CRIMINAL JUSTICE SYSTEM

Criminal Jus7ce System - sum total of instrumenta/on which a society uses in the
preven/on and control of crime and delinquency. It is also the machinery of the state or
government which enforces the rules of conduct necessary to protect life and property and to
maintain peace and order.

• Laws Govern the CJS

1. The 1987 Philippine Cons7tu7on
a. Legisla/ve (Art. VI) – enactment of laws (bicameral legislature)
b. Execu/ve (Art. VII) – implementa/on of laws
c. Judiciary (Art. VIII) – interpreta/on and applica/on of laws
d. The Revised Penal Code (Act 3815 as amended)
December 8, 1930 - signed into law
January 1, 1932 – took effect

1. Rules of Court
Nullum crimen, nulla poena sine lege “there’s no crime when there’s no law punishing
it”

DEFINITION OF TERMS
• Criminal - (Legal Point of view) a person who has been found guilty by final judgment by
court of competent jurisdic/on.
• Jus7ce - can be described in two basic principles:
(a) giving what is due to others, and
(b) trea/ng equals equally and unequal equally according to their inequality.
• System - refers to a process, procedure or scheme which is to be undertaken in order to
achieve certain ends.

Five stages in the Criminal Jus7ce Process

1. Arrest
2. Charging
3. Adjudica/on
4. Sentencing
5. Correc/ons
• Models of Criminal Jus7ce System
Due Process Model
- the person of the accused is presumed innocent un/l proven guilty beyond reasonable
doubt. It is the duty of the prosecu/on to prove that the accused is guilty. Rights of an individual
is co-equal with the safety of the public.

Crime Control Model

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 - the accused is presumed guilty and it is his obliga/on to prove his innocence. The most
important func/on of the CJS is the protec/on of the public.

The American Criminal Jus7ce System as part of the Total Social System in the Community
Total Social System in the Philippines just like the US Model is also composed of the various
systems

CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM PROCESS
• Philosophies behind the CJS
•
1. ADVERSARIAL APPROACH
• Assumes innocence.
• The prosecutor has the burden of proof.
• The emphasis is given on the proper procedures.
2. INQUISITORIAL APPROACH
• Assumes guilt.
• The accused has the burden of proof.
• The emphasis is on the convic/on of the accused.
•
FIRST PILLAR: LAW ENFORCEMENT
- the first stage in the criminal jus/ce process pertains police or law enforcement
acCviCes which is carried on through INVESTIGATION of crimes that are reported to or
discovered by the police or aw enforcers.
- the ini7ator of the criminal jus7ce cycle. Its ac/ons and decisions essen/ally control or
dominate the acCviCes or funcCons of the other pillars.
-Its primary goal if crime preven*on.
- Pillar of CJS which is vulnerable/prone to corrup*on.
• Crime Preven7on – the elimina/on of the opportunity for the commission of a crime.
•
Crime Detec7on – is the discovery of the police that a crime had been commiZed. There are
tradi/onal ways that occurrence of crime is made known to the police:
1. When the vic/m personally reports the crime to the police.
2. When a witness personally reports the crime to the police; and
3. When the police catch an offender while in the commission of a crime.

POLICE ORGANIZATION
q a group of trained personnel in the field of public safety administra/on engaged
in the achievement of goals and objec/ves that promotes the maintenance of peace and
order, protec/on of life and property, enforcement of the laws and the preven/on of
crimes.

LAW ENFORCEMENT AGENCY

q pertains to an organiza/on responsible for enforcing the laws.
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 q the collec/ve term for professionals who are dedicated to upholding and enforcing the
laws and statutes that are currently in force in a given jurisdic/on.
• Various Law Enforcement Agencies:
• The Philippine Na/onal Police (P.N.P.)
• The Na/onal Bureau of Inves/ga/on (N.B.I.)
• The Philippine Drug Enforcement Agency (PDEA)
• The Bureau of Internal Revenue (BIR)
• The Bureau of Customs
• The Land Transporta/on Office (LTO)
• Metro Manila Development Authority (MMDA)
• Others

• RA 6975
- otherwise known as the DILG Act of 1990
-enacted on December 13, 1990;
- reorganized the DILG and established the Philippine Na/onal Police, Bureau of Fire
Protec/on, Bureau of Jail Management and Penology and the Philippine Public Safety College

• RA 8551
- otherwise known as the Philippine Na*onal Police Reform and Reorganiza*on Act of
1998,
- enacted on February 25, 1998
- this law amended certain provisions of RA 6975

• R.A. 9708 = Amending the provisions of R.A. 6975 and R.A. 8551 on the minimum
educaConal qualificaCons for appointment to the PNP and adjus/ng the promo/on
system, August 12, 2009.

• Na7onal in Scope – means that PNP is a na/onwide government organiza/on whose

jurisdic/on covers the en/re breadth of the Philippine Archipelago.
• Civilian Character – means that the PNP is not a part of the military, although it retains
some military aZributes such as discipline.

• IMPORTANT FILIPINO PERSONALITIES IN THE EVOLUTION OF PHILIPPINE POLICING

• Brig Gen Rafael Crame - the first Filipino chief of the Philippine Constabulary in 1917
• Col. Antonio Torres- the first Filipino chief of police of the Manila Police Department in
1935
• Col. Lamberto Javalera- the first chief of police of the Manila Police Department ajer
the Philippine Independence from the United States of America in 1946
• P/Dir Gen. Cesar Nazareno- the first chief of the Philippine Na/onal Police
•
PHILLIPINE NATIONAL POLICE
• Organized pursuant to RA 6975, as amended by RA 8551 and further amended by R.A.
9708.
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 • Law enforcement agency under the opera/onal control of the Department of the
Interior and Local Government and administra/ve supervision of the Na/onal Police
Commission
• Primary law enforcement agency, which is na/onal in scope and civilian in character
• Headed by the Chief, PNP, with the rank of Police General

Art XVI, Sec 6, 1987 Phil. Cons7tu7on – There should only be one police force that is
na/onal in scope and civilian in character to be administer by the Na/onal Police
Commission.

Inves7ga7on
The purpose of the inves/gatory stage is to gather sufficient evidence to iden/fy the suspect
and support a legal arrest. The process of inves/ga/on includes but not limited to:
a. Surveillance and observa/on of suspects
b. Taking of photographs surrep//ously or otherwise
c. Interview of persons with personal knowledge of facts
d. Entrapment suspects
e. Search of premises or persons and seizures of objects, subject to cons/tu/onal and statutory
safeguards
f. Examina/on of public and other available records pertaining to persons involved in crimes

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

Custody
• The moment aHer an arrest is made, the detained suspect is considered under police
custody and is now restricted of his freedom of movement. The police may wish to
search the suspect for weapon or contraband.
Charging
• If the arres/ng officer or his superior believe that sufficient evidence exists the person is
charge with specific crime for which he had been arrested.
REFERRAL
• Ajer the formal inves/ga/on has been completed the police has to referred the
inves*ga*on report/complaint to the prosecutors office, including the evidences
(Physical or documentary proof) and the suspect if he is in custody.
• COURT APPEARANCE/DUTY
• The police (inves/gator or arres/ng officer) when summon by the court must appear in
court to stand as witness for the prosecuCon.
•
OBJECTIVES OF POLICE
1) Crime preven7on – the preven/on and suppression of crimes have tradi/onally been
accepted as the primary goal of the local police forces.

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2) Criminal apprehension – it is a police responsibility to idenCfy, locate and apprehend
offenders.
3) Law enforcement – it is the basic responsibility of the police to enforce the law.
4) Order maintenance – one of the most troublesome responsibili/es of the police.
Crime Formula
Crime = Desire + Opportunity + Capability (DOC)
Desire = wan/ng of a person to commit the crime.
Opportunity = physical possibility for the crime to be commiZed.
Capability - ability of the offender to commit the crime (Methods, skills, tools etc.)
• Who may make/execute/effect arrest?
• Police officer (in both warrantless and arrest with warrant)
• Private individual (only warrantless arrest or ci/zens arrest)
• Members of inves/ga/on staff of the NBI (under RA 157, as amended)
• Who may make/execute/effect arrest?
• Bailor (may arrest the accused for the purpose of surrendering him in court)
• Sheriff or deputy Sheriff (may arrest a witness who failed to aZend and obey subpoena
despite proof of service thereof) (sec. 11, Rule 23)

• Who may make/execute/effect arrest?

• Provincial or City Proba/on officer (may arrest proba/oner under his care; Sec. 24, PD
968) – If absconding
• Commissioner of Land Transporta/on and his Depu/es (are authorized to make arrest
for viola/on of law insofar as motor vehicles are concerned; RA 4136, as amended)
• Head of Bureau of Immigra/on – alien deporta/on
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• When in his presence, the person to be arrested has commiZed an offense, actually
commipng an offense, or is aZemp/ng to commit an offense.
(Referred to as the in flagrante delicto rule)
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• When an offense has in fact just been commiZed, and he has personal knowledge
of facts indica/ng that the person to be arrested has commiZed it.
(Referred to as the “Hot pursuit” arrest rule)
• When is Warrantless Arrest Lawful? (Instances of warrantless arrest)
• 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 temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
• Referred to as escaped felon rule
• When is Warrantless search Lawful? (Instances of warrantless search)
1.Warrantless Search incidental to a lawful arrest (Sec. 13, Rule 126)
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search (vessels/aircraj for viola/on of immigra/on, customs and drug laws);
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6. Stop and Frisk; and
7. Exigent and emergency circumstances.
8.Searches of buildings and premises to enforce, fire, sanitary and building regula/ons.
• Raid = It is a surprise invasion of a building or an area. It is an aZack on small scale or a
limited territory.
• Entrapment = it refers to the ways and means of capturing or trapping a law violator.
• Buy-bust opera*on = a form of entrapment employed by peace officers to catch a
malefactor in flagrante delicto.
• Ins*ga*on = It is a process by which the ins/gator prac/cally induces the would be
defendant into the commission of the offense, and himself becomes a co-principal.
• Miranda vs. Arizona, 1966 – “Miranda Rights”, “Miranda Warning”, Miranda Doctrine
• Ar7cle 3, Sec7on 12, and Sec7on 17.
• R.A. 7438 – Law providing for the rights of a person arrested, detained or otherwise
under custodial inves/ga/on.
• R.A. 9745– An/-Torture law.
• Criminal Inves7ga7on = Art and science of Iden/fying, loca/ng and tracing law violators
and providing evidence of their guilt.
• Cardinal Rule = 5W & 1H
• Three tools = (3 I’s) Informa/on, Interview/Interroga/on, and Instrumenta/on
•
Other Law enforcement Agencies:
Na7onal Bureau of Inves7ga7on (NBI)
• Originally it was called the Division of Inves/ga/on established on November 14, 1936,
pursuant to Commonwealth Act no. 181.
• R.A. 157, June 19,1947= reorganized into the Bureau of Inves*ga*on.
• Execu7ve Order No. 94, October 4, 1947 renamed it the NaConal Bureau of
InvesCgaCon.
• “two-pillar rule” in inves/ga/on --- Thoroughness and legality.
Philippine Drug Enforcement Agency (PDEA)
• Created by virtue of R.A. 9165, otherwise known as the Comprehensive Dangerous Drug
Act of 2002 which was approved June 7, 2002 and took effect on July 4, 2002, amending
R.A. 6425 (Dangerous Drug Act of 1972).
• Agency in-charge of enforcing R.A. 9165
• under the Administra/ve supervision of the Dangerous Drug Board (DDB)-the policy
making body.
Bureau of Internal Revenue (BIR)
• Mandated to assess and collect all na/onal internal
• Revenue taxes, fees and charges and to enforce all forfeitures, penalCes and fines
connected therewith, including the execuCon of judgments in all cases decided in its
favor by the Court of Tax Appeals (CTA) and the ordinary courts .
Bureau of Customs (BOC)
• Created by virtue of Act no. 355, known as the Philippine Customs Administra/ve Act,
February 6, 1902. Later it was reorganized in October 4, 1987.

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 • It exercise exclusive jurisdic/on over seizure and forfeiture cases under the Tariff and
Customs laws
• Land Transporta7on Office (LTO)
• MMDA

OTHER GOVERNMENT AGENCIES WITH SPECIAL LAW ENFORCEMENT POWERS

ü Philippine Drug Enforcement Agency (PDEA)
ü Bureau of Immigra7on
ü Bureau of Customs
ü Bureau of Internal Revenue (BIR)
ü Bureau of Food and Drugs (BFAD)
ü Bureau of Quaran7ne
ü Land Transporta7on Office (LTO)
ü Mari7me Industry Authority (MARINA)
ü Movie and Television review and Classifica/on Board (MTRCB)
ü Op/cal Media Board (OMB)
ü Intellectual Property Office (IPO)
ü Department of the Environment and Natural resources (DENR)
ü Bangko Sentral ng Pilipinas (BSP)
ü Other government agencies clothed with special law enforcement powers
• Prosecu7on Determiner of Probable Cause
Existence of such facts and circumstances as would excite a belief in a reasonable mind,
ac/ng on the facts within the knowledge of the prosecutor, that the person charged is guilty of
the crime for which he is prosecuted

SECOND PILLAR: PROSECUTION

• The prosecu/on arm of the government is generally vested in the Department of Jus/ce
(Administra/ve code of 1987) under the direc/on, supervision and control of the
secretary of jus/ce where the interest of the government is in issue.
• The prosecu/on service is made up of the Chief State Prosecutor, The Regional
Prosecutors, The Provincial Prosecutors, The City/Municipal Prosecutors, and such
others Prosecutorial offices as may be establish by law.
• Other Examples of Prosecu7on Agencies
1. Office of the Solicitor General (State Prosecutor)
2. Office of the Ombudsman

WHAT IS PROSECUTION ?
course of ac/on or process whereby accusaCons are brought before a court of jusCce to
determine the innocence or guilt of the accused.
• What are the roles of prosecu7on?
1. EVALUATE the police findings referred to them, or other complaints filed directly with them
by individual person; (Includes P.I./INQUEST)
2. FILE corresponding criminal complaints or informa/on in the proper courts on the basis of
their evalua/on on the proofs at hand; and
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3. PROSECUTE all alleged offenders in court, in the name of the people of the Philippines.
• Q: Why is it the duty of the Prosecutor is said to be to represent the government not the
offended private individual in a criminal proceeding?
A: This is based on the principle that acts and omissions punishable by law when commiZed are
always against the public interest and not only against the offended individual.
This is also the reason why in a criminal case, the cap/on is in the name of the “People
of the Philippines vs. a par/cular individual(s)”.
• Q: Who shall prosecutes criminal ac/ons?
• Who Prosecutes Criminal Ac/ons?
A: All criminal acCons must be prosecuted by a Public Prosecutor.
• Q: Can a Private Prosecutor prosecutes criminal acCons?

A: Yes. In case the complainant hired a private lawyer to prosecute the case, he can be under
the strict supervision of the government/public prosecutor.
• Prosecu7on Process
1. Evalua7on of complaint
Complaint – is a sworn wriken statement charging a person with an offense, subscribed
by the offended party, any peace officer or other public officer charged of the enforcement of
the law violated.
• Q: What could be the possible ac/ons of the Prosecutor ajer evalua/ng the complaint?
• A: AcCons could either be to dismiss the complaint or move for the filing of informaCon
in Court.

• 2. Conduct of Preliminary Inves7ga7on

Preliminary Inves7ga7on – it is an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well founded belief that a crime cognizable by
the RTC has been commiZed and that the respondent is probably guilty thereof, and should be
held for trial. (Sec. 1, Rule 112)
• Officers Authorized to Conduct Preliminary Inves7ga7on
• Na/onal and Regional State prosecutors;
• Provincial or City Prosecutors and their assistants;
• Chief legal officer of the COMELEC in prosecu/ng elec/on offenses;
• The Ombudsman;
• Special prosecutor;
• Prosecutors duly authorized by the ombudsman in prosecu/ng offenses cognizable by
the Sandiganbayan.
• NOTE:
• The authority of the judges of the Municipal Trial courts and Municipal Circuit
Trial courts to conduct a preliminary invesCgaCon was revoked by A.M. 05-8-26-
SC
• Filing of an Informa7on aler finding probable cause
Informa7on - An accusa/on in wri/ng charging a person with an offense subscribed by the
prosecutor and filed with the court.
• An affidavit is a statement of facts under oath.
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 • A subpoena is a process directed to a person requiring him to aZend and to tes/fy at the
hearing or the trial of an ac/on. (sec. 01 rule 23, Rules of court)
• INQUEST PROCEEDING
It is an informal and summary inves/ga/on conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said person should remain under custody
and correspondingly be charged in court.
• Q: What could be the possible remedy of the suspect/offender if found out that
there exist probable cause in the offense charge and an informaCon was filed in
court?

• A: Filing of Bail
• Bail – Is the security given for the temporary release of the person in custody of
the law.

Bail may be given in the form of:

• Property bond – personal or real property serving as lien on the amount of bail to be
paid.
• Cash deposit
• Corporate Surety – a corpora/on serving as a surety for the temporary liberty of the
accused person.
• Recognizance – responsible person (known probity) who will guarantee with court
appearance

• Q: Is BAIL a maker of right?

YES. Before or ajer convic/on in MTC. Before convic/on in RTC. (Sec 4.)

THIRD PILLAR: COURT (center piece of CJS)

• an organ of the government belonging to the judicial department whose func/on is the
applica/on of the laws to controversies brought before it and the public for the
administra/on of jus/ce.

JUDICIARY
• that branch of the government which is vested with judicial power
• that branch of the government which is empowered to interpret, construe and apply the
laws.

JUDICIAL POWER
• power to apply the laws to contests or disputes concerning legally recognized rights or
du/es of and between the state and the private persons or between individual liCgants
in cases properly brought before the judicial tribunals.

POWER OF JUDICIAL REVIEW

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 • determine whether laws passed by Congress and acts of the President are in accord with
the ConsCtuCon when the ma]er is raised
• JURISDICTION
- the power and authority of a court to hear, try and decide cases.
• BP 129
- otherwise known as the Judiciary Reorganiza/on Act of 1980.

KINDS OF JURISDICTION:
1) General – when the court is empowered to decide all disputes which may come before it
except those assigned to other courts. (RTC)
2) Limited – when the court has the authority to hear and determine only a few specified cases.
(CTA)
3) Original – when the court can try and hear a case presented for the first /me. (MTC/RTC)
4) Appellate – when the court can try a case already heard and decided by a lower court,
removed from the laZer by appeal. (SC/CA/RTC)
5) Exclusive – when the court can try and decide a case which cannot be presented before any
other court. (SANDIGANBAYAN)
6) Concurrent – when any of two or more courts may take cognizance of a case.
• THE BASIC COURT SYSTEM IN THE PHILIPPINES
• In the Philippines the regular courts engage in the administra/on of jus/ce is organized
into four (4) levels as depicted above.
• THIRD LEVEL COURT
A. Court of Appeals (CA)
- Composed of 68 Associate Jus/ce and headed by 1 Presiding Jus/ce.
- It is essen/ally an appellate court (not a trial court); second highest tribunal.
- has appellate jurisdic/on over cases decided by the Regional Trial Court ;
- Dec. 30 , 1996 R.A 8246
Reviews decision rendered by the CTA
• Jurisdic/on of the Court of Appeals
• • Has appellate jurisdic/on over cases decided by the RTC
• • Exclusive appellate jurisdic/on over all final judgments, decisions, resolu/ons,
orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentali/es,
boards or commissions, including the Securi/es and Exchange Commission, the Social
Security Commission, the Employees Compensa/on Commission and the Civil Service
Commission, except those falling within the appellate jurisdic/on of the Supreme Court
in accordance with the Cons/tu/on.
• FOURTH LEVEL COURT
A. Supreme Court (SC)
- composed of 1 Chief Jus/ce and 14 Associate Jus/ces
- the highest court of the land
- it is the court of last resort, for no appeal lies from its final judgments and final orders.
- it exercises appellate jurisdic/on over cases decided by the Court of Appeals or the
Regional Trial Courts.
-shall have administra/ve supervision over all courts
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 - shall have the power to discipline judges of the lower courts
-shall have the power of judicial review
• • The Supreme Court has both original and appellate jurisdic/on.
• It exercises original jurisdic/on over cases affec/ng ambassadors, other public ministers
and consuls, and over pe//ons for cer/orari, prohibi/on, mandamus, quo warranto, and
habeas corpus.
SPECIAL COURTS
A. COURT OF TAX APPEALS
- created under RA 1125
-composed of 8 Associate Jus/ces and 1 Presiding Jus/ce
- has exclusive appellate jurisdic/on to review on appeal decisions of the Commissioner
of the Bureau of Internal Revenue involving internal revenue taxes and decisions of the
Commissioner of the Bureau of Customs involving customs du/es
B. SANDIGANBAYAN
- created pursuant to PD 1606
- tasked to handle criminal cases involving graj and corrup/on and other offenses commiZed
by high- ranking public officers and employees in connec/on with the performance of their
func/ons
- RA 3019, RA 1379, RA 7080
Salary grade 27 and above (C/SUPT.) (87,229.00)
C. SHARIA COURTS
- created pursuant to PD 1083, otherwise known as the “Code of Muslim Personal Laws
of the Philippines”
- created as part of the judicial system courts of limited jurisdic/on known as the Sharia
Courts
- Sharia District Court are presided by District Judges (5)
-Sharia Circuit Trial Courts are presided by circuit judges (55)
Which of the following is formerly known as Inferior Courts? (CLE2014)
A. Court of Appeals
B. Regional Trial Court
C. Municipal Trial Court
D. Sandiganbayan

ARRAIGNMENT
- consists of reading the informa/on to the accused and asking him, in open court whether or
not he is guilty of what is alleged against him.
Q: Can an accused send another person as subs/tute for him to enter his plea?
A: No. The accused must personally enter his plea even he is charged with a light offense only.
Q: Why is it important that a plea must be entered?
A: To make an issue. Without an issue, there is nothing to be tried and nothing on which the
judgment and sentence of a court can be properly predicated.

PRE-TRIAL

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 - Mandatory requirement in criminal cases. The goal is to expedite the trial or disposi/on of
cases.

PRE-TRIAL (Rule 118 sec. 2A)

1. Plea bargaining
2. S/pula/on of facts
3. Marking of evidence
4. Waiver of objec/ons to admissibility of evidence
5. Modifica/on of order of trial (self-defense)
6. Other maZers that will promote a fair and expedi/ous trial of the criminal and civil aspects of
the case.

Plea Bargaining
- the process whereby the accused and the prosecu/on work out a sa/sfactory disposi/on of
the case subject to court approval. It usually involves the accused pleading guilty to a lesser
offense or to only one or some counts of several charges in return for a lighter penalty.

TRIAL
- the process by which the offended party represented by the public prosecutor/private
prosecutor presents all their evidence to prove that the offense charges was commiZed and the
accused will likewise present his evidence to prove his innocence.
No case shall exceed 180 days.

Due process of law - means the right to be heard before it condemns

Evidence – is a means, ascertaining in in a judicial proceeding the truth respec/ng a
maZer of fact.
Factum Probandum – ULTIMATE FACT or the fact sought to be established.

A. JUDGMENT OF CONVICTION
- When the judge finds the accused GUILTY of the charges against him.
It shall include the following:
- The legal qualifica/on of the offense cons/tuted by the acts commiZed by the accused
and the aggrava/ng or mi/ga/ng circumstances which aZended its commission.
-The par/cipa/on of the accused in the offense, whether as principal, accomplice or
accessory ajer the fact
-The penalty imposed upon the accused
-The civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party unless the enforcement of the civil liability by a
separate civil ac/on has been reserved or waived. All person criminally liable is also civilly liable.

B. JUDGEMENT OF ACQUITTAL
- When the judge finds the accused not guilty of the charges against him.
- shall state whether the evidence of the prosecu/on absolutely failed to prove the
guilt of the accused or merely failed to prove his guilt beyond reasonable doubt.
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PROMULGATION OF JUDGMENT
- by reading in the presence of the accused and any judge of the court in which it was
rendered.
- if the judge is absent, the judgment may be promulgated by the clerk of court.
A judgment becomes final:
• When the period for perfec/ng an appeal has lapsed
• When the sentence is par/ally or totally sa/sfied or served.
• When the accused expressly waives in wri/ng his right to appeal
• When the accused applies for proba/on.
• FOURTH: CORRECTION
Defini7on: Is that branch of administraCon of criminal jusCce charged with the
responsibility for the custody, supervision and rehabilitaCon of convicted offenders. (CLE Apr
2016)
- Considered the weakest pillar because of its inability to reform and rehabilitate
convicted offenders. (CLE 2010)
• Penology = a branch of criminology which deals with the treatments, management and
administra/on of inmates.
• Reforma7on – the State punishes the criminal to help him reform or be rehabilitated.
• Exemplarity – the State punishes the criminal to serve as an example to others and
discourage others from commipng crimes.
• Jus7ce – the State punishes the criminal as an act of retribu/ve jus/ce, a vindica/on of
absolute right and moral law violated by the criminal.
• Punishment – it is the redress that the state takes against the offended member of
society.
• Philippine Prison System
– paZerned ajer the US Federal Prison System.
• E.O 292 or the “Prison law”
- basic law in the Philippines Prison System found in the Revised Administra/ve Code.
- The law which renamed the Bureau of Prison to Bureau of Correc/on.
• P.D. 29
- the law that classified prisoners.

Classifica7on of Prisoners
A. According to Sentence/place of confinement
• Na7onal or Insular Prisoner – one who is sentenced to serve a prison term of
three (3) years and one (1) day to death.
• Provincial Prisoners – one who is sentenced to serve a prison term of six (6)
months and one (1) day to three years. (CLE Apr 2016)
• City Prisoners – one who is sentenced to serve a prison term of one (1) day to
three (3) years.
• Municipal Prisoner – one who is sentenced to serve a prison term of one (1) day
to six (6) months. (2x CLE Apr 2016)
•
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According to Status
• Deten7on prisoners (FIT) – those held for security reasons, invesCgaCon, those
awaiCng or undergoing trial and awaiCng final judgment.
• Sentenced prisoners – those convicted by final judgment and serving their sentence.

Jails
– ins/tu/ons for confinement of convicted offenders sentenced to imprisonment of
three (3) years or less.
- ins/tu/on for the confinement of those held for security reasons, invesCgaCon,
undergoing trial or awaiCng final judgment.
- derived from the Spanish word “jaula” and “caula”.

NOTE:
• Provincial jails are administered and supervised by their respec/ve provincial
governor.
• City and municipal jails are administered and supervised by the Bureau of Jail
Management and Penology (BJMP).

• FIFTH: COMMUNITY
- Considered as the INFORMAL pillar of the Criminal Jus/ce System.
-the fijh pillar of CJS includes but is not limited to individuals, private groups and public
en//es who when performing or are involved in related criminal jus/ce ac/vi/es, become part
of the system.

• KATARUNGANG PAMBARANGAY
• PD 1293 – the law “CREATING A KATARUNGANG PAMBARANGAY COMMISSION TO
STUDY THE FEASIBILITY OF RESOLVING DISPUTES AT THE BARANGAY LEVEL
promulgated on 27 January 1978
• PD 1508 – the law “ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE
BARANGAY LEVEL
• RA 7160 – otherwise known as the “LOCAL GOVERNMENT CODE OF 1991
provides for the REVISED KATARUNGANG PAMBARANGAY LAW enacted on 10 October
1991
• Barangay Jus/ce System
• Barangay Jus/ce System: mandated by Republic Act No. 7160 or the Local Government
Code of 1991. Prior to this law, however, the establishment of the Barangay Jus/ce
System had been covered by Presiden/al Decree 1508 in 1978 and BP Blg. 337 or the
Local Government Code.
• There is hereby created in each barangay a Lupong Tagapamayapa, hereinajer referred
to as the lupon, composed of the punong barangay, as chairman and 10 to 20 members.
The lupon shall be cons/tuted every 3 years in the manner provided herein.
• Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impar/ality, independence of mind, sense
of fairness, and reputa/on for probity, may be appointed a member of the lupon.
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 • A no/ce to cons/tute the lupon, which shall include the names of proposed members
who have expressed their willingness to serve, shall be prepared by the punong
barangay within the first 15 days from the start of his term of office. Such no/ce shall be
posted in three (3) conspicuous places in the barangay con/nuously for a period of not
less than 3 weeks;
• The punong barangay, taking into considera/on any opposi/on to the proposed
appointment or any recommenda/ons for appointment as may have been made within
the period of pos/ng, shall within 10 days thereajer, appoint as members those whom
he determines to be suitable therefor. Appointments shall be in wri/ng, signed by the
punong barangay, and aZested to by the barangay secretary.
• The list of appointed members shall be posted in 3 conspicuous places in the barangay
for the en/re dura/on of their term of office; and
• In barangays where the majority of the inhabitants are members of indigenous cultural
communi/es, local systems of seZling disputes through their councils of datus or elders
shall be recognized without prejudice to the applicable provisions of this Code.
• REQUIREMENT PRIOR TO THE FILING OF CASE IN COURT
• KATARUNGANG PAMBARANGAY
- It was created by virtue of PD 1508 on June 1978.
-Likewise, RA 7160 (local Government Code of 1991) integrated provisions to strengthen
katarungang pambarangay specially sec/ons 399 – 422.
• KATARUNGANG PAMBARANGAY
• - It was created purposely to give the appropriate barangay chairman and barangay
lupon officials to amicably seZle cases within their jurisdic/on.
• Amicable SeZlement
• – It is the process of solving or seZling disputes in a certain barangay.
The Barangay Court System was created to amicably seZle cases within their respec/ve
barangay, punishable by imprisonment not exceeding?
a) One year
b) Two years
c) Three years
d) Four years
• Offenses punishable by the RPC cognizable by the Lupon
1. Alarms and scandals (Art. 155)
2. Use of false cer/ficates (Art. 175)
3. Concealing one’s true name and other personal circumstances (Art. 178, par 2)
4. Physical injuries commiZed in tumultuous affray (art. 252)
5. Slight physical injuries and maltreatment (art. 266)
6. Other forms of trespass (art. 287)
7. Other light coercion or unjust vexa/ons (art. 287)
8. Other light threats (art. 285)
9. Some forms of thej (art. 308, par 3, and art 309, par 8)
10. Altering boundaries or landmarks (art 313)
11. Other deceits (art 3180)
12. Arson of property of small value (art 323)
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 13. Social cases of malicious mischief’s (328)
14. Other mischief’s (art 329)

NOTE:
• All these offenses are punishable by imprisonment not exceeding 30 days andor fine not
exceeding P200. – A. menor
• Under the New Local Gov’t code, all offenses punishable by not more than one year
imprisonment and P5,000 fine is now within the jurisdic/on of the Lupon.
• Excep/ons to the jurisdic/on of katarungang pambarangay
• Where one party is the government, or any subdivision or instrumentality thereof;
• Where one party is a public officer or employee, and the dispute relates to the
performance of his official func/ons;
• Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
thousand pesos (P5,000.00);
• Offenses where there is no private offended party;
• Where the dispute involves real proper/es located in different ci/es or municipali/es
unless the par/es thereto agree to submit their differences to amicable seZlement by an
appropriate lupon;
• Disputes involving par/es who actually reside in barangays of different ci/es or
municipali/es, except where such barangay units adjoin each other and the par/es
thereto agree to submit their differences to amicable seZlement by an appropriate
lupon;
• Such other classes of disputes which the President may determine in the interest of
Jus/ce or upon the recommenda/on of the Secretary of Jus/ce.
• The court in which non-criminal cases not falling within the authority of the lupon under
this Code are filed may at any /me before trial motu propio refer the case to the lupon
concerned for amicable seZlement.
• Venue
• Disputes between persons actually residing in the same barangay shall be brought for
amicable seZlement before the lupon of said barangay.
• Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the elec/on of the complaint.
• All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger por/on thereof is situated.
• Those arising at the workplace where the contending par/es are employed or at the
ins/tu/on where such par/es are enrolled for study, shall be brought in the barangay
where such workplace or ins/tu/on is located.
•
LUPONG TAGAPAMAYAPA
-It is a body of men created to seZle disputes within the barangay level. It is also
referred to as the LUPON.

Composi7on of the Lupon

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 The Lupon shall be composed of the Barangay Chairman as Chairman of the Lupon and
the Barangay Secretary as the Secretary of the Lupon, plus other members who shall be not less
than ten (10) but not more than twenty (20). It shall be cons/tuted every three (3) years.
• Func/ons of the Lupon
• Exercise administra/ve supervision over the concilia/on panels provided herein;
• Meet regularly once a month to provide a forum for exchange of ideas among its
members and the public on maZers relevant to the amicable seZlement of disputes, and
to enable various concilia/on panel members to share with one another their
observa/ons and experiences in effec/ng speedy resolu/on of disputes; and
• Exercise such other powers and perform such other du/es and func/ons as may be
prescribed by law or ordinance.
• Qualifica7on to become members of the Lupon
Any resident of the barangay of reputable character may be appointed as
member of the Lupon. Members of the Lupon shall be appointed by the Barangay Chairman
with the term of three (3) years.

• Basic func7on of the Lupon

Essen/ally, the Lupon must provide a forum for makers relevant to the
amicable seklement of disputes for the speedy resolu7on of disputes.

PANGKAT TAGAPAGKASUNDO
-It shall act as the concilia/on panel. It is also referred to as the PANGKAT.
-It shall be composed of three (3) members chosen from the members of the Lupon.
They shall choose from among the three of them the Pangkat Chairman and Pangkat Secretary.
- The Pangkat shall be consCtuted whenever a dispute is brought before the Lupon.
• Should the par/es fail to agree on the pangkat membership, the same shall be
determined by lots drawn by the lupon chairman
• 3 members cons/tu/ng the pangkat shall elect from among themselves the chairman
and the secretary. The secretary shall prepare the minutes of the pangkat proceedings
and submit a copy duly aZested to by the chairman to the lupon secretary and to the
proper city or municipal court. He shall issue and cause to be served no/ces to the
par/es concerned.

PROCEDURE FOR AMICABLE SETTLEMENT

1. Who may ini7ate proceedings?
Any individual who has a cause of acCon against another individual involving any maZer
within the authority of the Lupon may complain, orally or in wri/ng, to the Lupon.
CAUSE OF ACTION – an act or omission of one party in viola/on of the legal rights of another
for which the laZer suffers damage which affords a party to a right to judicial interven/on.
2. Upon receipt of the complaint the Chairman shall meet with the respondent and
complainant and mediate. If he FAILS in his media/on within fijeen (15) days, he shall set a
date for the consCtuCon of the Pangkat.

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 • Alterna7ve Dispute Resolu7on which are commonly used in Katarungang
Pambarangay:
• Media7on – voluntary process in which a mediator, selected by the dispu/ng par/es,
facilitates communica/on and nego/a/on, and assists the par/es in reaching a voluntary
agreement regarding a dispute.

• Concilia7on – process in which an impar/al person acts as an intermediary to open

communica/on between par/es to resolve their dispute.

• Arbitra7on – voluntary dispute resolu/on process in which one or more arbitrators,

appointed in accordance with the agreement of the par/es, or rules promulgated
pursuant to law, resolve a dispute by rendering an award.

3. The Pangkat shall meet not later than three (3) days ajer their cons/tu/on, on the date set
by the Chairman, to hear both par/es.
4. The Pangkat shall arrive at a se]lement of the dispute within fiHeen (15) days from its
mee/ng. This period may be extended for another fiHeen (15) days, at the discre/on of the
Pangkat.

What happens if both par/es agreed?

What if not?

Effect of the amicable seklement:

• The amicable seZlement shall have the force and effect of a final judgment of a court
upon the expira/on of ten (10) days from the date of seZlement.
•
Purpose of amicable seklement:
“Because it is a pre-condi7on to filing of complaint in court”
• “No complaint involving any maZer within the authority of the Lupon shall be filed
directly in court unless there has been a confronta/on between the par/es before the
Chairman or the Pangkat, and that no concilia/on or seZlement has been reached as
cer/fied by the Secretary, or unless the seZlement has been repudiated by the par/es.”

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