Division of Philippine Law

 1. Substantive law – law that creates the right and

obligations of persons; defines their status; governs their
relations; and confers power upon them.
 2. Adjective law – it is part of the law that governs the
prosecution and defense of action involving the
enforcement of rights and obligation.
 3. Public law – deals principally with the powers, rights
and obligations of the state.
 4. Private law – deals with the individuals his rights and
transactions, and his affairs.
 5. International law – governing relation between state
and sovereign entities or between states and international
organization of state.
 6. Municipal law – the entire body of law enacted by
jurisdiction and applied in that jurisdiction.
The Criminal Justice System
 Justice – it refers to the peace, order and well-being of the
society that are threatened or disrupted when a crime is
committed.
 • Criminal Justice – it is part of justice that concerns itself
with giving the state, the victim of the crime as well as the
victim, the dessert consequent upon the commission of
the crime.
 • Criminal Justice System - it consist of the institution,
offices, officers and procedures for the enforcement of
public order, particularly for dealing with infractions or
violation of laws.
 • Offender – it is the principal character in the criminal
justice system.
 • Victim/Offended Party – they are the neglected or
forgotten man in the criminal justice system.
The concept of crime
 Crime •
-“An act or omission punishable by law” (RPC, Phils) •
- “An act or omission prohibited by law for the protection of
the public, the violation of which is prosecuted by the
state in its own name and punishable by incarceration.”
(Model Penal Code, US)

- Elements of Crime
- 1. An act (actus reus)
- 2. An unlawful act 3. An intent (mens rea)
- 4. Attendant circumstances
- 5. Concurrence of act and intent
- 6. Causation
Restorative Justice
 • An effective alternative to the administration of
Criminal Justice.
 • Crime is, primarily, an offense against human
relationships and, secondarily, against the state.

 Principle of Restorative Justice

 1. Justice requires that we work to restore those who
have been injured.
 2. Those most directly involved and affected by crime
should have the opportunity to participate fully in
response to its solution if they wish.
 3. Government’s role is to preserve a just public
order, and the community’s role is to build and
maintain a just peace.
Laws that govern the CJS
1. Philippine Constitution of 1987
a. Congress/Senate – pass laws (bicameral
legislature)
b. Executive – enforce laws
c. Judiciary – interpret the laws
2. Revised Penal Code (Act 3815 as amended)
3. Rules of Court

***Principle of “Nullum crimen, nulla poena sine lege” –

if there is no crime, there is no law punishing it.
Purpose/goal of CJS
1. Primary Goals
a. Maintenance of peace and order.
b. b. Protection of member of the society.

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

LAW ENFORCEMENT

PROSECUTION

COURT

CORRECTION

COMMUNITY
• The prime mover of the system.
• Component of the CJS which is vulnerable to corruption.

The term POLICE

It is derived from the word POLITIA,
meaning condition of the state, government and
administration. POLITIA originated from the Greek
word “Politea” which means government, citizenship, or
the entire activity of a POLIS, a city.
But in restricted sense, it refers to that body
of armed men which as an institution is capable of
exercising its duties by armed physical forces in the
preservation of peace and order, detection and
investigation of crimes, and enforcement of laws.
 The Philippine National Police (PNP)

The PNP is the primary law

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

Statutory Power of the Police:

• To enforce laws and ordinances relative to the
protection of lives and properties;
• To maintain peace and order and take all necessary
steps to ensure public safety;
• To investigate and prevent crime , effect the arrest of
criminal offenders, bring offenders to justice and
assist in their prosecution;
• To detain arrested person/s for a period not beyond
what is prescribed by law, informing the persons so
detained of all rights under the constitution; and
• To exercise the general powers to make arrest,
search and seizure and enforce pertinent laws.
Licensing, Supervisory and Control and Training:

 • To issue licenses for the possession of

firearms and explosives in accordance with law;
 • To supervise and control the training and
operations of security agencies and issue
license to operate security agencies, and to
security guards and private detectives for the
practice of their profession;
 • To train students taking up their baccalaureate,
vocational or technical courses in undergoing
Law Enforcement Service Program in
compliance to the National Service Law.
Deputized Statutory Power of the Police to
perform such other duties and exercise all
other functions as maybe provided by law such
as:
• To enforce election laws during the conduct of
election;
• To enforce laws on agriculture, environment and
natural resources;
• To enforce laws on land transportation; and,
• To enforce other laws under the jurisdiction of
various departments and/or offices of the
government where the PNP is deputized under
the principle of intra-coordination between and
among offices/ departments of the government.
Miranda Doctrine Warning
-- It is a warning given to a person who is a
suspected in a crime and is under custodial
investigation.

It includes:
• Right to remain silent.
• Right to counsel, preferably his own choice.
• Right to be informed by such rights and
accusation against him.
• These rights are required to be recited by a
police officer except such information will
imperil the arrest.
 PROSECUTION (Second Pillar)
Terminologies
• Prosecution – is the process or method whereby
accusations are brought before the court of justice
to determine the guilt or innocence of the accused.
• Prosecutor – it refers to the person who is a quasi-
judicial officer who assures full discretion and
control over a criminal case in the administration
of justice and represents the government or the
people of the Philippines in a criminal proceeding
in the court of law.
• Preliminary investigation – it is the inquiry or
proceedings for the purpose of determining
whether there is sufficient ground that the crime is
committed and probably guilty thereof and should
be held for trial.
• Probable cause - it is the existence of such
facts and circumstances as would exile the
belief that the person charged is guilty thereof.
• Inquest – it is an informal and summary
investigation conducted by a public prosecutor
in criminal cases when the suspect was
arrested without warrant in order to continue
the detention of the suspect beyond what is
prescribed by law.
• Ombudsman – a conditionally independent
office that has disciplinary and prosecutorial
functions and exercise jurisdiction over
administrative cases filed against government
officers or employees and can impose
administrative penalties. (RA 6770)
Kinds of Prosecution System
 1. Adversarial/accusatorial system – the victim or his
representative has the primary responsibility for finding and
presenting evidences to the court. The accused is presumed
guilty until proven innocence.
 2. Inquisitorial – the judge searches the facts, listens to witness
to be taken, and investigate to prove the guilt or innocence of
the accused. The accused is presumed innocence until proven
guilty.
 3. Mixed system – adopts both accusatorial and inquisitorial,
where the victim or his representatives provides the fats,
evidences and testimony of witness to prove the guilt of the
accused. The accused is presumed innocent and also provides
facts, evidences and testimony of his witness to disprove the
accusation of the complainant. The judge will investigate and
determine the guilt of the accused beyond reasonable doubt
and its moral certainty.
Prosecution Service
 A prosecutor is one whose principal task
is to charge violators of the law with the
offenses that they may have committed, to
conduct preliminary investigation, to file the
necessary information before the court, and to
represent the People of the Philippines.
Prosecutors are part of the Executive Branch
of government and as a general rule belong to
the Department of Justice. However, the
Ombudsman also prosecutes offenses
committed by public officer or employees.
Functions of Prosecution
 1. conduct preliminary investigation
 2. make proper recommendation during the
inquest
 3. represent the government in the
absence of private counsel/prosecutor
under his supervision and control
 4. acts as a law officer, adviser of political
instrumentality’s and their officials
 5. investigate administrative cases
Investigating Fiscal
 1. Finds cause to hold the respondent for trial, and he
shall prepare the resolution and corresponding
information.
 2. Certify under oath, shown by the record, an authorized
officer, personally examine the complainant and his
witnesses that the accused is guilty thereof.
 3. Informed by the complaint and of the evidence
submitted against the accused.
 4. Given an opportunity to submit controverting evidence.
 5. If there is no probable cause, recommend the dismissal
of the complaint.
 6. Forward the record of the case including the resolution
to the provincial of city fiscal of chief state prosecutor
within 5 days.
Prosecutorial Discretion
 1. It is similar with the police to determine
the course of action and the proper
recommendation relative to the case
assigned to him.
 2. File the case in court on the merits.
 3. Dismiss the case of insufficiency of
evidence.
 4. Enter into agreement with the defense
counsel.
 5. Recommend reduced charges and bail
in favor of the accused.
 COURT (Third Pillar)
Terminologies

• Court – is the governmental body officially assembled

under the authority of law at the appropriate time and
place for the administration of justice through which the
state enforce its sovereign rights and powers.
• Judge – a public officer so named in his written evidence
of appointment (commission) assigned to preside over
and to administer the law in a court of justice.
• Arraignment – it is the reading of the criminal complaint
or information to the defendant, by the judge or clerk of
court and delivering to him of the copy thereof,
including the list of witnesses and asking him whether
he pleads guilty or not.
• Promulgation – the clerk of court reads the decision of
the judge after hearing of the case.
 • Bench – it refers to the courts in general.
 • Bar – it refers to persons authorized to practice the
legal profession (lawyers admitted to the roll of
attorneys of the Supreme Court).
 • Venue – it is the site and location where the case is
to be tried on the merits.
 • Trial – it is the period for the introduction of
evidence by both parties.
 • Certiorari – it is a writ issued from a superior court
requiring a lower court or a board, or officer
exercising judicial functions to transmit the records of
a case to the superior court for the purpose of
review.
 • Mandamus – an order issued by superior court
commanding a lower court or a corporation, board or
person to perform a certain act which it is or his duty
to do so.
Brief History
Trial by Order – it is an ancient procedure whereby an appeal
was made to God to make manifestation of the guilt or
innocence of accused. This was considered as “Judicium”
which means the judgment by God.
Trial by Ordeal – it is a system of determining guilt and
innocence based on painful test of skills. This method of
administration of justice was abolished in 1215.

In the Philippines, during the pre-Spanish period

almost the same concept was being adopted based from
the early law of the Philippines. During the Spanish era,
there where laws being followed by the people but no due
process of law was used to establish the guilt or
innocence of the person. Only the determination of
punishment to be imposed upon the person who believed
to have violated the law. During the early years of Spanish
regime, the highest court was Royal Audencia that
decides criminal and civil charges but its decision were
appealable to the Supreme Court of Spain in Madrid.
SCOPE OF JUDICIAL POWER
 Judicial Power – it is the power to apply the laws to
contest or disputes concerning legally recognized
rights and duties between the states and private
persons, or between individual litigants in cases
properly brought before the judicial tribunals.

a. To pass upon the validity or constitutionality of

the laws of the state and the acts of other branches
and department of the government.
b. To interpret and construe the law.
c. To render authoritative judgment.
d. To punish person adjudge in contempt and
issue warrants of arrest after due process has been
observed.
JURISDICTION OF COURTS
 Jurisdiction – it is the authority to hear and
determine a cause. It can be over the offense
(i.e. determined by law) as well as over the
accused (i.e. by means of arrest or surrender
of the accused).

1. General – when it is empowered to decide all disputes

which may come before it except those assigned to other
courts.
2. Limited – when it has authority to hear and determine only
a specific case. (special court)
3. Original – when it can try and decide a case presented for
the first time.
4. Appellate – when it can take a case already heard and
5. Exclusive – when it can try and decide a case which
cannot be presented before any court.
6. Concurrent – when anyone of two or more courts
may take cognizance of a case.
7. Criminal – that which exists for the punishment of
crime.
8. Civil – that which exists when the subject matter is
not a criminal nature.

Criminal Procedure – it is the method pointed out by law

for the apprehension, trial or prosecution and fixing a
punishment of the person who have violated or
accused to have broken or violated the law,
prescribe for the coagulation of the conduct of the
people of the community and who have thereby laid
themselves liable to fine or one
Functions of Court
1. Keeping peace – it is the primary functions of
any courts by giving justice.
2. Deciding controversies
3. Administrative role.
4. Decide the culpability or innocence of the
accused.
5. Protector of human rights – promote justice in
order to obtain peace satisfaction and
happiness of our citizenry and judges should
exhibit impartiality in his decision to the
contentment of all his litigants.
Organization of Courts
 A. Regular Courts – the Philippine Judicial System
consists of a hierarchy of courts resembling a pyramid
under the Reorganization Act of 1980.

1. First Level Court/Inferior court – a court which have

jurisdiction over cases where the penalty that may be
imposed does not exceed six years imprisonment. It is
classified as:

a. Municipal Trial Court – a trial court in municipality and the

judge covers one municipality.
b. Metropolitan Trial Court – a trial court in metropolitan areas
or chartered cities.
c. Municipal Trial Court for Cities – a trial court in a city.
d. Municipal Circuit Trial Court – a trial court in municipality
and the judge covers two or more municipalities.
 2. Court of General Jurisdiction/Regional Trial Court
– it refers to a court which have jurisdiction over offenses
punishable by more than six years imprisonment to reclusion
perpetua or life imprisonment.

 3. Court of Appeals – a collegiate appellate court that reviews

judgments from inferior courts and court of general jurisdiction.
It is composed of a one presiding judge and sixty-eight
associate justices who shall be appointed by the president of
the Philippines. It operates in seventeen divisions, each
comprising three members.
 4. Supreme Court – it is the court of final appeal that affirms,
modifies, affirms or reverses judgments of lower court. It is
composed of chief justice and fourteen associate justices and
may sit either en banc or its discretion, in division of three, five
or seven members. Any vacancy shall be filled within ninety
days and it shall be appointed by the president. Likewise,
Supreme Court has the power to discipline judges of lower
courts or order their dismissal by the vote of majority.
Special Courts
 1. Sandiganbayan – a collegiate court that sit both as a
trial court or as an appeal court when the accused is a
government employee classified as Salary Grade 27 or
above and is charged with a crime in connection with his
office. This special court was established under
Presidential Decree 1606 and its rank is equivalent to
Court of Appeals.

 2. Court of Tax Appeals – a collegiate appellate court that

has criminal jurisdiction over violation of the Internal
Revenue Code where the principal amount of taxes and
fees exclusive of penalties and charges in one million
pesos or more. It is a special court of limited jurisdiction. It
was created under Republic Act 1125 and expanded its
jurisdiction and enlarging its membership through
Republic Act 9282.
 3. Family Court – a trial court that has jurisdiction
over criminal offenses where either the victim or the
perpetrator is a child regardless of the offenses or
penalty be imposed. It is created through Republic
Act 8369 otherwise known as “Family Court Act of
1997”.

 4. Military Court – a court that exercises jurisdiction

over men and women of the AFP who violates Article
of War. The president as commander-in-chief has the
authority the decisions made by them.

 5. The Shari‘a Courts This court was created under

Presidential Decree 1083. This court was
established in certain specified provinces in
Mindanao where the Code of Muslim Personal Laws
of the Philippines is being enforced. A Shari‘a District
Court is of limited jurisdiction.
CORRECTION
Different Penal System Institution
 • Elmira Reformatory – the forerunner of modern
penology due to its extensive use of parole, social case
work and training school type of institution. It
incorporated the first official use of parole release in the
US.
 • Auburn System – it is one of the forerunners of modern
correctional system wherein they confine the prisoners in
single cells at night but allow them to work in congregate
shops during the day.

 • Pennsylvania System – the penal method based on the

principle that solitary confinement fosters penitence and
encourages reformation. Prisoners were kept in solitary
confinement Prisoners saw no one except institution
officers and an occasional visitor. Solitary penitence,
The Bureau of Corrections
 It was formerly Bureau of Prisons (created by the virtue of
Reorganization Act of 1907) and under Chapter IV Section
1705 to 1720 of the Revised Administrative Code, otherwise
known as the Prison Law enacted its procedures for
operation.
 It was prescribed to be headed by Chief to be known as the
Director of Prisons who shall oversee the administration,
supervision, management and control of all state prison
institution on our country.
 The President of RP appoints its head with the confirmation
of the congress by the commission on appointments. The
Bureau of Corrections or BuCor, is an agency under the
Department of Justice, mandated to carry out institutional
rehabilitation programs of the government for national
offenders, those sentenced to more than three years, and to
ensure their safe custody. It is composed of seven operating
institutions strategically located all over the country to accept
national prisoners.
7 operating units under BuCor

 1. New Bilibid Prison (NBP)

 2. San Ramon Prison and Penal Farm
(SRPPF)
 3. Iwahig Prison and Penal Farm (IPPF)
 4. Correctional Institution for Women (CIW)
 5. Sablayan Prison and Penal Farm
(SPPF)
 6. Davao Prison and Penal Farm (DPPF)
 7. Leyte Regional Prison (LRP)
The Reception and Riagnostic
Center(RDC)

 The RDC is a specialized service

designed to service correction system.
The casework of individualized method
of diagnosis and treatment of the
convicts are held there for a period of 60
days commencing from their
commitment to the prison.
The BJMP
 On January 2, 1991, the Bureau of Jail
Management and Penology was created thru
Republic Act 6975 as a line Bureau under the
Department of Interior and Local Government. The
Jail Bureau is the upgraded version of its forerunner,
the Office of Jail Management and Penology of the
defunct PC/INP last headed by BRIG GEN Arsenio
E. Concepcion.
As mandated by law, the BJMP shall
operate under the reorganized Department of the
Interior and Local Government. Starting from scratch
with 500 personnel in 1991 the BJMP weaned from
its mother PC/INP as a mere component, to become
a full-fledge bureau. Director Charles S. Mondejar
took his oath of office on July 1 of 1991 as the first
Chief of the Bureau.
Classification of Prisoners
1. By Security Risk
• Maximum – it includes high security risk
or highly dangerous inmates and requires
an extreme degree of supervision and
control.
• Medium – include those cannot be
trusted in less secured areas whose
conduct or behavior require minimum
supervision.
• Minimum – include who may be
reasonably trusted to serve their sentence
under less restricted conditions.
Classification of Prisoners
 2. As to entitlement of privileges

• Third class – one who has either been previously

committed for three of more times as a sentenced inmate.
• Second class – a newly arrived inmate; an inmate
demoted form first class of one promoted from the third
class.
• First class – are those whose known character and
credit for work while in detention earned assignment to
this class upon start of sentence; or one who has been
promoted from the second class.
• Colonist – who are first class inmates and has served for
one year immediately preceding the completion of the
period specified in the following classifications; has
Classification of Prisoners
 3. Under Presidential Decree 29
• Municipal Prisoners – persons convicted to serve a
period of imprisonment of not more than six months.

• Provincial/City Prisoners – persons who by reason

of their sentence may be deprived of liberty of not
more than three years or those who are unable to
pay a fine of 1, 000 pesos.

• National Prisoner – prisoners who are convicted to

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

 Jails are considered as the bulwark of

community social protection in the sense
that it isolates the offenders from the
rest of the population for a period while
the determination of their case in heard
on the merits.
Types Of Jail
 1. Lock-up Jail – security facility operated
by personnel of the local law enforcement
units for temporary detention of person
under investigation or waiting preliminary
investigation.
 2. Ordinary Jail – this facility houses
prisoner convicted of offenses which the
punishment does not exceed three years of
imprisonment and those with pending
cases before the courts and run by BJMP.
 3. Workhouse Jail ( Jail Farm)
Non- Institutional Correction
 • Pardon – it is a form of executive clemency which is an
act exercised by the President which exempting an
individual on whom it is bestowed from the punishment of
the law inflicts for the crime he has committed.
 • Amnesty – it is the general pardon extended to a group
or classes of persons and is exercised by the chief
executive, with the concurrence of congress.
 • Commutation – it is the change in the decision of the
court made by the President by reducing the degree of
penalty inflicted upon the convict or by reducing the length
of imprisonment of amount of fine imposed by the court in
the verdict of conviction.
 • Reprieve – it is the temporary stay in the execution of
the sentence. The execution is set backwards to enable
the President to review the merits of the case and
determine proper punishment for the convict.
Non- Institutional Correction
 • Reprieve – it is the temporary stay in the execution
of the sentence. The execution is set backwards to
enable the President to review the merits of the case
and determine proper punishment for the convict. It
is exercise only the President only after the
conviction.
 • Probation – it is a juridical disposition after which
the dependant after conviction and the sentence is
release subject to the condition imposed by the court
and the supervision of probation officer. Presidential
Decree 968 is the Probation Law of 1976.
 • Parole – it is a form of supervised conditional liberty
from prison granted prior to the expiration of the
sentence. It is come from the French word “Parole
d’honeur” meaning “word of honor”.
COMMUNITY
Components of the Community
1. The Home – it is the cradle of
personality, for in it the child forms
fundamental attitudes and habit that
endure throughout his life.
Components of the Community
 2. The School – it is in a strategic position to
prevent crime and delinquency because it
exercises authority over every child who is of
school age. It has the excellent opportunity to
influence child’s attitudes and behavior.
Components of the Community
 3. The Church – it points out to the faith their
relationship to God and their fellowmen, and who,
by work and example, lead community members
to live a moral life.
Components of the Community
 4. The Government – it is a duly constituted authority that
enforces the laws of the land, as such, it is the most powerful
institution as far as control of people is concerned. Respect
for the government is influenced by the respect of the public
to the people running the government.
Components of the Community
 5. The Mass Media – it is considered as the best
instrument for information dissemination, and the
best source of knowledge for the public. It is where
the public opinions are formed and gives food for
thought to the people
Components of the Community
 6. The Community Agencies – nation is
composed of people who interacts with
one another and follows same rules and
regulation
Components of the Community
 7. The Barangay Official – it is a cohesive group of
inhabitants possessing commitment and
performing well-defined and significant role that
can be transformed into effective and harmonious
action for the prevention and of crime and
delinquency.