INTRODUCTION TO PHILIPPINE CRIMINAL The basic of all criminal laws where some
JUSTICE SYSTEM
Prepared by: ALDEMEIR P. ALIPIO RCRIM, of the special laws were patterned is the
MSCJ(u), TOP 3 DECEMBER 2022 C.L.E. Revised Penal Code (RA 3815) that took
effect on January 1, 1932.
The term “law” refers to the set of rules and
regulations or orders, usually written, created Presidential Decrees and Republic Acts are
and enacted by the people that must be the two (2) well – known names of
abided by the people themselves. The aim of special criminal laws in the Philippines.
the passage of laws is social control, that is,
people binded by the laws will know what acts Presidential Decrees are special laws which
should be done and what acts that should not were passed during the Martial Law era
be done. wherein the Philippine was placed under a
Parliamentary system of government.
One classification of law is the criminal law.
Republic Acts are special laws which were
CRIMINAL LAW DEFINED
passed after the 1987 Philippine
Constitution was enacted where the
Criminal law is defined as that branch or
system of our government is now
division of public law which defines crimes,
democratic and republican.
treats of their nature, and provides for their
punishment it.
At present, the national law – making
WHAT IS CRIME? body of the Philippines is the (House of)
Congress which is composed of the Senators
Crime is a general term that refers to acts or and the Representatives. Both belong to the
omissions punishable by criminal law. An act legislative branch of the government and they
or omission is punishable only if there is a law exercise legislative power, which is the
prohibiting the performance of the act or a authority under the Constitution to
law that commands a person to do an act but make, amend, modify, or to repeal laws
he failed to perform. In the Philippines, we (Section 1, Article VI).
follow the legal maxim of NULLUM CRIMEN,
NULLA POENA SINE LEGE which means “there Any law passed by the Congress is
is no crime if there is no penal law punishing national in scope and application.
it”. Therefore, in order for an act or omission
to be punished, there must be a law that The legislative power is shared by the
forbids it and that law at the same time must Congress with the local legislatives or
provide for a penalty violating it. the local law – making bodies of the
different political divisions of the
The sources of criminal law in the
Philippines which are the provinces,
Philippines are:
cities, municipalities, and barangays.
1) The Revised Penal Code (RA 3815) and its
amendments; A law passed by a local legislative is termed
as “ordinance” and is only applicable
2) Republic Acts; within their respective political
jurisdiction.
3) Presidential Decrees, and
Specifically, violation of the Revised Penal
4) other Special Penal laws passed by the
Code is termed as “felony” while violation of
Philippine Commission, Philippine Assembly,
special criminal laws and ordinances is
Philippine Legislature, National Assembly, the
termed as “offense”.
Congress of the Philippines, and the Batasang
Pambansa.
Any person who committed a crime may be
held liable criminally, civilly,
administratively, both or all of the
above.
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Criminal liability means imprisonment with c) When the offender should be liable for
the duration is usually provided by the law acts connected with the introduction into the
violated. Philippines of the obligations and securities
Civil liability is the payment of damages in mentioned in the preceding number.
the form of money.
Administrative liability is a penalty d) When the offender, while being a
associated with the principal penalty and public officer or employee, should commit
usually bestowed if the offender is a public an offense in the exercise of his
official or employee like suspension in the functions.
performance of functions, demotion in rank,
Some crimes that may be committed in
or dismissal from service
the exercise of public functions are
Principles of Philippine Criminal Law and
Direct bribery (Art. 210),
the Exemptions in its Application
1. Principle of Generality – Criminal Indirect bribery (Art. 211),
law is applicable on all persons
and malversation of public funds or property
regardless of age, sex, ethnicity,
(Art 217).
religion and etc. who live or sojourn in
the Philippines.
e) When the offender should commit
any of the crimes against the national
It means that the criminal law of the.
security and the law of nations.
country governs all persons within
the country. regardless of their race,
Some of the crimes under this title are
belief, sex, or creed.
treason (Art. 114), espionage (Art. 117) and
piracy and mutiny in the high seas (Art. 122).
Exceptions: The following are not subject to
the operation of the Philippine criminal laws
3) Principle of Prospectivity – Penal
based to the well – established principles of
laws cannot make an act punishable in a
international law:
manner in which it was not punishable when
committed.
a) Sovereigns and other chiefs of state.
Exception: A new law can be given a
b) Ambassadors, ministers
retroactive effect if it is favorable to the
plenipotentiary, ministers resident, and
accused.
charges d’affaires.
2. Principle of Territoriality – Criminal
laws undertake to punish crimes
committed within Philippine territory.
Exceptions: The provisions of the Revised
Penal Code shall be applicable in the
following cases even if the felony is
committed outside of the Philippines:
a) When the offender should commit an
offense while on a Philippine ship or
airship.
A Philippine vessel or aircraft must be
understood as that which is registered in the
Philippine Bureau of Customs.
b) When the offender should forge or
counterfeit any coin or currency note of the
Philippines or obligations and securities issued
by the (Philippine) Government.
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CRIMINAL JUSTICE SYSTEM Basic function of the Lupon
The sum total of instrumentation which a society Essentially, the Lupon must provide a forum for
uses in the prevention and control of crime and matters relevant to the amicable settlement of
delinquency. disputes for the speedy resolution of disputes.
The machinery of the state or government which
enforces the rules of conduct necessary to protect Mediation = is the process by which the Lupon Chairman
life and property and to maintain peace and order. meets with the parties together with their witnesses to
Comprises all means used to enforce these mediate with their conflicting interest.
standards of conduct, which are deemed necessary
to protect individuals and to maintain general well- PANGKAT TAGAPAGKASUNDO
being of the community. It shall act as the conciliation panel. It is also
referred to as the PANGKAT.
The Pillars of the Criminal Justice System It shall be composed of three (3) members
chosen from the members of the Lupon. They
Philippines United States Japan shall choose from among the three of them the
Pangkat Chairman and Pangkat Secretary.
The Pangkat shall be constituted whenever a
1.Law Enforcement 1.Law Enforcement 1.Law Enforcement dispute is brought before the Lupon.
2. Prosecution 2. Court 2. Prosecution The members of the Pangkat shall be chosen by
3. Court 3. Correction 3. Court the parties of the dispute from among the Lupon
4. Correction 4. Institutional members. In case of disagreement, the
5. Community 5. Non-Institutional Barangay Chairman shall draw lots.
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
KATARUNGANG PAMBARANGAY (VILLAGE neighbors;
JUSTICE) e) those involving real properties located in the
barangay;
BRIEF HISTORY OF THE KATARUNGANG
PAMBARANGAY Venue for amicable settlement
a) disputes between persons actually residing in the
PD 1293 – the law “CREATING A KATARUNGANG same barangay shall be brought for amicable
PAMBARANGAY COMMISSION TO STUDY THE settlement before the Lupon of said barangay;
FEASIBILITY OF RESOLVING DISPUTES AT THE b) those involving actual residents of different
BARANGAY LEVEL barangays within the same city or municipality
Promulgated on 27 January 1978 shall be brought in the barangay where the
respondent actually resides;
BP 1508 – the law “ESTABLISHING A SYSTEM OF c) all disputes involving real property or any interest
AMICABLY SETTLING DISPUTES AT THE shall be brought in the barangay where the real
BARANGAY LEVEL property or the larger portion is situated;
d) those arising at the workplace where the
RA 7160 – otherwise known as the “LOCAL contending parties are employed or at the
GOVERNMENT CODE OF 1991 institution where such parties are enrolled for
provides for the REVISED KATARUNGANG study shall be brought in the barangay where such
PAMBARANGAY LAW workplace or institution is located.
enacted on 10 October 1991
PROCEDURE FOR AMICABLE SETTLEMENT
LUPONG TAGAPAMAYAPA
It is a body of men created to settle disputes Who may initiate proceedings?
within the barangay level. It is also referred to Any individual who has a cause of action against
as the LUPON. another individual involving any matter within
the authority of the Lupon may complain, orally
Composition of the Lupon or in writing, to the Lupon.
The Lupon shall be composed of the Barangay
Chairman as Chairman of the Lupon and the COMPLAINANT – the person who filed the complaint
Barangay Secretary as the Secretary of the against the respondent.
Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20). It RESPONDENT – the person who is being complained
shall be constituted every three (3) years. of.
Qualification to become members of the Lupon CAUSE OF ACTION – an act or omission of one party
Any resident of the barangay of reputable in violation of the legal rights of another for which the
character may be appointed as member of the latter suffers damage which affords a party to a right to
Lupon. Members of the Lupon shall be judicial intervention.
appointed by the Barangay Chairman with the
term of three (3) years. Upon receipt of the complaint the Chairman shall
meet with the respondent and complainant and
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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
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.
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