-----------------------------------CRIMINAL JUSTICE SYSTEM-----------------------------------
CRIMINAL –a person who commits an act or
omission in violation of criminal law & has been
convicted by the court
-can also be called perpetrator, offender, culprit
Delinquent – usually used for minor offenders or
adult offenders who commit a minor offense
Criminal Law –branch or division of law that
defines crimes, treats their nature, and provides
for their punishment
Only the court can declare a person a criminal by
ordering such a person to be guilty beyond
reasonable doubt
Suspect/respondent –when the case is still under
police investigation
Respondent –prosecutor
Accused-court
Criminal- ordered guilty
Person deprived of liberty –sentenced to jail
Citizen-after sentenced
CRIME –an act or omission in violation of
Criminal Law
Revise Penal Code -contains the general
penal laws of the Philippines (Signed on
December 8, 1930, took effect January 1, 1932)
Book 1 –Article 1-113 (Principles)
Principles of Felonies; Criminal Liability; Scale of
Penalties; Circumstances that affect criminal and
civil liability
Book 2 –Article 114-367 (Crimes & Punishment)
Felony –acts and omissions punishable by law
-violation of Revise Penal Code
-committed not only by means of deceit
(dolo) but also by means of fault (culpa)
*deceit (dolo) -when the act is performed
with deliberate intent (Intentional Felonies)
*fault (culpa) –when the wrongful act
results from imprudence, negligence, lack of
foresight, or lack of skill (Culpable Felonies)
Elements of Felonies:
1. There must be an act or omission
2. The act or omission must be punishable by the
Revised Penal Code
3. The act performed or omission incurred by
means of dolo or culpa
Special Penal Laws –Crimes that are not
covered by the Revised Penal Code
Offense –violation under Special Laws
Acts -1900-1935 (American Regime)
Commonwealth Act-1935-1946 (Commonwealth
Government under Tydings McDuffie Act (1934)
Republic Acts -1946-1972; 1987-present (Phil
Independence; RA Laws enacted by legislation)
Presidential Decree -1972-1986 (Marcos Regime,
President holds both the executive and legislative
branch)
Batas Pambansa -1978-1985 (Marcos Regime,
Laws created by Batasan Pambansa)
What is the difference between Special Penal
Law and Revised Penal Code?
Violations of the crimes listed in the Revised Penal
Code are referred to as mala in se, which literally
means, that the act is inherently evil or bad or wrongful
in itself.
Violations of Special Penal Laws are generally referred
to as malum prohibitum or an act that is wrong
because it is prohibited. Thus, no criminal intent is
needed in order to find a person liable for crimes
punished under Special Penal Laws. As long as the
act is omitted, then it is punishable as a crime under
the law.
Ordinance, Rules & Regulations
Ordinances are laws created by local “legislative”,
like city and county governments. Regulations are
not laws themselves but are legal directives
written to explain how to implement statutes or
laws.
Infraction, Misdemeanor, Delinquency
–violation of ordinance or rules and regulation
Why is there a crime?
The Labeling Theory-the original cause of
crime cannot be known, no behavior is
intrinsically criminal, and behavior becomes
criminal if it is labeled as such.
There is a CRIME because there is a LAW
violated.
There is no crime if there is no law punishing
it (Nullum crimen Nullum poena sine lege)
-person cannot or should not face criminal
punishment except for an act that was
criminalized by law before he/she performed the
act.
LAW –a primary instrument for making known
what acts are crimes and what sanctions may be
applied to those defined as crimes
Common Law –body of principles, practices,
customs, and judicial precedents (PHL has no
common law)
Statutory Law –laws passed by the legislature
Case Law –law made by justices in cases
decided in the appellate courts, especially in
Supreme Court
Substantive Law –creates and defines laws
Procedural Law –refers to the process of how
the law is administered (also called remedial law
or adjective law)
Civil Law –the body of rules that defines and
protects rights, contracts, etc.
Criminal Law –defines crimes, treats their
nature, and provides for their punishment
JUSTICE –a social norm providing guidance
for people in their dealings with one another
-the principle or ideal of just dealing or right action
- concept on ethics and law that means that
people behave in a way that is fair, equal and
balanced for everyone.
Theories of Justice:
Positive Law Theory –Justice is a creature of
law made by men. If law is violated, there is
injustice. If law is adhered, there is justice
Social Good Theory –Justice is more than what
we find in law. It must be true of all time, in all
societies, and in all circumstances
Natural Right Theory –Justice is being rendered
to every person for his right or due
SYSTEM –one which consists of several parts
and interacts with each other. A set of things
working together as parts of a mechanism or an
interconnecting network
CRIMINAL JUSTICE SYSTEM
-a system or process in the community by which
crimes are investigated, persons suspected are
taken into custody, prosecuted in court, and
punished if found guilty.
-a machinery which a state uses in the control
and prevention of crimes
[After being sentenced to jail, criminals will go
through Rehabilitation/Correction System,
criminals will be able to turn into law-abiding
citizens again and, with that, crimes can be
prevented.]
Logo of Criminal Justice System Symbolize:
Lady Justice –symbolizes the Divine Rightness
of Law
Blindfold - represents impartiality, the ideal that
justice should be applied without regard to wealth,
power, or another status
Scale –represents fairness /truth; the weighing of
the evidence; and represents the impartiality of
the court's decisions
Sword –represents the power of reason and
justice
Mallet/Gavel –hammer look-like used by the
judge to open/close court sessions or maintain
order in the court
Pillars of Criminal Justice System
1. Law Enforcement Pillar
2. Prosecutor Pillar
3. Court Pillar
4. Correction Pillar
5. Community Pillar
THE PILLARS OF THE CRIMINAL JUSTICE
SYSTEM
1. LAW ENFORCEMENT PILLAR
(POLICE PILLAR)
-also called a prime mover
-also known as POLICING
• The primary goal of criminal justice is to prevent
and control crime. The police are one of the
principal agencies that have a mandate to prevent
crime, enforce laws, conduct lawful searches and
seizures, and assist in the prosecution of
criminals
It is also their duty to:
a. Investigate the crime; collect evidence for use
in the prosecution of the suspects in court.
Maybe in the form of surveillance and observation
of suspects, other persons, and premises;
-interviewing persons with knowledge of facts
directly or indirectly connected with the offense;
taking photographs; arranging for entrapment;
searching premises and persons subject to
constitutional and statutory safeguards;
examining public and other available records
pertaining to the persons involved and getting
copies of pertinent entries.
b. Arrest suspects by virtue of a warrant of arrest
issued by a judge on the basis of evidence
submitted by them or under circumstances
justifying the warrantee’s arrest.
Included: Brgy. Tanod, Investigators of the DENR,
Immigration Officers, - Airport Police, Custom
Police, NBI, PNP
GENERAL RULE
• When the crime is punishable by four years, two
months, one day (4,2,1), or higher, it requires a
preliminary investigation conducted by the
prosecutor.
• The crime is punishable by less than 4 years, 2
months, and 1 day. The case may go directly to
the first-level courts (metropolitan courts,
municipal courts, etc.), except when the crime
happens in chartered cities, where the complaint
must be filled out or go through the office of the
prosecutor but doesn’t require preliminary
investigation.
Preliminary investigation -is an inquiry
or proceeding to determine whether there is a
probable cause (Probable Cause - sufficient
ground to engender a well-founded belief that a
crime has been committed and the respondent is
probably guilty thereof and should be held for
trial).
Probable Cause –facts and circumstances
which could lead a reasonably discreet and
prudent man to believe that an offense has been
committed and the object sought in connection
with the offense are in the place sought to be
searched
Complaint — is a sworn written statement
charging a person with an offense, subscribed by
the offended party, any peace officer, or other
public officer charged with the enforcement of the
law violated.
Information — an accusation in writing
charging a person with an offense, subscribed by
the prosecutor and filed with the court.
LAW ENFORCEMENT OR POLICING
-Concerned with the prevention and control of
crimes, the enforcement of laws, conducting
lawful searches and seizures, and assisting in
prosecuting criminals.
- main function is to maintain peace and order
The Theory of Policing
Continental Theory – Police are servants of
higher authorities (usually exercised in monarchy)
Home Rule Theory – Police are servants of the
community/ people
MODELS OF POLICING
Crime Control Model is based on the
assumption of absolute reliability of police
fact-finding and treats arrestees as if they have
already been found guilty. The suspect should be
the one to prove that he is not guilty. (Philippines
does not follow this model)
In the Philippines, we use the Presumption of
Innocence – A person is innocent until proven
guilty beyond reasonable doubt
Due Process Model – It’s far better than 100
guilty men to escape justice rather than 1
innocent person to be convicted. There must be
proof beyond reasonable doubt
CONCEPTS OF POLICING
Traditional/Old Concept – The yardstick of the
effectiveness of police is based on the number of
arrests
Modern Concept - The yardstick of the
effectiveness of the police is based on crime
prevention.
Sir Robert Peel -father of modern democratic
policing, said: “Police are the people, and people
are the police,” which means all citizens shall
uphold the law as part of their obligation as
law-abiding citizens. The police are just paid
citizens who formally carry out the laws. However,
the ordinary citizens still have the civic duty to
obey the law to maintain peace and order.
WHAT IS PNP?
Groups of trained personnel are organized
together to achieve goals/objectives.
- Law enforcement
- Crime prevention
- Protection of lives and properties
- Maintenance of peace and order
Prevention vs Suppression vs Control
Crime Prevention – The attempt to prevent
crime from occurring by eliminating of opportunity
Crime Suppression – The attempt to prevent
crime from occurring by elimination of desire
[Deterrence - the action of discouraging an action
or event through instilling doubt or fear of the
consequences]
• CRIMINAL FORMULA –crime happens when
the desire plus the opportunity overpowers
temptation. People commit crimes when the
combination of desire and opportunity exists over
temptation.
Crime Control – Minimizing crimes as much as
possible
[Zero Crime rate can only happen if we abolish all
the criminal laws. Because there will be no crime
if there’s no law punishing it. But it is impossible
because]
 (b) Seizure in Plain View – Seizing evidence
immediately apparent to the police in the place
SEARCH AND SEIZURE where he has the right to be there.

Search –The act of examining a place to look Requisites to be valid:

for properties considered by law illegal
- Prior valid entry or the law enforcement police
Seizure –The act of confiscating those are legally present in the pursuit of their official
discovered in the search duties

-the evidence was inadvertently discovered by the

police, who had the right to be where they were
SEARCH WARRANT
-the evidence is immediately apparent
An order in writing was issued in the name of the
Plain view justified by mere seizure of evidence
people of the Philippines.
without further search
signed by a judge and directed to a peace officer,
(c) Search Incidental to Lawful Arrest – It
commanding him to search for the personal
allows a warrantless search of an arrested person
property described therein and bring it before the
and the area within the arrestee's immediate
court.
control. Arrest shall happen first before search.
General Rule: The law enforcer cannot conduct a
(d) Consented Search – A search where the
search and seizure operation if there’s no search
searching officer has given the consent to search
warrant (valid for 10 days from its date).
for a person and properties
Requisites of a valid search warrant
(e) Stop & Frisk / Pat Down Search – A limited
a. There must be a probable cause [reasonable protective search of outer clothing for weapons
basis for believing that a crime may have been after a reasonable suspicion leading to probable
committed] cause

b. The probable cause must be determined Requisites to be valid:

personally by a judge;
-reasonable suspicion amounting to probable
c. It must be issued after the examination, under cause
oath or affirmation, of the complainant and the
-personal knowledge
witnesses he may produce;

d. The warrant must particularly describe the

place to be searched and the persons or things to
be seized ARREST
-taking a person into custody in order that he may
be bound to answer for the commission of an
WARRANTLESS SEARCH AND SEIZURE offense.

(a) Search of Moving Vehicle – Flagging down 2 Types of Arrest:

and searching a moving vehicle after a
(a) Arrest with warrant
reasonable suspicion amounting to probable
cause. (b) Warrantless Arrest
Requisites to be valid: 2 Forms of Arrest: :
-reasonable suspicion amounting to probable (a) Actual resistance
cause & personal knowledge
(b) Voluntary Submission
*if a person is willing to surrender, it is not
considered as arrest [voluntary surrender]
PROCESS OF ARREST:
P-A-B-I- (Warrantless Arrest)
Police observation > Arrest > Booking
Investigation (Inquest by Prosecutor)
C-I-A-B- (Arrest w/ Warrant)
Complaint > Investigation (Preliminary
Investigation of a prosecutor) > Arrest > Booking
Types of Investigation:
(a) Inquest Proceeding -prosecutor evaluates
the reports or evidence submitted to determine if
the arrest is lawful
-proceedings follow in cases where persons are
arrested without the benefit of a warrant of arrest
-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
(b) Preliminary Investigation –prosecutor
evaluates the reports or evidence submitted to
determine if there is probable cause or whether
there is sufficient ground that a crime has been
committed
WARRANTLESS ARRESST (Citizen’s Arrest)
(1) IN FLAGRANTE DELICTO / CAUGHT
ON THE ACT
When in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense;
*Should comply with the element of immediacy
between the time of the offense and the time of
the arrest
*Attempting to commit becomes in flagrante
delicto when there is an overt act
Overt Act –activity of deed indicating the
intention to commit a particular crime, more than
a mere planning or preparation
Requisites to be valid:
-There must be a probable cause. The person to
be arrested must execute an overt act indicating
that he or she has just committed, is actually
>
committing, or is attempting to commit a crime;
and, such overt act is done in the presence or
within the view of the arresting officer.
(2) HOT PURSUIT
When an offense has in fact just been committed,
and he has personal knowledge of facts indicating
that the person to be arrested has committed it;
the policeman does not need to actually witness
the execution or acts constituting the offense. But
he must have direct knowledge, or view of the
crime, right after its commission.
Requisites to be valid:
-personal knowledge that the suspect committed
the crime
-probable cause; “an actual belief or reasonable
grounds of suspicion."
(3) ESCAPE PRISONER
When the person to be arrested is a prisoner who
has escaped from a penal establishment or place
where he is serving final judgment, or is
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement to another.
Types of Prisoners:
(a) Sentenced Prisoner-convicted (evasion of
service of sentence)
(b) Detained Prisoner –not yet convicted (no
addition of sentence)
"A person lawfully arrested may be searched for
dangerous weapons or anything which may have
been used or constitute proof in the commission
of an offense without a search warrant."
To be valid, the search must have been
conducted at about the time of the arrest or
immediately thereafter, and only at the place
where the suspect was arrested, or the premises
or surroundings under his immediate control.
MIRANDA WARNING
Miranda Arizona –the requirement that police
officers inform individuals under arrest of their
constitutional rights to remain silent and to know
that their statements can later be used against
them in court; that they can have an attorney
present to help them; and that the state will
provide an attorney if they cannot afford to hire
one.
*Right to be informed of all your rights, Right to
remain silent, Right to counsel
2. PROSECUTION PILLAR
(Investigation Pillar)
Prosecutor/Fiscal -official investigator; official
accuser
Role: to determine the probable cause
Prosecution (Pag-uusig) –officially accusing
or charging someone of committing a crime in a
law court
Complaint — 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. (submitted to the prosecutor)
Information — an accusation in writing charging
a person with an offense, subscribed by the
prosecutor and filed with the court. After
conducting a preliminary investigation
*Complaint on crime punishable lower than 4 years, 2
months and 1 day can go directly to the first level
courts since it does not need preliminary investigation
unless the said crime happened in chartered cities,
but does not necessarily need to conduct a
preliminary investigation
(complaint does not need to be filled in office of
the prosecutor and release information;
(complaint punishable lower than 4 years, 2
months and 1 day in chartered cities only need to
be filled in the office of the prosecutor to improve
the complaint, be refined, and become
information)
PROCESS OF PROSECUTION
C-I-A-B
1. Receive Complaint (Complaint from the
offended party or arresting officer; Prosecutor –
receiver)
2. Conduct Preliminary Investigation (to
determine if there’s the probable cause)
If probable cause is established by the
complainant's evidence, the prosecutor shall
notify the respondent by issuing a subpoena
requiring him to submit his counter-affidavit and
within 10 days from receipt of the subpoena to
defend himself
Clarificatory Hearing - if the prosecutor deems
that there are facts and issues to be clarified from
a party or a witness
The complaint will proceed to the filing of
information in court when the evidence makes the
prosecutor believe that:
*there’s a probability that a crime was committed
*there’s a probability that the respondent is the
one who committed the crime
*the respondent shall be charged in court
Quantum of Evidence the prosecutor needs in
determining the probable cause is if there are
sufficient evidences to make him believe that
there is a crime committed, and the respondent is
probably guilty thereof
Then the prosecutor shall issue a resolution
determining whether the complaint will be
dismissed, or whether there is probable cause to
hold the respondent for trial, then proceed to the
filing of information in court
3. Dismiss or File Information
P-A-B-I
1. Receive Complaint (complaint from a police
officer or private citizen)
2. Conduct Inquest Proceeding
determine if the arrest was lawful)
-the determination of the legality of arrest is also
the determination of the probable cause
-then the prosecutor shall issue a resolution
determining whether the complaint will be
dismissed, or whether there is probable cause to
hold the respondent for trial, then proceed to the
filing of information in court
*In an inquest proceeding, the respondent
doesn’t have the right to defend himself, only in
court. The only legal remedy is through filing a
request for preliminary investigation, but he
must first waive his right in Article 125 of the
RPC
The respondent can request a preliminary
investigation as it is part of his constitutional right
to due process of law
3. Dismiss or File Information
3. COURT PILLAR
ARREST WITH WARRANT
If the preliminary investigation conducted by the
prosecutor results in the finding that a crime has
been committed and there’s a probability that the
respondent is the one who committed the crime,
the prosecutor will then file the information with
the court. The judge will conduct a preliminary
examination to determine if there’s probable
cause. If there’s probable cause, the judge will
issue a warrant of arrest.
WARRANTLESS ARREST
If the findings of the inquest proceeding
conducted by the prosecutor shows that the
arrest was lawful as there is probable cause, the
prosecutor will then file the information with the
court. The judge will conduct a preliminary
examination to determine if there’s probable
cause. If the judge believes that the probable
cause determined in the inquest proceeding is
(to correct, then the judge will issue a commitment
order for the legality of the detention.
Commitment Order -a written order of the
court, or any agency authorized by law to issue,
entrusting an inmate to jail for the purpose of
safekeeping during the pendency of his/her case
If there’s no commitment order, the arresting
officer and/or prosecutor may be charged with:
Delay in the Delivery of Detained Persons to
the Proper Judicial Authorities (Art. 125, RPC)
–public officer detain a person for some legal
ground and fail to file a case to the proper judicial
authorities within a specific period of time
(Warrantless arrest) If the arrested person
committed a crime punishable by:
Light Penalty (30 days below) –arresting officer
shall fill the case within 12 hours
Correctional Penalties (1 month and 1 day to 6
years) - arresting officer shall fill case within 18
hours
Crimes punishable 6 years above - arresting
officer shall fill case within 36 hours
Arbitrary Detention (ART. 124, RPC) –public
officer detains a person without legal ground
Quantum of Evidence in Court: Proof beyond
reasonable doubt
BAIL - the security given for the release of a
person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before
any court as required under the conditions
hereinafter specified. Bail may be given in the
form of a corporate surety, property bond, cash
deposit, or recognizance
Bail is a matter of right or automatically granted
on crimes not punishable with reclusion temporal
below
Bail is discretionary for crimes punishable by
reclusion perpetua, life imprisonment, or death.
The court will determine first whether the
evidences are strong
*there’s no such crime as non-bailable; unless the
court, based on discretion, declares the case as
non-bailable, and those crimes are declared
under special law as non-bailable
HIERARCHY OF COURTS
TYPES OF COURTS JURISDICTION
Original Jurisdiction - the court that gets to hear
the case first
Appellate Jurisdiction -the power for a
higher court to review a lower court’s decision
Exclusive Jurisdiction -only that court can
hear a specific case
Concurrent Jurisdiction –two or more
courts have the power to hear the case
COURTS & THEIR CRIMINAL JURISDICTIONS
FIRST LEVEL COURTS
-METC (courts in NCR or Manila), MTCC (courts
in cities), MTC (courts in municipalities), MCTC
(courts that have jurisdiction over multiple cities)
-jurisdiction on cases punishable below 6 years
-EXCLUSIVE ORIGINAL JURISDICTION
SECOND LEVEL COURTS
-REGIONAL TRIAL COURT
-highest trial court in the Philippines
-also known as Courts of First Instance
-jurisdiction on cases punishable by 6 years and
above (EXCLUSIVE ORIGINAL JURISDICTION)
-can also review the judgment of lower courts
(EXCLUSIVE APPELLATE JURISDICTION)
Doctrine of Exhaustion of Administrative
Remedies -a person challenging an agency
decision must first pursue the agency’s available
remedies before seeking judicial review
(file motion for reconsideration before filing for
appeal)
SANDIGANBAYAN
-14 justices & 1 presiding justice
-also known as anti-graft court
-jurisdiction on cases related to RA 3019
–Anti-Graft & Corruption Practices Act; Plunder
such offenses committed by public officers and
employees listed under Republic Act 3019 and
those with salary grade 27 above
-EXCLUSIVE ORIGINAL JURISDICTION
COURT OF APPEALS
-cannot acquire original jurisdiction
-APPELLATE JURISDICTION
-68 justices & 1 presiding justice
-review judgments of cases from lower courts
SUPREME COURT
-cannot acquire original jurisdiction
-the highest court in the Philippines
-14 justices & 1 chief justice
-review judgment cases from lower courts
-EXCLUSIVE APPELLATE JURISDICTION
HOW DO THE COURTS ACQUIRE CRIMINAL
JURISDICTION?
JURISDICTION OVER SUBJECT MATTER
-use of impossible penalty
-the doctrine of continuing jurisdiction
-conferred by or by operation of law
-conferred by or by motu proprio
JURISDICTION OVER THE PERSON OF THE
ACCUSED
-by arrest or by voluntary submission/appearance
-by arraignment in case of trial in absentia
-custody of laws vs jurisdiction of the court
JURISDICTION OVER THE TERRITORY
-continuing offense
Injunction and Mandamus
JUDICIAL SYSTEMS
ADVERSARIAL- the role of the judge/court is to
be an impartial referee between the prosecution
and the defense
INQUISITORIAL –the judge/court actively
involved in investigating the facts of the case
COURT –a judicial institution has the authority to
adjudicate legal disputes between parties and
carries out the administration of justice in civil,
criminal, and administrative matters
JURISDICTION –power or authority of the court
to hear, try, and decide a case
ADJUDICATION/LITIGATION/COURT
PROCEEDING –a legal process by which a judge
reviews evidence and argumentation to come to a
decision
Contending Parties:
PROSECUTION
-complaints/victim, prosecutor, private lawyer,
police
DEFENSE
-accused/defendant, counsel de officio (public
lawyer), private lawyer (counsel de Parte)
1ST STAGE: ARRAIGNMENT
ARRAIGNMENT
–a formal reading of a criminal charging
document in the presence of the defendant to
inform the defendant of the charges against him
or her. In response to arraignment, the accused is
expected to enter a plea
-pagbasa ng sakdal
- RULE 115 of Rules of Court : Right to be
informed of the nature and cause of the
accusation against him
-the defendant is advised of the charges filed
against him as well as his legal and constitutional
rights. Afterward, he will be given an opportunity
to enter a plea of not guilty, guilty, or no contest
PLEA
-statement of the accused stating whether he’s
guilty or innocent in response to the offense
charge
The accused refuses to plead –not guilty
The accused pleads guilty but presents
exculpatory evidence – not guilty
Plea of guilty to the capital offense – the court will
find out the voluntariness of the accused;
court/judge will conduct its own search inquiry
whether such offense has been committed and
whether there is probable cause to believe the
accused was the guilty agent in its commission
(inquisitorial)
Judicial Confession - a confession made in a
legal proceeding; a plea of guilty made by the
accused in a fit state of mind to plead, before a
court that is competent to try him for the offense
charged
WHAT WILL HAPPEN AFTER THE PLEADING
OR ENTERING OF PLEA?
IF THE ACCUSED PLEAD NOT GUILTY
-proceed to trial
IF THE ACCUSED PLEAD GUILTY or GUILTY
TO LESSER OFFENSE
-no trial, proceed to judgment
*There will be no trial if the accused plead guilty.
The court will require the prosecution to prove his
guilt and the precise degree of culpability, then
proceed to judgment
counsel de oficio - counsel appointed by the
court to represent and defend the accused in
case he cannot afford to employ one himself.
Pre-Trial
-the stage of a court proceeding before the trial.
-part of adjudication used to expedite the
proceeding
IMPORTANCE: to allow the parties to explore the
possibility of an amicable settlement or a
submission to alternative modes of dispute
resolution. It is at this stage that even judges may
prompt and initiate compromise discussions
between the parties.
What happened during pre-trial?
(a) Plea Bargaining –the disposition of criminal
charges by agreement between the prosecution
and the accused usually the accused pleads
guilty to a lesser offense
-an agreement between the prosecution and the
defense whereby the defendant pleads guilty to a
lesser offense charged in exchange for more
lenient sentencing
(b) Stipulation of Facts -agreeing on the facts of
the case to clarify the issues involved and to
guide the court properly in making a judicious
decision
(c) Marking of Evidence -marking for
identification of evidence of the parties;
Evidences of complainant –Letters
Evidences of accused –Numbers
(d) Waiver of Objections to Admissibility of
Evidence
evidences that are illegally obtained shall not be
admissible in court (fruit of poisonous tree)
(e) Other Matters that will promote a fair and
expeditious trial
2ND STAGE: TRIAL
TRIAL
-continuation of the adjudication when the
accused did not plead guilty
-shall be not more than 180 days (can be
prolonged as long as there’s justification by the
court)
-if the trial exceeds 180 days, the accused can file
motion to dismiss the case on the grounds of
violation of the rights of the accused to a speedy
impartial trial under rule 115
*Dismissal is different from acquittal. Whereas, in
dismissal the accused could still be charge with
the same offense or the case can be open again
for trial while in acquittal the accused cannot be
charged with the same offense as it will fall under
double jeopardy
The PROSECUTION shall be the one to present
the evidence first because they have the
BURDEN OF PROOF
Burden of Proof –the duty of a party to present
evidence on the facts in issue necessary to
establish his claim or defense by the amount of
evidence required by the law (Doctrine behind:
Doctrine of Presumption of Innocence)
*when the prosecution was able to quash the
presumption of innocence through facts and
evidences presented, there will be proof beyond
reasonable doubt
Direct Examination – the prosecution examines the
witness of the complaint party presenting him on
the facts relevant to the issue
Cross Examination – the adverse party examined
the witness on the matters stated in the direct
examination, or connected
Reverse Trial
-the defense will present the evidences first
-happens when the accused claims a defense
Defense of Alibi –a claim by the defendant that
he or she was in another place when the crime
occurred; weakest defense
Defense of Insanity –a claim which the
defendant should be exonerated because he was
suffering mental incapacitation when he
committed the crime
Defense of Insticrime.gation –a claim by the
defendant that he or she would not have
committed the crime were it not for the
encouragement or compulsion of law
enforcement agencies (eg. buy bust operation,
entrapment operation)
Defense of Duress –a claim that the act was the
result, not for any intent on the part of the
accused, but of threats of loss of life, limb, or
loved one (self-defense, defense of relative,
defense of stranger)
Defense of Consent –a claim that the victim
consented to the act which the accused is
charged
Trial in Absentia
-the conduct of trial where the accused is not
physically present (the accused shall undergo
arraignment)
3RD STAGE: JUDGMENT
-verdict
-the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil
liability, if any
Equipoise Doctrine -states that when the
evidence of the prosecution and the defense are
so evenly balanced the appreciation of such
evidence calls for tilting of the scales in favor of
the accused
Promulgated Judgment:
When verdict is guilty –CONVICTION
When verdict is not guilty –ACQUITTAL
*Promulgation of Judgment is not same as Finality of
Judgment. Finality of Judgment only happens 15 days
after the Promulgation of judgment.
Time of Perfecting an Appeal -the 15 days interval
between the promulgation of judgment and finality of
judgment
APPEAL
-a proceeding for review by which the whole case
is transferred on the higher court
Court A Quo - the court from which an appeal
has been taken (court that rendered the
promulgated judgment)
Appellate Court - A higher court that reviews the
decision of a lower court when a losing party files
an appeal
*There will be no trial in Appellate Court
Affirmed –when the appellate court agrees or
supports the judgment of the court a quo
Reversed –when the appellate court did not
agrees on the judgment of the court a quo
Set Aside – when the appellate court annul or
negate the decision of court a quo, upon being
informed by a lawyer's motion that the lawsuit
was not settled (if there’s additional defense)
Modified –there’s changes in judgment of the
court a quo if there have been significant changes
in the circumstances since the judgment was
made
CORRECTION PILLAR
Aguste Comte – Father of Modern Sociology
Cesare Lombroso – Father of Modern
Criminology
Classical Period –focused on the act/crime
committed (punishment only)
Positivist Period –focused on the person who
committed the crime (looked for the reason why
the crime was committed) (punishment and
correction-rehabilitation/reformation)
Branches in Criminology
Sociology of Law –studying how to regulate
peoples’ actions to prevent such crimes; the
making of law
Criminal Etiology- the study of the causes of
crime; the breaking of law
Penology- Reaction of the society towards the
breaking of the law
PENOLOGY – the study of punishment
“Peno” (greek word – Poine; Latin word Poena)
-there’s no concept of rehabilitation back then
(pre-classical and classical period). When a
person committed a crime, he will be given
appropriate punishment (barbaric punishment),
unlike now there’s already a concept of
rehabilitation
-branch of Criminology that deals with the study
of control and prevention of crime through
punishment of criminal offenders
2 Fold Purpose of Imprisonment
-To Punish – (deterrence) in order to deter or to
frighten others
-To Rehabilitate –(reformation) in order for them
to reform, become a law abiding citizen again,
and be reintegrated in the society
CORRECTION –branch of Criminal Justice
System that deals with the study of control and
prevention of crime through rehabilitation of
criminal offenders
-the stage of serving of sentence, reformation,
rehabilitation and reintegration of offenders into
community
REFORMATION –the term being referred to in
corrections about the voluntary transformation of
individual lacking in social or vocational skills into
a productive, well-socialized citizen
“WE HAVE A SET OF GOOD LAWS IN OUR
COUNTRY, BUT THE ONLY PROBLEM ARE
THE IMPLEMENTERS”
Why CORRECTION is considered as the
WEAKEST PILLAR?
-because of its failure to deter individuals and
reform the offenders
PUNISHMENT –the redress that the state takes
against an offending member of society that
usually involves pain and suffering (eg.
imprisonment)
PENALTY –the suffering inflicted by the state
against an offending member for the
transgression of law (eg. reclusion perpetua)
CONTEMPORARY FORMS OF PUNISHMENT
Imprisonment , Parole, Probation, Fine, Destierro
JUSTIFICATION OF PUNISHMENT
RETRIBUTION –the punishment should be
provided by the state whose sanction is violate, to
afford the society or the individual the opportunity
of imposing upon the offender suitable
punishment as might be enforced. Offenders
should be punished because they deserve it.
EXPIATION/ATONEMENT –it is punishment in
form of group vengeance where purpose is to
appease the offended public or group
DETERRENCE –punishment gives lesson to the
offender by showing to others what would happen
to them if they violate the law (General
deterrence)
Specific Deterrence –punishment gives lesson to
the offender by showing to him what would
happen if he will commit another crime
INCAPACITATION & PROTECTION –the public
will be protected if the offender has being held in
conditions where he cannot harm others
especially the public
Punishment is effected by placing offenders in
prison so that society will be ensured from further
criminal depredations of criminals
REFORMATION & REHABILITATION –it is the
establishment of the usefulness and responsibility
of the offender. Society’s interest can be better
served by helping the prisoner to become law
abiding citizen and productive upon his return to
the community by requiring him to undergo
intensive program of rehabilitation in prison
INSTITUTIONAL CORRECTIONS
–center based; provides supervision and control
of the numerous institution facilities nationwide
which provide safekeeping and rehabilitation of
inmates
Government Agencies:
Department of Justice hold the Bureau of
Corrections which holds the National Prisons
(New Bilibid Prison, Iwahig Prison and Penal
Farm/Prison without walls, Correctional Institution
for Women, Sablayan Prison and Penal Farm,
Leyte Regional Prison, Davao Prison and Penal
Farm, San Ramon Prison and Penal Farm
(*National Prisoners-convicted & sentenced more
than 3 years)
Department of Interior and Local Government
holds the Provincial Government which holds
the Provincial Municipal Jails while Bureau of
Jail Management and Penology holds the
District Jails, City Jails, and Municipal Jails
Department of Social Welfare and
Development holds the Youth Rehabilitation
Center
NON INSTITUTIONAL CORRECTIONS
-community based; these are programs designed
to help an offender be reformed in the free
community
-method of correcting offenders without having to
go to prisons
-also known as Alternative Imprisonment or
Community-Based Corrections
Government Agencies:
Office of the President –gives PARDON
Department of Justice holds the Board of
Pardon and Parole which gives PAROLE
Court –gives PROBATION
(those offender given with PAROLE and
PROBATION will be under supervision of Parole
and Probation Administration which is also
under the Department of Justice)
Mittimus –warrant/court order directing a jail
officer to commit someone in prison
*sentence mittimus
*detention mittimus
JAIL –for convicted offenders sentenced to less
than 3 years of imprisonment
-confinement for awaiting trials
Types of Jail:
Lock Up Jail –Common to Police Stations which
confines those under investigation
Ordinary Jails –used to detain convicted criminal
to serve sentence less than 3 years
Workhouses/Jail Farms/Jail Camps –houses
offenders serving short sentence, undergoing
constructive work program
PRISON -for convicted offenders sentenced to
more than 3 years of imprisonment
Types of Prisoners:
Detention Prisoners –those who are detained
awaiting trial and judgment
Sentenced Prisoners –those who are serving
their sentence
For Safekeeping Prisoners –those who are
insane or incapable of protecting themselves
Types of Sentenced Prisoners:
National/Insular Prisoner -3 years and above
Provincial Prisoner -6 months to 3 years
City Prisoner -1 day to 3 years
Municipal Prisoner -1 day to 6 months
PROBATION –is a disposition whereby a
defendant after conviction and sentence is
released subject to conditions imposed by the
court and to the supervision of a probation officer
-only given once
-privilege; discretion by the judge
“Probare” which means “to prove”
-Presidential Declaration 968
-R.A. 1707
-convicted offenders who never served their
sentenced, they were released with subject to
conditions
-Who can apply? -those convicted offenders
sentenced to suffer imprisonment of not more
than 6 years
-Is it absolute that only those who are sentenced
for imprisonment of not more than 6 years are
allowed to apply for probation? –No, FIRST TIME
MINOR offender is exempted (Sec 70, R.A. 9165)
-Where to file Probation? –In the COURT that
TRIED & SENTENCED the convicted offender
-When to file Probation –After conviction within
the period of perfecting an appeal
-Is it absolute that only after conviction and within
perfecting an appeal is the only time allowed to
apply for Probation –No, minors or Child in
Conflict with the Law (CICL) (Sec 42, RA 9344
–PROBATION IS RIGHT BY CICL)
-What are the disqualifications for Probation
application?
a. Those who are sentenced to suffer
imprisonment of more than 6 years
b. Those who are previously convicted and
punished of more than 6 months & 1 day
imprisonment or a fine of not less than 1,000.00
c. Those who are previously granted probation
(P.D. 968)
d. Those who were convicted of crimes against
security of state
e. Those who were already serving their
sentenced when probation became applicable
(probation was approved around 1974-1976)
-Can judge’s decision over petition for probation
be appealed? –No
-How many times can probation be granted?
–ONLY ONCE
-What are the consequences if the probationer
committed a crime- Revocation of Probation,
Serving of original Sentence, Prosecution of
another crime
-Can the offender be released pending application
for probation?
a. On the same bond he filed during trial;
b. On a new bond;
c. To the custody of a responsible member of the
community if unable to file bond
-What are the authorities of the judge over the
Probation? Grant, Deny, Modify, Revoke,
Terminate
-How long is the period of Probation? –Not more
than 2 years if the sentence is imprisonment for 1
year or less. Not more than 6 years if the
sentence is imprisonment for more than 1 year
but not more than 6 years
-What are the rules on change of residence? -the
probationer must file a request for a change of
residence at the city or provincial Parole and
Probation Officer for court approval. If approved,
the RTC which has jurisdiction over the place
shall have full control of the probationer
-When is Probation terminated?
a. After satisfactorily completing the probation
period.
b. Before the expiration of period (when the judge
modifies the probation period) (at least 1/3 of the
imposed period not less than 6 months).
c. When pardoned.
d. When deported.
e. Death
PAROLE –conditional release of an offender from
a penal institution after he has served the
minimum period of his prison sentence
-can be given more than once
“Parole d’ honneur” which means Word of Honor
Act 4103 –The Indeterminate Sentence Law
Approved: Dec 05, 1933
-Determinate Sentence –the criminal must serve
the entire sentence. The date of release remains
subjective
-Indeterminate Sentence –a criminal will serve a
range of years as determined by the judge
-Who grants Parole? –The Board of Pardons &
Parole (BPP)
-What are the disqualifications for Parole
application?
a. Those convicted of an offense are punished
with the Death Penalty, Reclusion Perpetua, or
Life Imprisonment
b. Those convicted of treason, conspiracy or
proposal to commit treason, misprision of treason,
rebellion, sedition, coup d’etat, or espionage
c. Those convicted of piracy or mutiny on the high
seas or Philippine waters
d. Those who are habitual delinquents
e. Those who escaped from confinement or
evaded sentence
f. Those who were granted Conditional Pardon
and violated any of the terms thereof
g. Those whose maximum term of imprisonment
does not exceed one (1) year or those with a
definite sentence
h. Those suffering from any mental disorder as
certified by a government
psychiatrist/psychologist
i. Those whose conviction is on appeal
j. Those who have pending criminal case/s
-How many times can a Parole be granted?
–More than once
PARDON –refers to an act of executive clemency
by a head of state for the purpose of exempting
an individual from the punishment imposes upon
him by the court of law
Absolute Pardon –granted without any condition,
wipes away the guilt of the pardonee and makes
himself innocent as if he has not committed any
crime
Conditional Pardon –granted with the condition
imposed
-What are the instances where Pardon cannot be
exercised by the President?
a. it may not be exercised for impeachment cases
b. it may be exercised only after conviction by
final judgment
c. it may not be exercised over civil contempt
d. In case of violation of election law
e. it cannot be exercised to violation of tax laws
-Pardon is an act of GRACE
-Pardon can be granted to INDIVIDUAL person
-Can be avail after conviction
-EFFECT: relieves offender from the
consequence of the offense. Act of
FORGIVENESS
AMNESTY –is a general pardon extended to a
group of persons generally exercised by the Chief
Executive without the concurrence of congress
-Amnesty is an act of OBLIVION
-When can an amnesty be granted? –Before,
during, and after the trial or even after conviction
-Amnesty can be granted to a GROUP of
persons, usually political offenders
-EFFECT: it puts into nothingness the offense of
which one is charged so that the person as if he
had never committed the offense. Act of
FORGETFULNESS
KATARUNGANG PAMBARANGAY
R.A. 7160 –The Local Government Code of 1991
Date of Approval –October 10, 1991
Date of Effectivity –January 01, 1992
Chapter VII Sec 399-Sec 422 –Katarungang
Pambarangay
LUPON –Lupong Tagapamaya
-shall be created in each Barangay which
consists of 10-20 members that decide disputes
and any other matters and execute the
Katarunang Pambarangay (Sec 399-a, R.A.
7160)
Chairman of the Lupon –Punong barangay (Sec
399-a, R.A. 7160)
-Who proposes members for the constitution of
the Lupon? –A notice to constitute the lupon,
which shall include the names of proposed
members who have expressed their willingness to
serve, shall be prepared by the punong barangay
within the first fifteen days from the start of his
term of office. Such notice shall be posted in 3
conspicuous places in the barangay continuously
for a period of not less than 3 weeks
-Shall there be another posting of the list of
appointed members of the Lupon? –The list of
appointed members shall be posted in three
conspicuous places in the barangay for the entire
duration of their term of office. (Sec 299-e, R.A.
7160)
-When and Where shall the members of the
Lupon take oath? –Upon appointment, each
lupon member shall take an oath of office before
the punong barangay (Sec. 400, R.A. 7160)
-What shall be done after resignation, transfer of
residence or place of work, or withdrawal of
appointment by members of the Lupon? –The
punong barangay shall immediately appoint a
qualified person who shall hold office only for the
unexpired portion of the term (Sec 401, R.A.
7160)
-Should the members of the Lupon meet even
without dispute to be settled? –Yes. To provide a
forum for the 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 (Sec
402-b, R.A. 7160)
-How many times should the Lupon meet for an
exchange of ideas regarding amicable
settlement? -Once a month. (Sec. 402-b, R.A.
7160)
-Who acts as the secretary of Lupon? -Barangay
secretary. (Sec. 403, R.A. 7160)
PANGKAT
There shall be constituted for each dispute
brought before the lupon a conciliation panel to
be known as the pangkat ng tagapagkasundo,
hereinafter referred to as the Pangkat, consisting
of three (3) members who shall be chosen by the
parties to the dispute from the list of members of
the lupon. (Sec. 404-a, R.A. 7160)
-What will happen if the parties failed to agree on
the Pangkat membership? -Drawing lots by the
Lupon chairman. (Sec. 404-a, R.A. 7160)
-Who shall be the chairman and the secretary of
the Pangkat? -The three (3) members constituting
the pangkat shall elect from among themselves
the chairman and the secretary. (Sec. 404-b, R.A.
7160)
- Who shall choose to occupy any vacancy in the
Pangkat? -Any vacancy in the pangkat shall be
chosen by the parties to the dispute from among
the other lupon members. (Sec. 405, R.A. 7160)
- What will happen if the parties failed to agree on
choosing the person to occupy Pangkat vacancy?
-Drawing lots by the Lupon chairman. (Sec. 405,
R.A. 7160)
- What is the character of office and service of the
Lupon members? -Considered as PERSONS IN
AUTHORITY while in the performance of official
duties. (Sec. 406-a, R.A. 7160)
- Are Lupon members compensated? -NO. Only
incentives and allowances. (Sec. 406-b, R.A.
7160)
Amicable settlement -The polite and friendly
settlement of a dispute that satisfies both parties
Which are not subjects for amicable settlement?
1. Where one party is the government or any
subdivision or instrumentality thereof. (Sec.
408-a, R.A. 7160)
2. Where one party is a public officer or
employee, and the dispute relates to the
performance of his official functions. (Sec. 408-b,
R.A. 7160)
3. Offenses punishable by imprisonment
exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00). (Sec. 408-c, R.A.
7160)
- Examples of Offenses punishable by the
Revised Penal Code cognizable by the Lupon
1. Alarms and Scandals
2. Use of false certificates
3. Concealing one’s true name and other personal
circumstances
4. Physical injuries committed in a tumultuous
affray
5. Slight physical injuries and maltreatment
6. Other forms of trespass
7. Other light threats
8. Other light coercion or unjust vexations
9. Some forms of thefts
10. Altering boundaries or landmarks
11. Other deceits
12. Arson of property of small value
13. Social cases of malicious mischief
14. Other mischiefs
15. Slight slander
16. Slander by deed not of a serious nature
17. Intriguing against honor
18. Theft, swindling, or malicious mischief
committed or caused mutually by certain
relatives,
4. Offenses where there is no private offended
party. (Sec. 408-d, R.A. 7160)
5. 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. (Sec. 408-f, R.A. 7160)
What are the jurisdictions of Katarungang
Pambarangay?
1. Disputes between persons actually residing in
the same barangay shall be brought for amicable
settlement before the lupon of said barangay.
(Sec. 409-a, R.A. 7160)
2. Those involving actual residents of different
barangays within the same city or municipality
shall be brought to the barangay where the
respondent or any of the respondents actually
resides, at the election of the complainant. (Sec.
409-b, R.A. 7160)
3. Those arising at the workplace where the
contending parties are employed or at the
institution where such parties are enrolled for
study, shall be brought to the barangay where
such workplace or institution is located. (Sec.
409-d, R.A. 7160)
Note: Objections to venue shall be raised in the
mediation proceedings before the punong
barangay; otherwise, the same shall be deemed
waived. (Sec. 409, R.A. 7160)
What should be the form of initiating amicable
settlement proceedings for a cause of action
against anyone?
Either oral or in writing. (Sec. 410-a, R.A. 7160)
Who shall act first as mediator upon receipt of the
action and How?
The Lupon chairman.
Day after the receipt of action – summons the
respondent(s) and notice the complainant(s) and
their witnesses to appear before him.
If the mediation efforts failed within 15 days after
the first meeting, the constitution of the Pangkat
shall be made. (Sec. 410-b, R.A. 7160)
What is the period where the Pangkat shall arrive
at a settlement?
The pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15) days
from the day it convenes in accordance with this
section.
This period shall, at the discretion of the pangkat,
be extendible for another period which shall not
exceed fifteen (15) days, except in clearly
meritorious cases. (Sec. 410-e, R.A. 7160)
What shall be the form of settlement?
All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed
by them, and attested to by the lupon chairman or
the pangkat chairman, as the case may be. (Sec.
411, R.A. 7160)
What are the instances where disputes under the
jurisdiction of the Lupon can be filed directly in
court?
1. There has been a confrontation between the
parties before the lupon chairman or the pangkat.
(Sec. 412-a, R.A. 7160)
2. That no conciliation or settlement has been
reached as certified by the lupon secretary or
pangkat secretary as attested to by the lupon or
pangkat chairman.(Sec. 412-a, R.A. 7160)
3. The settlement has been repudiated by the
parties thereto. (Sec. 412-a, R.A. 7160)
Arbitration, a form of alternative dispute
resolution, is a way to resolve disputes outside
the courts. The dispute will be decided by one or
more persons, which renders the
“arbitral/arbitration award”.
When can the parties agree to arbitration?
At any stage of the proceedings. (Sec. 413-a,
R.A. 7160)
When can the parties repudiate the agreement to
arbitration?
Within 5 days from the date of the agreement.
(Sec. 413-a, R.A. 7160)
What will happen if there’s no repudiation made?
The arbitration award shall be made after the
lapse of the period for repudiation and within ten
(10) days thereafter. (Sec. 413-a, R.A. 7160)
Shall the proceedings be made open to the
public?
YES. Except upon request of a party with the
approval of the Lupon/Pangkat chairman if the
proceeding needs privacy, decency, and public
morals. (Sec. 414, R.A. 7160)
May the party not appear during proceedings and
be represented by his counsel or any
representative?
NO. The party must appear in person without the
assistance of counsel or representative. (Sec.
415, R.A. 7160)
May the party (minor/incompetent) not appear
during proceedings and be represented by his
counsel or any representative?
YES. He may not appear and be represented or,
if he appears, may be assisted by his next-of-kin
who is not a lawyer. (Sec. 415, R.A. 7160)
When may a lawyer appear before the Lupon for
an amicable settlement?
If he is one of the parties having a dispute.
When shall an amicable settlement or arbitration
award be repudiated by the party?
Within 10 days from the date of settlement. (Sec.
417, R.A. 7160)
Salient Features of R.A. No. 9344
(CAR) Children At Risk (those who haven’t yet
committed a crime) –given a secondary
intervention program to prevent them from
committing a crime
-children vulnerable to create crime
*abuse child, neglected child, abandoned child,
child w/ broken child street child, out of school
child, a child living in a community with a high
crime rate, a child living in a community with
armed conflict
(CICL) Child In Conflict with the Law (those
children at risk who committed a crime)
The Law Enforcers will have Initial Contact with
the Child. Determine the Age within less than 8
hours.
If 15 years old and below –released since
MINOR/15 years old and below, whatever crime
committed –no criminal responsibility. Will only
undergo tertiary intervention to prevent
recommitting crimes
If above 15(15 years old & 1 day) and below 18
–will be turned over to Local Social Welfare and
Development (LSWD) to determine if there’s
discernment (the ability to distinguish what is
right and wrong). If it was proven there’s no
discernment, the child has no criminal
responsibility
For those 15 years old and below 18 CICL who
committed a crime with a punishment of
below 12 years and with discernment will
undergo diversion (alternative, child-appropriate
process of determining the responsibility and
treatment of a child in conflict with the law without
resorting to formal court proceedings.
Pagkakasunduin).
Diversion for crimes punishable by 1 year and
below, will be in Barangay Level;
Diversion for crimes punishable by more than 1
year but below 6 years, will be in Law
Enforcement Level
Diversion for victimless crimes will be in Local
Social Welfare and Development.
If still not reconciled, can still proceed to
Prosecution Level for reconsiderations
(pagkakasunduin pa rin)
Diversion for crimes punishable by above 6 years
but below 12 years, will be in Court Level (judge
will mediate, pagkakasunduin)
If all levels were exhausted for diversion but
there’s still no reconciliation it will then proceed to
proceedings (with arraignment)
*Delinquency Proceedings -adjudication
*Initial Appearance –arraignment or Preliminary
Hearing
*Disposition –judgment
Those 15 years old and below 18 CICL who
committed a crime with a punishment of 12
years and above will also undergo
prosecution.
If disposition is guilty, an automatic suspension
of sentence and will be taken to Youth
Rehabilitation Center and will be given
disposition measures for rehabilitation, then if
after several years, the CICL will serve his
sentence upon reaching 21 years old if he didn’t
fulfill the rehabilitation program, if fulfilled the
CICL will not serve the sentence anymore and will
be released but is still under aftercare (tertiary
intervention) for 6 months