SOCIOLOGY OF CRIMES, ETHICS AND HUMAN RELATIONS (15%)

PHILIPPINE CRIMINAL JUSTICE SYSTEM

by:
PROF. ABELARDO D. SEVILLA
Reg. Crim., M.S. Justice, Ph.D. Crim. (on -going)
6th Placer, May 2005 Criminologist Licensure Examination

CRIMINAL JUSTICE SYSTEM

Criminal Justice System refers to the sum total of instrumentation which a society
uses in the prevention and control of crime and delinquency. It refers to the machinery
of the state or government which enforces the rules of conduct necessary to protect life
and property and to maintain peace and order.

It also comprises all the means used to enforce those standards of conduct
which are deemed necessary to protect individuals and to maintain general community
well being.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

1. Arrest
2. Charging
3. Adjudication
4. Sentencing
5. Corrections

CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM

Criminal Law is the basis that takes place in the Criminal Justice System. Only
violations of Criminal Law are being considered and processed in the Criminal Justice
System. Where no violation of Criminal Law or where no commission of the crime
criminal justice as a process will not operate.

CRIMINAL LAW

Criminal Law is that branch of public law, which defines crimes, treats of their
nature, and provides for their punishment.

TWO CLASSIFICATIONS OF CRIMINAL LAW

A. SUBSTANTIVE
-defines the elements that are necessary for an act to constitute as a
crime and therefore punishable.

B. PROCEDURAL
- refers to a statute that provides procedures appropriate for the
enforcement of the Substantive Criminal Law.
-
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE
CJS

1. PRESUMPTION OF INNOCENCE

This means that those who are accused of crimes are considered innocent until
proven guilty. The accused is entitled to all the rights of the citizens until the accused’s
guilt has been determined by the court of law or by the accused’s acknowledgment of
his guilt that he or she indeed committed the crime. No less than the Constitution of the
Philippines provides that an accused shall be presumed innocent until proven guilty.

2. BURDEN OF PROOF

In criminal cases means that the government must prove beyond “reasonable
doubt” that the suspect committed the crime. In order to make sure that only those who
are guilty of the crime as punished, our Rules on Evidence provides that the evidence,
in order to be sufficient to convict an accused for a criminal act, proof beyond
reasonable doubt is necessary. Unless his guilt is shown beyond reasonable doubt, he
is entitled to an acquittal.

CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM

The criminal is the main character of the Criminal Justice System.

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING

PROCESSED UNDER THE CRIMINAL JUSTICE SYSTEM:
1. At the police stage, during investigation, he is referred to as the SUSPECT.
2. At the Prosecutors office, during the determination of probable cause or during
the Preliminary Investigation, he is referred to as the RESPONDENT.
3. At the trial of the case, when a case has been filed in Court, he is referred to as
the ACCUSED.
4. Once the Court has determined that the accused is guilty beyond reasonable
doubt as charged and the judgement has been rendered, he is referred to as the
CONVICT.
5. It is only upon undergoing all the process when the person has served the
sentence when he can really be considered as a CRIMINAL.

THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM:

1. Law Enforcement
2. Prosecution
3. Courts
4. Correction
5. Community

The three components of the Criminal Justice System in the United States:
1. Law Enforcement
2. Courts
3. Corrections

PHILOSOPHIES BEHIND THE CJS

1. Adversarial Approach
- assumes innocence
- the prosecutor has the burden of proof
- the emphasis is given on the proper procedures

2. Inquisitorial Approach
- assumes guilt
- the accused has the burden of proof
- the emphasis is on the conviction of the accused

PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. LAW ENFORCEMENT
- also called the POLICE pillar. It occupies the frontline of the CJS because they
are regarded as the initiator of the system. They are also the first contact of the law
violator in the CJS process. It investigates, makes arrests and prepares evidence
against the suspects needed to prosecute them.

2. PROSECUTION
- takes care of evaluating the evidence and formally charges the suspects before
the court. It serves as screening process on whether to file a case base on evidence or
dismiss the same and determines what particular crime shall be formally filed and
presents the burden of proof against the suspect.

3. COURT
- conducts arraignment and trial. It issues warrant of arrest if the accused is at
large and acquits the innocent and adjudicate penalty for the accused if found guilty.

4. CORRECTION
- responsible for the incarceration and rehabilitation of the convicted person to
prepare for eventual reintegration in the community.

5. COMMUNITY
- helps the penitent offender to become law-abiding citizen by accepting the ex-
convict’s re-entry and assists said penitent offender lead a new life as a responsible
member of the society
- not under or independent among the branches of the government.

FIRST PILLAR: LAW ENFORCEMENT

The law enforcement pillar is the branch of the criminal justice system that has
the specific responsibility of maintaining law and order and combating crime within the
society.
The Law Enforcement as the first pillar is considered to be the “initiator” or the
“prime mover” of the Criminal Justice System. This pillar is also commonly referred to as
the police pillar.
This pillar is comprised of the different law enforcement agencies in the country
such as the Philippine National Police, the National Bureau of Investigation, the
Philippine Drug Enforcement Agency, the Bureau of Customs, the Bureau of Internal
Revenue, and the Land Transportation Office, among many others.

PHILIPPINE NATIONAL POLICE

- organized pursuant to RA 6975, as amended by RA 8551 as further amended
by R.A. 9708.

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 - the “Department of the Interior and Local Government Act of 1990”
-approved on Dec 13, 1990

2. RA 8551 – the “PNP Reform and Reorganization Act of 1998.

- approved on February 25, 1998.

3. RA 9708 - “An Act extending for 5 years the reglementary period for complying
the minimum educational qualification for appointment to the PNP and adjusting
the promotion system thereof”.
- Approved on August 12, 2009

PHILIPPINE NATIONAL POLICE

- a law enforcement agency under the DILG.
- under administrative control and operational supervision of the National Police
Commission.
 It is an organization that is national in scope and civilian in character, as
provided by Section 6, Article 16 of the 1987 Philippine Constitution: “The state
shall establish and maintain one police force which shall be national in scope and
civilian in character…”

NATIONAL IN SCOPE
- means that the PNP is a nationwide government organization whose jurisdiction
covers the entire breadth of the Philippine archipelago.
- all uniformed and non-uniformed personnel of the PNP are national government
employees.

CIVILIAN IN CHARACTER
- means that that the PNP is not a part of the military, although it retains some
military attributes such as discipline.

POWERS AND FUNCTIONS OF THE PNP

1. Enforce all laws and ordinances relative to the protection of lives and properties;
2. Maintain peace and order and take all necessary steps to ensure public safety;
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
offenders to justice and assist in their prosecution;
4. Exercise the general powers to make arrest, search and seizure in accordance
with the Constitution and pertinent laws;
5. 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;
6. Issue licenses for the possession of firearms and explosives in accordance with
law;
7. Supervise and control the training and operations of security agencies and issue
licenses to operate security agencies and to security guards and private
detectives, for the purpose of their professions.

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

I. LAW ENFORCEMENT
The Philippine National Police has the power to enforce laws and ordinances
relative to the protection of lives and property, such as the Revised Penal Code,
other special penal laws and city and municipal ordinances.

II. CRIME PREVENTION - the elimination of the opportunity for the commission
of a crime.

III. POLICE PATROL

Patrol has been described as the backbone of the police department.
Theoretically, patrol officers are the most valuable people in the organization.

IV. CRIME DETECTION

Crime detection is the discovery of the police that a crime had been
committed.
There are traditional ways that occurrence of crime is made known to the police:
1) when the victim personally reports the crime to the police;
2) when a witness personally reports the crime to the police; and
3) when the police catches an offender while in the commission of a crime.

V. CRIMINAL APPREHENSION - the legal term for criminal apprehension is

arrest.
 ARREST
Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.

Modes of Arrest
1. arrest by virtue of a warrant
2. arrest without a warrant

An arrest may be made on any day and at any time of the day or night, even on a
Sunday.

WARRANT OF ARREST
- an order in writing issued in the name of the People of the Philippines, signed by
a judge and directed to a peace officer, commanding him to take a person into
custody in order that he may be bound to answer for the commission of an
offense
- shall remain valid until the person to be arrested has been arrested or has
surrendered

CIRCUMSTANCES OF WARRANTLESS ARREST:

Arrest without warrant; when lawful. – 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 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

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 is temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another.

VI. SEARCH AND SEIZURE

Search refers to the examination of an individual’s person, house, papers or
effects, or other buildings and premises to discover contraband or some evidence of
guilt to be used in the prosecution of a criminal action

SEARCH WARRANT
- an order in writing issued in the name of the People of the Philippine, signed by a
judge and directed to a peace officer, commanding him to search for personal
property described therein, and bring it before the court
- has a validity period of TEN (10) days
- can be served only once within its validity period

PERSONAL PROPERTY TO BE SEIZED

a. Subject of the offense;
b. Stolen or embezzled and other proceeds, fruits of the offense; or
c. Use or intended to be used as the means of the commission of the offense.

CIRCUMSTANCES OF WARRANTLESS SEARCH:

 a. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules
of Court
b. Seizure of evidence in plain view
c. Search of a moving vehicle
d. Consented warrantless search
e. Customs search
f. Stop and frisk search, and
g. Exigent and emergency circumstances

VII. CRIMINAL INVESTIGATION - is an art, which deals with identity and location
of the offender and provides evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)

The National Bureau of Investigation (NBI) saw its inception on November 13,
1936 upon approval of Commonwealth Act No. 181 by the legislature
Tasked with organizing a Division of Investigation or DI patterned after the United
States Federal Bureau of Investigation were Thomas Dugan, a veteran American police
captain from the New York Police Department and Flaviano C. Guerrero, the only
Filipino member of the United States Federal Bureau of Investigation.
On June 19, 1947, by virtue of Republic Act No. 157, it was reorganized into the
Bureau of Investigation. Later, it was amended by Executive Order No. 94 issued on
October 4, 1947 renaming it to what it is presently known, the National Bureau of
Investigation (NBI).
The NBI is a government entity that is civilian in character, and national in
scope which is under the Department of Justice.

FUNCTIONS OF THE NBI

1. Investigate crimes and other offenses against the laws of the Philippines, both on its
own initiative and as public interest may require;
2. Assist, when officially requested, in the investigation or detection of crimes and other
offenses;
3. Act as national clearing house of criminal records and other information for use of all
prosecuting and law enforcement entities in the Philippines, of identification records of
identifying marks, characteristics and ownership or possession of all firearms and test
bullets fired therefrom;
4. Give technical help to all prosecuting and law enforcement offices, agencies of the
government and courts which may ask for its services;
5. Extend its services in the investigation of cases of administrative or civil in nature in
which the government is interested;
6. Establish and maintain an up-to-date scientific crime laboratory and conduct
researches in furtherance of scientific knowledge in criminal investigation;
7. Coordinate with other national or local agencies in the maintenance of peace and
order;
8. Undertake the instruction and training of a representative number of city and
municipal peace officers at the request of their respective superiors along effective
methods of crime investigation and detection in order to insure greater efficiency in the
discharge of their duties.

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

- created by the virtue of Republic Act 9165.
- serves as the implementing arm of the Dangerous Drug Board (DDB).
- Responsible for the efficient and effective law enforcement of all the provisions
on any dangerous drug and/or controlled precursor and essential chemical as
provided in RA 9165.
 - headed by Director General with the rank of Undersecretary, appointed by the
President.
- The head of the PDEA is assisted by 2 deputies Director General, with the
rank of Assistant Secretary, 1 for Operations and 1 for Administration, also
appointed by the President.

SECOND PILLAR: PROSECUTION

Prosecution is the course of action or process whereby accusations are brought
before a court of justice to determine the innocence or guilt of he accused.
In a criminal action, it is a proceeding instituted and carried on by due course of
law, before a competent tribunal, for the purpose of determining the guilt or
The party in a criminal proceeding who instituted the criminal action is called the
prosecution.
The party against whom the criminal action was instituted is called the defense.
In all criminal prosecutions, the real offended party is the People of the
Philippines, for a crime is an outrage against, and its vindication is in favor of, the
people in a sovereign state. Thus, all criminal cases are titled “People of the Philippines
vs. _____(the name of the accused).

THE PROSECUTOR
The prosecutor is the officer of the government whose function is the
prosecution of criminal actions partaking the nature of criminal actions. He is also
referred to as public prosecutor and fiscal.

THE NATIONAL PROSECUTION SERVICE (NPS)

The NPS was created by virtue of Presidential Decree No. 1275, entitled
“Reorganizing the Prosecution Staff of the Department of Justice and the Offices of the
Provincial and City Fiscals, Regionalizing the Prosecution Service and Creating the
National Prosecution Service.” This law was enacted on April 11, 1978.
The NPS is under the supervision and control of the Department of Justice (DOJ)
and is tasked as the prosecutorial arm of the government.
- headed by a Prosecutor General (formerly known as Chief State Prosecutor)
pursuant to R.A. 10071, otherwise known as the “Prosecution Service Act of 2010”.

PRELIMINARY INVESTIGATION
Preliminary investigation is an inquiry or proceeding 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
(Sec. 112, Criminal Procedure, Rules of Court).
It is required to be conducted before the filing of the information for an
offense where the penalty prescribed by law is at least 4 yrs, 2 mos. and 1 day.
The purpose of conducting preliminary investigation is to establish probable
cause.

Probable cause refers to the existence of such facts and circumstances as

would excite a belief in a reasonable mind, acting on the facts within the knowledge of
the prosecutor, that the person charged is guilty of the crime for which he is prosecuted.
It is the degree of evidence required in preliminary investigation.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

a. Provincial or City Prosecutors and their assistants;
b. judges of the municipal trial courts and municipal circuit trial courts
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.
e. other officers as may be authorized by law:
1. Tanodbayan’s special prosecutors as authorized by the Ombudsman
2. COMELEC’s authorized legal officers in connection with election offenses
 3. special prosecutors appointed by the Secretary of Justice

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.

INFORMATION
- an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.

An affidavit is a statement of facts under oath.

A subpoena is a process directed to a person requiring him to attend and to
testify at the hearing or the trial of an action, or at any investigation conducted under the
law, or for the taking of his deposition (Section 1, Rule 23, Rules of Courts).

INQUEST PROCEEDING
Inquest procedure is an inquiry made by the duty prosecutor to determine the
legality of the arrest made especially those arrests made without a warrant. Each police
station or headquarters should in principle also have designated inquest prosecutors to
process inquest procedures with a schedule of assignments for their regular inquest
duties
This process requires the prosecutors to resolve the complaint the police filed in
a prescribed period which varies depending on the gravity of the offense:
 
light penalties = 12 hours
correctional penalties = 18 hours
afflictive penalties = 36 hours

BAIL
Bail is defined as the security given for the release of the person in the custody
of the law, furnished by him or the bondsman, to guarantee his appearance before any
court as required under the conditions as specified.
The purpose of bail is to secure the appearance of the accused before the court
when so required and to provide the accused of his temporary liberty while awaiting the
processing and disposition of the case filed against him

KINDS OF BAIL:
1. Property bond;
2. Corporate Surety;
3. Cash Deposit;
4. Recognizance.

THIRD PILLAR: COURT

Court, as the third pillar, is said to be the centerpiece of the criminal justice
system and its primary and most important function as a component of the criminal
justice system is to decide whether the accused is guilty or not guilty of the crime
he is accused of committing. It is within the power of this pillar to end the process for
the accused or to proceed with the next pillar, which is correction.
- a body to which the public administration of justice is delegated, being a tribunal
officially assembled under authority of law at the appropriate time and place for the
administration of justice through which the State enforces its sovereign rights and
powers.
 - a court is an organ of the government belonging to the judicial department
whose function is the application of the laws to controversies brought before it and the
public for the administration of justice

JUDICIAL POWER
- is the power to apply the laws to contests or disputes concerning legally
recognized rights or duties of and between the state and the private persons or between
individual litigants in cases properly brought before the judicial tribunals. It is vested in
one Supreme Court and in such lower courts as may be established by law.

POWER OF JUDICIAL REVIEW

- is the power of the Supreme Court to determine whether laws passed by
Congress and acts of the President are in accordance with the Constitution when the
matter is raised.

NOTE: All courts have judicial power but only the Supreme Court has the power
of judicial review.

JURISDICTION
It is the authority of the court to hear and try a particular offense and to impose
the punishment provided by law.

VENUE
Refers to the place, location or site where the case is to be heard on its merits.

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:

1. The offense is one which the court is by law authorized to take cognizance of
2. The offense must have been committed within its territorial jurisdiction
3. The person charged with the offense must have been brought to its presence for
trial, forcibly, by warrant of arrest or upon his voluntary submission to the court.

KINDS OF JURISDICTION
1. General – when the court is empowered to decide all disputes which may come
before it except those assigned in other courts.
2. Limited – when the court has the authority to hear and determine only a few
specified cases.
3. Original - when the court can try and hear a case presented for the first time
4. Appellate – when the court can try a case already heard and decided by a
lower court, removed from the latter by appeal
5. Exclusive – when the court can try and decide a case which cannot be
presented before any other court
6. Concurrent – when any of two or more courts may take cognizance of a case.

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

- otherwise known as the Judiciary Reorganization Act of 1980 which defines
the organization, composition and jurisdiction of the courts.

I. REGULAR COURTS

1. SUPREME COURT (SC)

- the highest court of the land.
- composed of a Chief Justice and 14 Associate Justices.
- has appellate jurisdiction over cases decided by the Court of Appeals and has
the power of judicial review.
- the court of last resort
2. COURT OF APPEALS (CA)
- headed by a Presiding Justice and composed of sixty-eight (68) Associate
Justices.
- has appellate jurisdiction over cases decided by the Regional Trial Courts.

3. REGIONAL TRIAL COURTS (RTC)

- presided by a Regional Judge.
- has general jurisdiction over criminal cases and has jurisdiction over offenses
punishable with imprisonment of six (6) years and one (1) day and over.
- has appellate jurisdiction over cases decided by the MTCC, MTC, MeTC and
MCTC.

4. Municipal Trial Courts/Municipal Trial Courts in Cities/Municipal Circuit Trial

Court/Metropolitan Trial Court
Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all
offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of fine, (c) damage to property through criminal negligence.

MUNICIPAL TRIAL COURTS (MTC)

- every municipality in the Philippines has its own Municipal Trial Court and
every MTC covers only one municipality.

MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

- These are the equivalent of the Municipal Trial Courts in cities outside
Metropolitan Manila.

MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

- A Municipal Circuit Trial Court is a municipal trial court which covers two or
more municipalities.

METROPOLITAN TRIAL COURTS (MeTC)

- are Municipal Trial Courts in the cities in the Metropolitan Manila Area as
distinguished from the other political subdivisions in the Philippines.

II. SPECIAL COURTS

1. SANDIGANBAYAN
- created under Presidential Decree No 1606.
- Its rank or level is equal to that of the Court of Appeals and Court of Tax Appeals.
- It is composed of a Presiding Justice and fourteen (14) Associate Justices.
- This special court is tasked to handle criminal cases involving graft and
corruption and other offenses committed by high- ranking public officers and
employees in connection with the performance of their functions.
- It has original exclusive jurisdiction over public officers accused of committing
crimes in relation to their official functions and whose salary grade is 27 and
above.

2. COURT OF TAX APPEALS (CTA)

- created by Republic Act No 1125, as amended by Republic Act No 9282.
- Its rank or level is equal to that of the Court of Appeals and Sandiganbayan.
- It is composed of a Presiding Justice and five (5) Associate Justices.
- - It has both the original and appellate jurisdictions over civil and criminal tax
cases involving the National Internal Revenue Code, Tariff and Customs Code
and the Local Government Assessment Code.
3. SHARI’A COURTS
- created pursuant to Presidential Decree 1083, otherwise known as the Code of
Muslim Personal Laws of the Philippines.
- It has exclusive jurisdiction over cases that pertain to family rights and duties as
well as contractual relations of Filipino Muslims. And decisions rendered by the
Shari’a District Courts are final.

JUDICIAL AND BAR COUNCIL (JBC)

The Judicial and Bar Council, or JBC, is a body created by the 1987 Philippine
Constitution under the supervision of the Supreme Court. It has the principal function of
recommending appointees to the Judiciary. All justices and judges are appointed by the
President from a list of at least three (3) nominees prepared by the Judicial and Bar
Council.

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:

1) Arraignment
2) Pre-trial
3) Trial
4) Judgment
5) Appeal

First Stage: ARRAIGNMENT

- the reading of the criminal complaint or information to the defendant, by the judge
or clerk of court, and the delivering to him a copy thereof, including a list of
witnesses, and asking him whether he pleads guilty or not guilty as charged
- the stage where the accused is formally informed of the charges against him by
reading before him the information or criminal complaint and asking him whether
he pleads guilty or not guilty as charged
- the stage where the issues are joined in criminal action and without which the
proceedings cannot advance further
- requires that the accused be personally or physically present in court

Plea is the response of the accused when asked whether he is guilty or not guilty of
the offense charged. It is of two kinds:
1. guilty plea, which must be unconditional; and
2. not guilty.

SECOND STAGE: PRE-TRIAL

- a conference called by the judge that requires the presence of both the
prosecution and the accused before the beginning of a trial
- mandatory in all criminal cases

The following are to be taken up during the conference:

a. plea bargaining;
b. stipulation of facts;
c. marking for identification of evidence of the parties;
d. waiver of objections to admissibility of evidence;
e. modification of the order of trial if the accused admits the charge but interposes a
lawful defense;
f. such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.

PLEA BARGAINING
 - the process whereby the accused, the offended party and the prosecution work
out a mutually satisfactory disposition of the case subject to court approval

THIRD STAGE: TRIAL

Trial is the examination before a competent tribunal, according to the laws of the
land, of the facts put in issue in a case, for the purpose of determining such issue. It is
the period for the introduction of evidence by both parties.
- the period for the introduction of evidence by both parties.
- it shall in no case exceed 180 days the first day of the trial, except as otherwise
provided by the Supreme Court.

FOURTH STAGE: JUDGMENT

- the 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
- defined as the decision or sentence of the given by a court as the result of
proceedings instituted therein

Judgment of Conviction - if the judge finds the accused guilty of the charges
against him.

Judgment of Acquittal - if the judge finds the accused not guilty of the charges
against him.

Promulgation of Judgment - is an official proclamation or announcement of the

decision of the court. The judgment is promulgated by reading in the presence of the
accused and any judge of the court in which it was rendered.

A judgment becomes final:

1. when the period for perfecting appeal an appeal has lapsed;
2. when the sentence is partially or totally satisfied or served;
3. when the accused expressly waives in writing his right to appeal
and
4. when the accused applies for probation.

FIFTH STAGE: APPEAL

- the elevation by an aggrieved party of any decision, order or award of a lower
body to a higher body, by means of a document which includes the assignment
of errors, memorandum of arguments in support thereof, and the reliefs prayed
for.
- an appeal must be within fifteen (15) days from promulgation of judgment, the
period for perfecting an appeal.

- the accused may or may not appeal his case

- when the accused decides not to appeal his case, the decision becomes final
and executory
- on appeal, the State is represented by the Solicitor General

FOURTH PILLAR: CORRECTIONS

Corrections is the fourth component of the criminal justice system. It is the

branch of administration of criminal justice charged with the responsibility for the
custody, supervision and rehabilitation of convicted offenders. It also deals with
punishment, treatment and incarceration of offenders.
 It is composed of the institutional and non-institutional agencies of the
government.

PENOLOGY
- a branch of criminology which deals with the treatment, management and
administration of inmates

PURPOSES/OBJECTVES OF MODERN CORRECTIONS:

1. RETRIBUTION
-imprisonment is supposed to be the payment of the offender to the victim or the
victims family for the crime he committed against him or them

2. DETERRENCE
- imprisonment is supposed to discourage convicted offenders from committing
crimes again because of their experience in the prison or jail
-at the same time, imprisonment is supposed to discourage

3. ISOLATION
- convicted offenders are separated from society to prevent them from
committing another crime
- at the same time, imprisonment protects law-abiding citizens from the harm
criminals may inflict on them

4. REFORMATION
- this involves the use of punitive and disciplinary measures such as solitary
confinement to modify or reform criminal behavior whose conduct and deportment is not
totally responding to rehabilitation programs

5. REHABILITATION
- based on the premise that through correctional intervention, such as
educational and vocational training and psychotherapeutic programs, an offender may
be changed

6. REINTEGRATION
- the effort of correction to change criminal behavior should result in a situation
and ability on the part of the penitent offender to return to society in some productive
and meaningful capacity in a free community.

PENALTY
- the suffering that is inflicted by the State for the transgression of the law

PUNISHMENT
- it is the redress that the state takes against the offender member of society

TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE

ADMINISTRATION OF CJS
Correctional Institutions enter into the picture, as a rule, when the conviction of
the accused has become final and executory. That is, when the judicial process has
been completed and the court issues MITTIMUS for the enforcement of its decision.
Although, Correctional Institutions, Jails in particular, may receive an accused for
custody or detention only, in which case the court issues a COMMITMENT ORDER.

MITTIMUS
 - is a warrant issued by a court bearing its seal and the signature of the judge
directing the jail or prison authorities to receive the convicted offender for service
of sentence.

COMMITMENT ORDER
- is a written order of a court or authority consigning a person to jail or prison for
detention.

TWO DIVISIONS OF CORRECTIONS

1) Institutional Corrections
2) Non-Institutional Corrections
INSTITUTIONAL CORRECTIONS

DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:

OLD BILIBID PRISON

- the main penitentiary was constructed in Azcarraga Street, Manila in 1847
- was formally opened on 10 April 1865 by a Royal Decree
- later, it was transferred to its new site in Muntinlupa

BUREAU OF PRISONS
- created pursuant to Act No 1407, otherwise known as the Reorganization Act
of 1905, enacted on 1 November 1905, as an agency under the Department of
Commerce and Police
- was renamed Bureau of Corrections (Bucor) pursuant to Executive Order No
292 dated 22 November 1989.

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM

- was established in Southern Zamboanga on 21 August 1869.
- was established during the tenure of Governor General Ramon Blanco, whose
patrol saint the prison was named after.
- was established originally for persons convicted of political crimes
- considered the oldest penal facility in the Philippines.

2. IWAHIG PENAL COLONY

- established on 16 November 1904 in Puerto Princesa City, Palawan.
- originally served as a depository for prisoners who could not be accommodated
at the Old Bilibid Prison in Manila
- classified as a penal institution in 1907 by virtue of Act No 1723.

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

- created by virtue of Act No 3579 enacted on November 1931.
- located at Welfareville, Mandaluyong City
- established to accommodate female prisoners
- the female prisoners from the Old BIlibid Prison were transferred to CIW on 14
February 1931.

4. DAVAO PENAL COLONY

- the first penal settlement founded and organized under Filipino Administration
- established in 21 January 1932 by virtue of Act No 3732
- located in the districts of Panabo and Tagum in Davao del Norte.

5. NEW BILIBID PRISON

- originally was located in Manila before it was transferred to Muntinlupa City in
1935
 - officially named the New Bilibid Prison on 22 January 1941
- has three security facilities/camps:
a. maximum security – for those whose sentence is
twenty years and above
b. medium security – also called Camp Sampaguita; for
those whose sentence is less than twenty years
c. minimum security – also called Camp Bukang Liwayway; for
those who are physically-handicapped, sixty-five (65) years old and
above, and those who have only six (6) months remaining in their
sentence.

6. SABLAYAN PRISON AND PENAL FARM

- established on 27 September 1954 by virtue of Presidential Proclamation No 72
- located in Occidental Mindoro
- the facility where prisoners from the New Bilibid Prison are brought for
decongestion purposes

7. LEYTE REGIONAL PRISON

- was established in 16 January 1973 by virtue of Presidential Decree No 28
- situated in Abuyog, Southern Leyte
- admits convicted offenders from Region 6 and from the national penitentiary
in Muntinlupa

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)

- an attached agency of the Department of Justice
- principal task is for the rehabilitation of prisoners
- maintains its offices at the New Bilibid Prison Compound in Muntinlupa City
- exercises over all control and supervision of all the corrections/prisons
facilities nationwide
- has custody of prisoners sentenced to imprisonment of more than three (3)
years

2. Provincial Jails – jails for the safekeeping of prisoners at the capital of each
province. It shall be under the supervision and control of the provincial governors.

3. Bureau of Jail Management and Penology (BJMP) – created by virtue of Republic

Act 6975, exercises supervision and control over all district, city and municipal jail
nationwide. Formally established on January 2, 1991.

DETENTION PRISONERS - those held for security reasons, investigation, those

awaiting or undergoing trial and awaiting judgment

SENTENCED PRISONERS - those convicted by final judgment and are serving their
sentence

PD 29 – the law that classified prisoners

CLASSIFICATION OF PRISONERS

1. Detention Prisoners
a. Persons held for security reasons
b. Persons held for investigation
c. Persons waiting for final judgment
d. Persons waiting for trial
2. Sentenced Prisoners – prisoners who convicted by judgment by competent court.

a. Municipal Jail Prisoner – sentenced to serve a prison term for 1

day to 6 months.
b. City Jail Prisoner – sentenced to serve imprisonment for 1 day to
3 Jahre
c. Provincial Jail – sentenced to 6 months one day to 3 years
d. National or insular Prisoners – Sentenced to 3 years 1 day to
Reclusion Perpetua or Life Imprisonment.

PRISON
- derived from the Spanish word, “presidio”
- under the supervision of the national government through the Bureau of
Corrections under the Department of Justice
- has custody over convicted offenders whose sentence is imprisonment of
three years and one day and above

JAIL
- derived from the Spanish words, “jaula” and “caula”
- under the supervision of the local government through either the Office of the
Provincial Governor or Bureau of Jail Management and Penology, both under
the Department of Interior and Local Government
- has custody over convicted offenders whose sentence is imprisonment of three
years or less
- has custody over offenders who are in detention while undergoing
investigation, undergoing trial and awaiting judgment

NON-INSTITUTIONAL CORRECTIONS

1. BOARD OF PARDONS AND PAROLE

- grants parole and recommend to the President the grant of any form of executive
clemency to deserving prisoners or individuals
- reviews reports submitted by the Parole and Probation Administration and make
necessary decisions
- a functional unit under the Department of Justice.

2. PAROLE AND PROBATION ADMINISTRATION

- originally called Probation Administration and was created by virtue of PD 968 of
1976 to administer the probation system
- was renamed Parole and Probation Administration by EO No 292
- given the added function of supervising prisoners who, after serving part of their
sentence in jails or prisons, are released on parole with parole conditions
- an attached agency to the Department of Justice

3. Department of Social Welfare and Development (DSWD) – renders services for

Children in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of
2006, April 28, 2006).

EXECUTIVE CLEMENCY
- the collective term for absolute pardon, conditional pardon, reprieve and
commutation of sentence.

1. PARDON
 - is a form of executive clemency granted by the President as a privilege
extended to convicts as a discretionary act of grace

TWO (2) KINDS OF PARDON

a. ABSOLUTE PARDON - refers to the total extinction of the criminal
liability of the individual to whom it is granted without any condition
whatsoever and restores to the individual his civil rights and remits the
penalty imposed for the
b. CONDITIONAL PARDON - refers to an exemption of an individual,
within certain limits or conditions, from the punishment that the law inflicts
for the offense he has committed resulting in the partial extinction of his
criminal liability

2. REPRIEVE
- the temporary stay of the execution of a sentence, usually a death sentence
- another prerogative exercised by the President
- generally, applied to death sentences already affirmed by the Supreme Court

3. COMMUTATION OF SENTENCE
- an act of clemency by which a heavier or longer sentence is reduced to a lighter
or shorter term
- refers to the reduction of the duration of a prison sentence
- another prerogative of the President

4. AMNESTY
- a special form of pardon exercised by the President
- a general pardon extended to a certain class of people who are usually political
offenders
- needs the concurrence or approval of Congress

PAROLE

- a procedure by which prisoners are selected for release on the basis of

individual response and progress within the correctional institution and a service
by which they are provided with necessary control and guidance as they serve
the remainder of their sentence within the community
- provided by Act No 4103, the Indeterminate Sentence Law, which took effect on
5 December 1933.

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. It is a privilege granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually going to prison.
- provided by Presidential Decree No 986, the Probation Law of 1976

FIFTH PILLAR: COMMUNITY

Role of the Community as the fifth pillar of the Criminal Justice System
The community is understood to mean as “elements that are mobilized and
energized to help authorities in effectively addressing the law and order concern of the
citizenry.”

The responsibilities of the community in relation to Law Enforcement.

  As one of the pillars or component of the Criminal Justice system, the community
with its massive membership has vital responsibilities in law enforcement.
The citizens can achieve these roles:
(a) identifying offenders;
(b) giving data about the illegal activities and cohorts of the criminals, and the
proliferation of organized crimes and syndicates;
(c)  volunteering as witnesses;
(d) adopting precautionary and remedial measures to diminish crime.

As had been pointed out, crime prevention is not the sole responsibility of the
police but is equally the concern of every citizen in order to have a peaceful place to live
in.

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION

TO STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY
LEVEL
- promulgated on 27 January 1978

PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES

AT THE BARANGAY LEVEL

RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991

- provides for the REVISED KATARUNGANG PAMBARANGAY LAW
- enacted on 10 October 1991

LUPONG TAGAPAMAYAPA
- It is a body of men created to settle disputes within the barangay level. It is also
referred to as the LUPON.
- The Lupon shall be composed of the Barangay Chairman as Chairman of the
Lupon and the Barangay Secretary as the Secretary of the Lupon, plus other
members who shall be not less than ten (10) but not more than twenty (20).
- Any resident of the barangay of reputable character may be appointed as
member of the Lupon. Members of the Lupon shall be appointed by the
Barangay Chairman.
- The Lupon shall be constituted every three years.
- A Lupon member shall serve for a period of three years.
- Essentially, the Lupon must provide a forum for matters relevant to the amicable
settlement of disputes for the speedy resolution of disputes.

PANGKAT TAGAPAGKASUNDO
- It shall act as the conciliation panel. It is also referred to as the PANGKAT.
- It shall be composed of three (3) members chosen from the members of the
Lupon. They shall choose from among the three of them the Pangkat Chairman
and Pangkat Secretary.
- The Pangkat shall be constituted whenever a dispute is brought before the
Lupon.
- The members of the Pangkat shall be chosen by the parties of the dispute from
among the Lupon members. In case of disagreement, the Barangay Chairman
shall draw lots.

What matters fall under the jurisdiction of the Lupon?

a. those involving offenses that are punishable by the imprisonment of one year and
below, or a fine in the amount of five thousand pesos and below;
b. those involving parties that actually reside or work in the same barangay;
c. those involving marital and family disputes;
 d. those involving minor disputes between neighbors;
e. those involving real properties located in the barangay;

VENUE FOR AMICABLE SETTLEMENT

- disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the Lupon of said barangay;
- those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually
resides;
- all disputes involving real property or any interest shall be brought in the
barangay where the real property or the larger portion is situated;
- those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be brought in the
barangay where such workplace or institution is located.

PROCEDURE FOR AMICABLE SETTLEMENT

Any individual who has a cause of action against another individual involving any
matter within the authority of the Lupon may complain, orally or in writing, to the Lupon.

COMPLAINANT – the person who filed the complaint against the respondent
RESPONDENT – the person who is being complained of
 
CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of
another for which the latter suffers damage which affords a party to a right to judicial
intervention

What shall the Chairman do upon receipt of the complaint?

The Chairman shall meet with the respondent and complainant and mediate. If
he fails in his mediation within fifteen (15) days, he shall set a date for the constitution of
the Pangkat.

MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by

the Punong Barangay or Pangkat to amicably settle their disputes
What shall the Pangkat do after its constitution?
- The Pangkat shall meet not later than three (3) days after their constitution, on
the date set by the Chairman, to hear both parties.
- Within how may days should the Pangkat settle the dispute?
- The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days
from its meeting. This period may be extended for another fifteen (15) days, at
the discretion of the Pangkat.
- The Pangkat shall meet not later than three (3) days after their constitution, on
the date set by the Chairman, to hear both parties.
- The Pangkat shall arrive at a settlement of the dispute within fifteen (15) days
from its meeting. This period may be extended for another fifteen (15) days, at
the discretion of the Pangkat.
- All amicable settlement shall be in writing.

Why should parties resort to amicable settlement before going to the police?

Because it is a pre-condition to filing of complaint in court:

“No complaint involving any matter within the authority of the Lupon shall be filed
directly in court unless there has been a confrontation between the parties before the
Chairman or the Pangkat, and that no conciliation or settlement has been reached as
certified by the Secretary, or unless the settlement has been repudiated by the parties.”
The amicable settlement shall have the force and effect of a final judgment of a
court upon the expiration of ten (10) days from the date of settlement.
Compiled from different sources:

JOHN ROMER L. VENTURILLO

Asst. to the Dean, College of Criminology & Faculty Member
PHILIPPINE COLLEGE OF CRIMINOLOGY
Nationwide Reviewer/Lecturer, Criminologist Licensure Examination Review

2nd Placer, August 2010 Criminologist Licensure Examination

B.S. in Criminology (Cum Laude), Philippine College of Criminology, 2010
Master of Science in Criminal Justice, Philippine College of Criminology, 2012
Doctor of Philosophy in Criminology (Ph.D. Crim.), PCCR (in-progress)

Author of Criminology Books: Police Personnel and Records Management, Police

Organization and Administration with Police Planning & Comparative Police System