INTRODUCTION

TO CRIMINAL
JUSTICE SYSTEM

CLJ1
COMPILATION

Compiled by:
JUAN, JOVAN L.

Instructor:
NGINSAYAN, MYLENE

INTRODUCTION TO
CRIMINAL JUSTICE SYSTEM
Lesson 1: Definition of Terms and Legal Classification of Crimes

I. Objectives: At the end of this lesson, you should be able to:

A. Cite the important definitions involving Criminal Justice System,
B. Classify crimes based from its legal classifications.

II. Lesson Proper:

DEFINITION OF TERMS:
1. Criminal-a person convicted of crime by final judgment
2. Crime-an act or omission punishable by law forbidding or commanding it.

Legal Classification of crime:

a. According to law punishing it:
 Felony
 Offense
 Violation or obstruction of justice

b. According to presence or absence of intent

 Intentional crimes
 Culpable crimes

c. According to gravity
 Grave
 Less-grave
 Light felonies

d. According to the impact to the society

 Crimes mala in se-the act is evil in itself, that without the law prohibiting it,
it is considered as wrong from the beginning such as the crime of rape,
murder, homicide, parricide, infanticide, etc.
 Crimes mala prohibita-the act is only considered as a crime since it is
prohibited by a certain law such as the crime of illegal possession of
firearms, use of illegal drugs, etc.

e. According to the presence or absence of attempted and frustrated stage

 Formal crimes-when an act or a crime is consummated in just one instant
such as the crime of arson
 Material crimes-crime is committed in different stages due to some reasons
attending its circumstances
a. Attempted
b. Frustrated
c. Consummated

The crime of rape which is originally defined as the crime against chastity under the
Revised Penal Code (Act no. 3815) but under the new law, it was a crime against person
and that there is no frustrated stage, only attempted and consummated.

The judgment of conviction becomes final in any of the following instances:

a. After the lapse of 15 days to appeal
b. When the accuse waives his right to appeal
c. When the accuse applies for probation
d. When the case is decided with finality by the supreme court and when the right to
file a motion for reconsideration is closed.

JUSTICE
Justice-act of rendering what are due or treating persons equally. The fact of
criminal justice system that search for justice is based on perseverance. This means that
justice cannot be attained in just instant. Sometimes the victim and the accused may suffer
physically, emotionally and financially to find out later that their suffering are useless.
 SYSTEM

 System-a combination of related elements organized into a complete whole. It also

refers to the process to be followed.

 The Criminal Justice System-is the machinery which the society uses in the
prevention and control of crime. It may also refer to the totality of activities of law
enforcement, prosecution, court, correction and the community in crime prevention
and control of crime.

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

1. Law Enforcement
 They are the prime mover the criminal justice system since a case cannot be
initiated without as the frontline. They conduct arrest, search, seizure, and
investigation etc.

2. Prosecution
 They are conducting preliminary investigation to determine the existence of
probable cause. They may also inquest proceeding to determine the validity of the
arrest of the person who allegedly commit a crime. If it finds out that there is a
probable cause in a preliminary investigation or if the arrest is valid in the inquest
proceeding, it may execute an information to be filed in court.

3. Court
 The court conducts trial to determine whether the accused is is guilty or innocent of
a charge.

4.Correction
 The pillars that reforms and rehabilitate offenders. This is known as the weakest
pillar of the criminal justice system because of its failure to perform its purpose.

5. Community
 The one that molds persons from birth and reintegrates offenders back to their
home. This known as the core of the Criminal Justice System.

Lesson 2: Law Enforcement

Objectives: At the end of the lesson, you should be able to:

a. Understand and elucidate the basic activities of the law enforcement in
relation to violation of law.
b. Provide detailed explanations of the different functions and activities of the
law enforcement as the first pillar of the criminal justice system.

I. Lesson Proper:

THE LAW ENFORCEMENT

The law enforcement is the prime mover of the criminal justice system that has
different activities in serving the public and the country. They are specifically in charge of
maintaining peace and order through the proper performance of their job as enforcers of
the law. They are considered as the public trust endowed with public faith, therefore, they
are required to maintain and show high degree of morality and ethical standards at all
times.

The formula of crime:

Crime=Desire + Opportunity
Resistance
Explanation:
 If the combination of Desire and Opportunity is stronger than the
Resistance, crime will be committed
 If the combination of Desire and Opportunity is weaker than the Resistance,
crime will not be committed

1. PREVENTION OF CRIME
This the activity of the police in preventing the root causes of crime either in a
reactive or proactive manner. In this line of activity, in the formula of crime, the police are
strengthening the resistance of the person and weakening the desire of the person in
committing crime.

2. REPRESSION OR SUPPRESSION OF CRIME

It is done to reduce the opportunity of committing crime like the act of conducting
patrol.

3. APPREHENSION OF OFFENDERS
It refers to the arrest of offenders either by virtue of a warrant or without warrant
in cases of in flagrante delicto (caught in the act of committing a crime).

Arrest
It is defined as the personal taking of a person into custody in order that he may be
bound to answer for the commission of an offense. It is made by the actual restraint of the
person to be arrested or by his submission to the custody of the person making the arrest.
However, there are rules to be considered in conducting the arrest:
a. No violence or unnecessary force shall be used in making an arrest
b. The person arrested shall not be subject to a greater restraint than that necessary
for his detention.
c. It shall be the duty of the officer executing the warrant to arrest the accused and
deliver him to the nearest police station or jail without unnecessary delay.
d. The head of the office to whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within ten (10) days from its receipt. Within
ten (10) days after he expiration of the period, the officer to whom it was assigned
for execution shall make a report to the judge who issued the warrant. In case of
his failure to execute it, he shall the reason therefore;

Note:
 The Warrant of Arrest has no expiration. It shall remain valid even how many years
has lapsed unless the person named on it died or was already arrested.
 The most common overlooked matter in the conduct of arrest are those mentioned
above since it may be the reason for the dismissal of the case, not by reason of lack
of evidence but by technicality, improper performance of duty (malfeasance).
  An arrest may be made at any time of the day and night. This is for the reason that
a person spotted on different location at any time may be arrested to avoid
possibility of escape especially if the suspect is at large.

The Warrant of arrest

An order in writing issued in the name of the people of the Philippines, signed by a
judge and is directed to a peace officer, commanding him to arrest a person or persons
stated therein and deliver them before the court. If the true name of the person to be
arrested is not known, a warrant should be issued under the name of John Doe/ Richard
Doe for male and Jane Doe for female. This is to satisfy the constitutional right of
particularity if only if the person to be arrested is sufficiently described which will enable
the arresting officer to identify him.

Requisites of a valid warrant of arrest:

a. It shall be issued upon probable cause
b. The probable cause is to be determine personally by the judge upon examination
under oath or affirmation of the complainant and the witnesses she may produce.
c. Particularly describing the person to be arrested.

As a rule, every arrest must be done by virtue of a warrant of arrest but there is an
exception to this rule which is the warrantless arrest or otherwise known as “citizen’s
arrest” an instance where a private person may conduct arrest. The circumstances of the
warrantless arrest to be valid are the following:
 When in the presence of the arresting person, the person to be arrested has
committed, is actually committing or attempting to commit an offense;
 When an offense has just been committed and the arresting person has probable
cause to believe based on personal knowledge of facts and circumstances that the
person to be arrested committed it; and
 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 (fugitive of justice).

In the conduct of arrest by virtue of a warrant, there are methods being followed by a
police officer. In making the said arrest:
 The officer shall inform the person to be arrested of the cause of arrest and
the fact that a warrant has been issued for his arrest, except when he flees
or forcibly resist before the officer has opportunity to so inform him, or
when the giving of such information will imperil the arrest.
 The officer need not have the warrant of arrest in his possession at the time
of arrest but after the arrest, if the arrested person so requires, the warrant
shall be shown to him as soon as practicable.

In case of conducting arrest without a warrant by a police officer, he shall inform:

 the person to be arrested of his authority
 the person of the cause of arrest unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has
escaped, flees or forcibly resist before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.

In case of conducting arrest without a warrant by a private person he shall inform:

 the person of the intention to arrest him
 the person of the cause of arrest unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has
escaped, flees or forcibly resist before the officer has opportunity to so inform him,
or when the giving of such information will imperil the arrest

Hot Pursuit/ Fresh Pursuit

The term that refers to the pursuit or retaking of a person who was lawfully
arrested but has escaped made by any person at any time and in any place within the
Philippines.
Rights of Police Officers conducting arrest
a. Right to summon assistance
An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest when he can render such assistance
without detriment to himself.

b. Right to break into building or enclosure

An officer, in order to make an arrest either by virtue of a warrant or without a
warrant, may break into building or enclosure where the person to be arrested s or is
reasonably believed to be, if he is refused admittance thereto, after announcing his
authority and purpose.

c. Right to break out from building or enclosure

Whenever an officer has entered a building or enclosure to conduct arrest, he may
break out therefrom when necessary to liberate himself.

Rights of arrested persons (Philippine constitution, Rules of court, R. A 7438)

 Right against torture, force, intimidation and the like
 Right to be visited and conferred privately with his lawyer in the jail or other place
of custody at any hour of the day and night, subject to reasonable regulations.

Crimes committed by a police officer in the conduct of arrest with or without a

warrant
a. Delay in the Delivery of Arrested Persons to the Proper Judicial Authorities
This is committed by a public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such person to the proper judicial authorities within
the following period of time:
 12 hours for crimes punishable by light penalties
 18 hours for crimes punishable by correctional penalties
 36 hours for crimes punishable by afflictive or capital penalties

b. Unlawful arrest
This is committed by any person who in any case other than those authorized by law,
shall arrest or detain another for the purpose of delivering him to the proper judicial
authorities.

Note: If the arrest is not authorized by law and person arrested is delivered to any place
other aside from jail or police station, the arresting officer is liable for the crime of
Kidnapping.
If the arresting person detains the arrested person without legal ground, he may be liable
of either:
 Illegal detention-if the detaining person is a private person
 Arbitrary detention- if the detaining person is a public officer or employee

c. Expulsion
This is committed by any public officer or employee who, not being authorized by law,
shall expel any person from the Philippine islands or shall compel such to change his
residence.

4. CONDUCT SEARCH AND SEIZURE

The search particularly of things that are in connection with an offense committed,
to be used in committing crimes or the matter under investigation.
Search is defined as the act of looking into carefully in order to find some
concealed items while seizure is to take into custody something.

The Search warrant

An order in writing issued in the name of the people of the Philippines, signed by a
judge and is directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

Requisites of a valid search warrant:

 It shall be issued upon probable cause.
  The probable cause is to be determine personally by the judge upon examination
under oath or affirmation of the complainant and the witnesses she may produce.
 Particularly describing the things and place to be search.

Subjects of a search warrant

A search warrant may be issued for the search and seizure of the following personal
properties:
 Subject of the offense
 Stolen or embezzled and other proceeds or fruits of the offense; and
 Use or intended to be used as a means of committing a crime.

Note: In serving a search warrant, it should be direct that it be served in the day time,
unless the affidavits asserts that the property is on the person or on the place ordered to
be search, in which case, a direction may be inserted that it be served at any time of the
day and night. In addition, a search warrant shall be valid within ten (10) days from its
date. After the lapse of ten days, its invalid unlike the warrant of arrest.

Rule: A search and seizure must be done by virtue of search warrant.

Exceptions to the rule of conducting search and seizure

1. Consented search
Under consented search, the right against unreasonable search and seizure may be
voluntarily waived by a person being searched provided the following requisites are
present:
 Existence of the right
 Person has knowledge, either actual or constructive of the existence of such right
 Said person had an actual intention of relinquishing such right

2. Search incidental to lawful arrest

A person lawfully arrested maybe search for dangerous weapons or anything which
may have been used or constitute proof in the commission of an offense without search
warrant. When a person is arrested, the police have the right without search warrant to
make a contemporaneous search in the following:
 In the person of the arrested person arrested for the fruits or of tools used to
commit the crime
 The things under the arrested person’s immediate control
 The extent depending on the circumstances of the case, to the place where he was
arrested. This means that search incidental to lawful arrest must be done where the
accused was arrested or its immediate vicinity.

3. Plainview search
Illegal things at sight may be seized even without a warrant to do so. The things
must be readily seen without any effort of locating it. The following are its elements:
 A prior valid intrusion based on valid warrantless arrest in which the police are
legally present in the pursuit of their official duties
 The evidence was inadvertently discovered by the police who had the right to be
where they are
 The evidence must be immediately apparent
 The evidence must be seized without further search

Plain View Doctrine-It justifies a search without warrant where the police officer is not
searching for evidence against the accused, but inadvertently came across an incriminating
object.

4. Search of a moving Vehicle (Checkpoint/Chokepoint)

A search made in checkpoints shall be limited to visual search and neither the vehicle
nor the occupants shall be subjected to physical search or require the passengers to alight
from the vehicle. An extension search may be allowed only if the officers conducting the
search have a probable cause to believe that they would find evidence pertaining to a
commission of crime in the vehicle to be search and there is no sufficient time to secure a
valid warrant which the passengers shall be required to alight from the vehicle to effect the
search.
Hence, the lack of time to procure a search warrant can be an excuse for not obtaining a
search warrant to search a moving vehicle.

The warrantless searches and seizures in the military and police checkpoints are not
illegal as these measures to protect the government and safeguard the lives of the people.
The checkpoints are legal as where the survival of the organized government is on the
balance, or where the lives and safety of the people are in peril. However, the Supreme
court clarified that the military and police officers manning the checkpoints must conduct
visual search only, not bodily search subject to some exemptions.

Note: A fishing vessel found to be violating fishery laws may be seized even without a
warrant on the following grounds:
 Because they are unusually equipped with powerful motors that enable them to
elude pursuit
 Because the seizure would be incidental to lawful arrest of the crew.

5. Customs search
The personnel of Bureau of Customs conduct search to enforce custom laws or to
regulate exports and imports.

6. Stop and frisk

7. Exigent or emergency circumstances

The mentioned exemptions should not become rampant licenses for law enforcement
officers to violate the rights of persons against unreasonable search and seizure. The
essential existence of probable cause must still be satisfied before a warrantless search and
seizure can be lawfully conducted.

Crimes committed by a Police Officer in the conduct of search

a. Violation of Domicile
This is committed by a public officer or employee who, not being authorized by judicial
order, shall enter the dwelling against the will of the owner thereof; search papers or other
effects found therein without the previous consent of the owner or having surreptitiously
entered said dwelling and being required to leave said premise, shall refuse to do so.

b. Search Warrant Maliciously Obtained

It is committed by a public officer or employee who procures a search warrant without
just cause.

c. Abuse in the Authority of Search Warrant Legally Obtained

It is committed by a public officer or employee who has legally procured a search
warrant but he exceeds the authority of the search warrant or he uses unnecessary
severity in executing the same.
d. Searching domicile Without Witnesses
It is committed by a public officer or employee who is armed with a search warrant
legally procured and searches the domiciles, papers or other belongings of any person
without the presence of the owner or any member of the family or at least two witnesses
residing in the same locality.

5. INVESTIGATION OF CRIME
The investigation of crime as one of the job of police officers help in detecting,
apprehending and maintaining peace and order as well as in rendering justice to victims
and to the society. Investigation includes questioning of suspected person involved in
commission of crimes.

CUSTODIAL INVESTIGATION
This is the questioning initiated by a law enforcement officer after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant
way. It shall include the practice of issuing an invitation to a person who is investigated in
connection with an offense he is suspected to have committed., without prejudice to the
liability of the inviting officer for any violation of law. The following are the requisites of
custodial investigation:
 The questions being asked are no longer general inquiry
  The person being questioned is considered a suspect in the crime committed

The three tools of criminal investigation or otherwise known as the three I’s of
investigation
1. Information- knowledge which the investigator gathered and acquired from a source.
2. Interrogation- is the questioning of a person suspected of having committed an offense
or a person who is reluctant to make a full disclosure of information in his possession
3. Instrumentation- the application of instruments and methods of physical science to the
detection of crime.

RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION

1. Right to be inform of his right to remain silent
2. Right to have a competent and independent counsel preferably of his own choice
3. Right against torture, force, violence, threat or intimidation or any other means
which vitiates his free will.
4. Right not to be held in secret, solitary, incommunicado or any other similar forms of
detention.

Requisites of a valid waiver:

 -is done voluntarily
 -done intelligently
 -in the presence of competent and independent counsel
 -in writing

THE FRUIT OF THE POISONOUS TREE DOCTRINE

An evidence, testimonies cannot be use or admissible in court if it is obtained
through illegal means such as torture, force, intimidation or threat.

CONFESSION AND ADMISSION

1.Confession-direct acknowledgement of guilt
2. Admission-indirect acknowledgement of guilt

TWO KINDS OF ADMISSION

a. Judicial confession/admission-done in open court
b. Extra-Judicial confession/admission-done outside trial or court

REPUBLIC ACT 7438

An act defining certain rights of person arrested, detained, or under custodial
investigation as well as the duties of the arresting, detaining and investigating officer and
providing penalties for violation thereof.

6. PROTECTION OF LIVES AND PROPERTIES

Lesson 3:

I. At the end of this lesson, you should be able to:

a. Understand the role of the prosecution as the second pillar of the criminal
justice system.
b. Memorize and elaborate the details of the prosecution in connection with the
practical administration of justice.

II. Lesson Proper: Prosecution

THE PROSECUTION

 in charge of prosecuting the accused and responsible in conducting inquest

proceeding and preliminary investigation.
 one who files the information in court

COMPOSED OF:
1. National Prosecution service (NPS-DOJ)
2. Office of the Special Prosecutor (OSP)
3. Office of the Ombudsman
4. Judge Advocate General’s Office (JAGO)

Definition of terms:

1. Complaint- sworn or written statement charging a person with an offense, subscribed

by the offended party, any peace officer or any other public officer charged with the
enforcement of the law violated.
2. Information- an accusation in writing charging a person with an offense subscribed by
the prosecutor and filed in court.

A. INQUEST PROCEEDING
 A proceeding done by the inquest prosecutor to determine the validity of a
warrantless arrest. This is very summary in nature which may be done by an
informal interview with the arresting officer and/or the arrested person.
 Inquest proceeding and the filing of the information must be done within the
specified time limit for the crime committed.

Procedure observed in conducting inquest proceeding

Upon arrest of the person without a warrant, the policeman must detain the
arrested person to the nearest jail or police station. Afterwards, the arresting policeman
shall locate or contact immediately the inquest prosecutor for the latter to determine
whether the arrest is valid and the following is observed:
a. Arrest is valid
-the prosecutor may order the further detention of the arrested person and the
filing of the information before the proper court.

a. Arrest is invalid
-the prosecutor may order the release of the arrested person upon signing a
promise to appear which an agreement between the prosecutor and the arrested
person that the latter must voluntary show himself whenever required to do so to
make some clarification relative to his arrest.

B. PRELIMINARY INVESTIGATION
 An inquiry held for the purpose of ascertaining whether or not probable cause is
present.
 It is intended to secure the innocent against hasty, malicious and oppressive
prosecution and to protect him from an open and public accusation of crime.
 It is further intended to protect the state from useless and expensive trial.
Preliminary investigation is required when the imposable penalty for the crime
charged is at least 4 years, 2 months and 1 day (4:2:1) imprisonment without regard to the
fine.

A person may be asked of preliminary investigation in any of the following:

 Before filing of complaint or information in court
 Within 5 days from the time he learns that a complaint or information is already
filed against him in court.

Persons who may conduct preliminary investigation:

1. Provincial or city prosecutor and their assistants
2. National and regional state prosecutors
3. Other officers as may be authorized by law

PROCEDURE IN CONDUCTING PRELIMINARY INVESTIGATION

1. Filing of complaint-shall be in copies base on the number of respondents plus the two
copies for the official file. Complaint to be filed shall be accompanied by:
 Affidavit of complainant and his witnesses
 Other supporting documents to establish the probable cause

2. Dismissal of the complaint or issuance of subpoena by the investigating

officer-Within 10 days after the filing of the complaint, the investigating officer shall
either:
 Dismiss the case if he finds no ground to continue with the investigation, or
 Issue a subpoena to the respondent attaching to it a copy the complaint and its
supporting affidavits and documents.

3. Submission of counter affidavit (answer) by the respondent

Within receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent shall submit his counter of affidavit and of his witnesses and
other supporting documents relied upon his defense.

The respondents shall not be allowed to file a motion to dismiss in lieu of counter
affidavit. If the respondents cannot be subpoenaed or if subpoenaed but does not submit
his counter-affidavit within the 10-day period, the investigating officer shall resolve the
complaint based on evidence presented by the complainant.

4. Clarification
Within 10 days from filing counter-affidavit by the respondent, the investigating
officer may set a date from hearing but without the right to examine or cross-examine.
They may however submit to the investigating officer questions which may be asked to the
party or witness concerned.
 Clarification shall be terminated within 5 days.

5. Issuance of resolution
This is to be issued within 10 days from termination of investigation or clarification. After
the investigation, the investigating officer shall:
 Prepare a resolution and information if he finds cause to hold the respondent for
trial.
 Recommend the dismissal of the complaint if he finds no cause to hold the
respondent for trial.

If information is issued, the investigating officer shall certify under oath

in that information the following:
 That he, or as shown in the record, an authorized officer has personally examined
the complaint and witnesses
 That there is reasonable ground to believe that a crime has been committed in that
the accused is probably thereof
 That the respondent was informed of the complaint and of the evidence against him
 That he was given an opportunity to submit controverting evidence

6. Transmittal of the record of the case

 Within 5 days from, the investigating officer must transmit the record of the case to
the Provincial City Prosecutor or Chief State Prosecutor or to the Ombudsman or Deputy in
cases of offenses cognizable by the Sandigan Bayan in the exercise of its original
jurisdiction. These officers will act on the resolution within 10 days from receipt thereof and
shall immediately inform said parties of such action.

No complaint or information may be filed or dismissed by an investigating prosecutor

without prior written authority or approval of any of the following:
 Provincial or city prosecutor
 Chief state prosecutor
 Ombudsman or his deputy, in cases cognizable by the ombudsman

THE COURT
 COURT
 It is a body in the government to which the public administration of justice is
delegated.
 It is a tribunal officially assembled under authority of law for the administration of
justice through which the government enforces its sovereign rights and powers.
 It is an entity or body in which a portion of judicial power is vested.
 It exists for one solemn end-to administer justice and thus promote the unity of the
country, the stability of the government and the well-being of the people.

JUDGE
 A public officer appointed to preside over and to administer the law in a court of
justice
 An arbiter of the law to whom people seek to apply the law in their causes
 The appointment to the office and his admission to the bar is a guaranty that he is
mentally and morally fit to pass upon the merits of a case.
 to the average citizens, a judge is beholden as a person whose way of life and way of
thinking has been molded within the confines of the law and justice.
 is expected to be deserving of the trust and confidence which the public necessarily
must have in his person.

COURT AND JUDGE

-The term court and judge are frequently used as convertible terms but they are not strictly
synonymous.
-A court has a personality separate and distinct from the men who composed it.
-A judge alone does not necessarily constitute a court. However, a court cannot exist
without a judge.

Branches of Philippine Government

1. Legislative Branch – makes laws
2. Executive Branch – Implements the laws and policies
3. Judicial Branch – unique branch since, judges and justices are NOT elected but
appointed by the President. This branch adjudicate/interpret cases.

THE JUDICIAL POWER

It is the power vested in courts by the constitution to hear and decide cases and
interpret laws, and to invalidate unconstitutional legislation and executive actions. It shall
be vested in the Supreme Court and in such inferior courts.

Categories of Courts in the Philippines:

A. Regular Courts
B. Special Courts
C. Quasi-Judicial Agencies

A. REGULAR COURTS

1. SUPREME COURT (SC)

 The highest court of the land.
 The only constitutional court.
 Located at Padre Faura St., Manila
 Has its own original and appellate jurisdiction.
 Sits en banc or in divisions of THREE, FIVE or SEVEN members.

COMPOSITION:
 1 Chief Justice;
 1 Senior Associate Justice and
 13 Associate Justices.

EN BANC CASES OF THE SUPREME COURT

1. All cases involving the constitutionality of a law, treaty or executive agreement.
2. All cases heard by division of 7 members if the concurrence of at least 5 members is
not obtained.
3. Administrative cases where the decision is for the dismissal of a judge of an inferior
court.
 POWERS OF SUPREME COURT

1. Exercises Original Jurisdiction on cases involving:

a. Ambassadors, other public ministers and consuls
b. Disciplinary cases involving attorneys and judges
c. Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto and Habeas corpus.

DEFINITION OF TERMS
1. Petitions for Certiorari-
2. Prohibition-
3. Mandamus-
4. Quo Warranto-
5. Habeas corpus-

2. Exercises Appellate Jurisdiction on cases of:

a. All criminal cases in which penalty is Reclusion Perpetua or higher.
b. Constitutionality or validity of Treaty, International or executive agreements, law,
Presidential Decrees, Proclamation No., Executive Orders, Instructions, Ordinance, or
Regulations is in question.
c. All cases involving legality of any tax, imposts, assessment or toll.
d. All cases on Error of Law or Question of Law

3. May order the change of venue of trial to avoid the miscarriage of justice

4. May order the temporary reassignment of judges

5. The power of Appointment

It is in accordance with the Civil Service Law

6. Power of Administrative Supervision

This is the Supreme Court’s power to supervise courts and discipline judges and justices.

7. Rule-Making Power
The Supreme Court may promulgate rules on the following:
a. Writ of Amparo – the rule promulgated by the SC for the protection and enforcement
of constitutional rights of a person.
b. Pleading, practice and procedures in all courts- the Rules of Court is being revised
every now and then by the SC.
c. Administers the annual BAR exam

THE PHILIPPINES COURTS

A. REGULAR COURTS

1. SUPREME COURT
 It is referred to by its colloquial name as Korte Suprema, is the highest court in the
Philippines.
 The Constitution of the Philippines vests judicial power in one Supreme Court and such
lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution).
 The Supreme Court is composed of one Chief Justice and fourteen Associate Justices,
all of whom are appointed by the President from a list of recommendees presented by
the Judicial and Bar Council.   
 The members of the Supreme Court serve during good behavior until they reach the
age of 70 or unless removed by impeachment for any of the grounds provided by the
Constitution.

2. COURT OF APPEALS (CA)

 It sits en banc and in 23 divisions with 3 members per division.
 It has original and appellate jurisdiction.
 A statutory court created by virtue of EO No. 33 of then Pres. Corazon C. Aquino on
July 28, 1986.
 COMPOSITION:
1 presiding justice
68 Associate Justices

3. REGIONAL TRIAL COURTS (RTC)

 Created by virtue of BP 129 (law reorganizing Judiciary Dept, effective Aug. 14, 1981)
 Formerly known as Court of First Instance
 We have 720 RTCs in the 13 Judicial Regions
 It has original and appellate jurisdiction.

4. METROPOLITAN TRIAL COURTS (MeTC)

 In metropolitan areas only. It has original and appellate jurisdiction.

5. MUNICIPAL TRIAL COURTS (MTC)

 Created in Municipalities. It has original and appellate jurisdiction.

6. MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

 Created in cities, outside Metro Manila. It has original and appellate jurisdiction.

7. MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

 Covers 2 or more municipalities with one court. It has original and appellate
jurisdiction.

B. SPECIAL COURTS

1. SANDIGAN BAYAN (SB)

 Created by PD 1606 (law that created Sandiganbayan, dated Dec 10, 1978)
 Known as the Anti-Graph Court.
 SB sits in division of 3 justices each.
 Takes cognizance over cases involving public officers and employees charged with
graft and corruption.
 It has original and appellate jurisdiction.

COMPOSITION:
1 Presiding justice
8 Associate justices.

2. COURT OF TAX APPEALS (CTA)

 Created by virtue of R.A 1125 (law that created Court of Tax Appeals on June 16, 1954)
as amended by RA 9282 on March 30, 2004 and took effect on April 23, 2004.
 Court of special appellate jurisdiction.
 Review on appeal decisions of the:
1. Commissioner of BIR involving internal revenue taxes, and
2. Commissioner of Bureau of Customs involving customs duties.

 Filipino: Hukumang Paghahabol sa Buwis ng Pilipinas

COMPOSITION:
1 Presiding judge
5 Associate Judges

4. FAMILY COURTS (RTC)

 Created by virtue of R.A 8369 (Family Courts of 1997) approved on Oct. 28, 1997
 It has only original jurisdiction and no appellate jurisdiction.
 Take cognizance over cases involving family members and minors
 An RTC may be designated as a Family Court in every Region.

5. SHAR’IA COURTS
 Courts of limited jurisdiction.
 Created under the Code of Muslim Personal Laws of the Philippines.
 Take cognizance over cases involving domestic and contractual relations among
Muslim citizens in Mindanao provinces.

A. Shar’ia District Court

 Court of the same category with the RTC
 It has its original and exclusive jurisdictions.

B. Shar’ia Circuits Court

 Court of the same category with MTC.
 It has original jurisdiction.

C. QUASI-JUDICIAL AGENCIES

These are the administrative bodies under the executive branch of the government
performing quasi-judicial functions.
1. National Labor Relations Commission (NLRC)
2. Land Transportation Franchising and Regulatory Board (LTFRB)
3. Civil Service Commission
4. Commission of Election
5. Bureau of Customs
6. Court Martial
7. Peoples Law Enforcement Board (PLEB)
8. National Commission on Indigenous People (NCIP)

How shall criminal actions be prosecuted? It is commenced either by Complaint or

Information.

NOTE:
Private Prosecutor may be authorized in writing by the Chief of the Prosecution
Office or Regional State Prosecutor to prosecute the case subject to the approval of the
court.

COURT JURISDICTIONS
1. General – empowered to decide all disputes, except those assigned to other courts.
2. Limited – has authority to hear and decide on few specified cases.
3. Original – try and decide a case for the first time.
4. Appellate – try/review and decide case already heard and decided by lower court.
5. Exclusive – try and decide a case which cannot be presented to other courts.
6. Concurrent–2 or more courts may take cognizance of a case.
7. Criminal – it exists for the punishment of a crime.
8. Civil – it exists when the matter is not a criminal offense.

Forum Shopping
It is the practice filing similar cases in different courts to choose the most favorable
jurisdiction or court

COURT PROCEEDINGS

1. Arraignment - the reading to the accused in open court of the complaint or

information.
 A copy of the complaint/information shall be given to the accused.
 List of witnesses will also be given to the accused.
 The accused pleads guilty or not guilty.

Others instances when the plea of not guilty shall be entered to the accused:
when the accused refuses to plead
when he makes a conditional plea of guilty
when he pleads guilty but presents exculpatory evidence
exculpatory evidence- presented by the accused to set him free

2. Pre-trial - this is an informal trial which precedes the regular trial. Primarily intended
to expedite the proceeding. This is done through a Pre-Trial Conference conducted
by the court.
 Plea bargaining
 Stipulation of facts
 Marking documentary evidence
 Waiver of objection to the admissibility of evidence
 Modification of the order of trial
 Other matters regarding the criminal and civil aspects of the case

Bail
 Security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the
following conditions:
 Undertaking effective upon approval and remains in force at all stages until
promulgation of judgment, unless sooner cancelled
 Accused shall appear before court when required
 Failure to appear despite notice to him or the bondsman will waive his right to be
present and trial shall proceed in absentia
 Bondsman shall surrender accused for execution of judgment
 Bail applies to all persons detained, not just to those charged with the offense ( Herras
vs. Teehankee)
 Court has power to prohibit person out on bail from leaving the country ( Manotoc, Jr.
vs. CA)
 Bail implies delivery of the accused to the sureties who, though not holding him
prisoner, may seize him and imprison him until they can deliver him to court ( US vs.
Bonoan)

Forms of Bail
1. Corporate Surety – furnished by a bondsman that is habitually engaged in
business of furnishing bonds in civil actions.
2. Cash Bond – the most common form of bail.
3. Property bond – an undertaking constituted as a lien on the real property given as
a security for the amount of bail.
4. Recognizance – the contract between the sureties and the state for the
production of the principal at the required time.

GENERAL RULE:
 All persons are entitled to bail as a matter of right, except those charged with capital
offenses.
 Right to bail traditionally unavailable to military personnel facing court martial, who are
not in the same class as civilians (Comendador vs. de Villa)
 Bail should be available regardless of other circumstances or the merits of the case, if
the health or the life of the detainee is in danger ( Dela Rama vs. People's Court)
 Excessive bail is tantamount to denial of bail, which is unconstitutional ( Dela Camara
vs. Enage)
 Provisional liberty under same circumstances but during period to appeal subject to
consent of bondsman
 In case he has applied for probation after final judgment, he may be allowed
temporary liberty under his bail or recognizance

When bail is a matter of right?

 Before or after conviction by MTC, MCTC, MeTC, MTCC
 Before conviction by the RTC of an offense not punishable by death, reclusion
perpetua or life imprisonment

When bail is discretionary? (application filed with court where case is pending)
 Upon conviction by RTC of an offense not punishable by death, reclusion perpetua
or life imprisonment

REQUIRED BY LAW TO CONVICT A PERSON BASED ON WEIGHT OF EVIDENCE

 Proof beyond reasonable doubt (CRIMINAL CASES)- is a degree of proof which
produces conviction in an unprejudiced mind.
 Preponderance of evidence (CIVIL CASES) means that the testimony adduced
by one side is more credible and conclusive than the other.
 Substantial evidence (ADMINISTRATIVE CASES)- the relevant evidence which a
reasonable mind might accept as adequate to support a conclusion.

IN ACCORDANCE TO THE DESIGNATION OF THE PERSON BEING HEARD

 Criminal Cases – Accused
 Civil cases – Defendant
 Administrative cases - Respondent

When shall trial commence?

After a plea of not guilty is entered, the accused shall have at least 15 days to
prepare for trial. The trial shall commence within 30 days from receipt of the pre-
trial order. (Sec. 1, Rule 119 of the Rules of Court)
The Continuous Trial Rule: Trial, once commenced shall continue from day to
day as far as practicable until terminated. It may be postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the prosecutor and defense counsel, set the
case for continuous trial on a weekly or other short-term trial calendar at the
earliest possible time so as to ensure speedy trial.
In no case shall the entire trial period exceed 180 days from the first day of trial,
except as otherwise authorized by the Supreme Court.
The 1987 Philippines Constitution (Art. VII Section 15) provides the period with in
which courts must decide or resolve cases from the date of submission for decision.
 MAXIMUM PERIODS OF RENDERING DECISION
1. Supreme Court – 24 months
2. Court of Appeals – 12 months
3. Regional Trial Courts – 6 months
4. Inferior Courts – 3 months
5. Sandigan Bayan – 3 months

Court systems of the world are of two types:

1. Adversarial - the accused is innocent until proven guilty; and
2. Inquisitorial - the accused is guilty until proven innocent or mitigated. 

NOTE:
The Philippine Justice System adopts both Systems

THE COURT SYSTEM IN THE PHILIPPINES

Legend:
--------------Petition for certiorari
Ordinary Appeal
……………..Petition for Review
Petition for Review on certiorari

SUPREME

COMELEC COURT APPEALS

COA, NLRC

SANDIGAN
BAYAN

REGIONAL TRIAL COURTS

QUASI-JUDICIAL
CSC, CTA

MeTC, MTCC,
MTC, MCTC

Criminal Liability is Extinguished Thru:

1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the rape victim with the offender

Prescription of crime
It is the forfeiture or loss of the right of the State to prosecute the offender after
the lapse of a certain time fixed by law

 Death/Reclusion Perpetua/Reclusion Temporal = 20 years

 Other Afflictive Penalties = 15 years
  Correctional Penalties = 10 years
 Light Offenses = 2 months

Prescription of penalty
It is the loss or forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law.

 Death/Reclusion Perpetua/Reclusion Temporal =20 years

 Other afflictive Penalties =15 years
 Correctional Penalties =10 years
 Arresto Mayor =5 years
 Light Penalties =1 year

TERMS RELATED TO COURT JURISDICTION

1. Delegated Jurisdiction –the power to hear and determine cases by authority of

court vested by original jurisdiction over the case delegated.
2. Territorial Jurisdiction – the power to hear and decide cases falling within a
territorial limit.
3. Summary Procedure – this refers to proceedings whereby cases are speedily
decided/resolved.
4. Bail – the security given for the provisional or temporary release of a person who is
under the custody of law.

SUMMARY OF COURT PROCEEDINGS

1. Arraignment - the reading to the accused in open court of the complaint or

information.
 A copy of the complaint/information shall be given to the accused.
 List of witnesses will also be given to the accused.
 The accused pleads guilty or not guilty.

2. Pre – trial - an informal trial which precedes the regular trial. Primarily intended to
expedite the proceeding. This is done through a Pre-Trial Conference conducted by
the court.
 Plea bargaining
 Stipulation of facts (specification)
 Admission of facts
 Marking documentary evidence - Prosecution 123;
- Defense ABC
 Waiver of objection to the admissibility of evidence

3. Trial - the formal investigation of the matter in issue with respect to the action before a
competent court for the purpose of determining such issue that involves the guilt or
innocence of the accused.

4. Judgment - the adjudication by the court that the accused is guilty or not guilty.
 It must be written in the official language,
 Personally and directly prepared and signed by the judge.
 Must contain legal bases of decision

5. Appeal - the whole case is elevated to a higher court for review and final adjudication.
 Within 15 days – period of entering appeal from the date of promulgation.
 After 15 days – the decision shall be Final and Executory

Summary Code

 APTriJA
 Arraignment
 Pre-trial
 Trial
 Judgment
 Appeal
 THE CORRECTION

CORRECTION

The fourth pillar of the CJS but the weakest because of its failure to reform and
rehabilitate offenders and prevent them from returning to criminal life which is its sole
purpose.

THEORIES IN CORRECTION
1. Classical theory-men have the absolute free will to choose between good and
evil so they are liable for the consequences of their acts. This is also known as the
free-will theory which was established by Cesare Beccaria
2. Neo-classical theory-states that since insane and minor do not know the
consequences of their acts, they must not be liable for the crimes they may
commit
3. Positivist theory-criminals shall be treated like patients in the hospital instead of
punishing them. It is also known as Italian theory established by Cesare Lombroso.
4. Eclectic theory-combination of the beneficial aspects of Classical, Neo Classical
and Positivist theory which we have adapted.

CLASSIFICATION OF CORRECTION
1. Institutional correction-deals with ails, prisons, colonies where a convict is going
to serve the sentence.
2. Non-institutional correction-deals with service of sentence of a convict outside
an institution, it is also known as a community-based-treatment for a convict is
going to serve his sentence in the community by way of probation, parole or other
means.

3 AIMS OF CORRECTION

1. To provide judges with more options to deal with offenders through the use of
probation, fines, commitment to community treatment centers, pre-trial release and
other measures short of imprisonment
2. To improve conditions in prisons and jails including decongestion, improved
housing, more effective medical, educational, vocational training and rehabilitation
program services
3. Establishing an integrated correctional system that will ensure the development of a
unified philosophy of treatment, implementation of uniform standards and policies,
efficient delivery of services to offenders while at the same time protecting the
interest and welfare of the society.

NATURE OF JAILS AND PRISONS

In the Philippines, correctional institutions are generally thought of as limited to jails

and prisons. This is so because in our system of criminal justice, imprisonment is the most
commonly used method of dealing with criminals. In fact, imprisonment is oftentimes only
option given to judges in meting out penalties to convicted offenders, except in other cases
where a fine or only civil liability may be imposed.

Correctional services in the Philippines are primarily the responsibility of the Bureau
of Prisons under the Department of Justice. In the strategy of social defense in the
Philippines, the Bureau of Prisons is entrusted with 2 broad goals
1. Separate from society persons who by their acts have proven themselves dangerous
to society
 2. Strive at the correction of prisoners with the hope that when they return to society,
they shall be liable to live a normal well adjusted, self-supporting and useful lives as
useful law abiding citizens.

PRISON

 A penitentiary, an institution for the imprisonment (incarceration) of persons

convicted of major, serious crimes
 A building usually with cells, or other places established for the purpose of taking
custody or confinement of criminals
 A place of confinement for those charged with or convicted of offenses against the
laws of the land

CATEGORIES OF INMATES

A. PRISONERS
 a person who is under the custody of lawful authority who is by reason of his
criminal sentence or by decision issue by court, maybe deprived of his liberty of
freedom
 any persons detained/confined in jail or prison for the commission of a criminal
offense or convicted by final judgment and serving in a penal institution

General classification of prisoners

1. Detention prisoners-
2. Sentenced prisoners-offenders committed to jail or prison in order to serve their
sentence after final conviction by a competent court
3. Prisoners under the jurisdiction of penal institutions
4. Prisoners who are in safekeeping-includes non-criminal offenders who are
detained in order to protect the community against the harmful behavior
Example: mentally deranged individuals, insane person

Classification of sentence prisoners

1. Insular prisoners- those sentenced to a prison term of 3 years and 1 day to
death
2. Provincial prisoners- those sentenced to prison term of 6 months and 1 day to 3
years
3. City prisoners- those sentenced to a prison term of 1 day to 3 years
4. Municipal prisoners- those sentenced to a prison term of 1 day to 6 months

B. DETAINEES
 Undergoing investigation
 Awaiting or undergoing trial
 Awaiting final judgment

PRISONS IN THE PHILIPPINES

1. OLD BILIBID PRISON-

 Known as the Carcel y Presidio Correccional (Spanish “Correctiona Jail and
Military Prison”) occupied a rectangular piece of land which was part of the
Mayhalique Estate in the heart of Manila
 Divided into two sections, the CARCEL SECTION which could accommodate
600 inmates and the PRESIDIO, which could accommodate 527 prisoners
 In 1941, it was officially named as “the New Bilibid Prison”
 It is maintained by the Bureau of correction (BuCor) under the Department
of Justice
 Tomoyuki Yamashita-commander of the Japanese Imperial Army in the
Philippines in 1944 incarcerated while undergoing trail for war crimes;
eventually executed by hanging in Los Banos on Febraury 23, 1946
 known at the present as the Manila City Jail
  The Manila government swapped its property located at Muntinlupa to
Bilibid Prison which was owned by the National government. By virtue of
swapping these the two properties, the Old Bilibid Prison is now owned by
the Manila government where it was later named as the Manila City Jail
and the lot in Muntinlupa is now owned by the national government. The
National government build the new Bilibid Prison in said lot at Muntinlupa.

2. NEW BILIBID PRISON- It is more on production of handicraft products and

Offers a high school course and has 2 satellites:
a. Bukang Liwayway Camp- houses minimum security prisoners who work in
the various projects of the institutions.
b. Sampaguita Camp- where the Reception and Diagnostic Center, Medium
Security Unit, and Youth Rehabilitation Center are located.

PENAL COLONIES

1. SAN RAMON PRISON AND PENAL FARM

-Zamboanga, Zamboanga Del Sur
-the first penal institution of the Philippines
-primarily intended to confine Muslim prisons and political prisoners
- its prime product is copra and it also raises rice, corn, coffee, cattle and livestock
-name after the founder Capt. Ramon Blanco of the Spanish Royal Army

2. IWAHIG PENAL COLONY

-Near Peurto, Princesa City, Palawan
-rice production, corn, copra, logs, minor, forest products and cattles
-largest penal facility in the Philippines
-previously an institution for the incorrigibles-RJ shileds-its first American
superintendent
-it enjoys the reputation of being the best open institutions all over the world
-the sub Colonies-Sta. Lucia, Inawagan, Montible and Central Sub colony
-it administers the Tagumpay settlement

3. DAVAO PENAL COLONY

-Davao Del Norte/panabo Davao
-it houses minimum and medium prisoners
-Gen. Paulino Santos is the founder and director of prisons led the first contingent
-Abacca is the main product
-the biggest banana producers
-concentration camp of American prisoners of war in the year 1942
-concentration camp of japan during world war II
-second largest facility
-the biggest source of income of Bucor

4. CORRECTIONAL INSTITUTION FOR WOMEN

-Mandaluyong
-smallest penal colony
-Ramon Victoria is the first director

5. SABLAYAN PENAL COLONY

-Occidental Mindoro
-rice production

6. LEYTE PENAL COLONY

-Abuyog, Leyte
-the youngest penal colony

PROBATION (P.D 968)

Probation
A disposition under which a defendant, after conviction and sentenced, is released
subject to conditions imposed by the court imposed by the court and under the supervision
of a probation officer.
 PARDON

It is an executive clemency granted by the president/chief executive. It is the act of

grace proceeding from the power entrusted with the president which exempts the
individual on whom it is bestowed, from punishment the law for a crime he has committed.

Kinds of Pardon
1. Absolute pardon- given without any condition attached. It does not however,
operate to restore the right to hold public office or the right of suffrage, unless such
rights are expressly restored by the terms of pardon. It becomes effective once if it
is granted and there is no need for the offender to accept it.

2. Conditional pardon- a conditional pardon is given with condition/s attached.

Hence, must be accepted by the offender to become effective.

NOTE:
Pardon exist to afford relief from undue harshness or evident mistakes in the
operation or enforcement of criminal law

Effects of Pardon
a. Removes penalties and disabilities and restores a person of his full civil capacity and
political rights
b. Does not discharge the civil liability of the convict to the individual he has wronged
as the president has no power to pardon a private wrong
c. It does not restore offices, property or rights vested in others in consequences of
conviction unless it is specified by the terms of pardon

Limitation of Pardoning Power of the President

a. No pardon cannot be extended in case of impeachment
b. No pardon, parole, or suspension of sentence for violation of election laws may be
granted without the favorable recommendation of commission on elections
c. Pardon is exercised only after conviction by final judgment
d. No pardon may be exercised over a civil contempt

AMNESTY

An act of sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a
political character such as treason, sedition and rebellion.

Effect of Amnesty
It abolishes and puts into oblivion the offense of which one is charged, so that the
person released by amnesty is considered as if he did not commit any offense.

Pardon and Amnesty Distinguished

PARDON AMNESTY

a. includes any crime a. political crimes

b. exercised individually b. exercised generally

c. given only when the person is convicted c. maybe granted before trial or during
investigation

d. granted by the president himself d. granted by the president with

concurrence of the congress

e. court takes no judicial notice of pardon e. courts takes judicial notice

NOTE:
Any person claiming that pardon has been granted must prove it in court.
 REMISSION

Remission of fines or forfeitures is the power of the President to prevent the

collection of fines or the confiscation of forfeited property. The power of the president is
limited to prevent the collection of fines as not have been vested in third parties or paid
into the treasury of the government as funds cannot be paid out of the treasury without
the authority of the congress.

PAROLE

It is the suspension of sentenced of a convict after having served the minimum of

the sentenced imposed without granting pardon, prescribing the terms of suspension.

The penalty imposed by courts is not of specific number of years, months and days.
It is composed of minimum and maximum periods. If a convict already served the
minimum period, he is eligible for parole.

Conditional Pardon and Parole Distinguished

CONDITIONAL PARDON PAROLE

a. accused need not serve his minimum a. accused must serve the minimum term
sentenced of his sentenced

b. the granting authority is the president b. the granting authority is the Board of
Pardon and Parole

REPRIEVE AND SUSPENSION OF SENTENCE

These are the temporary stay or postponement of sentence. Especially when the
purpose of reprieve or suspension of sentence is to save life. By postponing the execution
of a convict, the president is given an opportunity to extend his commutation or pardon or
the congress is given an opportunity to enact laws favorable to the convict.

Reprieve and suspension distinguished:

REPRIEVE SUSPENSION

a. refer to temporary stay or postponement a. refer to temporary stay or postponement

of sentenced of sentenced

b. done to a fixed or definite date b. done for an indefinite time

COMMUTATION

An act of the President reducing the penalty of a certain convict. The example of
this is if the penalty imposed is death it will be reduced to life imprisonment or reclusion
Perpetua by the President.

Life imprisonment and Reclusion Perpetua distinguished

LIFE IMPRISONMENT RECLUSION PERPETUA

a. has no duration a. 20 years and 1 day to 40 years

b. imposed in violation of special laws b. imposed in violation of the RPC

c. has no accessory penalties c. has accessory penalties

Accessory penalty of reclusion perpetua
 Civil interdiction for life during the period of the sentence as the case maybe
 Perpetual absolute disqualification which the offender shall suffer even though
pardon as to the principal penalty unless the same shall have been expressly
remitted in the pardon

Effects of civil Interdiction-It deprives the offender during the time of his sentence of
the rights on-
a. Parental authority
b. Guardianship either as to the person or property of the ward
c. Marital authority
d. Right to manage his property
e. Right to dispose of such property by any act or any conveyance inter vivos

Effect of perpetual absolute disqualification

a. Deprivation of the public offices and employment which the offender may have held
even if conferred by popular election
b. The deprivation of the right to vote in nay election for any popular elective office or
to be elected to such office
c. The disqualification for the office or public employment and for the exercise of any
of the rights mentioned
d. The loss of all rights to retirement pay or other pension for any office formerly held

GOOD CONDUCT TIME ALLOWANCE

This is the reduction of period of imprisonment if a convict shows a good behavior.

PERIOD OF IMPRISONMENT REDUCTION

a. 1-2 years 20 days per month

b. 3-5 years 23 days per month

c. 6-10 years 25 days per month

d. 11 and above 30 days per month

NOTE:
At any time during the period of imprisonment, he shall be allowed another
deduction of 15 ads in addition to the above mentioned for each month of study teaching
or mentoring service time rendered.

Crimes Possibly Be Committed by a Person While Serving His Sentence In A Jail

Or In The Community
1. Evasion of service of sentence
This is committed by a convict who shall evade his service of his sentence by escaping
during the term of his imprisonment by reason of final judgment.

2. Evasion of service of sentence in the occasion of Disorders, Conflagration,

Earthquake or other calamities
In case of disorder or other kinds of calamity, prisoners or detainees may be ordered to
leave the penal institution where they are detained or imprisoned. However, they must give
themselves up to the authorities within 48 hours following the issuance of proclamation by
the Chief Executive announcing the passing away of such calamity.

Those who fail to give themselves to the authorities are liable for the crime of
evasion of service of sentence in the occasion of disorders, conflagrations, earthquakes or
other calamities.

NOTE:
 The convicts under the circumstances, mentioned above who shall give themselves
up to the authorities within the mentioned period shall be entitled to the reduction of 1/5 of
the period of his sentence.

In case however, such prisoner chooses to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Art. 158 of RPC,
a deduction of 2/5 of the period of his sentence shall be granted.

3. Commission of another crime during service of penalty imposed for

another previous offense
This is committed by any person who shall commit a felony after having been
convicted by final judgment before beginning to serve such sentence or while serving
the same.

FORMS OR KINDS OF HABITUALITY OR REPETITION

Recidivism
A habituality where accused at the time of his trial for an offense have been previously
convicted by final judgment of a crime embraced in the same title of RPC.
Reiteracion
A habituality where the offender has been previously punished for an offense which the
law attaches an equal or greater penalty ow when he has been previously been punished
for two or more crimes previously to which the law attaches a lighter penalty.
Quasi-Recidivism
A habituality where a person who before serving sentence or while serving sentence
commits another felony.
Habitual Delinquency
A habituality where within 10 years from the date of last conviction or last release of a
person for any of the crimes of serious physical injury, less serious, theft, robbery, estafa
or falsification, he is found guilty the third time or oftener.

THE COMMUNITY

COMMUNITY

It is a group of persons living in a particular place. It may also refer to society or

body of people living in the same place, under the same laws and regulations which have
common rights, privileges or interest.

The term community when applied in the Criminal Justice System is not limited to
persons. It includes homes, family, government school churches, etc. It is the 5 th pillar and
known as the core of the CJS.

A community may also refer to the local government, together with the society of
individuals or institutions, both public and private in which a child lives.

The prevention and control of crime is not the sole responsibility of the government,
particularly the four pillars of the CJS. It is also the duty of the society and very member of
the community to prevent crimes especially in correcting persons committing petty crimes
for them not to be hardened criminals.

Duties of the community in the insurance of the full enjoyment of the right of
every child to live in a society that offers or guarantees his safety, health good
moral environment and facilities for his wholesome development.
1. Bring about healthy environment necessary for the healthy growth of children and
the enhancement of their physical, mental and spiritual well-being.
2. Help institutions of learning whether public or private, achieve the fundamentals
objective of education.
3. Organize and encourage movement activities for the furtherance of the interest of
children and youth.
 4. Promote the establishment and maintenance of adequately equipped playgrounds,
parks and other recreational facilities.
5. Support parent education program by encouraging its members to attend and
actively participate therein
6. Assist the state in combating and curtailing juvenile delinquency in rehabilitating
wayward children
7. Aid in carrying out special projects for the betterment of children in the remote
areas or belonging to cultural minorities or those who are out of school
8. Cooperate with public and private child welfare agencies in providing care, training
and protection to destitute, abandoned, neglected, abused, handicapped and
disturbed children.

Contribution of the community in reforming convicts release from jails and

prisons, including those who are under community-based treatment
a. The community must overcome apathy towards prisoners and not to consider ex-
prisoners as public enemies. Said persons must be treated as members of the
society.
b. It must work hand-in hand with the correctional in order to succeed in their mission
of placing the offender back in their normal social being. This is because
correctional programs no matter how well-developed cannot succeed without the
support of the community.
c. Clearance, papers from the offices of the police, mayor, the court and the fiscal
should be made an employment requisite of an ex-prisoner who wishes to land in a
job. To require him to comply with these requirements would render the
reformation of the convict useless and meaningless for he can no longer live a
normal life in a free society. The essence of social justice, namely the to live in the
criminal world where he belongs, and this would defeat the ultimate objective of the
correctional institution to reform and rehabilitate prisoners.
d. An association should be formed that would cordially welcome individuals from the
prison walls and apprise them of their importance in society. Accepting the presence
of ex-prisoners in a free community will help them overcome their psychological
hang-ups and make them realize that they are not apart from the society. Their
sense of responsibility to live a normal life would be developed, enabling them to
adopt and adjust their way of life in accordance with the norms of society.

HOME
It is defined as the cradle of human personality. It is a haven of peace and refuge
and where the fundamental values of courage, honesty and integrity are taught and
encouraged. It is also where children are brought up with the strength to make a difference
and make the change they seek in this world.

The Good Home for a Child

A home is considered as a good for a child if the following are present:
a. Child is loved and wanted and he knows it
b. He is helped to grow up by not having too much or too little done for him
c. He is a part of the family, and he has fun with the family to which he belongs
d. His early mistakes are understood as a normal part of growing up and he is
corrected without being hurt, shamed or confused
e. His growing skills (walking, talking, reading, making things) are enjoyed and
respected
f. He feels his parents care much about him as they do to his brothers and sisters
g. The family sticks together and the members help one another
h. He is moderately and consistently disciplined from infancy, limits are set for his
behavior and he is helped to take increasing responsibility for his own condition

Role of Home Under P.D 603

The home shall fully support the school in the implementation of the total school
program-curricular and co-curricular toward the proper physical, social, intellectual and
moral development of the child.

Marriage
 Marriage is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life.
 It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlement may fix the property relations during the marriage within the
limits provided by the Family Code.

2 Aspects of Marriage
1. It is a special contract
2. It is a status or a relation or an institution. As a status, the principle in contracts that the
parties may, by mutual agreement, put an end to it, cannot certainly apply, for the
consequences of the marriage are fixed by law.

Marriage as a Union or Status

 It is the union of one man with one woman for the reciprocal blessings of a domestic
home life, and for the birth, rearing and education of children. In one case the Supreme
Court ruled that marriage is also a new relation in the maintenance of which the general
public is interested.
 Under the Family Code, the purpose of marriage is the establishment of conjugal and
family life.
 Under the Constitution, “marriage as an inviolable social institution, is the foundation o
the family and shall be protected by the State”.
 Under the Muslim Code, marriage has a different concept in that a Muslim can have as
many as four wives at a time, provided, he can give equal companionship and equal
treatment.

Principles of Marriage
1. Union – Physical and spiritual mating
2. Of one man with one woman – This is monogamy, which is the ideal marriage.
3. Reciprocal Blessing – marriage is a 50-50 proposition
4. Birth – One purpose of marriage is the procreation of children.
5. Rearing – The care of both parents is essential.
6. Education of Children -- It is the natural right of parents to educate their children.

Essential Requisites of Marriage

1. Legal capacity of contracting parties who must be male and a female.
a. This means that the parties must have the necessary age or the necessary consent of
parents in certain cases.
 Age 18-21 – Needs parental consent
 Age 22-25 – Needs parental advice

b. There must be no impediment caused by a prior existing marriage or by certain

relationships by affinity or consanguinity.

2. Consent freely given in the presence of the solemnizing officer.

a. Consent refers to the consent of the contracting parties, not parental consent.
b. Consent is required because marriage is a contract, a voluntary act.
c. If there is consent, but it is vitiated by error, fraud, intimidation, force, etc., the marriage
is not void; it is merely voidable, which is valid until annulled.
d. If there is no absolutely no consent, or when the parties did not intend to be bound, the
marriage is void.

Formal Requisites of Marriage

1. Authority of Solemnizing Officer
a. Any incumbent member of the judiciary within the court’s jurisdiction.

b. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his
church or religious sect and registered with the civil registrar general, acting within the
limits granted to him by his church and provided that one of the contracting parties belongs
to the solemnizing officer’s church or religious sect.

c. Any ship captain or airplane chief only in cases of articulo mortis. A marriage in articulo
mortis between passengers or crew members may also be solemnized not only while the
ship is at sea or the plane in flight, but also during stopovers at ports of call.
d. Any military commander of a unit to which a chaplain is assigned, in the absence of the
latter, during a military operation. A military commander of a unit who is a commissioned
officer, shall likewise have the authority to solemnize marriages in articulo mortis between
persons within the zone of military operation, whether members of the armed forces or
civilians.

e. Any consul-general, consul or vice-consul. Marriages between Filipino citizens abroad

may be solemnized and the issuance of the marriage license and the duties of the local civil
registrar and the solemnizing officer with regard to the celebration of marriage shall be
performed by said consular official.

f. Under the Family Code, governors, mayors and ambassadors are not authorized to
perform marriages. However, under the Local Government Code, mayors are now
authorized to perform marriages within their jurisdiction.

2. VALID MARRIAGE LICENSE

 A marriage license is a document issued, either by a church or state authority,
authorizing couple to marry.
 The license shall be valid in any part of the Philippines for a period of one hundred
twenty days from the date of issue, and shall be deemed automatically cancelled at the
expiration of said period if the contracting parties have not made use of it.
 No marriage license shall be issued to a widow after three hundred days following the
death of her husband, unless in the meantime she has given birth to a child. The purpose
is to prevent doubtful paternity.

EXCEPTIONS FROM HAVING A LICENSE:

a. Marriage in Articulo Mortis. In case either or both of the contracting parties are at
the point of death, the marriage may be solemnized without the necessity of a marriage
license and shall remain valid even if the ailing party subsequently survives.

b. Marriage in remote places. If the residence of either party is so located that there is
no means of transportation to enable such party to appear personally before the local civil
registrar.

c. Marriage of people who have previously cohabited for at least 5 years. No

license shall be necessary for the marriage of a man and a woman who have lived together
as husband and wives for at least five years and without any legal impediment to marry
each other. The contracting parties shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths.

d. Marriages between pagans or Muslims, who live in non—Christian provinces, and

who are married in accordance with their customs.

3. A MARRIAGE CEREMONY- It shall be held with the appearance of the contracting

parties before the solemnizing officer and their personal declaration that they take each
other as husband and wife in the presence of not less than two witnesses.

N.B:
 The absence of any of the essential or formal requisites shall render the marriage void
ab initio.
 A defect in any of the essential requisites shall render the marriage voidable.
 An irregularity in the formal requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.

Forms of Marriage According to Number Of Persons

1. Monogamy
This refers to marriage of one male and one female only.
2. Polygamy
This refers to marriage between one person of one sex and minimum of two (2) persons
of the other sex.
Types of Polygamy

a. Polyandry- This refers to the marriage of one woman to two or more men.
b. Polygyny- This refers to the marriage of one man to two or more women.

NOTE:
In a state that practices marital monogamy like the Philippines, bigamy is a crime.
Bigamy in the general sense, is the act or condition of person contracting subsequent
marriage even if he is already married to another.

In the Philippines, the crime of bigamy is committed by any person who shall
contract a second or subsequent marriage before the former marriage has been legally
dissolved or the absent spouse has been declared presumptively means of judgment
rendered in the proper proceedings.

What motivates someone to marry?

a. Love
b. Parent’s wishes
c. Escape from loneliness
d. Financial security
e. Adventure
f. Protection
g. Sexual attraction
h. Economic
 AGENTS OF SOCIALIZATION

1. FAMILY

The most important agent in socialization. It is the most influential role and has a special
responsibility. It is the most influential in the life of a child. It is also in the family that the formative
years and development of the self and one’s personality have its crucial undertakings. From the
family the child is given care, emotional support, medical attention, shelter, education and other
basic support needs.

It is the basic social group that is united by blood (Consanguinity) and Marriage (Affinity); one that
generally lives together and participates in economic cooperation; provides security, socialization and
companionship; and aids in reproduction and preservation of the human race. It is the most universal
social institution.

The State recognizes the sanctity of family life and shall protect and strengthen family as a basic
autonomous social institution. It shall equally protect the life of the unborn from conception.

The State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being.

Consequently, family relations are governed by law and no custom, practice or agreement destructive
of the family shall be recognized or given effect.

Family relations include those between husband and wife; between parent and children; and among
brothers and sisters, whether full or half-blood.

2. SCHOOL-a formal agent of socialization. Children weaned from home are then introduced into the
society. It is in the school where emotional and intellectual growths are formally forged. Here, they
learned the basic formal instruction in the 5 RS of education which are Reading, Writing, Arithmetic,
Rational thinking and Right conduct.

From this agency, the child is gradually equipped to take on various roles in the society. The
schools are responsible in implanting various fields of knowledge to prepare the children for adulthood
and become productive, effective and responsible citizens.

3. PEERS- are another very potential agent of socialization. As the child grows, the role of the family
in socialization is gradually supplemented and at times replaced by the peer group. The peer group is
an informal grouping of 2 or more individuals about same age levels, neighborhood, school or friends.
Others call peer groups a gang or commonly called “barkada”. This is a group where parents have no
controls. Considering that they belong to about same age level, they have their own “culture” and
“language” distinct to them. A strong sense of camaraderie or belongingness pervades their
relationship.

In a peer group, one can observe that the group has no definite set of objectives or goals
except companionship. The depth of relationship is expressed in the values of pakikisama, damayan
or utang na loob.

4. MASS MEDIA- maybe in the form of print, broadcast or electronic. Thus almost every one could be
reached and influenced due to its tri-media system. The mass media is a socializing agent primarily to
inform, entertain and educate. It covers a wild filed of interest and the whole society is its audience,
that is from children to adults.

The influence of mass media could be either be good or bad. That is why one will notice that
there are media materials labeled as for general audiences, restricted or for adults only as the case
maybe. On TV shows for example, programs specifically designed for children have specific time slots
while those that are strictly for adults have different schedules.

Matters that must be considered regarding mass media

a. They have a lot of influence over the mind of millions of the populace all over the archipelago
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 b. With the modern trends of communication, mass media and radio broadcast have been and are
considered the best instruments for information dissemination and the best source of
knowledge for the public and it is through media and radio broadcast where public opinions are
formed and that is where their influence lies. Hence, politicians are spending too much in their
campaign using the mass media.
c. It is mass media that gives food for thought to the people
Hence, even people form remote areas which cannot be reached by medical authorities know
what medicines to use and their dosage for sickness even without the necessary physician’s
prescription.

Contribution of media in preventing crimes and delinquency

a. The mass media and radio programs should be constructively designed to influence the
opinions, emotions and behavior of the people so that they will behave in a manner beneficial
to the government particularly in its campaign for the restoration of peace and order.
b. They should not broadcast sensationalize issues that would undermine the public’s trust to the
extent of creating panic and hysteria among the people, thereby affecting the programs of the
government for the peace and order, and;
c. Their personnel should not be fault –finders but constructive critics in the support of the
objectives of the criminal justice system. Being one of the most effective instruments to the
public, its personnel should adhere strictly, to the ethics of mass media and radio broadcasting.

Responsible Journalism and broadcasting requires a thorough investigations of facts as pre-

requisite for press releases and radio broadcast.

Role of mass media under R. A 9344

The mass media shall pay an active role in the promotion of child rights and delinquency
prevention by relaying consistent messages through a balanced approach. Media practitioners shall
therefore have the duty to maintain the highest critical and professional standards in reporting and
covering cases of CICL. In all publicity concerning children, the best interest of the child should be the
primordial and paramount concern. Any undue, inappropriate and sensationalized publicity of any case
involving CICL is hereby declared violation of the child rights.

5. RELIGION-is an agent of socialization that can assist in giving a society a sense of direction. Morals
and values which are inherent in religion can give guidance about what is appropriate in terms of roles
and behaviors of a society or individual. It is taught for instance, “honor your father and your mother”
and likewise concretely expressed in the family by way of “mano po”’ and similar ways of showing
respect in school to our teachers who are acting as parents in school.

6. GOVERNMENT-The organization or agency through which a political unit exercises its authority,
controls and administers public policy, and directs and controls the actions of its members or subjects.

3 inherent powers:
1. Power of taxation
2. Power of eminent domain
3. Police power

Composition:
1. Executive - president is the chief executive
2. Judiciary - in the administration of justice and imposition of penalty
3. Legislative - enactment and proposal of laws
a. House of representatives
b. Senate

CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to
as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20)
members. The lupon shall be constituted every three (3) years in the manner provided herein.
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 (b) Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity, may be appointed a member of the lupon.
(c) 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 (15) days from the start of his term of office. Such notice shall be posted in three
(3) conspicuous places in the barangay continuously for a period of not less than three (3)
weeks;
(d) The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointment as may have been made within the
period of posting, shall within ten (10) days thereafter, appoint as members those whom he
determines to be suitable therefor. Appointments shall be in writing, signed by the punong
barangay, and attested to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until a new lupon is constituted on the third
year following his appointment unless sooner terminated by resignation, transfer of residence or place
of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of
all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) 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; and
(c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the
secretary of the lupon. He shall record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or municipal courts. He shall also receive
and keep the records of proceedings submitted to him by the various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) 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.
Should the parties fail to agree on the pangkat membership, the same shall be determined by
lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among themselves the
chairman and the secretary. The secretary shall prepare the minutes of the pangkat
proceedings and submit a copy duly attested to by the chairman to the lupon secretary and to
the proper city or municipal court. He shall issue and cause to be served notices to the parties
concerned.
The lupon secretary shall issue certified true copies of any public record in his custody that is
not by law otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to
the dispute from among the other lupon members. Should the parties fail to agree on a common
choice, the vacancy shall be filled by lot to be drawn by the lupon chairman.
Section 406. Character of Office and Service of Lupon Members.  -
(a) The lupon members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of
this Code. The Department of the Interior and Local Government shall provide for a system of

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 granting economic or other incentives to the lupon or pangkat members who adequately
demonstrate the ability to judiciously and expeditiously resolve cases referred to them. While in
the performance of their duties, the lupon or pangkat members, whether in public or private
employment, shall be deemed to be on official time, and shall not suffer from any diminution in
compensation or allowance from said employment by reason thereof.
Section 407. Legal Advice on Matters Involving Questions of Law.  - The provincial, city legal officer or
prosecutor or the municipal legal officer shall render legal advice on matters involving questions of law
to the punong barangay or any lupon or pangkat member whenever necessary in the exercise of his
functions in the administration of the katarungang pambarangay.
Section 408. Subject Matter for Amicable Settlement; Exception Thereto.  - The lupon of each
barangay shall have authority to bring together the parties actually residing in the same city or
municipality for amicable settlement of all disputes except:
(a) Where one party is the government, or any subdivision or instrumentality thereof;
(b) Where one party is a public officer or employee, and the dispute relates to the performance
of his official functions;
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
(d) Offenses where there is no private offended party;
(e) 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;
(f) 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;
(g) Such other classes of disputes which the President may determine in the interest of Justice
or upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under this
Code are filed may, at any time before trial motu propio refer the case to the lupon concerned
for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay.
(b) Those involving actual residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the respondents actually
resides, at the election of the complaint.
(c) All disputes involving real property or any interest therein shall be brought in the barangay
where the real property or the larger portion thereof is situated.
(d) 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 in the barangay where
such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the punong barangay;
otherwise, the same shall be deemed waived. Any legal question which may confront the
punong barangay in resolving objections to venue herein referred to may be submitted to the
Secretary of Justice, or his duly designated representative, whose ruling thereon shall be
binding.
Section 410. Procedure for Amicable Settlement.  -
(a) Who may initiate proceeding - Upon payment of the appropriate filing fee, 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 chairman of the barangay.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman shall
within the next working day summon the respondent(s), with notice to the complainant(s) for
them and their witnesses to appear before him for a mediation of their conflicting interests. If
he fails in his mediation effort within fifteen (15) days from the first meeting of the parties
before him, he shall forthwith set a date for the constitution of the pangkat in accordance with
the provisions of this Chapter.
(c) Suspension of prescriptive period of offenses - While the dispute is under mediation,
conciliation, or arbitration, the prescriptive periods for offenses and cause of action under
existing laws shall be interrupted upon filing the complaint with the punong barangay. The
prescriptive periods shall resume upon receipt by the complainant of the complainant or the
certificate of repudiation or of the certification to file action issued by the lupon or pangkat

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 secretary: Provided, however, That such interruption shall not exceed sixty (60) days from the
filing of the complaint with the punong barangay.

(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not
later than three (3) days from its constitution, on the day and hour set by the lupon chairman,
to hear both parties and their witnesses, simplify issues, and explore all possibilities for
amicable settlement. For this purpose, the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the event that a party moves to disqualify any
member of the pangkat by reason of relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative
vote of the majority of the pangkat whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided for.
(e) Period to 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.
Section 411. 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. When the parties to the dispute do not use the same language or
dialect, the settlement shall be written in the language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding
involving any matter within the authority of the lupon shall be filed or instituted directly in court
or any other government office for adjudication, unless there has been a confrontation between
the parties before the lupon chairman or the pangkat, and 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 or unless the settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the
following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
(c) Conciliation among members of indigenous cultural communities. - The customs and
traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by
the arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may
be repudiated within five (5) days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed. The arbitration award shall be made
after the lapse of the period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to the parties. When
the parties to the dispute do not use the same language or dialect, the award shall be written in
the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be
public and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except for minors
and incompetents who may be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration Award.  - The amicable settlement and
arbitration award shall have the force and effect of a final judgment of a court upon the expiration of
ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition
to nullify the award has been filed before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of
Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.

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Section 417. Execution. - The amicable settlement or arbitration award may be enforced by execution
by the lupon within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court.
Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from the date of the
settlement, repudiate the same by filing with the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove provided.
Section 419. Transmittal of Settlement and Arbitration.  - Award to the Court. - The secretary of the
lupon shall transmit the settlement or the arbitration award to the appropriate city or municipal court
within five (5) days from the date of the award or from the lapse of the ten-day period repudiating the
settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon
chairman.
Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the lupong
tagapamayapa, and the members of the pangkat are hereby authorized to administer oaths in
connection with any matter relating to all proceedings in the implementation of the katarungang
pambarangay.
Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as the case may
be, shall see to the efficient and effective implementation and administration of the katarungang
pambarangay. The Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.
Section 422. Appropriations. - Such amount as may be necessary for the effective implementation of
the katarungang pambarangay shall be provided for in the annual budget of the city or municipality
concerned.

RESTORATIVE JUSTICE

This model integrates the traditional rehabilitative philosophy of the juvenile courts with increasing
societal concern about victim’s rights and community safety.
Restorative justice programs attempt to make offenders more accountable by having them make
amends to the victims and community, while at the same time improving their competency
development by changing their behavior and improving functional skills.

Overview of Retributive Justice and Restorative Justice

Retributive Justice Restorative Justice

1. Crime is an act against the state 1. crime is against another person in the
community

2. Criminal justice system control crime 2. Crime control lies primarily in the
community

3. Offender accountability as defined as taking 3. Accountability is defined as assuming

punishment responsibility and taking action to repair
them

4. Crime as an individual act with individual 4, crime has both ends and social
responsibility dimensions of responsibility

5. Punishment effective 5. Punishment alone is not effective in

changing behavior

6. Victims are peripheral to the process 6. Victims are central to the process of
resolving a crime

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7. The offender is defined by defect 7. Offender is defined with capacity to
make separation

8. Focus on establishing blame/guilt 8. Focus on problem solving

9. Emphasis on adversarial relationship 9. Emphasis on dialogue and

negotiations

10. Imposition of pain to punish and to 10. restitution as a means of restoring

defer/prevent both parties- goals of reconciliation

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