INTRODUCTION TO

CRIMINAL JUSTICE
SYSTEM

By
DR. RUBEN A. STA. TERESA
 Justice
 – is a social norm providing guidance for
people in their dealings with one
another; as a standard against which
actions are evaluated; and as a
prescription for requirement that people
act justly.
Schools of Thoughts about Justice:

 Positive Law Theory

• Justice is a creature of law made by men.
• No justice exists apart from what law creates or
mandates, there is no independent or abstract
standard against which the actions of people or man
made law itself can be judged.

 Social Good Theory

• Justice is more than what one finds in positive law,
that there are standards or concepts of what is in the
best interests of society, and that man made laws can
be judged against these standards or concepts and
found lacking.
 Natural Right Theory
• Justice can be summarized by this rule
“render to each his right or due”.
• Those who hold that individuals have natural
rights that precede and are superior to the
interests of society or the state, and those
who hold that human beings mean nothing
apart from their social and political role in
organized society.
Substantive Justice vs. Procedural Justice
 Substantive Justice
• Is that which is concerned with how best to allocate, distribute, and
protect the substantive values of society.
• In the area of criminal justice, the substantive issues concern which
behaviors are to be made criminal violations and what sanctions the
law should provide for dealing with those who commit crimes.

 Procedural Justice
• Is that which is concerned with how the law is administered – in other
words, what mechanisms or process are used applying the law and
making decisions in specific cases.
• In criminal justice, the term refers to how offenders are brought before
the bar justice and the procedures used in gathering and presenting
evidence, determining the guilt or innocence of the accused, and
deciding on the sentence to be imposed on those convicted.
 Law
• It is major input to the criminal justice system.
It is a society’s primary instrument for making
known what acts are crimes and what
sanctions may be applied to those who
commit acts defined as crimes.
• It is method of social control that is formally
enacted or promulgated by the agencies or
agencies of government duly authorized in
that society to make law and that is subject to
interpretation by and through the courts.
 Forms of Law:
• Common Law – known in other countries as the
body of principles, practices, usages and rules of
action
• Statutory Law – a legislated law; or made by
legislatures
• Case Law – law made by justices in cases decided in
the appellate courts especially by the Supreme Court.

 Types of Law:
• Civil Law – law which has something to do with such
things as contracts, wills, inheritances, marriage,
property, divorce, adoption and the like, and with
private injuries which are called “torts”.
• Criminal Law – is that branch or division of law which
defines crimes, treats of their nature and provides for
their punishment.
 The Criminal Justice System
• It is the system in the community charged with direct responsibility
for the prevention, reduction and control of crime.
• It 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.
• It is “the system or process in the community by which crimes are
investigated, and the persons suspected thereof are taken into
custody, prosecuted in court, and punished if found guilty,
provision being made for their correction and rehabilitation.”
(Handbook on the Courts and the CJS, by Chief Justice Andres
Narvasa, 1996, p27)
• As a system, it is the machinery which society uses in the
prevention of crime.
• As a process, it refers to the “orderly progression of events from
the time a person is arrested or taken out of the community,
investigated, prosecuted, sentenced, punished, rehabilitated, and
eventually returned to the community.” (UNAFEI Publication,
Tokyo, 1981 p18)
Stages of the Criminal Justice Process
• There are five (5) stages in the criminal justice process:
• Arrest - it is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
• Two distinct sequences of steps following the detection of a
crime:
• Police Observation – Arrest – Booking – Investigation
• Complaint – Investigation – Arrest – Booking
• Charging – the prosecution will decide whether the suspect will be
tried for the commission of a crime.
• Complaint – is a sworn statement charging a person with an
offense, subscribed by the offended, any peace officer, or
other public officer charged with the enforcement of the law
violated.
• Information – is an accusation in writing charging a person with
an offense, subscribed by the prosecutor and filed with the
court.
 Adjudication – formal charges are filed againts the accused.
• Defenses against Criminal Charges
The Defense of Alibi
The Defense of Insanity
The Defense of Instigation
The Defense of Duress
The Defense of Consent
The Defense of “Violation of the provisions of the Bill of Rights”
• Trial Procedure
• The prosecution shall present evidence to prove the charge;
• The accused may present evidence to prove his defense;
• The prosecution and the defense may, in that order present rebuttal
and sur-rebuttal evidence unless the court, in furtherance of justice
permits them to present additional evidence;
• Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision. (RoC, Rule 119, Sec. 11)

• Judgment – in a criminal case, the judgment of a court must state whether

the accused is guilty or not guilty of the offense charged and impose on
him the proper penalty and civil liability, if any.
 Sentencing – the judge will consider all
circumstances surrounding the case and
it is his duty to apply the provisions of
the law in rendering punishment or
sentence against the accused.

 Correction – involves the convicted

person’s serving of the sentence
imposed. It is the stage where the
offender will be reformed and
rehabilitated prior to his reintegration in
the community.
 CRIME IS MULTI-FACETED

 a social problem,
 a political problem,
 a spiritual problem, and
 an economic problem
 Criminal Justice System
“the process in a community by which a crime is
investigated, and the person(s) suspected for the
commission thereof is/are taken into legal custody for
prosecution in court and for punishment, if found
guilty, with provisions being made for the correction
and/or rehabilitation of the offender(s) to ensure
renewed assimilation into mainstream society after
service of sentence”.

-It is the sum total of instrumentation which a society

uses in the prevention and control of crime and juvenile
delinquency.
 5
PILLARS
OF THE
CRIMINAL JUSTICE SYSTEM
E P C
N R O C
F O R O
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O S R M
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L R E E M
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 COMMUNITY

Law
VIOLATOR Prose- Correc-
Enforce- Judicial
cution tional
ment

Flow of Violators through the Criminal Justice

System
(Philippine System)
COMPLAINT LAW ENFORCEMENT

BARANGAY

Resolved LUPON Not

Resolved

POLICE ENDORSEMENT
( for second pillar of justice)
 PROCEEDINGS UNDER KATARUNGANG PAMBARANGAY
Offended Party files Verbal or
Punong Barangay COURT OF
Written Complaint/Statement
PANGKAT TAGAPAYAPA PROPER
JURISDICTION
ALL DISPUTES
Except:
SUMMONS
1) One party is the gov’t., et. al.,
2) One party is a public officer/
SUMMONS
employee, & dispute refers to his
official functions; Conciliation
3) Offense is punishable by
Imprisonment>1 yr; of a fine>
P5,000.00;
Hearing
4) Offenses where there is no Constitution of
SETTLED?
Private offended party; the Pangkat
5) Involving lands located in Tagapayapa
different cities/municipalities SETTLED?
except when the parties agree;
6) Parties residents of different, YES NO
but not adjacent, barangays of CERTIFICATE TO
Different municipalities/cities; YES NO FILE ACTION
7) Such other disputes which
may be included by the President.
Execution,
By Lupon w/in 6 mos. fr.
Settlement; thereafter,
Repudiation
by the courts

By Motion
 LAW ENFORCEMENT AGENCIES IN
THE PHILIPPINES
Philippine National Police
National Bureau of Investigation
Philippine Drug Enforcement Agency They enforce
L the laws, and
Bureau of Internal Revenue
A rules and
Land Transportation Office
W regulations of
A Bureau of Customs
the government
E G Food and Drug Administration in accordance
N E Philippine Coast Guard with their
F N Philippine Aviation Security Command defined
O C functions,
R Maritime Industry Authority
I duties and
C E Bureau of Forest Development responsibilities
E S Bureau of Fish and Aquatic Resources within their
M Air Transportation Office respective
E jurisdictions
N Department of Environment and Natural Resources
T Department of Foreign Affairs
Government owned and controlled
Corporations with their own Police System
 OTHER GOVERNMENT AGENCIES THAT HAVE
SPECIAL POLICE POWER DESIGNED TO
EFFECTIVELY IMPLEMENT THEIR MANDATES
IN ACCORDANCE WITH PERTINENT LAWS:
 Bureau of Immigration (BI) – an attached agency under the
Department of Justice, is tasked to enforce the immigration laws of the
country. It investigates and arrests illegal and undocumented aliens ,
foreign fugitives and criminals operating in the country.

 Bureau of Customs (BOC) – under the Department of

Finance, is tasked to enforce customs and tariff in all the Philippine
airports and seaport nationwide. It investigates and arrests smugglers
and those suspected of violating custom laws.

 Bureau of Internal Revenue (BIR) – enforces tax laws

and regulations. It investigates tax evasion cases and arrests similar
violators. BIR is under the Department of Finance.
 OTHER GOVERNMENT AGENCIES THAT HAVE SPECIAL
POLICE POWER DESIGNED TO EFFECTIVELY IMPLEMENT
THEIR MANDATES IN ACCORDANCE WITH PERTINENT
LAWS: cont……
 Bureau of Food and Drugs (BFAD) – enforces and regulates
manufacture of food and drugs. It investigates and arrest unscrupulous
manufacturers and makers of substandard food and drugs without license
or permits. BFAD is under the Department of Health.

 Bureau of Quarantine – an attached agency under the

Department of Health. It is empower to enforce measures to stop, control,
and monitor the spread of disease by conducting quarantine on all air and
seaports across the country.

 Land Transportation Office– regulates land transportation

industry and enforces transportation laws and regulations. Investigates,
arrests and prosecutes “colorum” or out of the line vehicle.
 OTHER GOVERNMENT AGENCIES THAT HAVE
SPECIAL POLICE POWER DESIGNED TO
EFFECTIVELY IMPLEMENT THEIR MANDATES
IN ACCORDANCE WITH PERTINENT LAWS:
cont……

 Maritime Industry Authority – regulates the maritime and

shipping industry. It oversees the sea worthiness of all sea-going
vessel.

 Optical Media Board (OMB) – formerly known as Videogram

Regulatory, the OMB operates against the proliferation of fake and
pirated VHS, DVD, VCD or CD tapes.

 Movie and Television Review and Classification

Board – operates against pornography films shown on television and
movie houses.
 OTHER GOVERNMENT AGENCIES THAT HAVE SPECIAL
POLICE POWER DESIGNED TO EFFECTIVELY IMPLEMENT
THEIR MANDATES IN ACCORDANCE WITH PERTINENT
LAWS: cont……
 Department of the Environment and Natural
Resources – operates against illegal logging. It investigates and
prosecutes violators of environmental protection laws.

 Banko Sentral ng Pilipinas – regulates banking industry and

enforces banking laws. Investigates, arrests and prosecutes counterfeit
currency manufacturers and passers.

 Intellectual Property Office – an interagency attached

under the Department of Trade and Industry, operates against the
intellectual property and copyright laws. Enforce all laws pertaining to
the Intellectual property and apprehend/prosecutes violators thereof.
 MAJOR LAWS ENFORCEABLE IN THE
PHILIPPINES

 The Revised Penal Code

 Comprehensive Dangerous Drugs Act of 2002 (RA 9165)
 The Laws on Illegal Possession of Firearms and Explosives pursuant to
PD 1866 as amended by RA 8294
 Anti-gambling Laws
 Anti-Fencing Law (PD1612)
 Anti-Illegal Fishing Laws
 Anti-Carnapping Law (RA 6539)
 Anti-Bouncing Checks Law (Batas Pambansa Blg. 22)
 Traffic Laws
 City and Municipal Ordinances
 Presidential Decrees, Executive Orders e.g. Anti-Littering, Anti-Logging
Act.
 Origin of National Bureau of Investigation
 Commonwealth Act No. 181, dated November 1938, Division of
Investigation (DI) – responsible for conceptualization and creation of the
division.
 Republic Act No. 157, dated June 1`9, 1947, National Bureau of
Investigation (NBI) – To undertake investigations of crime and other
offense against the laws of the Philippines upon its own initiative and as
public interest may require.
 Republic Act No. 2678, dated 1960 – Expansion and Re-Organized the
NBI by increasing personnel and creating additional divisions and by
establishing Regional Offices. It also established the NBI as both an
investigative and research service agency.
- Originally, Division of Investigation of the DOJ (CA #181)
- Patterned after the Federal Bureau of Investigation (FBI) of the U.S.
- RA #157 (June 19, 1947); expanded under RA #2678 (1960): created the
NBI.

Four Services:
(1) General Investigation Services;
(2) Special Investigation Services;
(3) General Administrative Services;
(4) Technical Services
- An organic office of the Department of Justice to aid the State
Prosecutors
 Origin of National Police ( NAPOLCOM):
 Republic Act No. 4864, dated September 8, 1966, otherwise
known as the Police Act of 1966 – created the Office of the
National Police Commission (NAPOLCOM), originally Police
Commission (POLCOM), under the office of the President. – it is
the supervisory agency to oversee the training and
professionalization of the Local Police Forces.
 Executive Order 1040, dated July 10, 1985 – transferred the
administrative control and supervision of the Integrated National
Police (INP) from the Ministry of National Defense (MND) to the
office of the National Police Commission. The NAPOLCOM
serves as the Presidential arm in all matters affecting the
Integrated National Police.
 Presidential Decree No. 765, dated August 8, 1975 – the
training and communication branches which were taken and
transferred to the PC/INP from the NAPOLCOM. Jurisdiction of
the Hearing Officers of the NAPOLCOM to investigate
administrative complaints against members of the police forces
and their claims for permanent disability and death benefits.
 PHILIPPINE POLICE SERVICE
HISTORY
SPANISH REGIME (Up to the 19th)
-Police service: part of military system of the defense of colony.
The suppression of brigandage by patrolling unsettled areas,
Detection of local or petty uprising, and
The enforcement of collection, including church revenues.

-Carabineros de Seguridad Publico:

•Organized in 1712 to carryout the regulations of the Department of State.
•Armed & considered as the mounted police.
•Later, it discharged the duties of a port, harbor and river police.
-Guardrilleros:
•Body of rural police organized in each town and established by the Royal Decree of January 8,
1836.
•5% of able-bodied male inhabitants of each province were to be enlisted in this police
organization for 3 years.
-Guardia Civil:
•Created by a Royal Decree issued by the Crown on February 12, 1852 to partially relieve the
Spanish Peninsular Troops of their work in policing towns.
•Consisted of a body of Filipino policemen organized originally in each of the provincial capitals
of the provincial capitals of the central provinces of Luzon under the Alcalde (Governor)

-American Occupation
•Came after Filipino-American War from 1898 to 1901.
•November 30, 1990: Insular Police Force was recommended to be organized
•July 18, 1901,
The Philippine Constabulary (PC):
• Act No. 197, dated July 18, 1901 – an act providing
for the Organization and Government of an Insular
Constabulary.
• Act No. 255 Section 1, dated October 3, 1901 –
Philippine Constabulary – is a National Police Institution
for preserving the peace and for keeping and enforcing
the law.
• Commonwealth Act No. 343, dated June 23, 1938
and Executive Order No. 389, dated December 23,
1950 – the Philippine Constabulary is the existing and
organized National Police Force of the Country.
• PD 765 – INP-PC Integration in 1975.
• Republic Act No. 6975 – The DILG Act of 1990
• Republic Act No. 8551 – PNP Reform and
Reorganization ACT 1998
 PROSECUTION: IT’S
CONCEPTUAL MEANING

Prosecution:
It is the process or method whereby accusations
are brought before a court of justice to determine
the innocence or guilt of the accused. It is also
the institution for continuation of a criminal suit
involving the process of exhibiting formal
charges against an offender before a legal
tribunal and pursuing to final judgment on behalf
of the State or Government.
 PROSECUTION IN THE
PHILIPPINES

Within the Philippines legal setting,

prosecution occupies a unique position in
our CJS. The prosecutor serves as lawyer of
the government in criminal cases and
automatically considered an officer of the
court at the same time a member of the
Department of Justice (DOJ) which is under
the executive branch of the government,
thus independent from the judiciary
 PRELIMINARY INVESTIGATION:
CONCEPT, PURPOSES AND
PROCEDURES

Preliminary Investigation:

It 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 Regional Trial Court has been
committed and that the respondent probably guilty
thereof.
 cont……

The Main Purposes of Preliminary

Investigation are the following:
 To protect the innocent against hasty,
oppressive, and malicious prosecution.
 To secure the innocent from open and public
accusation of trial, from trouble expense and
anxiety of a public trial.
 To protect the state from useless and expensive
trials.
 cont……

In terms of procedures in the Preliminary

Investigation process, the following are
followed:
1. Filing of the sworn complaint-affidavit together with
supporting documents;
2. NO GROUND to continue with the inquiry dismissal of the
complaint; WITH GROUND to continue with the inquiry-
subpoena respondent(s).
3. Submission by the respondent(s) of the sworn counter-
affidavit within 10 days from receipt of the subpoena;
4. Investigating officer may set a hearing to propound
clarificatory questions.
5. Thereafter, the investigating officer issues the resolution
(recommendatory) within 10 days to the city/provincial
prosecutor/chief state prosecutor;
6. City/Provincial Prosecutor/Chief State Prosecutor acts
on the recommendation within five days.
OFFICER AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION

 Judges of the Municipal Trial Courts

 Judges of the Municipal Circuit Trial
Courts
 National and Regional State
Prosecutors
 Provincial and City Prosecutors
 Such other officer that may be
authorized by Law.
 PROSECUTORIAL DISCRETION:
DEFINITION AND CONCEPT
Prosecutorial Discretion:
It is the prudent muse of judgment being exercised
by the investigating fiscal or prosecutor in
determining the existence of probable cause during
preliminary investigation. The prosecutor, just like
the police, has wide latitude of discretion and as
such, it enjoys absolute, unrestricted discretion in
the performance of his duties. The Prosecutor is
vulnerable to abuse of power and oftentimes
criticized as corrupt and engaging in selective
prosecution.
 THE FOLLOWING ARE EXAMPLES OF
PROSECUTORIAL DISCRETION

 Filing of a case in court against the accused for

trial on the merits.
 To drop or dismiss the case after conducting
preliminary investigation for lack of merit or
insufficiency of evidence.
 To enter into agreement with the defense counsel
for consideration and approval of the court.
 To recommend reduced charges and bait in favor
of the accused
 PROSECUTORIAL
BODIES/OFFICES

1. Office of the City or Provincial

Prosecutors
2. State Prosecutors under the National
Prosecutors Service (PD 1275)
3. Office of the Special Prosecutor
4. Office of the Ombudsman
5. Judge Advocates General’s Office for
the Military
.

Complaint: 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 law violated.(Sec. 3, Sule 110, Revised
Rules of Court).

Information: an accusation in writing charging a person

with an offense, subscribed by the prosecutor and filed
with the court. (Sec. 4, Rule 110, Revised Rules of
Court).
 Court
• It is 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.

 Judicial Procedures in Pre-Spanish Philippines

• “All trials of criminal and civil cases in Pre-Spanish
Philippines were in public.
• Perjury was rare in the early trials.
• The barangay court decided the case in favor of the litigant
who presented more proofs than the other.”

 Trial by Ordeal
• It was believed that the gods protected the innocent and
punished the guilty.
• Through the ordeal the gods revealed divine truth to the
people.
 Judicial Power
• Shall be vested in the Supreme Court and in such inferior
courts as may be established by law.
• It is the power to apply the laws to contests or disputes
concerning legally recognized rights or duties between the
State and private persons or between individual litigants in
cases properly brought before the judicial tribunal.
• Scope of Judicial Power:
• To pass upon the validity or constitutionality of the laws of
the State and the acts of the other departments of the
government;
• To interpret and construe them;
• To render authoritative judgments; and
• Incidental powers necessary to the effective discharge of
the judicial functions such as the power to punish persons
adjudged in contempt.
• Significance of the Court in the Administration of Criminal
Justice
• The courts under the Constitution are entrusted with the
function of deciding actual cases and controversies.
• They do not participate actively in the process of
administration, but are rather tasked with adjudication by
applying the law to the facts as established.
 Organization of Courts:
 Regular Courts – Act of 1980, otherwise known as the Batas Pambansa
Blg. 129:
• The supreme courts of the Philippines.
• Court of Appeals
• Regional Trial Courts –
• Metropolitan Trial Courts – Metro Manila area and other metropolitan area
• Municipal Trial Courts – For City or municipality area
• Municipal Circuit Trial Courts – comprising of two or more municipalities.
 Special Courts:
• Court of Tax Appeals – Created under RA 1125 – has exclusive appellate jurisdiction
to review on a appeal the decisions of the Commission of Internal Revenue involving
internal revenue taxes and decisions of the Commissioner of Customs involving
customs duties.
• Sandiganbayan – Created under PD 1606 – involving government employee in
connections of their duties and functions.
• Sharia Court- try cases on Muslim laws and traditions.
 Quasi-Judicial Bodies:
• National Labor Relations Commissions (NLRC) -
• Commissions on Elections (COMELEC) -
• National Police Commission (NAPOLCOM); and –
• Others Constitutional bodies.
 Jurisdiction – it is the power possessed by a person or a body of men to
dispose of a cause or question judicially.
• Jurisdiction of Courts:
• General – When it is empowered to decide all disputes which may
come before it, except those assigned to other courts.
• Limited – When it has authority to hear and determine only a few
specified cases.
• Original – When it can try and decide a case presented for the first
time.
• Appellate – When it can take a case already heard and decided by
a lower court removed from it by appeal
• Exclusive – When it can try and decide a case which cannot be
presented before any court.
• Concurrent – When any one of two or more courts may take
cognizance of a case.
• Criminal – That which exists for the punishment of crime
• Civil – That which exists when the subject matter is not of a criminal
offense.

 Decision – It is the judgment rendered by a court of justice or other

competent tribunals after the presentation of proof in an ordinary or criminal
case or upon stipulation of facts upon which the disposition of the case is
based.
Partial Extinction of Criminal Liability:
• Conditional Pardon – a person granted must comply
strictly with conditions thereof, otherwise, the
conditional pardon shall be revoked and he shall be
liable for prosecution for violation of the conditional
pardon.
• Commutation of Sentence – It is the change in the
sentence of the court made by the President which
consists in the reducing of the penalty imposed upon
the offender.
• Good Conduct Time Allowance (GCTA)
• Parole – It consists in the suspension of the sentence
of a convict after having served the minimum of the
sentence imposed without the granting of a pardon,
prescribing the terms upon which the sentence shall be
suspended.
• Probation – It is a privilege given by a court whose
convicted person met the minimum requirements.
CORRECTIONAL INSTITUTIONS
• One of the components of the Criminal Justice System is
Correction which is considered the weakest, mainly
because of its failure to reform offenders and prevent them
from returning to a normal life.
• The primary concern of penology is what to do with the
prisoner. An old approach to this fundamental call for his
elimination, or at least his banishment and isolation from
society.
• But the era of purely vindictive societal reaction has given
way to the humane treatment of criminal offenders
resulting in the present-day policy or rehabilitation and
reformation.

• Three main schools of thought or approaches with regard

to the treatment of criminals:
• Classical School
• Neo-classical School
• Positive or Italian School
 Classical School – Adheres further to the doctrine of
psychological hedonism wherein an individual calculates
pleasure and pain in advance of action and regulates his
conduct by the results of his calculation.

 Neo-Classical School – Punishment is imposed on

some lawbreakers but not on others. By implication,
individual responsibility was taken into account.
Subsequently, it would be necessary for the
administrators of justice to consider the psychology and
sociology of crime.

 Positive School – This school views crime as a social

phenomenon and attaches importance to the criminal
offenders. To this effect, a criminal is like a sick man who
needs not to be punished but treated in a hospital so that
his illness which has something to do with the
commission of crime may be cured.
 Jails – are primarily adult penal institutions
used for the detention of law violators.

Categories of Prisoners under PD No. 29:

• City or Municipal Prisoners – Persons who by reason of
their sentence may be deprived of liberty for not more
than six months. The imposition of subsidiary
imprisonment shall not be taken into consideration in
fixing the status of a prisoner hereunder except when
the sentence imposes a fine only.
• Provincial Prisoners – Persons who by reason of their
sentence may be deprived of liberty for not more than
three years or are subjected to a fine of not more than
one thousand pesos, or both.
• All other prisoners are considered National prisoners.
 History of Early Prisons:
• The basic law in the Philippines Prison System is found in
Sections 1705 to 1751 of the Revised Administrative
Code, otherwise known as the Prison Law.
• The Prison Law states that the head of the Bureau of
Prisons is the Director who is appointed by the President
of the Philippines with the confirmation of the Commission
on Appointments.
• The Bureau of Prisons has general supervision and control
of national and provincial prisons and all penal
settlements, and is charged with the safekeeping of all
prisons confined therein or committed to the custody of the
said Bureau.
 INSULAR PRISONS
 Bilibid Prison
• In 1847, built by Royal Decree of the Spanish Crown.
• “May Haligue Estate”, at the nearby Central Market of Manila.
• In 1936, the City of Manila exchanged its Muntilupa property of 552
hectares with that Bureau of Prisons lot in Manila.
• Two (2) Satellite units of New Bilibid Prison:
• Bukang Liwayway – minimum security prisoners who work in the various
projects of the institution.
• Sampaguita Camp – located the Reception and Diagnostic Center, the
Medium Security Unit and the Youth Rehabilitation Center.
• In 1956, Offers high school course

 San Ramon Prison and Penal Farm

• In 1869, established for confinement of political offenders.
• The prison was named Capt. Ramon Blanco
• One of the prisoners during those days was Dr. Jose Rizal
• Has an area of 1,546 hectares.
 Iwahig Penal Colony
 to serve as an institution for incorrigibles was envisioned by Governor Forbes,
who was then the Secretary of Commerce and Police.
 Has an area of 36,000 hectares
 Four Sub-Colonies:
 Sta. Lucia sub-colony
 Inagawan sub-colony
 Montible sub-colony, and
 Central sub-colony
 Davao Penal Colony
• Established on Jan. 21, 1932 in accordance with Act 3732 and Proclamation
No. 414 series of 1931.
• Has an area of 18,000 hectares
• In 1942, this colony was used as a concentration camp for American prisoners
of war.

 Correctional Institution for Women

• In 931, the institution was established on an 18-hectare piece of land in
Mandaluyong by authority of Act 3579 which was passed on Nov. 27, 1929.

 Sablayan Penal Colony and Farm

• In 1954, President issued Proclamation No. 72, dated September 27, 1954 due
to tremendous increase in the prison population in Bilibid Prison and setting
aside of a land for the establishment of penal colony.
• Has an area of 16,000 hectares of the virgin land in Sablayan, Occidental
Mindoro.
Rehabilitation and treatment Programs
• Can be carried out through the process of classification
and custody and control of prisoners.

Classification – it is a method by which diagnosis,

treatment, planning and execution of treatment
programs are coordinated in the individual cases.

• Three Phases of the classification process:

• Diagnosis
• Treatment planning
• Execution of treatment program
 Reception and Diagnostic Center – careful
study of offenders by a professional staff, the
segregation of prisoners based on scientific
methods, the treatment of inmates based upon a
careful study of the individual inmate at the time of
commitment, the improvement of institutional
programs or a close study of the inmates’
characteristics and needs made at the center, and
the development of research concerning the
causes and treatment of delinquency or crime.

 Custody and Control of Prisoners – One of the

important phases of prison management is the
custody and control of prisoners. The rehabilitation
program in prison cannot be carried out if
prisoners are not effectively controlled.
 Other Forms of Benefits of Prisoners:
• Pardon – It is an act of grace of the Chief Executive given to a prisoner who is
entitled to it.
• Kinds of Pardon:
• Absolute Pardon – is one which given without any conditional attached
to it.
• Conditional Pardon – is one which given with terms and conditions for
the purpose of releasing.

• Amnesty – is a blanket pardon granted to a group of prisoners, generally

political prisoners before investigation or trial is held with the concurrence of
Congress.

• Commutation – is an act of clemency by which an executive act changes a

heavier sentence to a less serious one or a longer term to a shorter term.

• Reprieve – is a temporary stay of the execution of sentence.

• Good-Conduct-Time Allowance – it is a conditional release is the statutory

shortening of the maximum sentence the prisoner serves because of good
behavior while in prison.

• Probation – In, PD 968 –

• Parole -
COMMUNITY: It’s Role in the CJS

The community’s role in the prevention and

control of crime has become doubly crucial
nowadays with the rise of the incidence of crimes
especially kidnap for ransom, carnapping, drug
trafficking, and bank robberies; the involvement
of police in common heinous and organized
crimes; the pervasiveness of graft and corruption
in all levels of government; the erosion of the
moral fiber of society; and the prevalence of child
abuse and exploitation which endangers the
family as the basic foundation of the society.
The mobilized community as a pillar of
the CJS has two fold roles which are:

 Civic duty and responsibility to participate in

law enforcement activities by being partners
of the police officers in reporting the crime
incident, and helping in the arrest of the
offender;
 Civic duty and responsibility to participate in
the promotion of peace and order through
crime prevention and in the rehabilitation of
convicts for their eventual reintegration to
society.
 Enhancing Criminal Justice
through People Empowerment
In the field of crime prevention and criminal
justice, people empowerment can be
manifested in the effective involvement of the
community in reporting crimes, assistance in
the investigation and trial of cases as witness,
and in the rehabilitation of offenders. It is also
actively involving people in the provision of
services which enhance the administration of
justice, whether as beneficiary, problem
identifier, planner, implementer and evaluate of
programs affecting them.
 Community-based Crime
Prevention Program

During the 1995 and 1997 National Summt on

Peace and Order, Criminal Justice practitioners
have voiced out common concerns to fight crime
in the community. The outputs of the 1976
National Strategy to Reduce Crime have been re-
identified and reechoed as effective community
based-crime prevention activities which having
the greatest potential for reducing crime and
thereof, in improving the quality of life of the
people. These community-based crime prevention
strategies are:
Reinforcing the hone and family life;
Educational improvement;
Health improvement;
Involvement of religion;
Involvement of mass media;
Involvement of other community group
services;
Citizen’s involvement as a whole; and
Coordination of community crime
prevention activities.
The foregoing reveals the pivotal role of key
sectors in the community in the
achievement of these end-goals. These are
the home, the school, the church, mass
media, the barangay, community service
organizations, and the non-government
organization (NGOs) and people’s
organization (POs).
 Institutions have the greatest potential for reducing
crime and improving the quality of life:
• The Home – has well been called “the cradle of human
personality,” for in the child forms fundamental attitudes
and habits that endure throughout his life.

• Parental Discipline – is commonly thought of as a means

of development and maintenance of good behavior and
conduct in accordance with the norms of society.

• Is to develop the child’s self-respect, self-control, self-

reliance, self-discipline and not merely the ability and
desire to conform to the accepted norms and standards for
individual and community life in normal society.

• The School – exercises authority over every child who is of

school age.
• The Church – This points out to the faithful their
relationship to God and their fellowmen, and who by
work and example; leads them to live a moral life.

• The Government – It is the duly constituted authority

that enforces the laws of the land and as such it is most
powerful institution as far as control of the people is
concerned.

• Mass Media and Radio Broadcasting – have been and

are considered the best instruments for information
dissemination and the best source of knowledge for the
public. In effect, mass media and radio stations can play
a vital role in the prevention and control of crime.
Moral Recovery Programs and
the CJS
Moral recovery enhances the values of
discipline, justice, integrity and morality not
only of key plates in the CJS but the general
public as well. Significant is the concept of
people empowerment in promoting
community’s awareness and support to
activities in the administration of criminal
justice and in prevention of crime.
 Community Representation in
PLEB
Pursuant to Section 43, RA 6975, the PLEB was
created to decide citizen’s complaints or cases
filed against erring officer and members of the
PNP. Three respected members of the
community who are known for their probity and
integrity shall be chosen by the peace and order
council as PLEB members, in addition to ay
member of the local council and any barangay
chairman of the city or municipality.
 Community Participation in
Crime Prevention Activities
1. Active participation in the Barangay Crime
Prevention Council (BCPC), Barangay Peace
and Order Council(BPOC), Barangay Anti-Drug
Abuse Council(BADAC).
2. Active participation on NGO’s in the training
of Lupon members in the Katarungang
Pambarangay pursuant to PD 1508 and RA
7160.
3. Active involvement for mobilization in the
Barangay Disaster Preparedness Program
4. Advocacy efforts for the protection of youth:
and children against all forms of negativism in
society, e.g. crime, drugs, delinquency, child
abuse and exploitation;
5. Advocacy and support to the Witness
Protection, Security and Benefit Programs;
6. Advocacy and support to Bantay Bata
Hotline Project and support to
implementation of Special Protection Act for
Children.
7. Active INVOLVEMENT IN THE
PROMOTION OF Crime Watch, Drug Watch
and Street Watch in their locality;
8. Strong partnership with the local police to
enhance police-community relations in the
fights against drugs and crimes.
 Factors hampering the
Community Involvement in the
CJS
There are five major problems/constraints
which reduce the capacity of the community
as a potent force in combating crime,
namely:
1. Ignorance or lack of information on the part of the
public;
2. Lack of effective networking and coordination between
the community and other pillars of the Criminal Justice
System between various community
agencies/organization;
3. Lack of strong and dynamic
leadership;
4. Public apathy and indifference;
and
5. Financial Constraints
 What can members of the
community do to help in the
CJS?
If you are witness to the commission of
a crime, help in the prosecution of the
case. Organize visits to correctional
institution. This is one way of instilling
social awareness on the part of the
public. This could also be an instrument
whereby the public can extend material
and moral support to the convicts and
inspire rehabilitation.
1. Help in the assimilitation of released
prisoners in the community to enable them to
be reintegrated into the mainstream of
society.
2. Organize anti-crime groups.
3. Report crime, suspicious strangers or events
to your barangay or police.
 What are the Government
Agencies in partnership with
Mobilized Community?
Several government agencies are involve
in mobilizing the community which to
foster better linkage for purposes of
helping the processes in the CJS such as:
1. Department of Interior and Local Government
2. Department of Social Welfare and Development
THANK YOU SO MUCH