The Philippine Criminal Justice System PDF

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM INTRODUCTION The view of criminal justice as a system is important for our understanding of the place of the corrections in it, but we must recognize that the system does not necessarily operates in a smooth, orderly manner with the a...

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM INTRODUCTION The view of criminal justice as a system is important for our understanding of the place of the corrections in it, but we must recognize that the system does not necessarily operates in a smooth, orderly manner with the accused persons entering upon arrest and henceforth moving briskly toward the disposition of their cases. The realities of the administration of justice lead many people to believe that it is not a system at all, because the well-oiled machine implied by the word system is not just there: the part are not functioning as the organization chart or rules are specify. However, social scientists know that systems depart from formally stated goals and procedures as various types of political, individual and organizational influences are brought into play. And the criminal justice system – a loose confirmation of agencies at all levels of the government that together provide the means by which offenders are apprehended, tried and punished – is susceptible to a multitude of such influences. SYSTEM CHARACTERISTICS As a system, criminal justice is made up of a set of interesting parts – that is, all the institution and processes by which decisions are made. For criminal justice to achieve its goals, each part must make its own contribution. None can function without some degree of contract with at least one other part. To group what it is that they do, we must look at their relationship with another: the police with prosecutors, probation officers with judges. Plea-bargaining between a persecutor and the defendant is probably the most obvious example of an exchange relationship. The defendant pleads guilty in exchange for some valued rewards: a reduction of charges, the prosecutor’s recommendation of a light sentence, a parole officer agreement to ease the rules in exchange for the so called face-to-face relationship are found throughout the system. DEFINITION OF TERMS A. Criminal Justice System – is the machinery, which the Philippine Society uses in the prevention and control of the crime. It is a group of agencies or legislators responsible in the adjudication of criminal laws. B. Criminal Justice System Process – it is the decision making point from the initial investigation or arrest by the Police to the offender and his re-entry to society. C. Criminal Justice – is a field of study, which deals with the nature of crime in the society as well as analyzing the formal processes, and social agencies, which had been established for crime control. D. Courts – refers to the body in the government, which is charged with the responsibility of the administration of justice.  E. Corrections – deals with punishments, treatment, incarceration and rehabilitation of offenders. F. Probation – is disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court to the supervision of a probation officer. Or a suspended sentence during good behavior. (PD 968 – Probation Law of 1976) G. Complaint – a sworn written accusation charging a person with an offense subscribe by the offended party and a peace officer or other charge with the law violated. H. Information – is an accusation in writing charging a person with an offense subscribes by the Fiscal and filed with the court. I. Arrest – it is the taking of a person into custody in order that he maybe forthcoming to answer for the commission of offense. J. Police Power – the inherent power of the state to enact laws subject to limitations. (Bill to attainder, Ex-Post Facto Law) Bill of Attainder – inflicting punishment without judicial trial. Ex-post Facto Law – it is a bill punishing acts, which are not punishable at the time of commission. K. Bail – Security for the temporary release or liberty of the accused. 1. Cash Bail 2. Surety Bond (Insurance) 3. Character Bail (Custody) L. Arraignment – stage of the proceeding wherein the accused will be informed about the nature and caused of the accusation against him and ask him guilty or not guilty for the offense charged. M. Mittimus – A warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence impose therein. N. Penology – is the study of reformation and rehabilitation of criminals and the management of prisons. FIVE (5) PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM (PCJS) 1. Police or Law Enforcement - to effect arrests on law violators 2. Prosecution – to seek legal punishment investigation 3. Courts – a place where justice is administered 4. Corrections or Correctional Institutions 5. Community – body of people living in the same place under the same laws BRIEF SURVEY OF CRIMINAL JUSTICE SYSTEM IN THE PHILIPPINES The five (5) pillars of Criminal Justice System in the Philippines are beset with the crime viewed as a major problem in the country. Considering the complexity of crime, there is no quick and simple explanations or solutions to it. However, with the coordinated efforts of the five processes of criminal  justice directly or indirectly somehow is put under check and not so widespread to cause panic and anarchy in our society. In fact, it cannot be gain said that the pillars fail in their functions as shown by our overcrowded jails/prisons, full dockets of the courts and office of the prosecutors, overwhelming caseloads of the Probation and Parole Board and the increase of witnesses cooperating in the prosecution of criminals in court. The discerning public must realize that each pillars fail in their functions has a vital role in the administration of justice the success of which lies entirely on its shoulder. Indubitably, it is not feasible to attain the goals of the criminal justice process if one of the pillars/components shirks and ignores its roles. To be more productive, the five pillars must solidify their relations with other agencies geared to their collective efforts to have an impartial administration of justice for all. FUNCTIONS OF CRIMINAL JUSTICE SYSTEM 1. Preventing the commission of crime, enforcing the law. 2. Protecting life, individual rights and property. 3. Removing dangerous persons for the community. 4. Deterring people from indulging in criminal activities. 5. Investigating, apprehending, prosecuting and sentencing those who cannot be deterred from violating the rules of the society. 6. Rehabilitating offenders and returning them to the community as law-abiding citizen. GOALS OF CRIMINAL JUSTICE SYSTEM 1. Primary Goals a. Maintenance of peace and order b. Protect members of society 2. Secondary Goals or Sub-Goals a. Prevention of crime b. The review of the legality of the preventive and suppressive measures c. The judicial determination of gift or innocence of those apprehended d. The proper disposition of those who have been legally found guilty e. The correction by socially approved means of the behavior of those who violate the criminal law f. The suppression of criminal conduct by apprehending offenders for whom prevention is ineffective. (Robert d. Pursley, P.S. Introduction to Criminal Justice System, Macmillan Publishing, 1991)  FIRST PILLAR OF THE PCJS IS THE LAW ENFORCEMENT By and large, law enforcement is preventive and deterrent activity. It consists of patrolling to supervise conduct, investigating to identify offenders and/or recover stolen or missing property, warning or arresting those who are probably guilty of criminal behaviour, and assisting in the prosecution and trial of offenders. Its goals are all aimed towards the prevention of crime and disorder, preservation of peace, and the protection of life, property and individual freedom. A large number of government agencies are involved in law enforcement, one way or another. The kind and degree of involvement varies from general and specific law enforcement to enforcing statues and regulation pertaining to particular government activities. The Philippine National Police (PNP) and the National Bureau of Investigation (NBI) spearhead the law enforcement function. The PNP a national in scope and civilian in character and is administered and controlled by the National Police Commission (NAPOLCOM); an attached agency of the Department of the Interior and Local Government (DILG). POLICE FUNCTIONS The role of the police is being incisively scrutinized under our modern criminal justice system and society. It is for this single reason that it is very difficult to define with certainty the actual role of policing that must be developed to meet the expectations and desires of the community from its police force. Be that as it may, Charles D. Hale in his book entitled “Police Patrol Organizations and Management” mentions the following as the goals and objectives of the law enforcement: 1. Crime Prevention 2. Criminal Apprehension 3. Order Maintenance 4. Public Services and 5. Traffic Regulations and motor accident investigation POWERS AND FUNCTIONS OF THE PNP a. Enforce all laws and ordinances relative to the protection of lives and properties; b. Maintain peace and order and take all necessary steps to ensure public safety; c. Investigative and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution; d. Exercise the general powers to make arrest, search and seizure accordance with the Constitution and pertinent laws; e. Detain the arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the constitution; f. Issue license for the possession of firearms and explosives in accordance with law; g. Supervise and control the training and operations of security agencies and issue license to operate security agencies, and to security guards and private detectives, or the practice of their profession; and h. Perform such other duties and exercises all other functions as may be provided by law. SECOND PILLARS OF THE PCJS IS THE PROSECUTION National Prosecution Service (NPS) is the prosecution arm of the government, the NPS which is under the supervision and control of the Department of Justice runs a nationwide organization  consisting of state prosecutors, provincial prosecutors and city/municipal prosecutors tasked to undertake the investigation and prosecution of cases involving violation of penal and special laws. The NPS is mandated to maintain and upholds he rule of law through effective expeditious delivery of prosecutorial services in order to enhance peace and order. The members of the NPS are primarily tasked to investigate and prosecute all criminal offenses defined and penalized under the Revised Penal Code and other special penal laws. FUNCTIONS OF PROSECUTORS a. Investigates, resolves or recommends disciplinary actions on all administrative cases filed against State Prosecutors, Provincial/City Prosecutors, including the support staff of the NPS; b. Renders opinions or queries from Prosecutors regarding violations of the Revised Penal Code and other penal laws and the proper legal interpretation thereof; c. Acts as Vice-Chairman of the Board of Canvassers of the Commission on Elections; d. Acts as Laws Officer of the province/city, in the absence of a legal officer, and as Legal Adviser of all political instrumentalities and their officials (RA 7160,”The Local Government Code of 1991”) e. Acts as Registrar or Deeds in the absence of the Registrar of Deeds and his deputy, and; f. Represents the Office of the Solicitor General, and acts as deputized Special Prosecutor of the Ombudsman and of the Commission on Elections when so deputized. PRELIMINARY INVESTIGATION Preliminary Investigation is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and be held for trial. (Sec. 1, Rule 112) Officers empowered to conduct preliminary investigation: a. Judges of the Municipal Trial Courts; b. Judges of the Municipal Circuit Trial Courts; c. National and Regional State Prosecutors; d. Provincial or City Prosecutors; and e. Such other officials that maybe authorized by law like the Tanodbayan, COMELEC lawyers and the Municipal Mayor in the absence of the Municipal Judge. Purposes/Objectives of Preliminary Investigation a. To protect the innocent against hasty, oppressive and malicious prosecution. b. To secure the innocent from an open and public accusation of trial, from the trouble expense and anxiety of public trial; and c. To protect the State from useless and expensive trials (Trocio versus Manata, 118 SCRA 241). UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION The procedure embodied in Republic Act No. 5189 which provide a uniform system of preliminary investigation giving the complainant and the respondent in a preliminary investigation the right to confront and cross-examine each other and their witnesses his “time consuming and not conducive to the expeditious administration of justice.”  As a consequence, Presidential Decree No. 77 as amended by P.D. No. 911 was issued by former President Ferdinand E, Marcos which amended Sec. 1 of Republic Act No. 5180 which provides for the procedure for the conduct of preliminary investigation in the following manner: a. All complainants shall be supported by the verified affidavits of the complaints and its witnesses accompanied by the other supporting documents. The statements of complaint and witnesses shall be sworn to before any fiscal or state prosecutor or any government officer authorized to administer oath who would certify that he has personally examined the affiants and he is satisfied that they voluntarily executed and understood their affidavits. b. If the investigating prosecutor finds no probable cause to conduct preliminary investigation, he shall dismiss the case based on the complaint’s affidavit and documents submitted. If there is a probable cause, the respondent shall be required to submit the counter affidavit and affidavits of his witnesses, if any, and other supporting document within ten days (10) from receipt of subpoena. An ex-parte investigation cannot be subpoenaed or fails to appear during the scheduled hearing despite due notice. c. The affidavits of the respondent and his witnesses shall also verified under oath and furnish the complainant copies of his counter affidavit and other supporting documents. d. The investigating fiscal shall immediately file the corresponding information in Court if the evidence establishes a prima facie case; if not, he shall dismiss the case. The investigating fiscal has the discretion to ask clarificatory questions to the parties and/or their witnesses. e. The investigating fiscal shall resolved the case within ten (10) days from termination and giving the parties copies of his resolution starting briefly the findings of facts and the law supporting his action. “The fiscal or the state prosecutor shall certify under oath in the information to be filed by his that he has examined the complainant and his witnesses, that on the basis of the sworn statements and other evidence submitted before him, there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaints and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence; Provided, that no assistant fiscal or state prosecutor may file an information or dismiss a case except with the prior authority or approval of the Provincial or city fiscal or Chief State Prosecutor: Further, that where an assistant fiscal or state prosecutor who has investigated the case, recommends the dismissal of the case but his findings are reversed by the Provincial or City Fiscal or by the Chief State Prosecutor, as the case maybe, on the ground that prima facie case exists. The Provincial or City Fiscal of the Chief State Prosecutor may, by him, and on the basis of the same sworn statements and evidence submitted, file the information against the respondent, or direct any other assistant fiscal or state prosecutor to do so, without conducting another preliminary investigation; Provided, finally, that where the resolution of the Provincial or City Fiscal of the Chief State Prosecutor is, upon review, reversed by the Secretary of Justice, the latter may, where he finds no prima facie case exists, authorized the direct the investigating fiscal concerned or any other fiscal or state prosecutor to cause or move for the dismissal of the case, or, where he finds a prima facie case, to cause the filing of an information in court against the respondent, based on the same sworn statements or evidence submitted without the necessity of conducting another preliminary investigation. (As amended by PD No. 911) DUTY OF INVESTIGATING FISCAL  If the investigating fiscal finds cause to hold the respondent for trial, he shall prepare the resolution and corresponding information. He shall certify under oath that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend dismissal of the complaint. In either case, he shall forward the records of the case including the resolution to the provincial or city fiscal or chief state prosecutor within five (5) days from his resolution. The latter shall take appropriate action thereon within ten (10) days from receipt thereof, immediately informing the parties of said action. No complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal or chief state prosecutor. Where the investigating assistant fiscal recommends the dismissal of the case but his findings are reversed by the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the latter may, by himself, file the corresponding information against the respondent or direct any other assistance fiscal or state prosecutor to do so, without conducting another preliminary investigation. If upon petition by a proper party, the Secretary of Justice reverse the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information. (Sec. 4, Rule 112) DEFINITION OF PROBABLE CAUSE (DEPARTMENT CIRCULAR NO. 42) “(1) As basis in charging / prosecuting person with and for an offense. Probable cause is the existence of such facts and circumstances, as would exile the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor that the person charged was guilty of the crime for which he was guilty of the crime for which he was prosecuted. (Euchanan vs. Vda. De Esteban, 32 Phil. 363; Que vs. Intermediate Apellate Court, 109 SCRA 137 (1989) “(2) As ground for an arrest or issuance of a warrant of arrest. Probable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to believe that the person sought to be arrested has committed an offense. (See Bernas, the Constitution of the Republic of the Philippines, a commentary Vol. 1, first Ed. 1987, pp.86-87) Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for arresting the accused. (34 Words and Phrases 15, citing Mudge vs. State, 45 N.Y.S. 2nd 296; 901) THE THIRD PILLAR OF THE PCJS IS THE COURTS The court plays a dual role in the Philippine Criminal Justice System – as participants and supervisor of the latter’s process and dissention. In its role as participants, the court determines for the guilt or innocence of the accused. The courts are responsible for the trial process. As supervisor, the court acts as important guardian of human rights.  TERMINOLOGIES 1. Court – is governmental body 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 power (21 CJS, 16) 2. Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and Joaquin) 3. Venue – is the site or location where the case is to be tried on the merits. 4. Bail – is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail maybe given in the form of corporate surety, property bonds, cash deposit or recognizance (Sec. 1, Rule 114) 5. Judgment – is the adjudication by the court that accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused (Sec. 1, Rule 120) COURT ORGANIZATION 1. Supreme Court - often referred to as the “court of Last Resort”. It renders final judgment on constitutional and other important issues and questions of law. 2. Court of Appeals – This court generally exercises appellate jurisdiction over decisions of interior courts not otherwise falling within the appellate jurisdiction of the Supreme Court. 3. Regional Trial Court – There are Regional Trial Court in various types of the country. Regional Trial Court exercise exclusive original jurisdiction in civil cases as describe in Sec. 19 Chapter II of the Batas Pambansa 129 (judiciary Reorganization Act of 1980) and in criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under of a court renders unnecessary any very frequent exercises of its powers. The fact that it operates by known rules and with reasonably predictable results leads those who might otherwise engage in controversy to compose their differences. (The New Encyclopedia Britannica, Vol.,22, Macropedia, Page 480) DIFFERENT COURTS IN THE PHILIPPINES 1. The Supreme Court – It shall be composed of a Chief Justice and fourteen (14) Associate Justice and may sit either en banc or its discretion, in division of three, five or seven members. Any vacancy shall be filled within ninety days from occurrence thereof (Sec. 4, par. (1), Art. VIII, New Philippine Constitution (1987)  The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an banc shall have the power to discipline judges of lower courts on order their dismissal by a vote of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon. (Sec. 11, Art. VIII, ibid) 2. Court of Appeals – it shall be composed of a Presiding Justice and fifty Associate Justices who shall be appointed by the President of the Philippines (Sec. 3, B.P. Blg. 129 as amended by Exec. Order No. 33) 3. Regional Trial Courts – There are thirteen (13) Regional Trial Courts one for each judicial region. 4. The so called Inferior Courts – There shall be created a Metropolitan Trial Court in each Metropolitan areas established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law (Sed. 25, Batasang Pambansa Blg. 129) 5. Sandiganbayan – a Special Court tasked to handle criminal cases involving graft and corruption and other offenses committed by public officers and employees to connection with the performance of their function or the so-called service-connected duties. The Sandiganbayan was created under Presidential Decree No. 1606 pursuant to Section 5, Article XIII of the 1973 Constitution, is a special court which has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offences committed by public officers and employees in relation to their offices. 6. Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a Metropolitan Trial Court is created in each metropolitan area established by law. A Municipal Circuits Trial Court is established in each area defined as a municipal circuit, comprising of one or more cities and/or more municipalities. A Municipal Trial Court is created in each of the Municipalities that are not comprised within a municipal area and a municipal circuit. The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal Trial Courts have exclusive original jurisdiction, among others, over all violations of city or municipal ordinances committed within their respective territorial jurisdiction and all offenses punishable with imprisonment of not to exceed four (4) years and two (2) months, or a fine of not more than four thousand pesos (4000) both such fine and imprisonment regardless of other imposable accessory or other penalties. 7. Shari’a Courts – The Shari’a Courts are equivalent to Regional Trial Courts but are found in some Provinces in Mindanao where the Muslim Code on Personal Laws is enforced. ROLE OF THE COURT 1. In its capacity as participant, the court must decide the culpability or innocence of the accused after careful examinations of the records of the case after its trial on the merit. If the, prosecution successfully proves the guilt of the accused beyond reasonable doubt. The court has no option but to render a decision convicting the accused. On the other hand, if the prosecution fails to show the guilt of the accused for insufficiency of evidence he would be exonerated or acquitted and or release from  prison if he is under detention unless he has another pending case where he fails to post bail for his provisional release. 2. As a supervisor, the court has a noble mission as a protector of human rights. These rights refer “to those rights which are inherent in our nature and without which we cannot live as human beings” (p. 4 Human Rights Questions and Answers, United Nations, New York, 1987). The main function of the courts is to promote justice in order to obtain peace, satisfaction and happiness of the citizenry. Corollary to this, the judge should exhibit impartially in his decision to the contentment of all litigants. COURTS FUNCTION 1. Keeping Peace – “The Primary functions of any court system in any nation – to help keep domestic peace – is so obvious that it is rarely considered or mentioned. If there were no agency to decide impartially and authoritatively whether a person had committed a crime and if so, what should be done with him, other person offended by his conduct would take the law into their own hands and proceed to punish him according to their uncontrolled discretion. If there were no agency empowered to decide private disputes and authoritatively, self-help, quickly degenerating to physical violence, would prevail and anarchy would result. Not even a primitive society could survive under such conditions. As social order would be destroyed. In this most basic sense, courts constitute an essential element in society’s machinery for keeping peace. 2. Deciding Controversies – in the course of helping to keep the peace, courts are called upon to decide controversies. If, in a criminal case, the defendant denies committing the acts against him, the court must choose between his version of the facts and prosecution’s, and if he asserts that his conduct did not constitute a crime, the court must decide whether his view of the law or the prosecution’s is correct…The issues presented to, and decided by the court maybe either factual, legal or both. 3. Administrative Role – it would be a mistake, however, to assume that courts spend all of their time deciding controversies. Many cases brought before them are not contested. They represent potential, rather than actual, controversies in which the court’s role is more administrative than adjudicatory. The mere existence, the exclusive and concurrent jurisdiction of the Sandiganbayan. THE FOURTH PILLAR OF THE PCJS IS THE CORRECTIONS The corrections pillar undertakes the information and rehabilitation of offenders for their eventual absorption into the social and economic streams of the community, through institutional or community- based programs. 1. The bureau of Corrections, which is under the Department of Justice, is responsible for the treatment and rehabilitation of national prisoners who are serving sentence of more than three (3) years. There are seven (7) correctional facilities, located all over the country, which are under the direct supervision and control of the Bureau. They are as follows: a. The National Penitentiary, which is known as the Bilibid Prison, is located in Metro Manila. It has three security compounds, namely: the Maximum Security Camp, Medium Security Camp and Minimum Security Camp. b. Correctional Institute for women located in Metro Manila is the only institution for the confinement and rehabilitation of female offenders. A penal superintendent administers it. c. There are five (5) prisons and penal farms situated in the different provinces outside Metro Manila. These are administered and managed by Penal Superintends. They are as follows: 1. Ihawig Prison and Penal Farm in Ihawig, Palawan 2. Leyte Regional Person in Abuyog, Leyte 3. Sablayan Prison and Penal Farm in Sablayan, Occidental Mindoro 4. San Ramon Prison and Penal Farm in Zamboanga Del Sur 5. Davao Prison and Penal Farm, Davao Del Norte 2. The Provincial Jails are administered and supervised by their respective provincial governments. Inmates who are serving sentence from six (6) months and one (1) day to three (3) years are confined in these jails. 2. The Bureau of Jail Management and Penology (BJMP) administer municipal and city jails, which is under the DILG. The inmates confined in these jails are serving sentence of not more than six (6) months of imprisonment. DEFINITION OF TERMS 1. Amnesty – a general pardon for offenses against a government primarily in case where whole groups, classes or sects are involved. 2. Commitment Order – a written order of a court or authority consigning a prisoner to a jail or prison to detention. 3. Contraband – anything that enters a jail in violation of its rules, or which an inmate is prohibited to possess. 2. Corporal Punishment – physical injury inflicted on the body of prison particularly on one convicted of a crime; like flogging, etc. 3. Detainee – a person who detained for the violation of law or ordinance and has not yet been convicted. 4. Escape Prone Prisoner – a prisoner having the natural inclination to evade custody against the will of the custodian or from the place where he is held in lawful custody or confinement. 5. Good Conduct Time Allowance (GCTA) – a reward for good conduct whereby a prisoner receives partial remission or reduction of his prison sentence. 6. Jail – a place for confinement for persons awaiting court action and the convicted offenders serving short sentences. 7. Lock up Security Facility – operated by police units for its temporary detention of persons held for investigation. 8. Mittimus – a warrant issued by a court bearing its seal and the signature of the judge directing the jail or prison authorities to receive the convicted offender for service of sentence imposed therein. 9. Pardon – an act of grace and a sovereign power inherent in the state, which exempts the individual from the punishment, which the law imposes for his crime. 10. Parole – the conditional release of a person from jail / prison prior to the full service of his sentence on his own recognizance. 11. Prisoner – a person confined in jail to serve a prison sentence after conviction by a competent court of authority. 12. Proselytizing – to convert or induce another to change his religious belief, sect, or the like, to another. 13. Reformation – the act of restoring to a good condition, reestablished in good repute or accept respectability; restore to a formal standing, rank, right or privileges. 14. Safekeeping – temporary custody of a person or the detention of a person for his own protection or care to secure from liability, harm, injury or danger. 15. Sentenced Prisoner – a person who is convicted by a final judgment and classified as follows: a. Insular Prisoner – a person who is sentenced to a prison term of over three (3) or to pay a fine of more than one thousand pesos (1,000) or both fine and imprisonment. b. City Prisoner – a person who is sentenced to serve imprisonment for not more than three (3) years or to pay a fine of not more than one thousand pesos (1,000) or both fine and imprisonment. c. Municipal Prisoner – a person who is sentenced to serve imprisonment for not more than six (6) months. 16. Suicide Risk – a person prone to taking his own life. 17. Tattooing – the act of pricking and making mark patterns on the skin with indelible pigments (BJMP Management Manual) PURPOSES OF CORRECTIONS AND SENTENCING 1. Deterrence (General Prevention) – is the “prevented effect with actual or threatened punishment of offenders has upon potential offenders” (John C. Ball, “The Deterrence Concept in Criminology and Law,” J. Crim. L. Vol. 46 No. 3 p. 347, September-October, 1955.) The doctrine of deterrence shows the aim of the state to prevent crime in order to have a peaceful society. Whatever the opinion of some authorities to the contrary, it cannot be denied that this doctrine has preventive effect to criminal activities compared to other social restraints. 2. Rehabilitation – In the process to help the criminals to adjust to society and to avoid deviant behaviour several measures were undertaken to rehabilitate them. To cite a few, these are vocational training, counselling and therapeutic treatment. 3. Reintegration – These is similar to the rehabilitative model in the sense that it considers the offenders need for assistance. In the same vein, this process submits that the criminal behavior was due to the  gap between the criminal and the community. For this reason the offender must be assisted to strive hard to face the forces in the society or community which he will join upon his release from jail/prison. 4. Isolation of Prisoners – There is a wide consensus to insulate the criminals from the law-abiding citizens so as not to pollute them. In modern times in order to attain this idea of isolation led to the building of prisons and penal colonies geared to protect the members of society from the influence of the lawless elements. 5. Punishment – An accused found guilty of an offense in the Philippines maybe convicted in the following penalties: 1. Reclusion Perpetua (Life Imprisonment) 2. Reclusion Temporal 3. Prison Mayor 4. Prison Correctional 5. Arresto Mayor 6. Arresto Menor 7. Destierro 8. Perpetual Absolute Disqualification 9. Temporary Absolute Disqualification 10. Suspension from Public Office, The Right to Vote and be Voted for, The Right to Follow a Profession or Calling 11. Public Censure, and 12. Fine (Arts. 70 and 71, Revised Penal Code) THE FIFTH PILLAR OF THE PCJS IS THE COMMUNITY It is the unique feature of the Philippine Criminal Justice System to have the Community as its fifth pillar. The community in this context refers to the elements that are mobilized and energized to help authorities in effectively addressing the law and order concern of the citizenry. As a sub system of the criminal justice system, the community is the most critical and useful component view of its massive and pervasive composition. Enlightened and cognizant of their roles in the maintenance of peace and order as well as in the dispensation of justice, members of the community get involved in providing assistance and support to crime prevention activities, particularly in improving the police, detection and prosecution of crime prevention programs and projects are community. Peace and Order Councils (POCs) at the national, regional, provincial, and city/municipal levels were reorganized and revitalized “to ensure more comprehensive and effective coordination of government efforts and the active participation of the citizenry relative to the national campaign against criminality and insurgency.” At the national level, the Secretary of the Department of National Defense and Vice Chairman of the National Police Commission as Vice Chairman and Secretary-General, respectively. Community involvement in the criminal justice process is institutionalized in the barangay, the smallest political unit of the nation. Barangay or village courts to provide for a community based mechanism for the amicable settlement of disputes by conciliation panels chosen by litigants  themselves. The conciliation body is the “Lupong Tagapayapa” which is the equivalent of “Chotei” of Japan, the “Panchayat” now known as the “Union Council in Pakistan”, and the neighborhood conciliation committee in China. The settlements and arbitration ward of the panel have the force and effect of the final judgment of a court. The barangay justice system exemplifies the personnel oriented approached to the dispensation of justice within a faster and shorter time frame, lesser rigor and much cheaper costs. Its performance over more than 15 years show that it is one sure mechanism of diverting cases of petty crimes and civil cases from the judicial system. The amicable settlement of disputes and ensure the preservation of the clear personal within the barangay. The community is represented in the People’s Law Enforcement Board(PLEB) which is a body created in every city/municipality to decide citizen’s complaints on cases filed against erring officers and members of the Philippine National Police. The active participant of non government organizations (NGOs), people organizations (POs), business groups, and civic and professional organizations is evident by their implementation of various projects which are aimed at assisting in the improvement of police services such as the butting up of Police Boxes and donating financial and logistical resources, and the like; supporting the investigation and prosecution services; providing employment opportunities, technical assistance and skills training of inmates, probationers and parolees; and involvement in the implementation of a Criminal Justice Information Program, among others. Representatives of these organizations sit as members of the NAPOLCOM Technical Panel on Crime Prevention and Criminal Justice, which formulates the Annual National Crime Prevention Program. Anti Drug Abuse organizations compliment efforts of the Dangerous Drug Board (DDB) and other concerned government agencies in the campaign against drug abuse. Some Barangay members and students have organized their crime prevention councils. A. The community has an unparalleled role as the fifth pillar in the Criminal Justice System. In this connection community is understood the mean as “elements that are mobilized and energized to help the authorities in effectively addressing the law and order concern of the citizenry.” B. As one of the Pillars or components of the Criminal Justice System, the community with its massive membership has vital responsibilities in law enforcement. The citizens can achieved these roles by identifying offenders, giving data about the illegal activities and cohorts of the criminals, the proliferation of organized crimes and syndicates, volunteering as witnesses, and adapting precautionary and remedial measures to diminish crimes. As previously pointed out, crime prevention is not the sole responsibility of the police but is equally the concern of every citizen in order to have a peaceful place to live in. The members of the community must extend assistance to crime prevention activities; Peace and Order Councils were reactivated “to ensure more comprehensive and effective coordination of government efforts and the active participation of the citizenry relative to the national campaign against criminal and insurgency.” C. There is growing interest in the rights and welfare of the victim shown by the government with the cooperation of the community leaders. Consequently, programs were undertaken to win their cooperation as witnesses for the state. Accordingly, Republic Act No. 6981, otherwise known as the “Witness Protection, Security and Benefit Act” was passed and approved by former President Corazon C. Aquino on April 24, 1991, precisely to attain this purpose. Under Sec. 8 of this law the witness shall have the following rights and benefits.