PHILIPPINE CRIMINAL JUSTICE SYSTEM (10) but not more than twenty (20).

It
shall be constituted every three (3)
CRIMINAL JUSTICE SYSTEM years.
➢ The sum total of instrumentation which a
society uses in the prevention and control Qualification to become members of the Lupon
of crime and delinquency. ➢ Any resident of the barangay of
➢ The machinery of the state or government reputable character may be appointed
which enforces the rules of conduct as member of the Lupon. Members of
necessary to protect life and property and the Lupon shall be appointed by the
to maintain peace and order. Barangay Chairman with the term of
➢ Comprises all means used to enforce three (3) years.
these standards of conduct, which are
deemed necessary to protect individuals Basic function of the Lupon
and to maintain general well-being of the ➢ Essentially, the Lupon must provide a
community. forum for matters relevant to the
amicable settlement of disputes for the
The Pillars of the Criminal Justice System speedy resolution of disputes.

Philippines United States Japan Mediation = is the process by which the Lupon
1. Law Enforcement 1. Law Enforcement 1. Law Enforcement Chairman meets with the parties together with
2. Prosecution 2. Court 2. Prosecution their witnesses to mediate with their conflicting
3. Court 3. Correction 3. Court
4. Correction 4. Institutional interest.
5. Community 5. Non-Institutional
PANGKAT TAGAPAGKASUNDO
➢ It shall act as the conciliation panel. It is
KATARUNGANG PAMBARANGAY (VILLAGE also referred to as the PANGKAT.
JUSTICE) ➢ It shall be composed of three (3)
members chosen from the members of
BRIEF HISTORY OF THE KATARUNGANG the Lupon. They shall choose from
PAMBARANGAY among the three of them the Pangkat
Chairman and Pangkat Secretary.
PD 1293 – the law “CREATING A KATARUNGANG ➢ The Pangkat shall be constituted
PAMBARANGAY COMMISSION TO STUDY THE whenever a dispute is brought before
FEASIBILITY OF RESOLVING DISPUTES AT THE the Lupon.
BARANGAY LEVEL ➢ The members of the Pangkat shall be
Promulgated on 27 January 1978 chosen by the parties of the dispute
from among the Lupon members. In
PD 1508 – the law “ESTABLISHING A SYSTEM OF case of disagreement, the Barangay
AMICABLY SETTLING DISPUTES AT THE BARANGAY Chairman shall draw lots.
LEVEL
Matters fall under the jurisdiction of the Lupon
RA 7160 – otherwise known as the “LOCAL a) those involving offenses that are
GOVERNMENT CODE OF 1991 punishable by the imprisonment of one
➢ provides for the REVISED KATARUNGANG year and below, or a fine in the amount
PAMBARANGAY LAW of five thousand pesos and below;
➢ enacted on 10 October 1991 b) those involving parties that actually
reside or work in the same barangay;
LUPONG TAGAPAMAYAPA c) those involving marital and family
➢ It is a body of men created to settle disputes;
disputes within the barangay level. It is d) those involving minor disputes between
also referred to as the LUPON. neighbors;
e) those involving real properties located in
Composition of the Lupon the barangay;
➢ The Lupon shall be composed of the
Barangay Chairman as Chairman of the Venue for amicable settlement
Lupon and the Barangay Secretary as a) disputes between persons actually
the Secretary of the Lupon, plus other residing in the same barangay shall be
members who shall be not less than ten

16 | P a g e
 brought for amicable settlement before extended for another fifteen (15) days,
the Lupon of said barangay; at the discretion of the Pangkat.
b) those involving actual residents of
different barangays within the same city Purpose of amicable settlement
or municipality shall be brought in the
barangay where the respondent actually “Because it is a pre-condition to filing of
resides; complaint in court”
c) all disputes involving real property or any ➢ “No complaint involving any matter
interest shall be brought in the barangay within the authority of the Lupon shall be
where the real property or the larger filed directly in court unless there has
portion is situated; been a confrontation between the
d) those arising at the workplace where the parties before the Chairman or the
contending parties are employed or at Pangkat, and that no conciliation or
the institution where such parties are settlement has been reached as
enrolled for study shall be brought in the certified by the Secretary, or unless the
barangay where such workplace or settlement has been repudiated by the
institution is located. parties.”

PROCEDURE FOR AMICABLE SETTLEMENT Effect of the amicable settlement

➢ The amicable settlement shall have the
Who may initiate proceedings? force and effect of a final judgment of a
➢ Any individual who has a cause of court upon the expiration of ten (10)
action against another individual days from the date of settlement.
involving any matter within the authority
of the Lupon may complain, orally or in FIRST PILLAR: LAW ENFORCEMENT
writing, to the Lupon. ➢ As the first pillar in the criminal justice
system, the police is considered as the
COMPLAINANT – the person who filed the initiator of action. Its actions and
complaint against the respondent. decisions essentially control or dominate
the activities or functions of the other
RESPONDENT – the person who is being pillars.
complained of.
Brief History of the Philippine Policing System
CAUSE OF ACTION – an act or omission of one ➢ The institution of police in the Philippines
party in violation of the legal rights of another formally started during the Spanish
for which the latter suffers damage which period. The establishment of the police
affords a party to a right to judicial intervention. force was not entirely intended for crime
prevention or peacekeeping. Rather, it
➢ Upon receipt of the complaint the was created as an extension of the
Chairman shall meet with the colonial military establishment.
respondent and complainant and
mediate. If he fails in his mediation Ancient Roots
within fifteen (15) days, he shall set a ➢ The forerunner of the contemporary
date for the constitution of the Pangkat. police system was the practice of
barangay chieftains to select able-
MEDIATION OR CONCILIATION – the process bodied young men to protect their
whereby disputants are persuaded by the barangay during the night and was not
Punong Barangay or Pangkat to amicably settle required to work in the fields during
their disputes daytime.

➢ The Pangkat shall meet not later than Spanish Period

three (3) days after their constitution, on ➢ Carabineros de Seguridad Publica –
the date set by the Chairman, to hear organized in 1712 for the purpose of
both parties. carrying the regulations of the
➢ The Pangkat shall arrive at a settlement Department of State; this was armed
of the dispute within fifteen (15) days and considered as the mounted police;
from its meeting. This period may be years after, this kind of police

17 | P a g e
 organization discharged the duties of a Martial Law Period
port, harbor and river police ➢ P.D. 421 – Integration of City/municipal
➢ Guardrilleros – this was a body of rural Police Forces, Jail and Fire Department
police organized in each town and within the greater Manila, March 21,
established by the Royal Decree of 18 1974.
January 1836; this decree provided that ➢ P.D. 482 – Integration of City/Municipal
5% of the able-bodied male inhabitants Police, Jail and Fire Department in
of each province were to be enlisted in certain Provinces, June 13, 1974.
this police organization for three years ➢ P.D. 531 – Integration of Police, Fire and
➢ Guardia Civil – this was created by a Jails in other provinces, August 8, 1974.
Royal Decree issued by the Crown on 12 ➢ P.D. 641 – Integration of Police, Fire & jails
February 1852 to partially relieve the in provinces/Cities not covered by
Spanish Peninsular troops of their work in previous police integration decrees,
policing towns; it consisted of a body of January 21, 1975.
Filipino policemen organized originally in ➢ PD 765 – otherwise known as the
each of the provincial capitals of the Integration Act of 1975, enacted on
central provinces of Luzon under the August 8, 1975; established the
Alcalde Mayor Integrated National Police (INP)
composed of the Philippine
American Period Constabulary (PC) as the nucleus and
➢ The Americans established the United the integrated local police forces as
States Philippine Commission headed by components, under the Ministry of
General Howard Taft as its first governor- National Defense
general. On January 9, 1901, the ➢ transferred the NAPOLCOM from the
Metropolitan Police Force of Manila was Office of the President to the Ministry
organized pursuant to Act No 70 of the of National Defense
Taft Commission. This has become the
basis for the celebration of the Post Martial Law Regime
anniversary of the Manila’s Finest every ➢ Executive Order No 1012 – transferred to
January 9th. the city and municipal government the
operational supervision and direction over
Act No 175 – entitled “An Act Providing for the all INP units assigned within their locality.
Organization and Government of an Insular ➢ Executive Order No 1040 – transferred the
Constabulary”, enacted on July 18, 1901 administrative control and supervision of
Act No 183 – Creation of the Manila Police the INP from the Ministry of National
Department (MPD), July 31, 1901. Defense to the National Police Commission.
Act No 255 – the act that renamed the Insular ➢ RA 6975 – otherwise known as the
Constabulary into Philippine Constabulary, Department of the Interior and Local
enacted on October 3, 1901 Government Act of 1990, enacted on
Executive Order 389 – ordered that the December 13, 1990; reorganized the DILG
Philippine Constabulary be one of the four and established the Philippine National
services of the Armed Forces of the Philippines, Police, Bureau of Fire Protection, Bureau of
enacted on December 23, 1940. Jail Management and Penology and the
Philippine Public Safety College
Post-American Period ➢ RA 8551 – otherwise known as the
➢ RA 4864 – otherwise known as the Police Philippine National Police Reform and
Professionalization Act of 1966, enacted Reorganization Act of 1998, enacted on
on September 8, 1966; created the February 25, 1998; this law amended
Police Commission (POLCOM) as a certain provisions of RA 6975
supervisory agency to oversee the ➢ R.A. 9708 =
training and professionalization of the
local police forces under the Office of PHILLIPINE NATIONAL POLICE
the President; later POLCOM was ➢ organized pursuant to RA 6975, as
renamed into National Police amended by RA 8551
Commission (NAPOLCOM) ➢ a law enforcement agency under the
operational control of the Department of
the Interior and Local Government and

18 | P a g e
 administrative supervision of the National DUTIES OF A PROSECUTOR
Police Commission ➢ to conduct preliminary investigation;
➢ it is an organization that is national in ➢ to make proper recommendation during
scope and civilian in character the inquest of the case referred to them
➢ headed by the Chief, PNP, with the rank of by the police after investigation of the
Director General suspect;
➢ to represent the government or state
OBJECTIVES OF LAW ENFORCEMENT/POLICE during the prosecution of the case
1. Crime prevention – the prevention and against the accused
suppression of crimes have traditionally
been accepted as the primary goal of the NATIONAL PROSECUTION SERVICE (NPS)
local police forces. ➢ the principal prosecutory arm of the
2. Criminal apprehension – it is a police government
responsibility to identify, locate and ➢ its primary task is to investigate and
apprehend offenders. prosecute all criminal offenses defined and
3. Law enforcement – it is the basic penalized under the Revised Penal Code
responsibility of the police to enforce the and other special laws
law. ➢ composed of the Office of the Chief State
4. Order maintenance – one of the most Prosecutor, the Regional State Prosecution
troublesome responsibilities of the police. Offices and the Provincial and City
Prosecution Office
5. Public service – because the police is the
➢ under the general supervision and control
most visible symbol of authority, they are
of the Secretary of the Department of
called upon to assist in situations like
Justice
location of lost persons or properties, to
➢ the Chief State Prosecutor is the head of
provide VIP, bank and funeral escorts and
the Prosecutorial Staff
other similar duties.
6. Traffic regulation and motor accident
PRELIMINARY INVESTIGATION
investigation – The police are expected to
➢ an inquiry or proceeding to determine
ensure road safety for both pedestrians
whether there is sufficient ground to
and motorists and assist in cases of road
engender a well-founded belief that a
accidents and emergencies.
crime has been committed and the
respondent is probably guilty thereof
SECOND PILLAR: PROSECUTION
➢ it is required to be conducted before the
filing of the information for an offense
PROSECUTION
where the penalty prescribed by law is at
➢ the course of action or process whereby
least four years, two months and one day
accusations are brought before a court of
(421)
justice to determine the innocence or guilt
of the accused
PROBABLE CAUSE
➢ in a criminal action, it is a proceeding
➢ the existence of such facts and
instituted and carried on by due course of
circumstances as would excite a belief in a
law, before a competent tribunal, for the
reasonable mind, acting on the facts within
purpose of determining the guilt or
the knowledge of the prosecutor, that the
innocence of a person charged with a
person charged is guilty of the crime for
crime
which he is prosecuted
➢ such facts and circumstances which would
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
lead a reasonably discreet and prudent
➢ one who prosecutes another for a crime in
man to believe that an offense has been
the name of the government; one who
committed by the person sought to be
investigates the prosecution upon which an
arrested
accused is arrested; one who prepares an
accusation against the party whom he
Pleadings
suspects to be guilty
➢ Refers to written allegation of the parties
➢ an officer of the government whose
to the case.
function is the prosecution of criminal
➢ Are the written statements of the
actions or suits partaking of the nature of
respective claims and defenses of the
criminal actions
parties submitted to the court for

19 | P a g e
 appropriate judgment (Rule 6, Sec 1, 3. The respondent shall submit his counter-
RC). affidavit and that of his witnesses within
ten (10) days from receipt of the
COMPLAINT subpoena. If the respondent cannot be
➢ a sworn, written statement charging a subpoenaed or if he failed to submit his
person with an offense, subscribed by the counter-affidavit within the prescribed
offended party, any peace officer or other period, the investigating prosecutor shall
public officers charged with the resolve the complaint based on the
enforcement of the law evidence presented by the
➢ may be filed either before the prosecutor’s complainant.
office or the court 4. The investigating prosecutor may set a
hearing if there are facts or issues to be
INFORMATION clarified. The hearing shall be held
➢ an accusation in writing charging a person within ten (10) days from the submission
with an offense subscribed by the fiscal of the counter-affidavit, or from the
and filed with the court expiration of the period of submission.
a. Such hearing shall be terminated
OFFENDED PARTY within five (5) days.
➢ the person against whom or against whose 5. Within ten (10) days after the
property the crime was committed investigation, the investigating
prosecutor shall determine whether or
PEACE OFFICERS not there is sufficient ground to hold the
➢ officers directly charged with the respondent for trial. The termination of
preservation of peace, law and order the hearing shall be the end of the
➢ includes members of the Philippine investigation.
National Police 6. If the investigating prosecutor finds
cause to hold the respondent for trial, he
PERSONS AUTHORIZED TO CONDUCT shall prepare the resolution and
PRELIMINARY INVESTIGATION (PNO’s) information. He shall forward the record
1. Provincial or city prosecutors and their of the case to the provincial or city
assistants (PCP) prosecutor or chief state prosecutor
2. Judges of the municipal trial courts and within five (5) days from his resolution.
municipal circuit trial courts (No longer a. If the investigating prosecutor
allowed) recommends dismissal of the
3. National and regional state prosecutors case, the same procedure shall
(NRSP) apply.
4. Other officers as may be authorized by b. The provincial, city or chief state
law: prosecutor shall act on the
➢ Tanodbayan’s special resolution within ten (10) days
prosecutors as authorized by the from receipt and shall
Ombudsman immediately inform the parties of
➢ COMELEC’s authorized legal such action.
officers in connection with c. No complaint or information may
election offenses be filed or dismissed by the
➢ Special prosecutors appointed investigating prosecutor without
by the Secretary of Justice prior written authority or approval
of the provincial or city or chief
PROCEDURE OF PRELIMINARY INVESTIGATION state prosecutor.
7. If the investigating prosecutor
1. There must be a complaint recommends the filing of the case but
accompanied by the affidavit of the the provincial, city or chief state
complainant and his witnesses as well as prosecutor disapproves and wants the
other supporting documents to establish case dismissed, the provincial, city or
probable cause. chief state prosecutor may dismiss the
2. The investigating prosecutor shall either case without need for another
dismiss the case or issue a subpoena to preliminary investigation.
the respondent within ten (10) days after a. If the investigating prosecutor
filing of the complaint. recommends dismissal of the

20 | P a g e
 case but the provincial, city or JURISDICTION
chief state prosecutor finds ➢ the power and authority of a court to hear,
probable cause, the provincial, try and decide cases
city or chief state prosecutor
may file the information with the KINDS OF JURISDICTION:
court without the need for 1. General – when the court is empowered
preliminary investigation. to decide all disputes which may come
8. In case either party is not satisfied with before it except those assigned to other
the findings of the provincial, city or courts.
chief state prosecutor, he may submit his 2. Limited – when the court has the
petition with the Secretary of Justice. authority to hear and determine only a
b. The Secretary of Justice has the few specified cases.
power to modify the resolution of 3. Original – when the court can try and
the provincial, city of chief state hear a case presented for the first time.
prosecutor. The Secretary may 4. Appellate – when the court can try a
affirm or reverse the resolution of case already heard and decided by a
the provincial, city or chief state lower court, removed from the latter by
prosecutor without conducting appeal.
another preliminary investigation. 5. Exclusive – when the court can try and
decide a case which cannot be
THIRD PILLAR: COURTS presented before any other court.
COURT 6. Concurrent – when any of two or more
➢ An organ of the government belonging to courts may take cognizance of a case.
the judicial department whose function is
the application of the laws to controversies BP 129 = otherwise known as the Judiciary
brought before it and the public for the Reorganization Act of 1980
administration of justice.
ORGANIZATION AND JURISDICTION OF THE COURTS
JUDICIARY
➢ that branch of the government which is SUPREME COURT
vested with judicial power ➢ composed of a Chief Justice and 14
➢ That branch of the government which is Associate Justice
empowered to interpret, construe and ➢ shall have administrative supervision over
apply the laws. all courts
➢ shall have the power to discipline judges of
JUDICIAL POWER the lower court
➢ The power to apply the laws to contests or ➢ shall have appellate jurisdiction over cases
disputes concerning legally recognized decided by the Court of Appeal
rights or duties of and between the state ➢ shall have the power of judicial review
and the private persons or between
individual litigants in cases properly COURT OF APPEALS
brought before the judicial tribunals. ➢ headed by a Presiding Justice
➢ Vested in one Supreme Court and in such ➢ has appellate jurisdiction over cases
lower courts . decided by the RTC
➢ has the power to order new trial
POWER OF JUDICIAL REVIEW
➢ the power of the Supreme Court to REGIONAL TRIAL COURTS
determine whether laws passed by ➢ presided by a Regional Judge
Congress and acts of the President are in ➢ has general jurisdiction over criminal
accord with the Constitution when the cases
matter is raised ➢ has jurisdiction over offenses punishable
with imprisonment of six years and one
JUDGE day and over
➢ a public officer so named in his ➢ has appellate jurisdiction over cases
commission and appointed to preside decided by the MTC, MTC and MCTC
over and to administer the law in a court
of justice

21 | P a g e
METROPOLITAN, MUNICIPAL TRIAL COURT, AND CONTENTS OF JUDGMENT
MUNICIPAL CIRCUIT TRIAL COURT
➢ Has jurisdiction over violation of city or JUDGMENT OF CONVICTION
municipal ordinances and offenses ➢ When the judge finds the accused guilty
punishable by imprisonment not of the charges against him
exceeding six years. ➢ The legal qualification of the offense
constituted by the acts committed by
SPECIAL COURTS the accused and the aggravating or
COURT OF TAX APPEALS mitigating circumstances which
➢ created under RA 1125 attended its commission
➢ composed of three (3) judges ➢ The participation of the accused in the
➢ has exclusive appellate jurisdiction to offense, whether as principal,
review on appeal decisions of the accomplice or accessory after the fact
Commissioner of the Bureau of Internal ➢ The penalty imposed upon the accused
Revenue involving internal revenue ➢ The civil liability or damages caused by
taxes and decisions of the Commissioner his wrongful act or omission to be
of the Bureau of Customs involving recovered from the accused by the
customs duties offended party unless the enforcement
of the civil liability by a separate civil
SANDIGANBAYAN action has been reserved or waived.
➢ created pursuant to PD 1606
➢ composed of fifteen (15) Justices JUDGEMENT OF ACQUITTAL
➢ tasked to handle criminal cases ➢ When the judge finds the accused not
involving graft and corruption and other guilty of the charges against him.
offenses committed by high- ranking ➢ Shall state whether the evidence of the
public officers and employees in prosecution absolutely failed to prove
connection with the performance of the guilt of the accused or merely failed
their functions to prove his guilt beyond reasonable
doubt.
SHARIA COURTS
➢ created pursuant to PD 1083, otherwise Rendition of Judgment= the writing of the
known as the “Code of Muslim Personal judgment by the judge.
Laws of the Philippines”
➢ created as part of the judicial system PROMULGATION OF JUDGMENT
➢ courts of limited jurisdiction known as the ➢ by reading in the presence of the accused
Sharia District Court are presided by and any judge of the court in which it was
District Judges rendered
➢ Sharia circuit trial courts are presided by ➢ if the judge is absent, the judgment may be
circuit judges promulgated by the clerk of court

DECISION FOURTH: CORRECTION

➢ the judgment rendered by a court of justice
or other competent tribunals Correction = is that branch of administration of
criminal justice charged with the responsibility
JUDGMENT for the custody, supervision and rehabilitation of
➢ the adjudication by the court that the convicted offenders.
accused is guilty or not guilty of the offense Penology = a branch of criminology which
charged and the imposition of the proper deals with the treatments, management and
penalty and civil liability administration of inmates.
➢ it must be written in the official language, Penalty = the suffering that is inflicted by the
personally and directly prepared by the state for the transgression of the law.
judge and subscribed by him
➢ shall contain clearly and distinctly a Theories Justifying Penalty
statement of the facts and the laws upon
which it is based ➢ Prevention – the state punishes the
criminal to prevent or suppress the
danger to the state and to the public

22 | P a g e
 arising from the criminal acts of the o Municipal Prisoner – one who is
offender. sentenced to serve a prison term
➢ Self-Defense – the State punishes the of one day to six months?
criminal as a measure of self-defense to
protect the society from the threat and According to fine:
wrong inflicted by the criminal. ➢ National or insular – one who is
➢ Reformation – the State punishes the sentenced to serve a prison term of
criminal to help him reform or be three years and one day to death or
rehabilitated. whose fine is more than 6,000.00, or
➢ Exemplarity – the State punishes the both.
criminal to serve as an example to ➢ City/Provincial prisoner – one who is
others and discourage others from sentenced to serve a prison term of six
committing crimes. months and one day to three years or
➢ Justice – the State punishes the criminal whose fine is less than P6, 000.00 but
as an act of retributive justice, a more than P 200.00, or both.
vindication of absolute right and moral ➢ Municipal prisoner – one who is
law violated by the criminal. sentenced to serve a prison term of one
day to six months or whose fine is not
Judicial Conditions of Penalty more than P200.00, or both.
➢ Judicial and legal – penalty must be
imposed by the proper authority and by According to Status
virtue of a judgment as prescribed by ➢ Detention prisoners – those held for
law. security reasons, investigation; those
➢ Definite – penalty must be specific and awaiting or undergoing trial and
exact. awaiting judgment.
➢ Commensurate – penalty must be ➢ Sentenced prisoners – those convicted
proportional to the gravity or seriousness by final judgment and serving their
of the crime committed. sentence.
➢ Personal – penalty must be imposed only
to the person who actually committed Prison – institutions for confinement of convicted
the crime with no substitutes. offenders sentenced to more than three (3)
➢ Equal – penalty must be applied to all years of imprisonment.
who committed the offense. ➢ derived from the Greco-Roman word
“presidio”
Prison law – basic law in the Philippines Prison ➢ Administered by the National
System found in the Revised Administrative Government under the Bureau of
Code. Corrections.
➢ Also called national prisons and also
Philippine Prison System – patterned after the US includes the penal colonies and penal
Federal Prison System. farms.
P.D. 29- the law that classified prisoners.
Jails – institutions for confinement of convicted
Classification of Prisoners offenders sentenced to imprisonment of three
➢ According to Sentence/place of (3) years or less.
confinement. ➢ Institution for the confinement of those
o National or Insular Prisoner – one still undergoing trial or awaiting
who is sentenced to serve a judgment.
prison term of three years and ➢ derived from the Spanish word “jaula”
one day to death. and “caula”
o Provincial Prisoners – one who is o Provincial jails are administered and
sentenced to serve a prison term supervised by their respective
of six months and one day to provincial governor.
three years? o City and municipal jails are
o City Prisoners – one who is administered and supervised by the
sentenced to serve a prison term Bureau of Jail Management and
of one day to three years? Penology.

23 | P a g e
Executive Clemency Granted to convicted offenders who have
➢ Collective term for absolute pardon, served a portion of their sentence as provided
conditional pardon, and commutation by law granted by the Board of Pardons and
of sentence. Parole.
➢ Granted by the chief Executive Officer
(President of the Philippines).

KINDS OF EXECUTIVE CLEMENCY (PARC)

Pardon – an act of grace proceeding from the

power entrusted with the execution of the laws
which exempts the individual on whom it is
bestowed from the punishment the law inflicts
for a crime he has committed.
➢ Granted by the President after
conviction by final judgment.
➢ Extinguishes only criminal liability but not
the civil liability.

Kinds of Pardon:
a. Absolute Pardon- the extinction of the
criminal liability of the individual to
whom it is granted without any
condition and restores to the individual
his civil rights.
b. Conditional Pardon - the extinction of
the criminal liability of an individual
from the punishment which the law
inflicts for the offense he has
committed, within certain limits or
conditions.

Commutation of Sentence - reduction of the

sentence, from a heavier sentence to a less
serious one, or from longer prison term to a
shorter one.
➢ Convicted offenders may only be
granted commutation of sentence after
serving a portion of their sentence as
provided by law.

Amnesty – an act of sovereign power granting

oblivion or general pardon for the past offense,
usually granted in favor of certain classes of
persons who have committed crimes of political
character, such as treason or rebellion.

Commutation of Sentence – reducing the

period of imprisonment into shorter period.

Reprieve – temporary suspension of the

execution of sentence.

Parole – a method by which a prisoner who has

served a portion of his sentence is conditionally
released but remains in legal custody, the
condition being that in case of misbehavior, he
shall put back to prison.

24 | P a g e