Notes in

CRIMINAL JUSTICE SYSTEM

I. INTRODUCTION:

In every country, the rising criminality and juvenile delinquency is one of their priorities
because it hampers their socio-economic advancement. Tradio, in his book, Criminal Justice
System, stated:

“In any form of government, the yardstick of economic efficiency is the presence
of peace and order in the community and tranquility among the members of
society. For without peace and order, there can be no economic stability in the
country.”1

In a democratic society like ours, the anti-crime machinery for the prevention and
control of crime and juvenile delinquency is the Criminal Justice System. This Criminal Justice
System (CJS) is wielded in an arena whose boundaries and “rules of warfare” are delineated
and prescribed by legal parameters. Being part of the CJS and bound by said legal parameters,
it is equally imperative for us to explore and familiarize ourselves with its structure or set-up.

II. CONCEPT OF THE CRIMINAL JUSTICE SYSTEM

A. Criminal - one who has committed an offense punishable by law; implying crime or
heinous wickedness.

A person can be branded as a criminal under the following circumstances:

1. He must have committed a crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must have been
arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the court by
the prosecutor for trial.
5. There was arraignment.
6. There was a trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was confined in prison.
10. The convict has fully served his sentence in prison.

B. Justice - adherence to truth or fact; impartiality; the rendering of what is due or merited.
 it consists of ordering human relations in accordance with general principles impartially
applied (Ginsberg).
 it is accomplished by justice agents (police) who are flexible. Therefore, not everyone is
treated alike, and what is just depends upon the circumstances of an act.

*** “A just punishment for a crime depends upon variables associated with the act, not
only with the crime itself”.

JUSTICE according to the Supreme Court (SC) of the Philippines is symbolically

represented by a blindfolded woman, holding with one hand a sword and with the other, a
balance, meaning thereby that it is administered without respect to persons, equally to the poor
and the rich.
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 MORTIMER J. ADLER’S Two Precepts of Justice:
1. render to each his due; and
2. treat equals equally and unequals unequally but in proportion to their inequality.

C. System - orderly combination or arrangement, as of parts or elements, into a

whole; specifically, such combination according to some rational principle; any
methodical arrangement of parts.

CJS as a system can be the organization, administration and operation of criminal

justice, in that all the components involved with the prevention, control and reduction of
crime and delinquency are conscious of each responsibility.

Theoretically, CJS is an integrated apparatus that is concerned with the prevention,

prosecution, conviction, sentencing, and correcting of criminals.

Conceptually, the American context of CJS is the process of linking its three
components of the police, court and correction.

a) THE POLICE - one who initiates the criminal justice process by the arrest of
the criminal.
b) THE COURT - one that conducts the trial and imposes the penalty if found guilty.
c) THE CORRECTION - where the criminal is remanded to prison not as a form of
punishment but for correction and rehabilitation.

In the Philippine setting, the CJS is broadened and anchored into the so-called “Five
Pillars” representing the police (law enforcement), prosecution, court, correction and community.

The five pillars of the CJS are by no means independent of each other. What each one
does and how it does has direct effect on the work of others. Hence, in or.der to attain and
meet the goals or objectives of the system, each pillar must function efficiently because the
failure of one means the failure of the entire system.

By definition, the CJS in the Philippine setting is the process of linking those five pillars
together so as to achieve an interrelated scheme of reciprocal responsibilities in its approach to
community involvement. It reveals that each component has a distinct, sequential role to
perform within the system (Isaias Alma Jose).

In summary, CJS is the institution charge with direct responsibility for the prevention
and control of crime. Specifically, CJS has been defined as the enforcement, prosecution,
adjudication, punishment and rehabilitation functions.

PURPOSE OF THE CRIMINAL JUSTICE SYSTEM

 To process those who have been accused of criminal activities.

Process - A series of steps, actions or operations used to bring about a desired result.

FUNCTIONAL COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM (PROCESS)

1. The police are responsible for gathering evidence and arresting the suspected law violator.
2. The prosecutor is responsible for evaluating the evidence the police have gathered
and deciding whether it is sufficient to warrant filing charges against the alleged
violator.
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 3. The defense attorney, whether privately retained or provided by the government
is responsible for defending the accused.
4. The judge during trial is an arbitrator in court who ensures that the defense and
prosecution adhere to the legal requirements of introducing evidence and
examining and cross-examining witnesses.
5. The judge at the end of the trial renders the decision.
6. The probation officer conducts post-sentence investigations and supervises
convicted defendants placed under probation.
7. Post-sentence investigation = an investigation conducted by the probation officer
after conviction to determine the qualifications of the convicted offender for
probation.
8. Probation = a privilege granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually placed in prison.
9. The prison system receives the defendant if convicted and sentenced and keeps
them until parole is granted or have completed their sentences.
10. Finally, the parole department assists released prisoners in their return to the community.

TWO ASPECTS OF THE CRIMINAL JUSTICE SYSTEM

1. FORMAL JUSTICE SYSTEM = is the traditional series of agencies that have been given
the formal responsibility to control crime. It is an overt system, everyday in operation,
customary understood and referred to in crime and delinquency literature.

CHARACTERISTICS OF FORMAL JUSTICE SYSTEM

a) CRIME CONTROL = implies dedication to maintain public order and to counter the
threat of active criminals.
b) REACTIVE THEORIES = the tactics of punishment, suppression, and
compulsory confinement.
c) ORGANIZATION OF WORK = this refers to bureaucratic scheme.
d) MONOLITIC CRIMINAL JUSTICE SYSTEM = appears to stand separate from the
community it serves.

2. LARGER CRIMINAL JUSTICE SYSTEM = these are agencies and persons that deals with
issues related to crime prevention, thus the traditional pillars of the criminal justice
system.

CHARACTERISTICS OF LARGER JUSTICE SYSTEM

a) The fuller recognition that the criminal justice administration is a part of social
control functions of the entire constitutional framework of the community.
b) The supreme goal is no longer just crime control but rather maximum law
observance.
c) The recognition of nature and functioning of the particular community being
served are of paramount importance for efficient criminal justice administration.
d) Full awareness of the limits of legitimate coercion.

OBJECTIVES, GOALS VISIONS AND MISSIONS OF CJS

The main objective of the system is justice for all and elimination of crime from our
society.
According to ROBERT D. PURSELY, in a free society, the primary goal of CJS is to protect
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the members of that society. It is a formal “instrumentality authorized by the people of a nation
to protect both their collective and individual well-being.”

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 Another major goal is the maintenance of order. In addition, within these two goals,
there are number of important sub-goals:
1. prevention of crimes;
2. suppression of criminal conduct by apprehending offenders when prevention
is ineffective;
3. review of the legality of the preventive and suppressive measures;
4. judicial determination of the guilt or innocence of those apprehended;
5. proper disposition of those who have legally found guilty; and
6. correction by socially approved means of the behavior of those who violate
the criminal law.

The CJS VISON is for a safe, peaceful, and progressive Philippines through partnership and
shared responsibility in attaining peace and order.

Law Enforcement- Well-coordinated, professional, dynamic and highly motivated law

enforcers in partnership with the community for a safe, peaceful and progressive Philippines.

Prosecution - A maximized prosecutorial capability to reduce criminality for a peaceful and

progressive Philippine society.

Courts - A court system which is truly independent, just and speedy to the end that no
innocent person is convicted and no guilty man is acquitted.

Corrections - A correctional system that is modern, humane, responsive and integrated.

Community - A united proactive community working for peace and order in partnership with
the other pillars of the criminal justice system.

The CJS MISSION is to promote peace and order through active community involvement
and fair and dispensation of justice.

Law Enforcement - To enforce the law, prevent and control crime, maintain peace
and order, and ensure public safety and internal security with the active participation of the
community.

Prosecution - To provide a highly professionalize, properly motivated and people-

oriented prosecution service to conduct preliminary of complaints and prosecute criminal
actions to ensure fair, speedy and inexpensive prosecution of cases.

Courts - To promote respect for and obedience to the Rule of Law through proper and
efficient administration of justice.

Correction - To rehabilitate and reintegrate offenders into the mainstream of society and
uphold their human rights and dignity through speedy legal and administrative processes and
provision of scientific and spiritual programs.

Community - To mobilize key sectors of the community in an integrated plan of action to

combat crime and promote peace, order and justice.

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COMMON STRATEGIES of the CRIMINAL JUSTICE SYSTEM
1. Information dissemination on the CJS concept.
2. Integration of the Moral Recovery Program (MRP) in all CJS undertakings.
3. Strengthening of linkages between and among the five pillars of the CJS and the general
public.
4. Upgrading professionalization among CJS personnel.
5. Institutionalization of awards and rewards system.
6. Promotion of responsible media reporting.
7. Provision for adequate CJS budgetary support.
8. Maximization of citizen participation in the maintenance of peace and order.

LAW ENFORCEMENT
1. Improvement of recruitment and training programs.
2. Adherence to professional ethics and moral values.
3. Upgrading of law enforcement capability.
4. Replication of pilot-tested projects, e.g. Community Oriented Policing System
5. Organizational development to enhance coordination and organizational effectiveness.
6. Promoting efficiency in the management of resources through a system of transparency.
7. Active participation of the community in crime prevention, solution and control.

PROSECUTION
1. Provide adequate staff, equipments and supplies.
2. Provide attractive emoluments and benefits to attract competent lawyers to join
the prosecution service.
3. Strict screening of prosecutor-applicants.
4. Management training for prosecutors.
5. Enforcement of stricter disciplinary measures.
6. Recommend designation of specific courts to exclusive trial and decide criminal cases.
7. Mandatory pre-trial.
8. More funding for the Witness Protection, Security and Benefit Program. (RA 6981)
9. More funding for Victim Compensation LAW.
10. Closer coordination of the prosecution with law enforcement agencies and the
community in evidence-gathering.
11. Strict adherence to DOJ Circular in resolving preliminary investigation of cases within
60 days.
12. Actively assist in the training of barangay chairmen and Lupon members in their
conciliation, mediation and arbitration work to lessen the load of cases to be filed
with prosecution/courts.
13. Continue the training program for non-chemists on dangerous drug identification to meet
the need for more expert-witness.

COURTS
1. Monitoring of performance of judges.
2. Continuing audit of court dockets to insure compliance with the prescribed period
within which cases should be tried and decided.
3. Continuing revision, amendments and/or modification of the Rules of Court for
the purpose of attaining speedy administration of justice.
4. Continuing dissemination of information regarding of the courts.
5. Continuing training of judges and court personnel.

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 6. Work for the full realization of the constitutional autonomy of the judiciary in order
to achieve its true independence.
7. Grant awards/recognition to deserving judges and court personnel through the
merit system.

CORRECTIONS - Modernization of the Philippine Correctional System

a. INSTITUTIONAL PROGRAMS
 Establishment of diagnostic centers
 Specialized correctional institutions
 Prison furlough
 Work releases
 Prohibition of arrest and detention during holidays and weekends
b. NON-INSTITUTIONAL PROGRAMS
 Halfway homes
 Community service orders
 Joint institutional and non-institutional correctional institutions.
 Moral and spiritual programs
 Health insurance
 Sports and recreation
 Counseling services
 Prison Agro - industries
 Special services for offender's dependents especially the poor and the
underprivileged
 Psychosocial interventions
c. PERSONNEL
 Increase of personnel for all correctional agencies
 Professional and career advancement of correctional workers/upgrading of
 Qualification standards for correctional workers
 Value enrichment programs
 Salary and benefit upgrading
 Team and commitment building seminars
 Institutionalization of awards and incentive standards for correctional workers.
d. FACILITIES
 Site and infrastructure development
 Old facilities redesign/upgrade/transfer
 Construction of separate new facilities in conformity with modern prison
architectural design
 Modern transport and communication facilities
 Construction of separate facilities for female, youth and other special offenders

COMMUNITY
1. Maximize participation of development workers in organizing community fight
criminality
2. Promote and support anti-crime watch movements
3. Improve street lighting to make streets safer at night
4. Expand existing anti-drug programs involving the community
5. Provide incentives and recognition for good policemen, prosecutors, judges, etc.
6. Promote Community Oriented Policing System (COPS)
7. Practice neighborhood watch system
8. Information networking among anti-crime groups
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 9. Retire corrupt, delinquent and aging judges, police officers and other government officials
10. Increase mobility by improving/modernizing patrol equipment
11. Study innovations in law enforcement agencies in foreign countries
12. Civilian anti-kidnapping task force
13. Provide economic growth through cooperative community-based and people-oriented
systems

CRIMINAL JUSTICE PROCESS

Criminal justice is a process of selection. Not every crime that is committed is reported to
the police; not every crime reported to the police results in an arrest; not every arrest results in
a prosecution; not every prosecution results in a conviction; and not every conviction results in a
prison sentence. In other words, criminal justice is a process whereby individuals are sifted and
sorted out at various decision points within the system.

During the processing of the offender, there is a great deal of “slippage” within the
system at various decision points in the process. A major characteristic of the administration of
criminal justice is the discretion that exists at each critical decision stage in the system. The
criminal justice system operates like a complex filter, screening out offenders at various points.

The criminal justice process can be conceived as a homogenization process. The

process begins with acts that may or may not be considered as “criminal” (designated as social
harms). At the beginning of the process, we have a very heterogeneous group of people, since
just about everyone commits some act that could be considered a “social harm”. However,
very few of these acts come to the attention of the police. Of those that do come to the
attention of the police. Even of those arrested, many are never charged with a crime or
“booked”.

As we proceed through the stages of the CJS, we see that the number of people
involved as accused is further reduced. Also, and more importantly, the kinds of people
involved become more and more homogenous. For instance, they become more alike in terms
of age (younger), sex (more are males), social class (increasing numbers of lower - and
working-class people), offense (more and more “index” offenses, especially property offenses
such as theft and robbery), and more and more with previous experiences with the criminal
justice system. When we arrive at the last stage, the prison populations, we have the most
homogenous grouping in which the vast majority are poor, unskilled, uneducated, and well
experienced in crime and have had much contact with the criminal justice system.

A recent editorial of the Philippine Daily Inquirer mentioned the following causes of the
rising tide of criminality:
1. poverty,
2. ineffectiveness and low credibility of the police,
3. the rising incidence of drug abuse, and
4. the lack of a real deterrence to the commission of crimes.

It observed that:
“One real deterrent would be the realization that one cannot escape from
the law if one is caught after committing a crime. But our criminal justice system
leaks like a sieve, and at any point, from the police station to the prison, one can
escape retribution and justice.”

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 If the anti-crime campaign is to be effective, the entire criminal justice system will have
to be improved or revamped. revamping the criminal justice system will be like cleaning the
Augean stables or restoring the Pasig River. However, it has to be done if the government is to
win the fight against crime.

LAW ENFORCEMENT

The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise
conduct, investigating to identify offenders and or recover stolen or missing property,
warning or arresting those who are probably guilty of criminal behavior, and assisting in
the prosecution and trial of offenders. Its goals are aimed towards the prevention of crime
and disorder, preservation of peace, and the protection of life, properties and individual
freedom.
A large number of government agencies are involved in law enforcement one way or
another. The kind and degree of involvement vary from general and specific law
enforcement to enforcing standards and regulation pertaining to particular government
activities.
In the Philippines, the law enforcement function is spearheaded by the Philippine
National Police (PNP), the Department of the Interior and Local Government (DILG), and
the National Bureau of Investigation (NBI) under the Department of Justice (DOJ).
In addition to these government offices, there are other agencies tasked with enforcing
special laws. Among these are:
1. Presidential Anti-Organized Crime Task Force(PAOCTF) - formerly PACC
2. Bureau of Internal Revenue (BIR)
3. Land Transportation Office (LTO)
4. Bureau of Customs (BOC)
5. Bureau of Immigration (BOI)
6. Economic and Intelligence and Investigation Bureau (EIIB)
7. Food and Drug Administration (FDA)
8. Philippine Coast Guard (PCG)
9. Marine Industry Authority (MARINA)
10. Bureau of Forest Development
11. Department of Agriculture (DA) - BFAR, BPI, etc.
12. Air Transportation Office (ATO)
13. National Telecommunications Commission (NTC)
14. Bureau of Product Standards (BPS)

HISTORICAL BACKGROUND OF THE POLICE

It primitively evolved from the practice of different tribes to select able-bodied young
men to protect their villagers, not from the assault of criminals, but from depredations
of wild animals which prey their crops and livestock during night time.
These young men who walked around their village during the night to render protection
need not to work in the fields during the day. The village council agreed that they were given
equal share of the harvest for the families. Historically, this is the forerunner of the
contemporary patrol of the police for crime prevention.
Basically, a police department is organized first and foremost for crime prevention. In a
newly created community, a prime concern of local government officials and citizens is peace
and order. Hence, priority is the establishment of a police force entrusted with the basic
responsibility of crime prevention. They are aware of the police role to safeguard the
community's progress and stability.
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POLICEMAN - An agent of person in authority endowed by law to enforce the law.
Symbolically, he is the law.

KINDS OF POLICEMEN
1. TRADITIONAL POLICEMAN = a policeman walking in uniform performing patrol
work, walking constantly and alertly, observing persons and things to accomplish
crime prevention mission.
a. The best public servants who serve the public instead of dominating them.
b. The years of receptive policing, when the public received and welcomed the
presence of the police assigned in their neighborhood to maintain order and
security, instead of imposing purely law enforcement action.
c. The years when every policeman was a good, friendly, trustworthy officer of the law.
d. The years when only few rotten mangoes can be found in a basket.
e. The idealist, ideal, a lover of wisdom, who gives meaning to his duty in terms of truth,
goodness and beauty.

2. CONTEMPORARY POLICEMAN = the materialistic, arrogant, college educated agent of

person in authority whose insight of public service is for the public to serve him as his
source of extra income.

At the start of his duty, he reflects not on his work, but on his prospective extra income
for the day, constantly probing, looking deeper not on the nature of things, but into the pockets
of his prospective victims. "You name it, the POLICE are in it."

THE POLICE USE OF DISCRETION - Police officers are decision makers and most of
their decisions are based on discretion.

DISCRETION - It is the wise use of one's judgment, personal experience and common sense to
decide a particular situation. Apparently, the police exercise of discretion is unregulated as
U.S. Chief Justice Warren and Burger put it -

"No law book, no judge, no lawyer can readily tell how the policeman on
beat should appropriately and courteously exercise the same in this various day to day
activities, whatever they do, it is their own responsibility."

Abuse of discretion resulting to injury to persons or damage to property is punishable. So

the police must be guided by some basic concepts such as COMMON SENSE, PERSONAL
EXPERIENCE and SOUND JUDGMENT.

FACTORS WHICH SUBJECTS THE POLICEMEN TO PRESSURE AND WHICH MAY IN

SOME WAYS REGULATE POLICE DISCRETION

1. The legal political structure of the police organization; and

2. The vocal and angry groups of the community.

PROBLEMS ARISING FROM UNREGULATED DISCRETION

1. It lacks uniformity for implementation
2. It may be discriminatory
3. It foster police corruption in victimless crimes
4. It converts the law into a personal instrument of social control through the so-
called "sidewalk justice."

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ROLE OF THE POLICE IN THE SYSTEM
1. To arrest the suspect
a) By virtue of a warrant of arrest issued by a judge on the basis of evidence
submitted by them.
b) Under circumstances justifying a warrantless arrest (Sec. 5, Rule 113, Rules of Court).

2. To conduct investigation - The police may conduct surveillance, interview persons with
knowledge of facts directly or indirectly connected with the offense, take photographs
(surreptitiously or otherwise), arrange to constitutional and statutory safeguards,
examine public and other available records pertaining to the persons involved and get
copies of pertinent entries.
3. To gather and preserve evidence
4. To transmit the records of the case to the court/prosecutor
5. To appear and testify in court

THE KATARUNGANG
PAMBARANGAY (RA
7160)

A. WHAT IS THE CONCEPT OF THE KATARUNGANG PAMBARANGAY (KP)?

Conceptually, Katarungang Pambarangay (KP) is justice administered in the barangay
level. It is a system of amicably settling disputes among families in barangay levels without
judicial recourse.

B. OBJECTIVES OF KP:
1. to promote speedy administration of justice;
2. to perpetuate the time-honored tradition of settling disputes amicably for
the maintenance of peace and order;
3. to implement the Constitutional mandate, preserve and develop Filipino culture; and
4. to relieve the courts of docket congestion and thereby enhance the quality of
justice dispensation.

C. SALIENT FEATURES OF THE KP:

1. It makes barangay settlement a PRE-REQUISITE to the bringing of suit to the regular
courts of justice. This will ensure that all disputes, with certain exceptions, must go
through the conciliation process. Hence, only those that are truly irreconcilable will
be kept for formal resolution; and
2. Parties may not be represented by counsel or anyone else. This is designed to make
the proceeding simple and inexpensive as to be available to all, and also facilitates
amicable settlement.

Sec. 412, RA 7160 - “No complaint, petition, action, or proceeding involving

any matter within the authority of the Lupon shall be filed for adjudication, unless there
has been confrontation between parties before the Lupon Chairman or the Pangkat and
that no conciliation or settlement has been reached as certified by the Lupon or
Pangkat Chairman unless the settlement has been repudiated by the parties thereto.”

D. REPUBLIC ACT NR. 7160 - The Local Government Code of 1991.

E. SIGNIFICANT CONTENTS OF RA 7160 RE KATARUNGANG PAMBARANGAY

Chapter VII, Sections 399-422 of RA 7160 superseded the Law on Katarungang
Pambarangay, the P.D. No. 1508.
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F. LUPONG TAGAPAMAYAPA (LT)

1. Composition and constitution of the LT (Sec. 399):

a) Created in each barangay referred to as the LUPON, composed of:
1. punong barangay - chairman; and
2. ten to twenty members

“The lupon shall be constituted every three (3) years in the manner provided herein
(RA 7160).”

b) Who may be appointed member of the Lupon:

1. any person actually residing or working in the barangay,
2. not otherwise expressly disqualified by law,
3. possessing integrity, impartiality, independence of mind sense of fairness, 4. and
reputation for probity.
c) A notice to constitute the lupon, which shall include the names of proposed
members who have expressed their willingness to serve, shall be prepared by the
punong barangay within the first 15 days from the start of his term of office. Such
notice shall be posted in three conspicuous places in the barangay continuously for
a period of not less than three (3) weeks.
d) The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointments as may have been made
within the period of posting, shall within ten (10) days thereafter, appoint as
members those whom he determines to be suitable therefor. Appointments shall be
in writing, signed by the punong barangay, and attested to by the barangay
secretary.
e) The list of appointed members shall be posted in three (3) conspicuous places in
the barangay for the entire duration of their term of office.
f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or
elders, shall be recognized without prejudice to the applicable provisions of this
Code.

2. Oath and Term of Office (Sec. 400)

Upon appointment, each lupon member shall take an oath of office before the
punong barangay. He shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation, transfer of
residence or place of work, or withdrawal of appointment by the punong barangay with
the concurrence of the majority of all the members of the lupon.

3. Vacancies (Sec. 401)

Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired
portion of the term.

4. Functions of the Lupon (Sec. 402) - the lupon shall:

a) exercise administrative supervision over the conciliation panels provided herein;
b) meet regularly once a month to provide a forum for matters relevant to the
amicable settlement of disputes, and to enable various conciliation panel members
to share with one another their observations and experiences in effecting speedy
resolution of disputes; and
c) Exercise such other powers and perform such other duties and functions as may
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be prescribed by law or ordinance.

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 5. Secretary of the Lupon (sec. 403) - The barangay secretary shall concurrently serve as
the secretary of the lupon who shall:
a) record the results of mediation proceedings before the punong barangay;
b) submit a report thereon to the proper city or municipal courts; and
c) also receive and keep the records of proceedings submitted to him.

6. Pangkat ng Tagapagkasundo (Sec. 404)

a) There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the Pangkat Tagapagkasundo, hereinafter
referred to as the Pangkat, consisting of three (3) members who shall be chosen
by the parties to the dispute from the list of members of the lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the lupon chairman.
b) The three members constituting the Pangkat shall elect from among themselves
the chairman and the secretary. The secretary shall:
1. prepare the minutes of the Pangkat proceedings and submit a copy of the
same duly attested by the chairman to the lupon secretary, and to the proper
city or municipal court;
2. issue and cause to be served notices to the parties concerned.

7. Vacancies in the Pangkat (Sec. 405)

Any vacancy in the Pangkat shall be chosen by the parties to the
dispute from among the other lupon members. Should the parties fail to
agree on a common choice, the vacancy shall be filled by lot to be drawn
by the lupon chairman.

8. Character of Office and Service of Lupon Members (Sec. 406)

a) Shall be deemed as person in authority while they are in the performance of
their official duties or on the occasion thereof; and
b) They shall serve without compensation.

9. Legal Advise on Matters Involving Questions of Law (Sec. 407)

The provincial, city legal officer or prosecutor or the municipal legal officer
shall render legal advice on matters involving questions of law to the punong
barangay or any lupon or Pangkat member whenever necessary in the exercise of
his functions in the administration of the Katarungang Pambarangay.

G. OFFENSES PUNISHABLE BY RPC COGNIZABLE BY THE LUPON

1. Alarms and Scandals (Art. 155);
2. Use of False Certificates (Art. 175);
3. Concealing One’s True Name and Other Personal Circumstances (Art. 178, part 2);
4. Physical Injuries Committed in Tumultuous Affray (Art. 252);
5. Slight Physical Injuries and Maltreatment (Art. 266);
6. Other Forms of Trespass (Art. 281);
7. Other Light Threats (Art. 285);
8. Other Light Coercion or Unjust Vexations (Art. 287);
9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, par. 8)
10. Altering Boundaries or Landmarks (Art. 313);
11. Other Deceits (Art. 318);
12. Arson of Property of Small Value (Art. 323);
13. Social Cases of Malicious Mischief (Art. 328);
14. Other Mischief (Art. 329);
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 15. Slight Slander (Art. 358);
16. Slander by Deed Not of a Serious Nature (Art. 359);
17. Intriguing Against Honor (Art. 364);
18. Theft, Swindling or Malicious Mischief Committed or Caused by Certain Relatives,
Where There is No Criminal but Only Civil Liability.

All these offenses are punishable by imprisonment not exceeding 30 days

and/or fine not exceeding P200.00.
Under the New Local Government Code, all offenses punishable by at least one
(1) year imprisonment and P5,000.00 fine is now within the Jurisdiction of the
Lupon. Also cognizable by the barangay lupon (courts) are violators of municipal
ordinances which are similarly punishable as the above mentioned offenses under
the penal code.

H. OTHER CASES COGNIZABLE BY THE LUPON AND EXCEPTIONS (Sec. 408)

The Lupon of each barangay shall have authority to bring together the parties actually
residing in the same municipality or city for amicable settlement of all disputes, except:
1. Where one party is the government of any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions;
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding
Five Thousand Pesos (P500.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities
or municipalities, except where such barangay units adjoin each their
differences to amicable settlement by an appropriate lupon;
7. Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice;
8. Any complaint by or against corporations, partnerships, or judicial entities;
9. Dispute where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following;
a. a criminal case where the accused is under police custody or detention,
b. a petition for habeas corpus by a person illegally detained or deprived of his
liberty or one acting in his behalf,
c. actions coupled with provisional remedies, such as preliminary injunction,
attachment, replevin and support pendente lite; and
d. where the action may be barred by the statute of limitations;
10. Labor disputes or controversies arising from employer-employee relationship
(Montoya vs. Escaño, et. al, 17 SCRA 442: Art. 228, Labor code as
amended);
11. Where the dispute arises out from the Comprehensive Agrarian Reform Law (Secs.
46 & 47, RA 6657);
12. Actions to annul judgment upon a compromise which can be filed directly in
court (Sanchez vs. Tupas, 158 SCRA 459).

“The court in which non-criminal cases not falling within the authority of the lupon
under this Code are filed may, at any time before the trial, motu propio refer the case to
the lupon concerned for amicable settlement.”

15
I. VENUE (Sec. 409)

16
 a) Disputes between persons actually residing in the same barangay shall be brought
before the lupon of the said barangay;
b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of
the respondents actually resides, at the election of the complainant;
c) All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is situated;
and
d) Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.

J. PROCEDURE FOR AMICABLE SETTLEMENT (Sec. 410)

a) Upon payment of the appropriate filing fee, any individual who has a cause of action
against another individual involving any matter within the authority of the lupon may
complain, orally or in writing, to the lupon chairman of the barangay.
b) Upon receipt of the complaint, the lupon chairman shall within the next working day,
summon the respondent(s), with notice to the complainant(s) for them and their
witnesses to appear before him for mediation of their conflicting interests. If he fails in
his mediation effort within 15 days from the first meeting of the parties before him, he
shall forthwith set a date for the constitution of the Pangkat in accordance with the
provisions of this chapter.
c) While the dispute is under mediation, conciliation, or arbitration, the prescriptive
periods for offenses and cause of action under existing laws shall be interrupted upon
filing of the complaint with the punong barangay. The prescriptive period shall resume
upon receipt by the complainant of the complaint or the certificate of repudiation or of
the certification to file action by the lupon or Pangkat secretary provided that such
interruption shall not exceed 60 days from the filing of the complaint with the punong
barangay.
d) The Pangkat shall convene not later than 3 days from its constitution, on the day and
hour set by the lupon chairman, to hear both parties and their witnesses, simplify
issues, and explore possibilities of amicable settlement.
e) The Pangkat shall arrive at a settlement or resolution of the dispute within 15 days
from the day it convenes. This period shall, at the discretion of the Pangkat, be
extendible for another period which shall not exceed 15 days, except in clearly
meritorious cases.

K. FORM OF SETTLEMENT (Sec. 411)

All amicable settlement shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman or the Pangkat
chairman, as the case may be.

L. CONCILIATION (Sec. 412)

a) No complaint, petition, action or proceeding involving any matter within the authority
of the lupon shall be filed or instituted directly in court or any other government office
for adjudication, unless there has been a confrontation between the parties before the
lupon chairman or the Pangkat, and that no conciliation or settlement has been reached
as certified by the lupon secretary or Pangkat secretary as attested to by the lupon
chairman or Pangkat chairman or unless the settlement has been repudiated by the
parties thereto.
b) The parties may go directly to court in the following instances:
1. where the accused is under detention;
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2. where a person has otherwise been deprived of personal liberty calling for habeas
corpus;

18
 3. where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and
4. where the action may otherwise be barred by the statute limitations.
c) The customs and traditions of indigenous cultural communities shall be applied in
settling disputes between members.

M. ARBITRATION (Sec. 41)

a) The parties may, at any stage of the proceedings, agree in writing that they shall abide
by the arbitration award of the lupon chairman or the Pangkat. such agreement to
arbitrate may be repudiated within 5 days from the date thereof for the same grounds
and in accordance with the procedure hereinafter prescribed. The arbitration award
shall be made after the lapse of the period for repudiation and within 10 days
thereafter.
b) The arbitration award shall be in writing in a language or dialect known to the parties.

N. PROCEEDINGS OPEN TO THE PUBLIC (Sec. 414)

Except when a party request that the public be excluded from the proceedings
in the interest of privacy, decency, or public morals.

O. APPEARANCE OF PARTIES IN PERSON (Sec. 415)

In all proceedings, the parties must appear in person without the assistance of
counsel or representative, except for minors and incompetents who may be
assisted by their next-of-kin who are not lawyers.

P. EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION (Sec. 416)

It shall have the force and effect of a final judgment of a court upon the
expiration of 10 days from the date thereof, unless repudiation of the settlement
has been made or a petition to nullify the award has been filed before the proper
city or municipal court.

However, this shall not apply to court cases settled by the lupon under last par of
sec. 408, in which case the compromise settlement agreed upon by the parties
before the lupon chairman or Pangkat chairman shall be submitted to the court and
upon approval thereof, have the force and effect of a judgment of said court.

Q. EXECUTION (sec. 417)

The amicable settlement or arbitration award may be enforced by execution
by the lupon within 6 months from the date of the settlement. After the lapse of
such time, the settlement may be enforced by action in the appropriate city or
municipal court.

R. REPUDIATION (Sec. 418)

Any party to the dispute may within 10 days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence, or intimidation.
Such repudiation shall be sufficient basis for the issuance of the certification for filing
a complaint as hereinabove provided.

S. TRANSMITTAL OF SETTLEMENT AND ARBITRATION AWARD TO THE COURT (Sec. 419)

The secretary of the lupon shall transmit the settlement or arbitration award
to the appropriate city or municipal court within 5 days from the date of the
19
award or

20
 from the lapse of the ten-day period or repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and the lupon chairman.

T. POWER TO ADMINISTER OATHS (Sec. 420)

The punong barangay as chairman of the lupon and the members of the
Pangkat are hereby authorized to administer oaths in connection with any matter
relating to all proceedings in the implementation of the katarungang pambarangay.

U. ADMINISTRATION: RULES AND REGULATIONS (Sec. 421)

The city or municipal mayor, shall see to the efficient and effective
implementation and administration of the Katarungang Pambarangay. The
Secretary of Justice shall promulgate the rules and regulations necessary to
implement this Chapter.

PROSECUTION

1. Serving as the lawyer of the State/government in criminal cases, the prosecutor is

automatically considered an officer of the court; at the same time, he is formally a
member of the Department of Justice, under the Executive branch of the
Government, and thus independent from the judiciary.

2. The prosecution service is made up of Provincial and City Public Prosecutors under
the National Prosecution Service (NPS). They perform to types of prosecutorial
powers; investigatory and prosecutory such as they:
 Evaluate the police findings referred to them, or other complaints filed directly with
them by individual persons (e.g. government officers in charge of enforcement of
law violated);
 File corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper
courts on the basis of their evaluation of the proofs at hand; and
 Prosecute the alleged offenders in court, in the name of the People of the Philippines.

ATTORNEYS IN PRIVATE PRACTICE should be deemed a part of the CJS component

(Prosecution). They represent the parties (complainant or respondent) in proceedings before the
Public Prosecutors. So also, public defenders such as members of the PAO and other Legal Aid
Lawyers (IBP, CLAO, FLAG MABINI etc.)

Prosecute - to commence and carry on a criminal action or lawsuit in the name of the People
of the Philippines.
 to bring suit against for redress of wrong or punishment of crime.
 to seek to enforce or obtain, as a claim or right, by legal process.
 to begin and carry on a legal proceeding.

*** Latin - prosecutus, pp of prosequi (pro-before + sequi-follow)

THE PROSECUTOR AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the arrest, when
the police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to
accept or reject the case for prosecution.

21
 3. The action of the prosecution is dependent upon the police initiatory action, whereby
the criminal justice system relies on the:
a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court

USE OF THE PROSECUTOR'S DISCRETION

There are, of course, many legitimate reasons for a prosecutor's failure to prosecute:
a) Where the alleged criminal act may be the result of some quarrel between neighbors and
all parties are equally at fault;
b) Where the alleged criminal act may be the result of some minor domestic dispute;
c) Where an overzealous creditor may be attempting to pervert the criminal
process for the purpose of collecting a civil debt.

Prosecutors, indeed, use their discretion in a variety of ways when they decide whether to
bring formal charges against individuals suspected of crimes.

SOME USE THIS DISRCRETION TO:

1. screen suspects out of the criminal justice system;
2. bargain for information and guilty pleas; and
3. prosecute some defendants fully.

In the day-to-day decision-making process, prosecutors make their decisions relatively free
of control, although they may be influenced by the desires and opinions of the public, the
police, and other government officials.

The prosecution, therefore, should not go forward unless sufficient evidence exits
against the accused to promise a conviction, and thus justify the government expense and
the defendant's distress.
A prosecuting attorney, by the nature of his office, is under no compulsion to file a
particular CRIMINAL INFORMATION where he is not convinced that he has evidence to
back up its averments or that the evidence at hand points to a different The prosecutor
in deciding whether to prosecute, is responsible for evaluating the evidence the police
have gathered and deciding whether it is sufficient to warrant filing charges against the
alleged violator. If otherwise, he does not accept the case, and orders the release of a
suspect.
On the other hand, if the prosecutor decides to accept the case, he issues a
complaint/information upon which the suspect is arraigned before a judge.
Thus, this is known as SELECTIVE PROSECUTION because the prosecutor does not only
have the option to select but more so influenced by the following favorable legal
factors to attain conviction:
a) The legal strength of the case
b) The willingness of witnesses to testify
c) The likelihood that the prosecutor can legally prove the defendant's guilt
d) defendant's initial appearance, the prosecutor may subsequently decide to drop all
charges, discontinue prosecution and seek dismissal under the following circumstances:
When the prosecutor becomes aware of the factors that make prosecution
inadvisable.
When the prosecutor has not had the opportunity or mechanism for screening cases
prior to the arraignment. This can be possible though nolle.

NOLLE - A request by the prosecutor to the judge for approval to terminate further criminal
22
prosecution against a suspect.

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CHARACTERISTICS OF NOLLE
1. The request is mere formality that the judge routinely grants without question.
2. Originally, the prosecutor is not even required to give reasons for wanting to NOLLE a
case has the charge suspended for a period of 12 months.
3. The suspension of legal action is intended to have a deterrent effect on the offender if
the suspect gets into trouble during the period.
4. At the end of 12 months, the nolle status expires and automatically becomes a full dismissal
of the crime charge.

OBJECTIVELY, THE NOLLE IS PRIMARILY USED TO:

 Reduce case overload
 Reduce backlog ( an accumulation of unfinished work)
 Reduce delays in bringing defendants to trial

THE COURT

It is situated between the Prosecution and Correction. The court is the centerpiece of the
five pillars, as such; it performs perhaps the most important role in the administration of justice
because it is the court that everyone turns to for justice. It is impossible for applying the criminal
law against the defendants who commit crimes, but at the same time protecting the same
violations from the violation of their rights by criminal justice agents.

Historical Background:
During the pre-Spanish times in the Philippines, all trials of criminal and civil cases were in
public. The litigants in the case pleaded their own case. There were no lawyers, court clerks
or stenographers. The litigants presented their witness. Before testifying, they witnesses took an
oath to tell the truth. The oath was in various forms, such as “may the crocodile eat me”, “may I
die if I tell a lie”, “may no woman love me”, or “may the moon frown upon me”. To our
forefathers, their oath were sacred. Perjury was rare in the early trials. The barangay court
decided the case in favor of the litigant who presented more proofs then the other.

Ancient Court of Israel during Biblical times was called “COURT AT THE GATE”.
In Greece, punishment for homicide by imposing death for intentional homicide or
unintentional, was expulsion from one’s hometown.
Roman law dealt with homicide by imposing death for international homicide and
payment of blood money to the victim’s family in cases of unintentional homicide.
In an inquisitorial system a judge seeks evidence against the accused or argues the states
case.
1. Known Courts in England
a. Shire Courts – handle more serious offenses in shires.
b. Hundred Courts – handle minor matters in village composed of laypersons called
“suitors” and presided over by a “Shire reeve”.
c. Seignorial Courts – presided over by the lords to settle disputes among their tenants.
d. Borough Courts – developed the law of Commerce.

2. Three Distinct Royal Courts in England

a. Court of the Exchequer – dealt with suits involving royal revenues.
b. Court of Common Pleas – heard civil litigation between private citizens.
c. Court of King’s Bench – dealt with all major crimes.

3. Trial by Ordeal
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 It was believed that God’s protected the innocent and punished the guilty.
Ordeal is a term varying meaning closely related to the Medieval Latin. “ Dei Indicum”
meaning decisions. Also, it is an ancient method of trial in which the accused was exposed to
physical danger which was supposed to be harmless if he was innocent.
In our Democratic and Republican State the powers of the Government are
distributed among the three great branches of the government: the legislative, the executive and
the judicial. The legislative power is vested in the Congress of the Philippines, which consist
of a Senate and House of Representatives. The executive power is vested in the President
of the Philippines, assisted by his Cabinet. The judicial power is vested in one Supreme
Court and in such lower courts as may be established by law.
Judicial powers includes the duty of the Courts and Justice to settle actual
controversies involving rights which are legally demandable and enforceable and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.
Courts are judicial tribunals engaged in the administration of justice. They exist in
every civilized country to resolve and end disputes in accordance with law, - peacefully, in
an orderly manner, authoritatively, definitely and finally.
In criminal cases, where there was doubt as to who of the accused persons were
really guilty of the crime, trial by ordeal was resorted to. It was believed that the gods
protected the innocent and punished the guilty. Through the ordeal the gods revealed
divine truth to the people. Thus, an accused person who was innocent was believed to be the
gods successful in the ordeal because the gods would make him.
It is situated between the Prosecution and Correction. The court is the centerpiece of the
five pillars, as such; it performs perhaps the most important role in the administration of justice
because it is the court that everyone turns to for justice. It is impossible for applying the criminal
law against the defendants who commit crimes, but at the same time protecting the
same violations from the violations of their rights by criminal agents.
It is also stated that a court is body to which the public administration of justice
is delegated being a tribunal officially assembled under authority of law at he 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 judicial power is vested.
It is also a place where justice is judicially administered; persons officially assembled
under authority of law, at the appropriate time and place where, and person by whom
judicial functions are to be exercised, are essential to complete a court, in contemplation of law.

The Roles of the Court in the System:

1. To settle actual controversies involving rights which are legally demandable and
enforceable.
2. To determine whether there has been grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch or instrumentality of the government.
3. To render authoritative judgments.
4. The final arbiter for justice.
5. The frontline of Democracy, freedom and human dignity.
6. The only institution capable of identifying and maintaining the proper balance between
the conflicting rights of the individual and those of the state and society.
7. It is to the court that everyone turns to for justice.
8. It is twisted as a shield of innocence in the impartial guardian of every private civil rights.
9. It is in the court that our citizens primarily feel the keen cutting edge of the law.
10. The only constitution capable of identifying and maintaining the proper balance between
the conflicting rights of the state and society.

In the criminal justice system the court is looked upon as:

25
 1. the final arbiter for justice;
2. the front line defender of democracy, freedom and human dignity;
3. the only institution capable of identifying and maintaining the proper balance
between the conflicting rights of the individual and those of the state and society;
and
4. it is to the courts that everyone turn to for justice.

Three Important Functions of Courts:

1. Resolve disputes that while offer routine are crucial to those involved
2. Provide protection from illegal actions by government and individuals
3. Occasionally resolve disputes of great political and social significance

Organization of Courts
1. Regular Courts
The Philippine Judicial System consists of a hierarchy of courts assembling a pyramid
with the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980,
otherwise known as the Batas Pambansa Blg. 129 ( Rep. Act No. 129), the other regular
courts are:
a. Intermediate Appellate Court – This operates in ten (10) divisions, each
comprising five (5) members. The court sits in banc only to exercise administrative,
ceremonial, or either non-adjudicatory functions;
b. Regional Trial Courts – One which is presided by 720 Regional Trial Judges in each
of the thirteen (13) regions of the country;
c. Metropolitan Trial Courts – In each metropolitan area, established by law area
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
law.

2. Special Courts
Aside from the above-mentioned courts, there are also under present laws some special
courts. These are the following:
a. Court of Tax Appeals – Created under Rep. Act No. 1125, as amended, this special
court has exclusive appellate jurisdiction to review on appeal the decisions of the
Commission of Internal Revenue involving internal revenue taxes and decisions of
the Commissioner of Customs involving customs duties.
b. Sandiganbayan – The Constitution provides that the National Assembly shall create
a specialized court, popularly known as “Sandiganbayan”. The creation was made
possible by Presidential Decree No. 1606.

3. Quasi-Judicial Agencies
There are administrative bodies under the executive branch performing quasi-judicial
functions, like the National Labor Relations Commission (NLRC) , Employees Compensation
Commission (ECC) , Board of Transportation (BT), etc., and the Independent Constitutional
Commissions which do not form a part of the integrated judicial system. The same is true
of the Court Martial pertains to the President as Commander-in-Chief, independently of
legislation to aid him properly in commanding the Armed Forces and enforcing the required
discipline.

4. Barangay Courts
Presidential Decree No. 1508, dated June 11, 1978, creates in each barangay a body to

26
be known as “Lupong Tagapayapa” (Barangay Courts) which shall constitute a system of
amicably settling disputes at the barangay level, to help relieve the courts of docket

27
 congregation and thereby enhance the quality of justice disposed by the courts. Barangays
as the term used in Presidential Decree No. 1508, refers not only to the barrios which were
declared barangays by Presidential Decree No. 557 but also to barangays otherwise known
as Citizens Assemblies pursuant to Presidential Decree No. 86.

LEVEL OF HIERARCHY
In the Philippines, the regular courts engaged in the administration of justice are
organized into four (4) levels of tiers. At the highest level is the Supreme Court; and as above
stated, it is in it and the lower courts – those at the three (3) other levels – that judicial is
vested. They are collectively known as the judiciary. AS thus organized, they comprise that is
referred to as the Integrated Judicial System. This system is depicted in the following:

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

2. Second Level Courts - At the second level are Regional Trial Courts (RTCs). The Philippines
is divided into thirteen (13) regions; the National Capital Judicial Region (the Metro Manila
Area), and twelve (12) others (group of to or more cities and provinces), from Region I in
the North, to Region XII in Mindanao. In each region there is a RTC, composed of several
branches.

3. Court of Appeal - At the third level is the Court of Appeals. It is essentially an Appellate
Court, reviewing cases appealed to it from regional Trial Courts. It may review questions of
fact or mixed questions of fact of law.
Appeals to it as regards cases decided by the RTC in the exercised of original jurisdiction
are a matter of right. But appeals with respect to cases decided by the RTC in the exercises
of its appellate which no other remedy lies.
Occasionally, the CA may act as a trial court. This, in actions praying for the annulment
of final and executory judgment of RTC on the ground of extrinsic fraud subsequently
discovered, against which no other remedy lies.

4. Supreme Court - The Supreme Court is the highest court of the land. It is a review court. It
is the court of the last resort, for no appeal lies from its judgments and final orders. In the
context of the Integrated Judicial System depicted in the diagram, it exercises Appellate
jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts. AS a rule,
only question of law may be raised as appeal.
Appeals in the Supreme Court are never a matter of right. The only exception is when
the penalty of death, reclusion perpetua, or life imprisonment have been imposed either by
RTC or the CA; indeed , when the death penalty is imposed, the case automatically goes up
to the Supreme Court for review, even of the accused does not appeal. In any of these
three (3) cases, issue of fact, aside from issues of law, maybe raised before and decided
before and decided by the Supreme Court.

5. Extra ordinary Jurisdiction - This involves cases of quite serious character such, for instance, as
where the lower court has acted without, or in excess of its jurisdiction or has gravely
abused its discretion, or unlawfully deprived a person of his liberty.

C. Court Room Work Group

1. Court Administrators - These government employees are usually appointed by a state court
of last resort to act as statewide court administrator.

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2. Court Clerks -They are responsible in maintaining the court’s records, preparing daily
calendars, calling cases before the judge, controlling evidence in court, and collecting
fines and court costs.
3. Bailiffs - Perform a variety of duties including maintaining order in the court,
announcing judge entry into the courtroom, calling witnesses, controlling defendants,
and supervising juries.
4. Court Reporters - Sometimes referred to as court stenographers, these people
report everything said in court.
5. Corners - These government officials are usually elected in each country and

Power of the Judicial Review

The power of judicial review is the power of the court ultimately of the Supreme Court,
to interpret the Constitution and to declare any legislative or executive act invalid because it
is in conflict with the fundamental law. This authority is derived by clear implication from
the provision of Sections 2(2) and 5(2a), Article X of the Constitution. Through such power,
the Supreme Court particularly, enforces and upholds the supremacy of the Constitution.
This is so because the courts are the appropriate official interpreters of the constitution.
Thus, a study of the constitution is in a large measure a study of judicial decision and
opinions.

Other Functions of the Court

1. Disciplinary Powers
a. Supreme Court
b. The Court of Appeals
2. Quasi – Legislative or Rule Making Power
a. The protection and enforcement of constitutional rights
b. Pleading, practice and procedure in all courts
c. The admission to the practice of law
d. The Integrated Bar
e. Legal Assistance to the under privileged

COURT ACTIONS
The Courts play no active role in the system until their jurisdiction is involved by the
filing of appropriate information.
All criminal actions are thereof, commenced by a complaint or information filed in court
in the name of the People of the Philippines against all persons who appear to be responsible
for the offense. They are prosecuted under the direction and control of a prosecutor and
instituted and tried in the Court or Municipality or territory where the offense is committed.
When a criminal action is instituted, the Civil Action for the recovery of civil liability
(damages) is impliedly included, unless the offended party waives the civil liability or reserves
his right to institute it separately. In other words, a person who is criminally liable is also civilly
liable – which means that for every crime committed there are always two (2) offended party
is the Civil Aspect.

Stages of Court Proceedings (Criminal Actions)

1. Police Investigation
a. Arrest
b. Warrant less arrest
c. Rights of person under custodial investigation
2. Preliminary Investigation
It is the stage at which the public Prosecutor evaluates the findings of the Police to
determine if prosecution of the suspect in court is warranted.
29
3. Criminal Action Proper
a. Warrant of Arrest
b. Arraignment – cannot be waived
c. Pre – trial – expedite disposition of trials
d. Trial
e. Judgment – Promulgate by reading it to the accused in open court.

If the court acquits the accused because, in its view, he is innocent or his guilt has not
been proven beyond reasonable doubt, the case is definitely ended. Appeal by the
prosecution is barred by the principle of double jeopardy. If the other way round, he may
move for a new trial or reconsideration.

JURISDICTION
Jurisdiction is the authority to hear and the right to act in a case. It is the power of the
judges to administer justice, that is, to try and decide the cases in accordance with the laws.
In order for a Court to have authority to have a particular case, it must have
jurisdiction of the following:
1. the subject matter
2. the person of the accused
3. the territory where the offense was committed.

1. The Jurisdiction of Court may be classified in many parts, it may be:

a. General when it is empowered to decide all disputes which may come before
it, except those assigned to other courts.
e.g. Jurisdiction of Regional Courts
b. Limited when it has the authority to hear and determine only a specified cases.
e.g. Jurisdiction of the Court of Tax Appeals
c. Original when it can carry and decide a case presented for the first time.
d. Appellate when it can take a case already heard and decided by a lower court.
e. Exclusive when it can try and decide a case which can not be presented before
any court.
f. Concurrent when any of two or more courts may take cognizance of a case.
g. Criminal that which exist for the punishment of crime.
h. Civil that which exist when the subject matter is not of a criminal offense.

2. The Elements of Jurisdiction in Criminal Cases are:

a. Territorial Jurisdiction – determined by the geographical area over which it
presides, the fact that the crime was committed, or any of its essential
ingredients took place , within said area.
b. Jurisdiction over subject matter – determined by the allegations of the complaint
or information in accordance with the law in force at the time of the institution
of the action not at the time of the commission of the offense. It also
determined by the penalty provided by law for the offense as that offense is
charged in the complaint or information.

3. Different kinds and Powers of Jurisdictions

1. Jurisdiction of the Supreme Court (Sec. 5 Art. VIII of the 1987 Constitution
a. Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
b Review revise, reverse, modify, or affirm on appeal or certiorari as the law or
the Rules of the Court may provide final judgments and orders of lower courts
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in :

31
 b.1 All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential degree,
proclamation, order, instruction, ordinance, or regulation is in question.
b.2 All cases involving the legality of any tax, impose, assessment, or toll or
any penalty imposed in relation thereto.
b.3 All cases in which the jurisdiction of any lower courts is in issue.
b.4 All criminal cases in which the penalty imposed is reclusion perpetua
or higher.
b.5 All cases in which only an error or question of law is involved.
c. Assign Temporarily judges of lower courts to other stations as public interest
may require. Such temporary assignment shall not exceed six months without
the consent of the judge concerned.
d. Order a change of venue or place of trial to avoid a miscarriage of justice.
e. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same grade, and shall
not diminish, increase or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.

2. Jurisdiction of the Court of Appeals ( Sec. 9 of the Judiciary Act of 1980 – BP Blg. 129)
a. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or processes, whether or not in
aid of its appellate jurisdiction.
b. Exclusive original jurisdiction over actions for annulment of judgments of
Regional Trial Courts
c. Exclusive appellate jurisdiction over all final judgments, decisions resolutions,
orders, or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentality, boards or commission except those falling within the
appellate jurisdiction of the supreme court in accordance with the
Constitution, the provision of this Act of the third paragraph and
subparagraph, and of subparagraph (4) of the fourth paragraph of Section
17 of the Judiciary Act of 1948.

3. Jurisdiction of the Regional Trial Courts

a. Exclusive jurisdiction of any court, tribunal or body, except those falling under
the exclusive and concurrent jurisdiction of the Sandiganbayan which shall
hereafter be exclusively taken cognizance by the latter.
b. Regional Trial Courts are now vested with exclusive jurisdiction to try all
offenses punishable with imprisonment exceeding four (4) years and two (2)
months and/or fine or more than P 4, 000.00.

4. Jurisdiction of the Sandiganbayan (Sec. 4)

a. Exclusive original jurisdiction in all cases involving the violations of Republic Act
No. 3019, as amended otherwise known as the Anti-Graft and Corrupt
Practices Act., Republic Act No. 1379 and Chapter II, Section 2, Title VII of
the Revised Penal Code:
b. Other offenses or felonies committed by public officers and employees in
relation to their office, including those implied in government owned or
controlled corporations whether simple or complex with other crimes, where
32
the penalty

33
 prescribed by law is higher than prison correctional or imprisonment for six (6)
years, or a fine of P 6,000.00 : PROVIDED, HOWEVER, that offenses or felonies
mentioned in this paragraph where the penalty prescribed by law does not
exceed prison correctional or imprisonment for six (6) years or a fine of P
6,000.00 shall be tried by the proper Regional Trial Court and Municipal Circuit
Trial Court.
c. On appeal, from the final judgements, resolutions or orders of the Regional
Trial Courts in cases originally decided by them in their respective territorial
jurisdiction. ‘
d. By petition for review, from the final judgements, resolutions or orders of the
Regional Trial Courts in the exercise of their appellate jurisdiction over cases
originally decided by the Metropolitan Trial Courts in their Respective jurisdiction.

5. Jurisdiction of the Municipal Trial Courts (Sec. 32 of the Judiciary Act of 1980)
a. Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction.
b. Exclusive original jurisdiction over all offenses punishable with imprisonment of
not exceeding four years and two months or a fine of not more than four
thousand pesos or both such fine and imprisonment, regardless of other
imposable accessory or other penalties including the civil liability arising from
such offenses or predicated thereon, irrespective of kind, nature, value, or
amount thereof: Provided however, that in offenses involving damage to
property through criminal negligence they shall have exclusive original
jurisdiction where the imposable fine does not exceed twenty thousand pesos.

6. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in Civil Cases.
a. Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where
the value of the personal property, estate, or amount of the demand does not
exceed twenty thousand pesos exclusive of interest and cost but inclusive of
damages of whatever kind, the amount of which must be specifically alleged:
Provided that where there are several claims or causes of action between the
same or different parties, embodied in the same complaint, the amount of the
demand shall be the totality of the claims in all the causes of action, irrespective
of whether the causes of action arose out of the same or different transactions.
b. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer:
Provided that when, in such cases, the defendant raises the question of
ownership in his pleading and the question of possession cannot be resolved
without deciding the issue of ownership shall be resolved only to determine the
issue of possession.

7. Jurisdiction of the Barangay Court

a. Offenses Punishable by the Revised Penal Code cognizable by the Lupon include:
a.1 Alarms and scandals (Art. 155)
a.2 Use of false certificates (Art. 175)
a.3 Concealing one’s true name and other personal circumstances (Art. 178, par
2)
a.4 Physical injuries committed in a tumultuous affray (Art. 252)
a.5 Slight physical injuries and maltreatment (Art. 266)
a.6 Other forms of trespass (Art. 281)
a.7 Other light threats (Art. 285)
34
a.8 Other light coercion’s or unjust vexations (Art. 287)

35
 a.9 Some forms of thefts (Art. 308, par 3, and Art. 309, par 8.)
a.10 Altering boundaries or landmarks ( Art. 313)
a.11 Other deceits (Art. 318)
a.12 Arson of Property of small value (Art. 323)
a.13 Social cases of malicious mischief (Art. 328)
a.14 Other mischief’s (Art. 329)
a.15 Slight Slander (Art. 358)
a.16 Slander by deed not of a serious nature (Art. 359)
a.17 Intriguing against honor (Art. 364)
a.18Theft, swindling, or malicious mischief committed or caused mutuality by
certain relatives, where there is no criminal but only civil liability.
c. The Barangay Law prescribes the procedure for settling disputes in the Barangay
level. Cases falling within jurisdiction of the Barangay which are referred first to
the barangay before said cases are filed with the court only upon certification
issued by the Barangay Secretary for failure of the contending parties to come
into an agreement in the Barangay level. However, should there be an
agreement reached before the Barangay Chairman, or in Pangkat ng
Tagapagsundo, the barangay secretary transmits the settlement agreed upon by
the parties to the Clerk of the Municipal Trial Court within 15 days from date of
settlement.
d. All of those offenses are punishable by imprisonment not exceeding 30 days and
/ or fine not exceeding P200.00.
e. Under the New Local Government Code, all offenses punishable by at least one
year imprisonment and P2000.00 fine is now within the jurisdiction of the Lupon.
f. Also cognizable by the barangay courts are violations of municipal ordinances
which are similarly punishable as the above mentioned offenses under the
penal code.

8. Test of Jurisdiction
1. In criminal cases, the test of Jurisdiction is the principal penalty.
2. In civil cases, the basis of jurisdiction is the amount claimed in the complainant.

E. Composition of the Supreme Court and Its Sitting Procedure

The 1973 Constitution expanded the membership of the Supreme Court from ten (10)
members under the 1935 Constitution to fifteen (15) including the Chief Justice, to cope with the
increase in the number of cases brought about by the increase in Filipino population.
The Supreme Court may “Siten Banc” (as one body) or in two divisions. It is now the
Supreme Court that decides whether or not it will sit in two divisions. On the basis of fifteen
members, the logical number in one division is eight (8) including the Chief Justice and seven
(7) in the other. Sitting in two divisions, the Supreme Court doubles its capacity to dispose of
cases pending before it.

F. Cases to be Heard or Decided “En Banc” and the Number of Votes Required.
The Supreme Court hears and decides cases en banc with the corresponding number of
votes required, to wit:
1. All cases involving the constitutionality of a treaty, executive agreement, or law shall always
be heard and decided by the Supreme Court en banc. To declare a treaty, executive
agreement, or law unconstitutional, the concurrence of at least ten (10) justices is required.
When the necessary majority cannot be obtained its constitutionality shall be deemed
upheld.
2. All other cases which under the rules of the Supreme Court are required to be heard en
banc shall be decided en banc. The concurrence of at least eight (8) members is required.
36
3. Cases heard by division, if the concurrence of at least five (5) members is not obtained,
shall be decided en banc.

37
4. Cases modifying or reversing a doctrine or principle of law laid down by the court in a
decision rendered en banc or in division shall be decided by the court sitting en banc,
and;
5. In administrative cases where the decision is for the dismissal of a judge of an inferior
court, the vote of at least eight (8) members is necessary to order such dismissal.

CORRECTIONS
It is defined as the branch of administration of criminal justice charged with the custody,
supervision and rehabilitation of offenders. This pillar is responsible for the following thru
institutional or community-based programs:
1. MAINTAINING institutions such as prisons, jails, halfway houses, and others;
2. PROTECTING law abiding members of society by keeping sentenced offenders
from preying on society (ISOLATION);
3. REFORMING offenders by rehabilitating and reassimilating them into the mainstream
of society and helping them lead a normal life after release;
4. DETERRING crimes - experience in prison (jail) and fear of denial of liberty will
influence inmates and potential offenders to lead law-abiding lives; and
5. REINTEGRATION of the offender to the community.

Correction is concerned with and operates as society’s primary formal dispenses of

punishment. Corrections, however, is more than simply a mice term for punishment. As the
root of the word “Correction” implies focuses on correcting a problem or serves of problems in
society.
Correction is defined as “the systematic and organized efforts directed by a society that
attempt to punish offenders, protect the public from offenders, change offender behavior and in
some cases may compensate victims.
The criminal justice system is the machinery of any government in the control and
prevention of crimes and criminality. It is composed of the pillars of justice such as: the Law
Enforcement Pillar (Police), the Prosecution Pillar, the Court Pillar, the Correction Pillar, and the
Community Pillar.
Correction as one of the Pillars of Criminal Justice System is considered as the weakest
pillar. This is because of its failure to deter individuals in committing crimes as well as the
reformation of inmates. This is evident in the increasing number of inmates in jails or prisons.
Hence, the need of prison management is necessary to rehabilitate inmates and transform them
to become law-abiding citizens after their release.
Correction is the fourth pillar of the criminal justice system. This pillar takes over once
the accused, after having found guilty, is meted out the penalty for the crime he committed. He
can apply for probation or he could be turned over to a non-institutional or institutional agency
or facility for custodial treatment and rehabilitation. The offender could avail of the benefits of
parols or executive clemency once he has served the minimum period of his sentence.

AGENCIES UNDER THIS PILLAR:

1. Bureau of Corrections under DOJ
2. Provincial Jails under the Governors
3. Municipal/City Jails under the BJMP
4. Probation Administration under the DOJ
5. Board of Pardon and Parole under the DOJ

REHABILITATION SERVICES
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TREATMENT PROGRAM – the Philippine Prison System adopted two approaches in treating
criminal offenders. These are the Institutional-Based Treatment Programs and
the Community-Based Treatment Programs.
The treatment of inmates shall be focused on the provisions of services
designed to encourage them to return to the fold of justice and enhance self-respect,
dignity and sense of responsibility.

1. THE INSTITUTIONALIZED TREATMENT PROGRAMS:

a. Provisions for basic needs of inmates
b. Health services
c. Education and skills training
d. Religious services, guidance and counseling services
e. Recreation, sports and entertainment
f. Work programs such as livelihood projects
g. Visitation services
h. Mail services

2. COMMUNITY-BASED PROGRAMS
a. Probation – it is a disposition whereby a defendant, after conviction of an offense,
the penalty of which does not exceed 6 years of imprisonment, is released subject to
the conditions imposed by the releasing court and under the supervision of a
probation officer.
b. Parole – is the process of suspending the sentence of a convict after having served
the minimum of his sentence without granting him pardon and prescribing the terms
upon which the sentence shall be suspended.
c. Pardon – an act of grace extended to prisoners as a matter of right, vested to the
Chief Executive (The President) as a matter of power.
c.1 Conditional Pardon – a pardon given with requirements attached.
c.2 Absolute Pardon – a pardon given without any condition attached.
d. Amnesty – a general pardon extended to a group of person, such as political offenders
purposely to bring about the return of dissidents to their home and to restore peace
and order in the community.
e. Commutation – an act of the president changing/reducing a heavier sentence to a
lighter one or a longer term into a shorter term. It may alter death sentence to life
sentence or life sentence to a term of years. It does not forgive the offender but
merely to reduce the penalty pronounced by the court.

COMMUNITY
The community in this context refers to the elements that are mobilized and energized to
help the authorities in effectively addressing the law and order concerns of the citizenry.
Among this elements are:
1. Peace and Order Councils - National, Regional, Provincial and City/Municipal Levels;
2. The Katarungang Pambarangay;
3. The People’s Law Enforcement Board (PLEB);
4. Government Agencies - NEDA, DSWD, PPSC, PIA, DDB, etc; and
5. NGOs and other Civic Organizations.

The community as the fifth component of the criminal justice includes but is not limited
to individuals. Private groups and public entities who when performing or are involved in
related criminal justice activities, become a part of the system thus, prisoner helping to
rehabilitate themselves are involved in the criminal justice system. “In the same manner, a
law making body becomes part of the system. At the time it is engaged in the process of
39
enacting a

40
proposed law intended to improve law enforcement or correctional methods. In the same
token, any executive agency of the government such as educational, welfare, labor, health,
community development, or any public office becomes a part of the system while engaged in
activities directly or indirectly contributing to the prevention or control of crime. Private
association or unions, neighborhood action group and individual citizens may also become
important functionaries of the system if involved in such types of activities.
The community has a two-fold role:
1. It has the responsibility to participate in law enforcement activities by being
partners of the peace officers in reporting the crime incident, and helping in the
arrest of offenders; and
2. It has the responsibility to participate in the promotion of peace and order
through crime prevention or deterrence and in the rehabilitation on convicts and
their reintegration to society.

Rehabilitation takes place when the convict is serving his sentence. A convict may
be paroled or may even be placed on probation.
Under the concept of participatory CJS in the Philippines, public and private agencies
as well as citizens, become part of the CJS when they participate and become involved with
issues and activities related to crime prevention.
Thus, citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of the
convict who shall be released from the corrections into the mainstream of society.

Components of Community
A. Home
The home has well been called the cradle of human personalities for in it the child forms
fundamental attitudes and habits that endure throughout his life. In the intimacy of the family’s
relationships, the child receives basic physical and emotional satisfactions as well as protection,
guidance, and moral instruction, during his most impressionable years. There too. He first learn
about himself and his physical, social, and cultural surroundings and acquires attitudes, habits,
character traits, and a sense of right and wrong that tend to endure throughout his life.
Furthermore, so important is the family in the transmission and preservation of culture that is
only the cradle of personality but also the nursery of all other social institutions. And since it is
functionally related to these institutions, it tends to reflect and augment their organization and
disorganization.
1. Parental Discipline - It is commonly thought of as a means of development and
maintenance of good behavior and conduct in accordance with the norms of society. its
main objective is to inculcate good habits, attitudes and values that will make a child a
law abiding and useful member of the community. Discipline at home however is not
the responsibility of the parent alone. But rather the concern of the member of the
family.
2. The Ultimate Objective of Parental Discipline - The ultimate objective of parental
discipline is to develop the child’s self-respect, self-control, self-reliance, self-discipline
and not merely the ability and desire to conform to the accepted norms and standards
for individual and community life in normal society. Parental discipline includes but is
not limited to the inculcation of constructing habits, attitudes and values that will make
every child a law-abiding and useful member of the society.

B. The School
The school is a strategic position to prevent crime and delinquency. This is so because the
school exercises authority over every child who is of school age. It receives him when he is
young, observes, supervises, and teaches him for many hours each week during some of his
41
most impressionable years.

42
 The more education people have, the more they will respect and obey the law, the greater
happiness and prosperity they will experience and the stronger and better their government will
become. However, one should not jump to the conclusion that formal education of itself bears
and important relationship to delinquency.
C. The Church
It is an acknowledged fact that the important of the church in the prevention and
control of crime is beyond compare. It is the church of any denomination which points out to
the faithful their relationship to God and their fellowmen. And who by work and example leads
them to live a moral life.
Men and nations have come to realize that they cannot live without the guiding,
sustaining, and inspiring power of religion. The influence of religion from the web relationships
into which it is woven along with other influence, such as those of the home, the neighborhood,
ethnic background, education, economic status, race, and so on. Religion can create a strong
resistance to criminal impulses and desires.
D. The Government
The government is the duly constituted authority that enforces the law of the land and
such it is most powerful institution as far as control of the people is concerned. Respect for the
government is influenced by the respect for the people running the government. When the
people see that public officials and employees are first ones to violate the law and refuse to
obey it if they lose respect for the government. Corrupt officials set bad examples for other to
follow and create an atmosphere which is conducive to crime and disrespect for the law. The
pattern of conduct set by government official influences the conduct of the people in the
community.
When public official and employees fail to comply with their duties and or engage in graft and
corruption. The effect is they weaken the very foundation of the government thereby spreading
crime and delinquency.
E. Mass Media and Radio Broadcasting
Mass media and radio broadcasting are considered the best instrument for information
dissemination and the best source of knowledge for the public. It is through the mass media
and radio broadcasting where public opinion are formed and that is where their influence lies.
The term mass media is used there to refer to such impersonal means of communication as
newspaper, magazines, comic book, radio television and motion pictures. Since this media do
affect the lives of so many persons they have been charged with causing crime and
delinquency by making crime seem attractive, exciting, glamorous and profitable, by featuring
violence, brutality, and lawlessness, by giving publicity. And prestige to crooks, gangsters,
gamblers, confident men, racketeers, and hoodlums, by denigrating and ridiculing the parts
and law enforcement agencies, and by other such undesirable practices.
F. Other Community Agencies
Man composes the nation and in order for the nation to continue its existence, its
constituents have to police themselves, set up rules and regulations for themselves, guide and
educate the inhabitant because of the systematic
G. Barangay
The Barangay Captains peace-keeping responsibilities and to act as auxiliaries of the law.
Being considered persons in authority while the other barangay leaders are deemed agents of
persons in authority. In effect, the barangays through the respective barangay captains and other
barangay leaders are involved in law enforcement tasks and also other aspects of the criminal
justice system.
Because of their peace-keeping responsibilities, in the exercise of their limited statutory
police power, it would be necessary that barangay captains, leaders, and members be motivated,
organized, trained, coordinated, supervised and even compensated.
Role of the Community in the Reformation and Rehabilitation of Offenders:
Apathy among Filipinos toward prisoners and ex-prisoners as public elements should be
43
overcome and replaced by the belief that latter are a part of and not part from society. It is

44
essential therefore, that correctional institutions should enlist the cooperation of the community
in order to succeed in their mission of placing the offender back in the society as a normal
social being, correctional programs, no mater how new-developed, cannot succeed without the
support of the community.
The correctional institutions and the community should develop and understanding of
the needs of the offender and the newly released prisoner, and should design techniques to
help him again insight into his difficulties and to develop strength and restraint in order that he
may become a law-abiding and useful citizen of the community. Clearance paper from the
officers of the police, mayor, the court, and fiscal should not be made in employment requisite
of an ex- prisoner who wishes to land a job. To inquire him to comply with this requirement
would render unless and meaningless efforts to live a normal life in a free society. the essence
of the social justice, namely the right to live and earn a living is where by with help from a
person who had to serve sentence as a prisoner is deprived of social justice, such a condition
forces a person to continuous to live in the criminal world where he belongs, and this would
reform and rehabilitate prisoners. The community should form an association that would
cordially welcome individuals from the prison walls and a praise them of their importance in
society. Accepting the presence of an ex-prisoner in a free community will help him overcome
his psychological hang ups and make him realize that he is a part of and not apart from society.
His sense of responsibility to live a normal life will be developed enabling him to adapt and
adjust his way of life in accordance with the norms of society.

The Role of the Youth in Nation-Building

The youth are also contributing their share in the great task of nation building through
civic involvement and active participation in meaningful activities like reforestation, food
production, sanitation, beautification, adult education, information drives cooperative projects,
and other development programs. The constitution recognizes the vital role of the youth in
achieving our developmental goals and it is for this reasons that it lends its support to the
promotion of their welfare.
The effort of the government to aid the youth may be seen in the various decrees
promulgated for their benefit.
Under the P.D. 603 otherwise known as the Child and Youth Welfare Code, particularly
Sec. 4, 5 the responsibilities of the children, and the right, duties, and liabilities of parents in
the rearing of the children.
The E.O. 801 which superseded P.D. 604, abolished and transferred the authority of the
ministry of the youth and sports development to the office of the ministry of education, culture
and sports the bureau of youth and sports development, ministry of education, culture and
sports, will supervise the development of sport among school and out-of-school youth.
On educational benefits, P.D. 932, “Study and Pay Later Plan” program to enable
deserving young citizens to avail of educational assistance. As an incentive to honor students,
P.D. 907 grants automatic eligibility to all honor student graduates of any collegiate course, and
for out-of-school youth. P.D. 1139, respectively sets-up a man power and youth council office
to train and develop their skills for purposes of productive employment.

The Role of Local Government Units

When we speak of local government, we refer to provinces, cities, municipalities, barrios
and puroks. Sec. 10 Art. 11 of the Philippine Constitution state that the state shall guarantee
and promote the autonomy of local government units. Especially the barrio, to ensure their
fullest development as self reliant communities.
With regards to peace and order, local residents are the person who are in the better
position to know and understand their problems. Within their immediate surroundings and
environment, they can see, touch and feel their local peace and order conditions every day and
realize their effect as well as the urgency of solving them. The national government can
45
constructively devote its time to national problem since the local government are accorded with
the duties and function to adequately exercise the statutory power of the police in the
maintenance of peace and order, and in protecting lives and properties within their respective
local jurisdictions. The essence of self-reliance can encourage civic enthusiasm and initiative for
policing their own community members with a minimum of assistance from the national
authorities.

Duties and Obligations of Citizens

Art. V of the 1973 Constitution of the Philippines lays down the basic principles of norms of
conduct which every citizen of the Philippines is under duty to know, observe and practice in
words and deed. It is a new provision of the 1973 charter not found in the 1935 Constitution,.
Its ultimate objective is to establish a common understanding of the individuals built-in checks
and balances between liberty and responsibility, between rights and obligations, which is an
essential element in the maintenance of efficient democracy.

Community Relations - the basic police purpose of preserving the peace and protecting life and
property is a accomplished by controlling the behavior of people. A person’s conduct is
determined either by what he wants to do, or by what he is afraid of. Compliance with law and
regulation is obtained either by developing a public willingness to conform to the desired
pattern of behavior or by compelling people to conform by threat of punishment.

Objectives of Police Community Relations - The following are the main objectives of
community relations from the view point of law enforcement and public safety.
1. to maintain and develop the goodwill and confidence of the community for the police;
2. to obtain public cooperation and assistance;
3. to develop public understanding, support and appreciation for the services of the police;
4. to gain a broader understanding of and sympathy for the problems and needs of the
police;
5. to facilitate law enforcement and law compliance;
6. to build public opinion in favor of the police; and
7. to achieve the police purpose on preserving peace protecting life and property, and
the prevention of crime.

Principles of Police Community Relations - Every member of the INP shall adhere to the
following principles of Police Community Relations:
Public support must be maintained, every policeman shall be worthy of the public
high trust if he does his job well. He shall appear able and willing to serve all.
Public resentment must be avoided. The policeman shall always bear in mind the interest
of the public and shall develop friendly relation by his good conduct. He shall avoid
any occasion to humiliate, embarrass annoy, or cause inconvenience to any individual.
Public goodwill must be developed. The policeman must be courteous fair and quick
to assist individuals in the solution of their problems.
The public must be kept informed on regulations and policies. The police must
inform the public on the regulation and policies of the police force and the reason
for their adoption.

IV. THE LEGAL BOUNDARIES (PARAMETERS)

The effectiveness of the CJS as an anti-crime machinery for crime prevention and
control in the society greatly depends on the legal parameters. This is so because they
collectively define and delineate the boundaries between what is legal and illegal and what
could be done and could not be done by the five pillars of the CJS. The five pillars could wage
the anti-crime campaign within the legal arena only.
46
 The legal parameters serve to either limit or widen the rays of actions, ways and means
that could be wielded upon by the CJS in the anti-crime campaign. The more limited the
parameters, the lesser the range of actions/ways and means by any of the pillars thereby
amputating both arms of the CJS. Corollary, this broadens the areas being used by the
criminals in escaping the shortened arms of the CJS.
On the other hand, the wider the parameters, the more and the better the range of
actions that could be done by the CJS thus boosting its capabilities in addressing criminality.
Correspondingly, this narrows down the refuge of the criminals who are easily within the reach
of the long arms of the CJS.
Illustrative example is the very limited number of hours for the reglamentory period
within which law enforcers could legally hold on to suspects to complete the investigation
which if extended twice larger could afford the policeman better opportunity to complete the
proceedings and secure the continued detention of the accused.

The legal parameters in the anti-crime campaign are the following:

1. Philippine Constitution;
2. Revised \penal code
3. Rules of court
4. Supreme Court Decisions;
5. Presidential/Executive Orders and other Issuance;
6. Other laws - ordinances, R & Rs, LOIs, etc.

Being a democratic society, the caveat for the five pillars of the CJS is “Democracy cannot
be saved by destroying it.” and that the “rule of law” and “respect for the basic freedom and
human rights of the citizenry” shall always be upheld and safeguarded no matter why, what, and
when.

CRIMINAL JUSTICE SYSTEM within a context of DEMOCRACY

A. BASIC PRINCIPLES/FOUNDATIONS

DEMOCRACY - a government of the People, by the People and for the People.

COMPONENTS:
1. FORMAL/OFFICIAL - bureaucracy (public sector)
2. INFORMAL - citizenry (private sector)

CRIMINAL JUSTICE SYSTEM (democratic concept) - the machinery used by a

democratic government to protect the society against criminality and other peace and order
problems.

COMPONENTS:
1. FORMAL PART - law enforcement, prosecution, courts and corrections
2. INFORMAL PART - community

POLICE IN A DEMOCRATIC COUNTRY:

WHO ARE THE POLICE - police are the public and the public are the police; police
officers are those who are paid to give full-time attention to the duties of every citizen (Robert
“Bobby” Peel).

COMPONENTS:
1. FORMAL - PNP uniformed personnel, NBI and other Government Law Enforcers.
47
2. INFORMAL - Citizenry (private individuals); “members” (police non-officers.

48
 PEOPLES POWER - the greatest source of power to wage war against criminality and
other threats lies among the people.

Manpower: PNP = 100,000 + (0.14% of population); population = 70 + million

ANATOMY OF CRIME
In a democratic country, the fight against criminality is everybody’s concern. Hence, the
people should be aware how and why crimes are committed. Knowing the root cause of
criminality and focusing on these root causes perhaps is the best preventive method.
For any crime to happen, there are three elements or ingredients that must be present
at the same time and place. The combination of these: MOTIVE (desire);

Instrumentality Opportunity
or Skills

Motive or Desire

MOTIVE - refers to the reason or cause (inner force or drive) for a person or group of persons to
perpetuate a crime, i.e., dispute, economic gain, jealousy, etc.

INSTRUMENTALITY - the means used in the commission of the crime, i.e. firearm, bolo, icepick,
poison or obnoxious substance, etc.. Both the motive and the instrumentality belong to
and are harbored and wielded respectively by the criminal.

OPPORTUNITY - it refers to the chance or favorable occasion for a person or group of person to
commit a crime. i.e., leaving one’s home or car unattended for a long time, walking all
alone in a crime prone area, readily admitting a stranger into one’s residence, etc.
Further, opportunity is synonymous with carelessness, acts of indiscretion, and lack
of crime prevention-consciousness on the part of the victim.

BREEDING GROUNDS OF CRIME - Influencing and interacting with these three ingredients of
crime is the ENVIRONMENT. It encompasses the entire society and its milieu. For
purposes of crime prevention and control, the relevant factors or elements in the
environment that impinge on crime could be classified into exogenous and indigenous
variables.
1. EXOGENOUS VARIABLES - those that are beyond the control of or cannot be changed
by man; i.e., weather, time, season, terrain, etc.
2. INDIGENOUS VARIABLES - factors or elements that can be changed or influenced by
man; among these are the so-called breeding grounds of crime (criminality):

POVERTY - characterized by: widespread unemployment, underemployment, low income and

productivity, malnutrition, big families and rapid population growth rates, low standard of
living, etc.
IGNORANCE - widespread among people who lack knowledge and understanding about
things hat should be known by each citizen. For criminals, particularly first time offenders
readily perpetrated crimes based on mistaken notion and false belief. While many become
victims because they are not aware of the modus operandi of crime syndicates and are not
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crime prevention-conscious.

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 INJUSTICES/ABUSES - These serve to spawn and breed more crime to happen as
aftermath thereof. These constitute the powerful motives for most of the crime against persons
perpetrated either by the victims or their loved ones as cases of revenge or vendetta.
SOFT STATE - This pertains to the system of governance characterized by: non-
enforcement of several laws and ordinances; massive graft and corruption; absenteeism on the
part of government officers and officials; lack of basic services and other ugly symptoms.
FEAR - various surveys show that 50% of the people are afraid, not only while they
are on the streets, but also right inside their homes. Illustrative examples include victims of
kidnap- for-ransom easily give in to the demands of the abductors, including that of not
reporting to the police; victims of crime and their witnesses are easily threatened to keep
silent; even when not actually threatened many refuse to cooperate with the police.
LOST FAMILY VALUES - effects of the Western culture are deep-seated in-roads into
the Philippine society through modern communications, such as respect for and being obedient
to parents are being replaced with disrespect and disobedience. Lost of family values also
resulted into many broken families and weakened the moral fiber of many Filipinos.
OTHERS - these include movies glorifying criminals and showing lot of violence and lewd
scenes; urbanization and urban migration; proliferation of pornographic papers, modern
technology, etc.

PRESCRIPTION MODEL - NATIONAL CRIME SOLUTION - To effectively reduce and pre-empt

crime, the government must address and work on the three ingredients and breeding grounds of
crime such as:

BREEDING GROUND PRESCRIPTION

1. POVERTY - development initiatives
2. IGNORANCE - education
3. INJUSTICES/ABUSES - moral/spiritual renewal
4. SOFT STATE - good government
5. LOST FAMILY VALUES - value formation/recovery
6. FEAR - security
7. OTHERS - others ( government regulations)

NATIONAL OBJECTIVES
To eliminate or minimize and control the motives the instrumentalities, and the
opportunities for the commission of crime, in order to fulfill the FREEDOM FROM FEAR for our
people: and thereby provide a safe/conducive environment for the attainment of the second
objective which is:
To address and eradicate or alleviate the breeding grounds of criminality in the
environment, in order to fulfill the FREEDOM FROM WANT of our people and pre-empt them
from committing or becoming victims of crimes.
To motivate or catalyze, organize and mobilize the people to participate in and support
the Criminal Justice system and the Civil government in their efforts to realize the two
aforementioned objectives, so that PARTICIPATORY DEMOCRACY shall be institutionalized in
our society.
The five pillars of CJS main objective is to free the people from FEAR. However,
commission of crimes: petty and or organized crimes is the main obstacle for the five pillars of
criminal justice system. To attain the CJS’s objective, SECURITY should be provided to the
citizenry thru CRIME REDUCTION CAMPAIGN:
1. PREVENTION - by denying the opportunity, and by reducing the motive and
instrumentalities for the probable perpetrators of crime;
2. SUPPRESSION - active participation in eliminating the three ingredients or elements
of crime;
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 3. INTERVENTION - active participation whenever crime is about to be committed, is
actually committed, and have just been committed;
4. ATTRITION -
a. Law Enforcement (police) - active intelligence and investigation activities;
effective and efficient search and seizures, arrest of criminals; and effective and
efficient handling of offenders and filing of criminal complaint.
b. Prosecution - assist the police in the immediate filing of criminal complaint.
c. Court - impartial administration of justice (conviction of criminals).
d. Correction - proper rehabilitation and reformation of convicted persons.
e. Community - working hand in hand with the formal pillars of CJS.

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