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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. LL! ! "#"#$%$%&C"&C"'"'"#T #T ( )( )%L%L*C*C"" + +.. ))&&%%""CCTT**%%## .. 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. eecocondndarary 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
+
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 , 1A1, 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 Dn ct )roviding for the %rgani;ation and 2overnment of an *nsular Constabulary, passed on 1> ?uly 1A1.
A"t No. 00 : the act that renamed the insular Constabulary into )hilippine Constabulary, passed on %ctober 1A1. 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 155, dated > eptember 155 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 1AE, enacted on 1 =ecember 1A
-- 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
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 063 : recogni;e the #3*, dated 15A
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
/
. 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
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.
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
<
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
>
• 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 79, 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 79 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
• 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 79 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
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 79 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
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!$*tD the suffering that is inflicted by the tate for the transgression of the law
T%eories J)stifi!( Pe!$*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,$tio!D it is duty of the tate to take care of and reform the criminal
/. E1e,#*$ritD 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 79 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! Sste,D patterned after the $ederal )rison ystem
PENAL INSTITUTION -= Ne7 Bi*i'i& Priso!
• Located 'untinlupa, 'etro 'anila • Constructed in 15
• ppro6imate 00+ hectares • Bas two satellite units
i. Camp ampaguita :medium security ii. 3ukang Liwayway
Camp-medium security
• The youth &ehabilitation Center
and the &eception and =iagnostic Center is located at Camp
ampaguita
• !ithin its compound is where the
3ureau of Corrective Central %ffice is located
1+
i. ma6imum security compound • offenders whose ma6imum sentence is twenty 7+A9 years• sentence is under review of the upreme Court • recidivist, escapees and under disciplinary punishment ii. medium security
compound
• offenders whose
minimum sentence is below 7+A9 years
• first time offenders originality classified under ma6imum security who have served five709 years of good conduct iii. minimum security
compound
• an open camp
with less restriction
• offenders who
are si6ty five7509 years old and above • offenders who are medically certified as invalid and physically disabled • offenders whose remaining period in their sentence is at least si6 months 0= Corre"tio!$* I!stit)tio! for Wo,e!
• Located in 'andaluyong City
• The only prison facility for
national female convicted prisoners
• "stablished in 11 pursuant to
ct #o. 0<
• 'easures 1> hectares
2= I7$%i( Priso! $!& Pe!$* F$r,
• Located in *wahig,)uerto
)rincesa City. )alawan
• "stablished on 15 #ovember
1A/ pursuant to
&eorgani;ation ct 1/A<
• 'easures 5,AAA hectares • =ivided into four 7/9
sub-colonies
i. ta.lucia ii. *nagawan iii. 'ontible iv. Central
• *t administers the Tagumpay
ettlement
5= S$! 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
1
6= S$'*$$! Pe!$* Co*o! $!& F$r,
• Located in ablayan, an
?ose. %ccendental 'indoro
• "stablished on +< eptember
10/ pursuant to )roclamation #o.<+
• Bas four 7/9 sub- colonies
i. Cental ii. )asugul iii. )usog iv. apang = Lete 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 79 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!$rD$i*D institutions for
confinement of convicted offenders sentenced to
imprisonment of three 79 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 79 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
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 79 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$tio! of se!te!"e
Be must have severed at least one third 71(9 of the minimum of his indeterminate sentence or the following portions of his prison sentence consisting of &eclusion )erpetuaG
• t least ten 71A9 years if
convicted of &obbery with Bomicide. &obbery with &ape. %r Kidnapping with 'urder
• t least eight 7>9 years
convicted of imple 'urder, )arricide, &ape or violation of anti-drug laws
• t least twelve 71+9 years if
given two or more sentences of &eclusion )erpetua
• t least twenty 7+A9 years in
case of two 7+9 sentences of &eclusion )erpetua provided that at least one 719 of the sentences had been automatically commuted from a death sentence
Re#rie+eD the postponement of the e6ecution of a death sentence
10
A,!est : an act of the sovereign power granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a political character such as treason, sedition or
rebellion.
P$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
$irst two years 0 days deduction for each month 75A days, year9
rd to 0th year > days
deduction for each month 75 days, year9
5th to 1Ath 1A days deduction
for each month 71+A days, year9
11th year onwards 10 days for
each month 71>A days, year9
Pro'$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 10 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
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
