J-CJED111

PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 6
COMMUNITY

COMMUNITY

The community refers persons, homes, family, government, schools, churches, etc. in charged with
molding another and reintegrating offenders.

THE COMMUNITY PILLAR OF THE PCJS

• Community – represent the entire people cohesively organized and mobilized in synchronized energy with
the government to help in the decision making and participatory criminal justice administration
involvement to effectively address the law and order concern of the society and its people.

ROLE OF THE COMMUNITY IN THE CRIMINAL JUSTICE SYSTEM

The community is understood to mean as “elements that are mobilized and energized to help authorities
in effectively addressing the law and order concern of the citizenry.”

MAIN FUNCTIONS OF THE COMMUNITY PILLAR

1. Participation in the police disciplinary mechanism through the People’s Law Enforcement Board (PLEB).
2. Participation in the settlement of dispute through the Katarungang Pambarangay or “Lupons”
3. Participation in law enforcement and policing through police-community partnership in crime prevention,
investigation and deterrence.

PEOPLE’S LAW ENFORCEMENT BOARD

It is a disciplinary machinery of the Philippine National Police (PNP).

COMPOSITION OF THE PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)

As amended in Section 43 of RA No. 6975 amended by RA 8551, the PLEB shall be composed of the
following:
• One (1) Sangguniang Panglungsod/Bayan representative.
• One (1) representative from the Association of Barangay Captains of the city of municipality.
• Three (3) individuals from the community known for their probity and integrity:
o one must be a woman.
o member of the BAR, or, in the absence thereof,
o college graduate, or
o principal of the central elementary school

The Chairman of the PLEB shall be selected from its members.

PRIMARY FUNCTION OF THE PLEB

Hear and decide administrative cases filed by the citizens against erring PNP personnel.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM

CREATION OF PLEB

R.A 6975 created the PLEB to hear and decide citizens’ complaints and case against an erring officer and
members of the PNP. This is so, in order to check abusive and misfits in the organization who destroy whatever
trust has been gained by the police from the community.

OFFENSES WITHIN THE JURISDICTION OF THE PLEB

(RULE 21, SECTION 1, NAPOLCOM MEMORANDUM CIRCULAR NO. 2017-154)

1. Neglect of Duty
2. Irregularities in the Performance of Duty
3. Misconduct
4. Dishonesty
5. Conduct Unbecoming of a Police Officer
6. Incompetence
7. Oppression
8. Disloyalty to the Government

PENALTIES THAT MAY BE IMPOSED TO ERRING POLICEMENT

(RULE 21, SECTION 1, NAPOLCOM MEMORANDUM CIRCULAR NO. 2017-154)

1. Reprimand
2. Withholding of privileges
3. Restriction of specified limits
4. Restrictive custody
5. Forfeiture of salary
6. Suspension
7. Any combination of above mentioned penalties
8. One (1) rank demotion
9. Dismissal from the service

FILING A CASE AGAINST AN ERRING POLICE OFFICER

Any person can file a case or complaint against an erring police officer at the PLEB Office located within
the Local Government Unit (LGU) where the alleged abuses were committed.

The complaint shall contain the following:

• Full name, address and contact information of the complainant
• Full name, rank and station or assignment of the respondent/s
• A narration of the Material facts (the place, date and time of commission of the offense)

The complaint shall be supported with the following:

• Affidavits of witnesses (if any)
• Certificate of non-forum shopping
• All other documentary evidence
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PHILIPPINE CRIMINAL JUSTICE SYSTEM

KATARUNGANG PAMBARANGAY LAW BARANGAY JUSTICE SYSTEM

• R.A. 7160 - The Local Government Code of the Philippines. Sections 399 – 422 it deals with Katarungang
Pambarangay.
• PD 1508 - PD 1508 was enacted and it provided a procedure on amicably settling disputes in the barangay
level.
• Barangay - The barangay, as the basic political unit. Serves as the primary planning and implementing
unit of government policies, plans, programs, projects, and activities in the community, and forum wherein
the collective views of the people may be expressed, crystallized and considered, and where disputes may
be amicably settled.
• Officials and Offices:
o Punong Barangay
o Seven (7) Sangguniang Barangay Members
o Sangguniang Kabataan Chairman
o Barangay Secretary
o Barangay Treasurer
o Lupong Tagapamayapa

KATARUNGANG PAMBARANGAY

Barangay Justice System is a community-based dispute settlement mechanism that is administered by the
basic political unit of the country, the barangay. As a community based mechanism for dispute resolution. It
covers disputes between members of the same community and involves the Punong Barangay and other members
of the communities (the Lupon members) as intermediaries (mediators, conciliators, and, sometimes, arbitrators).

OBJECTIVES OF KATARUNGANG PAMBARANGAY

• To promote speedy administration of justice.

• To perpetuate the time-honored tradition of setting disputes amicably for the maintenance of peace and
order.
• To implement the constitutional mandate, preserve and develop Filipino Culture.
• To relieve the courts of docket congestion and thereby enhance the quality of justice dispense by them.

TERMINOLOGIES

• Amicable Settlement – an agreement reached during mediation and conciliation proceedings. All amicable
settlement shall be in writing.
• Complainant – the person who filed the complaint against the respondent.
• Respondent – the person who is being complained of.
• Cause of Action – an act or omission of one party in violation of the legal rights of another.
• Mediation or Conciliation – the process whereby disputants are persuaded by the Punong Barangay or
Pangkat to amicably settle their disputes.

LUPON TAGAPAMAYAPA

It is a body of men created to settle disputes within the barangay level. It is also referred to as the Lupon.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM

LUPON

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

QUALIFICATION OF THE LUPON

• Any resident of the barangay of reputable character may be appointed as member of the Lupon.
• Members of the Lupon shall be appointed by the Barangay Chairman. The Lupon shall be constituted
every three years.

PANGKAT TAGAPAGKASUNDO

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

INITIATE PROCEEDINGS OF COMPLAINT

Any individual who has a cause of action against another individual involving any matter within the
authority of the Lupon may complain, orally or in writing, to the Lupon.

PROCEDURE UPON RECEIPT OF THE COMPLAINT

The Chairman shall meet with the respondent and complainant and mediate. If he fails in his mediation
within fifteen (15) days, he shall set a date for the constitution of the Pangkat. The Pangkat shall meet not later
than three (3) days after their constitution, on the date set by the Chairman, to hear both parties.

The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting.

This period may be extended for another fifteen (15) days, at the discretion of the Pangkat.

REASON FOR THE PARTIES TO AMICABLY SETTLE

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

Take Note:
By the express provision of law, parties must not be assisted by counsel in pambarangay proceedings.
Minors and incompetents are assisted by next-of-kin who are not lawyers.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM

COMMUNITY POLICING

Refers to a police community partnership and proactive, problem solving approach to the police functions.

THE RESPONSIBILITIES OF THE COMMUNITY IN RELATION TO LAW ENFORCEMENT

As one of the pillars or component of the Criminal Justice system, the community with its massive
membership has vital responsibilities in law enforcement.

The citizens can achieve these roles:

a. identifying offenders
b. giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized
crimes and syndicate
c. volunteering as witnesses
d. adopting precautionary and remedial measures to diminish crime

As had been pointed out, crime prevention is not the sole responsibility of the police but is equally the
concern of every citizen in order to have a peaceful place to live in.

EXAMPLES OF COMMUNITY PARTICIPATION IN THE ADMINISTRATION OF CRIMINAL

JUSTICE IN OUR SETTING

The growing interest in the rights and welfare of the victim as shown by the government with the
cooperation of community leaders. Accordingly, R.A. No. 6981, otherwise known as the “Witness protection and
Security Act” was passed and approved on April 24, 1991. This is to encourage the citizenry to participate in the
Criminal Justice System by helping the government and The community in dealing with crime and criminals.

THE CREATION OF POLICE-COMMUNITY RELATIONS

R.A. 6975, created this unit in order to implement plans and programs that will promote community and
citizens’ participation in the maintenance of peace and order and public safety. It was created to establish
harmonious relationship between the police and the citizen. The community involvement in the criminal justice
system is necessary to show its problems and encourage action for the solution thereof. It is clear that the police
and the citizens need each other to combat and eradicate criminality.

ACHIEVEMENT OF POLICE-COMMUNITY RELATIONS

This can be done through:

Constant dialogues between seminars to acquaint the barangay tanods and the police aides of their duties
and responsibilities in the performance of their functions in the community. The police must follow the rule of
law on dealing with the citizens by performing their duties in a humble and efficient manner and by showing the
public goodwill.

TWO-FOLD OF THE COMMUNITY IN THE CJS

Civic duty and responsibility to participate in law enforcement activities by being partners of the police
officers in reporting the crime incident and helping in the arrest of the offender.

Civic duty and responsibility to participate in the promotion of peace and order through crime prevention
and in the rehabilitation of convicts for their eventual reintegration to society.
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PHILIPPINE CRIMINAL JUSTICE SYSTEM

COMMUNITY BASED CRIME PREVENTION PROGRAM

• Reinforcing the home and family life

• Educational improvement
• Health Improvement
• Involvement of religion
• Involvement of mass media
• Involvement of other community group services
• Citizen’s involvement as a whole
• Coordination of community crime prevention activities

FACTOR HAMPERING THE COMMUNITY INVOLVEMENT IN THE CJS

• Ignorance or lack of information on the part of the public

• Lack of effective networking and coordination between the community and other pillars of the criminal
justice system and between various community agencies/organizations
• Lack of strong and dynamic leadership
• Public apathy and indifference
• Financial constraints

REASON COMMUNITY MEMBERS SHOULD BE CONCERNED IN CJS

The members of the community should be concerned about the CJS because it affects life, liberty,
properties, work or activities and threatens the cohesion and relationship in the community.

It should now be evident that the Philippine Criminal Justice System is not just the agencies charged with
law enforcement; not just the prosecution arm of the government; nor just the courts; nor just the correctional
system, nor just the community. The Criminal Justice System is all of these "pillars" considered collectively.

So also, it should now be obvious that, for an effective Criminal Justice System to work speedily, it is
essential for all these five (5) pillars to work with dispatch and in full coordination with each other. Any perceived
failure of the CJS in a particular given case due to some deficiency in one pillar cannot be blamed upon any of
the other pillars.