INTRODUCTION TO

PHILIPPINE
CRIMINAL JUSTICE
SYSTEM
ATTY. JANIL JAY S. EQUIZA
Criminal Justice System – The machinery
which the society uses in the prevention
and control of crimes. It may also refer to
the totality of the activities of the law
enforcers, prosecutors, judges, and
corrections personnel, as well as those of
the mobilized community in crime
prevention and control.
 In theory, Criminal Justice System is an integrated apparatus that is
concerned with the following:

● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● rehabilitating or correcting criminal offenders.
Primary Goals of Criminal Justice System:

1. Protect members of society against crime.

2. Maintain peace and order.

Secondary Goals of Criminal Justice System:

1. The prevention of crime
2. The suppression of criminal conduct by apprehending offenders for the prevention is ineffective.
3. The review of the legality of our preventive and suppressive measures.
4. The judicial determination of guilt or innocence of those
apprehended.
5. The proper disposition of those who have been legally
found guilty.
6. The correction by socially approved means of the
behavior of those who violate the law.

People involved in the system (Parties to the criminal

case)
1. Accused- the alleged offender
2. Victim/private complainant- the forgotten party
3. People of the Philippines- the actual offended party
PHILOSOPHICAL APPROACHES
BEHIND CRIMINAL JUSTICE SYSTEM
1. Adversarial Approach
 Where the accused is innocent until proven
guilty.
2. Inquisitorial Approach
 Where the accused is guilty until proven
innocent.
ADMINISTRATION OF JUSTICE:
THE OUTPUT OF THE CRIMINAL
JUSTICE SYSTEM AND THE END
RESULT OF ITS PROCESS.
WHAT IS JUSTICE?
Justice - is a social norm providing guidance for people in their dealings with one another; as standard against
which actions are evaluated; and as a prescription for requirement that people act justly (Bird).

-A social standard offering a medium of control of the people’s dealing with one another.
 Essence of Justice under the Philippine
Constitution

Under Sec. 1, Art III of the 1987 Philippine

Constitution , no person shall be deprived of life,
liberty or property without due process of law, nor
shall a person be deprived of the equal protection of
law. This guarantee dictates that in order that justice
will be realized there must be the observance of due
process. Due process is a guaranty against any
arbitrariness on the part of the government, whether
committed by the legislative, executive or the
judiciary.
KINDS OF DUE PROCESS
a. Substantive Due Process (Substantive Justice) – this
requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty or
property.

- It is concern which behaviors are to be made

criminal violations and what sanctions the law should
provide for dealing those who commit crimes.
b. Procedural due process (Procedural
Justice) – is one which hears before it
condemns which proceeds upon inquiry and
renders judgment only after trial. It is concerned
with how the law is administered.

-It refers to how offenders are brought

before the bar of justice and the procedures
used in gathering and presenting evidence,
determining the guilt or innocence of the
accused and deciding on the sentence to be
imposed on those convicted.
 Criminal Justice System

ELEMENTS FOR THE DISPENSATION OF

ABSOLUTE JUSTICE

The absolute ability to

identify the law
violator.
 Criminal Justice System

Elements for the Dispensation of Absolute Justice

The absolute ability to

apprehend the
law violator.
 Criminal Justice System

Elements for the Dispensation of Absolute Justice

The absolute ability to

punish the law
violator.
 Criminal Justice System

Development of Laws
Types of Mistakes in an Attempt to Administer Justice

The innocent is punished.

The guilty escapes the punishment.

The guilty are punished more severely than necessary.

The guilty are punished less severely than necessary.

SCHOOL OF THOUGHTS ABOUT JUSTICE
1. Positive Law Theory states that actions are
unjust if they violate or are contradictory to the law,
and JUSTICE is SERVED BY ADHERING TO THE
LAW.

2. Social Good Theory states that justice is more

than one finds in positive law, that there are
standards or concepts of what is in best interest of
the society, and that man made laws can be judged
against these standard or concept and found
lacking.
3. Natural Right Theory states that natural laws
exist and governs the affairs of men as much as it
does the phenomenon of physical universe. This
school may be summarized by this rule: RENDER
TO EACH HIS RIGHT OR DUE.
WHAT IS LAW?
Law is a major input to the criminal justice
system. Law is society’s primary instrument for
making known what acts are crimes and what
sanctions may be applied to those who commit
acts defined crimes.

-a rule of conduct, just, obligatory, promulgated

by the competent authority for the common good
of a people or nation, which constitutes an
obligatory rule of conduct for all its members.
TYPES OF LAW
1. Common Law – is a body of unwritten laws based on legal
precedents; may guide court rulings when outcome undetermined based
on written rules of law.

2. Constitution – Fundamental law of the land.

3. Statutory Law – a legislated law; or law made by legislatures

3. Case Law – also known as jurisprudence, these are found in the decision of cases decided by the courts especially by the Supreme Court.

4. Ordinance- laws passed by Local Government Units i.e. Sangguniang Panlalawigan, Sangguniang Bayan.

5. Policies, Rules and Regulations- policies passed by administrative agencies and/or constitutional commission which has force and
effect of a law i.e. Civil Service Commission, COMELEC
CIVIL LAW VS. CRIMINAL LAW

1. Civil Law – law which has something to do with such things as CONTRACTS, WILLS, INHERITANCES, MARRIAGE,
PROPERTY, DIVORCE, ADOPTION and the like, and with PRIVATE INJURIES which are called “TORTS”.

2. Criminal Law – is that branch or division of law which defines crimes, treats of their nature and provides for their
punishment.
TWO DISTINCT ELEMENTS OF CRIMINAL
LAW

a. Major Purpose or Function – is the

preservation of social order in the society.

b. Sanctions – referred to as “satisfaction to the

public”, which are imposed on the person by the
State as to “pays his debt to society”.
CLASSIFICATION OF CRIMINAL LAW

 Substantive Criminal Law- defines

elements that are necessary for an act to
constitute a crime and therefore punishable.

 Procedural Criminal Law- refers to a statute

that provides procedures appropriate for the
enforcement of the Substantive Criminal law.
WHAT IS CRIMINOLOGY?

-It is defined as the body of knowledge regarding crime

as a social phenomenon.

- is the study of crime and criminal behavior,

informed by principles of sociology and other non-
legal fields, including psychology, economics,
statistics, and anthropology.
CONCEPT OF A CRIME

-Crime is voluntary and intentional violation by a legally

competent person of a legal duty that commands or
prohibits an act for the protection of society. (Atty. Gabao,
2013)

-Crime is an act committed or omitted in violation of a public

law forbidding or commanding it. (Reyes, 2013)
WHO IS A CRIMINAL?

-A person who committed or omitted an act which is in violation of

law and being convicted and punished for such violation of law.

-The criminal is the principal character in

the processes conducted by the 5 pillars
 Criminal Justice System

Criminals
Criminological
Sense
A person who committed
the crime regardless
whether or not it has been
referred or reported to the
police for investigation.
 Criminal Justice System

Criminals
Legal Sense
A person who committed the crime
and undergo the judicial process and
upon determination by the court that
he or she is guilty beyond reasonable
doubt.
 Criminal Justice System

Criminals
Criminal Justice Sense
One who has undergone a process
and went through all the pillars of
the Criminal Justice System.
BASIC PRINCIPLES OF CRIMINAL LAW WE
ADHERE TO IN THE ADMINISTRATION OF
THE CJS IN THE PHILIPPINES
 The first is “the presumption of innocence”. This means that
those who are accused of crimes are considered innocent until
proven guilty.

 The second is “the burden of proof which in criminal cases

means that the government must prove beyond reasonable
doubt” that the suspect committed the crime. (Atty. Gabao, 2013)
NOMENCLATURES GIVEN TO THE PERSON
WHO IS BEING PROCESSED UNDER THE
PILLAR OF CRIMINAL JUSTICE SYSTEM

1. At the police stage, during investigation, he is

referred to as the SUSPECT.

2. At the Prosecution 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 judgment has been rendered, he is referred to as
the CONVICT.

5. It is only upon undergoing all the process when the person is already
serving the sentence when he can really be considered as a CRIMINAL. (Atty.
Gabao, 2013)
.
 FIVE PILLARS OF THE PHILIPPINE
CRIMINAL JUSTICE SYSTEM

1. Law Enforcement- the enforcement of the laws

of the land, including the apprehension of possible
violations of such law.
2. Prosecution- the process of accusing the person
in court of a law violation, particularly those criminal
in nature.
3. Court- is the institution charged with the trial, or
finding out whether a person is guilty of a law
violation and determination of his punishment.
4. Correctional Institution- carries out the
correction reformation, punishment, and
rehabilitation of an individual adjudged by a
court of law as guilty of committing a criminal
offense.
5. Community- the newest pillar of PCJS,
being the unit of society where individuals
who have committed criminal offenses and
are deemed reformed and rehabilitated after
undergoing correction, are being accepted as
a totally new and productive citizen.
LAW ENFORCEMENT: THE
FIRST PILLAR OF PHILIPPINE
CRIMINAL JUSTICE SYSTEM
 THE LAW ENFORCEMENT PILLAR

-It is considered as the “initiator” or “prime

mover” of the Criminal Justice System. Law
enforcement is a deterrent and preventive
activity.

-This pillar of the CJS involves prevention of

the commission of crime and the protection of
life, liberty and properties of the citizen.
FUNCTIONS OF LAW ENFORCEMENT
RELATION TO ADMINISTRATION OF THE
CJS

1. To Prevent Criminal Behavior

2. To reduce Crime
3. To apprehend and arrest offenders
4. To protect the life and property
5. To regulate non-criminal conduct
 In the Philippines, the law
enforcement function is spearheaded by
the Philippine National Police (PNP),
the Department of the Interior and
Local Government (DILG), and the
National Bureau of Investigation (NBI)
under the Department of Justice
(DOJ).
Other Law Enforcement agencies in the Philippines.
1. PCG- Philippine Coast Guard
2. PPA- Philippine Ports Authority
3. AFP- Armed Forces of the Philippines
4. AMLC- Anti- Money Laundering Council
5. PDEA- Philippine Drug Enforcement Agency
6. BI- Bureau of Immigration
7. BOC- Bureau of Customs
8. PCTC- Philippine Center on Transnational Crime
9. ATC- Anti-Terrorism Council
10. NICA- National Intelligence Coordinating Agency
11. MMDA- Metro Manila Development Authority
12. SEC- Securities and Exchange Commission
13. LTO-Land Transportation Office
14. DOLE—Department of Labor and Employment
15. BFP- Bureau of Fire and Protection
16. BJMP- Bureau of Jail Management and Penology
BROAD GOALS OF THE PNP
1. Prevent and control crimes.
2. Maintain peace and order.
3. Ensure public safety and security .
DIFFERENT POLICE ACTIVITIES
1. Prevention of crime is intended to prevent root causes of
crime.
2. Repression or suppression of crime is done to reduce the
opportunity of
committing a crime like the act of conducting patrol.
3. Apprehending offenders is also known as arresting
offenders.
4. Conduct search and seizure;
5. Investigation of crime; and
6. Protection of lives and property.
COMMUNITY ORIENTED POLICING

Community Oriented Policing System (COPS) was

established for the law enforcement and community
to have a harmonious relationship with each other.

Under this system, the policemen conduct

seminars, tree planting, and other activities for
them to show how much they care for the
community. In return, the community will have an
active participation in assisting the policemen in
performing their official functions.
THEORIES OF POLICE SERVICE
1. Home Rule - Policemen are considered as
servants of the community.
2. Continental - Policemen are considered as
servants of higher authority.
CONCEPT OF POLICE SERVICE
1. Old Concept
The yardstick of police efficiency is the number of
arrest. Police is a repressive machinery in crime
prevention.
2. Modern Concept
The yardstick of police efficiency is the absence of
crime crime/lesser number of crimes committed.
Police Discretion- It is the wise use of one’s
judgment, personal experience and common
sense to decide a particular situation. Abuse of
discretion resulting to injury to persons or damage
to property is punishable. So the police must be
guided by some basic concepts such as COMMON
SENSE, PERSONAL EXPERIENCE, and SOUND
JUDGMENT.
 THE EVOLUTION OF THE
PHILIPPINE POLICE SERVICE
 SPANISH PERIOD
Carabineros de Seguridad Publica
 Cuerpo de Seguridad Publica
 Organized in 1712 for the purpose of carrying the regulation of the
Department of state: this was armed and considered as the mounted police.
Guardrilleros / Cuardillo
 This was a body of rural police organized in each town and established by
the Royal Decree on 18 January 1836, this decree provide that 5% of the
able-bodied male inhabitants of each province were to be enlisted in this
police organization for three years.
Guardia Civil
 This was created by a Royal Decree issued by the Crown on 12 February
1852 to partially relieve the Spanish Peninsular troops of their work in policing
towns; it considered of a body of Filipino policemen organized originally in
each of the provincial capitals of the central provinces of Luzon.
PHILIPPINE NATIONAL POLICE
 Organized pursuant to RA 6975, otherwise known as An
Act Establishing the Philippine National Police under a
reorganized Department of the Interior and Local Government
and Other Purposes, as amended by RA 8551 or the Philippine
National Police Reform and Reorganization Act of 1998 and
further amended by RA 9708

 Establish and maintain one police force which shall be

national in scope and civilian in character

 A law enforcement agency under the operational control of

DILG and administrative control and operational supervision of
the National Police Commission.
POWERS AND FUNCTIONS OF PNP
(Sec. 24, RA No. 6975)

(a)Enforce all laws and ordinances relative to the

protection of lives and properties;

(b) Maintain peace and order and take all

necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the

arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
(e) Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and

explosives in accordance with law;

(g) 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 practice of their professions; and

(h) Perform such other duties and exercise all other

functions as may be provided by law.
ARREST
ARREST- is the taking of a person into custody in
order that he may be bound to answer for the
commission of an offense.

MANNER OF CONDUCTING ARREST- An arrest is

made by actual restraint of a person to be arrested,
or by his submission to the custody of the person
making an arrest.

WARRANT OF ARREST- Warrant of arrest is an

order in writing issued in the name of People of the
Philippines, signed by the judge and directed to a
peace officer, commanding him to arrest a person or
persons stated therein and deliver them before the
court.
THE REQUISITES OF A VALID WARRANT OF ARREST ARE
THE FOLLOWING:

a. It shall be issued upon probable cause;

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 person to be arrested. (Sec 2, Art

3 of the Philippine Constitution)

Probable cause is such set of facts and circumstances as would lead a

reasonably discreet and prudent man to believe that the offense charged in the
Information or any offense included therein has been committed by the person
sought to be arrested.
Q: WHO MAY ISSUE A WARRANT
OF ARREST?

A: The 1987 Constitution speaks of

“judges” which means judges of all
levels.
LIFE SPAN OF WARRANT OF ARREST

As long as the person stated in the warrant of arrest is

not arrested, it shall remain valid even if several years
already lapsed. However, the head of the office to
whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within ten (10)
days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was
assigned for execution shall make a report to the
judge who issued the warrant.
 WARRANTLESS ARREST
A peace officer or a private person may, without a warrant ,
arrest a person:

a. When, in his presence the person to be arrested has

committed, is actually committing or is attempting to commit
an offense.

b. When an offense has in fact just been committed and he has

personal knowledge of facts indicating that the person to be
arrested had committed it;

c. When the person to be arrested is a prisoner who has

escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case is
pending or has escaped while being transferred from one
confinement to another.
CONSTITUTIONAL RIGHTS OF PERSON
UNDER ARREST
1. Must be informed of his rights.
2. No means of force to vitiate the free will shall
be used against him.
3. Any confession or admission obtained in
violation of his rights be admissible in evidence
against him.
“You have the right to remain silent. Anything you say can and
will be used against you in a court of law. You have a right to an
attorney. If you cannot afford an attorney, one will be appointed
for you.”
WHO ARE THE PERSONS NOT SUBJECT TO
ARREST?
1. The President, during his tenure of office or actual
incumbency, may not be sued in any civil or criminal
case
2. A senator or member of the House of Representatives
shall, in all offenses punishable by not more than 6 years
imprisonment, be privileged from arrest while congress
is in session.
2. Under the generally accepted principles of
international law, sovereign and other chiefs of state,
ambassadors, ministers plenipotentiary, ministers
resident, and charges d’affaires are immune from the
criminal jurisdiction of the country of their assignment
and are therefore immune from arrest.
WHAT ARE THE CONSEQUENCES
OF ILLEGAL ARRESTS?

1. The documents, things or articles seized following the

illegal arrest are inadmissible in evidence;
2. The arresting person may be held criminally liable for
illegal arrest under Art. 269, RPC;
3. Arresting officer may be held civilly liable for the
damages under Art. 32, NCC; and
4. He may also be held administratively liable.
 SEARCH AND SEIZURE

DEFINITION OF TERMS:
Search- is defined as the act of looking into carefully in order
to find some concealed items.

Seizure- is to take into custody of something.

POWER TO CONDUCT SEARCH

General Rule: A warrant is needed before search. Validity of

warrant is 10 days from
its date.
 WARRANTLESS SEARCH

a. 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 an offense without search warrant.

b. Consented search - the right against unreasonable

search and seizure may be
voluntarily waived by a person being searched.

c. Plain view doctrine- illegal things at sight may be seized

even without a warrant to do so. The things must be readily
seen without any effort of locating it.
d. Search conducted by Bureau of
Customs

e. Search conducted by Security Guards

on post

f. Search in moving vehicles/checkpoints-

Under search in moving vehicle especially
in checkpoints, moving vehicles may be
searched provided that it is limited to visual
Search.
WHEN TO SERVE SEARCH WARRANT?

The search warrant must direct that it be

served in the day time, unless the affidavit
asserts that the property is on the person or
on the place ordered to be searched, in
which case, a direction may be inserted that
it be served at any time of the day or night.
WHAT IS CUSTODIAL INVESTIGATION?

Custodial Investigation is the stage “where

the police investigation is no longer a general
inquiry into an unsolved crime but has begun to
focus on a particular suspect taken into custody by
the police who carry out a process of interrogation
that lends itself to elicit incriminating statements”
(People v. Sunga, 399 SCRA 624).
WHAT ARE THE RIGHTS OF PERSONS UNDER
CUSTODIAL INVESTIGATION?

a) Right to be informed of his right to remain silent;

b) Right to have a competent and independent
counsel preferably of his own choice or to be
provided with one;
c) Right against torture, force, violence, threat, and
intimidation or any other means which vitiates his
free will;
d) Right not to be held in secret, solitary,
incommunicado, or any other similar forms of
detention.
Q: What are the requirements in order
that an admission of guilt of an
accused during a custodial
investigation be admitted in evidence?

A: An admission of guilt during a custodial

investigation is a confession. To be
admissible in evidence, the confession must
be voluntary, made with the assistance of
competent and independent counsel,
express and in writing.
PROSECUTION: THE SECOND
PILLAR OF PHILIPPINE
CRIMINAL JUSTICE SYSTEM
 PROSECUTION DEFINED

● Prosecution is the process or method whereby accusations

are brought before the court of justice to determine the guilt or
innocence of the accused.

● Serving as the lawyer of the State/government in criminal

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

The prosecution service is made up of Provincial and City Public

Prosecutors under the National Prosecution Service (NPS). They
perform to types of prosecutorial powers; investigatory and
prosecutory such as:

● They evaluate the police findings referred to them, or other

complaints filed directly
with them by individual persons (e.g. government officers in charge
of enforcement of
law violated);
● They file corresponding INFORMATION OR CRIMINAL
COMPLAINTS in the proper courts
on the basis of their evaluation of the proofs at hand; and
● They prosecute the alleged offenders in court, in the name of the
People of the
Philippines.
PRELIMINARY INVESTIGATION AND
INQUEST PROCEEDINGS
IF A PERSON IS ARRESTED, WHAT IS THE PURPOSE OF
DELIVERING HIM TO THE NEAREST POLICE STATION OR
JAIL AND DETAINING HIM IN THAT PLACE?

It depends. If the arrest is with warrant, the arrested person must be detained for him
to face the case that is already filed against him or to serve his sentence if he is
already convicted. However, if the arrest is without warrant, he must be detained to
undergo an inquest proceeding or preliminary investigation. (Timpac, 2007)
Inquest Proceeding is defined as an informal and
summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained
without the benefit of a warrant of arrest issued by the
court. The inquest serves to determine whether said
persons should remain under custody and correspondingly
be charged in court.

Because it is summary in nature and owing to the

attendant risk of running against the periods under which
detained persons must be delivered to the proper judicial
authorities, an inquest usually ends with either the prompt
filing of an information in court or the immediate release of
the arrested person (Leviste vs Alameda, G.R. 182677, 3
August 2010).
Preliminary investigation, on the other hand, is
an inquiry to determine whether there is sufficient
ground to engender a well-founded belief that a
crime has been committed and the respondent is
probably guilty thereof, and should be held for
trial. This is the usual route taken for initiating a
criminal case where the respondent or offending
party was not arrested without a warrant because
none of the circumstances allowing warrantless
arrest is present.
When is preliminary investigation
required to be conducted?

Before the filing of a complaint or

information for an offense where the
penalty prescribed by law is
imprisonment of at least 4 yrs., 2
months and 1 day.
WHAT IS PROBABLE CAUSE?

Probable cause is the existence of sufficient

ground to engender a well-founded belief
that:

a) A crime has been committed; and

b) The respondent is probably guilty thereof.
WHO ARE AUTHORIZED TO
CONDUCT A PRELIMINARY
INVESTIGATION?
1. Provincial or City prosecutors and their
assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law
(e.g.Ombudman; authorized officer deputized by
COMELEC for election offenses).
COMPLAINT

Complaint is a sworn written statement

charging a person with an offense, subscribed
by the offended party, any peace officer, or
other public officer charged with the
enforcement of the law violated (Sec. 3).
INFORMATION

Information is an accusation in writing

charging a person with an offense, subscribed
by the prosecutor and filed with the court (Sec.
4, Rule 110).
WHAT IS BAIL?

Under the Rules of Court it is the security given for

the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his
appearance before any court as required under the
conditions prescribed under the rules (Sec. 1, Rule
114).
WHEN IS BAIL AVAILABLE?

Bail is available only to persons in custody of

the law.
Note: A person is in custody of law when he is
either arrested or otherwise deprived of his
freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by
surrendering to the proper authorities (Dinapol
v. Baldado AM No. 92- 898, August 5, 1993)
WHAT ARE THE FORMS OF BAIL?
1. Corporate surety/ Bail bond;
2. Property bond;
3. Cash deposit/ Cash bond; AND
4. Recognizance
An obligation of record, entered into before some
court or magistrate duly authorized to take it with the
condition to do some particular act. It is an
undertaking of a disinterested person with high
credibility wherein he will execute an affidavit of
recognizance to the effect that when the
presence of the accused is required in court, the
custodian will bring him to that court. This is
allowed for light felonies only.
 WHERE SHOULD BAIL BE FILED?
1. In the court where the case is pending; or
2. In the absence or unavailability of the judge thereof, with
any RTC judge, MTC judge, or MCTC judge in the province,
city, or municipality.
3. If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may also be filed
with any RTC of said place, or if no judge thereof is
available, with any MTC judge, MCTC therein.
4. Any person in custody who is not yet charged in court may
apply for bail with any court in the province, city, or
municipality where he is held (Sec. 17).
WHEN IS BAIL A MATTER OF RIGHT?

Section 4 of Rule 114 states that all persons in

custody shall be admitted to bail as a matter of right:

1.Before or after conviction by the Metropolitan Trial

Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court;
2.Before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua,
or life imprisonment; and
3.Before judgment of conviction by RTC of an offense
punishable by Death, Reclusion Perpetua or Life
Imprisonment and evidence of guilt is not strong.
BAIL BECOMES AS A MATTER OF DISCRETION

Bail becomes a matter of discretion if the

offense charged is punishable by death,
reclusion perpetua, or life imprisonment that
is, bail will be denied if the evidence of guilt is
strong.
COURT: THE THIRD PILLAR OF
PHILIPPINE CRIMINAL JUSTICE
SYSTEM
Court - Is a government institution that decides a
case, according to the existing laws or the laws of the
land. It adjudicates legal disputes between citizens, or
between the citizens and the government.

Judge - A public officer so named in his commission

and appointed to preside over and to administer the
law in a court of justice.
JURISDICTION VS. VENUE

Jurisdiction- is the power of the court to hear and decide a

particular case and to implement the law and execute
judgement thereon.
Territorial jurisdiction in criminal cases - is the territory
where the court has jurisdiction to take cognizance or to try
the offense allegedly committed therein by the accused.
Venue- the place of trial or geographical location in which an
action or proceeding should be brought. In criminal case, it is
the place where the elements of the crime is committed.
VENUE IN CRIMINAL CASES IS JURISDICTIONAL

Venue in criminal cases is an essential element of jurisdiction. This principle

was explained by the Court in Foz, Jr. v. People, thus:

It is a fundamental rule that for jurisdiction to be acquired by courts in criminal

cases the offense should have been committed or any one of its essential
ingredients took place within the territorial jurisdiction of the court. Territorial
jurisdiction in criminal cases is the territory where the court has jurisdiction to
take cognizance or to try the offense allegedly committed therein by the
accused. Thus, it cannot take jurisdiction over a person charged with an
offense allegedly committed outside of that limited territory. Furthermore, the
jurisdiction of a court over the criminal case is determined by the allegations
in the complaint or information. And once it is so shown, the court may validly
take cognizance of the case. However, if the evidence adduced during the
trial show that the offense was committed somewhere else, the court should
dismiss the action for want of jurisdiction.
COMPOSITION OF PHILIPPINE COURTS
REGULAR COURTS:

Supreme Court- It is the highest court in the Philippines. It reviews the

decision of Court of Appeals and other court of the same level.

Court of Appeals -It is the second highest judicial court after the supreme
court. It reviews decision and orders of the lower court.

Regional Trial Court (RTC)- Has jurisdiction over offenses punishable with
imprisonment of six years and one day and over

Inferior Courts
● Metropolitan Trial Court
● Municipal Trial Court
● Municipal circuit Trial Court
-Has jurisdiction over a violation of city municipalordinances and offenses
punishable by imprisonment not exceeding six years.
SPECIAL COURTS:

Sandiganbayan- It is a special court that has jurisdiction over

criminal and civil cases involving graft and corrupt practices of
public officers. Created pursuant to PD 1606.

Court of Tax Appeals (CTA)- Has exclusive appellate

jurisdiction to review and appeal the
decision of the Commissioner of the Bureau of Internal
Revenue involving internal revenue taxes and decisions of the
Commissioner of the Bureau of Customs involving customs
duties. Created pursuant to RA 1125
• Shari’a Court
• Shari’a DistrictCourt
• Shari’a Circuit Trial Courts
-Created pursuant to PD 1083, otherwise known as the “Code
of Muslim Personal Laws of the Philippines”. Cases brought
before this court is civil in nature.
-These are courts of limited jurisdiction which are presided by
District Judges
-These are presided by circuit judges.

Family Court- this special court was established by virtue of

RA 8369,otherwise known as Family Courts Act of 1997". It
covers criminal cases where one or more of the accused is
below eighteen (18) years of age but not less than nine (9)
years of age or where one or more of the victims is a minor at
the time of the commission of the offense.
STAGES OF CRIMINAL ACTION

1. Arraignment- is the proceeding in a criminal case, whose object

is to fix the identity of the accused, to inform him of the charge, and
to give him an opportunity to plead, or to obtain from the
accused his answer, in other words, his plea to the
information.
Arraignment is made:
1. in open court where the complaint or information has been filed or
assigned for trial;
2. by the judge or clerk of court;
3. By furnishing the accused with a copy of the complaint or information;
4. Reading it in a language or dialect known to the accused;
5. Asking accused whether he pleads guilty or not guilty.
6. Both arraignment and plea shall be made of record but failure to enter of
record shall not affect the validity of the proceedings.
2. Pre-Trial - an informal trial which precedes the regular
trial. Primarily intended to expedite the proceeding. This is
done through a Pre-Trail Conference conducted by the court.

Purpose of Pre-trial
1. Plea bargaining- Plea bargaining is the process whereby
the accused, the offended party and the prosecution work
out a mutually satisfactory disposition of the case subject to
court approval.
2. Stipulation of facts;
3. Marking for identification of evidence of parties;
4. Waiver of objections to admissibility of evidence;
5. Modification of the order of the trial if one of the accused
admits the charge but interposes a lawful defense (reverse
trial); and
6. Such other matters as will promote a fair and expeditious
trial of the civil and criminal aspects of the case.
WHEN IS PRE-TRIAL HELD?
After arraignment and within thirty (30) days
from the date the court acquires jurisdiction
over the person of the accused.
3. Trial - the formal investigation of the matter in
issue with respect to the action before a competent
court for the purpose of determining such issue that
involves the guilt or innocence of the accused.

-After a plea of not guilty is entered, the accused

shall have at least fifteen (15) days to prepare for
trial. The trial shall commence within 30 days from
receipt of pre-trial order.
WHAT IS THE ORDER OF TRIAL IN CRIMINAL CASES?
In criminal cases, the trial shall proceed in the following order:
1. The prosecution shall present evidence to prove the charge
and, in the proper case, the civil liability.
2. The accused may present evidence to prove his defense,
and damages, if any, arising from the issuance of a provisional
remedy in the case.
3. The prosecution and the defense may, in that order, present
rebuttal and sur- rebuttal evidence unless the court, in furtherance
of justice, permits them to present additional evidence bearing
upon the main issue.
4. Upon admission of the evidence of the parties, the case
shall be deemed submitted for decision unless the court directs
them to argue orally or to submit written memoranda (Sec. 11, Rule
119).
4. Judgement - it is an adjudication by the court that the
accused is guilty or not guilty of the offense charged and
the imposition of the proper penalty and civil liability, if any
(Sec. 1). It is a judicial act which settles the issues, fixes
the rights and liabilities of the parties, and is regarded as
the sentence of the law pronounced by the court on the
action or question before it (Sec. 1, Rule 120).
What are the requisites of judgment?
It must be:
1. Written in official language;
2. Personally and directly prepared by the judge;
3. Signed by the judge; and
4. Contain clearly and distinctly a statement of the
facts and the law upon which it is based (Sec. 1, Rule
120).
5. Appeal- It is a proceeding for review by which the whole
case is transferred to the higher court for a final determination.
It is not an inherent right of a convicted person. The right of
appeal is statutory. Only final judgments and orders are
appealable.
Who may appeal?
Any party may appeal from a judgment or final order.

When appeal may be made?

Within 15 days – period of entering appeal from the date
of
promulgation.
After 15 days without appeal – the decision shall be Final
and Executory.
CORRECTION: THE FOURTH
PILLAR OF PHILIPPINE
CRIMINAL JUSTICE SYSTEM
 CORRECTION PILLAR

Correction is a branch of the Criminal Justice System

concerned with the custody, supervision and rehabilitation of
criminal offenders. A pillar in PCJS which is mandated to
administer rehabilitation programs for offenders to get them
ready to be integrated in the community again.

Penology is the study of punishment for crime or of criminal

offender. It includes the study of control and prevention of crime
through punishment of criminal offenders.

The term derived from the Latin word “poena” which means pain
or suffering. Penology is otherwise known as Penal Science.

Punishment - it is the redress that the state takes against an

offending member of society that usually involve pain and
suffering.
WHY IS CORRECTION THE WEAKEST PILLAR
OF THE CRIMINAL JUSTICE SYSTEM?

Correction is the weakest pillar of the criminal justice

system because of its failure to reform and rehabilitate
offenders and prevent them from returning to a criminal
life.

CLASSIFICATIONS OF CORRECTIONS

a. Institutional correction deals with jails, prisons, and

colonies where a convict is going to serve his sentence.
b. Non-institutional correction deals with service of
sentence of a convict outside an institution. It is also
known as community – based – treatment.
JUSTIFICATIONS OF PUNISHMENT/PURPOSE
OF CORRECTION

1. Retribution – Offenders should be punished because

they deserve it.
2. Expiation or Atonement – it is punishment in the form
of group vengeance where the purpose is to appease the
offended public or group.
3. Deterrence – punishment gives lesson to the offender
by showing to others what would happen to them if they
violate the law.
4. Incapacitation and Protection – the public will be
protected if the offender has being held in conditions
where he cannot harm others especially the public.
5. Reformation or Rehabilitation – it is the
establishment of the usefulness and responsibility of the
offender.
PENALTY is defined as the suffering inflicted by the state
against an offending member for the transgression of law.

JURIDICAL CONDITIONS OF PENALTY

Punishment must be:
1. Productive of suffering – without however affecting the
integrity of the human personality.
2. Commensurate with the offense – different crimes must
be punished with different penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be
punished, no proxy.
4. Legal – the consequence must be in accordance with the
law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
Jail - Is a short term detention facility where a person convicted or
suspected of a crime is detained, it holds people awaiting trial, under
investigation and people sentenced for a short duration which is below 3
years sentence. Jails include provincial, district, city and municipal jails
managed and supervised by the Provincial Government and the Bureau of
Jail Management and Penology (BJMP), respectively, which are both under
the Department of the Interior and Local Government

TYPES OF JAILS:

1. Lock-up Jails – is a security facility, common to police stations, used for

temporary confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted
criminal offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum
custody offenders who are serving short sentences.
Prison – A place of long term confinement for those
convicted of serious crimes, the sentence is above 3 years,
or place which refers to the national prisons or
penitentiaries managed and supervised by the Bureau of
Corrections, an agency under the Department of Justice.

General Classification of Inmates

1. Detention Prisoners/Detainee – those detained for
investigation, preliminary hearing, or awaiting trial.
2. Sentenced Prisoners/Prisoners – offenders who are
committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.
3. Prisoners who are on Safekeeping – includes non-
criminal offenders who are detained in order to protect the
community against their harmful behavior.
Prisoners- any person detained/ confined in jail/ or
prison for the commission of offense or convicted and
serving sentence in the institution.
Mittimus- is a warrant issued by a court bearing its seal
and the signature of the judge directing the jail
authorities to receive the convicted offender for service
of sentence.
Commitment order- is a written order of a court or
authority consigning a person to jail or prison for
detection.
CLASSIFICATION OF SENTENCED PRISONERS:

Insular or National Prisoners - Those sentenced to suffer

a term of sentence of 3 years and 1 day to life
imprisonment.

Provincial Prisoners- those persons sentenced to suffer a

term of imprisonment from 6 months and 1 day to 3 years
or a fine not more than 1,000 pesos, or both.

City Prisoners - Those sentenced to suffer a term of

imprisonment from 1 day to 3 years or a fine of not more
than 1,000 pesos or both.

Municipal Prisoners - Those confined in Municipal jails to

serve an imprisonment from 1 day to 6 months.
Prisons:

The different prisons in the Philippines are the following:

1. The Old Bilibid Prison is known at present as the Manila City

Jail. The Manila government swapped its property located at
Muntinlupa to the Old Bilibid Prison which was owned by the
national government. The national government built the New
Bilibid Prison in said lot at Muntinlupa.

2. The New Bilibibid Prison. It has 2 satellites namely:

1. Bukang Liwayway houses minimum security prisoners who

work in the various projects of the institution.

2. Sampaguita Camp is where the Reception and Diagnostic

Center, Medium Security Unit, and Youth Rehabilitation Center
are located.
THE DIFFERENT PENAL COLONIES IN THE
PHILIPPINES AND THEIR LOCATION:

The penal colonies of the Philippines together with their

locations are the following:

a. San Ramon Prison and Penal Farm located in Zamboanga;

b. Iwahig Penal Colony located in Palawan;
c. Davao Penal Colony located in Davao City;
d. Correctional Institution for Women located in Mandaluyong;
and
e. Sablayan Penal Colony located in Occidental Mindoro.
f. Leyte Penal Colony located in Abuyog (Tadio, 1996).
NON-INSTITUTIONAL CORRECTIONS

1. Probation- is a disposition under which a defendant, after

conviction and sentence, is released subject to conditions
imposed by the court and under the supervision of a probation
officer.

2. Pardon -It is defined as an act of grace proceeding from the

power entrusted with the President which exempts the individual on
whom it is bestowed, from punishment the law inflicts for a crime
he has committed.

a. Absolute Pardon- given without any condition.

b. Conditional Pardon- given with conditions.

3. Amnesty - is an act of sovereign power granting oblivion or

general pardon for a past offense usually granted in favor of certain
classes of persons who have committed crimes of a political
character, such as treason, sedition, rebellion.
4. Parole is the suspension of sentence of a convict after
having served the minimum of the sentence imposed
without granting pardon, prescribing the terms of the
suspension. It was created pursuant to Act No. 4103,as
amended. It is the intent of the law to uplift and redeem
valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of
personal liberty.

5. Reprieve and Suspension of Sentence are the

temporary stay or postponement of sentence especially
when the penalty imposed is death.

6. Commutation of Sentence - is an act of the President

reducing the penalty of a convict.
COMMUNITY: THE THIRD
PILLAR OF PHILIPPINE
CRIMINAL JUSTICE SYSTEM
 Philippine Criminal Justice System

The Pillars in the CJS

Community Pillar
It helps the penitent offender to
become law-abiding citizen by
accepting the ex-convicts’ reentry and
assists said penitent offender lead a
new life as a responsible member of
society.
 A pillar in PCJS includes people itself and People’s
Organization. The primary role of this pillar is to provide
assistance to an offended party.
As one of the pillars or component of CJS, the
community with its massive membership has vital
responsibilities in terms of crime control, maintenance of
order and the like.
The citizens can achieve these roles by , among
others :
a. Identifying offenders
b. Volunteering as witnesses
c. Giving data about illegal activities
d. Adopting precautionary measures to diminish
crime
COMMUNITY ORIENTED POLICING

Community Oriented Policing System (COPS) was

established for the law enforcement and community
to have a harmonious relationship with each other.

Under this system, the policemen conduct

seminars, tree planting, and other activities for
them to show how much they care for the
community. In return, the community will have an
active participation in assisting the policemen in
performing their official functions.
Community Relations may be defined as the total effort of
the criminal justice system to become an accepted part of
the community.

How can police-community relation be achieved?

a. Through constant dialogues, and seminars.
b. The police must follow the rule of law on dealing with
the citizens.
 KATARUNGANG
PAMBARANGAY LAW OR
BARANGAY JUSTICE SYSTEM
 The Katarungang Pambarangay or Barangay
Justice System is a community-based dispute
settlement mechanism that is administered by the basic
political unit of the country, the barangay. As a
community based mechanism for dispute resolution, it
covers disputes between members of the same
community (generally, same city/municipality) and
involves the Punong Barangay and other members of
the communities (the Lupon members) as
intermediaries (mediators, conciliators, and, sometimes,
arbitrators).
 The establishment and operation of the Barangay
Justice System is mandated by Republic Act No. 7160 or
the Local Government Code of 1991. Prior to this law,
however, the establishment of the Barangay Justice System
had been covered by Presidential Decree 1508 in 1978 and
Batas Pambansa Blg. 337 or the 1983 Local Government
Code. When PD 1508 first decreed the setting up of the
Barangay Justice System, the law had the following
objectives:
 To promote the speedy administration of justice
 To minimize the indiscriminate filing of cases in courts
 To minimize the congestion of court dockets and thereby
enhance the quality of justice dispensed by the courts
 To perpetuate and recognize the time-honored tradition
of amicably settling disputes at the community level
 The Punong Barangay and the community
conciliators (Lupon members) do not act as
judges or adjudicators of disputes but as
facilitators for the disputing parties’ discussion of
possible solutions. For this reason, the personal
appearance and participation of the disputing
parties is necessary, while the non-appearance of
the parties will have corresponding sanctions. Also
because of the need for the disputing parties’
personal participation in the conciliation
proceedings, disputes involving non-natural
persons like corporations are not subject to the
conciliation proceedings of the Barangay Justice
System.
COMPOSITION AND QUALIFICATIONS OF LUPON
Who has the authority to constitute the Lupon? The Punong
barangay can appoint the Lupon members. It is his/her exclusive
prerogative — no need for approval, confirmation or ratification of the
Sangguniang barangay.
What if the Punong barangay fails to organize the Lupon?
He/she can be charged of neglect of duty and be subjected to
administrative sanctions.
When and how can a Punong barangay constitute the Lupon?
Within fifteen (15) days from the start of term as Punong barangay,
they should issue a notice to constitute the Lupon and prepare the list
of the names of proposed Lupon members.
How many people should the Punong barangay include in the
list? Minimum of ten and a maximum of twenty (10-20) persons
 Who are qualified to be members of the Lupon? Anybody who is
an actual resident or working in the barangay, of legal age and possesses
the following qualities: integrity, impartiality, independence, fairness,
reputation for probity, patience, resourcefulness, open-mindedness and
flexibility, can be a member of the Lupon.
Qualified as Lupon members
 actual residents/working in the barangay
 of legal age
 with the qualities mentioned above
Disqualified to be Lupon members
 below 18 yrs of age
 incompetent
 convicted of a crime carrying with it penalties of perpetual or temporary
disqualification from holding public office
 elected government official
 member of armed forces who is in the active service
WHAT ARE THE CRIMINAL CASES THAT IS
COVERED BY KATARUNGANG
PAMABARANGAY LAW?

Offenses for which the law prescribes a maximum

penalty of imprisonment for not more than one (1) year or a
fine not exceeding five thousand pesos (P5,000.00).
• Using False Certificates
(Art. 175, RPC)
• Illegal Use of Uniforms
and Insignias (Art. 179)
• Physical Injuries
Inflicted in a
Tumultuous Affray (Art,
252, RPC)
• Giving Assistance to
Consummated Suicide
(Art. 253, RPC)
• Responsibility of
Participants in a Duel if
only Physical Injuries
are Inflicted or No
Physical Injuries Have
Been Inflicted (Art.
260, RPC)
• Slight Physical Injuries
and Maltreatment (Par.
3, Art. 266)
• Abandonment of a
Person in Danger and
Abandonment of One’s
Own Victim (Art. 275)

• Light Threats (Art. 283)

• Theft (if the value of
the property stolen does
not exceed P500, and the
offender shall have
acted under the impulse
of hunger, poverty, or
difficulty of earning a
livelihood for the
support of himself or his
family.) (Art. 309)
• Qualified Theft (if the
value of the property
stolen does not exceed
P500) (Art. 310)
• Other Forms of Swindling
(Art. 316)
• Swindling a Minor (Art.
317)
• Removal, Sale or Pledge
of Mortgaged Property
(Art. 319)
• Special Cases of
Malicious Mischief (if the
value of the property
does not exceed P40k)
(Art. 328)
• Simple Seduction (Art.
338)
• Acts of Lasciviousness
with the Consent of the
Party (Art. 339)
• Incriminating Innocent
Persons (Art. 363)
• Issuing Checks Without
Sufficient Funds (BP 22)
• Fencing of Stolen
Properties (if the
Property Involves is NOT
more than P50.00)
THE DISCUSSION ENDS HERE…

THANK YOU!