REVIEW CENTER

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

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

Crime - is an act or omission in punishable by law forbidding or commanding it.

Crime can be committed in two ways:

1. Commission
2. Omission

Criminal - is a person who has confessed to or had been convicted by a court of the violation of a criminal law.
A person who committed a crime, arrested, prosecuted, and finally convicted and sent to prison.

Justice - In the broadest sense, it consists of human relations in accordance with the general principles
impartially applied. It is the observance of one’s right.

A. Essence of Justice

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.

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.
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

Mortimer J. Adler’s two precepts as indicating the true essence of justice.

1. “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.

2. “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.

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.

Justice:
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.

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. 
Prepared by: Benjamin O. Dulipas MS Crim 2
Reviewer, CJS

II. The meaning of Criminal Justice System

It is the process of linking the five pillars of the Criminal Justice System, the police, the prosecution, the court,
the correction, and the community together as the achieve an interrelated scheme of reciprocal responsibility in
the approach to community development.

It is the machinery that the society uses in the prevention and control of crime. The totality of the activities of
law enforces prosecutors, defense lawyers, judges and corrections personnel as well as those of the mobilized
community in the crime prevention.

Basically, Criminal Justice System is based in the American context, it is initially made up of three components,
which are:
a. Police- one who initiates the criminal justice system process by the arrest of criminal.
b. Courts- one that conducts the trial and impose the penalty found guilty; and
c. Corrections- where the criminal is remanded to prison not as a form of punishment but for correction and
rehabilitation.

III. The Philippine Criminal Justice System

The Philippines considers its criminal justice system as a conglomerate of five (5) vital components commonly
referred to as the five (5) pillars of the Criminal Justice System, namely: the police or law enforcement, the
prosecution, courts, corrections and the community.
The five (5) parts of the CJS are by no means independent of each other. What each does and how it does it has
direct effect on the work of the others. Hence, in order to attain and meet the goals or objectives of the system
of the system, each pillar must function efficiently because the failure of one means the failure of the entire
system.

IV. The main objectives of Criminal Justice System:

The main objective of the Criminal Justice System is justice to all and elimination of crime to our society.

V. The three-fold purpose of the Criminal Justice System

1. It removes dangerous people from the community.
2. It deter others from doing criminal behavior and
3. Gives society an opportunity to transform lawbreakers into law-abiding citizens.

VI. Major Components of the CJS and their functions

1. Law Enforcement- maintains order and enforces the criminal law.
2. Prosecution - presents the government’s case from the time of the defendants arrest through conviction and
sentencing in the criminal court.
3. Courts - determine the guilt or innocence of those offenders brought before it and expects to convict and
sentence those found guilty of crimes while insuring that the innocent are freed with out any consequence or
burden.
4. Corrections- ordinarily represent the post- adjudicating care given to offenders when a 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 sent back to the society.

VII. The processes in the Criminal Justice System

1. The law enforcement maintains peace and order and enforces the criminal law.
2. The police are also responsible for gathering evidence and arresting the law breaker.
3. The prosecutor is responsible for evaluating the evidence the police have gathered and decide whether it is
sufficient to warrant filing charges against the alleged accused.
4. The defense lawyer, whether privately retained or provided by the government, are responsible for defending
the accused.
5. The judge at the end of the trial renders decision.
6. The probation officer conducts pre-sentence investigation which judges will make use of in the determination
of sentence, and also provides supervision to convicted offender placed on probation.
7. The offender, if convicted and sentenced, the prison system received and keeps them until the parole board
grants them parole or they have completed their sentence.
8. Finally, the parole department assists the released prisoners in their return to the community.
9. The community participates in the rehabilitation of the accused ones he is sent back into the mainstream of
the society.

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Reviewer, CJS
VIII. The System and the Process (Major steps and decision stages)
The System Major Steps and Decision Stages

1. Law Enforcement 1. Complaint

2. Investigation
3. Arrest
4. Custody
2. Prosecution 5. Complaint
6. Preliminary Investigation /Inquest
7. Information/Indictment
8. Bail/ Detention
9. Arraignment
10. Plea- Bargaining

3. Court 11. Adjudication/ Trial

12. Disposition/ Verdict/ Judgment/ Decision/Sentence
13. Post- Conviction remedies /appeal

4. Correction 14. Probation

15. Incarceration
16. Release
a. Service of Sentence
b. Parole
c. Pardon
5. Community 17. Community Supervision

IX. The five (5) Pillars of the Philippine Criminal Justice System

1. THE POLICE OR LAW ENFORCEMENT PILLAR

The Police stand at the forefront of the Criminal Justice System. Law Enforcement is deterrent and preventive
activity. It consists of patrolling to supervise conduct, investigating the identity of offenders and/ or 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 all aimed towards the prevention of crime and
disorder, preservation of peace and the protection of life, properties and individual freedom.

In the Philippines, the Philippine National Police (PNP), under the Department of Interior and Local
Government (DILG) and the National Bureau of Investigation (NBI) under the Department of Justice (DOJ)
spearhead the law enforcement function

Philippine National Police

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.
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.

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Reviewer, CJS
ARREST
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:

2. THE PROSECUTION PILLAR

It is the process or method whereby accusations are brought before the court of justice to determine the
innocence or guilt of the accused.

The Role of the Prosecutor

1. Serving as the lawyer of state/government in criminal cases, the prosecutor is automatically considered an
officer of the court , at the same time, He is formally a member of the Department of Justice , under the
executive branch of the Government, and thus independent from the judiciary. Since prosecution in criminal
cases is initiated on behalf of the people (The State vs. the accused) rather that on behalf of the individual
agencies.
2. The prosecution service is made up of the Provincial and City Prosecutors, Chief State prosecutor, asst.
City/Provincial/State Prosecutor etc.
Function:
1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual
persons.
2. File corresponding INFORMATIONS OR CRIMINAL COMPLAINTS in the proper courts on the basis of
their evaluation of the proofs at hand; and
3. Prosecute the alleged offenders in court, in the name of the Philippines.
Attorneys in Private Practice should be deemed a part of the CJS component. They represent the parties
(complainant or respondent) in proceedings before the Public Prosecutors. So also, public defenders such as
PAO and other legal aid lawyers (IBP, FLAG)

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Reviewer, CJS
Prosecutorial Discretion
The prosecutor, like the police has wide latitude in the exercise of discretion. In fact, in most cases, the
prosecutor has absolute, unrestricted discretion in the performance of duty.
In the day- to- day decision- making process, the prosecutor make decisions relatively free of control, although
they may be influenced by the desires and opinions of the public, the police and other government officials.

Prosecutorial discretion typically enters the picture immediately after the arrest, when the police investigative
reports are forwarded to the prosecutor for review. The prosecutor screens and evaluates the document in order
to decide whether to accept or reject the case for prosecution. The prosecution therefore should not go forward
unless sufficient evidence exists against the accused to promise a conviction, and thus justify the government
expense and the defendant’s distress.

A prosecuting attorney, by the nature of his office, is under no compulsion to file a particular Criminal
Information where he is not convinced that he has evidence to back up its averments or that the evidence at
hand points to a difference.

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. 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.

Consequently, even after prosecution has commenced by virtue of the defendant’s initial appearance, the
prosecutor may subsequently decide to drop all charges, discontinue prosecution, and seek a dismissal under the
following circumstances:
1. When the prosecutor becomes aware of the factors that make prosecution inadvisable; and
2. When the prosecutor has not had the opportunity or the mechanism for screening cases to the first
arraignment.

The aforementioned actions by the prosecutor can only be possible through the NOLLE (Nolle Prosequi)

*A NOLLE is a request made by the prosecutor to the court for approval to terminate further criminal
prosecution against a suspect.

Prosecution of Offenses
Criminal actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required, by filing the complaint with the office of the
provincial or city prosecutor and their assistants, judges of the municipal trial courts and municipal circuit trial
courts, national and regional state prosecutors; and
b. For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts or the complaint on the office of the Prosecutor. In Manila and other Chartered
Cities, the complaint should be filed with the office of the prosecutor.

Note: A preliminary investigation is required to be conducted before the filing of a complaint or information
with the court 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 the fine.

Complaint, defined: is a sworn 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.

Information defined: is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.

Sufficiency of a complaint or Information

1. Name of the accused
2. Designation of the offense
3. Cause of the accusation
4. Place of commission of the offense
5. Date of commission of the offense
6. Name of the offended party

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Reviewer, CJS
PRELIMINARY INVESTIGATION
It is an inquiry or proceeding for the purpose of determining whether there is 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.
Under PD 911, which took effect on March 23, 1976, only the Provincial Fiscal or Chief State prosecutor shall
approve the filing of complaint/information in court or dismiss a case investigated by an assistant fiscal or
prosecutor. The following may conduct preliminary investigation:
a. Provincial or City prosecutors and their assistants
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
c. National and Regional State Prosecutors
d. Other officers authorized by law such as Graft Investigator Officers and Special Prosecution Officers of the
Officer of the Ombudsman.

Procedure:
1. Upon submission of the complaint and affidavits of the complainant and witnesses as well as the supporting
documents to establish a probable cause. They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or
government official authorized to administer oath.
2. Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he
finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy
of the complaint and its supporting affidavits and documents.
3. Within ten (10) days from receipt of the subpoena; with the complaint and supporting affidavits and
documents, the respondent shall submit his counter- affidavits and that of his witnesses and other supporting
documents relied upon for his defense.
4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter- affidavits within ten (10)
day period, the investigating officer shall resolve the complaint based on the evidence presented by the
complainant.
5. Within ten (10) days after the investigation, the investigating officer shall determine whether or not here is
sufficient ground to hold the respondent for trial.
6. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
RESOLUTION and INFORMATION. He shall certify under oath in the information personally examined the
complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and
the accused is probably guilty thereof.
7. Within five(5) days from his resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or the Ombudsman or his deputy in cases cognizable by the
Sandiganbayan.They shall act on the resolution with in ten (10) days from their receipt thereof and shall
immediately inform the parties of such action.

No complaint may be filed or dismissed by an investigating prosecutor with out the prior written authority or
approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.

Where the investigating prosecutor recommends the dismissal of the complaint by his recommendation is
disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy or
the ground that probable cause exist, the latter may, by himself, file the information against the respondent or
direct another assistant prosecutor or state prosecutor to do so with out conducting another preliminary
investigation.

PD 911 also empowers the secretary of justice to review resolutions of provincial fiscals or the chief state
prosecutor without requiring another preliminary investigation.

If the secretary believes that the person charged is not probably guilty of the crime. He can order the assistant
fiscal or state prosecutor to move for the dismissal of the case. Similarly, he can order the filing of the proper
information if he believes that the person charged is probably guilty of the offense.

Resolution of investigating Judge

1. Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution
of the case to the provincial or city prosecutor, or the Ombudsman or his deputy in cases of offenses cognizable
by the SandiganBayan. The resolution shall state the findings of facts and the law supporting his action,
together with the record of the case which shall include:
a. the warrant, if the arrest is by virtue of a warrant
b. the affidavit , counter- affidavits and other supporting evidence of the parties.
c. The undertaking or bail of the accused and the order of his release.

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Reviewer, CJS
d. The transcripts of the proceedings during preliminary investigation
e. The order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his
deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable
cause.

When Warrant of Arrest may issue-

(a) By the Regional Trial Court- The judge is mandated, with in ten (10) days from the filing of complaint or
information, to personally evaluate first the resolution of the prosecutor and its supporting evidence. If he finds
probable cause, he shall issue a warrant of arrest or commitment order if the accused already been arrested
pursuant to a warrant issued by the judge who conducted the preliminary investigation or the accused is arrested
lawfully with out warrant. In case of doubt of the existence of probable cause the judge may order the
prosecutor to present additional evidence within five (5) days for notice and the court must resolve the issue
within thirty (30) days from the filing of complaint or information.

(b) By the Municipal Trial Court- In cases falling under the original jurisdiction of the Municipal Trial courts,
Municipal Circuit Trial Courts (violation of municipal ordinances and offenses punishable by imprisonment for
not more not six (6) years) where a preliminary investigation is conducted by the judge himself because the
penalty is at least four (4) years, two (2) months and one (1) day, he shall issue a warrant of arrest if his findings
and recommendations are affirmed the provincial prosecutor or city prosecutor or by the Ombudsman or his
deputy.

Before the complaint or information is filed, the person arrested may ask for preliminary investigation in
accordance with the rule, but he must sign a waiver of the provisions of Article 125 (Delay in the delivery of
Detained persons to Proper Judicial Authorities) of the Revised Penal Code in the presence of his counsel.
After filing of complaint or information in court without preliminary investigation, the accused may, within five
(5) days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense.

INQUEST
Inquest is an informal 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 be charged in court.

Commencement of Inquest= Upon receipt by the inquest officer from the law enforcement authorities of the
documents which include:
1. Affidavit of Arrest
2. The investigation report
3. The statement of the complainant and witnesses
4. Other supporting evidences gathered by the police in the course of the latter’s investigation of the criminal
incident involving the arrested or detained person.

Inquest procedure:
Reception of:
1. The affidavit of arrest
2. The investigation report
3. Statement of complainant
4. Other supporting materials

If finding NOT PROPER for inquest:

1. Recommend the release of the person arrested/detained
2. Note down the disposition on the referral document.
3. Prepare brief memorandum indicating the results for the action taken.
4. Forward the same together with the record of the case, to the Chairman of the Task force/City or Provincial
Prosecutor for appropriate action.

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Reviewer, CJS
If PROPER for inquest and the respondent avails of the preliminary investigation;
a. Respondent executes the waiver of the provisions of the Art. 125 of the RPC with the assistance of his
counsel.
b. The prosecutor forwards the case to the City or Provincial Prosecutor for preliminary investigation.
c. Not withstanding such waiver, respondent may apply or bail.

Note: Preliminary investigation shall be terminated within fifteen (15) days from its inception. If PROPER, but
respondent does not execute waiver, Prosecutor shall proceed with the inquest by examining the affidavit/sworn
statement of complainant, witnesses and other supporting evidence presented.

If there is PROBABLE CAUSE

1. Recommend the filing of the corresponding complaint/information in court.
2. Forward the records of the case with the complaint to the city/Provincial Prosecutor for appropriate action.

If there is NO Probable Cause

1. Recommend the release of the arrested or detained person
2. Note down the disposition of the case on the referral document.
a. Prepare a brief memorandum indicating reasons for the action taken.
b. Forward the records of the case to the Provincial or City Prosecutor.

Note: The order of release should be approved by the City or Provincial prosecutor.
Termination of Inquest - the inquest proceedings must be terminated within the period prescribed under the
provisions of Art. 125 of the RPC.

ARRAIGNMENT
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 his lawyer, the prosecutor in which the accused is to announced
his plea.

The arraignment shall be made in open court, reading the information in a language or dialect know to him, and
asking him whether he pleads guilty of not guilty.
When the accused refuses to plead or makes conditional plea, a plea of not guilty shall be entered for him.

After arraignment but before trial, the accused may still be allowed to plead guilty to a lesser offense after
withdrawing his plea of not guilty.

Plea of guilty to a Lesser Offense- The accused with the consent of the offended party and the prosecutor may
be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense
charged.

“The accused may plead guilty to a lesser offense only with the consent of the offended party and the prosecutor
to a lesser offense which is included in the offense charged. So, if the offense charged is murder, the accused
may be allowed to enter a plea of guilty to the offense of homicide which is necessarily included in murder.

PLEA BARGAINING
It can be defined as the process of discussion or negotiation of an agreement between the prosecution and the
defense whereby the defendant pleads guilty to a lesser offense or (in the case of multiple offenses) to one or
more of the offenses charged, in exchange for more lenient sentencing, recommendations, a specific sentence,
or a dismissal of other charges. Supporters claim, plea bargaining speeds court proceedings and guarantees a
conviction; opponents believe it prevents justice from being served.

Characteristics:
1. Plea bargaining is typically an informal, off- the- the record process controlled by the prosecutor and defense
counsel, without participation by the court or the accused.

2. There are no formal rules to guide the lawyers in arriving at a plea bargain that is mutually satisfactory, fair
to the defendant, acceptable to the court and in the best interest of the public.

3. Neither lawyer has much knowledge of the legal strength of the other’s case. Hence, both has to bargain in
the dark.

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Reviewer, CJS
4. The plea bargain is negotiated without the pre-sentence reports by the probation officers that are essential to
informed sentencing and the protection of society.

5. Plea bargaining is held almost at random, whenever and wherever opposing counsel happen to talk to each
other. Bargaining may begin immediately after the arrest and may continue after the trial has begun.

6. No record is made of the concessions or promises made by the prosecutor, the conditions that may have been
attached to the government’s offer, the defendant’s acceptance of the deal or the court’s willingness to abide by
the prosecutor’s recommendation.

7. Plea Bargaining is characteristically invisible, without procedural regularity, needlessly prolonged,

inefficiently administered and unjust.

The core of criticism on plea bargaining is that there seems to be something in it for everyone – defendant,
prosecutor, defense counsel, courts, jail and prison administrators- except the police, the victim and the
community. It appears that there seems to be something deeply disturbing the system in which participating
lawyers avoids the due process in favor of personal interest and administrative convenience.

The Prosecutor’s Incentive to Plea- Bargain

The prosecutor relies on plea bargaining for three primary reasons:
1. Efficiency
2. Legally weak cases
3. Effectiveness

Defense Counsel’s Incentive to Plea Bargain

There are three (3) types of legal presentation available to criminal defendant’s:
1. Lawyers who are hired by the defendants as private counsel.
2. A public defender for indigent defendants given free by the government; and
3. Court- assigned counsel

Advantages of Plea- Bargaining for the CJS

1. Plea bargaining allows the courts to control overcrowded dockets to reduce court backlogs to provided
speedy justice.
2. Plea bargaining allows the fiscal to secure convictions in “bad arrest” and other legally weak cases where
offender would otherwise be released.
3. In the over- all picture, plea bargaining acts in the best interest of society rather than on behalf of the victim
by facilitating convictions thereby taking the criminal off the street.
4. In some cases, such as rape, plea bargaining saves victim from humiliation and trauma because there is no
more public trial.
5. In plea bargaining, there is no more trial. The decision is final there is no appeal.
6. Without extensive reliance on plea bargaining to dispose of cases; the entire administration of Criminal
justice may collapse. The number of judicial personnel has not keep peace with the increasing workload caused
by the enactment of new criminal laws
7. The funds, the facilities and personnel necessary for criminal courts are too inadequate.

3. COURT
The third pillar our Criminal Justice System is the COURT, situated between Prosecution and Correction. The
court is the centerpiece of the five (5) pillars, as such; it performs perhaps the most important role in the
administration of justice because it is the court that everyone turns to for justice. It is impossible 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 the criminal justice system.

A court is a body to which the public administration of justice is delegated being a tribunal officially assembled
under the authority of law at the appropriate time and place for the administration of justice. A time when, a
place where and persons by whom judicial functions are to be exercised are essential to complete a court, in
contemplation of law.

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.

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Reviewer, CJS

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 composed it. A judge alone does not necessarily constitute a court for while he is an indispensable
part, he is only a part of the court.

Others in the courtroom work group

Court Administrators: these government employees are usually appointed by a state court of last resort to act as
a statewide court administrator.

Court Clerks: They are responsible in maintaining the court’s records, preparing daily calendars, calling cases
before the judge, controlling evidence in court, and collecting fines and court costs.

Bailiffs: Perform a variety of duties including maintaining order in the court, announcing judge entry into
the court room, calling witnesses, controlling defendants, and supervising juries.

Court reporters: Sometimes referred to as court stenographers, these people report everything said in
court.

Witnesses: Either lay or expert, the lay witness testifies in court about something he observed in a crime.
An Expert witness one provides the court with information on a special topic relevant to evidence presented in
court.

In the Criminal Justice system, the court is looked upon as:

1. The final arbiter for justice
2. The front line defender of democracy, freedom and human dignity
3. The only institution capable of identifying ad maintaining the proper balance between the conflicting rights
of the individual and those of the state and society.
4. It is to the courts that everyone turn for justice.

II. Basic Court System in the Philippines:

Supreme Court

COURT OF APPEALS SANDIGANBAYAN

COURT OF TAX REGIONAL TRIAL SHARI’A DISTRICT

APPEALS COURTS COURTS

MUNICIPAL MUNICIPAL MUNICIPAL METROPOLITA SHARI’A

TRIAL COURTS TRIAL COURTS CIRCUIT TRIAL N TRIAL CIRCUIT
IN CITIES COURTS COURTS COURTS

A. FIRST LEVEL COURTS

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

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Prepared by: Benjamin O. Dulipas MS Crim 11
Reviewer, CJS
A metropolitan Trial Court is created in each metropolitan area established by law. A municipal Circuit Trial
Court is established in each area defined as a municipal circuit comprising of two or more cities and /or more
municipalities that are not comprised within a metropolitan area and a municipal circuit.

B. SECOND LEVEL COURTS

At the second level are Regional Trial Courts (RTC’s). Like the first level courts, RTC’s are also 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 are not otherwise within the jurisdiction of courts of first level. RTC’s
also exercise appellate jurisdiction to review cases appealed from lower courts.

C. THIRD LEVEL COURTS

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 RTC 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.

D. FOURTH LEVEL COURT

The Supreme Court, It is the highest court of the land. It is a review court. It is the Court of the last resort, for
no appeals lies from its judgments and final orders. In the context of the Integrated Judicial System, it exercises
Appellate Jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts.

Appeals in the Supreme Court are never a matter of right. The only exception is when the penalty of death,
reclusion Perpetua, or Life Imprisonment have been imposed by the either RTC or CA; indeed, when the death
penalty is imposed, the case automatically goes up to the Supreme Court for review, even if the accused does
not appeal.

JURISDICTION
Jurisdiction is the authority to hear and the right to act in a case. It is the power of the judges to administer
justice, that is, to try and decide the cases in accordance with the laws.

In order for a court to have authority to have a particular case , it must have jurisdiction of the following:
1. The offense is one which he court is by law authorized to take cognizance thereof:
2. The offense have been committed within its territorial jurisdiction.
3. 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.

Jurisdiction of Courts maybe:

(a) General- is the authority of a court over cases in general. It is the authority to decide all disputes which may
come before it, except those assigned to other courts.

(b) Exclusive- is the authority of a court to take cognizance of a case to the exclusion of all other courts.

(c) Concurrent – is the authority granted to two or more courts to take cognizance of particular cases.

(d) Limited or Special- is the authority of the court over specific cases expressly enumerated by law.

(e) Criminal- is the authority to decide punishment for a crime.

(f) Civil-that exist when the subject matter is not of a criminal offense.

(g) Appellate- when it can take case already heard and decided by a lower court.

Test of Jurisdiction:
Criminal Cases; the test of jurisdiction is the principal penalty.
Civil Cases: the basis of jurisdiction is the amount claimed in the complaint.

STAGES IN COURT PROCEEDINGS

a. Arraignment

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Reviewer, CJS
b. Pre- Trial
In criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court and
Municipal Trial Courts, the court shall after arraignment and within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or
circulars of the Supreme Court, order a pre- trial conference to consider the following:
1. Plea bargaining
2. Stipulation of facts
3. Marking of evidences of the parties
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if the accused admits the charge but interposes a lawful defense.
6. Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

c. 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. The word trial as used in the consitution includes hearing,
reception of evidence and other processes, such as decision in the first instance, appeals, and final and executory
decision in the final instance.

Order of Trial
(a) The prosecution shall present evidence to prove the charge and , in the proper Case, the civil liability.
(b)The accused may present evidence to prove his defense and damages, if any, arising form the issuance of the
provisional remedy in the case.
(c)The prosecution and the defense may, in that order, present rebuttal evidence and sur- rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main
issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the
court directs them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful
defense, the order of trial may be modified.

d. Promulgation of Judgment
The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it
was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence
of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be
promulgated by the clerk of court.

Judgment- defined as the adjudication by the court that the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and civil liability provided by law on the accused.

e. New Trial or Reconsideration

At anytime before a judgment of conviction becomes final, the court may, on motion of the accused or at its
own instance but with the consent of the accused, grant a new trial or reconsideration.

Grounds for a New Trial

a. That errors of law irregularities prejudicial to the substantial rights of the accused have been committed
during the trial

b. That new and material evidence has been discovered which the accused could not with reasonable diligence
have delivered and produced at the trial and which if introduced and admitted would probably change the
judgment.

f. Appeal
Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.

Where to Appeal
a. To the Regional Trial court , in cases decided by the Metropolitan Trial Court,Municipal Trial Court,
Municipal Trial Court in cities, Municipal Circuit Trial Court;

b. To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by
the Regional Trial Court.

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Reviewer, CJS
c. To the Supreme Court, in cases decided by the Court of Appeals.

4. CORRECTIONS
The corrections pillar undertakes the reformation and rehabilitation of offenders for their eventual absorption
into the social and economic streams of the community, through institutional or community- bases programs.

The Key agencies responsible for INSTITUTIONAL CORRECTIONS are the following:

1. Bureau of Corrections- under the Department of Justice is responsible for the treatment and rehabilitation of
national prisoners who are serving sentence of more than three (3) years.

*There are seven (7) correctional facilities located all over the country which are under the direct supervision
and control of the Bureau.

They are the following:

1.1 National Penitentiary which is known as the New Bilibid Prison.
It has three(3) security compounds, namely:
a. Maximum Security Camp,
b. Medium Security Camp ( Camp Sampaguita)
c. Minimum Security Camp. (Camp Bukang Liwayway)

1.2 Correctional Institute for Women

The only institution for the confinement and rehabilitation of female offenders. It is administered by a Penal
Superintendent.

1.3 Prisons and penal farms

1.3.1– Iwahig Prison and Penal Farm in Iwahig, Palawan
1.3.2– Leyte Regional Prison in Abuyog, Leyte.
1.3.3– Sablayan Prison and Penal Farm in Sablayan, Misamis Occ.
1.3.4– San Ramon Prison and Penal Farm in Zamboanga del Sur
1.3.5– Davao Prison and Penal Farm, Davao del Norte.

*These are administered and managed by the Penal Superintendents.

2. The Provincial Jails are administered and supervised by their respective provincial governments. Inmates
who are serving sentence from six (6) months and one (1) day to three(3) years are confined in these jails.

3. Bureau of Jail Management and Penology- under the Department of Interior and Local Government
administer and control Municipal and City jails. The inmates confined in these jails are serving sentence of not
more than six(6) months of imprisonment.

NON- INSTITUTIONAL corrections involve the reformation and treatment of offenders outside correctional
facilities and are community- based. The community –based alternatives to imprisonment do not include pre-
trial diversions which in the Philippine setting take the form of case disposition under the barangay justice
system, release on recognizance, bail, pre- trial conference and imposition of fines. The non- institutional
treatment of offenders are the following:
a. Parole and Probation Administration- Adult Probation (PD 968)- a significant milestone in the Philippine
Criminal Justice System is the institutionalization of the Adult Probation law under the implementation of the
Probation and Parole Administration of the Department of Justice.

b. Board of Pardon and Parole-Parole and Conditional Pardon

Under these forms of release, prisoners who no longer need institutional treatment are released and given the
opportunity to be re- integrated into the community. It is the President of the Philippines who grants
conditional pardon, upon recommendation of the Bureau of Pardon and Parole.

c. Department of Social Welfare and Development- Probation for Youth Offenders

Youth offenders are dealt with in accordance with the provisions of the Child and Youth Welfare Code. This
code provides that “the court shall suspend all further proceedings and shall commit the minor to the custody of
the Department of the Social Welfare and Development or any training institution operated by the government.

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Reviewer, CJS

Justifications of Punishments
a. Retribution – Punishment of the offender was carried out in the form of personal vengeance. Since
retaliatory acts result in the infliction of greater injury, the retaliation was later limited to the degree of injury
inflicted, giving rise to “an eye for an eye” philosophy.

b. Expiation or Atonement – This was in the form of group vengeance, as distinguished from retribution,
where punishment is exacted publicly for the purpose of appeasing the social group. Punishing the offender
gives the community as sense of moral superiority, assurance that virtue id regarded after all.
c. Deterrence or Exemplarity – Punishment gives lesson to the offender by showing to others what would
happen to them if they violate the law.

d. Protection – By placing offenders in prison, society is protected from further criminal depredations of
criminals.

e. Reformation – Society’s interest can best be served by helping the prisoner become a law-abiding citizen
and productive upon his return to the community by requiring him to undergo an intensive program of
rehabilitation in prison.

5. COMMUNITY
The community as one of the component of the Criminal Justice System of the Philippines includes but not
limited to the individuals, private groups and public entities who when performing or are involved in related
criminal justice activities, become part of the system.
Thus , prevention and control of crime is not only the sole duty and responsibility of the government ,
particularly the first fourth components of the Criminal Justice System.

Composition of Community
1. Home- known as the “Cradle of Personality”.
2. School- The strategic position to prevent crime and delinquency. The school exercises authority over every
child who is of school age.
3.Church- Plays an important role in the prevention and control of crime. It is the church of any denomination
which points out the faithful their relationship to God and their fellowmen, and who b work and example, leads
them to live a normal and moral life.
4.Government- The government is the duly constituted authority that enforces the laws of the land and as such it
is most powerful institution as far as control of the people is concerned.
5.Mass Media and Radio Broadcasting- with the modern trends of communication, mass media and radio
broadcast have been and considered the best instruments for information dissemination and the best source of
knowledge for the public. It is through the mass media and radio broadcast where the public opinion were
formed , and that is where their influence lies.

The Role of the Community in the Reformation and Rehabilitation of Offenders.

Apathy among Filipino towards prisoners and ex- prisoners as public enemies should be overcome and replaced
by the belief that the latter are a part of and apart from society. It is, that correctional institutions should enlist
the cooperation of the community in order to succeed in their mission of placing the offender back in society as
a normal social being.

KATARUNGANG PAMBARANGAY -It is the system established by the P.D. 1508 now superseded by
sections 399 to 422 of RA 7160 otherwise known as the Local Government Code of 1991. It promotes and
implements the amicable settlement of disputes at the barangay level before resorting to filing cases in court or
in any other government office.

Only individuals actually residing in the same barangay, city or municipality can be parties to the proceedings.
Corporations, partnerships and other juridical entities are not covered by RA 7160.

Constitution of the Lupon

-The Barangay Chairman shall, within 15 days from the start of his term, prepare a Notice to Constitute a
Lupon, which shall be composed of 10- 20 members. Such notice shall be posted in 3 conspicuous places in the
Barangay continuously for a period of not less than 3 weeks.

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Reviewer, CJS
Taking into consideration any opposition to the proposed appointment of the Lupon Members, the Barangay
Chairman shall within after the notice constitute a Lupon, appoint as members those he determines to be
suitable hereof. Such appoints shall be n writing, singed by the chairman and attested to by the Lupon
Secretary.

Qualifications of Lupon Members

1. Any person actually residing or working in the Barangay.
2. Not otherwise disqualified by law.
3. Possessing integrity, impartiality, independence of mind, sense of fairness and reputation of probity; and
4. Has expressed his willingness to serve as Lupon member.

Pangkat ng Tagapagkasundo or Conciliation Panel

For each dispute brought before the Lupon, a Conciliation Panel is constituted, consisting of 3 members , to be
chosen by the parties to a dispute, from among the 10-20 members of the Lupon. Should the parties fail to
agree on the pangkat members, it shall be determined by the Lupon Chairman. The 3 members constituting the
Pangkat shall elect from among themselves the Chairman and the Secretary.

-The secretary shall prepare the minutes of the proceedings and submit a copy duly attested to by the Chairman
and the Secretary and to the proper City or Municipal Court. He shall issue and cause to be served notices to
the parties concerned.

Functions of the Lupon

1. Exercise administrative supervision over the conciliation panels provided herein;
2. Meet regularly once a month to provide a forum for exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes, and to enable various conciliation panel members to
share with one another their observations and experience in effecting speedy resolution of disputes; and
3. Exercise such other powers and perform such other duties and functions as maybe prescribed by law or
ordinance.

Cases which are not subject matter for Amicable Settlement by the Lupon.
1. Where on party is 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
business.
3. Offenses punishable by imprisonment exceeding one year imprisonment, or a fine exceeding P5,000.00.
4. Offenses where there is no private offended party.
5. Where the disputes involved real property located in different cities or municipalities, unless the parties
thereto agree to submit their differences to amicable by an appropriate Lupon.
6. Disputes involving parties who actually reside in Barangay of different cities and Municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their defenses 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.

Venue of the Lupon

1. Disputes between persons actually residing in the same shall be brought for amicable settlement before the
Lupon of said Barangay.
2. Those involving actual residents of different barangay within the same city or municipality shall be taken
upon in the barangay where the respondent or nay of he respondents actually resides, at the election of the
complainant.
3. All disputes involving real property or ay interest shall be taken up in the barangay where the real property
or the larger portion thereof is situated.
4. Those arising at the workplace where the contending parties are employed or at the institution where such
parties are enrolled for study shall be taken up in barangay where such workplace or institution is located.

Appearance of Parties in Person before the Lupon

In all Katarungang Pambarangay proceedings, the parties must appear in person without the assistance of
counsel or representative, except for minors and the incompetent who may be assisted by their next of kin who
are not a lawyer.

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Reviewer, CJS

Exception to the Rule that Proceedings be Open to the Public

All proceedings for settlement shall be public and informal, provided, however, that the Lupon Chairman or the
Pangkat Chairman, as the case maybe, exclude the public from proceeding in the interest of privacy, decency or
public morals.

Some Offenses Punishable under the Revised Penal Code which are Cognizable by the Lupon.
1. Article 155- Alarms and Scandals
2. Article 175- Use of False
3. Article 178- Concealing One’s true name and other Personal Circumstances.
4. Article 258- other form of Trespass
5. Article 266- Slight Physical Injuries and Maltreatment
6. Article 258- Physical Injuries Committed in a Tumultuous Affray.
7. Article 287- Other Coercion or Unjust Vexation
8. Article 313- Altering Boundaries or Landmarks
9. Article 318- Other deceits
10. Article 328- Special Cases of Malicious Mischief
11. Article 329- Other Mischief
12. Article 358- Slight Slender (Oral Defamation)
13. Article 359- Slander by Deed
14. Article 364- Intriguing Against Honor
15. Article 365, paragraph 4- Imprudence and negligence; and theft or malicious mischief committed or caused
mutually by certain relatives but where there is only civil liability.

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