CRIMINAL LAW AND JURISPRUDENCE

INTRODUCTION TO
CIMINAL JUSTICE SYSTEM

BY : Atty JAY M. FERRARO

 • CRIMINOLOGY
• CRIME
• CRIMINAL
• JUSTICE
• CRIMINAL JUSTICE SYSTEM
• FIVE PILLARS OF PCJS
 CHAPTER 1
TERMINOLOGIES
 CRIMINOLOGY
• body of knowledge regarding crime as a
social phenomenon.

• It includes within the scope the process of

making laws, breaking laws and the
society’s reaction towards the breaking of
the law.
 CRIME
General Sense

act punishable by public law, committed

and/or omitted by a competent person
intentionally and/or voluntarily.
 CRIME

FELONY – violations of Revised Penal Code

OFFENSE – violations of Special Laws
INFRACTION – violations of Ordinance
 CRIMINAL
The criminal is the main character
of the Criminal Justice System
 CRIMINAL

Criminological Sense
A person who committed a crime
regardless whether reported or
referred.
 CRIMINAL
Legal Sense
guilty
A person who was found
beyond reasonable doubt.
 NOMENCLATURES
1. At the police stage- SUSPECT.
2. At the Prosecutors office-RESPONDENT.
3. At the trial of the case in court-ACCUSED.
4. At the Correctional Institution- CONVICT
5. After serving sentence, brought back to
community- CRIMINAL.
 JUSTICE

• Simply means giving

someone what is due to
him.

• Being fair and just.

1. Innocent is punished
2. Guilty escapes the punishment
3. Guilty are punished more severe
than necessary
4. Guilty are punished less severe than
necessary
TWO-FOLD ROLE OF JUSTICE
1. Prevention of Crime
2. Apprehension and delivery of justice
to Criminal and the State
 CRIMINAL JUSTICE
defined as the system of law enforcement,
adjudication, and coercion that is directly
involved in the apprehension, prosecution, and
control of those charged with criminal offense.
 CRIMINAL LAW
Criminal Law is that branch of public,
which defines crimes, treats of their
nature, and provides for their punishment.
TWO CLASSIFICATIONS OF
CRIMINAL LAW
A. SUBSTANTIVE
-defines the elements that are necessary
for an act to constitute as a crime and
therefore punishable.
B. PROCEDURAL
-refers to a statute that provides
procedures appropriate for the enforcement of
the Substantive Criminal Law.
 2 BASIC PRINCIPLES OF
CRIMINAL LAW IN THE
ADMINISTRATION OF THE CJS
1. Presumption of Innocence
2. Burden of Proof
 CHAPTER 2: BASIC CONCEPTS
OF CRIMINAL JUSTICE SYSTEM
 CRIMINAL JUSTICE SYSTEM
Criminal Justice System refers to the sum total of
instrumentation which a society uses in the prevention and
control of crime and delinquency.

It refers to the machinery of the state or government which

enforces the rules of conduct necessary to protect life and
property and to maintain peace and order.

It also comprises all the means used to enforce those

standards of conduct which are deemed necessary to protect
individuals and to maintain general community well being.
PHILOSOPHIES BEHIND THE CJS
1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures

2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused
 CHAPTER 3:
THE PHILIPPINE CRIMINAL
JUSTICE SYSTEM
FIVE PILLARS OF PCJS
1. LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTIONS
5. COMMUNITY
 FIRST PILLAR:
LAW ENFORCEMENT
 LAW ENFORCEMENT
-POLICE pillar
-prime mover of CJS
-frontline of the CJS
-initiator of the system
-first contact of the law violator
-It investigates, makes arrests and prepares
evidence against the suspects needed to
prosecute them.
 LAW ENFORCEMENT
This pillar is comprised of the different law
enforcement agencies in the country such as
the Philippine National Police, the National
Bureau of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of Customs,
the Bureau of Internal Revenue, and the Land
Transportation Office, among many others.
 LAW ENFORCEMENT
PHILIPPINE NATIONAL POLICE
- organized pursuant to RA 6975, as
amended by RA 8551 as further amended by
R.A. 9708.
 RELEVANT LAWS ON THE
ORGANIZATION OF THE PNP:
1. RA 6975 –
“Department of the Interior and Local Government Act of 1990”
approved on Dec 13, 1990

2. RA 8551 –
the “PNP Reform and Reorganization Act of 1998.
approved on February 25, 1998.

3. RA 9708 –
“An Act extending for 5 years the reglementary period for complying
the minimum educational qualification for appointment to the PNP and
adjusting the promotion system thereof”.
Approved on August 12, 2009
PHILIPPINE NATIONAL POLICE
- a law enforcement agency under the DILG.
- under administrative control and operational
supervision of the National Police Commission.
It is an organization that is national in scope and civilian
in character, as provided by Section 6, Article 16 of the 1987
Philippine Constitution: “The state shall establish and maintain
one police force which shall be national in scope and civilian in
character…”
POWERS AND FUNCTIONS OF THE PNP
1. Enforce all laws and ordinances relative to the protection of lives and
properties;
2. Maintain peace and order and take all necessary steps to ensure public
safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders,
bring offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in
accordance with the Constitution and pertinent laws;
5. Detain an arrested person for a period not beyond what is prescribed by
law, informing the person so detained of all his rights under the Constitution;
6. Issue licenses for the possession of firearms and explosives in
accordance with law;
7. Supervise and control the training and operations of security agencies
and issue licenses to operate security agencies and to security guards and
private detectives, for the purpose of their professions.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
I. LAW ENFORCEMENT
The Philippine National Police has the power to
enforce laws and ordinances relative to the
protection of lives and property, such as the
Revised Penal Code, other special penal laws and
city and municipal ordinances.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY
II. CRIME PREVENTION
Is the elimination of the opportunity for the
commission of a crime.

III. POLICE PATROL

Patrol has been described as the backbone of the
police department. Theoretically, patrol officers
are the most valuable people in the organization.
POLICE ROLES AND FUNCTIONS
IN THE SOCIETY

V. CRIMINAL APPREHENSION - the legal

term for criminal apprehension is arrest.
 ARREST
Arrest is the taking of a person into custody
in order that he may be bound to answer for
the commission of an offense.

Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant
 ARREST

An arrest may be made on any day and at any

time of the day or night, even on a Sunday.
 WARRANT OF ARREST
- an order in writing issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
take a person into custody in order that he may be
bound to answer for the commission of an offense.

- shall remain valid until the person to be

arrested has been arrested or has surrendered
CIRCUMSTANCES OF WARRANTLESS ARREST:
Arrest without warrant; when lawful. – A peace officer or a private
person may, without a warrant, arrest a person:

a. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit an
offense;

b. When an offense has just been committed and he has

probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
CIRCUMSTANCES OF WARRANTLESS ARREST:

c. When the person to be arrested is a prisoner who

has escaped from a penal establishment or place where
he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being
transferred from one confinement to another.
 SEARCH AND SEIZURE

Search refers to the examination of an

individual’s person, house, papers or effects,
or other buildings and premises to discover
contraband or some evidence of guilt to be
used in the prosecution of a criminal action.
 SEARCH WARRANT
- an order in writing issued in the name of the People of
the Philippine, signed by a judge and directed to a peace
officer, commanding him to search for personal
property described therein, and bring it before the court

- has a validity period of TEN (10) days

- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;

b. Stolen or embezzled and other
proceeds, fruits of the offense; or
c. Use or intended to be used as the
means of the commission of the offense.
 CIRCUMSTANCES OF
WARRANTLESS SEARCH:
a. Warrantless search incidental to a lawful
arrest under Sec. 12, Rule 128 Rules of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances
 CRIMINAL INVESTIGATION

is an art, which deals with identity and

location of the offender and provides
evidence of his guilt in criminal
proceedings.
 NATIONAL BUREAU OF
INVESTIGATION (NBI)

November 13, 1936

Commonwealth Act No. 181
The NBI is a government entity
that is civilian in character, and
national in scope which is under the
Department of Justice.
 PHILIPPINE DRUG
ENFORCEMENT AGENCY (PDEA)
Republic Act 9165.
Implementing arm of the Dangerous Drug Board (DDB).

Head- Director General with the rank of Undersecretary.

Assisted by 2 deputies Director General, with the rank of

Assistant Secretary, 1 for Operations and 1 for Administration.
SECOND PILLAR:
PROSECUTION
 PROSECUTION
Prosecution is the course of action or process whereby
accusations are brought before a court of justice to
determine the innocence or guilt of he accused.

The party in a criminal proceeding who instituted the

criminal action is called the prosecution.

The party against whom the criminal action was

instituted is called the defense.

In all criminal prosecutions, the real offended party is

the People of the Philippines.
 THE PROSECUTOR
The prosecutor is the officer of the
government whose function is the
prosecution of criminal actions partaking the
nature of criminal actions. He is also referred
to as public prosecutor and fiscal.
THE NATIONAL PROSECUTION SERVICE (NPS)

Presidential Decree No. 1275

The NPS is under the supervision and control of the

Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government.

Headed by a Prosecutor General (formerly known as Chief

State Prosecutor) pursuant to R.A. 10071, otherwise known
as the “Prosecution Service Act of 2010”.
 PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for
trial (Sec. 112, Criminal Procedure, Rules of Court).

It is required to be conducted before the filing of the

information for an offense where the penalty prescribed by law
is at least 4 yrs, 2 mos. and 1 day.

The purpose of conducting preliminary investigation is to

establish probable cause.
 PROBABLE CAUSE
Probable cause refers to the existence of such
facts and circumstances as would excite a belief in
a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person
charged is guilty of the crime for which he is
prosecuted.
It is the degree of evidence required in preliminary
investigation.
PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION:
a. Provincial or City Prosecutors and their assistants;
b. judges of the municipal trial courts and municipal circuit trial courts
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan’s special prosecutors as authorized by the
Ombudsman
2. COMELEC’s authorized legal officers in connection with
election offenses
3. Special prosecutors appointed by the Secretary of Justice
COMPLAINT
- is a sworn written statement charging a
person with an, offense, subscribed by the offended
party, any peace officer or other public officer charged
,with the enforcement of the law violated.

INFORMATION
- an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed
with the court.
 INQUEST PROCEDURE
Inquest procedure is an inquiry made by the duty
prosecutor to determine the legality of the arrest made
especially those arrests made without a warrant.

This process requires the prosecutors to resolve the

complaint the police filed in a prescribed period which
varies depending on the gravity of the offense:

light penalties = 12 hours

correctional penalties = 18 hours
afflictive penalties = 36 hours
THIRD PILLAR:
COURT
 COURT
Court, as the third pillar, is said to be the centerpiece
of the criminal justice system and its primary and most
important function as a component of the criminal
justice system is to decide whether the accused is
guilty or not guilty of the crime he is accused of
committing. It is within the power of this pillar to end
the process for the accused or to proceed with the next
pillar, which is correction.
 JUDICIAL POWER
is the power to apply the laws to contests or
disputes concerning legally recognized rights or
duties of and between the state and the private
persons or between individual litigants in cases
properly brought before the judicial tribunals.
 POWER OF JUDICIAL REVIEW
is the power of the Supreme Court to determine
whether laws passed by Congress and acts of
the President are in accordance with the
Constitution when the matter is raised.
 JURISDICTION
It is the authority of the court to hear and
try a particular offense and to impose the
punishment provided by law.
 VENUE
Refers to the place, location or site where the
case is to be heard on its merits.
REQUISITES FOR A VALID EXERCISE OF
CRIMINAL JURISDICTION:

1. The offense is one which the court is by law

authorized to take cognizance of
2. The offense must have been committed within
its territorial jurisdiction
3. The person charged with the offense must
have been brought to its presence for trial, forcibly,
by warrant of arrest or upon his voluntary
submission to the court.
 KINDS OF JURISDICTION
1. General – when the court is empowered to decide all
disputes which may come before it except those assigned in other
courts.
2. Limited – when the court has the authority to hear and
determine only a few specified cases.
3. Original - when the court can try and hear a case presented
for the first time
4. Appellate – when the court can try a case already heard and
decided by a lower court, removed from the latter by appeal
5. Exclusive – when the court can try and decide a case which
cannot be presented before any other court
6. Concurrent – when any of two or more courts may take
cognizance of a case.
 THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization Act of
1980 which defines the organization, composition and jurisdiction
of the courts.

1. Regular Courts
2. Special Courts
I. REGULAR COURTS

1. SUPREME COURT (SC)

- the highest court of the land.
- composed of a Chief Justice and 14 Associate Justices.
- has appellate jurisdiction over cases decided by the Court
of Appeals and has the power of judicial review.
- the court of last resort
I. REGULAR COURTS

COURT OF APPEALS (CA)

- headed by a Presiding Justice and composed of sixty-eight
(68) Associate Justices.
- has appellate jurisdiction over cases decided by the
Regional Trial Courts.
- It reviews not only the decisions and orders of the Regional
Trial Courts nationwide, but also those of the Court of Tax
Appeals.
I. REGULAR COURTS

3. REGIONAL TRIAL COURTS (RTC)

- presided by a Regional Judge.
- has general jurisdiction over criminal cases and has
jurisdiction over offenses punishable with imprisonment of
six (6) years and one (1) day and over.
- has appellate jurisdiction over cases decided by the MTCC,
MTC, MeTC and MCTC.
I. REGULAR COURTS
Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal
Circuit Trial Court/Metropolitan Trial Court

Original Jurisdiction: (a) all violations of city and municipal

ordinances, (b) all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, (c)
damage to property through criminal negligence.

MUNICIPAL TRIAL COURTS (MTC)

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)
MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)
METROPOLITAN TRIAL COURTS (MeTC)
II. SPECIAL COURTS

1. SANDIGANBAYAN
- Presidential Decree No 1606.
- equal to that of the Court of Appeals and Court of Tax
Appeals.
- Presiding Justice and fourteen (14) Associate Justices.
- This special court is tasked to handle criminal cases
involving graft and corruption and other offenses committed by
high- ranking public officers and employees in connection with the
performance of their functions.
- It has original exclusive jurisdiction over public officers
accused of committing crimes in relation to their official functions
and whose salary grade is 27 and above.
II. SPECIAL COURTS
2. COURT OF TAX APPEALS (CTA)
- created by Republic Act No 1125, as amended by
Republic Act No 9282.
- It is composed of a Presiding Justice and five (5)
Associate Justices.
- - It has both the original and appellate jurisdictions
over civil and criminal tax cases involving the
National Internal Revenue Code, Tariff and Customs Code
and the Local Government Assessment Code.
II. SPECIAL COURTS

3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083,
otherwise known as the Code of Muslim Personal
Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain
to family rights and duties as well as contractual
relations of Filipino Muslims. And decisions
rendered by the Shari’a District Courts are final.
CRIMINAL PROCEEDINGS
A criminal proceeding consists of five main stages or parts:
1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal
First Stage: ARRAIGNMENT
- the reading of the criminal complaint or information
to the defendant, by the judge or clerk of court and
asking him whether he pleads guilty or not guilty as
charged.
- the stage where the accused is formally informed of the
charges against him
- the stage where the issues are joined in criminal
action and without which the proceedings cannot
advance further
- requires that the accused be personally or physically
present in court.
SECOND STAGE: PRE-TRIAL
- a conference called by the judge that requires the
presence of both the prosecution and the accused before the
beginning of a trial
- mandatory in all criminal cases

The following are to be taken up during the conference:

a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
f. such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.
PLEA BARGAINING
the process whereby the accused, the offended party and the
prosecution work out a mutually satisfactory disposition of
the case subject to court approval
THIRD STAGE: TRIAL
Trial is the examination before a competent tribunal,
according to the laws of the land, of the facts put in issue in a
case, for the purpose of determining such issue. It is the
period for the introduction of evidence by both parties.
- the period for the introduction of evidence by both
parties.
- it shall in no case exceed 180 days the first day of the trial,
except as otherwise provided by the Supreme Court.
FOURTH STAGE: JUDGMENT
Judgment of Conviction - if the judge finds the accused guilty
of the charges against him.

Judgment of Acquittal - if the judge finds the accused not

guilty of the charges against him.

Promulgation of Judgment - is an official proclamation or

announcement of the decision of the court. The judgment is
promulgated by reading in the presence of the accused and
any judge of the court in which it was rendered.
FOURTH STAGE: JUDGMENT
A judgment becomes final:
1. when the period for perfecting appeal an appeal has lapsed;
2. when the sentence is partially or totally satisfied or served;
3. when the accused expressly waives in wilting his right to appeal and
4. when the accused applies for probation.
FIFTH STAGE: APPEAL
- the elevation by an aggrieved party of any decision, order or award
of a lower body to a higher body, by means of a document which
includes the assignment of errors, memorandum of arguments in
support thereof, and the reliefs prayed for.
- an appeal must be within fifteen (15) days from promulgation of
judgment, the period for perfecting an appeal.
- the accused may or may not appeal his case
- when the accused decides not to appeal his case, the decision
becomes final and executory
- on appeal, the State is represented by the Solicitor General
FIFTH STAGE: APPEAL
- the elevation by an aggrieved party of any decision, order or award
of a lower body to a higher body, by means of a document which
includes the assignment of errors, memorandum of arguments in
support thereof, and the reliefs prayed for.
- an appeal must be within fifteen (15) days from promulgation of
judgment, the period for perfecting an appeal.
- the accused may or may not appeal his case
- when the accused decides not to appeal his case, the decision
becomes final and executory
- on appeal, the State is represented by the Solicitor General
FOURTH PILLAR:
CORRECTIONS
CORRECTIONS
It is the branch of administration of criminal justice charged with the
responsibility for the custody, supervision and rehabilitation of convicted
offenders. It also deals with punishment, treatment and incarceration of
offenders.
It is composed of the institutional and non-institutional agencies of
the government.

PENOLOGY
- a branch of criminology which deals with the treatment,
management and administration of inmates
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
1. RETRIBUTION
-imprisonment is supposed to be the payment of the offender to the
victim or the victims family for the crime he committed against him or them.

2. DETERRENCE
- imprisonment is supposed to discourage convicted offenders from
committing crimes again because of their experience in the prison or jail
-at the same time, imprisonment is supposed to discourage

3. ISOLATION
- convicted offenders are separated from society to prevent them from
committing another crime
- at the same time, imprisonment protects law-abiding citizens from the harm
criminals may inflict on them.
PURPOSES/OBJECTVES OF MODERN CORRECTIONS:
4. REFORMATION
- this involves the use of punitive and disciplinary measures such as solitary
confinement to modify or reform criminal behavior whose conduct and
deportment is not totally responding to rehabilitation programs

5. REHABILITATION
- based on the premise that through correctional intervention, such as
educational and vocational training and psychotherapeutic programs, an
offender may be changed

6. REINTEGRATION
- the effort of correction to change criminal behavior should result in
a situation and ability on the part of the penitent offender to return to society
in some productive and meaningful capacity in a free community.
PENALTY
- the suffering that is inflicted by the State
for the transgression of the law.

PUNISHMENT
- it is the redress that the state takes against
the offender member of society
MITTIMUS
- is a warrant issued by a court bearing its seal
and the signature of the judge directing the jail or
prison authorities to receive the convicted offender
for service of sentence.

COMMITMENT ORDER
- is a written order of a court or authority
consigning a person to jail or prison for detention.
INSTITUTIONAL CORRECTIONS
DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:
OLD BILIBID PRISON
- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa
BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act
of 1905, enacted on 1 November 1905, as an agency under the Department of
Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No
292 dated 22 November 1989.
SEVEN (7) PRISONS AND PENAL
FARMS IN THE PHILIPPINES
1. SAN RAMON PRISON AND PENAL FARM
2. IWAHIG PENAL COLONY
3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)
4. DAVAO PENAL COLONY
5. NEW BILIBID PRISON
6. SABLAYAN PRISON AND PENAL FARM
7. LEYTE REGIONAL PRISON
INSTITUTIONAL CORRECTIONAL AGENCIES
IN THE PHILIPPINES
1. Bureau of Corrections
-an attached agency of the Department of Justice
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
- exercises over all control and supervision of all the corrections/prisons
facilities nationwide
- has custody of prisoners sentenced to imprisonment of more than three (3) years

2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each
province. It shall be under the supervision and control of the provincial governors.
3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic Act
6975, exercises supervision and control over all district, city and municipal jail
nationwide. Formally established on January 2, 1991.
CLASSIFICATION OF PRISONERS
1. DETENTION PRISONERS - those held for security
reasons, investigation, those awaiting or undergoing trial
and awaiting judgment.
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
CLASSIFICATION OF PRISONERS
1. SENTENCED PRISONERS - those convicted by final
judgment and are serving their sentence
a. Municipal Jail Prisoner – 1 day to 6 months.
b. City Jail Prisoner – 1 day to 3 years
c. Provincial Jail – 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1
day to Reclusion Perpetua or Life Imprisonment.
PRISON
- under the supervision of the national government through
the Bureau of Corrections under the Department of Justice.
- has custody over convicted offenders whose sentence is
imprisonment of three years and one day and above.
JAIL
- under the supervision of the local government through
either the Office of the Provincial Governor or Bureau of Jail
Management and Penology, both under the Department of
Interior and Local Government
- has custody over convicted offenders whose sentence is
imprisonment of three years or less
- has custody over offenders who are in detention while
undergoing investigation, undergoing trial and awaiting
judgment
NON-INSTITUTIONAL CORRECTIONS
BOARD OF PARDONS AND PAROLE

- grants parole and recommend to the President the grant

of any form of executive clemency to deserving prisoners or
individuals
- reviews reports submitted by the Parole and Probation
Administration and make necessary decisions.
- a functional unit under the Department of Justice
NON-INSTITUTIONAL CORRECTIONS
PAROLE AND PROBATION ADMINISTRATION

- originally called Probation Administration and was

created by virtue of PD 968 of 1976
- was renamed Parole and Probation Administration by
EO No 292
- given the added function of supervising prisoners who,
after serving part of their sentence in jails or prisons, are
released on parole with parole conditions
- an attached agency to the Department of Justice
NON-INSTITUTIONAL CORRECTIONS
Department of Social Welfare and Development (DSWD)

renders services for Children in Conflict with

the Law (CICL) (RA 9344, Juvenile Justice and
Welfare Act of 2006, April 28, 2006).
EXECUTIVE CLEMENCY
- the collective term for absolute pardon, conditional
pardon, reprieve and commutation of sentence.

1. PARDON
- is a form of executive clemency granted by the
President as a privilege extended to convicts as a
discretionary act of grace.
TWO (2) KINDS OF PARDON
a. ABSOLUTE PARDON - refers to the total extinction of
the criminal liability of the individual
b. CONDITIONAL PARDON - refers to an exemption of
an individual, within certain limits or conditions, from the
punishment that the law inflicts for the offense he has
committed resulting in the partial extinction of his criminal
liability.
2. REPRIEVE
- the temporary stay of the execution of a sentence,
usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already
affirmed by the Supreme Court
3. COMMUTATION OF SENTENCE
- an act of clemency by which a heavier or longer
sentence is reduced to a lighter or shorter term
- refers to the reduction of the duration of a prison
sentence
- another prerogative of the President
4. AMNESTY
- a special form of pardon exercised by the President
- a general pardon extended to a certain class of
people who are usually political offenders
- needs the concurrence or approval of Congress
PAROLE
- a procedure by which prisoners are selected for
release on the basis of individual response and progress
within the correctional institution and a service by which
they are provided with necessary control and guidance as
they serve the remainder of their sentence within the
community
- provided by Act No 4103, the Indeterminate Sentence
Law, which took effect on 5 December 1933.
PROBATION
Is a disposition under which a defendant after
conviction and sentence, is released subject to conditions
imposed by the court and under the supervision of a
probation officer. It is a privilege granted by the court to a
person convicted of a criminal offense to remain in the
community instead of actually going to prison.
- provided by Presidential Decree No 986, the Probation
Law of 1976
FIFTH PILLAR:
COMMUNITY
Role of the Community as the fifth pillar of
the Criminal Justice System
The community is understood to mean as “elements
that are mobilized and energized to help authorities in
effectively addressing the law and order concern of the
citizenry.”
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
The responsibilities of the community in
relation to Law Enforcement
As one of the pillars or component of the Criminal Justice
system, the community with its massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals,
and the proliferation of organized crimes and syndicates;
(c) volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.
Laws Governing Barangay Justice System
PD 1508
“An Act Establishing a System of Amicably Settling Disputes at the Barangay Level”
RA 7160
RA 7160 is otherwise known as the 1991 Local Government Code.
This gives barangays the mandate to enforce peace and order and provide support for the
effective enforcement of human rights and justice.
Batas Pambansa Blg. 337 or the 1983 Local Government Code
Katarungang Barangay (KP) is a system of
justice administered at the barangay level for the purpose
of amicable settling disputes through mediation,
conciliation or arbitration among the family or barangay
without resorting to the courts.
Barangay
The basic political unit
Serves as the primary planning and implementing
unit of government policies, plans, programs,
projects, and activities in the community, and as a
forum wherein the collective views of the people
may be expressed, crystallized, and considered,
and where disputes may be amicably settled. (Sec
384 of the Local Government Code)
Composition of Barangay Officials

A Punong Barangay (5-yr term)

Seven(7) Sangguniang Barangay Members
Sangguniang Kabataan Chairman
A Barangay Secretary
A Barangay Treasurer
General Rules

1. NO LAWYERS allowed in barangay

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

1. ONE OR BOTH PARTIES ARE JURIDICAL PERSON OR

CORPORATION
2. OFFENSES INVOLVING GOVERNMENT ENTITY
3. OFFENSES WITH MAXIMUM PENALTY OF 1 YEAR AND
EXCEEDING FINE FIVE THOUSAND (P5,000.00)
4. OFFENSES WITH NO PRIVATE PARTY (VICTIMLESS
CRIME)
5. REAL PROPERTIES IN DIFFERENT CITIES OR
MUNICIPALITIES, DISPUTES THAT NEED URGENT
LEGAL ACTION, LABOR DISPUTES, LAND DISPUTES
AND ACTION TO ANNUL A JUDGMENT UPON A
COMPROMISE.
Cases directed to court

1.IF THE PERSON IS ALREADY DETAINED.

2.IN CASE OF HABEAS CORPUS.
3.THERE IS PROVISIONAL REMEDY.
4.PRESCRIBED
 Venue

1. If both parties are residents of the same barangay,

before the Lupon of the barangay.
2. Different barangays but in the same municipality, in the
barangay of the respondent.
3. If real property is involved, in the place of real property.
4. If it involves work, in the place of work.
Lupong Tagapamayapa

Lupong Tagapamayapa (Lupon) is a body organized in

every barangay composed of Punong Barangay as the
Chairperson and not less than ten (10) and more than
twenty (20) from which the members of every Pangkat
shall be chosen.
Pangkat Tagapagkasundo

Composition
Pangkat ng Tagapagkasundo is a conciliation panel constituted for
each dispute brought before the Lupon. It is composed 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 Barangay Chairman.
THE END