CLJ 1 - Philippine Criminal Justice System PDF

CLJ 1 - PHILIPPINE CRIMINAL JUSTICE SYSTEM THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE CRIMINAL JUSTICE CRIMINAL JUSTICE SYSTEM...

CLJ 1 - PHILIPPINE CRIMINAL JUSTICE SYSTEM THE DIFFERENT NOMENCLATURES GIVEN TO THE PERSON WHO IS BEING PROCESSED UNDER THE CRIMINAL JUSTICE CRIMINAL JUSTICE SYSTEM SYSTEM: Criminal Justice System refers to the sum total of 1. At the police stage, during investigation, he is referred to as instrumentation which a society uses in the prevention and control of the SUSPECT. crime and delinquency. It refers to the machinery of the state or 2. At the Prosecutors office, during the determination of government which enforces the rules of conduct necessary to protect probable cause or during the Preliminary Investigation, he life and property and to maintain peace and order. is referred to as the RESPONDENT. It also comprises all the means used to enforce those 3. At the trial of the case, when a case has been filed in Court, standards of conduct which are deemed necessary to protect he is referred to as the ACCUSED. individuals and to maintain general community well-being. 4. Once the Court has determined that the accused is guilty beyond reasonable doubt as charged and the judgement FIVE STAGES IN THE CRIMINAL JUSTICE PROCESS: has been rendered, he is referred to as the CONVICT. 1. Arrest 5. It is only upon undergoing all the process when the person 2. Charging has served the sentence when he can really be considered 3. Adjudication as a CRIMINAL. 4. Sentencing 5. Corrections THE FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM: CRIMINAL LAW AND THE CRIMINAL JUSTICE SYSTEM 1. Law Enforcement Criminal Law is the basis that takes place in the Criminal 2. Prosecution Justice System. Only violations of Criminal Law are being considered 3. Courts and processed in the Criminal Justice System. Where no violation of 4. Correction Criminal Law or where no commission of the crime criminal justice as 5. Community a process will not operate. The three components of the Criminal Justice System in the CRIMINAL LAW United States: Criminal Law is that branch of public, which defines crimes, 1. Law Enforcement treats of their nature, and provides for their punishment. 2. Courts 3. Corrections TWO CLASSIFICATIONS OF CRIMINAL LAW PHILOSOPHIES BEHIND THE CJS A. SUBSTANTIVE 1. Adversarial Approach -defines the elements that are necessary for an - assumes innocence act to constitute as a crime and therefore - the prosecutor has the burden of proof - the emphasis is given on the proper procedures punishable. 2. Inquisitorial Approach B. PROCEDURAL - assumes guilt - refers to a statute that provides procedures - the accused has the burden of proof appropriate for the enforcement of the - the emphasis is on the conviction of the Substantive Criminal Law. accused TWO BASIC PRINCIPLES OF CRIMINAL LAW IN THE PHILLIPINE CRIMINAL JUSTICE SYSTEM SETTING: ADMINISTRATION OF THE CJS 1. LAW ENFORCEMENT 1. PRESUMPTION OF INNOCENCE - also called the POLICE pillar. It occupies the frontline of This means that those who are accused of crimes are the CJS because they are regarded as the initiator of the system. considered innocent until proven guilty. The accused is entitled to all They are also the first contact of the law violator in the CJS process. the rights of the citizens until the accused’s guilt has been It investigates, makes arrests and prepares evidence against the determined by the court of law or by the accused’s acknowledgment suspects needed to prosecute them. of his guilt that he or she indeed committed the crime. No less than the Constitution of the Philippines provides that an accused shall be presumed innocent until proven guilty. 2. PROSECUTION - takes care of evaluating the evidence and formally 2. BURDEN OF PROOF charges the suspects before the court. It serves as screening In criminal cases means that the government must prove process on whether to file a case base on evidence or dismiss the beyond “reasonable doubt” that the suspect committed the crime. In same and determines what particular crime shall be formally filed and order to make sure that only those who are guilty of the crime as presents the burden of proof against the suspect. punished, our Rules on Evidence provides that the evidence, in order to be sufficient to convict an accused for a criminal act, proof beyond 3. COURT reasonable doubt is necessary. Unless his guilt is shown beyond - conducts arraignment and trial. It issues warrant of arrest reasonable doubt, he is entitled to an acquittal. if the accused is at large and acquits the innocent and adjudicate penalty for the accused if found guilty. CRIMINAL IN RELATION TO CRIMINAL JUSTICE SYSTEM The criminal is the main character of the Criminal Justice 4. CORRECTION System. - responsible for the incarceration and rehabilitation of the convicted person to prepare for eventual reintegration in the community. 1 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  3. Investigate and prevent crimes, effect the arrest of criminal 5. COMMUNITY offenders, bring offenders to justice and assist in their - helps the penitent offender to become law-abiding citizen prosecution; by accepting the ex-convict’s re-entry and assists said penitent 4. Exercise the general powers to make arrest, search and offender lead a new life as a responsible member of the society seizure in accordance with the Constitution and pertinent - not under or independent among the branches of the laws; government. 5. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all FIRST PILLAR: LAW ENFORCEMENT his rights under the Constitution; The law enforcement pillar is the branch of the criminal 6. Issue licenses for the possession of firearms and justice system that has the specific responsibility of maintaining law explosives in accordance with law; and order and combating crime within the society. 7. Supervise and control the training and operations of The Law Enforcement as the first pillar is considered to be security agencies and issue licenses to operate security the “initiator” or the “prime mover” of the Criminal Justice System. agencies and to security guards and private detectives, for This pillar is also commonly referred to as the police pillar. the purpose of their professions. This pillar is comprised of the different law enforcement agencies in the country such as the Philippine National Police, the POLICE ROLES AND FUNCTIONS IN THE SOCIETY National Bureau of Investigation, the Philippine Drug Enforcement I. LAW ENFORCEMENT Agency, the Bureau of Customs, the Bureau of Internal Revenue, The Philippine National Police has the power to enforce and the Land Transportation Office, among many others. laws and ordinances relative to the protection of lives and PHILIPPINE NATIONAL POLICE property, such as the Revised Penal Code, other special penal - Organized pursuant to RA 6975, as amended by RA 8551 as further amended by R.A. 9708. laws and city and municipal ordinances. RELEVANT LAWS ON THE ORGANIZATION OF THE PNP: II. CRIME PREVENTION - the elimination of the opportunity for the commission of a crime. 1.RA 6975 - the “Department of the Interior and Local III. POLICE PATROL Government Act of 1990”  Patrol has been described as the backbone of -approved on Dec 13, 1990 the police department. Theoretically, patrol 2. RA 8551 – the “PNP Reform and Reorganization Act of officers are the most valuable people in the 1998. organization. - approved on February 25, 1998. IV. CRIME DETECTION 3. RA 9708 - “An Act extending for 5 years the  Crime detection is the discovery of the police reglementary period for complying the minimum that a crime had been committed. educational qualification for appointment to the PNP and There are traditional ways that occurrence of crime is made adjusting the promotion system thereof”. known to the police: - Approved on August 12, 2009 1) when the victim personally reports the crime to PHILIPPINE NATIONAL POLICE the police; - a law enforcement agency under the DILG. 2) when a witness personally reports the crime to - under administrative control and operational supervision of the police; and the National Police Commission. 3) when the police catches an offender while in the It is an organization that is national in scope and civilian commission of a crime. in character, as provided by Section 6, Article 16 of the 1987 V. CRIMINAL APPREHENSION- the legal term for Philippine Constitution: “The state shall establish and maintain one criminal apprehension is arrest. police force which shall be national in scope and civilian in ARREST/ APPREHENSION character…” Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. NATIONAL IN SCOPE Modes of Arrest - means that the PNP is a nationwide government 1. arrest by virtue of a warrant organization whose jurisdiction covers the entire breadth of 2. arrest without a warrant the Philippine archipelago. - all uniformed and non-uniformed personnel of the PNP are An arrest may be made on any day and at any time of the day or national government employees. night, even on a Sunday. CIVILIAN IN CHARACTER WARRANT OF ARREST - means that that the PNP is not a part of the military, - an order in writing issued in the name of the People of the although it retains some military attributes such as Philippines, signed by a judge and directed to a peace discipline. officer, commanding him to take a person into custody in POWERS AND FUNCTIONS OF THE PNP order that he may be bound to answer for the commission 1. Enforce all laws and ordinances relative to the protection of of an offense lives and properties; - shall remain valid until the person to be arrested has been 2. Maintain peace and order and take all necessary steps to arrested or has surrendered ensure public safety; CIRCUMSTANCES OF WARRANTLESS ARREST: 2 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA) Arrest without warrant; when lawful. – A peace officer or - created by the virtue of Republic Act 9165. a private person may, without a warrant, arrest a person: - serves as the implementing arm of the Dangerous Drug a. When, in his presence, the person to be arrested has Board (DDB). committed, is actually committing, or is attempting to - Responsible for the efficient and effective law enforcement commit an offense; of all the provisions on any dangerous drug and/or b. When an offense has just been committed and he has controlled precursor and essential chemical as provided in probable cause to believe based on personal RA 9165. knowledge of facts or circumstances that the person to - headed by Director General with the rank of be arrested has committed it; and Undersecretary, appointed by the President. - The head of the PDEA is assisted by 2 deputies Director c. When the person to be arrested is a prisoner who has General, with the rank of Assistant Secretary, 1 for escaped from a penal establishment or place where he Operations and 1 for Administration, also appointed by is serving final judgment or is temporarily confined the President. while his case is pending, or has escaped while being transferred from one confinement to another. SECOND PILLAR: PROSECUTION Prosecution is the course of action or process whereby VI. SEARCH AND SEIZURE accusations are brought before a court of justice to determine the Search refers to the examination of an individual’s person, innocence or guilt of he accused. house, papers or effects, or other buildings and premises to discover In a criminal action, it is a proceeding instituted and carried contraband or some evidence of guilt to be used in the prosecution of on by due course of law, before a competent tribunal, for the purpose a criminal action of determining the guilt or The party in a criminal proceeding who instituted the SEARCH WARRANT criminal action is called the prosecution. - an order in writing issued in the name of the People of the The party against whom the criminal action was instituted is Philippine, signed by a judge and directed to a peace called the defense. officer, commanding him to search for personal property In all criminal prosecutions, the real offended party is the described therein, and bring it before the court People of the Philippines, for a crime is an outrage against, and its - has a validity period of TEN (10) days vindication is in favor of, the people in a sovereign state. Thus, all - can be served only once within its validity period criminal cases are titled “People of the Philippines vs. _____(the name of the accused). PERSONAL PROPERTY TO BE SEIZED a. Subject of the offense; THE PROSECUTOR b. Stolen or embezzled and other proceeds, fruits of the The prosecutor is the officer of the government whose offense; or function is the prosecution of criminal actions partaking the nature of c. Use or intended to be used as the means of the criminal actions. He is also referred to as public prosecutor and commission of the offense. fiscal. CIRCUMSTANCES OF WARRANTLESS SEARCH: THE NATIONAL PROSECUTION SERVICE (NPS) a. Warrantless search incidental to a lawful arrest under Sec. The NPS was created by virtue of Presidential Decree No. 12, Rule 128 Rules of Court 1275, entitled “Reorganizing the Prosecution Staff of the Department b. Seizure of evidence in plain view of Justice and the Offices of the Provincial and City Fiscals, c. Search of a moving vehicle Regionalizing the Prosecution Service and Creating the National d. Consented warrantless search Prosecution Service.” This law was enacted on April 11, 1978. e. Customs search The NPS is under the supervision and control of the f. Stop and frisk search, and Department of Justice (DOJ) and is tasked as the prosecutorial arm g. Exigent and emergency circumstances of the government. - headed by a Prosecutor General (formerly known as VII. CRIMINAL INVESTIGATION - is an art, which deals Chief State Prosecutor) pursuant to R.A. 10071, otherwise known as with identity and location of the offender and provides the “Prosecution Service Act of 2010”. evidence of his guilt in criminal proceedings. NATIONAL BUREAU OF INVESTIGATION (NBI) PRELIMINARY INVESTIGATION The National Bureau of Investigation (NBI) saw its Preliminary investigation is an inquiry or proceeding to inception on November 13, 1936 upon approval of Commonwealth determine whether there is sufficient ground to engender a well- Act No. 181 by the legislature founded belief that a crime has been committed and the respondent Tasked with organizing a Division of Investigation or DI is probably guilty thereof and should be held for trial (Sec. 112, patterned after the United States Federal Bureau of Investigation Criminal Procedure, Rules of Court). were Thomas Dugan, a veteran American police captain from the It is required to be conducted before the filing of the New York Police Department and Flaviano C. Guerrero, the only information for an offense where the penalty prescribed by law is Filipino member of the United States Federal Bureau of Investigation. at least 4 yrs, 2 mos. and 1 day. On June 19, 1947, by virtue of Republic Act No. 157, it was The purpose of conducting preliminary investigation is to reorganized into the Bureau of Investigation. Later, it was amended establish probable cause. by Executive Order No. 94 issued on October 4, 1947 renaming it to what it is presently known, the National Bureau of Investigation (NBI). Probable cause refers to the existence of such facts and The NBI is a government entity that is civilian in character, circumstances as would excite a belief in a reasonable mind, acting and national in scope which is under the Department of Justice. on the facts within the knowledge of the prosecutor, that the person 3 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas. charged is guilty of the crime for which he is prosecuted. It is the degree of evidence required in preliminary investigation. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY COMPLAINT INVESTIGATION: - is a sworn written statement charging a person with an, a. Provincial or City Prosecutors and their assistants; offense, subscribed by the offended party, any peace b. judges of the municipal trial courts and municipal circuit trial officer or other public officer charged ,with the courts enforcement of the law violated. c. National and Regional State Prosecutors; and d. Other officers as may be authorized by law. INFORMATION e. other officers as may be authorized by law: - an accusation in writing charging a person with an 1. Tanodbayan’s special prosecutors as authorized by offense, subscribed by the prosecutor and filed with the Ombudsman the court. 2. COMELEC’s authorized legal officers in connection An affidavit is a statement of facts under oath. with election offenses A subpoena is a process directed to a person requiring 3. special prosecutors appointed by the Secretary of him to attend and to testify at the hearing or the trial of an action, or Justice at any investigation conducted under the law, or for the taking of his deposition (Section 1, Rule 23, Rules of Courts). PROCEDURE FOR PRELIMINARY INVESTIGATION (Section 3, Rule 112, Criminal Procedure) INQUEST PROCEEDING Inquest procedure is an inquiry made by the duty Filing of COMPLAINT accompanied by prosecutor to determine the legality of the arrest made especially those arrests made without a warrant. Each police station or WITNESS’AFFIDAVITS AND SUPPORTING headquarters should in principle also have designated inquest DOCUMENTS prosecutors to process inquest procedures with a schedule of assignments for their regular inquest duties This process requires the prosecutors to resolve the complaint the police filed in a prescribed period which varies depending on the gravity of the offense: Within 10 DAYS after filing, the INVESTIGATING Light penalties = 12 hours PROSECUTOR either DISMISS OR ISSUE SUBPOENA Correctional penalties = 18 hours Afflictive penalties = 36 hours RA 9165 (Drugs) = 24 hours RA 9372 (Terrorism)= 72 hours BAIL If SUBPOENA issued- RESPONDENTS shall submit Bail is defined as the security given for the release of the COUNTER AFFIDAVIT and supporting documents person in the custody of the law, furnished by him or the bondsman, to guarantee his appearance before any court as required under the within 10 DAYS from receipt conditions as specified. The purpose of bail is to secure the appearance of the accused before the court when so required and to provide the accused of his temporary liberty while awaiting the processing and disposition of the case filed against him May conduct a CLARIFICATORY HEARING KINDS OF BAIL: (OPTIONAL) 1. Property bond; 2. Corporate Surety; 3. Cash Deposit; 4. Recognizance. PROSECUTOR- file a RESOLUTION TO THE DOJ ( if THIRD PILLAR: COURT Court, as the third pillar, is said to be the centerpiece of the there is PROBABLE CAUSE) criminal justice system and its primary and most important function as a component of the criminal justice system is to decide whether the accused is guilty or not guilty of the crime he is accused of committing. It is within the power of this pillar to end the process for the accused or to proceed with the next pillar, which is correction. - a body to which the public administration of justice is APPROVED BY THE DOJ DISAPPROVED BY THE DOJ 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. - a court is an organ of the government belonging to the judicial department whose function is the application of the laws to PROSECUTOR FILE PROSECUTOR SHALL controversies brought before it and the public for the administration of INFORMATION TO THE DISMISS THE CASE justice COURT JUDICIAL POWER 4 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  - is the power to apply the laws to contests or disputes - has appellate jurisdiction over cases decided by the concerning legally recognized rights or duties of and between the Regional Trial Courts. state and the private persons or between individual litigants in cases - It reviews not only the decisions and orders of the Regional properly brought before the judicial tribunals. It is vested in one Trial Courts nationwide, but also those of the Court of Tax Supreme Court and in such lower courts as may be established by Appeals law. 3. REGIONAL TRIAL COURTS (RTC) POWER OF JUDICIAL REVIEW - presided by a Regional Judge. - is the power of the Supreme Court to determine whether - has general jurisdiction over criminal cases and has laws passed by Congress and acts of the President are in jurisdiction over offenses punishable with imprisonment of accordance with the Constitution when the matter is raised. six (6) years and one (1) day and over. NOTE: All courts have judicial power but only the Supreme - has appellate jurisdiction over cases decided by the MTCC, Court has the power of judicial review. MTC, MeTC and MCTC. JURISDICTION 4. Municipal Trial Courts/Municipal Trial Courts in  It is the authority of the court to hear and try a particular Cities/Municipal Circuit Trial Court/Metropolitan Trial Court offense and to impose the punishment provided by law. Original Jurisdiction: (a) all violations of city and municipal ordinances, (b) all offenses punishable with imprisonment VENUE not exceeding six (6) years irrespective of the amount of fine, (c)  Refers to the place, location or site where the case is to be damage to property through criminal negligence. heard on its merits. MUNICIPAL TRIAL COURTS (MTC) REQUISITES FOR A VALID EXERCISE OF CRIMINAL  every municipality in the Philippines has its own Municipal JURISDICTION: Trial Court and every MTC covers only one municipality. 1. The offense is one which the court is by law authorized to take cognizance of MUNICIPAL TRIAL COURTS IN CITIES (MTCC) 2. The offense must have been committed within its  These are the equivalent of the Municipal Trial Courts in territorial jurisdiction cities outside Metropolitan Manila. 3. The person charged with the offense must have been brought to its presence for trial, forcibly, by warrant of MUNICIPAL CIRCUIT TRIAL COURTS (MCTC) arrest or upon his voluntary submission to the court.  A Municipal Circuit Trial Court is a municipal trial court which covers two or more municipalities. KINDS OF JURISDICTION 1. General – when the court is empowered to decide all METROPOLITAN TRIAL COURTS (MeTC) disputes which may come before it except those assigned  are Municipal Trial Courts in the cities in the Metropolitan in other courts. Manila Area as distinguished from the other political 2. Limited – when the court has the authority to hear and subdivisions in the Philippines. determine only a few specified cases. 3. Original - when the court can try and hear a case II. SPECIAL COURTS presented for the first time 4. Appellate – when the court can try a case already heard 1. SANDIGANBAYAN and decided by a lower court, removed from the latter by - created under Presidential Decree No 1606. appeal - Its rank or level is equal to that of the Court of Appeals and 5. Exclusive – when the court can try and decide a case Court of Tax Appeals. which cannot be presented before any other court - It is composed of a Presiding Justice and fourteen (14) 6. Concurrent – when any of two or more courts may take Associate Justices. cognizance of a case. - This special court is tasked to handle criminal cases involving graft and corruption and other offenses committed THE PHILIPPINE JUDICIARY by high- ranking public officers and employees in connection with the performance of their functions. Batas Pambansa Blg. 129 - It has original exclusive jurisdiction over public officers - otherwise known as the Judiciary Reorganization Act of accused of committing crimes in relation to their official 1980 which defines the organization, composition and jurisdiction of functions and whose salary grade is 27 and above. the courts. 2. COURT OF TAX APPEALS (CTA) - created by Republic Act No 1125, as amended by I. REGULAR COURTS Republic Act No 9282. - Its rank or level is equal to that of the Court of Appeals and 1. SUPREME COURT (SC) Sandiganbayan. - the highest court of the land. - It is composed of a Presiding Justice and five (5) Associate - composed of a Chief Justice and 14 Associate Justices. Justices. - has appellate jurisdiction over cases decided by the Court - - It has both the original and appellate jurisdictions of Appeals and has the power of judicial review. over civil and criminal tax cases involving the - the court of last resort National Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code. 2. COURT OF APPEALS (CA) - headed by a Presiding Justice and composed of sixty- 3. SHARI’A COURTS eight (68) Associate Justices. 5 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  - created pursuant to Presidential Decree 1083, otherwise for the purpose of determining such issue. It is the period for the known as the Code of Muslim Personal Laws of the introduction of evidence by both parties. Philippines. - the period for the introduction of evidence by both parties. - It has exclusive jurisdiction over cases that pertain to family - it shall in no case exceed 180 days the first day of the trial, rights and duties as well as contractual relations of Filipino except as otherwise provided by the Supreme Court. Muslims. And decisions rendered by the Shari’a District Courts are final. FOURTH STAGE: JUDGMENT JUDICIAL AND BAR COUNCIL (JBC) - the adjudication by the court that the accused is guilty or The Judicial and Bar Council, or JBC, is a body created by not guilty of the offense charged and the imposition of the the 1987 Philippine Constitution under the supervision of the proper penalty and civil liability Supreme Court. It has the principal function of recommending - defined as the decision or sentence of the given by a court appointees to the Judiciary. All justices and judges are appointed by as the result of proceedings instituted therein the President from a list of at least three (3) nominees prepared by the Judicial and Bar Council. Judgment of Conviction - if the judge finds the accused guilty of the charges against him. CRIMINAL PROCEEDINGS Judgment of Acquittal - if the judge finds the accused not A criminal proceeding consists of five main stages or parts: guilty of the charges against him. 1) Arraignment 2) Pre-trial Promulgation of Judgment - is an official proclamation or 3) Trial announcement of the decision of the court. The judgment is 4) Judgment promulgated by reading in the presence of the accused and any 5) Appeal judge of the court in which it was rendered. First Stage: ARRAIGNMENT A judgment becomes final: - the reading of the criminal complaint or information to the 1. when the period for perfecting appeal an appeal has lapsed; defendant, by the judge or clerk of court, and the delivering 2. when the sentence is partially or totally satisfied or served; to him a copy thereof, including a list of witnesses, and 3. when the accused expressly waives in wilting his right to asking him whether he pleads guilty or not guilty as appeal and charged 4. when the accused applies for probation. - the stage where the accused is formally informed of the charges against him by reading before him the information FIFTH STAGE: APPEAL or criminal complaint and asking him whether he pleads - the elevation by an aggrieved party of any decision, order guilty or not guilty as charged or award of a lower body to a higher body, by means of a - the stage where the issues are joined in criminal action and document which includes the assignment of errors, without which the proceedings cannot advance further memorandum of arguments in support thereof, and the - requires that the accused be personally or physically reliefs prayed for. present in court - an appeal must be within fifteen (15) days from promulgation of judgment, the period for perfecting an Plea is the response of the accused when asked whether he is appeal. guilty or not guilty of the offense charged. It is of two kinds: 1. guilty plea, which must be unconditional; and - the accused may or may not appeal his case 2. not guilty. - when the accused decides not to appeal his case, the decision becomes final and executory SECOND STAGE: PRE-TRIAL - on appeal, the State is represented by the Solicitor General - a conference called by the judge that requires the presence of both the prosecution and the accused before the FOURTH PILLAR: CORRECTIONS beginning of a trial - mandatory in all criminal cases Corrections is the fourth component of the criminal justice system. It is the branch of administration of criminal justice charged The following are to be taken up during the conference: with the responsibility for the custody, supervision and rehabilitation a. plea bargaining; of convicted offenders. It also deals with punishment, treatment and b. stipulation of facts; incarceration of offenders. c. marking for identification of evidence of the parties; It is composed of the institutional and non-institutional d. waiver of objections to admissibility of evidence; agencies of the government. e. modification of the order of trial if the accused admits the charge but interposes a lawful defense; PENOLOGY f. such other matters as will promote a fair and expeditious - a branch of criminology which deals with the treatment, trial of the criminal and civil aspects of the case. management and administration of inmates PLEA BARGAINING PURPOSES/OBJECTVES OF MODERN CORRECTIONS: - the process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition 1. RETRIBUTION of the case subject to court approval -imprisonment is supposed to be the payment of the offender to the victim or the victims family for the crime he committed THIRD STAGE: TRIAL against him or them Trial is the examination before a competent tribunal, 2. DETERRENCE according to the laws of the land, of the facts put in issue in a case, 6 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  - imprisonment is supposed to discourage convicted  it is the redress that the state takes against the offender offenders from committing crimes again because of their experience member of society in the prison or jail -at the same time, imprisonment is supposed to discourage TIME WHEN CORRECTIONS ENTER INTO THE PICTURE IN THE 3. ISOLATION ADMINISTRATION OF CJS - convicted offenders are separated from society to prevent Correctional Institutions enter into the picture, as a rule, them from committing another crime when the conviction of the accused has become final and executory. - at the same time, imprisonment protects law-abiding That is, when the judicial process has been completed and the court citizens from the harm criminals may inflict on them issues MITTIMUS for the enforcement of its decision. Although, Correctional Institutions, Jails in particular, may 4. REFORMATION receive an accused for custody or detention only, in which case the - this involves the use of punitive and disciplinary measures court issues a COMMITMENT ORDER. such as solitary confinement to modify or reform criminal behavior whose conduct and deportment is not totally responding to MITTIMUS rehabilitation programs - is a warrant issued by a court bearing its seal and the 5. REHABILITATION signature of the judge directing the jail or prison authorities - based on the premise that through correctional to receive the convicted offender for service of sentence. intervention, such as educational and vocational training and psychotherapeutic programs, an offender may be changed COMMITMENT ORDER - is a written order of a court or authority consigning a person 6. REINTEGRATION to jail or prison for detention. - the effort of correction to change criminal behavior should result in a situation and ability on the part of the penitent offender to TWO DIVISIONS OF CORRECTIONS return to society in some productive and meaningful capacity in a 1) Institutional Corrections free community. 2) Non-Institutional Corrections PENALTY INSTITUTIONAL CORRECTIONS  the suffering that is inflicted by the State for the transgression of the law DEVELOPMENT OF CORRECTIONS IN THE PHILIPPINES:  refers to punishment imposed by a lawful authority upon a person who commits a deliberate or negligent act. Penalty OLD BILIBID PRISON can take the form of imprisonment, payment of fines and - the main penitentiary was constructed in Azcarraga Street, damages, among others. Manila in 1847 - was formally opened on 10 April 1865 by a Royal Decree JUSTIFICATION FOR PENALTIES - later, it was transferred to its new site in Muntinlupa 1. PREVENTION - the State punishes the criminal to prevent or suppress the danger to the State and to the public BUREAU OF PRISONS - created pursuant to Act No 1407, otherwise known as the arising from the criminal acts of the offender. Reorganization Act of 1905, enacted on 1 November 1905, 2. SELF-DEFENSE - the State punishes the criminal as a as an agency under the Department of Commerce and Police measure of self-defense to protect society from the threat - was renamed Bureau of Corrections (Bucor) pursuant to and wrong inflicted by the criminal. Executive Order No 292 dated 22 November 1989. 3. REFORMATION - the State punishes the criminal to help him reform or be rehabilitated. SEVEN (7) PRISONS AND PENAL FARMS IN THE PHILIPPINES 4. EXEMPLARITY - the State punishes the criminal to serve 1. SAN RAMON PRISON AND PENAL FARM as an example to others and discourage others from - was established in Southern Zamboanga on 21 August committing crimes. 1869. 5. JUSTICE - the State punishes the criminal as an act of - was established during the tenure of Governor General retributive justice, a vindication of absolute right and moral Ramon Blanco, whose patrol saint the prison was named law violated by the criminal. after. - was established originally for persons convicted of political crimes JURIDICAL CONDITIONS OF PENALTY - considered the oldest penal facility in the Philippines. 1. JUDICIAL AND LEGAL - penalty must be imposed by the proper authority and by virtue of a judgment as prescribed by 2. IWAHIG PENAL COLONY law. - established on 16 November 1904 in Puerto Princesa City, 2. DEFINITE - penalty must be specific and exact. Palawan. 3. COMMENSURATE - penalty must be proportional to the - originally served as a depository for prisoners who could gravity or seriousness of the crime committed. not be accommodated at the Old Bilibid Prison in Manila - classified as a penal institution in 1907 by virtue of Act No 4. PERSONAL - penalty must be imposed only to the person 1723. who actually committed the crime with no substitutes. 5. EQUAL - penalty must be applied to all who committed the 3. CORRECTIONAL INSTITUTION FOR WOMEN (CIW) offense. - created by virtue of Act No 3579 enacted on November 1931. PUNISHMENT - located at Welfareville, Mandaluyong City - established to accommodate female prisoners 7 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  - the female prisoners from the Old BIlibid Prison were PD 29 – the law that classified prisoners transferred to CIW on 14 February 1931. CLASSIFICATION OF PRISONERS 4. DAVAO PENAL COLONY 1. Detention Prisoners - the first penal settlement founded and organized under a. Persons held for security reasons Filipino Administration b. Persons held for investigation - established in 21 January 1932 by virtue of Act No 3732 c. Persons waiting for final judgment - located in the districts of Panabo and Tagum in Davao del d. Persons waiting for trial Norte. 2. Sentenced Prisoners – prisoners who convicted by judgment by 5. NEW BILIBID PRISON competent court. - originally was located in Manila before it was transferred a. Municipal Jail Prisoner – sentenced to serve a to Muntinlupa City in 1935 prison term for 1 day to 6 months. - officially named the New Bilibid Prison on 22 January b. City Jail Prisoner – sentenced to serve 1941 imprisonment for 1 day to 3 years - has three security facilities/camps: c. Provincial Jail – sentenced to 6 months a. maximum security – for those whose one day to 3 years sentence is twenty years and above d. National or insular Prisoners – Sentenced to 3 b. medium security – also called Camp years 1 day to Reclusion Perpetua or Life Sampaguita; for those whose sentence Imprisonment. is less than twenty years PRISON c. minimum security – also called Camp  derived from the Greco- Roman word, “presidio” Bukang Liwayway; for those who are  under the supervision of the national government through physically-handicapped, sixty-five (65) the Bureau of Corrections under the Department of Justice years old and above, and those who  has custody over convicted offenders whose sentence is have only six (6) months remaining in imprisonment of three years and one day and above their sentence. JAIL 6. SABLAYAN PRISON AND PENAL FARM  derived from the Spanish words, “jaula” and “caula” - established on 27 September 1954 by virtue of  under the supervision of the local government through Presidential Proclamation No 72 either the Office of the Provincial Governor or Bureau of - located in Occidental Mindoro Jail Management and Penology, both under the - the facility where prisoners from the New Bilibid Prison Department of Interior and Local Government are brought for decongestion purposes  has custody over convicted offenders whose sentence is imprisonment of three years or less 7. LEYTE REGIONAL PRISON  has custody over offenders who are in detention while - was established in 16 January 1973 by virtue of undergoing investigation, undergoing trial and awaiting Presidential Decree No 28 judgment - situated in Abuyog, Southern Leyte - admits convicted offenders from Region 6 and from the NON-INSTITUTIONAL CORRECTIONS national penitentiary in Muntinlupa INSTITUTIONAL CORRECTIONAL AGENCIES IN THE 1. BOARD OF PARDONS AND PAROLE PHILIPPINES - grants parole and recommend to the President the grant of any form of executive clemency to deserving prisoners or 1. BUREAU OF CORRECTIONS (BUCOR) individuals - an attached agency of the Department of Justice - reviews reports submitted by the Parole and Probation - principal task is for the rehabilitation of prisoners Administration and make necessary decisions - maintains its offices at the New Bilibid Prison Compound - a functional unit under the Department of Justice. in Muntinlupa City - exercises over all control and supervision of all the 2. PAROLE AND PROBATION ADMINISTRATION corrections/prisons facilities nationwide - originally called Probation Administration and was created - has custody of prisoners sentenced to imprisonment of by virtue of PD 968 of 1976 to administer the probation more than three (3) years system - was renamed Parole and Probation Administration by EO 2. Provincial Jails – jails for the safekeeping of prisoners at the No 292 capital of each province. It shall be under the supervision and control - given the added function of supervising prisoners who, of the provincial governors. after serving part of their sentence in jails or prisons, are released on parole with parole conditions 3. Bureau of Jail Management and Penology (BJMP) – created by - an attached agency to the Department of Justice virtue of Republic Act 6975, exercises supervision and control over all district, city and municipal jail nationwide. Formally established on 3. Department of Social Welfare and Development (DSWD) – January 2, 1991. renders services for Children in Conflict with the Law (CICL) (RA 9344, Juvenile Justice and Welfare Act of 2006, April 28, 2006). DETENTION PRISONERS - those held for security reasons, investigation, those awaiting or undergoing trial and awaiting EXECUTIVE CLEMENCY judgment - the collective term for absolute pardon, conditional pardon, SENTENCED PRISONERS - those convicted by final judgment and reprieve and commutation of sentence. are serving their sentence 8 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  1. PARDON (b) giving data about the illegal activities and cohorts of the criminals, - is a form of executive clemency granted by the President and the proliferation of organized crimes and syndicates; as a privilege extended to convicts as a discretionary act of grace (c) volunteering as witnesses; (d) adopting precautionary and remedial measures to diminish crime. TWO (2) KINDS OF PARDON As had been pointed out, crime prevention is not the sole a. ABSOLUTE PARDON - refers to the total responsibility of the police but is equally the concern of every citizen extinction of the criminal liability of the individual in order to have a peaceful place to live in. to whom it is granted without any condition whatsoever and restores to the individual his civil KATARUNGANG PAMBARANGAY (VILLAGE JUSTICE) rights and remits the penalty imposed for the b. CONDITIONAL PARDON - refers to an PD 1293 – the law “Creating a Katarungang Pambarangay exemption of an individual, within certain limits or Commission to Study The Feasibility of Resolving Disputes at the conditions, from the punishment that the law Barangay Level” inflicts for the offense he has committed resulting - promulgated on 27 January 1978 in the partial extinction of his criminal liability PD 1508 – the law “Establishing a System of Amicably Settling 2. REPRIEVE Disputes at the Barangay Level” - the temporary stay of the execution of a sentence, usually a death sentence RA 7160 – otherwise known as the “Local Government Code of - another prerogative exercised by the President 1991” - generally, applied to death sentences already affirmed by - provides for the REVISED KATARUNGANG the Supreme Court PAMBARANGAY LAW - enacted on 10 October 1991 3. COMMUTATION OF SENTENCE - an act of clemency by which a heavier or longer sentence LUPONG TAGAPAMAYAPA is reduced to a lighter or shorter term - It is a body of men created to settle disputes within the - refers to the reduction of the duration of a prison sentence barangay level. It is also referred to as the LUPON. - another prerogative of the President - The Lupon shall be composed of the Barangay Chairman 4. AMNESTY as Chairman of the Lupon and the Barangay Secretary as - a special form of pardon exercised by the President the Secretary of the Lupon, plus other members who shall - a general pardon extended to a certain class of people who be not less than ten (10) but not more than twenty (20). are usually political offenders - Any resident of the barangay of reputable character may be - needs the concurrence or approval of Congress appointed as member of the Lupon. Members of the Lupon shall be appointed by the Barangay Chairman. PAROLE - The Lupon shall be constituted every three years. - A Lupon member shall serve for a period of three years. - a procedure by which prisoners are selected for release on - Essentially, the Lupon must provide a forum for matters the basis of individual response and progress relevant to the amicable settlement of disputes for the within the correctional institution and a service by which speedy resolution of disputes. they are provided with necessary control and guidance as they serve the remainder of their sentence within the PANGKAT TAGAPAGKASUNDO community - It shall act as the conciliation panel. It is also referred to as - provided by Act No 4103, the Indeterminate Sentence Law, the PANGKAT. which took effect on 5 December 1933. - It shall be composed of three (3) members chosen from the members of the Lupon. They shall choose from among the PROBATION three of them the Pangkat Chairman and Pangkat Is a disposition under which a defendant after conviction Secretary. and sentence, is released subject to conditions imposed by the court - The Pangkat shall be constituted whenever a dispute is and under the supervision of a probation officer. It is a privilege brought before the Lupon. granted by the court to a person convicted of a criminal offense to - The members of the Pangkat shall be chosen by the remain in the community instead of actually going to prison. parties of the dispute from among the Lupon members. In - provided by Presidential Decree No 968, the Probation Law case of disagreement, the Barangay Chairman shall draw of 1976 lots. FIFTH PILLAR: COMMUNITY Matters that fall under the jurisdiction of the Lupon: a. those involving offenses that are punishable by the Role of the Community as the fifth pillar of the Criminal Justice imprisonment of one year and below, or a fine in System the amount of five thousand pesos and below; The community is understood to mean as “elements that b. those involving parties that actually reside or work in the are mobilized and energized to help authorities in effectively same barangay; addressing the law and order concern of the citizenry.” c. those involving marital and family disputes; d. those involving minor disputes between neighbors; The responsibilities of the community in relation to Law e. those involving real properties located in the barangay; Enforcement. VENUE FOR AMICABLE SETTLEMENT As one of the pillars or component of the Criminal Justice - disputes between persons actually residing in the same system, the community with its massive membership has vital barangay shall be brought for amicable settlement before responsibilities in law enforcement. the Lupon of said barangay; The citizens can achieve these roles: (a) identifying offenders; 9 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.  - those involving actual residents of different barangays parties before the Chairman or the Pangkat, and that within the same city or municipality shall be brought in the no conciliation or settlement has been reached as barangay where the respondent actually resides; certified by the Secretary, or unless the settlement has - all disputes involving real property or any interest shall be been repudiated by the parties.” brought in the barangay where the real property or the larger portion is situated; - those arising at the workplace where the contending parties The amicable settlement shall have the force and effect of are employed or at the institution where such parties are a final judgment of a court upon the expiration of ten (10) days from enrolled for study shall be brought in the barangay where the date of settlement. such workplace or institution is located. PROCEDURE FOR AMICABLE SETTLEMENT Any individual who has a cause of action against another individual involving any matter within the authority of the Lupon may complain, orally or in writing, to the Lupon. COMPLAINANT – the person who filed the complaint against the respondent RESPONDENT – the person who is being complained of CAUSE OF ACTION – an act or omission of one party in violation of the legal rights of another for which the latter suffers damage which affords a party to a right to judicial intervention MEDIATION OR CONCILIATION – the process whereby disputants are persuaded by the Punong Barangay or Pangkat to amicably settle their disputes.  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.  The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to hear both parties.  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 the Pangkat.  The Pangkat shall meet not later than three (3) days after their constitution, on the date set by the Chairman, to hear both parties.  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 the Pangkat.  All amicable settlement shall be in writing. IMPORTANCE OF RESORTING TO AMICABLE SETTLEMENT BEFORE GOING TO THE POLICE Disputes that fall under the jurisdiction of the barangay must be brought to the barangay before it can be brought to the police. Parties must attempt to have their disputes amicably settled at the barangay level because the law dictates that it is a pre-condition to filing of complaint in court. As stated in Section 412 of RA 7160: “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 10 LEA/STARS/CLE January 2024 Ang pagkopya, pagpapakalat, paggam it, pagbabago, pagbebenta, pag-upload, at pag-dow nload nang w alang m alinaw at nakasulat na pahintulot ng S T A R S N K L R eview S ervices & C onsultancy ay m ahigpit na ipinagbabaw al. A ng gagaw a ng m ga nabanggit ay m aaring sam pahan ng kasong krim inal at adm inistratibo sang-ayon sa m ga batas ng P ilipinas.