CRIMINAL JUSTICE SYSTEM

- Is the machinery used by the society to prevent and control crime? It is a tool of a
democratic Government to protect the society against criminality and other peace and
order problem.
IN THEORY
- Is an integrated apparatus that is concerned with apprehension prosecution trial
conviction sentencing and rehabilitating or correcting criminal offenders. The process is
the totality of the activities of law enforcer’s prosecution defense lawyer judges and
correctional institutions as well as those of mobilized community in crime prevention
and control.
BASICALLY
- In the American context in initially made up of three key components
1. Police
2. Court
3. Correction

- Criminal Justice System – Was expanded to achieve its objectives – prevention and
control of crimes.

FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS:

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

CONCEPT OF CJS IN THE UNITED STATES

CJS in the American context is initially made up of three (3) keys components
- Police
- Court
- Corrections

CONCEPT OF CJS IN THE PHILIPPINES

The Philippine Criminal Justice System is made up of the various government agencies
known as the PILLARS or components, which are responsible for the enforcement of the law
and the administration of justice. These are the:
1. Police
2. Prosecution
3. Court
4. Correction
5. Community

These five (5) elements are known as the FIVE PILLARS OF THE C.J.S. On them obviously
depends the effective and efficient operation of the Criminal Justice System.
Generally speaking, the following are the functions of the five components of the CJS:
1. To prevent and control the commission of crime
 2. To enforce the law
3. To safeguard lives, individual rights and properties of the people
4. To detect investigate apprehend prosecute and punish those who violate the law
5. To rehabilitate the convicted criminal offenders and reintegrate them into the
community as law-abiding citizens

CJS MODELS (ACCORDING TO HERBERT PACKER):

1. Crime Control Model – Is based on the idea that the most important function of the CJS
is protections of the public and the repression of criminal conduct – The rights of the
individuals are just secondary; and
2. Due Process Model – To the proponents of this the rights of an individual must be co-
equal with the concern for public safety.

CRIMINAL LAW AND THE CRIMNAL JUSTICE SYSTEM

CRIME – It is an act or omission punishable by law

ACT – Any bodily movement tending to produce some effect
OMISSION – It refers to the failure to perform a specified act
CRIMINAL LAW – Is that branch of public which defines crimes treat of their nature and
provides for their punishment.

TYPES OF CRIME
1. Felony – Any act punishable by the Revised Penal Code of the Philippines
2. Offense – Any act punishable by Special Laws
3. Misdemeanor or Delinquency – Any act which is in violation of simple rule and
regulations.

Sources of Criminal Law:

1. Revised Penal Code (Act No. 3815) and its amendments
2. Republic Acts
3. Other special Penal Laws passed by the Philippine Commission Philippine assembly
Philippine Legislature National Assembly the Congress of the Philippines and the
Batasang Pambansa

Presidential Decrees and republic Acts are the two (2) well-known names of special criminal
laws in the Philippines:
Presidential Decrees – Are special laws which were passed during the Martial Law are wherein
the Philippine was placed under a parliamentary system of government
Republic Acts – Are special laws which were passed after the 1987 constitution enacted where
the system of our government is now democratic and republican?

TWO CLASSIFICATION OF CRIMINAL LAW

1. SUBTANTIVE – Defines the elements that are necessary for an act to constitute as a
crime thereof punishable.
2. PROCEDURAL – Refers to a statute that provides procedures appropriate for the
enforcement of the Substantive Criminal Law.
TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE ADMINISTRATION OF THE CJS

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

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

THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER
THE CRIMINAL JUSTICE SYSTEM

1. At the police stage during investigation, he is referred to as the SUSPECT

2. At the Prosecution office during the determination of probable cause or during the
Preliminary Investigation he is referred to as the RESPONDENT
3. At the trial of the case when a case has been filed in Court he is referred to as the
ACCUSED
4. Once the Court has determined that the accused is guilty beyond reasonable doubt as
charged and the judgment has been rendered, he is referred to as the CONVICT
5. It is only upon undergoing all the process when the person has served the sentence
when he can really be considered as a CRIMINAL

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

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

PHILIPPINE CRIMINAL JUSTICE SYSTEM SETTING:

1. LAW ENFORCEMENT
- Also called the POLICE pillar. It occupies the frontline of the CJS because they are
regarded as the initiator of the system. They are also the first contact of the law violator
in the CJS process. It investigates makes arrest and prepares evidence against the
suspects needed to prosecute them.
 2. PROSECUTION
- Takes care of evaluating the evidence and formally charges the suspect before the
court. It serves as screening process on whether to file a case based on evidence of
dismiss the same and determines what particular crime shall be formally filed and
presents the burden of proof against the suspect

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

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

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

FIRST PILLAR: LAW ENFORCEMENT

- The law enforcement pillar is the branch of the criminal justice system that has the
specific responsibility of maintaining law and order and combating crime within the
society.
- The law enforcement as the first pillar is considered to be the initiator or the prime
mover of the criminal justice system this pillar is also commonly referred to as the police
pillar
- This pillar is comprised of the different law enforcement agencies in the country such as
the Philippine National Police, the National Bureau of Investigation the Philippine Drug
Enforcement Agency the bureau of customs the bureau of internal revenue and the land
transportation office among many others.

PHILIPPINE NATIONAL POLICE

- Organized pursuant to RA 6975 as amended by RA 8551 ad further amended by RA 9708

RELEVANT LAWS ON THE ORGANIZATION OF THE PNP:

1. RA 6975 An act establishing the Philippine National Police under a reorganized

Department of the Interior and local Government and for other purpose, otherwise
known as DILG Act of 1990, was approved on December 13, 1990 and made effective on
January 1, 1991.
2. RA 8551 an act providing for the reform and Reorganization of the PNP otherwise
known as PNP reform Act of 1998 was passed into law on February 25, 1998.
3. RA 9708 an act extending for 5 years the reglementary period for complying the
minimum educational qualification for appointment to the PNP and Adjusting the
promotion system thereof passed on August 12, 2009.
 PHILIPPINE NATIONAL POLICE
- A law enforcement agency under the DILG
- Under administrative control and operational supervision of the National Police
Commission.

CONSTITUTIONAL BASIS
It is an organization that is national in scope and civilian in character, as provide by
Section 6, Article 16 of the 1987 Philippine Constitution: The state shall establish and maintain
one police force which shall be national in scope and civilian in character

POLICE DISCRETION
It is an authority conferred by law to act in a certain condition or situation in accordance with
an officer or an official agency’s own considered judgement or conscience. It is simply the wise
use of one’s judgement in a police situation requiring immediate and decisive action.

Some Discretion of the Police

a. To strictly enforce the laws and ordinances
b. To be lenient in the enforcement of laws and ordinances
c. To apply for search warrants
d. To arrest the suspect’s or just merely warm him
e. To gather additional evidence or immediately file in case against the suspect
f. To follow-up cases

POLICE ROLES AND FUNCTIONS IN THE SOCIETY

1. LAW ENFORCEMENT
- The Philippine National Police has the power to enforce laws and ordinances relative to
the protection of lives and property.
Such as the Revised Penal Code other special penal laws and city and municipal
ordinances.
2. CRIME PREVENTION
- The elimination of the opportunity for the commission of a crime
3. POLICE PATROL
- Patrol has been described as the backbone of the police department. Theoretically
patrol officers are the most valuable people in the organization.
4. CRIME DETECTION
- Is the discovery of the police that a crime had been committed?
There are traditional ways that occurrence of crime is made known to the police
a. When the victim personally reports the crime to the police;
b. When a witness personally reports the crime to the police; and
c. When the police catch an offender while in the commission of a crime
5. CRIMINAL APPREHENSION
- The legal term for criminal apprehension is ARREST

ARREST (RULE 113, SEC. 1)

- Is taking of a person into custody in order that he be bound to answer for the
commission of an offense
 MODES OF ARREST
1. Arrest by virtue of a warrant
2. Arrest without a warrant
- An arrest may be made on any day and at any time of the day or night even on a
Sunday.

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

CIRCUMSTANCES OF WARRANTLESS ARREST:

Arrest without warrant; when lawful – A peace officer or a private person may, without a
warrant, arrest a person:

a. When in his presence, the person to be arrested has committed, is actually committing
or is attempting to commit an offense
b. When an offense has just been committed and he has probable cause to believed based
on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
c. When the person to be arrested is a prisoner wo has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending or has escaped while being transferred from one confinement
to another (Rule 113, Sec. 5)

VI. SEARCH AND SEIZURE

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

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

PERSONAL PROPERTY TO BE SEIZED

A. Subject of the offense
B. Stolen or embezzled and other proceeds fruit of the offense; or
C. Use or intended to be used as the means of the commission of the offense

CIRCUMSTANCES OF WARRANTLESS SEARCH:

A. Warrantless search incidental to a lawful arrest under Sec. 12, Rule 128 Rules of Court
(In flagrante delicto arrest)
 B. Seizure of evidence in plain view/plain view doctrine
C. Search of a moving vehicle
D. Consented warrantless search
E. Customs search
F. Stop and frisk search, and
G. Exigent and emergency circumstances

CRIMINAL INVESTIGATION – Is an art which deals with identity and location of the offender and
provides evidence of his guilt in criminal proceedings.

NATIONAL BUREAU OF INVESTIGATION (NBI)

The National Bureau of Investigation had its inception on 13 November 1936 upon approval OF
Commonwealth Act No. 181 by legislation.

It was the brainchild of the late president Manuel L Quezon and was first organized as a Division
of Investigation (DI) patterned after the United States Federal Bureau of Investigation.

The Bureau assumes an increasingly significant role as a law enforcement agency thus on 19
June 1947 and by virtue of Republic Act No. 157 it was reorganized into the Bureau of
Investigation.

The law was later amended by Executive Order No. 94 issued on 4 October 1947 renaming it
into what it is presently known as the National Bureau of Investigation

The NBI is a government entity that is civilian in character and national in scope which is under
the Department of Justice. The National Bureau of Investigation is presently under the
Department of Justice performing the principal functions of detecting investigating and
prosecuting crimes towards the end of preventing criminality. Among the activities the NBI
conducts are:

 To detect and investigate crimes

 To investigate civil or administrative cases of interest to the government upon request;
 To act as the national clearing house of criminal records and other information

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)

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

OTHER LAW ENFORCEMENT AGENCIES

- Bureau of Fire Protection
 - Bureau of Jail Management and Penology
- Bureau of Customs
- Bureau of Internal Revenue
- Bureau of Food and Drugs; and
- Optical media Board

SECOND PILLAR PROSECUTION

Prosecution is the course of action or process whereby accusations are brought before a court
of justice to determine the innocence or guilt of the accused.

The institution or continuance of a criminal suit involving the process of exhibiting formal
charge against an offender before a legal tribunal and pursuing final judgment on behalf of the
state or government;

Prosecution – Party in a criminal proceeding who instituted the criminal action

Defense – Party against whom the criminal action was instituted.

In all criminal prosecutions the real offended party is the People of the Philippines for a crime
is an outrage against and its vindication is in favor of the people in a sovereign state. Thus, all
criminal cases are titled “People of the Philippines vs. ______________.

WHO IS A PROSECUTOR?
- A prosecutor is a public officer having an authority to conduct legal actions concerning
the complaint filed at his office and perform other prosecution functions as provided by
law
- The PROSECUTION PILLAR takes care of evaluating the evidence and formally charges
the suspect before the court. It serves as the screening process on whether to file a case
based on evidences or dismiss the same
- It determines what particular crime shall be formally filed and presents the burden of
proof against the suspected individual in the court.

BASIC LAW AFFECTING PROSECUTION

PD 1275 issued on 11 April 1978 reorganizing the Prosecution Staff of the Department of Justice
and the Offices of the Provincial and City Fiscal, Regionalizing the Prosecution Service and
Creating the National Prosecution Service

PROSECUTION AGENCIES

1. Government agencies
a. National Prosecution Office
b. Office of the Solicitor General (State Prosecutor)
c. Office of the Ombudsman
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City and Municipal Prosecutors
f. Public Attorney Office
 2. Non-Government prosecuting agencies
IBP – CLAO – FLAG – MABINI – other legal-aid lawyer associations

The prosecution service has the following general functions:

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

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 trail (Sec. 112, Criminal Procedure, Rules of Court).
- It is required to be conducted before the filing of the information for an offense where
the penalty prescribed by law is at least 4 years, 2 months and 1 day.

Note: The need for Preliminary Investigation depends upon the imposable penalty for the
crime charged in the complaint or information filed.

The purpose of conducting preliminary investigation is to establish PROBABLE CAUSE

PROBABLE CAUSE as a ground for an arrest or issuance of a warrant of arrest

Probable Cause – Such facts and circumstances that would lead a reasonably discreet and
prudent man to believe that the person sought to be arrested has committed an offense.

Prosecutional Discretion
 Is the prudent use of judgment being exercised by the investigating fiscal or prosecutor
in determining the existence of probable cause during preliminary investigation?

Purposes of Preliminary Investigation

 To protect the innocent against hasty, oppressive and malicious prosecution
 To secure the innocent from open and public accusation of trial from trouble expense
and anxiety of a public trial.
 To protect the state from useless and expensive trails.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION:

1. Provincial or City prosecutors and their assistance

2. Judges of the municipal trial courts and municipal circuit trail courts
3. National and Regional State Prosecutors; and
4. Other officers as may be authorized by law
- Tanodbayan’s special prosecutors as authorized by the Ombudsman
- COMELEC’s authorized legal officers in connection with election offenses
- Special prosecutors appointed by the secretary of Justice
PROCEDURE FOR PRELIMINARY INVESTIGATION
(See Section 3, Rule 112, Rules of Court

COMPLAINT – Is a sworn written statement charging a person with an offense subscribed by

the offended party any peace officer or other public officer charged with the enforcement of
the law violated.

INFORMATION – An accusation in writing charging a person with an offense subscribed by the

prosecutor and filed with the court

An affidavit is a statement of facts under oath.

The Summon shall be directed to the defendants, signed by the clerk of court under seal and
contain (a) the name of the court and the names of the parties to the action; (b) a direction that
the defendant answer within the time fixed by these Rules; (c) a notice that unless the
defendant so answer plaintiff will take judgment by default and may be granted the relief
applied for (Sec. 2 Rule 14, Rules of Court)

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

INQUEST PROCEEDING

Inquest Proceeding – Is an inquiry made by the duty prosecutor to determine the legality of the
arrest made especially those arrests made without a warrant.
This process requires the prosecutors to resolve the complaint the police filed in a prescribed
period which varies depending on the gravity of the offense:

1. Light penalties = 12 hours

2. Correcitonal penalties = 18 hours
3. Afflictive penalties = 36 hours

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

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

THIRD PILLAR: COURT

Court, as the third pillar is said to be the centerpiece of the criminal justice system and its
primary and most important function as a component of the criminal justice system is to
DECIDE whether the accused is guilty or not guilty of the crimes he is accused of committing.

It is within the power of this pillar to end the process for the accused or to proceed with the
next pillar which is correction.

The Courts occupy the third pillar of the CJS It is the most sensitive phase of the criminal justice
system where fair and open trial is conducted. It is the forum where the prosecution is given
the opportunity to prove that there is a strong evidence of guilt against the accused.

It is the last citadel of hope for fair administration of justice

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

Powers and Functions of the Courts under the Constitution (Art. VIII, Sec.1)

The judicial power is vested in one Supreme Court and in such lower courts as may be
established by law. Judicial power includes the duty of the courts to:
- Settle actual controversies involving rights which are legally demandable and
enforceable
- 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.

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

POWER OF JUDICIAL REVIEW

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

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

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

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

REQUISITES FOR A VALID EXERCISE OF CRIMINAL JURISDICTION:

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

KINDS OF JURISDICTION

1. GENERAL – when the courts I empowered to decide all disputes which may come before
it except those assigned in other courts.
2. LIMITED – when the court has the authority to hear and determine only a few specified
cases
3. ORIGINAL – when the court can try and hear a case presented for the first time
4. APPELLATE – when the court can try a case already heard and decided by a lower court
removed from the latter by appeal
5. EXCLUSIVE – when the court can try and decide a case which cannot be presented
before any other court
6. CONCURRENT – when any of two or more courts may take cognizance of a case
7. CRIMINAL – that which exists for the punishment of crime
8. CIVIL – that which exists when the subject matter is not of a criminal offense

THE PHILIPPINE JUDICIARY

Batas Pambansa Blg. 129

- Otherwise known as the JUDICIARY REORGANIZATION ACT of 1990 which defines the
organization composition and jurisdiction of the courts.

REGULAR COURTS
1. SUPREME COURT (SC)
- The highest court of the land
- Composed of a CHIEF JUSTICE and 14 ASSOCIATE JUSTICES
- Has appellate jurisdiction over cases decided by the Court of Appeals and has the power
of judicial review
- The court of last resort

2. COURT OF APPEALS (CA)

- Headed by PRESIDING JUSTICE and composed of 68 ASSOCIATE JUSTICES
- Has appellate jurisdiction over cases decided by the Regional Trial Courts
- It reviews not only the decisions and orders of the Regional Trial Courts nationwide but
also those of the Court of Tax Appeals

3. REGIONAL TRIAL COURTS (RTC)

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

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

Court/Metropolitan Trial Court Original Jurisdiction:
- All violations of city and municipal ordinances
- All offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of fine
- Damage to property through criminal negligence

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

2. Court of Tax Appeals (CTA)

 Created by Republic Act No. 1125 as amended by Republic Act No. 9282
 Its rank level is equal to that of the Court of Appeals and Sandiganbayan
 It is composed of a Presiding Justice and 5 Associate Justices
 It has both the original and appellate jurisdictions over civil and criminal tax cases
involving the National Internal Revenue Code. Tariff and Custom Code and the Local
Government Assessment Code.

3. Shari’a Courts
 Created pursuant to Presidential Decree 1083 otherwise known as the Code of Muslim
Personal Laws of the Philippines.
 It has exclusive jurisdiction over cases that pertain to family rights and duties as well as
contractual relations of Filipino Muslims. And decisions rendered by the Sharia’s District
Courts are Final.

ADMINISTRATIVE AGENCIES

Administrative Agencies includes:

1. National Labor Relations Commission
2. Commission on Elections
3. Bureau of Internal Revenue
4. Bureau od Customs
5. Board of Transportation
6. Commission on Audit
7. Energy Regulatory Board
8. Civil Service Commission Quasi-Judicial Power
The power of the administrative agency to determine questions of fact to which the legislative
policy is to apply, in accordance with the standards laid down by the law itself.

JUDICIAL AND BAR COUNCIL (JBC)

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

Members of the Judicial and Bar Council under the Constitution (Art. VIII Sec. 8:
 Chief Justice (Ex-officio Chairman)
 Secretary of Justice
 A Representative of the Congress
 Representative of the Integrated Bar of the Philippines (IBP)
 A professor of Law
 A retired member of the Supreme Court
 A representative of the Private Sector

CRIMINAL PROCEEDINGS

A criminal proceeding consists of five main stages or parts:

ARRAIGNMENT
- The reading of the criminal complaint or information to the defendant by the judge or
clerk of court and the delivering to him a copy thereof, including a list of witnesses and
him whether he pleads guilty or not guilty as charged

PLEA – is the response of the accused when asked whether he is guilty or not guilty of the
offense charged. It is of two kinds:

1. Guilty plea which must be unconditional: and

2. Not guilty

PRE-TRIAL
- A Conference called by the Judge that requires the presence of both the prosecution
and the accused before the beginning of a trial
- Mandatory in all criminal cases

The following are to be taken up during the conference:

1. Plea bargaining
2. Stipulation of facts (pagtatakda ng mga katotohanan)
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trail if the accused admits the charge but interposes a
lawful defense
 6. Such other matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.

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

TRIAL
- Is the examination before a competent tribunal according to the laws of the land of the
facts put in issue in a case for the purpose of determining such issue? It is the period for
the introduction of evidence by both parties.

ORDER OF TRIAL
- The prosecution shall present evidence to prove the charge
- The accused may present evidence to prove his defense
- The prosecution and defense may present rebuttal and sur-rebuttal evidence unless the
Court permits them to present additional evidence
- Upon admission of evidence the cases is deemed submitted for decision unless the
Court directs them to argue orally or to submit written memoranda.

JUDGMENT
- The adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition of the proper penalty and civil liability
- Defined as the DECISION or sentence of the given by a court as the result of proceedings
instituted therein.

A judgment becomes final: PS-WP

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

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

Extinction of Criminal Liability (Art. 89 RPC)

DSA-PPP-M
Total:
1. Death of the Convict
2. Service of Sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
 6. Prescription of penalty
7. Marriage of the offended woman (in good faith)

Prescription of crime – Is the forfeiture or loss of the right of the state to prosecute the
offender after the lapse of a certain time fixed by law

Prescription of Penalty – Is the loss or forfeiture of the right of the government to execute the
final sentence after the lapse of a certain time fixed by law.

Partial:
1. Conditional Pardon
2. Commutation of sentence
3. Good conduct time allowance during confinement
4. Parole
5. Probation

FOURTH PILLAR: CORRECTIONS

Correction – Is the fourth component of the criminal justice system it is the branch of
administration of criminal justice charged with the responsibility for the custody supervision
and rehabilitation of convicted offenders. It also deals with punishment, treatment and
incarceration of offenders.

Penology – A branch of criminology which deals with the treatment management and
administration of inmates

PURPOSES/OBJECTIVES OF MODERN CORRECTIONS:

1. RETRIBUTION – Imprisonment is supposed to be the payment of the offender to the

victim of the victim’s family for the crime he committed against him or her.
2. DETERENCE – Imprisonment is supposed to discourage convicted offender from
committing crimes again because of their experience in the prison or jail
- At the same time imprisonment is supposed to discourage
3. ISOLATION – Convicted offenders are separated from society to prevent them from
committing another crime
- At the same time, imprisonment protect law-abiding citizens from the harm criminals
may inflict on them
4. REFORMATION – This involves the use of punitive and disciplinary measures such as
solitary confinement to modify or reform criminal behavior whose conduct and
deportment is not totally responding to rehabilitation programs
5. REHABILITATION – based on the premise that through correctional intervention such as
educational and vocational training and psychotherapeutic programs an offender may
be changed
6. REINTEGRATION – The effort of correction to change criminal behavior should result in
a situation and ability on the part of the penitent offender to return to society in some
productive and meaningful capacity in a free community.
PENALTY
- The suffering that is inflicted by the state for the transgression of the law
- Refers to punishment imposed by a lawful authority upon a person who commits a
deliberate or negligent act. Penalty can take the form of imprisonment payment of
fines and damages among other.

JURIDICAL CONDITIONS OF PENALTY

1. LEGAL – Penalty must be imposed by the proper authority and by virtue of a judgment
as prescribed by law
2. DEFINITE – Penalty must be specific and exact
3. COMMENSURATE – Penalty must be proportional to the gravity or seriousness of the
crime committed
4. PERSONAL – Penalty must be imposed only to the person who actually committed the
crime with no substitutes
5. EQUAL – Penalty must be applied to all who committed the offense.

PUNISHMENT – It is the redress that the state takes against the offender member of society

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

COMMITMENT ORDER – Is a written order of a court or authority consigning a person to jail or

prison for detention

TWO DIVISIONS OF CORRECTIONS

1. Institutional Correction
2. Non-Institutional Correction

INSTITUTIONAL CORRECTIONAL AGENCIES IN THE PHILIPPINES

1. BUREAU OF CORRECTIONS (BUCOR)

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

SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES

1. SAN RAMON PRISON AND PENAL FARM

- Was established in southern Zamboanga on 21 August 1869
- Was established during the tenure of Governor general Ramon Blanco whose patrol
saint the prison was named after
- Was established originally for persons convicted of political crimes
- Considered the oldest penal facility in the Philippines.
- 1,546 hectares copra, rice, coffee, cattle and livestock

2. IWAHIG PENAL COLONY

- Established on 16 November 1904 in Puerto Princesa City, Palawan
- Originally served as a depository for prisoners who could not be accommodated at the
Old Bilibid Prison in Manila
- Classified as a penal institution in 1907 by virtue of Act No. 1723
- Four subcolonies Sta Lucia, Inagawan, Montible and Central privilege families to live
with the colonists

3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW)

- Created by virtue of Act No. 3579 enacted on November 1931
- Located at Welfareville Mandaluyong City
- Established to accommodate female prisoners
- The female prisoners from the Old Bilibid Prison were transferred to CIW on 14 February
1931

4. DAVAO PENAL COLONY

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

5. BILIBID PRISON
- Originally was located in Manila before it was transferred to Muntinlupa City in 1935
- Officially named the New Bilibid Prison on 22 January 1941
- Has three security facilities/camps:
1. Maximum security
2. Medium security
3. Minimum security

6. SABLAYAN AND PENAL FARM

- Established on 27 September 1954 by virtue of Presidential Proclamation No. 72
- The facility where prisoners from the New Bilibid Prison are brought for decongestion
purposes

7. LEYTE REGIONAL PRISON

- Was established in 16 January 1973 by virtue of Presidential Decree No. 28
- Situated in Abuyog Southern Leyte
- Admits convicted offenders from Region 6 and from the national penitentiary in
Muntinlupa

2. Provincial Jails – Jails for the safekeeping of prisoners at the capital of each province. It
shall be under the supervision and control of the provincial governors.
3. Bureau of Jail Management and Penology (BJMP) – Created by virtue of Republic Act
6975, exercises supervision and control over all District, City and Municipal jail
nationwide. Formally established on January 2, 1991
DIFFERENCE BETWEEN:

DETENTION PRISONERS – Those held for security reasons investigation those awaiting or
undergoing trial and awaiting judgement

SENTENCED PRISONERS – Those convicted by final judgment and are serving their sentence

CLASSIFICATION OF PRISONERS

1. Detention Prisoners
- Person s held for security reasons
- Person held for investigation
- Persons waiting for trial judgment
- Persons waiting for trial

2. Sentenced Prisoners – Prisoners who convicted by judgment by competent court

a. Municipal jail Prisoners – Sentenced to serve a prison term for 1 day to 6 months
b. City jail Prisoner – Sentenced to serve imprisonment for 1 day to 3 years
c. Provincial Jail – Sentenced to 6 months one day to years
d. National or Insular Prisoners – Sentenced to 3 years 1 day to Reclusion Perpetua or life
imprisonment

PRISON
- Derived from the Spanish word “PRESIDO”
- Under the supervision of the national government through the Bureau of Corrections
under the Department of Justice
- Has custody over convicted offenders whose sentence is imprisonment of Three years
and one day and above

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

TYPES OF JAILS:
1. Lock-up – A security facility common in police stations or precincts in urban areas (cities)
for temporarily detaining those persons being held for investigation or awaiting hearing
of their criminal cases.
2. Ordinary Jail – The type of jail commonly found in every municipality or city houses
offenders awaiting court trial and those convicted offenders who are serving their
sentence of imprisonment that does not exceed 3 years place where juvenile offenders
 and the mentally insane people are usually detained while their transfer to other
institutions are pending.
3. Work House, Jail Farm or Camp – A facility that houses minimum custody offenders
who are serving short sentences inmates undergo constructive work programs provides
full employment of prisoners’ remedial services and constructive leisure time activities.

FORMS OF PUNISHMENT
1. Death Penalty – capital punishment
2. Imprisonment – Destierro
3. Fine or compensation
4. Civic duties

DURATION OF PENALITIES
1. RECLUSION PERPETUA
2. RECLUSION TEMPORAL
3. PRISION MAYOR
4. PRISION CORRECTIONAL
5. ARRESTO MAYOR
6. ARRESTO MENOR
7. BOND TO KEEP THE PEACE OR FINE

THE DEATH PENALTY

- The suffering that is inflicted by the State for the transgression of the law
- Refers to punishment imposed by a lawful authority upon a person who commits a
deliberate or negligent act. Penalty can take the form of imprisonment payment of fines
and damages among other.

FIFTH PILLAR: COMMUNITY – Eye and ear of the Police

Community – Represent the entire people cohesively organized and mobilized in synchronized
energy with the government to help in the decision making and participatory criminal justice
administration involvement to effectively address the law and order concern of the society and
its people

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

KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE)

KATARUNGANG PAMBARANGAY

- Refers to justice administered in the Barangay Level or the system of amicably disputes
among families in Barangay levels without judicial recourse.
- PD 1293 – the Law “Creating a Katarungang Pambarangay Commission to Study the
Feasibility of Resolving Disputes at the Barangay Level.
- Promulgated on 27 January 1978
PD 1508 – The law “Establishing a System of Amicably Settling Disputes at the Barangay Level

RA 7160 – Otherwise known as the “Local Government Code of 1991”

 Provides for the REVISED KATARUNGANG PAMBARANGAY LAW
 Enacted on 10 October 1991

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

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

MATTERS THAT FALL UNDER THE JURISDICTION OF THE LUPON:

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

VENUE FOR AMICABLE SETTLEMENT

- Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the Lupon of said barangay
- Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent actually resides:
- All disputes involving real property or interest shall be brought in the barangay where
the real property or the larger portion is situated.
- Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled for study shall be brought in the barangay
where such workplace or institution is located.
PROCEDURE FOR AMICABLE SETTLEMENT
Any individual who has a cause of action against another individual involving any matter within
the authority of the Lupon may complain orally or in writing to the Lupon.

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

MEDIATION OR CONCILIATION – The process whereby disputants are persuaded by the Punong
Barangay or Pangkat amicably settle their disputes.

PERTINENT LAWS:

RA 9346 – Abolition of the Death Penalty

RA 8353 – Anti Rape Law
RA 7659 – Death Penalty Law
RA 9208 – Anti Trafficking Act
RA 9165 – Comprehensive Dangerous Drug Act
RA 9262 – Anti Violence against Women and Children
RA 7610 – Child Abuse Law
RA 9283 – Intellectual Property
RA 10591 – Illegal Possession of FAs
RA 6981 - Witness Protection Program
RA 7080 – Plunder Law
RA 9160 – Anti Money Laundering (RA 9194)
RA 9344 – Comprehensive Juvenile Justice System
RA 9285 – Alternative Dispute Resolution