Compiled and prepared by: Honey Angelu
The victim is
Mirafuentes
CRIMINAL JUSTICE SYSTEM
CRIMINAL
Criminological Sense – a person may be
considered as a criminal from the time he or
she committed the crime regardless whether
or not it has been reported for the Police for
investigation.
Legal Sense – a person may be considered a
criminal only upon undergoing the judicial
process and upon determination by the Court
that he or she is guilty beyond reasonable
doubt.
- only the court can say if a person is
guilty or not
- the level of guilt required is beyond
reasonable doubt, which means
100% if it does not reach such, there
is a great chance of acquittal since
the scale will always weigh in favor
of the accused.
Criminal Justice Sense – a criminal may be
defined as one who has undergone the
process and went through all the pillars of
the Criminal Justice System.
- must be convicted, has served sentence and
returned to community (ex-convict)
Psychological Sense – it refers to any
person who violated rules of conduct due to
behavioral maladjustment.
Social Sense – it refers to any person who
violated a social norm or one who did an
anti-social act.
Note: the criminal is the superstar or the
main character of the entire system because
he is present in every pillar.
the forgotten personality.
THE DIFFERENT NOMENCLATURES
(Term) GIVEN TO THE PERSON WHO
IS BEING PROCESSED UNDER THE
CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during
investigation, he is referred to as the
SUSPECT.
2. At the Prosecutors office, during the
determination of probable cause or
during the Preliminary Investigation,
he is referred to as the
RESPONDENT.
3. At the trial of the case, when a case
has been filed in Court, he is referred
to as the ACCUSED.
4. Once the Court has determined that
the accused is guilty beyond
reasonable doubt as charged and the
judgement has been rendered, he is
referred to as the CONVICT.
5. It is only upon undergoing all the
process when the person has served
the sentence when he can really be
considered as a CRIMINAL.
Justice – it is the adherence to truth or fact;
impartiality; the rendering what is due or
merited.
Note: Justice can either be positive or
negative. If you do something good, then
good will be done to you. If you do
something bad, then you will experience the
same.
Ex. You steal, you will be punished
Something was stolen from you, you will be
compensated.
Addendum: Justice according to the
Supreme Court of the Philippines is
symbolically represented by a blindfolded
woman (Lady Justice), holding with one
hand a sword and with the other, a balance
or scale. Meaning thereby that it is
administered with respect to persons,
equally to the poor and the rich.
System – a whole which is composed of
interconnected and interdependent parts to
perform as one.
 It cannot function as a whole without
the other components.
Criminal Justice – refers to the study of
various agencies of the government which
are concerned in administration of justice
and their functions and their relationship of
these agencies to one another.
 A field that is focused more on
practical and applied concerns such
as the technical aspects of policing or
law enforcement or correction.
Criminal Justice System - the
machinery of the state or government
which enforces the rules of conduct
necessary to protect life and property
and to maintain peace and order.
comprises all means used to enforce
these standards of conduct, which are
deemed necessary to protect individuals
and to maintain general well-being of the
community.
 it also refers to the agencies of the
government charged with enforcing
the law, prosecuting crimes,
convicting or acquitting criminals,
correcting and rehabilitating
criminals, and providing assistance
to reformed criminals in their return
to normal life in the community.
 In theory, Criminal Justice System is
an integrated apparatus that is
concerned with apprehension,
prosecution, trial, conviction,
sentencing and rehabilitating or
correcting criminal offenders. The
process is the totality of the activities
of law enforcers, prosecutors,
defense lawyers, judges and
correctional institutions, as well as
those of mobilized community in
crime prevention and control.
 Basically, the Criminal Justice
System in the American context is
initially made up of three key
components – the police, the court
and the corrections.
 Criminal Justice System in the
Philippines was expanded to achieve
its objectives – prevention and
control of crimes.
 Also defined as the sum total of
instrumentation which society uses
in the prevention and control of
crime and delinquency.
sum total - composed of two or more
agencies involved.
Criminal Justice System 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 arrest;
 Not every arrest results in
prosecution;
 Not every prosecution results in
conviction;
 And not every conviction results in
prison sentence or institutional
correction;
In other words, criminal justice system is a
process whereby individuals are sifted and
sorted out at various decision points within
the system.
Six Stages in the Criminal Justice Process
 CJS is non-linear because it is a
cycle
1. Arrest – Law Enforcement (starter of CJS,
mover and initiator)
2. Charging – Prosecution (file complaint or
information)
3. Adjudication – Court (conduct trial)
4. Sentencing – Court (rendering of
judgment/ guilty or not guilty)
5. Correction – Penalization (correction and
rehabilitation of offender)
6. Reintegration – return to society
 If the offender commits another
crime, he will return or undergo the
same process after reintegration
 There are cases wherein the process
is not exactly the same
Ex. Arrest comes first before prosecution
CONCEPT OF CJS IN THE UNITED
STATES – CJS in the American context is
initially made up of three (3) keys
components – the police, the courts, the
corrections.
CONCEPT OF CJS IN THE
PHILIPPINES – the Philippine Criminal
Justice System is made up of the various
government agencies known as the pillars or
components, which are responsible for the
enforcement of the law and the
administration of justice. These are the
Police, the Prosecution, the Court, the
Corrections and the mobilized Community.
They comprised the Five (5) Pillars of the
Criminal Justice System.
 These five (5) elements are known as
the FIVE PILLAR OF THE C.J.S.
On them obviously depends the
effective and efficient operation of
the criminal Justice System.
Generally speaking, the following are
the functions of the five components of
the CJS:
1. To prevent and control the commission of
crime
2. To enforce the law
3. To safeguard lives, individual rights, and
properties of the people
4. To detect, investigate, apprehend,
prosecute, and punish those who violate the
law
5. To rehabilitate the convicted criminal
offenders and reintegrate them into the
community as law-abiding citizens
CJS MODELS (ACCORDING TO
HERBERT PACKER):
1. Crime Control Model – is based
on the idea that the most
important function of the CJS is
protection of the public and the
repression of criminal conduct –
the rights of the individuals are
just secondary;
 the five pillars were created to
protect the safety and security of
citizens and to suppress crimes
2. Due Process Model – to the
proponents of this, the rights of
an individual must be co-equal
with the concern for public
safety.
 The equal protection of rights and to
ensure uniform procedure.
Due Process as applied to penal laws
 Due process, whether substantive or
procedural, can be described as
nothing more and nothing less than
compliance with the requirements of
fair play, or the right of any person
to be given notice and be heard
before he is condemned for an act or
omission defined and punished by
law.
Who are entitled to mantle of due
process of law?
 The State, as well as the accused, is
entitled to due process of law. For
justice to prevail, the scales must be
balanced; justice is not to be
dispensed for the accused alone. The
interests of society and the offended
parties which have been wronged
must be equally considered. A
verdict of conviction is not
necessarily a denial of justice; and an
acquittal is not necessarily a triumph
of justice, for, to the society offended
and the party wronged, it could also
mean injustice. Justice then must be
rendered even-handedly to both the
accused, on one hand and the State
and offended party, on the other.
CONCEPT OF DUE PROCESS OF
LAW
 means that those who are accused of
the crimes
 and those who are processed through
the Criminal Justice System must be
given the basic rights guaranteed by
the Constitution.
 Criminal due process requires that
the accused be tried by an impartial
and competent court in accordance
with the procedure prescribed by law
and with proper observance of all the
rights accorded to him under the
Constitution and applicable statute.
 “it hears first before it condemns”
this process sees to it that no person
will be deprived of life, liberty or
property without notice of charges,
legal counsel, a hearing and an
opportunity to confront accuser
(trial)
CONCEPT OF EQUAL
PROTECTION
 the equal protection clause in essence
declares that the state may not
attempt to create or enforce statutes
against a person solely because of
specific characteristics such as race,
age or sex. Protection of law applies
and is enforced for everyone
Approaches in the CJS
1. Adversarial Approach (The
Philippines’ approach)
 assumes innocence
 the prosecutor has the burden of
proof
 the emphasis is given on the proper
procedures
 Note: Focus of the court is acquittal
and proper procedure. If there is a
slight error, it can lead to acquittal.
2. Inquisitorial Approach (used by
other countries)
- assumes guilt
- the accused has the burden of proof
 - the emphasis is on the conviction of the
accused
Input / Output of the CJS
Input  laws, correct enforcement of
laws
Output  Justice
Addendum: wrong arrest = wrong justice
Wrong process = wrong justice
CRIMINAL LAW AND THE
CRIMINAL JUSTICE SYSTEM
 Criminal law is the basis that takes
place in the criminal justice system
only violations of criminal law are
being considered and processed in
the criminal justice system.
 Where no violation of criminal law
or where no commission of the
crime, in general, criminal justice as
a process will not operate.
Criminal Law – a branch of public of law
which defines crimes, treats of their nature
and provides for their punishment.
o If there is no punishment, then it is
not a law.
defines crimes – elements that constitutes to
crimes that will consider acts or omissions
as crime.
Crime. It is an act or omission punishable
by law.
Act. Any bodily movement tending to
produce some effect.
Omission. It refers to the failure to perform
a specified act.
Types of Crime
1. Felony. Any act punishable by the
Revised Penal Code of the
Philippines.
2. Offense. Any act punishable by
Special Penal Laws.
3. Misdemeanor or Delinquency.
Any act which is in violation of
simple rules and regulations or
ordinances.
Sources of Criminal Law
a) Revised Penal Code (Act No. 3815)
and its amendments.
b) Republic Acts
c) Other Special Penal laws passed by
the Phil. Commission, Philippine
Assembly, Philippine Legislature,
National Assembly, the Congress of
the Philippines and the Batasang
Pambansa,
Presidential Decrees and Republic Acts are
the two (2) well-known names of special
criminal laws in the Philippines.
Presidential Decrees - are special laws
which were passed during the Martial Law
(Ferdinand Marcos) ere wherein the
Philippine was placed under a parliamentary
system of government.
Republic Acts - are special laws which were
passed after the 1987 constitution (Cory
Aquino) enacted where the system of our
government is now democratic and
republican.
Two Classification of Criminal Law
Substantive – defines the elements that are
necessary for an act to constitute as a crime
and therefore punishable.
 From the word substance it means
the content of the law
  defines where a certain act falls that only those who are guilty of the crime
(murder, homicide, parricide) as punished, our Rules on Evidence provides
that that the evidence, in order to be
Procedural – refers to a statute that
sufficient to convict an accused for a
provides procedures appropriate for the
criminal act, proof beyond reasonable doubt
enforcement of the Substantive Criminal
is necessary. Unless his guilt is shown
Law.
beyond reasonable doubt, he is entitled to an
 From the word procedure it means acquittal.
the process of implementing law
Proof Beyond Reasonable Doubt – it is
 implementing rules and regulations
weight or sufficiency of evidence required in
 follows a procedure on how a certain
criminal cases that is defined as the degree
law is implemented
of proof which produces conviction in an
 remedial law, proper procedure to
unprejudiced mind.
prosecute a person (rules of arrest,
search and seizure, and judicial - proof beyond reasonable doubt does
process) not mean such a degree of proof as,
excluding the possibility of error,
Two Basic Principles of Criminal Law in
produces absolute certainty. moral
the Administration of the Criminal
certainty is only required, or that
Justice System
degree of proof which produces
1. Presumption of Innocence - this means conviction in an unprejudiced mind.
that those who are accused of crimes are - It is a level that prosecution must
considered innocent until proven guilty. the attain to prove conviction.
accused is entitled to all the rights of the
Reasonable Doubt – it is the doubt
citizens until the accused's guilt has been
engendered by an investigation of the
determined by the court of law of by the
whole proof and inability, after such
accused's acknowledgment (confession of
investigation, to let the mind rest easy
crime) of his guilt that he or she indeed
upon the certainty of guilt. Absolute
committed the crime.
certainty of guilt is not demanded by the
The Philippine Constitution - the supreme law to convict of any criminal charge but
law of land. moral certainty is required as to every
proposition of proof required to
Note: we cannot make any laws that defies constitute the offense.
that constitution (unconstitutional) it must
be in accordance with the constitution 1987 PHILIPPINE CONSTITUTION
(constitutional)
ARTICLE III
Addendum: If a law is not amended or
BILL OF RIGHTS
repealed, it will still take effect
Section 1. No person shall be deprived of
2. Burden of proof - in criminal cases mean
life, liberty, or property without due process
that the government must prove "beyond
of law, nor shall any person be denied the
reasonable doubt" that the suspect
equal protection of the laws.
committed the crime. in order to make sure
3 basic rights – right to life, liberty and
property.
if one gets convicted, his right to liberty is
stripped off
the 3 basic rights are not absolute because
the government also has power.
3 Inherent Power of the
State/Government
1. Police Power – Police power is the
state's inherent right to regulate an
individual's conduct or property to
protect the health, safety, welfare,
and morals of the community.
2. Power of Taxation - an inherent
power of the sovereign to impose
burdens upon. subjects and objects
within its jurisdiction for the purpose
of raising revenues.
3. Power of Imminent Domain –
refers to the power of the
government to take private property
and convert it into public use. The
Fifth Amendment provides that the
government may only exercise this
power if they provide just
compensation to the property
owners.
Three Branches of the Philippine
Government
Legislative branch - authorized to make
laws, alter, and repeal them through the
power vested in the Philippine Congress.
This institution is divided into the Senate
and the House of Representatives.
Executive branch - composed of the
President and the Vice President who are
elected by direct popular vote and serve
a term of six years. The Constitution
grants the President authority to appoint
his Cabinet. These departments form a
large portion of the country’s
bureaucracy.
Judicial branch - holds the power to
settle controversies involving rights that
are legally demandable and enforceable.
This branch determines whether or not
there has been a grave abuse of
discretion amounting to lack or excess of
jurisdiction on the part and
instrumentality of the government. It is
made up of a Supreme Court and lower
courts.
The Constitution expressly grants the
Supreme Court the power of Judicial
Review as the power to declare a treaty,
international or executive agreement, law,
presidential decree, proclamation, order,
instruction, ordinance or regulation
unconstitutional.
THE FIVE PILLARS OF THE
PHILLIPINE CRIMINAL JUSTICE
SYSTEM
1. LAW ENFORCEMENT - also
called the POLICE pillar. It
occupies the frontline of the CJS
because they are regarded as the
initiator of the system. They are also
the first contact of the law violator in
the CJS process. It investigates,
makes arrests and prepares evidence
against the suspects needed to
prosecute them.
 prime movers, the initiator. The
action of the prosecution depends on
the action of the law enforcement
 under the Executive branch
2. PROSECUTION - takes care of
evaluating the evidence and formally
charges the suspects before the court.
It serves as screening process on
 whether to file a case based on
evidence or dismiss the same and
determines what particular crime
shall be formally filed and presents
the burden of proof against the
suspect.
 under the Executive branch
3. COURT - conducts arraignment and
trial. It issues warrant of arrest if the
accused is at large and acquits the
innocent and adjudicate penalty for
the accused if found guilty.
 under the Judiciary branch
4. CORRECTION -responsible for the
incarceration and rehabilitation of
the convicted person to prepare for
eventual reintegration in the
community.
 under the Executive branch
5. COMMUNITY - helps the penitent
offender to become law-abiding
citizen by accepting the ex-convict’s
re-entry and assists said penitent
offender lead a new life as a
responsible member of the society
- Not under or independent among
the branches of the government.
 This is also known as the
informal pillar
First Pillar: Law Enforcement
 The law enforcement pillar is the
branch of the criminal justice system
that has the specific responsibility of
maintaining law and order and
combating crime within the society.
 The Law Enforcement as the first
pillar is considered to be the
“initiator” or the “prime mover” of
the Criminal Justice System. This
pillar is also commonly referred to as
the police pillar.
 This pillar is comprised of the
different law enforcement agencies
in the country such as the Philippine
National Police, the National Bureau
of Investigation, the Philippine Drug
Enforcement Agency, the Bureau of
Customs, the Bureau of Internal
Revenue, and the Land
Transportation Office, among many
others.
Examples of Law Enforcement Agency
initiating action:
1. effecting an arrest
2. surveillance
3. crime investigation
The General Functions of the Law
Enforcement Agency in relation to the
administration of the CJS
a. Prevent criminal behavior
b. Reduce Crime
c. Apprehend and arrest offenders
d. to protect the life and property
e. to regulate non-criminal conduct
PHILIPPINE NATIONAL POLICE
 Organized pursuant to RA 6975, as
amended by RA 8551 as further
amended by R.A. 9708.
 A law enforcement agency under the
DILG (Part of the Tri-Bureau)
 Under administrative control and
operational supervision of the
National Police Commission.
Policeman – he is an agent of person in
authority endowed by law to enforce the
law.
RELEVANT LAWS ON THE
ORGANIZATION OF THE PNP:
1. RA 6975 - An Act establishing the
Philippine National Police under a
reorganized Department of the interior and
Local Government and for other purposes,
otherwise known as DILG Act of 1990, was
approved on December 13, 1990 and made
effective on January 1, 1991.
2. RA 8551 – An Act providing for the
Reform and Reorganization of the PNP,
otherwise known as PNP Reform Act of
1998, was passed into law on February 25,
1998.
3. RA 9708 - “An Act extending for 5 years
the reglementary period for complying the
minimum educational qualification for
appointment to the PNP and adjusting the
promotion system thereof passed on August
12, 2009
CONSTITUTIONAL BASIS
It is an organization that is national in scope
and civilian in character, as provided by
Section 6, Article 16 of the 1987 Philippine
Constitution: “The state shall establish and
maintain one police force which shall be
national in scope and civilian in
character…”
national in scope - means that the PNP is a
nationwide government organization whose
jurisdiction covers the entire breadth of the
Philippine archipelago - all uniformed and
non-uniformed personnel of the PNP are
national government employees.
civilian in character - means that the PNP is
not a part of the military, although it retains
some military attributes such as discipline
POLICE DISCRETION
It is an authority conferred by law to act in a
certain condition or situation in accordance
with an officer or an official agency’s own
considered judgment or conscience. It is
simply the wise use of one’s judgment in a
police situation requiring immediate and
decisive action.
Some Discretion of the Police
a) To strictly enforce the laws and
ordinances
b) To be lenient in the enforcement of
laws and ordinances.
c) To apply for search warrants
d) To arrest the suspect’s or just merely
warn him
e) To gather additional evidence or
immediately file in case against the
suspect
f) To follow-up cases
Powers and Functions of the PNP
(mandated by RA 6975)
1. Enforce all laws and ordinances relative
to the protection of lives and properties;
2. Maintain peace and order and take all
necessary steps to ensure public safety;
3. Investigate and prevent crimes, effect the
arrest of criminal offenders, bring offenders
to justice and assist their prosecution;
4. Exercise the general powers to make
arrest, search and seizure in accordance with
the Constitution and pertinent laws (rules on
arrest, Rule 113);
5. Detain an arrested person for a period not
beyond what is prescribed by law, informing
the person so detained all his rights under
the constitution (Art. 125 and the reading of
Miranda Rights_
6. Issue licenses for the possession of
firearms and explosives in accordance with
law;
7. 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
Note: 6 and 7 is not included in the function
of the NBI
POLICE ROLES AND FUNCTIONS IN
THE SOCIETY
I. LAW ENFORCEMENT – The
Philippine National Police has the
power to enforce laws and ordinances
relative to the protection of lives and
property, such as the Revised Penal
Code, other special penal laws and city
and municipal ordinances.
II. CRIME PREVENTION – the
elimination of the opportunity for the
commission of a crime (triangle of
crime).
Triangle of Crime: Motive/Desire,
Opportunity and Instrumentality/Capability
 motive cannot be removed
because it is in the mind of
the person but in order to
prevent it, we conduct
proactive approach (police
patrol, police visibility)
III. POLICE PATROL – patrol has
been described as the backbone of
the police department. Theoretically,
patrol officers are the most valuable
people in the organization.
IV. CRIME DETECTION – crime
detection is the discovery of the
police that a crime had been
committed.
There are traditional ways that occurrence of
crime is made known to the police:
1. when the victim personally reports the
crime to the police;
2. when a witness personally reports the
crime to the police; and
3. when the police catches an offender while
in the commission of a crime.
V. CRIMINAL APPREHENSION -
the legal term for criminal
apprehension is arrest.
ARREST (Rule 113, Sec. 1)
Arrest is the taking of a person into custody
in order that he may be bound to answer for
the commission of an offense.
MODES OF ARREST
1. Arrest by virtue of a warrant
2. Arrest without a warrant
An arrest may be made on any day and at
any time of the day or night, even on a
Sunday.
WARRANT OF ARREST – an order in
writing issued in the name of the People of
the Philippines, signed by a judge and
directed to a peace officer, commanding him
to take a person or persons into custody
stated therein and deliver them before the
court in order that they may be bound to
answer for the commission of an offense
 shall remain valid until the
person to be arrested has been
arrested or has surrendered
  (10) days after issuance,
days given to the peace
officer for the report
 As a general rule, it can be
executed anytime of the day
or night.
Scattershot Warrant – a warrant of arrest
that is issued for more than one offense. It is
void, since the law requires that a warrant of
arrest should only be issued in connection
with one specific 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 Art. 125
(arbitrary) of the RPC and other related
penal laws;
b. and also for any civil and administrative
charges (filing of complaint to PLEB, IAS)
Circumstances of Warrantless Arrest
Arrest without warrant; when lawful. – A
peace officer or a private person may,
without a warrant, arrest a person:
1) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense;
 In flagrante Delicto (caught
in the act doctrine)
2) 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
 Doctrine of Hot Pursuit
3) 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 from
one confinement to another. (Rule 113,
Sec. )
 Escapee
VI. SEARCH AND SEIZURE
Search – refers to the examination of an
individual’s person, house, papers or effects,
or other buildings and premises to discover
contraband or some evidence of guilt to be
used in the prosecution of a criminal action.
Seizure – refers to the confiscation of a
property by an officer with legal authority to
do in criminal investigation. Seizure is the
logical consequence of search.
SEARCH WARRANT – an order in
writing issued in the name of the People of
the Philippine, signed by a judge and
directed to a peace officer, commanding him
to search for personal property described
therein, and bring it before the court
 has a validity period of TEN
(10) days.
 as a general rule, it must be
executed during daytime.
Exception to the daytime rule: when the
objects or items to be searched/seized can
only be found at night.
General Rule in Effecting Search and
Seizure
- just like arrest, the general rule in
effecting a search and seizure is only
by virtue of a validly issued search
warrant
The Reason:
a. for the protection of the searcher not to be
charged of a crime of theft, robbery and the
like
b. and for any civil and administrative
liabilities
Basis of the Judge to issue search warrant
 Probable Cause
Probable Cause – the existence of sufficient
ground to engender (cause) a well-founded
belief that a crime has been committed and
the respondent is probably guilty thereof and
should be held for trial.
Probable Cause for a Search – it is defined
as such facts and circumstances which
would lead a reasonably discreet and
prudent man to believe that an offense has
been committed and that the objects sought
in connection with the offense are in the
place sought to be searched.
2 Types of Probable Cause
1. Executive Determination of Probable
Cause – duty of the prosecution
(fiscal) to look for probable cause
before the issuance of information.
2. Judicial Determination of Probable
Cause – duty of the judge to look for
probable cause before the issuance of
warrants.
Search in Moving Vehicle – a search made
in a moving vehicle shall be limited to visual
search and neither the vehicle nor the
occupant shall be subjected to physical
search or require the passenger to alight
from the vehicle. An extensive search may
be allowed only if the officer conducting the
search have probable cause to the
commission of a crime in the vehicle to be
searched and there is no sufficient time to
secure a valid search warrant/ warrant of
arrest.
Search Incidental to Lawful Arrest – a
person lawfully arrested may be searched for
dangerous weapons or anything which may
have been used or constitute proof in the
commission of the offense without a search
warrant.
Consented Search – the right against
unreasonable search and seizure may be
voluntarily waived by person being searched
provided:
3. there should be the existence of right
4. the person has knowledge on the
existence of such right
5. the said person had an intention of
relinquishing such right
Personal Property to be Seized or the
Subject of Search Warrant
a. Subject of the offense;
b. Stolen or embezzled and other proceeds,
fruits of the offense; or
c. Use or intended to be used as the means of
the commission of the offense.
Circumstances of Warrantless Search:
a. Warrantless search incidental to a lawful
arrest under Sec. 12, Rule 128 Rules of
Court (in flagrante delicto arrest)
- the search can only be legal if the arrest is
legal
b. Seizure of evidence in plain view/plain
view doctrine
c. Search of a moving vehicle (boat, ship,
aircraft and all types of vehicle)
d. Consented warrantless search
e. Customs search
f. Stop and frisk search (Pat down/ Terry
Search), and
- having reasonable suspicion that a person
is carrying a contraband
g. Airport Search
h. Custom Search – personnel of the Bureau
of Customs can conduct search to enforce
customs law or to regulate exports and
imports without securing a warrant
g. Exigent and emergency circumstances
Note: 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 rule not admitting
any unlawfully obtained evidence
against the accused is referred to "the
exclusionary rule" because the same is
said to be "the fruit of the poisonous
tree" (not included, evidences obtained
unlawfully)
VII. CRIMINAL INVESTIGATION – is
an art, which deals with identity and location
of the offender and provides evidence of his
guilt in criminal proceedings.
 Criminal Investigation is an art,
which deals with identity and
location of the offender and provides
evidence of his guilt in criminal
proceedings.
 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.
RA 7438 of April 27, 1992 – an Act
defining certain rights of person arrested,
detained or under custodial investigation as
well as the duties of the arresting, detaining
and investigating officers, and providing
penalties for violations thereof
Investigation – the systematic process of
identifying, collecting, preserving,
evaluating and presentation of information
and pieces of physical evidence for the
purpose of bringing the criminal offender to
justice.
NATIONAL BUREAU OF
INVESTIGATION (NBI)
 The National Bureau of Investigation
had its inception (establishment) on
13 November 1936 upon the
approval of Commonwealth Act
No. 181 by legislation.
 It was the brainchild of the late
President Manuel L Quezon and was
first organized as a Division of
Investigation (DI) patterned after the
United States Federal Bureau of
Investigation.
 Tasked with organizing a division of
Investigation or ID patterned after
the US FBI where Thomas Dugan, a
veteran American police captain
from the New York Police
Department and Flaviano C.
Guerrero, the only Filipino member
of the US FBI
 The Bureau assumes an increasingly
significant role as a law enforcement
agency, thus on 19 June 1947 and by
virtue of Republic Act No. 157 it
 was reorganized into the Bureau of
Investigation.
 The law was later amended by
Executive Order No. 94 issued on 4
October 1947 renaming it into what
it is presently known as the National
Bureau of Investigation (NBI).
 The NBI is a government entity that
is civilian in character, and national
in scope which is under the
Department of Justice.
 it is performing the principal
functions of detecting, investigating,
and prosecuting crimes towards the
end of preventing criminality.
PHILIPPINE DRUG ENFORCEMENT
AGENCY (PDEA)
 created by the virtue of Republic Act
9165.
 serves as the implementing arm of the
Dangerous Drug Board (DDB).
Dangerous Drug Board – policy making
body, creates plans to prevent and control
drug use which is implemented by the PDEA)
- Responsible for the efficient and
effective law enforcement of all the
provisions on any dangerous drug
and/or controlled precursor and
essential chemical as provided in RA
9165.
 headed by Director General with the
rank of Undersecretary, appointed
by the President.
 The head of the PDEA is assisted by
2 deputies Director General, with
the rank of Assistant Secretary, 1
for Operations and 1 for
Administration, also appointed by
the President.
Other Law Enforcement Agencies:
1. Land Transportation Office (LTO)
- Under the DOTr (Dept. of
Transportation)
Basic Functions:
o Licensing/ Issuance of Driver’s
License (Professional, non-
professional, military, international,
student permit)
o Registration of vehicle (Private, PUV,
Government, Diplomatic)
o Conducts Inspection for Vehicles
(road worthiness of vehicles)
o Public Relations – check if vehicle to
be purchased is legal or not
2. Bureau of Fire Protection;
3. Bureau of Customs;
4. Bureau of Internal Revenue;
5. Bureau of Food and Drugs; and
6. Optical Media Board (MTRCB)
7. Land Transportation Franchising and
Regulatory Board
8. Bureau of Fisheries and Aquatic
Resources – prevents illegal fishing
Second Pillar: Prosecution
The Prosecution Pillar takes care of
evaluating the evidences and formally
charges the suspects before the court. It
serves as the screening process on whether to
file a case based on evidences or dismiss the
same.
 It determines what particular
crime shall be formally filed and
present the burden of proof
against the suspected individual
in the court.
 this is also known as the “linking
pillar” between the law
enforcement pillar and the court.
 It serves as a screening pillar
because it filters and evaluates
the cases that can be brought to
court.
Prosecution Pillar is made up mainly of the
National Prosecution Service (NPS). Its main
functions are the following: conduct inquest
proceeding, determine probable cause
through preliminary investigation, issues
subpoena, administers oath, recommends the
dismissal and or filing of criminal charges,
prosecute criminals, and represent the State
in all criminal proceedings.
E – Evaluate (screen complaints before
filing in court and issuing information)
F – File (file information in court after
determining probable cause)
P – Prosecute (act as lawyers of the
state and to provide evidence to prove the
guilt of the accused)
Prosecutor – has the burden of proof
(Adversarial approach)
Prosecution - party in a criminal
proceeding who instituted the criminal
action.
Defense - party against whom the
criminal action was instituted.
Note: In all criminal prosecutions, the real
offended party is the People of the
Philippines, for a crime is an outrage against,
and its vindication is in favor of, the people
in a sovereign state. Thus, all criminal cases
are titled “People of the Philippines vs.
_____(the name of the accused). And the
victim becomes witness of the state
WHO IS A PROSECUTOR?
A Prosecutor (Fiscal) is a public officer
having an authority to conduct legal actions
concerning the complaint filed at his office
and perform other prosecution functions as
provided by law.
Basic Law affecting Prosecution
PD 1275 issued on 11 April 1978
Reorganizing the Prosecution Staff of the
Department of Justice and the Offices of the
Provincial and City Fiscals, Regionalizing
the Prosecution Service, and Creating the
National Prosecution Service.
PROSECUTION AGENCIES
1. Government agencies
a. National Prosecution Service
b. Office of the Solicitor General
(State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State
Prosecutor
e. Office of the Provincial, City, and
Municipal
Prosecutors
f. Public Attorney’s Office
2. Non-Government prosecuting
agencies
1. Integrated Bar of the
Philippines (IBP)
2. Citizen’s Legal Assistance
Office (CLAO)
3. And other legal aid lawyer
association
FUNCTIONS OF THE PROSECUTION
AGENCIES
The prosecution service has the
following general functions:
1. Evaluate the police findings
referred to them, or other
complaints filed directly with
them by individual persons;
2. File corresponding criminal
complaints or information in the
proper courts on the basis of their
evaluation on the proofs at hand;
and
3. Prosecute all alleged offenders in
court, in the name of the people of
the Philippines.
NATIONAL PROSECUTION SERVICE
(NPS)
- This is the Central Prosecuting
Agency in the Philippines
 Created by virtue of PD 1275 and is
under the supervision and control of
the Department of Justice (DOJ). It
occupies the forefront of the
prosecution pillar. It runs a national
 organization consisting of different
levels of prosecutors tasked to
undertake investigation and
prosecution of cases involving
violations of penal and special laws.
 Under the supervision and control of
the DOJ and is tasked as the
prosecutorial arm of the government
headed by Prosecutor General.
 It’s the most important function in
the CJS 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 RPC,
Presidential Decrees, and other SPL
 Conducts preliminary investigation,
determines probable cause, issue
information
Roles of the Prosecutor:
a. To conduct Preliminary
Investigation
Preliminary Investigation – it is an inquiry
or proceeding for the purpose of determining
whether or not probable cause is present. It
is required when the imposable penalty for
the crime charged is at least 4 years, 2
months and 1-day imprisonment without
regard to the fine. It is intended to secure the
innocent against hasty, malicious and
oppressive prosecution and to protect him
from an open public accusation of crime. It
is further intended to protect the State from
useless and expensive trial.
 an inquiry (done by prosecutor) or
proceeding for the purpose of
determining whether there is
sufficient 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 (Sec. 1, Rule 112, Rules of
Court)
 Conducting PI is an observance of
due process
Can a person arrested without a warrant
request for Preliminary Investigation?
A: yes, but he must sign a waiver for
Art. 125 (Arbitrary Detention)
Probable Cause - the existence of such
facts and circumstances as would excite
a belief in a reasonable mind, acting on
the facts within the knowledge of the
prosecutor, that the person charged is
guilty of the crime for which he is
prosecuted - such facts and
circumstances (presented by both
parties) which would lead a reasonably
discreet and prudent man to believe that
an offense has been committed by the
person sought to be arrested.
o Without Probable Cause  dismiss
(file petition for review)
o With Probable Cause  file
information
Purpose/Objectives of Preliminary
Investigation
1. to determine whether a crime has been
committed and whether there is probable
cause to believe that the accused is guilty
thereof;
2. to secure the innocent against hasty,
malicious and oppressive prosecution.
3. to protect the State from useless and
expensive trials
Instances when preliminary investigation
is not required to be conducted even if the
crime is one that requires PI
- when the offender was arrested
without a warrant, an inquest
investigation will be conducted by
the inquest investigator. there is no
need to conduct PI, unless the person
arrested asked for PI. However,
before the same can be done, he must
sign a waiver under the provision of
Art. 125 of the RPC
b. make proper recommendation during
the inquest of the case referred to them
by the police after the investigation of
the suspect;
Persons Authorized to Conduct
Preliminary Investigation
 Provincial or City Prosecutors and
their assistants;
 National and Regional State
Prosecutors; and
 Other officers as may be authorized
by law such as COMELEC (cases
involving election matters),
OMBUDSMAN (graft, corruption,
plunder),
Note: The Office of the Ombudsman is not a
court. It is a special prosecutor for special
cases such as those cases involving public
officer/official for crimes related to their
official function (graft/corruption)
- Cases filed by the ombudsman will
go to Sandiganbayan
 PCGG (sometimes the senate and
congress becomes a quasi-judicial
body)
Other officers authorized by law to
conduct Preliminary Investigation
 The Ombudsman and special
prosecutor and prosecutors duly
authorized by the Ombudsman with
respect to cases under its jurisdiction
 The COMELEC with respect to
cases in violation of the Election
Law;
 Private lawyers when duly deputized
by any of the above
Inquest Proceeding – is an inquiry made by
the duty prosecutor to determine the legality
of the arrest made especially those arrests
made without a warrant.
o inquest proceeding is only conducted
for people who had been arrested by
virtues of warrantless arrest.
o In such case, the person apprehended
can request for preliminary
investigation but PI takes months
whereas the inquest proceeding is
hasty.
This process requires the prosecutors to
resolve the complaint the police filed in a
prescribed period which varies depending on
the gravity of the offense: (12 – 18 – 36)
1. Light Penalties – 12 hours
2. Correctional Penalties –
18 hours
3. Afflictive Penalties – 36
hours
c. to represent the government or state
during the prosecution of the case against
the accused;
d. 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 the State Prosecutors, Provincial
 o Once the Prosecutor (fiscal) accepts
Inquest Preliminary a case, he will conduct a preliminary
Proceeding Investigation investigation
Process of finding Process of finding
probable cause probable cause Note: PI is mandatory for cases with a
Issues information Issues information penalty of 4y, 2m and 1d
Applicable for Applicable before
warrantless arrest arrest o If there is probable cause, the fiscal
Prosecutors, including the support staff of will then issue an information and it
the NPS is then filed in court.

Complaint - it is a sworn written statement Note: in the information, the victim is no

charging a person with an offense, longer the complainant but it is then changed
subscribed by the offended party, any peace to People of the Philippines.
officer or other public officer charged with Process (applicable for warrant of arrest)
the enforcement of the law violated
Complaint (1st charging/ subscribed by the
 filed by the offended party offended party) {10 days}  submit to
 filed in the prosecutor's office fiscal (fiscal sends subpoena to respondent)
Information - an accusation in writing {10 days}  counter-affidavit (subscribed
charging a person with an offense, by the respondent sent to complainant and
subscribed by the prosecutor and filed with fiscal) {10 days}  reply (subscribed by
the court. complainant sent to respondent and fiscal)
{10 days}  rejoinder (subscribed by the
 done once probable cause has been respondent sent to complainant and fiscal)
established based on the evidence {10 days}
and preliminary investigation
 After Rejoinder:
Complaint Information - Fiscal sees Probable Cause (issues
Sworn statement Need not be sworn resolution)  files information in
Subscribed by the Subscribed by the court.
offended party, any fiscal
- Fiscal did not find Probable Cause
peace officer or
public officer  dismiss case
charged with the  10 days – interval given to
enforcement of the respondent/complainant to send their
law violated affidavits (complaint, counter-affidavit,
etc.)
it may be filed it is filed with the  10 days refers to calendar days it
either in court or in court includes Saturday and Sunday
the prosecutor's
office Process (applicable for warrantless arrest)
The Prosecution Pillar as a Process Crime (inflagrante delicto / hot pursuit) 
Where shall we file a complaint? warrantless arrest  “lock up jail”  arrest
affidavit  inquest proceeding (determine
 Prosecutor legality of arrest 12 – 18 – 36)  prosecutor
sees probable cause  information (filed in
court)  court (defendant guilty)  court
issues commitment order  Correctional
Facility
Affidavit – statement of facts under oath.
Summon – a writ, directed to the sheriff or
other proper officer, requiring him to notify
the person named that an action has been
commenced against him in the court and that
he is required to appear, on the day named,
and answer the complaint in such action and
that judgment will be taken against him if he
fails to answer the complaint.
 directed to the defendants, signed by
the clerk of court under seal and
contain (a) the name of the court and
the names of the parties to the action;
(b) a direction that the defendant
answer within the time fixed by these
Rules; (c) a notice that unless the
defendant so answers plaintiff will
take judgment by default and may be
granted the relief applied for (Sec. 2,
Rule 14, Rules of Court)
Subpoena – an order issued by the court
directed to a person requiring him to attend
and to testify at the hearing or the trial of an
action, or at any investigation conducted
under the law, or for the taking of his
deposition (Sec. 1, Rule 23, Rules of Court)
o Subpoena Ad Testificandum –
compelling the attendance of a person
to testify.
- Testify only (asked to say/talk about
particular case)
- Given to ordinary witness
o Subpoena Duces Tecum – a witness
ordered to produce document in court
- given to expert witness
Authorized to issue subpoena: courts,
prosecutors, chief PNP, chief CIDG
Some of the Reasons for Prosecutorial
Rejection or Dismissal of some Criminal
Cases
Insufficient Evidence - that results from a
failure to find sufficient physical evidence
that links the defendant to the offense.
o Released for Further Investigation
(RFI)
Witness Problem - that arise for example,
when a witness fails to appear, gives unclear
or inconsistent statements, is reluctant to
testify, is unsure of identity of the offender
o we cannot compel the members of
the community to participate
Due Process Problems that involves the
violations of the Constitutional requirements
for seizing evidence and for the questioning
of the accused.
o arrest or investigation must be
constitutional
Prosecutorial Discretion
o is the prudent use of judgment being
exercised by the investigating fiscal
or prosecutor in determining the
existence of probable cause during
preliminary investigation.
Bail - defined as the security given for the
release of the person in the custody of the
law, furnished by him or the bondsman, to
guarantee his appearance before any court as
required under the conditions as specified.
- the purpose of bail is to secure the
appearance of the accused before the
court when so required and to
provide the accused of his temporary
liberty while awaiting the processing
and disposition of the case filed
against him.
 - a bail is a matter of right and
discretion
Bail as matter of Right
 st
before or after conviction of the 1
level courts (MTC, MCTC, MeTC)
 before conviction (case still ongoing)
by the RTC of the offense not
punishable by life imprisonment,
reclusion perpetua (not heinous
crimes, i.e., murder)
ex. Those undergoing trial for homicide
can post bail.
Note: exception to the rule – a person can
apply bail for murder or rape cases if
evidence of guilt is not strong
Bail as a matter of discretion (this can be
denied by court. Decision depends on court)
 before judgment of conviction by the
RTC of an offense punishable by
death, life imprisonment, reclusion
perpetua and the evidence of guilt is
strong.
 After judgment of conviction by the
RPC of an offense punishable by
death, life imprisonment, reclusion
perpetua.
 After the judgment of conviction by
the RTC and the penalty imposed is
exceeding 6 years but less than
death, life imprisonment, reclusion
perpetua or any of the following bail
negating circumstances is present.
- Recidivist, quasi-recidivist, habitual
delinquent
- Previously escaped
- Committed offense while under
probation, parole, conditional pardon
- Probability of flight
- There is undue risk that he may
commit another crime
KINDS OF BAIL (PCCR)
1. Property Bond – real estate
2. Corporate Surety (company/business) –
loan/bail from corporation
3. Cash Deposit/ Bond – depends on the case
and status of the person
4. Recognizance – the court may release an
accused in custody of the law upon himself
or that of a responsible person in the
community at the discretion of the court
provided that the offender is minor, a first
time offender, or the crime committed is
only light offense. This is the direct ancestor
of probation.
 This is also known as “free-bail” this
is meant for indigent people (for less
fortunate citizens with penalty of RA
6036 –release on recognizance law)
THIRD PILLAR: COURT
Court, as the third pillar, is said to be the
centerpiece of the criminal justice system
and its primary and most important function
as a component of the criminal justice
system is to decide whether the accused is
guilty or not guilty of the crime he is
accused of committing.
It is within the power of this pillar to end the
process for the accused or to proceed with
the next pillar, which is correction.
 The Courts occupy the third pillar of
the CJS. It is the most sensitive
phase of the criminal justice system
where fair and open trial is
conducted. It is the forum where the
prosecution is given the opportunity
to prove that there is a strong
evidence of guilt against the accused.
  It is the last citadel of hope for fair
administration of justice.
 An organ of the government
belonging to the judicial department
whose function is the application of
the laws to controversies brought
before it and the public for the
administration of justice.
GENERAL FUNCTIONS OF THE
COURT IN RELATION TO THE CJS
1. 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 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.
3. To dispose properly of those
convicted of the crimes.
- the Courts have the responsibility to
examine the background of the
accused and the circumstances of the
crime.
- the court will decide whether to
approve probation.
- law on probation P.D. 968
4. 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 order to
protect the safety of life and property
and this is especially true in case of
Probation
5. 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 and also serve as an
example and deterrent to others who
would commit criminal acts or
threaten public safety.
Major Powers of a Court / Power of
Judiciary
Judicial Power - the power to apply the
laws to contests or disputes concerning
legally recognized rights or duties of and
between the state and the private persons or
between individual litigants in cases
properly brought before the judicial
tribunals.
It is vested in one Supreme Court and in
such lower courts as may be established by
law
 courts have the judicial power
Power of Judicial Review - the power of
the Supreme Court to determine whether
laws passed by Congress and acts of the
President are in accordance with the
Constitution when the matter is raised.
 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 (the constitution).
Through such power, the Supreme
Court particularly, enforces and
upholds the supremacy of the
Constitution.
Note: all courts have judicial power but only
the Supreme Court has the power of Judicial
Review
Supreme Court - supreme law of the land
Power of Judicial Independence – the
freedom from interference (if a court decides
or renders judgement on a case, no one can
meddle)
Judge – is an officer so named in his
commission who presides in some court; a
public officer; appointed to preside and to
administer the law in court of justice.
Jurisdiction vs Venue
Jurisdiction - authority of the court to hear
and try a particular offense and to impose
the punishment provided by law (power)
Venue - refers to the place, location or site
where the case is to be heard on its merits
note: jurisdiction of the court depends on the
penalty and the person (ex. if it's a gov
employee - sandiganbayan)
Requisites for a Valid exercise of criminal
jurisdiction:
1. The offense is one which the court is by
law authorized to cognizance of
2. The offense must be committed within its
territorial jurisdiction
3. The person charged with the offense must
have been brought to its presence for trial,
forcibly, by warrant of arrest or upon his
voluntary submission to the court.
Kinds of Jurisdiction
1. General - when the court is empowered
to decide all disputes which may come
before in except those assigned in other
courts.
2. Limited - when the court has the
authority to hear and determine only a few
specified cases (CTA, Shari'a)
3. Original - when the court can try and
hear a case presented for the first time
(lower courts)
4. Appellate - when the court can try a case
already heard and decided by a lower court,
removed from the latter by appeal (CA,
RTC)
5. Exclusive - when the court can try and
decide a case which cannot be presented
before any other court (ex. plunder -
sandiganbayan)
6. Concurrent - when any of two or more
courts may take cognizance of a case
The Philippine Judiciary
Batas Pambansa Blg. 129 - otherwise
known as the Judiciary Reorganization
Act of 1980 which defines the organization,
composition and jurisdiction of the courts.
Types of Courts
1. Regular Courts/ Trial Courts – courts that
conducts trial {MTC, MCTC, MTCC, RTC)
2. Appellate Courts – reviews the decisions
of the lower courts {RTC, CA, CTA}
3. Special Courts – courts that handles
specific cases {Sandiganbayan, CTA,
Shari’a}
4. Quasi-Judicial Courts – COMELEC,
National Labor Relations Commission
(NLRC), Energy Regulatory Commission
(ERC), NAPOLCOM, CSC, Military Courts
Quasi-Judicial Bodies – they are hearing
administrative cases against policemen.
These include People’s Law Enforcement
Board (PLEB), Internal Affairs Service
(IAS), National Police Commission
(NAPOLCOM), and Commission on Human
Rights (CHR)
 Hierarchy of Courts
Supreme Court (SC – 15)
- the highest court of the land
- Composed of a Chief Justice and 14
Associate Justices
- Has appellate jurisdiction over cases
decided by the Court of Appeals and
Sandiganbayan and has the power of
judicial review
- Also known as the court of last resort
- Has general jurisdiction which
means it can hear all cases
Court of Appeals (CA – 69)
- Second highest court
- Headed by a Presiding Justice and
composed of sixty-eight (68)
Associate Justices
- Has appellate jurisdiction over cases
decided by the Regional Trial Court
and Court of Tax Appeal
- It reviews not only the decisions and
orders of the Regional Trial Courts
nationwide, but also those of the
Court of Tax Appeals
Sandiganbayan (21) - a trial court but
called "justice”
- Created under Presidential Decree
No. 1606
Note: PD are laws during the time of Marcos
/ Martial Law
- its rank or level is equal to that of the
Court of Appeals and Court of Tax
Appeals
- It is composed of a Presiding
Justice and twenty (20) Associate
Justices
- This special court is tasked to handle
criminal cases involving graft and
corruption (RA 3019), plunder (RA
7080) and other offenses committed
by high-ranking public officers and
employees in connection with the
performance of their functions.
- It has original exclusive jurisdiction
over public officers accused of
committing crimes in relation to their
official functions and whose salary
grade is 27 (Php 128,000.00) and
above.
Note: the office of the ombudsman will
conduct a PI. it is not a court; its function is
the same as the prosecutor but they
prosecute public officers
- has appellate jurisdiction over final
judgments, resolutions or orders of
the Regional Trial Court whether in
the exercise of their original or
appellate jurisdiction over crimes
and civil cases falling within the
original exclusive jurisdiction of the
Sandiganbayan but which were
committed by public officers below
Salary Grade 28
Court of Tax Appeals (CTA – 9)
- Created by RA 1125, as amended by
RA 9282
- Its rank or level is equal to that of the
CA and Sandiganbayan
- It is composed of a Presiding
Justice and eight (8) Associate
Justices
- it has both the original and appellate
jurisdictions over civil and criminal
tax cases involving National Internal
Revenue Code (BIR), Tariff and
Customs Code (BC) and the Local
Government Assessment Code
 Shari'a Courts
- Created pursuant to PD 1083
otherwise known as the Code of
Muslim Personal Laws of the
Philippines
- Court of limited jurisdiction
 Shari'a District Courts are
presided by District Judges
 Shari'a Circuit Courts are
presided by Circuit Judges
- Has exclusive jurisdiction over cases
that pertain to family rights and
duties as well as contractual relations
of Filipino Muslims
- Decisions of this court are final
(cannot be appealed)
Regional Trial Courts
- resided by a Regional Judge (every
branch = 1 branch)
- Has general jurisdiction over
criminal cases and has jurisdiction
over offenses punishable with the
imprisonment of six (6) years and
one (1) day and over.
- Has appellate jurisdiction over case
decided by the MTCC, MTC, MeTC,
and MCTC
Municipal Trial Courts / Municipal Trial
Courts in Cities/ Municipal Circuit Trial
Court / Metropolitan Trial Court
Original Jurisdiction:
(a) all violations of city and municipal
ordinances,
(b) all offenses punishable with
imprisonment not exceeding (6) years
irrespective of the amount of fine,
(c) damage to property through criminal
negligence.
Municipal Trial Courts
- Every municipality in the Philippines
has its own MTC and every MTC
covers only one municipality
Municipal Trial Courts in Cities
- They are the equivalent of the MTC
in cities outside Metropolitan Manila
Municipal Circuit Trial Courts
- MCTC is a municipal trial court
which covers two or more
municipalities
factor:
1. one adjoining municipalities has low
crime rate, one court can be used and have
jurisdiction over the two municipalities
this can be cost-effective
Metropolitan Trial Courts
- MTC in cities in the Metropolitan
Manila Area as distinguished from
other political subdivisions in the
Philippines
Certiorari – the higher court issuing a writ
directing the lower jurisdiction to forward
all records and proceeding for review or trial
for issues in question.
Judicial and Bar Council – a body created
by the 1987 Philippine Constitution under
the supervision of the Supreme Court. It has
the principal function of recommending
appointees to the judiciary.
 All justices and judges are appointed
by the President from a list of at least
3 nominees prepared by the Judicial
Bar and Council
JBC Members
 Chief Justice of the Supreme Court
 JBC ex-officio chairperson
Ex-Officio Members
1. Secretary of Justice
2. Member of the Legislative
Regular Members
1. Retired Supreme Court Justice
2. Representative from the Academe
3. Representative from the private sector
4. Representative from the Integrated Bar of
the Philippines (association of lawyers)
Criminal Proceedings – a criminal
proceeding consists of five main stages or
parts:
1. Arraignment - the reading of the
criminal complaint or information to the
defendant, by the judge or clerk of court,
and the delivering to him a copy thereof,
including a list of witnesses, and asking him
whether he pleads guilty or not guilty as
charged
- It is made in open court by the judge
or clerk of court furnishing the
accused of the copy of the complaint
or information, reading the same in
the language or dialect known to him
and asking him whether he pleads
guilty or not guilty.
 accused must be personally present
Plea – the response of the accused when
asked whether he is guilty or not guilty of
the offense charged. It is two kinds:
1. Guilty Plea, which must be unconditional
2. Not Guilty
 if answer is guilty there will be no
pre-trial or trial it will be directed to
judgment
Note: an accused’s silence is presumed to be
an answer of not guilty
Motion to dismiss - term used in civil cases
Motion to quash - term used in criminal
cases
3.Pre-trial – it is a conference among
litigants and their respective lawyers made
with the judges for the purpose of plea
bargaining, stipulation of facts, marking for
identification of evidence of the parties,
waiver for objection of admissibility of
evidence, modification of order of trial if the
accused admits the charge but interposes a
lawful defense, or such other matter as will
promote a fair and expeditious trial of the
criminal and civil aspect of the case.
 both parties and the judge will talk
 presentation, marking of evidence,
objection
 mandatory in all criminal cases
The following are to be taken up during the
conference:
a. plea bargaining
b. stipulation of facts
c. marking for identification of evidence of
the parties
d. waiver of objections to admissibility of
evidence
e. modification of the order of trial if the
accused admits the charge but interposes
a lawful defense
f. such other matters as will promote a fair
and expeditious trial of the criminal and civil
aspects of the case
Plea Bargaining - the process whereby the
accused, the offended party and the
prosecution work out a mutually satisfactory
disposition of the case subject to court
approval
 allowed in drug cases but has
requisites
Note: you cannot present an evidence during
the trial without marking it during the pre-
trial
4.Trial – the examination before a
competent tribunal, according to the laws of
the land, of the facts and issues of the case,
for the purpose of determining such issue.
 The examination before a competent
tribunal, according to the laws of the
land of the facts put in issue in a
case, for the purpose of determining
such issue.
 It is the period for the introduction of
evidence by both parties.
 The period for the introduction of
evidence by both parties
 It shall in no case exceed 180 days.
the first day of the trial, except as
otherwise provided by the Supreme
Court
Order of Trial
1st  presentation of evidence (prosecutor)
- the prosecutor will go first because the
proof of beyond reasonable doubt lies upon
them
a. Direct – witness + prosecutor
b. Cross – witness + defense council (to test
the credibility of the witness)
c. Redirect – clarification for prosecutor
d. Recross – clarification questioning for
defense counsel.
2nd  defense will present the evidence
a. Direct – witness (other party) + counsel
b. Cross – witness + prosecutor (test
integrity)
c. Redirect – clarification for defense
counsel
d. Recross – clarification for prosecutor
3rd.  Rebuttal (prosecutor)
4th  Sur-rebuttal (defense counsel)
4.Judgment– the adjudication by the court
that the accused is guilty or not guilty of the
offense charge, and the imposition of the
proper penalty and civil liability provided for
by the law on the accused.
Note: the judgment must be written in the
official language, personally and directly
prepared by the judge, signed by him, and
should contain clearly and distinctly a
statement of the facts and law upon which it
is based.
 Judgment of Conviction – it shall
state; (a) the legal qualification of the
offense constituted by the acts
committed by the accused and the
aggravating and mitigating
circumstances which attended its
commission, (b) the participation of
the accused, whether as principal,
accomplice or accessory, (c) the
penalty imposed upon the accused,
and (d) the civil liability or damages,
if any, unless the enforcement of the
 civil liability has been reserved or
waived by the offended party.
 Judgment of Acquittal – it shall
state the; (a) whether the evidence of
the prosecution absolutely failed to
prove the guilt of the accused or
merely failed to prove it beyond
reasonable doubt, and (b) if the act or
omission from which the civil
liability might arise did not exist.
Promulgation of Judgment – is an official
proclamation or announcement of the
decision of the court. The judgment is
promulgated by reading in the presence of
the accused and any judge of the court in
which it was rendered.
A Judgment Becomes Final:
1. when the period for perfecting appeal an
appeal has lapsed;
2. when the sentence is partially or totally
satisfied or served;
3. when the accused expressly waives in
writing his right to appeal; and
4. when the accused applies for probation
- if one files an appeal he cannot file for
probation and vice versa
appeal - did not agree with the judgment
probation - agreed with the judgment
5.Appeal – it is the resort to a superior court
to review the decision of an inferior court.
 the elevation by an aggrieved party
of any decision, order or award of a
lower body to a higher body, by
means of a document which includes
the assignment of errors,
memorandum of arguments in
support thereof, and the relies prayed
for.
 an appeal must be within fifteen (15)
days from promulgation of
judgment, the period for perfecting
an appeal the accused may or may
not appeal his case
 when the accused decides not to
appeal his case, the decision
becomes final and executory
 on appeal, the State is represented by
the Solicitor General (role of the
prosecutor ends after the decision, in
appealing the SG will act as
prosecutor/lawyer of the
complainant)
 In cases decided by the Municipal
Trial Court, Municipal Circuit Trial
Court, or Metropolitan Trial Court,
appeal is taken to the Regional Trial
Court.
 In cases decided by the RTC, appeal
is taken to the Supreme Court if the
issue involves only the question of
law, and to the Court of Appeals if
the issue involves the question or
fact or mixed question of fact and
law.
 In cases decided by Court of
Appeals, appeal is taken to the
Supreme Court. The cases decided
by the Supreme Court is already final
because it is the highest court of the
land.
Extinction of Criminal Liability (Art. 89,
RPC)
Mnemonic: DSA-PaPcPp-M
Total Extinction
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute Pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the offended woman
(in good faith)
Prescription of crime – the forfeiture or
loss of the right of the State to prosecute the
offender after the lapse of a certain time
fixed by law
Prescription of penalty – the loss or
forfeiture of the right of the government to
execute the final sentence after the lapse of a
certain time fixed by law.
Partial Extinction
1. Conditional pardon
2. Commutation of sentence
3. Good conduct time allowance during
confinement
4. Parole
5. probation
FOURTH PILLAR: CORRECTIONS
 Corrections is the fourth component
of the criminal justice system. It is
the branch of administration of
criminal justice charged with the
responsibility for the custody,
supervision and rehabilitation of
convicted offenders. It also deals
with punishment, treatment and
incarceration of offenders.
Note: the correction pillar will only enter the
picture if the judgment is conviction
Penology - branch of criminology
corrections - pillar of CJS
Corrections vs Penology
Corrections - that branch of administration
of criminal justice charged with the
responsibility for the custody, supervision
and rehabilitation of convicted offenders.
Penology - a branch of criminology which
deals with the treatment, management and
administration of inmates (PDL)
poena - pain or suffering
poenalis - punishment
logia - study of
Institutional vs Non-Institutional
Institutional - refer to the institutionalized
form of rehabilitation, such as prisons and
jails
 Offenders will be treated,
rehabilitated inside the correctional
facility (BJMP/BuCor)
Non-institutional - also called as
"community-based corrections" refer to the
alternative forms of corrections done outside
of the institutions for corrections
 service of sentence in the
community, outside of correctional
facility
Time When Corrections enter into the
picture in the administration of CJS
 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 ORDER 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 Order – a warrant issued by the
court bearing its seal and the signature of the
judge directing the jail or prison authorities
to receive the convicted offender for service
of sentence.
 Offender is convicted
Commitment Order – a written order of a
court or authority consigning a person to jail
or prison for detention.
 Accused is not convicted. Only jailed
for detention.
 Applicable to those who cannot post
bail
Purposes/Objectives of Modern
Corrections
1. Retribution - imprisonment is supposed
to be the payment of the offender to the
victim or the victim's family for the crime he
committed against him or them
2. Deterrence - imprisonment is supposed to
discourage convicted offenders from
committing crimes again because of their
experience in the prison or jail
 at the same time, imprisonment is
supposed to discourage
Forms of Deterrence
 Specific Deterrence - applies to the
individual who committed an offense
o applied to someone who
already committed an
offense/ unlawful act
o someone who has been
punished/penalized
o punishment has an impact to
the specific offender
 General Deterrence - applies to other
potential offenders/Felon (would-be
offender/ society)
o people deter from committing crime
simply from observing the
punishment
o given to someone who has been
punished for a certain crime the first
time
deters public from committing crime3.
Isolation - convicted offenders are separated
from society to prevent them from
committing another crime
 at the same time, imprisonment
protects law-abiding citizens from
the harm criminals may inflict on
them
4. Reformation - this involves the use of
punitive and disciplinary measures such as
solitary confinement to modify or reform
criminal behavior whose conduct and
deportment is not totally responding to
rehabilitation programs
5. Rehabilitation - based on the premise
that through correctional intervention, such
as educational and vocational training and
psychotherapeutic programs, an offender
may be changed.
6. Reintegration - the effort of correction to
change criminal behavior should result in a
situation and ability on the part of the
penitent offender to return to society in some
productive and meaningful capacity in a free
community
Justification for Penalties
1. Prevention - the state punishes the
criminal to prevent or suppress the danger to
the State and to the public arising from the
criminal acts of the offender
2. Self Defense - the State punishes the
criminal as a measure of self-defense to
protect society from the threat and wrong
inflicted by the criminal
3. Reformation - the State punishes the
criminal to help him be reformed or be
rehabilitated.
4. Exemplarity - the State punishes the
criminal to serve as an example to others
and discourage others from committing
crimes (general deterrence)
5. Justice - the State punishes the criminal
as an act of retributive justice, a vindication
of absolute right and moral law violated by
the criminal
Juridical Conditions of Penalty
1. Judicial and Legal - penalty must be
imposed by the proper authority and by
virtue of a judgment as prescribed by law
Bill of Attainder – a legislative act which
inflicts punishment without trial. Its essence
is the substitution of a legislative act for a
judicial determination of guilt.
Ex Post Facto Law – an act which when
committed was not a crime and cannot be
made so by statute without violating the
constitutional inhibitions (prospectivity) as
to ex post facto law.
 To put it simply, the law cannot
criminalize an act done before
passing of the law and which was
innocent when done (not yet
criminalized)
- only the court that is mandated to
give judgment based on the
prescribed law
2. Definite - penalty must be specific and
exact
Ex. RP (20 y & 1 d to 40 y)
3. Commensurate - penalty must be
proportional to the gravity or seriousness of
the crime committed
- light, grave, less grave
4. Personal - penalty must be imposed only
to the person who actually committed the
crime with no substitutes (i.e. A cannot
answer for Bs crime)
5. Equal - penalty must be applied to all
who committed the offense
Institutional Correctional Agencies in the
Philippines
1. BUREAU OF CORRECTIONS
(BUCOR)
 An attached agency of the
Department of Justice
 principal task is for the rehabilitation
of prisoners
 created pursuant to Act No. 1407,
otherwise known as the
Reorganization Act of 1905,
enacted on November 1, 1905 as an
agency under the Department of
Commerce and Police
 Was renamed Bureau of
Corrections (BuCor) pursuant to
Executive Order No. 292 dated
November 22, 1989 (time of Cory
Aquino)
 Maintains its offices at the New
Bilibid Prison Compound in
Muntinlupa City
 Exercises over all control and
supervision of all the
corrections/prisons facilities
nationwide
  Has custody of prisoners sentenced
to imprisonment of 3y 1 d and above
OLD BILIBID PRISON (now: Manila
City Jail)
 The main penitentiary was
constructed in Azcarraga Street,
Manila 1847
 Was formally opened on 10 April
1865 by a Royal Decree later, it was
transferred to its new site in
Muntinlupa
Seven (7) Prisons and Penal Farms in the
Philippines
(under the supervision of BuCor)
1. San Ramon Prison and Penal Farm
 Originally established as prison for
people convicted of political crimes
 was established in Southern
Zamboanga on August 21, 1869
 was established during the tenure of
Governor General Ramon Blanco,
whose patrol saint the prison was
named after.
 Considered the oldest penal facility
in the Philippines
2. Iwahig Penal Colony
 Established on November 16, 1904
in Puerto Princesa City, Palawan
 Originally served as a depository for
prisoners who could not be
accommodated at the Old Bilibid
Prison in Manila
 Classified as a penal institution in
1907 by Virtue of Act No. 1723
 Founded by Governor Forbes
 Has 36,000 hectares total land area
 Considered as one of the best “open
institution”, only mutual trust and
confidence of wards and prison
authorities keep them together, there
being no walls (the penal colony of
no walls
3. Correctional Institution for Women
(CIW)
 Created by virtue of Act No. 3579
passed on November 27, 1929
 Located at Welfareville,
Mandaluyong City for women who
are sentenced for 3 years and up
 Established to accommodate female
prisoners the female prisoners from
the Old BIlibid Prison were
transferred to CIW on 14 February
1931.
4. Davao Penal Colony
 The first penal settlement founded
and organized under Filipino
Administration
 Founded by General Paulino
Santos
 Established in January 21, 1932 by
Virtue of Act No. 3732
 Located in the districts Panabo and
Tagum in Davao del Norte
 Used as a concentration camp for
American prisoners of war
5. New Bilibid Prison
 Originally was located in Manila
before it was transferred to
Muntinlupa City in 1935
 Officially named the New Bilibid
Prison on January 22, 1941
 Has three (3) security camps:
maximum (orange), medium (blue)
and minimum (brown)
New Bilibid Prison
Maximum Security - for those whose
sentences in twenty years and above
Medium Security - also called Camp
Sampaguita for those whose sentence is less
than twenty years
Minimum Security - also called Camp
Bukang Liwayway; for those who are
physically-handicapped, sixty-five (65)
years old and above, and those who have
only six (6) months remaining in their
sentence
 Has half-way house
Note: if a person gets transferred to the
BuCor he/she will go through the RDC
(Reception and Diagnostic Center)
6. Sablayan Prison and Penal Farm
 Established on September 27, 1954
by virtue of Presidential
Proclamation No. 72
 Located in Occidental Mindoro
 The facility where prisoners from the
New Bilibid Prison are brought for
decongestion purposes
7. Leyte Regional Prison
 Was established in January 16,
1973 by virtue of Presidential
Decree No. 28
 Situated in Abuyog, Southern Leyte
 Admits convicted offenders from
Region 6 and from the national
penitentiary in Muntinlupa
Institutional Correctional Agencies in the
Philippines
1. Bureau of Corrections (BuCor)
 An attached agency of the
Department of Justice (under the
Executive)
 Principal task is for the rehabilitation
of prisoners
 Maintains its offices at the New
Bilibid Prison Compound in
Muntinlupa City
 Exercises overall control and
supervision of all the
corrections/prison facilities
nationwide
 Has custody of prisoners sentenced
to imprisonment of more than three
(3) years
2. Provincial Jails - jails for the safekeeping
of prisoners at the capital of each province.
 Under the supervision and control of
the provincial governors.
 Created during American time
 Approach is not professional since
governors will appoint the Jail
Warden and the Jail Guards are job
orders
3. Bureau of Jail Management and
Penology (BJMP)
 created by virtue of Republic Act
6975, exercises supervision and
control over all district, city and
municipal jail nationwide. Formally
established on January 2, 1991
Classification of Prisoners
PD 29 - the law that classified prisoners
1. Detention Prisoners - those held for
security reasons, investigation, those
awaiting or undergoing trial and awaiting
judgment.
- persons held for security reasons
- persons held for investigation
- persons waiting for final judgment
- persons waiting for trial
2. Sentenced Prisoner - those convicted by
final judgment and are serving their
sentence.
- prisoners who are 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 1 day to 3 years
2.4. National or Insular Prisoners -
sentenced to 3 years 1 day to Reclusion
Perpetua or Life Imprisonment
Note: general term for both detention and
sentenced prisoners are Persons Deprived of
Liberty (PDL)
Prison vs Jail
Prison (BUCOR)
- derived from the Spanish word
"presidio"
- under the supervision of the national
government through the Bureau of
Corrections (BUCOR) and headed
by a Superintendent under the
Department of Justice
- has custody over convicted offenders
whose sentence is imprisonment of
three years and one day and above
prison is a penitentiary, an institution for
the incarceration of persons convicted of
major or serious crimes, usually more
than 3 years imprisonment. All inmates
incarcerated are convicted of a crime
Jail (BJMP)
- derived from the Spanish words
"jaula" and "caula"
- Provincial Jails are under the
administration of the Provincial
Government or Governor while city,
municipal, and district jails are under
the Bureau of Jail Management and
Penology (BJMP) and each is headed
by a Warden. It shall be respectively
headed by a Chief who shall be
assisted by two deputy chief, one for
administration and one for
operations, all of whom shall be
appointed by the President upon the
recommendation of the Secretary of
the DILG from among the qualified
officers with at least the rank of
Senior Superintendent in the service:
provided that in no case shall any
officer who has retired or is
restorable within 6 months from
his/her compulsory retirement age
be: provided, further, that the Chief
of the Bureau shall serve a tour of
duty not to exceed four years;
provided however, that in times of
war or other natural emergency
declared by the Congress, the
President may extend such tour of
duty.
- Has custody over convicted
offenders whose sentence is
imprisonment of three years or less
- has custody over offenders who are
in detention while undergoing
investigation, trial and awaiting
judgment
A jail is a place for locking-up of persons
who are convicted of minor offenses or
felonies who are to serve sentences imposed
upon them by a competent court, 3 years and
below imprisonment. It is also for
confinement of persons who are awaiting Forms of Punishment
trial or investigation of their cases.
1.Death penalty – capital punishment
Prison Jail
2.Imprisonment – Destierro
Bureau of Bureau of Jail
Corrections Management and 3.Fine or compensation
Penology
DOJ DILG 4.Civic duties
Headed by Headed by Warden Duration of Penalties
Superintendent
Convicted Convicted 1.Reclusion Perpetua – 20y & 1d to 40y
offenders serving offenders serving
sentence of 3 years sentence of less 2.Reclusion Temporal – 12y & 1d to 20y
or more than 3 years and 3.Prision Mayor – 6y & 1d to 12y
those who are under
investigation, 4.Prision Correctional – 6m &1d to 6y
awaiting judgment
or undergoing trial 5.Arresto Mayor – 30d & 1d to 6m
6.Arresto Menor – 1d to 30d
Type of Jails 7.Bond to keep the peace or fine
1.Lock-up Jail - a security facility, common Death Penalty
in police stations or precincts in urban
areas (cities) for temporarily detaining those CAPITAL OFFENSE or
persons being held for investigation or HEINOUS CRIME is an act, which under
waiting hearing of their criminal cases. the existing law at the time of its
commission, may be punished by death
2.Ordinary Jail - the type of jail commonly (although a lower penalty than death may be
found in every municipality or city; houses imposed after conviction). Death penalty
offenders awaiting court trial and those was re-imposed as a form of punishment for
convicted offenders who are serving their heinous crime by virtue of RA No. 7959,
sentence of imprisonment that does not otherwise called the Death Penalty Law
exceed 3 years; place where juvenile approved in January 2, 1994. When RA No.
offenders and the mentally insane people are 8177 (The Lethal Injection Law) was
usually detained while their transfer to other enacted, the execution of death penalty was
institutions are pending. changed from electrocution to lethal
3.Work House, Jail Farm or Camp - a injection.
facility that houses minimum custody NOTE: RA 9346 – ANTI DEATH
offenders who are serving short sentences; PENALTY LAW
inmates undergo constructive work
programs; provides full employment of
prisoners, remedial services and constructive
leisure time activities.
 Non-Institutional Corrections
1. Board of Pardons and Parole (BPP)
- grants parole and recommend to the
President the grant of any form of
executive clemency to deserving
prisoners or individuals
- reviews reports submitted by the
Parole and Probation Administration
and make necessary decisions
- a functional unit under the DOJ
2. Parole and Probation Administration
- originally called Probation
Administration and was created by
virtue of PD 968 of 1976 to
administer the probation system
- was renamed Parole and Probation
Administration by EO No. 292
- given the added function of
supervising prisoners who, after
serving part of their sentence in jails
or prisoners, are released on parole
with parole conditions
- an attached agency to the
Department of Justice
Note: a convicted person must apply
probation to the same court that gave
sentence
3. Department of Social Welfare and
Development (DSWD)
- renders services for CICL RA 9344,
Juvenile Justice and Welfare Act
of 2006, April 28, 2006
- probation for juvenile delinquents
Executive Clemency - the collective term
for absolute pardon, conditional pardon,
reprieve and commutation of sentence
Types of Executive Clemency
Mnemonic: P – A – R – C
P – Pardon - a form of executive clemency
granted by the President as a privilege
extended to convicts as a discretionary act of
grace
2 Kinds of Pardon
Absolute Pardon - refers to the total
extinction of the criminal liability of the
individual to whom it is granted without any
condition whatsoever and restores to the
individual his civil rights (enter into politics,
right to suffrage)
Conditional Pardon - refers to an
exemption of an individual, within certain
limits or conditions, from the punishment
that the law inflicts for the offense he has
committed resulting in the partial extinction
of his criminal liability
A – 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. It may be
exercised even before trial or investigation.
It looks backward and puts into oblivion
(forgets) the crime that has been committed.
It is proclaimed by the President with the
concurrence of congress.
R – Reprieve – a temporary stay of the
execution of sentence especially the
execution of Death sentence. The date of
execution of sentence is set back several
days to enable the Chief to study the petition
of the condemned man for the commutation
of sentence or pardon.
Note: this is not applicable in PH because
we don't have death penalty
- another prerogative exercised by the
President
 - generally, applied to death sentences
already affirmed by the Supreme
Court
C – Commutation of Sentence – an act of
clemency by which a heavier or longer
sentence is reduced to a lighter or shorter
term
- refers to the reduction of the duration
of a prison sentence
- another prerogative
(entitlement/right) of the President
Parole – a conditional release of a prisoner
after serving part (minimum) of his/her
sentence in prison for the purpose of
gradually reintroducing him/her to free life
under the guidance and supervision of a
parole officer.
- a procedure by which prisoners are
selected for release on the basis of
individual response and progress
within the correctional institution
and a service by which they are
provided with necessary control and
guidance as they serve the remainder
of their sentence within the
community
- provided by Act No 4103, the
Indeterminate Sentence Law, which
took effect on December 5, 1933
- this is granted by the Board of
Pardon and Parole (BPP)
- is French for “word” and is used in
the sense of “word of honk” (parole
d’ honneur). Thus, the released
prisoner would give his “word of
honor” that he would abide by the
terms of his conditional release.
Parolee – refers to a person who is released
on parole
Probation – is a disposition under which a
defendant after conviction and sentence, is
released subject to the conditions imposed
by the court and under the supervision of a
probation officer.
- It is a privilege granted by the court
to a person convicted of a criminal
offense to remain in the community
instead of actually going to prison
- Povided by PD No. 968, the
Probation Law of 1976
- Amended by RA 10707
Period of Probation – a term of
imprisonment of not more than one (1) year
shall not exceed two years of probation,
while all other cases shall have a probation
period of not exceeding six (6) years. When
the sentence imposes a fine only and the
offender is made to serve subsidiary
imprisonment in case of insolvency, the
period of probation shall not be less than nor
be more than twice the total number of days
of subsidiary imprisonment.
Probation Period – not more than two (2)
years if the sentence is imprisonment for one
(1) year or less. Not more than six (6) years
if the sentence is imprisonment for more
than one (1) year not more than six (6)
years.
Two Years - for those sentenced to a term
of imprisonment of not more than one year
(one year or less)
Six Years - for those sentenced to a term of
imprisonment of more than one year
Probationer – a person placed on probation
Probation Officer – one who investigates for
the court a referral for probation or
supervises a probationer or both. Currently
known as the Parole and Probation Officer
(PPO)
Probation Order – order of the trial court
granting probation
Progress Report – refers to the report
submitted by the Parole and Probation
Officer on the conduct of the
parolee/pardonee while under supervision.
Difference between Probation and Parole
Probation - applied at the court and granted
by judge
Parole - must serve minimum sentence
inside the institution before qualifying
court that grants probation: MTC or lower
court
Fifth Pillar: Community
Community – represent the entire people
cohesively organized and mobilized in
synchronized energy with the government to
help in the decision making and
participatory criminal justice administration
involvement to effectively address the law
and order concern of the society and its
people.
 It is known as the core of the
criminal justice system. It is the
largest and informal pillar.
 The Community also consists of the
existing social institutions such as
the family, school, church, mass
media, and NGOs.
Family – it is the basic, smallest, and most
important component of the community. It is
a group of people affiliated by consanguinity
and/or affinity.
Home – it is a component of community that
has well been called the cradle of human
personalities for in it the child forms
fundamental attitudes and habits that endure
throughout his life.
School – it is a component of community
that is an institution or place of instruction
or education. They are known as the second
home.
Church – it is a component of community
that is an institution of any denomination
which points out to the faithful relationship
to God and their fellowmen and who, by
work and example, leads them to moral life.
Role of the Community as the fifth pillar
of the CJS
- the community is understood to
mean as "elements that are mobilized
and energized to help authorities in
effectively addressing the law and
order concern of the citizenry
Sir Robert Peel: the police is the
community, the community is the police
The Responsibilities of the Community in
Relation to Law Enforcement
- as one of the pillars or component of
the CJS, the community with its
massive membership has vital
responsibilities in law enforcement.
The citizens can achieve these roles by:
a. Identifying offenders;
b. Giving data about the illegal activities and
cohorts of the criminals, and the
proliferation of organized crimes and
syndicates
c. Volunteering as witness;
d. adopting precautionary and remedial
measures to diminish crime.
Note: as what had been pointed out, crime
prevention is not the sole responsibility of
the police but is equally the concern of every
citizen in order to have a peaceful place to
live in.
Katarungang Pambarangay
(Village Justice)
PD 1293 - the law "creating a katarungang
pambarangay commission to study the
feasibility of resolving disputes at the
barangay level"
 promulgated on January 27, 1978
(Marcos time)
PD 1508 - the law "Establishing a System of
amicably settling disputes at the barangay
level"
Purpose - to decongest the court with their
backlogs from cases that can be settled
without the court's interference
RA 7160 - otherwise known as the Local
Government Code of the Philippines of 1991
 provides for the Revised
Katarungang Pambarangay Law
 enacted on October 10, 1991
Barangay -
Lupong Tagapamayapa - it is a body of
men created to settle disputes within the
barangay level.
 it is also referred to as LUPON
 the Lupon shall be composed of the
Barangay Chairman as the
Chairman of the Lupon and the
Brgy. Secretary as the Secretary of
the Lupon plus other members who
shall not be less than ten (10) but not
more than twenty (20)
 any resident of the barangay of
reputable character may be apointed
as member of the Lupon. Members
of the Lupon shall be appointed by
the Barangay Chairman
 the Lupon shall be constituted every
three years
 a Lupon member shall serve for a
period of 3 years
 Essentially, the Lupon must provide
a forum for matters relevant to the
amicable settlement of disputes for
the speedy resolution of disputes
Pangkat Tagapagkasundo (came from
Lupon)
 it shall act as the conciliation panel.
It is also referred to as PANGKAT
 it shall be composed of three (3)
members chosen from the members
of Lupon.
 They shall choose from among the
three of them; the Pangkat Chairman
and Pangkat Secretary
 the Pangkat shall be constituted
whenever a dispute is brought before
the Lupon
 the members of the Pangkat shall be
chosen by the parties of the dispute
from among the Lupon members. In
case of disagreement, the Barangay
Chairman shall draw lots.
What Matters Fall Under the Jurisdicton of
the Lupon?
1. Those involving offenses that are
punishable by the imprisonment of one year
and below (aresto menor), or a fine in the
amount of five thousand pesos and below;
2. Those involving parties that actually
reside or work in the same barangay;
3. Those involving marital and family
disputes;
- in case of RA 9262, the Brgy. will
issue a Barangay Protection Order
(BPO)
4. Those involving minor disputes between
neighbors
5. Those involving real properties located in
the barangay;
Venue for Amicable Settlement
 disputes between persons actually
residing in the same barangay shall
be brought for amicable settlement
before the Lupon of said barangay;
 those involving actual residents of
different barangays within the same
city or municipality shall be brought
in the barangay where the respondent
actually resides;
 all disputes involving real property
or interest shall be brought in the
barangay where the real property or
the larger portion is situated;
 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.
Procedure for Amicable Settlement
 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
Lupom.
Complainant - the person who filed the
complaint against the respondent
Respondent - the person who is being
complained of
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 judicial intervention
What shall the Chairman do upon receipt of
the complaint?
- The Chairman shall meet with the
respondent and complainant and
mediate. If 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
What Shall the Pangkat do after 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 parties
Within how many days should the Pangkat
settle the dispute?
- The Pangkat shall arrive at a
settlment of the dispute within fifteen
(15) days from its meeting. This
period may be extended for another
fifteen (15) days, at the discretion of
the Pangkat
- The Pangkat shall meet not later than
three (3) days after their constitution,
on the date set by the Chairman, to
hear both parties.
 - The Pangkat shall arrive at a
settlement of the dispute within
fifteen (15) days from its meeting.
This period may be extended for
another fifteen (15) days at the
discretion of the Pangkat.
- All amicable settlement shall be in
writing
Why Should Parties resort to amicable
settlement before going to the police?
- because it is 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 settlment has been reached as
certified by the Secretary (minutes), or
unless the settlement has been repudiated by
the parties"
 issuance of certificate to file action
RA 9283 – Intellectual Property
RA 9284 – Illegal Possession of FAs
RA 6981 – Witness Protection Program
RA 7080 – Plunder Law
RA 9160 – Anti Money Laundering (RA
9194)
RA 9344 – Comprehensive Juvenile Justice
System
RA 9346 – Abolition of the Death Penalty
RA 9285 - Alternative Dispute Resolution
I do not take credits to any of the information/notes given.
All of these are based off of the compiled notes that I’ve
took during discussions as well as the general information
from accessible sources online and the books that I
possess.
I give full rights and credits to the rightful owner to any of
these information. The listed personalities (juridical and
natural) were my sources for note-taking since I have
enrolled in their classes/discussion.

The amicable settlement shall have the force This learning material is made for self-review purposes
and effect of a final judgment of a court only. I do not intend to sell, copyright, and infringe any of
upon the expiration of ten (10) days from the the given information.
date of settlement.
Pertinent Laws
RA 9346 – Abolition of the Death Penalty
RA 8353 – Anti Rape Law
RA 7659 – Death Penalty Law
RA 9208 – Anti-Trafficking Act
RA 9165 – Comprehensive Dangerous
Drugs Act (RA 6425)
RA 9262 – Anti-Violence Against Women
and Children
RA 7610 – Child Abuse Law