You are on page 1of 252

INTRODUCTION TO CRIMINAL

JUSTICE SYSTEM
BASIC CONCEPTS
Crime – it is an act or omission in violation
of the criminal law. (Sutherland and Cresey)
– It is an act which is not in conformity
with the accepted norms and standards
in a certain society. (Keeper)
– An act committed or omitted in
violation of a public law forbidding or
commanding it.
Act - Any bodily movement tending to
produce some effect in the external world.
Omission – is meant inaction, or the failure
to perform positive duty which one is bound
to do.
Criminal Law – Branch or division of law
which defines crimes, treats of their nature
and provides for their punishment.
• Criminal – It refers to any person finally convicted by a competent
court in violation of law.
• Justice – Principle of dealing with fairness; equality in the
application of law.
• System – A process; a coordinated body of method; organized
way of work.
• Criminal Justice System – Sum total of instrumentation which a
society uses in the prevention and control of crimes.
- The machinery used by a democratic government to protect
the society against criminality and other peace and order
problems.
- An integrated apparatus that is concerned with apprehension,
prosecution, conviction, sentencing and correcting criminals.
- The process of linking the five pillars of criminal justice
system together so as to achieve an interrelated scheme of
reciprocal responsibilities in its approach to community
involvement.
BREEDING GROUNDS OF CRIMINALITY (CAUSES OF CRIMES)

• Poverty – This is characterized by the widespread unemployment, low income and


productivity, malnutrition, big families and rapid population growth rates, low standard
of living and the like. Because of poverty and its concomitant deprivation and
hardship, many become desperate and are forced by circumstances to resort to
crime; just so, they could alleviate or escape from their miseries and frustrations.
• Ignorance - This factor is widespread among people, who lack knowledge and
understanding about many laws and things, which they should and are presumed to
know as citizens.
• Injustices/Abuses – This factor in itself already constitutes several crimes
themselves. As if these were not enough yet, such they spawn and breed more crime
to happen as aftermath thereof.
• Soft State – This pertains to a system of government characterized by non-
enforcement of several laws and ordinances, massive graft and corruption,
absenteeism on the part of government officials, lack of basic services and other ugly
symptoms.
• Fear – This problem is pervasive that it affects practically the entire society, whether
rich or poor.
• Lost Family Values – It loosens family ties, result in many broken homes or families.
As children are separated from their parents they go wayward and become
misguided. Many become addicted to prohibited drugs, unwed or separated parents
and eventually become criminals or victims of crimes.
OTHER BASIC CAUSES OF CRIMES (By: Cirilo Tradio)

• Hatred – Some individuals develop violent hatred for reasons or another.


This hatred may ultimately result in some acts of violence. The normal or
well-adjusted person can control hatred. Others, because of their mental
make-up, cannot control hatred which in all likelihood would result in an act
of violence against another.
• Passion – All persons are born with the same general tendencies and
passions. It is in the manner in which they control these passions that will
determine whether or not a person is able to control his passion will depend
upon his early training and the influence of his home.
• Personal Gain – It is normal for a person to desire to improve his life and to
work hard to provide a better if not abundant life for himself and his family.
• Insanity – From among the members of the , there are those societey who
are born mentally abnormal and are therefore not governed by their own
free will. They cannot distinguish good from evil. They have no control over
their physical want and are not aware that what they have done is wrong.
• Revenge – This literally means to retaliate. This is what most people feel
and think of when others have committed acts detrimental to the interest of
their loved ones. It is the manifestation of uncontrollable impulses by one
against another who offended them.
GOALS OF CRIMINAL JUSTICE SYSTEM

• Protect the members of the society.


• Maintain Peace and Order
• Crime prevention
• Suppression of criminal conduct
• Review the legality of existing rules and regulations
• Rehabilitation and reformation of offenders.

PURPOSE OF CRIMINAL JUSTICE SYSTEM


The purpose of the criminal justice system is to process
those who have been accused of criminal activities.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM

American Concept of Criminal Justice System


– Law Enforcement
– Court
– Correction
Philippine Concept of Criminal Justice System
– Law Enforcement (Police)
– Prosecution
– Court
– Correction
– Community
OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

• Preventing the commission of crime


• Enforcing the law
• Removing dangerous person from the community
• Protecting life, individual rights and properties
• Deterring people from indulging in criminal activities
• Determining the guilt or innocence or guilt of the
accuse
• Investigating, apprehending, prosecuting and
imposing penalty upon those who cannot be
deterred from violating the rules of society
• Rehabilitating offenders and returning them to the
community as law-abiding and useful citizens of the
society.
PROCESS OF CRIMINAL JUSTICE SYSTEM

• The police are responsible of gathering pieces of evidence and


arresting the law violator as well as filing complaint to the
prosecutor.
• The prosecutor is responsible for evaluating evidence, which the
police gathered, and deciding whether it is sufficient to warrant
filing of charges against the accused.
• The defense lawyer, whether privately retained or provided by the
government, are responsible for defending the accused.
• The judge, during trial, is an arbitrator in court while judicial
proceeding goes through.
• The judge at the end of the trial renders decision to the case.
• The probation officer conducts pre-sentence investigation, and
also supervise offender placed on probation.
• The offender, if convicted and sentenced, will be committed to
penal institution until the parole board grants him parole or be
released if he had completely served his sentence.
• Finally, the convicted offender, once sentence is served, will be
sent back to the main stream of the society.
1 st Pillar
Law Enforcement Pillar
POLICE
• The agency of the community or government
that is responsible for enforcing the law,
maintaining public order, and preventing and
detecting crime.
– It is known as the prime mover of the
Criminal Justice System
– It initiates the Criminal Justice System by
the arrest of the offenders.
EVOLUTION OF POLICING IN THE PHILIPPINE SETTING

• Pre-Spanish Regime
- Headman or tribe leaders mandates all male
residents in the village to protect their crops from wild
animals.
• Spanish Regime
– Police force was considered part of the military
system by the Spanish Government.
– Functions:
• Suppress brigandage by patrolling unsettled
areas.
• Detection of spies as well as local petty uprising.
• The enforcement of tax collection and church
revenues.
Pre-Spanish Regime
Spanish Regime
POLICE FORCES UNDER THE SPANISH REGIME
• Carabineros de Seguridad Publica (Mounted Police)
– It was established on 1712
– It is responsible in carrying out the policies of the Spanish
government.
• Guardrilleros
- It refers to a body of rural police organized in every town.
- It was created by virtue of a Royal Decree on January 8, 1836.
- It was composed of 5% able bodied male inhabitants of each
town or province which has tenure of service for three (3) years.
- Functions:
• Guard municipal tribunals
• Patrol
• Guard prisons
• Guard mountains or buildings
• Carry mail
• Maintain peace and order
Carabineros de Seguridad Publica (Mounted Police)
Guardrilleros
• Cuerpo de Carabineros de Seguridad Publico
- It was established on December 20, 1842
- General Duties:
- prosecution of law breakers
- maintenance of peace and order
- Specific Duties:
– watching and guarding custom houses
– prevention of entry of contrabands
• Guardia Civil
- Police organization created by virtue of a royal decree on
February 12, 1852
- It relieved the Spanish peninsular troops
- It consisted of Filipino Policemen organized originally in each
provincial capitals of the central provinces of Luzon.
Cuerpo de Carabineros de Seguridad Publico
Guardia Civil
American Period

IMPORTANT DATES
• July 18, 1901 – creation of Insular Constabulary by
virtue of Act # 175.
• July 31, 1901 – Manila Police Department was
organized by virtue of Act # 183
• October 3, 1901 – Insular Constabulary was
changed to Philippine Constabulary by virtue of Act
# 255.
• January 2, 1942 – First element of the Japanese
Imperial Army called KEMPETAI entered Manila.
• February 7, 1945 – General McArthur returned to
the Philippines and the battle of manila ended.
KEMPETAI
Philippine Constabulary
IMPORTANT PERSONALITIES
• William Howard Taft – First Civil Governor of the Philippines.
• Capt. George Curry – First chief of Police of Manila Police
Department.
• Capt. Columbus E. Piatt – Last American chief of police of
Manila Police Department before the WWII broke out.
• Capt. Henry T. Allen – First chief of police of Philippine
Constabulary.
• Brig Gen. Rafael Crame – Became the first Filipino chief of
police of the Philippine Constabulary
• Col. Antonio C. Torres – First chief of police of Manila Police
Department when it became an all Filipino police organization.
• Col. Marcus Ellis Jones – First chief of police of Manila Police
Department upon the liberation of Manila from the Japanese
Imperial Army.
• Col. Lamberto T. Javalera – First chief of police of Manila Police
Department under the Republican government of then President
Roxas.
William Howard Taft
Capt. George Curry
Capt. Henry T. Allen
Brig Gen. Rafael Crame
Col. Antonio C. Torres
RELATED LAWS
• Republic Act # 4864
– It was enacted on September 8, 1966
– It created the office of the Police commission which was later called
NAPOLCOM under the office of the President.
– Its function is to oversee the training and professionalization of the
local police forces.
• Presidential Decree # 765
• It was enacted on August 8, 1975
• The law provides for the NAPOLCOM to be under the office of the
Ministry of National defense.
• Republic Act # 6975
• It was enacted on December 13, 1990
• It is otherwise known as the DILG Act of 1990.
• It abolished the PC/INP and created BJMP,BFP,PNP and PPSC.
• Republic Act # 8551
• It was created on February 25, 1998 which amended Republic Act 6975.
• It is otherwise known as the PNP Reform and Reorganization Act of 1998
• It provides for the reformation and professionalization of the PNP
THEORIES OF POLICE SERVICE

• Continental Theory –
Policemen are considered as
the servant of higher authority.
• Home-Rule Theory –
Policemen are considered as
the servant of the community.
PNP POWERS AND FUNCTIONS

• Statutory Functions
– Enforcement of laws and ordinances relative to the protection
of lives and properties.
– Maintain peace and order and take all necessary steps to
ensure public safety.
– Exercise the general powers to make arrest, search and
seizures in accordance with the constitution and pertinent laws.
– Investigate and prevent crimes, effect the arrest of criminals,
bring offenders to justice and assist in their prosecution.
– To assist other national government agencies,
instrumentalities, and subsidiaries in the enforcement of laws
pertinent thereto, upon proper request and or deputization.
– Detain an arrested person for a period not beyond what is
prescribed by law, informing the person so detained of all his
rights under the constitution and pertinent laws.
• Administrative Functions
– To issue licenses for the possession of firearms and
explosives in accordance with law.
– Supervise and control the training and operation of
security agencies, security guards, and private
detectives for the practice of their profession.
– Perform such other duties and exercise all other
functions as maybe provided by law.
• Miscellaneous Services
– Regulation of non criminal conduct such as traffic
control and management.
– Perform civic missions.
POLICE COMMUNITY RELATIONS

It is the sum total of dealing


of the police with the people it
serves and those whose
goodwill and cooperation it
craves for to insure the
greatest possible efficiency in
public service.
Other Law Enforcement Agencies
• National Bureau of Investigation
• Economic, Investigation and intelligence division under the
Department of Finance.
• Bureau of Fisheries and Aquatic Resources under the Department
of Agriculture.
• Bureau of Customs under Department of Finance
• Bureau of immigration under Department of Justice.
• Bureau of internal revenue under the Department of Finance
• Bureau of forest development under Department of Environment
and Natural Resources.
• Land Transportation Office under the Department of
Transportation and Communication.
• National Telecommunications Commission under the Department
of Transportation and Communication.
• Bureau of food and drugs under the Department of Health.
• Bureau of product standards under the Department of Trade and
Industry
CONCEPT OF POLICE SERVICE

• Old Concept – Focuses on


punishment as a way of
eliminating crimes.
• Modern Concept – The test
of police efficiency is the
absence of crime.
2nd Pillar
PROSECUTION
• Prosecution – It is the legal process or method whereby accusations are
brought before a court of justice to determine the guilt or innocence of the
accused.
• It may also refer to the agency responsible in presenting the governments
position in criminal cases and evaluating pieces of evidence presented by
the law enforcement pillar.
• Prosecutor – 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.
• Criminal Action – Is one by which the state prosecutes a person for an act
or omission punishable by law.
– It is commenced by the filing of a complaint with the city or provincial
prosecution office or with the Municipal Trial Court or Municipal Circuit
Trial Court. However, criminal action for an offense committed within
Metro Manila, may be commenced only by the filing of complaint with
the prosecutors office.
• Complaint – A sworn written statement charging a person of an offense
subscribed by the offended party, peace officer or any public officer charge
with the enforcement of the law violated.
• Offended Party – The person against whom or against whose property the
crime was committed.
• Information – An accusation in writing charging a person of an offense
subscribed by the prosecutor and filed with the court.
PROSECUTION
Elements of Complaint and Information

• The name of the accused;


• The designation of the offense
committed;
• The act or omission complained of;
• The name of the offended party;
• The approximate time of the
commission of the offense; and
• The place where the offense was
committed.
Inquest
An informal and 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 said person should remain under
custody and correspondingly be
charge in court.
Duty of Inquest Officer When Arrest is NOT Properly Effected

• Recommend the release of the person


arrested or detained;
• Note down the disposition on the
referral document;
• Prepare a brief memorandum
indicating the reasons for the action
taken; and
• Forward the same, together with the
record of the case, to the city or
Provincial Prosecutor for appropriate
action.
Duty of Inquest Officer When Arrest is Properly Effected

Should the inquest officer find that the arrest


was properly effected, he shall proceed with the
inquest by examining the sworn statements or
affidavits of the complainant and the witnesses
and other supporting evidence submitted to him.
If necessary, the inquest officer shall require
the presence of the complainant and subject
them to an informal and summary investigation
or examination for purposes of determining the
existence of probable cause.
Probable Cause
It exist when the evidence
submitted to the inquest officer
engenders a well founded
belief that a crime has been
committed and that the
arrested or detained person is
probably guilty thereof
Presence of Probable Cause
It the inquest officer finds that
probable cause exists, he shall
prepare the corresponding
complaint or information with the
recommendation that the same be
filed in court. The complaint or
information shall indicate the
offense committed and the amount
of bail recommended if bailable.
Absence of Probable Cause
If the inquest officer finds no probable cause,
he shall;
• Recommend the release of the arrested or
detained person;
• Note down the disposition on the referral
document;
• Prepare a brief memorandum indicating the
reasons for the action taken; and
• Forthwith forward the record of the case to
the City or Provincial Prosecutor for
appropriate action.
Preliminary Investigation
An inquiry or proceeding
conducted to determine whether
there is a sufficient ground to
engender a well founded belief
that a crime has been committed
and that the respondent is
probably guilty thereof and should
be held for trial.
Purposes of Preliminary Investigation

• To secure the innocent against hasty,


malicious and oppressive prosecution
and to protect him from an open and
public accusation of a crime and from
the trouble, expense and anxiety of a
public trial.
• To protect the state from having to
conduct useless and expensive trials.
Duties of the Investigating Fiscal
• If the investigating fiscal finds cause to hold the respondent for trial, he shall
prepare the resolution and corresponding information.
• He shall certify under oath that he has personally examined the complainant
and his witnesses, that there is reasonable ground to believe that a crime
has been committed and that the accused is probably guilty thereof, that the
accused was informed of the complaint and of the evidence submitted
against him and that he was given an opportunity to submit controverting
evidence.
• In either case, he shall forward the records of the case to the provincial or
city fiscal or chief state prosecutor within 5 days from his resolution. The
latter shall take appropriate action thereon, within ten days from receipt
thereof, immediately informing the parties of said action.
• No complaint or information may be filed or dismissed by an investigating
fiscal without prior written authority or approval of the provincial or city fiscal
or chief state prosecutor.
• When the investigating assistant fiscal recommends the dismissal of the
case but his findings are reversed by the provincial or city fiscal or chief
state on the ground that a probable cause exists, the latter may, by himself,
file the corresponding information against the respondent or direct any other
assistant fiscal or state prosecutor to do so, without conducting another
preliminary investigation.
KATARUNGANG PAMBARANGAY
• It was created by virtue of Presidential Decree 1608 on June 1978.
• Likewise, Republic Act #7160 (local Government Code of 1991)
integrated provisions to strengthen katarungang pambarangay
specially sections 399 – 422.
• It was created purposely to give the appropriate barangay chairman
and barangay lupon officials to amicably settle cases within their
jurisdiction.

• Amicable Settlement – It is the process of solving or settling


disputes in a certain barangay.
Composition of Katarungang Pambarangay
• Lupong Tagapamayapa (lupon)
• - It is composed of ten to twenty members who have been chosen
from respected members of the barangay.
• Pangkat Tagapagkasundo (Pangkat)
– It is composed of 3 selected members among the lupong
tagapamayapa.
Cases or Disputes which are not the Subject
Matter for Amicable Settlement

• Where one party is the government; or any subdivision or


instrumentality thereof;
• Where one party is a public officer or employee, and the dispute
relates to the performance of his official functions.
• Offenses punishable by imprisonment exceeding one (1) year
imprisonment, or a fine exceeding Php 5,000.00;
• Offenses where there is no private offended party;
• Where the dispute involves real property located in different cities or
municipalities, unless the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon;
• Disputes involving parties who actually reside in barangays or
different cities or municipalities, except where such barangay units
adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon; and
• Such other classes of disputes which the President may determine
in the interest of justice or upon the recommendation of the
secretary of justice.
3rd Pillar
Court
• Court – A body to which the public administration of justice is
delegated, being a tribunal assembled under authority of law at the
appropriate time and place for the administration of justice through
which the state enforces its sovereign rights and powers. It is an
entity or body in which a portion of judicial power is vested.
This pillar is responsible in conducting trial or court adjudication and
impose penalty if found guilty, otherwise render dismissal or
acquittal of the case.
• Judge – A public officer so named in his commission and appointed
to preside over and to administer the law in a court of justice.
• Judicial Power – Power to apply the law to contests or disputes
concerning a legally recognized rights or duties between the state
and private persons.
• Jurisdiction – It is the authority to hear and determine cases. It is
the authority by which judicial officers take cognizance and decide
cases correctly or incorrectly.
• Venue – It is a geographical division in which an action is brought to
trial or the place of trial for criminal action. It is a territorial unit where
the powers of the court were to be exercised.
Court
Judge
ORGANIZATION OF COURTS
• REGULAR COURTS
The Philippine judicial system consists of a hierarchy of
courts resembling a pyramid with the Supreme Court at the
apex. Under the Judiciary Reorganization Act of 1980, otherwise
known as the Batas Pambansa Bilang 129 the other regular
courts are:
Court of Appeals (Intermediate Appellate Court)
This operates in 10 divisions, each comprising 5
members. The courts sits en banc only to exercise
administrative, ceremonial or other non-adjudicatory
functions;
Regional Trial Courts – One which is presided by 720
regional trial court judges in each side of the regions of
the country.
Metropolitan Trial Courts – In each Metropolitan area, established by
law are a Municipal Trial Court in every City not forming a part of the
metropolitan area and each of the municipalities not comprised within a
metropolitan area; as well as a Municipal Circuit Trial Court in each area
defined as a Municipal Circuit comprising of one or more cities and/or one
or more municipalities grouped together according to the law.

SPECIAL COURTS
• Court of tax Appeals – This was created under RA 1125, as amended,
this special court has appellate jurisdiction to review on appeal the
decision of the Commission of Internal Revenue involving internal
revenue taxes and decisions of the Commissioner of Customs involving
customs duties.
• Sandigan Bayan – The constitution provides that the National Assembly
shall create specialized court, popularly known as “Sandigan Bayan”. The
creation was made possible by PD #1606.

• QUASI-JUDICIAL BODIES – There are administrative bodies under the executive


branch performing quasi-judicial functions, like the National Labor Relations
Commission, Employees Compensation Commission, Board of Transportation, etc,
and the Independent Constitutional Commissions which do not form part of the
Integrated judicial System. The same is true to the Court Martial.
Jurisdiction of Courts
• General – empowered to decide all disputes which may
come before it, except those assigned to other courts.
• Limited – has authority to hear and determine only a few
specified cases.
• Original – try and decide a case for the first time.
• Appellate – Take a case already heard and decided by a
lower court removed from it by appeal.
• Exclusive – try and decide a case which cannot be
presented before any other court.
• Concurrent – two or more courts may take cognizance
of a case
• Criminal – it exists for the punishment of a crime.
• Civil – it exist when the subject matter is not a criminal
offense.
• Delegated Jurisdiction – Power to hear and determine cases
by authority of court vested by original jurisdiction over the case
delegated.
• Territorial Jurisdiction – Power to hear and decide cases
falling within a territorial limit.
• Summary Procedure – Refers to proceedings whereby criminal
cases are speedily decided or resolved.
• Bail – It is the security required by court and given for the
provisional or temporary release of a person who is in the
custody of the law conditioned upon his appearance before any
court as required under the conditions specified.
• Arraignment – It is made on the first day of the trial wherein
there is the reading of the case and the accused enters a plea.
• Pre trial – It is a conference undertaken among litigants and
their respective lawyers with the judge for the purpose of
considering such other matters
• Plea Bargaining – The process whereby the
accused and the prosecution work out a satisfactory
disposition of the case subject to court approval. It
usually involves the accused pleading guilty to a
lesser offense or to only one or some counts of
several charges in return for a lighter penalty.
• Trial – It is the examination done before a competent
tribunal, according to the laws of the land, of the facts
in issue in a cause, for the purpose of determining
such issue. The process by which the offended party
represented by the public prosecutor/private
prosecutor to present all their evidence to prove that
the offense charged was committed by the accused
and that the offended party suffered damages, the
accused will also present his evidence to prove his
innocence or to seek a lighter penalty.
• Promulgation of Judgment – It is reading of
the judgment given to the accused.
• Decision – Is a judgment by a court of justice or
other competent tribunals after the presentation
of proof in an ordinary or criminal case upon
stipulation of facts upon which the disposition of
the case is based.
• Appeal – Elevation of the decision of the lower
court to the higher court for purposes of review.
4th Pillar
CORRECTION
CORRECTION
Concept of Correction
• The branch of Criminal Justice System
concerned with the custody, supervision
and rehabilitation of criminal offenders.
It is the field of criminal justice
administration which utilizes the body of
knowledge and practices of the
government and the society in general
involving the process of handling
individuals who have been convicted of
offenses for the purpose of crime
prevention and control.
The Three Aims of Correction Reforms
• To provide judges with more options to deal with
offenders through the use of probation, day fines,
commitment to community treatment centers, pre-trial
release and other measures short of imprisonment.

• Improving condition in prison and jails, including


decongestion, improved housing, more effective
medical, educational, vocational training, and
rehabilitation program services.

• Establishing an integrated correctional system that


will ensure the development of a unified philosophy of
treatment, implementation of uniform standards and
policies, effective programs planning and
development and efficient delivery of services to
offenders while at the same time protecting the
interest and welfare of the society.
In Addition, the Bureau of Prison is entrusted with Two Broad Goals

• To segregate from society persons who


by their acts have proven themselves
dangerous to the society.

• To strive at the correction of these


prisoners with the hope that when they
return to society, they shall be able to
lead normal, well-adjusted, self
supporting and useful lives as useful
and law-abiding citizens.
NON – INSTITUTIONAL CORRECTION

• PD 968 – ADULT PROBATION LAW Of


1976
• RA 9344 – JUVENILE JUSTICE AND
WELFARE ACT OF 2006
• ART. VIII OF RA 9165 – VOLUNTARY &
COMPULSORY SUBMISSION PROGRAM
• RA 4103 – INDETERMINATE SENTENCE
LAW
INSTITUTIONAL CORRECTION

• RA 6975 – DILG ACT OF


1990

• ADMINISTRATIVE ACT OF
1987/E.O. 292 – BUREAU OF
CORRECTION
CORRECTIONAL PHILOSOPHY AND
PRACTICES

• DIVISIONS OF CRIMINOLOGY:
Sociology of Law is an attempt at scientific
analysis of the conditions under w/c criminal laws
develop and w/c is seldom included in the book of
criminology.
Criminal Etiology is an attempt of scientific analysis
of the causes of crimes.
Penology is concerned with the control of crime.
PENOLOGY

The study of punishment of crime.


- a branch of Criminology
dealing with prison management,
and the deterrence and
reformatory treatment of criminals.
SOURCES OF THE TERM PENOLOGY:

Peno was derived from Greek word


“piono” and from the Latin wor d
“poena”, both terms mean
punishment.

Logy was from the Latin word “logos”,


meaning science.
Penology distinguish from Penitentiary Science

• Penology deals with the various


means of fighting crimes as
regards to penalties and other
measures of security, while
Penitentiary Science is limited
only to the study of penalties
dealing with deprivation of liberty.
• PUNISHMENT- an instrument of public
justice.
a. It is inflicted by the group in its corporate
capacity upon one who is regarded as a
member of the same group.
b. Punishment involves pain or suffering
produced by designed and justified by
some value that the suffering is assumed
to have.
• PENALTY- it is the suffering that is
inflicted by the state for the transgression
of law.
• C O N C E P T O F P E N A LT Y . P e n a l t y
generally signifies pain; especially
considered in the judicial sphere; it means
suffering undergone because of the action
of human society, by one who commits a
crime.
THEORIES OF JUSTIFICATION OF PENALTIES:

Prevention - The state must punish the criminal


to prevent or suppress the danger to the state
arising from the criminal acts of the offender.
Self-defense - The state has the right to punish
the criminal as a measure of self-defense so as to
protect society from the threat and wrong action
inflicted by the criminal.
Reformation - The object of punishment in
criminal case is to correct and reform the offender.
Exemplarity - The criminal is punished
to serve as an example to others to
deter from committing the crime.
Justice -That the crime must be
punished by the state as an act of
retributive justice, a vindication of
absolute right and moral law violated
by the criminal.
Retribution - Personal vengeance
Expiation or Atonement - visibly
or publicly for the purpose of
appeasing a social group.
Deterrence - punishment is to
prevent others in committing a
crime.
THREE FOLD PURPOSES OF PENALTY UNDER THE REVISED PENAL CODE:

Retribution or Expiation. The penalty is


commensurate with the gravity of the
offense.
Correction and Reformation. A shown by
the rules w/c regulates the execution of the
penalties consisting the deprivation liberty.
Social Defense. As shown by its inflexible
severity to recidivist and habitual
delinquents.
CONSTITUTIONAL RESTRICTIONS OF PENALTIES

• Sec. 21, Art. IV, 1973


Constitution of the
Philippines.
Directs that excessive fines
shall not be imposed, nor be
cruel and unusual punishment
inflicted.
ORIGIN AND HISTORY OF PENALTIES OR PUNISHMENTS

Natural Law -This originated from God


(natural law) to enforce the law that laid
down in His infinite wisdom and power. He
also prescribed the penalty or punishment.
Banishment/Distierro - The first penalty or
punishment prescribed by God to Adam
and Eve when they disobey His order
which made them as the first criminals.
Retribution/ Personal vengeance/ Revenge.
The most common ancient justification of punishment,
and this is called the Law of Vendetta.
The Code of Hammurabi - The oldest written penal law in
Babylonia
- stopped the ancient practice of retribution or personal
vengeance and punishment became the responsibility of
the state.
- This code of laws was a compilation of the laws of the
Semetic tribes, and was written on stone. It instituted
the law of the Talon (Lex Taliones) w/c means that the
state would mete out punishment equally, as “an eye for
an eye or a tooth for a tooth.”
PUNISHMENT IN PRIMITIVE SOCIETY

Most common Punishments.


1. Death
a. Crucifixion
b. Beheading
c. Hanging
d. Drowning
e. Burning
2. Physical torture
a. Flogging
b. Dismemberment and starvation
c. Public humiliation
d. Branding
e. Mutilation
3. Imprisonment
a. Confinement in dungeons, galleys, hulks, jails,
houses of corrections, work houses and
penitentiaries.
4. Fines and forfeiture of property
• CAPITAL PUNISHMENT
– It is the infliction of death penalty upon a
person who committed a serious crime.

• CORPORAL PUNISHMENT
– It is the infliction of physical pain upon a
convicted criminal.
SCHOOL OF THOUGHT IN CRIMINOLOGY:

1.Classical Theory

1.Neo-Classical Theory

2.Positivist Theory
• CLASSICAL THEORY- Stresses on the crime
and not on the person or criminal offender. In
this approach, punishment, which is retributive
and punitive, is standardized and proportioned to
the gravity and nature of the offense. It assumes
that every individual has a free will, knows the
penal law. Moreover, it postulates that man is a
rational being and calculating being who acts
with reference to feelings of pleasure and pain.
Thus, he will refrain from criminal acts if imposed
punishment is sufficient to cancel hope of
possible gain and advantage.
• CESARE BECCARIA - (1738-1804)
an Italian writer, who collected and
presented the principles of
Montesquieu, Voltair, Rousseau and
other eighteenth century writers and
philosophers pertaining to crimes and
punishment into a small book entitled
“Crimes and Punishment” which was
published in 1764.
PRINCIPLES OF THE CLASSICAL SCHOOL:

First, the rights and liberties of the individual must


be conserved. Since all persons are equal, those
who commit the same crime should be treated
alike.
Second, crime is judicial abst ract ion and,
therefore, a definite penalty should be attached to
each crime and invariably be inflicted.
Third, punishment should be limited by the social
need. Its social utility consists of definite
deterrence influence, and much of it should be
inflicted as is necessary to prevent others from
committing the same crime.
• NEO-CLASSICAL SCHOOL- This approach of
penology arose at the time of the French
revolution and the period immediately thereafter.
It maintains that while the classical school
doctrine in general is correct, it should be
modified in certain details. It argues that since
children and lunatic persons cannot calculate
pleasure and pain, they should not be regarded
as criminals and as such they should not be
punished. The reaction to crime, therefore, under
this school is no longer punitive; punishment is
imposed on some lawbreakers but not on others.
POSITIVE SCHOOL OF CRIMINOLOGY
• Also known as the Italian School of Criminology.
- Inaugurated in 1872, by an Italian army surgeon, Cesar
Lombroso.
- Views crime as a social phenomena and attaches
importance to the criminal offenders.
- A criminal is like a sick man who needs not to be
punished but treated in hospital so that his illness, that
has something to do with the commission of the crime
maybe cured.
- The concept of guilt maybe substituted with that of social
behavior, the incurable criminal should be treated and
the correctional institution is to constitute a criminology
school.
HISTORICAL BACKGROUND
European Background
• Historically, institutional confinement has
been used since ancient times, but not
until the 1600s and 1700s as a major
punishment for criminals. Prior to that it
was used to:
• Detain people before trial
• Hold prisoners awaiting other sanctions
• Coerce payment of debts and fines
• Hold and punish slaves
• Achieve religious indoctrination (the Inquisition)
• Quarantine disease
Forerunners of Modern Incarceration

• Modern incarceration strives to


change the offender’s character and
is carried out away from public view.
• Early punishments for crime were
directed more at the offender’s body
and property. Goals were to inflict
pain, humiliate the offender, and deter
onlookers from crime.
• Two additional
forerunners of modern
incarceration were:
• Banishment
• Transportation
• Banishment - A punishment,
originating in ancient times, that
required offenders to leave the
community and live elsewhere,
commonly in the wilderness.
• Transportation - A punishment in
which offenders were transported
from their home nation to one of that
nation’s colonies to work.
The closest European forerunners of
modern U.S. prisons were known as
workhouses.

Workhouses
European forerunners of the modern U.S.
prison, where offenders were sent to learn
discipline and regular work habits.
Developments in the United States

• In colonial America, penal


practice was loose, decentralized,
and unsystematic, combining
private retaliation with fines,
banishment, harsh corporal
punishments, and capital
punishment.
The History of Corrections
• The Colonial Period
• The Arrival of the Penitentiary
Ø The Pennsylvania System
Ø The New York ( Auburn ) System
Ø Debating the Systems
• Development or Prisons in the South
and West
Ø Southern Penology
Ø Western Penology
• The Reformatory Movement
Ø Cincinnati, 1870
Ø Elmira Reformatory
Ø Lasting Reforms
• The Rise of the Progressives
Ø Individualized Treatment and the
Positivist
School
Ø Progressive Reforms
• The Rise of the Medical Model
• From Medical Model to Community
Model
• The Crime Control Model: The
Pendulum Swings Again
Ø The Decline of Rehabilitation
Ø The Emergence of Crime Control
Evolution of punishment
in America, 1600 – 2000 Flow Chart
• Colonial Period
• 1600s - 1790s
• Arrival of the Penitentiary
• 1790s - 1860s
• Prisons in South & West
• 1800’s
• ReformatoryMovement
• 1870s - 1890s
• Progressive Period
• 1890s - 1930s
• Medical Model
• 1930s - 1960s
• Community Model
• 1960s - 1970s
• Crime Control Model
• 1970s - 2000
The Penitentiary Movement

• The Walnut Street Jail opened


in 1790 in Philadelphia and is
considered the first state
prison.
• Inmates labored in solitary
cells and received large doses
of religious training.
“Penitentiary”
• An institution intended to
isolate prisoners from
society and from one
another so that they could
reflect on their past
misdeeds, repent, and
thus undergo reformation.
“Principles of the “Penitentiary”
• isolate prisoner from bad influences of society -
liquor, temptation, people
• penance & silent contemplation
• productive labor
• reform (thinking & work habits)
• return to society, renewed
• key = solitary confinement
– isolate from contagion
– foster quiet reflection
– punishment, since man is social animal
– cheap  shorter sentence, fewer guards
The Penitentiary Movement
• Pennsylvania and New York
pioneered the penitentiary
movement by developing two
competing systems of
confinement:
• The Pennsylvania system
• The Auburn system
William Penn
• William Penn (1644–1718) English
Quaker who arrived in Philadelphia in
1682. Succeeded in getting
Pennsylvania to adopt “The Great
Law” emphasizing hard labor in a
house of correction as punishment for
most crimes
Benjamin Rush
• Benjamin Rush (1745–1813)
Physician, patriot, signer of the
Declaration of Independence,
and social reformer, Rush
advocated the penitentiary as
replacement for capital and
corporal punishment.
Pennsylvania system

• An early system of U.S.


penology in which inmates
were kept in solitary cells so
that they could study religious
writings, reflect on their
misdeeds, and perform
handicraft work.
Competing Models
• Pennsylvania system
– “Separate system”
Ø solitary confinement
Ø eat, sleep, work in cell
Ø religious instruction
Ø reflection upon crimes
– reform through
Ø salvation
Ø religious enlightenment
– model for Europe
– e.g.
Ø Walnut St. Jail
Ø Western Penitentiary
Ø Eastern State Pen.
Auburn System

• An early system of penology,


originating at Auburn Penitentiary
in New York, under which inmates
worked and ate together in
silence during the day and were
placed in solitary cells for the
evening.
Competing Models

• New York system


• Pennsylvania system
– evolved into
– “Separate system”
“Congregate system”
Ø solitary confinement
Ø hard labor in shops-day
Ø eat, sleep, work in cell
Ø religious instruction
Ø solitary confinement-
night
Ø reflection upon crimes
– reform through Ø strict discipline
Ø salvation Ø rule of silence
Ø religious enlightenment – reform through
– model for Europe Ø good work habits
– e.g. Ø discipline
Ø Walnut St. Jail – model for US-economical
Ø Western Penitentiary
– e.g., Auburn Prison, 1816
Ø Eastern State Pen.
• Pennsylvania/Philadelphia model
– Europeans applauded and replicated
• New York/Auburn model
– won out in US; more cost-effective labor; state
negotiated contracts with manufacturers
• but neither curbed crime nor reformed offr’s
– various reforms tinkered w/ look, purpose
– but icon of high-walled fortress remained:
Attica, Quentin, Folsom, Sing Sing
The Penitentiary Movement
• By the end of the Civil War, many
were questioning the value of the
penitentiary movement, as prisons
failed to deter crime, and became
increasingly expensive to maintain.
• A new movement sought to improve
the method of incarceration.
Southern Penology
uDevastation of war and economic
hardship produced 2 results:
uLease system
nPrivate business negotiated with state
for labor & care of inmates--Kentucky
(1825)
uPenal farms
nState-run plantations which grew crops
ØTo feed inmates
ØTo sell on free market
Western Developments
• Penology in west not greatly influenced by the
ideologies of the east
• Prior to statehood, prisoners held in territorial
facilities or in federal military posts and prisons
• 1852: San Quentin - California’s 1st prison
• 1877: Salem, Oregon prison - Auburn model
• Western states discontinued use of lease system
as states entered into the union
– e.g. Oregon, California, Montana, Wyoming
The Reformatory Movement
• The reformatory movement was based on
principles adopted at the 1870 meeting of
the National Prison Association. The
reformatory was designed:
• for younger, less hardened offenders.
• based on a military model of regimentation.
• with indeterminate terms.
• with parole or early release for favorable
progress in reformation.
1870’s - 1890’s
• product of disillusionment with
oppressive penitentiary system
• focus remained  inmate change!
• key features:
– indeterminate sentences > fixed
– offender classification should be based
on character & institutional behavior
– use early release as incentive to reform
Hallmarks of the Reformatory Movement
• National Prison Association
– precursor: American Correctional Asso.
– strong religious influence (still)
• Cincinnati meeting,1870
 Declaration of Principles
“reformation is a work of time: and a
benevolent regard to the good of the
criminal himself, as well as to the protection
of society, requires that his sentence be long
enough for the reformatory process to take
effect.”
• e.g., Machonochie, Crofton, Brockway
“Reformatory”

• An institution for young


offenders emphasizing
training, a mark system
of classification,
indeterminate sentences,
and parole
“Mark System”
• A system for calculating when an offender will be
released from custody, based on both the crime & his
behavior in prison
u devised by Alexander Maconochie (England),
at Norfolk Island penal settlement (off Australia, 1840)
u at sentencing, offender is ‘given’ a number of “marks,” based on
offense severity
(a “debt” to society, to be “paid” off)
u for release, offender must earn marks via
u voluntary labor
u participation in educational, religious programs
u good behavior
u adopted in Ireland, never England
The Irish system
• Developed by Sir Walter Crofton
• Derived from Maconochie’s mark system
• Four-stage program of graduated release, based on
offender performance
• All sentences served in four stages;
 move “up” w/ accumulation of marks
1.  solitary confinement - all start here
2.  public works prison - begin earning marks
3.  intermediate stage - (like half-way house)
after earning enough marks
4.  ticket of leave - conditional release
= precursor of modern parole
Zebulon Brockway
• An institution for young offenders emphasizing training, a mark
system of classification, indeterminate sentences, and parole: 1st
time felons (16-30)
u diagnosis, individualized treatment, reform
u Operation:
u  intake interview: determine causes of crime
u  individualized work & education program
u  mark system of classification (work, school, behavior).
move up OR down, with accumulation of marks:
• begin at grade 2
• can earn 9 marks/mo. for 6 months:
• grade 1; or
• grade 3;
•then, 3 mo. good behavior:  grade 2 again.
u administrators determine release date
u Elmira Reformatory (Zebulon Brockway; 1876-1900)
Reformatory Movement Ends
• failed to reform (like penitentiary)
• brutality
• corruption
• not administered as planned
• but, important features survived:
– inmate classification
– rehabilitation programs
– indeterminate sentences
– parole
Institutions for Women
• Until the reformatory era, there was little
effort to establish separate facilities for
women.
• The first women’s prison based on the
reformatory model opened in Indiana in
1873.
• Women’s prisons concentrated on molding
inmates to fulfill stereotypical domestic
roles.
• The Golden Age of Penology
- the period from 1870 to 1880 was considered
the golden age of penology because of the
following significant events:
q 1870- the National prisons Association
organized in Cincinnati, Ohio.
q 1872- the First International Congress was
held at London w/c established the
International Penal and Penitentiary
Commission; 1875- its headquarters was
established at Hague, Netherlands.
1876- the Elmira Reformatory
was established in New York.
- The First separate institution
for women were established in
Indiana and Massachusetts.
The Progressive Era
(1890s - 1930s)
• Age of reform: set tone for American
social thought & political action until 1960s!
• Condemned ills of new urban society - big
business, big industry, urban blight
•  faith in science to find answers to
crime, criminal behavior, treatment
•  new faith in government action to
eliminate social problems--slums, crime
• Trends of period
– industrialization
– urbanization
– technological change
– scientific advancement
• Socially conscious, politically active,
mostly upper-class reformers of early
1900s
• Attacked excesses of emergent 20th
century - big business, industry, urban
society
• Believed science (positivism) + state
intervention could/should solve social &
political problems
• Advocated “treatment according to the
needs of the offender,” not “punishment
according to severity of the crime”
• Subscribed to “positivism”
“Positivist School”
• An approach to criminology and other
social sciences based on the assumption
that human behavior is a product of
biological, economic, psychological, and
social factors, and that the scientific
method can be applied to ascertain the
causes of individual behavior
usubscribed to by Progressives
Principles of Positivist School
• Behavior (including crime) is
NOT the product of free will.
– behavior stems from factors beyond
control of the individual
• Criminals can be treated so they can lead
crime-free lives.
• Treatment must focus on the individual &
his/her problem(s).
“Progressive Reforms”
• 2 strategies for CJ reform:
 improve general social, economic conditions
that seem to breed crime
 rehabilitate individual offenders
• 4 planks in “progressive” platform:
– probation (John Augustus, 1841)
– indeterminate sentencing (by 1920s, 37 states)
– parole (by 1920s, 44 states; 80% of releases)
– juvenile courts (1899, Cook County)
• By 1970s, most of these enlightened & well-meaning
reforms seen as having failed to live up to their promise
The Medical Model
(1930s - 1960s)
• A model of corrections positing that criminal behavior is
caused by social, psychological, biological deficiencies
that require medical treatment
– first serious efforts to implement truly medical
strategies aimed at scientifically classifying, treating,
rehabilitating criminal offenders
– e.g. “medical” programs & institutions
• psychology (Karl Menninger)
• Maryland Patuxent Institution, 1955
• sexual psychopath, sociopath laws
• crime as sickness
The Community Model
(1960s - 1970s)
• model of corrections positing goal of CJS: to reintegrate
offender into community
• key features
– prisons should be avoided;
prison = artificial environment;
prison frustrates crime-free lifestyle
– need to focus on offender’s adjustment into society;
not just on psychological treatment
Øprobation
Øintermediate sanctions;
(alternatives to incarceration)
Øparole
The Crime Control Model
(1970s - 2000)
• less ambitious, less optimistic, less forgiving
view of man &
ability of CJS to change him
• crime better controlled by more incarceration &
strict supervision
• precipitating factors
– public concern over rising crime in ‘60s
– disillusionment with treatment
– public clamor for longer sentences
– distrust of broad discretion given to
correctional & parole authorities
FINAL
:

The Pre-colonial:
- informal prison system was community
based.
- Incarceration in order to prevent harming
the local residents.
- Punishments were provided by the
chieftains.
- Kalantiao and Maragtas Code
Spanish Regime:
- Formal prison system was established:
- Old bilibid prison or known as “Carcel y
Presidio Correccional” Established in 1847
pursuant to Section 1708 of the Revised
Administrative Code and formally opened by Royal
Decree in 1865
- and could accommodate 1,127 prisoners.
- One-half of the enclosed space was
assigned to Presidio prisoners and the
other half to Carcel prisoners.
San Ramon Prison and Penal Farm:
- in Zamboanga City was established to
confine Muslim rebels and recalcitrant
political prisoners opposed to the
Spanish rule.
- was originally set on a 1,414-hectare
sprawling estate.
The American and Commonwealth Governments:

- The Bureau of Prisons was created


under the Reorganization Act of 1905
(Act No. 1407 dated November 1, 1905)
as an agency under the Department of
Commerce and Police

- The re-establishment of San Ramon


Prison in 1907 which was destroyed
during the Spanish-American War.
Prison Established:
1. Iwahig Prison and Penal Farm
- Formerly the Iuhit penal settlement
- vast reservation of 28,072 hectares and a
total land area of 40,000 hectares in the late
1950s
- to confine incorrigibles with little hope of
rehabilitation
- the area was expanded to 41,007 hectares
by virtue of Executive Order No. 67 issued by
Governor Newton Gilbert on October 15,
1912.
2. Correctional Institution for Women
- was created under Act No. 3579 on
November 27, 1929
- provide separate facilities for women
offenders

3. Davao Penal Colony


- in Southern Mindanao was opened in 1932
under Act No. 3732.
Transfer of the Old Bilibid to Muntinlupa:
- Commonwealth Act No. 67 was enacted for the
construction of a new national prison in the
southern suburb of Muntinlupa, Rizal in 1935.
- On November 15, 1940, all inmates of the Old
Bilibid Prison in Manila were transferred to the
new site known as New Bilibid Prison on
January 22, 1941.
- capacity of 3,000 prisoners
- prison reservation has an area of 587
hectares
Developments After WWII:
- A death chamber was constructed in 1941
- Camp Sampaguita or the Medium Security Camp and
Minimum Security Camp, whose first site was christened
“Bukang Liwayway was constructed in 1980 (New Bilibid
Prison)
- Under Proclamation No. 72 issued on September 26,
1954, the Sablayan Prison and Penal Farm in Occidental
Mindoro was established
- Leyte Regional Prison followed suit under Proclamation
No. 1101 issued on January 16, 1973.
Birth of the Reception and Diagnostic Center:

- Was created through Administrative Order No.


8, series of 1953 of the Department of Justice
and patterned after the reception facilities of the
California State Prison
- Director Dionisio Santiago entrusted the
administration of the Muntinlupa Juvenile
Training Center (MJTC) to the RDC through a
memorandum dated June 18, 2005
- The RDC is located in Camp Sampaguita, NBP
- Evolved into an institution that uses a modern
positive approach towards penology.
PHILIPPINES CORRECTIONAL SYSTEM:

The Correctional System in the Philippines


is composed of six agencies under three
distinct and separate departments of the
national government:
- The Department of Justice or DOJ;
- The Department of Interior and Local
Government or DILG;
- and the Department of Social Welfare
and Development or DSWD.
Bureau of Correction:
• Is an agency under the Department of
Justice
• Mandated to carry out institutional
rehabilitation programs of the government
for national offenders, those sentenced to
more than three years, and to ensure their
safe custody
• Composed of seven operating institutions
strategically located all over the country to
accept national prisoners
Mandate of the Bureau of Correction:

“THE PRINCIPAL TASK OF THE BUREAU


OF CORRECTIONS IS THE
REHABILITATION OF NATIONAL
PRISONERS”

Slogan:

”BRINGING BACK THE DIGNITY OF MAN”


PRINCIPLES:
1) To confine prisoners by giving them adequate living
spaces as the first conditions to be met before any
effective rehabilitation programs can be undertaken.

2) To prevent prisoners from committing crimes while in


custody.

3) To provide humane treatment by affording them


human basic needs in the prison environment and
prohibiting cruel methods and provide a variety of
rehabilitation program.
• Adheres to the provisions of the UN
Standard Minimum Rules for the
Treatment of Prisoners and UN Standard
Minimum Rules for Non-Custodial
Measures (the Tokyo Rules) and other
international human rights instruments.
• Section 2, Article of the Constitution,
moreover, provides that “The Philippines…
adopts the generally accepted principles
of international law
The Bureau of Correction and its Offices:

Accounting Division
Administrative Division
Custodial Division
General Services Division
Prison Industries
- Agricultural division
- Industrial production division
- Sales collection division
Sections of the Bureau of Correction:

1. Psychiatric section
2. Vocational section
3. Receiving section
4. Medical correction section
5. Custodial correction section
6. Psychology section
7. Education section
8. Religion section
PROGRAMS AND SERVICES OF THE BUREAU OF CORRECTIONS:

1. Classification
2. Custody and control of prisoners
3. Inmate Work Program
4. Health Care Services
5. Education and Skills Training
6. Recreation and Sports
7. Religious and Spiritual Guidance
Program
8. Therapeutic Community Program
CLASSIFICATION:
ADMISSION:
- Documents required for the admission of new inmates:
a. Mittimus/commitment order of the court
b. Information filed by the Fiscal and court’s decision
c. Certificate of detention
d. Prison record
e. Pre – parole report and questionnaire, pre –
executive clemency report
f. Detainees manifestation (RA 6127)
g. Certification from warden
h. Certification that the case is not appealed
ORIENTATION:
Reception and Diagnostic center:
- handles the orientation, diagnosis and treatment of newly arrived
inmates
- during the first sixty (60) days

BuCor Classification Board – composed of the following:


Chairman :Penal Superintindent
V – Chairman :Chief RDC
Member : Medical officer, Chief Education section, Agro
Industrial Section
Secretary : Chief Overseer
Process of Classification:
1.Diagnosis
2.Treatment Planning
3.Execution of the treatment
program
4.Reclassification
Classification board will classify the
inmates as to:
1. Maximum security inmates

2. Medium security inmates

3. Minimum security inmates


Classification of inmates at the BuCor:

a. Third class inmates


b. Second class inmates
c. First class inmates
d. Colonist
CUSTODY AND CONTROL:
• Inmate discipline
• Board of discipline
• Custodial force ratio is 1 is to 6 id inside
the prison
• Disciplinary measures:
– Caution or reprimand
– Cancellation of privileges
– Deprivation of GCTA for certain period
– Change of security classification
INMATE WORK PROGRAM:
• The purpose of the inmate work program is to
keep the inmates busy, and to provide them
money for their personal expenses and their
families as well as help them acquire livelihood
skills, in order that they may become productive
citizens once they are released and assimilated
back into the mainstream of society.
– Tagum Development Company (TADECO)
– Iwahig Penal Colony
– Sablayan Prison and Penal
HEALTH CARE SERVICES:

• The principal medical care of


inmates is provided through a
500-bed capacity hospital at
the New Bilibid Prisons and at
six (6) other mini-hospitals or
clinics in the six (6) other
prison and penal farms
EDUCATION AND SKILLS TRAINING:
Remedial schooling designed to prepare inmates
to obtain basic skills in reading, writing and
mathematics.
Vocational training and social education focus on
job readiness.
Basic computer literacy course with typing as a
Support course is available for inmates who have
finished at least high school level.
College degree program and a tertiary degree
correspondence course
Library services.
RECREATION AND SPORTS:

• The inmates enjoy sunrise by participating


in daily calisthenics.
• various indoor and outdoor sports
activities, programs, tournaments and
leagues all year round
• Latest is the sports center/gymnasium at
the Maximum Security Compound
• Mini-bodybuilding gyms are available
• numerous "videoke" centers are available
RELIGIOUS AND SPIRITUAL GUIDANCE PROGRAMS:

• A religious guidance adviser or


chaplain is assigned in every prison
and penal farm
• Religious Volunteer Officers, or RVOs
belonging to different church groups
provide weekly religious activities
ranging from bible studies, devotions,
prayer meetings or praise and
worship.
THERAPEUTIC COMMUNITY PROGRAM:

• Represents an effective, highly


structured environment with
defined boundaries, both moral
and ethical.
• Patterned after Daytop TC, New
York which is the base of the
Therapeutic Community
movement in the world
OTHER SERVICES:
Eligibilities and Privileges of Inmates/Prisoners:
a. Inmates for a penal farm as colonist/trustee
- Privileges of colonist is provided under RA 2439.
a. Visit to a deceased relatives
Other rights of the inmates:
1. Compensation for the work
2. GCTA – Good Conduct Time Allowance
3. Send and review correspondents
4. Practice his faith of religion
5. Visitation and etc.
6. Received authorized visitors
7. Air grievances through proper channels
8. Received death benefits and pecuniary for injuries
BUREAU OF JAIL MANAGEMENT AND PENOLOGY:

• Types of prisoners under PD 29


– Municipal prisoner
– City/provincial prisoner
– Insular/national prisoner
• Jails under BJMP:
– Municipal jails
– City jails
– District jails
• Reception or admission procedures
– Identify the authority of the person
bringing the prisoner or detainee
– Check the authenticity of the arrest
report or referral
– Check the medical certificate
– Check the authenticity of the mittimus
– Check the authenticity of the person to
be admitted
• Classification –refers to the assignment or grouping of offenders.
• Categories of offenders:
– Prisoners
– Detainees
• Four Classes of Prisoners
– 1. Insular or national prisoner – one who is sentenced to a prison
term of three years and one day to death;
– 2. Provincial prisoner – one who is sentenced to a prison term of
six months and one day to three years;
– 3. City prisoner – one who is sentenced to a prison term of one
day to three years; and
– 4. Municipal Prisoner – one who is sentenced to a prison term of
one day to six months.
• Custody, security and control, emergency plans,
movements and transfer of offenders
– The following guidelines are observed in jails;
• Conduct jail inspection and security survey
• Oplan greyhound
• Movement and transfer of offenders
• Offenders count
• Security procedure during meal service
• Mail censorship
• Emergency plans for jails
• NON INSTITUTIONAL TREATMENT
PD 968 – PROBATION LAW
To establish a more enlightened and
humane correctional systems that will
promote the reformation of offenders and
thereby reduce the incidence of recidivism;
To provide a less costly alternative to the
imprisonment of offenders
To provide individualized, community-based
treatment programs;
• Section 1. Title and Scope of the
Decree.
– This Decree shall be known as the
Probation Law of 1976.
– It shall apply to all offenders except
those entitled to the benefits under the
provisions of Presidential Decree
numbered Six Hundred and three and
similar laws.
• Section 2. Purpose. This Decree shall be
interpreted so as to:
– (a) promote the correction and rehabilitation of
an offender by providing him with
individualized treatment;
– (b) provide an opportunity for the reformation
of a penitent offender which might be less
probable if he were to serve a prison
sentence; and
– (c) prevent the commission of offenses.
• Section 3. Meaning of Terms.
– (a) “Probation”
– is a disposition under which a defendant, after
conviction and sentence, is released subject to
conditions imposed by the court and to the
supervision of a probation officer.
– (b) “Probationer”
» means a person placed on probation.
– (c) “Probation Officer”
» means one who investigates for the court a
referral for probation or supervises a
probationer or both.
When and where to file probation?

• Section 4 provides that any petition for


probation can be filed only after the court
convicted and sentenced the defendant
and upon application of the said defendant
in any time within the period of
perfecting an appeal
• An application for probation shall be filed
with the trial court.
How Probation is being granted?

• Section 4 provides that after


conviction and upon application of
the defendant, the court will
suspend the execution of said
sentence and place the defendant
on probation for such period and
upon such terms and conditions
as it may serve deem best.
What is the effect of probation on the right of the accused to appeal?

• The filing of the application shall be


deemed a waiver of the right to appeal, or
the automatic withdrawal of a pending
appeal.
• Probation – is the acceptance of court’s
decision.
• Appeal – not satisfied with the court’s
decision of the case.
Probation on Fine as Penalty.

Probation may be granted


whether the sentence imposes a
term of imprisonment or a fine
only.
Subject to the provisions of
subsidiary penalty provided
under the revised penal code.
• Section 5. Post-sentence Investigation.
– No person shall be placed on probation
except upon prior investigation by the
probation officer and a determination by
the court that the ends of justice and the
best interest of the public as well as that
of the defendant will be served thereby.
FULL BLOWN COURTESY INVESTIGATION

• Full Blown Courtesy Investigation


(FBCI) is a General Courtesy
Investigation (GCI) from another City
or Provincial Parole and Probation
Office which requests for a complete
PSIR on a petition for probation
pending referral investigation in the
Probation Office of origin.
• Section 6. Form of Investigation
Report.
–The investigation report to be
submitted by the probation officer
under Section 5 hereof shall be in
the form prescribed by the
Probation Administrator and
approved by the Secretary of
Justice.
• Section 7. Period for Submission of
Investigation Report.
– The probation officer shall submit to the court
the investigation report on a defendant not
later than sixty days from receipt of the
order of said court to conduct the investigation.
The court shall resolve the application for
probation not later than fifteen days after
receipt of said report. (As amended by PD
1990.)
Effect of the Grant of Probation.

• (a) Probation is but a mere privilege and


as such, its grant or denial rests solely
upon the sound of discretion of the Trial
Court. After its grant it becomes a statutory
right and it shall only be cancelled or
revoked for cause and after due notice
and hearing.
• (b) The grant of probation has the effect of
suspending the execution of sentence.
• Section 8. Criteria for Placing an Offender on
Probation. In determining whether an offender
may be placed on probation, the court shall
consider all information relative:
– the character
– Antecedents
– Environment
– mental and physical condition of the offender
– and available institutional and community
resources.
Probation shall be denied if the court finds that:
– (a) the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an institution;
or
– (b) there is undue risk that during the period of
probation the offender will commit another
crime; or
– (c) probation will depreciate the seriousness
of the offense committed.
• Section 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 subversion or any offense against the national
security or the public order;
– (c) who have previously been convicted by final judgment of an
offense punished by imprisonment of not less than one month
and one day and/or a fine of not less than two hundred pesos;
– (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. (As amended by PD 1990.)
• Section 10. Conditions of Probation.
– Every probation order issued by the court
shall contain conditions requiring that the
probationer shall:
• (a) present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within seventy-two hours from receipt of
said order;
• (b) report to the probation officer at least
once a month at such time and place as
specified by said officer.
• Section 11. Effectivity of Probation Order.
– A probation order shall take effect upon its
issuance, at which time the court shall inform
the offender of the consequences thereof and
explain that upon his failure to comply with
any of the conditions prescribed in the said
order or his commission of another offense,
he shall serve the penalty imposed for the
offense under which he was placed on
probation.
• Section 13. Control and Supervision of
Probationer.
– The probationer and his probation program shall be under the
control of the court who placed him on probation subject to
actual supervision and visitation by a probation officer.
– Whenever a probationer is permitted to reside in a place under
the jurisdiction of another court, control over him shall be
transferred to the Executive Judge of the Court of First Instance
of that place, and in such a case, a copy of the probation order,
the investigation report and other pertinent records shall be
furnished said Executive Judge. Thereafter, the Executive Judge
to whom jurisdiction over the probationer is transferred shall
have the power with respect to him that was previously
possessed by the court which granted the probation.
Outside Travel.
• (a) A Probation Officer may authorize a probationer to travel outside
his area of operational/territorial jurisdiction for a period of more than
ten (10) days but not exceeding thirty (30) days.
• (b) A Probationer who seeks to travel for up to thirty (30) days
outside the operational/territorial jurisdiction of the Probation Office
shall file at least five (5) days before the intended travel schedule a
Request for Outside Travel (PPA Form 7) with said Office properly
recommended by the Supervising Probation Officer on case and
approved by the CPPO.
• (c) If the requested outside travel is for more than thirty (30) days,
said request shall be recommended by the CPPO and submitted to
the Trial Court for approval.
• (d) Outside travel for a cumulative duration of more than thirty (30)
days within a period of six (6) months shall be considered as a
courtesy supervision.
• Section 14. Period of Probation.
– (a) The period of probation of a defendant sentenced
to a term of imprisonment of not more than one year
shall not exceed two years, and in all other cases,
said period shall not exceed six years.
– (b) When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment in
case of insolvency, the period of probation shall not
be less than nor to be more than twice the total
number of days of subsidiary imprisonment as
computed at the rate established, in Article thirty-nine
of the Revised Penal Code, as amended.
Section 15. Arrest of Probationer;
Subsequent Disposition.
• At any time during probation, the
court may issue a warrant for the
arrest of a probationer for
violation of any serious violation
of the conditions of probation.
Effects of violation of the conditions in the Probation order

• Section 15 provides that if the violation is


established, the court mat revoke or continue his
probation and modify the conditions thereof.
• If revoked, the court shall order the probationer
to serve the sentence originally imposed.
• An order revoking the grant of probation or
modifying the terms and conditions thereof shall
not be appealable. (As amended by PD 1257,
December 1, 1977.)
• Section 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 suspend as a
result of his conviction and to fully discharge his
liability for any fine imposed as to the offense for
which probation was granted.
The following probationers may be recommended for the early
termination of their probation period:

• 1. Those who are suffering from serious physical and/or mental disability
such as deaf mute, the lepers, the crippled, the blind, the senile, the bed-
ridden, and the like;
• 2. Those who do not need further supervision as evidenced by the following:
– (a) Consistent and religious compliance with all the conditions imposed
in the order granting probation;
– (b) Positive response to the programs of supervision designed for their
rehabilitation;
– (c) Significant improvements in their social and economic life;
– (d) Absence of any derogatory record while under probation;
– (e) Marked improvement in their outlook in life by becoming socially
aware and responsible members of the family and community; and
– (f) Significant growth in self-esteem, self-discipline and self-fulfillment;
• Provided, that, the probationers involved have already served one-third
(1/3) of the imposed period of probation; and provided further, that, in no
case shall the actual supervision period be less than six (6) months.
PAROLE AND PROBATION ADMINISTRATION:

• The PPA was created pursuant to


Presidential Decree (P.D.) No. 968,
as amended, to administer the
probation system
• Under Executive Order No. 29221,
the Probation Administration was
renamed as the “Parole and
Probation Administration
BOARD OF PARDON AND PAROLE:

• Created pursuant to Act No. 4103


• It is the intent of the law to uplift
and redeem valuable human
material to economic usefulness
and to prevent unnecessary and
excessive deprivation of personal
liberty.
Composition of the BPP
• Sec. 3. There is hereby created a Board of Pardons and Parole to
be composed of the
– Secretary of Justice who shall be its Chairman,
– and four members to be appointed by the President, with the
consent of the Commission on Appointments who shall hold
office for a term of six years: Provided, That one member of the
board shall be;
• a trained sociologist,
• one a clergyman or educator,
• one psychiatrist unless a trained psychiatrist be employed by
the board,
• and the other members shall be persons qualified for such
work by training and experience.
(Note: At least one member of the board shall be a woman.)
• Functions:
– To grant parole to qualified prisoners;
– to recommend to the President the grant
of pardon and other forms of executive
clemency;
– to authorize the transfer of residence of
parolees and pardonees, order their
arrest and recommitment, or grant their
final release and discharge.
• BPP may grant parole if it finds that:
– the prisoner is fit to be released;
– there is a reasonable probability that, if
released, he or she will live and remain
at liberty without violating the law; and
– his or her release will not be
incompatible with the welfare of society.
WHAT IS PAROLE?
• It is the release of a prisoner
from prison after serving the
minimum period of his
indeterminate sentence.
• WHO CANNOT BE GRANTED
PAROLE?
• Generally, those sentenced to a
term of imprisonment of one (1)
year or less, or to a straight
penalty, or to a prison sentence
without a minimum term of
imprisonment.
WHO MAY GRANT PAROLE
TO A PRISONER?
• The Board of Pardons and
Parole, an agency under the
Department of Justice.
WHEN MAY A PRISONER BE GRANTED
PAROLE?
• Whenever the Board of Pardons and Parole
finds that there is a reasonable probability that, if
released, the prisoner will be law-abiding and
that his release will not be incompatible with the
interest and welfare of society and when a
prisoner has already served the minimum
penalty of his/her indeterminate sentence of
imprisonment.
• WHAT HAPPENS IF A
PAROLEE VIOLATES THE
CONDITIONS OF HIS PAROLE?
• He shall be rearrested and
recommitted or returned to prison
to serve the unexpired portion of
the maximum period of his
sentence
WHAT IS EXECUTIVE
CLEMENCY?
• It refers to the Commutation of
Sentence, Conditional Pardon
and Absolute Pardon as maybe
granted by the President upon
recommendation of the Board.
• Executive clemencies:
–Pardon
–Amnesty
–Reprieve
–Commutation of sentence
WHO MAY FILE A PETITION FOR
CONDITIONAL PARDON?
• A prisoner who has served at
least one-half (1/2) of the
maximum of the original
indeterminate and/or definite
prison term.
WHO MAY FILE A PETITION FOR COMMUTATION OF
SENTENCE?

The Board may review the petition of a prisoner for commutation of


sentence if he/she meets the following minimum requirements:
• a. At least one half (1/2) of the minimum of his indeterminate and/or
definite prison term or the aggregate minimum of his determinate
and/or prison terms;
• b. At least ten (10) years for prisoners sentenced to one (1)
reclusion perpetua or one (1) life imprisonment, for crimes/offenses
not punishable under Republic Act 7659 and other special laws;
• c. At least twelve (12) years, for prisoners whose sentences were
adjusted to forty (40) years in accordance with the provisions of
Article 70 of the Revised Penal Code, as amended;
• d. At least fifteen (15) years for prisoners convicted of
heinous crimes as defined in Republic Act 7659
committed on or after January 1, 1994 and sentenced to
one (1) reclusion perpetua or one (1) life imprisonment;
• e. At least seventeen (17) years for prisoners sentenced
to two (2) or more reclusion perpetua or life
imprisonment even if their sentences were adjusted to
forty (40) years in accordance with the provision of
Article 70 of the Revised Penal Code, as amended;
• f. At least twenty (20) years, for those sentenced to
death which was automatically commuted or reduced to
reclusion perpetua.
WHO MAY FILE A PETITION FOR
ABSOLUTE PARDON?
• One may file a petition for
absolute pardon if he had served
his maximum sentence or granted
final release and discharge or
court termination of probation.
IS A PRISONER WHO IS RELEASED ON
PAROLE OR CONDITIONAL PARDON
WITH PAROLE CONDITIONS PLACED
UNDER SUPERVISION?

• Yes, the prisoner is placed under the


supervision of a Probation and Parole
Officer.
• The BPP recommends to the President the
grant of executive clemency when any of the
following circumstances are present:
– under the peculiar circumstances of the case, the penalty
imposed is too harsh compared to the crime committed;
– offender qualifies as a youth offender at the time of the
commission of the offence;
– prisoner is seventy years old and above;
– prisoner is terminally-ill;
– alien prisoners where diplomatic considerations and amity
among nations necessitate review; and
– other similar or analogous circumstances whenever the interest
of justice will be served thereby.
When Applications for Executive Clemency will not be
Favorably Acted Upon?

– convicted of evasion of service of sentence;


– who violated the conditions of their conditional
pardon;
– who are habitual delinquents or recidivists;
– convicted of kidnapping for ransom;
– convicted of violation of the Dangerous Drugs Act of
1972 and the Comprehensive Dangerous Drugs Act
of 2002;
– convicted of offences committed under the influence
of drugs an;
– whose release from prison may constitute a danger to
society.
• Punishment – The redress that the state takes against an offending
member of the society that usually involves pain and suffering.
• Penalty – It refers to the consequences that follow the transgression
of laws. The judicial punishment for crime or violation of laws.
• Imprisonment – It is the state or condition of being constrained,
restrained or incarcerated in room or a building. It is actually a form
of conventional punishment of criminal offenders.
• Prison – It is penitentiary, an institution for the confinement of
persons convicted of major/heinous crimes.
• Prisoner – A person who is under the custody of a lawful authority.
A person who by reason of his criminal sentence or by a decision
issued by a court, may be deprived of his liberty or freedom.

Any person detained/confined in jail or prison for the commission of


a criminal offense or convicted and serving in a penal institution
Classification of Prisoners
• Detention Prisoners – those detained for
investigation, preliminary hearing or awaiting trial.

• Sentenced Prisoners – Offenders who are


committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.

• Prisoners on Safekeeping – includes non criminal


offenders who are detained in order to protect the
community against their harmful behavior.
Classification of Sentence Prisoners

• Insular or National Prisoners – Those sentence to suffer a term of


sentence of 3 years and 1 day to life imprisonment.

• Provincial Prisoners – Those sentence to suffer a term of


imprisonment from 6 months and 1 day to 3 years or a fine of not
more that 1,000 pesos or both; those detained therein waiting for
preliminary investigation of their cases cognizable by the RTC.

• City Prisoner – 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 cognizable by the RTC and
under preliminary investigation.

• Municipal Prisoners – Those confined in municipal jails to serve an


imprisonment from 1 day to 6 months.Who is detained therein
whose trials of their cases are pending with the MTC.
Jail

A place for locking-up of persons


who are convicted of minor
offenses imposed upon them by a
competent court, or for confinement
of persons who are awaiting trial or
investigation of their cases.
Types of Jails
• Lock-up Jails – is a security facility, common to police
stations used for temporary confinement of an individual
held for investigation.

• Ordinary Jails – is the type of jail commonly used to


detain a convicted criminal offender to serve sentence
less than three years.

• Workhouse, Jail Farms or Camp – A facility that


houses minimum custody offenders who are serving
short sentences or those who are undergoing
constructive work programs.
Lock-up Jails
Ordinary Jails
Workhouse, Jail Farms or Camp
Release
The stage wherein the convict
after serving his sentence or period
of probation or parole is finally
granted the right of a freeman by
restoring his entire constitutional
and civil rights taken from him as a
result of the commission of crime.
5th Pillar
THE COMMUNITY
COMMUNITY
• The community is considered as the most
important pillar of the Philippine Criminal Justice
System. It is the central institution of crime
prevention, the stage on which all other pillars of
criminal justice system perform. Law
Enforcement, the Prosecution, the Court and
Correction, must all confront the consequences
of community life. Much of the success or failure
of these other pillars oc riminal justice system is
affected by the community in which they operate.
• Each of the pillars of the Criminal Justice
System may be as important as the other. But,
the commuty’s support in crime prevention,
apprehension of criminals, prosecution, Judicial
process and rehabilitation is vital. The
paticipation of the community, as one of the five
pillars of Criminal Justice System is crucial. The
police would have a hard time of solving a
shooting incident if there are no witnesses who
would come out to and give a lead, if not identify
the culprit.
• The same is true in the
prosecution of the criminal case.
With regard to the rehabilitation
aspect, time and again, the
community’s acceptance of the
offender after service of sentence,
or otherwisr, is very critical and
essential.
• The Importance of
Community in Relation
with the other
Components of
Criminal Justice
System
Law Enforcement and the Community
• The ability of our law enforcers to prevent
and solve crimes depends heavily on the
support and the willingness of the
community to report presence of bad
elements in the locality and commission of
crimes.
• Partnership of the law enforcers and the
community is a vital tool in crime
prevention. It will greatly reduce
neighborhood crime and recduction of
crime in the community.
• The collaborative efforts of law enforcers
and the community will enhance the
quality of life in the community. To
accomplish these, law enforcement
agencies must have an intimate
knowledge of the community. Officers of
the law must speak to the community,
participate in business and civic activities
and must even take part in school
programs and activities for school children.
Prosecution, Court and the Community

• The bounden duty of the prosecution to porve


the culpability of the accused heavily lies on the
evidence presented in court against the accused.
The accused may not present evidence at all if
the evidence against him is weak because he is
presumed innocent until proven otherwise. The
court, likewise, cannot rensder a judgment of
conviction unless there is proof beyond
reasonable doubt that, indeed, the accused is
guilty of the crime charged against him.
• The unwillingness of a witness, who is a
member of the community, to come out to
open to testify regarding the commission
of the crime he saw and observed is fatal
to the prosetion and the court has no other
choice but to order acquittal of the
accused, unless there are other
compelling physical evidence linking the
accused to the offense charged.
Corrections and Community
• Our Penal Institution is no loger
considered as jails and cages designed to
avenge the wrong done by criminals. They
are considered as asylum and
rehabilitation center. This is the reason
why they are called “Correctional
Institutions”. Lots of programs are
introduced inside corrections with a view
of rehabilitating the offender and be ready
to a new life upon release.
• However, all the trainings and other
informal education learned inside the
“Correctional Institutions” are futile and
useless without the cooperaion of the
community. Ex-convicts find it hard to
mingle with community upon release.
Employers are scared of hiring them
because of their criminal past. If this
happens, the five pillars of criminal justice
system are inutile and useless.
• The community, therefore, must do its part.
They must welcome back the individuals
released from the penal intitutions and
consider them as reformed and, once
again, members of the community.
• It is for this reason that the community is
the most vital among the five pillar of
criminal justice system.
Community

The Community refers to the


civilian populace in , municipalities or
public in general, and can be use
interchangeably with public, citizenry,
society, or private sector.
What makes the
Community as a Pillar?
• 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.
• 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’s behavior using all available
scientific means and devices in an attempt to provide each the kind and amount of
education they need.
• 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 and properties. The church generates a strong will of the people to
oppose crime and delinquency.
• 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.
• Non-Government Organization – NGO’s 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.
Two (2) Fold Roles of the Community as a Pillar of CJS

• To participate in Law Enforcement


Activities.
• To participate in the promotion of
Peace and Order

You might also like