Crime and Criminals

Crime - is defined as an act or omission punishable by law.

Nullum crimen, nulla poena sine legis

There is no crime if there is now law punishing it. A positive act of a person could be a crime if there is a law punishing such an act.
Criminal law is the source of crime; if there is no law that defines a specific act as a crime, then no crime would have been committed
if such act is done.

Who are deemed criminals?

 A criminal is a individual who has been found guilty of the commission of conduct that causes social harm and that is
punishable by law; a person who as committed a wrongful act in the course of the standard judicial processes.
 So during trial, the person formally charged in court for having violated a penal law, either the Revised Penal Code or a special
law, is not yet considered criminal, but only an “accused.”

Factors of Criminal Behavior

1. Weak character

Resistance to commit an offense

This pertains to the person’s susceptibility to commit violations or failure to follow certain social standards or rules
of conduct whenever his emotional, spiritual, moral, mental, and physical or psychological being is weak.

2. Criminal Tendencies
3. Situation
This refers to environmental factors that induce or invite an individual to commit a crime.

Main Schools of Thought in the treatment of Criminals

1. Classical School – this gives emphasis on the crime, not on the criminal. Accordingly, punishment, which is retributive and
punitive is standardized and proportioned to the gravity and nature of the offense. This assumes that every individual has
free will and knows the penal law. Moreover, it postulates that man is a rational and calculating being who acts with reference
to the feelings of pleasure and pain. Thus, he will refrain from criminal acts if threatened with punishment sufficient to cancel
the hopes of possible gain or advantage. Cesare Bonesana Beccaria was the founder of this classical school of criminology
that stresses on the social contract, the prevention crime, and the need to make any punishment fit the crime committed.
The other exponents of this school of penology were Rousseau, Montesquieu, and Voltaire.
2. Neo-Classical School – this modified the classical theory and introduced the concepts that mitigating circumstances might
inhibit the exercise of free will and that punishment should be rehabilitative. It maintains that while the classical doctrine is
correct in general, it should be modified in certain details. It argues that since children and lunatics cannot calculate pleasure
and pain, they should not be regarded as criminals or be punished. The principle extends to the other offenders by a system
of taking into account certain mitigating circumstances. The reaction to crime, therefore, under this school is no longer purely
punitive; punishment is imposed on some lawbreakers but not on others.
3. Positivist School – this rejects the classical notion that individuals have free will and rationally chooses to commit a crime. It
assumes, instead, that criminal behaviour is determined by biological, psychological, and social factors. It views crime as a
social phenomenon and attaches much importance to the criminal or the actor. Positivist criminology is reformative and
preventive and individualizes punishment. Since the criminal is a sick man, he is considered not responsible for his acts, hence,
he should not be punished but cured. Cesare Lombroso, considered the “Father of the Positivist School of Criminology”,
maintained that criminals were born with a predisposition to crime and needed exceptionally favourable conditions in life to
avoid criminal behaviour. The other exponents of this school of thought were Enrico Ferri and Rafaelle Garafalo.

Treatment Methods of handling Criminals

1. Punitive aspect – the punitive reaction of society toward criminals has been implemented in four principal methods: (1)
removal from the group by death, exile, or imprisonment; (2) physical torture; (3) societal degradation; and (4) financial loss.

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 It is pursuant to this retributive social reaction to criminals that death penalty, physical torture, social degradation,
banishment and transportation, imprisonment, financial penalties, restrictions, and reparation are availed of against the
criminal.
2. Curative Treatment or Rehabilitative Aspect – the treatment reaction, which has increased in popularity, individualizes
treatment of offenders, and the treatment process includes expert diagnosis of individual problems and needs, expert
prescription of therapy, and expert therapy such as clinical medicine diagnosis, prescription and therapy. There are two
methods under this aspect:
a. Clinical approach – in the early part of the past century, the system of individualized treatment for criminals was based
almost exclusively on the principle that criminality is strictly an individual disorder which can, therefore, be treated in a
clinic, just as syphilis can be treated in a clinic. Because the original arguments for individualization were based on an
analogy with clinical medicine, the theory used in diagnosing and treating cases of criminality was also closely analogous
to theories used in clinical medicine.
b. Group relations method – this method considers criminality as social in nature and, therefore can be modified in
individual cases only if the criminal relations with social groups are modified. The proponents of this principle have not
abandoned the medical analogy, which emphasized the importance of individualization in the treatment of criminals,
but the analogy has not been extended to include the theory used in diagnosing, prescribing, and treating. Rather, they
contend that persons become criminals principally because they have been relatively isolated from the culture of law-
abiding groups, by reason of their residence, employment, codes, and naïve capabilities, or else, have relatively frequent
contact with a rival criminal culture. Consequently, they are lacking in the experience, feelings, ideas, and attitudes out
of which to construct a life organization that the law-abiding public will regard desirable. Criminality, which is the product
of these isolations from law-abiding culture, will not be overcome by more isolation.

What is Punishment?

Punishment – is the penalty imposed on an offender for a crime or wrongdoing.

 In common usage, the word punishment may be described as an authorized imposition of deprivations of freedom or privacy or
other goods to which a person otherwise has a right or the imposition of special burdens, because the person has been found guilty
of some criminal violation, typically (though not invariably) involving harm to the innocent. Punishment in all its forms is a loss of
rights or advantages consequent on breach of law.
 The types of and duration of punishment that may be inflicted on the prisoners should be determined by law and by the regulation
of the competent administrative authority. Thus, the prisoner should be punished in accordance with the terms of the rule
promulgated by law and never twice not the same offense. The punishments must always be relevant to the offense committed.
 Punishment:
(1) must involve an unpleasantness to the victim
(2) must be for an offense
(3) must be of an offender
(4) must be the work of personal agencies (naturally evils will not do), and
(5) must be imposed by virtue of some special authority, conferred through or by the institutions against the laws or rules
of which the offense has been committed
A lawbreaker should be punished because he has taken an unfair advantage in benefitting from the fact that others have restrained
themselves by obeying the law, while he himself has not shared this burden or restraint. Punishment is seen then as restoring the
equilibrium of burdens and benefits.

Justifications for Punishment

1. Retributivism – it justifies punishment on the ground that the offender deserves it. The retributivist principle that wrongdoers
should be punished because they deserve it is in some way the complete antithesis of reductivism. It is the fact that the
offender has committed a wrongful act, which deserves punishment, not the future consequences of the punishment that is
important to the retributivist. Retributivism claims that it is in some way morally right to be reform evil for evil, that two
wrongs can somehow make it right.
2. Reductivism – it justifies punishment on the ground that it helps to reduce the incidence of a crime. Reductivism is a forward-
looking (or consequentialist) theory. It seeks to justify punishment by its illegal future consequences. The form of moral
reasoning known as utilitarianism can support reductivist arguments. This is the general moral theory first systematically
expounded by Jeremy Betham, saying that moral actions are those, which produce “the greatest happiness of the greatest
number of people”.

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Purposes of Penalty

 Retributive Justice – the crime must be punished by the state as an act of retributive justice, a vindication of absolute right
and moral law violated by the criminal
 Prevention – to prevent and suppress the danger to the state arising from the criminal act of the offender
 Self-defense – to protect society from the threat and wrong inflicted by the criminal. Especially, if the criminal is a habitual
delinquent
 Reformation – the object of punishment in criminal cases is to correct and reform the offender
 Exemplarity – the criminal is punished to serve as an example to deter others from committing crimes

Forms of Punishment

1. Capital Punishment – refers to the authorized execution of a convicted accused. In America, capital punishment in the 20 th
century has been almost completely limited to offenders convicted of murder, forcible rape, and certain wartime activities
such as treason. The methods of execution in the United States are through the gallows, the electric chair, the firing squad,
and the gas chamber. In other countries and at different times, many other methods have been devised to impose the penalty
of death, including the following: (1) burning at the stake; (2) being fed alive to lions and other animals; (3) walking the
gangplank; (4) death by stoning; (5) disembowelling; (6) burning; (7) being boiled alive; (8) beheading or drowning, and finally
the most famous execution in history (9) nailing to a cross.
2. Deportation – is a form of punishment either in lieu of imprisonment or limited to aliens, who may be returned to their
country of origin or of current citizenship. Nowadays, deportation is a method of enforcing the return to his own country of
an alien who has not complied with the conditions upon the performance of which the government of the nation, acting
within its constitutional authority and through the proper departments, has determined that his continuing to reside here
shall depend.
3. Confinement or Imprisonment – is the state of being confined, restraint with limits, restraint within doors by sickness, any
restraint of liberty by force or other obstacle or necessity, hence imprisonment. The term imprisonment is used in the case
of penalties provided for crimes in the Revised Penal Code and Special Laws.
4. Fines – is a pecuniary punishment imposed by a lawful tribunal or court upon a person convicted of crime or misdemeanour.
It constitutes sum of money to be paid by an offender to the State (specifically not to the victims) and are imposed either in
lieu or in addition to prison sentence. It is a penalty, which can be imposed in conjunction with another penalty. It is not a
civil liability nor is it included therein.
A fine whether imposed as a single or an alternative penalty shall be considered an afflictive penalty, if it exceeds 6,000 pesos;
a correctional penalty if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty, if it is less than 200
pesos.
5. Excommunication – it is the practice of making an individual a complete pariah so that no one should have any contact with
him. In a country where all residents obey the order to avoid relationships, excommunication amounts to a virtual sentence
of death. It disappeared by secular state. It is still practice on rare occasions by some on hodox religious orders but then falls
into the category of informal or unofficial rather than criminal punishment.
6. Exile or banishment – the act of compelling a person to leave the country in which he resides and of which usually he is a
citizen. The practice has fallen into disease except for the political crimes when a new regime has come into power and those
associated with the old regime have been sent or permitted to go into exile. Exile of course is dependent upon the offender’s
finding asylum or haven elsewhere.
The exile to Siberia was Russia’s unique contribution to the world’s criminal justice system. The Russian authorities built
stockades and depots once every fifteen miles from Russia to the places of exile in Siberia a distance between 4,700 and
6,700 miles prisoners were gathered to travel this distance in foot and which took them about 3 years to reach. The prisoners
marched heavily chained together. The 1846 Penal Code of Russia punishes offenders to hard labor of 4 years to life.

What modes of punishment does Philippines penal laws recognize?

Imprisonment and sometimes, fine. Our penal system is retributive and punitive. Punishment is standardized and proportioned to the
gravity of the offense, intended to punish the offender and make him suffer.

What are the reasons for the abolition of the imposition of death penalty in the Philippines?

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 1. Sec. 19 Art. III 1987 Constitution. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.
Neither shall the death penalty be imposed unless for compelling reasons involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua.
2. The employment of physical, psychological or degrading punishment against any prisoners or detainee or the use of
substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.

What is Criminal Justice System?

Criminal Justice System - is the collective institutions through which an accused offender passed until the accusations have been
disposed of. It is the machinery established by the government to deal with the problem of crime and criminality. It takes the orderly
progression of events from the time a person is arrested or taken out to the community, investigated, prosecuted, sentenced,
punished, and eventually returned to the community.

The Criminal Justice System is just one of the various systems operating in the community, along with the political, economic, cultural,
educational systems, etc. in the Philippines. It consists of 5 subsystems or “pillars”, namely:

1. The Law Enforcement

2. The Prosecution
3. The Judicial
4. The Corrections
5. The Community

After the commission of crime, the violator undergoes apprehension and investigation (Law Enforcement), prosecution (Prosecution),
trial and conviction (Judicial), finally punishment and correction (Correction). Thereafter, following his release after serving time or
though alternative release programs such as bail, recognizance, parole, probation, amnesty and pardon, the violator goes back to
society (his Community) and lead a peaceful life. If he commits another crime, he goes again through the component processes of the
CJS.

Function of the Philippine Criminal Justice System

The criminal justice is the machinery that Philippine society uses in the prevention and control of crime. It operates by:

1. Preventing the commission of crimes;

2. Enforcing the law;
3. Protecting life, individual rights, and property;
4. Investigating, apprehending, prosecuting, and sentencing those who cannot be deterred from violating the rules of society;
and
5. Rehabilitating offenders and returning them to the community as law abiding citizens.

Goals of the Criminal Justice System

1. Crime Prevention – the goal of crime prevention is to reduce the need to commit crime by providing opportunities for success
and achievement. Criminal justice agencies have long participated in prevention efforts by establishing programs to
encourage law-abiding behaviour among young people. Crime prevention may be achieved through active citizen
cooperation.
2. Deterrence – strategies are designed to lower the crime rate by convincing potential criminals that: (1) their risk of
apprehension is great and that (b) their punishment will nullify any potential benefits they gain from crime. To effect the goal
of deterrence, law enforcement agencies have conducted publicized crusades against criminals. Prosecutor may demand
severe punishment to make an example to those who dare to defy the power of the law. Legislator attempts to deter crime
by enacting laws that carry with them extremely harsh punishment penalties, such as the death penalty or mandatory life
sentence.
3. Diversion – this refers to the efforts made by criminal justice agencies to exclude individuals from the formal system of justice
and place them in non-punitive treatment oriented program. Diversion usually aimed at a select type of offender, such as
minor non-criminal delinquents and adult offenders who might be more appropriately handled by social agencies.
4. Rehabilitation – this simply means the return to a formal existence or achievement. It evokes a sense of restoration or
reinstatement.

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 5. Integration – the justice system is also dedicated to the reintegration of offenders into society at the conclusion of their
interaction with the correctional components of the system. This can mean helping a former prison inmate readjust to society
after his incarceration has been completed.
6. Protection – a stated goal of many criminal justice agencies is to protect the public they serve. This can be accomplished
through the related goals of controlling known criminals and preventing and deterring crime.
7. Fairness – all person processed through the criminal justice system should be treated fairly and uniformly. No distinctions
should be made on the basis of race, class or gender.
8. Efficiency – efficient organization and management principles must be developed in criminal justice agencies. The
effectiveness of the justice system is compromised if law enforcement, prosecution, courts, corrections, and community fail
to develop the optimum utilization of personnel and resources. Efficient operations require qualified personnel, adequate
organizational framework, sound fiscal planning, and development of successful programs of crime control.
9. Innovation – another goal of the justice system is to adapt the most innovative methods and techniques within its component
agencies

The Pillars of Philippine Criminal Justice System

1. Law Enforcement/ Police Pillar

The fundamental function of this pillar is to prevent the commission of crime and protect the life, liberty, and properties of citizens.
This is primarily undertaken by the Philippine National Police (PNP) and the National Bureau of Investigation (NBI). Other
government agencies that are also mandated to enforce specific laws at the Bureau of Immigration (BI), Philippine Drug
Enforcement Agency (PDEA), Bureau of Customs, Bureau of Forest Development Office, and the Bureau of Internal Revenues (BIR)

a. Law Enforcement/ Police- consists mainly of the Philippine National Police (PNP), focused on the prevention and control
of crimes, enforcement of laws, and affecting arrest, including the conduct of the lawful searches and seizures to gather
necessary evidence so that a complaint may be filed with the Prosecutor's office.
Law enforcement agencies in the Philippines:

1. PNP
2. NBI
3. LTO
4. BOC
5. FDA
6. PCG- Phil. Coast Guard
7. PASC- Phil. Aviation Security Command
8. MARINA- Maritime Industry Authority
9. BFD- Bureau of Forest Development
10. BFAR- Bureau of Fisheries and Aquatic Resources
11. CAA- Civil Aviation Authority (formerly Air Transportation Office)
12. DENR
13. DFA
14. BID- Bureau of Immigration and Deportation
15. BIR
16. PDEA

2. The Prosecution Pillar

The prosecution pillar is the responsibility to the National Prosecution Service (NSP) of the Department of Justice, which prosecutes
cases filed in the court against alleged offenders, after probable cause has been established after a thorough evaluation. To prosecute
means to follow up, to carry on an action or other judicial proceeding to proceed against a person criminally. Prosecution is the act of
prosecuting especially of pursuing a purpose to the end of carrying it on into completion
c. Prosecution - the investigation of grievances or complaints is its primary concern
Prosecuting offices under the DOJ:

1. NPS- National Prosecution Service

2. OSP- Office of the Special Prosecutor

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 3. JAGO- Judge Advocate General Office
4. Office of the Ombudsman
5. City and Provincial Prosecutor's office

3. The Judiciary/Court Pillar

The court pillar is an organ of the government belonging to the judicial department whose function is the application of the laws to
controversies brought before it and the public administration of justice. The Philippine judiciary comprises the Supreme Court, Courts
of Appeals, the Regular Court, Inferior Courts, and Special Courts.

Courts--
The forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the accused.
The accused is also given here his "day in court" to disprove the accusation against him.

4. Corrections Pillar

The corrections pillar is composed of the institutional and non-institutional agencies of the government. The institutional agencies
include the Bureau of Corrections (BuCor) under the DOJ, the Bureau of Jail Management and Penology (BJMP) under the Department
of the Interior and Local Government (DILG) and the council for the Welfare of Children under the Department of Social Welfare and
Development (DSWD). On the other hand, the non-institutional agencies include the Parole and Probation Administration (PPA) and
the Board of Pardons and Parole (BPP), all under the DOJ. Among these agencies, the BuCor is the only primary institution in the
corrections pillars that provides full custody and rehabilitation programs for the transformation of insular prisoners, those sentenced
to more than three years to capital punishment.
Avail of executive clemency upon a positive recommendation from the board concerned Correctional agencies:
1. Bureau of Corrections- BuCor
2. Parole and Probation Administration
3. Board of Pardons and Parole
4. Bureau of Jail Management and Penology
5. Provincial Rehabilitation Center
6. City/ Municipal/ Rehabilitation Center
7. Regional Youth Rehabilitation Center

Corrections - refers to the programs, services, agencies, and institutions responsible for supervising person charged with or convicted
of crime. Corrections involves the punishment, treatment, and incapacitation of convicted criminal offenders.

Correctional Service - includes all of those activities designed for the purpose of controlling, managing, counselling, treating, and
processing juvenile and adults persons placed in custody or under official supervision after having been charged with or found guilty
of delinquent or criminal acts. These functions include detention halls for juveniles, common jails, correctional schools, reformatories,
prisons, probation and parole services, and any other programs by whatever name, which has like purposes.

The corrections system is founded on the theory that persons who are charged and/or convicted of delinquent acts or crime must be
removed or segregated from society. This process will promote public order and safety and provide an opportunity for offenders to
be corrected, rehabilitated, or reformed. The correctional system provides a great deal of services in programs differentiated by level
of security and intrusiveness. The least secure and intrusive programs involve community supervision by probation officers. Some
offenders who need more secure treatment or control are placed under house arrest or held in community correctional centers. Those
who require the most secure settings are placed in an incarceration facility.

Felons are usually incarcerated in the National Prison manned by the Bureau of Corrections, misdemeanants are housed in jails under
the supervisions of the Bureau of Jail Management and Penology or reformatories handled by the Department of Social Welfare and
Development. Corrections is synonymous with rehabilitation, a concept that rejects punishment for its own sake and for what it may
do in dissuading people from committing crime. It looks upon the task of the government as being rehabilitate, reform, treat, cure, or
correct the law-breaker, changing him into a law-abiding citizen or resident of the country.

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The Prison Society

 The following comprise the prison society: Prisoners and detainees or those sentenced to imprisonment or under preventive
detention.
 Released prisoners or those who have served sentence, under parole or conditional pardon, or under probation.
 Victims are those who have been directly hurt by the crime Defendants or family members of prisoners and victims (who are
also heads of families ), as well as others dependent on the latter's talent, time, and energy.
 Prison/jail employees and service providers or those who work as prison staff members in government service.
 Volunteers in prison workers and restorative justice advocates consisting of individuals and organizations that come to the
aid or serve the interests of prisoners and the victims, inspired by the spirit of volunteerism.
 Together they make up the Prison Society and suffer the effects of crime.

Plight of Prisoners

 Prisoners and detainees suffer more than they have to mainly because society believes that they should suffer for offenses
committed personally or in connivance with others. Prisoners are regarded underserving of concern and protection. The
prevalent apathy of society has tolerated the sorry plight of prisoners manifested in the following:
 * Subhuman living conditions. Inadequate daily food allowance, beds, toilets, and other sanitary facilities, lacks of basic
services.
 * Human rights violation. Solitary confinement is still practiced; corporal punishment prevalent. Prisoners are subjected to
other acts of humiliation that clearly violate their human rights.
 * Slow judicial process. Many suspects, not yet found guilty, are already detained while awaiting hearings and sentence that
take months and years. The injustice is great when they are found not guilty as charged
 * Lack of rehabilitation and intervention program. Penal institutions suffer from perennial inadequate budget and lack of
funds.
 * Failure to provide facilities and services for prisoners with special needs. The mentally ill, the handicapped, the very young,
the very old, and the sick are neglected in this regard.

Plight of the Victims

 * Have little say and participation in the current criminal justice system. They are just witness to the crime.
 * Their needs are not attended to such as psychological, social, legal and other needs.
 * They are denied of power. Most of the victims experience lack if not loss of power because of their painful experiences.
 * The victims are just peripheral in the process. The crime the offender is accused of is a crime against the state.
 * They experience lack of closure. Most of the questions they have in their minds as a result of the pain and the hurt they
experience remained unanswered.

Prison Conditions

 Institutional imprisonment is not meant only to punish the offender. It is also supposed to correct him, that is, to prepare him
to rejoin the society after serving his sentence. It is likewise meant to temporarily detain an accused pending the resolution
of his case, if his alleged crime is non-bailable, or if he cannot afford the bail.
 Correction as part of the criminal justice systems is both complex and crucial. It is deemed essential to the maintenance of
peace and order in society and of the human dignity of its straying member. Unfortunately, correction is least seen and known
by the public. Society is eager to recognize the duty of the state to punish the offender, but reluctant to see its equally
important role to " correct and restore " the offender, little realizing that injustice and other societal factors contribute to the
making of a criminal.
 The objective of transforming the correctional process into an educating and humanizing experience for offenders has been
dampened by the insufficient provision of the inmates' basic needs. The overcrowded conditions and the grossly deficient
facilities in national prisons and various jails give rise to sub-human living conditions of prisoners. This is aggravated by
insufficient food allowance. The exercise of authority is sometimes abused to the extent of degrading the dignity of prisoners
and detainees to include maltreatment, sexual harassment, extortion, and other inhumane treatment.

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Jail and Prison Population

 As of December, 2011, the jail and prison population reached 94,265. Only 40% of this number were actually found guilty of
crimes and are serving their sentences. The remaining 60% are only charged but not yet proven guilty. They are detained
because their alleged crimes are not bailable or they can't afford to pay the bail.

Rehabilitation Centers: Premises and Facilities

 In the Philippines, there are three levels in our institutional approach to correction. The first consists of the national
penitentiaries, for offenders sentenced to more than three years of imprisonment. The second level is composed of the
provincial and city jails for offenders whose sentences are from seven months to three years. Finally, at the third level are the
municipal jails, for offenders sentenced to not more than six months of imprisonment. These jails and prisons also serve as
house for detentions prisoners.

Penitentiaries

 There are seven penitentiaries strategically located all over the Philippines and these are under the administrative control
and supervision of the Bureau of Correction (BuCor) of the Department of Justice. Two of them are in Metro Manila, two in
Luzon, one in the Visayas, and two are in Mindanao. As of December, 2011, these penitentiaries had a total of 35,452 inmates.
More than half of them at the New Bilibid Prison in Muntinlupa City that has 20,053 inmates. They are distributed in three
different compounds- Maximum Security Compound; Camp Sampaguita, inclusive of Medium Security Compound, Reception
and Diagnostic Center, Metro Jail and Youth Rehabilitation Center; and the Minimum Security Compound.
 The other penal institution within Metro Manila is the Correctional Institution for Women in Mandaluyong City with a
population of 1,914 inmates. The other penitentiaries include the Sablayan Prison and Penal Farm Sablayan in Occidental
Mindoro 2,480 inmates); the lwahig Prison and Penal Farm in Palawan (3,161); the Leyte Regional Prison in Abuyog, Leyte
(1,613); the San Ramon Prison and Penal Farm in Zamboanga (1,410); and the Davao Prison and Penal Farm in Davao del
Norte (5,413). ( Davao has recently established a correctional facility for women (251)

Provincial, City and Municipal Jails

 There are 82 provincial jails with approximately 26,592 prisoners. These jails are administered by the provincial governments
although subject to the supervision of the Department of Justice.
 On the other hand, there are 135 city jails and 1,493 municipal jails all over the country with 58,509 prisoners. These are of
directly administered and controlled of Bureau of Jail Management and Penology under the Department of Interior and Local
Government.

Premises and Facilities

 Most of the buildings and facilities of the jails and prisons are dilapidated from sheer old age. With very few exceptions, the
city and municipal jails were constructed at the time the city and municipal buildings were constructed, which means ages
ago. Hence, these prisons are poorly ventilated, dark, damp, and cold.
 Even the few that are fairly recent vintage still lack the basic facilities for hygienic and humane incarceration of inmates. The
poor conditions brought about by age-worn buildings and equally age-torn facilities are worsened by budgetary constraints
and low priority given to the inmates.
 Other Detention Centers. In addition to the traditional levels of criminal and judicial institutions, there are also military
stockades under the Armed Forces of the Philippines, detention centers at the National Bureau of Investigation, and Bureau
of Immigration and Police Stations and drug centers.
 Premises and Facilities. Most if the buildings and facilities of the jails and prisons are dilapidated from sheer old age. With
very few exceptions, the city and municipal jails were constructed at the time the city and municipal buildings were
constructed, which means ages ago. Hence, these prisons are poorly ventilated, dark, damp, and cold.

Programs and Activities

 Physical and Cultural Activities. Activities of detainees and convicted prisoners are strictly organized by the law and yet
simply because of lack of funds and programs, most of the prisoners' time is unoccupied. The most popular sport is basketball.

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 There is adequately furnished library nor any newspaper nor magazine provided by the government. However, some of the
jails and penal farms have television and radio sets bought by the inmates themselves or given by some volunteers.
 Prisoners are allowed to walk and roam around the prison/jail compound.
 Training and Work. The Bureau of Correction provides opportunities for the inmates to work to keep them busy and at the
same time to earn for their personal expenses (in prison) and their families. These work programs are funded from four
sources, namely:
 * Appropriated funds for inmates utilized as janitors, orderlies and other administrative odd jobs. * Prison agro-industries
trust funds for inmates utilized as farm workers.
 * Wages from corporation that employ prisoners.
 * Wages and salaries from the Bureau's Prison Inmate Labor Contract Office, for inmates working in various handicraft
contracts. The National Penitentiary offers three types of education and training as primary program for rehabilitation of
inmates. The first is the formal education which includes college (B.S. Commerce), high school and elementary education.
The second is the non-formal which is designed to teach inmates on how to read and write. The third is the vocational training
which is undertaken through formal and on-the-job courses.
 Even the few that are fairly recent vintage still lack the basic facilities for hygienic and humane incarceration of inmates. The
poor conditions brought about by age-worn buildings and equally age-torn facilities are worsened by budgetary constraints
and low priority given to the inmates.
 A typical provincial and city jail has an accommodation capacity of 100 prisoners; a municipal jail has 20. However, these jails
have prisoners whose numbers are double or even triple their capacity, so that the offender are mixed with each other.
 Scientific Problem Areas
 Health. The Bureau of Corrections has in its employ medical and dental staff to take care of the inmates.
 Although there are hospitals building in most of the penal colonies their minimal facilities are old and rusty. Medicine supplies
are very much lacking.
 Detainees at the different jails are brought to provincial hospitals, city or municipal health centers if they are ill. Most jails do
not have a separate medical and dental staff employed by the government. Again the supply of medicine is another problem.
 Food. Each detainee at both the municipal and city jail has an allocation of P50 for their subsistence allowance for those
confined at the provincial jail the food allowance varies.
 There are reported corruption in the purchase and distribution of food.
 Hygiene. The national penitentiaries and most of the jails are provided with drinking water, showers and toilet facilities.
However, some jails that house about 100 inmates have only one toilet, shower and drinking facilities. Water supply is
inadequate.
 Contact with the Outside World. The families and friends of those confined at the national penitentiaries and the jails are
allowed to visit, and some special occasions, like Christmas, valentines, and Independence Day, are allowed to stay overnight.
However, such privileges can sometimes become a source of corruption and abuses by the penal/jail authorities.
 Correspondence is allowed with minimum censorship. Free writing and mailing materials are even allocated for the inmates.

Inmate Services

Inmate Services (Chapter 2, Part V, Book I, BuCor Manual)

1. Inmate Services- As a part of the prison rehabilitation and treatment program, the inmates shall be guaranteed access to health,
education, religious, and related rehabilitation services. (Section1)
Note:
a. Food is the general term for all matter that is taken into the body for nourishment. All prisoners should be provided by the
prison authorities with sufficient food of nutritive value at usual hours.
b. Exercise includes any activity which has for its aim the training or development of the body or mind. It may be a regular series
of movement designed to strengthen or develop some part of the body or some faculty.
c. Sport is any activity or experience that gives enjoyment or recreation; such an activity requires more or less vigorous bodily
exertion and carried on according to some traditional form or set of rules whether they are held indoors or outdoors. The
prison should have the facilities for sports that may be indulged in by the prisoners.
d. Library is a collection of books and other graphic materials for reading or reference. All institutions should have a library for the
use of all categories of the prisoners.
2. Health Services- Health care and services shall be given to inmates similar to those available in the free community and subject to
prison regulations. A prison shall have at least one qualified medical doctor and dentist. (Sec 2)
Note: Medical Services of the institution should include those services with the diagnosis, treatment, curing, and prevention
of disease; the relief of pain and the improvement and preservation of the health of the prisoners.

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Pregnant CIW Inmates- In the CIW, there shall be special accommodations for pregnant women. Whenever practicable, however,
arrangement shall be made for children to be born in a hospital outside the prison. (Sec. 5)

Infant Born to a CIW Inmate- An infant born while the mother is serving sentence in the CIW may be allowed to stay with the mother
for a period not exceeding one year. After the lapse of said period, if the mother of infant fails to place the child in a home of her own,
the Superintendent shall make arrangement with the Department of Social Welfare and Development or any other social welfare
agency for the infant's care. As far as practicable, the CIW shall have a nursery staff by qualified personnel. (Sec. 6)
Donation of Human Organ; Form of Donation- The director may authorize an inmate to donate to a licensed physician, surgeon, known
scientist, or any medical or scientific institution, including eye banks and other similar institutions any organ, part or parts of his body
and to utilize the same for medical, surgical or scientific purposes, of said organ, or body part or part which, for a legitimate reason,
would be detached from the body of the grantor, subject to the following conditions:

a. The organ or body part or parts being donated shall be detached after the death of the inmate.
b. The authorization to detach or use the organ or body part or parts shall be in writing; specify the person or institution
granted the authorization, the organ, part or parts to be detached, the specific use or uses of the organ or body parts or
parts to be employed; and shall be signed by the inmate and attested by two disinterested witnesses.
c. The donation is approved by the proper court.

Disposition of Cadaver of Deceased Inmate

Unless claimed by his family, the body of an inmate who dies in prison may be turned over to an institution of learning or any scientific
research center designated by the Secretary, for the purpose of study and investigation, provided that such institution shall provide a
decent burial of the remains. Otherwise, the Bureau shall order the burial of the body of the inmate at a government expense, granting
permission to the members of the family and friends of the inmate to be present thereat. If the body is claimed by the family, all
expenses incident to the burial shall be at the expense of the family. (Sec. 15)
16. Burial of Convict- In no case shall the burial of a convict be held with pomp. (Sec. 16)
Educational program for inmates- a prison may offer any or all of the following educational programs:
a. Elementary education;
b. Secondary education program to prepare students to successfully pass the required tertiary level qualification examination
and to receive a regular high school diploma. A student will have a completed the program when all the credits required for
a regular high school diploma from accredited institution have been earned;
c. College education; and
d. Vocation training (sec.18)

Note: vocation training may be utilized to discourage idleness among inmates but lately; emphasis is also placed on the giving of
special training courses to the prisoners as preparation for release.

Recreational and cultural activities- recreational and cultural activities shall be provided in all prison for the benefit of the mental
physical health of the inmate. (Sec: 20)

Prison Riots

The struggle for supremacy, in prison/detention cells often results in inmates exploiting or abusing other inmates and detainees for
personal gains, further creating problems and issues particularly in the use of prison labor. Furthermore, the appropriate provisions
for youth offenders, women offenders, elderly and mentally disabled in prisons and political prisoners re inadequate for their
protection.

Reasons that generate large-scale rioting:

The American correctional association gives these reasons for prison flare-ups:

1. Unnatural institutional environment;

2. Anti-social characteristic of inmates;
3. Inept management;
4. Inadequate personal practices;

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 5. Inadequate facilities;
6. Insufficient legitimate rewards;
7. Insufficient constructive, meaningful activity;
8. Basic social values and unrest in the larger community;
9. Inadequate finances; and
10. Inequities and complexities in the criminal justice system.

Other causes of prison riots

In a more recent analysis. Randy Martin and Scherwood Zimmerman have identified the following causes of prison riots:

1. Environmental conditions- poor physical conditions make the prison a "time bomb" waiting to go off.
2. Spontaneity- some spark, a fight between gangs escalates into a general prison disturbance.
3. Conflict- a repressive administration denies inmate right, which lead to violence.
4. Collective behavior and social control- informal social control mechanism, such as inmates leaders and council break down,
and violence escalates.
5. Power vacuum- a conflict between guards and administration creates an atomic condition exploited by the inmates.
6. Rising expectations- inmates expect increase freedom and better condition when these are not met, their frustration leads
to collective violence

Classification of Inmates as to Security Risk

An inmate shall be assigned to any of the following security groups:

1. Maximum Security Prisoners- This shall include highly dangerous or high-security risk inmates as determined by the
Classification Board who require a high degree of control and supervision. ( they are not confined at a Maximum Security
Prison, NBP Main Building) and wear tangerine, orange color of uniform) Under this category are:
 Those sentence to death;
 Those whose maximum sentence is 20 years imprisonment;
 Remand inmates or detainees whose sentence is 20 years and above and those whose sentences are under review
by the Supreme Court or the Court of Appeals;
 Those with pending cases;
 Recidivist, habitual delinquents, and escapees;
 Those confined in the Reception and Diagnostic Center;
 Those under disciplinary punishment; and
 Those who are criminally insane or those with severe personality or emotional disorders that make them dangerous
to fellow inmates or the prison staff.
2. Medium Security Prisoners- This shall include those who cannot be trusted in less security areas and those whose conduct
behavior require minimum supervision. (they occupy the Medium Security Prison, Camp Sampaguita, and wear blue color of
uniform.) Under this category are:
 Those whose minimum sentence is less than 20 years imprisonment;
 Remand inmates or detainees whose sentence are below 20 years;
 Those who are 18 years old and below, regardless of the case and sentence;
 Those who have two or more records of escapes. They can be classified as medium security inmates if they have
served eight years since they were committed. Those with one record of escape must serve five years; and
 First offenders sentenced to life imprisonment. They may be classified as medium security if they have served five
years in a maximum security prison or less, upon the recommendation of the Superintendent. Those who were
detained in a city or provincial jail shall not be entitled to said classification.
3. Minimum Security Prisoners- This shall include those who can be reasonably trusted to serve their sentences under less
restricted condition. (they occupy the Minimum Security Prison, Camp Bukang Liwayway, and wear brown color uniforms.)
Under this category are:
 Those with severe physical handicap as certified by the chief medical officer of the prison;
 Those who are 65 years old and above, without pending case and whose convictions are not on appeal,
 Those who have served one-half of their minimum sentence or one-third of their maximum sentence, excluding
Good Conduct Time Allowance (GTCA); and
 Those who have only six months more to serve before the expiration of their maximum sentence. (Secs. 3 and 4)

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Rehabilitation and Treatment of Inmates

The following are the rehabilitation and treatment of inmates:

1. Conduct of Rehabilitation and Treatment Programs – The Bureau shall undertake rehabilitation and treatment programs
to help an inmate lead a responsible, law-abiding and productive life upon release. Efforts shall be made to ensure an
optimum balance between the security of the prison and the effectiveness of treatment programs. Inmate and public safety,
and the requirements for effective custody, shall, however, take precedence over all activities at all times and shall not be
compromised. (Sec. 1)
2. Rehabilitation and Treatment Programs – rehabilitation and treatment programs shall focus on providing services that will
encourage and enhance the inmates’ self-respect, self confidence, personal dignity, and sense of responsibility. (Sec.2)
3. Guidelines for Rehabilitation and Treatment Programs – the following guidelines shall be
observed in the establishment of rehabilitation and treatment programs for inmates:

a. Corrective and rehabilitation services shall include religious; psychotherapy; socialization; health and sanitation;
vocational training; mental, physical and sports development; and value education.
b. Programs and activities for offenders with special needs shall be placed under the supervision of a social welfare
officer in coordination with other correctional officers with special skills and specialized training.
c. A regular calendar of activities shall be observed.
d. The Superintendent shall be periodically informed on the progress or result of the rehabilitation and treatment
programs being implemented.
e. There shall be a special wing for neuro-psychiatric patients in a prison hospital to be placed under the special
supervision of a medical officer. The latter shall submit a weekly report on the patients therein and may
recommend the necessary transfer of a mental patient to a better-equipped government hospital. (Sec. 3)

The Ultimate Goal of Corrections

The ultimate goal of corrections is to make the community safer by reducing the incidence of crime. Rehabilitation of offenders to
prevent their return to crime is in general the most promising way to achieve this end. Varying degrees and periods of incarceration
are the most appropriate way to deal with some offenders, and efforts must be made to screen out such persons and treat them
accordingly.
Objectives pertaining to the field of corrections are protection of the community, crime prevention, offender rehabilitation,
administration of justice, improved protective services, improved treatment practices, high employee standards and development,
effective management practices, increased program research, and public understanding.
The philosophy, principles, and necessary pasts of corrections are simply building or rebuilding solid ties between offenders and
community, and integrating or re-integrating the offender into community life-restoring family ties, obtaining employment and
education, and securing in the large sense a place for the offender in the routine function in our society.

The Prosecution Pillars:

1. Prosecution
2. Prosecution Process
3. Prosecutors
4. Preliminary Investigation
5. Systems of Criminal Procedure

Prosecution - In criminal law, the government attorney charging and trying the case against a person accused of a crime. A common
term for the government’s side in a
criminal case, as in "the prosecution will present five witnesses" or "the prosecution rests"

The Department of Justice (DOJ)

The investigation and prosecution of all cases involving violations of penal laws are lodged with the DOJ through its National
Prosecution Service (NAPROSS). The DOJ is headed by the Secretary of Justice with 3 Undersecretaries assisting him.

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Functions and Powers of the DOJ:

1. Act as principal law agency of the government and as legal counsel and representative thereof, whenever so required;
2. Administer the probation and correction system;
3. Extend free legal assistance/representation to indigents and poor litigants in criminal cases and non-commercial civil disputes;
4. Preserve the integrity of land titles through proper registration;
5. Investigate and arbitrate untitled land disputes involving small landowners and members of indigenous cultural communities;
6. Provide immigration and naturalization regulatory services and implement the laws governing citizenship and the admission
and stay of aliens;
7. Provide legal services to the national government and its functionaries, including government owned or controlled
corporations and their subsidiaries; and
8. Perform such other function as may be provided by law.

It consists of the following Constituent Units:

1. Department proper
2. Office of the Government Counsel
3. National Bureau of Investigation
4. Public Attorney’s Office
5. Board of Pardons and Parole
6. Parole and Probation Administration
7. Bureau of Corrections
8. Land Registration Authority
9. Bureau of Immigration
10. Commission on the Settlement of Land Problems

The National Prosecution Service

 The NAPROSS is with the “Department Proper” which is under the control and supervision of the Secretary of Justice.
 It is composed of the Prosecution Staff in the Office of the Secretary of Justice headed by the Chief State Prosecutor, the
Regional State Prosecution Offices headed by Regional State Prosecutors, and the Provincial and City Prosecution Offices
headed by the Provincial Prosecutor and City Prosecutor, respectively.
 The members of the NAPROSS are selected from among qualified and professional trained members of the legal profession
who are of proven integrity and competence and have been in the actual practice of the legal profession for at least five years
prior to their appointment or have held during like period, any position requiring the qualifications of a lawyer.
 They shall be appointed by the President of the Philippines upon recommendation of the Secretary of Justice.
 Once appointed, prosecutors are required to attend seminars, lectures, convention and continuing legal education to
enhance their skills in investigation and trial works.
 They enjoy a security of tenure because they can be removed from office only for a cause.
 Their appointments are not coterminous with the appointing authority, which means that even if the President who
appointed them is no longer in power, they shall still remain in office.
 In the discharge of their duties, prosecutors are guided by their “Credo” and the constitutional mandate that “a public office
is a public trust and public officers and employees must at all times accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives.”

The Functions of Prosecution Staff or State Prosecutors:

1. Investigate administrative charges against prosecutors and other prosecution officers;

2. Conduct the investigation and prosecution of all crimes;
3. Prepare legal opinions on queries involving violations of the Revised Penal Code and special penal laws;
4. Review appeals from the resolutions of prosecutors and other prosecuting officers in connection with criminal cases handled
by them

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Functions of Regional State Prosecutors:
1. Implement policies, plans, programs, memoranda, orders, circulars and rules and regulations of the DOJ relative to the
investigation and prosecution of criminal cases in his region;
2. Exercise immediate administrative supervision overall Provincial and City Prosecutors and other prosecuting officers in
provinces and cities comprised within his region;
3. Prosecute any case arising within the region

Functions of Provincial and City Prosecutors:

1. Be the law officer of the province or city, as the case may be. He shall have charge of the prosecution of all crimes,
misdemeanors and violations of city or municipal ordinances in the courts of such province or city and shall therein discharge
all the duties incident to the institution of criminal prosecutions;
2. Investigate commissions of criminal acts and take an active part in the gathering of relevant evidence. For this purpose, the
National Bureau of Investigation, Philippine National Police and other offices and agencies of the government shall extend to
him the necessary assistance
3. Investigate and/or cause to be investigated all charges of crimes, misdemeanors and violations of all penal laws and
ordinances within their respective jurisdictions and have the necessary information or complaint prepared or made against
the persons accused. In the conduct of such investigations, he or his assistants shall receive the sworn statements or take
oral evidence of witnesses summoned by subpoena for the purpose;
4. Act as legal adviser of the municipality, and municipal district of the provinces or the provincial or city government and its
officers or of the city. As such, he shall when so requested, submit his opinion in writing upon any legal question submitted
to him by any such officer or body pertinent to the duties thereof
5. Assist the Solicitor General, when so deputized in the public interest, in the performance of any function or in the discharge
of any duty incumbent upon the latter, within the territorial jurisdiction of the former, in which cases, he shall be under the
control and supervision of the Solicitor General with regard to the conduct of the proceedings assigned to him and render
reports thereon.

Who are deemed Prosecutors?

A prosecutor is a lawyer who works for a state or government organization and is responsible for starting legal proceedings
and then proving in court that the suspect committed the crime he’s accused of. The opposite of the prosecutor is a defense attorney.

Who are Public Defense Lawyers?

 A public defender is a lawyer appointed to represent people who cannot afford to hire an attorney. It is also a literal
translation of the Spanish-language term abogado de oficio.

What is a Preliminary Investigation?

Rules of Court defines preliminary investigation as 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
respondent is probably guilty thereof, and should be held for trial.
A preliminary investigation is an important substantive right of persons suspected of crimes, the deprivation of which is tantamount
to a deprivation of due process of law. It is designed against hasty and malicious prosecutions. Prosecutor is not without any remedy.
He may file an appeal to the Secretary of Justice within fifteen days from receipt of the questioned resolution.

Purpose of Preliminary Investigation

1. To protect the innocent against hasty, oppressive and malicious prosecution

2. To secure the innocent from an open and public accusation of trial, from the trouble expense and anxiety of public trial; and
3. To protect the State from useless and expensive trials

Officers Empowered to conduct Preliminary Investigation:

1. Judges of the Municipal Trial Court

2. Judges of the Municipal Circuit Trial Courts
3. National and Regional State Prosecutors
4. Provincial or City Prosecutors

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 5. Such other officials that may be authorized by law like the Tanod bayan, COMELEC lawyers, and the Municipal Mayor in the
absence of the Municipal Judge

Preliminary Investigation Process:

1. Filing of complaint and affidavits of witnesses by the police, complainant, or public officer in charge of the enforcement of
the law alleged to have been violated
2. Personal examination of affiants of the investigating prosecutor
3. Preliminary action by investigating prosecutor
a. Dismiss the complaint if he finds no cause to continue with the inquiry
b. Issue subpoena to respondent requiring him to submit a counter affidavit
- If no counter affidavit is submitted, the investigating prosecutor shall resolve the case on the basis of the
evidence submitted by the police, public officer or complainant
- If a counter affidavit is submitted but there are matters which need clarification, the investigating
prosecutor may set a hearing to propose clarificatory questions
4. Preparation of resolution – based on the evidence presented, the investigating prosecutor may:
a. Prepare information if he finds cause to hold the respondent for trial
b. Otherwise, recommend the dismissal of the complaint

However, in both cases, the approval of the Provincial or City Prosecutor or the Chief State Prosecutor of such recommendation is
necessary. As regards offenses within the jurisdiction of Municipal Trial Courts, no preliminary investigation is required by law. All
that the public prosecutor is required to do is
 to examine the complaint and supporting affidavit
 to personally satisfy himself that the affiants voluntarily executed and understood their affidavits and that
the suspect has probably committed the offense charged.
This examination and determination he does ex parte, i.e., without notice to and in the absence of the suspect. He then files the
information directly with the court. At the preliminary investigation of a crime cognizable by a Regional Trial Court.

Respondent’s Rights:
1. To have notice of the investigation and to have a copy of the complaint, affidavits and other supporting documents
2. To submit a counter affidavit and other supporting documents within ten days from notice
3. To examine all other evidence submitted by the complainant
4. To be afforded an opportunity to be present at any hearing at which clarification of certain matters is to be made and submit
questions to the investigating officer for the purpose

Systems of Criminal Procedure

1. Accusatorial
The accusatorial system or adversary system is a legal system used in the common law countries where two
advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to
determine the truth of the case. It is in contrast to the inquisitorial system used in some civil law.
2. Inquisitorial
An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating
the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between
the prosecution and the defense. Inquisitorial systems are used in some countries with civil legal systems.
3. Mixed
A combination of the inquisitorial and accusatorial system. The examination of defendants and other persons before
the filing of the complaint or information is inquisitorial.
 The judicial setup in the Philippines is accusatorial or adversary in nature. It contemplates two contending parties before the
court, which hears them impartially and renders judgment only after trial.

The Courts Pillar

 Court Organization
 Courts in the Philippines
 Role of the Court
 Function of the Court
 Judicial Process

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Court – a 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

Jurisdiction - the authority to hear and determine a cause

Venue - the site or location where the case is to be tried on the merits.

Bail – 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 may be given in the form of
corporate surety, property bonds, cash deposit or recognizance.

Judgment – 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

Supreme Court – often referred to as “court of last resort”. It renders final judgment on constitutional and other important issues and
questions of law

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,
Philippine Constitution (1987)

The Supreme Court shall have administrative supervision over all courts and the personnel thereof (Sec. 6 Art. VIII). Likewise, the
Supreme Court en 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)

Court of Appeals – this court generally exercises appellate jurisdiction over decisions of inferior courts not otherwise falling within the
appellate jurisdiction of the Supreme Court

Regional Trial Court – exercise exclusive original jurisdiction in civil cases as describe in Sec. 19 Chapter II of the Batas Pambansa 129
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 lead those who might otherwise engage in controversy to compose their differences

Sandiganbayan – a special court tasked to handle criminal cases involving graft and corruption and other offenses committed by public
officers and employees in connection with the performance of their function or the so called service connected duties.

It was created under PD 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 offenses committed by public officers and employees in relation
to their offices.

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)

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.


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Metropolitan Trial Court, Municipal Circuit Trial Court and 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.

SHARI’A COURTS

 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

 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.
 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. 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.

Function of the Court

 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.

 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 may be either factual, legal or both.

 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.

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The Judicial Process

1. If the preliminary investigation results in the finding that a crime has been committed and the suspect is probably guilty
thereof, the public prosecutor will file the corresponding information in the proper court; thus activating the judicial
process
2. The case shall then be set for arraignment which is the first stage of a criminal action. It consists of the reading of the
information or criminal complaint in court to the accused in open court.
3. The accused is then asked how he pleads. The accused may plead guilty or not guilty to the offense charged. If he refuses
to plead, a plea of not guilty will be entered for him. If the accused pleads guilty, the court shall sentence him to the
corresponding penalty if it is satisfied of the voluntariness of the plea, and otherwise, of the guilt of the accused. If the
accused pleads not guilty, the case is set for pre-trial and/or trial.
4. No agreement or admission during the pre-trial shall be used in evidence against the accused unless reduced in writing
and signed by him and his counsel. After the pre-trial stage, trial follows. The prosecution commences the presentation
of evidence, followed by the accused. Prosecution may present rebuttal evidence. The parties may also present written
arguments or memoranda after which the case is deemed submitted for decision.
5. The accused is then asked how he pleads. The accused may plead guilty or not guilty to the offense charged. If he refuses
to plead, a plea of not guilty will be entered for him. If the accused pleads guilty, the court shall sentence him to the
corresponding penalty if it is satisfied of the voluntariness of the plea, and otherwise, of the guilt of the accused. If the
accused pleads not guilty, the case is set for pre-trial and/or trial.

6. No agreement or admission during the pre-trial shall be used in evidence against the accused unless reduced in writing
and signed by him and his counsel. After the pre-trial stage, trial follows. The prosecution commences the presentation
of evidence, followed by the accused. Prosecution may present rebuttal evidence. The parties may also present written
arguments or memoranda after which the case is deemed submitted for decision.

What is an arraignment?

 A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the
offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty
or not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at
which the court determines whether to set bail for the defendant or release the defendant on his own or her own.

The Pre-Trial shall consider:

1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence
5. Such other matters as will promote a fair and expeditious trial

Rights of the Accused during trial:

1. To be presumed innocent until the contrary is proved beyond reasonable doubt;

2. To be informed of the nature and cause of the accusation against him
3. To be present and defend in person and by counsel at every stage of the proceedings, from the arraignment to the
promulgation of judgment.
The accused may however waive his presence at the trial pursuant to the stipulations set forth in his bail bond, unless his
presence is specifically ordered by the court for purposes of identification. The absence of the accused without any justifiable
cause at the trial or a particular date of which he had notice shall be considered a waiver of his right to be present during that
trial. When an accused under custody had been notified of the date of the trial and escapes, he shall be deemed to have
waived his right to be present on said date and on all subsequent trial dates until custody is regained. Upon motion, the
accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect
his rights without the assistance of counsel
4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His
silence shall not in any manner prejudice him

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 5. To be exempted from being compelled to be a witness against himself
6. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the
testimony of a witness who is deceased, out of or cannot with due diligence be found in the Philippines, unavailable or
otherwise unable to testify, given in another case or proceeding (judicial or administrative) involving the same parties and
subject matter, the adverse party having had the opportunity to cross-examine him
7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf
8. To have a speedy, impartial and public trial
9. To have the right of appeal in all cases allowed and in the manner prescribed by law. After the reception of the contending
parties pieces of evidence, the case is now submitted for decision which the court must render within ninety days after trial.
If the court acquits the accused because in its view he is innocent or his guilt is not proven beyond reasonable doubt, the case
is definitely ended. Appeal by the prosecution is barred by the principle of double jeopardy.

Double Jeopardy – a procedural defense that forbids a defendant from being tried again on the same (similar) charges in the same
case following a legitimate acquittal or conviction

• On the other hand, if it convicts the accused because in its view his guilt of the crime charged has been established beyond
reasonable doubt, the latter may move for a new trial or reconsideration which may be based on either of the following
grounds:
a. That errors of law or irregularities have been committed during the trial prejudicial to the substantial rights of the
accused;
b. That new and material evidence has been discovered and produced at the trial, and which, if introduced and
admitted, would probably change the judgment.
• The motion for reconsideration may be based on the errors of law or fact in judgment. In lieu of moving for new trial or
reconsideration or after denial of such motion, the convicted accused may appeal to the Court of Appeals or the Supreme
Court within the time fixed by law.
• If the appeal of the convicted accused is unsuccessful and his conviction is affirmed, the case will be remanded to the court
of origin for the execution of the judgment. The latter court will set a date for the accused to present himself for the
enforcement of the judgment. At the time thus appointed, the court will issue an order of commitment and the accused is
passed on the next component.

 Corrections to the programs, services, agencies and institutions responsible for supervising person charged with or convicted of
crime. Corrections involves the punishment, treatment and incapacitation of convicted criminal offenders.
 “Correctional Service” includes all those activities designed for the purpose of controlling, managing, counselling, treating and
processing juvenile and adults persons placed in custody or under official supervision after having been charged with or found
guilty of delinquent or criminal acts. These functions include detention halls for juveniles, common jails, correctional schools,
reformatories, prisons, probation and parole services, and any other programs by whatever name which has like purposes.
 Felons are usually incarcerated in the National Prison manned by the Bureau of Corrections, misdeamenants are housed in jails
under the supervisions of the Bureau of Jail Management and Penology or reformatories handled by the DSWD. Corrections is
synonymous with rehabilitation, a concept that rejects punishment for its own sake and for what it may do in dissuading people
from committing a crime. It looks upon the task of the government as being rehabilitate, reform, treat, cure, or correct the law-
breaker, changing him into a law-abiding citizen or resident of the country

The Law Enforcement

Law Enforcement – is the prevention and control of crimes, enforcement of laws, and effecting the arrest of offenders, including the
conduct of lawful searches and seizures to gather necessary evidence.

2 Agencies in-charge of law enforcement: PNP and NBI

Other Agencies that Enforce Special laws: BIR, PCG, MARINA, BFAR, BOC, LTO, LTA, PAVSECOM, ATO

POLICE – generally means the arrangements made in a civilized state to ensure that the inhabitants keep the peace and obey the law.
It is considered a public office. As a public office, is charged with peace and order, protection of life and property, arrest of violators
of law and enforcement of the law. The word also denoted to the force of police officers employed for this purpose. A police officer is
a member of a police force.

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Importance of Police

The police are in strategic position to detect the causes of crime and delinquency and to prevent such acts. They are the first point of
contact between the citizen and the law. They are in the “front line” and their vigor and efficiency are mostly determined by the
society’s reaction to violations of the law. The increasing complicity of our society has brought greater needs of law and efficient police
protection. Without the police, the criminal courts would have no defenders.

3 Major Police Functions

1. Crime Prevention – is the police service that involves the greatest application of discretion. Street-level police decision-making
involves discretion. Police officers must be careful whenever they decided over criminal matters.
2. Crime Investigation
3. Traffic Supervision

THE KEY FUNCTIONS OF THE PNP UNDER SECTION 24 OF RA 6975

• Enforce all laws and ordinances relative to the protection of lives and properties
• Maintain peace and order and take all necessary steps to ensure public safety
• Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution
• Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws
• Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights
under the Constitution
• Issue licenses for the possession of firearms and explosives in accordance with law
• Supervise and control the training and operations of security agencies, and to security guards and private detectives, for the
practice of their professions
• Perform such other duties and exercise all other functions as may be provided by law

REPUBLIC ACT NO. 7438

An act defining certain rights of person arrested, detained or under custodial investigation as well as the duties of the arresting,
detaining and investigation officers, and providing penalties for violations thereof.

Police/Custodial Investigation - is an investigation conducted by law enforcement officers after a person has been arrested or
deprived of his freedom of action. It includes investigation to a person who is investigated in connection with an offense.

Rights of a person under investigation:

1. Right to be informed of his rights to remain silent

2. Right to have a competent and independent counsel preferably of his own choice or to be provided with one
3. Right against any torture, force, violence, threat, intimidation, or any other means which vitiate the free will
4. Right against being held in secret, solitary, incommunicado or other similar forms of detention; and
5. Right to remain silent and the right to counsel cannot be waived except, in writing and in the presence of counsel.

Arrest - the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Instances of warrantless arrest:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense
2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or
circumstance that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement
to another.

Search Warrant – it is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for a personal property described therein and bring it before the court.

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A SEARCH WARRANT MAY BE ISSUED FOR THE SEARCH AND SEIZURE OF PERSONAL PROPERTY
• Subject of the offense
• Stolen or embezzled and other proceeds or fruits of the offense; or
• Used or intended to be used as the means of committing an offense.

REQUISITES FOR A SEARCH WARRANT UNDER THE RULES OF COURT

• There must be probable cause

• The presence of probable cause is to be determined by the judge personally
• The determination by the judge must be made only after an examination under oath or affirmation of the complainant and
the witnesses he may produce; and
• The warrant must specifically describe the place to be searched and the things to be seized which may be anywhere in the
Philippines.

Probable Cause – refers to such facts and circumstances antecedent to the issuance of a warrant sufficient in themselves to induce a
cautious man to rely upon them and act in pursuance thereof.

Seizure – the act of confiscation or taking possession of something by legal process.

INSTANCES OF WARRANTLESS SEARCH & SEIZURES

1. When there is consent or waiver of the person to be searched or owner of the thing or place to be searched
2. When search is an incident to a lawful arrest
3. In the case of contraband or forfeited goods being transported by ship, automobile, other means of transportation, where
the officer making it has reasonable cause to believe that the latter contains them, in view of the difficulty attendant to
securing a search warrant
4. Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is visible to the eye (plain
view doctrine);
5. As an incident of inspection, supervision and regulation in the exercise of police power such as inspection of restaurants by
health officers, factories by labor inspectors and the like; and
6. Routinary searches usually made at the border or at the ports of entry in the interest of national security and for the proper
enforcement of customs and immigration laws.

Detention – means a restraint of personal liberty or deprivation of freedom of action in any significant manner. It is the temporary
case of an arrested person or a child alleged to be delinquent who requires secure custody in physically restricting facilities pending
court disposition or execution of a court order.

Detainee – refers to a person arrested due to the commission of a crime/offense by the arresting unit for custodial investigation. It
likewise includes person arrested for crimes which are heinous in nature, against national security, and high profile crimes.

High-Risk/Security Detainee – is one who is mostly likely to escape from detention, has prior records of escapes, charged or accused
of heinous crimes, crimes in violation of national security and who has the tendency of influence other persons to commit crimes.

Detention/Custodial Center – is an institution secured by the PNP Units for the purpose of providing short term custody of detention
prisoner thereby affording his safety and preventing escape while awaiting the court’s disposition of the case or transfer to appropriate
penal institution.

The Legal Grounds for detention:

 Commission of a crime; and

 Violent insanity or other ailment requiring compulsory confinement in an institution established for such purpose

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Prohibited Detention

By express provision of Republic Act No. 9745, or the “Anti-Torture Act of 2009,” secret detention places, solitary confinement,
incommunicado, or other similar forms of detention where torture may be carried out with impunity are hereby prohibited.

Prisoner’s Abuse – is the mistreatment of persons while they are under arrest or incarcerated. They are usually committed by penal
or correction officers charge in the custody, corrections and handlers of prisoners and detainees. It includes:

• Physical abuse
• Psychological abuse
• Sexual abuse
• Enhanced interrogation to war on terror
• Torture; and
• Other abuse, humiliation and refusal of essential medication.

ACTS OF TORTURE - Republic Act. No. 9745 (Anti-Torture Act of 2009)

Torture – an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes
as obtaining from him/her or a third person information or a confession; punishing him/her or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a third person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a person in authority
or agent of a person in authority. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Physical Torture – is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon
another in his/her custody that causes severe pain, exhaustion, disability, or dysfunction of one or more parts of the body such as:

• Systematic beating, head banging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping
on the stomach;
• Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally
eaten;
• Electric shock;
• Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances
on mucous membranes, or acids or spices directly on the wounds;
• The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of
suffocation;
• Being tied or forced to assume fixed and stressful bodily position;
• Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the
genitals;
• Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
• Dental torture or the forced extraction of the teeth;
• Pulling out of fingernails;
• Harmful exposure to the elements such as sunlight and extreme cold;
• The use of plastic bag and other materials placed over the head to the point of asphyxiation;
• The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
- The administration or drugs to induce confession and/or reduce mental competency; or
- The use of drugs to induce extreme pain or certain symptoms of a disease; and
• Other analogous acts of physical torture; and

Mental/Psychological Torture - refers to acts committed by a person in authority or agent of a person in authority which are calculated
to affect or confuse the mind and/or undermine a person's dignity and morale, such as:

• Blindfolding;
• Threatening a person(s) or his/her relative(s) with bodily harm, execution or other wrongful acts;
• Confinement in solitary cells or secret detention places;
• Prolonged interrogation;
• Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;

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 • Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall
be summarily executed;
• Maltreating a member/s of a person's family;
• Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
• Denial of sleep/rest;
• Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting
marks on his/her body against his/her will;
• Deliberately prohibiting the victim to communicate with any member of his/her family; and
• Other analogous acts of mental/psychological torture.

CONSTITUTIONAL RIGHTS OF THE ACCUSED IN CRIMINAL CASES

1. The right to adequate legal assistance.

2. The right, when under investigation for the commission for an offense, to be informed of his right and to remain silent and
to have counsel;
3. The right against the use of torture, force, violence, threat, intimidation and other means w/c vitiates the free will;
4. The right against being held in secret, incommunicado or similar forms of solitaire detention;
5. The right to bail and against excessive bail
6. The right to due process of law;
7. The right to presumption of innocence;
8. The right to be heard by himself and counsel;
9. The right to be informed of the nature and cause of the accusation against him;
10. The right to have a speedy, impartial, public trial;
11. The right to meet the witnesses face to face;
12. The right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf;
13. The right against self-incrimination;
14. The right against detention by reason of political beliefs and aspirations;
15. The right against excessive fines;
16. The right against cruel, degrading or inhuman punishment;
17. The right against infliction of the death penalty except for heinous crimes; and
18. The right against double jeopardy.

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