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    CLJ

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    John Bryan P. De Leyos

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    COMPLAINANT - the person who filed the complaint against the respondent RESPONDENT — the person who is being complained ot CAUSE OF ACTION — an act or omission of one party in violation of the legal rights of another for which the latter suffers damage which affords a party to a right to judicial intervention 2) What shall the Chairman do upon receipt of the complaint? The Chairman shall meet with the respondent and complainant and mediate. i he fails in his mediation within fifteen (15) days, he shall set a date for the constitution of the Pangkat, MEDIATION OR CONCILIATION — the process whereby disputants are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes 3) What shall the Pangkat do ater its constitution? The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to hear both partes. 4) Within how may days should the Pangkat settle the dispute? The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days from its meeting. This period may be extended for another fineen (15) days, at the discretion of the Pangkat, How shall the settlement be made official? All amicable settlement shall be in wing ‘Why should parties resort to amicable settlement before going to the police? Because itis a pre-condition to filing of complaint in court: “No complaint involving any matter within the authority of the Lupon shall be filed directly in court unless there has been a confrontation between the parties before the Chairman or the Pangkat, and that no conciliation or settlement has been reached as Certified by the Secretary, or unless the settlement has been repudiated by the parties.” 7) What shall be the effect of the amicable settiement? The amicable settlement shall have the force and effect of a final judgment of a court upon the expiration of ten (10) days from the date of settlement Itis a body of men created to settle disputes within the barangay level, 11 is also referred toas the LUPON, What shail be the composition of the Lupon? ‘The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less than ten (20) but not more than twenty (20) Who are qualified to become members of the Lupon? Any resident of the barangay of reputable character may be appointed as member af the Lupon. Members of the Lupon shall be appointed by the Barangay Chairman. When shall the Lupon be constituted? The Lupon shall be constituted every three years, ‘What is the term of office of a Lupon member? A Lupan member shail serve for a period of three years. What is the basic function of the Lupon? Essentially, the Lupon must provide a forum for matters relevant to the amicable Seitlement of disputes for the speedy resolution of disputes What is PANGKAT TAGAPAGKASUNDO? It'shall act as the conciliation panel. itis also referred to as the PANGKAT. What shall be the composition of the Pangkat? It shall be composed of three (3) members chosen from the members of the Lupon. They shail choose trom among the three of them the Pangkat Chairman and Pangkat Secretary, When shall the Pangkat be constituted? ‘The Pangkat shall be constituted whenever a dispute is brought before the Lupon. Who shall appoint the members of the Pangkat? The members of the Pangkat shall be chosen by the parties of the dispute trom among the Lupon members. In case of disagreement, the Barangay Chairman shall draw lots, What matters fall under the jurisdiction of the Lupon? ) those involving offenses that are punishable by the imprisonment of one year and below. ora fine in the amount of five thousand pesos and below b) those involving parties that actually reside or work in the same barangay, ©) those involving marital and family disputes; 0) those involving minor disputes between neighbors; e) _ those involving real properties located in the barangay; Where shall be the venue for amicable settlement? a) disputes between persons actually residing in the same barangay shall be brought for amicable settiement before the Lupon of said barangay, b) those involving actual residents of different barangays within the same city or Thunicipality shall be brought in the barangay where the respondent actually resides; ©) all disputes involving real property or any interest shall be brought in the barangay where the real property ar the larger portion is situated; ) those arising at the workplace where the contending partes 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. PROCEDURE FOR AMICABLE SETTLEMENT 1) Who may initiate proceedings? Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon may complain, oFaily or in writing, to the Lupon. '. Giving data about the illegal activities and cohorts of the criminals, and the proliferation of organized crimes and syndicates; volunteering as witnesses; d. adopting precautionary and remedial measures to diminish crime. ‘AS had been pointed out, crime prevention is not the sole responsiblity of the police but is equally the concem of every citizen in order to have a peaceful place to live in Examples of Community participation in the Administration of Criminal Justice in our setting a. They are the following: 1, The growing interest in the rights and wellare of the victim as shown by the government with the cooperation of community leaders. Accordingly, R.A. No. 6981, otherwise known as the “Witness protection and Security Act” was passed and approved on April 24, 1991. This is to encourage the citizenry to participate in the Criminal Justice System by helping the government and The community in dealing with crime and criminals. ‘The Creation of Police-Community Relations RA, 6975, created this unit in order to implement plans and programs that will promote community and citizens’ participation in the maintenance of peace and order and pubic safety(2] It was created to establish harmonious relationship between the police and the cltizen. The community involvement in the criminal justice system is necessary to show its problems and encourage action for the solution thereot. It is clear that the police and the citizens need each other to combat and eradicate criminality HOW CAN POLICE-COMMUNITY RELATIONS BE ACHIEVED? This can be cone through: @ Constant dialogues between seminars to acquaint the barangay tanods and the police aides of their duties and responsibilities in the performance of their functions in the community; b. The police must follow the rule of law on dealing with the citizens by performing their duties in a humble and efficient manner and by showing the publie goodwill KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE) BRIEF HISTORY OF THE KATARUNGANG PAMBARANGAY PO 1293 — the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL ~ promulgated on 27 January 1978 PD 1508 — the law "ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL RA 7160 — otherwise known as the "LOCAL GOVERNMENT CODE OF 1991. + provides for the REVISED KATARUNGANG PAMBARANGAY LAW + enacted on 10 October 1991 Q&A 1) What is LUPONG TAGAPAMAYAPA? KINDS OF PARDON a. Absolute Pardon — when the convict is release without any condition: b, Conditional Parden — when the release of the convict ‘Ss subject to certain conditions that the pardonee must comply with stricly. Otherwise, such pardon will be revoked, because pardon is a contract with the convict may or may not accept, but once accepted, he has to abide wath the conditions prescribed. PAROLE 1S a procedure by which prisoners are selected for release on the basis of the individual response to the correctional institution and the service progress and by which they are provided with the necessary controls and guidance as they serve the remainder of their sentences within the free community. ELEMENTS OF PAROLE That the offender is convicted; That he serves part of his sentence in prison; That he is released before the full expiration at his sentence, That said release is conditional, and That he remains on parole until the expiration of his maximum sentence. DISQUALIFICATIONS: a. Their offenses are punished with death penalty, reclusion perpetua or life imprisonment, b, They were convicted of treason, conspiracy, of proposal to commit treason, misprision of treason, rebellion, sedition or coup d'etat and piracy or mutiny on the high seas or Philippine waters; They are habitual delinquents; They escaped trom confinement or evaded sentence; They have been on conditional pardon and had violated any of the conditions imposed by the Board Their Sentence do not exceed one (1) year; ‘They are suffering from any mental disorder as proven by the government psychiatrist or Psychologist accredited by the Department of Health; They have pending criminal cases. AMNESTY Is a general pardon extended to a group of prisoners and exercised by the President of tthe Philippines with the concurrence of Congress. The recipients are usually potitical offenders. \V. COMMUNITY - The fifth pillar of the CJS Role of the Community as the fifth pillar of the Criminal Justice System. - the community is understood to mean as “ elements that are mobilized and energized to help authorities in effectively addressing the law and ordier concern of the citizenry” ‘The responsibilities of the community in relation to Law Enforcement As one of the pillars or component of the Criminal Justice system, the community with its massive membership has vital responsibiities in faw enforcement. ‘The citizens can achieve these roles: a. identifying offenders; ‘A child above fiteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention Program, unless he/she has acted with discemment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. The exemption from criminal liability herein established does not include exemption from civil liability, which shail be enfarced in accordance with existing faws. Juvenile Justice and Welfare Council (3JWC) - A Juvenile Justice and Welfare Council (QIWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The JJWC shall be chaired by an undersecretary of the Department of Social Wetfare and Development Duties During Initial Investigation, - The law enforcement officer shall, in his/her investigation, determine where the case involving the child in conflict with the law should be referred. ‘The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof, a lawyer from the Public Attorneys Office; (2) the child's parents, guardian, or nearest relative, as the case may be, and (G) the local social weltare and development officer. in the absence of the child's parents, guardian, of nearest relative, and the local social welfare and development officer, the investigation shall be conducted in the presence of a representative of an NGO, religious group, ‘or member of the BCPC. Ater the initial investigation, the local social worker conducting the same may do either of the following: (@) Proceed in accordance with Section 20 if the child is fiteen (15) years or below or above fiteen (15) but below eighteen (18) years old, who acted without discernment; and (b) Ifthe child is above fiteen (15) years old but below eighteen (18) and who acted with discemment, proceed to diversion under the follawing chapter, Probation as-an Alternative to imprisonment ‘The court may, after it shall have convicted and sentenced a child in conflict with the law, ‘and upon application at any time, place the child on probation in liew of service of his/her sentence taking into account the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968, othenase known as the “Probation Law of 1976", is hereby amended accordingly PROBATION - IS a disposition under which a defendant after convietion and sentence, is released Subject to conditions imposed by the court and under the supervision of a probation officer - IS a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead af actually going to prison. PARDON fs an act of grace proceeding from the power entrusted with the execution of the laws which ‘exempts the indrvidual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. it is the power teposed by the Constitution to the President of the Philippines. Institutional Corrections Agencies Bureau of Corrections — an agency under the Department of Justice (OOJ) that is charged with custody and rehabilitation of national offenders, that is, those sentenced to serve a term of imprisonment of more than three (3) years. It exercises contro! and supervision of all the correctionsiprisons facilites nationwide Provincial Jails ~ a jail or the safekeeping of prisoners at the capital of each province, and in the absence of special provision all expenses incident to the maintenance thereot and of maintaining prisoners are borne by the province. Bureau of Jail Management and Penology (B3MP) — created by virtue of Republic Act 6975, exercise supervision and control over all district, city and municipal jail nationwide. Formally established on January 2, 1992. CLASSIFICATION OF PRISONERS 1. Detention Prisoners a. Persons held for security reasons b. Persons held for investigation ¢. Persons waiting for final judgment d, Persons waiting for trial 2. Sentenced Prisoners — prisoners who convicted by judgment by competent court. 2.1 Municipal Jail Prisoner — sentenced to serve a prison term for 1 day to 6 months. 2.2 City Jail Prisoner — sentenced to serve imprisonment for 1 day to 3 years 2.3 Provincial Jail— sentenced to 6 months one day to 3 years 2.4 National or insular Prisoners — Sentenced to 3 years 1 day to Reclusion Perpetua or Life imprisonment. 2, Non — Institutional Correctional Agencies a. Parole and Probation Administration — an attached agency of the DOJ which provides a less costly alternative to imprisonment of offenders who are likely to respond to individualized community based treatment programs. Headed by an Administrator ~ Handles the investigation af petitioners for probation, and the supervision of probationers, parolees and conditional pardonees. Board of Pardons and Parole —the administrative arm of the President of the Philippines in the exercise of his constitutional power to grant. except in cases of impeachment, pardon, reprieve and amnesty after conviction by final judgment. History, ‘Act 4103, otherwise known as indeterminate Sentence Law, took effect on December 4, 1933, created the Board of Indeterminate Sentence ‘Amended by Executive Order No. 83, Series of 1937, renamed the Board of Indeterminate Sentence to Board of Pardons ‘Amended by Executive Order No. $4, abolished the Board of Pardons and created the Board of Pardons and Parole. Department of Social Welfare and Development (DSWD) ~ renders services for Coildren in Contict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2008) SEC. 6. Minimum Age of Criminal Responsibility, - A child fitteen (15) years of lage or under at the time of the commission of the offense shall be exempt from Criminal liability, However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE ADMINISTRATION OF cs Correctional institutions enter into the picture, as a rule, when the conviction of the accused has become final and executory. That is, when the judicial process has been completed and the court issues MITTIMUS for the enforcement of its decision. Although, Correctional institutions, Jails in particular, may receive an accused for custody or detention only. in which case the court issues a COMMITMENT ORDER. MITTIMUS itis a warrant the jail or prison authori sued by a court beating its seal and the signature of the judge directing 15 t0 receive the convicted offender for service of sentence, COMMITMENT ORDER It is a writen order of @ court or autharity consigning person to jail or prison for detention PURPOSES OF CORRECTION Deterrence Rehabilitation, Reintegration Isolation and Incapacitation. Punishment, geene DIFFERENT CORRECTIONAL INSTITUTIONS IN THE PHILIPPINES: 1. Sablayan Prison and Penal Farm — located in Occidental Mindoro. Established on September 26, 1954 by virtue of Presidential Proclamation No. 72. {tis the youngest colony of the bureau Leyte Regional Prison — situated in Abuyog, Southern Leyte, established a year after declaration of Martial law in 1972. 3. New Bilibid Prison — located in Muntinlupa, It was officially named New Bild Prison on January 22, 141. 4 Correctional Institution for Women — located at Mandaluyong City. Philippine Legislature passed Republic Act 3579 in November 1929 which authorize the transfer of all women inmates from Old Bilibid Prison to CiW. On February 14, 1931, the women prisoners were transferred from Old Bilibid Prison to the building especially constructed to them. Its old name ‘Women's Prison” was changed to “Correctional institution for Women’ 5. Iwahig Penal Colony — located at Palawan, established on November 16, 1904 by Governor Luke Wright. 6. San Ramon Prison and Penal Farm — established in Southem Zamboanga on August 21, 1870 through a royal decree promulgated in 1869. Considered the oldest penal facility in the: country. Originally established tor persons convicted of political crimes. It was here in Dapitan Zamboanga where Dr. Jase Rizal was incarcerated. 7. Davao Penal Colony — located in Davao Del Norte, the first penal settlement founded and organized under Filipino administration. it was formally established on January 21, 1932 by virtue of Act No. 3732. np CORRECTIONAL AGENCIES IN THE PHILIPPINES JUDGEMENT itis the adjudication by the court that the accused is: gui or not of the offense charged ‘and the imposition on him of the proper penalty and civil liability, i any. It must be writen in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which is based. PROMULGATION OF JUDGMENT The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronaunced in the presence of his counsel or representative. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court. WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE ACCUSED The weight of the evidence required in order to convict an accused is "Prool beyond reasonable doutx” ACQUITTAL {tis a finding of not guilty based on the merits. Meaning, the accused is acquitted because the evidence does not show that his guilt is beyond reasonable doubt. APPEAL Appeal is a statutory right granted to the accused or even the government in proper cases 10 seek remedy before an Appellate Court for the annulment or reversal af an adverse decision or conviction rendered by the Trial Court. WHO HAS THE RIGHT TO APPEAL? As a rule, this right is only granted to the convicted offender. However, the Supreme Court in one of its tandmark decision held that the right to appeal shall not be denied to the government prosecutor when proper. IV. CORRECTIONS -The fourth pillar of the CIS Corrections — deals with punishment, treatment and incarceration of offenders. Corrections as the fourth pillar takes over the criminal treatment ance the accused, after having been found guilty, is meted out the penalty for the erime he committed. He can apply tor probation or he could be tumed aver to a non — institutional or institutional agency ar facility for ‘custodial treatment and rehabilitation. GENERAL FUNCTIONS OF CORRECTIONS IN RELATION TO THE ADMINISTRATION OF cus 1 To maintain the institutions — the correctional component is responsible for maintaining prisons, jails and other institutional facilities to receive convicted offenders Sentence to periods of incarceration 2. To protect law abiding members of society — Comections custody and security in order to keep Sentenced offenders removed trom the free world so that they cannot commit further crimes on society. 3. Te reform offenders — It is responsible for developing and providing services to assist incarcerated offenders to reform and assist them in retuming to society and in leading a non-eriminal life after his/her release. 4, To deter crimes — It is responsible for encouraging incarcerated and potential offenders to lead law-abiding lives the experience of incarceration and the denial of freedom to live ina free society. 4, To protect the society. After the accused has been found guilty, the court may determine if the offender should be remaved from society and incarcerated in oder to protect the safety of life and property and this is specially true in case af Probation. 5, To prevent and reduce criminal behavior, This is the task property imposing the proper penalty and sanctions that will Serve to deter the future criminal acts by the offender and also Serve as an example and deterrent to others who would commit criminal acts or threaten public safety. JURISDICTION It is the authority of the court to hear and ty a particular offense and to impose the punishment provided by law. VENUE Refers to the place, location or site where the case is to be heard on its merits. DIFFERENT COURTS. 1. Municipal Trial CourtiMunicipal Circuit Trial CourtiMetropolitan Trial Court Original Jurisdiction: (a) all Violations of city and Municipal ordinances, (b) all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, (c) damage to property through criminal negligence: 2, Regional Trial Court (RTC) Original Jurisdiction: (a) those which: carry the penalties exceeding six (6) years of imprisonment, (b) those not covered by the jurisdiction of the Sandiganbayan. 3. Sandiganbayan Original Jurisdiction: Violations of FAA 3019 (Anti-graft and Corrupt Practices Act), RA 1379, ad Chapter Il, Section 2 Tie Vil, f Book Il of the RPC, 1. officials of the executive branch of the government occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher. 2. Phillipine Army and Air force colonels, naval captain and all officers of higher rank. 3. Officer f the PNP (provincial director and those holding the rank ot senior Superintendent or higher 4, Court of Appeals, Appellate jurisdictior 5. Supreme Court Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan. Decisions or judgements of the RTC COURT'S EXERCISE OF DISCRETION: ‘a. To set bail or set conditions for the release of the accused; b. To rule on the procedural matters as raised by the defendant or the prosecutor during the trial; c. To impose sentence or not, . To convict of to acquit the accused; e, To revoke probation or suspended sentence. ARRAIGNMENT It is the stage where the issues are joined in proceedings cannot advance further. iminal action and without which the Its the stage of the proceedings whereby the accused shall be informed of his/her constitutional right to be (officially) informed of the nature and the cause of the accusation against him and to ask him at his plea. SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME CRIMINAL CASES: ‘a. Insufficient evidence that results from a failure to find sufficient physical evidence that links the defendant to the offense, b. Witness prablem that arise for example, when a witness falls to appear, gives unclear oF inconsistent statements, is reluctant to testify, is unsure of identity of the offender. Due Process Problems that involves the violations of the Constitutional requirements for seizing evidence and for the questioning of the accused, REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A CRIME: ‘a. File a motion for consideration b. File an administrative case against the Prosecutor, File a civil case against the Prosecutor; 4d. File a criminal case- against the Prosecutor Hl, COURT ~ The third pillar of the Criminal Justice System ‘General functions of the Courts in relation of the CJS: 1. To protect the rights of the accused — the courts are responsible for reviewing the actions of law enforcement agencies to ensure that the police have not violated the rights of the accused: To determine by ali legal means whether a person is guilty of a crime ~ review all the evidences presented by the police to determine its relevance and admissibility in accordance with the Constitution and the rules of Court; To dispose properly of thase convicted of the crimes — the Courts have the responsibility to examine the background of the accused and the circumstances of the crime: To protect the society — after the accused has been found guilty. the court may determine if the offender should be removed from society and incarcerated in ordes to pratect the safety of life and property and this is specially in case of Probation; To prevent and reduce criminal behavior -this is the task properly imposing the proper penalty and sanctions that will serve to deter the future criminal acts by the offender an also serve as an example and deterrent to others who would commit criminal acts or threaten public safety. IMPORTANCE OF THE COURTS IN THE ADMINISTRATION OF CJS: Because the Court is the final arbiter of all disputes involving violations of criminal law. Basic is the principle in law that we: are a goverment of law and that no one should put the law into one's own hand. Otherwise. our Society will be one where chaos and anarchy reign supreme. GENERAL FUNCTIONS OF THE COURTS IN RELATION TO THE CJS |L To protect the rights of the accused. The courts are responsible for the reviewing the actions of law enforcement agencies to ensure that the police have not violated the rights of the accused. 2. To determine by all legal means whether a person is guilty of acrime. Review all the evidences presented by the police to determine its relevance and admissibility in accordance with the Constitution and the rules of court. 3. To dispose properly of those convicted of the crimes. The Courts have the responsibility to examine the background of the accused and the citcumstances of the crime. Itis an inquiry or proceeding for the purpose of determining whether there is sufficient i” ‘ground to engender a well founded belief that a crime has been committed and that the respondent is probably guilty thereof, and be held for trial (Section 1, Rule 112, Rules of Court) PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION a. To determine whether a crime has been committed and whether there is probable cause to believe that the accused is quilty thereof; b. To secure the innocent against hasty, malicious and oppressive prosecution. c. To protect the State from useless and expensive trials. (CAN THERE BE PRELIMINARY INVESTIGATION? Preliminary Investigation is required to be conducted before the filing of the Camplaint or Information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months: and one (1) day withaut regard to the fine. INSTANCE WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED TO BE ‘CONDUCTED EVEN IF THE GRIME IS ONE THAT REQUIRES PRELIMINARY INVESTIGATION When the offender was arrested without a warrant, an Inquest investigation will be ‘conducted by the inquest investigator. There is no need to conduct Preliminary investigation, unless the person arrested ask for Preliminary Investigation. However, before the same: can be done, he rust sign a waiver under the provision of Art. 125 of the Revised Penal Code. ‘An INQUEST shall refer to an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a ‘warrant issued by the court for the purpose of determining whether or not said person should remain under the custody and correspondingly charged in court. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION: Provincial or City Prosecutors and their assistants; Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; National and Regional State Prasecutors; and Other officers as may be authorized by law. (OTHERS OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION: ‘a. The Ombudsman and special prosecutor ad prosecutors duly authorized by the Ombudsman with respect 10 cases under its jurisdiction (ex. Anti-gralt and corrupt Practices act.) b. The COMELEC with respect to cases in violation of the Election Law: Private Lawyers when duly deputized by any of the above PROSECUTOR'S DISCRETION: ‘a. Whether or not to file the case in court: b. What charges to fle: ¢. Whether or not ta decline to prosecute the arrested party; d. Whether or not to enter into plea-bargaining DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF POLICE DISCRETION IN RELATION TO THE ADMINISTRATION OF CJS As defined by Kenneth Culp Davis, discretion means the freedom to make @ choice among possible courses of action. By the very nature of their work, police officers normally make critical decisions involving the life, liberty, honor and property of citizens, and these requires discretion on their part. SOME OF THE EXAMPLES OF POLICE DISCRETION: a. Whether or not to enforce a specific law; 'b. Whether or not to conduct search of people or building ¢. Whether or not ta effect an arrest d. To determine what charges are to be filed I. PROSECUTION — The second Pillar of the Criminal Justice System PROSECUTION AS A PILLAR OF THE CJS The Prosecution as the pillar of the CJS simply means “a criminal action”. A proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with a crime. Itis also used to designate the government as the party to the proceeding in a criminal action. IN PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION? In the Philippines, Although in the Municipal Trial Court of Municipal Circuit Trial Courts when the prosecutor is absent. the offended party, any peace officer, or pubic officer charged with the enforcement of the law violated may prosecute the case. But such authority shall cease upon actual intervention of the prosecutor r upon elevated to the RTC. NATIONAL PROSECETION SERVICE (NPS) The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the prosecutorial arm of the government. Its most important function in the Criminal Justice System is to maintain and recognize the rule of law through the speedy delivery of services particularly in the investigation and prosecution of all crimes under the Revised Penal Code, Presidential Decrees and other special penal laws. SOME ROLES OF THE PROSECUTOR: a. To conduct Preliminary Investigation 'b, To make proper recommendation during the inquest of the case referred to them by the police after the investigation of the suspect . To represent the government or state duting the prosecution of the case against the accused; . To act as a legal officer of the province or City in the absence of its legal officer; e. To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors, including the support staff of the National Prosecution Service (NPS). PRELIMINARY INVESTIGATION: Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, astest a person: (a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it and (6) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, ‘or has escaped while being transferred trom one confinement to another. GENERAL RULE IN EFFECTING SEARCH AND SEIZURE: Just like arrest, the general rule in etfecting a search and sewure is only by virtue of a validly issued search and warrant. The Reason: ‘@. For the protection of the searcher not to be charged of @ crime of theft, robbery and the tke; b. And for any civil and administrative liabilities EXCEPTIONS: Warrantless search incidental to a lawtul arrest Seizure of evidence in plain view ‘Search of a moving vehicle Consented warrantless search Customs search Stop and frisk search, and g. Exigent and emergency circumstances EVIDENCE OBTAINED IN VIOLATION OF THE RULE ON ARREST AND SEARCH AND SEIZURE IS NOT ADMISSIBLE AS EVIDENCE AGAINST THE ACCUSED The evidence obtained is not admissible against the accused in any proceedings. The Tule not admitting any unlawfully obtained evidence against the accused is referred to ‘the exclusionary rule” because the same is said to be “the frult of the poisonous tree” CRIMINAL INVESTIGATION 1s an art, which deals with identity and location of the offender and provides evidence ot his quit in criminal proceedings, Importance of Criminal Investigation in the Administration of CIS Criminal investigation is important in the administration of the CJS because one of the purpose of criminal investigation is to gather and preserve evidence that will both justify their enforcement action in particular case as well as enable the fact finding process of the courts ‘and the prosecution of the case successfully and obtain conviction, Republic Act No. 7438, April 27, 1992 AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, The detection of crime usualy occurs in the following manner: ‘The most typical way that crimes come to the attention of the police Is for the victim ta repot its occurrence to the police Alless typical way for the palice to be advised of the crime is through the reporting of someone who has witnessed its commission or has come upan evidence indicating that a crime has been committed: The police themselves, through their routine operations discover that a crime has been commitied oF witness its commission MEANING OF ARREST: — Artest is the taking af a person into custody in order that he may be bound to answer for the commission of an offense. IMPORTANCE OF ARREST IN THE ADMINISTRATION OF CJS Arrest is important in the administration of Criminal Justice System because if the accused is not arrested, the court will not acquire jurisdiction over his person unless the person voluntarily surrenders himself to the authorities. PROBABALE CAUSE IN EFFECTING ARREST Probable cause with respect to arrest is such a fact and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. SEARCH WARRANT itis an order in writing issued in the name of the people of the Philippines signed by the judge and directed to the peace officer, commanding him to Search for personal property and bring it before the court. REQUISITIES FOR THE ISSUANCE OF WARRANT OF ARREST ‘A’search warrant shall be issued only upon (a) upon probable cause (b) in connection with one specific offense ( c) to be determined personally by the judge (d) after examination under oath or affirmation of the complainant and the witnesses he may produce and (e} Particularly describing the place to be search and the thing to be seized. PERSONAL PROPERTY TO BE SEIZED ‘a. Subject of the offense; b. Stolen or embezzled and other proceeds, fruits of the offense; or . Use or intended to be used as the means of the commission of the offense. GENERAL RULE IN EFFECTING AN ARREST: The general rule in effecting an arrest is simply to make an arrest when there is a warrant, Reason: a. For the protection of the person making the arrest in order not to be charged criminally for violation of Articte 124 of the Revised Penal Code, and other related penal laws; b, and also for any civil and administrative charges. EXCEPTION TO THE GENERAL RULE: The exception to the general rule is provided by the Revise Rules on Criminat Procedures (Rule 113, Section 5) -Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent iaws; Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution; -Issue licenses for the passession of firearms and explosives in accordance with law; -Supervise and control the training and operations of security agencies and issue licenses to ‘operate Security agencies and to security guards and private detectives, for the purpose of their professions. NATIONAL BUREAU OF INVESTIGATION ~The National Bureau of Investigation (NBI) saw its inception on November 13, 1936 upon - approval of Commonwealth Act No. 181 by the legislature -Tasked with organizing a Division of investigation or DI patterned after the United States Federal Bureau of Investigation were Thomas Dugan, a veteran American police captain from the New York Police Department and Flaviano C. Guerrero, the only Filpino member af the United States Federal Bureau of Investigation.

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