Introduction to Philippine Criminal Justice System PDF

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM Basic Concept of Criminal Justice System Criminal - is a person convicted of a crime by a final judgment. Take note:  Law Enforcement stage – Suspect  Prosecution Stage – Respondent  Court Stage – Accused  Correction – Criminal...

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM Basic Concept of Criminal Justice System Criminal - is a person convicted of a crime by a final judgment. Take note:  Law Enforcement stage – Suspect  Prosecution Stage – Respondent  Court Stage – Accused  Correction – Criminal or convict  Community – Ex-convict  Administrative Case – Respondent When does judgment become final? 1. After the lapse of 15 days to appeal; 2. When the accused waives his right to appeal; 3. When the accused applies for probation; and 4. When the case is decided with finality by the Supreme Court and the right to file a motion for reconsideration is closed. Crime – is an act or omission punishable by law, forbidding or commanding it. (Reyes, 2008) Omission – is meant inaction, or the failure to perform positive duty which one is bound to do. Criminal Law – Branch or division of law which defines crimes, treats of their nature and provides for their punishment. The legal classifications of crime are the following: I. According to the law punishing it 1. Felony; 2. Offense; and 3. Violation or Obstruction of Ordinance II. According to presence or absence of intent 1. Intentional crime - Crimes committed by means of deceit/malice (dolo) 2. Culpable crimes - those committed by means of fault (culpa) Take note:  There is deceit (dolo) when the act is performed with deliberate intent, and  There is fault (Culpa) when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. (Art 3 of the Revised Penal Code) III. According to gravity 1. Grave – are those to which the law attaches the capital punishment or penalties which in their periods are afflictive; 2. Less-grave – are those which the law punishes with penalties which in their maximum period are correctional; 3. Light felonies – are those infractions of law for which a penalty is arresto menor or a fine not exceeding 200 pesos or both. (Art. 9 of the Revised Penal Code) IV. According to impact to society 1. Crimes mala in se – ("wrongs in themselves") crimes are those that traditionally have been regarded as inherently evil. 2. Crimes mala prohibita – ("wrongs that are prohibited") criminal offenses that are wrongful simply because a legislature has chosen to criminalize it. Criminal Justice System – The machinery which the society uses in the prevention and control of crimes. It may also refer to the totality of the activities of the law enforcers, prosecutors, judges, and corrections personnel, as well as those of the mobilized community in crime prevention and control. Goals of CJS 1. Prevention of crime. 2. Protect members of society against crime. 3. Maintain peace and order. 4. Suppression of criminality. 5. Review the legality of existing rules and regulations. 6. Rehabilitation and reformation of offenders. THE FIVE PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM 1. Law enforcement/Police 2. Prosecution 3. Court 4. Correction 5. Community Justice – is the act of rendering what is due and treating persons equally. Essence of Justice under the Philippine Constitution Under Sec. 1, Art III of the 1987 Philippine Constitution, no person shall be deprived of life, liberty or property without due process of law, nor shall a person be deprived of the equal protection of law. This guarantee dictates that in order that justice will be realized there must be the observance of due process. Due process is a guarantee against any arbitrariness on the part of the government, whether committed by the legislative, executive or the judiciary. System – is a combination of related elements organized into a complex whole. It may also refer to the process to be followed. THE LAW ENFORCEMENT PILLAR Law Enforcement/Police  It is considered as the prime mover of the Criminal Justice System.  The agency of the community or government that is responsible for enforcing the law, maintaining public order, and preventing and detecting crime.  It initiates the Criminal Justice System by the arrest of the offenders.  Law enforcement is a deterrent and preventive activity. Different Police Activities  Prevention of crime is intended to prevent root causes of crime.  Repression or suppression of crime is done to reduce the opportunity of committing a crime like the act of conducting patrol.  Apprehending offenders is also known as arresting offenders.  Conduct search and seizure  Investigation of crime  Protection of lives and property. THE FORMULA OF CRIME: CRIME = Desire + Opportunity (to commit a crime) / Resistance (not to commit a crime)  If the combination of desire and opportunity is stronger than resistance, crime will be committed.  If the combination of desire and opportunity is weaker than resistance, crime will not be committed. WHAT IS THE DISTINCTION BETWEEN PREVENTION OF CRIME AND REPRESSION/SUPPRESSION OF CRIME?  In prevention of crime, the law enforcement is strengthening the resistance and weakening the desire of a person in committing a crime. In repression/suppression of crime, on the other hand, the law enforcement is reducing the opportunity of a person in committing a crime, like the act of conducting patrol. Broad Goals of the PNP  Prevent and control crimes.  Maintain peace and order  Ensure public safety and security ARREST Arrest – is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. The rules to be considered in conducting arrest: 1. No violence or unnecessary force shall be used in making an arrest; 2. The person arrested shall not be subject to a greater restraint than that necessary for his detention; 3. It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay; 4. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reason therefore; 5. An arrest may be made on any day and at any time of the day or night. (Secs 1, 2, 3, 4 & 6, Rule 113 of the Rules of Court) WHO ARE IMMUNE FROM ARREST? 1. A Senator or Member of the House of the Representatives while Congress is in session for an offense punishable by not more than six years of imprisonment; and 2. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations. Warrant of Arrest – is an order in writing issued in the name of People of the Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein and deliver them before the court. The requisites of a valid warrant of arrest are the following: a. It shall be issued upon probable cause; b. The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine Constitution) WARRANTLESS ARREST A peace officer or a private person may, without a warrant , arrest a person: a. When, in his presence the person to be arrested has committed, is actually committing or is attempting to commit an offense (Paragraph 1 of Rule 113, Sec. 5 Rules of Court) b. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested had committed it (Paragraph 2 of Rule 113, Sec. 5Rules of Court) 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 (Paragraph 3 of Rule113, Sec. 5 Rules of Court) ARREST WITHOUT A WARRANT UNDER POLICE OPERATIONAL PROCEDURES (POP) a. Where the accused released on bail attempts to leave the country without court permission; b. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Codeas a case of evasion of service of sentence; and c. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and undesirable aliens. Authority of the Arresting Officer when making an arrest: a. Police officer may summon assistance b. Right of a police officer to break into building or Enclosure; c. Right to break out from building or enclosure; and d. Arrest after escape or rescue. LIFE SPAN OF WARRANT OF ARREST As long as the person stated in the warrant of arrest is not arrested, it shall remain valid even if several years already lapsed. The rights of arrested persons are the following:  Right against torture, force, intimidation, and the like; and  Right to be visited and conferred privately with his lawyer in the jail or any other place of custody at any hour of the day or night, subject to reasonable regulations. SEARCH AND SEIZURE Search – is the act of looking into carefully in order to find some concealed items. Seizure – is to take into custody of something. WHAT IS THE RULE IN CONDUCTING SEARCH AND SEIZURE?  As a rule, every search and seizure must be done by virtue of a search warrant. SEARCH WARRANT Search Warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (Sec 1, Rule 126 of the Rules of Court) General Rule: A warrant is needed before search. Validity of warrant is 10 days from its date. WHEN TO SERVE SEARCH WARRANT?  The search warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or on the place ordered to be searched, in which case, a direction may be inserted that it be served at any time of the day or night. Subject of a Search Warrant A search warrant may be issued for the search and seizure of the following personal properties: a. Subject of the offense b. Stolen or embezzled and other proceeds or fruits of the offense; and c. Used or intended to be used as a means of committing a crime. (Sec 3, Rule 126 of the Rules of Court) Prohibited acts in the conduct of search by virtue of search warrant: a. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. b. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken. The exemptions to this rule include the following: A. Consented search; B. Search incidental to lawful arrest; C. Plain view search D. Search in moving vehicle (Checkpoint); E. Customs search; and F. Stop and frisk Consented Search  The person is willing to submit himself for search despite of no warrant presented. It was clear that no intimidation or threat was made to let the arrested person be subjected to search.  Search made by security guards in establishment are legal even in the absence of search warrant for they are enforcing the security of persons and property. Search Incidental To Lawful Arrest  The arresting officer is authorized to conduct search even without warrant for his security and safety. Plain View Doctrine  Under the plain view search, illegal things at sight may be seized even without a warrant to do so. The things must be readily seen without any effort of locating it. The police did not exert effort in looking for the Contraband. It came accidentally to his view. Search Of Moving Vehicles  Otherwise known as Check Point. There are publicly known Check Point Areas in the highway. Vehicles must submit for visual checking. A Check point can be established to trap a fleeing suspect/criminal. Search Custom  The Bureau of Customs is authorized by law to conduct search and seizure on all contrabands. Since the Bureau of Customs is enforcing Tariff and Custom Laws, no need for them to acquire search warrant. Stop And Frisk  Wherein policemen may search a person whom they believe to be committing a crime based on a probable cause. The act of the persons running away from policemen induces a reasonable mind to believe that they are involved in an illegal activity.  Scatter Shot Warrant - is a warrant of arrest that is issued for more than one offense. CUSTODIAL INVESTIGATION Custodial Investigation – is any questioning initiated by law enforcement officers after aperson has been taken into custody of otherwise deprived of his freedom of action in any significant way. The requisites of custodial investigation are as follows: 1. The questions being asked are no longer general inquiry; and 2. The person being questioned is considered as a suspect in the crime committed.  General inquiry is a question that may be asked to any person. 3 TOOL OR I's OF CRIMINAL INVESTIGATION 1. Information – this is the knowledge which the investigator gathered and acquired from persons, records and “modus operandi file”. Information is important in investigation because it answers the question, WHO DID IT? The ability to secure information is considered the chief asset of an investigator. 2. Interview – is the questioning of persons suspected of having direct or indirect involvement in the crime being investigated 3. Interrogation – this is the process of questioning suspects and witnesses to obtain further information. The effectiveness of interrogation depends with the craft, logic, and psychological insight with the information relevant to the case. Interrogation used to describe the vigorous questioning of one who is reluctant to divulge information. 4. Instrumentation - the application of instruments and methods of police sciences to the detection of crime. It is the application of physics, chemistry, biology, and crime detection (otherwise known as Criminalistics). WHAT ARE THE RIGHTS OF A PERSON UNDER CUSTODIAL INVESTIGATION?  Right to be informed of his right to remain silent;  Right to have a competent and independent counsel preferably of his own choice or to be provided with one;  Right against torture, force, violence, threat, and intimidation or any other means which vitiates his free will;  Right not to be held in secret, solitary, incommunicado, or any other similar forms of detention. WHAT IS THE DIFFERENCE BETWEEN CONFESSION AND ADMISSION? Confession is the direct acknowledgment of guilt, while Admission is the indirect acknowledgement of guilt. Two kinds of Confession and admission: 1. Judicial confessions/admissions - are those done in open court in the presence of the judge. 2. Extra – judicial confessions/admissions - are those made outside trial. (Fianza, 2005) PROSECUTION PILLAR Prosecution - It is the legal process or method whereby accusations are brought before a court of justice to determine the guilt or innocence of the accused. It may also refer to the agency responsible in presenting the government’s position in criminal cases and evaluating pieces of evidence presented by the law enforcement pillar. History Of Prosecution  The origin of the office of the prosecutor is found hundreds of years ago in the jurisprudential development and the common law of England.  The general term "attornatus" was used in England official documents in the Middle Ages to mean anyone who appeared for another as a pleader, attorney, or essoiner.  The earliest laws of England defined crimes as being committed against a particular individual, not against the state. The original prosecutor was a victim or an individual representing a victim who stepped forward personally to initiate the prosecution of the alleged offender.  Originally all crimes were torts; thus, in early common law, any injury, whether to person or property, was a tort. (A tort today is an injury to an individual that is not an offense against the state). Later, the injury was considered an offense against the state.  During the reign of Edward IV (1461-1483), William Husse was appointed attorney general of England. Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead provided a system of “sergeants”, who were required to act as police prosecutors and to enforce penal statutes. These sergeants were later to become well trained in the law. Prosecutor – is a public officer having an authority to conduct legal actions concerning the complaint at his office and perform other prosecution functions as provided by law. If a person is arrested, what is the purpose of delivering him to the nearest police station or jail and detaining him in that place?  It depends. If the arrest is with warrant, the arrested person must be detained for him to face the case that is already filed against him or to serve his sentence if he is already convicted. However, if the arrest is without warrant, he must be detained to undergo an inquest proceeding or preliminary investigation.  Inquest proceeding – is a proceeding done by the inquest prosecutor to determine the validity of the arrest. This is very summary in nature which may be done by an informal interview with the arresting officer and/or the arrested person. What are the procedures to be observed in conducting inquest proceedings?  Upon arrest of a person without warrant, the policeman must detain the arrested person to the nearest jail or police station.  The arresting policeman shall locate or contact immediately the inquest prosecutor for the latter to determine whether the arrest is valid and the following rules shall be observed: 1. If the prosecutor finds out that the arrest is valid, he may order the further detention of the arrested person and the filing of the information before the proper court; or 2. If the prosecutor finds out that the arrest is not valid, he may order the release of the person arrested upon signing a Promise to Appear. Preliminary investigation – is an inquiry held for the purpose of ascertaining whether or not probable cause is present. Probable Cause – is the existence of sufficient ground to engender a well-founded belief that a crime has been committed; and the respondent is probably guilty thereof. Purpose Of Preliminary Investigation 1. It is intended to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of crime. 2. It is further intended to protect the State from useless and expensive trial. WHEN PRELIMINARY INVESTIGATION REQUIRED?  It is required when the imposable penalty for the crime charged is at least 4 years, 2 months, and 1 day (4:2:1) imprisonment without regard to the fine. WHO MAY CONDUCT A PRELIMINARY INVESTIGATION?  Provincial or City Prosecutors and their assistants;  Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;  National and Regional State Prosecutors; and  Other officers may be authorized by law. WHAT ARE THE PROCEDURES IN CONDUCTING PRELIMINARY INVESTIGATION BY THE INVESTIGATING PROSECUTOR? A. Filing of the complaint; The complaint to be filed shall be accompanied by: 1. The affidavit of the complainant and his witnesses; and 2. Other supporting documents to establish probable cause. B. Dismissal of the complaint or issuance of subpoena by the investigating officer Within 10 days after the filing of the complaint, the investigating officer shall either: 1. Dismiss the complaint or 2. Issue a subpoena to the respondent  C. Submission of counter affidavit (answer) by the respondent Within 10 days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. D. Clarification Within 10 days from filing counter-affidavit, the investigating officer may set a date for hearing if there are facts and issues to be clarified from a party or a witness. Take Note: Clarification shall be terminated within 5 days. E. Issuance of resolution Within 10 days from the termination of investigation or clarification. After investigation, the investigating officer shall either: 1. Prepare a resolution and information 2. Recommend the dismissal of the 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 with the enforcement of the law violated (Sec 3, Rule 110 of the Rules of Court). Information – is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed in court (Sec 4, Rule 110 of the Rules of Court). The distinctions between the complaint and information are as follows:  The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved;  A complaint is a sworn written statement, while information is an accusation in writing;  A complaint is subscribed by the offended party, any peace officer, or other public officers charged with the enforcement of the law violated, while information is subscribed by the prosecutor; and  A complaint is filed either in the prosecutor’s office or in court, while information is filed only in court (Sec 2, Rule 110 of the Rules of Court & Herrera, 2000). COURT PILLAR Court – is a body to which the public administration of justice is delegated, being a tribunal officially assembled under authority of law at the appropriate time and place for the administration of justice through which the State enforces its sovereign rights and powers. It is an entity or body in which a portion of judicial power is vested. Judge –is an officer so named in his commission who presides in some court; a public officer, appointed to preside to and administer the law in a court of justice. Composition of Philippine Courts Regular Courts: 1. Supreme Court - It is the highest court in the Philippines. 2. Court of Appeals - It is the second highest judicial court after the supreme court. It reviews decisions and orders of the lower court. 3. Regional Trial Court (RTC) - Has jurisdiction over offenses punishable with imprisonment of six years and one day and over  Inferior Courts- Has jurisdiction over a violation of city municipal ordinances and offenses punishable by imprisonment not exceeding six years 4. Metropolitan Trial Court 5. Municipal Trial Court 6. Municipal circuit Trial Court Special Courts: 1. Sandiganbayan - It is a special court that has jurisdiction over criminal and civil cases involving graft and corrupt practices of public officers. Created pursuant to PD 1606. 2. Court of Tax Appeals (CTA) - Has exclusive appellate jurisdiction to review and appeal the decision 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. Created pursuant to RA 1125 3. Shari’a Court - Created pursuant to PD 1083, otherwise known as the “Code of Muslim Personal Laws of the Philippines”. Cases brought before this court is civil in nature. 4. Shari’a District Court - These are courts of limited jurisdiction which are presided by District Judges 5. Shari’a Circuit Trial Courts -These are presided by circuit judges. 6. Family Court - This special court was established by virtue of RA 8369, otherwise known as Family Courts Act of 1997". It covers criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense. If the case is filed in court, what shall be the first issue that must be resolved?  If a case is filed, the first issue that a court must resolve is whether it has jurisdiction over the case.  If the court has jurisdiction, it shall hear the case; otherwise, the only power it has is to dismiss the case. Jurisdiction - is the power and authority to hear, try, and decide a case. KINDS OF JURISDICTION: 1. Original jurisdiction - is the power and authority to hear, try and decide cases brought in the court, body, or tribunal for the first time. 2. Appellate jurisdiction - is the power and authority to hear, try and decide cases previously heard by a lower court, body, or tribunal. 3. Exclusive jurisdiction - is the power and authority to hear, try and decide cases to the exclusion of other courts, body, or tribunal. An example of this is the Municipal Trial Courts have exclusive jurisdiction over cases punishable by light penalty. 4. Concurrent jurisdiction - is the power and authority to hear, try and decide cases that may be brought to two or more courts, body, or tribunal.  Illustration of Concurrent Jurisdiction  An administrative case against a policeman may be filed in People’s Law Enforcement Board (PLEB), Internal Affairs Service (IAS), National Police Commission (NAPOLCOM), Commission on Human Rights (CHR), among others. This means that PLEB, IAS, NAPOLCOM, CHR have concurrent jurisdiction over administrative cases against a policeman. 5. General jurisdiction - is the power and authority to decide all cases which may come before it except those assigned to other courts, body, or tribunal. Example of this is the RTC have jurisdiction over cases not assigned to any other court, body or tribunal. 6. Limited jurisdiction - is the power and authority to hear and determine only cases specified by law to be within its jurisdiction. Example of this is the MTC have jurisdiction only to cases expressly specified by the law. Court Proceedings: 1. Arraignment 2. Pre-trial 3. Trial 4. Judgment 5. Appeal Arraignment - is that stage in the criminal prosecution which consists of the reading to the accused in open court of the complaint or information charging him with an offense and furnishing him a copy thereof, including lists of witnesses and asking him whether he pleads guilty or not as charged. HOW SHALL THE COURT ACQUIRE JURISDICTION OVER THE PERSON OF THE ACCUSED?  The court shall acquire jurisdiction over the person of the accused upon his arrest. Plea of not guilty shall be Entered to the Accused  When the accused refuses to plead;  When the accused makes a conditional plea; and  When the accused pleads guilty but presents exculpatory evidence. TAKE NOTE: Exculpatory evidence is that which is presented by the accused to set him free. IS THERE A NEED FOR THE ACCUSED AND THE OFFENDED PARTY TO BE PRESENT DURING ARRAIGNMENT?  On the part of the accused, he must be present to hear the charge against him and personally enter his plea.  On the part of the private offended party, there is no need for him to be present but he shall be present only for the following purpose: 1. Plea bargaining; 2. Determination of civil liability; and 3. Other matters require his appearance. AFTER THE ACCUSED PLEADS GUILTY, MAY THE COURT IMMEDIATELY IMPOSE A PENALTY?  No. When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove the guilt in the precise degree of culpability. Number of Days Involved During and After Arraignment:  3 days - When the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint;  10 days - The accused shall be arraigned within ten (10) days from the date of the raffle; The pre-trial conference of his case shall be held within ten (10) days after arraignment.  15 days - After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial.  30 days - The arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused; and the trial shall commence within thirty (30) days from receipt of the pre-trial order. Bail - is a security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified by law. (Sec 1, Rule 114 of the Rules of Court) FORMS OF BAIL  Corporate surety;  Property bond;  Cash deposit;  Recognizance - is the release of the defendant on the custody of a responsible member of the community who shall guarantee his appearance whenever required by the court. A person may be released on recognizance under the following instances only:  When the offense committed is light;  When the offender is minor; or  When the offender applies for probation. WHEN IS BAIL A MATTER OF RIGHT AND WHEN IS IT A MATTER OF DISCRETION? A. Bail is a matter of right:  Before or after conviction by the Metropolitan Trial Court, Municipal Trail Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court;   Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment B. Bail is discretionary upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment. C. Bail will be denied out rightly.  In other words, no person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution. WHAT ARE THE DISTINCTIONS AMONG CRIMINAL, CIVIL, AND ADMINISTRATIVE CASES? 1. In accordance where these cases are filed;  Criminal and civil cases are filed in courts and administrative cases are filed in quasi- judicial bodies. 2. In accordance to weight or sufficiency of evidence required;  In criminal cases, the evidence needed to convict an accused is proof beyond reasonable doubt; in civil cases, preponderance of evidence; and in administrative cases, substantial evidence. TAKE NOTE:  Proof beyond reasonable doubt is a degree of proof which produces conviction in an unprejudiced mind.  Preponderance of evidence means that the testimony adduced by one side is more credible and conclusive than the other.  Substantial evidence is the relevant evidence which a reasonable mind might accept as adequate to support a conclusion. 3. In accordance to imposable penalties;  Criminal cases, the imposable penalty is imprisonment, destierro, or even death; Civil cases, payment damages; Administratively cases, reprimand, suspension, or dismissal from the service 4. In accordance to the designation of the victim;  In criminal cases, the victim is known as the Private Offended Party; In civil cases, the victim is known as Plaintiff; In administrative cases, he is known as Complainant. 5. In accordance to the designation of the person being heard;  In criminal cases, the person being heard is known as Accused; In civil cases, he is known as Defendant; In administrative cases, he is known as Respondent. Pre-Trial - is an informal trial which precedes the regular trial of the case primarily intended to expedite the proceeding whenever the accused and his counsel agree whereby the court shall conduct a pre – trial conference, without impairing the rights of the accused. Considerations in Pre-Trial:  Plea bargaining;  Stipulation of facts;  Marking for identification of evidence of the parties;  Waiver of objections to admissibility of evidence;  Modification of the order of trial if the accused admits the charge but interposes a lawful defense; and  Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. Trial - is the formal investigation of matter in issue with respect to the action before a competent court for the purpose of determining such issue that involves the guilt or innocence of the accused. Order of trial: 1. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability; 2. The accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case; 3. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue; 4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda; TAKE NOTE: When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. WHAT IS THE MAXIMUM PERIOD OF THE RENDITION OF DECISION?  Supreme Court shall decide or resolve the case within twenty-four (24) months;  Courts of Appeals shall decide or resolve the case within twelve (12) months unless reduced by the Supreme Court;  Inferior Courts shall decide or resolve the case within three (3) months unless reduced by the Supreme Court; and  Sandiganbayan, shall decide or resolve the case within three (3) months. Judgment - is adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.  It must be written in the official language,  Personally, and directly prepared and signed by the judge.  Must contain legal bases of decision Appeal - is a resort to a superior court to review the decision of an inferior court or administrative agency. Elevation of the decision of the lower court to the higher court for the purposes of review.  Within 15 days – period of entering appeal from the date of promulgation.  After 15 days – the decision shall be Final and Executory. CORRECTION PILLAR Correction - A branch of the Criminal Justice System concerned with the custody, supervision and rehabilitation of criminal offenders. Penology - is the study of punishment for crime or of criminal offenders. It includes the study of control and prevention of crime through punishment of criminal offenders. Why is Correction tagged as the Weakest pillar of CJS?  This is because of its failure to deter individuals in committing crimes as well as the reformation of inmates. This is evident in the increasing number of inmates in jails or prisons. Hence, the need for prison management to rehabilitate inmates and transform them to become law- abiding citizens after their release is necessary. Classification of Correction:  Institutional Correction – deals with jails, prisons, and colonies where a convict is going to serve his sentence.  Non – institutional Correction – deals with service of sentence of a convict outside an institution. It is also known as a community-based treatment. Theories in Correction: Classical theory - it maintains the “doctrine of psychological hedonism” or “free will”. That the individual calculates pleasures and pains in advance of action and regulates his conduct by the result of his calculations. Neo-Classical theory - it maintained that while the classical doctrine is correct in general, it should be modified in certain details. Since children and lunatics cannot calculate the differences of pleasures from pain, they should not be regarded as criminals; hence they should be free from punishment. Positivist theory - the theory that denied individual responsibility and reflected non-punitive reactions to crime and criminality. It adheres that crimes, as any other act, is natural phenomenon. Criminals are considered as sick individuals who need to be treated treatment programs rather than punitive action against them. Punishment - It is the redress that the state takes against an offending member of society that usually involved pain and suffering. It is also the penalty imposed on an offender for a crime or wrong doing. Purposes Or Justification Of Punishment  Retribution – the punishment should be provided by the state whose sanction is violated, to afford the society or the individual the opportunity of imposing upon the offender suitable punishment as might be enforced. Offenders should be punished because they deserve it.  Expiation Or Atonement – punishment in the form of group vengeance where the purpose is to appease the offended public or group.  Deterrence – punishment gives lesson to offender by showing to others what would happen to them if they violate the law. Punishment is imposed to warn potential offenders that they can afford to do what the offender has done.  Incapacitation And Protection – the public is protected if the offender has been held in conditions where he cannot harm others especially the public. Punishment is affected by placing offenders in prison so that society is ensured from further criminal depredations of criminals  Reformation Or Rehabilitation – it is the establishment of the usefulness and responsibility of the offender. Society’s interest can be better served by helping the prisoner to become law abiding citizen and productive upon his return to the community by requiring him to undergo intensive rehabilitation in prison. Forms Of Punishment: Ancient To Contemporary A. Capital punishments – is death by means of burning at stake, beheading broken on the wheel, garroting (strangulation by a tightened iron collar), and other forms of medieval executions. broken on the wheel, crucifixion, stoning, etc.  Example: Burning at Stake; Death by Hanging; Death by Garroting; Death by Stoning; Death by Drowning; Death by Crucifixion; Death by Quartering; Death by Flaying; Death by Boiling; Death by Fed to Animals; Death by Breaking the Wheel; and Death by Beheading B. Corporal punishment – are those physical torture by means of mutilation, whipping or flogging, stocks, furca, stoning, branding, mutilation flogging/whipping.  Pillory - a prisoner in a standing position with the head and hands locked in place. Both devices exposed the prisoner to public scorn. And while confined in place, prisoners were frequently pelted with eggs and rotten fruit. In England they abolished the pillory during 1834  Flogging (whipping) - has been the most common physical punishment through the ages. The Mosaic code, for example authorized flogging and the Roman law specified flogging as a punishment for certain forms of theft. It is Common in England during the Middle Ages as chastisement for a wide variety of crimes; the women were flogged in private, while men were whipped publicly. The construction of flogging whips from simple leather straps or willow branches to heavy, complicated instruments designed to inflict a maximum of pain.  Cat-o’-nine-tails - traditional form of whip consisting if nine knotted cords fastened to a wooden handle. CAT- got its name from the marks it left on the body which were like the scratches of a cat.  Russian knout - is the cruel form of whip their knout was made of leather strips fitted with fish hook. When the prisoner was whipped, the hooks would dig into the body, ripping away  the proverbial “pound of flesh” with each stroke. A thorough whipping with the knout could result in death from blood loss. This kind of punishment survived into the 20th century  Furca - v-shaped yolk worn around the neck and where the outstretched arms of convict were tied to.  Polo Y Servicio - The early punishment were considered synonymous with slavery, those punished even had their “ heads shaved” indicating the mark of the slave. PENAL SERVITUDE/CIVIL DEATH- extensive use in Roman days, the offender’s property was confiscated in the name of the state and that his wife was declared a widow, meaning she is eligible to remarry. To society the criminal in effect “dead”. In forced labor they will perform hand labor in the great public works, working in the mines or galleys or building the public works planned by the government and collecting human waste from door to door.  Branding  Mutilation - another type of corporal punishment use in ancient and medieval societies. Archeological evidence shows that Pharaohs of ancient Egypt, or their representative often ordered mutilation and it is according to the law of retaliation. For example: Offenses Punishment; Thieves/counterfeiters hand cut-off; Liars & perjurers tongues torn out; Spies eyes gouged out; Sex criminals genitals removed; Blasphemers tongues pierced out, upper lips cut away.  Banishment or exile - is the sending or putting away of an offender. Jail - A place for locking-up of persons who are convicted of minor offenses or felonieswho are to serve a short sentence imposed upon by a competent court, or for confinement of persons who are awaiting trial or investigation of their cases. Two Kinds Of Jail: 1. Provincial Jails - are housing persons deprived of their liberty for more than six months but not more than three years. These persons are known provincial prisoners 2. City/Municipal Jails - are housing persons deprived of liberty for not more than six months. These persons are known as city or municipal prisoners. Prison - A penitentiary, an institution for the imprisonment (incarceration) of persons convicted of major or serious crimes. General Classification of Prisoners: 1. Detention Prisoners - Those detained for investigation, preliminary hearing, or awaiting trial. 2. Sentenced Prisoners - Offenders who are committed to jail or prison in order to serve their sentence after final conviction by a competent court. 3. Prisoners who are on Safekeeping - Includes non-criminal offenders who are detained in order to protect the community against their harmful behavior. Example: Mentally derange individuals, insane person. Classification of Sentenced Prisoners: 1. Insular or National Prisoners - Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment. Those convicted for the violation of the omnibus election code. 2. Provincial Prisoners - those persons sentenced to suffer term of imprisonment from 6months and 1 day to 3 years or a fine not more than 1,000 pesos or both; 3. City /Municipal Prisoners - Those confined in municipal jails to serve an imprisonment from 1 day to 6 months. Different Prisons In The Philippines 1. New Bilibid Prison - Created by virtue of Common Wealth act no. 67.  November 15, 1940- all inmates of the Old Bilibid Prison were transferred to the new site. Officially named on January 22, 1941 Two (2) satellites of New Bilibib Prison:   Bukang Liwayway Camp - houses minimum security prisoners who work in the various projects of the institution.  Sampaguita Camp - is where the Reception and Diagnostic Center, Medium Security Unit, and Youth Rehabilitation Center are located. 2. Correctional Institution For Women (CIW) - Located at Mandaluyong, City  Created by virtue of Republic Act No. 3579 in November 27, 1929. 3. Penal Colonies  Sablayan Colony and Farm (San Jose Occidental Mindoro) - Established on September 26, 1954 by virtue of Presidential Proclamation No. 72 has a total land area of approximately 16,190 hectares.  Iwahig Penal Colony and Farm (Palawan) - Establishment on November 16, 1904. Considered as the “Prison without Walls” in the world. 4 Sub-Colonies: a. Central sub-colony with an area of 14,700 hectares; b. Sta. Lucia with 9,685 hectares; c. Montible with 8,000 hectares; d. Inagawan with 13,000 hectares.  Davao Penal Colony and Farm (Central Davao) - first penal settlement founded and organized under Filipino administration. It was formally established on January 21, 1932 by virtue of Act No. 3732. Its main product is Abaca.  San Ramon Penal Colony and Farm - was established in southern Zamboanga on August 21,1870 through a royal decree promulgated in 1869. The facility was originally established for persons convicted of political crimes. Considered the oldest penal facility in the country.  Leyte Regional Prison (Abuyog, Southern Leyte) - established on January 16, 1973 a year after the declaration of martial law in 1972 by virtue of Presidential Decree No. 28. Youngest penal colony to be established Probation - is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer. Presidential Decree 968 - otherwise known as the “Philippine Probation Law” was approved July 24, 1976 and took effect on January 3, 1978. Section 18 PD 968 as amended states thecreation of the Probation Administration under the DOJ, which shall exercise general supervision over all probationers. Advantages Of Probation:  The convicted criminal offender can continue to work in his place of employment;  It prevents the tendency of broken homes;  It relieves prison congestion. Pardon - is an executive clemency granted by the President/Chief Executive. It may also be defined as an act of grace proceeding from the power entrusted with the President which exempts the individual on whom it is bestowed, from punishment the law inflicts for a crime he has committed. 2 Kinds of Pardon: 1. Conditional Pardon - a pardon given with requirements attached. 2. Absolute Pardon - a pardon given without any condition attached The Limitations Of The Pardoning Power Of The President:  Pardon cannot be extended in case of impeachment;  No pardon, parole, or suspension of sentence for violation of election laws may be granted without favorable recommendation of Commission on Elections (COMELEC);  Pardon is exercised only after conviction by final judgment; and  No pardon may be exercised over a civil contempt. Amnesty - is an act of sovereign power granting oblivion; It is also a 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, rebellion. Parole - is the suspension of sentence of a convict after having served the minimum of the sentence imposed without granting pardon, prescribing the terms of the suspension. The distinctions between Conditional Pardon and Parole are the following:  In conditional pardon, the accused need not serve his minimum sentence, while in parole, the minimum sentence must be served; and  In conditional pardon, the granting authority is the President, while in parole, the granting authority is the Board of Pardon and Parole. REPRIEVE AND SUSPENSION OF SENTENCE Reprieve and suspension of sentence - are the temporary stay or postponement of sentence. TAKE NOTE: Suspension of sentence is done for an indefinite time while reprieve is done to a fixed or definite date. Commutation - is an act of the President reducing the penalty of a convict. EXAMPLE: If the penalty of death is commuted (reduced) to life imprisonment or reclusion perpetua. Good Conduct Time Allowance - is the reduction of period of imprisonment if the convict shows good behavior. Former GCTA computation PERIOD OF IMPRISONMENT REDUCTION 1-2 years 5 days per month 3-5 years 8 days per month 6-10 years 10 days per month 11 years and above 15 days per month RA 10592 PERIOD OF IMPRISONMENT REDUCTION 1-2 years 20 days per month 3-5 years 23 days per month 6-10 years 25 days per month 11 years and above 30 days per month TAKE NOTE: At any time when his services include teaching, study or mentoring, additional 15 days off. Appeals made by prisoner do not disturb entitlement of good conduct allowance. GCTA Law New Features  The Department of Justice (DOJ) and the Department of the Interior and Local Government (DILG) have revised the Implementing Rules and Regulations (IRR) of the Good Conduct Time Allowance law (GCTA law), responding to public outcry over the near-release of high-profile convict Antonio Sanchez.  The new IRR of Republic Act 10592 or the GCTA law now categorically excludes heinous crime convicts like Sanchez from the benefits of the GCTA Law.  Heinous crimes are the same heinous crimes defined under Republic Act 7659 or the now- repealed death penalty law. It is the DOJ's view that RA 7659 was repealed only insofar as imposing the death penalty, but not the definition of heinous crimes (Section 1n, Rule II)  To increase transparency, the Management, Screening and Evaluation Committee (MSEC) shall publish the list of prisoners who may be qualified for release on 3 conspicuous places within the jail premises and/or uploaded in their respective websites subject to the Data Privacy Act (Section 3c, Rule VIII)  COMMUNITY PILLAR Community - refer to a society or body of people living in the same place, under the same laws and regulations which have common rights, privileges, or interests. However, the term community, when applied to the Criminal Justice System, is not limited to persons. It includes the homes, family, government, schools, churches, etc. It is the fifth pillar and known as the core of the Criminal Justice System. What are the duties of the community to insure the full enjoyment of the right of every child to live in a society? a. Bring about a healthy environment necessary to the normal growth of children and the enhancement of their physical, mental, and spiritual well-being. b. Help institutions of learning, whether public or private, achieve the fundamental objectives of education. c. Organize or encourage movements and activities, for the furtherance of the interests of children and youth. d. Promote the establishment and maintenance of adequately equipped playgrounds, parks, and other recreational facilities. e. Support parent education programs by encouraging its members to attend and actively participate therein. f. Assist the State in combating and curtailing juvenile delinquency and in rehabilitating wayward children. g. Aid in carrying out special projects for the betterment of children in the remote areas or belonging to cultural minorities or those who are out of school. h. Cooperate with private and public child welfare agencies in providing care, training, and protection to destitute, abandoned, neglected, abused, handicapped and disturbed children. The contribution of the community in reforming convicts released from jails and prisons, including those who are community-based-treatment: a. The community must overcome apathy towards prisoners and not to consider ex- prisoners as public enemies. Said members must be treated as members of the society. b. It must work hand-in-hand with the correctional institutions in order to succeed in their mission of placing the offender back in their normal social being. c. Clearance papers from the offices of Police, Mayor, the court and the fiscal should not be made an employment requisite of an ex-prisoner who wishes to land a job. d. An association should be formed that would cordially welcome individuals from the prisons walls and appraise them of their importance in society. Home - is the “cradle of human personality.” It is a haven of peace and refuge and where the fundamental values of courage, honesty, and integrity are taught and encouraged. It is also where children are brought up with the strength to make a difference and make the change they seek in this world. WHAT IS THE ROLE OF A HOME UNDER PRESIDENTIAL DECREE 603?  The home shall fully support the school in the implementation of the total school program (curricular and co-curricular) toward the proper physical, social, intellectual, and moral development of the child. Marriage - is special contract of permanent union between a man and woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences and incidents are governed by law and it is not subject to stipulation, except that marriage settlements may fix the property relations during marriage within the limits provided by law. Essential Requisites Of A Valid Marriage: a. Legal capacity of the contracting parties who must be a male and a female;  b. Consent freely given in the presence of the solemnizing officer. Formal Requisites Of A Valid Marriage: a. Authority of the solemnizing officer b. A valid marriage license c. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. TAKE NOTE: Any defect or absence of the essential requisites of marriage shall render the marriage VOID AB INITIO (void from the beginning). Any defect or absence of the formal requisites of marriage shall not affect the validity of marriage but the party or parties responsible for the irregularity shall be civilly, criminally, and administratively liable. WHAT ARE THE MATTERS THAT MUST BE CONSIDERED IN SELECTING MATE? a. Similarity of background  Social class  Education  Religion  Intelligence  Age  Ethics/Race b. Positive personality traits c. Genuine mutual love d. Agreement on parenthood  Family - is a group of people affiliated by consanguinity, affinity, or co-residence. It also refers to the basic social group united through bonds of kinship or marriage, present in all society. It is the primary institution that molds a child to become a law- abiding person. It is the principal institution for the socialization of children. The family is the most important unit in our society. It is here that the young learn to live as human beings, to think, feel, and behave according to the accepted norms, values and traditions of society.  School - is an institution or place for instruction or education. It is said that the school is an extension of the home having the strategic position to control crimes.  Church - is the religious society founded and established by Jesus Christ to receive, preserve, and propagate His doctrines, and ordinances. The church influences people’s behavior with the emphasis on morals and life’s highest spiritual values, the worth and dignity of the individual, and respect. THE FOUR-FOLD DUTY OF A SCHOOL OVER ITS STUDENTS: a. The school should plan an adequate school program that fits the needs of all school children and results in their wholesome growth and development. b. The school should identify those children who show signs of being susceptible to delinquent patterns of behavior and take the proper preventive or remedial measures to insure better adjustment. c. The school should work closely with parents and neighborhood leaders to assist them in developing a better understanding of the individual child and to help them remove neighborhood influence that is inimical to children’s welfare. d. The school should cooperate with all other community agencies and organizations such as churches, social welfare and development, juvenile control of every police station and other similar entities in a coordinated plan to meet the needs of the child in the most effective and constructive way. WHAT IS THE CONTRIBUTION OF MASS MEDIA IN PREVENTING CRIMESAND DELINQUENCY? a. They have a lot of influence over the mind of millions of the populace all over the archipelago.  b. With the modern trends of communication, mass media and radio broadcast have been and are considered the best instruments for information dissemination and the best source of knowledge for the public. c. It is mass media that gives food for thought to the people. Government - is the organization, or agency through which a political unit exercises its authority, controls, and administers public policy, and directs and controls the actions of its members or subjects. Katarungang Pambarangay Law  It was created by the virtue of Presidential Decree 1508 on June 1978  Likewise, Republic Act 7160 (Local Government Code of 1991) integrated provisions to strengthen the Katarungang Pambarangay.  It was created purposely to give the appropriate barangay chairman and barangay lupon officials to amicably settle cases within their jurisdiction. Barangay - the basic political unit; serves as the primary planning and implementing unit of government policies, plans, programs, projects, and activities in the community (Sec 384 of the Local Government Code) The Barangay Chief Officials and Offices are the following: 1. Punong Barangay 2. Seven (7) Sangguniang Barangay Members, 3. A Sangguniang Kabataan Chairman, 4. A Barangay Secretary 5. A Barangay Treasurer SUBJECT MATTERS FOR AMICABLE SETTLEMENT BEFORE THE LUPON CHAIRMAN: General Rule: All disputes are subject to barangay conciliation and prior recourse thereto is a pre – condition before filing a complaint in court or any government offices. Exemptions:  Where one party is the government, or any subdivision or instrumentality thereof;  Where one party is a public officer or employee and the dispute relates to the performance of his official functions;  Where the dispute involves real properties located in different cities and municipalities, unless the parties thereto agree to submit their difference to amicable settlement by an appropriate Lupon;  Any complaint by or against corporations, partnerships or juridical entities, since only individuals shall be parties to barangay conciliation proceedings either as complainants or respondents;  Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon;  Offenses for which the law prescribes a maximum penalty of imprisonment exceeding one (1) year or a fine of over five thousand pesos (P5,000.00);  Offenses where there is no private offended party;  Disputes where serious legal action is necessary to prevent injustice from being committed or further continued;  Any class of disputes which the President may determine in the interest of justice or upon the recommendation of the Secretary of Justice;  Labor disputes or controversies arising from employer – employee relations;  Actions to annul judgment upon a compromise which may be filed directly in court. Cases Covered:  Unlawful use of means of publication and utterances (Art. 154)   Alarms and scandal (Art. 155)  Using false certificates (Art.175)  Using fictitious names and concealing true names (Art.178)  Illegal use of uniforms and insignias (Art. 179)  Physical injuries inflicted in a tumultuous affray (Art. 252)  Giving assistance to consummated suicide(Art. 253)  Responsibility of participants in a duel if only physical injuries are inflicted or no physical injuries have been inflicted (Art. 260)  Less serious physical injuries (Art. 265)  Slight physical injuries and maltreatment (Art. 266) Rules to be Considered in Determining the Venue in Settling Disputes:  The 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 or any of the respondents actually resides, at the election of the complainant;  All disputes involving real property or any interest therein shall be brought in the barangay where the real property or the larger portion thereof 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. TAKE NOTE: The respondent must raise the question of improper venue in the mediation proceedings before the Punong Barangay; otherwise, the same shall be deemed waived. PROCEDURE TO BE FOLLOWED IN RESOLVING DISPUTES IN THE BARANGAY LEVEL: 1. The complainant complains orally or in writing to the Lupon Chairman of the barangay; 2. If the complaint is done orally, it is the duty of the Lupon Chairman to place it in writing. 3. Within the next working day from receipt of the complaint, the Lupon Chairman shall summon the respondent, with notice to the complainant, for them and their witnesses to appear before him for mediation; 4. If the Lupon Chairman fails in his mediation efforts within fifteen (15) days from the first meeting of parties, he shall set a date for the constitution of the Pangkat ng Tagapagkasundo; 5. The Pangkat shall convene not later than three (3) days from its constitution to hear both parties and their witnesses, simplify issues, and explore all possibilities for amicable settlement; 6. The Pangkat shall arrive at settlement or resolution of the dispute within fifteen (15) days, from the day it convened; otherwise, the Certification to File Action shall be issued. TAKE NOTE: Certification to File Action - It means the Lupon Secretary and attested by the Lupon Chairman, certifying that a confrontation of the parties has taken place and that a conciliation or settlement has been subsequently rejected.