MODULE 1

Legal Basis

Republic Act No. 6975          

Title: Department of the Interior and Local Government Act of 1990

Declaration of Policy. – It is hereby declared to be the policy of the State to promote peace and order, ensure public safety and further strengthen local
government capability aimed towards the effective delivery of the basic services to the citizenry through the establishment of a highly efficient and
competent police force that is national in scope and civilian in character. Towards this end, the State shall bolster a system of coordination and
cooperation among the citizenry, local executives and the integrated law enforcement and public safety agencies created under this Act.

Organization. – The Department shall consist of the Department Proper, the existing bureaus and offices of the Department of Local Government, the
National Police Commission, the Philippine Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire Protection,
and the Bureau of Jail Management and Penology.

BUREAU OF FIRE PROTECTION

Composition. – The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is hereby created initially consisting of the existing officers and
uniformed members of the fire service of the Integrated National Police as constituted under Presidential Decree No. 765.

Powers and Functions. – The Fire Bureau shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and
other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports,
petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws.

The Fire Bureau shall have the “power to investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor who
has jurisdiction over the case.”

Organization. – The Fire Bureau shall be headed by a chief who shall be assisted by a deputy chief. It shall be composed of provincial offices, district
offices and city or municipal stations.

At the provincial level, there shall be an office of the provincial fire marshal which shall implement the policies, plans and programs of the Department;
and monitor, evaluate and coordinate the operations and activities of the fire service operating units at the city and municipal levels. In the case of large
provinces, district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire marshal: Provided, That, in the case of large cities and
municipalities, a district office with subordinate fire stations headed by a district fire marshal may be organized as necessary.

Establishment of Fire Station. – There shall be established at least one (1) fire station with adequate personnel, firefighting facilities and equipment in
every provincial capital, city and municipality subject to the standards, rules and regulations as may be promulgated by the Department. The local
government unit shall, however, provide the necessary and or site of the station.

Rank Classification. – For purposes of efficient administration, supervision and control, the rank classification of the members of the Fire Bureau shall
be as follows:

- Director - Senior Fire Officer IV

- Chief Superintendent
- Senior Superintendent
- Superintendent
- Chief Inspector
- Senior Inspector
- Inspector
- Senior Fire Officer III
- Senior Fire Officer II
- Senior Fire Officer I
- Fire Officer III
- Fire Officer II
- Fire Officer I

Key Positions. – The head of the Fire Bureau with the rank of director shall have the position title of Chief of the Fire Bureau. He shall be assisted by a
deputy chief with the rank of chief superintendent.

The assistant heads of the Department's regional offices with the rank of senior superintendent shall assume the position title of Assistant Regional
Director for Fire Protection as provided in Section 11 of this Act; the heads of the NCR district offices with the rank of senior superintendent shall
have the position title of District Fire Marshall; the heads of the provincial offices with the rank of superintendent shall be known as Provincial Fire
Marshall; the heads of the district offices with the rank of chief inspector shall have the position title of District Fire Marshall; and the heads of the
municipal or city stations with the rank of senior inspector shall be known as Chief of Municipal/City Fire Station.

THE PHILIPPINE PUBLIC SAFETY COLLEGE

Creation of the Philippine Public Safety College. – There is hereby created the Philippine Public Safety College (PPSC), which shall be the premier
educational institution for the training, human resource development and continuing education of all personnel of the PNP, Fire and Jail Bureaus.

Said College shall be under the direct supervision of a Board of Trustees composed of the Secretary and the three (3) bureau heads.
Composition, Powers and Functions. – The College shall consist of the present Philippine National Police Academy (PNPA) established pursuant to
Section 13 of Presidential Decree No. 1184, the Fire Service Training Center, the Philippine National Training Center (PNTC), the National Police
College, and other special training centers as may be created by the Department, whose functions shall be as follows:

(a) Formulate and implement training programs for the personnel of the Department;
(b) Establish and maintain adequate physical training facilities;
(c) Develop and implement research and development to support educational training programs;
(d) Conduct an assessment of the training needs of all its clientele; and
(e) Perform such other related functions as may be prescribed by the Secretary.

Longevity Pay and Allowances. – Uniformed personnel of the Department shall be entitled to a longevity pay of ten percent (10%) of their basic monthly
salaries for every five (5) years of service, which shall be reckoned from the date of the personnel's original appointment in the AFP, or appointment in the
police, fire jail or other allied services to the integration of the PC and the INP: Provided, That the totality of such longevity pay shall not exceed fifty percent
(50%) of the basic pay. They shall also continue to enjoy the subsistence allowance, quarters allowance, clothing allowance cost of living allowance, hazard
pay, and all other allowances as provided by existing laws.

Permanent Physical Disability. – An officer or non-officer who, having accumulated at least twenty (20) years of active service, incurs total permanent
physical disability in line of duty shall be compulsorily retired: Provided, That, if he has accumulated less than twenty (20) years of active service, he shall be
separated from the service and be entitled to a separation pay equivalent to one and one-fourth (11/4) months base pay for every year of service, or a
fraction thereof, and longevity pay of the permanent grade he holds.

Retirement in the Next Higher Grade. – Uniformed personnel covered under this Act shall, for purposes of retirement pay, be retired in one (1) grade
higher than the permanent grade last held: Provided, That they have served for at least one (1) year of active service in the permanent grade.

Retirement Benefits. – Monthly retirement pay shall be fifty percent (50%) of the base pay and longevity pay of the retired grade in case of twenty (20)
years of active service, increasing by two and one-half percent (2.5%) for every year of active service rendered beyond twenty (20) years to a maximum of
ninety percent (90%) for thirty-six (36) years of active service and over.

Death and Disability Benefits. – A uniformed personnel and/or his heirs shall be entitled to all benefits relative to the death or permanent incapacity of said
personnel, as provided for under this Act, and/or other existing laws.

Exemption from Attachment and Taxes. – All benefits granted by this Act, including benefits received from the Government Service Insurance System,
shall not be subject to attachment, levy, execution or any tax of whatever nature.

Uniformed Personnel Missing in Action. – Any uniformed personnel who while in the performance of duty or by reason of his being an officer or member
of the PNP, Fire or Jail Force, is officially confirmed missing in action, kidnapped or captured by lawless elements shall, while so absent, be entitled to
receive or to have credited to his account the same pay and allowances to which such officer or uniformed member was entitled at the time of the incident:
Provided, That the compulsory retirement of a person missing in action shall be processed to allow the members of the next of kin to enjoy the retirement
benefits: Provided, further, That should the Chief of the PNP, Fire or Jail Force, as the same may be, upon the recommendation of the proper authority
and/or immediate supervisor, subsequently determine that the officer or uniformed member concerned have been absent from duty without authority, such
member or his heirs shall reimburse the PNP, Fire or Jail Force all such amount and allowances received by him in accordance with this section and the
following section.

Payment of Salary and Allowances to the Heirs of Uniformed Personnel. – In case any uniformed personnel has been officially confirmed as missing in
action under any of the circumstances provided in the preceding section, the Chief of the PNP, Fire or Jail Force, as the case may be, shall direct payment
of the absent uniformed personnel's monthly salary and allowances and other emoluments pertinent thereto his/her heirs for their support for a maximum
period of one (1) year from the date of commencement of absent or when last heard from as those kidnapped or captured by lawless elements.

Finding of Death and Termination of Payment of Salary and Allowances. – Upon the termination of the one (1) year period as specified in the preceding
section, the missing uniformed personnel shall be automatically terminated. In the event said personnel shall thereafter be found to have been alive and is
not entitled to the benefits paid under the preceding sections of this Act, said benefits shall be reimbursed to the State within six (6) months from the
discovery of the fact or his reappearance. However, if his continued disappearance was fraudulent or made in bad faith he shall, together with his co-
conspirators, be prosecuted according to law.

Complaints and Grievances. – Uniformed personnel shall have the right to present complaints and grievances to their superiors or commanders and have
them heard and adjudicated as expeditiously as possible in the best interest of the service, with due regard to due process in every case. Such complaints
or grievances shall be resolved at the lowest possible level in the unit of command and the respondent shall have the right to appeal from an adverse
decision to higher authorities.

Prohibitions; Penalties. – As professional police, fire and jail officers and members responsible for the maintenance of peace and order and public safety,
the members and officers of the PNP, Fire or Jail Force are hereby prohibited from engaging in strikes, rallies, demonstrations and other similar concerted
activities, or performing other acts prejudicial to good order and police discipline.

Any PNP, fire or Jail Force member found guilty by final judgment of violating the provisions of the preceding paragraph shall be dismissed from the service
without prejudice to whatever criminal or civil liability he may have incurred in relation to such violations.

Application of Civil Service Laws. – The Civil Service Law and its implementing rules and regulations shall apply to all personnel of the Department.

The provisions of Executive Order No. 262 shall remain valid insofar as they are not inconsistent with the provisions of this Act.
MODULE 1
Legal Basis

Republic Act No. 9263

Title: Bureau of Fire Protection and Bureau of Jail Management and Penology Professionalization Act of 2004

Declaration of Policy and Principles. – It is declared policy of the state to maintain peace and order, protect life, liberty and property, and promote
the general welfare essential for the enjoyment by all the people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution).
It is provided for under Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government Act 1990", that the task of
fire protection, and jail management and penology shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail
Management and Penology (BJMP), respectively.

Organization and Key Positions of the BFP and the BJMP. – The BFP and the BJMP shall be respectively headed by a Chief who shall be assisted by
two (2) deputy chiefs, one (1) for administration and one (1) for operations, all of whom shall be appointed by the President upon recommendation of the
Secretary of the DILG from among the qualified officers with at least the rank of senior superintendent in the service:  Provided, that in no case shall any
officer who has retired or is retirable within six (6) months from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of the
Jail Bureau, as the case may be, Provided, further, that the Chief of the Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed
four (4) years: Provided, however, that in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the Fire Bureau and the Chief of the Jail Bureau,
respectively. The second officers in command of the BFP and the BJMP with the rank of chief superintendent shall have the position title of Deputy Chief
for Administration of the Jail Bureau, respectively. The third officer in command of the BFP and the BJMP with the rank of chief superintendent shall have
the position title of Deputy Chief for Operation of Fire Bureau and Deputy Chief for Operation of the Jail Bureau, respectively. The fourth officers in
command of the BFP and the BJMP with the rank of chief superintendent shall have the respective position title of Chief of Directorial Staff of the Fire
Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be assisted by the directors of the directorates in the respective national headquarters
office with at least the rank of senior superintendent.

The BFP shall establish, operate and maintain their respective regional offices in each of the administrative regions of the country which shall be
respectively headed by a Regional Director for Fire Protection and a Regional Director of Jail Management and Penology with the rank of senior
superintendent. He/She shall be respectively assisted by the following officers with the rank of superintendent: Assistant Regional Director for
Administration, Assistant Regional Director for Operations, and Regional Chief of Directorial Staff.

Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel to the BFP and the BJMP. – No
person shall be appointed as uniformed personnel of the BFP and the BJMP unless he/she possesses the following minimum qualifications:

a) A citizen of the Republic of the Philippines;

b) A person of good moral character;
c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining his/her physical and
mental health;
d) Must possess a baccalaureate degree from recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
f) Must not have been dishonorably discharged of dismissal for cause from previous employment;
g) Must not have been convicted by final judgement of an offense or crime involving moral turpitude;
h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and fifty-seven centimeters
(1.57 m.) for female: Provided, That a waiver for height and age requirement \s shall be automatically granted to applicants
belonging to the cultural communities; and
i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his/her height, age and sex;

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of age: except for this particular provision, the above–
enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be ground for separation or
retirement from the service: Provided, further, That the uniformed personnel who are already in the service upon the effectivity of this Act shall be given
five (5) years to obtain the minimum educational qualification and one (1) year to satisfy the weight requirement.

Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of the BFP and the BJMP shall be effected in the following
manners:

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for Fire Protection and Regional
Director for Jail Management and Penology for the regional office uniformed personnel or by the respective Chief of the Fire
Bureau and Chief of the Jail Bureau for the national headquarters office uniformed personnel, and attested by the Civil Service
Commission (CSC);
b) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire Bureau and Chief of the Jail
Bureau, as recommended by their immediate superiors, and attested by the CSC;
c) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation of the respective Chief of the
Fire Bureau and Chief of the Jail Bureau, with the proper attestation of the CSC; and
d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon recommendation of the Secretary of the
DILG, with the proper endorsement by the Chairman of the CSC.

Lateral Entry of Officer into the BFP and the BJMP. – In general, all original appointments of officers in the Fire Bureau and Jail Bureau shall
commence the rank of fire/jail inspector wherein applicants for lateral entry into the BFP shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemist, architects,
criminologists, certified public accountants, nurses, physical therapists, and dentists, while applicants for lateral entry into the BJMP shall include all those
with highly specialized and technical qualifications such as, but not limited to, social workers, psychologists, teachers, nurses, dentists and engineers.
Doctor of Medicine, members of the Philippine Bar and chaplains shall be appointed to the rank of fire/jail senior inspector in their particular technical
service. Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to the initial rank of fire/jail inspector.

Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed Personnel of the BFP and the BJMP to Key
Positions. -

1) Municipal Fire Marshal. – Should have the rank of senior inspector, who must have finished at least second year
Bachelor of Laws or earned at least twelve (12) units in a master's degree program in public administration,
management, engineering, public safety, criminology or other related discipline from recognized institution of learning,
and must have satisfactory passed the necessary training of career courses for such position as may be established
by the Fire Bureau;
2) City Fire Marshal. - Should the rank of chief of senior inspector, who must have finished at least second year
Bachelor of Laws or earned at least twenty four (24) units in a master's degree program in public administration,
management, engineering, public safety, criminology or other related disciplines from recognized institution of learning,
and must have satisfactory passed the necessary training or career courses for such position as may be established
by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for Administration, Assistant
Regional Director for Operations and Regional Chief of Directorial Staff. – Should have the rank of
superintendent, who must be a graduate of Bachelor of Laws or a holder of a mater's degree in public administration,
management, engineering, public safety, criminology or other related disciplines from recognized institution of learning,
and must have satisfactory passed the necessary training or career courses for such position as may be established
by the Fire Bureau;
4) District Fire Marshal for the National Capital Region, Regional Director for Fire Protection and Director of the
Directorate of the National Headquarters Office. – Should have at least the rank of senior superintendent, who
must be a graduate of Bachelor of Laws or a holder of master's degree in public administration, management,
engineering, public safety, criminology or other related disciplines from a recognized institution of learning, and must
have satisfactory passed the necessary training or career course for such position as may be established by the Fire
Bureau;
5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire Bureau and Chief
Directorial Staff of the Fire Bureau.- Should have the rank of superintendent, who must be a member of the
Philippine Bar or a holder of a master's degree in public administration, management, engineering, public safety,
criminology or other related disciplines from recognized institution of learning, and must have satisfactory passed the
necessary training or career courses for such as may be established by the Fire Bureau; and
6) Chief of the Fire Bureau. – Should have the rank of director, who must be a member of the Philippine Bar or a holder
of a master's degree in public administration, management, engineering, public safety, criminology or other related
discipline from a recognized institution of learning, and must satisfactory passed the necessary training or career
courses for such position as may be established by the Fire Bureau.

Attrition System for the Uniformed Personnel of the BFP and the BJMP:

a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the BJMP who is relieved and assigned
to a position lower than that is established for his/her grade in the respective staffing pattern of the Fire Bureau and the Jail
Bureau, and who shall not be assigned to a position commensurate to his/her grade within two (2) years after such demotion in
position shall be separated or retired from the service;
b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has not been promoted for a
continuous period of ten (10) years shall be separated or retired from the service, except for those who are occupying a third-
level position;
c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at least five (5) years of accumulated
active service shall be separated from the service based on any of the following factors:
1) Inefficiency based on poor performance during the last two (2) successive semestral ratings period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;
3) Physical and/or mental incapacity to perform his/her duties and functions; or
4) Failure to complete the required career courses and/or appropriate civil service eligibility for his/her position except for
justifiable; and
d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section . – Any personnel who is dismissed
from the BFP and the BJMP pursuant to the above-enumerated principles in this Section shall be separated if he/she has
rendered less than twenty (20) years of service, and be retired if he/she has rendered at least twenty (20) years of service unless
the concerned personnel is disqualified by law to receive such benefits.

Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel of the BFP and the BJMP. 

The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in accordance with the following salary grade schedule:

GRADE
RANK SALARY
Fire/Jail Director 28
Fire/Jail Chief Superintendent 27
Fire/Jail Senior Superintendent 26
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
Senior Fire/Jail Officer III 18
Senior Fire/Jail Officer II 17
 Senior Fire/Jail Officer I 16
Fire/ Jail Officer III 14
Fire/Jail Officer II 12
Fire/Jail Officer I 10

MODULE 1
Legal Basis

Republic Act No. 9592

Title: AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE MINIMUM EDUCATIONAL
QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE BUREAU OF FIRE PROTECTION (BFP) AND THE BUREAU OF JAIL
MANAGEMENT AND PENOLOGY (BJMP), AMENDING FOR THE PURPOSE CERTAIN PROVISION OF REPUBLIC ACT NO. 9263,
OTHERWISE KNOWN AS THE "BUREAU OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY
PROFESSIONALIZATION ACT OF 2004" AND FOR OTHER PURPOSES

Declaration of Policy and Principles. – It is declared policy of the state to maintain peace and order, protect life, liberty and property, and promote the
general welfare essential for the enjoyment by all the people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution). It is
provided for under Republic Act No. 6975, otherwise known as the "Department of the Interior and Local Government Act 1990", that the task of fire
protection, and jail management and penology shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and
Penology (BJMP), respectively.

Organization and Key Positions of the BFP and the BJMP. – The BFP and the BJMP shall be respectively headed by a Chief who shall be assisted by two (2)
deputy chiefs, one (1) for administration and one (1) for operations, all of whom shall be appointed by the President upon recommendation of the Secretary of the
DILG from among the qualified officers with at least the rank of senior superintendent in the service:  Provided, that in no case shall any officer who has retired or
is retirable within six (6) months from his/her compulsory retirement age be appointed as Chief of the Fire Bureau or Chief of the Jail Bureau, as the case may
be, Provided, further, that the Chief of the Fire Bureau and Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years:  Provided, however, that
in times of war or other national emergency declared by Congress, the President may extend such tour of duty.

The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the Fire Bureau and the Chief of the Jail Bureau,
respectively. The second officers in command of the BFP and the BJMP with the rank of chief superintendent shall have the position title of Deputy Chief
for Administration of the Jail Bureau, respectively. The third officer in command of the BFP and the BJMP with the rank of chief superintendent shall have
the position title of Deputy Chief for Operation of Fire Bureau and Deputy Chief for Operation of the Jail Bureau, respectively. The fourth officers in
command of the BFP and the BJMP with the rank of chief superintendent shall have the respective position title of Chief of Directorial Staff of the Fire
Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be assisted by the directors of the directorates in the respective national headquarters office
with at least the rank of senior superintendent.

The BFP shall establish, operate and maintain their respective regional offices in each of the administrative regions of the country which shall be respectively
headed by a Regional Director for Fire Protection and a Regional Director of Jail Management and Penology with the rank of senior superintendent. He/She
shall be respectively assisted by the following officers with the rank of superintendent: Assistant Regional Director for Administration, Assistant Regional
Director for Operations, and Regional Chief of Directorial Staff.

Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed Personnel to the BFP and the BJMP . – No person shall
be appointed as uniformed personnel of the BFP and the BJMP unless he/she possesses the following minimum qualifications:

j) A citizen of the Republic of the Philippines;

k) A person of good moral character;
l) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining his/her physical and mental
health;
m) Must possess a baccalaureate degree from recognized institution of learning;
n) Must possess the appropriate civil service eligibility;
o) Must not have been dishonorably discharged of dismissal for cause from previous employment;
p) Must not have been convicted by final judgement of an offense or crime involving moral turpitude;
q) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and fifty-seven centimeters (1.57 m.)
for female: Provided, That a waiver for height and age requirement \s shall be automatically granted to applicants belonging to the
cultural communities; and
r) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to his/her height, age and sex;

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of age: except for this particular provision, the above–
enumerated qualifications shall be continuing in character and an absence of any one of them at any given time shall be ground for separation or retirement from
the service: Provided, further, That the uniformed personnel who are already in the service upon the effectivity of this Act shall be given five (5) years to obtain
the minimum educational qualification and one (1) year to satisfy the weight requirement.

Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of the BFP and the BJMP shall be effected in the following manners:

e) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for Fire Protection and Regional
Director for Jail Management and Penology for the regional office uniformed personnel or by the respective Chief of the Fire Bureau
and Chief of the Jail Bureau for the national headquarters office uniformed personnel, and attested by the Civil Service Commission
(CSC);
f) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire Bureau and Chief of the Jail Bureau, as
recommended by their immediate superiors, and attested by the CSC;
g) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation of the respective Chief of the Fire
Bureau and Chief of the Jail Bureau, with the proper attestation of the CSC; and
 h) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon recommendation of the Secretary of the DILG,
with the proper endorsement by the Chairman of the CSC.

Lateral Entry of Officer into the BFP and the BJMP. – In general, all original appointments of officers in the Fire Bureau and Jail Bureau shall commence the
rank of fire/jail inspector wherein applicants for lateral entry into the BFP shall include all those with highly specialized and technical qualifications such as,
but not limited to, civil engineers, mechanical engineers, electrical engineers, chemical engineers, chemist, architects, criminologists, certified public accountants,
nurses, physical therapists, and dentists, while applicants for lateral entry into the BJMP shall include all those with highly specialized and technical qualifications
such as, but not limited to, social workers, psychologists, teachers, nurses, dentists and engineers. Doctor of Medicine, members of the Philippine Bar and
chaplains shall be appointed to the rank of fire/jail senior inspector in their particular technical service. Graduate of the Philippine National Police Academy
(PNPA) shall be automatically appointed to the initial rank of fire/jail inspector.

Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed Personnel of the BFP and the BJMP to Key Positions. -

1. Municipal Fire Marshal. – Should have the rank of senior inspector, who must have finished at least second year Bachelor of Laws or earned at
least twelve (12) units in a master's degree program in public administration, management, engineering, public safety, criminology or other related
discipline from recognized institution of learning, and must have satisfactory passed the necessary training of career courses for such position as may
be established by the Fire Bureau;
2. City Fire Marshal. - Should the rank of chief inspector, who must have finished at least second year Bachelor of Laws or earned at least twenty four
(24) units in a master's degree program in public administration, management, engineering, public safety, criminology or other related disciplines from
recognized institution of learning, and must have satisfactory passed the necessary training or career courses for such position as may be established
by the Fire Bureau;
3. District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for Administration, Assistant Regional Director for Operations and
Regional Chief of Directorial Staff. – Should have the rank of superintendent, who must be a graduate of Bachelor of Laws or a holder of a mater's
degree in public administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning,
and must have satisfactory passed the necessary training or career courses for such position as may be established by the Fire Bureau;
4. District Fire Marshal for the National Capital Region, Regional Director for Fire Protection and Director of the Directorate of the National
Headquarters Office. – Should have at least the rank of senior superintendent, who must be a graduate of Bachelor of Laws or a holder of master's
degree in public administration, management, engineering, public safety, criminology or other related disciplines from a recognized institution of
learning, and must have satisfactory passed the necessary training or career course for such position as may be established by the Fire Bureau;
5. Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire Bureau and Chief Directorial Staff of the Fire
Bureau.- Should have the rank of superintendent, who must be a member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or other related disciplines from recognized institution of learning, and must have
satisfactory passed the necessary training or career courses for such as may be established by the Fire Bureau; and
6. Chief of the Fire Bureau. – Should have the rank of director, who must be a member of the Philippine Bar or a holder of a master's degree in public
administration, management, engineering, public safety, criminology or other related discipline from a recognized institution of learning, and must
satisfactory passed the necessary training or career courses for such position as may be established by the Fire Bureau.

Attrition System for the Uniformed Personnel of the BFP and the BJMP:

e) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the BJMP who is relieved and assigned to a
position lower than that is established for his/her grade in the respective staffing pattern of the Fire Bureau and the Jail Bureau, and
who shall not be assigned to a position commensurate to his/her grade within two (2) years after such demotion in position shall be
separated or retired from the service;
f) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has not been promoted for a continuous
period of ten (10) years shall be separated or retired from the service, except for those who are occupying a third-level position;
g) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at least five (5) years of accumulated active
service shall be separated from the service based on any of the following factors:
1) Inefficiency based on poor performance during the last two (2) successive semestral ratings period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;
3) Physical and/or mental incapacity to perform his/her duties and functions; or
4) Failure to complete the required career courses and/or appropriate civil service eligibility for his/her position except for
justifiable; and
h) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section. – Any personnel who is dismissed from
the BFP and the BJMP pursuant to the above-enumerated principles in this Section shall be separated if he/she has rendered less
than twenty (20) years of service, and be retired if he/she has rendered at least twenty (20) years of service unless the concerned
personnel is disqualified by law to receive such benefits.

Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel of the BFP and the BJMP. 

The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in accordance with the following salary grade schedule:

GRADE
RANK SALARY
Fire/Jail Director 28
Fire/Jail Chief Superintendent 27
Fire/Jail Senior Superintendent 26
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
 Senior Fire/Jail Officer III 18
Senior Fire/Jail Officer II 17
Senior Fire/Jail Officer I 16
Fire/ Jail Officer III 14
Fire/Jail Officer II 12
Fire/Jail Officer I 10

MODULE 1
Legal Basis

Title: CUSTOMS AND TRADITIONS OF THE FIRE SERVICE IN THE PHILIPPINES

Custom is an established usage, which include positive actions, things to do, and taboos to avoid doing.

Customs are traditions which live and endure in consistent to universally accepted and reasonable practices which makes life more orderly and pleasanter. These practices
continued without interruption for a long period of time and they become compulsory part of daily life of in-service personnel. It tends to take on the force of law, as indeed this
are the so-called “Common Law”.

Man has little fear of challenging the positive, like: it has been contrary for an officer to walk under an umbrella. It is one of the most universally observed customs in the
uniformed service. There is no known reason for it, but it is a custom, and it is a taboo doing it.

Customs are long established practices or usages in the uniformed services that have been passed on to the new generation of uniform personnel by reasons of constant
repeated observance, acquired character of unwritten norms of conduct. Most of the customs and traditions in the service are embodied in regulations while others are simply
adopted to supplement the pleasantries of firefighter’s life. Despite the possible changes in customs to suit the needs of modern living, this established precedence remains as the
minimum accepted practices in the service.

Relationship between Fire Commissioned Officer (FCO) and Fire Non Commission Officer (FNCO)

It is an officer’s concern to improve his organization. He must be able to exercise good leadership. The common familiar saying “familiarity breeds contempt” is particularly
true in an FCO – FNCO relationship. Familiarity as referred to here may not be the same as in other countries, in some countries, non-commissioned officers (NCO) address
their superiors by their first names or nicknames, but the manner of conversation is not that breeds familiarity or facile relations. In the Philippines, custom does not allow such.

In some countries, uniform personnel never use “sir” to address their superiors, like for example the Israel Defense Force, junior officers and enlisted men can address their
superiors by their nicknames but always in a respectful manner.

A SCO is accorded as the place of honor. In walking or riding, a junior sits walks or rides at the left or behind the Senior Officer.

Courtesy demands that an Officer uses polite words in a well modulated tone. The use of phrases “I wish” or “I desire” partakes the full force of a direct order.
An Officer enjoys the reputation of being a good creditor. He is expected to settle accounts promptly.

Miscellaneous Customs:

The Officer’s uniform should reflect the dignity of his organization. Under no circumstance must his uniform be dishonored. A Firefighter in uniform should behave with the
dignity expected of him.
Leaning or sitting on desk is taboo. It is always proper to stand erect and sit only when invited to do so.

Courtesy and Discipline:

Courtesy is the expression or manifestation of consideration of others. It is a virtue that is expected of all individual from all walks of life. In the uniformed service, courtesy
is a great requirement because it is the bases upon which discipline stands. Without courtesy and respect among members of an organization, there would be no discipline; and
when discipline disappears, the organization will lost its orderliness, and teamwork among members. It makes the organization dignified and ensures good relationships with the
public.

SALUTE -s the most important form of courtesy. It is executed by raising the right hand smartly until the tip of the forefinger touches the right eye brim if the headgear when
covered. Fingers are extended and joined, palm facing the left forearm inclined at an angle of about 45 degrees and the right upper arm horizontal. A person saluting looks at the
person saluted. When the sauté is returned, he drops the right hand smartly to the side.
-Salute shall be rendered by firefighters as a sign of respect towards ranking officer, and during flag raising and flag retreat ceremonies.

Rules in Rendering the Hand Salute

1. The salute is required on and off installations.

2. Persons entitled to be saluted: All commissioned officers of the uniform service, both male and female.
3. The salute is rendered at a distance of about 6 paces from the person saluted or at a recognition distance, which are about 30 paces.
4. The salute must be returned by those entitled to it. It is not rendered when running but at a hat or walk. Never salute with a cigarette, cigar or pipe in the mouth. The
salute should not be executed in haphazard or perfunctory manner. Salute is executed whether individual ate covered or uncovered
5. The salute is rendered once if the senior remains in the immediate vicinity and no conversation takes place. If a conversation takes place, the junior again salutes the
senior when they part from each other.
6. If making reports, the person reporting sautés first regardless of rank. An example of this case is when a unit commander is reporting to the adjutant during a
ceremony.

The term “outdoor” is construed to include such building as drill halls, gymnasiums and other roofed enclosures used for drill or exercise of troops. Theater, covered walks, and
other shelter open on the sides are also considered outdoors.
The term “indoors” includes offices, hallways, kitchen, orderly rooms, recreation halls, washrooms and quarters.
Acknowledgement to a Salute – It is required that all officers saluted must acknowledge appropriately.
Accompanying Greetings – In case of doubt, the salute likewise be rendered. It should be borne in mind that the salute is not a sign of servility that degrades oneself; rather it is
a gesture of recognition of the rank and position of the person saluted. It is a time – honored practice of comradeship in greeting one another as it is naturally rendered.

Salute to the National Colors and Standards – Firefighters shall stands at attention and salute the National Colors or Standards not cased, and when the National Anthem is
played. All other members and employees not in uniform shall render the colors/standards the honors and courtesies customarily accorded thereto while in civilian attire. During
flag ceremony or when the national anthem is played, civilian shall stand at attention to respect the colors and or the National Anthem.

Manner of Saluting: When Salute is not required:

- When outdoors - When driving

- When reporting to senior officers - When right arm is amputated or incapacitated
- When outdoor ceremonies - During actual operations or when at work
- When departing or leaving - When both hands are occupied
- When receiving an awards - When indoors or social gatherings
- During burial ceremony - When not in prescribe uniform
- Awardees of medal of valor - When future regulations prescribed
- When future regulations prescribed

MODULE 1
Legal Basis
Title: Philippine Criminal Justice System

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

Law is a rule of just conduct, and made obligatory by legitimate authority for the general welfare and benefit of the people. A law must be just or equal wherein no one is above
the law and it applies to everyone. In any law, punishment is always attached, to give a deterrent or controlling effect unto the other’s behavior. Laws and punishment must not
be feared but rather it should only be followed for everybody’s equal opportunity of protection.

Those who are afraid of the law are only those would be violators of law, for they know that they will be punished and suffer curtailment of one’s freedom as a consequence of
violating the law.

1. Substantive law – law that creates the right and obligations of persons; defines their status; governs their relations; and confers power upon them.
2. Adjective law – it is part of the law that governs the prosecution and defense of action involving the enforcement of rights and obligation.
3. Public law – deals principally with the powers, rights and obligations of the state.
4. Private law – deals with the individuals his rights and transactions, and his affairs.
5. International law – governing relation between state and sovereign entities or between states and international organization of state.
6. Municipal law – the entire body of law enacted by jurisdiction and applied in that jurisdiction.

Justice – it refers to the peace, order and well-being of the society that are threatened or disrupted when a crime is committed.

• Criminal Justice – it is part of justice that concerns itself with giving the state, the victim of the crime as well as the victim, the dessert consequent upon the commission of the
crime.

• Criminal Justice System - it consist of the institution, offices, officers and procedures for the enforcement of public order, particularly for dealing with infractions or violation
of laws. • Offender – it is the principal character in the criminal justice system. • Victim/Offended Party – they are the neglected or forgotten man in the criminal justice system.

SOCIAL GOALS AND IDEALS ENACTED INTO:

- LAW ENFORCEMENT
- VIOLATION OF LAW
- TRIAL
- CORRECTIONAL SYSTEM
- COMMUNITY

Crime • “An act or omission punishable by law” (RPC, Phils)

• “An act or omission prohibited by law for the protection of the public, the violation of which is prosecuted by the state in its own name and punishable by
incarceration.” (Model Penal Code, US)

Elements of Crime
1. An act (actus reus)
2. An unlawful act
3. An intent (mens rea)
4. Attendant circumstances
5. Concurrence of act and intent
6. Causation

• An effective alternative to the administration of Criminal Justice.

• Crime is, primarily, an offense against human relationships and, secondarily, against the state.
Principle of Restorative Justice

1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to participate fully in response to its solution if they wish.
3. Government’s role is to preserve a just public order, and the community’s role is to build and maintain a just peace.

Philippine Constitution of 1987

1. Congress/Senate – pass laws (bicameral legislature) ; b. Executive – enforce laws; c. Judiciary – interpret the laws

2. Revised Penal Code (Act 3815 as amended)

3. Rules of Court ***Principle of “Nullum crimen, nulla poena sine lege” – if there is no crime, there is no law punishing it.

1. Primary Goals

a. Maintenance of peace and order.

b. Protection of member of the society.

2. Secondary Goals
a. Prevention of crime.
b. Review legality of preventive and suppressive measures.
c. Judicial determination of guilt or innocence of those apprehended.
d. Proper disposition of those who have been found guilty.
e. The correction of socially approved means of the behavior of those who violate criminal law. f. Suppression of criminal conduct by apprehending offenders for
whom prevention is ineffective.
FIVE (5) PILLARS OF CJS
- POLICE/LE
- PROSECUTION
- COURT
- CORRECTI ON
- COMMUNITY

• The prime mover of the system.

• Component of the CJS which is vulnerable to corruption.

The term POLICE It is derived from the word POLITIA, meaning condition of the state, government and administration. POLITIA originated from the Greek word “Politea”
which means government, citizenship, or the entire activity of a POLIS, a city. But in restricted sense, it refers to that body of armed men which as an institution is capable of
exercising its duties by armed physical forces in the preservation of peace and order, detection and investigation of crimes, and enforcement of laws.

The PNP is the primary law enforcement agency of the country, which is national in scope and civilian in character. It was activated on January 29, 1991 under Section 23,
Chapter III, of RA 6975, entitled, "An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local Government,". It was
constituted from the full merger of the former PC and the INP with Police Director General CESAR NAZARENO as the First Chief, PNP.

• Section 4, Article 2 of the 1987 Constitution provides that, "... it is the policy of the State to promote peace and order, ensure public safety and further strengthen local
government capability aimed towards the effective delivery of basic services for the citizenry through the establishment of a highly and competent police force that is national in
scope and civilian in character".

• Section 23, Chapter III, of Republic Act No. 6975, "An Act Establishing the Philippine National Police Under a Reorganized Department of the Interior and Local
Government", or otherwise known as, "The PNP Law".

Statutory Power of the Police:

• To enforce laws and ordinances relative to the protection of lives and properties;
• To maintain peace and order and take all necessary steps to ensure public safety;
• To investigate and prevent crime , effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;
• To detain arrested person/s for a period not beyond what is prescribed by law, informing the persons so detained of all rights under the constitution; and
• To exercise the general powers to make arrest, search and seizure and enforce pertinent laws.

- Licensing, Supervisory and Control and Training: • To issue licenses for the possession of firearms and explosives in accordance with law; • To supervise and control
the training and operations of security agencies and issue license to operate security agencies, and to security guards and private detectives for the practice of their
profession; • To train students taking up their baccalaureate, vocational or technical courses in undergoing Law Enforcement Service Program in compliance to the
National Service Law.

- Deputized Statutory Power of the Police to perform such other duties and exercise all other functions as maybe provided by law such as: • To enforce election laws
during the conduct of election; • To enforce laws on agriculture, environment and natural resources; • To enforce laws on land transportation; and, • To enforce other
laws under the jurisdiction of various departments and/or offices of the government where the PNP is deputized under the principle of intra-coordination between and
among offices/ departments of the government.

• Republic Act No. 4864 – police act of 1966. This law gives birth to NAPOLCOM.
• Presidential Decree 765 –Philippine Constabulary/Integrated National Police (PC/INP) Law.
• Presidential Decree 1184 – police professionalization law of 1977 and gives birth to Philippine National Police Academy.
• Republic Act No. 6975 –an act establishing the PNP under the reorganized Department of Interior and Local Government and for other purposes.
• Republic Act No. 8551 – PNP reform and reorganization act of 1998. Republic Act No. 9708 – an act extending for five (5) years the reglementary period for complying with
the minimum educational qualification for appointment to the Philippine National Police (PNP) and adjusting the promotion system thereof, amending for the purpose pertinent
provisions of republic act no. 6975 and republic act no. 8551 and for other purposes.

• Exercise administrative and operational supervision. • Advice the president on all matters involving police function and administration. • Render the president and congress an
annual report.
• Perform other function as president may direct.

• It has jurisdiction to hear and decide citizen’s complaint or cases filed before it against officers of the Philippine National Police. • It composed of the following: 1. Member of
sanguniang bayan/lungsod chosen by their sangunian 2. Barangay captain (ABC president) 3. Member of peace and order council from the respected community known for
their integrity.

• It is a warning given to a person who is a suspected in a crime and is under custodial investigation. It includes:
• Right to remain silent.
• Right to counsel, preferably his own choice.
• Right to be informed by such rights and accusation against him.
• These rights are required to be recited by a police officer except such information will imperil the arrest.

• National Bureau of Investigation (created by Commonwealth Act 181 and reorganized by Republic Act 157 )
• Philippine Drug Enforcement Agency (PDEA) – RA 9165
• Optical Media Board (OMB) - Republic Act 9239
• Bureau of Customs (BOC)
• Bureau of Immigration (BI)
• Bureau of Internal Revenue (BIR)
• Bureau of Quarantine
• Bureau of Food and Drugs (BFAD)
• Commission on Human Rights (CHR)
• Maritime Industry Authority (MARINA)
• Philippine Coast Guard (PCG) - Republic Act No. 9993
• Movie and Television Review and Classification Board (MTRCB)
• Intellectual Property Office (IPO) - Republic Act No. 8239
• Department of Environment and Natural Resources (DENR)
• Bangko Sentral ng Pilipinas (BSP)
• Land Transportation Office (LTO) – RA 4136

Differentiate the following: • Confession and Admission • Crime Prevention and Crime Control • Motive and Intent • PNP and AFP

Terminologies :
• Prosecution – is the process or method whereby accusations are brought before the court of justice to determine the guilt or innocence of the accused.
• Prosecutor – it refers to the person who is a quasi-judicial officer who assures full discretion and control over a criminal case in the administration of justice and represents the
government or the people of the Philippines in a criminal proceeding in the court of law.
• Preliminary investigation – it is the inquiry or proceedings for the purpose of determining whether there is sufficient ground that the crime is committed and probably guilty
thereof and should be held for trial.

• Probable cause - it is the existence of such facts and circumstances as would exile the belief that the person charged is guilty thereof.
• Inquest – it is an informal and summary investigation conducted by a public prosecutor in criminal cases when the suspect was arrested without warrant in order to continue
the detention of the suspect beyond what is prescribed by law.
• Ombudsman – a conditionally independent office that has disciplinary and prosecutorial functions and exercise jurisdiction over administrative cases filed against government
officers or employees and can impose administrative penalties. (RA 6770)

1. Adversarial/accusatorial system – the victim or his representative has the primary responsibility for finding and presenting evidences to the court. The accused is presumed
guilty until proven innocence.
2. Inquisitorial – the judge searches the facts, listens to witness to be taken, and investigate to prove the guilt or innocence of the accused. The accused is presumed innocence
until proven guilty.
3. Mixed system – adopts both accusatorial and inquisitorial, where the victim or his representatives provides the fats, evidences and testimony of witness to prove the guilt of
the accused. The accused is presumed innocent and also provides facts, evidences and testimony of his witness to disprove the accusation of the complainant. The judge will
investigate and determine the guilt of the accused beyond reasonable doubt and its moral certainty.

A prosecutor is one whose principal task is to charge violators of the law with the offenses that they may have committed, to conduct preliminary investigation, to file the
necessary information before the court, and to represent the People of the Philippines. Prosecutors are part of the Executive Branch of government and as a general rule belong
to the Department of Justice. However, the Ombudsman also prosecutes offenses committed by public officer or employees.
- conduct preliminary investigation
- make proper recommendation during the inquest
- represent the government in the absence of private counsel/prosecutor under his supervision and control
- acts as a law officer, adviser of political instrumentality’s and their officials
- investigate administrative cases
- Finds cause to hold the respondent for trial, and he shall prepare the resolution and corresponding information.
- Certify under oath, shown by the record, an authorized officer, personally examine the complainant and his witnesses that the accused is guilty thereof. 3. Informed
by the complaint and of the evidence submitted against the accused.
- Given an opportunity to submit controverting evidence.
- If there is no probable cause, recommend the dismissal of the complaint.
- Forward the record of the case including the resolution to the provincial of city fiscal of chief state prosecutor within 5 days.
- It is similar with the police to determine the course of action and the proper recommendation relative to the case assigned to him.
- File the case in court on the merits.
- Dismiss the case of insufficiency of evidence.
- Enter into agreement with the defense counsel.
- Recommend reduced charges and bail in favor of the accused.
- File criminal case against the accused.
- File administrative case against the prosecutor. 3. Hold the prosecutor criminally liable.
- File accused for mandamus to compel the fiscal to file information.
- File motion for reconsideration.
- Appeal to DOJ.

Differentiate the following: • Evidence and Proof • Complaint and Information • Civil Case and Criminal Case • Adultery and Concubinage • Prescription of Crime and
Prescription of Penalty

Terminologies
• Court – is the governmental body officially assembled under the authority of law at the appropriate time and place for the administration of justice through which the state
enforce its sovereign rights and powers.
• Judge – a public officer so named in his written evidence of appointment (commission) assigned to preside over and to administer the law in a court of justice.
• Arraignment – it is the reading of the criminal complaint or information to the defendant, by the judge or clerk of court and delivering to him of the copy thereof, including the
list of witnesses and asking him whether he pleads guilty or not.
• Promulgation – the clerk of court reads the decision of the judge after hearing of the case.
• Bench – it refers to the courts in general.
• Bar – it refers to persons authorized to practice the legal profession (lawyers admitted to the roll of attorneys of the Supreme Court).
• Venue – it is the site and location where the case is to be tried on the merits.
• Trial – it is the period for the introduction of evidence by both parties.
• Certiorari – it is a writ issued from a superior court requiring a lower court or a board, or officer exercising judicial functions to transmit the records of a case to the superior
court for the purpose of review.
• Mandamus – an order issued by superior court commanding a lower court or a corporation, board or person to perform a certain act which it is or his duty to do so.

Trial by Order – it is an ancient procedure whereby an appeal was made to God to make manifestation of the guilt or innocence of accused. This was considered as “Judicium”
which means the judgment by God.
Trial by Ordeal – it is a system of determining guilt and innocence based on painful test of skills. This method of administration of justice was abolished in 1215. In the
Philippines, during the pre-Spanish period almost the same concept was being adopted based from the early law of the Philippines. During the Spanish era, there where laws
being followed by the people but no due process of law was used to establish the guilt or innocence of the person. Only the determination of punishment to be imposed upon the
person who believed to have violated the law. During the early years of Spanish regime, the highest court was Royal Audencia that decides criminal and civil charges but its
decision were appealable to the Supreme Court of Spain in Madrid.

When Manila fell to the American occupational forces in 1898, General Wesley Meritt established a military government and organized provost/military courts that tried and
decide all cases. But on May 29, 1899 Gen. Meritt issued General Order No. 20 which re-established the audencia. The said order named six Filipino members of the Court and
Cayetano Arellano was appointed as the first Filipino Chief Justice. June 11, 1901 marks the birth of Supreme Court by the virtue of Act 136 (Judiciary Law). Other courts such
as Court of First Instance (Regional Trial Court), Justice of the Peace Courts and other court were subsequently established. On August 8, 1901, the new Supreme Court
promulgated its first decision.

Judicial Power – it is the power to apply the laws to contest or disputes concerning legally recognized rights and duties between the states and private persons, or between
individual litigants in cases properly brought before the judicial tribunals.

a. To pass upon the validity or constitutionality of the laws of the state and the acts of other branches and department of the government.
b. To interpret and construe the law.
c. To render authoritative judgment.
 d. To punish person adjudge in contempt and issue warrants of arrest after due process has been observed.

Jurisdiction – it is the authority to hear and determine a cause. It can be over the offense (i.e. determined by law) as well as over the accused (i.e. by means of arrest or surrender
of the accused).
1. General – when it is empowered to decide all disputes which may come before it except those assigned to other courts.
2. Limited – when it has authority to hear and determine only a specific case. (special court)
3. Original – when it can try and decide a case presented for the first time.
4. Appellate – when it can take a case already heard.

Exclusive – when it can try and decide a case which cannot be presented before any court.
Concurrent – when anyone of two or more courts may take cognizance of a case.
Criminal – that which exists for the punishment of crime.
Civil – that which exists when the subject matter is not a criminal nature.
Criminal Procedure – it is the method pointed out by law for the apprehension, trial or prosecution and fixing a punishment of the person who have violated or accused to have
broken or violated the law, prescribe for the coagulation of the conduct of the people of the community and who have thereby laid themselves liable to fine.

1. Keeping peace – it is the primary functions of any courts by giving justice.

2. Deciding controversies
3. Administrative role.
4. Decide the culpability or innocence of the accused.
5. Protector of human rights – promote justice in order to obtain peace satisfaction and happiness of our citizenry and judges should exhibit impartiality in his decision to the
contentment of all his litigants.

A. Regular Courts – the Philippine Judicial System consists of a hierarchy of courts resembling a pyramid under the Reorganization Act of 1980.

1. First Level Court/Inferior court – a court which have jurisdiction over cases where the penalty that may be imposed does not exceed six years imprisonment. It is classified as:
a. Municipal Trial Court – a trial court in municipality and the judge covers one municipality.
b. Metropolitan Trial Court – a trial court in metropolitan areas or chartered cities.
c. Municipal Trial Court for Cities – a trial court in a city.
d. Municipal Circuit Trial Court – a trial court in municipality and the judge covers two or more municipalities.

2. Court of General Jurisdiction/Regional Trial Court – it refers to a court which have jurisdiction over offenses punishable by more than six years imprisonment to reclusion
perpetua or life imprisonment.

3. Court of Appeals – a collegiate appellate court that reviews judgments from inferior courts and court of general jurisdiction. It is composed of a one presiding judge and sixty-
eight associate justices who shall be appointed by the president of the Philippines. It operates in seventeen divisions, each comprising three members. It only sits in en banc to
exercise ceremonial, administrative or other non- adjudicatory functions. It was established under Batas Pambansa Bilang 129 known as “The Judiciary Reorganization Act of
1980”.

4. Supreme Court – it is the court of final appeal that affirms, modifies, affirms or reverses judgments of lower court. It is composed of chief justice and fourteen associate
justices and may sit either en banc or its discretion, in division of three, five or seven members. Any vacancy shall be filled within ninety days and it shall be appointed by the
president. Likewise, Supreme Court has the power to discipline judges of lower courts or order their dismissal by the vote of majority.

Sandiganbayan – a collegiate court that sit both as a trial court or as an appeal court when the accused is a government employee classified as Salary Grade 27 or above and is
charged with a crime in connection with his office. This special court was established under Presidential Decree 1606 and its rank is equivalent to Court of Appeals. It sits in
five divisions of three justices each. Those divisions may sit at the same time. The first three divisions stationed in Metro Manila (Luzon), the fourth division in Cebu City
(Visayas) and the fifth division shall be in Cagayan de Oro (Mindanao).

Court of Tax Appeals – a collegiate appellate court that has criminal jurisdiction over violation of the Internal Revenue Code where the principal amount of taxes and fees
exclusive of penalties and charges in one million pesos or more. It is a special court of limited jurisdiction. It was created under Republic Act 1125 and expanded its jurisdiction
and enlarging its membership through Republic Act 9282. It is the same level with Court of Appeals. It composed of Presiding Judge and five associate justices and sits in two
divisions consisting of three justices.

Family Court – a trial court that has jurisdiction over criminal offenses where either the victim or the perpetrator is a child regardless of the offenses or penalty be imposed. It is
created through Republic Act 8369 otherwise known as “Family Court Act of 1997”. 4. Military Court – a court that exercises jurisdiction over men and women of the AFP who
violates Article of War. The president as commander-in-chief has the authority the decisions made by them.

The Shari‘a Courts This court was created under Presidential Decree 1083. This court was established in certain specified provinces in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced. A Shari‘a District Court is of limited jurisdiction. Cases falling within the exclusive jurisdiction primarily pertain to family
rights and duties as well as contractual relations of Filipino Muslims in Mindanao. It has appellate jurisdiction over all cases tried in Shari’a Circuit Courts within their territorial
jurisdiction. There are five Shari’a District Courts. A Shari’a Circuit Courts is similar to Municipal Circuit Trial Courts and were established in certain municipalities in
Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. There are fifty-one Shari’a Circuit Courts.
• First level court/inferior court – 3 months
• Court of Appeals/Collegiate appellate court – 12 months
• Supreme Court – 24 months

Chapter 7, Title One, Book III, Local Government Code of 1991

- Republic Act 7160 - Katarungang Pambarangay Law which took effect on June 1, 1992.
- PD 1508 - the first law which institutionalized the Katarungang Pambarangay which took effect on December 20, 1978.
• composed of the punong barangay, as chairman and ten (10) to twenty (20) members
• possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity Functions: 1. exercise administrative supervision over the
conciliation panels
- 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 experiences in effecting speedy resolution of disputes
• constituted for each dispute brought before the lupon consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of
the lupon
• the three (3) members constituting the pangkat shall elect from among themselves the chairman and the secretary
• one party is the government and its instrumentality
• one party is a public officer or employee, and the dispute relates to the performance of his official functions
• offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00)
 • offenses where there is no private offended party
• where the dispute involves real properties located in different cities or municipalities unless the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon
• disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate lupon
• other classes of disputes which the President may determine in the interest of Justice or upon the recommendation of the Secretary of Justice.

• The accused is under detention.

• The person is calling for habeas corpus proceedings.
• Where actions are coupled with provisional remedies.
• Where the action may otherwise be barred by the statute of limitations.

1. NO LAWYERS allowed in barangay hearings.

2. Not all cases go to the Katarungan Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a court.

Differentiate the following: • Warrant of Arrest and Search Warrant • Accused and Plaintiff • Motion and Objection • Appeal and Motion for Reconsideration • Arbitration,
Mediation and Conciliation

• Correction – it is the community’s reaction to a convicted offender. It is the fourth pillar of CJS and considered as the weakest among the pillars.
• Penology – it is the division of criminology that focus with the philosophy and practice of society in its effort to repress criminal activities. It was derived from the Latin word
“poena” which means “pain” or “suffering”. • Punishment – it is regarded as an effective means of social control. It is the imposition of penalty whether in a form of
imprisonment and fine or both.
• Protection – it is regarded as a social defense wherein the society would gain protection by putting criminals behind bars.
• Deterrence – it is based on the belief that the offender when punished and inflicted with suffering would learn the hard way.
• Retribution – it is a primitive form of inflicting punishment by way of personal vengeance. In its imposition, the punishment would depend on the degree of satisfaction the
aggrieved of offended party would obtain.
• Reformation – it is the latest justification resorted to by the imposition of punishment. It is an attempt to return the law violator as responsible and productive member of the
society.
• Rehabilitation – refers to treatment by means of therapy, vocational training, education and counseling to help criminals to adjust to society and to avoid deviant social
behavior.
• Indeterminate Sentence – a sentence of imprisonment for the maximum period define by law subject to the termination by the parole board at any time after serving the
minimum period.
• Mittimus – a warrant issued by the court bearing it seals and the signature of the judge directing a correctional facility to receive the convicted offender for service of sentence
imposed therein.
• Diversification – it refers to penal system’s implementation of segregation.
• Carpeta – the institutional record of inmate which consist of his commitment order, the prosecutor’s information and the decision of the court, including the appellate court if
there is any.
• Classification – it is the method of placing prisoners into type of categories by which diagnosis treatment planning and execution of treatment programs are coordinated in
individual case.
• Custody – a penal safekeeping includes measures and activities.
• Detainee – a person under custody for the violation of law or ordinance and has not yet been convicted.
• Prison – refers to institution for confinement of sentence prisoners serving imprisonment for more than three years.
• Prisoner – a person confined in jail or prison to serve a sentence after a conviction by a competent court or authority.
• Atonement or Expiation – the penalty is commensurate with the gravity of the offense based on the norms observed by the

• Elmira Reformatory – the forerunner of modern penology due to its extensive use of parole, social case work and training school type of institution. It incorporated the first
official use of parole release in the US.
• Auburn System – it is one of the forerunners of modern correctional system wherein they confine the prisoners in single cells at night but allow them to work in congregate
shops during the day.
• Pennsylvania System – the penal method based on the principle that solitary confinement fosters penitence and encourages reformation. Prisoners were kept in solitary
confinement Prisoners saw no one except institution officers and an occasional visitor. Solitary penitence, however, was soon modified to include the performance of work such
as shoemaking or weaving. It was spread until it predominated in European prisons.

It was formerly Bureau of Prisons (created by the virtue of Reorganization Act of 1907) and under Chapter IV Section 1705 to 1720 of the Revised Administrative Code,
otherwise known as the Prison Law enacted its procedures for operation. It was prescribed to be headed by Chief to be known as the Director of Prisons who shall oversee the
administration, supervision, management and control of all state prison institution on our country. The President of RP appoints its head with the confirmation of the congress
by the commission on appointments. The Bureau of Corrections or BuCor, is an agency under the Department of Justice, mandated to carry out institutional rehabilitation
programs of the government for national offenders, those sentenced to more than three years, and to ensure their safe custody. It is composed of seven operating institutions
strategically located all over the country to accept national prisoners. The central office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the Director,
the assistant directors and the general administration staff.

1. New Bilibid Prison (NBP); 2. San Ramon Prison and Penal Farm (SRPPF); 3. Iwahig Prison and Penal Farm (IPPF); 4. Correctional Institution for Women (CIW);
5. Sablayan Prison and Penal Farm (SPPF); 6. Davao Prison and Penal Farm (DPPF); 7. Leyte Regional Prison (LRP)

The RDC is a specialized service designed to service correction system. The casework of individualized method of diagnosis and treatment of the convicts are held there for a
period of 60 days commencing from their commitment to the prison.
On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic Act 6975 as a line Bureau under the Department of Interior and Local
Government. The Jail Bureau is the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct PC/INP last headed by BRIG GEN Arsenio
E. Concepcion. As mandated by law, the BJMP shall operate under the reorganized Department of the Interior and Local Government. Starting from scratch with 500 personnel
in 1991 the BJMP weaned from its mother PC/INP as a mere component, to become a full-fledge bureau. Director Charles S. Mondejar took his oath of office on July 1 of 1991
as the first Chief of the Bureau.

1. By Security Risk
• Maximum – it includes high security risk or highly dangerous inmates and requires an extreme degree of supervision and control.
• Medium – include those cannot be trusted in less secured areas whose conduct or behavior require minimum supervision.
• Minimum – include who may be reasonably trusted to serve their sentence under less restricted conditions.

2. As to entitlement of privileges
• Third class – one who has either been previously committed for three of more times as a sentenced inmate.
• Second class – a newly arrived inmate; an inmate demoted form first class of one promoted from the third class.
• First class – are those whose known character and credit for work while in detention earned assignment to this class upon start of sentence; or one who has been promoted
from the second class.
• Colonist – who are first class inmates and has served for one year immediately preceding the completion of the period specified in the following classifications; has
3. Under Presidential Decree 29
• Municipal Prisoners – persons convicted to serve a period of imprisonment of not more than six months.
• Provincial/City Prisoners – persons who by reason of their sentence may be deprived of liberty of not more than three years or those who are unable to pay a fine of 1, 000
pesos.
• National Prisoner – prisoners who are convicted to serve a term of imprisonment of more than three years.

Deterrence – the preventive effect which actual or threatened punishment of offender has upon potential offender.
Rehabilitation – it is the process to help the criminals to adjust to society and to avoid deviant behavior.
Reintegration – this process submits that the criminal behavior was due to the gap between the criminal and the community.
Isolation of Prisoners – insulation of criminals from law- abiding citizens so as to not to pollute them.

Jails are considered as the bulwark of community social protection in the sense that it isolates the offenders from the rest of the population for a period while the determination
of their case in heard on the merits.

Types of Jail
1. Lock-up Jail – security facility operated by personnel of the local law enforcement units for temporary detention of person under investigation or waiting preliminary
investigation.
2. Ordinary Jail – this facility houses prisoner convicted of offenses which the punishment does not exceed three years of imprisonment and those with pending cases before the
courts and run by BJMP.

• Pardon – it is a form of executive clemency which is an act exercised by the President which exempting an individual on whom it is bestowed from the punishment of the law
inflicts for the crime he has committed.
• Amnesty – it is the general pardon extended to a group or classes of persons and is exercised by the chief executive, with the concurrence of congress.
• Commutation – it is the change in the decision of the court made by the President by reducing the degree of penalty inflicted upon the convict or by reducing the length of
imprisonment of amount of fine imposed by the court in the verdict of conviction.
• Reprieve – it is the temporary stay in the execution of the sentence. The execution is set backwards to enable the President to review the merits of the case and determine
proper punishment for the convict. It is exercise only the
• Reprieve – it is the temporary stay in the execution of the sentence. The execution is set backwards to enable the President to review the merits of the case and determine
proper punishment for the convict. It is exercise only the President only after the conviction.
• Probation – it is a juridical disposition after which the dependant after conviction and the sentence is release subject to the condition imposed by the court and the supervision
of probation officer. Presidential Decree 968 is the Probation Law of 1976.
• Parole – it is a form of supervised conditional liberty from prison granted prior to the expiration of the sentence. It is come from the French word “Parole d’honeur” meaning
“word of honor”.

Differentiate the following: • Prisoner and Detainee • Life Imprisonment and Reclusion Perpetua • Punishment and Correction

The community has an unparalleled role as the fifth pillar of the CJS. In this connection, community understood the mean as elements that are mobilized and energized to
help the authorities in effectively addressing the law and order concerned of the citizenry. In fact, the community should be considered the first pillar because it is above all that
aspires after a certain quality of social life expressed in public policy as well as in criminal law and codes. Community has the vital role in law enforcement. The citizen can
achieved these roles by identifying offenders, giving data and information about the illegal activity or cohorts of the criminals, the proliferation of organized crimes and
syndicates, volunteering as witness and adapting precautionary and remedial measures to diminished crimes. Crime prevention is not a sole responsibility of all law enforcement
agencies but it is equally the concern of every citizen in order to have a peaceful place to live.

1. The Home – it is the cradle of personality, for in it the child forms fundamental attitudes and habit that endure throughout his life.
2. The School – it is in a strategic position to prevent crime and delinquency because it exercises authority over every child who is of school age. It has the excellent opportunity
to influence child’s attitudes and behavior.
3. The Church – it points out to the faith their relationship to God and their fellowmen, and who, by work and example, lead community members to live a moral life.
4. The Government – it is a duly constituted authority that enforces the laws of the land, as such, it is the most powerful institution as far as control of people is concerned.
Respect for the government is influenced by the respect of the public to the people running the government.
5. The Mass Media – it is considered as the best instrument for information dissemination, and the best source of knowledge for the public. It is where the public opinions are
formed and gives food for thought to the people.
6. The Community Agencies – nation is composed of people who interacts with one another and follows same rules and regulation.
7. The Barangay Official – it is a cohesive group of inhabitants possessing commitment and performing well-defined and significant role that can be transformed into effective
and harmonious action for the prevention and of crime and delinquency.
 It is the Witness Protection, Security and Benefit act of 1991. Under Sec 8 of this law, the witness shall have the following rights and benefits:
1. To have secure housing facilities until he has testified or until the threat, intimidation or harassment disappear.
2. Assistance in obtaining livelihood.
3. Giving equivalent salary if the witness has been terminated due to witness duty.
4. Provide reasonable travelling allowance.
5. Provide with the medical treatment, hospitalization and medicines.
6. If the witness is killed due to his witness duty, his heirs shall be entitled to burial benefits of P10,000 exclusive of any other benefits.
7. In case of death or permanent incapacity his minor or dependent children shall be entitled to free education from primary to college level.