REVIEW NOTES IN CRIMINAL JUSTICE SYSTEM

INTRODUCTION

Criminal Justice System defined -

1. Criminal Justice System (CJS) is the machinery used by the society to prevent and
control crime. It is the tool of a democratic government to protect the people against
criminality and other peace and order problems.
2. In theory, CJS is an integrated process primarily concerned with apprehension,
prosecution, trial, adjudication, and correction of criminal offenders.
3. CJS is a legal process of linking the law enforcement, prosecution, courts, corrections,
and community to have an integrated scheme of investigating and preventing crimes with
the ultimate purpose of promoting justice.

Justice defined -
1. Justice is “rendering what is due or merited and that which is due or merited.”
2. According to Mortimer J. Adler, there are two principles of justice:
a. Render to each his due.
b. Treat equals equally and unequal
c. unequally but in proportion to their inequality.
3. Justice, according to the Supreme Court of the Philippines, is symbolically represented
by a blindfolded woman, holding with one hand a sword and with the other a balance.

A. NATURE AND SCOPE OF CJS

In the Philippine setting, there are five major components of the CJS. These are
also known as the five pillars of CJS. Law Enforcement – Prosecution – Courts –
Corrections - Community

Generally speaking, the following are the functions of the five components of the CJS:
1. To prevent and control the commission of crime
2. To enforce the law
3. To safeguard lives, individual rights, and properties of the people
4. To detect, investigate, apprehend, prosecute, and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the community
as law-abiding citizens

CJS operates by linking the police, prosecuting agencies, courts, correctional

institutions, and the mobilized community to form an operational cycle designed to promote
justice for criminal victims as well as those who are accused and convicted of crimes.
The first four pillars - law enforcement, prosecution, courts, and corrections - pertain
to the government agencies vested with official responsibility in dealing with crime prevention
and control. The community pillar has the broadest jurisdiction. Under the concept of the
participative criminal justice system in the Philippines, government agencies, agencies in the
private sector, non-government organizations, and ordinary citizens, become a part of the
CJS upon involvement in issues and activities related to crime prevention and control.

B. OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING

1. LAW ENFORCEMENT: This first pillar consists mainly of the police. The work of the
police primarily involves prevention and control of crimes by enforcing the laws,
investigating crimes, arresting offenders, and conducting lawful search and seizure to
gather necessary evidences needed to file a criminal complaint.

2. PROSECUTION: The second pillar takes care of the investigation of criminal complaints
to ensure that there are reasonable grounds in filing such complaints. In rural areas, the
police may file the complaint with the inferior courts (Municipal Trial Courts or the
Municipal Circuit Trial Courts). The judges of these inferior courts act as quasi-
prosecutors only for the purpose of the preliminary investigation. Once a prima facie
case has been determined, the complaint is forwarded to the City or Provincial
Prosecutor’s Office, which will review the case. When the complaint has been approved
for filing with the Regional Trial Court, the court issues an arrest warrant for the accused
once the information has been filled.

3. COURTS: The courts provide opportunity for the prosecution to present evidence and
establish proof of criminal guilt of the accused. During trial, that the accused is given
time in the court to disprove the accusation against him.
Our criminal justice system abides by the Constitutional presumption that any
person accused of a crime is presumed innocent unless proven otherwise. This means
that the courts must determine the guilt of the accused beyond reasonable doubt based
 on the strength of the evidence presented by the prosecution. If there is any reasonable
doubt that the accused commit a crime, he has to be acquitted.
The Rules of Court, however, provides that the accused can be convicted of a
lesser crime than the crime he has been charged with in the information. But the
elements of the lesser offense should be necessarily included in the offense charged,
and such lesser crime was proven by competent evidence.

4. CORRECTIONS: The fourth pillar takes over once the accused, after having been found
guilty, is meted out the penalty for the crime he committed. He can apply for probation or
he could be turned over to a non-institutional or institutional agency or facility for custodial
treatment and rehabilitation. The offender could avail of the benefits of parole or
executive clemency once he has served the minimum period of his sentence. When the
penalty is imprisonment, the sentence is carried out either in the municipal, provincial or
national penitentiary depending on the length of the sentence meted out.

5. COMMUNITY: This pillar has 2-fold role.

a. First, it has the responsibility to participate in law enforcement activities by being
partners of the peace officers in reporting the crime incident, and helping in the
arrest of the offender.
b. Second, it has the responsibility to participate in the promotion of peace and order
through crime prevention or deterrence and in the rehabilitation of convicts and
their reintegration to society.

Under the concept of a participative criminal justice system in the Philippines, public and
private agencies as well as citizens, become a part of the CJS when they participate and become
involved with issues and activities related to crime prevention.
Thus, citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of the convict
who shall be released from the corrections pillar into the mainstream of society.

C. IMPORTANCE OF STUDYING THE CJS

You should be concerned about the CJS because it affects your life, your work, your
activities and, in general, your pattern of behavior and relationship in the community.
This is why the community pillar is also the base of the entire CJS as there will never be
criminal cases, in the first place, if the community is healthy and law-abiding.
But for the few who may have gone astray, they should be reintegrated into the
community once they are released from the jail or prisons and should be helped to become law-
abiding members of the community.

THE LAW ENFORCEMENT PILLAR

In the Philippine setting, the first pillar of consists of the police. The primary police agency
that symbolizes the law enforcement pillar is the Philippine National Police (PNP). To understand
how the PNP evolved as the leading law enforcement agency, the evolution of police service in
our country might be able to help you.

A. EVOLUTION OF THE PHILIPPINE POLICE SERVICE

1. Spanish Regime
Policing during the Spanish Regime was inherently a part of the military system. The
locally organized police forces, although performing civil duties and seemingly created for the
sole purpose of maintaining peace, were in fact directly commanded by the colonial military
government. (Tradio

Police functions at this time involve the following:

a. suppression of brigandage by patrolling unsettled areas
b. detection of local or petty uprising
c. enforcement of the tax collection, including church revenues

Police forces organized during the Spanish regime were:

a. Carabineros de Seguridad Publico (Mounted Police): This was organized in
1712 for the purpose of carrying out the policies of the Spanish government.
Carabineros were armed and considered as the mounted police. Later, they
discharged the duties of a port, harbor, and river police.
b. Guardrilleros: This was a body of rural police organized in each town that was
created by the Royal Decree of January 8, 1836. This police force was
composed of 5% of the able-bodied male inhabitants of each town or province,
and each member should serve for at least 3 years.
 c. Guardia Civil: This was the police organization created by the Royal Decree
issued by the Spanish Crown government on February 12, 1852. It relieved the
Spanish Peninsular Troops of their works in policing towns. It consisted of a body
of Filipino policemen organized originally in each of the provincial capitals of the
central provinces of Luzon under the command of Alcalde (Governor).

2. Japanese Occupation
The Japanese Military Police known as “Kempetai” was held responsible in
maintaining peace and order in Manila. The Manila Police, which was created during the
first American occupation, was renamed into Metropolitan Constabulary under the
Bureau of Constabulary. Kempetai ruled the urban areas until Gen. Douglas McArthur
returned on February 7, 1945.

3. American Occupation
The first American occupation in the Philippines that came after the Filipino-
American War (1898 to 1901) was followed by a period of political ferment and social
imbalance.

a. Insular Police Force was established on Nov. 30, 1890 during the Filipino-
American war (1898-1901) upon the recommendation of the Philippine
Commission to the Secretary of War.

b. Another Insular Police Force was created on JULY 18, 1901 by virtue of ACT #
175, titled as "AN ACT PROVIDING FOR THE ORGANIZATION
AND GOVERNMENT OF AN INSULAR CONSTABULARY".

c. Manila Police Department was organized on July 31, 1901 by virtue of Act #
183 of the Philippine Commission. The 1 st Chief of Police was Capt. George
Curry.

d. The Philippine Constabulary (PC) was formally established on Oct. 03, 1901 by
virtue of Act # 255. Capt. Henry T. Allen was the 1st Chief of the Philippine
Constabulary. The PC was manned mostly by Filipinos but officers were mostly
Americans.

e. Revised Administrative Code of 1917 was approved a year before World War I
(August 1914 to November 1918) ended. In section 825 of this  law, it stated that
the Philippine Constabulary is a national police institution for preserving
the peace, keeping order and enforcing the law.

f. In November 1938, Act # 181 required the creation of a Bureau of Investigation.

This agency should be the modification of the Division of Investigation (DI) from
the Department of Justice. Finally, on June 19, 1947, RA 157 was enacted which
created the National Bureau of Investigation.

4. Post World War II

a. In 1960, Republic Act # 2678 was enacted and this law provided the expansion
and reorganization of the NBI. This law established that the NBI is both an
investigative and research service agency.

b. On January 1, 1964, the Rules of Court took effect. This procedural law was
construed in order to promote the broad objective of the criminal justice system
and to assist the parties in obtaining just, speedy, and inexpensive determination
of every action and proceeding.

c. On September 18, 1966, Republic Act # 4864 otherwise known as Police Act of
1966 was enacted. The law created the office of the Police Commission (which
was later called National Police Commission) under the Office of the President.
Originally, the POLCOM was created as a supervisory agency to the PC. Its
function is to oversee the training and professionalization of the local police
forces. Through this law, reformation and professionalization of the police service
gained official recognition.

d. On Aug. 8, 1975, Presidential Decree # 765 was enacted and stipulated that the
office of the NAPOLCOM should be under the office of the Ministry of National
Defense. It defined also the relationship between the Integrated National
Police and the Philippine Constabulary.  This was in compliance with the
provisions of Section 12, Article 15 of the 1973 Philippine Constitution.
 e. On December 13, 1990, Republic Act # 6975 was approved by then President
Corazon Aquino. This law is known as the DILG Act of 1990 and but it is also
recognized as The PNP Law of 1991. This law created the Philippine National
Police and declared it to be the only police force of the country with national
scope and civilian in character.

f. On February 25, 1998, the provisions of Republic Act # 6975 concerning the
PNP were amended when Republic Act # 8551 was approved by President
Fidel Ramos. RA # 8551, known as the PNP Reform and Reorganization Act
of 1998, reorganized the PNP for the purpose of reforming or professionalizing it.

B. DEFINITION OF LAW ENFORCEMENT

Law enforcement may refer to the policing body of the society or the police force created
by the government.
Law enforcement, used in another perspective, is the process of implementing the laws
enacted by the legislative body of the national and local government for the purpose protecting
the life, rights and properties of the people while maintaining the peace and order in the society.
Law enforcement, as an activity, is therefore synonymous to police operations.
Law Enforcement operations encompass the following: Prevention of crime, Repression
of criminal activities, Preservation of peace and order, Protection of life and property,
Enforcement of laws and ordinances, Regulation of non-criminal conduct, Apprehension of
criminals, Prompt execution of the criminal processes of the courts, Coordination and cooperation
with other law enforcement agencies, Safeguarding health and public morals

C. POLICE FUNCTIONS
Based on the law enforcement operations stated above, the following are inherent police
functions : Investigating crimes, Filing charges against perpetrators/offenders, Assisting the
prosecution in the trial of criminal cases, Collecting, preserving, keeping and presenting physical
evidences to the courts, Aiding and evaluating victims of criminal attacks, Testifying in courts in
any criminal prosecution, Apprehension of law-violators
1. Providing necessary services in the reformation of convicted offenders
2. Assisting in the amicable settlement of minor civil or criminal cases particularly in the
damages and indemnifications
3. Providing protection and security to complainants or witnesses who are subject to
criminal harassment
4. Delivering of notices to witnesses
5. Effecting court orders to suspected offenders and hostile witnesses

When a crime is committed, how does it reach the attention of the police?
1.When witnesses or concerned citizens report a criminal incident
2.When the offended party files a criminal complaint
3.By the spontaneous action or self-initiation of the directly concerned Law Enforcement
agencies

Upon knowing that a crime has been committed, how should the police respond?
The following steps provide a scenario that is usually adopted in dealing with crimes.
1. Proceed at the crime scene ASAP.
2. Arrest the perpetrators if they are still present at the crime scene.
3. Protect the crime scene.
4. Conduct crime scene search. In searching the crime scene for evidences, you can
choose from these different search methods: Point-to-point search, Strip search, Grid or
double strip search, Spiral/circular search, Wheel search, Zone/quadrant/sector search
5. Seize contrabands or weapons under the possession of suspects.
6. Interview victims and witnesses.
7. Get the deposition (statement) of the suspect/s, victim/s, and witness/es.
8. File the appropriate case against the suspect/s.

PROSECUTION PILLAR

A. CONCEPT OF PROSECUTION

1. Prosecution may refer to the agency responsible in presenting the government’s position
in criminal cases and evaluating evidences presented by the law enforcement.
 2. Prosecution is the legal process/method by which an accusation is brought to the court
(or any judicial and quasi-judicial body) for proper adjudication/arbitration (settlement)

B. PROSECUTION AGENCIES
1. Government agencies
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal Prosecutors
f. Public Attorneys Office

2. Non-Government prosecuting agencies

IBP – CLAO – FLAG – MABINI - Other legal-aid lawyer associations

Attorneys in private practice should be deemed a part of this CJS component. They
represent the parties (complainant and respondent) in proceedings before the public
prosecutors.

C. FUNCTIONS OF THE PROSECUTION AGENCIES

The prosecution service has the following general functions:

1. Evaluate the police findings referred to them, or other complaints filed directly with them
by individual persons ;
2. File corresponding criminal complaints or information in the proper courts on the basis of
their evaluation on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of the people of the Philippines.

D. WHO IS A PROSECUTOR?

1. A Prosecutor is a public officer having an authority to conduct legal actions concerning

the complaint filed at his office and perform other prosecution functions as provided by
law.
2. The Prosecutor is not just an ordinary official of the government; he is an officer of the
court whose criminal responsibility under the law is to carry out the administration of the
CJS thru an adequate examination of the offense charged and to decide whether or not
to prosecute a person without sacrificing fairness and justice.

The Prosecutor has a dual function/duty:

1. As a Prosecutor per se: Basically, the Prosecutor represent the governments position in a
criminal case during court proceedings from the time of the suspect’s arrest until the
adjudication of his case.

2. As the chief law enforcement officer: The Prosecutor has the inherent responsibility to
supervise all criminal cases under investigation by the local police force as well as non-
prosecution police-oriented activities.

E. THE PROSECUTION PROCESS

1. Filing of Complaint
Complaint is legally defined as 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, Rule 110, RRC)

2. Preliminary Investigation
Preliminary Investigation refers to an inquiry or proceeding for the purpose of
determining whether there is a sufficient ground to engender a well-founded belief that a
crime has been committed and that the suspect/respondent is probably guilty thereof,
and should be held for trial. (Sec. 1, Rule 112, RRC)

Officers authorized to conduct Preliminary Investigation:

a. Provincial or City fiscals and their assistants
b. Judges of the MTC and the MCTC
c. National and Regional state prosecutors
d. Such other officers as may be authorized by law

INQUEST is an informal 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 for the purpose of determining whether or not the person
should remain under custody and correspondingly be charge in court.

3. Filing of Information
Information is defined as an accusation in writing charging a person with an offense
subscribed by the prosecutor and directly filed with court. By definition, it is only the
prosecutors authorized to file information document to the court.

4. Arraignment
Arraignment is the stage of criminal proceeding purposely done to determine the
identity of the accused in the court (Sec. 1, Rule 116)

5. Filing of Bail
Bail refers to the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any court as
required under the conditions specified by the court. (Sec. 1, Rule 114)

Bail that maybe posted by the accused maybe in form of:

a. Cash Deposit – the money that is deposited in cash with the nearest collector of
internal revenue or to the local treasurer by the accused person or any person
acting in his/her own behalf
b. Corporate Surety – a bond subscribed jointly by the accused and an officer duly
authorized by the board of directors of any domestic or foreign corporation
licensed as a surety provider in accordance with law and currently authorized to
act as such
c. Property Bond – an undertaking constituted as a lien on the real property given as
security for the amount of bail
d. Recognizance – a written promise to appear in court during any legal proceeding
conducted for the purpose of trial or any judicial proceeding of a case under
investigation

6. Detention (Preventive Imprisonment)

Detention is the act of restraining one’s liberty. Detention maybe applied to:
a. accused persons who cannot post bail while their case is under trial or
investigation;
b. accused persons who are waiting for the court’s decision of their case; and
c. minors and insane people who need police custody for security or protection
purposes.

THE COURTS

A. THE CONCEPT OF COURT

In a democratic and republican government, the powers of government are
distributed among three branches: the legislative, the executive and the judiciary. The
legislative power is vested to the Congress, which is composed by the Senate and the House
of Representatives in national level. The executive power is vested to the office of the
President and his cabinets. The judicial power is vested to the Supreme Court and in such
lower courts as may be established by law.
The court is a body to which the public administration of justice is delegated. It is a
tribunal officially assembled under authority of law at the appropriate time and place for the
administration of justice thru which the government enforces its sovereign rights and powers.
The court is an entity or body in which a portion of judicial power is vested.
Courts are judicial tribunals engaged in the administration (or dispensation) of justice.
They exist in every civilized country to resolve and end disputes in accordance with law –
peacefully, in an orderly manner, authoritatively, definitely and finally.

B. MEANING OF JUDGE
The Judge is a public officer so named in his commission (written evidence of
appointment) and appointed to preside over and to administer the law in a court of justice.

Court and Judge distinguished:

Court Judge
1. Incorporeal . entity 1. Single entity
2. Composed of 1 or more judges 2. Indispensable part of the court
3. Cannot exist without a judge 3. Can exist without a court

C. THE CONCEPT OF JUSTICE ADMINISTRATION

 Determination of the relevant facts is accomplished by reception of the evidence of the
parties involved in the controversy, and its assessment by the judge to discover what are the
facts thereby established.

Application of the law to the facts (thus established by the evidence) connotes: the
ascertainment and confirmation of what the law provides in light of the facts proved, and the
pronouncement by the judge in accordance therewith of which of the parties is in the right, and
what are their specific rights and responsibilities with respect to each other. That pronouncement
must be made clearly and definitely, leaving no issue unresolved, in line with the purpose of
courts, which is to put an end to disputes.

D. THE CONCEPT OF JUDICIAL POWER

Judicial power is the power to apply the laws of the land to contests or disputes
concerning legally recognized rights or duties between:
1. the government and private persons;
2. individual parties/litigants in cases brought before the courts.

Judicial power is vested to the Supreme Court and in such inferior courts as may be
established by law. As defined by Justice Conception, judicial power is the authority to settle
justifiable controversies or disputes involving rights of justice, or the redress of wrongs for
violations of such rights.

What is the scope of Judicial Power?

Judicial power includes the following:
1. To pass upon the validity or constitutionality of existing laws, rules and regulations
2. To interpret and construe laws that are already enacted
3. To render authoritative judgment
4. To exercise other incidental powers necessary to effectively discharge other judicial
functions

E. THE CONCEPT OF JUDICIAL INDEPENDENCE

Judicial Independence is the freedom of the court to settle legal controversies or
disputes “with an impartial eye and an even hand”, and bowing to no one except the law. It is
the freedom of the judges to perform their functions without interferences from the executive
or legislative branch of the government.

F. THE CONCEPT OF POWER OF JUDICIAL REVIEW

The Power of Judicial Review is the power of the courts, ultimately of the Supreme
Court, to interpret the Constitution and to declare any legislative or executive act invalid
because it is in conflict with the fundamental law.

G. THE CONCEPT OF PRELIMINARY INVESTIGATION

As conducted by the Judge, preliminary Investigation is an inquiry or proceeding for
the purpose of determining whether there is sufficient ground to engender a well founded
belief that a crime cognizable by the RTC has been committed and that the respondent is
probably guilty thereof and should be held for trial. (Section 1, Rule 112, RRC)

H. BASIC COURT SYSTEM IN THE PHILIPPINES

- A Four Level Hierarchy

In the Philippines, the regular courts engaged in the administration of justice are
organized into four (4) levels or tiers. At the highest level is the Supreme Court and below it
are the three levels composing the lower courts. They are collectively known as the Judiciary.
As thus organized, they comprise what is referred to as the Integrated Judicial System.
I. COURT JURISDICTION AND VENUE OF TRIAL
In the sense that administration of justice has been described, it is substantially the
same as jurisdiction of courts. Jurisdiction is the power and authority of a court to hear, try,
and decide a case. Jurisdiction of the court maybe general, limited, original, appellate,
exclusive, concurrent, criminal, and civil.
To try or hear a case simply means to receive evidence from the parties (including
their arguments), according to fixed rules. To decide or determine a case means to resolve
the dispute by applying the law to the facts (established by the evidence), supra.
The Venue refers to the place where a case should be heard, tried, and decided.

J. TYPES OF COURT JURISDICTION

1. General Jurisdiction – when the court is empowered to decide all disputes that may come
before it except those assigned to other courts
2. Limited Jurisdiction – when the court has authority to hear and determine only a few
specified cases
3. Original Jurisdiction – when it can try and decide a case presented for the first time
4. Appellate Jurisdiction – when it can try a case already hear and decided at the lower
court removed from the latter by appeal
5. Exclusive Jurisdiction – when it can try and decide a case that cannot be presented to
any other court
6. Concurrent Jurisdiction – when any of two or more courts may take cognizance of a case
7. Criminal Jurisdiction – jurisdiction to try a case where there is punishment or penalty
provided by the law
8. Civil Jurisdiction – jurisdiction that exists when the subject matter is not of criminal nature
9. Territorial Jurisdiction

K. DECISION DEFINED
Decision is the judgment rendered by a court of justice or other competent tribunal after
the presentation of the respective positions of the parties in ordinary or criminal cases or upon a
stipulation of facts upon which the disposition of the case is based.

Maximum periods for rendering of decisions:

By constitutional mandate, the various courts must decide or resolve a case or matter
thereto within the following periods from the date of submission.
1. for the SC – within 24 months
2. for the CA and other collegiate appellate courts – within 12 months unless reduced
by the SC
3. for the Lower courts (Inferior Courts) – within 3 months unless reduced by the SC

COURT ORGANIZATION IN THE PHILIPPINE SETTING

A. The MeTCs, and MCTCs

Jurisdiction of MeTCs, MTCs, and MCTCS:

1. Exclusive jurisdiction over all violations of city or municipal ordinances committed within
their respective territorial jurisdiction. (As amended by RA 7961)

2. Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding 6 years irrespective of the amount of fine, and regardless of other
imposable accessory of other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount thereof.
Provided, however, that in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction thereof. (As amended by
RA 7961)

Exception: In cases falling within the exclusive original jurisdiction of RTCs and of the
Sandiganbayan

3. Territorial jurisdiction: MeTCs, MTCs and MCTCs exercise their jurisdiction in the city,
municipality or circuit where the judge thereof is appointed or designated.

Authority to Conduct Preliminary Investigation:

 Judges of MeTCs (except those in the NCR), MTCs, and MCTCs have the
authority to conduct preliminary investigation of crimes alleged to have been committed
within their respective territorial jurisdictions that are cognizable by the RTCs.

Session Hours:
MeTCs, MTCs and MCTCs hold daily sessions from Monday to Friday – from
8:30 am to 12:00 noon and from 2:00 to 4:30 pm.

Procedure in MeTCs, MTCs and MCTCs:

The procedure observed in MeTCs, MTCs and MCTCs in all cases and
proceedings, whether civil or criminal, is the same as that scheduled observed in the
RTCs.
Exception:
1. If there is a particular provision expressly or impliedly applied to the RTC; and
2. In criminal cases governed by the Rule on Summary Procedure in special cases.

B. The REGIONAL TRIAL COURTS

1. Composition of the RTC:

There are 720 Regional Trial Court Judges in the Philippines coming from every
region in the country.

2. Jurisdiction of RTCs:

Jurisdiction of the RTC in criminal cases: RTCs exercise exclusive original jurisdiction
in all criminal cases not within the exclusive jurisdiction of any court, tribunal or
body, except those now falling under the exclusive and concurrent jurisdiction of
the Sandiganbayan that is exclusively taken cognizance of by the latter.

Appellate jurisdiction: RTCs exercise appellate jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts in their respective territorial jurisdictions.

Territorial Jurisdiction: The RTC exercises its jurisdiction within the area defined by the
Supreme Court as the territory over which the particular branch concerned
exercises its authority, in accordance of Section 18 of BP 129.

3. Session Hours:
RTCs hold daily sessions from Monday to Friday – from 8:30 am to 12:00 noon
and from 2:00 to 4:30 pm.

C. COURT OF APPEALS

1. Composition of the CA (Section 3, BP 129)

The Court of Appeals is composed of 1 Presiding Appellate Justice and 49
Associate Appellate Justices who are appointed by the President. The CA may sit en
banc or in 10 divisions. The CA operates as one body for the purpose of exercising the
following functions:
a. administrative
b. ceremonial
c. other non-adjudicatory functions

2. Jurisdiction of the CA
a. Original jurisdiction to issue writs of mandamus, prohibition, habeas corpus, and quo
warranto, and an auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;
b. Exclusive original jurisdiction over actions for annulment of judgments of RTCs; and
c. Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders
or awards of RTCs and quasi-judicial agencies, instrumentalities, boards or
commissions, including the Securities and Exchange Commission and the CSC,
except those falling within the appellate jurisdiction of the SC in accordance with the
constitution, the Labor Code of the Philippines (PD442 as amended), and the
provisions of BP 129.

Note: The party bringing the case to the CA is called APPELLANT and the adverse party is
called APPELLEE but the title of the case remains as it was in the lower court.

D. SUPREME COURT
 1. Composition of the Supreme Court
The Philippine Supreme Court is composed of one Chief Justice and 14
Associate Justices who are appointed by the President. (Article VII, Section 4-1, Phil.
Constitution)

2. Sitting Procedure:
The SC may sit en banc or in divisions of 3, 5, or 7 members. On the basis of 15
members, the number of divisions will be 5, 3, or 2, meeting separately. In case of 2
divisions, one division is composed of 8 members while the other is compose of seven.
The SC decides whether or not it sits in one division. The purpose of sitting in divisions is
to increase the capacity of the SC to dispose cases pending before it.

3. Powers of the SC (Art. VIII, Section 5)

a. Exercise original jurisdiction over case of affecting ambassadors, other public
ministers and consuls, and other petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
b. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the
Rules of Court may provide, final judgments and other lower courts in:
1) All cases in which the constitutionality or validity of any treaty, international or
executive, law, presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question.
2) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
3) All cases in which the jurisdiction of any lower court is in issue.
4) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
5) All cases in which only an error or question of law is involved.

c. Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment should not exceed 6 months without the
consent of the judge concerned.
d. Order a change of venue (place of trial) to avoid miscarriage of justice.
e. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law,
the Integrate bar, and legal assistance to the underprivileged. Such rules provide a
simplified and inexpensive procedure for the speedy disposition of cases and it is
uniform for all courts of the same grade, and it does not diminish, increase, or modify
substantive right. Rules of procedure of special courts and quasi-judicial bodies
remain effective unless disapproved by the SC.
f. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

When can the SC order a change of venue (or place of trial)?

The SC can order a change of venue or place of trial whenever the imperative of
securing a fair and impartial trial or of preventing a miscarriage of justice so demands.

4. Procedure in the Supreme Court

a. The procedure in the SC in original as well as in appealed cases shall be the same
as in the CA unless otherwise provided by the Constitution or the law.
b. The procedure for the review by the SC of decisions rendered by the CA in criminal
cases shall be the same as in civil cases.
c. When the court en banc is equally divided in opinion or the necessary majority cannot
be had, the case is reheard, and if in rehearing no decision is reached, the judgment
of conviction of the lower court is reversed and the accused acquitted.

CORRECTIONS

The fourth pillar takes over once the accused, after having been found guilty, is meted
out the penalty for the crime he committed. He can apply for probation or he could be turned over
to a non-institutional or institutional agency or facility for custodial treatment and rehabilitation.
The offender could avail of the benefits of parole or executive clemency once he has served the
minimum period of his sentence.

When the penalty is imprisonment, the sentence is carried out either in the municipal,
provincial or national penitentiary depending on the length of the sentence meted out.

CORRECTIONS defined:
 1. Corrections is one branch of criminal justice concerned with the custody, supervision, and
rehabilitation of convicted offenders.
2. As a process, Correction refers to the reorientation or re-instruction of the criminal offender
in order to prevent him/her from repeating his deviant or delinquent actions. In correcting the
deviant behavior of the offender, the process does not consider the necessity of taking
punitive actions.
3. It is a generic term that includes all government agencies, facilities, programs, procedures,
personnel, and techniques concerned with the investigation, intake, custody, confinement,
supervision, or treatment of alleged offenders (Allen and Simonsen, Corrections in
America).

PRISON defined:
1. Prison is synonymous with penitentiary; a classical place of torture and extreme hardship.
(Traditional description)
2. It is an institution for the incarceration of persons convicted of major/serious crimes.
3. It may refer to a building or other place established for the purpose of taking safe custody
or confinement of criminals or others committed by lawful authority.

JAIL defined:
1. A Jail is a place for locking-up persons who are convicted of minor offenses or felonies.
2. It refers to a local or temporary place for confinement of criminal offenders, as distinguished
from prison.
3. It is a facility purposely designed for detaining or confining persons who are awaiting trial
and who are already convicted but suffering short term of imprisonment.

PUNISHMENT defined:
Punishment is the penalty imposed for the transgression of law. It refers to any ill suffered
in consequence of wrongdoing. There are two (2) major goals of punishment:
1. to inflict deserved suffering on evil doers; and
2. prevention of crime

PENALTY defined:
Penalty refers to the consequences (such as suffering or loss) that follow the
transgression of laws. Strictly speaking, it is the judicial punishment for crime or violation of a law.

IMPRISONMENT defined:
Imprisonment refers to the state or condition of being constrained, restrained, or
incarcerated in confined room or building. It is actually a form of conventional punishment of
criminal offenders. There are three (3) traditional purposes of Imprisonment.
1. To insure the presence of the accused during trial
2. To administer punishment by confinement or incarceration
3. To secure the society from being molested by undesirable characters.
B. Legal Bases of Correctional Administration in the Philippine Setting
Based on the 1987 Philippine Constitution:
1. The State values the dignity of every human person and guarantees full respect for
human rights (Sec. 11, Art. II)
2. No person shall be detained solely by reason of his political beliefs and aspirations (Sec.
18 (1), Art. III)
3. No involuntary servitude in any form shall exist except as a punishment for a crime
whereof the party shall have been duly convicted (Sec. 18, (2), Ibid.)
4. Excessive fines shall not be imposed, nor cruel, degrading punishment or inhuman
punishment inflicted. x x x (Sec. 19 (2), Ibid.)
5. The employment of physical, psychological, or degrading punishment against any
prisoner or detainee or the use of substandard or inadequate penal facilities under
subhuman conditions shall be dealt with by law (Sec. 19, (2), Ibid.)

According to the Revised Penal Code, no felony shall be punishable by any penalty
not prescribed by law prior to its commission. (Art. 21 RPC)

Probation Law (P.D. No. 968) states that:

1. - one of the major goals of the government is to establish a more enlightened and
humane correctional system that will promote the reformation of offenders and thereby
reduce the incidence of recidivism;
2. - the confinement of all offenders in prisons and other institutions with rehabilitation
programs constitutes an onerous drain on the financial resources of the country; and
3. - there is need to provide a less costly alternative to the imprisonment of offenders who
are likely to respond to individualized, community-based treatment programs.
C. Correctional Agencies in the Philippines
a. Agencies engaged in institutional corrections
a. Bureau of Corrections
b. Provincial Jails
c. Bureau of Jail Management and Penology

b. Agencies engaged in non-institutional corrections

a. Parole and Probation Administration (PPA)
b. Board of Pardons and Parole
c. Department of Social Welfare and Development (Bureau of Child and Youth Welfare)

D. FORMS OF PUNISHMENT
1.Death penalty – capital punishment
2.Imprisonment – the legal process of confining the offenders in prison for the purpose of
protecting the public and at the same time rehabilitating them while undergoing
institutional treatment program.
3.Destierro (banishment/exile ) - the penalty of banishing a person from the place where he
committed a crime, prohibiting him to get near or enter the 25 km.-perimeter.
4.Fine or compensation
5.Civic duties

E. DURATION OF PENALTIES
1. RECLUSION PERPETUA - imprisonment of more than 20 years; maximum imprisonment
of 30 years; the prisoner (convict) may apply for executive clemency (pardon) unless he
is disqualified by law
2. RECLUSION TEMPORAL - imprisonment of 12 years and 1 day to 20 years
3. PRISION MAYOR - imprisonment of 6 years and 1 day to 12 years
Temporary disqualification
4. PRISION CORRECTIONAL - imprisonment of 6 months and 1 day 6 years
Suspension and Destierro
5. ARRESTO MAYOR - imprisonment of 1 month and 1 day to 6 months
6. ARRESTO MENOR - imprisonment of 1 day to 30 days
7. BOND TO KEEP THE PEACE or FINE - the amount of fine to be imposed is discretionary
with the court

F. The DEATH PENALTY

CAPITAL OFFENSE or HEINOUS CRIME is an act, which under the existing law at the
time of its commission, may be punished by death (although a lower penalty than death maybe
imposed after conviction). Death penalty was re-imposed as a form of punishment for heinous
crime by virtue of RA # 7959, otherwise called the Death Penalty Law approved in January 2,
1994. When RA # 8177 (The Lethal Injection Law) was enacted, the execution of death penalty
was changed from electrocution to lethal injection. Crimes punishable by death include:
Treason – Murder - Qualified piracy – Kidnapping - Drug trafficking - Aggravated Rape -
Robbery w/ homicide or rape - Destructive Arson

Cases in which Death Penalty shall not be imposed:

1. If the guilty party is over 70 years old
2. If the death penalty imposed by the lower court is not affirmed by the Supreme Court
3. If the offender is under 18 years of age at the time of the commission of the crime.

Instances when the execution of the Death Penalty is suspended:

1. If the convict reached the age of 70
2. If the convict is a pregnant woman
3. If the convict becomes insane or is an imbecile

G. JAIL and PRISON Organization in the Philippines

1. NATIONAL or INSULAR PRISONS - administered by the Bureau of Correction
a. New Bilibid Prison (NBP) - originally referred to as National Bilibid Prison; operates two
satellite units:
Camp Bukang Liwayway – min scty prison
Camp Sampaguita - institutions found in it are the:
Reception and Diagnostic Center
Medium Security Unit, and
Youth Rehabilitation Center

b. Penal Colonies/Territories - prison territories distant from the NBP controlled by the Bureau
of Corrections, such as:
San Ramon Prison and Penal Farm (Zamboanga)
 Iwahig Penal Colony (Palawan)
Davao Penal Colony (Central Davao)
correctional institution for women (Mandaluyong)
Sablayan Penal Colony and Farm (Occidental Mindoro)

2. PROVINCIAL JAILS - jails that are supervised and controlled by the provincial government with
in its jurisdiction.

3. CITY/MUNICIPAL JAILS - jails that are administered (supervised and controlled) by the BJMP

H. The PHILIPPINE JAIL SYSTEM

Types of Jails:

1. Lock-up - a security facility, common in police stations or precincts in urban areas (cities)
for temporarily detaining those persons being held for investigation or waiting hearing of their
criminal cases.

2. Ordinary Jail - the type of jail commonly found in every municipality or city; houses
offenders awaiting court trial and those convicted offenders who are serving their sentence of
imprisonment that does not exceed 3 years; place where juvenile offenders and the mentally
insane people are usually detained while their transfer to other institutions are pending.

3. Work House, Jail Farm Or Camp - a facility that houses minimum custody offenders who
are serving short sentences; inmates undergo constructive work programs; provides full
employment of prisoners, remedial services and constructive leisure time activities.

Classification of Jail Prisoners:

1. Detention prisoners - those detained for investigation, hearing, or trial
2. Sentenced prisoners - offenders who are committed to the jail/prison 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, example: insane persons

Classification of Prisoners according to Degree of Security:

1. Super-Maximum Security Prisoners - special group of prisoners composed of incorrigible,
intractable, and highly dangerous persons who are the source of constant disturbance
even in maximum security institutions; wear orange uniforms and compose the 2% of
NBP population

2. Maximum Security Prisoners - the group composed of chronic trouble-makers but not as
dangerous as the super maximum security prisoners; their movements are restricted and
they are not allowed to work outside the institution but rather assigned to industrial shops
within the prison compound; they wear orange uniforms and they occupy the NBP main
building.

3. Medium Security Prisoners - prisoners who cannot be trusted in open conditions and
pose lesser danger than maximum security prisoners in case they escape; a group of
prisoners who maybe allowed to work outside the fence/walls of the penal institution
under guard or with escorts; occupy Camp Sampaguita (Medium Security Institution);
they are employed as agricultural workers and they wear blue uniforms

4. Minimum Security Prisoners - group of prisoners who can be reasonably trusted to serve
their sentence under "open conditions"; they can be trusted to report to their work
assignments without the presence of guards; they occupy Camp Bukang Liwayway and
they wear brown uniforms.

I. EXTINCTION OF CRIMINAL LIABILITY

Conditions for the total extinction of criminal liability are: Death of the convict, Service of
sentence, Absolute Pardon, Amnesty, Prescription of crime, Prescription of penalty, Marriage of
the offended party to the offender (in good faith),

Conditions for the partial extinction of criminal liability are: Conditional Pardon,
Commutation of Sentence, Probation, Parole, Good Conduct Time Allowance
THE COMMUNITY PILLAR

Prevention and control of crime is not the sole duty and responsibility of the government -
it is also the responsibility of the community. It includes private persons, private groups, and
public entities.
The community could either be in the form of bad or good neighborhood. Bad
neighborhood refers to areas or places in which dwelling or housing conditions are dilapidated,
unsanitary, and unhealthy. These traits are detrimental to the moral, health, and safety of the
populace. Bad neighborhood is usually packed with poor, disintegrated and unorganized
inhabitants. Most inhabitants are experiencing economic difficulties, alcoholism, substance
abuse, gambling and many other problems in life. This connotes that bad neighborhood is the
home of bad elements of society because the environment is very conducive for the commission
of crimes.

The Community also consists of the existing social institutions such as the family, school,
church, mass media, and NGOs.

1. The FAMILY
The Family refers to the basic social group united through bonds of kinship or marriage,
present in all societies. It is the primary institution that molds a child to become a law-abiding
person or a delinquent.
The Home is the place of one’s affections, peace, or rest. It is the home where the family
resides. The home is one of the most basic but most influential environments that lead a person
to become a law-abiding citizen or the opposite – a criminal. It is said that the home is the cradle
of human personality, for it where the child develops his fundamental attitudes and habits that last
through out his life. The kind of conscience that the child develops depends largely on the kind of
family - parents and siblings - he has. The parents are the most influential persons in the family.
Broken home suggest separation between parents. Broken home is usually characterized
by the lack of parent’s interest on the welfare of their children. Many delinquent children come
from broken homes. Unfortunate homes breed juvenile delinquency and criminality.

2. The SCHOOL
The second integral stage of the behavioral/social development process is the school. It
is said that the school is an extension of the home having the strategic position to control crime
and delinquency. It exercises authority over every child that enters its jurisdiction. The teachers
are considered second parents having the responsibility to mold the child to become productive
members of the community by devoting energies to study the child behavior using all available
scientific means and devices in an attempt to provide each the kind and amount of education they
need.
The school has the role of working closely with the parents and neighborhood, and other
community agencies and organizations to direct the child in the most effective and constructive
way. However, the school could be an influence to delinquency and criminality when teachers are
being disliked because they tend to antagonize the children. There are teachers that are bad
tempered, crabby, grouchy, hostile, sarcastic, unreasonable, intolerant, ill-mannered, too strict,
and unfair. These teachers provide conditions that make the students experience frustration,
inadequacy, insecurity, and confusion which are usually considered the kindergarten of crime.

3. The CHURCH
The Church is the institution that provides a place for public worship and the services
needed to enhance the spiritual and moral character of an individual. The church influences
people’s behavior with the emphasis on morals and life’s highest spiritual values, the worth and
dignity of the individual, and respect for person’s lives and properties. The church generates a
strong will of the people to oppose crime and delinquency.
Religion refers to a particular institutionalized or personal system of spiritual beliefs and
practices. Religion is a positive force for goodness in the community and an influence against
crime and delinquency.

4. The MASS MEDIA

The media is the best institution for information dissemination thereby giving an
opportunity to the public to know the necessary facts of life that help them shape their daily views
about crime and its control.

5. Non-Government Organizations (NGOs)

NGOs are private organizations that are civic-oriented and thus promote peaceful and productive
society. These are groups of concerned individuals responsible for helping the government to
pursue community development. They serve as partners of the government institutions in
providing common services for public good and welfare, thus preventing criminality and
maintaining peace and order.
2-fold Role of the Community as a pillar of CJS

First, it has the responsibility to participate in law enforcement activities by being

partners of the peace officers in reporting the crime incident, and helping in the arrest of the
offender.

Second, it has the responsibility to participate in the promotion of peace and order
through crime prevention or deterrence and in the rehabilitation of convicts and their reintegration
to society.

Rehabilitation takes place when the convict is serving his sentence. A convict may be
paroled or may be placed on probation.
Under the concept of a participative criminal justice system in the Philippines, public and
private agencies, as well as citizens, become part of the CJS when they participate and
become involved with issues and activities related to crime prevention.

Thus, citizen-based crime prevention groups become part of the CJS within the
framework of their involvement in crime prevention activities and in the reintegration of the convict
who shall be released from the correction pillar into the mainstream of society.