CRIMINAL JUSTICE SYSTEM

INTRODUCTION: CRIMINAL JUSTICE SYSTEM (CJS) is the system or process in the community by
which crimes are investigated, and the persons suspected thereof are taken into custody, prosecuted
in court and punished if found guilty, with provision being made for their correction and rehabilitation.
Institutional Framework: The responsibility for the CJS is primarily with the national government.
The Philippine CJS comprises of five (5) pillars, namely Law Enforcement, Prosecution, Courts,
Corrections and the Community.
1. Law Enforcement
• Mission. Prevention and control of crimes, detention/arrest of suspects, investigation and
filing of case, and assisting in prosecution.
• Composition. Composed of five (5) major law enforcement agencies, such as the
Philippine National Police (PNP), National Bureau of Investigation (NBI), Philippine Drug
Enforcement Agency (PDEA), Bureau of Immigration and Deportation (BID), and Bureau of
Customs (BOC).

2. Prosecution
• Mission. Conduct preliminary investigation of cases filed in the prosecutor’s office and
prosecutes cases filed in the court against alleged offenders after probable cause is
established.
• Composition. Comprises primarily of two national government agencies, the National
Prosecution Service (NPS), an organic unit of the Department of Justice and the Office of
the Ombudsman.

3. Courts
• Mission. Adjudication of justice and rendering judgment.
• Composition. The Philippine Judiciary is a fourtiered court system consisting of the
Supreme Court as the highest court of the land; the intermediate courts consisting of the
Court of Appeals, Sandiganbayan, and Court of Tax Appeals; the second level courts which
consist of Regional Trials Courts; and the first level courts comprising of the Metropolitan
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts.

4. Corrections
• Mission. Correction, inmates welfare and development, rehabilitation, jail/prison
management, and reintegration.
• Composition. Composed of two major and equally significant components (i) the
institution-based, and (ii) the community based corrections. The institution-based
corrections comprise of prisons and jails administered by the Bureau of Corrections of the
 DOJ, the Bureau of Jail Management and Penology of the DILG, and by the local
government units with regard to provincial and sub-provincial jails. Community-based
corrections pertain to probation and parole. The Bureau of Pardons and Parole is
authorized by law to grant parole to qualified prisoners. While the Parole and Probation
Administration (PPA) of the DOJ administers the probation and parole systems in the
Philippines.

5. Community
• Mission. Work with communities and organized groups in fighting criminality, collectively
impose limitations on citizens’ behavior to deter criminality/criminal behavior, and serve as
society at large where a person convicted of a crime goes back to after serving his/her
sentence.
• Composition. Non-Government Organizations (NGOs), Civil Society Organizations
(CSOs), Commission on Human Rights (CHR), Department of Social Welfare &
Development (DSWD), Public Attorney’s Office (PAO), Schools/Universities,
Church/Religious Groups.

The CJS adopts prescribed and established criminal procedures, rules and regulations. The
processes involved in the investigation and prosecution of criminal cases comprise the following:
Police Investigation. Done motu propio or upon filing of complaint in the police station.
• Investigation is undertaken through surveillance, interview of persons with knowledge of facts
directly or indirectly connected with the offense (including the suspects who consent to be
questioned), entrapment operations, search and seizure and arrest, interrogation of suspects in police
custody and gathering of physical evidence on the case.
• General rule: No person may be taken into custody except only by virtue of a warrant of
arrest issued by a competent court. Warrantless arrest by a peace officer or a private person
(citizen’s arrest) may only be allowed under the following circumstances: (i) in flagrante delicto; (ii) hot
pursuit arrest; and (iii) escaped prisoner.
• Alleged offenders subject to such arrest are detained in police lock-up jails for custodial
investigation. Persons under custodial investigation have the following Constitutional rights: (i) to be
informed of his right to remain silent and to have competent and independent counsel preferably of
his own choice; (ii) no torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him; and (iii any confession or admission obtained in violation of the
foregoing shall be inadmissible in evidence against him.
Preliminary Investigation. An inquiry or proceeding to determine whether there is sufficient ground
to engender a well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.
• Except in cases of lawful arrest without warrant, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty prescribed
by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
 • Inquest is an informal and summary investigation 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 persons should remain under
custody and correspondingly be charged in court.
• The inquest proceedings must be terminated within the period prescribed under the
provisions of Article 125 of the Revised Penal Code, as amended. The periods prescribed are:
(1) 12 hours, for crimes or offenses punishable by light penalties, or their equivalent; (2) 18
hours, for crimes or offenses punishable by correctional penalties, or their equivalent; and (3)
36 hours, for crimes or offenses punishable by afflictive or capital penalties, or their equivalent.
Issuance of the Prosecutor’s Resolution. The prosecutor has to establish the standard of
"probable cause", meaning that based on the allegations of the complainant and the respondent,
there is reasonable ground to believe that a crime has been committed, and that the accused is
probably guilty thereof. The finding of probable cause is contained in a document called a
"resolution".
Filing of the Information in Court. If the reviewing official (the city or provincial prosecutor)
approves of the resolution, then the proper information is filed in the proper court. The "information" is
a formal accusation or charge against a person who is believed to have committed the crime.
• If the imposable penalty is below 6 years, then the case is filed with the Municipal Trial Court.
If the imposable penalty is more than 6 years, then the case is filed with the Regional Trial
Court. Arrest of the Accused and Posting of Bail. Probable cause for the issuance of a warrant
of arrest is the existence of such facts and circumstances that would lead a reasonably
discreet and prudent person to believe that an offense has been committed by the person
sought to be arrested.
• The judge determines whether a warrant of arrest should be issued against the accused.
• Before issuing a warrant of arrest, the judge must satisfy himself that based on the evidence
submitted, there is sufficient proof that a crime has been committed and that the person to be
arrested is probably guilty thereof.
• Bail is the security given for the release of a person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before any court. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance.
• Bail cannot be posted before custody of the accused has been acquired by the judicial
authorities by his arrest or voluntary surrender.
• All persons, except those charged with offenses punishable by reclusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be
released on recognizance as may be provided by law (Section 13, Article III, 1987
Constitution).
Arraignment (Plea of Guilty or Not Guilty to the Offense Charged). Arraignment is the actual
reading of the charges against the accused.
• Part of the right of the accused to be informed of the charges against him.
• The complaint or information must be read in a language known to him if the arraignment is
to serve its purpose.
 • After the charge is read, the accused is asked how he pleads. His plea must be made
personally.
• Arraignment and plea is one stage of the criminal proceedings where the presence of the
accused is not only a duty but is indispensable.
Pre-Trial. Pre-trial in criminal cases has now been made mandatory.
• Accused is merely required to sign the written agreement arrived at in the pre-trial
conference, if he is in conformity therewith.
• Unless otherwise required by the court, his personal presence at the conference is not
indispensable.
Trial. Violation of Section 1, Rule 119 on preparation for trial or the total absence of notice of trial, is
a denial of due process and a new trial may be granted.
• The present rule enjoins continuous trial.
• Non-appearance of the prosecution at the trial, despite due notice, justifies a provisional
dismissal or an absolute dismissal, depending on the circumstances.
Sentencing or Judgment. In the case of a capital offense, (i.e., the possible sentence could be
death or life imprisonment), the complaint has to be resolved within 90 days from the time that the
case is assigned to the prosecutor. In all other cases, whether they are cognizable by the Regional
Trial Court or the Municipal Trial Court, these cases must be resolved within 60 days from
assignment.
• The Speedy Trial Act also provides certain time standards within which the case should be
decided, as follows: (1) from the time of the filing of the information to arraignment - 30 days;
(2) from the time of arraignment to the first trial day - 30 days; (3) from the first trial day to the
termination of trial - 180 days; and (4) from the termination of the trial to the issuance of the
decision - 90 days.
• Ideally, a criminal case pending with the lower courts should take no more than eleven (11)
months to finish, from the time the charge is filed, to the time that the decision is promulgated.

LAW ENFORCEMENT PILLAR

Law Enforcement Agencies - Law Enforcement Agencies Defined. Law enforcement agencies are
organizations and offices of the government that enforces the laws or assists in the enforcement of
the laws as mandated by the law creating them. Importance. The law enforcement serves as the
front line of the encounter with the criminals or those who threaten the social order. They are the arm
of the government charged with the enforcement of the law. They play a vital role in enforcing the
laws.
Major Law Enforcement Agencies.
1. Philippine National Police - In Philippine setting, law enforcement has been concentrated in
the hands of the Philippine National Police (PNP).
 • The powers and functions of the PNP may be classified into three (3) categories, (i) statutory
powers or those specifically mandated by law creating the PNP, (ii) regulatory power, and (iii)
such other duties and exercise all other functions as may be provided by law.
• Under RA 6975,the PNP shall be national in scope and civilian in character.
• This agency is directly tasked with the enforcement of laws, prevention and control of crimes,
maintenance of peace and order and ensures public safety and internal security.
2. National Bureau of Investigation (NBI). An investigative agency which is under the
supervision and control of the Department of Justice.
• The premier investigative service and research agency of the government.

• Handles sensational cases which area of great interest to the nation.

• Often called as “law enforcement of last resort” because, as a matter of practice, procedure
and mandate, the agency normally forwards complaints filed by any aggrieved party in their
office to the PNP and only takes over cases when it is very sensational or heinous or the case
or cases is of great interest to the nation.

• It may, at its own discretion, conduct parallel investigation and may play only a supporting
role to the PNP.

• NBI’s main objective is the establishment and maintenance of a modern, effective and
efficient investigative service and research agency for the purpose of implementing fully
principal functions provided under Republic Act No. 157, as amended.

3. Philippine Drug Enforcement Agency (PDEA). Created under the mandate of Republic Act
No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002.
• It is the premier agency of the government which is tasked to fight and curb illegal drugs in
the country.
4. Bureau of Immigration and Deportation (BID). Mandated by Philippine Immigration Act of
1940, as amended, to control and regulate the entry and stay of aliens to the country.
• It also serves as the country’s gateway to the international community as well as the buffer
point in controlling the entry of unscrupulous aliens in the country.
5. Bureau of Customs (BOC). Under the auspices of the Department of Finance (DOF), is
mandated to implement an effective revenue collection, prevent and suppress smuggling and
entry of prohibited imported goods, supervise and control over the entrance and clearance of
vessels and aircrafts engaged in foreign commerce and all other laws, rules and regulations
related to tariff and customs administration.
Law Enforcement and the Rules of Law
RULE ON ARREST
1. Arrest Defined and How Made. Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.
• Arrest is made (a) by an actual restraint of a person to be arrested, or (b) by his submission
to the custody of the person making the arrest.
 • Arrest is important to acquire jurisdiction over the person of the accused.
2. Persons Immune from Arrest. The following are immune from arrest: (i) diplomatic agent,
i.e., the head or a member of the diplomatic staff of the mission, members of his family forming
part of his household, members of the administrative and technical staff of the mission,
together with members of their families, and members of the service staff (Articles 1[e], 31 and
37, Vienna Convention on Diplomatic Relations); (ii) ambassador or public minister of any
foreign State, or any domestic or domestic servant of any such ambassador or minister
(Section 4, RA 75). (iii) senator or member of the House of Representatives in all offenses
punishable by not more than six (6) years imprisonment while Congress is in session (Section
11, Article VI, 1987 Constitution).
3. Execution of the Warrant of Arrest.
• It shall be the duty of the officer executing the warrant to arrest the accused and deliver him
to the nearest police station or jail without unnecessary delay (Section 3, Rule 113).
• Warrant of arrest remains valid until arrest is effected or the warrant is lifted. The warrant of
arrest itself has no lifespan, as before, and thus continues until it is served or lifted.
• The 10-day period is merely a time limit on the arresting officer intended to prevent him from
delaying or sleeping on the warrant.
• In 10 days, he must make a return, although the warrant itself remains in force and effect.

4. Warrantless Arrest. A peace officer or a private person may, without a warrant, arrest a
person: (i) in flagrante delicto arrest; (ii) hot pursuit arrest; (iii) arrest of escaped prisoner; (iv)
rearrest of escaped person; (v) arrest by bondsmen; (vi) re-arrest of accused released on bail;
or (vii) arrest of conditional pardon violator.

5. Method of Arrest
• Time of Making Arrest. Arrests may be made on any day and at any time of the day or night
(113.6).
• Territorial Effectivity of a Warrant of Arrest. Warrants of arrest issued by 1st level courts
can be served anywhere in the Philippines without a certification by a judge of the Regional
Trial Court (SC Circular No. 14, October 22, 1985).
• Arrest with a Warrant
i. Method of Arrest with a Warrant. Officer need not possess the warrant at the
time of the arrest but after the arrest, if the arrested person requires, the warrant
shall be shown to him. He informs the person to be arrested of (a) the cause of
the arrest and (b) the fact that a warrant has been issued for his arrest, except:
(1) when he flees or forcibly resists before the officer has opportunity to so inform
him, or (2) when the giving of such information will imperil the arrest. (113.7)

ii. Duty of Arresting Officer with Warrant. Duty of the officer executing the
warrant to arrest the accused and deliver him to the nearest police station or jail
without unnecessary delay.
• Arrest without a Warrant
i. Method of Arrest without a Warrant. Officer informs the person to be arrested
of (a) his authority and (b) the cause of the arrest, unless: (1) the person to be
arrested is either engaged in the commission of an offense, or is pursued
immediately after its commission, (2) he has escaped, flees, or forcibly resists
 before the officer has opportunity to so inform him, or (3) when the giving of such
information will imperil the arrest. (113.8)

ii. Duty of Person Making an Arrest without a Warrant. Person making an arrest
on legal grounds shall, without unnecessary delay and within the time prescribed
under Article 125 of the Revised Penal Code, take the person arrested to the
proper court or judge for appropriate action.

• Method of Arrest by Private Person. A private person, when making an arrest, shall inform
the person to be arrested of (a) the intention to arrest him and (b) the cause of the arrest,
unless: (1) the person to be arrested is either engaged in the commission of an offense, or is
pursued immediately after its commission, or (2) he has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so inform him, or (3) when the giving of
such information will imperil the arrest. (113.9)
• Summoning Assistance. Only a peace officer can summon the assistance of private persons.
A private person cannot. But a peace officer cannot compel a private person to aid him. The
duty of the private person so summoned is only a moral duty. • Breaking into and out of the
Building or Enclosure. An arrest warrant does not by itself permit breaking into a building or
enclosure. An arrest warrant founded on probable cause implicitly carries with it the limited
authority to enter a dwelling in which the suspect lives, when there is reason to believe the
suspect is within. A break into any building or enclosure is authorized only if the person to be
arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has
announced his authority and purpose. Only an officer effecting arrest can break into a building
and break out therefrom. Such right is not extended to a private person even if the purpose of
the latter is to make an arrest. Private individual is exempt from criminal liability for trespass to
dwelling whenever he has done so “for the purpose of rendering some service to humanity or
justice” (Art. 280, 3rd par., Revised Penal Code).
6. Illegal Arrests.
• Waiver of Illegal Arrest. Any irregularity attendant to an arrest is cured when accused
voluntarily submitted himself to the jurisdiction of the Court by entering a plea of not guilty and
by participating in the trial.

• Posting of Bail Not a Waiver. An application for or admission to bail does not preclude the
accused from challenging the validity of his arrest or the legality of the warrant issued, or from
questioning the regularity or absence of a preliminary investigation of the charge against him,
provided that he raises them before entering his plea or within such period as the Court may
allow.

• Unlawfulness Does Not Affect Jurisdiction. The unlawfulness of an arrest does not affect
the jurisdiction or power of the trial court to proceed in a criminal case. The illegal arrest of an
accused is not sufficient cause for setting aside a valid judgment rendered upon a sufficient
complaint after trial free from error.

• Remedy for Unlawful Arrests. The remedy for unlawful arrest is habeas corpus. But the
illegality of the warrantless arrest cannot render all the proceedings, including appellant’s
conviction void.
RULE ON CUSTODIAL INVESTIGATION
1. Custodial Investigation Defined. Questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any significant way.
2. Miranda Rights. Rights available to a person in “custodial investigation,” namely: (i) right to remain
silent; (ii) to be told that anything he says can and will be used against him in court; (iii) right to
consult with and have a lawyer; (iv) If he is indigent, a lawyer will be appointed to represent him; (v)
Even if the person consents to answer questions without the assistance of counsel, the moment he
asks for a lawyer at any point in the investigation, the interrogation must cease until an attorney is
present; and (vi) If the foregoing warning are not demonstrated, no evidence obtained as a result of
the interrogation can be used against him.
3. Right of a Person under Investigation. There are three (3) rights under Article III, Section 12 of
the Constitution, to wit: (i) right to remain silent; (ii) right to have counsel; and (iii) right to be informed
of these two rights.
4. When Rights can be Invoked. Rights are available the moment an arrest or detention, with or
without a warrant, is made.
5. When Section 12 (1) Rights End. Section 12 (1) does not apply to persons under preliminary
investigation or already charged in court for a crime and therefore already under the protection of the
court.
6. Waiver of Rights. The right of silence and to counsel cannot be waived except (i) in writing and
(ii) in the presence of counsel.
7.Republic Act No. 7438 on Custodial Investigation
• Statement of Policy. Public officer, who is vested with authority to detain, has the following
obligations in making a warrantless arrest: (1) arrest the suspect in accordance with Rule 113,
Sec. 5 of the Rules on Criminal Procedure; arrest without legal grounds is arbitrary detention
under Article 124 of the Revised Penal Code; (2) not use unnecessary force in making a
warrantless arrest; he is liable for wounds sustained by person being arrested as a
consequence of the use of unnecessary force; (3) immediately after the arrest, inform the
arrestee of his right to remain silent and to have a counsel of his own choice, failure to do so is
a violation of RA No. 7438; (4) deliver arrestee to judicial authority within the period in Article
125 of the Revised Penal Code (or RA No. 7438). Failure to do so is arbitrary detention under
Article 125 (or RA No. 7438); (5) not deprive the arrestee of his right to have a counsel of his
own choice. Deprivation of such right is a violation of RA No. 7438; and (6) if the arrestee
is a suspect of the crime of terrorism or conspiracy to commit terrorism, the apprehending
officers has the obligation to notify a judge regarding such arrest.

• Nature and Elements. ‘Custodial investigation’ shall include the practice of issuing an
invitation to a person who is investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the ‘inviting’ officer for any violation of law.
Application of actual force, manual touching of the body, physical restraint or a formal
declaration of arrest is not required.
 • Mandatory Duty of the Arresting Officer. Under RA 7438, it is mandatory for any officer to
inform the person arrested of his right to avail of the services of an independent and competent
counsel.

• Rights of Persons under Custodial Investigation. RA No. 7438 is an implement of Article

III, Section 12 of the Constitution.

• Punishable Acts. What is punishable under first paragraph of Section 4(a) RA 7438 is the
failure to inform arrestee of his right to remain silent and to have a counsel. What is
punishable under the second paragraph of Section 4 (a) thereof is failure to provide counsel if
the person arrested cannot afford the services of a lawyer.

• Counsel. Disallowing a person detained to communicate with his counsel is punishable

under RA No. 7438.
If the arrestee cannot afford the services of a lawyer, the arresting officer and the police
investigator must provide a counsel to him. Failure to provide a counsel is a violation of
second paragraph of Section 4(a) of RA No. 7438.
If the arrestee can afford the services of a lawyer, arresting officer, police investigator of
any other person must not prevent his counsel from communicating with him. Such prevention
constitutes the crime of violation of Section 4(b) of RA No. 7438. Offended Party. Offended
party in the crime under RA No. 7438 is a person arrested, detained or under custodial
investigation.
RULE ON SEARCH AND SEIZURE
1. Search Defined. An examination of an individual’s person, house, papers or effects, or other
buildings and premises to discover contraband or some evidence of guilt to be used in the
prosecution of a criminal action.
2. Search Warrant Defined. 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 personal property
described therein and bring it before the court (Section 1, Rule 126).
3. Constitutional Basis. Section 2, Article III of the 1987 Constitution is the safeguard against
wanton and unreasonable invasion of the privacy and liberty of a citizen as to his person.
4. Requisites of a Valid Search Warrant. They are: (i) issued upon probable cause; (ii) personal
determination of probable cause by the judge himself; (iii) determination of the existence of probable
cause must be made after examination by the judge of the complainant and the witnesses he may
produce; and (iv) warrant must particularly describe the place to be searched, and the persons or
things to be seized.
5. Where to File an Application. There must be a nexus between the court either: (i) with the place
where the crime was committed; (ii) judicial region where the warrant shall be enforced; or (iii)
criminal action had already been filed in court, the application shall only be made in that court.
6. Range of Enforceability. The range of enforceability of a search warrant may be anywhere in the
Philippines for as long as it is the place described in the search warrant.
7. Who May Issue. Only a judge may issue warrants of search and arrest, except in
cases of deportation of illegal and undesirable aliens whom the President or the Commissioner of
Immigration may order arrested.
8. Personal Property to be Seized. A search warrant may be issued for the search and seizure of
personal property: (i) subject of the offense; (ii) stolen or embezzled and other proceeds, or fruits of
the offense; or (iii) used or intended to be used as the means of committing an offense (Section 3,
Rule 126).
9. Probable Cause Required for Search Warrant. Probable cause for a search is defined as such
facts and circumstances which could lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection with the offense are in the
place sought to be searched.
10. Articles Not Mentioned in Search Warrant May Not be Seized. Articles not included in the
search warrant may not be seized, except (i) articles prohibited by a statute or (ii) contraband or items
declared as illegal per se.
11. Execution and Enforcement
• Right to Break Open Door/Window. The officer, if refused admittance to the place of
directed search after giving notice of his purpose and authority, may break open any outer or
inner door or window of a house.
• Search Made in the Presence of Witnesses. No search of house, room, or any other
premise shall be made except in the presence of (i) the lawful occupant; (ii) any member of his
family; or (iii) two (2) witnesses of sufficient age and discretion residing in the same locality.
• Time of Making Search. Search warrants must be served during the daytime, except for
search at any reasonable hour of the day or night.
12. Validity of Search Warrant. A search warrant shall be valid for ten (10) days from its date.
Thereafter, it shall be void (Section 10, Rule 126).
13. Challenge on Unreasonableness of Search and Seizure
• Proper Party to Invoke Right. Legality of a search and seizure can be contested only by
the party whose personal rights were involved.
• Right Subject to Waiver. Immunity from unwarranted intrusion is a personal right which
may be waived, either expressly or impliedly.
14. Lawful Warrantless Searches and Seizures.(i) search incidental to a lawful arrest; (ii) search of
motor vehicles (automobile exception); (iii) warrantless search and seizure under special laws; (iv)
consented search; (v) plain view search; (vi) stop and frisk; and (vii) searches based on exigent/
extraordinary circumstances.

EXCLUSIONARY RULE
1. Exclusionary Rule. Principle of excluding evidence obtained in violation of the constitutional
rights of a person.
2. Purposes of Exclusionary Rule. The two-fold purpose of the exclusionary rule are: (i) deterrence
(deters unconstitutional action); and (ii) protects judicial integrity.
3. Situations covered by Exclusionary Rule. These are: (i) violation of the search and seizure
clause; (ii) violation of the right to the privacy and confidentiality of private communications; (iii)
violation of the rights of the accused during investigation by the police; and (iv) violation of the right
against self-incrimination.
4. Two Exclusionary Rules. The 1987 Constitution provides for two (2) exclusionary rules: (i) total
exclusionary rule in Section 3; and (ii) confession or admission and violation of right against
selfincrimination in Section 12.
5. Fruit of the Poisonous Tree. All evidence (the fruit) derived from an illegal search (the poisonous
tree) must be suppressed, whether it was obtained directly through the illegal search itself, or
indirectly using information obtained in the illegal search.

PROSECUTION PILLAR
An agency of the government which is charged with the indictment of a person alleged to have
violated the penal laws.
Overview of the NPS
1. Creation and Functions. The National Prosecution Service (NPS) was created by virtue of
Presidential Decree No. 1275 dated April 11, 1978.
• On April 8, 2010, Republic Act No. 10071, otherwise known as Prosecution Service Act of
2010 was passed by Congress.
• It is one of the offices of the Department of Justice (DOJ) which is primarily responsible for
the investigation and prosecution of all cases involving violations of penal laws. Thus, the
prosecution of offenders is the mandate of the National Prosecution Service (NPS).

2. Composition. The National Prosecution Service, which is under the direct supervision and
control of the Secretary of Justice, is composed of the Prosecution Staff in the Office of the
Secretary of Justice and such number of Regional Prosecution Offices, and Provincial and City
Prosecutor’s Offices.

(i) The Prosecution Staff. Headed by a Prosecution General. The Prosecution Staff is
composed of (i) 5 Senior Deputy State Prosecutors; (ii) 5 Deputy State Prosecutors; (iii)
35 Senior Assistant State Prosecutors; (iv) 80 Assistant State Prosecutors; and (v) 20
Prosecution Attorneys.

• The Prosecution Staff, which shall be under the control and supervision of the
Secretary of Justice, shall have the following functions: (i) assist the Secretary of Justice
in the exercise of his/her appellate jurisdiction; (ii) conduct the preliminary investigation
and prosecution of criminal cases involving national security, those for which task forces
have been created, and criminal cases whose venues are transferred to avoid
miscarriage of justice, all when so directed by the Secretary of Justice as public interest
may require; (iii) act as counsel for the People of the Philippines in any case involving or
arising from a criminal complaint investigated by any of its prosecutors and pending
before any trial court; (iv) investigate administrative charges against prosecutors, other
prosecution officers and members of their support staff; (v) prepare legal opinions on
queries involving violations of the Revised Penal Code and special penal laws; and (vi)
 monitor all criminal cases filed with the Office of the Prosecutor General; maintain an
updated record of the status of each case, and adopt such systems and procedures as
will expedite the monitoring and disposition of cases.

(ii) The Regional Prosecution Office. Headed by a Regional Prosecutor. The Regional
Prosecution Office is composed of (i) 1 Deputy Regional Prosecutor; (ii) 1 Senior
Assistant Regional Prosecutor; (iii) 3 Assistant Regional Prosecutors; and (iv) 1
Prosecution Attorney.

• The Regional Prosecutor shall, under the control and supervision of the Secretary of
Justice, have the following powers and functions: (i) 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/her region; (ii) exercise
immediate administrative supervision over all provincial and city prosecutors and other
prosecuting officers for provinces and cities comprised within his/her region.; (iii)
prosecute any case arising within the region; (iv) when so delegated by the Secretary of
Justice, resolve with finality appeals from or petitions for review of judgments and orders
of provincial and city prosecutors and their assistants within the region in cases
where the offenses charged are cognizable by the municipal trial court; (v)
designate a prosecutor from any office of the provincial or city prosecutor within the
region as Acting Provincial or City Prosecutor to investigate and prosecute a case in
instances where parties question the partiality or bias of a particular city or provincial
prosecutor or where the city or provincial prosecutor voluntarily inhibits himself/herself;
and (vi) perform administrative functions with respect to his/her regional office and the
offices of the provincial and city prosecutors within his region.

(iii) The Provincial and City Prosecution Office. Headed by a Provincial/City Prosecutor.
The Provincial and City Prosecution Office is composed of (i) 1 Deputy Provincial/City
Prosecutor; and (ii) such number of deputies, assistant and associate prosecutors.

• The provincial prosecutor or the city prosecutor shall: (i) be the law officer of the
province or city; (ii) investigate and/or cause to be investigated all charges of crimes,
misdemeanors and violations of penal laws and ordinances within their respective
jurisdictions, and have the necessary information or complaint prepared or made and
filed against the persons accused; and (iii) have charge of the prosecution of all crimes,
misdemeanors and violations of city or municipal ordinances in the courts at the
province or city and therein discharge all the duties incident to the institution of criminal
actions, subject to the provisions of the second paragraph of Section 5 hereof.

(iv) Special Counsels. Positions of Special Counsels may be created by any province or city,
subject to the approval of the Secretary of Justice, whenever the exigencies of the service
require to assist provincial and city fiscals (prosecutors) in the discharge of their duties. The
Secretary of Justice shall appoint said Special Counsels, upon recommendation of the
provincial or city fiscal and regional state prosecutors concerned, either on permanent or
temporary basis.
Prosecution of Offenses: Rules and Principles
1. Parties in a Criminal Action
(i) Offended Parties to a Crime. When a person commits a crime, he offends two entities: (i)
the SOCIETY in which he lives in or the POLITICAL ENTITY called the STATE whose law he
had violated; and (ii) the INDIVIDUAL member of that society whose person, right, honor,
chastity or property was actually or directly injured or damaged by the same punishable act or
omission.
(ii) Duty of Prosecutor. The duty of a prosecutor during preliminary investigation is (i) to find
evidence to warrant continuation of the criminal process against an accused, and (ii) to protect
the innocent from hasty, expensive and useless trials.
2. Inquest. An informal and summary investigation conducted by a public prosecutor in a criminal
case involving persons arrested and detained without the benefit of a warrant of arrest for the
purpose of determining whether or not said persons should remain under custody and
correspondingly be charged in court (Sec. 1, DOJ Circular No. 61 dated September 21, 1993).
3. Prosecution of Offenses Institution of Criminal Action. The complaint or information shall be in
writing, in the name of the People of the Philippines and against all persons who appear to be
responsible for the offense involved (Section 2, Rule 110 of the Revised Rules of Criminal Procedure,
as amended).
• Complaint. A sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the
law violated (Section 3, Rule 110 of the RRCP).
• Information. An accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court (Section 4, Rule 110 of the RRCP).
4.Procedure for Institution of Criminal Actions
• For offenses where a preliminary investigation: By filing the complaint with the proper officer
for the purpose of conducting the requisite preliminary investigation. Preliminary investigation
is required to be conducted before the filing of a compliant or information for an offense where
the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine.

• For all other offenses: by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor.

Who Must Prosecute Criminal Actions. All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and control of the prosecutor.
• In Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned
thereto or to the case is not available, the offended party, any peace officer, or public officer
charged with the enforcement of the law violated may prosecute the case. This authority shall
cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional
Trial Court.
5. Prosecutor’s Discretion in Prosecuting a Criminal Action. Prosecutor has the discretion on
what case to file against a particular respondent. He has the discretion whom to prosecute. The
court cannot compel the prosecuting attorney to prosecute or file a criminal information within a
certain period of time, otherwise, it constitutes a violation of separation of powers embodied and
enshrined by the Constitution.
6. Preliminary Investigation. An inquiry or proceeding to determine whether there is sufficient
ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial When and When Not Required. A preliminary
investigation is required to be conducted before the filing of a complaint or information for an offense
where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without
regard to the fine.
• A preliminary investigation is not required (i) where the penalty is below 4 years, 2 months,
and 1 day; or (ii) when a person is lawfully arrested in flagrante delicto unless he waives his
right under Article 125 of the Revised Penal Code. Nature and Purpose of Preliminary
Investigation. The objectives of a preliminary investigation are (i) to free respondent from the
inconvenience, expense, ignominy and stress of defending himself/herself in the course of a
formal trial, and (ii) to protect the state from the burden of the unnecessary expense and in
holding trials arising from false, frivolous or groundless charges.
• Right to preliminary investigation is a personal right, which may be waived expressly or
impliedly as by failure to demand such right or by nonappearance at the investigation.
• Absence of a preliminary investigation does not affect the jurisdiction of the court or invalidate
the information if no objection was raised by the accused.
• Objection to the lack of preliminary investigation must be made before entry of the plea and
the court, instead of dismissing the information, must remand the case for preliminary
investigation.
Preliminary Investigation is Not a Part of the Trial. The dismissal of the charges during preliminary
investigation is not equivalent to a judicial pronouncement of acquittal. As preliminary investigation is
not a part of the trial, the dismissal of the case by the investigator will not constitute double jeopardy
and will not bar the filing of another complaint for the same offense, but if re-filed, the accused is
entitled to another preliminary investigation.
Officers Authorized to Conduct Preliminary Investigation. Under the Rules of Court, the
following may conduct preliminary investigation: (i) Provincial or City Prosecutors and their Assistants;
(ii) National and Regional State Prosecutors, and; (iii) Such other Officers as may be authorized by
law (Section 2, Rule 112 of the RRCP).
Procedure in Preliminary Investigation. The procedures are: (I within ten (10) days after the filing
of the complaint, the investigating officer shall either (a) dismiss it if he finds no ground to continue
with the investigation, or (b) issue a subpoena to the respondent attaching to it a copy of the
complaint and its supporting affidavits and documents; (ii) within ten (10) days from receipt of the
subpoena with the complaint and supporting affidavits and documents, the respondent shall submit
his counter affidavit and that of his witnesses and other supporting documents relied upon for his
defense; (iii) if the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the investigating office shall resolve the complaint based on
the evidence presented by the complainant; (iv) the investigating officer may set a hearing if there are
facts and issues to be clarified from a party or a witness; (v) the hearing shall be held within ten (10)
days from submission of the counter-affidavits and other documents or from the expiration of the
period for their submission; (vi) hearing shall be terminated within five (5) days; and (vii) within ten
(10) days after the investigation, the investigating officer shall determine whether or not there is
sufficient ground to hold the respondent for trial.
Executive Determination of Probable Cause. The determination of probable cause during a
preliminary investigation is a function that belongs to the public prosecutor. It is an executive
function, the correctness of the exercise of which is a matter that the trial court itself does not and
may not be compelled to pass upon.
7. Role of the Prosecution and the Defense Counsel Role of Public Prosecutor. The
prosecution of offenses is a public function. It is the bounden duty of the prosecutor is not only to
assure conviction of the guilty but also to see to it that the innocent be acquitted.
Role of Private Prosecutor. (i) As to the civil aspect of the case: a private prosecutor is a private
counsel hired by a party to prosecute the case against the erring person who violated and
transgressed his or her rights. (ii) As to the criminal aspect of the case: should the aggrieved party
choose to hire a private prosecutor to prosecute his cause, the latter may request in writing for the
issuance of the authority by the Regional State Prosecutor to prosecute the criminal action.
Role of the Ombudsman. Vested with the power to investigate complaints against a public officer
or officer on its own initiative, even without a formal complaint lodged before it. It can inquire into
acts of government agencies and public servants based on reports in the media and those which
come to his attention through sources other than a complaint.
Role of the Private Defense Counsel. The role of a defense counsel is to examine, investigate,
attack and defend as zealously as the prosecutor prosecutes. An accused may exercise his right
to counsel by electing to be represented either by a (i) court-appointed lawyer (counsel de oficio)
or (ii) one of his own choice (counsel de parte).
Public Attorney’s Office. Public attorney’s office is an attached agency of the Department of
Justice which provides free legal assistance to indigent litigants in criminal cases and non-
commercial civil disputes.

COURTS PILLAR
A body to which the public administration of justice is delegated. It is an entity or body upon which
judicial power is vested.
Philippine Court System
1. Judicial Power. Judicial power shall be vested not only in the Supreme Court but in such lower
courts as may be established by law. The Supreme Court is the only constitutional court, all the lower
courts being of statutory creation. Judicial power authorizes the courts of justice to (i) settle actual
controversies involving conflicting rights; or (ii) to review the discretion of the political departments of
the government.
2. Independence of the Judiciary. To maintain the independence of the judiciary, the following are
Constitutional safeguards: (1) the Supreme Court, being a constitutional body, cannot be abolished
nor may its membership or the manner of its meetings be changed by mere legislation; (2) members
of the Supreme Court may not be removed except by impeachment; (3) the Supreme Court may not
be deprived of its minimum original and appellate jurisdiction; (4) appellate jurisdiction of the Supreme
Court may not be increased by law without its advice and concurrence; (5) appointees to the judiciary
are nominated by the Judicial and Bar Council; (6) the Supreme Court now has administrative
supervision over all lower courts and their personnel; (7) the Supreme Court has exclusive power to
discipline judges of lower courts; (8) members of the Supreme Court and all lower courts have
security of tenure, which cannot be undermined by a law reorganizing the judiciary; (9) they shall not
be designated to any agency performing quasi-judicial or administrative functions; (10) salaries of
judges may not be reduced during their continuance in office; (11) judiciary shall enjoy fiscal
autonomy; (12) the Supreme Court alone may initiate rules of court; (13) only the Supreme Court may
order the temporary detail of judges; and (14) the Supreme Court can appoint all officials and
employees of the judiciary.
3. Hierarchy or Organization of Courts. The Philippine Judicial System consists of a hierarchy of
courts resembling a pyramid with the Supreme Court at the apex.
(i) Supreme Court Composition. The Supreme Court shall be composed of a Chief Justice
and fourteen (14) Associate Justices.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least forty (40) years of age; (3) must
have been a judge of a lower court or engaged in the practice of law in the Philippines for fifteen (15)
years of more; and (4) be a person of proven competence, integrity, probity and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no confirmation.
Exercise of Powers and Functions. Court exercises its judicial functions and its powers of
administrative supervision over all courts and their personnel through the Court En Banc and its three
(3) Divisions composed of five (5) justices (Chairman and Associate Justices.
Term and Tenure of Office. Holds office during good behavior until they reach the age of seventy
(70) years or become incapacitated to discharge the duties of their office.
(ii) Court of Appeals
Composition. The Court of Appeals shall consist of a Presiding Justice and sixty-eight (68)
Associate Justices.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least forty (40) years of age; (3) must
have been a judge of a court of record for at least ten (10) years or has been in active actual practice
of law before the civil courts for the same period; and (4) be a person of proven competence,
integrity, probity and independence .
Appointment. Appointed by the President from a list of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no confirmation. Appointments issued within 90
days from submission of list.
Exercise of Powers and Functions. Court of Appeals shall exercise its powers, functions, and
duties through twenty-three (23) divisions, each composed of three (3) members. The court may sit
En Banc for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions.
Term and Tenure of Office. Shall hold office during good behavior until they reach the age of
seventy (70) years or become incapacitated to discharge the duties of their office.
(iii) Sandiganbayan and Court of Tax Appeals
Composition. SANDIGANBAYAN: The Sandiganbayan is composed of a Presiding Justice and
twenty (20) Associate Justices (See RA 10660 dated April16, 2015). COURT OF TAX APPEALS
(CTA): Composed of a Presiding Justice and eight (8) Associate Justices
Qualifications. SANDIGANBAYAN: (1) Natural-born citizen of the Philippines; (2) at least forty (40)
years of age; and (3) a judge of a court of record or has held office requiring admission to the bar as a
prerequisite for at least ten (10) years. CTA: Same qualifications as those provided for under existing
laws for the Presiding Justice and Associate Justices of the Court of Appeals.
Appointment. SANDIGANBAYAN: Appointed by the President of the Philippines. CTA: Appointed
by the President upon nomination by the JBC
Exercise of Powers and Functions. SANDIGANBAYAN: The Sandiganbayan shall exercise is
adjudicatory powers, functions and duties through its seven (7) Divisions. It sits En Banc for the
exercise of its administrative, ceremonial and nonadjudicatory functions. CTA: The CTA may sit En
Banc of in three (3) Divisions, each Division consisting of three (3) Justices. Five (5) justices shall
constitute a quorum for sessions en banc and two (2) justices for sessions of a Division
Term and Tenure of Office. SANDIGANBAYAN: Shall not be removed from office except on
impeachment upon the grounds and in the manner provided for in the Constitution. CTA: Shall hold
office during good behavior until they reach the age of seventy (70), or become incapacitated to
discharge the duties of their office, unless sooner removed for the same causes in the same manner
provided by law for members of the judiciary of equivalent rank.
(iv) Regional Trial Court
Composition. There are hereby created thirteen (13) Regional Trial Courts, one for each of the
judicial regions (JR). 1stJR: 57; 2ndJR: 32; 3rdJR: 75; NCJR: 172; 4thJR: 82; 5thJR: 55; 6thJR: 63;
7thJR: 46; 8th JR: 33; 9th JR: 24; 10th JR: 32; 11th JR: 29; 12th JR: 20
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least thirty-five (35) years of age; (3)
engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite for at least ten (10) years; and (4) be a
person of proven competence, integrity, probity and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no confirmation. Appointments issued within 90 days
from submission of list.
Exercise of Powers and Functions. The Supreme Court shall define the territory over which a
branch of the Regional Trial Court shall exercise its authority. The territory thus defined shall be
deemed to be the territorial area of the branch concerned for purposes of determining the venue of all
suits, proceedings or actions, whether civil or criminal, as well as determining the MeTCs, MTCs,
MCTCs over the said branch may exercise appellate jurisdiction.
Term and Tenure of Office. Shall hold office during good behavior until they reach the age of
seventy (70) years or become incapacitated to discharge the duties of their office.
(v) Metropolitan/Municipal/Municipal Circuit Trial Courts
Composition. There shall be created a Metropolitan Trial Court (MeTC) in each metropolitan area
established by law, a Municipal Trial Court (MTC) in each of other cities or municipalities, and a
Municipal Circuit Trial Court (MCTC) in each circuit comprising such cities and/or municipalities as
are grouped together pursuant to law.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least thirty (30) years of age; (3)
engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring
admission to the practice of law as an indispensable requisite for at least five (5) years; and (4) be a
person of proven competence, integrity, probity and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees prepared by the
Judicial and Bar Council. Appointments need no confirmation. Appointments issued within 90 days
from submission of list.
Exercise of Powers and Functions. The Supreme Court shall constitute Metropolitan Trial Courts
(MeTCs) in such other metropolitan areas as may be established by law whose territorial jurisdiction
shall be co-extensive with the cities and municipalities comprising the metropolitan area. The
Supreme Court shall determine the city or municipality where the Municipal Circuit Trial Court
(MCTC) shall hold sessions.
Term and Tenure of Office. Shall hold office during good behavior until they reach the age of
seventy (70) years or become incapacitated to discharge the duties of their office.
(vi) Shari’a Court
Composition. Shari’a District Courts and Shari’a Circuit Courts are courts of limited jurisdiction which
shall exercise powers and functions in accordance with Title I, Book IV of PD 1083.
Qualifications. SHARI’A DISTRICT JUDGE: In addition to the qualifications for judges of the
Regional Trial Court, the Shari’a judge should be learned in Islamic law and jurisprudence. SHARI’A
CIRCUIT COURT: (1) Natural-born citizen of the Philippines; (2) at least 25 years of age; and (3) has
passed Shari’a and Islamic jurisprudence exam.
Appointment. Appointed by the President of the Philippines.
Exercise of Powers and Functions. The territorial jurisdiction of each of the Shari’a District Courts
and Shari'a Circuit Courts shall be fixed by the Supreme Court on the basis of geographical contiguity
of the municipalities and cities concerned and their Muslim population.
Term and Tenure of Office. Shall be appointed to serve during good behavior until they reach the
age of sixty-five (65), or become incapacitated to discharge the duties of their office, unless sooner
removed for the same causes and in the same manner as RTC/MTC judges.
4.Jurisdiction of Courts Jurisdiction Defined. Jurisdiction is the authority to hear and determine a
cause or the right to act in a case. It may be: (i) General: when it is empowered to decide all disputes
which may come before it, except those assigned to other courts; (ii) Limited: when it has authority to
hear and determine only a few specified cases; (iii) Original: when it can try and decide a case
presented for the first time; (iv) Appellate: when it can take a case already heard and decided by a
lower court removed from it by appeal; (v) Exclusive: when it can try and decide a case which cannot
be presented before any court; (vi) Concurrent: when any one of two or more courts may take
cognizance of a case; (vii) Criminal: that which exists for the punishment of crime; or (viii) Civil: that
which exists when the subject matter is not of a criminal offense.
Jurisdiction in Criminal Cases: Preliminary Considerations.
 • Criminal Jurisdiction Defined. Authority to hear and try a particular offense and impose the
punishment for it.
• Elements of Jurisdiction. The elements of jurisdiction are: (1) nature of the offense and/or
penalty attached thereto; and (2) commission of the offense within the territorial jurisdiction of
the court. Non-concurrence of the two (2) elements may be challenged by an accused at any
stage of the proceedings in the court below or on appeal. Failing in one of them, a judgment of
conviction is null and void.
• Requisites for its Valid Exercise. For a court to have exclusive or concurrent jurisdiction to
try the case, it is essential that it must have (1) jurisdiction over the offense, and
(2) jurisdiction over the person of the accused• JURISDICTION OVER THE OFFENSE is
conferred by law. The jurisdiction of a court to try a criminal action is determined by the law in
force at the time of the institution of the action.
• JURISDICTION OVER THE PERSON OF THE ACCUSED is acquired either by his arrest or
by his voluntary appearance in court.
• Determination of Jurisdiction. The jurisdiction of a court in criminal cases is determined by
the allegations of the complaint or information.
• Extent of Jurisdiction. Once jurisdiction has been acquired, the court retains it until the final
termination of the case.
5. Bail Defined. Bail is the security given for the release of a person in custody of the law, furnished
by him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified.
Forms of Bond. Bail may be given in the form of (1) corporate surety, (2) property bond, (3) cash
deposit, or (4) recognizance. (114.1) Conditions of Bail. The conditions of bail are: (1) the undertaking
shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case
until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it; (2) the accused shall appear before the proper court whenever
required by the court of these Rules; (3) the failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and (4) the bondsman shall surrender the accused to
the court for execution of the final judgment.
When Bail a Matter of Right and a Matter of Discretion. Bail is a MATTER OF RIGHT: for
noncapital offenses. Bail is a MATTER OF DISCRETION: (1) upon conviction by RTC of an offense
not punishable by death, reclusion perpetua or life imprisonment; or (2) for capital offenses, when
evidence of guilt is not strong.
Where to File the Application for Bail. Generally, the bail application is filed with the court where
the case is pending (court which issued the warrant of arrest) (a) if the case is pending before the
inferior court, either for preliminary investigation or for trial, then that court may admit the case for
bail; or (b) if the case is pending before the RTC for trial, the application shall be made in that RTC.
When Bail is Reduced or Not Required. When the person has been detained for the maximum
possible sentence: immediate release without bail. When the person has been detained for the
minimum period imposable by law on the offense: release on a reduced bail or on personal
recognizance.
Actions on the Bond. The actions on the bond are:
(i) Release on Bail. Accused must be discharged upon approval of the bail by the judge
with whom it was filed.
(ii) Release on Recognizance. A person in custody for a period equal to or more than the
minimum of the principal penalty prescribed for the offense charged, without application
of the Indeterminate Sentence Law or any modifying circumstance, shall be released on
a reduced bail or on his own recognizance, at the discretion of the court.
(iii) Increase or Reduction of Bail. After the accused is admitted to bail, the court may,
upon good cause, either increase or reduce its amount.
(iv) Forfeiture of Bail Bond. If the accused is not produced on the date of trial specified,
the court issues an “order of forfeiture and arrest of the accused”. Justifiable reasons for
the nonproduction or non-appearance of the accused are (1) an act of God (e.g. death),
(2) an act of the law (e.g. abolition of the court), or (3) an act of the obligee-government
(e.g. the accused was arrested for another offense).
(v) Cancellation of Bail Bond. Upon APPLICATION of the bondsmen, with due notice to
the prosecutor, the bail may be cancelled upon (a) surrender of the accused or (b) proof
of his death. The bail shall be deemed AUTOMATICALLY CANCELLED upon (c)
acquittal of the accused, (d) dismissal of the case, or (e) execution of the judgment of
conviction.
(vi) (After Final Judgment. No bail shall be allowed after a judgment of conviction has
become final. If before such finality, the accused applies for probation, he may be
allowed temporary liberty under his bail.
6.Arraignment and Plea Arraignment Defined. The actual reading of the charges against the
accused. This is part of the right of the accused to be informed of the charges against him. Thus, the
complaint (if inferior court) or information (RTC or inferior court) must be read in a language known to
him if the arraignment is to serve its purpose.
• After the charge is read, the accused is asked how he pleads. His plea must be made
personally.
• The accused must be present at the arraignment and must personally enter his plea. Both
arraignment and plea shall be made of record, but failure to do so shall not affect the validity of
the proceedings. (116.1b).
• When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be
entered for him. (1a)
• When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered for him. (n)
Plea of Guilty.
(i) Plea of Guilty to a Lesser Offense. At arraignment, the accused, with the consent of the
offended party and prosecutor, may be allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in the offense charged. After arraignment
but before trial, the accused may still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No amendment of the complaint or information is
necessary. (Sec. 4, Circ. 38-98) (116.2)
(ii) Plea of Guilty to a Capital Offense. When the accused pleads guilty to a capital offense,
the court shall conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of his plea and shall require the prosecution to
 prove his guilt and the precise degree of culpability. The accused may present evidence
in his behalf. (116.3)
(iii) Plea of Guilty to a Non-Capital Offense. When the accused pleads guilty to a non-
capital offense, the court may receive evidence from the parties to determine the
penalty to be imposed. (116.4)
(iv) Withdrawal of Improvident Plea of Guilty. At any time before the judgment of conviction
becomes final, the court may permit an improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilty. (116.5)

Suspension of Arraignment. Upon motion by the proper party, the arraignment shall be suspended
in the following cases: (i) accused appears to be suffering from an unsound mental condition which
effectively renders him unable to fully understand the charge against him and to plead intelligently; (ii)
there exists a prejudicial question; or (iii) a petition for review of the resolution of the prosecutor is
pending at either the Department of Justice, or the Office of the President.
7. Pre-Trial. Pre-trial in criminal cases has now been made mandatory. Accused is merely required
to sign the written agreement arrived at in the pretrial conference, if he is in conformity therewith.
Unless otherwise required by the court, his personal presence at the conference is not indispensable.
8. Trial. The present rule enjoins continuous trial. To warrant a postponement due to absence of a
witness, it must appear (i) that the witness is really material and appears to the court to be so; (ii) that
the party who applies for postponement has not been guilty of neglect; (iii) that the witness can be
had at the time to which the trial has been deferred; and (iv) that no similar evidence could be
obtained. The non-appearance of the prosecution at the trial, despite due notice, justifies a
provisional dismissal, or an absolute dismissal, depending on the circumstances.
• Order of Trial. The trial shall proceed in the following order: (1) prosecution shall present
evidence to prove the charge and, in the proper case, the civil liability; (2) accused may
present evidence to prove his defense and damages, if any, arising, from the issuance of a
provisional remedy; (3) prosecution and the defense may, in that order, present rebuttal and
sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present
additional evidence; (4) upon admission of evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to submit written
memoranda. When the accused confesses to having committed the act constituting the crime,
but alleges a justifying or exempting circumstance, then the order of trial can be reversed and
he can be made to present evidence of his justification or exemption.
9.Judgment. Judgment is the adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition on him of the proper penalty and civil liability, if any. (120.1)
• Form of Judgment. It must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and distinctly a statement of
the facts and the law upon which it is based. (120.1)
• Contents of a Judgment of Conviction. If the judgment is of conviction, it shall state: (1) legal
qualification of the offense constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its commission; (2) participation of the
accused in the offense, whether as principal, accomplice, or accessory after the fact; (3)
penalty imposed upon the accused; and (4) civil liability or damages caused by his wrongful
act or omission to be recovered from the accused by the offended party, if there is any.
 • Contents of a Judgment of Acquittal. If the accused is acquitted, the judgment must state: (1)
whether the evidence absolutely fails to prove this guilt or only that it fails to do so beyond
reasonable doubt; and (2) whether the act or omission from which the civil liability may arise
does not exist.
• Promulgation of Judgment. Whether the judgment is of conviction or acquittal, the accused
must be present during its promulgation. There are two (2) ways of promulgating the
judgment: (1) if the accused (or his attorney in light offenses) is present, it is promulgated by
reading the judgment in his presence; or (2) if the accused is absent, the judgment is
promulgated by its being recorded in the criminal docket and a copy being served on the
accused or his counsel.
• Modification of Judgment. Only the accused can ask for reconsideration or modification of a
judgment of conviction. A judgment in a criminal case, except where the death penalty is
imposed, becomes final (and executory): (1) after the lapse of the period for perfecting an
appeal, (2) when the sentence has been partially or totally satisfied or served, or (3) when the
accused has waived in writing his right to appeal, or has applied for probation.
• Entry of Judgment. A judgment of acquittal is immediately final upon its promulgation and
cannot be withdrawn by another order reconsidering the dismissal of the case, nor can it be
modified except to eliminate something which is civil or administrative in nature. Thus, it is
“entered” right away.
10) Sentencing
Judgment and Sentence Explained. Judgment is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil
liability, if any. (120.1) Sentencing involves a judicial determination of the appropriate punishment for
a specific crime.
Penalties in General.
• Penalty Defined. In its general sense, PENALTY signifies pain; in its juridical sphere,
PENALTY means the suffering undergone, because of the action of society, by one who
commits a crime. Hence, PENALTY is imposed only after a conviction in a criminal action.
• Constitutional Limitations on Penalties. Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Death penalty shall not be imposed, unless, for
compelling reasons involving heinous crimes. Congress shall provide for it (Sec. 19, Article III,
1987 Philippine Constitution).
• What Penalties May be Imposed. Only the penalty provided by law prior to the commission
of a felony. The exception to this rule is a penalty modified by a law subsequent to the
commission of the crime which favors the offender, except if the latter is a habitual delinquent
or when the law otherwise provides.
• Classification, Duration and Computation of Penalties.
(i) Under the Revised Penal Code. Under the Article 25 of the Revised Penal
Code: (1) PRINCIPAL: that provided by law for a felony and which is imposed by
the court expressly upon conviction; or (2) ACCESSORY: that deemed included
in the imposition of the principal penalty.

(ii) Classification of Principal Penalties.

 According to their DIVISIBILITY: (1) Indivisible: those which do not have fixed
duration, like death, reclusion perpetua, perpetual absolute or special
disqualification, public censure, or (2) Divisible: those which have a fixed duration
and are always divisible into three periods, namely: maximum, medium, and
minimum, like prision mayor. According to their GRAVITY: (1) Afflictive –
reclusion perpetua, (2) Correctional – arresto mayor, or (3) Light – public
censure. According to SUBJECT MATTER: (1) Deprivation of Freedom –
reclusion perpetua, (2) Restriction of Freedom – destierro, (3) Deprivation of
Rights – suspension, or (4) Pecuniary – fine
(iii) Scale of Penalties.
PRINCIPAL PENALTIES
Afflictive Penalties:
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary absolute disqualification
Perpetual or Temporary special disqualification
Prision Mayor

Correctional Penalties:
Prision Correccional
Arresto Mayor
Suspension
Destierro

Light Penalties:
Arresto Menor
Public Censure
Penalties Common to the Three Preceding Classes:
Fine and Bond to Keep the Peace

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the profession
or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of Costs
(iv) Duration of Penalties.
Reclusion Perpetua – after serving 30 years, he may be pardoned
Reclusion Temporal – 12 years, 1 day to 20 years
Prison Mayor and Temporary Disqualification – 6 years, 1 day to 12 years
Prision Correccional, Destierro, Suspension – 6 months, 1 day to 6 years
Arresto Mayor – 1 month, 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – such period of time as the court may require
 Note: Temporary disqualification or suspension if imposed as an accessory penalty –
duration is the same as that of the principal penalty. If the penalty imposed is reclusion
perpetua, the convict may be pardoned after serving the penalty of 30 years. This is not
mandatory. However, the longest term of imprisonment cannot exceed 40 years (Art.
70).

CORRECTIONS PILLAR
The Corrections Pillar is concerned with the rehabilitation and reintegration of offenders into
the mainstream of society, upholding their human rights and dignity through speedy legal and
administrative processes and provision of scientific and spiritual programs.
Institution Based Corrections
Philippine Correctional System. The correctional system comprises of the institutions,
mechanisms and interventions relative to the confinement of convicted offenders and detention of
those awaiting trial, as well as the process of rehabilitation through probation, pardon and parole.
The corrections system specifically aims at safekeeping prisoners and rehabilitating those who are
qualified, mainstreaming them again in the society as law-abiding citizens.
1. Bureau of Corrections. The Bureau of Corrections (BuCor) is an integral bureau of the
Department of Justice (DOJ) mandated to carry out the institutional rehabilitation program of
the government for national offenders (those who were sentenced to more than three years of
imprisonment), and to ensure their safe custody. Its mission is to protect society through
humane confinement and effective rehabilitation of criminal offenders.

Mandate. The BuCor is specifically mandated to undertake the following functions: (1)
confine persons convicted by the court to serve a sentence in national prisons; (2) keep
prisoners from committing crimes while in custody; (3) provide humane treatment to the
inmates by supplying them their basic needs and implementing a variety of rehabilitation
programs designed to change their pattern of criminal or anti-social behavior; and (4) engage
in agroindustrial projects for the purpose of developing prison lands and resources into
productive bases or profit centers, developing and employing inmate manpower skills and
labor, providing prisoners with a source of income and augmenting the Bureau’s yearly
budgetary appropriations.

Structural Organization. The Bureau of Corrections shall be headed by a Director who shall
be assisted by two (2) Assistant Directors, one for Administration and Rehabilitation and one
for Prisons and Security. The Director and Assistant Directors of the Bureau shall be
appointed by the President upon recommendation of the Secretary. The Bureau shall carry
out its functions through its divisions and its seven (7) penal institutions namely – New Bilibid
Prisons, Correctional Institution for Women, Iwahig, Davao, San Ramon and Sablayan Prisons
and Penal Farms and the Leyte Regional Prisons.

1. Provincial Jail. Provincial jails shall be under the supervision and control by the provincial
government within its jurisdiction. There is a provincial jail in every province, which is under
the supervision and control of the Provincial Government (Office of the Governor). A provincial
 jail keeps convicted offenders with a prison sentence that ranges from six (6) months and one
(1) day to three (3) years.

2. Bureau of Jail Management and Penology. Bureau of Jail Management and Penology
(BJMP) shall exercise supervision and control over all city and municipal jails nationwide.

Mandate. The BJMP exercises administrative and operational control over all city, district and
municipal jails nationwide and its clientele are: (1) detainees temporarily confined thereat
awaiting final judgment; (2) detainees subject to or undergoing a criminal investigation; or (3)
convicted and serving sentence three (3) years and below.

3. Bureau of Child and Youth Welfare. Regional Youth Rehabilitation Centers are residential
facilities that provide care and rehabilitation to juvenile in conflict with the laws. These are
attached and under the control and supervision of the Bureau and Youth Welfare of the
Department of Social Welfare and Development.
Classification of Prisoners. The general classification of prisoner’s according to his sentence
and place of commitment are: (1) National Prisoners – these are prisoners who are sentenced to
imprisonment of more than three (3) years. They shall be committed to the penitentiaries of the
Bureau of Corrections; (2) Provincial Prisoners – these are prisoners sentenced to imprisonment
that ranges from six months and one day to three (3) years. They shall be committed to the
provincial jail; or (3) City or Municipal Prisoners – these are prisoners sentenced to imprisonment
of not more than six (6) months and shall be committed to the city or municipal jails.

Non-Institution Based Corrections

Agencies in Community-Based Corrections
1. Parole and Probation Administration. The present adult probation system is instituted
under PD 968 dated July 24, 1976, to promote the correction and rehabilitation of an offender
by providing him with personalized, community based treatment; provide an opportunity for his
reformation and reintegration into the community, and prevent the commission of offenses. A
Probation Administration was likewise created under PD 968 to administer the probation law.
The Probation Administration was restructured into the Parole and Probation Administration
(PPA) under EO 292 (Administrative Code of 1987) dated July 25, 1987, giving it an added
responsibility of supervising prisoners released on parole or are granted pardon with parole
conditions. Mandate and Functions. The PPA is mandated to administer the parole and
probation system of the country to decongest jails, reduce recidivism and provide savings to
the government. The PPA is specifically mandated to undertake the following functions: (1)
administer the parole and probation system; (2) exercise general supervision over all parolees
and probationers; and (3) promote the correction and rehabilitation of offenders. Organizational
Structure and Jurisdiction. The PPA is headed by an Administrator who is appointed by the
President of the Philippines and who acts as the Executive Officer that exercises supervision
and control over all probation officers, heads the agency. An Assistant Probation
Administrator, who is likewise appointed by the President of the Philippines, assists the
Administrator. The central office structure of the PPA consists of seven divisions. The field
structure of PPA consists of 15 Regional Parole and Probation Offices, 202 Provincial/City
Parole and Probation Offices 13 Sub-Provincial/City Parole and Probation Offices, and 73
Extension Offices.
2. Board of Pardons and Parole. Originally called the Board of Indeterminate Sentence, the
Board of Pardons and Parole (BPP) was created under Act 4103, as amended, on December
 5, 1933 to implement the provisions of the Act, which provides for the indeterminate sentence
and parole for all persons convicted by the courts of certain crimes.

Mandate and Functions. The BPP is specifically mandated to grant parole to qualified
prisoners; recommend to the President of the Philippines the grant of commutation of
sentence, conditional pardon and absolute pardon to ex-convicts; and assist in the
rehabilitation of parolees and pardonees.

Organizational Structure. The BPP is composed of the DOJ Secretary as the Chairman and
four (4) members appointed by the President of the Philippines with the consent of the
Commission on Appointment, who hold office for a term of six years. The law requires that
three members of the Board must each be trained sociologist, a clergyman or educator,
psychiatrist (unless a trained psychiatrist has been employed by the Board). The 50-man
working staff headed by an Executive Director and a Deputy Executive Director provides
support services to the Board. These personnel complement of the Board are assigned to its
three divisions – Investigation, Supervision, and Technical.

Non-Institution (Community) Corrections

(1) Probation
• Probation Defined. A disposition under which a defendant, after conviction and sentence, is
released subject to conditions imposed by the court and to the supervision of a probation
officer (Section 3, Presidential Decree No. 968, Probation Law of 1976 promulgated on July
24, 1976).

• Purposes. The purposes of probation are: (1) to promote the correction and rehabilitation of
an offender by providing him with individualized treatment under the guidance of a trained
probation officer; (2) to promote an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence; and (3) to prevent the
commission of another offense.

• Disqualified Offenders. The Probation Law of 1976 applies to ALL OFFENDERS, except:
(1) those sentenced to serve a maximum term of imprisonment of more than six (6) years; (2)
those convicted of subversion or any crime against national security or the public order; (3)
those who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one (1) month and one (1) day and/or a fine of not less than Two
Hundred Pesos; (4) those who have been once on probation under the provisions of PD No.
968, as amended; (5) those serving sentence when the Probation Law took effect; (6) those
whose conviction is on appeal; (7) those convicted of violation of Election Code; (8) those
convicted of violation of Wage Rationalization Act; and (9) those convicted of violation of
Section 24 of the Comprehensive Dangerous Drugs Act of 2002.

• How and Where Initiated and Filed. An application for probation shall be filed with the Trial
Court which has jurisdiction over the case (Section 4, PD No. 968).

• Effect of Appeal. The filing of the application shall be deemed a waiver of the right to appeal
(Section 4, PD No. 968).

• Effect of Violation of Conditions. Trial Court issues a warrant for the arrest of the erring
probationer. Probationer is then brought before the Trial Court for a summary hearing where
he may be admitted to bail pending such hearing. If serious violation is established during the
 hearing, Trial Court may order (1) continuance of the probationer’s probation; (2) modification
of his probation conditions; or (3) revocation of probation.

• Effect on Civil and Administrative Liability. Probation affects only the criminal aspect of
the case. The suspension of the sentence imposed on the accused who is granted probation
HAS NO BEARING ON HIS CIVIL LIABILITY. The civil action for the civil liability is separate
and distinct from the criminal action. The criminal action is separate and distinct from the
administrative case. Probation affects only the criminal aspect of the case, not its
administrative dimension.

• Effect on Accessory Penalties. Accessory penalties are deemed suspended once

application for probation is given due course. During the period of probation, the probationer is
not disqualified from running for a public office because the accessory penalty is put on hold
for the duration of the probation.

(2) Parole
• Parole Defined. The conditional release of an offender from a correctional institution after he
serves the minimum term of his prison sentence under the continued custody of the State and
under conditions that permit his reincarceration if he violates a condition for his release.

• Purposes. The purposes of parole are: (1) to uplift and redeem valuable human material to
economic usefulness; and (2) to prevent unnecessary and excessive deprivation of personal
liberty (Rule 1.1, 2006 Rules on Parole).

• Eligible Offenders. A parole case shall be eligible for review by the Board of Pardons and
Parole if the prisoner (1) is confined in prison or jail to serve an indeterminate sentence, the
maximum of which exceeds one (1) year, pursuant to a final judgment of conviction, which has
become final and executory; and (2) has served the minimum period of said sentence.

• Disqualified Offenders. The Indeterminate Sentence Law does not apply to (1) those
convicted of an offense punished with the death penalty, reclusion perpetua or life
imprisonment; (2) those convicted of treason, conspiracy or proposal to commit treason or
espionage; (3) those convicted of misprision of treason, rebellion, sedition or coup d’etat; (4)
those convicted of piracy or mutiny on the high seas or Philippine waters; (5) those who are
habitual delinquents; (6) those who escaped from confinement or evaded sentence; (7) those
who having been granted conditional pardon by the President of the Philippines shall have
violated any of the terms thereof; (8) those whose maximum term of imprisonment does not
exceed one (1) year or those with definite sentence; (9) those suffering from any mental
disorder as certified by a government psychiatrist/psychologist; (10) those whose conviction is
on appeal and has not yet become final and executory; (11) those who have pending criminal
case/s; (12) those national prisoners serving sentence in a municipal, city, district or provincial
jail unless the confinement in said jail is in good faith or due to circumstances beyond the
prisoners’ control; (13) those guilty of terrorism; and (14) those guilty of rape (i) with homicide,
(ii) when the victim is under 18 yrs old and the offender is a parent, ascendant, stepparent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim, or (iii) when the victim is under the custody of the police or
military authorities or any law enforcement or penal institution.

• How Initiated and Where Filed. Board (BPP) may review a parole case (1) motu proprio, or
(2) upon petition filed by, or on behalf of, a prisoner.
 • Effect of Appeal. The convict could not avail for himself of parole if his conviction is on
appeal, or has not yet become final and executory.
• Effect of Violation of Conditions. The parolee, who violates the conditions of his parole,
shall be rearrested and recommitted or returned to prison to serve the unexpired portion of the
maximum period of his sentence (See People v. Abesamis, G.R. No. 140985, August 28,
2007).

• Effect on Civil Liability. Accused-appellant’s civil liability subsists despite his release on
parole.

• Effect on Accessory Penalties. The accessory penalties of the law which have not been
expressly remitted therein shall subsist (Rule 3.18, 2006 Rules on Parole).

(3) Pardon
• Pardon Defined. An act of grace proceeding from the power entrusted with the execution of
the laws (President) which exempts the individual on whom it is bestowed from the punishment
the law inflicts for a crime he has committed (De Leon v. Director of Prisons, 31 Phil 60).

• Purpose. The purpose of pardon is to afford a remedy, it has always been thought essential
in popular governments to vest, in some authority other than the courts, the power to
ameliorate or avoid particular judgments.

• Eligible Offenders. For Conditional Pardon: Prisoner should have served at least one-half
(1/2) of the maximum of the original indeterminate and/or definite prison term. For Absolute
Pardon: Prisoner should have served his maximum sentence or granted final release and
discharge or court termination or probation.

• Disqualified Offenders. Board shall not favorably recommend petitions for pardon of the
following prisoners: (1) those convicted of evasion of service of sentence; (2) those who
violated the conditions of their conditional pardon; (3) those who are habitual delinquents or
recidivists; (4) those convicted of kidnapping for ransom; (5) those convicted of violation of RA
No. 6425 (Dangerous Drugs Act of 1972), RA No. 9165 (Comprehensive Dangerous Drugs Act
of 2002), and other drug related offenses except those convicted only of use and/or
possession of prohibited or regulated drugs; (6) those convicted of offenses committed under
the influence of drugs; (7) those whose release from prison would pose a threat to the public
safety or would constitute a danger to society; and (8) those suffering from dementia or
insanity.

• How Initiated and Where Filed. Board may consider cases for pardon upon (1) petition, or (2)
referral by the Office of the President, or (3) motu proprio (See Section 2, Amended Guidelines
for Recommending Executive Clemency).

• Effect of Appeal. Application (for pardon), if one is made, should not be acted upon or the
process toward its grant should not be begun unless the appeal is withdrawn. Agencies or
instrumentalities of the Government concerned must require proof from the accused that he
has not appealed from his conviction or that he has withdrawn his appeal. The acceptance of
the pardon shall not operate as an abandonment or waiver of the appeal, and the release of an
accused by virtue of a pardon, commutation of sentence, or parole before the withdrawal of an
appeal shall render those responsible therefor administratively liable (People v. Rocha, G.R.
No. 173797, August 31, 2007).
 • Effect of Violation of Conditions. The Board shall recommend to the President the pardonee’s
arrest or recommitment after determination that he violated conditions of his conditional
pardon.

If the pardonee violates any of the conditions of his pardon, he will be prosecuted
criminally as a pardon violator. Upon conviction, the accused will be sentenced to serve an
imprisonment of prison correccional (minimum term). However, if the penalty remitted by the
granting of such pardon be higher than six (6) years, the pardonee will be made to serve the
unexpired portion of his original sentence (Art. 159, RPC).

Criminal and administrative remedies are not mutually exclusive and may be
successively availed of by the President for the punishment of the violator of the conditional
pardon (Culanag v. Director of Prisons, 20 SCRA 1123).

• Effect on Civil Liability. It does not discharge the civil liability of the convict to the individual he
has wronged.

• Effect on Administrative Liability. Since the Constitution did not make a distinction between
criminal and administrative penalties, the Court considered clemency for administrative
penalties as included in clemency for serious criminal penalties.

• Effect on Accessory Penalties. (1) It removes penalties and disabilities and restores him to
his full civil and political rights; and (2) it does not restore offices, property, or rights vested in
others in consequence of the convictions. A pardon shall not work the restoration of the right
to hold public offices or the right to suffrage unless such right be expressly restored by the
terms of the pardon.

COMMUNITY PILLAR
The community is considered as the most important pillar of the Philippine Criminal Justice
System. It is the central institution of crime prevention, the stage on which all other pillars of criminal
justice system perform. The participation of the community, as one of the five pillars of criminal
justice system, is crucial.
The community pillar collectively imposes limitations on individual behavior of citizens that
deter criminality and criminal behavior for the common good of civilized and democratic society.
Institutions such as the barangays, government agencies, legislative bodies, the academe, and
religious and civic organizations, among others, are involved in this pillar.
Barangay Justice System
Concept of Barangay Justice System. The Katarungang Pambarangay or Barangay Justice
System is a community-based dispute settlement mechanism that is administered by the basic
political unit of the country, the barangay. As a communitybased mechanism for dispute resolution, it
covers disputes between members of the same city/municipality and involves the Punong Barangay
or Lupon members as intermediaries, either as mediators, conciliators, or arbitrators.
Legal Basis of the Barangay Justice System. The establishment and operation of the Barangay
Justice System is mandated initially in 1978 by Presidential Decreee 1508 and Batas Pambansa Blg.
337 or the 1983 Local Government Code, and later, by Republic Act No. 7160 or the Local
Government Code of 1991.
Objectives. The law had the following objectives: (1) to promote the speedy administration of justice;
(2) to minimize the indiscriminate filing of cases in courts; (3) to minimize the congestion of court
dockets and thereby enhance the quality of justice dispensed by the courts; and (4) to perpetuate and
recognize the time-honored tradition of amicably settling disputes at the community level.
Overview of the Barangay Justice System. (1) The main strategy for settling disputes is to provide
a venue for the disputing parties to search for a solution that is mutually acceptable. (2) The primary
role of the system is not to decide disputes and impose a solution on the parties but to assist the
parties in discussing the possible amicable settlement of their disputes. (3) The personal appearance
and participation of the disputing parties is necessary, which the non-appearance of the parties will
have corresponding sanctions. (4) Disputes involving nonnatural persons like corporations are not
subject to the conciliation proceedings of the Barangay Justice System. (5) The Barangay Justice
System provides an alternative mode for dispute resolution to the costly and lengthy process of
settling disputes in regular courts. (6) The technical processes and rules that are usually applied in
court proceedings are not applied. (7) In the Barangay Justice System, however, the parties do not
need to secure the services of lawyers. In fact, the law prohibits the participation of lawyers in the
conciliation proceedings. (8) It is compulsory for the parties to go through the BJS proceedings first,
for covered cases, before going to court as their failure would result to the dismissal of the parties’
claim or counterclaim.

(1)Mediation
Authority and Power of the Punong Barangay to Mediate. The Punong Barangay has the
authority or power to mediate cases of the residents in the barangay.
Cases Under the Katarungang Pambarangay. All disputes, civil and criminal in nature where
parties actually reside in the same city or municipality are subjected to proceedings of amicable
settlement.
Cases or Disputes Not Covered by Barangay Conciliation. (1) cases/disputes involving a juridical
person or corporation; (2) offenses involving government entity; (3) offenses with maximum penalty of
1 year and exceeding fine P5,000; (4) offenses with no private party; (4) real properties in different
cities or municipalities; or (5) disputes that need urgent legal action, labor disputes, land disputes and
action to annul judgment upon a compromise.
Instances When the Parties May Go Directly to Court. (1) Where the accused is under police
custody or detention. (2) Where a person has otherwise been deprived of personal liberty calling for
habeas corpus proceedings. (3) Actions coupled with provisional remedies such as preliminary
injunction, temporary restraining orders, attachment, replevin, etc. (4) Where the action may be
barred by the Statute of Limitations (the law that bars the filing of an action after a prescribed period).
(5) Labor disputes arising from an employer-employee relationship, or disputes arising from the
Comprehensive Agrarian Reform Law. (6) Any class of disputes which the President may determine
in the interest of justice or upon the recommendation of the Secretary of Justice.
Steps in Mediating Cases. (1) Complainant, with the assistance of the Lupon Secretary, fills up KP
Form 7 (Complaint Form) and pays a minimal filing fee to the Barangay Treasurer. (2) Within 3 days,
the Punong Barangay should issue a Notice of Hearing to the complainant and summon the
respondent, both of whom should appear in the Barangay Office. (3) Complainant’s failure to appear
without justifiable cause will result to the dismissal of the complaint, and eventually, he cannot file a
case in court. He can also be punished/reprimanded for indirect contempt. (4) If the Respondent
cannot also appear without justifiable cause, his/her counterclaim, if there is any, will be dismissed
and he will be barred from filing in court and be punished for indirect contempt of court. If the
respondent does not appear, the case will be referred to the Pangkat Tagapagkasundo. (5) If both
parties appear, the Punong Barangay will act as mediator and will listen to them carefully and help
them find the solution within 15 days. (6) It is important for the Punong Barangay to explain the
process and objectives of the mediation and the rules to be observed during the mediation. (7)
Punong Barangay should give each party the time to explain their side without interruption from the
other party. Ask questions and involve both parties in looking for the solution of their disputes. (8) If
the parties reach a settlement, it should be put into writing, in a language or dialect known to the
parties. (9) After 10 days, the settlement will be executory and it has the force and effect of a
decision of a court. (10) In case the settlement was reached through fraud, threat or intimidation, any
party can protest the settlement within 10 days. (11) The respondent can voluntarily comply with the
settlement within 5 days. If he fails, then, his property as prescribed by law could be taken.
(2) Conciliation
If the mediation has failed, the parties still have to go to the conciliation proceedings.
Constitution of the Pangkat Tagapagksundo. The Punong Barangay will constitute the Pangkat
within 15 days from the last day of the mediation proceedings. The Pangkat Members shall come
from the Lupon and will be chosen by both parties, the complainant and respondent. If the parties fail
to agree on the Pangkat membership, the Lupon Chairperson will determine the 3 members by
drawing lots to be distributed to the members of the Pangkat. Upon constitution, the Pangkat
members shall elect a chairperson and a secretary. Relationship, bias, interest or other similar
grounds discovered after the constitution of the Pangkat can be grounds for disqualification of a
Pangkat member. The Pangkat shall resolve the matter by majority vote. Its decision on this matter is
final. If the Pangkat decides to disqualify any of its members, the parties should agree on a common
choice for the replacement. If they fail to agree, the Lupon Chairperson shall fill the resulting vacancy
by drawing lots. In case of vacancy due to other causes, the Punong Barangay or the Lupon
Chairperson shall in a similar manner, fill such vacancy should the party fail to agree on a common
choice.
Steps in Conciliation. (1) The Pangkat shall meet to hear both parties, explore possibilities for
amicable settlement within 15 days which can be extended for another 15 days in a meritorious case
and issue subpoena of witnesses whenever necessary. (2) If any of the party fails to appear, the
Pangkat Chairperson shall set a date for the absent party or parties to appear before him to explain
the reasons for his failure to appear at the hearing. (3) If the Pangkat Chairperson finds after hearing
that the failure to appear of the complainant is without justifiable reason, he shall: (a) dismiss the
complaint; (b) direct the issuance of and attest to the certification to bar the filing of action in court or
any government offices; and (c) apply with the local trial court for punishment of the recalcitrant party
for the indirect contempt of court. (4) For the respondent, the Pangkat shall (a) dismiss the
respondents’ counterclaim; (b) direct the issuance of and attest to the certification to bar the filing of
respondent counterclaim in court or government office; (c) to file complainant’s action in court or any
government office and fill up KP Form 20 (Certificate to File Action). (5) The Pangkat Chairperson
shall apply, in similar manner, for the punishment of a witness who willfully fails or refuses to appear
as for indirect contempt of court. (6) If the Pangkat is successful in the conciliation, an amicable
settlement shall be put into writing in a language or dialect known to them, and attested to by the
Lupon Chairman or the Pangkat Chairman. It has the force and effect of a final judgment of a court
after ten (10) days from the date of amicable settlement, unless a protest or repudiation of the
settlement is made. (7) The Pangkat Secretary shall prepare transmittal of settlement to the
appropriate court and fills up a Transmittal Form. (8) If the supposed settlement was affected
adversely by fraud, violence, or intimidation, any of the involved parties can repudiate the settlement
within ten (10) days from the date of the settlement by filing with the Lupon Chairperson or Pangkat a
statement to that effect sworn before him. Failure to repudiate the settlement within ten (10) days
shall be deemed a waiver of the right to challenge on said grounds. (9) Should settlement fail despite
all efforts to conciliate, a certification to file action (Form No. 21) shall be filled up, attesting that no
conciliation or settlement has been reached as certified by the Pangkat Secretary and signed by the
Pangkat Chairman. The certification to file action shall be submitted to the corresponding court or
government office for filing of an appropriate case.
3.Arbitration
In arbitration, parties agree to be bound by a decision of a third person or body in place of a
regularly organized tribunal.
When Arbitration Takes Place. Arbitration can take place at any stage of the proceedings as long
as both parties agree in writing to abide by the Arbitration Award of the Lupon or the Pangkat.
Who Acts As Arbitrator. Either the Lupon Chairperson or Punong Barangay or the Pangkat
Chairperson can act as an Arbitrator. The Arbitrator is given the power to render decisions on the
dispute with a prior agreement of the parties to be bound by it.
Steps in Arbitration. (1) Filing of the complaint with the Office of the Punong Barangay and payment
of filing fee. (2) If the parties agree to submit themselves to the arbitration process at any stage of
mediation and conciliation, the conduct of an arbitration hearing can take place immediately. (3) After
filling up the Agreement of Arbitration, the parties are given five (5) days to withdraw from such
agreement by filling up a sworn statement stating his reasons that such agreement was obtained
through fraud, violence and intimidation, if such is the case. In such case, then it follows that there is
no use to proceed with the case in the Lupon. The case should be forwarded to the Court by issuing
a Certificate to File Action and allow the complainant to bring the case to the court. If there is no
repudiation, then the hearing may proceed. (4) Set the hearing and notify the parties of the hearing
via a Notice of Hearing and Summon. (5) If any of the parties wilfully and unjustifiably fail to appear,
the complainant’s absence will result in the outright dismissal of the complaint and he shall be barred
from filing action in court. On the other hand, if the respondent’s absence is found to be wilful and
unjustified, then the Punong Barangay can issue a Certificate to File Action and Certificate to Bar
Counterclaim in favor of the Complainant. (6) The Arbiter calls the complainant to present his case
together with his evidence. (7) When a witness is necessary, he is summoned to testify before the
proceeding (using KP Form 13). (8) The Arbiter calls the respondent to present his defense, present
evidences and witnesses, in the manner afforded to the complainant. (9) After the parties have
completed their presentation, the case is closed for resolution/decision. At this stage, adjudicative
trial is completed. (10) The Arbitration Award is just like an amicable settlement put into writing in a
language or dialect known to both parties and attested to by the Lupon or Pangkat chairperson. (11)
The Punong Barangay is given fifteen (15) days from the date of last hearing to evaluate and issue
the Arbitration Award. The Secretary shall furnish a copy of the Arbitration Award to the parties within
five (5) days. (12) Parties are given ten (10) days to nullify the decision. After ten (10) days, the
Decision becomes final and executory.
Execution of the Amicable Settlement. The amicable settlement has the force and effect of a final
judgment of a court upon the expiration of the 10day period of repudiation and this may be enforced
by execution by the Lupon within six (6) months from the date of settlement. After the lapse of such
time, the settlement may be enforced by filing a motion in the Municipal Trial Court of the place where
the settlement was made. The actual execution may be in the form of money, but in case of failure to
comply voluntarily with the settlement, the Punong Barangay shall take possession of sufficient
personal property of the party obliged. The property can be sold and the proceeds applied to the
amount.
Steps in Execution of Settlement. (1) The disputant must first file a Motion for Execution with
Punong Barangay. (2) The Punong Barangay conducts hearing on the date assigned by the movant.
The date shall not be later than 5 days from the filing of the motion. During the hearing, the Punong
Barangay shall ascertain the facts for the non-compliance of settlement and strongly encourage the
party to comply with the settlement. (3) After the lapse of five (5) days with no voluntary compliance,
the Punong Barangay shall issue a Notice of Execution. (4) Within six (6) months from the date of the
settlement, the Lupon, through the Punong Barangay, executes the settlement
Sale of Personal Properties. (1) A Notice of Sale shall be posted in three (3) public places. (2) For
perishable goods, immediately upon taking possession, the sale should take place within 24 hours.
(3) For other goods, immediately upon taking possession, the goods must be sold within 5 to 10 days.
(4) Public auction of goods should be done between 8AM to 5PM and the owner may direct the order
of the sales. (5) The Punong Barangay, Secretary or Lupon member may not take part in the sale.
(6) The prevailing party is then paid in amount corresponding to the obligation. (7) Excess proceeds
are returned to the party obliged. If the prevailing party is a buyer, he shall only pay the excess of the
obligation to the party obliged.
Properties Exempted From Execution. (1) Debtor’s family home; (2) tools and implements
necessarily used by him in his trade or employment; (3) two horses, or two cows, or 2 carabaos or
other beasts of burden such as the debtor may select and are necessarily used by him in his ordinary
occupation; (4) necessary clothing for debtor and family; (5) household furniture and utensils
necessary for housekeeping; (6) provisions for individual or family use sufficient for four (4) months;
(7) professional libraries of attorneys, judges, physicians, pharmacists, dentists, engineers, surveyors,
clergymen, teachers and other professionals; (8) one fishing boat, net and other fishing paraphernalia
of the party who is a fisherfolk by the lawful use of which he earns a livelihood; (9) so much of the
earnings of the party obliged for his/her personal services within the month preceding the levy as are
necessary for his/her family’s support; (10) all moneys, benefits, privileges or annuities accruing in
any manner or growing out of any life insurance not exceeding P100,000; (11) the right to receive
legal support or money or property obtained as such support or any pension or gratuity from the
government, and (12) copyrights and other properties especially exempted by law.