Review on Phil Criminal Justice System

INRODUCTION:
1. Justice is rendering what is due him. It is also refers to the peace, order and well-being of the
society that are threatened or disrupted when a crime is committed.
2. Law is a rule of just conduct, and made obligatory by legitimate authority for the general
welfare and benefit of the people. A law must be just or equal wherein no one is above the
law and it applies to everyone. In any law, punishment is always attached, to give a deterrent
or controlling effect unto the other’s behavior. Laws and punishment must not be feared but
rather it should only be followed for everybody’s equal opportunity of protection. Those who
are afraid of the law are only those would be violators of law, for they know that they will be
punished and suffer curtailment of one’s freedom as a consequence of violating the law.

DIVISION OF PHILIPPINE LAW

1.Substantive law
– law that creates the right and obligations of persons; defines their status; governs their
relations; and confers power upon them.
2.Adjective law
– it is part of the law that governs the prosecution and defense of action involving the
enforcement of rights and obligation.
3.Public law
– deals principally with the powers, rights and obligations of the state.
4.Private law
– deals with the individuals his rights and transactions, and his affairs.
5.International law
– governing relation between state and sovereign entities or between states and international
organization of state.
6. Municipal law
– the entire body of law enacted by jurisdiction and applied in that jurisdiction
.
THE CRIMINAL JUSTICE SYSTEM
• Justice
– it refers to the peace, order and well-being of the society that are threatened or disrupted
when a crime is committed.
• Criminal Justice
– it is part of justice that concerns itself with giving the state, the victim of the crime as well as
the victim, the dessert consequent upon the commission of the crime.
• Criminal Justice System
- it consist of the institution, offices, officers and procedures for the enforcement of public order,
particularly for dealing with infractions or violation of laws.
• Offender
– it is the principal character in the criminal justice system.
• Victim/Offended Party
– they are the neglected or forgotten man in the criminal justice system.

THE SYSTEM
1. SOCIAL GOALS AND IDEALS
2. ENACTED INTO LAW
3. ENFORCEMENT
4. VIOLATION OF LAW
5. TRIAL
6. CORRECTIONAL SYSTEM
7. COMMUNITY
 THE CONCEPT OF THE Crime
• “An act or omission punishable by law” (RPC, Phils)
• “An act or omission prohibited by law for the protection of the public, the violation of which is
prosecuted by the state in its own name and punishable by incarceration.” (Model Penal Code, US)
Elements of Crime
1. An act (actus reus)
2. An unlawful act
3. An intent (mens rea)
4. Attendant circumstances
5. Concurrence of act and intent
6. Causation

RESTORATIVE JUSTICE
• An effective alternative to the administration of Criminal Justice.
• Crime is, primarily, an offense against human relationships and, secondarily, against the state.
Principle of Restorative Justice:
1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to participate fully
in response to its solution if they wish.
3. Government’s role is to preserve a just public order, and the community’s role is to build and
maintain a just peace.
LAW GOVERN THE CJS
1. Philippine Constitution of 1987
a. Congress/Senate – pass laws (bicameral legislature)
b. Executive – enforce laws
c. Judiciary – interpret the laws
2. Revised Penal Code (Act 3815 as amended)
3. Rules of Court
Take note: Principle of “Nullum crimen, nulla poena sine lege” – “If there is NO CRIME, there is NO
LAW PUNISHING IT”.

PURPOSE OR GOAL OF CJS

1. Primary Goals
a. Maintenance of peace and order.
b. Protection of member of the society.
2. Secondary Goals.
a. Prevention of crime.
b. Review legality of preventive and suppressive measures.
c. Judicial determination of guilt or innocence of those apprehended.
d. Proper disposition of those who have been found guilty.
e. The correction of socially approved means of the behavior of those who violate criminal law.
f. Suppression of criminal conduct by apprehending offenders for whom prevention is
ineffective.

5 COMPONENTS OF CRIMINAL JUSTICE SYSTEM

1. POLICE/LAW ENFORCEMENT
2. PROSECUTION
3. COURT
4. CORRECTION
5. COMMUNITY

POLICE OR LAW ENFORCEMENT- FIRST PILLAR

• The prime mover of the system.
• Component of the CJS which is vulnerable to corruption.
The term “POLICE”
-It is derived from the word POLITIA, meaning condition of the state, government and
administration. POLITIA originated from the Greek word “Politea” which means government,
citizenship, or the entire activity of a POLIS, a city.
But in restricted sense, it refers to that body of armed men which as an institution is capable
of exercising its duties by armed physical forces in the preservation of peace and order, detection and
investigation of crimes, and enforcement of laws.

THE PHILIPPINE NATIONAL POLICE (PNP)

The PNP is the primary law enforcement agency of the country, which is national in scope
and civilian in character. It was activated on January 29, 1991 under Section 23, Chapter III, of RA
6975, entitled, "An Act Establishing the Philippine National Police Under a Reorganized Department
of the Interior and Local Government,". It was constituted from the full merger of the former PC and
the INP with Police Director General CESAR NAZARENO as the First Chief, PNP.

CONSTITUTIONAL BASIS FOR HE CREATION OF PNP

• Section 4, Article 2 of the 1987 Constitution provides that, "... it is the policy of the State to promote
peace and order, ensure public safety and further strengthen local government capability aimed
towards the effective delivery of basic services for the citizenry through the establishment of a highly
and competent police force that is national in scope and civilian in character".
• Section 23, Chapter III, of Republic Act No. 6975, "An Act Establishing the Philippine National Police
Under a Reorganized Department of the Interior and Local Government", or otherwise known as, "The
PNP Law".

PNP POWERS AND FUNCTIONS

1. Statutory Power of the Police:
• To enforce laws and ordinances relative to the protection of lives and properties;
• To maintain peace and order and take all necessary steps to ensure public safety;
• To investigate and prevent crime, effect the arrest of criminal offenders, bring offenders to
justice and assist in their prosecution;
• To detain arrested person/s for a period not beyond what is prescribed by law, informing the
persons so detained of all rights under the constitution; and
• To exercise the general powers to make arrest, search and seizure and enforce pertinent
laws.
2. Licensing, Supervisory and Control and Training:
• To issue licenses for the possession of firearms and explosives in accordance with law;
• To supervise and control the training and operations of security agencies and issue license
to operate security agencies, and to security guards and private detectives for the practice of
their profession;
• To train students taking up their baccalaureate, vocational or technical courses in undergoing
Law Enforcement Service Program in compliance to the National Service Law.
3. Deputized Statutory Power of the Police to perform such other duties and exercise all other
functions as maybe provided by law such as:
• To enforce election laws during the conduct of election;
• To enforce laws on agriculture, environment and natural resources;
• To enforce laws on land transportation; and,
• To enforce other laws under the jurisdiction of various departments and/or offices of the
government where the PNP is deputized under the principle of intra-coordination between and
among offices/ departments of the government.

PERTINENT LAWS IN THE CREATION OF PHILIPPINE NATIONAL POLICE

• Republic Act No. 4864 – police act of 1966. This law gives birth to NAPOLCOM.
• Presidential Decree 765 –Philippine Constabulary/Integrated National Police (PC/INP) Law. •
Presidential Decree 1184 – police professionalization law of 1977 and gives birth to Philippine
National Police Academy.
• Republic Act No. 6975 –an act establishing the PNP under the reorganized Department of Interior
and Local Government and for other purposes.
• Republic Act No. 8551 – PNP reform and reorganization act of 1998.
Republic Act No. 9708 – an act extending for five (5) years the reglementary period for complying
with the minimum educational qualification for appointment to the Philippine National Police (PNP) and
adjusting the promotion system thereof, amending for the purpose pertinent provisions of republic act
no. 6975 and republic act no. 8551 and for other purposes.

ROLE OF NAPOLCOM OVER THE PNP

• Exercise administrative and operational supervision.
• Advice the president on all matters involving police function and administration.
• Render the president and congress an annual report.
• Perform other function as president may direct.

THE PLEB
• It has jurisdiction to hear and decide citizen’s complaint or cases filed before it against
officers of the Philippine National Police.
• It composed of the following:
1. Member of sanguniang bayan/lungsod chosen by their sangunian
2. Barangay captain (ABC president)
3. Member of peace and order council from the respected community known for their integrity.

MIRANDA DOCTRINE/WARNING
• It is a warning given to a person who is a suspected in a crime and is under custodial
investigation. It includes:
• Right to remain silent.
• Right to counsel, preferably his own choice.
• Right to be informed by such rights and accusation against him.
• These rights are required to be recited by a police officer except such information will imperil the
arrest.

OTHER LAW ENFORCEMENT AGENCIES

• National Bureau of Investigation (created by Commonwealth Act 181 and reorganized by Republic
Act 157)
• Philippine Drug Enforcement Agency (PDEA) – RA 9165
• Optical Media Board (OMB) - Republic Act 9239
• Bureau of Customs (BOC)
• Bureau of Immigration (BI)
• Bureau of Internal Revenue (BIR)
• Bureau of Quarantine
• Bureau of Food and Drugs (BFAD)
• Commission on Human Rights (CHR)
• Maritime Industry Authority (MARINA)
• Philippine Coast Guard (PCG) - Republic Act No. 9993
• Movie and Television Review and Classification Board (MTRCB)
• Intellectual Property Office (IPO) - Republic Act No. 8239
• Department of Environment and Natural Resources (DENR)
• Bangko Sentral ng Pilipinas (BSP)
• Land Transportation Office (LTO) – RA 4136

TRIVIA!!!
Differentiate the following:
• Confession and Admission
• Crime Prevention and Crime Control
 • Motive and Intent
• PNP and AFP

PROSECUTION- Second Pillar

Terminologies:
• Prosecution
– is the process or method whereby accusations are brought before the court of justice to
determine the guilt or innocence of the accused.
• Prosecutor
– it refers to the person who is a quasi-judicial officer who assures full discretion and control
over a criminal case in the administration of justice and represents the government or the people of
the Philippines in a criminal proceeding in the court of law.
• Preliminary investigation
– it is the inquiry or proceedings for the purpose of determining whether there is sufficient
ground that the crime is committed and probably guilty thereof and should be held for trial.
• Probable cause
- it is the existence of such facts and circumstances as would exile the belief that the person
charged is guilty thereof.
• Inquest
– it is an informal and summary investigation conducted by a public prosecutor in criminal
cases when the suspect was arrested without warrant in order to continue the detention of the suspect
beyond what is prescribed by law.
• Ombudsman
– a conditionally independent office that has disciplinary and prosecutorial functions and
exercise jurisdiction over administrative cases filed against government officers or employees and can
impose administrative penalties. (RA 6770)

KINDS OF PROSECUTION
1. Adversarial/Accusatorial system
– the victim or his representative has the primary responsibility for finding and presenting
evidences to the court. The accused is presumed guilty until proven innocence.
2. Inquisitorial
– the judge searches the facts, listens to witness to be taken, and investigate to prove the guilt
or innocence of the accused. The accused is presumed innocence until proven guilty.
3. Mixed system
– adopts both accusatorial and inquisitorial, where the victim or his representatives provides
the fats, evidences and testimony of witness to prove the guilt of the accused. The accused is
presumed innocent and also provides facts, evidences and testimony of his witness to disprove the
accusation of the complainant. The judge will investigate and determine the guilt of the accused
beyond reasonable doubt and its moral certainty.

PROSECUTION SERVICE
-A prosecutor is one whose principal task is to charge violators of the law with the offenses
that they may have committed, to conduct preliminary investigation, to file the necessary information
before the court, and to represent the People of the Philippines. Prosecutors are part of the Executive
Branch of government and as a general rule belong to the Department of Justice. However, the
Ombudsman also prosecutes offenses committed by public officer or employees.

FUNCTIONS OF PROSECUTION:
1. Conduct preliminary investigation
2. Make proper recommendation during the inquest
3. Represent the government in the absence of private counsel/prosecutor under his
supervision and control
4. Acts as a law officer, adviser of political instrumentality’s and their officials
5. Investigate administrative cases
INVESTIGATING FISCAL
1. Finds cause to hold the respondent for trial, and he shall prepare the resolution and
corresponding information.
2. Certify under oath, shown by the record, an authorized officer, personally examine the
complainant and his witnesses that the accused is guilty thereof.
3. Informed by the complaint and of the evidence submitted against the accused.
4. Given an opportunity to submit controverting evidence.
5. If there is no probable cause, recommend the dismissal of the complaint.
6. Forward the record of the case including the resolution to the provincial of city fiscal of chief
state prosecutor within 5 days.

PROSECUTORIAL DISCRETION
1. It is similar with the police to determine the course of action and the proper recommendation relative
to the case assigned to him.
2. File the case in court on the merits.
3. Dismiss the case of insufficiency of evidence.
4. Enter into agreement with the defense counsel.
5. Recommend reduced charges and bail in favor of the accused.

REMIDIES OF THE OFFENDED PARTY AGAINST FISCAL WHO REFUSES UNREASONABLY

OR UNJUSTIFIABLY TO FILE INFORMATION DISPITE OF THE PRESENCE OF PRIMA FACIE
EVIDENCE OF PROBABLE CAUSE
1. File criminal case against the accused.
2. File administrative case against the prosecutor.
3. Hold the prosecutor criminally liable.
4. File accused for mandamus to compel the fiscal to file information.
5. File motion for reconsideration.
6. Appeal to DOJ.
TRIVIA!!!
Differentiate the following:
• Evidence and Proof
• Complaint and Information
• Civil Case and Criminal Case
• Adultery and Concubinage
• Prescription of Crime and Prescription of Penalty

COURT- THIRD PILLAR

Terminologies:
• Court – is the governmental body officially assembled under the authority of law at the appropriate
time and place for the administration of justice through which the state enforce its sovereign rights and
powers.
• Judge – a public officer so named in his written evidence of appointment (commission) assigned to
preside over and to administer the law in a court of justice.
• Arraignment – it is the reading of the criminal complaint or information to the defendant, by the judge
or clerk of court and delivering to him of the copy thereof, including the list of witnesses and asking
him whether he pleads guilty or not.
• Promulgation – the clerk of court reads the decision of the judge after hearing of the case.
• Bench – it refers to the courts in general.
• Bar – it refers to persons authorized to practice the legal profession (lawyers admitted to the roll of
attorneys of the Supreme Court).
• Venue – it is the site and location where the case is to be tried on the merits.
• Trial – it is the period for the introduction of evidence by both parties.
• Certiorari – it is a writ issued from a superior court requiring a lower court or a board, or officer
exercising judicial functions to transmit the records of a case to the superior court for the purpose of
review.
• Mandamus – an order issued by superior court commanding a lower court or a corporation, board
or person to perform a certain act which it is or his duty to do so.

BRIEF HISTORY OF COURTS

Trial by Order – it is an ancient procedure whereby an appeal was made to God to make manifestation
of the guilt or innocence of accused. This was considered as “Judicium” which means the judgment
by God.
Trial by Ordeal – it is a system of determining guilt and innocence based on painful test of skills. This
method of administration of justice was abolished in 1215.
In the Philippines, during the pre-Spanish period almost the same concept was being adopted
based from the early law of the Philippines.
During the Spanish era, there where laws being followed by the people but no due process of law
was used to establish the guilt or innocence of the person. Only the determination of punishment to
be imposed upon the person who believed to have violated the law. During the early years of Spanish
regime, the highest court was Royal Audencia that decides criminal and civil charges but its decision
were appealable to the Supreme Court of Spain in Madrid.
When Manila fell to the American occupational forces in 1898, General Wesley Meritt established
a military government and organized provost/military courts that tried and decide all cases. But on May
29, 1899 Gen. Meritt issued General Order No. 20 which re-established the audencia. The said order
named six Filipino members of the Court and Cayetano Arellano was appointed as the first Filipino
Chief Justice. June 11, 1901 marks the birth of Supreme Court by the virtue of Act 136 (Judiciary Law).
Other courts such as Court of First Instance (Regional Trial Court), Justice of the Peace Courts and
other court were subsequently established. On August 8, 1901, the new Supreme Court promulgated
its first decision.

SCOPE OF JUDICIAL POWER

Judicial Power – it is the power to apply the laws to contest or disputes concerning legally
recognized rights and duties between the states and private persons, or between individual litigants in
cases properly brought before the judicial tribunals.

a. To pass upon the validity or constitutionality of the laws of the state and the acts of other branches
and department of the government.
b. To interpret and construe the law.
c. To render authoritative judgment.
d. To punish person adjudge in contempt and issue warrants of arrest after due process has been
observed.

JURISDICTION OF THE COURTS

Jurisdiction – it is the authority to hear and determine a cause. It can be over the offense (i.e.
determined by law) as well as over the accused (i.e. by means of arrest or surrender of the accused).
1. General – when it is empowered to decide all disputes which may come before it except those
assigned to other courts.
2. Limited – when it has authority to hear and determine only a specific case. (Special court)
3. Original – when it can try and decide a case presented for the first time.
4. Appellate – when it can take a case already heard and
5. Exclusive – when it can try and decide a case which cannot be presented before any court.
6. Concurrent – when anyone of two or more courts may take cognizance of a case.
7. Criminal – that which exists for the punishment of crime.
8. Civil – that which exists when the subject matter is not a criminal nature.
Criminal Procedure – it is the method pointed out by law for the apprehension, trial or prosecution
and fixing a punishment of the person who have violated or accused to have broken or violated the
law, prescribe for the coagulation of the conduct of the people of the community and who have thereby
laid themselves liable to fine or one who commits the crime and to be punished.

Functions of court
1. Keeping peace – it is the primary functions of any courts by giving justice.
2. Deciding controversies
3. Administrative role.
4. Decide the culpability or innocence of the accused.
5. Protector of human rights – promote justice in order to obtain peace satisfaction and happiness
of our citizenry and judges should exhibit impartiality in his decision to the contentment of all his
litigants.

ORGANIZATION OF COURTS
A. Regular Courts – the Philippine Judicial System consists of a hierarchy of courts resembling a
pyramid under the Reorganization Act of 1980.
1. First Level Court/Inferior court
– a court which have jurisdiction over cases where the penalty that may be imposed does not
exceed six years imprisonment.
It is classified as:
a. Municipal Trial Court – a trial court in municipality and the judge covers one municipality.
b. Metropolitan Trial Court – a trial court in metropolitan areas or chartered cities.
c. Municipal Trial Court for Cities – a trial court in a city.
d. Municipal Circuit Trial Court – a trial court in municipality and the judge covers two or more
municipalities.
2. Court of General Jurisdiction/Regional Trial Court
– it refers to a court which have jurisdiction over offenses punishable by more than six years
imprisonment to reclusion perpetua or life imprisonment.
3. Court of Appeals
– a collegiate appellate court that reviews judgments from inferior courts and court of general
jurisdiction. It is composed of a one presiding judge and sixty-eight associate justices who shall be
appointed by the president of the Philippines. It operates in seventeen divisions, each comprising three
members. It only sits in en banc to exercise ceremonial, administrative or other non- adjudicatory
functions. It was established under Batas Pambansa Bilang 129 known as “The Judiciary
Reorganization Act of 1980”.
4. Supreme Court
– it is the court of final appeal that affirms, modifies, affirms or reverses judgments of lower
court. It is composed of chief justice and fourteen associate justices 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
and it shall be appointed by the president. Likewise, Supreme Court has the power to discipline judges
of lower courts or order their dismissal by the vote of majority.

SPECIAL COURTS
1. Sandiganbayan
– a collegiate court that sit both as a trial court or as an appeal court when the accused is a
government employee classified as Salary Grade 27 or above and is charged with a crime in
connection with his office. This special court was established under Presidential Decree 1606 and its
rank is equivalent to Court of Appeals. It sits in five divisions of three justices each. Those divisions
may sit at the same time. The first three divisions stationed in Metro Manila (Luzon), the fourth division
in Cebu City (Visayas) and the fifth division shall be in Cagayan de Oro (Mindanao).
2. Court of Tax Appeals
– a collegiate appellate court that has criminal jurisdiction over violation of the Internal
Revenue Code where the principal amount of taxes and fees exclusive of penalties and charges in
one million pesos or more. It is a special court of limited jurisdiction. It was created under Republic Act
1125 and expanded its jurisdiction and enlarging its membership through Republic Act 9282. It is the
same level with Court of Appeals. It composed of Presiding Judge and five associate justices and sits
in two divisions consisting of three justices.
3. Family Court
– a trial court that has jurisdiction over criminal offenses where either the victim or the
perpetrator is a child regardless of the offenses or penalty be imposed. It is created through Republic
Act 8369 otherwise known as “Family Court Act of 1997”.
4. Military Court
– a court that exercises jurisdiction over men and women of the AFP who violates Article of
War. The president as commander-in-chief has the authority the decisions made by them.
5. The Shari‘a Courts
-This court was created under Presidential Decree 1083. This court was established in certain
specified provinces in Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced.
A Shari‘a District Court is of limited jurisdiction. Cases falling within the exclusive jurisdiction
primarily pertain to family rights and duties as well as contractual relations of Filipino Muslims in
Mindanao. It has appellate jurisdiction over all cases tried in Shari’a Circuit Courts within their territorial
jurisdiction. There are five Shari’a District Courts.
A Shari’a Circuit Courts is similar to Municipal Circuit Trial Courts and were established in
certain municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced. There are fifty-one Shari’a Circuit Courts.

PERIOD OF RENDITION OF DECISION

• First level court/inferior court – 3 months
• Court of Appeals/Collegiate appellate court – 12 months
• Supreme Court – 24 months

BARANGAY JUSTICE SYSTEM

• Chapter 7, Title One, Book III, Local Government Code of 1991, Republic Act 7160 - Katarungang
Pambarangay Law which took effect on June 1, 1992.
• PD 1508 - the first law which institutionalized the Katarungang Pambarangay which took effect on
December 20, 1978.

THE LUPONG TAGAPAMAYAPA

• composed of the punong barangay, as chairman and ten (10) to twenty (20) members
• possessing integrity, impartiality, independence of mind, sense of fairness, and reputation for probity

Functions:
1. Exercise administrative supervision over the conciliation panels.
2. Meet regularly once a month to provide a forum for exchange of ideas among its members and the
public on matters relevant to the amicable settlement of disputes, and to enable various conciliation
panel members to share with one another their observations and experiences in effecting speedy
resolution of disputes.
PANGKAT TAGAPAGSUNDO
• Constituted for each dispute brought before the lupon consisting of three (3) members who shall be
chosen by the parties to the dispute from the list of members of the lupon.
• The three (3) members constituting the pangkat shall elect from among themselves the chairman
and the secretary

CASES WHERE AMICABLE SETTLEMENT IS NOT APPLICABLE

• One party is the government and its instrumentality
• One party is a public officer or employee, and the dispute relates to the performance of his official
functions
• Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand
pesos (P5, 000.00)
• Offenses where there is no private offended party
• Where the dispute involves real properties located in different cities or municipalities unless the
parties thereto agree to submit their differences to amicable settlement by an appropriate lupon
• disputes involving parties who actually reside in barangays of different cities or municipalities, except
where such barangay units adjoin each other and the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon
• Other classes of disputes which the President may determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.

PARTIES MAY GO DIRECTLY TO COURT IN THE FOLLOWING INSTANCES:

• The accused is under detention.
• The person is calling for habeas corpus proceedings.
• Where actions are coupled with provisional remedies.
• Where the action may otherwise be barred by the statute of limitations.

GENERAL RULES IN BARANGAYJUSTICE SYSTEM

1. NO LAWYERS allowed in barangay hearings.
2. Not all cases go to the Katarungan Pambarangay.
3. Execution may be filed in court.
4. The Lupong Tagapamayapa is NOT a court.

TRIVIA!!!
Differentiate the following:
• Warrant of Arrest and Search Warrant
• Accused and Plaintiff
• Motion and Objection
• Appeal and Motion for Reconsideration
• Arbitration, Mediation and Conciliation

CORRECTION – FOURTH PILLAR

Terminologies:
• Correction
– it is the community’s reaction to a convicted offender. It is the fourth pillar of CJS and
considered as the weakest among the pillars.
• Penology
– it is the division of criminology that focus with the philosophy and practice of society in its
effort to repress criminal activities. It was derived from the Latin word “poena” which means “pain” or
“suffering”.
• Punishment
– it is regarded as an effective means of social control. It is the imposition of penalty whether
in a form of imprisonment and fine or both.
• Protection
– it is regarded as a social defense wherein the society would gain protection by putting
criminals behind bars.
• Deterrence
– it is based on the belief that the offender when punished and inflicted with suffering would
learn the hard way.
• Retribution
– it is a primitive form of inflicting punishment by way of personal vengeance. In its imposition,
the punishment would depend on the degree of satisfaction the aggrieved of offended party would
obtain.
• Reformation
 – it is the latest justification resorted to by the imposition of punishment. It is an attempt to
return the law violator as responsible and productive member of the society.
• Rehabilitation
– refers to treatment by means of therapy, vocational training, education and counseling to
help criminals to adjust to society and to avoid deviant social behavior.
• Indeterminate Sentence
– a sentence of imprisonment for the maximum period define by law subject to the termination
by the parole board at any time after serving the minimum period.
• Mittimus
– a warrant issued by the court bearing it seals and the signature of the judge directing a
correctional facility to receive the convicted offender for service of sentence imposed therein.
• Diversification
– it refers to penal system’s implementation of segregation.
• Carpeta
– the institutional record of inmate which consist of his commitment order, the prosecutor’s
information and the decision of the court, including the appellate court if there is any.
• Classification
– it is the method of placing prisoners into type of categories by which diagnosis treatment
planning and execution of treatment programs are coordinated in individual case.
• Custody
– a penal safekeeping includes measures and activities.
• Detainee
– a person under custody for the violation of law or ordinance and has not yet been convicted.

• Prison
– refers to institution for confinement of sentence prisoners serving imprisonment for more
than three years.
• Prisoner
– a person confined in jail or prison to serve a sentence after a conviction by a competent court
or authority.
• Atonement or Expiation
– the penalty is commensurate with the gravity of the offense based on the norms observed

DIFFERENT PENAL SYSTEM /INSTITUTION:

• Elmira Reformatory
– the forerunner of modern penology due to its extensive use of parole, social case work and
training school type of institution. It incorporated the first official use of parole release in the US.
• Auburn System
– it is one of the forerunners of modern correctional system wherein they confine the prisoners
in single cells at night but allow them to work in congregate shops during the day.
• Pennsylvania System
– the penal method based on the principle that solitary confinement fosters penitence and
encourages reformation. Prisoners were kept in solitary confinement Prisoners saw no one except
institution officers and an occasional visitor. Solitary penitence, however, was soon modified to
include the performance of work such as shoemaking or weaving. It was spread until it
predominated in European prisons.

THE BUREAU OF CORRECTIONS

It was formerly Bureau of Prisons (created by the virtue of Reorganization Act of 1907) and
under Chapter IV Section 1705 to 1720 of the Revised Administrative Code, otherwise known as the
Prison Law enacted its procedures for operation. It was prescribed to be headed by Chief to be known
as the Director of Prisons who shall oversee the administration, supervision, management and control
of all state prison institution on our country. The President of RP appoints its head with the confirmation
of the congress by the commission on appointments.
 The Bureau of Corrections or BuCor, is an agency under the Department of Justice, mandated
to carry out institutional rehabilitation programs of the government for national offenders, those
sentenced to more than three years, and to ensure their safe custody. It is composed of seven
operating institutions strategically located all over the country to accept national prisoners. The central
office is located in the New Bilibid Prison, Muntinlupa City, Metro Manila, where the Director, the
assistant directors and the general administration staff are holding official

7 OPERATING UNITS UNDER BUCOR

1. New Bilibid Prison (NBP)
2. San Ramon Prison and Penal Farm (SRPPF)
3. Iwahig Prison and Penal Farm (IPPF)
4. Correctional Institution for Women (CIW)
5. Sablayan Prison and Penal Farm (SPPF)
6. Davao Prison and Penal Farm (DPPF)
7. Leyte Regional Prison (LRP)

THE RECEPTION AND DIAGNOSTIC CENTER (RDC)

The RDC is a specialized service designed to service correction system. The casework of
individualized method of diagnosis and treatment of the convicts are held there for a period of 60 days
commencing from their commitment to the prison.

THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY

On January 2, 1991, the Bureau of Jail Management and Penology was created thru Republic
Act 6975 as a line Bureau under the Department of Interior and Local Government. The Jail Bureau is
the upgraded version of its forerunner, the Office of Jail Management and Penology of the defunct
PC/INP last headed by BRIG GEN Arsenio E. Concepcion.
As mandated by law, the BJMP shall operate under the reorganized Department of the Interior
and Local Government.
Starting from scratch with 500 personnel in 1991 the BJMP weaned from its mother PC/INP
as a mere component, to become a full-fledge bureau. Director Charles S. Mondejar took his oath of
office on July 1 of 1991 as the first Chief of the Bureau.

CLASSIFICATIONS OF PRISONERS
1. By Security Risk
• Maximum
– it includes high security risk or highly dangerous inmates and requires an extreme
degree of supervision and control.
• Medium
– include those cannot be trusted in less secured areas whose conduct or behavior
require minimum supervision.
• Minimum
– include who may be reasonably trusted to serve their sentence under less restricted
conditions.
2. As to entitlement of privileges
• Third class
– one who has either been previously committed for three of more times as a
sentenced inmate.
• Second class
– a newly arrived inmate; an inmate demoted form first class of one promoted from
the third class.
• First class
– are those whose known character and credit for work while in detention earned
assignment to this class upon start of sentence; or one who has been promoted from the
second class.
• Colonist
 – who are first class inmates and has served for one year immediately preceding the
completion of the period specified in the following classifications; has
3. Under Presidential Decree 29
• Municipal Prisoners
– persons convicted to serve a period of imprisonment of not more than six months.
• Provincial/City Prisoners
– persons who by reason of their sentence may be deprived of liberty of not more than
three years or those who are unable to pay a fine of 1, 000 pesos.
• National Prisoner
– prisoners who are convicted to serve a term of imprisonment of more than three
years.

PURPOSE OF CORRECTION AND SENTENCING

1. Deterrence
– the preventive effect which actual or threatened punishment of offender has upon potential
offender.
2. Rehabilitation
– it is the process to help the criminals to adjust to society and to avoid deviant behavior.
3. Reintegration
– this process submits that the criminal behavior was due to the gap between the criminal and
the community.
4. Isolation of Prisoners
– insulation of criminals from law- abiding citizens so as to not to pollute them.

JAIL
-Jails are considered as the bulwark of community social protection in the sense that
it isolates the offenders from the rest of the population for a period while the determination of
their case in heard on the merits.
Types of Jail
a. Lock-up Jail
– security facility operated by personnel of the local law enforcement units for
temporary detention of person under investigation or waiting preliminary investigation.
b. Ordinary Jail
– this facility houses prisoner convicted of offenses which the punishment does not
exceed three years of imprisonment and those with pending cases before the courts and run
by BJMP.

NON INSTITUTIONAL CORRECTION

• Pardon
– it is a form of executive clemency which is an act exercised by the President which exempting
an individual on whom it is bestowed from the punishment of the law inflicts for the crime he has
committed.
• Amnesty
– it is the general pardon extended to a group or classes of persons and is exercised by the chief
executive, with the concurrence of congress.
• Commutation
– it is the change in the decision of the court made by the President by reducing the degree of
penalty inflicted upon the convict or by reducing the length of imprisonment of amount of fine imposed
by the court in the verdict of conviction.
• Reprieve
– it is the temporary stay in the execution of the sentence. The execution is set backwards to
enable the President to review the merits of the case and determine proper punishment for the convict.
It is exercise only the President only after the conviction.
• Probation
– it is a juridical disposition after which the dependant after conviction and the sentence is release
subject to the condition imposed by the court and the supervision of probation officer. Presidential
Decree 968 is the Probation Law of 1976.
• Parole
– it is a form of supervised conditional liberty from prison granted prior to the expiration of the
sentence. It is come from the French word “Parole d’honeur” meaning “word of honor”.
TRIVIA!!!
Differentiate the following:
• Prisoner and Detainee
• Life Imprisonment and Reclusion Perpetua
• Punishment and Correction

COMMUNITY- FIFTH PILLAR

-The community has an unparalleled role as the fifth pillar of the CJS. In this connection,
community understood the mean as elements that are mobilized and energized to help the
authorities in effectively addressing the law and order concerned of the citizenry.
In fact, the community should be considered the first pillar because it is above all that
aspires after a certain quality of social life expressed in public policy as well as in criminal law and
codes. Community has the vital role in law enforcement. The citizen can achieved these roles by
identifying offenders, giving data and information about the illegal activity or cohorts of the
criminals, the proliferation of organized crimes and syndicates, volunteering as witness and
adapting precautionary and remedial measures to diminished crimes. Crime prevention is not a
sole responsibility of all law enforcement agencies but it is equally the concern of every citizen in
order to have a peaceful place to live.

COMPONENTS OF THE COMMUNITY

1. The Home
– it is the cradle of personality, for in it the child forms fundamental attitudes and habit that
endure throughout his life.
2. The School
– it is in a strategic position to prevent crime and delinquency because it exercises authority
over every child who is of school age. It has the excellent opportunity to influence child’s
attitudes and behavior.
3. The Church
– it points out to the faith their relationship to God and their fellowmen, and who, by work and
example, lead community members to live a moral life.
4. The Government
– it is a duly constituted authority that enforces the laws of the land, as such, it is the most
powerful institution as far as control of people is concerned. Respect for the government is
influenced by the respect of the public to the people running the government.
5. The Mass Media
– it is considered as the best instrument for information dissemination, and the best source of
knowledge for the public. It is where the public opinions are formed and gives food for thought to the
people.
6.The Community Agencies
– nation is composed of people who interacts with one another and follows same rules and
regulation.
7. The Barangay Official
– it is a cohesive group of inhabitants possessing commitment and performing well-defined
and significant role that can be transformed into effective and harmonious action for the
prevention and of crime and delinquency.

REPUBLIC ACT NO. 6981

  It is the Witness Protection, Security and Benefit act of 1991. Under Sec 8 of this law, the
witness shall have the following rights and benefits:
1. To have secure housing facilities until he has testified or until the threat, intimidation or harassment
disappear.
2. Assistance in obtaining livelihood.
3. Giving equivalent salary if the witness has been terminated due to witness duty.
4. Provide reasonable travelling allowance.
5. Provide with the medical treatment, hospitalization and medicines.
6. If the witness is killed due to his witness duty, his heirs shall be entitled to burial benefits of P10,000
exclusive of any other benefits.
7. In case of death or permanent incapacity his minor or dependent children shall be entitled to free
education from primary to college level.