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PHILIPPINE CRIMINAL JUSTICE SYSTEM
PROF. RODRIGO A. ROSALIA III
Registered Criminologist, Master of Science in Criminal Justice(in-progress)
Bachelor of Secondary Education (units), TESDA NC II -Driving
National Criminology Review Lecturer
Definition of terms:
Criminal
▪ (Criminological point of view) a person who
committed a crime.
▪ (Legal Point of view) a person who has been found
guilty by final judgment by court of competent
jurisdiction.
Justice – can be described in two basic principles: (a) giving
what is due to others, and (b) treating equals equally and
unequal unequally according to their inequality.
System – refers to a process, procedure or scheme whichis to
be undertaken in order to achieve certain ends.
Criminal justice – is the study of various governmental
agencies which are responsible in processing law
violators.
CRIMINAL JUSTICE SYSTEM
▪ Criminal Justice System is the machinery used by the
society to prevent and control crime. It is a tool of a
Democratic Government to protect the society against
criminality and other peace and order problem.
▪ In theory, Criminal Justice System is an integrated
apparatus that is concerned with apprehension,
prosecution, trial, conviction, sentencing and
rehabilitating or correcting criminal offenders. The
process is the totality of the activities of law enforcers,
prosecutors, defense lawyers, judges and correctional
institutions, as well as those of mobilized community in
crime prevention and control.
▪ Basically, the Criminal Justice System in the American
context is initially made up of three key components –
the police, the court and the corrections.
▪ Criminal Justice System in the Philippines was
expanded to achieve its objectives – prevention and
control of crimes
CONCEPT OF CJS IN THE UNITED STATES
CJS in the American context is initially made up of
three (3) keys components – the police, the courts, the
corrections.
CONCEPT OF CJS IN THE PHILIPPINES
The Philippine Criminal Justice System is made up of
the various government agencies known as the pillars or
components, which are responsible for the enforcement of
the law and the administration of justice. These are the
Police, the Prosecution, the Court, the Corrections and the
mobilized Community. They comprised the Five (5) Pillars of
the Criminal Justice System.
These five (5) elements are known as the FIVE
PILLAR OF THE C.J.S. On them obviously depends the
effective and efficient operation of the criminal Justice
System.
Generally speaking, the following are the functions of the five
components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of
the people
4. To detect, investigate, apprehend, prosecute, and
punish those who violate the law
5. To rehabilitate the convicted criminal offenders and
reintegrate them into the community as law-abiding
citizens
CJS MODELS (ACCORDING TO HERBERT PACKER)
1. Crime Control Model - is based on the idea that the
most important function of the CJS is protection of the
public and the repression of criminal conduct – the rights
of the individuals are just secondary; and
2. Due Process Model – to the proponents of this, the
rights of an individual must be co-equal with the concern
for public safety.
CRIMINAL LAW AND THE CRIMINAL JUSTICE
SYSTEM
✓ Crime. It is an act or omission punishable by law.
✓ Act. Any bodily movement tending to produce
some effect.
✓ Omission. It refers to the failure to perform a
specified act.
✓ Criminal Law. is that branch of public substantive
law which defines crimes, treats of their nature,
and provides for their punishment.
Types of Crime
✓ Felony. Any act punishable by the Revised
Penal Code of the Philippines.
✓ Offense. Any act punishable by Special Penal
Laws.
✓ Infraction of Law – any act in violation of city or
municipal or local government’s ordinances.
✓ Misdemeanor or Delinquency. Any act which is
in violation of simple rules and regulations.
Sources of Criminal Law:
✓ Revised Penal Code (Act No. 3815) and its
amendments
✓ Republic Acts, Presidential Decrees and
Executive Orders
✓ Other Special Penal laws passed by the Phil.
Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of
the Philippines and the Batasang Pambansa
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Presidential Decress and Republic Acts are the two (2) well-
known names of special criminal laws in thePhilippines.
1. Presidential Decrees - are special laws which
were passed during the Martial Law ere wherein
the Philippine was placed under a parliamentary
system of government.
2. Republic Acts - are special laws which were
passed after the 1987 constitution enacted where
the system of our government is now democratic
and republican.
TWO CLASSIFICATIONS OF CRIMINAL LAW
1. SUBSTANTIVE – defines the elements that are
necessary for an act to constitute as a crime and
therefore punishable.
2. PROCEDURAL – refers to a statute that provides
procedures appropriate for the enforcement of the
Substantive Criminal Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE
ADMINISTRATION OF THE CJS
1. PRESUMPTION OF INNOCENCE
This means that those who are accused of crimes are
considered innocent until proven guilty. The accused is
entitled to all the rights of the citizens until the accused’s
guilt has been determined by the court of law or by the
accused’s acknowledgment of his guilt that he or she
indeed committed the crime. No less than the
Constitution of the Philippines provides that an accused
shall be presumed innocent until proven guilty.
2. BURDEN OF PROOF
In criminal cases means that the government must
prove beyond “reasonable doubt” that the suspect
committed the crime. In order to make sure that only
those who are guilty of the crime as 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.
THE DIFFERENT NOMENCLATURES GIVEN TO THE
PERSON WHO IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
✓ Offender – the principal character to the CJS.
✓ Felon – one who committed a felony.
✓ Suspect – one who is implicated to the
commission of a crime (subject for investigation).
✓ Respondent – person who is a subject of
preliminary investigation or inquest proceeding.
✓ Accused – person charged of an offense in court
and facing trial.
✓ Appelant – one who filed an appeal.
✓ Criminal – one who is found guilty by final
judgment by a competent court.
✓ Petitioner – one who files an application for
Probation, Parole or Pardon.
✓ Absconding Petitioner – one who escape
pending application for Probation, Parole or
Pardon.
✓ Probationer – one whose application for
probation was granted.
✓ Absconding Probationer – one who did not
report after the grant of probation by the trial court.
✓ Parolee – one who is granted with parole
✓ Pardonee – one who is given pardon.
✓ Client – person who is under supervision by
Probation and Parole Officer.
PHILOSOPHIES BEHIND THE CJS
1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures
2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused
PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING
1. LAW ENFORCEMENT - also called the POLICE
pillar. It occupies the frontline of the CJS because
they are regarded as the initiator of the system.
They are also the first contact of the law violator in
the CJS process. It investigates, makes arrests
and prepares evidence against the suspects
needed to prosecute them.
2. PROSECUTION - takes care of evaluating the
evidence and formally charges the suspects
before the court. It serves as screening process on
whether to file a case base on evidence or dismiss
the same and determines what particular crime
shall be formally filed and presents theburden of
proof against the suspect.
3. COURT - conducts arraignment and trial. It issues
warrant of arrest if the accused is at large and
acquits the innocent and adjudicate penalty for the
accused if found guilty.
4. CORRECTION - responsible for the incarceration
and rehabilitation of the convicted person to
prepare for eventual reintegration in the
community.
5. COMMUNITY
- helps the penitent offender to become law-
abiding citizen by accepting the ex-convict’s re-
entry and assists said penitent offender lead a
new life as a responsible member of the society
- Not under or independent among the branches
of the government.
FIRST PILLAR: LAW ENFORCEMENT
- The law enforcement pillar is the branch of the
criminal justice system that has the specific
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responsibility of maintaining law and order and
combating crime within the society.
- The Law Enforcement as the first pillar is
considered to be the “initiator” or the “prime
mover” of the Criminal Justice System. This pillar
is also commonly referred to as the police pillar.
- This pillar is comprised of the different law
enforcement agencies in the country such as the
Philippine National Police, the National Bureau of
Investigation, the Philippine Drug Enforcement
Agency, the Bureau of Customs, the Bureau of
Internal Revenue, and the Land Transportation
Office, among many others.
PHILIPPINE NATIONAL POLICE
- Organized pursuant to RA 6975, as amended by RA
8551 as further amended by R.A. 9708.
RELEVANT LAWS ON THE ORGANIZATION OF THE
PNP:
1. RA 6975 - An Act establishing the Philippine
National Police under a reorganized Department
of the interior and Local Government and for other
purposes, otherwise known as DILG Act of 1990,
was approved on December 13, 1990 and made
effective on January 1, 1991.
2. RA 8551 – An Act providing for the Reform and
Reorganization of the PNP, otherwise known as
PNP Reform Act of 1998, was passed into law on
February 25, 1998.
3. RA 9708 - “An Act extending for 5 years the
reglementary period for complying the minimum
educational qualification for appointment to the
PNP and adjusting the promotion system thereof
passed on August 12, 2009
PHILIPPINE NATIONAL POLICE
1. A law enforcement agency under the DILG.
2. Under administrative control and operational
supervision of the National Police Commission.
CONSTITUTIONAL BASIS
It is an organization that is national in scope and
civilian in character, as provided by Section 6,
Article 16 of the 1987 Philippine Constitution: “The
state shall establish and maintain one police force
which shall be national in scope and civilian in
character…”
POLICE DISCRETION
It is an authority conferred by law to act in a certain
condition or situation in accordance with an officer or an
official agency’s own considered judgment or conscience.
It is simply the wise use of one’s judgment in a police
situation requiring immediate and decisive action.
Some Discretion of the Police
1. To strictly enforce the laws and ordinances
2. To be lenient in the enforcement of laws and
ordinances.
3. To apply for search warrants
4. To arrest the suspect’s or just merely warn him
5. To gather additional evidence or immediately file
in case against the suspect
6. To follow-up cases
POLICE ROLES AND FUNCTIONS IN THE SOCIETY
LAW ENFORCEMENT
The Philippine National Police has the power to
enforce laws and ordinances relative to the protection of
lives and property, such as the Revised Penal Code, other
special penal laws and city and municipal ordinances.
CRIME PREVENTION - the elimination of the
opportunityfor the commission of a crime.
POLICE PATROL
Patrol has been described as the backbone of the
police department. Theoretically, patrol officers are the
most valuable people in the organization.
CRIME DETECTION
Crime detection is the discovery of the police that a
crime had been committed.
There are traditional ways that occurrence of crime ismade
known to the police:
1. when the victim personally reports the crime to the
police;
2. when a witness personally reports the crime to the
police; and
3. when the police catches an offender while in the
commission of a crime.
CRIMINAL APPREHENSION - the legal term for
criminal apprehension is arrest.
ARREST (Rule 113, Sec. 1)
Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
MODES OF ARREST
1. Arrest by virtue of a warrant
2. Arrest without a warrant
An arrest may be made on any day and at any time of the day
or night, even on a Sunday.
WARRANT OF ARREST – an order in writing issued in the
name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to take a
person into custody in order that he may be bound to
answer for the commission of an offense shall remain valid
until the person to be arrested has been arrested or has
surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. – A peace officer or a
private person may, without a warrant, arrest a person:
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1. When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense;
2. When an offense has just been committed and he
has probable cause to believe based on personal
knowledge of facts or circumstances that the
person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another. (Rule 113, Sec. 5)
SEARCH AND SEIZURE
Search refers to the examination of an individual’s
person, house, papers or effects, or other buildings and
premises to discover contraband or some evidence of guilt
to be used in the prosecution of a criminal action
SEARCH WARRANT
- an order in writing issued in the name of thePeople
of the Philippine, signed by a judge and directed
to a peace officer, commanding him to search for
personal property described therein, and bring it
before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period
PERSONAL PROPERTY TO BE SEIZED
1. Subject of the offense;
2. Stolen or embezzled and other proceeds, fruits of
the offense; or
3. Use or intended to be used as the means of the
commission of the offense.
CIRCUMSTANCES OF WARRANTLESS SEARCH:
1. Warrantless search incidental to a lawful arrest
under Sec. 12, Rule 128 Rules of Court (in
flagrante delicto arrest)
2. Seizure of evidence in plain view/plain view
doctrine
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and frisk search, and
7. Exigent and emergency circumstances
CRIMINAL INVESTIGATION - is an art, which deals with
identity and location of the offender and provides evidence
of his guilt in criminal proceedings.
NATIONAL BUREAU OF INVESTIGATION (NBI)
✓ The National Bureau of Investigation had its
inception on 13 November 1936 upon the
approval of Commonwealth Act No. 181 by
legislation. It was the brainchild of the late
President Manuel L Quezon and was first
organized as a Division of Investigation (DI)
patterned after the United States Federal Bureau of
Investigation.
✓ The Bureau assumes an increasingly significant
role as a law enforcement agency, thus on 19
June 1947 and by virtue of Republic Act No. 157
it was reorganized into the Bureau of
Investigation.
✓ The law was later amended by Executive Order
No. 94 issued on 4 October 1947 renaming it into
what it is presently known as the National Bureau
of Investigation.
✓ The NBI is a government entity that is civilian in
character, and national in scope which is under the
Department of Justice.
✓ The National Bureau of Investigation is presently
under the Department of Justice performing the
principal functions of detecting, investigating, and
prosecuting crimes towards the end of preventing
criminality. Among the activities the NBI conducts
are:
1. to detect and investigate crimes;
2. to investigate civil or administrative cases
of interest to the government upon request;
3. to act as the national clearing house of
criminal records and other information;
PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)
✓ created by the virtue of Republic Act 9165.
✓ serves as the implementing arm of the
Dangerous Drug Board (DDB).
✓ Responsible for the efficient and effective law
enforcement of all the provisions on any
dangerous drug and/or controlled precursor and
essential chemical as provided in RA 9165.
✓ headed by Director General with the rank of
Undersecretary, appointed by the President.
✓ The head of the PDEA is assisted by 2 deputies
Director General, with the rank of Assistant
Secretary, 1 for Operations and 1 for
Administration, also appointed by the President.
OTHER LAW ENFORCEMENT AGENCIES
✓ Bureau of Fire Protection;
✓ Bureau of Jail Management and Penology;
✓ Bureau of Customs;
✓ Bureau of Internal Revenue;
✓ Bureau of Food and Drugs; and
✓ Optical Media Board.
SECOND PILLAR: PROSECUTION
✓ Prosecution is the course of action or process
whereby accusations are brought before a court of
justice to determine the innocence or guilt of he
accused.
✓ The institution or continuance of a criminal suit
involving the process of exhibiting formal charges
against an offender before a legal tribunal and
pursuing final judgment on behalf of the state or
government;
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Prosecution - party in a criminal proceeding who institutedthe
criminal action.
Defense - party against whom the criminal action was
instituted.
In all criminal prosecutions, the real offended party is
the People of the Philippines, for a crime is an outrage
against, and its vindication is in favor of, the people in a
sovereign state. Thus, all criminal cases are titled “People
of the Philippines vs. (the name of the accused).
WHO IS A 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.
The PROSECUTION PILLAR takes care of
evaluating the evidences and formally charges the
suspects before the court. It serves as the screening
process on whether to file a case based on
evidences or dismiss the same.
It determines what particular crime shall be formally
filed and present the burden of proof against the
suspected individual in the court.
Basic Law affecting Prosecution
PD 1275 issued on 11 April 1978 Reorganizing the
Prosecution Staff of the Department of Justice and the
Offices of the Provincial and City Fiscals, Regionalizing the
Prosecution Service, and Creating the National
Prosecution Service
PROSECUTION AGENCIES
Government agencies
▪ National Prosecution Service
▪ Office of the Solicitor General (State Prosecutor)
▪ Office of the Ombudsman
▪ Office of the Regional State Prosecutor
▪ Office of the Provincial, City, and Municipal
Prosecutors
▪ Public Attorney’s Office
FUNCTIONS OF THE PROSECUTION AGENCIES
The prosecution service has the following generalfunctions:
1. Evaluate the police findings referred to them, or other
complaints filed directly with them by individual
persons;
2. File corresponding criminal complaints or information
in the proper courts on the basis of their evaluation
on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name
of the people of the Philippines.
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 (Sec. 112, Criminal Procedure,
Rules of Court).
It is required to be conducted before the filing of the
information for an offense where the penalty prescribed by
law is at least 4 yrs, 2 mos. and 1 day.
Note: The need for Preliminary Investigation depends upon
the imposable penalty for the crime charged in the
complaint or information filed.
The purpose of conducting preliminary investigation is
to establish probable cause.
Probable Cause – such facts and circumstances that would
lead a reasonably discreet and prudent man to believe that
the person sought to be arrested has committed an
offense.
Probable cause
As a ground for an arrest or issuance of a warrant of arrest
Prosecutorial Discretion
is the prudent use of judgment being exercised by the
investigating fiscal or prosecutor in determining the
existence of probable cause during preliminary
investigation.
Purposes of Preliminary Investigation
1. To protect the innocent against, hasty, oppressive
and malicious prosecution
2. To secure the innocent from open and public
accusation of trial, from trouble expense and anxiety
of a public trial.
3. To protect the state from useless and expensivetrials.
PERSONS AUTHORIZED TO CONDUCT PRELIMINARY
INVESTIGATION:
1. Provincial or City Prosecutors and their assistants;
2. Judges of the municipal trial courts and municipal
circuit trial courts (no longer allowed)
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law.
▪ Tanodbayan’s special prosecutors as authorized
by the Ombudsman
▪ COMELEC’s authorized legal officers in
connection with election offenses
▪ Special prosecutors appointed by the Secretary
of Justice
PROCEDURE FOR PRELIMINARY INVESTIGATION
See Section 3, Rule 112, Rules of Court
COMPLAINT – Is a sworn written statement charging a
person with an, offense, subscribed by the offended party,
any peace officer or other public officer charged, with the
enforcement of the law violated.
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INFORMATION - an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with
the court.
An affidavit is a statement of facts under oath.
The Summon shall be directed to the defendants,
signed by the clerk of court under seal and contain (a) the
name of the court and the names of the parties to the
action; (b) a direction that the defendant answer within the
time fixed by these Rules; (c) a notice that unless the
defendant so answers plaintiff will take judgment by default
and may be granted the relief applied for. (Sec. 2, Rule 14,
Rules of Court)
A subpoena is a process directed to a person requiring him
to attend and to testify at the hearing or the trial of an action,
or at any investigation conducted under the law, or for the
taking of his deposition (Section 1, Rule 23, Rules of
Courts).
1. Subpoena duces tecum
2. Subpoena ad testificandum
INQUEST PROCEEDING
▪ Inquest proceeding is an inquiry made by the duty
prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant.
▪ This process requires the prosecutors to resolve the
complaint the police filed in a prescribed period which
varies depending on the gravity of the offense:
1. light penalties = 12 hours
2. correctional penalties = 18 hours
3. afflictive penalties = 36 hours
BAIL
Bail is defined as the security given for the release of
the person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before any
court as required under the conditions as specified.
The purpose of bail is to secure the appearance of the
accused before the court when so required and to provide
the accused of his temporary liberty while awaiting the
processing and disposition of the case filed against him
KINDS OF BAIL:
▪ Property bond;
▪ Corporate Surety;
▪ Cash Deposit;
▪ Recognizance
THIRD PILLAR: COURT
▪ Court, as the third pillar, is said to be the centerpiece
of the criminal justice system and its primary and
most important function as a component of the
criminal justice system is to decide whether the
accused is guilty or not guilty of the crime he is
accused of committing.
▪ It is within the power of this pillar to end the process
for the accused or to proceed with the next pillar,
which is correction.
▪ The Courts occupy the third pillar of the CJS. It is the
most sensitive phase of the criminal justice system
where fair and open trial is conducted. It is the forum
where the prosecution is given the opportunity to
prove that there is a strong evidence of guilt against
the accused.
▪ It is the last citadel of hope for fair administration of
justice.
The Judge is a public officer so named in his commission
(written evidence of appointment) and appointed to preside
over and to administer the law in a court of justice.
Powers & Functions of the Courts under the
Constitution (Art. VIII, Sec. 1)
1. The judicial power is vested in one Supreme Court
and in such lower courts as may be established by
law. Judicial power includes the duty of the courts to:
2. Settle actual controversies involving rights, which are
legally demandable and enforceable;
3. 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 orinstrumentality
of the Government.
JUDICIAL POWER - is the power to apply the laws to
contests or disputes concerning legally recognized rights
or duties of and between the state and the private persons
or between individual litigants in cases properly brought
before the judicial tribunals. It is vested in one Supreme
Court and in such lower courts as may be established by
law.
POWER OF JUDICIAL REVIEW - is the power of the
Supreme Court to determine whether laws passed by
Congress and acts of the President are in accordance with
the Constitution when the matter is raised.
NOTE: All courts have judicial power but only the Supreme
Court has the power of judicial review.
JURISDICTION - It is the authority of the court to hear andtry
a particular offense and to impose the punishment
provided by law.
VENUE - Refers to the place, location or site where the case
is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF CRIMINAL
JURISDICTION:
1. The offense is one which the court is by law
authorized to take cognizance of
2. The offense must have been committed within its
territorial jurisdiction
3. The person charged with the offense must have been
brought to its presence for trial, forcibly, by warrant of
arrest or upon his voluntary submission to the court.
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KINDS OF JURISDICTION
1. General – when the court is empowered to decide all
disputes which may come before it except those
assigned in other courts.
2. Limited – when the court has the 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.
7. Criminal – that which exists for the punishment of
crime
8. Civil – that which exists when the subject matter is
not of a criminal offense
THE PHILIPPINE JUDICIARY
Batas Pambansa Blg. 129
- Otherwise known as the Judiciary Reorganization
Act of 1980 which defines the organization, composition
and jurisdiction of the courts.
I. REGULAR COURTS
1. SUPREME COURT (SC)
▪ the highest court of the land.
▪ composed of a Chief Justice and 14 Associate
Justices.
▪ has appellate jurisdiction over cases decided by the
Court of Appeals and has the power of judicial review.
▪ the court of last resort
2. COURT OF APPEALS (CA)
▪ headed by a Presiding Justice and composed of sixty-
eight (68) Associate Justices.
▪ has appellate jurisdiction over cases decided by the
Regional Trial Courts.
▪ It reviews not only the decisions and orders of the
Regional Trial Courts nationwide, but also those of the
Court of Tax Appeals
3. REGIONAL TRIAL COURTS (RTC)
▪ presided by a Regional Judge.
▪ has general jurisdiction over criminal cases and has
jurisdiction over offenses punishable with
imprisonment of six (6) years and one (1) day and
over.
▪ has appellate jurisdiction over cases decided by the
MTCC, MTC, MeTC and MCTC.
4. MTC / MCTC / MeTC / MTCC
Original Jurisdiction:
▪ all violations of city and municipal ordinances
▪ all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of
fine
▪ damage to property through criminal negligence
II. SPECIAL COURTS
1. SANDIGANBAYAN
▪ created under Presidential Decree No 1606.
▪ Its rank or level is equal to that of the Court of Appeals
and Court of Tax Appeals.
▪ It is composed of a Presiding Justice and fourteen (14)
Associate Justices.
▪ This special court is 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.
▪ It has original exclusive jurisdiction over public officers
accused of committing crimes in relation to their official
functions and whose salary grade is 27 and above.
2. COURT OF TAX APPEALS (CTA)
▪ created by Republic Act No 1125, as amended by
Republic Act No 9282.
▪ Its rank or level is equal to that of the Court of Appeals
and Sandiganbayan.
▪ It is composed of a Presiding Justice and five (5)
Associate Justices.
▪ It has both the original and appellate jurisdictions over
civil and criminal tax cases involving the National
Internal Revenue Code, Tariff and Customs Code and
the Local Government Assessment Code.
3. SHARI’A COURTS
▪ created pursuant to Presidential Decree 1083,
otherwise known as the Code of Muslim Personal
Laws of the Philippines.
▪ It has exclusive jurisdiction over cases that pertain to
family rights and duties as well as contractual relations
of Filipino Muslims. And decisions rendered by the
Shari’a District Courts are final.
III. Administrative Agencies
Administrative Agencies includes
▪ National Labor Relations Commission
▪ Commission on elections
▪ Bureau of Internal Revenue
▪ Bureau of Customs
▪ Board of Transportation
▪ Commission on Audit
▪ Energy Regulatory Board
▪ Civil Service Commission
Quasi-Judicial Power
The power of the administrative agency to determine
questions of fact to which the legislative policy is to apply,
in accordance with the standards laid down by the law
itself.
JUDICIAL AND BAR COUNCIL (JBC)
The Judicial and Bar Council, or JBC, is a body
created by the 1987 Philippine Constitution under the
supervision of the Supreme Court. It has the principal
function of recommending appointees to the Judiciary. All
justices and judges are appointed by the President from a
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list of at least three (3) nominees prepared by the Judicialand
Bar Council.
Members of the Judicial and Bar Council under
theConstitution (Art. VIII Sec. 8[1]):
1. Chief Justice (ex officio Chairman)
2. Secretary of Justice
3. A Representative of the Congress
4. Representative of the IBP
5. A professor of Law
6. A retired member of the Supreme Court
7. A representative of the Private Sector
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1. ARRAIGNMENT
▪ the reading of the criminal complaint or
information to the defendant, by the judge or clerk
of court, and the delivering to him a copy thereof,
including a list of witnesses, and asking him
whether he pleads guilty or not guilty as charged
Plea – is the response of the accused when asked whetherhe
is guilty or not guilty of the offense charged. It is of two
kinds: guilty plea, which must be unconditional; and not
guilty.
2. PRE-TRIAL
▪ a conference called by the judge that requires the
presence of both the prosecution and the accused
before the beginning of a trial
▪ mandatory in all criminal cases
The following are to be taken up during the conference:
▪ plea bargaining;
▪ stipulation of facts;
▪ marking for identification of evidence of the parties;
▪ waiver of objections to admissibility of evidence;
▪ modification of the order of trial if the accused admits
the charge but interposes a lawful defense;
▪ such other matters as will promote a fair and
expeditious trial of the criminal and civil aspects of the
case.
PLEA BARGAINING - the process whereby the accused, the
offended party and the prosecution work out a mutually
satisfactory disposition of the case subject to court
approval
3. TRIAL – Trial is the examination before a competent
tribunal, according to the laws of the land, of the facts put
in issue in a case, for the purpose of determining such
issue. It is the period for the introduction of evidence by
both parties.
Order of Trial:
1. The Prosecution shall present evidence to prove the
charge
2. The Accused may present evidence to prove his
defense
3. The prosecution and defense may present rebuttal
and sur-rebuttal evidence, unless the Court, permits
them to present additional evidence
4. Upon admission of evidence, the case is deemed
submitted for decision unless the Court directs them
to argue orally or to submit written memoranda
4. JUDGMENT
▪ 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
▪ defined as the decision or sentence of the given
by a court as the result of proceedings instituted
therein
A judgment becomes final: PS-WP
1. when the period for perfecting appeal an appeal has
lapsed;
2. when the sentence is partially or totally satisfied or
served;
3. when the accused expressly waives in wilting his right
to appeal and
4. when the accused applies for probation
5. APPEAL
▪ the elevation by an aggrieved party of any
decision, order or award of a lower body to a
higher body, by means of a document which
includes the assignment of errors, memorandum
of arguments in support thereof, and the reliefs
sprayed for.
▪ an appeal must be within fifteen (15) days from
promulgation of judgment, the period forperfecting
an appeal.
Extinction of Criminal Liability (Art. 89,
RPC)Total:
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman (in good faith)
Prescription of crime – is the forfeiture or loss of the rightof
the State to prosecute the offender after the lapse of a
certain time fixed by law
Prescription of penalty - is the loss or forfeiture of the right
of the government to execute the final sentence after the
lapse of a certain time fixed by law.
Partial:
1. Conditional pardon
2. Commutation of sentence
3. Good conduct time allowance during confinement
4. Parole
5. Probation
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FOURTH PILLAR: CORRECTIONS
▪ Corrections is the fourth component of the criminal
justice system.
▪ It is the branch of administration of criminal justice
charged with the responsibility for the custody,
supervision and rehabilitation of convicted offenders.
It also deals with punishment, treatment and
incarceration of offenders.
PENOLOGY – a branch of criminology which deals withthe
treatment, management and administration of inmates
PURPOSES/OBJECTVES OF MODERN
CORRECTIONS:
RETRIBUTION – imprisonment is supposed to be the
payment of the offender to the victim or the victim’s family
for the crime he committed against him or them
DETERRENCE – Imprisonment is supposed to discourage
convicted offenders from committing crimes again
because of their experience in the prison or jail at the same
time, imprisonment is supposed to discourage ISOLATION
– Convicted offenders are separated from society to
prevent them from committing another crime atthe same
time, imprisonment protects law-abiding citizens from the
harm criminals may inflict on them REFORMATION – this
involves the use of punitive anddisciplinary measures
such as solitary confinement tomodify or reform criminal
behavior whose conduct anddeportment is not totally
responding to rehabilitationprograms
REHABILITATION – based on the premise that through
correctional intervention, such as educational and
vocational training and psychotherapeutic programs, an
offender may be changed
REINTEGRATION – the effort of correction to change criminal
behavior should result in a situation and ability onthe part
of the penitent offender to return to society in some
productive and meaningful capacity in a free community.
PENALTY
▪ the suffering that is inflicted by the State for the
transgression of the law
▪ refers to punishment imposed by a lawful authority
upon a person who commits a deliberate or negligent
act. Penalty can take the form of imprisonment,
payment of fines and damages, among others.
JUSTIFICATION FOR PENALTIES
1. PREVENTION
2. SELF-DEFENSE
3. REFORMATION
4. EXEMPLARITY
5. JUSTICE
JURIDICAL CONDITIONS OF PENALTY
▪ 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.
▪ CERTAIN – no one must escape its effect
▪ HUMANE – do not affecting human dignity
▪ 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 no
substitutes.
▪ EQUAL - penalty must be applied to all who
committed the offense.
PUNISHMENT – It is the redress that the state takes
against the offender member of society
TWO DIVISIONS OF CORRECTIONS
1) Institutional Corrections
2) Non-Institutional Corrections
INSTITUTIONAL CORRECTIONS
INSTITUTIONAL CORRECTIONAL AGENCIES IN THE
PHILIPPINES
1. BUREAU OF CORRECTIONS (BUCOR)
▪ an attached agency of the Department of Justice
▪ principal task is for the rehabilitation of prisoners
▪ maintains its offices at the New Bilibid Prison
Compound in Muntinlupa City
▪ exercises over all control and supervision of all the
corrections/prisons facilities nationwide
▪ has custody of prisoners sentenced to imprisonment
of more than three (3) years
SEVEN (7) PRISONS AND PENAL FARMS IN THE
PHILIPPINES
I. SAN RAMON PRISON AND PENAL FARM
▪ was established in Southern Zamboanga on 21
August 1869.
▪ was established during the tenure of Governor
General Ramon Blanco, whose patrol saint the prison
was named after.
▪ was established originally for persons convicted of
political crimes
▪ Considered the oldest penal facility in the Philippines.
▪ 1,546 hectares
▪ copra, rice, corn, coffee, cattle and livestock
II. IWAHIG PENAL COLONY
▪ established on 16 November 1904 in Puerto Princesa
City, Palawan.
▪ originally served as a depository for prisoners who
could not be accommodated at the Old Bilibid Prison
in Manila
▪ classified as a penal institution in 1907 by virtue of
Act No 1723.
▪ four subcolonies; Sta Lucia, Inagawan, Montible and
Central ; privilege – families to live with the colonists
III. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
▪ created by virtue of Act No 3579 enacted on
November 1929.
▪ located at Welfareville, Mandaluyong City
▪ established to accommodate female prisoners
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▪ the female prisoners from the Old BIlibid Prison were
transferred to CIW on 14 February 1931.
IV. DAVAO PRISON AND PENAL FARM
▪ the first penal settlement founded and organized
under Filipino Administration
▪ established in 21 January 1932 by virtue of Act No
3732
▪ located in the districts of Panabo and Tagum in
Davao del Norte.
V. NEW BILIBID PRISON
▪ originally was located in Manila before it was
transferred to Muntinlupa City in 1935
▪ officially named the New Bilibid Prison on 22 January
1941
▪ has three security facilities/camps:
✓ maximum security
✓ medium security
✓ minimum security
VI. SABLAYAN PRISON AND PENAL FARM
▪ established on 27 September 1954 by virtue of
Presidential Proclamation No 72
▪ located in Occidental Mindoro
▪ the facility where prisoners from the New Bilibid
Prison are brought for decongestion purposes
VII. LEYTE REGIONAL PRISON
▪ was established in 16 January 1973 by virtue of
Presidential Decree No 28
▪ situated in Abuyog, Southern Leyte
▪ admits convicted offenders from Region 6 and from
the national penitentiary in Muntinlupa
2. PROVINCIAL JAILS – jails for the safekeeping of
prisoners at the capital of each province. It shall be under
the supervision and control of the provincial governors.
3. BUREAU OF JAIL MANAGEMENT AND PENOLOGY
(BJMP) – created by virtue of Republic Act 6975, exercises
supervision and control over all district, city and municipal
jail nationwide. Formally established on January 2, 1991.
DIFFERENCE BETWEEN:
DETENTION PRISONERS – those held for security reasons,
investigation, those awaiting or undergoing trial and
awaiting judgment
SENTENCED PRISONERS – those convicted by final
judgment and are serving their sentence
CLASSIFICATION OF PRISONERS
1. Detention Prisoners
▪ Persons held for security reasons
▪ Persons held for investigation
▪ Persons waiting for final judgment
▪ Persons waiting for trial
2. Sentenced Prisoners – prisoners who convicted by
judgment by competent court.
✓ Municipal Jail Prisoner – sentenced to serve a
prison term for 1 day to 6 months.
✓ City Jail Prisoner – sentenced to serve
imprisonment for 1 day to 3 years
✓ Provincial Jail – sentenced to 6 months one day to
3 years
✓ National or insular Prisoners – Sentenced to 3
years 1 day to Reclusion Perpetua or Life
Imprisonment.
PRISON
▪ derived from the Spanish word, “presidio”
▪ under the supervision of the national government
through the Bureau of Corrections under the
Department of Justice
▪ has custody over convicted offenders whose sentence
is imprisonment of three years and one day and above
JAIL
▪ derived from the Spanish words, “jaula” and “caula”
▪ under the supervision of the local government through
either the Office of the Provincial Governor or Bureau
of Jail Management and Penology, both under the
Department of the Interior and Local Government
▪ has custody over convicted offenders whose sentence
is imprisonment of three years or less
▪ has custody over offenders who are in detention while
undergoing investigation, undergoing trial andawaiting
judgment
TYPES OF JAILS:
a. Lock-up - a security facility, common in police stations
or precincts in urban areas (cities) for temporarily detaining
those persons being held for investigation or waiting
hearing of their criminal cases.
b. Ordinary Jail - the type of jail commonly found in every
municipality or city; houses offenders awaiting court trial
and those convicted offenders who are serving their
sentence of imprisonment that does not exceed 3 years;
place where juvenile offenders and the mentally insane
people are usually detained while their transfer to other
institutions are pending.
c. Work House, Jail Farm or Camp - a facility that houses
minimum custody offenders who are serving short
sentences; inmates undergo constructive work programs;
provides full employment of prisoners, remedial services
and constructive leisure time activities.
FORMS OF PUNISHMENT
a. Death penalty – capital punishment
b. Imprisonment – Destierro
c. Fine or compensation
d. Civic duties
DURATION OF PENALTIES
a. RECLUSION PERPETUA
b. RECLUSION TEMPORAL
c. PRISION MAYOR
d. PRISION CORRECTIONAL
e. ARRESTO MAYOR
f. ARRESTO MENOR
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THE DEATH PENALTY ▪ Generally, applied to death sentences already

CAPITAL OFFENSE or HEINOUS CRIME is an affirmed by the Supreme Court
act,
which under the existing law at the time of its commission,may COMMUTATION OF SENTENCE
be punished by death (although a lower penalty thandeath ▪ an act of clemency by which a heavier or longer
may be imposed after conviction). Death penalty was re- sentence is reduced to a lighter or shorter term
imposed as a form of punishment for heinous crimeby virtue ▪ refers to the reduction of the duration of a prison
of RA 7659, otherwise called the Death Penalty Law sentence
approved in January 2, 1994. When RA 8177 (The Lethal ▪ another prerogative of the President
Injection Law) was enacted, the execution of deathpenalty
was changed from electrocution to lethal injection. AMNESTY
▪ a special form of pardon exercised by the President
NOTE: RA 9346 – ANTI DEATH PENALTY LAW ▪ a general pardon extended to a certain class of people
who are usually political offenders
▪ needs the concurrence or approval of Congress
NON-INSTITUTIONAL CORRECTIONS
PAROLE
1. BOARD OF PARDONS AND PAROLE
▪ a procedure by which prisoners are selected for
▪ grants parole and recommend to the President the
release on the basis of individual response and
grant of any form of executive clemency to
progress within the correctional institution and a
deserving prisoners or individuals
service by which they are provided with necessary
▪ reviews reports submitted by the Parole and
control and guidance as they serve the remainder of
Probation Administration and make necessary
their sentence within the community
decisions
▪ provided by Act No 4103, the Indeterminate Sentence
▪ a functional unit under the Department of Justice
Law, which took effect on 5 December 1933.
2. PAROLE AND PROBATION ADMINISTRATION
PROBATION
▪ originally called Probation Administration and was
▪ disposition under which a defendant after conviction
created by virtue of PD 968 of 1976 to administer
and sentence, isS released subject to conditions
the probation system
imposed by the court and under the supervision of a
▪ was renamed Parole and Probation Administration
probation officer
by EO No 292
▪ It is a privilege granted by the court to a person
▪ given the added function of supervising prisoners
convicted of a criminal offense to remain in the
who, after serving part of their sentence in jails or
community instead of actually going to prison.
prisons, are released on parole with parole
▪ provided by Presidential Decree No 968, the
conditions
Probation Law of 1976
▪ an attached agency to the Department of Justice
FIFTH PILLAR: COMMUNITY
EXECUTIVE CLEMENCY
Community – represent the entire people cohesively
The collective term for absolute pardon, conditional
organized and mobilized in synchronized energy with the
pardon, reprieve and commutation of sentence.
government to help in the decision making and
participatory criminal justice administration involvement to
PARDON - is a form of executive clemency granted by the
effectively address the law and order concern of the
President as a privilege extended to convicts as a
society and its people
discretionary act of grace.
The Community also consists of the existing social institutions
TWO (2) KINDS OF PARDON
such as the family, school, church, mass media, and
1. ABSOLUTE PARDON – refers to the total extinction of
NGOs.
the criminal liability of the individual to whom it is granted
without any condition whatsoever and restores to the
KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)
individual his civil rights and remits the penalty imposed for
refers to justice administered in the Barangay level or
the offender
the system of amicably settling disputes among families in
2. CONDITIONAL PARDON – refers to an exemption of
Barangay levels without judicial recourse.
an individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has
PD 1293 – the law “Creating a Katarungang Pambarangay
committed resulting in the partial extinction of his criminal
Commission to Study the Feasibility of Resolving Disputes
liability
at the Barangay Level” - promulgated on 27 January 1978
REPRIEVE
PD 1508 – the law “Establishing a System of Amicably
▪ The temporary stay of the execution of a sentence,
Settling Disputes at the Barangay Level”
usually a death sentence
▪ Another prerogative exercised by the president
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RA 7160 – otherwise known 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
withinthe barangay level. It is also referred to as
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).
▪ Any resident of the barangay of reputable
character may be appointed as member of the
Lupon. Members of the Lupon shall be appointed
by the Barangay Chairman.
▪ The Lupon shall be constituted every three years.
▪ A Lupon member shall serve for a period of three
years.
▪ Essentially, the Lupon must provide a forum for
matters relevant to the amicable settlement of
disputes for the speedy resolution of disputes.
PANGKAT TAGAPAGKASUNDO
▪ It shall act 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.
▪ The members of the Pangkat shall be chosen by
the parties of the dispute from among the Lupon
members. In case of disagreement, the
BarangayChairman shall draw lots.
Matters that fall under the jurisdiction of the Lupon:
▪ those involving offenses that are punishable by the
imprisonment of one year and below, or a fine in the
12 TOPRANK REVIEW ACADEMY - CRIMINOLOGY
amount of five thousand pesos and below;
▪ those involving parties that actually reside or work
inthe same barangay;
▪ those involving marital and family disputes;
▪ those involving minor disputes between neighbors;
▪ those involving real properties located in the
barangay;
VENUE FOR AMICABLE SETTLEMENT
1. disputes between persons actually residing in the
same barangay shall be brought for amicable
settlement before the Lupon of said barangay;
2. those involving actual residents of different
barangays within the same city or municipality shall
be brought in the barangay where the respondent
actually resides;
3. all disputes involving real property or any interest shall
be brought in the barangay where the realproperty or the
larger portion is situated;
4. those arising at the workplace where the
contending parties are employed or at the
institution where suchparties are enrolled for study
shall be brought in the barangay where such
workplace or institution is located.
PROCEDURE FOR AMICABLE SETTLEMENT
Any individual who has a cause of action against
another individual involving any matter within the
authorityof the Lupon may complain, orally or in writing,
to the Lupon.
COMPLAINANT – the person who filed 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
MEDIATION OR CONCILIATION – the process whereby
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disputants are persuaded by the Punong Barangay or

Pangkat to amicably settle their disputes.

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