Philippine Criminal Justice System

CRIMINAL JUSTICE
09/05/2022
SYSTEM
ERIC SAWATI CATTE, CCS, CSP

1
ERIC SAWATI CATTE, CCS,CSP
Criminal
• It refers to any person finally convicted
by a competent court in violation of
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criminal law. (Legal definition)
• A person who violated a social norm or
one who did an anti-social act. (social
definition)
• A person who violated rules of conduct
due to behavioral maladjustment.
(psychological definition) 2
© 2006 Network TwentyOne International

Pedro has been convicted for the
crime of rape on February 14, 2010.
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Is it mandatory that he should serve
his sentence on the same date?
No
Because the judgment is not final
3
WHO IS THE SUPERSTAR OF CJS?
ACCUSED/ CRIMINAL
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4
When does the judgment of competent
court becomes final?
A. When the 15 day period to appeal has been lapsed.
B. When he waives his right to appeal.
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C. When the accused applies for probation.
D. When he finally or totally served his sentence.
5
DESIGNATION OF PERSON FOR EACH
PILLAR
PILLAR DESIGNATION
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LAW ENFORCEMENT SUSPECT
PROSECUTION RESPONDENT
COURT ACCUSED
CORRECTION CRIMINAL
COMMUNITY EX-CONVICT
6
Concepts of crime, law, and
Justice - the 1987 Philippine Constitution
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created the three great powers of the
government, where one of the basic
repercussions is the separation of powers.
They are also considered to be the branches
of the government. These are the following
7
Legislative branch – consists of a Senate and
House of Representative. Power to create laws
lies in this branch.
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Executive branch – composed of the office of
the President. The President has the power to
create Presidential Decree during martial law,
Executive orders, Proclamation numbers, and
Administrative Orders that have power and
effect of laws.
Judicial branch – power to check and balance
the constitutionality of the laws created.
8
CRIME
• It refers to acts and omissions
punishable by criminal law. (Legal
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definition)
• An anti-social act which deviates or
violates social norms. (social definition)
• An anti social acts that is committed by a
person due to behavioral maladjustment.
(psychological definition)
9
Classification of crime
a. Offense – is an act or omission that is
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punishable by special laws.
b. Felony – is an act or omission that is
punishable by the Revised Penal
Code, the criminal law in the
Philippines.
c. Delinquency/misdemeanor – acts
that are in violation of simple rules
and regulations usually referring to 10
acts committed by minor offense. © 2006 Network TwentyOne International

Elements of Crime:
Any act or omission is considered a crime if the following elements are present:
1. There must be an act or omission

2. An act or omission is voluntary (dolo or culpa)
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Elements of crime by:
Dolo: Culpa:
a. freedom a. freedom
b. intelligence b. intelligence
c. intent c. negligence/imprudence
lack of skill or lack of
foresight
3. Act or omission be Punishable by law

11
Take note of the following;
• ACT – any bodily movement tending to produce some effect in
the external world. ( People v, Gonzales)
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• Omission – failure to a positive duty which one is bound to do.
( Luis B. Reyes RPC Book 1)
12
Stages in the Commission of Crime:
Attempted
a. offender commences the felony directly
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by overt acts
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
14
Frustrated
a. offender performs all acts of execution
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b. all these acts would produce the felony
as a consequence
c. BUT the felony is NOT produced by reason
of causes independent of the will of the
perpetrator.
15
Consummated
• when all the elements necessary for
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its execution and accomplishment are
present.
16
ANATOMY OF CRIME
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17
• Motive – refers to the reason or cause why
a person or group of persons will perpetrate
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a crime.
• Instrument – is the means or implement
used in the commission of the crime.
• Opportunity – consist of the acts of omission
and/or commission by a person which
enables another person or group of persons
to perpetrate the crime
18
Justice
• Principle of dealing with fairness; equality
in the application of law. The idea of giving
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each person his due as a matter of right
or treating person equally.
19
JUSTICE according to the Supreme Court
(SC) of the Philippines…
• …..is symbolically
represented by a
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blindfolded woman,
holding with one hand
a sword and with the
other, a balance,
meaning thereby that
it is administered
without respect to
persons, equally to the
poor and the rich. 20
System
• A combination of related elements
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that is functioning as a whole in
order to achieve a single goal or
objective.
21
CRIMINAL JUSTICE SYSTEM
(CJS)?
-The machinery used by a democratic
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government to protect the society
against criminality and other peace and
order problem.
-Theoretically, CJS is an integrated
apparatus that is concerned with
apprehension, prosecution,
conviction, sentencing and 22
convicting criminals
How many Pillars of CJS are there
in the USA?
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Three
23
American context of CJS…
1.THE POLICE - one who initiates the
criminal justice process by the arrest of
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the criminal.
2.THE COURT - one that conducts the trial
and imposes the penalty if found guilty.
3.THE CORRECTION - where the criminal is
remanded to prison not as a form of
punishment but for correction and
24
rehabilitation.
Economic
System Health
Police
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Care
Educationa
System
l System
Criminal
Justice
System Correction Court
Political s
System Other
Techno- Systems
logical
System US Criminal Justice
System
25
Total Social System
• In the Philippine setting, the CJS is
broadened and anchored into the so-
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called “Five Pillars” representing the
1. Police (law enforcement),
2. Prosecution,
3. Court,
4. Correction,
5. Community.
26
Total Social System in the Philippines just like the
US Model is also composed of the various systems
Economic
System
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Health Police
Care Community
Educationa
System
l System Prosecution
Criminal
Justice
System Corrections
Political Court
System Other
Techno- Systems
logical
System Criminal Justice
System:
Philippine Setting 27
Total Social System
5
PILLARS OF THE
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E P C
N R O C

F O C R O
O S O R M
L R E E M
U
A C C C U
W E U R T N
M T T I I
E I S O T
N O N Y
T N S
28
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COURSE OF THE OFFENDER 29
IN THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
• Hence, in order to
attain and meet the
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goals or objectives of
the system, each
pillar must function
efficiently because
the failure of one
means the failure of
the entire system.
30
AS A
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PROCESS
31
1.
• The police are
responsible for
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gathering evidence
and arresting the
suspected law
violator.
32
2.
• The prosecutor is
responsible for
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evaluating the
evidence the police
have gathered and
deciding whether it
is sufficient to
warrant filing
charges against the
alleged violator. 33
3.
• The defense
attorney, whether
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privately retained or
provided by the
government is
responsible for
defending the
accused.
34
4.
• The judge during trial
is an arbitrator in
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court who ensures
that the defense and
prosecution adhere to
the legal requirements
of introducing
evidence and
examining and cross-
examining witnesses.
35
5.
• The judge at the end
of the trial renders
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the decision.
36
6.
• The probation officer
conducts post-
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sentence
investigations and
supervises convicted
defendants placed
under probation.
37
7.
• Post-sentence investigation  an
investigation conducted by the probation
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officer after conviction to determine the
qualifications of the convicted offender
for probation.
38
8.
• Probation = a
privilege granted by
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the court to a
person convicted of
a criminal offense to
remain in the
community instead
of actually placed in
prison.
39
9.
• The prison system
receives the
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defendant if
convicted and
sentenced and
keeps them until
parole is granted or
have completed their
sentences.
40
10.
• Finally, the parole
department assists
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released prisoners in
their return to the
community.
41
CRIMINAL JUSTICE
PROCESS
Criminal justice is a process of selection…..
Not every crime that is committed is

reported to the police; not every crime
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reported to the police results in an arrest;
not every arrest results in a prosecution;
not every prosecution results in a
conviction; and not every conviction
results in a prison sentence.
43
In other words……
• criminal justice is a process whereby
individuals are sifted and sorted out at
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various decision points within the system.
• The criminal justice system operates like a
complex filter, screening out offenders at
various points.
44
What will trigger the pillars of CJS
to make an action?
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Crime Commission
45
POLICE/LAW
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ENFORCEMENT
THE FIRST PILLAR

46
Tenure of office of PNP officers in
Respective Position
POSITION MAXIMUM TENURE
CHIEF FOUR (4) YEARS
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DEPUTY CHIEF FOUR (4) YEARS
DIRECTOR OF THE STAFF SERVICES FOUR (4) YEARS
REGIONAL DIRECTORS SIX (6) YEARS
PROVINCIAL/ CITY DIRECTORS NINE (9) YEARS
47
RANK CLASSIFICATION AND KEY
POSITION
Section 28. rank classification – for purpose of clarity of
command and responsibility, and for the effective and efficient
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administration, supervision and control, the rank classification of
the uniformed personnel of PNP shall be as follow:
POLICE GENERAL POLICE EXECUTIVE MASTER SERGENT

POLICE LIEUTINANT GENERAL POLICE CHIEF MASTER SERGENT
POLICE MAJOR GENERAL POLICE SENIOR MASTER SERGENT
POLICE BRIGADIER GENERAL POLICE MASTER SERGENT
POLICE COLONEL POLICE STAFF SERGENT
POLIICE LIEUTENANT COLONEL POLICE CORPORAL
POLICE MAJOR PATROLMAN/PATROL WOMAN
POLICE CAPTAIN 48
POLICE LIEUTENANT
ASSIGNMENT
• ANALYZE
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WHY IS LAW ENFORCEMENT CONSIDERED AS ONE OF THE
PILLARS OF CRIMINAL JUSTICE SYSTEM? WHAT IS IT RELEVANCE?
49
The POLICE or the LAW
ENFORCEMENT PILLAR occupies the
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frontline of the CJS because it has
the first contact with the law
violator or offender.
50
“Police is the public and the
public is the police” was how Sir
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Robert Peels, the founder of London
Metropolitan Police described
police.
51
In the Philippines, the law
enforcement function is
spearheaded by what agency/ies?
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1.Philippine National Police (PNP)
2. National Bureau of Investigation (NBI)
3.Philippine Drug Enforcement Agency (PDEA)
52
What is the mother agency of the
PNP?
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• Department of the Interior and Local
Government (DILG)
53
NBI?
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• Department of Justice (DOJ)
54
PDEA?
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• Office of the President
55
Police/Law Enforcement
The Police refers to the police
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agency and other law enforcement
organizations authorized by the
State to enforce the law and
maintain peace and order.
56
KINDS OF POLICEMEN
TRADITIONAL POLICEMAN CONTEMPORARY POLICEMAN
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• a policeman walking • the materialistic,
in uniform arrogant, college
performing patrol educated agent of
work, walking person in authority
constantly and whose insight of
alertly, observing public service is for
persons and things to the public to serve
accomplish crime him as his source of
prevention mission. extra income. 57
DISCRETION
• It is the wise use
of one's judgment,
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personal
experience and
common sense to
decide a particular
situation.
58
ROLE OF THE POLICE
IN THE SYSTEM
1. PREVENTION AND
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SUPPRESSION OF CRIME
prevention of the root cause
of crime and opportunity of
criminal.
60
Formula of Crime
• CRIME= DESIRE + OPPORTUNITY
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RESISTANCE
61
How to compute CRIME RATE
• CR= # of crimes committed
X 100%
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# of population
62
2. INVESTIGATE the crime
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-From the latin word ?
• “vestigare”, which means to
track, trace or probe.
63
• The systematic process of identifying,
collecting, preserving, evaluating and
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presentation of information and pieces of
physical evidence for the purpose of
bringing the criminal offender to justice.
64
3. ARREST suspects
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Arrest
- it is the taking of person into
custody so that he may be bound to
answer for the commission of an
offense. 65
Manner of Conducting Arrest
• An arrest can be made in the
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actual restraint of a person to be
arrested or by submission to the
custody of the person making
arrest.
66
Who may make/execute/effect arrest?
• Police officer (in both warrantless and

arrest with warrant)
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• Private individual (only warrantless
arrest or citizens arrest)
67
Warrant of Arrest
• Is an order in writing issued in the
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name of the People of the Philippines,
signed by the judge and directed to a
peace officer, commanding him to
arrest a person or persons stated
therein and deliver them before the
court.
68
Requisite of a Valid Warrant of Arrest
a. It shall be issued upon probable cause.
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b. The probable cause is determined
personally by the judge upon examination
under oath or affirmation of the
complainant and the witnesses he may
produce.
c. Particularly describing the person to be
arrested.
69
Oath vs. Affirmation
• OATH- applicable if the person swearing
believes in God.
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• AFFIRMATION- applicable if the person
swearing does not believe in God.
70
LIFE SPAN OF A WARRANT OF ARREST
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• Lifetime of the person arrested.
71
When is Warrantless Arrest
Lawful? (Instances of warrantless
arrest)
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a. When in his presence, the person
to be arrested has committed an
offense, actually committing an
offense, or is attempting to
commit an offense. (Referred to
as the in flagrante delicto rule) 72
Inflagrante Delicto
• “Caught in the act of committing a crime”
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73
b. When an offense has in fact just
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been committed, and he has
personal knowledge of facts
indicating that the person to be
arrested has committed it.
(Referred to as the “Hot pursuit”
arrest rule) 74
c. When the person to be arrested is
a prisoner who has escaped
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from a penal establishment or
place where he is serving final
judgment or temporarily confined
while his case is pending, or has
escaped while being transferred
75
from one confinement to another.
Is the arresting officer need to
have the warrant of arrest at the
time of arrest?
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• The officer need not have the warrant of
arrest in his possession at the time of the
arrest but after the arrest, the warrant of
arrest shall be shown to him as soon as
practicable.
76
When the arresting person is a
private individual, is there a need
for him to inform the miranda
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rights of the arrested person?
• No need, because they are not
performing law enforcement duties.
77
Hot Pursuit
• If a person lawfully arrested escapes, any
person may immediately pursue or retake
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him without a warrant at any time and in
any place.
78
Rights of the Person Conducting
Arrest
A. The right to summon assistance
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An officer making a lawful arrest may orally
summon as many persons as he deems necessary to
assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting
the arrest when he can render assistance without
detriment to himself.
79
B. Right to break into building or enclosure
An officer, in order to make an arrest either
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by virtue of a warrant, or without a warrant
may break into any building or enclosure
where the person to be arrested is or is
believed to be, if he is refused admittance
thereto, after announcing his authority and
purpose.
80
C. Right to break out from building or
enclosure
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Whenever an officer has entered a
building or enclosure to conduct arrest,
he may break there from when
necessary to liberate himself.
81
Legal Duties of an Arresting Officer by
Virtue of Warrant of Arrest
• 1. to inform him of the reason for the arrest
• 2. to show him the warrant of arrest, if any
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• 3. to inform him of his constitutional rights to remain silent
and to counsel, that his entitled to exercise such right, and
that any statement he might make or declare can be used
against him in a court of law;
• 4. to inform him of his constitutional right to communicate
with his counsel, a relative or anyone he choose by the most
expedient means by telephone if possible, or by letter or
messenger who can assist him while under arrest and
detention
82
• 5. it shall be the responsibility of the arresting officer to see to
it that the foregoing are accomplished.
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• 6. to deliver him to the nearest police station or jail
Assignment
search
1. Section. 3, Rule 113 Rules on Criminal Procedure
2. Section. 5, Rule 113 of the Revised Penal Code
83
Arrest without warrant ; when lawful
• A peace officer or a private person may; without a warrant ,
arrest a person:
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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)
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
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 confine while his case is pending, or
has escaped while being transferred from one confinement to 84
another.
CRIMES COMMITTED BY A
POLICE OFFICER WHILE
CONDUCTING ARREST
• Delay in the delivery of arrested person to the
proper judicial authority
committed by police officer who shall detain any
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purpose for some legal ground and shall fail to
deliver such person to the proper judicial

authorities within the following period:
• 12 hours for crimes punishable by light penalties.
• 18 hours for crimes punishable by correctional
penalties.
• 36 hours for crimes punishable by afflictive or
86
capital penalties.
• Unlawful Arrest
committed by any person who, in any
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cases other than those authorized by
law, shall arrest or detain another for the
purpose of delivering him to proper
judicial authority.
87
Arbitrary vs illegal detention
• Arbitrary detention
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Committed only by a public officer or
employee who detains another person
without legal grounds.
•Illegal detention
Committed only by a private person
who detains another person without legal
grounds.
88
• Expulsion
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Committed by a public officer or
employee who, not being authorized by
law, shall expel any person from the
Philippine islands or shall compel such
person to change his residence.
89
Search Warrant
Search warrant
• Is an order in writing issued in the name of
the People of the Philippines, signed by
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the judge and directed to a peace officer,
commanding him to search for personal
property stated therein and bring it
before the court.
91
Requisites of a valid warrant of arrest:
A. It shall be issued upon probable cause;
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B. The probable cause is determined
personally by the judge upon examination
under oath or affirmation of the
complainant and the witnesses he may
produce; and
C. Particularly describing the things and
place to be searched.
92
Search
• The act of looking into carefully in
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order to find some concealed items.
93
Seizure
• Take into custody of something.
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94
Subjects of a search warrant:
• Subject of the offense
• Stolen or embezzled properties and other
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proceeds or fruits of the offense
• Used or intended to be used as a means of
committing a crime
95
Personal Property
• Are those which can be transferred
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from one place to another like
ammunitions, firearms, clothes and
the like.
96
Real Property
• Are those which cannot be
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transferred from one place to
another, like lands, buildings, roads
and the like.
97
When to serve a Search Warrant:
• The search warrant must be serve in the
DAY TIME, unless the affidavit asserts that
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the property is on the person or on the
place ordered to searched, in which case,
a direction may be inserted that it be
served at anytime of the day or night.
98
Life Span of a Search Warrant
• A search warrant shall be valid within
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ten (10) days from its date. Thereafter
it shall be void.
99
Similarities of a Warrant of Arrest and
Search warrant
• Both is an order in writing issued in
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the name of the People of the
Philippines.
• Both are signed by the judge.
• Both are directed to a peace officer.
• Both are issued only upon probable
cause.
100
Differences of Warrant of Arrest and Search Warrant
WARRANT OF SEARCH WARRANT
ARREST
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SUBJECT OF THE Arrest a person stated Search and seize
WARRANT therein personal properties
stated therein
VALIDITY As long as the person to Ten days from its

be arrested has not been issuance
arrested
POSSESSION May not be in possession Must be in possession

when conducting arrest when conducting search
and seizure
TIME OF EXECUTION Anytime of the day or Must be executed during 101
night daytime
EXEMPTION TO SEARCH
AND SEIZURE BY VIRTUE
OF SEARCH WARRANT
A. Consented Search
• The right against unreasonable search and
seizure may be voluntarily waived by
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person being searched provided the ff. are
present:
a. Existence of right;
b. Person has knowledge on the existence
of such right;
c. Said person had an intention of
103
relinquishing such right.
B. Search incidental to lawful arrest
• A person lawfully arrested maybe
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searched for dangerous weapons or
anything which may have been used
or constitute proof in the commission
of the offense without a search
warrant.
104
C. Plain Search
• Illegal things at sight may be seized even
without a warrant to do so. The things
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must be readily seen without any effort
of locating it.
105
D. Search in Moving Vehicle
• A search made in a moving vehicle
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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. 106
• An extensive search may be allowed only
if the officer conducting the search have
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probable cause to believe that they would
find evidence pertaining to the
commission of a crime in the vehicle to be
searched and there is no sufficient time to
secure a valid warrant of arrest.
107
E. Customs Search
• Under the customs search, the
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personnel of the Bureau of Customs
can conduct search to enforce
customs law or to regulate exports
and imports without securing search
warrant.
108
CRIMES THAT MAY BE
COMMITTED BY A
POLICEMAN WHILE
CONDUCTING SEARCH
A. Violation of Domicile
• Is committed by any public officer or employee
who, not being authorized by judicial order, shall
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enter the dwelling against the will of the owner
thereof, search papers or other effects found
therein without the previous consent of the
owner, or,
• having surreptitiously entered said dwelling,
and being required to leave said premises, shall
refuse to do so.
110
B. Search Warrant maliciously obtained
• Is committed by a public officer or
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employee who procures a search
warrant without just cause.
111
C. Abuse in the Authority of Search
Warrant Legally Obtained
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employee who has legally
procured a search warrant be he
exceeds the authority of the
search warrant or he use
unnecessary severity in executing
the same. 112
D. Searching Domicile Without Witness

employee who is armed with search
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warrant legally procured and searches the
domicile, papers, or other belongings of
any person without the presence of the
owner, or any member of the family, or at
least two witnesses residing in the same
locality who has sufficient age and
discretion. 113
• A person is considered of
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sufficient age if he attains the
age of majority and he is of
sufficient discretion if he is
sane.
114
First priority of a policeman in responding
to a crime scene:
• Every policeman, in responding to
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a crime scene, must not forget to
save life first. Apprehension of
criminals and preservation of
evidence are the next priorities.
115
Custodial Investigation
• Is any questioning initiated by law
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enforcement officers after a person has been
taken into custody of otherwise deprived of
his freedom of action in any significant way.
116
Custodial Investigation
• It shall include the practice of issuing
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an “invitation” to a person who is
investigated in connection with an
offense he is suspected to have
committed, without prejudice to the
liability of the “inviting” officer for
any violation of law.
117
Requisites of the custodial investigation
a. The question being asked are no
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longer general inquiry:
b. The person being questioned is
considered as a suspect in the crime
committed.
Question that may be asked to any person.
Examples:
A. What is your name?
B. How young are you?
C. Are you still single? 118
FOUR tools or I’s of criminal investigation
a. Information
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b. Interview
c. Interrogation
d. Instrumentation
119
Information
• Is knowledge which the investigator
gathered and acquired from a source.
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120
Interview
• Is a simple questioning of a person who is
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cooperating with the investigator.
121
Interrogation
• Is the vigorous or skillful questioning of a person
who is reluctant in giving disclosure to an
09/05/2022
information which is pertinent to the
investigation.
122
Instrumentation
• Is the application of instruments and methods
of physical science in the detection of crime.
09/05/2022
123
Fruit of the Poisonous Tree
• This states that any evidence illegally obtained is
not admissible as evidence in any proceeding.
09/05/2022
• If the rights of a person arrested, detained or
under custodial investigation are not complied

by the investigating officer, any admission
confession or any other evidence obtained
during the investigation in INADMISSIBLE as
evidence in any proceeding.
124
TAKE NOTE:
09/05/2022
The non-admissibility of
evidence obtained by the

investigating officer will be sufficient
for him to be charged criminally,
administratively and/or civilly!!!
125
Confession Admission
• Direct • Indirect
09/05/2022
acknowledgement acknowledgement
of guilt of guilt
• The
acknowledgement
of just a part of his
guilt. 126
It is a declaration falling short to
an acknowledgment of guilt.
09/05/2022
Admission
127
What are the two kinds of confession and
admission?
09/05/2022
A. Judicial confession/admission.
B. Extra-judicial confession/admission.
128
A. Judicial Confession/Admission
• Are those than in open court in
09/05/2022
the presence of the judge.
• The facts judicially
confessed/admitted need not be
proved.
129
B. Extra-Judicial Confession/Admission
09/05/2022
• Are those made outside trial
• The facts extra-judicially
confessed/admitted must be proved.
130
2nd Pillar
PROSECUTION PILLAR
Prosecution
The NPS under the DOJ occupies
09/05/2022
the forefront of the prosecution

pillar. It is the main prosecution
body of the government to
prosecute all violations of the
criminal laws to help keep the peace
and insure order. 132

What is prosecution?
1. Prosecution may refer to the
09/05/2022
agency responsible in presenting
the government’s position in

criminal cases and evaluating
pieces of evidence presented
by the law enforcement.
133

2. Prosecution is the legal
09/05/2022
process/methods by which an
accusation is brought to the

court (or any judicial or quasi-
judicial body) for proper
adjudication/arbitration.
134

Prosecute
• to commence and carry on a criminal
09/05/2022
action or lawsuit in the name of the
People of the Philippines.

135
What are the functions of
prosecution?
09/05/2022
1. Evaluate the police findings
referred to them, or other

complaints filed directly with
them by individual person;
136

functions of prosecution
2. File corresponding criminal
09/05/2022
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. 137

The Prosecution Process
1. Filing of Complaint
09/05/2022
Complaint – is a sworn written

statement charging a person with an
offense, subscribed by the offended
party, any peace officer or other
public officer charged of the
enforcement of the law violated. 138

2. Preliminary Investigation
Preliminary Investigation – it is an
09/05/2022
inquiry or proceeding for the purpose
of determining whether or not

probable cause is present.
139

Probable Cause
• Is the existence of sufficient ground to
09/05/2022
engender a well founded belief that a
crime has been committed and the

respondent is probably guilty thereof
and should be held for trial.
140
Maria filed a case on Pedro for theft with an
imprisonment of 3 years. Will he need to
09/05/2022
undergo preliminary investigation on the
prosecution?

• NO
• Preliminary investigation is only 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. 141
Purpose of Preliminary Investigation:
A. It is intended to secure the innocent
09/05/2022
against hasty, malicious, and
oppressive prosecution. And to

protect him from open and public
accusation of crime
B. Intended to protect the State from
useless and expensive trial.
142
Officers Authorized to Conduct
Preliminary Investigation
1. Provincial or City Prosecutors and
their assistants.
09/05/2022
2. National and Regional State

prosecutors.
3. Such other officer as may be
authorized by law like the COMELEC
lawyers and the Municipal Mayor in
the absence of the municipal judge.
143
Take Note:
The authority of the judges of the
09/05/2022
Municipal Trial courts and
Municipal Circuit Trial courts to

conduct a preliminary
investigation was revoked by
A.M. 05-8-26-SC
144

Procedure of
Conducting
Preliminary
Investigation
A. Filing of the Complaint
• The complaint to be filed shall be
09/05/2022
accompanied by:
a. affidavit of the complainant and his

witnesses; and
b. other supporting documents to
establish probable cause.
146
Number of copies of complaint to be filed:
09/05/2022
• The complaint shall be in such
number of copies as the

respondents, plus two (2) copies for
the official file.
147
B. Dismissal of complaint or issuance of
subpoena by the investigating officer
09/05/2022
• Within 10 days after the filing of complaint, the
investigating officer shall either:

A. Dismiss the complaint if he finds no ground to
continue with the investigation; or
B. Issue a subpoena to the respondent attaching
to it a copy of the complaint and its supporting
affidavits and document. 148
C. Submission of counter-affidavit by the
respondent
• Within 10 days from receipt of the
subpoena with the complaint and
09/05/2022
supporting affidavits and documents, the
respondent shall submit his counter-

affidavit and that of his witnesses and
other supporting documents relied upon
his defense.
149
What if the respondent cannot be
subpoenaed or if does not submit
his counter affidavit within the 10-
09/05/2022
day period?

• The investigating officer shall resolve the
complaint based on evidence presented
by the complainant.
150
D. Clarification
• Within 10 days from filing counter-
09/05/2022
affidavit by the respondent, the
investigating officer may set a date for

hearing if there are facts and issues
to be clarified from a party or a
witness.
• Clarification shall be terminated
within 5 days. 151
E. Issuance of resolution
• Resolution is to be issued within 10 days
from the termination of investigation or
09/05/2022
clarification.
• The investigating officer shall either:

A. Recommend the dismissal of the
complaint if he finds no cause to hold the
respondent for trial.
B. Prepare a resolution and information if he
finds cause to hold the respondent for trial. 152
Resolution
• Is the decision of the prosecutor
09/05/2022
whether the dismissal of the
complaint or issuance of information

based on the sufficiency of evidence.
153
Information
• An accusation in writing
09/05/2022
charging a person with an

offense subscribed by the
prosecutor and filed with the
court.
154

Similarities of Complaint and Information
A. Both shall be in writing.
09/05/2022
B. Shall be in the name of the People of
the Philippines.

C. Shall be against all person who
appear to be responsible for the
offense involved.
155
Distinction between a
complaint and information
a. A complaint is a sworn statement by
the offended party, whereas an
09/05/2022
information need not be sworn to;

b. A complaint is signed by the offended
party, any peace officer or other
public officer charged with the
enforcement of the law violated,
whereas an information is signed by a
prosecutor. 156

Distinction between a complaint
and information
c. A complaint may be filed either before
09/05/2022
the prosecutor’s office or the court,
whereas information is only filed with

the court.
d. In certain cases, filing of a complaint is
necessary to conduct preliminary
investigation preparatory to filing of an
157
information
Pedro has been arrested by virtue of a
warrant of arrest for the crime of
homicide with an imprisonment of 12
ELEMENTS OF WARRANT OF ARREST:
09/05/2022
years
a. It+shall
1 day. Is there
be issued a needcause.
upon probable that he
willb.undergo
The probablepreliminary
cause is determined personally

by the judge upon examination under oath
investigation?
or affirmation of the complainant and the
witnesses he may •produce.
NO
c. warrant
•A Particularly describing
of arrest canthe person
only to be upon
be issued
arrested.
probable cause.
158
INQUEST PROCEEDING
• Is a proceeding done by the
09/05/2022
inquest prosecutor to determine
the validity of arrest of a person.

159
Are all person arrested be
required to undergo inquest
09/05/2022
proceeding?

• NO
• It is only applicable to person who does
not benefited by a warrant of arrest
(Warrantless Arrest). 160
Decision and proper action:
• If the prosecutor finds out that the arrest is
valid, he may order the detention of the
09/05/2022
arrested person and the filling of the
information before the proper court.

• If the prosecutor finds out that the arrest is not
valid, he may order the release of the arrested
person upon signing a Promise to Appear.
161
Promise to Appear
• Is a written agreement between the
prosecutor and the arrested person that
09/05/2022
the latter must voluntarily show himself
whenever required by the former to make

some clarification relative to his arrest.
162
NOLLE
• A request by the prosecutor to the
09/05/2022
judge for approval to terminate
further criminal prosecution against

a suspect.
163
THE NOLLE IS PRIMARILY USED TO:
1. Reduce case overload
09/05/2022
2. Reduce backlog ( an accumulation of
unfinished work)

3. Reduce delays in bringing defendants
to trial
164
3rd Pillar
COURT PILLAR
Court/s
This pillar is responsible in
09/05/2022
conducting trial or court adjudication
and impose penalty if found guilty,

otherwise render dismissal or
acquittal of the case.
These Judicial bodies perform the
most sensitive phase in the CJ process. 166

Important terms:
Court - decides disputes between
09/05/2022
citizens and government.
- determine the innocence or

guilt of the accused and impose
punishment on those found guilty.
167
Judge – is a public officer so
named in his commission and
09/05/2022
appointed to preside over and to
administer the law in a court of

justice.
168

Trial
• is a judicial examination and
determination in accordance with the laws
09/05/2022
of the land of a cause, either civil or criminal.

169
Hearing
• a proceeding in which witnesses are heard
and evidence presented
09/05/2022
170
- Due process of law - “It hears first
09/05/2022
before it condemns”.

171

Venue
• is the site or location where the case is to
be tried on the merits.
09/05/2022
172
09/05/2022
KINDS

OF COURTS
173

The Supreme Court
• The highest court of the land.
09/05/2022
• It is a review court.
• Often referred to as the “Court of Last Resort”.

• it exercises Appellate jurisdiction over cases
decided by the Court of Appeals or Regional Trial
Courts.
• AS a rule, only question of law may be raised as
appeal.
• It shall be composed of a Chief Justice and 14 174
Associate Justices.
• Appeals in the Supreme Court are never a matter
of right.
09/05/2022
• The only exception is when the penalty of death,
reclusion perpetua, or life imprisonment have

been imposed either by RTC or the CA;
• Indeed , when the death penalty is imposed, the
case automatically goes up to the Supreme
Court for review, even of the accused does not
appeal.
175
Court of Appeals
• It is essentially an Appellate Court,
reviewing cases appealed to it from
09/05/2022
regional Trial Courts.

• It may review questions of fact or mixed
questions of fact or law.
176
Regional Trial Courts
• Second Level Courts
• It has jurisdiction over cases having an
09/05/2022
imprisonment of 6 years and above or

has a fine of 6,000 pesos and above.
• One which is presided by 720 regional
trial court judges in each side of the
regions of the country
177
First Level Court
• Acquire jurisdiction to cases with an
It is maintained to cover 2 or more
Maintained to cover municipalities
imprisonment of below 6 years or a fine of
09/05/2022
municipalities
below 6,000 with small population if the
Pesos.
with huge population.
maintenance of one MTC is impractical.
• First Level Courts:

A. Municipal Trial Court (MTC)
B. Municipal Circuit Trial Court (MCTC)
C. Metropolitan Trial Court(MeTC)
Maintained in Metro Manila area and 178
other chartered areas.

SUPREME
COURT
Review
Courts COURT
09/05/2022
OF APPEALS

FOUR LEVEL INTEGRATED COURT
SYSTEM IN THE PHILIPPINES
Regional Trial
Court
Trial
Courts MeTC,
179
MTC, MCTC
Power of the Judicial Review
• It is the power of the court ultimately
09/05/2022
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.
180
What is their legal basis?
09/05/2022
• Sections 2(2) and 5(2a), Article X of the
Constitution.

• Through such power, the Supreme Court
particularly, enforces and upholds the
supremacy of the Constitution.
181
COURT ACTIONS
• All criminal actions are thereof,
commenced by a complaint or
09/05/2022
information filed in court in the name of
the People of the Philippines against all

persons who appear to be responsible for
the offense.
182
• They are prosecuted under the
09/05/2022
direction and control of a prosecutor
and instituted and tried in the Court

or Municipality or territory where the
offense is committed.
183
• When a criminal action is instituted, the Civil
Action for the recovery of civil liability (damages)
09/05/2022
is impliedly included, unless the offended party
waives the civil liability or reserves his right to

institute it separately.
• In other words, a person who is criminally liable
is also civilly liable.
184
CRIMINAL CASE
vs.
CIVIL CASE
vs.
ADMINISTRATIVE CASES
A. Where these cases are filed:
TYPE OF CASE FILING AUTHORITY
09/05/2022
CRIMINAL COURT

CIVIL COURT
ADMINISTRATIVE QUASI-JUDICIAL BODIES
186
B. As to weight or sufficiency of evidence
required:
TYPE OF CASE EVIDENCE REQUIRED
09/05/2022
CRIMINAL PROOF BEYOND

Means that the REASONABLE DOUBT
Relevant evidence
Is a degree adduced
testimony of proof by
which
one a reasonable
side isCIVIL
more
which produces PREPONDERANCE OF
mind might accept as EVIDENCE
credible and
conviction
adequate toinsupport
an a
conclusive than
unprejudiced the
mind.
conclusion.
ADMINISTRATIVE SUBSTANTIAL EVIDENCE
other.
187
C. As to imposable penalty:
TYPE OF CASE IMPOSABLE
PENALTY
09/05/2022
CRIMINAL IMPRISONMENT,
DESTIERRO, OR DEATH

CIVIL PAYMENT OF DAMAGES
OR FINES
ADMINISTRATIVE REPRIMAND,
SUSPENSION OR
DISMISSAL 188
D. As to the designation of victim
TYPE OF CASE VICTIM
DESIGNATION
09/05/2022
CRIMINAL PRIVATE OFFENDED
PARTY

CIVIL PLAINTIFF
ADMINISTRATIVE COMPLAINANT
189
E. As to the designation of the person
being heard
TYPE OF CASE PERSON BEING HEARD
09/05/2022
CRIMINAL ACCUSED

CIVIL DEFENDANT
ADMINISTRATIVE RESPONDENT
190
Trial proceedings:
1. arraignment and plea
09/05/2022
2. pre – trial
3. trial proper

4. judgment
191

1. Arraignment
• Is made in open court by the judge or clerk of court furnishing
the accused of the copy of the complaint or information,
09/05/2022
reading the same in the language or dialect known to him,
and asking him whether he pleads guilty or not guilty.

192
How the court acquire jurisdiction over the
person of the accused?
09/05/2022
• The court shall acquire jurisdiction over the

person of the accused upon his ARREST.
193
Instances when plea of NOT guilty shall be
entered to him:
a. When the accused refused to plead;
09/05/2022
b. When he makes conditional plea of guilt;
c. When he pleads guilty but presents

exculpatory evidence.
These are defenses that is

presented by the accused to
set him free. 194
Presence of both parties in arraignment
• On the part of the accused, he must be present to hear the
charge against him and personally enters his plea.
09/05/2022
• On the part of the offended party, there is no need for him to
be present.

195
2. PRE-TRIAL
• is a conference among litigants and their
respective lawyers made with the judges for
09/05/2022
the purpose of the following:
A. Plea bargaining

B. Stipulation of facts
C. Marking for identification of evidence of the
parties
D. Waiver for objection of admissibility of
evidence
196
E. Modification of order of trial if the
accused admits the charge but interposes
09/05/2022
a lawful defense

F. Such other matter as will promote a fair
and expiditious trial of the criminal and
civil aspect of the case.
197
3. Trial
• Is the examination before a competent
tribunal, according to the laws of the land,
09/05/2022
of the facts and issues of the case, for the
purpose of determining such issue.

198
Order of trial
a. The prosecution shall present evidence to prove the charge
and, in the proper case, civil liability;
09/05/2022
b. The accused may present evidence to prove his defense and
damages, if any, arising from the issuance of the provisional
remedy in the case.

c. The prosecution and defense may present rebuttal and sur-
rebuttal.
d. After the presentation of evidence, the case shall be deemed
submitted for decision.
199
Evidence
• Is the means sanction by the rules of court, of ascertaining in a
judicial proceeding the truth respecting a matter of fact.
09/05/2022
200
KINDS of EVIDENCE
1. TESTIMONIAL EVIDENCE
 Is the testimony given in court or the disposition by one
09/05/2022
who has observed that to which he is testifying;, or one who,
though he has not observed the facts, is qualified to give an
opinion relative to such facts.

201
KINDS of EVIDENCE
2. Documentary evidence
are evidence which consists of writings or any material
09/05/2022
containing letters, words, numbers, figures, symbols, or
other modes of written expression offered as proof of their
contents.

202
KINDS of EVIDENCE
3. Object/ Real/ Autoptic Evidence
is that which is addressed to the senses of the tribunal, as
09/05/2022
where the objects are presented for inspection of the court.

203
WHAT TYPE OF EVIDENCE CAN
BE OFFERED TWICE?
09/05/2022
• Testimonial evidence

204
What kind of evidence is
newspaper and magazine?
09/05/2022
• It depends how it was used in the
commission of the crime.
205
Continuous Trial Rule
• The trial once commenced shall continue from
day to day as far as practicable until terminated.
09/05/2022
It may postponed for a reasonable period of time
for good cause.

• The entire trial period shall not exceed ONE
HUNDRED EIGHTY (180) days from the first day
of trial.
206
Reverse Trial
• The normal order of trial will be
09/05/2022
reverse if the accused will admit the
charged against him but interposes a

lawful defense.
207
Trial in absentia
• The trial will still proceed even if the accused is
absent provided that the following requisites are
09/05/2022
present:
A. That the accused enters his plea;

B. That he has been duly notified by the court;
C. That he fails to appear despite due notice
without justifiable reason.
208
4. Judgment
• The adjudication by the court that the
accused is guilty or not guilty of the
09/05/2022
offense charged, and the imposition of the
proper penalty and civil liability provided for

by the law on the accused
209
Requisites of Judgment:
A. It must be duly signed by the judge;
B. Must state the findings of the facts and law upon which is
09/05/2022
based; and
C. Must be promulgated during the incumbency of the judge
who signed it.

210
Contents of judgment
A. In case of CONVICTION:
• The legal qualification of the offense constituted by the acts
09/05/2022
committed by the accused and the aggravating and mitigating
circumstances which attended its commission;
• The participation of the accused in the offense, whether principal,

accomplice or accessory;
• The penalty imposed upon the accused; and
• The civil liability or damages caused by his wrongful act or
ommision.
211
B. In case of ACQUITAL:
• it shall state whether the evidence of the
09/05/2022
prosecution absolutely failed to prove

the guilt of the accused or mere failed to
prove his guilt beyond reasonable doubt
or civil liability might did not exist.
212
5. Appeal
• Is the resort to a superior court to
09/05/2022
review the decision of an inferior
court.

213
Appellant Appellee
09/05/2022
• The party who • The party
takes an appeal whom the

from an inferior appeal is
court to a
taken.
superior one.
214
Where appeal is to be taken:
A. In cases decided by the Municipal Trial
Court, Municipal Circuit Trial court, or
09/05/2022
Metropolitan Trial Court, appeal is taken
to the REGIONAL TRIAL COURT.

215
B. In cases decided by the RTC:
•If the issue involves only QUESTION OF
09/05/2022
LAW, appeal is taken to the SUPREME

COURT.
•If the issue involves the QUESTION OF
FACT OR MIXED QUESTION OF FACT AND
LAW, appeal is taken to the COURT OF
APPEALS
216
C. In cases decided by the COURT OF
APPEALS, appeal is taken to the SUPREME
09/05/2022
COURT.

217
• Take note:
09/05/2022
the case decided by the
supreme court is already final

because it is the highest court of
the land.
218
Bail
• Is a security given to the release of a
person in custody of a law, furnished by
09/05/2022
him or a bondsman, to guarantee his
appearance before any court as required

under the conditions specified by law
219
Forms of Bail
A. Corporate Surety
• Any domestic or foreign corporation,
licensed as a surety in accordance with law
09/05/2022
currently authorized to act as such, may

provide bail by a bond subscribed jointly
by the accused and an officer of the
corporation duly authorized by its board of
directors.
221
B. Property Bond
• It is an undertaking constituted as lien
09/05/2022
on the real property given as security
of the bail.

222
C. Cash Deposit
• The accused or any person acting in his
behalf may deposit in cash with the
09/05/2022
nearest collector of internal revenue or
provincial, city or municipal treasurer the

amount of bail fixed by the court, or
recommended by the prosecutor who
investigated or filed the case.
223
D. Recognizance
• Is the release of an accused in
09/05/2022
custody of a responsible member in
the community who shall guarantee

his appearance whenever required by
the court.
224
Instances for Release on Recognizance
A. When the offense committed is light;
09/05/2022
B. When the offender is minor; or
C. When the offender applies for probation.

225
When bail is a matter of right:
• Before or after conviction by the First Level
Courts
09/05/2022
• Before conviction by the Regional Trial Court of
an offense NOT punishable by death, reclusion

perpetua or life imprisonment.
226
When bail is a matter of discretion:
• After conviction by the Regional Trial Court of an
offense NOT punishable by death, reclusion
09/05/2022
perpetua or life imprisonment.

227
Jurisdiction
• Is the power and authority of the
09/05/2022
court to try, hear and decide cases.

228
• In order for a Court to have authority to
have a particular case, it must have
09/05/2022
jurisdiction of the following:

• the subject matter
• the person of the accused
• the territory where the offense was
committed.
229
How is the jurisdiction over the
person of the accused be
09/05/2022
completed?

• Upon the arrest of the person.
230
Double Jeopardy
• It is the filing of the same case on different
courts.
09/05/2022
• Even if two or more courts, bodies or tribunal
has jurisdiction on a case, it cannot be brought

to all courts, body or tribunals. Otherwise it will
violate the condition of CERTIFICATION AGAINST
FORUM SHOPPING which will result to the
dismissal of the case.
231
CORRECTIONS
Correction
• The branch of the administration of
09/05/2022
criminal justice (CJS) charged with the
responsibility for the custody,

supervision, and rehabilitation of the
convicted offender.
233
Why correction is the weakest pillar
• It is considered the weakest pillar of the
criminal justice system because of its
09/05/2022
failure to reform and rehabilitate
offenders and prevent them from

returning to a criminal life.
234
Classification of Correction
Institutional correction Non-institutional correction
09/05/2022
A. It deals with • It deals with service
jails, prisons of sentence of a

convict outside an
and penal
institution.
colonies where • It is also known as
the convict is the community
going to serve based treatment
his sentence. 235
Prisoner vs. Detainee vs. Inmate
• Prisoners- Are those convicted by final judgment
of a competent court.
09/05/2022
• Detainees- Are those undergoing investigation/
trial or awaiting trial or sentence.

-Undergoing investigation, awaiting/ undergoing
trial, and awaiting final judgment
• Inmate- It is the population of jail and prison
including penal farms and penal colonies.
236
Prison
• An institution for the imprisonment of
person convicted of major/ serious
09/05/2022
crimes.

237
Jail
• Is an institution for the confinement of persons
who are awaiting final disposition of their case.
09/05/2022
• It is also for the service of those convicted and
punished with shorter sentences usually up to

three years.
238
Jail vs. Prison
As to term of PENALTY
JAIL PRISON
09/05/2022
3 YEARS AND MORE THAN 3
BELOW YEARS

240
As to INMATES
JAIL PRISON
09/05/2022
CONVICTED ALL

OR PENDING CONVICTED
TRIAL
241
As to ADMINISTRATION
PROVINCIAL CITY OR PRISON
JAIL MUNICIPAL
09/05/2022
JAIL
PROVINCIAL BJMP BUCOR

GOVERNMENT
242
As to HEAD OF INSTITUTION
JAIL PRISON/
PENAL COLONY
09/05/2022
WARDEN SUPERINTENDENT

243
Different Prison
Old Bilibid Prison
• It is known at present as the Manila City
Jail.
09/05/2022
245
New Bilibid Prison
• The new bilibid prison has 2 satellites namely:
a. Bukang Liwayway camp
09/05/2022
b. Camp Sampaguita

246
Bukang Liwayway Camp
• Houses MINIMUM security prisoner.
09/05/2022
247
Camp Sampaguita
• Houses MEDIUM security
09/05/2022
prisoner.

248
• TAKE NOTE:
09/05/2022
the maximum security prisoner was
housed at the New Bilibid Prison- MAIN

BUILDING.
249
PENAL COLONIES
PENAL COLONIES LOCATION
09/05/2022
SAN RAMON PENAL COLONY ZAMBOANGA CITY
IWAHIG PENAL COLONY PUERTO PRINCESA CITY, PALAWAN

DAVAO PENAL COLONY DAVAO DEL NORTE
CORRECTIONAL INSTITUTION FOR MANDALUYONG
WOMEN
SABLAYAN PENAL COLONY OCCIDENTAL MINDORO
LEYTE PENAL COLONY ABUYOG LEYTE

250
San Ramon Penal Colony
• Devoted to
incarcerate
09/05/2022
political

offenders.
• The oldest penal
colony
251
Iwahig Penal Colony
• Largest penal colony
09/05/2022
• The finest penal colony

252
Davao Penal Colony
• Highest income earner
09/05/2022
253
What is the primary product of Davao
Penal Colony?
• COPRA is there primary product.
09/05/2022
254
Leyte Penal Colony
• Latest penal colony that was
09/05/2022
established.

255
NON-INSTITUTIONAL
CORRECTIONS/
COMMUNITY-BASED
PROGRAMS
1. Probation
• Is a disposition under which a
09/05/2022
defendant, after conviction and
sentence, is released subject to

conditions imposed by the court and
under the supervision of a probation
officer.
257
What is your maximum penalty in
order that you can apply for probation?
09/05/2022
• Not exceeding 6(six) years

258
PD 968 ACT 4221
09/05/2022
• Adult Probation • The first
Law probation law.

259
2. Pardon
• Is the executive clemency granted by the
President as an act of grace proceeding
09/05/2022
from the power entrusted to the president
which exempts the individual on whom it

is bestowed, from punishment the law
inflicts for a crime he has committed.
260
2 kinds of pardon
A. Absolute Pardon
• It is given without any condition attached.
09/05/2022
262
B. Conditional Pardon
• It is given with condition/s attached.
09/05/2022
263
3. Amnesty
• Is the act of sovereign power granting
oblivion or general pardon for a past
09/05/2022
offense usually granted to a class of
persons who have committed crimes of a

political in nature.
• It is a general or class pardon
264
4. Parole
• Is the suspension of sentence of
09/05/2022
convict after having served the
minimum of the sentenced imposed

to him.
265
5. Reprieve
• Is the suspension or the
09/05/2022
postponement of sentence of a
person convicted.

266
Good Conduct Time Allowance
• It is the reduction of period of
imprisonment of a sentenced person by
09/05/2022
virtue of his good conduct while serving
the same.

267
Period of GCTA (Act 3815)
PERIOD OF REDUCTION
IMPRISONMENT
09/05/2022
1-2 YEARS 5 DAYS PER MONTH

3-5 YEARS 8 DAYS PER MONTH
6-10 YEARS 10 DAYS ER MONTH
11 YEARS AND 15 DAYS PER

ABOVE MONTH
268
According to the RPC, who is the
only person authorized to grant
GCTA?
09/05/2022
• Director of the Bureau of Corrections
269
REPUBLIC ACT No.
10592
AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT
NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
REVISED PENAL CODE
"1. During the first two years of
imprisonment, he shall be allowed a
09/05/2022
deduction of twenty days for each month
of good behavior during detention;

"2. During the third to the fifth year,
inclusive, of his imprisonment, he shall be
allowed a reduction of twenty-three days
for each month of good behavior during
detention; 271
"3. During the following years until the
tenth year, inclusive, of his imprisonment,
09/05/2022
he shall be allowed a deduction of twenty-
five days for each month of good behavior

during detention;
"4. During the eleventh and successive years
of his imprisonment, he shall be allowed a
deduction of thirty days for each month of
good behavior during detention; and 272
• "5. At any time during the period of
09/05/2022
imprisonment, he shall be allowed
another deduction of fifteen days, in

addition to numbers one to four
hereof, for each month of study,
teaching or mentoring service time
rendered.
273
• "ART. 99. Who grants time allowances. –
Whenever lawfully justified, the Director
09/05/2022
of the Bureau of Corrections, the Chief of
the Bureau of Jail Management and

Penology and/or the Warden of a
provincial, district, municipal or city jail
shall grant allowances for good conduct.
Such allowances once granted shall not be
revoked." 274
COMMUNITY
• After the convicts have passed through the
correction component – either
09/05/2022
unconditionally, or by parole or pardon –
they go back to the community, and

either lead a normal lives as law abiding
citizens or, regrettably commit another
crime & thus go back through the same
process of the CJS again.
276
Community
• Is a group or person living in particular
community.
09/05/2022
• It is the LARGEST pillar in the CJS.

• It is also known as the INFORMAL
pillar of CJS
277
Components of Community
1. Family/ Home
2. School
09/05/2022
3. Church

4. Mass Media
5. The Government
6. Barangay
278
It is known as the
SMALLEST UNIT in the
09/05/2022
community

Family
279
1.a. Family
• It is the basic and most important
component of the community.
09/05/2022
• Is a group of people affiliated by

consanguinity and/or affinity.
280
1.b. Home
• It is the cradle of human personality.
• Where the fundamental values of a person
09/05/2022
is first taught and encourage.

281
2. School
• It is an institution or place of instruction or
education.
09/05/2022
• They are known as second home of the

students.
282
3.Church
• It is the religious society founded and
established by Jesus Christ to receive,
09/05/2022
preserve, and propagate his doctrines and
ordinances.

283
4. Government
• They are in control over all the pillars of
the criminal justice system which aims in
09/05/2022
the control and prevention of crime.

284
5. Mass media
• They are the best instrument for
information dissemination and the best
09/05/2022
source of knowledge to the public.

285
It is known as the smallest political unit
in a community.
• Barangay
09/05/2022
286
P.D. 603 (Sec. 4 and 5 )
• Child and Youth Welfare Code
• the responsibilities of the children, and the
09/05/2022
right, duties, and liabilities of parents in

the rearing of the children.
287
P.D. 907
• It is the law that grants automatic
09/05/2022
eligibility to all honor student
graduates of any collegiate course.

• Ex: Laude
288
CRIMINAL JUSTICE
SYSTEM within a context
of DEMOCRACY
DEMOCRACY
“A government of the People, by
09/05/2022
the People and for the People.”

290
COMPONENTS:
1. FORMAL - PNP uniformed personnel, NBI
and other Government Law Enforcers.
09/05/2022
2. INFORMAL - Citizenry (private

individuals); “members” (police non-
officers).
291
PEOPLES POWER
• the greatest source of power to wage
09/05/2022
war against criminality and other
threats lies among the people.

292
IMPORTANCE OF COORDINATION AMONG THE
FIVE (5) PILLARS OF THE CJS:
09/05/2022
It should now be evident that the Philippine
Criminal Justice System is not just the
agencies charged with law enforcement; not

just the prosecution arm of the government;
nor just the courts; nor just the correctional
system, nor just the community. The Criminal
Justice System is all of these "pillars"
considered collectively.
293
So also, it should now be obvious that, for
an effective Criminal Justice System to work
speedily, it is essential for all these five (5)
09/05/2022
pillars to work with dispatch and in full
coordination with each other. Any perceived

failure of the CJS in a particular given case
due to some deficiency in one pillar cannot be
blamed upon any of the other pillars.
294
KATARUNGANG
PAMBARANGAY
RA 7160
• The Local Government Code of 1991.
• Katarungang Pambarangay Law
09/05/2022
Formerly PRESIDENTIAL DECREE No.
1508
296
Katarungang Pambarangay
• is justice administered in the barangay
level. It is a system of amicably settling
09/05/2022
disputes among families in barangay levels
without judicial recourse.

297
SALIENT FEATURES OF THE KP:
• It makes barangay settlement a PRE-
09/05/2022
REQUISITE to the bringing of suit to
the regular courts of justice.; and

• Parties may not be represented by
counsel or anyone else.
298
Are all cases be mandated by the
law to undergo first the process of
katarungang pambarangay before
09/05/2022
it will go on judicial process?

• NO
• Under the New Local Government Code, all offenses
punishable by at least one (1) year imprisonment
and P5,000.00 fine is now within the Jurisdiction of
the Lupon. 299
LUPONG
TAGAPAMAYAPA
Composition and constitution of the LT
• Created in each barangay referred to as

the LUPON, composed of:
09/05/2022
1. punong barangay - chairman; and

2. ten to twenty members
301
How long will be the tenure of duty of the
Lupon?
• three (3) years
09/05/2022
302
Who may be appointed as member of the
Lupon?
1. any person actually residing or working
09/05/2022
in the barangay,

2. not otherwise expressly disqualified
by law,
3. possessing integrity, impartiality,
independence of mind sense of
fairness, and reputation for probity. 303
Who will be appointed as the Secretary
of the Lupon?
09/05/2022
• The barangay secretary shall
concurrently serve as the secretary

of the lupon who shall:
304
Pangkat ng Tagapagkasundo
• It consists of three (3) members
09/05/2022
who shall be chosen by the
parties to the dispute from the list

of members of the lupon.
305
What if the parties fail to agree on
the Pangkat membership?
09/05/2022
• It will be determined by lots drawn

by the lupon chairman.
306
How much will be the salary of
the Lupon?
09/05/2022
They shall serve without
compensation.
307
OFFENSES PUNISHABLE BY RPC
COGNIZABLE BY THE LUPON
1. Alarms and Scandals (Art. 155);
2. Use of False Certificates (Art. 175);
09/05/2022
3. Concealing One’s True Name and Other Personal
Circumstances (Art. 178, part 2);

4. Physical Injuries Committed in Tumultuous Affray (Art. 252);
5. Slight Physical Injuries and Maltreatment (Art. 266);
6. Other Forms of Trespass (Art. 281);
7. Other Light Threats (Art. 285);
8. Other Light Coercion or Unjust Vexations (Art. 287);
9. Some Forms of Thefts (Art. 308, par. 3, & Art. 309, par. 8)
308
OFFENSES PUNISHABLE BY RPC
COGNIZABLE BY THE LUPON
10.Altering Boundaries or Landmarks (Art. 313);
11.Other Deceits (Art. 318);
09/05/2022
12.Arson of Property of Small Value (Art. 323);
13.Social Cases of Malicious Mischief (Art. 328);

14.Other Mischief (Art. 329);
15.Slight Slander (Art. 358);
16.Slander by Deed Not of a Serious Nature (Art. 359);
17.Intriguing Against Honor (Art. 364);
18.Theft, Swindling or Malicious Mischief Committed or Caused
by Certain Relatives, Where There is No Criminal but Only Civil
Liability.
309
VENUE
1.Disputes between persons actually residing
in the same barangay shall be brought
09/05/2022
before the lupon of the said barangay;

2.Those involving actual residents of
different barangays within the same city or
municipality shall be brought in the
barangay where the respondent or any of
the respondents actually resides, at the
election of the complainant; 310
3.All disputes involving real property or any interest
therein shall be brought in the barangay where
09/05/2022
the real property or the larger portion thereof is
situated; and

4.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.
311

Philippine Criminal Justice System

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CRIMINAL JUSTICE

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

acts committed by minor offense. © 2006 Network TwentyOne International

1. There must be an act or omission

3. Act or omission be Punishable by law

ERIC SAWATI CATTE, CCS, CSP

Not every crime that is committed is

THE FIRST PILLAR

POLICE GENERAL POLICE EXECUTIVE MASTER SERGENT

The Police refers to the police

• Police officer (in both warrantless and

a. It shall be issued upon probable cause.

ERIC SAWATI CATTE, CCS, CSP

A. It shall be issued upon probable cause;

VALIDITY As long as the person to Ten days from its

POSSESSION May not be in possession Must be in possession

• A person lawfully arrested maybe

• Is committed by a public officer or

• Is any questioning initiated by law

a. The question being asked are no

• Is a simple questioning of a person who is

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

• Are those than in open court in

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

2. File corresponding criminal

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

A. It is intended to secure the innocent

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

The authority of the judges of the

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP

© 2006 Network TwentyOne International

A. Both shall be in writing.

ERIC SAWATI CATTE, CCS, CSP

ERIC SAWATI CATTE, CCS, CSP