Criminal Justice

System
ATTY. DHEA-AMOR A CABUG
What is Criminal Justice System?
1. Criminal Justice System (CJS) is the machinery used by the society
to prevent and control crime. It is the tool of a democratic
government to protect the people against criminality and other
peace and order problems.

2. In theory, CJS is an integrated process primarily concerned with

apprehension, prosecution, trial, adjudication, and correction of
criminal offenders.

3. CJS is a legal process of linking the law enforcement, prosecution,

courts, corrections, and community to have an integrated scheme of
investigating and preventing crimes with the ultimate purpose of
promoting justice.
What is Justice?

In the broadest sense, it consists of human relations in

accordance with the general principles impartially applied. It is
the observance of one's night.
Essence of Justice
The figure of Justitia, the goddess
of justice, is considered to be a
symbol of justice. In her left hand she
holds scales (symbolic of using just
weights for measuring goods and of
having balanced opinions) and in her
right hand a sword (to ensure that
justice is in victor). To represent
impartial judgment, she wears a
blindfold.
Mortimer J. Adler's two precepts as indicating the true
essence of justice
1. "Render to each is due”
For instance, if one borrows money promising to pay it back, the just
thing to do is to pay it back. It is rendering to him what is due. To refuse
to pay it back is unjust since it amounts to keeping what belongs to
another.
2. "Treat equals equally and unequal unequally in proportion to their
inequality”
For example, if all members of a class in school did not do their
assignments, all should receive the same grade otherwise there will be
injustice. Justice involves equal punishment for identical offenses and
equal rewards for identical merits.
The main objective of Criminal
Justice System:

The main objective of the Criminal Justice

System is justice to all and elimination of crime to
our society.
What are the five (5) Pillars of CJS?

1. Law Enforcement - maintains order and enforces the

criminal law.
2. Prosecution - presents the government's case from the time
of the defendants arrest through conviction sentencing in the
criminal court.
3. Courts - determine the guilt or innocence of those
offenders brought before it and expects to convict sentence
those found guilty of crimes while insuring that the innocent
are freed with out any consequence or burden.
4. Corrections - ordinarily represent the post-
adjudicating care given to offenders when a sentence
is impose by the court and the offender is placed in the
hands of the correctional.

5. Community - participates in the rehabilitation of the

accused once he sent back to the society.
Functions of the five components of
the CJS:
1. To prevent and control the commission of crime;
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the
people
4. To detect, investigate, apprehend, prosecute, and punish
those who violate the law
5. To rehabilitate the convicted criminal offenders and
reintegrate them into the community as law-abiding citizens
 CJS operates by linking the police, prosecuting agencies, courts,
correctional institutions, and the mobilized community to form an
operational cycle designed to promote justice for criminal victims as
well as those who are accused and convicted of crimes. The first four
pillars- law enforcement, prosecution, courts, and corrections -
pertain to the government agencies vested with official responsibility
in dealing with crime prevention and control.

The community pillar has the broadest jurisdiction. Under the

concept of the participative criminal justice system in the Philippines,
government agencies, agencies in the private sector, non-
government organizations, and ordinary citizens, become a part of
the CJS upon involvement in issues and activities related to crime
prevention and control.
OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING

1. LAW ENFORCEMENT: This first pillar consists mainly of

the police. The work of the police primarily involves
prevention and control of crimes by enforcing the laws,
investigating crimes, arresting offenders, and conducting
lawful search and seizure to gather necessary evidences
needed to file a criminal complaint.
2. PROSECUTION: The second pillar takes care of the investigation of
criminal complaints to ensure that there are reasonable grounds in filing
such complaints. In rural areas, the police may file the complaint with
the inferior courts (Municipal Tral Courts or the Municipal Circuit Tnal
Courts).
The judges of these inferior courts act as quasi- prosecutors only for
the purpose of the preliminary investigation. Once a prima facie case
has been determined, the complaint is forwarded to the City or
Provincial Prosecutor's Office, which will review the case. When the
complaint has been approved for filing with the Regional Trial Court,
the court issues an arrest warrant for the accused once the information
has been filed.
3. COURTS: The courts provide opportunity for the prosecution to present
evidence and establish proof of criminal guilt of the accused. During trial,
that the accused is given time in the court to disprove the accusation
against him. Our criminal justice system abides by the Constitutional
presumption that any person accused of a crime is presumed innocent
unless proven otherwise.

This means that the courts must determine the guilt of the accused
beyond reasonable doubt based on the strength of the evidence
presented by the prosecution. If there is any reasonable doubt that the
accused commit a crime, he has to be acquitted. The Rules of Court,
however, provides that the accused can be convicted of a lesser crime
than the crime he has been charged with in the information. But the
elements of the lesser offense should be necessarily included in the offense
charged, and such lesser crime was proven by competent evidence
4. CORRECTIONS: The fourth pillar takes over once the accused, after
having been found guilty, is meted out the penalty for the crime he
committed. He can apply for probation or he could be turned over to
a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation.

The offender could avail of the benefits of parole or executive

clemency once he has served the minimum period of his sentence.
When the penalty is imprisonment, the sentence is carried out either in
the municipal, provincial or national penitentiary depending on the
length of the sentence meted out.
5. COMMUNITY: This pillar has 2-fold role.
a. First, it has the responsibility to participate in law
enforcement activities by being partners of the peace
officers in reporting the crime incident, and helping in the
arrest of the offender.
b. Second, it has the responsibility to participate in the
promotion of peace and order through crime prevention
or deterrence and in the rehabilitation of convicts and their
reintegration to society.
What is Participative Criminal Justice?

Public and private agencies as well as citizens, become a part of the

CJS when they participate and become involved with issues and
activities related to crime prevention. Thus, citizen-based crime
prevention groups become part of the CJS within the framework of their
involvement in crime prevention activities and in the reintegration of the
convict who shall be released from the corrections pillar into the
mainstream of society.
THE LAW ENFORCEMENT PILLAR
What is Law Enforcement?
Law enforcement may refer to the policing body of the society or
the police force created by the government.

Law enforcement, used in another perspective, is the process of

implementing the laws enacted by the legislative body of the
national and local government for the purpose protecting the life,
rights and properties of the people while maintaining the peace and
order in the society.
 The Police stand at the forefront of the Criminal Justice
System. Law Enforcement is deterrent and preventive
activity.
It consists of patrolling to supervise conduct, investigating
the identity of offenders and/or recover stolen or missing
property, warning or arresting those who are probably guilty
of criminal behavior, and assisting in the prosecution and
trial of offenders. Its goals are all aimed towards the
prevention of crime and disorder, preservation of peace
and the protection of life, properties and individual
freedom.
 In the Philippines, the Philippine National Police (PNP),
under the Department of Interior and Local Government
(DILG) and the National Bureau of Investigation (NBI) under
the Department of Justice (DOJ) spearhead the law
enforcement function.
Philippine National Police
e. Detain an arrested person for a period not beyond what is prescribed
by law, informing the person so detained of all rights under the
Constitution
f. Issue licenses for the possession of firearms and explosives in
accordance with law.
g. 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 practice of their profession and;
h. Perform such other duties and exercise all other functions as may be
provided by law.
National Bureau of Investigation
The NBI had its origin in the Division of Investigation (DI) of the
Department of Justice. Its formation was included in the provisions of
Commonwealth Act No. 181, dated November 1938. Responsible for its
conceptualization and creation of the division were the late President
Manuel Luis Quezon, the late Secretary of Justice Jose Yulo. On June 19,
1947, Republic Act no. 157 created the National Bureau of Investigation.
Its organization, functions and objectives was patterned after the FBI. It
focuses on syndicate activities and special investigations.
When a crime is committed, how does it
reach the attention of the police?

1. When witnesses or concerned citizens report a

criminal incident
2. When the offended party files a criminal
complaint
3. By the spontaneous action or self-initiation of the
directly concerned Law Enforcement agencies
Upon knowing that a crime has been committed,
how should the police respond?
1. Proceed at the crime scene ASAP
2. Arrest the perpetrators if they are still present at the crime scene.
3. Protect the crime scene.
4. Conduct crime scene search
5. Seize contrabands or weapons under the possession of suspects.
6. Interview victims and witnesses.
7. Get the deposition (statement) of the suspect's, victim/s, and
witness/es.
8. File the appropriate case against the suspect's.
Arrest
Arrest- is made by actual restraint of the person arrested, or by his
submission o the custody of the person making the arrest.

Arrest by Virtue of a Warrant - It shall be the duty of an officer to

whom the warrant of arrest is delivered to the defendant and
without unnecessary delay take the person arrested before the
judge or before some other person in authority who issued the
warrant as directed therein.
Method of Arrest by Officer by Virtue of a
Warrant
When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and of
the fact that a warrant has been issued for his arrest, except when
he flees or forcibly resist before the officer has opportunity so to
inform him, or when the giving of such information will imperil the
arrest. The officer need to have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable.
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 in fact just been committed and he
has personal knowledge of facts indicating that the person to
be arrested had committed it;

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 temporarily confined while his case is
pending or has escaped while being transferred from one
confinement to another,
PROSECUTION PILLAR

Prosecution may refer to the agency responsible in

presenting the government's position in criminal cases
and evaluating evidences presented by the law
enforcement.
What is Prosecution?

It is the process or method whereby

accusations are brought before the court of
justice to determine the innocence or guilt of the
accused.
PROSECUTION AGENCIES
Government agencies
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor Municipal
Prosecutors
e. Office of the Provincial, City, and
f. Public Attorneys Office
FUNCTIONS OF THE PROSECUTION
AGENCIES
1. Evaluate the police findings referred to them, or other
complaints filed directly with them by individual persons;
2. File corresponding criminal complaints or information in
the proper courts on the basis of their evaluation on the
proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of
the people of the Philippines
WHO IS A PROSECUTOR?
1. A Prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at his
office and perform other prosecution functions as provided by
law.
2. The Prosecutor is not just an ordinary official of the
government; court whose criminal responsibility under the law
is to carry out the CJS thru an adequate examination of the
offense charged and to prosecute a person without sacrificing
fairness and justice.
The Prosecutor has a dual
function/duty:
1. As a Prosecutor per se: Basically, the Prosecutor represent the
governments criminal case during court proceedings from the time of
the suspect's arrest up to the adjudication of his case.

2. As the chief law enforcement officer: The Prosecutor has the

inherent responsibility to supervise all criminal cases under
investigation by the local police force as well as non- prosecution
police-oriented activities.
 THE PROSECUTION PROCESS
1. Filing of Complaint
Complaint is legally defined as 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. (Sec. 3, Rule
110, ROC)

2. Preliminary Investigation
Preliminary Investigation refers to an inquiry or proceeding for the purpose of
determining whether there is a sufficient ground to engender a well-founded
belief that a crime has been committed and that the suspect/respondent is
probably guilty thereof. and should be held for trial. (Sec. 1, Rule 112, ROC)
Officers authorized to conduct
Preliminary Investigation:
a. Provincial or City fiscals and their assistants
b. Judges of the MTC and the MCTC
c. National and Regional state prosecutors
d. Such other officers as may be authorized by law
The Role of the Prosecutor
1. Serving as the lawyer of state/government in criminal cases, the
prosecutor is automatically considered an officer of the court, at
the same time. He is formally a member of the Department of
Justice, under the executive branch of the Government, and thus
independent from the judiciary. Since prosecution in criminal
cases is initiated on behalf of the people (The State vs. the
accused) rather that on behalf of the individual agencies.

2. The prosecution service is made up of the Provincial and City

Prosecutors, Chief State prosecutor, asst. City/Provincial/State
Prosecutor etc
Function:

1. Evaluate the police findings referred to them, or other complaints

filed directly with them by individual persons.

2. File corresponding INFORMATIONS OR CRIMINAL COMPLAINTS in the

proper courts on the basis of their evaluation of the proofs at hand; and
3. Prosecute the alleged offenders in court, in the name of the
Philippines.

Attorneys in Private Practice should be deemed a part of the CJS

component. They represent the parties (complainant or respondent) in
proceedings before the Public Prosecutors. So also, public defenders
such as PAO and other legal aid lawyers (IBP. FLAG)
Prosecutorial Discretion
The prosecutor, like the police has wide latitude in the exercise of discretion
in most cases, the prosecutor has absolute, unrestricted discretion in the
performance of duty. In the day-to-day decision-making process, the
prosecutor make decisions relatively free of control, although they may be
influenced by the desires and opinions of the public, the police and other
government officials.

Prosecutorial discretion typically enters the picture immediately after the

arrest, when the police investigative reports are forwarded to the prosecutor
for review. The prosecutor screens and evaluates the document in order to
decide whether to accept or reject the case for prosecution. The prosecution
therefore should not go forward unless sufficient evidence exists against the
accused to promise a conviction, and thus justify the government expense and
the defendant's distress
 A prosecuting attorney, by the nature of his office, is under
no compulsion to file a particular Criminal Information where
he is not convinced that he has evidence to back up its
averments or that the evidence at hand points to a
difference. On the other hand, if the prosecutor decides to
accept the case, he issues a complaint information upon
which the suspect is arraigned before a judge.
 This is known as SELECTIVE PROSECUTION because the
prosecutor does not only have the option to select but
more so influenced by the following favorable legal
factors to attain conviction:

a. the legal strength of the case

b. the willingness of witnesses to testify
c. the likelihood that the prosecutor can legally prove the
defendant's guilt.
Consequently, even after prosecution has commenced by virtue
of the defendant's initial appearance, the prosecutor may
subsequently decide to drop all charges, discontinue prosecution,
and seek a dismissal under the following circumstances:

1. When the prosecutor becomes aware of the factors that make

prosecution inadvisable, and

2. When the prosecutor has not had the opportunity or the

mechanism for screening cases to the first arraignment
Prosecution of Offenses
Criminal actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required, by filing the
complaint with the office of the provincial or city prosecutor and their
assistants, judges of the municipal trial courts and municipal circuit trial
courts, national and regional state prosecutors; and
b. For all other offenses, by filing the complaint or information directly
with the Municipal Trial Courts and Municipal Circuit Trial Courts or the
complaint on the office of the Prosecutor.
In Manila and other Chartered Cities, the complaint should be filed
with the office of the prosecutor.

Note: A preliminary investigation is required to be conducted before the

filing of a complaint or information with the court for an offense where
the penalty prescribed by law is at least four (4) years, two (2) months
and one(1) day without regard to the fine.
Resolution of investigating Judge

Within ten (10) days after the preliminary investigation, the

investigating judge shall transmit the resolution of the case to the
provincial or city prosecutor, or the Ombudsman or his deputy in
cases of offenses cognizance by the SandiganBayan. The resolution
shall state the findings of facts and the law supporting his action
together with the record of the case.
 Before the complaint or information is filed the person arrested
may ask for preliminary investigation in accordance with the rule,
but he must sign a waiver of the provisions of Article 125 (Delay in
the delivery of Detained persons to Proper Judicial Authorities) of
the Revised Penal Code in the presence of his counsel.

After filing of complaint or information in court without

preliminary investigation, the accused may, within five (5) days from
the time he learns of its filing, ask for a preliminary investigation with
the same right to adduce evidence in his defense.
What is Inquest?
INQUEST is an informal summary investigation conducted
by a public prosecutor in criminal cases involving persons
arrested and detained without the benefit of a warrant of
arrest issued by the court for the purpose of determining
whether or not the person should remain under custody and
correspondingly be charge in court.
Commencement of Inquest
Upon receipt by the inquest officer from the law
enforcement authorities of the documents which include:
1. Affidavit of Arrest
2. The investigation report
3. The statement of the complainant and witnesses
4. Other supporting evidences gathered by the police in the
course of the latter's investigation of the criminal incident
involving the arrested or detained person.
Inquest procedure:
1. The affidavit of arrest
2. The investigation report
3. Statement of complainant
4. Other supporting materials
If finding NOT PROPER for inquest:

1. Recommend the release of the person

arrested/detained
2. Note down the disposition on the referral document.
3. Prepare brief memorandum indicating the results for
the action taken
4. Forward the same together with the record of the
case, to the Chairman of the Task force/City or Provincial
Prosecutor for appropriate action.
If PROPER for inquest and the respondent
avails of the preliminary investigation;

a. Respondent executes the waiver of the provisions of

the Art. 125 of the RPC with the assistance of counsel

b. The prosecutor forwards the case to the City or

Provincial Prosecutor for preliminary investigation.

c. Not withstanding such waiver, respondent may

apply or bail.
If PROPER, but respondent does not
execute waiver:

Prosecutor shall proceed with the inquest by

examining the affidavit/sworn statement of
complainant, witnesses and other supporting
evidence presented.
If there is PROBABLE CAUSE

1. Recommend the filing of the corresponding

complaint/information in court.

2. Forward the records of the case with the

complaint to the city/Provincial Prosecutor for
appropriate action.
If there is NO Probable Cause:

1. Recommend the release of the arrested or detained

person
2. Note down the disposition of the case on the referral
document.
3. Prepare a brief memorandum indicating reasons for
the action taken.
4. Forward the records of the case to the Provincial or
City Prosecutor.
What is Information?
is an accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court.
Sufficiency of a complaint or
Information
1. Name of the accused
2. Designation of the offense
3. Cause of the accusation
4. Place of commission of the offense
5. Date of commission of the offense
6. Name of the offended party
ARRAIGNMENT
The legal mechanism whereby an accused is brought before the
court wherein the complaint/charge against him is read by the Clerk
of Court in the presence of his lawyer, the prosecutor in which the
accused is to announced his plea.
The arraignment shall be made in open court, reading the
information in a language or dialect know to him, and asking him
whether he pleads guilty of not guilty. When the accused refuses to
plead or makes conditional plea, a plea of not guilty shall be entered
for him. After arraignment but before trial, the accused may still be
allowed to plead guilty to a lesser offense after withdrawing his plea
of not guilty.
Plea of guilty to a Lesser Offense
The accused with the consent of the offended party and the
prosecutor may be allowed by the trial court to plead guilty to a lesser
offense which is necessarily included in the offense charged.

The accused may plead guilty to a lesser offense only with the
consent of the offended party and the prosecutor to a lesser offense
which is included in the offense charged.

So, if the offense charged is murder, the accused may be allowed

to enter a plea of guilty to the offense of homicide which is necessarily
included in murder.
PLEA BARGAINING
It can be defined as the process of discussion or negotiation of an
agreement between the prosecution and the defense whereby the
defendant pleads guilty to a lesser offense or in the case of multiple
offenses) to one or more of the offenses charged, in exchange for
more lenient sentencing, recommendations, a specific sentence. or
a dismissal of other charges.

Supporters claim, plea bargaining speeds court proceedings and

guarantees a conviction; opponents believe it prevents justice from
being served
The Prosecutor's Incentive to Plea-
Bargain
The prosecutor relies on plea bargaining for three
primary reasons:

1. Efficiency
2. Legally weak cases
3. Effectiveness
Defense Counsel's Incentive to Plea
Bargain
There are three (3) types of legal presentation
available to criminal defendant’s:
1. Lawyers who are hired by the defendants as
private counsel.
2. A public defender for indigent defendants given
free by the govemment; and
3. Court- assigned counsel
Advantages of Plea- Bargaining for
the CJS
1. Plea bargaining allows the courts to control overcrowded
dockets to reduce court backlogs to provided speedy justice.

2. Plea bargaining allows the fiscal to secure convictions in "bad

arrest" and other legally offender would otherwise be released.

3. In the over- all picture, plea bargaining acts in the best interest
of society rather than on behalf of the victim by facilitating
convictions thereby taking the criminal off the street.
4. In some cases, such as rape, plea bargaining saves victim from humiliation and
trauma because there is no more public trial.

5. In plea bargaining, there is no more trial. The decision is final and there is no
appeal.

6. Without extensive reliance on plea bargaining to dispose of cases; the entire

administration of Criminal justice may collapse. The number of judicial personnel has
not keep peace with the increasing workload caused by the enactment of new
criminal laws.

7. The funds, the facilities and personnel necessary for criminal courts are too
inadequate.
Filing of Bail

Bail refers to the security given for the release of a

person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any
court as required under the conditions specified by the
court (Sec. 1 Rule 114)
Bail that maybe posted by the accused maybe in form of:

a. Cash Deposit- the money that is deposited in cash with the nearest collector of
internal revenue or to the local treasurer by the accused person or any person acting
in his/her own behalf.
b. Corporate Surety a bond subscribed jointly by the accused and an officer duly
authorized by the board of directors of any domestic or foreign corporation licensed
as a surety provider in accordance with law and currently authorized to act as such.
c. Property Bond- an undertaking constituted as a lien on the real property given as
security for the amount of bail.
d. Recognizance - a written promise to appear in court during any legal proceeding
conducted for the purpose of trial or any judicial proceeding of a case under
investigation.
6. Detention (Preventive Imprisonment) Detention is the act of
restraining one's liberty. Detention maybe applied to:

a. accused persons who cannot post bail while their case is

investigation;

b. accused persons who are waiting for the court's decision of

their case; and
c. minors and insane people who need police custody
for security or protection purposes.
THE COURTS
The Concept of Court:

The court is a body to which the public administration of

justice is delegated. It is a tribunal officially assembled under
authority of law at the appropriate time and place for the
administration of justice thru which the government enforces its
sovereign rights and powers
 The court is an entity or body in which a portion of judicial
power is vested. Courts are judicial tribunals engaged in the
administration (or dispensation) of justice. They exist in every
civilized country to resolve and end disputes in accordance
with law peacefully, in an orderly manner, authoritatively,
definitely and finally.

The judicial power is vested to the Supreme Court and in

such lower courts as may be established by law.
What is Justice Administration?

Determination of the relevant facts is accomplished by

reception of the evidence of the parties involved in the
controversy, and its assessment by the judge to discover
what are the facts thereby established.
 Application of the law to the facts (thus established by the
evidence) connotes: the ascertainment and confirmation of what the
law provides in light of the facts proved, and the pronouncement by
the judge in accordance therewith of which of the parties is in the
right, and what are their specific rights and responsibilities with respect
to each other. That pronouncement must be made clearly and
definitely, leaving no issue unresolved, in line with the purpose of
courts, which is to put an end to disputes.
What is Judicial Power?
Judicial power is the power to apply the laws of the land to
contests or disputes concerning legally recognized rights or
duties between:

1. the government and private persons;

2. individual parties/litigants in cases brought before the courts.

Judicial power is vested to the Supreme Court and in
such inferior courts as may be established by law.

As defined by Justice Conception, judicial power is

the authority to settle justifiable controversies or
disputes involving rights of justice, or the redress of
wrongs for violations of such rights.
What is the scope of Judicial
Power?
1. To pass upon the validity or constitutionality of existing
laws, rules and regulations
2. To interpret and construe laws that are already
enacted
3. To render authoritative judgment
4. To exercise other incidental powers necessary to
effectively discharge other judicial functions
What is Judicial Independence?
Judicial Independence is the freedom of the court
to settle legal controversies or disputes "with an
impartial eye and an even hand", and bowing to no
one except the law. It is the freedom of the judges to
perform their functions without interferences from the
executive or legislative branch of the government.
What is Power of Judicial Review?

The Power of Judicial Review is the power of the

courts, ultimately of the Supreme Court, to interpret
the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the
fundamental law.
In the Criminal Justice system, the court is
looked upon as:

1. The final arbiter for justice

2. The front line defender of democracy, freedom and
human dignity
3. The only institution capable of identifying ad
maintaining the proper balance between the conflicting
rights of the individual and those of the state and society
4. It is to the courts that everyone turn for justice.
BASIC COURT SYSTEM IN THE
PHILIPPINES
In the Philippines, the regular courts engaged in the
administration of justice are organized into four (4) levels or
tiers. At the highest level is the Supreme Court and below it
are the three levels composing the lower courts. They are
collectively known as the Judiciary. As thus organized, they
comprise what is referred to as the Integrated Judicial
System.
A. FIRST LEVEL COURTS

At the first level are the Municipal Trial Courts, Municipal Trial
Courts in Cities, Municipal Circuit Trial Courts and Metropolitan
Trial Courts. Courts of the first level are essentially trial courts. They
try and decide only the particular types or classes of cases
specified by law.

A metropolitan Trial Court is created in each metropolitan area

established by law. A municipal Circuit Trial Court is established in
each area defined as a municipal circuit comprising of two or
more cities and for more municipalities that are not comprised
within a metropolitan area and a municipal circuit
B. SECOND LEVEL COURTS
At the second level are Regional Trial Courts (RTC's) Like the first level courts, RTC's are
also trial courts They are courts of general jurisdiction, they try and decide not only the
particular classes or kinds of cases assigned to them by law, but also those are not
otherwise within the jurisdiction of courts of first level RTC's also exercise appellate
jurisdiction to review cases appealed from lower courts.

C. THIRD LEVEL COURTS

At the third level is the Court of Appeals. It is essentially an Appellate Court, reviewing
cases appealed from Regional Trial Courts. It may review questions of fact or mixed
questions of fact of law. to it Appeals to it as regards cases decided by RTC in the
exercise of original jurisdiction are a matter of right. But appeals with respect to cases
decided by the RTC in the exercise of its appellate jurisdiction are a matter of
discretion.
D. FOURTH LEVEL COURT
The Supreme Court, It is the highest court of the land. It is a review
court. It is the Court of the last resort for no appeals lies from its
judgments and final orders. In the context of the Integrated Judicial
System, it exercises Appellate Jurisdiction over cases decided by the
Court of Appeals or Regional Trial Courts Appeals in the Supreme
Court are never a matter of right.
The only exception is when the penalty of death, reclusion
Perpetua, or Life Imprisonment have been imposed by either RTC or
CA indeed, when penalty is imposed, the case automatically goes
up to the Supreme Court for review, even if the accused does not
appeal.
Court Jurisdiction and Venue of Trial
Jurisdiction is the power and authority of a court to hear, try, and
decide a case. Jurisdiction of the court maybe general, limited,
original, appellate, exclusive, concurrent, criminal, and civil.
To try or hear a case simply means to receive evidence from the
parties (including their arguments), according to fixed rules. To
decide or determine a case means to resolve the dispute by
applying the law to the facts (established by the evidence).
The Venue refers to the place where a case should be heard,
tried, and decided.
Jurisdiction of Courts maybe:
(a) General - is the authority of a court over cases in
general. It is the authority to decide all disputes which may
come before it, except those assigned to other courts.

(b) Exclusive - is the authority of a court to take cognizance

of a case to the exclusion of all other courts.

(c) Concurrent is the authority granted to two or more courts

to take cognizance of particular cases.
(d) Limited or Special - is the authority of the court over
specific cases expressly enumerated by law.

(e) Criminal - is the authority to decide punishment for a

crime.

(f) Civil -that exist when the subject matter is not of a

criminal offense. (g) Appellate- when it can take case
already heard and decided by a lower court.
Test of Jurisdiction:

Criminal Cases - the test of jurisdiction is the

principal penalty.

Civil Cases - the basis of jurisdiction is the

amount claimed in the complaint
STAGES IN COURT PROCEEDINGS

a. Arraignment
b. Pre- Trial
In criminal cases cognizable by the Sandiganbayan, Regional Trial
Court, Metropolitan Trial Court and Municipal Trial Courts, the court
shall after arraignment and within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the Supreme
Court, order a pre- trial conference to consider the following:
1. Plea bargaining
2. Stipulation of facts
3. Marking of evidences of the parties:
4. Waiver of objections to admissibility of evidence.
5. Modification of the order of the trial if the accused admits the
charge but interposes a lawful defense
6. Such matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case.
c. 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. The word
trial as used in the constitution includes hearing. reception
of evidence and other processes, such as decision in the
first instance, appeals, and final and executory decision in
the final instance.
Order of Trial
(a) The prosecution shall present evidence to prove the charge and, in the proper
Case, the civil liability.
(b) The accused may present evidence to prove his defense and damages, if any,
arising form the issuance of the provisional remedy in the case.
(c)The prosecution and the defense may, in that order, present rebuttal evidence
and sur- rebuttal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing upon the main
(d) Upon admission of the evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to submit
written memoranda
(e) When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
d. Promulgation of Judgment
The judgment is promulgated by reading it in the
presence of the accused and any judge of the court
in which it was rendered. However, if the conviction is
for a light offense, the judgment may be pronounced
in the presence of his counsel or representative. When
the judge is absent or outside the province or city, the
judgment may be promulgated by the clerk of court
Judgment- defined as the adjudication by the court
that the accused is guilty or is not guilty of the offense
charged, and the imposition of the proper penalty and
civil liability provided by law on the accused.
e. New Trial or Reconsideration
At anytime before a judgment of conviction becomes final, the
court may, on motion of the accused or at its own instance but with
the consent of the accused, grant a new trial or reconsideration,
Grounds for a New Trial
a. That errors of law irregularities prejudicial to the substantial rights
of the accused have been during the trial committed.

b. That new and material evidence has been discovered which the
accused could not with reasonable diligence have delivered and
produced at the trial and which if introduced and admitted would
probably change the judgment
f. Appeal
Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy.
Where to Appeal
a. To the Regional Trial court, in cases decided by the Metropolitan Trial Court,
Municipal Trial Court. Municipal Trial Court in cities, Municipal Circuit Trial Court.

b. To the Court of Appeals or to the Supreme Court in the proper cases provided
by law. cases decided by the Regional Trial Court.

c. To the Supreme Court, in cases decided by the Court of Appeals.

CORRECTIONS
The fourth pillar takes over once the accused, after having been found
guilty, is meted out the penalty for the crime he committed. He can apply
for probation or he could be turned over to a non-institutional or institutional
agency or facility for custodial treatment and rehabilitation. The offender
could avail of the benefits of parole or executive clemency once he has
served the minimum period of his sentence.

When the penalty is imprisonment, the sentence is carried out either in the
municipal, provincial or national penitentiary depending on the length of the
sentence meted out.
CORRECTIONS defined:
1. Corrections is one branch of criminal justice concerned with the
custody, supervision , and rehabilitation of convicted offenders.
2 . As a process, Correction refers to the reorientation or re-instruction of
the criminal offender in order to prevent him/her from repeating his
deviant or delinquent actions. In correcting the deviant behavior of the
offender, the process does not consider the necessity of taking punitive
actions.
3. It is a generic term that includes all government agencies, facilities,
programs, procedures, personnel, and techniques concerned with the
investigation, intake, custody, confinement, supervision, or treatment of
alleged offenders (Allen and Simonsen, Corrections in America).
What is Prison?
1. Prison is synonymous with penitentiary, a classical place of
torture and extreme hardship. (Traditional description)
2. It is an institution for the incarceration of persons convicted
of major/serious crimes. . It may refer to a building or other
place established for the purpose of taking safe custody
3. or confinement of criminals or others committed by lawful
authority
What is Jail?
1. Jail is a place for locking-up persons who are
convicted of minor offenses or felonies.
2. It refers to a local or temporary place for
confinement of criminal offenders, as distinguished
from prison
3. It is a facility purposely designed for detaining or
confining persons who are awaiting trial and who are
already convicted but suffering short term of
imprisonment
What is Punishment?
Punishment is the penalty imposed for the transgression
of law. It refers to any ill suffered in consequence of
wrongdoing.
There are two (2) major goals of punishment:
1. to inflict deserved suffering on evil doers; and
2. prevention of crime PENALTY defined: Penalty refers
to the consequences (such as suffering or loss) that
follow the transgression of laws. Strictly speaking, it is the
judicial punishment for crime or violation of a law.
What is Imprisonment?

Imprisonment refers to the state or condition of

being constrained, restrained incarcerated in
confined room or building. It is actually a form of
conventional punishment of criminal offenders.
Traditional Purposes of Punishment:

1 . To insure the presence of the accused during trial

2. To administer punishment by confinement or
incarceration
3. To secure the society from being molested by
undesirable characters.
Legal Bases of Correctional Administration
in the Philippine Setting
1. The State values the dignity of every human person and
guarantees full respect for human rights (Sec. 11, Art. II)
2. No person shall be detained solely by reason of his political
beliefs and aspirations (Sec. 18 (1), Art. III)
3 . No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been
duly convicted (Sec. 18, (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading
punishment or inhuman punishment inflicted. xxx (Sec. 19
(2), Ibid.)

5. The employment of physical, psychological, or degrading

punishment against any prisoner or detainee or the use of
substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law (Sec 19, (2), Ibid.)
According to the Revised Penal Code, no felony
shall be punishable by any penalty not
prescribed by law prior to its commission. (Art. 21
RPC)
Probation Law (P.D. No. 968) states that:
1. one of the major goals of the government is to establish a more
enlightened humane correctional system that will promote the
reformation of offenders and there reduce the incidence of recidivism;
2. the confinement of all offenders in prisons and other institutions with
rehabilitation programs constitutes an onerous drain on the financial
resources of the country; and
3. there is need to provide a less costly alternative to the imprisonment
of offenders which are likely to respond to individualized, community-
based treatment programs.
Correctional Agencies in the Philippines

1. Agencies engaged in institutional correction

a. Bureau of Corrections
b. Provincial Jails
c. Bureau of Jail Management and Penology
2. Agencies engaged in non-institutional corrections
a. Parole and Probation Administration (PPA)
b. Board of Pardons and Parole
c. Department of Social Welfare and Development (Bureau of
Child and Youth Welfare)
FORMS OF PUNISHMENT
1.Death penalty - capital punishment
2.Imprisonment the legal process of confining the offenders in
prison for the purpose of protecting the public and at the same
time rehabilitating them while undergoing institutional treatment
program.
3.Destierro (banishment/exile)- the penalty of banishing a person
from the place where he committed a crime, prohibiting him to
get near or enter the 25 km.-perimeter.
4.Fine or compensation
5.Civic duties
DURATION OF PENALTIES
1. RECLUSION PERPETUA-imprisonment of more than 20 years; maximum imprisonment of
30 years; the prisoner (convict) may apply for executive clemency (pardon) unless he is
disqualified by law
2. RECLUSION TEMPORAL-imprisonment of 12 years and 1 day to 20 years
3. PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years Temporary
disqualification
4. PRISION CORRECTIONAL-imprisonment of 6 months and 1 day 6 years Suspension and
Destierro
5. ARRESTO MAYOR - Imprisonment of 1 month and 1 day to 6 months 6. ARRESTO
MENOR-imprisonment of 1 day to 30 days
7. BOND TO KEEP THE PEACE or FINE- the amount of fine to be imposed is discretionary
with the court
JAIL and PRISON Organization in the
Philippines
1. NATIONAL or INSULAR PRISONS-administered by the Bureau of
Correction
a. New Bilibid Prison (NBP) originally referred to as National Bilibid
Prison; operates two satellite units:
Camp Bukang Liwayway-minimum security prison
Camp Sampaguita - institutions found in it are the:
Reception and Diagnostic
Center Medium Security Unit, and
Youth Rehabilitation Center
b. Penal Colonies/Territories-prison territories distant from
the NBP controlled by the Bureau of Corrections, such as:
San Ramon Prison and Penal Farm (Zamboanga)
Iwahig Penal Colony (Palawan)
Davao Penal Colony (Central Davao)
correctional institution for women (Mandaluyong)
Sablayan Penal Colony and Farm (Occidental Mindoro)
2. PROVINCIAL JAILS-jails that are supervised and
controlled by the provincial government with in its
jurisdiction.

3. CITY/MUNICIPAL JAILS - jails that are administered

(supervised and controlled) by the BJMP
The PHILIPPINE JAIL SYSTEM
Types of Jails:
1. Lock-up-a security facility - common in police stations or precincts in urban areas
(cities) for temporarily detaining those persons being held for investigation or waiting
hearing of their criminal cases.
2. Ordinary Jail - the type of jail commonly found in every municipality or city;
houses offenders awaiting court trial and those convicted offenders who are serving
their sentence of imprisonment that does not exceed 3 years; place where juvenile
offenders and the mentally insane people are usually detained while their transfer to
other institutions are pending.
3. Work House, Jail Farm Or Camp - a facility that houses minimum custody offenders
who are serving short sentences; inmates undergo constructive work programs;
provides full employment of prisoners, remedial services and constructive leisure time
activities.
Classification of Jail Prisoners:

1. Detention prisoners (Persons Deprived of Liberty) - those detained

for investigation, hearing, or trial.

2. Sentenced prisoners - offenders who are committed to the

jail/prison to serve their sentence after final conviction by a
competent court.

3. Prisoners who are on safekeeping - includes non-criminal offenders

who are detained in order to protect the community, example: insane
persons.
Classification of Prisoners according to
Degree of Security:

1. Super-Maximum Security Prisoners - special group of prisoners

composed of incorrigible, intractable, and highly dangerous
persons who are the source of constant disturbance even in
maximum security institutions; wear orange uniforms and
compose the 2% of NBP population.
2. Maximum Security Prisoners-the group composed of chronic
trouble-makers but not as dangerous as the super maximum
security prisoners; their movements are restricted and they are
not allowed to work outside the institution but rather assigned to
industrial shops within the prison compound; they wear orange
uniforms and they occupy the NBP main building.

3. Medium Security Prisoners - prisoners who cannot be trusted in

open conditions and pose lesser danger than maximum security
prisoners in case they escape; a group of prisoners who maybe
allowed to work outside the fence/walls of the penal institution
under guard or with escorts; occupy Camp Sampaguita (Medium
Security Institution) they are employed as agricultural workers and
they wear blue uniforms.
4. Minimum Security Prisoners - group of prisoners who can be
reasonably trusted to serve their sentence under "open
conditions"; they can be trusted to report to their work
assignments without the presence of guards; they occupy
Camp Bukang Liwayway and they wear brown uniforms.
EXTINCTION OF CRIMINAL LIABILITY
Conditions for the total extinction of criminal liability are:
1. Death of the convict;
2. Service of sentence
3. Absolute Pardon
4. Amnesty
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended party to the offender (in
good faith),
Conditions for the partial extinction of criminal
liability are:
1. Conditional Pardon
2. Commutation of Sentence
3. Probation
4. Parole
5. Good Conduct Time Allowance
THE COMMUNITY PILLAR
Prevention and control of crime is not the sole duty and responsibility of the
government - it is also the responsibility of the community. It includes private
persons, private groups, and public entities.
The community could either be in the form of bad or good neighborhood.
Bad neighborhood refers to areas or places in which dwelling or housing
conditions are dilapidated, unsanitary, and unhealthy. These traits are
detrimental to the moral, health, and safety of the populace. Bad
neighborhood is usually packed with poor, disintegrated and unorganized
inhabitants. Most inhabitants are experiencing economic difficulties,
alcoholism, substance abuse, gambling and many other problems in life. This
connotes that bad neighborhood is the home of bad elements of society
because the environment is very conducive for the commission of crimes.
The Community also consists of the existing social institutions such as the
family, school, church, mass media, and NGOs.

1. The FAMILY The Family refers to the basic social group united through
bonds of kinship or marriage, present in all societies. It is the primary
institution that molds a child to become a law-abiding person or a
delinquent.

The Home is the place of one's affections, peace, or rest. It is the home where the
family resides. The home is one of the most basic but most influential environments that
lead a person to become a law-abiding citizen or the opposite a criminal. It is said that
the home is the cradle of human personality, for it where the child develops his
fundamental attitudes and habits that last through out his life. The kind of conscience
that the child develops depends largely on the kind of family-parents and siblings - he
has.
 The parents are the most influential persons in the family.
Broken home suggest separation between parents. Broken
home is usually characterized by the lack of parent's interest
on the welfare of their children. Many delinquent children
come from broken homes. Unfortunate homes breed juvenile
delinquency and criminality.
The SCHOOL

The second integral stage of the behavioral/social development

process is the school. It is said that the school is an extension of the
home having the strategic position to control crime and delinquency. It
exercises authority over every child that enters its jurisdiction. The
teachers are considered second parents having the responsibility to
mold the child to become productive members of the community by
devoting energies to study the child behavior using all available
scientific means and devices in an attempt to provide each the kind
and amount of education they need.
 The school has the role of working closely with the parents and
neighborhood, and other community agencies and organizations
to direct the child in the most effective and constructive way.
However, the school could be an influence to delinquency and
criminality when teachers are being disliked because they tend to
antagonize the children.
There are teachers that are bad tempered, crabby, grouchy,
hostile, sarcastic, unreasonable, intolerant, ill-mannered, too strict,
and unfair. These teachers provide conditions that make the
students experience frustration, inadequacy, insecurity, and
confusion which are usually considered the kindergarten of crime.
The CHURCH

The Church is the institution that provides a place for public worship
and the services needed to enhance the spiritual and moral character of
an individual. The church influences people's behavior with the emphasis
on morals and life's highest spiritual values, the worth and dignity of the
individual, and respect for person's lives and properties. The church
generates a strong will of the people to oppose crime and delinquency.

Religion refers to a particular institutionalized or personal system of

spiritual beliefs and practices. Religion is a positive force for goodness in
the community and an influence against crime and delinquency.
The MASS MEDIA
The media is the best institution for information
dissemination thereby giving an opportunity to the public
to know the necessary facts of life that help them shape
their daily views about crime and its control.
Non-Government Organizations
(NGOs)
NGOs are private organizations that are civic-oriented and thus
promote peaceful and productive society. These are groups of
concerned individuals responsible for helping the government to
pursue community development. They serve as partners of the
government institutions in providing common services for public
good and welfare, thus preventing criminality and maintaining
peace and order.
2-fold Role of the Community as a
pillar of CJS
First, it has the responsibility to participate in law
enforcement activities by being partners of the peace
officers in reporting the crime incident, and helping in the
arrest of the offender.

Second, it has the responsibility to participate in the promotion of

peace and order through crime prevention or deterrence and in the
rehabilitation of convicts and their reintegration to society.
 Rehabilitation takes place when the convict is serving his
sentence. A convict may be paroled or may be placed on
probation. Under the concept of a participative criminal justice
system in the Philippines, public and private agencies, as well as
citizens, become part of the CUS when they participate and
become involved with issues and activities related to crime
prevention.
Thus, citizen-based crime prevention groups become part of
the CJS within the framework of their involvement in crime
prevention activities and in the reintegration of the convict who
shall be released from the correction pillar into the mainstream of
society.
KATARUNGANG PAMBARANGAY
It is the system established by the P.D. 1508 now superseded
by sections 399 to 422 of RA 7160 otherwise known as the Local
Government Code of 1991.
It promotes and implements the amicable settlement of
disputes at the barangay level before resorting to filing cases in
court or in any other government office. Only individuals actually
residing in the same barangay, city or municipality can be
parties to the proceedings Corporations, partnerships and other
juridical entities are not covered by RA 7160.
Constitution of the Lupon

The Barangay Chairman shall, within 15 days from the start of

his term, prepare a Notice to Constitute a Lupon, which shall
be composed of 10-20 members. Such notice shall be posted
in 3 conspicuous places in the Barangay continuously for a
period of not less than 3 weeks.
Qualifications of Lupon Members

1. Any person actually residing or working in the Barangay

2. Not otherwise disqualified by law.
3. Possessing integrity, impartiality, independence of
mind, sense of fairness and reputation of probity; and
4. Has expressed his willingness to serve as Lupon
member.
Functions of the Lupon
1. Exercise administrative supervision over the conciliation panels
provided herein;
2. 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
experience in effecting speedy resolution of disputes; and
3. Exercise such other powers and perform such other duties and
functions as maybe prescribed by law or ordinance.
Cases which are not subject matter for
Amicable Settlement by the Lupon.

1. Where on party is the government or any subdivision or

instrumentality thereof.
2. Where one party is a public officer or employce, and the
dispute relates to the performance of his official business.
3. Offenses punishable by imprisonment exceeding one
year imprisonment, or a fine exceeding P5,000.00.
4. Offenses where there is no private offended party.
5. Where the disputes involved real property located in different
cities or municipalities, unless the parties thereto agree to submit
their differences to amicable by an appropriate Lupon.
6. Disputes involving parties who actually reside in Barangay of
different cities and Municipalities, except where such barangay
units adjoin each other and the parties thereto agree to submit
their defenses to amicable settlement by an appropriate Lupon;
and
7. Such other classes of disputes which the President may
determine in the interest of justice or upon the recommendation of
the Secretary of Justice.
Venue of the Lupon
1. Disputes between persons actually residing in the same shall be
brought for amicable settlement before the Lupon of said Barangay.
2 Those involving actual residents of different barangay within the
same city or municipality shall be taken upon in the barangay where
the respondent or nay of he respondents actually resides, at the
election of the complainant.
3. All disputes involving real property or ay interest shall be taken up in
the barangay where the real property or the larger portion thereof is
situated
4. Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study
shall be taken up in barangay where such workplace or institution is
located.
Appearance of Parties in Person before
the Lupon

In all Katarungang Pambarangay proceedings, the

parties must appear in person without the assistance of
counsel or representative, except for minors and the
incompetent who may be assisted by their next of kin who is
not a lawyer.
Thank you and Goodluck!☺