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PHILIPPINE CRIMINAL JUSTICE

PHILIPPINE CRIMINAL JUSTICE

SYSTEM

SYSTEM

CRIMINAL JUSTICE SYSTEM CRIMINAL JUSTICE SYSTEM

• The sum total of The sum total of instrumentatiinstrumentation whichon which

a society uses in the

a society uses in the prevention andprevention and control of crime and delinquency control of crime and delinquency

• The machinery of the state orThe machinery of the state or

government which enforces the rules of government which enforces the rules of conduct necessary to protect life and conduct necessary to protect life and  property and to

 property and to maintain peacmaintain peace ande and order 

order 

• The network of works and tribunalsThe network of works and tribunals

which deal with criminal law and its which deal with criminal law and its enforcement

enforcement

• Comprises all means used to enforceComprises all means used to enforce

these standards of conduct, which are these standards of conduct, which are deemed necessary to protect

deemed necessary to protect individualsindividuals and to maintain general well-being of and to maintain general well-being of the community

the community

FIVE PILLARS OF THE PHILIPPINE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM 1. 1. LL! ! "#"#$%$%&C"&C"'"'"#T #T ( )( )%L%L*C*C"" + +.. ))&&%%""CCTT**%%##  .. CC%%&&TT /

/.. CC%%&&&&""CCTT**%%## 0

0.. CC%%''''##**TT

GOALS OF CRIMINAL JUSTICE SYSTEM GOALS OF CRIMINAL JUSTICE SYSTEM

.

. )r)rimimarary y 2o2oalalss 1.

1. prprototecect met membmberers of s of sosocicietetyy +.

+. mamainintetenanancnce oe of pf peaeace ce anandd order 

order  3.

3. eecocondndarary 2y 2oaoalsls 1.

1. prprevevenentition oon of cf cririmemess +.

+. ththe ree reviview oew of lef legagalility oty of thf thee  preventive and suppr  preventive and suppressiveessive

measures measures .

. the the 4ud4udiciicial al detdetermerminainatiotion on off guilt or innocence of those guilt or innocence of those apprehend

apprehend /.

/. the the proproper per didispospositsition ion of of thothosese who have been legally found who have been legally found guilty

guilty 0.

0. ththe coe corrrrecectition bon by soy socicialallyly approved means of the behave approved means of the behave if those who violate the

if those who violate the criminal law

criminal law

5.

5. ththe sue suppppreressssioion of cn of cririmiminanall conduct by apprehending conduct by apprehending offenders for whom prevention offenders for whom prevention is

is ineffectiineffectiveve A.

A. LALAW W ENFENFORCORCEMEEMENT NT / P/ POLICOLICEE s the first pillar in the criminal 4ustice s the first pillar in the criminal 4ustice sy

syststemem, , ththe e popolilice ce is is coconsnsididerered ed as as ththee initiator of actions. *ts actions and decisions initiator of actions. *ts actions and decisions essentially control or dominate the activities essentially control or dominate the activities or functions of the other components.

or functions of the other components. Brief Histor

Brief Histor T

The he ininsstitittuutition on of of popollicice e iin n tthehe )hi

)hiliplippinpines es forformalmally ly ststartarted ed durduring ing thethe panish "ra. The establishment of the police panish "ra. The establishment of the police for

force ce wawas s not not ententirirely ely inintentended ded or or cricrimeme  prevention

 prevention or or peacekeeping peacekeeping rather, rather, it it waswas cr

creaeateted d as as an an e6e6tetensnsioion n of of ththe e cocololoninialal military establishment.

military establishment. A!"ie!t Roots

A!"ie!t Roots The

The forforeruerunnenner r of of the the concontemtemporporaryary  police

 police system system was was the the practice practice of of thethe  barangay

 barangay chieftains chieftains to to select select able-bodiedable-bodied young men to protect their barangay during young men to protect their barangay during the night and was not required to work in the the night and was not required to work in the fields during daytime. mong the duties of  fields during daytime. mong the duties of  those selected were to protect the properties those selected were to protect the properties of the people in the barangay and to protect of the people in the barangay and to protect their 7barangay8s9 crops and livestock from their 7barangay8s9 crops and livestock from wild animals.

wild animals.

S#$!is% Perio& S#$!is% Perio& C$r

C$r$'i$'i!er!eros os &e &e Se(Se()ri)ri&$& &$& P)'P)'*i"*i"$$ : :  or

orgaganini;e;ed d in in 1<1<1+ 1+ fofor r ththe e pupurprposose e of of  carrying the regulations of the =epartment carrying the regulations of the =epartment of tate. This was armed and considered as of tate. This was armed and considered as the mounted police. ears after, this kind of  the mounted police. ears after, this kind of   police organi;ation

 police organi;ation discharged the discharged the duties duties of of  a port, harbor and river police.

a port, harbor and river police. G)$r&ri**eros

G)$r&ri**eros  : this was a body of rural  : this was a body of rural  police

 police organi;ed organi;ed in in each each town town andand es

estatablblisishehed d by by ththe e &o&oyayal l =e=ecrcree ee of of 1>1> ?anuary 1>5. This decree provides that 0@ ?anuary 1>5. This decree provides that 0@ of the ableAbodied male inhabitants of each of the ableAbodied male inhabitants of each  province

 province were were to to be be enlisted enlisted in in this this policepolice organi;atio

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+

G)$r&i$ Ci+i* : this was created by a &oyal =ecree issued by the Crown on 1+ $ebruary 1>0+ to partially relieve the panish )eninsular Troops of their work in policing towns. *t consisted a body of $ilipino  policemen organi;ed originally in each of 

the provincial capitals of the central  provinces of Lu;on under the lcalde

'ayor.

A,eri"$! Perio&

The mericans established the nited tates )hilippines Commission headed by 2en. Boward Taft as its first governor-general. %n ?anuary , 1A1, the 'etropolitan )olice $orce of 'anila was organi;ed pursuant to ct #o. <A of the Taft Commission. This has become the basis for  the celebration of the nniversary of the 'anila8s $inest every ?anuary th.

ACT No. - : entitled Dn ct )roviding for the %rgani;ation and 2overnment of an *nsular Constabulary, passed on 1> ?uly 1A1.

A"t No. 00 : the act that renamed the insular Constabulary into )hilippine Constabulary, passed on  %ctober 1A1. E1e")ti+e Or&er 234 : ordered that the )C  be one of the four services of the rmed $orces of the )hilippines, dated + =ecember 1/A.

Post A,eri"$! Perio&

RA 5365 : otherwise known as the )olice )rofessionali;ation ct of 155, dated > eptember 155 created the )olice Commission 7)%LC%'9 as a supervisory agency to oversee the training and  professionali;ation of the local police forces under the office of the president. Later  )%LC%' was renamed #ational police Commission 7#)%LC%'9.

-- under this ct, the City ( 'unicipal police forces and its personnel were under the administrative and operational control and supervision of the %ffice of the )resident through the  #)%LC%'.

M$rti$* L$7 Re(i,e

P8 6 : otherwise known as the D*ntegration ct of 1<0E, dated > ugust 1<0F established and constituted the *ntegrated #ational )olice 7*#)9 composed of the )hilippine Constabulary 7)C9 as the nucleus and the integrated local police forces as components, under the 'inistry of   #ational =efense

-- transferred the #)%LC%' from the %ffice of the )resident to the ministry of #ational =efense

-- also transferred to the *#) the following powers and functions of the  #)%LC%'G training of policemen, establishment of the )olice *ntegrated Communications ystem, grant of police subsidy and temporary disability benefits, among others.

Post M$rti$* L$7 Re(i,e

"6ecutive %rder #o. 1A1+ : transferred to the city and municipal government the operational supervision and direction over  all *#) units assigned within their locality. "6ecutive %rder #o. 1A/A : transferred the administrative control and supervision of the *#) from 'inistry of #ational =efense to the #ational )olice Commission.

RA 64 : otherwise known as the D=epartment of the *nterior and Local 2overnment ct of 1AE, enacted on 1 =ecember 1A

-- reorgani;ed the =*L2 and established the )hilippine #ational )olice, 3ureau of $ire )rotection, 3ureau of ?ail 'anagement and the )hilippine )ublic afety College.

RA 3- : otherwise known as the )hilippine #ational )olice &eform and &eorgani;ation ct of 1>, enacted on 1>

-- amended certain provisions of  & 5<0.

P%i*i##i!e N$tio!$* Po*i"e

• %rgani;ed pursuant to & 5<0, as

amended by & >001

•  law enforcement agency under 

the operational control of the =epartment of the *nterior and

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Local 2overnment and administrative supervision of the  #ational )olice Commission

• *t is an organi;ation that is national

in scope and civilian in character 

• Beaded by the Chief, )#), with the

rank of =irector 2eneral

Arti"*e 9VI Se" 6 of t%e -43 P%i*i##i!e Co!stit)tio!

The tate shall establish and

maintain one police force, which shall be

national in scope and civilian in

character, to be administered and

controlled

by

a

national

police

commission. The authority of local

e6ecutives over the police units in their 

 4urisdiction shall be provided by law.

OBJECTIVES OF LAW ENFORCEMENTS / POLICE

1. time prevention : the detection suppression and prevention of crimes have traditionally been accepted as some of the primary goals of the local  police forces. ome authorities have ever defined crime preventions as the core mission of the police.

+. criminal apprehension : it is a police responsibility to identify, locate and apprehend offenders

. law enforcement : it is the basic responsibility of the police to enforce the law

/. order maintenance : one of the most troublesome responsibilities of the  police

0. public services : because the police is the most visible symbol of authority, they are called upon assist in situations like location of lost persons or   properties to provide H*), bank and

funeral escorts and other similar duties 5. traffic regulation and motor accident

investigation : the police are e6pected to ensure road safety for both  pedestrians and motorist and assist in cases of road accidents and emergencies N$tio!$* B)re$) of I!+esti($tio!

• a law enforcement agency

 patterned after the $ederal 3ureau of *nvestigation

• under the =epartment of 

?ustice

• headed by a =irector 

A"t No. -3- : created the =ivision of  *nvestigation 7=*9 of the =epartment of  ?ustice, dated #ovember 1>

)eople responsible for the creation of the  #3*

1. )resident 'anuel L. Iue;on +. Chief ?ustice ?ose bad antos . ecretary ?ose ulo

RA -  : created the #ational 3ureau of  *nvestigation, enacted on 1 ?une 1/< RA No 063 : recogni;e the #3*, dated 15A

B. PROSECUTION

The course of action or process whereby accusations are  brought before a court of   4ustice to determine the

innocence or guilt of the accused

*n a criminal action, it is a  preceding instituted and carried on by due course of  law, before a competent tribunal, for the purpose of  determining the guilt or  innocence of a person charged with the crime

The continuous following up, through instrumentalities carried by law, of a person accused of a public offense with steady and fi of reaching a 4udicial determination of the guilt or innocence of the accused

8)ties of $ Prose")tor;

1. To conduct preliminary investigation +. To make proper recommendation during

the inquest of the case referred to them  by the police after investigation of a

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. 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 controlF

/. To act as law officer of the province or  city in the absence of a legal officer and as legal adviser of all political instrumentalities and their officialsF and 0. To investigate administrative cases filed

against the tate )rosecutors including the support staff of the #ational )rosecution ervices.

THE NATIONAL PROSECUTION SERVICE <NPS=

• The principal prosecutory arm of 

the government

• *ts primary task is to investigate

and prosecute all criminal offenses defined and penali;ed under the &evised )enal Code and other  special laws.

Or($!i>$tio!$* Str)"t)re;

*t is composed of the %ffice of the Chief tate )rosecution 7)rosecution taff9, the &egional tate )rosecution %fficers and the )rovincial and City )rosecution %ffice. *t is prosecution attorneys and special counsels.

*t is the ecretary of the =epartment of ?ustice who e6ercise general supervision and control over the prosecutors throughout the country.

t the operational level, the Chief  tate )rosecutor, as the head of   )rosecutorial taff, is tasked with the implementation of the provision of laws, e6ecutive orders and rules and carries out the policies, plans, programs and pro4ects of  the =epartment relative to the investigation and prosecution of criminal cases.

A&&itio!$* Res#o!si'i*ities of $ Prose")tor;

*nvestigates, resolves, or recommends disciplinary action on all administrative cases filed against the state prosecutors,  provincial ( city prosecutors, including

the support staff of the #)F

&enders opinions on queries from  prosecutors regarding the violation of 

the &evised )enal Code and other penal laws and the proper legal interpretation thereofF

cts as the Hice Chairman of the 3oard of  Canvassers of the Commission on "lectionsF

cts as a law officer of the provincial ( city in the absence of legal officer and as legal adviser of all the political instrumentalities and their officials. cts as &egistrar of =eeds in the absence of 

the &egistrar of =eeds and the deputyF and

&epresents the %ffice of the olicitor-2eneral, and acts as deputi;ed pecial )rosecutor of the %mbudsman and of  the Commission of "lections when so deputi;ed.

Pre*i,i!$r I!+esti($tio!

n 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

*t is merely prosecutorial and is often the only means of  discovering the persons who may be reasonably charged with a crime to enable the  prosecutor to prepare his

complaint or information *t is not a trial of the case on the

merits and has no purpose e6cept that of determining whether a crime has been committed and whether there is a probable cause to believe that the accused is guilty thereof 

*t is required to be conducted  before the filing of the complaint or information for  an offense where the penalty  prescribed by law is at least four years, two months and one day without regard to fine. Pro'$'*e C$)se

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0

-. As '$sis i! "%$r(i!( #rose")ti!( #erso! 7it% $! offe!se;

)robable cause is the e6istence of such facts and circumstances as would e6cite a belief in a reasonable mind acting on the facts within the knowledge of the prosecutor that the  person charged id guilty of the crime for 

which he is prosecuted.

0. As $ (ro)!& for $! $rrest or iss)$!"e of 7$rr$!t of $rrest;

)robable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to  believe that an offense has been committed by the person sought to be arrested.

2. As #rote"tio! $($i!st f$*se #rose")tio! $!& $rrest;

)robable cause is the knowledge of facts, actual or apparent, strong enough to 4ustify a reasonable mind in the belief that he has lawful grounds for arresting the accused.

OBJECTIVES OF PRELIMINARY INVESTIGATION

To protect the innocent against hasty, oppressive and malicious  prosecutionF

To secure the innocent from an open and public accusation of trial, from the trouble of e6pense and an6iety of a public trialF

To protect the tate from useless and e6pensive trials.

OFFICERS AUTHORI?E8 TO

CON8UCT PRELIMINARY

INVESTIGATION;

• )rovincial or City )rosecutors

and their assistants

• ?udges of the 'unicipal Trial

Courts and 'unicipal Circuit Trial Courts

•  #ational and &egional tate

)rosecutors

• %ther officers as may be

authori;ed by lawG

Tanodbayan8s special  prosecutors as authori;ed  by the %mbudsman

C%'"L"C8s authori;ed legal officers in connection with election offenses

pecial prosecutors appointed  by the ecretary of ?ustice PROCE8URE OF PRELIMINARY INVESTIGATION

$."o!&)"te& ' t%e i!+esti($ti!( #rose")tor;

-. There must be a complaint accompanied by the affidavit of the complainant and his witness as well as their other supporting documents to establish probable cause. The number of copies shall be same as the number of respondents plus additional two for the official file. These shall be filed with the  prosecutor8s office.

0. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within te! <-@= &$s after filing of the complaint.

2. The respondent shall submit his counter-affidavit and that of his witness within te! <-@= &$s  from receipt of subpoena.

*f respondent cannot be subpoenaed or if he failed to submit his counter-affidavit within the prescribed period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complaint. 5. The investigating prosecutor may set

a hearing if there are facts or issues to  be clarified. 3oth parties can be  present but they cannot e6amine or 

cross-e6amine either party. They can submit questions to be ask by the investigating prosecutor. The hearing shall be held within te! <-@= &$s from the submission of the counter-affidavit or from the e6piration of the  period of submission. The hearing

shall be terminated with fi+e <= &$s.

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5

. !ithin te! <-@= &$s after the investigation, the investigating  prosecutor shall determine whether or 

not there is sufficient ground to hold the respondent fro trial. The termination of the hearing shall be the end of the investigation.

6. *f the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. Be shall forward the record of the case to the provincial or  city prosecutor or chief state  prosecutor within fi+e <= &$s  from his resolution. *f the investigating  prosecutor recommends dismissal of 

the case, the same procedure shall apply. The provincial, city, or chief   prosecutor shall act on the resolution

within te! <-@= &$s from receipt and shall immediately inform the parties of such action. #o complaint or  information may be filed or dismissed  by the investigating prosecutor 

without the prior written authority or  approval of the provincial, or city, or  chief state prosecutor.

. *f the investigating prosecutor  recommends the filing of the case but the provincial, city, or chief state  prosecutor disapproves and wants the case dismissed, the provincial, city, or  chief state prosecutor may dismiss the case without need for another   preliminary investigation. *f the

investigating prosecutor recommends dismissal of the case but the  provincial, city, or chief state  prosecutor finds probable cause, the  provincial, city, or chief state  prosecutor may file the information with the court without need for  another preliminary investigation. 3. *n case either party is not satisfied

with the findings of the provincial, city, or chief state prosecutor, he may submit his petition with the ecretary of 4ustice. T%e Se"ret$r of J)sti"e %$s t%e #o7er to ,o&if t%e reso*)tio! of t%e #ro+i!"i$* "it or "%ief st$te #rose")tor. The ecretary of ?ustice may affirm or reverse the resolution of the provincial, city, or  chief state prosecutor without conducting another preliminary investigation.

'. "o!&)"te& ' t%e i!+esti($ti!( )&(e; 1. !ithin te! <-@= &$s after the

 preliminary investigation, the investigating 4udge shall transmit the resolution of the case to the  provincial, city, or chief state  prosecutor for appropriate action. +. !ithin t%irt <2@= &$s from receipt

of the records of the case, the  provincial, city, or chief state  prosecutor shall review the resolution of the investigating 4udge on the e6istence of probable cause.

I!)est

- an informal and summary

investigation conducted by a  public prosecutor in criminal cases i!+o*+i!( #erso!s $rreste& $!& &et$i!e& 7it%o)t t%e 'e!efit of $ 7$rr$!t of $rrest issued by the court for the purpose of  determining whether or not said persons should remain under custody and correspondingly be charged in court.

I!)est Offi"ers

-  prosecutors assigned to

inquest duties by the  provincial or city prosecutor 

- they shall discharge their 

functions during the hours of  their designated assignments, which might be done at the police stations in order to e6pedite inquest  proceedings.

C. COURT

• a governmental body officially

assembled under authority of law at the appropriate time and place for the administration of 4ustice through which the state enforces its sovereign rights and power 

• an organ of the government,

 belonging to the 4udicial department, whose function is

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the application of the laws to controversies brought before it and public administration of   4ustice

• a body to which the public

administration of 4ustice is delegated through its sovereign rights and power.

T7oDFo*& Ro*e of t%e Co)rt

1. s a participant, the court must decide the culpability or innocence of the accused after its trial on merit. *f 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. %n eh other hand, if the  prosecution fails to show the guilt of the accused for insufficiency of evidence, he would be e6onerated or acquitted and order the release from prison if he is under detention unless he has no other pending cases where he fails to  post bail for his provincial release. +. s a supervisor, the Court has a noble

mission as a protector of human rights. These rights refer Dto those rights which are inherent in our nature and without which we can not live as human  beings.E The main function of the court is to promote 4ustice in order to obtain  peace, satisfaction and happiness of the citi;enry. Corollary to this, the 4udge should e6hibit impartiality in his decision to the contentment of all litigants.

F)!"tio!s of t%e Co)rt

-. To #rote"t t%e ri(%ts of t%e $"")se&;

The courts are responsible for reviewing the actions of law enforcement agencies to ensure that the police have not violated the legal rights of the accused. imilarly, the courts are given the authority and responsibility to review the actions of other agencies of  criminal 4ustice to ensure that their actions do not violate the rights of the convicted offender.

0. To &eter,i!e ' $** $+$i*$'*e *e($* ,e$!s 7%et%er $ #erso! is ()i*t of $ "ri,e;

&eview of all evidence presented by the police or private citi;ens to determine its relevance and admissibility according to established guidelines of acceptability is the responsibility of the courts. The courts also e6amine the circumstances that surround the crime as it relates to the issues it must ad4udicate

2. To &is#ose #ro#er* of   t%ose "o!+i"te& of "ri,es;

  The courts have the responsibility to e6amine the  background of the accused and the circumstances of a crime. $rom this information and according to e6isting applicable laws, the court considers possible sentencing alternatives and then selects the most proper form of  disposition for the convicted offender.

5. To #rote"t so"iet;

fter the accused has been found guilty and after  the consideration of all factors, the court must determine if the offender should be removed from the society and incarcerated to  protect the safety of life and  property.

. To #re+e!t $!& re&)"e "ri,i!$* 'e%$+ior;

This is the task of  imposing the proper penalties and sanctions that will serve to deter future criminal acts by the offender and also to serve as an e6ample and a deterrent to other  who would commit criminal acts or threaten public safety.

J)&i"i$r

• That branch of the government

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>

• That branch of the government

which is empowered to interpret, construe and apply the law.

J)&i"i$* Po7er

The power to apply the laws to contest or disputes concerning legally recogni;ed rights or duties of and  between the state and the private  persons or in between individual litigants in cases properly brought  before the 4udicial tribunals.

The authority to settle 4ustifiable controversies or disputes involving rights that are enforceable and demandable before the courts of   4ustice.

S"o#e of J)&i"i$* Po7er -. A&)&i"$tor #o7ers

a. to settle actual controversies involving rights which are legally demandable and enforceableF and

 b. to determine whether there has  been abuse of discretion amounting to lack or e6cess of   4urisdiction on the part of any  branch of the government. 0. Po7er of )&i"i$* re+ie7

a. to pass upon the validity or  constitutionality of the laws of  the tate and the acts of the other departments of the government

 b. to interpret themF and c. to render binding 4udgment 2. I!"i&e!t$* #o7ers

- *ncludes the incidental

 powers necessary to the effective discharge of the  4udicial functions such as the  power to punish a person

ad4udged in contempt. JU8GE : a public officer so named in his commission and appointed to preside over  and to administer the law in a court of   4ustice.

RA -04 : otherwise known as the J)&i"i$r Reor($!i>$tio! A"t of -434

JURIS8ICTION : the power and authority of a court to hear, try and decide cases. ORGANI?ATION AN8 JURIS8ICTION OF THE COURTS

Re()*$r Co)rts $. S)#re,e Co)rt

• Composed of a Chief ?ustice and

fourteen 71/9 ssociate ?ustices

• may sit either en banc or t its

discretion, in division of three 79, five 709 or seven 7<9 members

• shall have administrative

supervision over all courts and their   personnel

• shall have the power to discipline

 4udges of lower courts

• shall have appellate 4urisdiction

over cases decided by the C

• shall have the power of automatic

review of cases sentenced with death penalty

• shall have the power of 4udicial

review

• shall have the power to issue writs

'. Co)rt of A##e$*s

• Composed of 5 ?ustices, headed

 by a )residing ?ustice

• %perates in + divisions, each

comprising three 79 members

• its en banc only to e6ercise

administrative, ceremonial or other  non-ad4udicatory functions

• Bas appellate 4urisdiction over 

cases decided by the &TC

• Bas the power to order a new trial

". Re(io!$* Tri$* Co)rt

•  presided by seven hundred twenty

7<+A9 &egional ?udges in each of  the regions of the country

• has general 4urisdiction over 

criminal cases

• has 4urisdiction overG

1. offenses punishable with imprisonment e6ceeding si6 years and one day or a fine e6ceeding )/,AAA.AA, or   both

(9)

• has appellate 4urisdiction over cases

decided by the 'etropolitan Trial Court, 'unicipal Trial Court and 'unicipal Circuit Trial Court &. Metro#o*it$! Tri$* Co)rt

• %ne in each metropolitan city or 

municipality

• Bas 4urisdiction overG

1. violations of city or   municipal ordinances

+. %ffense punishable with imprisonment not e6ceeding si6 years or a fine of not more than )/,AAA.AA or both. e. M)!i"i#$* Tri$* Co)rt

• one in every city not forming part

of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit

• has 4urisdiction overG

violations of city or municipal ordinances

%ffense punishable with imprisonment not e6ceeding si6 years or a fine of  not more than )/,AAA.AA or both.

f= M)!i"i#$* Cir")it Tri$* Co)rt %ne in each area defined as a municipal

circuit comprising one more cities and(or one or more municipalities grouped together according to law Bas 4urisdiction overG

violations of city or municipal ordinances

offenses punishable with

imprisonment not e6ceeding si6 years or a fine of not than )/AA,AA.or both

S#e"i$* Co)rts

$= Co)rt of T$1 A##e$*s

• Created under &epublic ct

 #o. 11+0

• Composed of three 4udges,

headed by a )residing ?udge

• Bas e6clusive appellate

 4urisdiction to review on appeal decision of the

Commissioner of the 3ureau of *nternal &evenue involving internal revenue ta6es and decision of the Commission of the 3ureau of Customs involving customs duties '= S$!&i($!'$$!

• Created pursuant to )= 15A5 • Composed of fifteen 7109

?ustice, headed by )residing ?udge

• %perates in five 709 divisions

each comprising three 79 members

• Tasked to handle criminal

cases involving graft and corruption and other offenses committed by public officers and employees in connection with the performance of their functions

"= S%$ri$ Co)rt

• Created pursuant to )= 1A>,

otherwise known as the DCode of 'uslim )ersonal Laws of the )hilippinesE.

• Created as part of the 4udicial

system

• Courts of limited 4urisdiction

known as the haria =istrict Court are presided =istrict ?udge

• haria circuit trial courts are

 presided by circuits 4udge &= )$siD )&i"i$* $(e!"ies

• dministrative bodies under

the e6ecutive branch  performing quasi-4udicial

function, such as the #ational Labor &elation Commission, the "mployees Compensation Commission the ecurities and "6change Commission.

C%'"L"C and others. e= Co)rt M$rti$*

• gency of e6ecutive character

(10)

1A

Commanded-in- Chief of the rmed $orces of the

)hilippines

IN8S OF JURIS8ICTION OF COURT -. Ge!er$*D when it is empowered to

decide all disputes which may come  before e6cept those assigned to other 

courts 7e.g 4urisdiction of the &TC9 0. Li,ite&Dwhen it has authority to

hear and determine only a few specified cases 7e.g 4urisdiction of special courts9

2. Ori(i!$*D when it can try and hear a case presented for the first time 5. A##e**$teD when it can try a case

already heard and decide by a lower court, removed from the latter by appeal

. E1"*)si+eD when it can try and decide a case which cannot be  presented before any other court 6. Co!")rre!tDwhen any of two courts

may take cogni;ance of a case . Cri,i!$*D that which e6ists for the

 punishment of crime

3. Ci+i*Dthat which e6ists when the sub4ect matter is not criminal in nature 7e.g annulment, adoption, child custody9

8ECISIOND the 4udgment rendered by a court of 4ustice or other competent tribunals.

PERIO8 OF REN8ERING 8ECISION

-. upreme Court- within twenty-four  7+/9 months

0. Court of ppeals- and other

collegiate appellate courts : within 71+9 months

2.  *nferior Courts- within three 79 unless reduced by the upreme Court

JU8GEMENT

• The ad4udication by the court that

the accused is guilty of the offense charged and the

imposition of the proper penalty and civil liability, if any

• *t must be written in the official

language, personally and directly

 prepared by the 4udge and subscribed by him

• hall contain clearly and

distinctly a statement of the facts and the laws upon which it is  based.

CONTENTS OF JU8GEMENT $= )&(,e!t of "o!+i"tio!;

• the legal qualification of the

offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended commission

• the participation of the accused

in the offense, whether as  principal, accomplice or

accessory after the fact

• the penalty imposed upon the

accused

• the civil liability or damages

caused by his wrongful act or omission to be recovered from the accused by the offended party unless the enforcement of the civil liability by a separate civil action has been reserved or waived

'= )&(,e!t of $")itt$*;

• shall state whether the evidences

of the prosecution absolutely failed to prove the guilt of the accused of merely failed to  prove his guilt beyond

reasonable doubt

PROMULAGATION OF JU8MENT

• 3y reading in the presence of

the accused and any 4udge of the court in which it was rendered.

• *f the 4udge is absent the

 4udgment maybe promulgated  by the clerk of court.

8. CORRECTION

• That branch of administration

of criminal 4ustice with the charged with the responsibility for custody, supervision and

(11)

11

rehabilitation of convicted offenders

• The combination of public and

 private services with legal authority to provide for the care, custody and control of those convicted of a criminal offense

•  The programs, services and

institution responsible for those individuals who are accused and or convicted of criminal offenses

Pe!o*o(Da branch of criminology which deals with management and administration of inmates. Pe!$*tD the suffering that is inflicted by the tate for the transgression of the law

T%eories J)stifi!( Pe!$*t

1. Pre+e!tio!D the tate punishes the criminal to prevent or suppress the danger to the tate and to the public arising from the criminal acts of the offender  +. Se*fD&efe!seD the tate

 punishes the criminal as a measure or self-defense so as to  protect society from the threat

and wrong inflicted by the criminal

. Refor,$tio!D it is duty of the tate to take care of and reform the criminal

/.  E1e,#*$ritD the criminal  punished to serve as an

e6ample to discourage others from committing crimes. 0. J)sti"eD based on the theory

that crime must be punished by the tate as a fact of retributive  4ustice.  vindication of

absolute right and moral law violated by the criminal. J)ri&i"$* Co!&itio!s of Pe!$*t

1.  )&i"i$* $!& *e($*D it must be imposed by virtue of a

 4udgment as prescribed by law

+. &efi!iteD it must be specific

. "o,,e!s)r$te-it must be  proportional to the gravity of

the crime

/. #erso!$*D it must be imposed to the person who actually committed the crime with no substitutes

0. e)$*D it must apply to all offenders

Priso!s

• institutions for confinement

of convicted offenders sentenced to more than three 79 years of imprisonment

• derived from the

2reco-&oman word DpresidioE

• administered by the national

government under the 3ureau of Corrections

• lso called national prisons

and also includes penal colonies and farm.

Priso! *$7D basic law in the )hilippines if )risons ystem found in the &evised dministrative Code

P%i*i##i!e Priso! Sste,D patterned after the  $ederal )rison ystem

PENAL INSTITUTION -= Ne7 Bi*i'i& Priso!

• Located 'untinlupa, 'etro 'anila • Constructed in 15

• ppro6imate 00+ hectares • Bas two satellite units

i. Camp ampaguita  :medium security ii. 3ukang Liwayway

Camp-medium security

• The youth &ehabilitation Center

and the &eception and =iagnostic Center is located at Camp

ampaguita

• !ithin its compound is where the

3ureau of Corrective Central %ffice is located

(12)

1+

i. ma6imum security compound • offenders whose ma6imum sentence is twenty 7+A9 years

• sentence is under review of the upreme Court • recidivist, escapees and under disciplinary  punishment ii. medium security

compound

• offenders whose

minimum sentence is  below 7+A9 years

• first time offenders originality classified under ma6imum security who have served five709 years of good conduct iii. minimum security

compound

• an open camp

with less restriction

• offenders who

are si6ty five7509 years old and above • offenders who are medically certified as invalid and  physically disabled • offenders whose remaining period in their sentence is at least si6 months 0= Corre"tio!$* I!stit)tio! for Wo,e!

• Located in 'andaluyong City

• The only prison facility for

national female convicted  prisoners

• "stablished in 11 pursuant to

ct #o. 0<

• 'easures 1> hectares

2= I7$%i( Priso! $!& Pe!$* F$r,

• Located in *wahig,)uerto

)rincesa City. )alawan

• "stablished on 15 #ovember

1A/ pursuant to

&eorgani;ation ct 1/A<

• 'easures 5,AAA hectares • =ivided into four 7/9

sub-colonies

i. ta.lucia ii. *nagawan iii. 'ontible iv. Central

• *t administers the Tagumpay

ettlement

5= S$! R$,o! Priso! $!& Pe!$* F$r,

• Located in Jamboanga del ur • "stablished in 1><A by Capt.

&amon 3lanco, of the panish &oyal rmy, and was named after Capt. 3lanco8s father8s  patron saint

• "stablished for political

 prisoners

• 'easures more than 1,0AA

hectares

• Bas three of securityG

minimum, medium and ma6imum

= 8$+$* Pe!$* Co*o!

• Located in Tagum, =avao del

 #orte

• "stablished on +1 ?anuary

1+ pursuant to ct #o. <+

• 'easures 1> hectares • Bas two sub-colonies

i. )anbo ii. Kapalong

• Bas only two levels of

securityG minimum, and medium

• %perates Tanglaw settlement

for released prisoners as homesleaders

(13)

1

6= S$'*$$! Pe!$* Co*o! $!& F$r,

• Located in ablayan, an

?ose. %ccendental 'indoro

• "stablished on +< eptember

10/ pursuant to )roclamation #o.<+

• Bas four 7/9 sub- colonies

i. Cental ii. )asugul iii. )usog iv. apang = Lete Re(io!$* Priso!

• Located in buyog, Leyte • "stablished on 15 ?anuary

1<

• Bas three levels of securityG

minimum, medium and ma6imum

• Bas receiving and processing

station J$i*s

• *nstitution for confinement of

convicted offenders sentenced to imprisonment of three 79 years or less and offenders awaiting and(or

undergoing trial

• =erived from the panish words

D4auloE and DcaulaE and $rench word DgaolE

• )rovince 4ails are administered and

supervised by their respective  provincial government

• City and municipal 4ails are

administered and supervised by the 3ureau of ?ail of 'anagement and )enology

T#es of J$i*s

1. *o"D)#D security facility for the temporary detention of persons held for investigating or waiting  preliminary hearing, usually the  period of detention does not

e6ceed forty eight 7/>9 hours +. Or&i!$rD$i*D institutions for

confinement of convicted offenders sentenced to

imprisonment of three 79 years or

less and offenders awaiting and or undergoing that.

. 7or%o)se $i*D faiths or camps P8 04D t%e *$7 t%$t "*$ssifie& #riso!ers C*$ssifi"$tio! of Priso!ers

$.= A""or&i!( to st$t)s

-= 8ete!tio! #riso!ersD those held for security reasonsF held for investigationF those awaiting final 4udgmentF those awaiting trial

0= Se!te!"e& #riso!ersD those convicted by final 4udgment

'.= A""or&i!( to P8 04;

19 I!s)*$r or !$tio!$* #riso!ersD those whose sentence is three years and one day to death or whose fine is more than si6 thousand 7)5, AAA.AA9 or  both.

+9 Cit/#ro+i!"i$* #riso!erD those whose sentence is less than three 79 years but over si6 759 months or whose fine is less than si6 thousand  pesos 7)5,AA.AA9 but more than two

hundred pesos 7)+AA.AA9, or both. 9 M)!i"i#$* #riso!erD those whose

sentence is not more than si6 months or whose fine is not more than two hundred pesos 7)+AA.AA9, or both ".= $""or&i!( to se!te!"e / fo)r ,$i! "*$sses of  #riso!ers

1.9 i!s)*$r / !$tio!$* #riso!er : one who is sentenced to serve a prison term of three years and one day to death +.9 #ro+i!"i$* #riso!er : one who is

sentenced to serve a prison term of si6 months and one day to three years .9 "it #riso!er : one who is sentenced to

serve a prison term of one day to three years

/.9 ,)!i"i#$* #riso! : one who is

sentenced to serve a prison term of one day to si6 months

(14)

1/

E1e")ti+e C*e,e!"D collective term for absolute pardon, conditional pardon and commutation of sentence.

P$r&o! : an act of grace proceeding from the  power entrusted with the e6ecution of the laws

which e6empts the individual on whom is to  bestowed from the punishment the law inflicts

for a crime he has committedG pardoning power is e6ercised by the )resident.

i!&s of P$r&o!

19 A'so*)te #$r&o!D the e6tinction of the criminal liability of the individual to whom it is granted without any condition( and restores to the individual his civil rights.

+9 Co!&itio!$* #$r&o!D  - the e6tinction of  the criminal liability of the individual within certain limits or conditions( from the punishment which the law inflicts for  the offense he has committed.

Effe"ts of P$r&o!

19 *t removes penalties and disabilities and restores full civil and political rightsF +9 *t does not discharge the civil liability of 

the convict to the individual he has wronged, as the )resident has no power to  pardon a private wrongF

9 *t does not restore officers, property or  rights vested in other in consequence of  the conviction. nder our law, as a pardon shall not work the restoration of the rights to hold public office or the right of  suffrage unless such rights be e6pressly restored by the pardon.

/9 *n case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may be granted without the recommendation of the Commission on "lections.

E*i(i'i*it for Co!&itio!$* P$r&o!

Be must have served at least one half  71(+9 of the minimum of his indeterminate sentence or the following portions of his prisons sentenceG

• t least two 7+9 years of 

minimum sentence of   convicted of 'urders or 

)arricide but not sentenced to &eclusion )erpetua

• t least one 719 year of 

minimum sentence if convicted of Bomicide

• t least nine 79 months if 

convicted of $rustrated Bomicide

• t least si6 759 months if 

convicted of ttempted Bomicide

Co,,)t$tio! of se!te!"eD an e6ecutive clemency changing a heavier sentence to a less serious one, or a longer prison sentence consisting of &eclusion )erpetua.

E*i(i'i*it for "o,,)t$tio! of se!te!"e

Be must have severed at least one third 71(9 of the minimum of his indeterminate sentence or the following portions of his prison sentence consisting of &eclusion )erpetuaG

• t least ten 71A9 years if 

convicted of &obbery with Bomicide. &obbery with &ape. %r Kidnapping with 'urder 

• t least eight 7>9 years

convicted of imple 'urder, )arricide, &ape or violation of  anti-drug laws

• t least twelve 71+9 years if 

given two or more sentences of  &eclusion )erpetua

• t least twenty 7+A9 years in

case of two 7+9 sentences of  &eclusion )erpetua provided that at least one 719 of the sentences had been automatically commuted from a death sentence

Re#rie+eD the postponement of the e6ecution of  a death sentence

(15)

10

A,!est :  an act of the sovereign power  granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a  political character such as treason, sedition or 

rebellion.

P$ro*e :  a method by which prisoners who has served a portion of his sentences is conditionally released but remains in legal custody, the condition being in case of misbehavior, ha shall  be imprisoned

E*i(i'i*it for P$ro*e

 prisoner shall be eligible for the grant of parole upon showing that is confined in 4ail or   prison to serve indeterminate prison sentences,

the ma6imum period of which e6ceeds one 719 year, pursuant to final 4udgment of conviction and that he has served the minimum period of  said sentences less the good conduct time allowance earned.

Goo& Co!&)"t ti,e A**o7$!"e :   the statutory shortening of the ma6imum sentence of an inmate because of good behaviorG granted by the =irector of )risons

A**o7$!"e for (oo& "o!&)"t

The good conduct of any prisoner of  any penal institution shall entitle him to the following deduction from the period of his sentenceG

$irst two years 0 days deduction for each month 75A days, year9

rd to 0th year > days

deduction for each month 75 days, year9

5th  to 1Ath 1A days deduction

for each month 71+A days, year9

11th year onwards 10 days for 

each month 71>A days, year9

Pro'$tio! a disposition under which defendant, after conviction and sentence, is released sub4ect to the condition imposed by the court and to the supervision of a probation officer, derived from the

Latin word DprobareE which means Dto proveE

Jo%! A)()st)sD father of modern probation Teo&o*o N$ti+i&$&D father of )hilippines  probation

A"t No. 500-D the first probation law enacted on < ugust 10 declared unconditional on 15  #ovember 1< by the landmark case )eople vs

Hera < %.2 15/

P8 463D  otherwise known as )robation Law of  1<5

E. COMMUNITY

RA -6@D the law that created the Katarungang )ambarangay 7 3arangay ?ustice ystem9

J)ris&i"tio! of t%e B$r$!($ 19 offenses  punishable  by imprisonm ent not e6ceeding one 719 year  +9 fine not e6ceeding five thousand  pesos 7) 0, AAA.AA9

L)#o! : shall be composed of ten 71A9 to twenty members appointed by 3arangay Chairman. )$*ifi"$tio! of L)#o! ,e,'ers

1. any person actually residing or working in the barangay

+. possessing integrity, impartially, independence of mind, sense of fairness and reputation of probity

(16)

15

. has e6pressed his willingness to serve as member 

/. not otherwise disqualified by the law

C$ses or &is#)tes t%$t $re !ot t%e s)'e"t ,$tter for $,i"$'*e sett*e,e!t ' t%e L)#o!

1. where one party is the government or  any subdivision

+. where one party is a public officer or  employees and the disputes relates to the performance of his official functions . offences punishable by imprisonment e6ceeding one 719 year or fine e6ceeding )0,AAA.AA

/. offences where is no private offended  party

0. disputes involving parties actually reside in barangays of different cities or  municipalities, unless the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon

C$)se of A"tio!  : an act or omission of one  party in violation of the legal rights of the other 

for which the latter suffers damage which affords a party to a right 4udicial intervention.

Ar'itr$tio!  : the settlement of disputes by a  person chosen hear by both sides and to come to

References

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