Professional Documents
Culture Documents
Crime – is an act or omission punishable by law, forbidding or commanding it. (Reyes, 2008)
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.
Take note:
There is deceit (dolo) when the act is performed with deliberate intent, and
There is fault (Culpa) when the wrongful act results from imprudence, negligence, lack of
foresight, or lack of skill. (Art 3 of the Revised Penal Code)
Criminal Justice System – The 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 corrections
personnel, as well as those of the mobilized community in crime prevention and control.
Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
Justice – is the act of rendering what is due and treating persons equally.
System – is a combination of related elements organized into a complex whole. It may also refer to the
process to be followed.
Law Enforcement/Police
It is considered as the prime mover of the Criminal Justice System.
The agency of the community or government that is responsible for enforcing the law,
maintaining public order, and preventing and detecting crime.
It initiates the Criminal Justice System by the arrest of the offenders.
Law enforcement is a deterrent and preventive activity.
In prevention of crime, the law enforcement is strengthening the resistance and weakening the
desire of a person in committing a crime. In repression/suppression of crime, on the other hand,
the law enforcement is reducing the opportunity of a person in committing a crime, like the act
of conducting patrol.
ARREST
Arrest – is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
The rules to be considered in conducting arrest:
1. No violence or unnecessary force shall be used in making an arrest;
2. The person arrested shall not be subject to a greater restraint than that necessary for his
detention;
3. It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to
the nearest police station or jail without unnecessary delay;
4. The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for execution shall make a report
to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state
the reason therefore;
5. An arrest may be made on any day and at any time of the day or night. (Secs 1, 2, 3, 4 & 6, Rule
113 of the Rules of Court)
Warrant of Arrest – is an order in writing issued in the name of People of the Philippines, signed by the
judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and
deliver them before the court.
WARRANTLESS ARREST
A peace officer or a private person may, without a warrant , arrest a person:
a. When, in his presence the person to be arrested has committed, is actually committing or is
attempting to commit an offense (Paragraph 1 of Rule 113, Sec. 5 Rules of Court)
b. When an offense has in fact just been committed and he has personal knowledge of facts
indicating that the person to be arrested had committed it (Paragraph 2 of Rule 113, Sec. 5Rules
of Court)
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending or has
escaped while being transferred from one confinement to another (Paragraph 3 of Rule113, Sec.
5 Rules of Court)
SEARCH WARRANT
Search Warrant is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal property described
therein and bring it before the court. (Sec 1, Rule 126 of the Rules of Court)
General Rule: A warrant is needed before search. Validity of warrant is 10 days from its date.
Consented Search
The person is willing to submit himself for search despite of no warrant presented. It was clear
that no intimidation or threat was made to let the arrested person be subjected to search.
Search made by security guards in establishment are legal even in the absence of search warrant
for they are enforcing the security of persons and property.
Search Custom
The Bureau of Customs is authorized by law to conduct search and seizure on all contrabands.
Since the Bureau of Customs is enforcing Tariff and Custom Laws, no need for them to acquire
search warrant.
CUSTODIAL INVESTIGATION
Custodial Investigation – is any questioning initiated by law enforcement officers after aperson has been
taken into custody of otherwise deprived of his freedom of action in any significant way.
PROSECUTION PILLAR
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 government’s position in criminal cases and evaluating pieces of evidence presented by
the law enforcement pillar.
History Of Prosecution
The origin of the office of the prosecutor is found hundreds of years ago in the jurisprudential
development and the common law of England.
The general term "attornatus" was used in England official documents in the Middle Ages to
mean anyone who appeared for another as a pleader, attorney, or essoiner.
The earliest laws of England defined crimes as being committed against a particular individual,
not against the state. The original prosecutor was a victim or an individual representing a victim
who stepped forward personally to initiate the prosecution of the alleged offender.
Originally all crimes were torts; thus, in early common law, any injury, whether to person or
property, was a tort. (A tort today is an injury to an individual that is not an offense against the
state). Later, the injury was considered an offense against the state.
During the reign of Edward IV (1461-1483), William Husse was appointed attorney general of
England. Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead
provided a system of “sergeants”, who were required to act as police prosecutors and to
enforce penal statutes. These sergeants were later to become well trained in the law.
Prosecutor – is a public officer having an authority to conduct legal actions concerning the complaint at
his office and perform other prosecution functions as provided by law.
If a person is arrested, what is the purpose of delivering him to the nearest police station or jail and
detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained for him to face
the case that is already filed against him or to serve his sentence if he is already convicted.
However, if the arrest is without warrant, he must be detained to undergo an inquest
proceeding or preliminary investigation.
Inquest proceeding – is a proceeding done by the inquest prosecutor to determine the validity
of the arrest. This is very summary in nature which may be done by an informal interview with
the arresting officer and/or the arrested person.
Preliminary investigation – is an inquiry held for the purpose of ascertaining whether or not probable
cause is present.
Probable Cause – is the existence of sufficient ground to engender a well-founded belief that a crime
has been committed; and the respondent is probably guilty thereof.
D. Clarification
Within 10 days from filing counter-affidavit, the investigating officer may set a date for hearing if
there are facts and issues to be clarified from a party or a witness.
Take Note: Clarification shall be terminated within 5 days.
E. Issuance of resolution
Within 10 days from the termination of investigation or clarification. After investigation, the
investigating officer shall either:
1. Prepare a resolution and information
2. Recommend the dismissal of the complaint
Complaint – is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated (Sec 3,
Rule 110 of the Rules of Court).
COURT PILLAR
Court – is a body to which the public administration of justice is delegated, being a tribunal officially
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.
Judge –is an officer so named in his commission who presides in some court; a public officer, appointed
to preside to and administer the law in a court of justice.
If the case is filed in court, what shall be the first issue that must be resolved?
If a case is filed, the first issue that a court must resolve is whether it has jurisdiction over the
case.
If the court has jurisdiction, it shall hear the case; otherwise, the only power it has is to dismiss
the case.
Jurisdiction - is the power and authority to hear, try, and decide a case.
KINDS OF JURISDICTION:
1. Original jurisdiction - is the power and authority to hear, try and decide cases brought in the
court, body, or tribunal for the first time.
2. Appellate jurisdiction - is the power and authority to hear, try and decide cases previously
heard by a lower court, body, or tribunal.
3. Exclusive jurisdiction - is the power and authority to hear, try and decide cases to the exclusion
of other courts, body, or tribunal. An example of this is the Municipal Trial Courts have exclusive
jurisdiction over cases punishable by light penalty.
4. Concurrent jurisdiction - is the power and authority to hear, try and decide cases that may be
brought to two or more courts, body, or tribunal.
Illustration of Concurrent Jurisdiction
An administrative case against a policeman may be filed in People’s Law Enforcement Board
(PLEB), Internal Affairs Service (IAS), National Police Commission (NAPOLCOM), Commission
on Human Rights (CHR), among others. This means that PLEB, IAS, NAPOLCOM, CHR have
concurrent jurisdiction over administrative cases against a policeman.
5. General jurisdiction - is the power and authority to decide all cases which may come before it
except those assigned to other courts, body, or tribunal. Example of this is the RTC have
jurisdiction over cases not assigned to any other court, body or tribunal.
6. Limited jurisdiction - is the power and authority to hear and determine only cases specified by
law to be within its jurisdiction. Example of this is the MTC have jurisdiction only to cases
expressly specified by the law.
Court Proceedings:
1. Arraignment
2. Pre-trial
3. Trial
4. Judgment
5. Appeal
Arraignment - is that stage in the criminal prosecution which consists of the reading to the accused in
open court of the complaint or information charging him with an offense and furnishing him a copy
thereof, including lists of witnesses and asking him whether he pleads guilty or not as charged.
HOW SHALL THE COURT ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED?
The court shall acquire jurisdiction over the person of the accused upon his arrest.
TAKE NOTE: Exculpatory evidence is that which is presented by the accused to set him free.
IS THERE A NEED FOR THE ACCUSED AND THE OFFENDED PARTY TO BE PRESENT DURING
ARRAIGNMENT?
On the part of the accused, he must be present to hear the charge against him and personally
enter his plea.
On the part of the private offended party, there is no need for him to be present but he shall be
present only for the following purpose:
1. Plea bargaining;
2. Determination of civil liability; and
3. Other matters require his appearance.
AFTER THE ACCUSED PLEADS GUILTY, MAY THE COURT IMMEDIATELY IMPOSE A PENALTY?
No. When the accused pleads guilty to a capital offense, the court shall conduct a searching
inquiry into the voluntariness and full comprehension of the consequences of his plea and shall
require the prosecution to prove the guilt in the precise degree of culpability.
Bail - is a security given for the release of a person in custody of law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions specified by law. (Sec 1,
Rule 114 of the Rules of Court)
FORMS OF BAIL
Corporate surety;
Property bond;
Cash deposit;
Recognizance - is the release of the defendant on the custody of a responsible member of the
community who shall guarantee his appearance whenever required by the court.
WHAT ARE THE DISTINCTIONS AMONG CRIMINAL, CIVIL, AND ADMINISTRATIVE CASES?
1. In accordance where these cases are filed;
Criminal and civil cases are filed in courts and administrative cases are filed in quasi-
judicial bodies.
TAKE NOTE:
Proof beyond reasonable doubt is a degree of proof which produces conviction in an
unprejudiced mind.
Preponderance of evidence means that the testimony adduced by one side is more
credible and conclusive than the other.
Substantial evidence is the relevant evidence which a reasonable mind might accept as
adequate to support a conclusion.
Pre-Trial - is 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 a pre –
trial conference, without impairing the rights of the accused.
Considerations in Pre-Trial:
Plea bargaining;
Stipulation of facts;
Marking for identification of evidence of the parties;
Waiver of objections to admissibility of evidence;
Modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
Such matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.
Trial - is the formal investigation of matter in issue with respect to the action before a competent court
for the purpose of determining such issue that involves the guilt or innocence of the accused.
Order of trial:
1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil
liability;
2. The accused may present evidence to prove his defense and damages, if any, arising, from the
issuance of a provisional remedy in the case;
3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present additional evidence bearing
upon the main issue;
4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision
unless the court directs them to argue orally or to submit written memoranda;
TAKE NOTE: When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
Judgment - is adjudication by the court that the accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil liability, if any.
It must be written in the official language,
Personally, and directly prepared and signed by the judge.
Must contain legal bases of decision
Appeal - is a resort to a superior court to review the decision of an inferior court or administrative
agency. Elevation of the decision of the lower court to the higher court for the purposes of review.
CORRECTION PILLAR
Correction - A branch of the Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders.
Penology - is the study of punishment for crime or of criminal offenders. It includes the study of control
and prevention of crime through punishment of criminal offenders.
Classification of Correction:
Institutional Correction – deals with jails, prisons, and colonies where a convict is going to serve
his sentence.
Non – institutional Correction – deals with service of sentence of a convict outside an
institution. It is also known as a community-based treatment.
Theories in Correction:
Classical theory - it maintains the “doctrine of psychological hedonism” or “free will”. That the individual
calculates pleasures and pains in advance of action and regulates his conduct by the result of his
calculations.
Neo-Classical theory - it maintained that while the classical doctrine is correct in general, it should be
modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from
pain, they should not be regarded as criminals; hence they should be free from punishment.
Positivist theory - the theory that denied individual responsibility and reflected non-punitive reactions
to crime and criminality. It adheres that crimes, as any other act, is natural phenomenon. Criminals are
considered as sick individuals who need to be treated treatment programs rather than punitive action
against them.
Punishment - It is the redress that the state takes against an offending member of society that
usually involved pain and suffering. It is also the penalty imposed on an offender for a crime or
wrong doing.
Jail - A place for locking-up of persons who are convicted of minor offenses or felonieswho are to serve a
short sentence imposed upon by a competent court, or for confinement of persons who are awaiting
trial or investigation of their cases.
Prison - A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major
or serious crimes.
1. Detention Prisoners - Those detained for investigation, preliminary hearing, or awaiting trial.
2. Sentenced Prisoners - Offenders who are committed to jail or prison in order to serve their
sentence after final conviction by a competent court.
3. Prisoners who are on Safekeeping - Includes non-criminal offenders who are detained in order
to protect the community against their harmful behavior. Example: Mentally derange
individuals, insane person.
3. Penal Colonies
Sablayan Colony and Farm (San Jose Occidental Mindoro) - Established on September
26, 1954 by virtue of Presidential Proclamation No. 72 has a total land area of
approximately 16,190 hectares.
Iwahig Penal Colony and Farm (Palawan) - Establishment on November 16, 1904.
Considered as the “Prison without Walls” in the world.
4 Sub-Colonies:
a. Central sub-colony with an area of 14,700 hectares;
b. Sta. Lucia with 9,685 hectares;
c. Montible with 8,000 hectares;
d. Inagawan with 13,000 hectares.
Davao Penal Colony and Farm (Central Davao) - first penal settlement founded and
organized under Filipino administration. It was formally established on January 21,
1932 by virtue of Act No. 3732. Its main product is Abaca.
San Ramon Penal Colony and Farm - was established in southern Zamboanga on August
21,1870 through a royal decree promulgated in 1869. The facility was originally
established for persons convicted of political crimes. Considered the oldest penal facility
in the country.
Leyte Regional Prison (Abuyog, Southern Leyte) - established on January 16, 1973 a
year after the declaration of martial law in 1972 by virtue of Presidential Decree No. 28.
Youngest penal colony to be established
Probation - is a disposition under which a defendant, after conviction and sentence, is released subject
to conditions imposed by the court and under the supervision of a probation officer.
Presidential Decree 968 - otherwise known as the “Philippine Probation Law” was approved July 24,
1976 and took effect on January 3, 1978. Section 18 PD 968 as amended states thecreation of the
Probation Administration under the DOJ, which shall exercise general supervision over all probationers.
Advantages Of Probation:
The convicted criminal offender can continue to work in his place of employment;
It prevents the tendency of broken homes;
It relieves prison congestion.
Pardon - is an executive clemency granted by the President/Chief Executive. It may also be defined as an
act of grace proceeding from the power entrusted with the President which exempts the individual on
whom it is bestowed, from punishment the law inflicts for a crime he has committed.
2 Kinds of Pardon:
1. Conditional Pardon - a pardon given with requirements attached.
2. Absolute Pardon - a pardon given without any condition attached
Parole - is the suspension of sentence of a convict after having served the minimum of the sentence
imposed without granting pardon, prescribing the terms of the suspension.
The distinctions between Conditional Pardon and Parole are the following:
In conditional pardon, the accused need not serve his minimum sentence, while in parole, the
minimum sentence must be served; and
In conditional pardon, the granting authority is the President, while in parole, the granting
authority is the Board of Pardon and Parole.
Good Conduct Time Allowance - is the reduction of period of imprisonment if the convict shows good
behavior.
RA 10592
PERIOD OF IMPRISONMENT REDUCTION
1-2 years 20 days per month
3-5 years 23 days per month
6-10 years 25 days per month
11 years and above 30 days per month
TAKE NOTE: At any time when his services include teaching, study or mentoring, additional 15 days off.
Appeals made by prisoner do not disturb entitlement of good conduct allowance.
Community - refer to a society or body of people living in the same place, under the same laws and
regulations which have common rights, privileges, or interests. However, the term community, when
applied to the Criminal Justice System, is not limited to persons. It includes the homes, family,
government, schools, churches, etc. It is the fifth pillar and known as the core of the Criminal Justice
System.
What are the duties of the community to insure the full enjoyment of the right of every child to live in
a society?
a. Bring about a healthy environment necessary to the normal growth of children and the
enhancement of their physical, mental, and spiritual well-being.
b. Help institutions of learning, whether public or private, achieve the fundamental objectives of
education.
c. Organize or encourage movements and activities, for the furtherance of the interests of children
and youth.
d. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and
other recreational facilities.
e. Support parent education programs by encouraging its members to attend and actively
participate therein.
f. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward
children.
g. Aid in carrying out special projects for the betterment of children in the remote areas or
belonging to cultural minorities or those who are out of school.
h. Cooperate with private and public child welfare agencies in providing care, training, and
protection to destitute, abandoned, neglected, abused, handicapped and disturbed children.
The contribution of the community in reforming convicts released from jails and prisons, including
those who are community-based-treatment:
a. The community must overcome apathy towards prisoners and not to consider ex- prisoners as
public enemies. Said members must be treated as members of the society.
b. It must work hand-in-hand with the correctional institutions in order to succeed in their mission
of placing the offender back in their normal social being.
c. Clearance papers from the offices of Police, Mayor, the court and the fiscal should not be made
an employment requisite of an ex-prisoner who wishes to land a job.
d. An association should be formed that would cordially welcome individuals from the prisons
walls and appraise them of their importance in society.
Home - is the “cradle of human personality.” It is a haven of peace and refuge and where the
fundamental values of courage, honesty, and integrity are taught and encouraged. It is also where
children are brought up with the strength to make a difference and make the change they seek in this
world.
Marriage - is special contract of permanent union between a man and woman entered into in
accordance with law for the establishment of conjugal and family life. It is the foundation of the family
and an inviolable social institution whose nature, consequences and incidents are governed by law and it
is not subject to stipulation, except that marriage settlements may fix the property relations during
marriage within the limits provided by law.
TAKE NOTE: Any defect or absence of the essential requisites of marriage shall render the marriage
VOID AB INITIO (void from the beginning). Any defect or absence of the formal requisites of marriage
shall not affect the validity of marriage but the party or parties responsible for the irregularity shall be
civilly, criminally, and administratively liable.
a. The school should plan an adequate school program that fits the needs of all school children and
results in their wholesome growth and development.
b. The school should identify those children who show signs of being susceptible to delinquent
patterns of behavior and take the proper preventive or remedial measures to insure better
adjustment.
c. The school should work closely with parents and neighborhood leaders to assist them in
developing a better understanding of the individual child and to help them remove
neighborhood influence that is inimical to children’s welfare.
d. The school should cooperate with all other community agencies and organizations such as
churches, social welfare and development, juvenile control of every police station and other
similar entities in a coordinated plan to meet the needs of the child in the most effective and
constructive way.
Government - is the organization, or agency through which a political unit exercises its authority,
controls, and administers public policy, and directs and controls the actions of its members or subjects.
Barangay - the basic political unit; serves as the primary planning and implementing unit of government
policies, plans, programs, projects, and activities in the community (Sec 384 of the Local Government
Code)
General Rule: All disputes are subject to barangay conciliation and prior recourse thereto is a pre –
condition before filing a complaint in court or any government offices.
Exemptions:
Cases Covered:
Unlawful use of means of publication and utterances (Art. 154)
Alarms and scandal (Art. 155)
Using false certificates (Art.175)
Using fictitious names and concealing true names (Art.178)
Illegal use of uniforms and insignias (Art. 179)
Physical injuries inflicted in a tumultuous affray (Art. 252)
Giving assistance to consummated suicide(Art. 253)
Responsibility of participants in a duel if only physical injuries are inflicted or no physical injuries
have been inflicted (Art. 260)
Less serious physical injuries (Art. 265)
Slight physical injuries and maltreatment (Art. 266)
TAKE NOTE: The respondent must raise the question of improper venue in the mediation proceedings
before the Punong Barangay; otherwise, the same shall be deemed waived.
TAKE NOTE: Certification to File Action - It means the Lupon Secretary and attested by the Lupon
Chairman, certifying that a confrontation of the parties has taken place and that a conciliation or
settlement has been subsequently rejected.