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under the authority of law at the
INTRODUCTION TO PHILIPPINE CRIMINAL
JUSTICE SYSTEM
Criminal
 (Criminological point of view) a person
committed a crime.
 (Legal point of view) a person who has
been found guilty by a final judgment by
a court of competent jurisdiction.
What is Crime?
Is an act or omission punishable by law
forbidding or commanding it.
Types of Crime
 Offense any act punishable by Special
Penal Laws
 Felony any act punishable by the
Revised Penal Code (Act. No. 3815)
 Infraction of Law any act in violation of
city or municipal or local government’s
ordinances
 Misdemeanor or delinquency any act
which is a violation of simple rules and
regulations
Justice
It is the principle dealing with fairness
and equality in the application of law. The idea
of giving each person his due as a matter of
right.
What is Due Process?
A law which hears before it condemns;
which proceeds upon inquiry and renders
judgment after trial.
System
A process, coordinated body of method
or organized way of work.
Criminal Justice System
A machinery which the society uses in
the prevention and control of crimes. It may also
refer to the totality of the activities of the law
enforcers, prosecutors, judges, and correctional
personnel, as well as those of the mobilized
community in crime prevention.
The Pillars of the Criminal Justice System
 Law Enforcement Pillar it refers to the
entire organization law enforcement. It
stands as the forefront of the Criminal
Justice System. The agency of the
Government that is responsible for
enforcing the law, maintaining the public
order and preventing and detecting
crime.
 Prosecution Pillar it refers to the
agency responsible in presenting the
government’s position in criminal case
and evaluating the pieces of evidence
presented by the law enforcement pillar.
As a process, it is the legal method
whereby accusations are brought before
a court of justice to determine the guilt
or innocence of the accused.
 Court Pillar is the body to which the
public administration of justice is
delegated, being a tribunal assembled
appropriate time and place for the
administration of justice through which
the state enforces its sovereign rights
and powers it’s an entity or body which a
portion of judicial power is vested.
 Correction Pillar is the branch of the
Criminal Justice System concerned with
the custody, supervision and
rehabilitation of criminal offenders.
 Community Pillar is the pillar that has
the responsibility of participating in the
law enforcement activities and in the
promotion of peace by being partners of
the other pillars of justice.
What is law?
Law is defined as the rule of conduct,
just made obligatory by legitimate authority for
the general welfare and benefit of all the people.
Who made the laws in the Philippines?
Congress of the Philippines, which shall
consist of a Senate and a House of
Representatives. The Congress is responsible
for making enabling laws to make sure the spirit
of the constitution is upheld in the country and,
at times, amend or change the constitutional
itself.
Sources of Criminal Law:
 Revised Penal Code
 Republic Acts, Presidential Decrees and
Executive Orders
 Other Special Penal Laws passed by the
Philippine Commission, Philippines
Assembly, Philippine Legislature,
National Assembly, the congress of the
Philippines and the Batasang Pambansa
Different names given to the person who is
being processed under the Criminal Justice
System:
 Offender the principal character of
the CJS
 Felon one who committed felony
 Suspect one who is implicated to
the commission of a crime (subject
for investigation)
 Respondent person who is subject
of preliminary investigation or
inquest
 Accused person charged with an
offense and facing trial
 Criminal one who is found guilty by
the final judgment by a competent
court
 Petitioner one who files an
application for Probation, Parole or
Pardon
 Absconding Petitioner one who
escape pending application for the
probation, parole or pardon
 Probationer one whose application
for probation was granted
 Absconding Probationer one who
did not report after the grant of
probation by the trial court
 Parolee one who is granted with
parole
 Pardonee one who is given pardon

 Client person who is under
supervision by the Probation and
Parole Officer
Stages of Criminal Justice Process
-Law Enforcement is the first pillar consisting
mainly of the Philippine National Police (PNP).
The work of the PNP is the prevention and
control of crimes, enforcement of the laws, and
affecting the arrest of offenders, including the
conduct of lawful searches and seizure to gather
necessary evidence so that a complaint may be
filed with the Prosecutor’s Office. This stage is
known as the ARRESTING STAGE.
-Court the final determination of innocence or of
guilt is done by the Judicial Component (the
courts) through the adjudication of criminal
cases. Suffice it to say that, in the context of the
Criminal Justice System, after a suspect pass
through the Prosecution Pillar, he is sent to the
proper court of justice which shall be labor itself
in determining either innocence or guilt. This
stage is known as TRIAL or ADJUDICATION
STAGE.
-Correction the punishment is the isolation of
the convicts by imprisonment for the period laid
down by the courts or in extreme cases, their
execution of the method prescribed by law and
correction and rehabilitation are functions
undertaken by the institution set up by law. This
stage is also known as the
REFORMING/CORRECTING stage.
-Community this is the informal pillar of the
Philippine Criminal Justice System that can
participate in any stage of the process. Thus, the
community can participate in crime prevention
activities and in the reintegration of the convict
who shall be released from the corrections pillar
into the mainstream of society.
Barangay Justice System or Katarungan
Pambarangay
Is a community based-dispute
settlement mechanism that is administered by
the basic political unit of the country, the
barangay. The Barangay Justice System
provides an alternative mode dispute resolution
to the costly and lengthy process of settling
disputes in regular courts and it provides a
friendly, inexpensive, and speedy forum for the
settlement of disputes where the parties can
freely explore options for amicably resolving
their disputes without resorting to the courts.
What is an Amicable Settlement?
Is an agreement reached during
mediation and conciliation pro
ceedings.
Presidential Decree 1293
Promulgated on January 27, 1978, created the
Presidential Katarungan Pambarangay
Commission which was charged with the task of
studying the feasibility of instituting a system
resolving disputes among the family and
barangay members without resort to the court.
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Presidential Decree 1508
Promulgated on June 10, 1978, establishing a
system of amicably settling disputes at the
barangay level, without resort to judicial or court
intervention.
When PD 1508 first decreed the setting up
the Barangay Justice System had the
following objectives:
 To promote the speedy administration of
justice
 To minimize the indiscriminate filing of
cases in courts
 To minimize the congestion of court
dockets and thereby enhance the quality
of justice dispensed by the courts
 To perpetuate and recognize the time-
honored tradition of amicable settling
disputes at the community level.
Republic Act 7160 (1991 Local Government
Code)
Mandates the barangays to enforce
peace and order and provides support for the
effective enforcement of human rights and
justice. This has facilitated the recognition of the
Katarungan Pambarangay (Barangay Justice
System as an alternative venue for the
resolution of disputes. Section 399 (a) of RA
7160 has created in each barangay Lupong
Tagapamayapa (Committee for Peace), herein
referred to as the Lupon Jurisdiction of the
Barangay Justice System.
As a general rule, the Barangay Justice
System or Katarungan Pambarangay, “shall
have authority to bring together the parties
actually residing in the same city or municipality
for amicable settlement of all disputes, EXCEPT:
1. Offenses involving government
entity;
2. Offenses with maximum penalty of 1
year and a fine exceeding five
thousand pesos (Php 5,000);
3. Offenses with no private offended
party;
4. Real properties in different cities or
municipalities;
5. Disputes that need urgent legal
action, labor disputes, land disputes,
and action to annul a judgment upon
compromise.
The Phases under Katarungan Pambarangay
Mediation
Is a process wherein the Lupon
chairperson or Barangay Chairperson assists
the disputing parties to reach a settlement by
consensus that jointly satisfies their needs.
Who is Lupon or Lupong Tagapamayapa?
Is a body organized in every barangay
composed of the Punong Barangay as the
chairperson and not less than ten (10) and not
more than 20 from which the members of every
Pangkat shall be chosen. Lupon members shall
serve for a period of three (3) years unless
terminated by death, resignation, transfer of

residence or place of work, or withdrawal of the
appointment by the Punong Barangay.
Vacancy, Lupon
Should a vacancy occur in the Lupon for
any cause the Barangay Captain shall as soon
as possible appoint a suitable replacement. The
person appointed shall hold the office only for an
unexpired portion of the term of the member
who replaces.
Who is qualified to be Lupon Member?
Actual residents/working in the
barangay of legal age with the qualities of:
-Integrity
-Impartiality
-Independence
-Fairness
-Reputation for Probity
-Patience
-Resources
-Open-mindness
-Flexibility
Who are disqualified to be a Lupon Member?
-Below 18 years of age
-Incompetent
-Convicted of a crime carrying with it penalties of
perpetual or temporary disqualification from
holding public office
-Member of the armed forces who is in the
active service
Conciliation
Is a process wherein the Pangkat
forgoes the power to decide or recommend but
assist the parties to isolate issues and options to
reach a settlement by consensus that jointly
satisfies their needs.
Who is Pangkat or Pangkat Tagapagkasundo?
Is a conciliation panel constituted from
the Lupon membership for every dispute brought
before the Lupon consisting of three (3)
members after the Punong Barangay has failed
in his mediation efforts.
Arbitration
Is a process wherein the third party from
outside the judicial system is chosen by parties
to hear and decide their dispute.
Benefits and Incentives of Lupon Members:
The lupon members shall serve without
any compensation. If the barangay has enough
funds,we can always give honoraria to lupon
members who have participated in the resolution
of a particular case. On the other hand, the
Commission on Higher Education (CHED)
ordered 62 series of 1997. Two daughters or
sons of a lupon member are qualified to become
a state scholar in tertiary education to any state
colleges or universities.
First Pillar: Law Enforcement
The Philippine National Police has the
power to enforce the law and ordinances relative
to the protection of lives and property, such as
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Revised Penal Code, other Special Penal Laws
and city and municipal ordinances.
The Different Police Activities (P.R.A.S.I.P)
Law enforcement officers directly
engaged in patrols or surveillance. However, the
different police activities include the following:
P-revention of Crime;
It is intended to determine and prevent the root
cause of crime.
R-epression or Suppression of Crime;
It is done to reduce the opportunity of
committing a crime.
A- pprehension of Offenders;
S-earch and Seizure;
I-nvestigation of Crime;and
P-rotection of lives and properties.
Other Law Enforcement Agencies:
BIR- Bureau of Internal Revenue
LTO- Land Transportation Office
BOC- Bureau of Customs
EIIB- Economic Intelligence and Investigate
Bureau
FDA- Food and Drug Administration
PCG- Philippine Coast Guard
PASC- Philippine Aviation Security Command
MARINA- Maritime Industry Authority
BFD- Bureau of Forest Development
BFAR- Bureau of Fisheries and Aquatic
Resources
ATO- Air Transportation Office (CAAP)
DENR- Department of Environment and Natural
Resources
Legal Foundations of Police (PNP)
1. Article XVI Sec. 6 of the 1987 Philippine
Constitution
• It provides that “The State shall establish and
maintain one police force, which shall be
national in scope and civilian in character, to be
administered and controlled by a national police
commission. The authority of the
local executives over the police units in their
jurisdiction shall be provided by law.”
2. Republic Act No. 6975
• An Act Establishing the Philippine National
Police under a reorganized Department of the
Interior and the Local Government (DILG), and
for other purposes also known as the DILG Act
of 1990, as amended by Republic Act 8551
and Republic Act No. 9708 on Dec. 13, 1990.
3. Republic Act No. 8551
• An Act providing for the reform and
reorganization of the Philippine National Police
and for other purposes, amending certain
provisions of R.A No. 6975. This Act is also
known as the PNP Reform and Reorganization
Act of 1998, as amended by the Republic Act
No. 9708.

4. Republic Act No. 9708
• An Act Extending for 5 years the reglementary
period for complying with the Minimum
Educational Qualification for Appointment to the
Philippine National Police and Adjusting the
Promotion System. Amending the pertinent
provisions of R.A No. 6975 and R.A No. 8551.
57
Two Modes of Arrest
1. Arrest by virtues of a warrant
2. Arrest without a warrant
Circumstances of Warrantless Arrest
Arrest without warrant, when lawful- a peace
officer or a private officer may, without a
warrant, arrest a person:

OLD (RA 6975) NEW (RA 11200) 1. When, in his presence, the person to be
Director General Police General arrested has committed, is actually
committing, or is attempting to commit
Deputy Director an offense.
General Police Lieutenant General 2. When an offense has just been
Director Police Major General committed and he has a probable cause
to believe on based on personal
Chief knowledge of facts or circumstances
Superintendent Police Brigadier General that the person to be arrested has
Senior committed it and;
Superintendent Police Colonel
3. When the person to be arrested is a
Superintendent Police Lieutenant Colonel prisoner who has escaped from a penal
Chief Inspector Police Major establishment or place where he is
serving final judgment or is temporarily
Senior Inspector Police Captain confined while his case is pending, or
has escaped while being transferred
Inspector Police Lieutenant from one confinement to another.
Police Executive Master
SPO4 Sergeant How many days is the validity of Warrant of
Police Chief Master Arrest?
SPO3 Sergeant 10 days
Police Senior Master Time of making Arrest (under Sec. Rule 113
SPO2 Sergeant Revised Rules of Criminal Procedure)
SPO1 Police Master Sergeant An Arrest may be made on any day at
any time of the day & night.
PO3 Police Staff Sergeant
Search & Seizure
PO2 Police Corporal Search in criminal law is used to
describe a law enforcement agent’s
PO1 Patrolman
examinations of a person’s home, vehicle, or
business to find evidence that a crime has been
The work of the PNP is the prevention and committed. While the seizure, it refers to the
control of crimes, enforcement of laws, and action taken by the officers who have the
effecting the arrest of offenders, including the possessions of the items during search.
conduct of lawful searches and seizures to
gather necessary evidence so that a complaint What is a Search Warrant?
may be filed with the Prosecutor's Office. Is an order in writing issued in the name
of the people of the Philippines, signed by a
What is Warrant of Arrest? judge and directed to a pacer officer,
Is an order in writing issued in the name commanding him to search for personal property
of the people of the Philippines signed by the described therein and bring it before the court.
final judge and directed to a peace officer,
commanding hum to arrest a person or persons How many days is the validity of Search
stated therein and deliver them before the court. Warrant?
10 days
The requisites of a valid warrant of arrest:
The requisites of a valid search warrant:
1. It shall be issued upon probable cause;
2. The probable cause is determined 1. It shall be issued upon probable cause.
personally by the judge upon 2. The probable cause is determined
examination under oath or affirmation of personally by the judge upon
the complainant and the witness he may examination under oath affirmation of
produce; and the complainant and the witnesses he
3. Particularly describing the person may produce; and
swearing believes in God, while 3. Particularly describing the things and
"affirmation" is applicable if he does not the place to be searched.
believe in God.

The following properties may be the objects
of a search warrant:
1. Properties which are the subject of the
offense.
2. Stolen, embezzled proceeds, or fruits of
the offense; and
3. Objects including weapons, equipment,
and other items used or intended to be
used as the means of committing an
offense
Time of making a Search (under sec. 10 of
Rule 126 Revised Rules of Criminal Procedure)
The warrant must direct that it be served
in the daytime, unless the affidavit asserts that
the property is on the person or in the place
ordered to be searched, in which case a
direction may be inserted that it be served at any
time of the day or night.
Valid Search and Seizures without Search
Warrant:
 Search made incidental to a valid
arrest - a person lawfully arrested may
be searched for dangerous weapons or
anything which may be used or which
may constitute proof in the commission
of an offense, without a search warrant.
The warrantless search and seizure as
an incident to a lawful arrest may extend
beyond the person of the arrest to
include the premises or surroundings
under his immediate control.
 Search of moving vehicles - if the
police officers who will conduct the
search have reasonable or probable
cause to believe, before the search, that
either the motorist is a law offender or
they will find the instrumentality or
evidence pertaining to a crime in the
vehicle to be searched, the vehicle may
be stopped and subjected to an
extensive search.
 Seizure of Evidence in Plain View -
any object in the plain view is subject to
seizure and may be introduced as
evidence.
Plain View Doctrine Requirements:
1. The police officer must have prior
justification for an intrusion or, otherwise,
must be in a position from which can
view a particular area.
2. The discovery of the evidence in plain
view is unintentional; or
3. It is immediately apparent to the police
officer that the item he observes may be
evidence of a crime, contraband, or is a
valid subject of seizure.
 When there is waiver of the right or
there is consent search - to constitute
the waiver of this constitutional right, it
must appear, first that the right is exist;
second, that the person involved had
knowledge, either actual or constructive,
of the existence of such right; that said
58
person had an actual intention to
relinquish the right.
 Searches under stop and frisk rule-
The police officer has the right to stop a
citizen on the street, interrogate him,
and pat him for weapons whenever he
observes unusual conduct which
convinces him that a criminal activity
exists.
 Emergency and Exigent
Circumstances- a search warrant could
be validly dispensed with in case of
exigent and emergency situation, and
the police officers have reasonable
grounds to believe that a crime is being
committed, and they have no
opportunity to apply a search warrant
from the courts because the latter were
closed.
 Tipped Information- if the police
officers have reasonable grounds to
believe that the subjects are engaged in
illegal activities, the tipped information is
sufficient to provide probable cause to
effect a warrantless search and seizure.
Second Pillar: Prosecution
The prosecution is responsible to investigate
and prosecute all cases involving violations of
penal laws that are lodged with the Department
of Justice (DOJ) through its National
Prosecution Service (NPS).
 It is the process or method
whereby the accusation is brought
before the court to determine the guilt or
innocence of the accused.
The NPS is under the control and supervision of
the Department Secretary of the DOJ. Under RA
10071 or the Prosecution Service Act 2010
section 4. The department secretary have the
authority to act directly on any matter involving
national security or a probable miscarriage of
Justice within the jurisdiction of the prosecution
staff, regional prosecution office, and the
provincial prosecutor or the city prosecutor and
to review, reverse, revise, modify or affirm on
appeal or petition for review as the law or the
rules of the Department of Justice (DOJ) may
provide, final judgments and orders of the
prosecutor general, regional prosecutors,
provincial prosecutors, and city prosecutors.
Basic Law affecting the Prosecution
PRESIDENTIAL DECREE No. 1275 April 11,
1978
REORGANIZING THE PROSECUTION STAFF
OF THE DEPARTMENT OF JUSTICE AND THE
OFFICES OF THE PROVINCIAL AND CITY
FISCALS, REGIONALIZING THE
PROSECUTION SERVICE, AND CREATING
THE NATIONAL PROSECUTION SERVICE
RA 10071 AN ACT STRENGTHENING AND
RATIONALIZED THE NATIONAL
PROSECUTION SERVICE also known as the
"Prosecution Service Act of 2010."

Who is the Prosecutor?
The Prosecutor refers to the person who
is- quasi- judicial officer, who assumes all full
discretion and control over a criminal case in the
administration of justice and represents the
government or the people of the people of the
Philippines in a criminal proceeding in the court
of law.
ROLES OF PROSECUTORS IN
PROSECUTION PILLAR OF CJS
 Prosecutor is the one who decides
whether the person arrested or
suspected be in the sit of the criminal
justice process.
 Prosecutor determines whether the
evidence gathered by the police meets
the standard of proof for successful
prosecution and conviction.
 Prosecutors are gatekeepers in the
Criminal Justice System. They have
significant discretion to decide whether
to press charges and what those
charges will be.
 Private lawyers should also be deemed
part of the CJS Prosecution Pillar
because they already represent the
parties even in proceedings before the
Prosecutors. So also, public defenders -
such as the members of the Public
Attorney’s Office (PAO) and other Legal
Aid Lawyers - should also be considered
as part of the Prosecution Pillar.
What is the Burden of Proof?
It refers to the obligation imposed upon
the prosecution to prove the crime charged
against the accused by the amount of the
evidence required by law.
Types of Quantum of Evidence
1. Proof beyond reasonable doubt
It is a quantum of evidence
which is such a degree of proof that
produces conviction in an unprejudiced
mind or one which requires moral
certainty. It is the highest standard,
which is applied in criminal cases.
2. Preponderance of Evidence
It is a quantum of
evidence which is in such degree of
proof below bellow proof beyond
reasonable doubts which, taken in its
entirety as adduced by one party is
superior to that of the other. This is
required in civil cases.
3. Substantial Evidence
It is a quantum of evidence
which is in such amount of relevant evidence
which a reasonable mind might accept as
adequate to justify a conclusion. This is required
in administrative cases.
4. Clear and Convincing Evidence
It is a quantum of evidence which
requires the allegation to be proven to the firm
belief or satisfied of the trier of fact. It must be
59
overwhelming enough to clearly indicate the
winning party.
Prosecution System
 Adversarial System or Accusatorial
This was being adopted by most
countries that have common laws,
whereby the victim or his representative
have the primary responsibility for
finding and presenting evidence to the
court. The judge listens to the
accusation and determines the
applicable punishment of the accused.
 Inquisitorial System
This system was used in some
continental countries wherein the judge
searches the facts, listens to the witness
presented and investigates to prove the
guilt or innocence of the accused.
 Mixed System
Mixed is a system
wherein adopts both inquisitorial and
accusatorial, where the victim or his
representative provides the facts,
evidence and testimony of witnesses to
prove the guilt of the accused. The
accused is presumed innocent and also
provides facts, evidence and testimony
of its witness to disprove the accusation
of the complainant. The judge will
investigate and determine the guilt of the
innocence beyond reasonable doubt
and its moral certainty.
Prosecution of Offenses
 For crimes committed, which
carries six (6) years of
imprisonment or below. The
complainant may file the
complaint directly to the court
that has the jurisdiction over it
such as MTC, MCTC or to the
Prosecutor’s Office.
 For offense falling under the
jurisdiction of the RTC such as
rape, murder,homice or has a
penalty of above six (6) years,
the filing of the complaint must
be in the Prosecutor’s Office for
the purpose of conducting a
preliminary investigation.
RIGHTS OF THE ACCUSED
Sec. 12. Art. 3 of the Philippine Constitution
Republic Act 7438 provide the right of the
person arrested, detained and under custodial
investigation.
Rule 115, Revised Rules of Criminal procedure-
Provide the Rights of accused at trial
What is Preliminary investigation (P.I)?
An inquiry or proceeding conducted to
determine whether there is sufficient ground to
engender a well- founded belief that a crime has
 60
been committed and that the respondent is Composition of Philippine Court
probably guilty thereof and should be held for
Regular Courts
trial.
It is the highest court of the
Who may conduct P.I? Supreme Court Philippines.
 Provincial or City Prosecutors and their It is the second highest
assistants; judicial court after the
 National or regional State Prosecutors; Court of Appeals Supreme Court.
and
It reviews decisions and
 Other Officers as may be provided by
orders of the lower courts.
law
Has jurisdiction over offenses
What is Inquest Proceeding? Regional Trial punishable with imprisonment
An informal and summary investigation Court of
conducted by a public prosecutor in criminal six (6) years and one day and
cases involving persons arrested and detained over (6 years and 1 day over)
without the benefit of a warrant of arrest issued
by the court for the purpose of determining Inferior Courts
whether or not said person should remain under Has jurisdiction over a
custody and correspondingly be charged in court. Metropolitan violation of city, municipal
Trial Court ordinances and
What is Complaint?
A sworn written statement charging a offenses punishable by
person of an offense subscribed by the offended Municipal Trial imprisonment not exceeding
party, peace officer or any public officer charged Court six years
with the enforcement of the law violated. Municipal Circuit
Trial Court (6 years and below)
What is Information?
An accusation in writing charging a
person an offense subscribed by the prosecutor Special Courts
and filed with the court. It is a special court has
jurisdiction over criminal and
Sec. 5 of the Revised Rules of Criminal Sandiganbayan civil cases
Procedure of Rule 110 which provides:
Who must prosecute criminal actions. — All involving graft and corrupt
criminal actions commenced by a complaint or practices of public officers.
information shall be prosecuted under the Created pursuant to PD 1606
direction and control of the prosecutor. However,
in Municipal Trial Courts or Municipal Circuit Has exclusive appellate
Trial Courts when the prosecutor assigned Court of Tax jurisdiction to review and appeal
thereto or to the case is not available, the Appeals (CTA) the decision
offended party, any peace officer, or public of the Commissioner of the
officer charged with the enforcement of the law Bureau of Internal Revenue
violated may prosecute the case. This authority involving
cease upon actual intervention of the prosecutor
internal revenue taxes and
or upon elevation of the case to the Regional
decisions of the Commissioner
Trial Court.
of the
** Article 125. Delay in the delivery of Bureau of Customs involving
detained persons to the proper judicial customs duties.
authorities.—The penalties provided in the next
preceding article shall be imposed upon the Created RA 1125.
public officer or employee who shall detain any Created pursuant to PD 1083,
person for some legal ground and shall fail to Sharia Court otherwise known as the
deliver such person to the proper judicial Code of the Muslim Personal
authorities within the period of; twelve (12) hours,
Laws of the Philippines
for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) Cases brought before this court
hours, for crimes or offenses punishable by is civil in nature.
correctional penalties, or their equivalent; and These are courts limited
thirty-six (36) hours, for crimes or offenses Shari’a District jurisdiction which are presided
punishable by afflictive or capital penalties, or Court by
their equivalent.
Shari’a Circuit District Judges. These are
Trial Courts presided over by circuit Judges.
Third Pillar: Court This special court was
Court is a government institution that established by virtue RA 8369,
decides a case, according to the existing law or Family Court otherwise
the laws of the land. It adjudicated legal disputes known as Family Courts Act of
between citizens, or between the citizens and 1997
the government.

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 specific 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 cannot be presented
before any other court.
6. Concurrent - when any of two or more
courts may take cognizance of a case.
What is Bail?
Bail is the security given for the release
of a person in custody of law, furnished by him
as a bondsman, conditioned upon his
appearance before any court as required under
the conditions hereinafter specified.
Forms of Bails
 Corporate Surety
Any domestic bond or foreign
corporation licensed as a surety in
accordance with the law and currently
authorized to act as such may provide
bail by a bond subscribed jointly by the
accused and an officer authorized by its
board of directors.
 Property Bond
A property bond is an
undertaking constituted as lien on the
real property given as security for the
amount of the bail
 Cash Deposit
The accused or any person acting his behalf
may deposit in cash with the nearest collector of
internal revenue, or provincial, city or municipal
treasurer fixed by the court or recommended by
fiscal/ prosecutor who investigated or filed the
case, and upon submission of a proper
certificate of deposit and of a written undertaking
showing compliance with the requirements of
Sec 2 hereof.
 Recognizance
Whenever allowed pursuant to
law or these rules, the court may release
a person in custody of his own
recognizance or that of a responsible.
Criminal Proceedings
ARRAIGNMENT
It is made in open court by the judge or
clerk furnishing the accused with the copy of the
complaint or information, reading the same in
the language or dialect known to him and asking
him whether he pleads guilty or not guilty.
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Three instances by answering the question:
 If he refuses to plead, a plea of not guilty
will be entered for him
 If the accused pleads guilty, the court
shall sentence him to the corresponding
penalty if it is satisfied of the
voluntariness of the plea, and
otherwise, of the guilt of the accused.
 If the accused pleads not guilty, the
case is set for pre- trial and/or trial.
PRE- TRIAL
It’s an informal trial, which precedes the
regular trial of the case primarily, intended to
expedite the proceeding whenever the accused
and his counsel agree whereby the court shall
conduct pre- trial conference, without impairing
the right of the accused.
 Plea Bargaining
 Stipulation of Facts
 Marking for identification of evidence of
the parties
 Waiver of objections to admissibility of
evidence; and
 Such other matters will promote fair and
expeditious trials.
TRIAL
It is a formal investigation of the matter
at issue with respect to the action before a
competent court for the purpose of determining
such issue that involves the guilt or innocence of
the accused.
When is the time to prepare for Trial?
After a plea of not guilty is entered. The
accused shall have at least fifteen days (15 days)
to prepare for trial. The trial shall commence
within 30 days from the receipt of the pre- trial
order.
Order of Trial
1. The Prosecution shall present the
evidence to prove the charge.
2. The Accused may present evidence to
prove his defense
3. The prosecution and defense may
present rebuttal and sub- rebuttal
evidence, unless the court permits them
to present their additional evidence.
4. Upon admission of evidence, the case is
deemed submitted for decision unless
the court directs them to argue orally or
to submit written memoranda.
5. When the accused admits the act or
omission charged in the complaint or
information but interpose a lawful
defense, the order of trial may be
modified.
Order of the Examination
 Direct Examination
It is the examination-in-chief of a witness
by presenting him on the facts relevant to the
issue.

 Cross Examination
Its purpose and extent- Upon the
termination of the direct examination, the
witness may be cross examined by the adverse
party as to any matters stated in direct
examination.
 Re- direct Examination
Its purpose and extent- after the cross
examination of the has been concluded, he may
be re-examined by the party calling him, to
explain or supplement his answer given during
the cross- examination
 Re- cross Examination
Upon the conclusion of the
redirect examination, the adverse party may re-
cross examine the witness on matter be allowed
by the court in its discretion.
JUDGEMENT
The Adjudication by the court that the
accused is guilty or not guilty of the offense
charged and the imposition of the proper penalty
and civil liability.
Content of the Judgment
1. The legal qualification of the offense
constituted by the acts committed by the
accused and the aggravating or
mitigating circumstances which attended
its commission
2. The participation of the accused in the
offense
3. The penalty imposed upon the accused.
4. The civil liability or damages caused by
the wrongful act or omission to be
received from the accused by the
offended party, if there is any.
APPEAL
The elevation by an aggrieved party of
any decision, order or award of a lower body to
higher body by means of a document which
includes the assignment of errors, memorandum
of arguments in support thereof.
Who may appeal?
Any party may appeal from a judgment
or final order.
Where to appeal?
 To the RTC, in case decided by the
Metro. Trial Court, MTC (Cities,
Municipalities) or in the Municipal Circuit
Trial Court.
 To the CA or the SC in the proper case
provided by the law, in case cases
decided by the RTC
 To the SC, in cases decided by the CA
Section 6 of Rule 116 of the Rules of Court
provides: When appeal is to be taken. — An
appeal must be taken within fifteen days from
the rendition of the judgment or order appealed
from. This period for perfecting an appeal shall
be interrupted from the time a motion for new
trial is filed until notice of the order overruling the
motion shall have been served upon the
defendant or his attorney.
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Fourth Pillar: Correction
A branch of the Criminal Justice System
concerned with the custody, supervision and
rehabilitation of criminal offenders. This is known
as the weakest pillar of the Criminal Justice
System.
Penology
A branch of criminology which deals
with the treatment, management and
administration of inmates.
Correctional Administration
The study and practice of
systematic management of jails or prisons and
other institutions concerned with the custody,
treatment, and rehabilitation of the criminal
offenders.
Person Deprived of Liberty (PDL)
PDL refers to a detainee, inmate, or
prisoner, or other person under confinement or
custody in any manner.
Community -based corrections
Comprises all correctional activities that
take place outside the institution and includes
probation, parole, and other programs outside
the prison walls.
Institutional based- based corrections
Refer to those agencies and institutions
responsible for maintaining physical custody of
an offender and include juvenile halls, camps
and prison.
The Department of Justice
The DOJ supervises the national
penitentiaries through the Bureau of Corrections,
administers the parole and probation system
through the Parole and Probation Administration,
and assists the President in the grant of
executive clemency through the Board of
Pardons and parole.
The Department of the Interior and Local
Government
The DILG supervises the provincial,
district, city and/municipal jails through the
provincial governments and the Bureau of Jail
Management and Penology.
The Department of Social Welfare and
Development
The DSWD, as mandated by law, will
supervise and manage all Rehabilitation Centers
in the Country. It caters Children- In- Conflict-
with- Law (CICL) who are between 9 years old
and below 8 years old, either on suspended
considering RA 9344 or pending trial, it is
concerned about the behavioral modifications of
all referred/ admitted CICL.
The purpose/ justification of giving punishment
(R.E.D.I.R):
Retribution
The punishment should be provided by
the state whose sanction is violated. To afford
the society or the individual the opportunity of

imposing upon the offender suitable punishment
as might be enforced. Offenders should be
punished because they deserve it.
Expiation or Atonement
It is punishment in the form of group
vengeance where the purpose is to
appeal the offender public or group.
Deterrence
Punishment gives a lesson to the
offender by showing to others what would
happen to them if they violate the law.
Punishment is imposed to warn potential
offenders that they cannot afford to do what the
offender has done.
Incapacitation and Protection
The public will be protected if the
offender has been held in conditions where he
cannot harm others, especially the public.
Punishment is affected by placing offenders in
prison so that society will be ensured from
further criminal depredations of criminals.
Reformation or Rehabilitation
It is the establishment of the usefulness
and responsibility of the offender. Society’s
interest can be better served by helping the
prisoner to become law-abiding citizen and
productive upon his return to the community by
requiring him to undergo an intensive program of
rehabilitation in prison.
PENALTY It is defined as the suffering
inflicted by the state against an offering member
for the transgression of law.
Juridical Conditions of Penalty
Punishment must be:
1. Productive of suffering
2. Commensurate with the offense -
different crimes must be punished with
different penalties.
3. Personal - the guilty one must be the
one to be punished, no proxy.
4. Legal - the consequence must be in
accordance with the law.
5. Equal - equal for all the persons.
6. Certain - no one must escape its effects.
When shall the Correction Pillar take place?
This pillar takes over once the accused,
after having been found guilty, is meted out the
penalty for the crime he committed.
The Bureau of Jail Management and
Penology
The BJMP exercises supervision and
control over all cities and municipal Jails
throughout the country. The enactment of RA
6975 created the BJMP. It operates as a line
bureau under the Department of Interior and
Local Government (DILG).
JAIL
It is a short term detention facility where
a person convicted or suspected of a crime is
detained awaiting trial, under investigation and
people sentenced for a short duration which is
below 3 years sentence.
63
Types of Jails
Lock- up Jails
It is an security type of jail commonly
used for police stations, used for temporary
confinement of an individual held for
investigation?
Ordinary Jails
It is the type of jail commonly used to
detain a convinced criminal offender to serve a
sentence less than three years.
Workhouses, Jail Farms or Camp
A facility that houses minimum custody
offenders who are serving short sentences or
those who are undergoing constructive work
programs. It provides full employment of
prisoners, remedial service and constructive
leisure time activities.
PRISONS
A place a long term confinement for
those convicted of serious crimes, prisoners
placed in here are physically confined and
usually deprived of a range of personal
freedoms, the sentence is above 3 years, or
place to the national prisons or penitentiaries
managed and supervised by the Bureau of
Corrections, an agency under the Department of
Justice.
General Classification of Inmates
Detention Prisoners/Detainee
Those detained for investigation,
preliminary hearing, or awaiting trial. A detainee
in a lock up jail. They are prisoners under the
jurisdiction of Courts.
Sentenced Prisoners/ Detainee
Offenders who are committed to the jail
or prison in order to serve their sentence after
final conviction by a competent court. They are
prisoners under the jurisdiction of a penal
institution.
Prisoners who are on safekeeping
Includes non- criminal offenders who are
detained in order to protect the community
against their harmful behavior.
Classification of Sentenced Prisoners:
Insular or National Prisoners
Those sentenced to suffer of a term of
sentence of 3 years and 1 day to life
imprisonment.
Provincial Prisoners
Provincial Jails in the Philippines are not
under the jurisdiction of the Bureau of
Corrections. They are managed and controlled
by the provincial government. Those persons
sentenced to suffer a term of imprisonment from
6 months and 1 day to 3 years or a fine not more
than 1,000 pesos, or both
Those detained therein waiting for preliminary
investigation of their cases cognizable by the
RTC.
City Prisoners
Those sentenced to suffer a term of
imprisonment from 1 day to 3 years or a fine of

not more than 1,000 pesos or both. Those
detained therein whose cases are filed with the
MTC. Those detained therein whose cases are
cognizable by the RTC and under Preliminary
Investigation.
64
Section 27 of the Administrative Code of
1987 issued November 23, 1989 under the
proclamation no. 495 of the President of the
Philippines changed the name of the Bureau of
Prisons to the Bureau of Corrections.

Municipal Prisoners On May 24, 2013, President Benigno Simeon C.

Those confined in Municipal Jails to Aquino III signed into law Republic Act No.
serve the imprisonment of 1 day to 6 months. 10575, otherwise known as the Bureau of
Those detained therein whose trials of their case Corrections Act of 2013 which provides for the
are pending with the MTC. modernization, professionalization and
restructuring of the bureau.
Duration of Penalties
Death Capital Old Bilibid Prison- It is the main penitentiary
Penalty Punishment and was opened formally April 10, 1866 by a
Royal Decree. It was established 1847 and
Reclusion 20-40 years Grave 36 located in Oroquieta Street Manila.
Perpetua imprisonment Felonies hours
12 years and The seven (7) Correctional Facilities
Reclusion 1 day to 20
Temporal years 1. New Bilibid Prison
On November 15, 1940, all inmates of the
6 years abd
Old Bilibid Prison in Manila were transferred to a
Prison 1 day to 12
new site. The new institution had a capacity of 3,
Mayor years
000 prisoners and it was officially named the
6 months New Bilibid Prison on January 22, 1941. The
Prison and 1 day to 18 prison compound proper had an area of 300 x
Correctional 6 years Less Grave hours 300 meters or a total of nine hectares. It was
1 month 1 surrounded by three layers of barbed wire.
Arresto day to 6 Located in Muntinlupa, Metro Manila.
Mayor months Felonies
2. San Ramon Prison and Penal Farm
Arresto 1 day to 30 Light 12 On August 21, 1869, the San Ramon
Menor days Felonies hours Prison and Penal Farm in Zamboanga City was
established to confine Muslim rebels and
The General Principles for the Treatment of recalcitrant Spanish- inspired dormitories and
Offenders: was originally set on 1, 114 hectares sprawling
estate.
1. Jail or Prison rules shall be applied impartially
without discrimination on ground of race, color, 3. Iwahig Penal Colony
language, religion or other opinion, national or This facility was established during the
social origin, property, birth or other status. American Occupation. It was during the Spanish
2. The religious beliefs and moral precepts not regime that Puerto Princesa was designated as
contrary to law, which a prisoner holds, must be a place where the offenders sentenced to
respected. banishment were exiled. Established in Puerto
3. Prison or Jail rules & regulations shall be Princesa City, Palawan.
applied with firmness but tempered with
understanding. 4. Davao Penal Colony
4. Custodial force, shall at all times conduct Located in Southern Mindanao. Opened
themselves as good examples. on January 21, 1931 under Act. No. 3732.
5. Abusive or indecent language to prisoners
shall not be used. 5. Correctional Institution for Women
6. Special care towards inmates shall be Located in Mandaluyong, Metro Manila.
practiced preventing humiliation or degradation. The only facility exclusively for women.
7. No use of force must be made by any of the Established on November 27, 1929 under Act
custodial force, except in self- defense or No. 3579.
attempt to escape or in case of passive physical
resistance to a lawful order. 6. Sablayan Penal Colony
8. Custodial force shall bear in mind that Located in Occidental Mindoro.
prisoners are sick people who need treatment. Established on September 26, 1954 by virtue of
PD 72.

Bureau of Correction in the Philippines 7. Leyte Penal Colony

The Bureau of Prisons was established
on November 1, 1905 under the Department of
Public Instructions through Reorganization Act
1407 of the Philippine Commission until it was
transferred to the Department of Justice.
The Prison Law incorporated in chapter 45 of
the revised Administrative Code of 1917.
Located in Abuyong, Southern Leyte.
Established on January 16, 1973 under
Proclamation No. 1101.
Degree of Custody
The extent of strict keeping charge
necessary for a person in confinement.

1. Super Security Prisoners
This is a special group of prisoners
composed of incorrigible, intractable and
dangerous persons who are difficult to manage
that they are the source of constant disturbance
even in the maximum institution.
2. Maximum Security Prisoner
This group consist of chronic trouble
makers, but as dangerous as the supers security
prisoners; TANGERINE
 Those sentenced to death
 Those whose minimum sentence is
twenty years
 Remand prisoners whose sentence is
20 years and above whose sentences
are under review by the Supreme Court
or at the Court of Appeals
 Those with pending cases
 Recidivist, Habitual Delinquents and
escapees
 Those confined at the Reception &
Diagnostic Center
 Those under disciplinary punishment for
safekeeping
 Those who are certified as criminally
insane or those with severe personal or
emotional disorders.
3. Medium Security Prisoner
These are prisoners who may be
allowed to work outside the fence of the
institution under guard escorts; BLUE
 Those who are below twenty years
 Those who are 18 years of age and
below, regardless of the case and
sentence
 Those who have two or more records of
escape must have served 8 years since
they were recommitted. Those with one
record of escape must have served five
years to be reclassified to medium
security.
 First offenders are sentenced to life
imprisonment, if they have served five
years in maximum security. It does not
include those served in local jails by way
of detention.
4. Minimum Security Prisoners
Prisoners who can already be trusted to
report to their place of work assignment without
the presence of the guards belong in this group.
They are fee to move around subject only to
curfew hours during night time; BROWN
 Those with severe physical handicap, as
certified by the Chief Medical Officer of
the institution
 Those who are 65 years old and above
who are without a pending case and
whose convictions are not appeal
 Those who have served (½) one- half of
their minimum sentence or ½ of their
maximum sentence, excluding Good
Conduct Time Allowance (GCTA)
 Those who have only six months more
to serve before the expiration of their
maximum sentence.
65
Non- Institutional Correction
Act No. 4103, “The Indeterminate Sentence
Law” as amended, the following Rules and
Regulations are hereby promulgated to govern
the actions and proceedings of the Board of
Pardons and Parole which was approved on
December 5, 1933.
 Looks into the physical, mental and
moral records of prisoners who are
eligible for parole or any form of
executive clemency and determines the
proper time of release of such prisoners
on parole;
 Assists in the full rehabilitation of
individuals on parole or those under
conditional pardon with parole conditions,
by way of parole supervision; and,
 Recommends to the President of the
Philippines the grant of any form of
executive clemency to prisoners other
than those entitled to parole.
SECTION 2. Definition of Terms. — As used in
these Rules, unless the context indicates
otherwise:
a. “Board” refers to the Board of Pardons and
Parole;
b. “Executive Director” refers to the Executive
Director/Secretary of the Board;
c. “Administration” refers to the Parole and
Probation Administration;
d. “Administrator” refers to the Administrator
of the Parole and Probation Administration;
e. “Regional Director” refers to the Head of
the Parole and Probation Administration in the
region;
f. “Probation and Parole Officer” refers to the
Probation and Parole Officer undertaking the
supervision of the client;
g. “Director” refers to the Director of the
Bureau of Corrections;
h. “Penal Superintendent” refers to the Officer-
In-Charge of the New Bilibid Prison, the
Correctional Institution for Women and the
prison and penal farms of the Bureau of
Corrections;
i. “Warden” refers to the Officer-In-Charge of
the Provincial, City, Municipal or District Jail;
j. “Carpeta” refers to the institutional record of
an inmate which consists of his mittimus or
commitment order issued by the Court after
conviction, the prosecutor’s information and the
decisions of the trial court and the appellate
court, if any; certificate of non-appeal, certificate
of detention and other pertinent documents of
the case;
k. “Prison Record” refers to information
concerning an inmate’s personal circumstances,
the offense he committed, the sentence imposed,
the criminal case number in the trial and
appellate courts, the date he commenced
serving his sentence, the date he was received
for confinement, the place of confinement, the
date of expiration of the sentence, the number of
previous convictions, if any, and his behavior or
conduct while in prison;
l. “Parole” refers to the conditional release of
an offender from a correctional institution after
he has served the minimum of his prison
sentence;

m. “Executive Clemency” refers to Reprieve,
Absolute Pardon, Conditional Pardon with or
without Parole Conditions and Commutation of
Sentence as may be granted by the President of
the Philippines;
n. “Reprieve” refers to the deferment of the
implementation of the sentence for an interval of
time; it does not annul the sentence but merely
postpones or suspends its execution;
o. “Commutation of Sentence” refers to the
reduction of the duration of a prison sentence of
a prisoner;
p. “Conditional Pardon” refers to the
exemption of an individual, within certain limits
or conditions, from the punishment which the
law inflicts for the offense he had committed
resulting in the partial extinction of his criminal
liability;
q. “Absolute Pardon” refers to the total
extinction of the criminal liability of the individual
to whom it is granted without any condition. It
restores to the individual his civil and political
rights and remits the penalty imposed for the
particular offense of which he was convicted;
r. “Petitioner” refers to the prisoner who applies
for the grant of executive clemency or parole;
s. “Parolee” refers to a prisoner who is
released on parole;
t. “Pardonee” refers to a prisoner who is
released on conditional pardon;
u. “Client” refers to a parolee/pardonee who is
placed under supervision of a Probation and
Parole Officer;
v. “Release Document” refers to the
Conditional Pardon/Absolute Pardon issued by
the President of the Philippines to a prisoner or
to the “Discharge on Parole” issued by the
Board;
w. “Parole Supervision” refers to the
supervision/surveillance by a Probation and
Parole Officer of a parolee/pardonee;
x. “Summary Report” refers to the final report
submitted by the Probation and Parole Officer
on his supervision of a parolee/pardonee as
basis for the latter’s final release and discharge;
y. “Progress Report” refers to the report
submitted by the Probation and Parole Officer
on the conduct of the parolee/pardonee while
under supervision;
z. “Infraction Report” refers to the report
submitted by the Probation and Parole Officer
on violations committed by a parolee/pardonee
of the conditions of his release on parole or
conditional pardon while under supervision.
SECTION 4. Scope of Authority. — The Board
may consider the case of a prisoner for
executive clemency or parole only after his case
has become final and executory. It will not take
action on the petition of a prisoner who has a
pending criminal case in court or when his case
is on appeal. in case the prisoner has one or
more co-accused who had been convicted, the
Director/Warden concerned shall forward their
prison records and carpetas at the same time.
Probation
It's 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.
66
PRESIDENTIAL DECREE No. 968 known as
the Probation Law of 1976
REPUBLIC ACT No. 10707 “AN ACT
AMENDING PRESIDENTIAL DECREE NO. 968,
OTHERWISE KNOWN AS THE “PROBATION
LAW OF 1976”,
“SEC. 4. Grant of Probation. —
Subject to the provisions of this
Decree, the trial court may, after it shall
have convicted and sentenced a
defendant for a probation able penalty
and upon application by said defendant
within the period for perfecting an appeal,
suspend the execution of the sentence
and place the defendant on probation for
such period and upon such terms and
conditions as it may deem best.
No application for probation shall
be entertained or granted if the defendant
has perfected the appeal from the
judgment of conviction: Provided, That
when a judgment of conviction imposing a
non-probationable penalty is appealed or
reviewed, and such judgment is modified
through the imposition of a probationable
penalty, the defendant shall be allowed to
apply for probation based on the modified
decision before such decision becomes
final.
The application for probation
based on the modified decision shall be
filed in the trial court where the judgment
of conviction imposing a non-
probationable penalty was rendered, or in
the trial court where such case has since
been re-raffled. In a case involving
several defendants where some have
taken further appeal, the other
defendants may apply for probation by
submitting a written application and
attaching thereto a certified true copy of
the judgment of conviction.
“The trial court shall, upon receipt
of the application filed, suspend
the execution of the sentence
imposed in the judgment.
“This notwithstanding, the accused
shall lose the benefit of probation
should he seek a review of the
modified decision which already
imposes a probationable penalty.
“Probation may be granted
whether the sentence imposes a
term of imprisonment or a fine only.
The filing of the application shall
be deemed a waiver of the right to
appeal.1âwphi1
“An order granting or denying
probation shall not be appealable.”
“SEC. 9. Disqualified Offenders.
— The benefits of this Decree shall
not be extended to those:
“a. sentenced to serve a maximum
term of imprisonment of more than
six (6) years;
“b. convicted of any crime against
the national security;
“c. who have previously been
convicted by final judgment of an
offense punished by imprisonment
of more than six (6) months and

one (1) day and/or a fine of more
than one thousand pesos
(P1,000.00);
“d. who have been once on
probation under the provisions of
this Decree; and
“e. who are already serving
sentence at the time the
substantive provisions of this
Decree became applicable
pursuant to Section 33 hereof.”
“SEC. 16. Termination of Probation. — After
the period of probation and upon consideration
of the report and recommendation of the
probation officer, the court may order the final
discharge of the probationer upon finding that he
has fulfilled the terms and conditions of his
probation and thereupon the case is deemed
terminated.
“The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
totally extinguish his criminal liability as to the
offense for which probation was granted.
“The probationer and the probation officer shall
each be furnished with a copy of such order.”
“SEC. 28. Volunteer Probation Assistants
(VPAs). — To assist the Chief Probation and
Parole Officers in the supervised treatment
program of the probationers, the Probation
Administrator may appoint citizens of good
repute and probity, who have the willingness,
aptitude, and capability to act as VPAs.
“VPAs shall not receive any regular
compensation except for reasonable
transportation and meal allowances, as may be
determined by the Probation Administrator, for
services rendered as VPAs.
“They shall hold office for a two (2)-year term
which may be renewed or recalled anytime for a
just cause. Their functions, qualifications,
continuance in office and maximum case loads
shall be further prescribed under the
implementing rules and regulations of this Act.
Who is Teodulo Natividad?
The late Congressman Teodulo C.
Natividad, recognized as the Father of
Philippine Probation, was appointed its first
Administrator. With PD 968, probation became
an added component of the Philippine
Corrections System and proved its institutional
worth.
1. Board of Pardons and Parole (BPP)
 Grants parole and recommends to the
President the grant of any form of
executive clemency to deserving
prisoners or individuals.
 Review reports submitted by the Parole
and Probation Administration and make
necessary decisions
 A functional unit under Department of
Justice
67
2. Parole and Probation Administration
 Originally called Probation
Administration and was created by virtue
of PD 968 of 1976 to administer the
probation system.
 It was renamed Parole and Probation by
EO 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 of department of
Justice
Executive Clemency
The collective term for Commutation of
Sentence, Conditions Pardon, Absolute Pardon
and Reprieve.
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.
Pardon
Is an executive clemency granted by the
President/ Chief Executive. It may also be
defined as an act of grace from the power
entrusted with the President which exempts the
individual on whom it is bestowed, from the
punishment the law inflicts for a crime he has
committed.
1. Conditional Pardon
It is the conditional exemption of
a guilty offender for the punishment
imposed by the court.
2. Absolute Pardon
It is the total extinction of the
criminal liability of the individual to whom
it is granted without any condition
whatsoever resulting to the full
restoration of his civil rights.
Amnesty
Is an act of sovereign power grant oblivion or
general pardon for a past offense usually
granted in favor of certain classes of person who
have committed crimes of political character,
such treason, sedition, and rebellion. The
President may grant the amnesty with the
concurrence of the majority of all members of
congress.
Reprieve and Suspension of Sentence
Are the temporary stay or postponement
of sentence. Especially when the penalty
imposed death, the purpose of reprieve is to
save the life. By postponing the execution of a
convict, the President is given an opportunity to
extend his commutation or pardon or the
Congress is given an opportunity to enact laws
favorable to the convict.
Commutation of Sentence
It is an act of the President reducing the
penalty of the convict.
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Fifth Pillar: Community
The Community represents the entire
people cohesively organized and mobilized in
synchronized energy with the government to
help in the decision making abd participatory
criminal justice administration involvement to
effectively address the law and order concern of
the society and its people.

Institution Compromising the Community

Pillar

Family
It refers to the basic social group united
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.

School
An institution for instruction or education.
The second integral stage of the behavioral/
social development process is the school. It is
said the school is an extension of home, having
the strategic position to control crime and
delinquency. The teachers are considered
second parents having the responsibility to mold
the child to become productive members of the
community.

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 people’s lives & properties.

Mass Media
It 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.

Government
The organization or agency through
which a political unit exercises its authorities,
controls and administers public policy, and
directs and controls the actions of its members.

Non- Government Organization

It refers to the private organizations that
are civic oriented and promote a 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.