Course Code: CA3

Course Title: Therapeutic Modalities

Course Description: This course covers the different therapeutic modalities, treatment models, treatment
programs, and policy or program intervention for both in Institutional and non-institutional corrections.
The forging of partnerships, involvement and engagement of Government Agencies,
Religious Sector, Private Foundations, Institutions and Non-Governmental Organizations Focused on the
Detainee’s/Inmate’s/Person Deprived Liberty’s total welfare and well-being. (CMO No. 05 series of 2018).

Course Outcomes:

At the end of the course, your students must be able to:

1. Describe and demonstrate the history and personalities behind Corrections.

2. Remember the role of the 4th pillar of the Philippine Criminal Justice System.
3. Demonstrate competence and broad understanding of community-based treatment
program as correctional administration and for public safety, and criminal justice.
4. Apply the Principles and Jurisprudence on different community correctional-related laws.
5. Engage in lifelong learning and understanding of community-based treatment program as a field
criminology and criminal justice.
6. Apply professional, social, and ethical standards in handling offenders released through community-
treatment program as a field of criminology and criminal justice.
7. Collaborate the different therapeutic modalities effectively and independently to all types of person deprived
of liberty.

Course Content:
As explained above, Course code introduces students the concept, theories, principles and practice, discusses
the functions to come up interventions addressing problems. The table below shows the outline of the topics to
be discussed in the lecture per week vis-à-vis the course outcomes. It is designed based on the course syllabus
approved by the college Dean in the College of Arts and Sciences.

Module 1
Module Title: INSTITUTIONAL CORRECTIONS

Module Description: This module focuses on the Institutional and Non-Institutional based corrections its brief
history and etiology.

Purpose of the Module:

This module lets the students learn to guide them and follow which would help our criminal justice and
criminology students to achieve their aim of becoming better practitioners and learners.

Module Guide:
The delivery of this module is purely online, discussions will be done through the google meet and /or zoom
app while assignments, quizzes and other activities will be done on the google classroom.

Module Outcomes:
Upon completion of this module, students are expected to have the following competencies:
Gain overview of the history and personalities behind Corrections.
Understand the meaning and concept of institutional and non-institutional based corrections

Module Requirements:
At the end of this module, the students will come up a quiz, pre-test and chapter post-test.

Module Pretest:
1. What is the Concept of Institutional and Non-Institutional based Correction?
2. What is the primary purpose of CORRECTION?
Key Terms:
Correctional Administration
Institutional and Non-Institutional Corrections
Penology
Inmate
Prison
Detainee

Learning Plan
Lesson No: 1
Lesson Title: INSTITUTIONAL CORRECTIONS

Let’s Hit These:

At the end of this lesson, students should be able to:
Know the difference between Institutional and Non-institutional based corrections
Know the importance and purpose of correction.
Understand the history of Bureau of Corrections.

Let’s Get Started:

What do you mean by Institutional-based Corrections? What comes to your mind when you heard it? Think of
at least three words.

Let’s Find Out:

Institutional-based corrections refers to those persons housed in secure correctional facilities, offenders are
being supervised in an institution (jails and prisons) and not to harm other people while non-institutional
corrections refer to that method of correcting sentenced offenders without having to go to prison.
The subject Correctional Administration should be discussed to the students comprehensively for this will
serves as the foundation in pursuing their dreams to become part of the Law enforcement organization in the
future.
After this course, the students should acquire the expected competencies like identifying the concept of
institutional and non-institutional based corrections.

Let’s Remember:
That the concept of punishment is the infliction of some sort of pain on the offender for violating the law. In
the legal sense, it is more individual redress or personal revenge.
The contemporary forms of punishment: Imprisonment, Parole, Probation.
The Justifications for punishment: Retribution, Deterrence, Expiation or atonement, Reformation and
Protection.
The importance of the study of Corrections is to represent a hope that the people they deal with can learn from
their mistakes and can ultimately return to the society and can still reform themselves as a law abiding
productive citizen. The history of corrections is full of various interpretations of the purposes of removing
criminals from the society.
Section 1, Article III of the 1987 Constitution is the main provision in prescribing limitations for punishment.
“No person shall be deprived of life, liberty, or property without due process of law, nor shall be denied the
equal protection of laws.”
Considering that by imposition of punishment, a person may be deprived of life, liberty or property, the

Constitution requires the observance of two Constitutional guarantees:

1.Due process of law.
Equal Protection of the Laws.
The study and practice of systematic management of jails and prison and other institution charged with
rehabilitation of criminal (Correctional Administration).
Branch of criminology which study punishment for crime or criminal offenders. “Poena” means pain or
sufferings (Penology).
Refers to the means of correcting an individual by placing him in a prison/jail for his treatment until he is
ready for his reintegration into the community (Institutional Corrections).
A facility or a place of confinement for those who are sentenced with a penalty for a term not exceeding six (6)
month imprisonment (Municipal Jail).
Facility or a place of confinement for inmates who are sentenced with imprisonment from six (6) months and
(1) one to three (3) year imprisonment (Provincial Jail).
He wrote an essay entitled “An Essay on Crimes and Punishment”. This book became famous as the theoretical
basis for the great reforms in the field of criminal law. This book also provided a starting point for the classical
school of criminal law and criminology (Cesare Marchese di Beccaria Bonesana).
The greatest leader in the reform of English Criminal Law. He believes that whatever punishment designed to
negate whatever pleasure or gain the criminal derives from crime, the crime rate would go down. He designed
the ultimate Panopticon Prison – a prison that consists of a large circular building containing multi cells around
the periphery but it was never built (Jeremy Bentham).
He believed that harsh punishment would undermine morality and that appealing to moral sentiments as a
better means of preventing crime (Charles Montesquieu)
He believes that fear of shame was a deterrent to crime. He fought the legality-sanctioned practice of torture
(Voltaire).
He is the first leader to prescribe imprisonment as correctional treatment for major offenders. He is also
responsible for the abolition of death penalty and torture as a form of punishment (William Penn).

EARLY CONCEPT OF PUNISHMENT

Retribution – personal vengeance
Expiation – “atonement” group vengeance
Deterrence – serve as warning to future violator
Protection – for securing the society
Reformation – change of behavior for helping them to reintegrate back in the community.

The Mandates of the Bureau of Corrections

The BUCOR shall be in charge of safekeeping and instituting reformation programs to

national inmates sentenced to more than three (3) years.

(a) Safekeeping of National Inmates – The safekeeping of inmates shall include decent
provision of quarters, food, water and clothing in compliance with established United Nations
standards. The security of the inmates shall be undertaken by the Custodial Force consisting
of Corrections Officers with a ranking system and salary grades similar to its counterpart in
the BJMP.

(b) Reformation of National Inmates – The reformation programs, which will be instituted
by the BUCOR for the inmates, shall be the following:

(1) Moral and Spiritual Program;

(2) Education and Training Program;
(3) Work and Livelihood Program;
(4) Sports and Recreation Program;
(5) Health and Welfare Program; and
(6) Behavior Modification Program, to include Therapeutic Community.

(c) The reformation programs shall be undertaken by Professional Reformation Personnel

consisting of Corrections Technical Officers with ranking system and salary grades similar to
Corrections Officers.

Corrections Technical Officers are personnel employed in the implementation of

reformation programs and those personnel whose nature of work requires proximate or direct
contact with inmates.
Corrections Technical Officers include priests, evangelists, pastors, teachers, instructors,
professors, vocational placement officers, librarians, guidance counselors, physicians, nurses,
medical technologists, pharmacists, dentists, therapists, psychologists, psychiatrists,
sociologists, social workers, engineers, electricians, agriculturists, veterinarians, lawyers and
similar professional skills relevant to the implementation of inmate reformation programs.

THEORIES JUSTIFYING PENALTIES

Prevention – the state punishes the criminals to suppress/prevent the danger to the state and to
public
Self-defense – to protect society from the threat and wrong inflicted by the criminal
Reformation – the duty of the state to take care and reform the criminal
Exemplarity – the criminal is punished to serve as an example to others
Justice – based on the theory that crime must be punished by the state

JURIDICAL CONDITION OF PENALTY

Penalty – is the suffering inflicted by the state for the violation of law
Personal – the guilty one must be the one to punish
Legal – the consequence must be in accordance with the law and it is the result of judgment
Commensurate – different crimes must be punished with different penalties
Equal – equal to all person
Certain – no one must escape its effect
Correctional – rehabilitate or reforms the attitude of another

Lesson Title: NON-INSTITUTIONAL CORRECTIONS

Board of Pardons and Parole - was created pursuant to Act No. 4103, as amended. It is the
intent of the law to uplift and redeem valuable human material to economic usefulness and to
prevent unnecessary and excessive deprivation of personal liberty.
Functions

1. To grant parole to qualified prisoners;

2. To recommend to the President the grant of pardon and other forms of executive clemency;
3. To authorize the transfer of residence of parolees and pardonees, order their arrest and recommitment, or
grant their final release and discharge.

Basis for Grant of Parole

1. The prisoner is fit to be released;
2. There is a reasonable probability that, if released, he or she will live and remain at liberty without violating
the law; and
3. His or her release will not be incompatible with the welfare of society.

How May Executive Clemency Be Exercised?

1. Reprieve
2. Absolute pardon
3. Conditional pardon
4. Commutation of sentence.

Prisoners who escaped or evaded service of sentence are not eligible for executive clemency for a period of one
(1) year from the date of their last recommitment to prison or conviction for evasion of service of sentence.

Bureau of Correction - Where the penalty imposed exceeds three years, the offender shall serve his or her
sentence in the penal institutions of the BuCor.

Carpeta - refers to the institutional record of an inmate which consists of his mittimus or commitment order
issued by the Court after conviction, the prosecutor's information and the decisions of the trial court and the
appellate court, if any; certificate of non-appeal, certificateof detention and other pertinent documents of the
case.

District Jail - is a cluster of small jails, each having a monthly average population of ten or less inmates, and is
located in the vicinity of the court.
Jail - is defined as a place of confinement for inmates under investigation or undergoing trial, or serving short-
term sentences.

- Jails include provincial, district, city and municipal jails managed and supervised by the Provincial
Government and the Bureau of Jail Management and Penology (BJMP) respectively, which are both under the
Department of the Interior and Local Government.Municipal and city prisoners are committed to municipal, city
or district jails managed by the BJMP.

Prison - refers to the national prisons or penitentiaries managed and supervised by the Bureau of Corrections, an
agency under the Department of Justice.

- prison refers to the national prisons or penitentiaries managed and supervised by the Bureauof Corrections, an
agency under the Department of Justice.

Provincial Jail - Where the imposable penalty for the crime committed is more than six months and the same
was committed within the municipality, the offender must serve his or her sentence in the provincial jail which
is under the Office of the Governor.

Executive Clemency - refers to Reprieve, Absolute Pardon, Conditional Pardon with or without Parole
Conditions and Commutation of Sentence as may be granted by the President of the Philippines.

Indeterminate Sentence Law

The indeterminate sentence is composed of:

1. a MAXIMUM taken from the penalty imposable under the penal code
2. a MINIMUM taken from the penalty next lower to that fixed in the code.

The law does not apply to certain offenders:

1. Persons convicted of offense punished with death penalty or life imprisonment.
2. Those convicted of treason, conspiracy or proposal to commit treason.
3. Those convicted of misprision of treason, rebellion, sedition or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from confinement or evaded sentence.
7. Those who violated the terms of conditional pardon granted to them by the Chief Executive.
8. Those whose maximum term of imprisonment does not exceed one year.
9. Those who, upon the approval of the law, had been sentenced by final judgment.
10. Those sentenced to the penalty of destierro or suspension.

Purpose of the law: to uplift and redeem valuable human material and prevent unnecessary
and excessive deprivation of liberty and economic usefulness.
- It is necessary to consider the criminal first as an individual, and second as a member of the society.
- The law is intended to favor the defendant, particularly to shorten his term of imprisonment, depending upon
his behavior and his physical, mental and moral record as a prisoner, to be determined by the Board of
Indeterminate Sentence.

The settled practice is to give the accused the benefit of the law even in crimes punishable with death or life
imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion
temporal or less.

ISL does not apply to destierro. ISL is expressly granted to those who are sentenced to imprisonment exceeding
1 year.
Procedure For Determining the Maximum and Minimum Sentence

- It consists of a maximum and a minimum instead of a single fixed penalty.

- Prisoner must serve the minimum before he is eligible for parole.
- The period between the minimum and maximum is indeterminate in the sense that the prisoner may be
exempted from serving said indeterminate period in whole or in part.
- The maximum is determined in any case punishable under the RPC in accordance with the rules and
provisions of said code exactly as if the ISL had never been enacted
- Apply first the effect of privileged mitigating circumstances then consider the effects of aggravating and
ordinary mitigating circumstances.
- The minimum depends upon the court’s discretion with the limitation that it must be within the range of the
penalty next lower in degree to that prescribed by the Code for the offense committed.

- NOTE: A minor who escaped from confinement in the reformatory is entitled to the benefits of the ISL
because his confinement is not considered imprisonment.

Parole – The suspension of the sentence of the convict after serving the minimum term of the intermediate
penalty, without being granted a pardon, prescribing the terms upon which the sentence shall be suspended.
- May be given after the prisoner has served the minimum penalty; is granted by the Board of Pardons and
Parole under the provisions of the Indeterminate Sentence Law.

Disqualification for Parole - The following prisoners shall not be granted parole:

1. Those convicted of an offense punished with Death penalty, Reclusion Perpetua or Life imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason or espionage;
3. Those convicted of misprision of treason, rebellion, sedition or coup d'etat;
4. Those convicted of piracy or mutiny on the high seas or Philippine waters;
5. Those who are habitual delinquents i.e. those who, within a period of ten (10) years from the date of release
from prison or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa and
falsification, are found guilty of any of said crimesa third time or oftener;
6. Those who escaped from confinement or evaded sentence;
7. Those who were granted Conditional Pardon and violated any of the terms thereof;
8. Those whose maximum term of imprisonment does not exceed one (1) year or those with definite sentence;
9. Those suffering from any mental disorder as certified by a government psychiatrist/psychologist;
10.Those whose conviction is on appeal;
11.Those who have pending criminal case/s.

Special Factors - The Board may give special consideration to the recommendation for commutation of
sentence or conditional pardon whenever any of the following circumstances are present

1. Youthful offenders;
2. Prisoners who are sixty (60) years old and above;
3. Physical disability such as when the prisoner is bedridden, a deaf-mute, a leper, a cripple or is blind or similar
disabilities;
4. Serious illness and other life-threatening diseases as certified by a government physician;
5. Those prisoners recommended for the grant of executive clemency by the trial/appellate court as stated in the
decision;
6. Alien prisoners where diplomatic considerations and amity between nations necessitate review;
7. Circumstances which show that his continued imprisonment will be inhuman or will pose a grave danger to
the life of the prisoner or his co-inmates; and,
8. Such other similar or analogous circumstances whenever the interest of justice will be served thereby.

Prison Record - refers to information concerning an inmate's personal circumstances, the offense he
committed, the sentence imposed, the criminal case number in the trial and appellate courts, the date he
commenced serving his sentence, the date he was received for confinement, the place of confinement, the date
of expiration of the sentence, the number of previous convictions if any, and his behavior or conduct while in
prison.

Probation - is a disposition under which an accused, after conviction and sentence is released subject to
conditions imposed by the court and to the supervision of a probation officer.

Progress Report - refers to the report submitted by the Probation and Parole Officer on the conduct of the
parolee/pardonee while under supervision.
Infraction Report - refers to the report submitted by the Probation and Parole Officer on violations committed
by a parolee/pardonee of the conditions of his release on parole or conditional pardon while under supervision.

Summary Report - refers to the final report submitted by the Probation and Parole Officer on his supervision
of a parolee/pardonee as basis for the latter's final release and discharge.

Sentence - in law, is the penalty imposed by the court in a criminal case against a person, known as the
“accused”, who is found guilty of committing the crime charged.

Youth Offender - is defined as a child, minor or youth who is over nine years but under eighteen years of age at
the time of the commission of the offense.

Let’s Do This:
1. Enumerate the early concept of punishment and discuss briefly.
2. Differentiate Institutional and Non-Institutional based Corrections.
3. Discuss the importance of Corrections in the Philippine Criminal Justice System.
4. Discuss what is the difference between Parole, Probation and Pardon.
5. What is the Purpose of Indeterminate Sentence Law

Let’s Check:
1. Early Concept of Punishment:
Retribution – Repayment or revenge to the criminal offender for the crime committed.
Expiation – Redress. The act of making amends or reparation for guilt or wrongdoing
Deterrence – The action of discouraging criminal behavior by fear especially of punishment.
Protection – The act of securing the society from the criminal offenders.
Reformation – Helping the criminal offender change his/her behavior in order to get back in the community.

2. Institutional based corrections refer to those persons housed in secure or in correctional facilities for
treatment and rehabilitation.While Non-Institutional Corrections is a community-based treatment for
criminal offenders after serving the minimum sentenced imprisonment, they will stay in the community subject
to conditions imposed by the government. They are either granted Probation, Parole, Conditional Pardon or
Recognizance.

3. The Philippine Criminal Justice System has 5 Pillars, when we talk about the 4th Pillar which is the
Corrections, it performs an important function in terms of the maintenance of the public safety. The
correction system comprises an integral part of the criminal justice system that focuses on the development of
new policies. The development of effective correction system focuses on the correction of offenders and
prevention of cases of recidivism.

4. In many cases, probation is used prior to or instead of incarceration, which means the offender will simply
spend time on probation right away, rather than going to jail at all. Though they may spend a short
sentence (such as a day or two) in jail, their main punishment will be served through probation. Probation is
given directly by the court, while parole is given by the parole board after an offender has served a
minimum sentence in jail. Parole is often given to individuals who have been on good behavior and are deemed
safe to regenerate into society. The terms involved in parole can be very similar to the terms of
probation. If a person on parole does not follow the specific terms, they could be required to go back to jail or
prison. The point of both parole and probation are to help an offender break and avoid habits that could
lead to future crimes. Pardons are focused on helping individuals clear their names from their alleged crimes,
not just rehabilitate or merge back into society. It is typically granted by higher government powers,
including the president or local governor. These powers must decide whether or not they believe pardoning the
offender will be in the public’s best interests. A pardon will essentially wipe a criminal’s record
clean and cancel any further penalties they are facing, allowing them to immediately rejoin society with no
criminal past.

5. The purpose of the Indeterminate Sentence Law is to uplift and redeem valuable human material and prevent
unnecessary and excessive deprivation of liberty and economic usefulness. It is necessary to
consider the criminal first as an individual, and second as a member of the society. The law is intended to favor
the defendant, particularly to shorten his term of imprisonment, depending upon his behavior and his
physical, mental and moral record as a prisoner, to be determined by the Board of Indeterminate Sentence.The
settled practice is to give the accused the benefit of the law even in crimes punishable with death or
life imprisonment provided the resulting penalty, after considering the attending circumstances, is reclusion
temporal or less.

Module Post Test: I

IDENTIFICATION

1. ______________the body of knowledge regarding crime as a social phenomenon. It

involves within its scopes the making of laws, the breaking of laws and reaction
towards the breaking of laws,
2. ______________refers Facility or a place of confinement for those inmates who are
sentenced with a penalty from (1) one day to three (3) year imprisonment
3. ______________ The study and practice of systematic management of jails and
prison and other institution charged with rehabilitation of criminal
4. ______________is a machinery of the state or government, which enforces the rules
of conduct necessary to protect life and property and to maintain peace and order in
the community.
5. ______________ Refers to the means of correcting an individual by placing him in a
prison/jail for his treatment until he is ready for his reintegration into the community.
6. ______________ Branch of criminology which study punishment for crime or
criminal offenders. “Poena” means pain or sufferings.
7. _______________Facility or a place of confinement for inmates who are sentenced
with imprisonment from six (6) months and (1) one to three (3) year imprisonment.

ESSAY

1. What is the Philippine Criminal Justice System?

2. What is the importance of the Philippine Constitution to the study of the Philippine Criminal
Justice System?
3. Give the Characteristics of Philippine Criminal Justice System.
4. Discuss how the Philippine Criminal Justice System operates.
5. Differentiate adult criminal justice system from juvenile justice system.

ENUMERATION
1. Enumerate the five pillars or components of Philippine Criminal Justice System in its proper
order.

Module 2

Module Title: THE LAW ENFORCEMENT PILLAR

Module Description: This module focuses on the specific functions, duties and responsibilities of the law
enforcement pillar. This includes its objectives, missions and goals in maintaining peace and order in the
community. In this module, the students are expected to gain knowledge on how the law enforcement agencies
act properly and legally in accordance with the constitution and other statutory laws.

Purpose of the Module:

This module lets the students learn the importance of the first pillar of Philippine Criminal Justice System-the
Law enforcement or the Police as the premier law enforcement agency of the government in the administration
of justice. Likewise, this will also help students to identify, understand and apply the legal frameworks and
other statutory laws needed in the conduct of police operations.

Module Guide:
The delivery of this module is purely online, discussions will be done through the
google meet and zoom app while assignments, quizzes and other activities will be done on
the google classroom.

Module Outcomes:
Upon completion of this module, students are expected to have the following competencies:
Demonstrate the functions of the law enforcement in the administration of justice.
Discuss the role of the PNP and other law enforcement agencies in the Criminal justice System.
Demonstrate the proper and legal procedures in making an arrest, conducting search warrant and its methods
and how criminal investigation is being conducted by the police.
Understand how a warrantless arrest or citizen’s arrest conducted and discuss its legal framework.

Module Requirements:
At the end of this module, the students will come up a table tap exercise.

Module Pretest:
1. What is the Role of the Police officer?
2. Can a police officer make an arrest without warrant?
3. What is the importance of the Warrant of Arrest?

Key Terms:
Probable Cause
Due Process of law
Criminal Apprehension
Citizen’s arrest
Warrant of Arrest
Inquest proceeding
Preliminary Investigation

Learning Plan
Lesson No: 2
Lesson Title: The First Pillar- Law Enforcement

Let’s Hit These:

At the end of this lesson, students should be able to:
Define what is due process of law
Compare the functions of the Philippine National Police to other Law enforcement Agencies/Bureaus/Offices
Discuss the role of the first pillar in the administration of Justice
Define what is preliminary investigation and inquest proceeding
Define what is a warrant of arrest and why it is important.
Let’s Get Started:
A. Pre-requisites
Students are required to make Gmail account and shall join in our designated google classroom
Install the zoom app and enable the google meet as these are the app we are going to utilize for the discussions
and other tasked necessary to make this module complete.
Students are required to open their web cameras to pay attention with the discussions and to have interaction.

Let’s Read:
Law Enforcement It is considered as the prime mover of the Criminal Justice System. Law enforcement is a
deterrent and preventive activity.

The Philippine National Police (PNP) is the primary law enforcement agency in the Philippines. It was
established under Republic Act No. 6975 and is empowered by Section 24 to use force in making arrests and
investigation and prevention of crime.

Under the Revised Penal Code and the Philippine National Police Operational Procedures, the PNP must
generally issue a verbal warning before it can use force against the offender. Furthermore, it is only allowed to
use such force as would be necessary and reasonable to overcome resistance put up by the offender; subdue the
clear and imminent danger posed by him; or to justify the force/act under the principles of self-defense or
defense of others.

On the use of firearms, it is only justified if the suspect poses an imminent danger of causing
death or injury to the police officer or other persons. However, self-defense can only be used by officers when
there is a real threat to their life and where the danger sought to be avoided is imminent and real.
It is also specified in the Operational Procedures that when a suspect is violent or threatening, and that less
physical measures have been tried and deemed inappropriate, a more extreme, but non-deadly measure can be
used such as baton/truncheon, pepper spray, stun gun and other non-lethal weapon to bring the suspect under
control, or effect an arrest.

POLICE OVERSIGHT

Law enforcement in the Philippines is subject to the oversight of the National Police Commission, an agency
attached to the Department of Interior and Local Government. The Commission was mandated by the 1987
Constitution, established by the Republic Act No. 4864, and reorganized by Republic Act No. 6975. Its powers
were expanded under Republic Act No. 8551 to include the conduct of pre-charge investigation of police
anomalies and irregularities, and summary dismissal of erring police officers.

There are four types of direct police oversight mechanisms. There is a national human rights body (the
Commission on Human Rights of the Philippines), an anti-corruption agency in the form of the Presidential
Anti-Graft Commission, a national ombudsman programmed, and a specialized police complaints organization,
the People’s Law Enforcement Board (PLEB).

The PLEB, which was created by Royal Act No. 6975, has jurisdiction to hear citizen complaints against the
police. There must be one PLEB covering every municipality and/or district in a city, and a minimum of one
PLEB per 500 city/municipal law enforcement personnel.

Different Police Activities

1. Prevention of crime is intended to prevent root causes of crime.

2. Repression or suppression of crime is done to reduce the opportunity of committing a crime like the act of
conducting patrol.
3. Apprehending offenders is also known as arresting offenders.
4. Conduct search and seizure.
5. Investigation of crime; and
6. Protection of lives and property. In the Philippines, the law enforcement function is spearheaded by the
Philippine National Police (PNP), the Department of the Interior and Local Government (DILG), and the
National Bureau of Investigation (NBI) under the Department of Justice (DOJ).

Broad Goals of the PNP

1. Prevent and control crimes.
2. Maintain peace and order.

Let’s Remember:
The six goals of the PNP; Crime prevention, Arrest or criminal apprehension,criminal investigation, peace and
order maintenance, public service, and traffic regulation and motor accident investigation.
The RA 6975 as amended by RA 8551 and further amended by RA 9708 that mandated the PNP.
That criminal investigation is an art which deals with the identity and location of the offender and provides
evidence of his guilt through criminal proceeding.
That Police discretion is one of the most important powers vested by the law to the Police officer.
That in general rule, police officers cannot make an arrest without warrant.
That warrantless arrest and citizen’s arrest are the exemption to the general rule of making an arrest.
That there are two modes of arrest; by actual restraints of a person to be arrested and by his submission to the
custody of the officer making an arrest.
That the Police officers should always follow the rules of engagement when conducting operations as provided
in the PNP operational manual and should likewise adhere the constitution.
The law enforcement basically the Police as the first pillar of the Philippine Criminal Justice stands as the
forefront and prime mover of the justice system.
The PNP is the primary law enforcement agency in the Philippines. It was established under RA 6975 and is
empowered by section 24 to use force in making arrests and investigation and prevention of crime. Under the
Revised Penal Code and the PNP Operational Procedures, the PNP must generally issue a verbal warning before
it can use force against the offender. Furthermore, it is only allowed to use such force as would necessary and
reasonable to overcome resistance put up by the offender: subdue the clear and imminent danger posed by him
or to justify the force/act under the principles of self-defense or defense of others.
The students should understand the importance of the rights of every citizens as provided in the Bill of Rights
of the 1987 Philippine Constitution, adhere its important provisions necessary in the performance of their duty
and uphold not only the constitution but all the laws that require them to do so.

Law Enforcement – considered as initiators of actions, that the other pillars must act upon to attain its goals
and objectives in the process. Their decisions essentially control and dominate the activities or functions of
other components.

Functions and goals and law enforcement according to Charles D. Hale in his book
entitled “Police Patrol Organizations and Management”, these are:

1. Crime Prevention;
2. Criminal Apprehension;
3. Law Enforcement;
4. Order Maintenance;
5. Public Service;
6. Traffic Regulation and Motor Accident Investigation;
7. To Prevent Criminal Behavior;
8. To Reduce Crime;
9. To Apprehend and Arrest Offenders;
10. To Protect Life and Property; and
11. To Regulate Non-Criminal Conduct.

Arrest – is the taking of a person into custody in order that he may be bound toanswer for the commission of an
offense (Section 1, Rule 113, Rules of Court).

Kinds:
1. Arrest by virtue of a warrant; and
2. Arrest without warrant (Section 5, Rule 113, Rules of Court).

Instances of warrantless arrest:

In Flagrante Delicto
Requisites:
The person to be arrested must commit an overt act indicating that he has just committed, is actually
committing, or is attempting to commit a crime; and
Such overt act is one in the presence of or any overt act indicative of a felonious enterprise
in the presence of and within the view of the arresting officer (People vs. Laguio, G.R. No. 128587, March 16,
2007). Hence, reliable information alone is not sufficient to justify a warrantless arrest.

Hot Pursuit
When an offense has just been committed and he has probable cause to believe based on personal knowledge
of facts and circumstances that the person to be arrested has committed it.

Escapees
When the person to be arrested is a prisoner who has escaped form a penal establishment or place where he is
serving final judgment or is temporarily confined while his case is pending or has escaped while being
transferred from one confinement to another.

Search and Seizure – a search warrant is an order in writing issued in the name of the people of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court.

NOTE: Our Constitution states that a search and seizure must be carried through or with a judicial warrant;
otherwise, such search and seizure becomes “unreasonable” and any evidence obtained therefrom is
inadmissible for any purpose in any proceeding (People vs Nuevas, et al, G.R. No. 170233, February
22, 2007). The constitutional proscription, however, is not absolute but admits of exceptions, namely:

1. Warrantless search incidental to a lawful arrest (Section 12, Rule 126, Rules of Court);
The law requires that there first be arrest before a search can be made, the process cannot be reversed.

2. Search of evidence in “plain view”;

The elements are the following:

Prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit
of their official duties.
The evidence was inadvertently discovered by the police who have the right to be where they are;
The evidence must be immediately apparent; and
“Plain view” justified by mere seizure of evidence without further search.

3. Search of a moving vehicle;

Highly regulated by the government, the vehicle’s inherent mobility reduces expectation of privacy
especially when its transit in public thoroughfares furnishes a highly reasonable suspicion amounting to
probable cause that the occupant committed a criminal activity.

4. Consented warrantless search;

The consent to a search is not to be lightly inferred, but must be shown by clear and convincing evidence. The
question whether consent to a search was in fact voluntary is a question of fact to be determined from the
totality of all the circumstances.

5. Custom search;
6. Stop and frisk; and
Allowable scope: “limited protective search of outer clothing for weapons.” While probable cause is not
required to conduct a “stop and frisk”, it nevertheless holds that mere suspicion or a hunch will not be
validate a “stop and frisk”. A genuine reason must exist, in light of the police officer’s
experience and surrounding conditions, to warrant the belief that the person detained has weapons concealed
about him.

7. Exigent and emergency circumstances.

Note: In addition to the foregoing instances, by virtue of R.A. No. 6235, it authorizes search for prohibited
materials or substances at the airport entrances ( People vs Susan Canton G.R. No. 148825, December 27,
2002).

Persons not subject to arrest:

A senator or member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the congress is in session (Section 11, Article
VI, 1987 Constitution)
NOTE: Under generally accepted principles of international law, sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary, ministers resident, and charge d affaires are immune from the
criminal jurisdiction of the country of their assignment and are therefore immune from arrest.

Let’s Do This:
1. What are the elements of the Investigative process?
2. What is the general rule of the arrest?
3. Is there a definite time in making an arrest?

Let’s Check:
1. Recognition, Collection, Preservation, and Evaluation.
2. In general Rule, Police officer cannot make an arrest without the valid warrant of arrest unless when the
arrest is supported by the elements or instances of warrantless arrest as provided in section 5, rule 113 of the
Rules of Court.
3. There is no definite time in making an arrest, unlike in a search warrant which must be served in daytime
unless specifically allowed by the warrant to be executed day or night. Arrest may be made on any day and at
any tine of the day or night as provided in Section 6, Rule 113 of the Rules of Court.

Suggested Readings:
PNP operational Manual
Article III, Bill of Rights on google
Rules of Court on google

Module Post Test: II

IDENTIFICATION

1. ____________is the taking of a person into custody in order that he may be bound
to answer for the commission of an offense (Section 1, Rule 113, Rules of Court).
2. ____________considered as initiators of actions, that the other pillars must act
upon to attain its goals and objectives in the process. Their decisions essentially
control and dominate the activities or functions of other components.
3. ____________is an art which deals with the identity and location of the offender
and provides evidence of his guilt through criminal proceeding.
4. ____________is one of the most important powers vested by the law to the Police
officer.
5. ____________the exemption to the general rule of making an arrest.

ESSAY

1. Discuss the principle of Police Discretion

2. What are the instances that warrantless arrest is legally allowed?
3. Discuss the two (2) witnesses rule in the conduct of a valid search?
4. In general, what are the roles of the Police/Law enforcer in the Philippines?

ENUMERATION

5. Enumerate functions and goals of the Law Enforcement according to Charles D. Hale.
6. Enumerate the elements or instances of a valid warrantless arrest
 Module 3
Module Title: The Prosecution

Module Description: This module focuses on the specific functions and objectives of the Prosecution as the
second pillar Philippine Criminal Justice System. This includes its mission and vision to fulfill their goals. This
will also tackle how the prosecutor resolves the complaint by writing a resolution which contains findings on
whether or not a criminal offense has been committed and on which, if any, charges should be filed in court.

Purpose of the Module:

This module let the students learn the importance of the three main functions of the prosecution pillar, the
importance of preliminary investigation and the inquest proceeding and the powers and functions of the
National Prosecution Service (NPS), The Public Prosecutor, The Private Prosecutor and the Ombudsman as the
Special Prosecutor.
Module Guide:
The delivery of this module is purely online, discussions will be done through the google
meet and zoom app while assignments, quizzes and other activities will be done on the
google classroom

Module Outcomes:
Upon completion of this module, students are expected to have the following competencies:
Demonstrate the three (3) main functions of the Prosecution Pillar
Discuss the main objective of the Department of Justice
Discuss the importance of Preliminary Investigation and inquest proceeding and their process.
Understand the definition of the probable cause and its importance in prosecuting the offender.

Module Requirements:
At the end of this module, the students will come up a case study analysis and table tap exercise.

Module Pretest:
1. What is the role of the prosecution?
2. What is an inquest proceeding?
3. What is a preliminary investigation?

Key Terms:
Fact-finding investigation
Prosecution
Administrative adjudication
Preliminary Investigation
Inquest proceeding
Information
Complaint
Subscribed
Double Jeopardy
Probable Cause

Learning Plan
Lesson No: 3
Lesson Title: The Prosecution Pillar

Let’s Hit These:

At the end of this lesson, students should be able to:
Define the Prosecution
Compare the different roles of the National Prosecution Service, Public Prosecutor, Private Prosecutor and
The Ombudsman.
Discuss the powers and function of every persecutory body.
Demonstrate the importance of the Prosecution in the administration of Justice.
Let’s Get Started:
Students are required to make Gmail account and shall join in our designated google classroom
Install the zoom app and enable the google meet as these are the app we are going to utilize for the discussions
and other tasked necessary to make this module complete.
As facilitator, I will use my PowerPoint Presentation to be presented during the virtual meeting or classes and
upload the same to the google classroom for students’ reference.
Students are required to open their web cameras to pay attention with the discussions and to have interaction.
The duration of the discussions per week is 3hours.

Let’s Read:
The public prosecutor in the Philippines is actively involved in the investigation of crimes and can commence
an investigation upon receiving a report from a law- enforcement agency or a private party. Coordination
between the prosecutors and the police in principle ensures that the evidence collected stands up to judicial
scrutiny even at the early stages of a case. Courts rely heavily on the evidence submitted by the prosecution
panel, which comprises the work of both the police and prosecutor. The panel is also obliged to ensure that
witnesses appear in court as required, evidence is stored correctly, and that there are no undue delays from the
side of the prosecution that may upset the hearing schedule.

Although the prosecutor has direct control in prosecuting all criminal actions, private prosecutors
are also allowed once they get approval from the Chief State Prosecutor (CSP) or a Regional State Prosecutor
(RSP) (Revised Rules of Criminal Procedure, rule 110, section 5). Once given permission, a private law
practitioner can act either as lead prosecutor or assistant prosecutor. This authority will last until the trial is
completed, unless it is revoked.

Probable cause
Paramount to the prosecutor’s role is to establish at the initial stages that a “probable cause” exists that a crime
has been committed. This requires close coordination with investigating agencies—the Philippine National
Police (PNP), the National Bureau of Investigation, and quasi- judicial bodies empowered to conduct
investigation.

Appeal against prosecutor’s findings

Even though the prosecutor has filed charges in court, a petition for review of the prosecutor’s
findings can still be made. All petitions for review of resolutions must be filed with the RSP concerned, who
shall resolve them with finality in certain cases (Department of Justice [DoJ] Circulars 70 & 70-A, 2000). The
appeals should be made within 15 days from receipt of the resolution. Only one motion for reconsideration is
allowed. Once the resolution is deemed final, charges are then filed in court. As there are no policies or
guidelines to limit the period within which a review of a resolution on appeal should be
completed, this inevitably leads to delays in the filing of charges in court.

Inquest proceedings
Prosecutors have a heavy burden to oversee police investigations in cases involving inquest proceedings (DOJ
Circular 16 on New Rules on Inquest). Each police station or headquarters should in principle also have
designated inquest prosecutors to process inquest procedures with a schedule of assignments for their regular
inquest duties.

National Prosecution Service

Presidential Decree (PD) 1275 of 1978 established the National Prosecution Service under direct supervision of
the secretary of the DOJ. It is empowered to investigate and prosecute all crimes described by the Revised
Penal Code (RPC), investigate administrative cases against its own officers, prepare legal opinions or
queries about violations of the RPC and other laws, and to review appeals to resolutions of cases by prosecutors.

Prosecutors play a major role in seeing that victims of human rights abuses have access to remedies, particularly
under Philippine law. Where they do not perform their role properly, they become a major obstacle, rather than
aid, to redress. Where the government recognizes problems in the prosecution system but fails to make the
necessary reforms, it too is in breach of its obligations and is a threat to human rights. To date, despite many
recommendations from legal professionals and legislators for reform of the NPS, the government has been
negligent in not giving them sufficient attention.

Let’s Remember:
The determination of the legality of the action of the law enforcer and the evaluation of evidence presented
takes place in this pillar-The prosecution.
The three main functions of the prosecutions pillar are the following: to conduct Preliminary Investigation, to
conduct Inquest Proceeding, and to act as the lawyer of the state in criminal prosecution.
That the Department of Justice is mandated to uphold the rule of law and ensure the effective and efficient
administration of justice. It is the Principal law agency and legal counsel of the government.
Preliminary Investigation is an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof
and should be held for trial.
 Probable cause is defined as the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of prosecutor, that the person charged was guilty of
the crime for which he was prosecuted.
Inquest proceedings shall refer to an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody.
 A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.

Prosecution – defined as the proceeding instituted and carried on by course of law, before a competent a
competent tribunal for the purpose of determining the guilt or innocence of a person charged with a crime.

Duties of the Prosecution:

1. To conduct Preliminary Investigation;
2. To make proper recommendation during the inquest of the case referred to them by the police after
investigation of a suspect;
3. To represent the government or state during the prosecution of the case against the accused in
the absence of a private counsel or prosecutor under his supervision and control;
4. To act as a Law Officer of the province or city in the absence of a legal officer and as a Legal Adviser
of all political instrumentalities and the officials; and
5. To investigate administrative cases filed against State Prosecutors including the support staff of the National
Prosecution Service.

National Prosecution Service is under direct supervision and control of the Department of Justice
(DOJ). It is composed of Chief State Prosecutor (Prosecutorial Staff), Regional State Prosecution Offices,
Provincial and City Prosecution Offices.

Preliminary Investigation – it is an inquiry or proceeding to determine whether there is a sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial. The threshold is four (4) years, two (2) months and one (1) day (Criminal
Procedure, Rule 112, Rules of Court). Judges of the Municipal Trial Courts can no longer accept cases for
preliminary investigation by virtue of A.M. No. 05-8-26 SC, effective October 3, 2005.

The following may conduct preliminary investigations:

1. Provincial or City Prosecutors and their assistants;
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law.

Please see Section 3, Rule 112 of the Rules of Court for the procedure on the conduct of the Preliminary
Investigation.
Information – it is defined as an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Inquest – it is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody and
correspondingly be charged in court (Section 7, Rule 112, Rules of Court). In relation to this, please see Article
125 of the Revised Penal Code.

Bail – is the security given for the release of a person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any court. Bail may be given in the form of corporate surety,
property bond, cash deposit or recognizance (Rule 114, Rules of Court).
Office of the Ombudsman – the prosecutory arm of the government against erring government officials who
committed graft and corrupt practices (Sections 5-13, Article XI, 1987 Constitution).

Let’s Do This:
1. What is a complaint?
2. What are the three main functions of the prosecution pillar?
3. Define Probable cause.
4. Define Preliminary investigation?
5. What is an Inquest proceeding?

Let’s Check:
1. A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party,
any peace officer, or other public officer charged with the enforcement of the law violated.
2. The three main functions of the prosecutions pillar are the following: to conduct Preliminary Investigation, to
conduct Inquest Proceeding, and to act as the lawyer of the state in criminal prosecution.

3. Probable cause is defined as the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of prosecutor, that the person charged was guilty of
the crime for which he was prosecuted.

4. Preliminary Investigation is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof
and should be held for trial.

5. Inquest proceedings shall refer to an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody.

Suggested Readings:
Role of the Prosecution by Menrado Valle-Corpuz

Module Post Test: III

IDENTIFICATION
1. _____________Who determines the legality of the arrest?
2. ____________The determination of the legality of the action of the law enforcer and the evaluation of
evidence presented takes place in this pillar
3. ____________is defined as the existence of such facts and circumstances as would excite the belief, in a
reasonable mind, acting on the facts within the knowledge of prosecutor, that the person charged was guilty of
the crime for which he was prosecuted.
4. ____________is mandated to uphold the rule of law and ensure the effective and efficient administration of
justice. It is the Principal law agency and legal counsel of the government.
5. ____________is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held
for trial.
6. ____________is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated.
7. ____________shall refer to an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said persons should remain under custody.
8. _____________defined as the proceeding instituted and carried on by course of law, before a competent a
competent tribunal for the purpose of determining the guilt or innocence of a person charged with a crime
9. ____________the prosecutory arm of the government against erring government officials who
committed graft and corrupt practices (Sections 5-13, Article XI, 1987 Constitution).
10. ____________it is defined as an accusation in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court

ESSAY
1. Why there is a need to have a Preliminary Investigation?
2. What is the importance of the inquest proceeding?
3. What is a probable cause?
4. What is the role of the prosecution?

ENUMERATION
1. Enumerate the 5 duties of the PROSECUTION

Module 4
Module Title: Third Pillar-The Court

Module Description: This module focuses on the importance of the Court as one of the pillars of the Philippine
Criminal Justice System. This includes its objective, mission and vision of the Court needed in the
administration of justice. It also tackles the powers and functions of the court and its organization that is very
important for the criminology students-future law enforcers to better understand their concept.

Purpose of the Module:

This module let the students learn the importance of and functions of the court, its power and role in the
administration of justice. It also helps students to better understand the legal process in convicting the criminals
and their remedy if any and what mandated the court to do their duty.

Module Guide:
The delivery of this module is purely online, discussions will be done through the google meet and zoom app
while assignments, quizzes and other activities will be done on the google classroom.

Module Outcomes:
Upon completion of this module, students are expected to have the following competencies:
Understand the Role of the Court in the administration of justice.
Discuss the Judicial Power.
Understand its functions, power, and discretionary decision
Discuss the different judicial court in the Philippines and their specific functions, duties, and responsibilities.
Discuss the stages of criminal proceedings

Module Requirements:
At the end of this module, the students will come up a case study analysis and table tap exercise.

Module Pretest:
1. What is a Court?
2. What is the role of the Court in the administration of justice?
3. What is the power vested in court?

Key Terms:
Judicial power
Criminal Jurisdiction
Territorial jurisdiction
Venue
Appeal
Bail
Arraignment
Plea bargaining
Reconsideration
Promulgation of judgement

Learning Plan
Lesson No: 4
Lesson Title: The Third Pillar of CJS- THE COURT

Let’s Hit These:

At the end of this lesson, students should be able to:
Define what is a judicial power
Define what is criminal jurisdiction
Discuss the Role and Powers of the Court
Demonstrate the Court Organization
Discuss the importance of the Court in the administration of Justice.
Let’s Get Started:
Students are required to make Gmail account and shall join in our designated google classroom
Install the zoom app and enable the google meet as these are the app we are going to utilize for the discussions
and other tasked necessary to make this module complete.
As facilitator, I will use my PowerPoint Presentation to be presented during the virtual meeting or classes and
upload the same to the google classroom for students’ reference.
Students are required to open their web cameras to pay attention with the discussions and to have interaction.
The duration of the discussions per week is 3hours.

Let’s Read:
The court plays a dual role in the Philippine Criminal Justice System – as participants and supervisor of the
latter’s process and dissention. In its role as participants, the court determines for the guilt or
innocence of the accused.
The courts are responsible for the trial process. As supervisor, the court acts as important guardian of
human rights.
The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction
(cases are directly filed with the SC in the first instance without passing through any of the lower courts) over
cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs of
amparo, habeas data and the environmental writ of kalikasan. It exercises appellate jurisdiction to review,
revise, reverse, modify, or affirm final judgments, and orders of the lower courts in:

a. All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in
question
b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation
thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
The Supreme Court has administrative supervision over all courts and court personnel.
(Article VIII, §6) It exercises this power through the Office of the Court Administrator.

COMPOSITION OF THE SUPREME COURT

The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or,
in its discretion, in divisions of three, five, or seven members. (Art. VIII, §4) Its members shall be appointed by
the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy,
without need of confirmation by the Commission on Appointments. (Art. VIII, §9) Members of the
Supreme Court are required to have proven competence, integrity, probity and independence; they
must be natural-born citizens of the Philippines, at least forty years old, with at least fifteen years of
experience as a judge of a lower court or law practice in the country. (Art. VIII, §7) Justices shall hold office
during good behavior until they reach the age of seventy years, or become incapacitated to discharge the duties
of office. (Art. VIII, §11)

THE RULE-MAKING BODY

The Supreme Court has the exclusive power to 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 integrated bar, and legal assistance to the underprivileged. Any such rules shall provide a simplified
and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless disapproved by the Supreme Court. (Art. VIII, §54(5))

THE COURT OF APPEAL

The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No. 3 and is
considered as the second highest tribunal in the country. It is composed of one presiding justice and 68 associate
justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar
Council. The associate justices shall have precedence according to the dates (or order, in case of similar
appointment dates) of their respective appointments. The qualifications for the justices of the Supreme Court
also apply to members of the Court of Appeals.

The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the
original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the
Supreme Court on questions of law. The jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission.

The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform
acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction,
including the power to grant and conduct new trials or proceedings.

THE SANDIGANBAYAN
Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court known as the
Sandiganbayan. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and
such other offenses committed by public officers and employees, including those in government-
owned or controlled corporations, in relation to their office as may be determined by law. The jurisdiction of the
Sandiganbayan is perhaps one of the most often amended provision from the 1973 Constitution to
Republic Act (R.A.) No. 8249. Before R.A. No. 8249, jurisdiction of the Sandiganbayan was determined on
the basis of the penalty imposable on the offense charged. Thereafter, it was amended such that regardless of
the penalty, so long as the offense charged was committed by a public officer, the
Sandiganbayan was vested with jurisdiction. Under R.A. No. 8249, to determine whether the Sandiganbayan
has jurisdiction, a person must look into two (2) criteria, namely, the nature of the offense and the salary grade
of the public official.

THE COURT OF TAX APPEAL

The Court of Tax Appeals (CTA) was created on June 16, 1954, through the enactment of Republic Act No.
1125 (R.A. 1125). Its jurisdiction and composition have been increased with passage of several legislations.
With the enactment of Republic Act (R.A.) No. 9282 on April 23, 2004, the CTA became an appellate Court,
equal in rank to the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1)
Presiding Justice and five (5) Associate Justices. R.A. No. 9503 took effect on July 5, 2008, which
further enlarged the organizational structure of the CTA. The CTA is now composed of one (1) Presiding
Justice and eight (8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each division
consisting of three (3) Justices. A decision of a division of the CTA may be appealed to the CTA En Banc, and
the latter's decision may further be appealed by verified petition for certiorari to the Supreme Court.

THE SECOND LEVEL COURT

Regional Trial Courts are also known as Second Level Courts, which were established among the thirteen
Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There
are as many Regional Trial Courts in each region as the law mandates. RTCs were formerly called as the Court
of First Instance since the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name was
changed from being called the Court of First Instance to Regional Trial Court.

THE FIRST LEVEL COURT

-Each city and municipality in the Philippines has its own trial court. These First Level Courts are more
commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC),
Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are the first level courts
in the Metropolitan Manila area. First level courts in cities outside Metropolitan Manila are referred to as the
MTCCs. The MTCs are first level courts that cover only one municipality, whereas MCTCs cover
multiple municipalities.

THE SHARI”A DISTRICTG AND CIRCUIT COURT

The Shari'a District Courts are equivalent to the Regional Trial Courts in rank, which were established in certain
provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. On the other hand, the
Shari'a Circuit Courts are the counterpart of the Municipal Circuit Trial Courts established in certain
municipalities in Mindanao.

Let’s Remember:
Court – is governmental body 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 power (21
CJS, 16)
Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and Joaquin)
Venue – is the site or location where the case is to be tried on the merits.
Bail – is 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 hereinafter specified. Bail
maybe given in the form of corporate surety, property bonds, cash deposit or recognizance (Sec. 1, Rule 114)
Judgment – is the adjudication by the court that accused is guilty or not guilty of the offense charged, and the
imposition of the proper penalty and civil liability provided for by law on the accused (Sec. 1, Rule 120)
The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by
law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.

TERMINOLOGIES
1. Court – is governmental body 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 power (21
CJS, 16)
2. Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and Joaquin)
3. Venue – is the site or location where the case is to be tried on the merits.
4. Bail – is 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 hereinafter specified.
Bail maybe given in the form of corporate surety, property bonds, cash deposit or recognizance (Sec.
1, Rule 114)
5. Judgment – is the adjudication by the court that accused is guilty or not guilty of the offense charged, and
the imposition of the proper penalty and civil liability provided for by law on the accused (Sec. 1, Rule 120)

COURT ORGANIZATION

1. Supreme Court - often referred to as the “court of Last Resort”. It renders final judgment on constitutional
and other important issues and questions of law.
2. Court of Appeals – This court generally exercises appellate jurisdiction over decisions of interior courts
not otherwise falling within the appellate jurisdiction of the Supreme Court.
3. Regional Trial Court – There are Regional Trial Court in various types of the country.
Regional Trial Court exercise exclusive original jurisdiction in civil cases as describe in Sec. 19
Chapter II of the Batas Pambansa 129 (judiciary Reorganization Act of 1980) and in criminal cases not within
the exclusive jurisdiction of any court, tribunal or body, except those falling under of a court renders
unnecessary any very frequent exercises of its powers. The fact that it operates by known rules and with
reasonably predictable results leads those who might otherwise engage in controversy to compose their
differences. (The New Encyclopedia Britannica, Vol.,22, Macropedia, Page 480

DIFFERENT COURTS IN THE PHILIPPINES

1. The Supreme Court – It shall be composed of a Chief Justice and fourteen (14) Associate Justice and
may sit either en banc or its discretion, in division of three, five or seven members. Any
vacancy shall be filled within ninety days from occurrence thereof (Sec. 4, par. (1), Art. VIII, New Philippine
Constitution (1987)
The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Sec. 6, Art.
VIII, ibid) Likewise the Supreme Court an banc shall have the power to discipline judges of lower courts on
order their dismissal by a vote of a majority of the Members who actually took part in the deliberation on the
issues in the case and voted thereon. (Sec. 11, Art. VIII, ibid)

2. Court of Appeals – it shall be composed of a Presiding Justice and fifty Associate Justices who shall
be appointed by the President of the Philippines (Sec. 3, B.P. Blg. 129 as amended by Exec.
Order No. 33)

3. Regional Trial Courts – There are thirteen (13) Regional Trial Courts one for each judicial region.

4. The so called Inferior Courts – There shall be created a Metropolitan Trial Court in each Metropolitan
areas established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal
Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant
to law (Sed. 25, Batasang Pambansa Blg. 129)

5. Sandiganbayan – a Special Court tasked to handle criminal cases involving graft and
corruption and other offenses committed by public officers and employees to connection with the performance
of their function or the so-called service-connected duties. The Sandiganbayan was created under
Presidential Decree No. 1606 pursuant to Section 5, Article XIII of the 1973 Constitution, is a special
court which has jurisdiction over criminal and civil cases involving graft and corrupt practices and other
offences committed by public officers and employees in relation to their offices.
6. Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a
Metropolitan Trial Court is created in each metropolitan area established by law. A Municipal
Circuits Trial Court is established in each area defined as a municipal circuit, comprising of one or more cities
and/or more municipalities. A Municipal Trial Court is created in each of the Municipalities that are not
comprised within a municipal area and a municipal circuit.

The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal
Trial Courts have exclusive original jurisdiction, among others, over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction and all offenses punishable with
imprisonment of not to exceed four (4) years and two (2) months, or a fine of not more than four
thousand pesos (4000) both such fine and imprisonment regardless of other imposable accessory or
other penalties.

7. Shari’a Courts – The Shari’a Courts are equivalent to Regional Trial Courts but are found in some
Provinces in Mindanao where the Muslim Code on Personal Laws is enforced.

ROLE OF THE COURT

1. In its capacity as participant, the court must decide the culpability or innocence of the accused after
careful examinations of the records of the case after its trial on the merit. If the, prosecution
successfully proves the guilt of the accused beyond reasonable doubt. The court has no option but to render a
decision convicting the accused. On the other hand, if the prosecution fails to show the guilt of the accused for
insufficiency of evidence he would be exonerated or acquitted and or release from prison if he is under
detention unless he has another pending case where he fails to post bail for his provisional release.

2. As a supervisor, the court has a noble mission as a protector of human rights. These rights refer “to those
rights which are inherent in our nature and without which we cannot live as human beings” (p. 4 Human Rights
Questions and Answers, United Nations, New York, 1987). The main function of the courts is to
promote justice in order to obtain peace, satisfaction and happiness of the citizenry. Corollary to
this, the judge should exhibit impartially in his decision to the contentment of all litigants.

COURTS FUNCTION
1. Keeping Peace – “The Primary functions of any court system in any nation – to help keep domestic peace
– is so obvious that it is rarely considered or mentioned. If there were no agency to decide impartially and
authoritatively whether a person had committed a crime and if so, what should be done with him, other person
offended by his conduct would take the law into their own hands and proceed to punish him according to their
uncontrolled discretion.
If there were no agency empowered to decide private disputes and authoritatively, self- help, quickly
degenerating to physical violence, would prevail and anarchy would result. Not even a primitive society could
survive under such conditions. As social order would be destroyed. In this most basic sense, courts
constitute an essential element in society’s machinery for keeping peace.

2. Deciding Controversies – in the course of helping to keep the peace, courts are called upon to decide
controversies. If, in a criminal case, the defendant denies committing the acts against him, the court must
choose between his version of the facts and prosecution’s, and if he asserts that his conduct did not constitute a
crime, the court must decide whether his view of the law or the prosecution’s is correct…The issues presented
to, and decided by the court maybe either factual, legal or both.

3. Administrative Role – it would be a mistake, however, to assume that courts spend all of their time
deciding controversies. Many cases brought before them are not contested. They represent potential, rather
than actual, controversies in which the court’s role is more administrative than adjudicatory. The
mere existence, the exclusive and concurrent jurisdiction of the Sandiganbayan

Let’s Do This:
1. What is a judicial power?
2. What are the functions of the court?
3. What is the legal basis of the court exercising judicial power?

Let’s Check:
1. Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which
are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality
of the Government.

2. The functions of the Courts are the following: keeping the peace, Deciding controversies, and
Administrative Role.

3. The legal basis of the court in exercising judicial power is the constitution, specifically Section
1, Article VIII, 1987 Constitution.

Suggested Readings:
Powers and duties of the Court by Chan Robles, Virtual Law library.
Article VIII of the 1987 Philippine Constitution

Module Post Test: IV

IDENTIFICATION
1. ______________The Primary functions of any court system in any nation.
2. ______________a Special Court tasked to handle criminal cases involving graft and
corruption and other offenses committed by public officers and employees to
connection with the performance of their function or the so-called service-connected
duties
3. ______________is 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 hereinafter specified.
4. ______________often referred to as the “court of Last Resort”. It renders final
judgment on constitutional and other important issues and questions of law.
5. ______________is governmental body 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 power (21 CJS, 16)

ESSAY
1. Discuss the concept of Judicial Power.
2. What are the requisites for the valid exercise of criminal jurisdiction?
3. How is criminal jurisdiction determined?
4. Discuss the grounds for new trial or reconsideration?

ENUMERATION
1. What are the requirements before an accused be discharged to be a state witness?
 Module 5
Module Title: The 4th Pillar-The Correction

Module Description: This module focuses on the importance of this 4th pillar-The Correction and its role in the
administration of Justice. This includes its mission and vision to fulfill their mandates. This also helps students
understand the two approaches of Correction, Courts and entities authorized to commit a person to jail, types of
jails, the legal grounds of detaining a person and the general categories of inmates.

Purpose of the Module:

This module let the students learn the importance of the Correction in the administration of justice. Understand
the objective, mission and vision of the Correction to safe keep and to effectively rehabilitate those convicted by
the courts. It is in corrections where the better part, which is the greater duration, of a sentenced person as he
spends the judicially prescribed penalty.

Module Guide:
The delivery of this module is purely online, discussions will be done through the google meet and zoom app
while assignments, quizzes and other activities will be done on the google classroom

Module Outcomes:
Upon completion of this module, students are expected to acquire these competencies:
Demonstrate the functions of the Correctional Pillar
Discuss the concept of institutional correction and non-institutional correction.
Analyze the impact retribution
Discuss the effect of restorative Justice
Analyze the concept of Pardon, Parole and other Executive clemencies.
Module Requirements:
At the end of this module, the students will come up a case study analysis and table tap exercise.

Module Pretest:
1. What do you mean by Correction?
2. What is the purpose of Correction in the Criminal Justice System?
3. What is restorative justice and retribution?

Key Terms:
Restorative Justice
Institutional Correction
Non-Institutional Correction
Retribution
Commitment Order
Lock-up
Ordinary Jail
Workhouses
Police booking sheet
Sentence Prisoner
Detention Prisoner
Quarantine Unit
Probation
Pardon
Parole
Indeterminate Sentence Law
(ISLAW).

Learning Plan
Lesson No: 5
Lesson Title: The Fourth pillar of the CJS

Let’s Hit These:

At the end of this lesson, students should be able to:
Define what is correction?
Discuss the concept of Restorative Justice.
Demonstrate the role of the Correction in the administration of Justice.
Define institutional Correction and Non-Institutional Correction.

Let’s Get Started:

Students are required to make Gmail account and shall join in our designated google classroom
Install the zoom app and enable the google meet as these are the app we are going to utilize for the discussions
and other tasked necessary to make this module complete.
As facilitator, I will use my PowerPoint Presentation to be presented during the virtual meeting or classes and
upload the same to the google classroom for students’ reference.
Students are required to open their web cameras to pay attention with the discussions and to have interaction.
The duration of the discussions per week is 3hours.

Let’s Read:
CORRECTIONS’ ROLE IN NATIONAL DEVELOPMENT

1. Corrections is one of the imperatives, nay, pillars of criminal justice administration. It is tasked to safe keep
and to rehabilitate those convicted by the courts. It is in corrections where the better part, which is the greater
duration, of a sentenced person as he spends the judicially prescribed penalty. It is therefore incumbent for
correctional administration not only to watch over, as in custodial manner, those serving time but to manage the
potential manpower it can offer through the requirements of social concerns.
2. Corrections is not only a field where inmates are controlled under a regime of discipline. It is not also a
ground to dominate those who trespassed the laws. It is a period when the so called law-breakers, or the
offenders are required to settle up their social transgression to society.

3. To settle up does not imply that they should be confined for an idle period prescribed by the courts, to while
away time, to squander or fritter away a cycle. It should be devoted if not dedicated towards meeting the
requirements of social progress.

4. We have a growing demand to expand educational programs and therefore the need for infrastructure. School
buildings must be constructed and it goes without saying the multiplication of classrooms. Chairs and student
desks are therefore the basic furnishings needed. Prisoners, like those in Australia and Hong Kong correctional
establishments, may be harnessed for carpentry works.

5. DENR’s aggressive posture in guarding the forests at times (or oftentimes) given us reportson confiscated
logs. These materials are significant not only as evidences idly stocked to rot, but should be brought to prisons
for carpentry works and the produce distributed to schools for student use. No extra ordinary contracts for
furniture, no graft. No extra ordinary safekeeping of confiscated logs, no pilferage.

6. The Bureau of Corrections must enter into an agreement with TESDA for skills development courses. Under
this set up, Inmates may be classified according to skills program. Inmates trained in carpentry can produce
furniture. Government offices, like those in Australia, need not procure their furniture elsewhere but in prison.
Traffic agencies, like those in Hong Kong, need not haggle any contract for its traffic and related street signs. It
can be done by inmates trained in graphic arts. Inmates trained in dressmaking can supply government uniforms
for women workers. Inmates trained in tailoring can make available uniforms for the police and military, the
same can be said for the provision of shoes by inmates taught on shoe making. So on and so forth.

7. The prison camp may be organized into a quasi factory where goods may be manufactured, packed
(repacked), assembled or prepared. Penal farms may also be systematized so that agro products can be planned
for mass production. All these are geared to create revenues for the prison community, for an additional, if not
self sustaining, subsistence of prisoners, and reduce the burden of seeking prison appropriation from
government funds, which can be diverted instead to education and health of the citizenry in the free community.

8. In other countries, corrective service is a planned activity undertaken by both government and private
corporate organizations. Government appropriation is therefore cut in half because the other half and more are
provided for by the private sector. Government gains an advantage in terms of savings, while the private sector
achieves a measure of cost benefit from the use of prison facilities, security and manpower.

9. Corrections on local level may also be privatized like those in some states in USA and in Canada. This would
reduce markedly graft and corruption and could even introduce savings and efficiency, not to mention the fact
that rehabilitation can be fulfilled through the initiativeof the volunteer and church sector.

10. As it were, corrections sits at the middle of the cross road anticipating events whether to be relevant to the
efforts of government to compliment its efforts towards progress, or to just while away time, imposing control
and staying on the sideline, securing the perimeter fence and reacting on any violent expression of an idle prison
community.

11. Corrections entered the jargon of criminal justice (in 1986, replacing the name of the Bureau of Prisons into
Bureau of Corrections under the 1987 Administrative Code) when it was used as nomenclature of an agency
dealing with prisons and prisoners. But Corrections per se is not about prisons and prisoners only. Corrections,
aside from institutional (prisons/jails), is also about non-institutional services (parole and probation). The
Bureau of Corrections as provided for in the 1987 Administrative Code deals only with national
prisoners. Other forms of corrective services were scattered. Probation and Parole Administration is a line
agency of the Department of Justice (like the Bureau of Corrections);City, Municipal and District jails are under
the Bureau of Jail Management and Penology—an agency supervised by the Department of Interior and Local
Government; provincial jails are under the provincial government; children in conflict with the law are managed
by the Department of Social Services and Development; etc. Corrections, as applied in the Philippine setting, is
not the same corrections as practiced in other countries.
12. What is even glaring is the fact that for almost two decades, there were no laws passed pertaining
corrections. Most if not all laws where penalties are prescribed, indicated the imposition of imprisonment—
even in such instances where there are victimless crimes. That effectively bloated prison population.
Corrections never had the chance to be applied according to its precepts since the mode of correctional
administration was more on incarceration rather than rehabilitation. Worst, rehabilitation has never even been
defined at all. While corrective service is supposed to be directed towards an open institution approach,
what is obtaining in reality is that corrective facilities are moving towards the direction of a closed institution.

13. There are number of laws that can be proposed to situate corrections within the parameter of national
importance. A Corrections Act may be recommended to integrate institutional and non institutional corrective
service under a single department or commission. (Under this proposed bill, there will be a commissioner for
each approach and the department or commission headed by a chairman. Privatization of local jails may also be
included as an option.) Alternative to imprisonment may also be explored and community service may as
well be its other penal expression. (This is an ideal penal approach for female offenders and those convicted of
committing victimless crimes.) Work furlough may also be introduced as it has been one of the most effective
penal approaches in other countries. Compulsory work may also be put forward as a means to generate revenues
to sustain victim indemnity. (Under this concept, inmates enrolled in work activities are compensated and part
of their income goes to national coffer for social remuneration.)

14. Some penal laws need amendments and revisions. The Bureau of Corrections has been incorporated as the
new name of the Bureau of Corrections (under the 1987 Administrative Code), and yet the entire provision that
animates the bureau is still unchanged. It is still based on the Prison Law of 1917. If at all there were revisions
made, it was not according to the standard of treatment as enunciated by UN but mostly organizational. All jails,
while it was still administratively under the Bureau of Prisons pursuant to the Prison law of 1917, have
been transferred to a newly established Department (DILG). The same can be said about provincial jails. As a
consequence, every corrective unit manifests its own corrective rules and regulation. Corrections for quite a
time as a penal policy became as fragmented as ever.

15. Rules on parole, probation and other penal reliefs may also be looked into and studied carefully. These are
significant basis for the national leadership in the grant of executive clemency. Inmates who have adjusted well
and have contributed through discipline in matters pertaining penal production and maintenance should be given
the necessary Presidential mercy and compassion in addition to the traditional basis of granting relief as a
matter of political accommodation or expedience.

16. Unless these are undertaken, and more, corrections remain a figment, a criminal justice illusion, a fantasy
recreated, and an expensive exercise in a overstretched governance.

Let’s Remember:
Correction is that branch of the administration of criminal justice charged with the responsibility for the
custody, supervision, and rehabilitation of the convicted persons.
There are two approaches of correction; the institutional correction which rehabilitation or correctional
programs take place inside the correctional facilities or institutions such as national penitentiaries and jails, and
Non-institutional Correction which rehabilitation or correctional programs take place within the community.
This is otherwise referring to as community-based correction.
The Mandate of the bureau of Correction are the following: Safekeeping, reformation of the offenders and
Restorative justice.
Commitment order is a written order of the court or any competent authority consigning an offender to a jail or
prison for confinement.
There are three types of Jails: the lock-up, ordinary jail and workhouses.
The legal grounds for detaining a person are commission of a crime and Violently insanity or any other ailment
requiring compulsory confinement in hospital.
The general categories of inmates are Sentence Prisoner and Detention Prisoner.
Courts and entities authorized to commit a person to jail; Supreme Court, Courts of appeals, Reginal trial
Court, Metropolitan/Municipal Trial Court, Municipal Circuit Trial Court, Board of Transportation, Deportation
Board, Commission on Election, National Prosecution Service, and all other administrative bodies as may be
authorized by law.
CORRECTIONS
-is the branch of criminal justice charged with the responsibility for the custody, supervision and rehabilitation
of the convicted persons.

Two approaches of correction:

1.Institutional correction
2.Non-institutional correction

Agencies of the Gov’t charged with correctional responsibility

1.Bureau of Correction (BuCor)
2.Bureau of Jail Management and Penology (BJMP)
3.Board of Pardons and Parole (BPP)
4.Parole and Probation Administration (PPA)
5.Provincial and Sub-provincial Jails
6.Department of Social Welfare and Development

Bureau of Correction (BuCor)

Mandates (Sec. 4 RA 10575 approved last May 24, 2013)
Safekeeping of National Inmates
Reformation of National Inmates

Reformation of BuCor (sec. 4b of RA 10575)

1.Moral and spiritual program
2.Education and Training Program
3.Work and Livelihood Program
4. Spots and Recreation Program
5. Health and Welfare Program
6. Behavior modification Program to include Therapeutic Community

Corrections – a branch of administrative of criminal justice charged with the responsibility for the custody,
supervision, and rehabilitation, of the convicted offender.

Institutional Corrections.
Penology – a branch of criminology that deals with management and administration of inmates.

Some of the Society’s common response to crime:

1. Retribution;
2. Deterrence;
3. Incapacitation;
4. Rehabilitation; and
5. Reintegration.

The word “prison” is said to have been derived from the Greco-Roman word
“Presidio”. Pre means before and Sidio means inside.
The word “jail” is said to have been derived from the Spanish word “jaulo” which
means cage. Its legal definition: is a building or place of confinement of arrested or
sentenced persons.

Types of Jail:
1. Lock-up jail;
2. Ordinary jail; and
3. Workhouse, Jail Farm of Camp-houses.

Distinctions between Jail and Prison:

1. Jail is under the Department of Interior and Local Government (DILG) through the Bureau of Jail
Management and Penology (BJMP); whereas, prison is under the Department of Justice (DOJ) through the
Bureau of Corrections (BuCor); and
2. In jail, the person detained therein is merely awaiting trial of his case and who cannot afford the amount of
bail imposed, hence there is no yet final judgment rendered by a court; whereas, in prison, the person is
convicted by final judgment and already serving his sentence.

Classification of Prisoners (P.D. No. 29)

1. Insular/National Prisoner (three (3) years and one (1) day to death);
2. City/Provincial Prisoner (less than three (3) years but more than six (6) months); and
3. Municipal Prisoner (not more than six (6) months).

Classification – refers to the assigning or grouping of inmates according to their sentence, age, nationality,
health, criminal records, etc.

Classification of prisoners according to the degree of custody:

1. Maximum security;
2. Medium security; and
3. Minimum security.

The seven (7) operating correctional facilities in the Philippines:

1. Bilibid Prison;
2. San Ramon Prison and Penal Farm;
3. Iwahig Prison and Penal Farm;
4. Correctional Institution for Women;
5. Sablayan Prison and Penal Farm;
6. Davao Prison and Penal Farm; and
7. Leyte Regional Prison.

I. Non-Institutional Corrections.
1. Good Conduct Time Allowance – the good conduct of a prisoner in a penal institution shall
entitle him the deductions from the period of his sentence (Article 97, Revised Penal Code):
a. First two (2) years – five (5) days each month;
b. From his third year to fifth year – eight (8) days each month;
c. From his sixth year to tenth year – ten (10) days each month; and
d. From eleventh year onwards – fifteen (15) days each month.

2. Commutation of Sentence – an executive clemency changing a heavier sentence to a less serious one or a
longer term to a shorter term;

3. Parole – is a method by which a prisoner who has served a portion pf his sentence is conditionally released
but remains in legal custody, the condition being that in case of misbehavior, he shall be imprisoned;

4. Reprieve is the postponement of the execution of a death sentence to a certain date;

5. Amnesty – is an act of grace, which relieves the offender not only from suffering the penalty but
obliterates the effects of the conviction as if the act committed was not criminal in nature (Boado, Revised Penal
Code);

6. Pardon – has been defined as the executive clemency which exempts the individual on whom it is bestowed
from the punishment for a crime he has committed; Distinctions between pardon and amnesty: pardon is granted
to one after conviction; while amnesty is granted to classes of persons or communities who may
be guilty of political offenses, generally before or after the institution of the criminal prosecution and
sometimes after convictions. Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been convicted, it abolishes or forgives the punishment; whereas,
amnesty looks backward and abolishes and puts into oblivion the offense itself (People vs Casido, March 1997,
80 SCAD).

7. Probation (P.D. No. 968) – is a disposition under which the defendant, after conviction and sentence, is
released subject to the conditions imposed by the court and to the supervision of a probation officer.

Who are disqualified from availing the benefits of probation?

a. Those who are sentenced to served a maximum imprisonment of more than six (6) years;
b. Those convicted of subversion or any crime against the national security or public order;
c. Those who have been previously convicted of an offense punished by imprisonment of not less than one
month and one day and/or fine of not less than two hundred pesos;
d. Those who have been once on probation; and
e. Those who are already serving their sentence when the Probation Law became effective.

Let’s Do This:
1. What is Correction?
2. What is Restorative justice?
3. What is an Institutional Correction?
4. What is the concept of Non-Institutional Correction?

Let’s Check:
1. Correction is that branch of the administration of criminal justice charged with the responsibility for the
custody, supervision, and rehabilitation of the convicted persons.
2. Restorative Justice is a process through which remorseful offenders accept responsibility for their
misconduct, particularly to their victims and to the community.
3. Institutional Correction is an approach wherein the rehabilitation or correctional programs take place inside
the correctional facilities or institutions such as national penitentiaries and jails.
4. The concept of Non-Institutional Correction is community-based correction where one convicted offender
serves his/her sentence within the community without the need of going inside the prison.

Suggested Readings:
RA 6975 as amended by RA 9263
Introduction To Philippine Criminal Justice System by Brian Guerrero and Gerry Cano.

Module Post Test: V

IDENTIFICATION
1. _______________is that branch of the administration of criminal justice charged
with the responsibility for the custody, supervision, and rehabilitation of the
convicted persons.
2. _______________is an approach wherein the rehabilitation or correctional
programs take place inside the correctional facilities or institutions such as
national penitentiaries and jails.
3. _______________is a process through which remorseful offenders accept
responsibility for their misconduct, particularly to their victims and to the
community.
4. _______________has been defined as the executive clemency which exempts the
individual on whom it is bestowed from the punishment for a crime, he has committed;
5. _______________an executive clemency changing a heavier sentence to a less
serious one or a longer term to a shorter term

ESSAY
1. Can a President grant pardon to those persons convicted of a crime against public order
without the favorable recommendation from the Secretary of Department of Interior
and Local Government? Justify your answer.
2. Discuss why pardon may be considered as the most abuse power of the President?
3. Provide the distinction between Institutional Correction and Non-Institutional
Correction.

ENUMERATION
4. Enumerate those offenders who are disqualified for probation.
5. What are the minimum requirements for a convict to be eligible for the grant of
Presidential Pardon?
 Module 6
Module Title: The 5th Pillar of the CJS- the Community and the Barangay Justice System

Module Description: This module focuses on the important role of the community as the last pillar of the
Philippine Criminal Justice System. This gives students the idea that community as a pillar is very indispensable
in the system because in the absence of citizen’s support and assistance, the criminal justice system will not be
able to handle effectively the complicated task of preventing and controlling crime. It is important to know that
there is a need for more balance allocation of peacekeeping duties between the criminal justice system and the
prevention responsibilities. In this module also gives student the idea about the functions and role of the
Barangay Justice System, including its mandate and the coverage of this system.

Purpose of the Module:

This module let the students learn the importance of the Community as the 5th pillar in the Philippine Criminal
Justice System and without the active participation of the members of the community, the processes of the
criminal justice system cannot operate. Students need to understand that the Police rely on citizens to report
crimes and to assist them in the conduct of investigations. The Prosecutors and the Judges depend upon citizens
as witnesses in the prosecution of the offender. The correction staffs trust them to support community-based
correction programs.

Module Guide:
The delivery of this module is purely online, discussions will be done through the google meet and zoom app
while assignments, quizzes and other activities will be done on the google classroom

Module Outcomes:
Upon completion of this module, students are expected to acquire these competencies:
Discuss the importance of the community in reforming the convict
Analyze the Role of the Family, Government, and other members of the society for the successful reintegration
of the convicted offender into society.
Discuss the importance of Katarungang Pambarangay in addressing issues and concerns of the Justice System
in general
Analyze the concept and objective of the Barangay Justice System.
Demonstrate the Role of the Barangay Justice.

Module Requirements:
At the end of this module, the students will come up a case study analysis and table tap exercise.

Module Pretest:
1. What is the role of the Community in the administration of justice?
2. What is the purpose of the Barangay Justice System?

Key Terms:
Mass media
Non-Governmental Organizations
Lupon ng Tagapamayapa
Arbitration
Mediation
Conciliation

Learning Plan
Lesson No: 6
Lesson Title: The 5th Pillar- Community and the Barangay Justice System.

Let’s Hit These:

At the end of this lesson, students should be able to:
Discuss the role of the community in the administration of justice
Demonstrate the Role of the government, Private sectors, Schools, Church, Mass media and the Barangay in
the success of the Criminal Justice System.
Compare the Philippine Criminal Justice and the Barangay Justice System.
Discuss the importance of the Barangay Justice System.

Let’s Get Started:

Students are required to make Gmail account and shall join in our designated google classroom
Install the zoom app and enable the google meet as these are the app we are going to utilize for the discussions
and other tasked necessary to make this module complete.
As facilitator, I will use my PowerPoint Presentation to be presented during the virtual meeting or classes and
upload the same to the google classroom for students’ reference.
Students are required to open their web cameras to pay attention with the discussions and to have interaction.
The duration of the discussions per week will be 3 hours.

Let’s Read:

Section 1. Lupong Tagapayapa

a) Creation. There is hereby created in each barangay a body to be known as Lupong Tagapayapa (hereinafter
referred to as Lupon) composed of the Barangay Captain as chairman and not less than ten (10) nor
more than twenty (20) members, to be constituted every two years in the following manner:

1. Any suitable person actually residing or working in the barangay, not otherwise expressly
disqualified by law, and taking into account considerations of integrity, impartiality, independence
of mind, sense of fairness, and reputation for probity, including educational attainment, may be appointed
member;

2. A notice to constitute the Lupon, which shall include the names of proposed members who have expressed
their willingness to serve, shall be prepared by the Barangay Captain within thirty (30) days after this
Decree shall have become effective, and thereafter within the first ten (10) days of January of every other
year. Such notice shall be posted in three (3) conspicuous places in the barangay continuously for a period of
not less than three (3) weeks;
3. The Barangay Captain, taking into consideration any opposition to the proposed appointment or
any recommendation/s for appointment as may have been made within the period of posting, shall within ten
(10) days thereafter, appoint as members those whom he determines to be suitable therefor;

4. Appointments shall be in writing signed by the Barangay Captain and attested by the Barangay
Secretary;

5. The list of appointed members shall be posted in three (3) conspicuous places in the barangay for the entire
duration of their term of office;

6. When used herein:

Barangay refers not only to barrios which were declared barangays by virtue of Presidential
Decree No. 557 but also to barangays otherwise known as citizens assemblies pursuant to
Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of the barrios which declared barangay by virtue
of Presidential Decree No. 557 and to the Chairmen of barangays otherwise known as citizens assemblies
pursuant to Presidential Decree No. 86.

b) Oath and Term of Office. Upon appointment, each member shall take an oath of office before the Barangay
Captain. He shall hold office until December 31 of the calendar year subsequent to the year of his appointment
unless sooner terminated by resignation, transfer of residence or place of work, or withdrawal of appointment
by the Barangay Captain with the concurrence of the majority of all the members of the Lupon.

c) Vacancy, Lupon. Should a vacancy occur in the Lupon for any cause the Barangay Captain shall as soon
as possible appoint a suitable replacement. The person appointed shall hold office only for the
unexpired portion of the term of the member whom he replaces.

d) Functions. The Lupon shall exercise administrative supervision over the conciliation panels
hereinafter provided for. It shall meet regularly once a month (1) to provide a forum for the exchange of ideas
among its members and the public on matters relevant to the amicable settlement of disputes; and (2) to enable
the various panels to share with one another their observation and experiences in effecting speedy resolution of
disputes.

e) Secretary of the Lupon. The Barangay Secretary shall concurrently the Secretary of the Lupon. He shall note
the results of the mediation proceedings before the Barangay Captain and shall submit a report thereon to the
proper city or municipal court. He shall also receive and keep the records of proceedings submitted to him by
the various conciliation panels. He shall issue the certification referred to in Section 6 hereof.

f) Conciliation Panels. There shall be constituted for each dispute brought before the Lupon a conciliation panel
to be known as Pangkat ng Tagapagkasundo (hereinafter referred to as Pangkat) consisting of three (3)
members who shall be chosen by agreement of the parties to the dispute from the list of membership of the
Lupon.

Should the parties fail to agree, they shall, in the presence of the Barangay Captain or Secretary, make the
selection in the following manner: one party, determined by lot, shall strike out from the list one name; the other
party shall in turn strike out another; the parties shall thereafter continue alternately to strike out names until
there shall remain on the list only by four (4), three (3) of whom shall be the members of the Pangkat, and the
fourth, to be determined by lot, shall be the alternate.

In the event any of the four (4) remaining names is, for cause to be passed upon solely by the Barangay Captain,
still objected to by any party, the procedure provided for in paragraph (g) hereunder shall be followed.

Should there be more than one complainant or respondent, each side to the dispute shall choose its
representative to such striking-out process.

The three (3) members shall elect from among themselves the chairman and the
secretary of the Pangkat.
The secretary of the Pangkat shall keep minutes of its proceedings attested by the chairman and submit a copy
thereof to the Lupon Secretary and to the proper city or municipal court. He shall issue and cause to be served
notices to the parties and give certified true copies of any public record in his custody that is not by law
otherwise declared confidential.

g) Vacancy, Pangkat. Any vacancy in the Pangkat shall be filled by the Barangay Captain from among the other
members of the Lupon, to be determined by lot.

h) Succession to or substitution for Barangay Captain. In the event the Barangay Captain ceases to hold office
or is unable to perform his duties herein provided, the order of succession/substitution to his position as
provided by law shall be followed.

i) Character of Office. The members of the Lupon shall be deemed public officers and persons in authority,
within the meaning of the Revised Penal Code.

j) Character of Service. The members of the Lupon or Pangkat shall serve without any compensation or
allowance whatsoever. Such service by any Lupon or Pangkat member, whether he be in public or
private employment, shall be deemed to be on official time and no such member shall suffer any diminution in
compensation or allowances by reason thereof.

k) Legal advice. The Barangay Captain or any member of the Lupon or Pangkat may, whenever he deems it
necessary in the exercise of his functions under this Decree, seek the advice of the legal adviser of the
provincial/city/municipal government.
Let’s Remember:
 The role of the Family as a basic social institution, family must be strengthening their ties to avoid criminality.
 Barangay must likewise exercise their role, aside from those functions vested to them by laws. They must
monitor all those residents within their jurisdiction specially those who are engaged in criminal activities.
The concept of Barangay Justice System is attributable to Supreme Court Chief Justice Fred Ruiz Castro. In
November 10, 1976, he proposed the innovative idea of settling disputes through “neighborhood paralegal
committees” as a measure to decongest court dockets of minor cases and disputes among family and barangay
members at the barangay level.
PD 1508 is an act establishing a system of amicably settling disputes at the barangay level.

Katarungan Pambarangay Law establishes a system of amicably settling disputes at the barangay level. The
procedures on Katarungan Pambarangay are duly embodied under the pertinent provision of the Local
Government Code, as amended, or Republic Act No. 7160, more particularly Sections 399-422. The purpose of
the barangay conciliation is to reduce the number of court litigations and prevent the deterioration of the quality
of justice which has been brought about by the indiscriminate filing of cases in the courts.
Section 412 of R.A. No. 7160 provides that no complaint, petition, action, or proceedings
involving any matter within the authority of the Lupon shall be filed or instituted directly or
indirectly in court or in any other government office for adjudication, unless there has been a confrontation
between the parties before the Lupon chairman or the pangkat, and that no conciliation has been reached as
certified by the lupon of pangkat chairman. This is the general rule.

The following are the exceptions to the foregoing rule:

1. Where one party is the government, or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the performance of his official
functions;
3. Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand Pesos (Php5,000.00);
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or municipalities unless the parties
thereto agree to submit their differences to amicable settlement by an appropriate Lupon;
6. Disputes involving parties who actually reside in barangays of different cities or municipalities,
except where such barangay units adjoin each other and the parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon; and
7. Such other classes of disputes which the President may determine in the interest of justice or upon the
recommendation of the Secretary of Justice.
 An amicable settlement shall have the force and effect of a final judgment of the court upon the
expiration of ten (10) days from the date thereof, unless repudiation of the settlement has been made or a
petition to nullify the award has been filed before the proper
court.
In all barangay proceedings, the parties must appear in person without assistance of counsel or
representative except for minor and incapacitated (Section 15, R.A. No. 7160).

Let’s Do This:

1. What laws governing the process and procedures in BJS?

2. What is the purpose of the BJS?
3. What is Pangkat ng Tagapagkasundo
4. What is Mediation and Conciliation?

Let’s Check:
1. Book III, chapter 7, Sections 399-422 of RA 7160 (Local Government Code) the Revised Katarungang
Pambarangay And PD 1508 Barangay Justice System.
2. The purpose of the BJS is to decongest court dockets of minor cases and disputes among family and barangay
members at the barangay level.
3. Pangkat ng Tagapagkasundo is the conciliation panel constituted from the Lupon membership for every
dispute brought before the Lupon.
4. Mediation and Conciliation are interchangeable terns indicating the process whereby the parties involved
(disputants) are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes.

Suggested Readings:
PD 1505 on the Philippine official gazette (google)
RA 7160 On the Philippine Official gazette
Introduction to Philippine Criminal Justice System by Brian Guerrero and Gerry Cano.

Module Post Test: VI

ESSAY/DISCUSSION:
1. What would be the Role of the Mass media for attaining the objectives of the Philippine Criminal Justice
System?
2. As a member of the community component ff criminal justice system, how can you contribute to make our
system of criminal justice successful?
3. Discuss the relevance of the Katarungang Pambarangay to Criminal Justice System.
4. Provide distinction of arbitration to mediation and conciliation.
5. Give the disputes within the jurisdiction of Katarungang Pambarangay.