Criminal

Justice
System
 SAMPLE QUESTIONS:
Which of the pillars of Philippine
Criminal
Justice is the __
1. “prime mover”?
POLICE PILLAR
2. “investigator/state representative?
PROSECUTION PILLAR
3. “arbiter of justice/center pillar”?
COURT PILLAR
4. “reformer"/weakest?
CORRECTION PILLAR
5. “base pillar”/informal?
COMMUNITY PILLAR

The superstar in the CJS?

CRIMINAL
The forgotten person in the CJS?
VICTIM
SAMPLE QUESTIONS:
What does the __ symbolizes in the context
of
the criminal justice system?
1. The lady justice
- divine rightness of law
2. The balance
- truth and fairness
3. The sword
- power of reason
4. The blindfold
- IMPARTIALITY!

5. What do you call the hammer look

like
use by the judge to open/close
court
session or maintain order inside
the court?

-Mallet or Gavel
 DEFINITION OF TERMS
• Criminal
= (Criminological point of view) a person
who committed a crime.
= (Legal Point of view) a person who has
been found guilty by final judgment by court
of competent jurisdiction.
• Justice = can be described in two basic
principles: (a) giving what is due to others,
and (b) treating equals equally and unequal
unequally according to their inequality.
• System = refers to a process, procedure or
scheme which is to be undertaken in order to
achieve certain ends.
 CRIMINAL JUSTICE VS.
CRIMINOLOGY

• Criminal justice is the study of various

governmental agencies which are
responsible in processing law violators.
(Specifically referring to government agencies in
charge in processing law violators)

• Criminology entire body of knowledge

regarding crime as a social
phenomenon.
CRIMINAL JUSTICE SYSTEM
• The sum total of instrumentation which a
society uses in the prevention and control of
crime and delinquency.
• The machinery of the state or government
which enforces the rules of conduct necessary
to protect life and property and to maintain
peace and order.
• Comprises all means used to enforce these
standards of conduct, which are deemed
necessary to protect individuals and to
maintain general well-being of the
community.
 MODELS OF CRIMINAL
JUSTICE SYSTEM
• Due Process Model
=the accused is presumed innocent until
proven guilty beyond reasonable doubt. It is
the duty of the prosecution to prove that
the accused is guilty. Rights of an individual
is co-equal with the safety of the public.
• Crime Control Model
= the accused is presumed guilty and it
is his obligation to prove his innocence. The
most important function of the CJS is the
protection of the public.
PILLARS OF THE CRIMINAL JUSTICE
SYSTEM

United States Philippines(LPCC

(LCC) C)
Law Law
Enforcement Enforcement

Prosecution
Court
Court

Correction Correction
 CRIMINAL JUSTICE SYSTEM

Law Enforcement Suspect

Prosecution Respondent

Offender Court Accused

Appellant/Petitioner

Correction Convict / Criminal

Pardonee/Parolee/Probationer
“Client”
Community
Katarungang Pambarangay
 Major steps in the processing of a
criminal case:
• Report of the crime – Who?
• Pre-arrest investigation
• Arrest
• Booking
• Post-arrest investigation
• Preliminary investigation
• Arraignment and Plea
• Pre-trial
• Trial
• Judgment
• Appeal
FIRST PILLAR: LAW
ENFORCEMENT
• = The first pillar of the Philippine
Criminal Justice System.
• = The initiator of the criminal
justice cycle. Its actions and
decisions essentially control or
dominate the activities or functions
of the other pillars.
• = Its primary goal is crime
prevention.
VARIOUS LAW ENFORCEMENT AGENCIES:

• The Philippine National Police (P.N.P.)

• The National Bureau of Investigation (N.B.I.)
• The Philippine Drug Enforcement Agency
(PDEA)
• The Bureau of Internal Revenue (BIR)
• The Bureau of Customs
• The Land Transportation Office (LTO)
• Metro Manila Development Authority (MMDA)
• others
 BRIEF HISTORY OF THE
PHILIPPINE POLICING SYSTEM
• The institution of police in the
Philippines formally started
during the Spanish period
(Guardia Civil). The
establishment of the police
force was not entirely intended
for crime prevention or
peacekeeping. Rather, it was
created as an extension of the
colonial military establishment.  
• Ancient Roots
The forerunner of the
contemporary police system was the
practice of barangay chieftains to
select able-bodied young men to
protect their barangay during the
night and were not required to work
in the fields during daytime. Among
the duties of those selected were to
protect the properties of the people
in the barangay and protect their
crops and livestock from wild
animals.
Spanish Period
• Carabineros de Seguridad Publica –
organized in 1712 for the purpose of carrying
the regulations of the Department of State;
this was armed and considered as the
mounted police; years after, this kind of
police organization discharged the duties of a
port, harbor and river police
• Guardrilleros – this was a body of rural
police organized in each town and
established by the Royal Decree of 18
January 1836; this decree provided that 5%
of the able-bodied male inhabitants of
each province were to be enlisted in this
police organization for three years.
• Guardia Civil – this was created by a Royal
Decree issued by the Crown on 12 February 1852
to partially relieve the Spanish Peninsular troops of
their work in policing towns; it consisted of a body
of Filipino policemen organized originally in each of
the provincial capitals of the central provinces of
Luzon under the Alcalde Mayor
American Period
The Americans established the United States
Philippine Commission headed by General
Howard Taft as its first governor-general. On
January 9, 1901, the Metropolitan Police
Force of Manila was organized pursuant to
Act No 70 of the Taft Commission. This has
become the basis for the celebration of the
anniversary of the Manila’s Finest every January
9th.
• Act No 175 – entitled “An Act Providing for the
Organization and Government of an Insular
Constabulary”, enacted on July 18, 1901.

• Act No 183 – Creation of the Manila Police

Department (MPD), July 31, 1901.

• Act No 255 – the act that renamed the Insular

Constabulary into Philippine Constabulary,
enacted on October 3, 1901

• Executive Order 389 – ordered that the Philippine

Constabulary be one of the four services of the
Armed Forces of the Philippines, enacted on
December 23, 1940.
Post-American Period
 
• RA 4864 – otherwise known as the
Police Professionalization Act of
1966, enacted on September 8, 1966;
created the Police Commission
(POLCOM) as a supervisory agency to
oversee the training and
professionalization of the local police
forces under the Office of the President;
later POLCOM was renamed into
National Police Commission
(NAPOLCOM)
Martial Law Period

• PD 765 – otherwise known as the

Integration Act of 1975, enacted on
August 8, 1975; established the
Integrated National Police (INP)
composed of the Philippine Constabulary
(PC) as the nucleus and the integrated
local police forces as components, under
the Ministry of National Defense
• transferred the NAPOLCOM from the
Office of the President to the Ministry of
National Defense
Post Martial Law Regime
• Executive Order No 1012 –
transferred to the city and municipal
government the operational
supervision and direction over all INP
units assigned within their locality.

•  Executive Order No 1040 –

transferred the administrative control
and supervision of the INP from the
Ministry of National Defense to the
National Police Commission.
• RA 6975 – otherwise known as the
Department of the Interior and Local
Government Act of 1990, enacted on
December 13, 1990; reorganized the DILG
and established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and Penology and the Philippine
Public Safety College
 
• RA 8551 – otherwise known as the
Philippine National Police Reform and
Reorganization Act of 1998, enacted on
February 25, 1998; this law amended certain
provisions of RA 6975
• R.A. 9708 = Amending the
provisions of R.A> 6975 and
R.A. 8551 on the minimum
educational qualifications
for appointment to the PNP
and adjusting the promotion
system, August 12, 2009.
PHILLIPINE NATIONAL POLICE
• organized pursuant to RA 6975, as amended by RA
8551 and further amended by R.A. 9708.
• a law enforcement agency under the operational
control of the Department of the Interior and Local
Government and administrative supervision of the
National Police Commission
• it is an organization that is national in scope and
civilian in character
• headed by the Chief, PNP, with the rank of
Director General
Art 16, Sec 6, 1987 Phil. Constitution– There should
only be one police force that is national in scope and
civilian in character to be administer by the National
Police Commission.
 DUTIES OF LAW ENFORCEMENT

1. INVESTIGATE the crime – the

police officers, in other words,
collect evidence for use in the
prosecution of the suspects in
court.

2. ARREST suspects
OBJECTIVES OF LAW
ENFORCEMENT/POLICE
1) Crime prevention – the prevention and
suppression of crimes have traditionally been
accepted as the primary goal of the local police
forces.
2) Criminal apprehension – it is a police
responsibility to identify, locate and apprehend
offenders.
3) Law enforcement – it is the basic
responsibility of the police to enforce the law.
4) Order maintenance – one of the most
troublesome responsibilities of the police.
5) Public service – because the police
is the most visible symbol of authority,
they are called upon to assist in situations
like location of lost persons or properties,
to provide VIP, bank and funeral escorts
and other similar duties.
6) Traffic regulation and motor
accident investigation –
The police are expected to ensure
road safety for both pedestrians and
motorists and assist in cases of road
accidents and emergencies.
Crime = Desire + Opportunity +
Capability (DOC)
Desire = wanting of a person to
commit the crime.
Opportunity = physical possibility
for the crime to be committed.
Capability = ability of the offender
to commit the crime (Methods, skills,
tools etc.)
Police Patrol = The backbone of
Police Department. Crime prevention
can be made through Police
Omnipresence. Police Visibility is the
primary concerns of the Police Patrol.
Police Discretion = the exercise of
sound judgment in the absence of
order. It is the wise use of one’s own
judgment by a law enforcer.
Custodial Investigation = is a
questioning of a person suspected of
having committed an offense
administered by an investigator.
 WHAT IS ARREST?

- it is the taking of person

into custody so that he may
be bound to answer for the
commission of an offense.
 WHO MAY
MAKE/EXECUTE/EFFECT
ARREST?
• Police officer (in both
warrantless and arrest with
warrant)
• Private individual (only
warrantless arrest or citizens
arrest)
• Members of investigation staff
of the NBI (under RA 157, as
amended)
 WHO MAY
MAKE/EXECUTE/EFFECT
ARREST?
• Bailor (may arrest the accused for
the purpose of surrendering him in
court)
• Sheriff or deputy Sheriff (may arrest
a witness who failed to attend and
obey subpoena despite proof of
service thereof) (sec. 11, Rule 23)
 WHO MAY
MAKE/EXECUTE/EFFECT
ARREST?
• Provincial or City Probation officer (may
arrest probationer under his care; Sec. 24,
PD 968) – If absconding
• Commissioner of Land Transportation and his
Deputies (are authorized to make arrest for
violation of land insofar as motor vehicles
are concerned; RA 4136, as amended)
• Head of Bureau of Immigration – alien
deportation
 WHEN IS WARRANTLESS ARREST
LAWFUL? (INSTANCES OF
WARRANTLESS ARREST)
a. When in his presence, the person to be arrested has
committed an offense, actually committing an offense, or
is attempting to commit an offense. (Referred to as the
in flagrante delicto rule)

b. When an offense has in fact just been committed,

and he has personal knowledge of facts indicating
that the person to be arrested has committed it.
(Referred to as the “Hot pursuit” arrest rule)
WHEN IS WARRANTLESS ARREST
LAWFUL? (INSTANCES OF
WARRANTLESS ARREST)
c. When the person to be arrested is
a prisoner who has escaped from a
penal establishment or place where
he is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.
WHEN IS WARRANTLESS SEARCH LAWFUL?
(INSTANCES OF WARRANTLESS SEARCH)

1. Warrantless Search incidental to a lawful arrest (Sec.

13, Rule 126)
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search (vessels/aircraft for violation of
immigration, customs and drug laws);
6. Stop and Frisk; and
7. Exigent and emergency circumstances.
8. Searches of buildings and premises to enforce, fire,
sanitary and building regulations.
 PROPERTY SUBJECT OF SEARCH/SEIZURE

1. Subject of the offense;

2. Stolen or embezzled and other

proceeds or fruits of the offense; or

3. Used or intended to be used as the

means of committing an offense.
 Arrest (Rule Search (Rule 126)
113)
1. Actual restraint/ 1. Search for personal
by voluntary property/bring it before
submission the court.
2. Made w/ or w/o 2. Made w/or w/o
warrant warrant
3. At any time of In the presence of a
the day and night. witness.
4. Validity = no 3. Preferably in daytime
fixed duration but with exemption.
5. Execution = 10 4. Validity/Execution=
days 10 days
Raid = It is a surprise invasion of a
building or an area. It is an attack on
small scale or a limited territory.
Entrapment = it refers to the ways and
means of capturing or trapping a law
violators.
Buy-bust operation = a form of
entrapment employed by peace officers
to catch a malefactor in flagrante delicto.
Instigation = It is a process by which
the instigator practically induces the
would be defendant into the commission
of the offense, and himself becomes a co-
principal.
Miranda vs. Arizona, 1966 – “Miranda
Rights”, “Miranda Warning”, Miranda Doctrine
Article 3, Section 12, and Section 17.
R.A. 7438 – Law providing for the rights of a
person arrested, detained or otherwise under
custodial investigation.
R.A. 9745– Anti-Torture law.
Criminal Investigation = Art and science of
Identifying, locating and tracing law violators
and providing evidence of their guilt.
Cardinal Rule = 5W & 1H
Three tools = (3 I’s) Information,
Interview/Interrogation, and Instrumentation
Re-enactment = is a demonstration by
the accused of how he committed the
crime. It is a part of the custodial
investigation therefore, assistance of a
counsel if required.
Police line –up is not considered part of
any custodial investigation and it is
conducted before that stage is reached.
(De la Torre v. C.A> 97 SCAD 330, 294
SCRA 196) – 7 persons
Reconstruction
Other Law enforcement Agencies:
National Bureau of Investigation (NBI)
= Originally it was called the Division of
Investigation established on November 14, 1936,
pursuant to Commonwealth Act no. 181.
= R.A. 157, June 19,1947= reorganized into the
Bureau of Investigation.
= Executive Order No. 94, October 4, 1947
renamed it the National Bureau of Investigation.
Objective: to established and maintain a modern,
effective and efficient investigative service and
research agency for the purpose of implementing fully
the principal functions provided under R.A> 157, as
amended (www.nbi.gov.ph).
“two-pillar rule” in investigation --- Thoroughness
and legality. 
Philippine Drug Enforcement Agency
(PDEA)
= it was created by virtue of R.A. 9165,
otherwise known as the Comprehensive
Dangerous Drug Act of 2002 which was
approved June 7, 2002 and took effect on
July 4, 2002, amending R.A. 6425 (Dangerous
Drug Act of 1972).
= it is the agency in-charge of enforcing
R.A. 9165 which is under the Administrative
supervision of the Dangerous Drug Board
(DDB)-the policy making body.
Bureau of Internal Revenue (BIR)
= mandated to assess and collect all
national internal
Revenue taxes, fees and charges
and to enforce all forfeitures, penalties
and fines connected therewith,
including the execution of judgments
in all cases decided in its favor by the
Court of Tax Appeals (CTA) and the
ordinary courts (www.bir.gov.ph).
Bureau of Customs (BOC)
= created by virtue of Act no. 355, known as the
Philippine Customs Administrative Act, February 6,
1902. Later it was reorganized in October 4, 1987.
= it assess and collect lawful revenues from imported
articles and all other dues, fees, charges, fines and
penalties accruing under the tariff and Customs Code
of the Philippines. It exercise exclusive jurisdiction over
seizure and forfeiture cases under the Tariff and
Customs laws; prevent and suppress smuggling and
fraud in customs administration; supervise and control
the entrance and clearance of vessels, aircrafts
engaged in foreign trade; supervise and control
handling foreign mail arriving in the Philippines; and
enforce all other tariff laws, rules and regulation.
Land Transportation Office (LTO)
MMDA
 SECOND PILLAR: PROSECUTION
PROSECUTION
• the course of action or process whereby accusations
are brought before a court of justice to determine the
innocence or guilt of the accused.

• in a criminal action, it is a proceeding 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 a
crime.

• It may also refer to a party in a criminal case (acting

on behalf of the People of the Philippines –the
real party to the case) which is responsible for
instituting criminal action and proving the guilt of the
accused.
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
• one who prosecutes another for a crime in the name of the
government; one who investigates the prosecution upon
which an accused is arrested; one who prepares an
accusation against the party whom he suspects to be guilty.
• an officer of the government whose function is the
prosecution of criminal actions or suits partaking of the
nature of criminal actions.

DUTIES OF A PROSECUTOR
• 1) to conduct preliminary investigation;
• 2) to make proper recommendation during the inquest of
the case referred to them by the police after investigation of
the suspect;
• 3) to represent the government or state during the
prosecution of the case against the accused.
 WHAT ARE THE FUNCTIONS OF
PROSECUTION?

1. Evaluate the police findings referred to them,

or other complaints filed directly with them by
individual person;
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.
 EXAMPLES OF PROSECUTION
AGENCIES

1. National Prosecution service (NPS) – under

the supervision and control of the DOJ and
is tasked as the prosecutorial arm of the
government
2. Office of the Solicitor General (State
Prosecutor)
3. Office of the Ombudsman
4. Offices of the Regional State Prosecutor/
Provincial/City Prosecutor
• R.A. 10071, April 8, 2010, “The
Prosecution Service Act of 2010. It
changed the title of the head of the
NPS from Chief State Prosecutor to
Prosecutor General.
 WHO PROSECUTES
CRIMINAL ACTIONS?

All criminal actions must be

prosecuted by the prosecutor, and in
case the complainant hired a private
lawyer to prosecute the case, he can
be under the strict supervision of the
government prosecutor.
 THE PROSECUTION PROCESS

1. Filing of Complaint

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 of the enforcement of the law
violated.
 2. PRELIMINARY INVESTIGATION

Preliminary Investigation – it is an inquiry

or proceeding for the purpose of
determining whether there is sufficient
ground to engender a well founded belief
that a crime cognizable by the RTC has
been committed and that the respondent is
probably guilty thereof, and should be held
for trial. (Sec. 1, Rule 112)
PROBABLE CAUSE
the existence of such facts and
circumstances as would excite a belief in a
reasonable mind, acting on the facts within
the knowledge of the prosecutor, that the
person charged is guilty of the crime for
which he is prosecuted
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
 OBJECTIVES OF PRELIMINARY
INVESTIGATIONS

a. to protect the innocent against hasty,

malicious and oppressive prosecution;
b. to protect the innocent from public
accusation of a crime, from the trouble,
expense and anxiety of a public trial; and
c. to protect the state from useless and
expensive prosecution.
 OFFICERS AUTHORIZED
TO CONDUCT
PRELIMINARY
INVESTIGATION
1. Provincial or City Prosecutors and
their assistants.
2. National and Regional State
prosecutors.
3. Such other officer as may be
authorized by law like
a. Chief legal officer of the
COMELEC in prosecuting election
offenses;
b. The Ombudsman;
c. Special prosecutor;
d. Prosecutors duly authorized by
the ombudsman in prosecuting
offenses cognizable by the
Sandiganbayan.
 NOTE:

The authority of the judges of

the Municipal Trial courts and
Municipal Circuit Trial courts to
conduct a preliminary
investigation was revoked by A.M.
05-8-26-SC
 INQUEST
• It is an informal and summary
investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without the
benefit of a warrant of arrest issued by the
court for the purpose of determining
whether or not said person should remain
under custody and correspondingly be
charged in court.
3. FILING OF AN INFORMATION

• Information – An accusation in writing

charging a person with an offense
subscribed by the prosecutor and filed
with the court.
 DISTINCTION BETWEEN A
COMPLAINT AND INFORMATION

• a. A complaint is a sworn statement

by the offended party, whereas an
information need not be sworn to;
DISTINCTION BETWEEN A COMPLAINT
AND INFORMATION

b. A complaint is signed by the offended

party, any peace officer or other public
officer charged with the enforcement of
the law violated, whereas an information
is signed by a public prosecutor.
DISTINCTION BETWEEN A COMPLAINT AND
INFORMATION

c. A complaint may be filed

either before the prosecutor’s
office or the court, whereas
information is only filed with
the court.
 DISTINCTION BETWEEN A COMPLAINT
AND INFORMATION
QUEST
d. In certain cases, filing of a
complaint is necessary to conduct
preliminary investigation
preparatory to filing of an information
 Complaint Information
1. Sworn statement 1. Need not be
2. Subscribed by: sworn
offended party, any 2. Subscribed by
peace officer or the prosecutor
public officer in (fiscal).
charged of the 3. Filed with the
enforcement of the court
law violated.
3. Filed to the office of
the prosecutor/court.
 4. ARRAIGNMENT

Arraignment – the stage of criminal

proceedings, the object is to determine the
identity of the accused. Then the court
read to him the nature of the charged
against him in the language or dialect he
can understand and then require him to
enter a plea of guilty or not guilty.
 NOLLE (NOLLE PROSEQUI)

is a request made by the

prosecutor to the judge for approval to
terminate further criminal prosecution
against a suspect.
  Not an acquittal nor pardon before
or after the arraignment.
 5. FILING OF BAIL
Bail – Is the security given for the
temporary release of the person in
custody of the law.
Bail may be given in the form of
a. corporate security
b. property bond
c. cash-deposit
d. recognizance
 REQUIREMENT PRIOR TO THE
FILING OF CASE IN COURT

• KATARUNGANG PAMBARANGAY
• - It was created by virtue of PD 1508 on
June 1978.
• - Likewise, RA 7160 (local Government
Code of 1991) integrated provisions to
strengthen katarungang pambarangay
specially sections 399 – 422.
 KATARUNGANG PAMBARANGAY

- It was created purposely to

give the appropriate barangay
chairman and barangay lupon
officials to amicably settle
cases within their jurisdiction.
 AMICABLE SETTLEMENT

– It is the process of solving or

settling disputes in a certain
barangay.
 COMPOSITION OF KATARUNGANG
PAMBARANGAY

1. Lupong Tagapamayapa (lupon)

- It is composed of ten to twenty members
who have been chosen from respected
members of the barangay.
2. Pangkat Tagapagkasundo (Pangkat)
- It is composed of 3 selected members
among the lupong tagapamayapa.
 OFFENSES PUNISHABLE BY THE RPC
COGNIZABLE BY THE LUPON

1.Alarms and scandals (Art. 155)

2.Use of false certificates (Art.
175)
3.Concealing one’s true name and
other personal circumstances
(Art. 178, par 2)
 OFFENSES PUNISHABLE BY THE RPC
COGNIZABLE BY THE LUPON

4. Physical injuries committed in

tumultuous affray (art. 252)
5. Slight physical injuries and
maltreatment (art. 266)
6. Other forms of trespass (art.
287)
 OFFENSES PUNISHABLE BY THE RPC
COGNIZABLE BY THE LUPON

7. Other light coercion or unjust

vexations (art. 287)
8. Other light threats (art. 285)
9. Some forms of theft (art. 308, par 3,
and art 309, par 8)
 OFFENSES PUNISHABLE BY THE RPC
COGNIZABLE BY THE LUPON

10. Altering boundaries or landmarks (art

313)
11. Other deceits (art 3180
12. Arson of property of small value (art
323)
13. Social cases of malicious mischief’s
(328)
14. Other mischief’s (art 329)
 NOTE:

• All these offenses are punishable by

imprisonment not exceeding 30 days
andor fine not exceeding P200. – A.
menor
• Under the New Local Gov’t code, all
offenses punishable by atleast one year
imprisonment and P5,000 fine is now
within the jurisdiction of the Lupon.
 NOTE:

Also cognizable by the

barangay are violators of
municipal ordinances, which
are similarly punishable as the
above-mentioned offenses
under the penal code.
THIRD PILLAR: COURTS
COURT
an organ of the government belonging to the
judicial department whose function is the
application of the laws to controversies brought
before it and the public for the administration of
justice.
JUDICIARY
that branch of the government which is vested
with judicial power
that branch of the government which is
empowered to interpret, construe and apply the
laws.
JUDICIAL POWER
the power to apply the laws to contests or
disputes concerning legally recognized rights or
duties of and between the state and the private
persons or between individual litigants in cases
properly brought before the judicial tribunals.
vested in one Supreme Court and in such lower
courts .
POWER OF JUDICIAL REVIEW
the power of the Supreme Court to determine
whether laws passed by Congress and acts of
the President are in accord with the Constitution
when the matter is raised
JUDGE
a public officer so named in his
commission and appointed to preside
over and to administer the law in a court
of justice.
JURISDICTION
the power and authority of a court to
hear, try and decide cases.
BP 129
= otherwise known as the
Judiciary Reorganization Act of
1980 .
KINDS OF JURISDICTION:
1) General – when the court is empowered to decide
all disputes which may come before it except those
assigned to 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.
ORGANIZATION AND JURISDICTION
OF THE COURTS
SUPREME COURT
-composed of a Chief Justice and 14
Associate Justices
-shall have administrative supervision
over all courts
-shall have the power to discipline judges
of the lower courts
-shall have appellate jurisdiction over
cases decided by the Court of Appeals
-shall have the power of judicial review
COURT OF APPEALS
-headed by a Presiding Justice
-has appellate jurisdiction
over cases decided by the
RTC
-has the power to order new
trial
REGIONAL TRIAL COURTS
-presided by a Regional Judge
-has general jurisdiction over criminal cases
-has jurisdiction over offenses punishable with
imprisonment of six years and one day and over
-has appellate jurisdiction over cases decided by the
MTC, MTC and MCTC

METROPOLITAN TRIAL COURT

MUNICIPAL TRIAL COURT
MUNICIPAL CIRCUIT TRIAL COURT
-has jurisdiction over violation of city or municipal
ordinances and offenses punishable by imprisonment
not exceeding six years.
SPECIAL COURTS
1) COURT OF TAX APPEALS
- created under RA 1125
- composed of three (3) judges
- has exclusive appellate jurisdiction
to review on appeal decisions of the
Commissioner of the Bureau of
Internal Revenue involving internal
revenue taxes and decisions of the
Commissioner of the Bureau of
Customs involving customs duties
2) SANDIGANBAYAN
- created pursuant to PD 1606
- composed of fifteen (15) Justices
- tasked to handle 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
3) SHARIA COURTS
- created pursuant to PD 1083,
otherwise known as the “Code of
Muslim Personal Laws of the
Philippines”
- created as part of the judicial system
- courts of limited jurisdiction known as
the Sharia District Court are presided by
District Judges
- Sharia circuit trial courts are presided
by circuit judges
 WHAT IS TRIAL AND HEARING?

Trial - the process by which the offended

party represented by the public
prosecutor/private prosecutor to present
all their evidence to prove that the
offense charges was committed and the
accused will also present his evidence
to prove his innocence.
Hearing - a proceeding in which witnesses
are heard and evidence presented.
- Trial and hearing is the essence of due
process of law

Due process of law - means the right to

be heard before it condemns
 
 TRIAL PROCEEDINGS:

1. preliminary investigation
2. arraignment and plea
3. pre – trial
4. trial proper
5. judgment
 PRE - TRIAL

• – is a conference among litigants

and their respective lawyers
made with the judges for the
purpose of considering a plea
bargaining.
 PLEA BARGAINING
– the process whereby the accused
and the prosecution work out a
satisfactory disposition of the case
subject to court approval.
- It usually involves the accused
pleading guilty to a lesser offense or
to only one or some counts of several
charges in return for a lighter penalty.
 Ex.

- Theft to attempted or frustrated theft

- Attempted homicide to physical injuries
DECISION
the judgment rendered by a court of justice
or other competent tribunals
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
it must be written in the official language,
personally and directly prepared by the judge
and subscribed by him
shall contain clearly and distinctly a
statement of the facts and the laws upon
which it is based
CONTENTS OF JUDGMENT
1) JUDGMENT OF CONVICTION
- When the judge finds the accused guilty of the
charges against him
-The legal qualification of the offense constituted by
the acts committed by the accused and the
aggravating or mitigating circumstances which
attended its 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. - All person criminally liable is also civilly
2) JUDGEMENT OF ACQUITTAL
- When the judge finds the accused not guilty
of the charges against him.
- shall state whether the evidence of the
prosecution absolutely failed to prove the guilt
of the accused or merely failed to prove his guilt
beyond reasonable doubt.
PROMULGATION OF JUDGMENT
by reading in the presence of the accused and
any judge of the court in which it was rendered
if the judge is absent, the judgment may be
promulgated by the clerk of court
FOURTH: CORRECTION
Definition: Is that branch of
administration of criminal justice
charged with the responsibility for the
custody, supervision and rehabilitation
of convicted offenders.
Penology = a branch of criminology
which deals with the treatments,
management and administration of
inmates.
Penalty = the suffering that is inflicted
by the state for the transgression of the
law.
Theories Justifying Penalty
Prevention – the state punishes the criminal to prevent or
suppress the danger to the state and to the public arising
from the criminal acts of the offender.
Self-Defense – the State punishes the criminal as a
measure of self-defense to protect the society from the
threat and wrong inflicted by the criminal.
Reformation – the State punishes the criminal to help him
reform or be rehabilitated.
Exemplarity – the State punishes the criminal to serve as an
example to others and discourage others from committing
crimes.
Justice – the State punishes the criminal as an act of
retributive justice, a vindication of absolute right and moral
law violated by the criminal.
Judicial Conditions of Penalty
Judicial and legal – penalty must be imposed
by the proper authority and by virtue of a
judgment as prescribed by law.
Definite – penalty must be specific and exact.
Commensurate – penalty must be proportional
to the gravity or seriousness of the crime
committed.
Personal – penalty must be imposed only to
the person who actually committed the crime
with no substitutes.
Equal – penalty must be applied to all who
committed the offense.
Prison law – basic law in the Philippines Prison System
found in the Revised Administrative Code.
Philippine Prison System – patterned after the US
Federal Prison System.
P.D. 29- the law that classified prisoners.
Classification of Prisoners
According to Sentence/place of confinement.
National or Insular Prisoner – one who is sentenced
to serve a prison term of three years and one day to
death.
Provincial Prisoners – one who is sentenced to serve
a prison term of six months and one day to three
years.
City Prisoners – one who is sentenced to serve a
prison term of one day to three years.
Municipal Prisoner – one who is sentenced to serve a
prison term of one day to six months.
According to fine:
a. National or insular – one who is
sentenced to serve a prison term of three years
and one day to death or whose fine is more
than 6,000.00, or both.
b. City/Provincial prisoner – one who is
sentenced to serve a prison term of six months
and one day to three years or whose fine is less
than P6,000.00 but more than P 200.00, or
both.
c. Municipal prisoner – one who is
sentenced to serve a prison term of one day to
six months or whose fine is not more than
P200.00, or both.
3. According to Status
a. detention prisoners – those held for security
reasons, investigation; those awaiting or undergoing
trial and awaiting judgment.
b. Sentenced prisoners – those convicted by
final judgment and serving their sentence.
Prison – institutions for confinement of convicted
offenders sentenced to more than three (3) years of
imprisonment.
- derived from the Greco-Roman word “prisidio”
- administered by the National Government under
the Bureau of Corrections.
- also called national prisons and also includes the
penal colonies and penal farms.
Jails – institutions for confinement of
convicted offenders sentenced to
imprisonment of three (3) years or less.
- institution for the confinement of those
still undergoing trial or awaiting judgment.
- derived from the Spanish word “jaula”
and “caula”
Provincial jails are administered and
supervised by their respective provincial
governor.
City and municipal jails are
administered and supervised by the
Bureau of Jail Management and Penology.
PHILIPPINE PRISON HISTORY

(BSINDSL - C)
1. Bilibid Prison or the Old
Bilibid Prison(1847)
- On Oroquieta Street in Manila. It
was established in 1847 and
formally opened on April 10,
1866 by a Royal decree
2. San Ramon Prison and
Penal Farm
( August 21, 1869)
- Established in Zamboanga City,
to confine Muslim rebels and
intractable political prisoners
opposed to Spanish rule.
- Composed of 1,414 hectares.
3. Iwahig Prison and Penal
Farm
- It was established by Americans
in November 1904 .
- Formerly called as The Luhit
Penal Settlement.
- The Prison without walls
- Palawan
- Tagumpay Settlement
- 6 hectares homestead lots
rewarded for those who will
Iwahig Sub-colonies (SIMC)

• Sta-lucia
• Inagawan
• Montible
• Central
4. National Bilibid Prison
- Located in Muntinlupa City
- It has 587 hectares

The NPB consists of the following:

a) Main Building
b) Camp Sampaguita
c) and the Camp Bukang Liwayway
5. Davao Penal Colony and Farm
- Opened in 1932 under Act no. 3732
- Located in Tagum, Davao del norte
- TADECO ( Tagum Development Company) Banana
plantation (3000 hectares)
- Tanglaw settlement
- 6 hectares homestead lots rewarded for those
who will choose to stay.
Davao Penal Farm Sub-colonies (PK)
a) P anabo
b) K apalong
6. Sablayan Penal Colony
- Occidental Mindoro
- Established in September 27, 1954

Four Sub-colonies (CPPY)

a)Cntral
b)Pusog
c)Pasugui
d)Yapang
7. Leyte Regional Prison
- Abuyog Leyte
- The youngest prison established in
Jan. 16, 1973 during time of
Ferdinand Marcos.

8. Correctional Institution for

Women (CIW)
- November 27, 1929
- Located in Mandaluyong City
- Total land area is 18 hectares
Executive Clemency = Collective term for
absolute pardon, conditional pardon, and
commutation of sentence.
= Granted by the chief Executive Officer
(President of the Philippines). 
KINDS OF EXECUTIVE CLEMENCY
1. Pardon – an act of grace proceeding from
the power entrusted with the execution of the
laws which exempts the individual on whom it is
bestowed from the punishment the law inflicts
for a crime he has committed.
- granted by the President after conviction by
final judgment.
- Extinguishes only criminal liability but not the
civil liability.
Kinds of Pardon:
a. absolute Pardon - the extinction
of the criminal liability of the
individual to whom it is granted
without any condition and restores to
the individual his civil rights.
b. Conditional Pardon - the
extinction of the criminal liability of
an individual from the punishment
which the law inflicts for the offense
he has committed, within certain
limits or conditions.
2. Commutation of Sentence - reduction of the
sentence, from a heavier sentence to a less serious one,
or from longer prison term to a shorter one.
- convicted offenders may only be granted
commutation of sentence after serving a portion of their
sentence as provided by law.
3. Amnesty – an act of sovereign power granting
oblivion or general pardon for the past offense, usually
granted in favor of certain classes of persons who have
committed crimes of political character, such as treason
or rebellion.
4. Commutation of Sentence – reducing the period
of imprisonment into shorter period.
5. Reprieve – temporary suspension of the execution
of sentence.
• Parole – a method by which a
prisoner who has served a portion of
his sentence is conditionally
released but remains in legal
custody, the condition being that in
case of misbehavior, he shall put
back to prison.
• - granted to convicted offenders
who have served a portion of their
sentence as provided by law
granted by the Board of Pardons
and Parole.
 KATARUNGANG PAMBARANGAY
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.
Composition of 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). It
shall be constituted every three (3) years.
 Qualification to become members of
the Lupon
Any resident of the barangay of reputable
character may be appointed as member of
the Lupon. Members of the Lupon shall
be appointed by the Barangay
Chairman with the term of three (3)
years.

Basic function of the Lupon

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 fall under the jurisdiction of the
Lupon

those involving offenses that are

punishable by the imprisonment of one
year and below, or a fine in the amount
of five thousand pesos and below;
those involving parties that actually
reside or work in the same barangay;
those involving marital and family
disputes;
those involving minor disputes between
neighbors;
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 any 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
1. Who may initiate proceedings?
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 suffers damage which affords a party to a right to
judicial intervention.  
2. Upon receipt of the complaint the Chairman
shall meet with the respondent and
complainant and mediate. If he fails in his
mediation within fifteen (15) days, he shall set
a date for the constitution of the Pangkat.

MEDIATION OR CONCILIATION – the process

whereby disputants are persuaded by the Punong
Barangay or Pangkat to amicably settle their disputes
3. The Pangkat shall meet not later than three
(3) days after their constitution, on the date set
by the Chairman, to hear both parties.

4. The Pangkat shall arrive at a settlement of

the dispute within fifteen (15) days from its
meeting. This period may be extended for
another fifteen (15) days, at the discretion of
Purpose of amicable settlement:
“Because it is a pre-condition to filing of
complaint in court”
“No complaint involving any matter within the
authority of the Lupon shall be filed directly in court
unless there has been a confrontation between the
parties before the Chairman or the Pangkat, and that
no conciliation or settlement has been reached as
certified by the Secretary, or unless the settlement
has been repudiated by the parties.”

Effect of the amicable settlement:

The amicable settlement shall have the force and
effect of a final judgment of a court upon the
expiration of ten (10) days from the date of
settlement.