prosecutor without prior written authority or
approval of the provincial or city or chief state prosecutor.

7) If the investigating prosecutor recommends the filing of the case but the provincial, city or chief state prosecutor disapproves
and wants the case dismissed, the provincial, city or chief state prosecutor may dismiss the case without need for another
preliminary investigation.

If the investigating prosecutor recommends dismissal of the case but the provincial, city or chief state prosecutor finds probable
cause, the provincial, city or chief state prosecutor may file the information with the court without the need for preliminary
investigation.

8) In case either party is not satisfied with findings of the provincial, city or chief state prosecutor, he may submit his petition with
the Secretary of Justice.

The Secretary of Justice has the power to modify the resolution of the provincial, city of chief state prosecutor. The Secretary
may affirm or reverse the resolution of the provincial, city or chief state prosecutor without conducting another preliminary
investigation.

THIRD PLLAR: COURTS

COURT
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- An organ of the government belonging to the judicial department whose function is the application of the laws to controversies
brought before it and the public for the administration of justice.
JUDICIARY
- That branch of the government which is vested with judicial power.
- That branch of the government which is empowered to interpret, construe and apply the laws
JUDICIAL POWER
- The power to apply the laws to contest or disputes concerning legally recognized right or duties of and between the state and
the private persons or between individual litigants in case properly brought before the judicial tribunals.
- Vested in one Supreme Court and in such lower courts.
POWER OF JUDICIAL REVIEW
- The power of the Supreme Court to determine whether laws passed by Congress and acts to the President are in accord with
the Constitution when the matter is raised.
JUDGE
- A public officer so named in his commission and appointed to preside over and to administer the law in a court of justice
JURISDICTION
- The power and authority of court to hear , try and decide cases

KINDS OF JURISDICTION
1) General – when the court is empowered to decide all disputes which may come before it except those assigned to other courts.
2) Limited – when the court has authority to hear and determine only a few specified cases.
3) Original – when the court can try and hear a case presented for the first time
4) Appellate – when the court can try a case already heard and decided by a lower court, removed from the latter by appeal.
5) Exclusive – when the court can try and decide a case which cannot be presented before any other court.
6) Concurrent – when any of two or more courts may take cognizance of a case.

BP 129 = otherwise known as the Judiciary Reorganization Act of 1980

ORGANIZATION AND JURISDICTION OF THE

COURTS
SUPREME COURT
- Composed of a Chef Justice and 14 Associate Justices
- Shall have administrative supervision over all courts
- Shall have the power to discipline judges of the lower courts
- Shall have appellate jurisdiction over cases decided by the Court of Appeals
- Shall have the power of judicial review

COURT OF APPEALS
- Headed by a Presiding Justice
- Has appellate jurisdiction over cases decided by the RTC

REGIONAL TRIAL COURTS

- Presided by a Regional Judge
- Has general jurisdiction over criminal case
- Has jurisdiction over offense punishable with imprisonment of six years one day and over
- Has appellate jurisdiction over cases decided by the MTC and MCTC

METROPOLITAN, MUNICIPAL TRIAL COURT, AND MUNICIPAL CIRCUIT TRIAL COURT

- Has jurisdiction over violation of city or municipal ordinances, and offenses punishable by imprisonment not exceeding six
years.
SPECIAL COURTS
1) COURT OF TAX APPEALS
- Created under RA 1125
- Composed of three (3) judges
- Has exclusive appellate jurisdiction to review on appeal decisions of the Commissioner of the Bureau of Internal Revenue
involving internal revenue taxes and decisions of the Commissioner of the Bureau of Customs involving customs duties
2) SANDIGANBAYAN
- Created pursuant to PD 1606
- Composed of fifteen (15) Justice
- Tasked to handle criminal cases involving graft and corruption and other offenses committed by high-ranking public officers and
employees in connection with the performance of their functions
3) SHARIA COURTS
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- Crated pursuant to PD 1083, otherwise known as the “Code of Muslim Personal Laws of the Philippines”
- Created as part of the judicial system
- Courts of limited jurisdiction known as the Sharia District Court are presided by District Judges
- Sharia circuit trial courts, are presided by circuit judges

DECISION
- The judgment rendered by a court of justice or other competent tribunals

JUDGEMENT
- The adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper
penalty and civil liability
- It must be written in the official language, personally and directly prepared by the judges and subscribed by him
- Shall contain clearly and distinctly a statement of the facts and the law upon which it is based

CONTENTS OF JUDGEMENT
1) JUDGMENT OF CONVICTION
- When the judges finds the accused guilty of the charges against him
- The legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating
circumstances which attended its commission
- The participation of the accused in the offense, whether as principal, accomplice or accessory after the fact
- The penalty imposed upon the accused
- The civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party
unless the enforcement of the civil liability by a separate civil action has been reserved or waived.

2) JUDGEMENT OF ACQUITAL
- When the judge finds the accused not guilty of the charges against him.
- Shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to
prove his guilt beyond reasonable doubt

Rendition of Judgment = the writing of the judgment by the judge

PROMULGATION OF JUDGEMENT
- By reading in the presence of the accused and any judge of the court which it was rendered
- If the judge is absent, the judgment may be promulgated by the clerk of court

FOURTH: CORRECTION
Correction = is that branch of administration of criminal justice charged with the responsibility for the custody, supervision and
rehabilitation of convicted offenders.
Penology = a branch of criminology which deals with the treatments; management and administration of inmates.
Penalty = the suffering that is inflicted by the state for the transgression of the law.

Theories Justifying penalty

Prevention = the state punish the criminal to prevent or suppress the danger to the state and to the public arising from the criminal acts
of the offender.
Self-Defense – the State punishes the criminal as a measure of self-defense to protect the society from the threat and wrong inflicted by
the criminal
Reformation – the State punishes the criminal to help reform or be rehabilitated
Exemplarity – the State punishes the criminal to serve as an example to other and discourage other from committing crimes
Justice = the State punish the criminal as a act of retributive justice a vindication of absolute right and moral law violated by the
criminal.

Judicial Condition of Penalty

Judicial and legal - penalty must be imposed by the proper authority and by virtue of a judgment as prescribed by law.
Definite - penalty must be specific and exact
Commensurate – penalty must be proportional to the gravity or seriousness of the crime committed.
Personal – penalty must be imposed only to the person who actually committed the crime with substitutes.
Equal – penalty must be applied to all who committed the offense.

Prison law – basic law in the Philippines Prison System found in the Revised Administrative Code.
Philippines Prison System – patterned after the US federation Prison System
P.D. 29 – the law that classified prisoners
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Classification of prisoner
1) According to Sentence/place of confinement.
a. National or Insular Prisoner – one who is sentenced to serve a prison term of three years and one day to death.
b. Provincial Prisoners – one who is sentenced to serve a prison term of six months and one day to three years.
c. City Prisoners – one who is sentenced to serve a prison term of one day to there years.
d. Municipal Prisoner –one who is sentence to serve a prison term of one day to six months.

2) According to fine:
a. National or Insular – one who is sentenced to serve a prison term of three years and one day to death or whose fine is
more than 6,000.00 or both
b. City/Provincial prisoner – one who is sentenced to serve a prison term of six months and one day to three years or whose
fine is less than P6,000.00 but more than P200.00 , or both.
c. Municipal prisoner – one who is sentenced to serve a prison term of one day to six months or whose fine is not more than
P200.00 or both.

3) According to Status
a. Detention prisoners – those held for security reasons, investigating; those awaiting or undergoing trial and awaiting
judgment.
b. Sentence prisoner – those convicted by final judgment and serving their sentence.

Prison – institutions for confinement of convicted offenders sentenced to more than three (3) years of imprisonment.
- derived from the Greco-Roman word “presidio”
- administered by the National Government under the Bureau of Corrections.
-also called national prisons and also includes the penal colonies and penal farms.

Jails – institutions for confinement of convicted offenders sentenced to imprisonment of three (3) years or less.
Institution for the confinement of those still undergoing trial or awaiting judgment.
Derived from the Spanish word “jaula” and “caula”

Provincial jails are administered and supervised by their respective provincial governor.
City and municipal jails are administered and supervised by the Bureau of jail Management and Penology.

Executive Clemency = collective term for absolute pardon, conditional pardon, and commutation of sentence.
= granted by the chief Executive Officer (President of the Philippines).

KINDS OF EXECUTIVE CLEMENCY

1. Pardon – an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom
it is bestowed from the punishment the law inflicts for crime he has committed.
- granted by the President after conviction by final judgment.
- extinguishes only criminal liability but not the civil liability

Kinds of Pardon:
a. Absolute pardon – the extinction of the criminal liability of the individual to when it is granted without any condition and
restores to the individual his civil rights.
b. Conditional Pardon – the extinction of the criminal liability of an individual from the punishment which the law inflicts for
the offense he has committed within certain limits or conditions.
2. Commutation of Sentence – reduction of the sentence from a heavier sentence to a less serious one, or from longer prison term to a
shorter one.
- convicted offenders may only be granted commutation of sentence as provided by law.
3. Amnesty – an act of sovereign power granting oblivion or general pardon for the past offense, usually granted in favor of certain
classes of persons who have committed crimes of political character, such as treason or rebellion.
4. Commutation of sentence – reducing the period of imprisonment into shorter period.
5. Reprieve – temporary suspension of the execution of sentence.

Parole – a method by which a prisoner who has served a portion of his sentence is conditionally released but remains in legal custody,
the condition being that in case of misbehavior, he shall put back to prison.
- granted to convicted offender who have served a portion of their sentence as provided by law granted by the Board of
Pardons and Parole.