Notes Itc
Notes Itc
TO CRIMINAL
JUSTICE SYSTEM
CLJ1
COMPILATION
Compiled by:
JUAN, JOVAN L.
Instructor:
NGINSAYAN, MYLENE
INTRODUCTION TO
CRIMINAL JUSTICE SYSTEM
Lesson 1: Definition of Terms and Legal Classification of Crimes
DEFINITION OF TERMS:
1. Criminal-a person convicted of crime by final judgment
2. Crime-an act or omission punishable by law forbidding or commanding it.
c. According to gravity
Grave
Less-grave
Light felonies
The crime of rape which is originally defined as the crime against chastity under the
Revised Penal Code (Act no. 3815) but under the new law, it was a crime against person
and that there is no frustrated stage, only attempted and consummated.
JUSTICE
Justice-act of rendering what are due or treating persons equally. The fact of
criminal justice system that search for justice is based on perseverance. This means that
justice cannot be attained in just instant. Sometimes the victim and the accused may suffer
physically, emotionally and financially to find out later that their suffering are useless.
SYSTEM
The Criminal Justice System-is the machinery which the society uses in the
prevention and control of crime. It may also refer to the totality of activities of law
enforcement, prosecution, court, correction and the community in crime prevention
and control of crime.
1. Law Enforcement
They are the prime mover the criminal justice system since a case cannot be
initiated without as the frontline. They conduct arrest, search, seizure, and
investigation etc.
2. Prosecution
They are conducting preliminary investigation to determine the existence of
probable cause. They may also inquest proceeding to determine the validity of the
arrest of the person who allegedly commit a crime. If it finds out that there is a
probable cause in a preliminary investigation or if the arrest is valid in the inquest
proceeding, it may execute an information to be filed in court.
3. Court
The court conducts trial to determine whether the accused is is guilty or innocent of
a charge.
4.Correction
The pillars that reforms and rehabilitate offenders. This is known as the weakest
pillar of the criminal justice system because of its failure to perform its purpose.
5. Community
The one that molds persons from birth and reintegrates offenders back to their
home. This known as the core of the Criminal Justice System.
I. Lesson Proper:
The law enforcement is the prime mover of the criminal justice system that has
different activities in serving the public and the country. They are specifically in charge of
maintaining peace and order through the proper performance of their job as enforcers of
the law. They are considered as the public trust endowed with public faith, therefore, they
are required to maintain and show high degree of morality and ethical standards at all
times.
1. PREVENTION OF CRIME
This the activity of the police in preventing the root causes of crime either in a
reactive or proactive manner. In this line of activity, in the formula of crime, the police are
strengthening the resistance of the person and weakening the desire of the person in
committing crime.
3. APPREHENSION OF OFFENDERS
It refers to the arrest of offenders either by virtue of a warrant or without warrant
in cases of in flagrante delicto (caught in the act of committing a crime).
Arrest
It is defined as the personal taking of a person into custody in order that he may be
bound to answer for the commission of an offense. It is made by the actual restraint of the
person to be arrested or by his submission to the custody of the person making the arrest.
However, there are rules to be considered in conducting the arrest:
a. No violence or unnecessary force shall be used in making an arrest
b. The person arrested shall not be subject to a greater restraint than that necessary
for his detention.
c. 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.
d. The head of the office to whom the warrant of arrest was delivered for execution
shall cause the warrant to be executed within ten (10) days from its receipt. Within
ten (10) days after he expiration of the period, the officer to whom it was assigned
for execution shall make a report to the judge who issued the warrant. In case of
his failure to execute it, he shall the reason therefore;
Note:
The Warrant of Arrest has no expiration. It shall remain valid even how many years
has lapsed unless the person named on it died or was already arrested.
The most common overlooked matter in the conduct of arrest are those mentioned
above since it may be the reason for the dismissal of the case, not by reason of lack
of evidence but by technicality, improper performance of duty (malfeasance).
An arrest may be made at any time of the day and night. This is for the reason that
a person spotted on different location at any time may be arrested to avoid
possibility of escape especially if the suspect is at large.
As a rule, every arrest must be done by virtue of a warrant of arrest but there is an
exception to this rule which is the warrantless arrest or otherwise known as “citizen’s
arrest” an instance where a private person may conduct arrest. The circumstances of the
warrantless arrest to be valid are the following:
When in the presence of the arresting person, the person to be arrested has
committed, is actually committing or attempting to commit an offense;
When an offense has just been committed and the arresting person has probable
cause to believe based on personal knowledge of facts and circumstances that the
person to be arrested committed it; and
When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another (fugitive of justice).
In the conduct of arrest by virtue of a warrant, there are methods being followed by a
police officer. In making the said arrest:
The officer shall inform the person to be arrested of the cause of arrest and
the fact that a warrant has been issued for his arrest, except when he flees
or forcibly resist before the officer has opportunity to so inform him, or
when the giving of such information will imperil the arrest.
The officer need not have the warrant of arrest in his possession at the time
of arrest but after the arrest, if the arrested person so requires, the warrant
shall be shown to him as soon as practicable.
b. Unlawful arrest
This is committed by any person who in any case other than those authorized by law,
shall arrest or detain another for the purpose of delivering him to the proper judicial
authorities.
Note: If the arrest is not authorized by law and person arrested is delivered to any place
other aside from jail or police station, the arresting officer is liable for the crime of
Kidnapping.
If the arresting person detains the arrested person without legal ground, he may be liable
of either:
Illegal detention-if the detaining person is a private person
Arbitrary detention- if the detaining person is a public officer or employee
c. Expulsion
This is committed by any public officer or employee who, not being authorized by law,
shall expel any person from the Philippine islands or shall compel such to change his
residence.
Note: In serving a search warrant, it should be direct that it be served in the day time,
unless the affidavits asserts that the property is on the person or on the place ordered to
be search, in which case, a direction may be inserted that it be served at any time of the
day and night. In addition, a search warrant shall be valid within ten (10) days from its
date. After the lapse of ten days, its invalid unlike the warrant of arrest.
3. Plainview search
Illegal things at sight may be seized even without a warrant to do so. The things
must be readily seen without any effort of locating it. The following are its elements:
A prior valid intrusion based on valid warrantless arrest in which the police are
legally present in the pursuit of their official duties
The evidence was inadvertently discovered by the police who had the right to be
where they are
The evidence must be immediately apparent
The evidence must be seized without further search
Plain View Doctrine-It justifies a search without warrant where the police officer is not
searching for evidence against the accused, but inadvertently came across an incriminating
object.
The warrantless searches and seizures in the military and police checkpoints are not
illegal as these measures to protect the government and safeguard the lives of the people.
The checkpoints are legal as where the survival of the organized government is on the
balance, or where the lives and safety of the people are in peril. However, the Supreme
court clarified that the military and police officers manning the checkpoints must conduct
visual search only, not bodily search subject to some exemptions.
Note: A fishing vessel found to be violating fishery laws may be seized even without a
warrant on the following grounds:
Because they are unusually equipped with powerful motors that enable them to
elude pursuit
Because the seizure would be incidental to lawful arrest of the crew.
5. Customs search
The personnel of Bureau of Customs conduct search to enforce custom laws or to
regulate exports and imports.
a. Violation of Domicile
This is committed by a public officer or employee who, not being authorized by judicial
order, shall enter the dwelling against the will of the owner thereof; search papers or other
effects found therein without the previous consent of the owner or having surreptitiously
entered said dwelling and being required to leave said premise, shall refuse to do so.
5. INVESTIGATION OF CRIME
The investigation of crime as one of the job of police officers help in detecting,
apprehending and maintaining peace and order as well as in rendering justice to victims
and to the society. Investigation includes questioning of suspected person involved in
commission of crimes.
CUSTODIAL INVESTIGATION
This is the questioning initiated by a law enforcement officer after a person has
been taken into custody or otherwise deprived of his freedom of action in any significant
way. It 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. The following are the requisites of
custodial investigation:
The questions being asked are no longer general inquiry
The person being questioned is considered a suspect in the crime committed
The three tools of criminal investigation or otherwise known as the three I’s of
investigation
1. Information- knowledge which the investigator gathered and acquired from a source.
2. Interrogation- is the questioning of a person suspected of having committed an offense
or a person who is reluctant to make a full disclosure of information in his possession
3. Instrumentation- the application of instruments and methods of physical science to the
detection of crime.
THE PROSECUTION
COMPOSED OF:
1. National Prosecution service (NPS-DOJ)
2. Office of the Special Prosecutor (OSP)
3. Office of the Ombudsman
4. Judge Advocate General’s Office (JAGO)
Definition of terms:
A. INQUEST PROCEEDING
A proceeding done by the inquest prosecutor to determine the validity of a
warrantless arrest. This is very summary in nature which may be done by an
informal interview with the arresting officer and/or the arrested person.
Inquest proceeding and the filing of the information must be done within the
specified time limit for the crime committed.
a. Arrest is invalid
-the prosecutor may order the release of the arrested person upon signing a
promise to appear which an agreement between the prosecutor and the arrested
person that the latter must voluntary show himself whenever required to do so to
make some clarification relative to his arrest.
B. PRELIMINARY INVESTIGATION
An inquiry held for the purpose of ascertaining whether or not probable cause is
present.
It is intended to secure the innocent against hasty, malicious and oppressive
prosecution and to protect him from an open and public accusation of crime.
It is further intended to protect the state from useless and expensive trial.
Preliminary investigation is required when the imposable penalty for the crime
charged is at least 4 years, 2 months and 1 day (4:2:1) imprisonment without regard to the
fine.
1. Filing of complaint-shall be in copies base on the number of respondents plus the two
copies for the official file. Complaint to be filed shall be accompanied by:
Affidavit of complainant and his witnesses
Other supporting documents to establish the probable cause
The respondents shall not be allowed to file a motion to dismiss in lieu of counter
affidavit. If the respondents cannot be subpoenaed or if subpoenaed but does not submit
his counter-affidavit within the 10-day period, the investigating officer shall resolve the
complaint based on evidence presented by the complainant.
4. Clarification
Within 10 days from filing counter-affidavit by the respondent, the investigating
officer may set a date from hearing but without the right to examine or cross-examine.
They may however submit to the investigating officer questions which may be asked to the
party or witness concerned.
Clarification shall be terminated within 5 days.
5. Issuance of resolution
This is to be issued within 10 days from termination of investigation or clarification. After
the investigation, the investigating officer shall:
Prepare a resolution and information if he finds cause to hold the respondent for
trial.
Recommend the dismissal of the complaint if he finds no cause to hold the
respondent for trial.
THE COURT
COURT
It is a body in the government to which the public administration of justice is
delegated.
It is a tribunal officially assembled under authority of law for the administration of
justice through which the government enforces its sovereign rights and powers.
It is an entity or body in which a portion of judicial power is vested.
It exists for one solemn end-to administer justice and thus promote the unity of the
country, the stability of the government and the well-being of the people.
JUDGE
A public officer appointed to preside over and to administer the law in a court of
justice
An arbiter of the law to whom people seek to apply the law in their causes
The appointment to the office and his admission to the bar is a guaranty that he is
mentally and morally fit to pass upon the merits of a case.
to the average citizens, a judge is beholden as a person whose way of life and way of
thinking has been molded within the confines of the law and justice.
is expected to be deserving of the trust and confidence which the public necessarily
must have in his person.
It is the power vested in courts by the constitution to hear and decide cases and
interpret laws, and to invalidate unconstitutional legislation and executive actions. It shall
be vested in the Supreme Court and in such inferior courts.
A. REGULAR COURTS
COMPOSITION:
1 Chief Justice;
1 Senior Associate Justice and
13 Associate Justices.
DEFINITION OF TERMS
1. Petitions for Certiorari-
2. Prohibition-
3. Mandamus-
4. Quo Warranto-
5. Habeas corpus-
3. May order the change of venue of trial to avoid the miscarriage of justice
7. Rule-Making Power
The Supreme Court may promulgate rules on the following:
a. Writ of Amparo – the rule promulgated by the SC for the protection and enforcement
of constitutional rights of a person.
b. Pleading, practice and procedures in all courts- the Rules of Court is being revised
every now and then by the SC.
c. Administers the annual BAR exam
A. REGULAR COURTS
1. SUPREME COURT
It is referred to by its colloquial name as Korte Suprema, is the highest court in the
Philippines.
The Constitution of the Philippines vests judicial power in one Supreme Court and such
lower courts as may be established by law. [Section 1, Art. VIII, 1987 Constitution).
The Supreme Court is composed of one Chief Justice and fourteen Associate Justices,
all of whom are appointed by the President from a list of recommendees presented by
the Judicial and Bar Council.
The members of the Supreme Court serve during good behavior until they reach the
age of 70 or unless removed by impeachment for any of the grounds provided by the
Constitution.
B. SPECIAL COURTS
Created by PD 1606 (law that created Sandiganbayan, dated Dec 10, 1978)
Known as the Anti-Graph Court.
SB sits in division of 3 justices each.
Takes cognizance over cases involving public officers and employees charged with
graft and corruption.
It has original and appellate jurisdiction.
COMPOSITION:
1 Presiding justice
8 Associate justices.
Created by virtue of R.A 1125 (law that created Court of Tax Appeals on June 16, 1954)
as amended by RA 9282 on March 30, 2004 and took effect on April 23, 2004.
Court of special appellate jurisdiction.
Review on appeal decisions of the:
1. Commissioner of BIR involving internal revenue taxes, and
2. Commissioner of Bureau of Customs involving customs duties.
COMPOSITION:
1 Presiding judge
5 Associate Judges
Created by virtue of R.A 8369 (Family Courts of 1997) approved on Oct. 28, 1997
It has only original jurisdiction and no appellate jurisdiction.
Take cognizance over cases involving family members and minors
An RTC may be designated as a Family Court in every Region.
5. SHAR’IA COURTS
Courts of limited jurisdiction.
Created under the Code of Muslim Personal Laws of the Philippines.
Take cognizance over cases involving domestic and contractual relations among
Muslim citizens in Mindanao provinces.
C. QUASI-JUDICIAL AGENCIES
These are the administrative bodies under the executive branch of the government
performing quasi-judicial functions.
1. National Labor Relations Commission (NLRC)
2. Land Transportation Franchising and Regulatory Board (LTFRB)
3. Civil Service Commission
4. Commission of Election
5. Bureau of Customs
6. Court Martial
7. Peoples Law Enforcement Board (PLEB)
8. National Commission on Indigenous People (NCIP)
NOTE:
Private Prosecutor may be authorized in writing by the Chief of the Prosecution
Office or Regional State Prosecutor to prosecute the case subject to the approval of the
court.
COURT JURISDICTIONS
1. General – empowered to decide all disputes, except those assigned to other courts.
2. Limited – has authority to hear and decide on few specified cases.
3. Original – try and decide a case for the first time.
4. Appellate – try/review and decide case already heard and decided by lower court.
5. Exclusive – try and decide a case which cannot be presented to other courts.
6. Concurrent–2 or more courts may take cognizance of a case.
7. Criminal – it exists for the punishment of a crime.
8. Civil – it exists when the matter is not a criminal offense.
Forum Shopping
It is the practice filing similar cases in different courts to choose the most favorable
jurisdiction or court
COURT PROCEEDINGS
Others instances when the plea of not guilty shall be entered to the accused:
when the accused refuses to plead
when he makes a conditional plea of guilty
when he pleads guilty but presents exculpatory evidence
exculpatory evidence- presented by the accused to set him free
2. Pre-trial - this is an informal trial which precedes the regular trial. Primarily intended
to expedite the proceeding. This is done through a Pre-Trial Conference conducted
by the court.
Plea bargaining
Stipulation of facts
Marking documentary evidence
Waiver of objection to the admissibility of evidence
Modification of the order of trial
Other matters regarding the criminal and civil aspects of the case
Bail
Security given for the release of a person in custody of law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the
following conditions:
Undertaking effective upon approval and remains in force at all stages until
promulgation of judgment, unless sooner cancelled
Accused shall appear before court when required
Failure to appear despite notice to him or the bondsman will waive his right to be
present and trial shall proceed in absentia
Bondsman shall surrender accused for execution of judgment
Bail applies to all persons detained, not just to those charged with the offense ( Herras
vs. Teehankee)
Court has power to prohibit person out on bail from leaving the country ( Manotoc, Jr.
vs. CA)
Bail implies delivery of the accused to the sureties who, though not holding him
prisoner, may seize him and imprison him until they can deliver him to court ( US vs.
Bonoan)
Forms of Bail
1. Corporate Surety – furnished by a bondsman that is habitually engaged in
business of furnishing bonds in civil actions.
2. Cash Bond – the most common form of bail.
3. Property bond – an undertaking constituted as a lien on the real property given as
a security for the amount of bail.
4. Recognizance – the contract between the sureties and the state for the
production of the principal at the required time.
GENERAL RULE:
All persons are entitled to bail as a matter of right, except those charged with capital
offenses.
Right to bail traditionally unavailable to military personnel facing court martial, who are
not in the same class as civilians (Comendador vs. de Villa)
Bail should be available regardless of other circumstances or the merits of the case, if
the health or the life of the detainee is in danger ( Dela Rama vs. People's Court)
Excessive bail is tantamount to denial of bail, which is unconstitutional ( Dela Camara
vs. Enage)
Provisional liberty under same circumstances but during period to appeal subject to
consent of bondsman
In case he has applied for probation after final judgment, he may be allowed
temporary liberty under his bail or recognizance
When bail is discretionary? (application filed with court where case is pending)
Upon conviction by RTC of an offense not punishable by death, reclusion perpetua
or life imprisonment
NOTE:
The Philippine Justice System adopts both Systems
Legend:
--------------Petition for certiorari
Ordinary Appeal
……………..Petition for Review
Petition for Review on certiorari
SUPREME
SANDIGAN
BAYAN
QUASI-JUDICIAL
CSC, CTA
MeTC, MTCC,
MTC, MCTC
Prescription of crime
It is the forfeiture or loss of the right of the State to prosecute the offender after
the lapse of a certain time fixed by law
Prescription of penalty
It is the loss or forfeiture of the right of the government to execute the final
sentence after the lapse of a certain time fixed by law.
2. Pre – trial - an informal trial which precedes the regular trial. Primarily intended to
expedite the proceeding. This is done through a Pre-Trial Conference conducted by
the court.
Plea bargaining
Stipulation of facts (specification)
Admission of facts
Marking documentary evidence - Prosecution 123;
- Defense ABC
Waiver of objection to the admissibility of evidence
3. Trial - the formal investigation of the matter in issue with respect to the action before a
competent court for the purpose of determining such issue that involves the guilt or
innocence of the accused.
4. Judgment - the adjudication by the court that the accused is guilty or not guilty.
It must be written in the official language,
Personally and directly prepared and signed by the judge.
Must contain legal bases of decision
5. Appeal - the whole case is elevated to a higher court for review and final adjudication.
Within 15 days – period of entering appeal from the date of promulgation.
After 15 days – the decision shall be Final and Executory
Summary Code
APTriJA
Arraignment
Pre-trial
Trial
Judgment
Appeal
THE CORRECTION
CORRECTION
The fourth pillar of the CJS but the weakest because of its failure to reform and
rehabilitate offenders and prevent them from returning to criminal life which is its sole
purpose.
THEORIES IN CORRECTION
1. Classical theory-men have the absolute free will to choose between good and
evil so they are liable for the consequences of their acts. This is also known as the
free-will theory which was established by Cesare Beccaria
2. Neo-classical theory-states that since insane and minor do not know the
consequences of their acts, they must not be liable for the crimes they may
commit
3. Positivist theory-criminals shall be treated like patients in the hospital instead of
punishing them. It is also known as Italian theory established by Cesare Lombroso.
4. Eclectic theory-combination of the beneficial aspects of Classical, Neo Classical
and Positivist theory which we have adapted.
CLASSIFICATION OF CORRECTION
1. Institutional correction-deals with ails, prisons, colonies where a convict is going
to serve the sentence.
2. Non-institutional correction-deals with service of sentence of a convict outside
an institution, it is also known as a community-based-treatment for a convict is
going to serve his sentence in the community by way of probation, parole or other
means.
3 AIMS OF CORRECTION
1. To provide judges with more options to deal with offenders through the use of
probation, fines, commitment to community treatment centers, pre-trial release and
other measures short of imprisonment
2. To improve conditions in prisons and jails including decongestion, improved
housing, more effective medical, educational, vocational training and rehabilitation
program services
3. Establishing an integrated correctional system that will ensure the development of a
unified philosophy of treatment, implementation of uniform standards and policies,
efficient delivery of services to offenders while at the same time protecting the
interest and welfare of the society.
Correctional services in the Philippines are primarily the responsibility of the Bureau
of Prisons under the Department of Justice. In the strategy of social defense in the
Philippines, the Bureau of Prisons is entrusted with 2 broad goals
1. Separate from society persons who by their acts have proven themselves dangerous
to society
2. Strive at the correction of prisoners with the hope that when they return to society,
they shall be liable to live a normal well adjusted, self-supporting and useful lives as
useful law abiding citizens.
PRISON
CATEGORIES OF INMATES
A. PRISONERS
a person who is under the custody of lawful authority who is by reason of his
criminal sentence or by decision issue by court, maybe deprived of his liberty of
freedom
any persons detained/confined in jail or prison for the commission of a criminal
offense or convicted by final judgment and serving in a penal institution
B. DETAINEES
Undergoing investigation
Awaiting or undergoing trial
Awaiting final judgment
PENAL COLONIES
Probation
A disposition under which a defendant, after conviction and sentenced, is released
subject to conditions imposed by the court imposed by the court and under the supervision
of a probation officer.
PARDON
Kinds of Pardon
1. Absolute pardon- given without any condition attached. It does not however,
operate to restore the right to hold public office or the right of suffrage, unless such
rights are expressly restored by the terms of pardon. It becomes effective once if it
is granted and there is no need for the offender to accept it.
NOTE:
Pardon exist to afford relief from undue harshness or evident mistakes in the
operation or enforcement of criminal law
Effects of Pardon
a. Removes penalties and disabilities and restores a person of his full civil capacity and
political rights
b. Does not discharge the civil liability of the convict to the individual he has wronged
as the president has no power to pardon a private wrong
c. It does not restore offices, property or rights vested in others in consequences of
conviction unless it is specified by the terms of pardon
AMNESTY
An act of sovereign power granting oblivion or general pardon for a past offense
usually granted in favor of certain classes of persons who have committed crimes of a
political character such as treason, sedition and rebellion.
Effect of Amnesty
It abolishes and puts into oblivion the offense of which one is charged, so that the
person released by amnesty is considered as if he did not commit any offense.
PARDON AMNESTY
c. given only when the person is convicted c. maybe granted before trial or during
investigation
NOTE:
Any person claiming that pardon has been granted must prove it in court.
REMISSION
PAROLE
The penalty imposed by courts is not of specific number of years, months and days.
It is composed of minimum and maximum periods. If a convict already served the
minimum period, he is eligible for parole.
a. accused need not serve his minimum a. accused must serve the minimum term
sentenced of his sentenced
b. the granting authority is the president b. the granting authority is the Board of
Pardon and Parole
These are the temporary stay or postponement of sentence. Especially when the
purpose of reprieve or suspension of sentence is to save life. By postponing the execution
of a convict, the president is given an opportunity to extend his commutation or pardon or
the congress is given an opportunity to enact laws favorable to the convict.
REPRIEVE SUSPENSION
COMMUTATION
An act of the President reducing the penalty of a certain convict. The example of
this is if the penalty imposed is death it will be reduced to life imprisonment or reclusion
Perpetua by the President.
Effects of civil Interdiction-It deprives the offender during the time of his sentence of
the rights on-
a. Parental authority
b. Guardianship either as to the person or property of the ward
c. Marital authority
d. Right to manage his property
e. Right to dispose of such property by any act or any conveyance inter vivos
NOTE:
At any time during the period of imprisonment, he shall be allowed another
deduction of 15 ads in addition to the above mentioned for each month of study teaching
or mentoring service time rendered.
Those who fail to give themselves to the authorities are liable for the crime of
evasion of service of sentence in the occasion of disorders, conflagrations, earthquakes or
other calamities.
NOTE:
The convicts under the circumstances, mentioned above who shall give themselves
up to the authorities within the mentioned period shall be entitled to the reduction of 1/5 of
the period of his sentence.
In case however, such prisoner chooses to stay in the place of his confinement
notwithstanding the existence of a calamity or catastrophe enumerated in Art. 158 of RPC,
a deduction of 2/5 of the period of his sentence shall be granted.
Recidivism
A habituality where accused at the time of his trial for an offense have been previously
convicted by final judgment of a crime embraced in the same title of RPC.
Reiteracion
A habituality where the offender has been previously punished for an offense which the
law attaches an equal or greater penalty ow when he has been previously been punished
for two or more crimes previously to which the law attaches a lighter penalty.
Quasi-Recidivism
A habituality where a person who before serving sentence or while serving sentence
commits another felony.
Habitual Delinquency
A habituality where within 10 years from the date of last conviction or last release of a
person for any of the crimes of serious physical injury, less serious, theft, robbery, estafa
or falsification, he is found guilty the third time or oftener.
THE COMMUNITY
COMMUNITY
The term community when applied in the Criminal Justice System is not limited to
persons. It includes homes, family, government school churches, etc. It is the 5 th pillar and
known as the core of the CJS.
A community may also refer to the local government, together with the society of
individuals or institutions, both public and private in which a child lives.
The prevention and control of crime is not the sole responsibility of the government,
particularly the four pillars of the CJS. It is also the duty of the society and very member of
the community to prevent crimes especially in correcting persons committing petty crimes
for them not to be hardened criminals.
Duties of the community in the insurance of the full enjoyment of the right of
every child to live in a society that offers or guarantees his safety, health good
moral environment and facilities for his wholesome development.
1. Bring about healthy environment necessary for the healthy growth of children and
the enhancement of their physical, mental and spiritual well-being.
2. Help institutions of learning whether public or private, achieve the fundamentals
objective of education.
3. Organize and encourage movement activities for the furtherance of the interest of
children and youth.
4. Promote the establishment and maintenance of adequately equipped playgrounds,
parks and other recreational facilities.
5. Support parent education program by encouraging its members to attend and
actively participate therein
6. Assist the state in combating and curtailing juvenile delinquency in rehabilitating
wayward children
7. Aid in carrying out special projects for the betterment of children in the remote
areas or belonging to cultural minorities or those who are out of school
8. Cooperate with public and private child welfare agencies in providing care, training
and protection to destitute, abandoned, neglected, abused, handicapped and
disturbed children.
HOME
It is defined as the cradle of human personality. It is a haven of peace and refuge
and where the fundamental values of courage, honesty and integrity are taught and
encouraged. It is also where children are brought up with the strength to make a difference
and make the change they seek in this world.
Marriage
Marriage is a special contract of permanent union between a man and a woman entered
into in accordance with law for the establishment of conjugal and family life.
It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlement may fix the property relations during the marriage within the
limits provided by the Family Code.
2 Aspects of Marriage
1. It is a special contract
2. It is a status or a relation or an institution. As a status, the principle in contracts that the
parties may, by mutual agreement, put an end to it, cannot certainly apply, for the
consequences of the marriage are fixed by law.
Principles of Marriage
1. Union – Physical and spiritual mating
2. Of one man with one woman – This is monogamy, which is the ideal marriage.
3. Reciprocal Blessing – marriage is a 50-50 proposition
4. Birth – One purpose of marriage is the procreation of children.
5. Rearing – The care of both parents is essential.
6. Education of Children -- It is the natural right of parents to educate their children.
b. Any priest, rabbi, imam or minister of any church or religious sect duly authorized by his
church or religious sect and registered with the civil registrar general, acting within the
limits granted to him by his church and provided that one of the contracting parties belongs
to the solemnizing officer’s church or religious sect.
c. Any ship captain or airplane chief only in cases of articulo mortis. A marriage in articulo
mortis between passengers or crew members may also be solemnized not only while the
ship is at sea or the plane in flight, but also during stopovers at ports of call.
d. Any military commander of a unit to which a chaplain is assigned, in the absence of the
latter, during a military operation. A military commander of a unit who is a commissioned
officer, shall likewise have the authority to solemnize marriages in articulo mortis between
persons within the zone of military operation, whether members of the armed forces or
civilians.
f. Under the Family Code, governors, mayors and ambassadors are not authorized to
perform marriages. However, under the Local Government Code, mayors are now
authorized to perform marriages within their jurisdiction.
a. Marriage in Articulo Mortis. In case either or both of the contracting parties are at
the point of death, the marriage may be solemnized without the necessity of a marriage
license and shall remain valid even if the ailing party subsequently survives.
b. Marriage in remote places. If the residence of either party is so located that there is
no means of transportation to enable such party to appear personally before the local civil
registrar.
N.B:
The absence of any of the essential or formal requisites shall render the marriage void
ab initio.
A defect in any of the essential requisites shall render the marriage voidable.
An irregularity in the formal requisites shall not affect the validity of the marriage but the
party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable.
a. Polyandry- This refers to the marriage of one woman to two or more men.
b. Polygyny- This refers to the marriage of one man to two or more women.
NOTE:
In a state that practices marital monogamy like the Philippines, bigamy is a crime.
Bigamy in the general sense, is the act or condition of person contracting subsequent
marriage even if he is already married to another.
In the Philippines, the crime of bigamy is committed by any person who shall
contract a second or subsequent marriage before the former marriage has been legally
dissolved or the absent spouse has been declared presumptively means of judgment
rendered in the proper proceedings.
1. FAMILY
The most important agent in socialization. It is the most influential role and has a special
responsibility. It is the most influential in the life of a child. It is also in the family that the formative
years and development of the self and one’s personality have its crucial undertakings. From the
family the child is given care, emotional support, medical attention, shelter, education and other
basic support needs.
It is the basic social group that is united by blood (Consanguinity) and Marriage (Affinity); one that
generally lives together and participates in economic cooperation; provides security, socialization and
companionship; and aids in reproduction and preservation of the human race. It is the most universal
social institution.
The State recognizes the sanctity of family life and shall protect and strengthen family as a basic
autonomous social institution. It shall equally protect the life of the unborn from conception.
The State recognizes the vital role of the youth in nation-building and shall promote and protect their
physical, moral, spiritual, intellectual and social well-being.
Consequently, family relations are governed by law and no custom, practice or agreement destructive
of the family shall be recognized or given effect.
Family relations include those between husband and wife; between parent and children; and among
brothers and sisters, whether full or half-blood.
2. SCHOOL-a formal agent of socialization. Children weaned from home are then introduced into the
society. It is in the school where emotional and intellectual growths are formally forged. Here, they
learned the basic formal instruction in the 5 RS of education which are Reading, Writing, Arithmetic,
Rational thinking and Right conduct.
From this agency, the child is gradually equipped to take on various roles in the society. The
schools are responsible in implanting various fields of knowledge to prepare the children for adulthood
and become productive, effective and responsible citizens.
3. PEERS- are another very potential agent of socialization. As the child grows, the role of the family
in socialization is gradually supplemented and at times replaced by the peer group. The peer group is
an informal grouping of 2 or more individuals about same age levels, neighborhood, school or friends.
Others call peer groups a gang or commonly called “barkada”. This is a group where parents have no
controls. Considering that they belong to about same age level, they have their own “culture” and
“language” distinct to them. A strong sense of camaraderie or belongingness pervades their
relationship.
In a peer group, one can observe that the group has no definite set of objectives or goals
except companionship. The depth of relationship is expressed in the values of pakikisama, damayan
or utang na loob.
4. MASS MEDIA- maybe in the form of print, broadcast or electronic. Thus almost every one could be
reached and influenced due to its tri-media system. The mass media is a socializing agent primarily to
inform, entertain and educate. It covers a wild filed of interest and the whole society is its audience,
that is from children to adults.
The influence of mass media could be either be good or bad. That is why one will notice that
there are media materials labeled as for general audiences, restricted or for adults only as the case
maybe. On TV shows for example, programs specifically designed for children have specific time slots
while those that are strictly for adults have different schedules.
5. RELIGION-is an agent of socialization that can assist in giving a society a sense of direction. Morals
and values which are inherent in religion can give guidance about what is appropriate in terms of roles
and behaviors of a society or individual. It is taught for instance, “honor your father and your mother”
and likewise concretely expressed in the family by way of “mano po”’ and similar ways of showing
respect in school to our teachers who are acting as parents in school.
6. GOVERNMENT-The organization or agency through which a political unit exercises its authority,
controls and administers public policy, and directs and controls the actions of its members or subjects.
3 inherent powers:
1. Power of taxation
2. Power of eminent domain
3. Police power
Composition:
1. Executive - president is the chief executive
2. Judiciary - in the administration of justice and imposition of penalty
3. Legislative - enactment and proposal of laws
a. House of representatives
b. Senate
CHAPTER VII
Katarungang Pambarangay
Section 399. Lupong Tagapamayapa. -
(a) There is hereby created in each barangay a lupong tagapamayapa, hereinafter referred to
as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty (20)
members. The lupon shall be constituted every three (3) years in the manner provided herein.
College of Criminal Justice Education
Introduction to Criminal Justice System 33 | P a g e
(b) Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impartiality, independence of mind, sense of
fairness, and reputation for probity, may be appointed a member of the lupon.
(c) A notice to constitute the lupon, which shall include the names of proposed members who
have expressed their willingness to serve, shall be prepared by the punong barangay within the
first fifteen (15) days from the start of his term of office. Such notice shall be posted in three
(3) conspicuous places in the barangay continuously for a period of not less than three (3)
weeks;
(d) The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointment as may have been made within the
period of posting, shall within ten (10) days thereafter, appoint as members those whom he
determines to be suitable therefor. Appointments shall be in writing, signed by the punong
barangay, and attested to by the barangay secretary.
(e) The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office; and
(f) In barangays where majority of the inhabitants are members of indigenous cultural
communities, local systems of settling disputes through their councils of datus or elders shall be
recognized without prejudice to the applicable provisions of this Code.
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until a new lupon is constituted on the third
year following his appointment unless sooner terminated by resignation, transfer of residence or place
of work, or withdrawal of appointment by the punong barangay with the concurrence of the majority of
all the members of the lupon.
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the punong barangay
shall immediately appoint a qualified person who shall hold office only for the unexpired portion of the
term.
Section 402. Functions of the Lupon. - The lupon shall:
(a) Exercise administrative supervision over the conciliation panels provided herein;
(b) Meet regularly once a month to provide a forum for exchange of ideas among its members
and the public on matters relevant to the amicable settlement of disputes, and to enable
various conciliation panel members to share with one another their observations and
experiences in effecting speedy resolution of disputes; and
(c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently serve as the
secretary of the lupon. He shall record the results of mediation proceedings before the punong
barangay and shall submit a report thereon to the proper city or municipal courts. He shall also receive
and keep the records of proceedings submitted to him by the various conciliation panels.
Section 404. Pangkat ng Tagapagkasundo. -
(a) There shall be constituted for each dispute brought before the lupon a conciliation panel to
be known as the pangkat ng tagapagkasundo, hereinafter referred to as the pangkat, consisting
of three (3) members who shall be chosen by the parties to the dispute from the list of
members of the lupon.
Should the parties fail to agree on the pangkat membership, the same shall be determined by
lots drawn by the lupon chairman.
(b) The three (3) members constituting the pangkat shall elect from among themselves the
chairman and the secretary. The secretary shall prepare the minutes of the pangkat
proceedings and submit a copy duly attested to by the chairman to the lupon secretary and to
the proper city or municipal court. He shall issue and cause to be served notices to the parties
concerned.
The lupon secretary shall issue certified true copies of any public record in his custody that is
not by law otherwise declared confidential.
Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen by the parties to
the dispute from among the other lupon members. Should the parties fail to agree on a common
choice, the vacancy shall be filled by lot to be drawn by the lupon chairman.
Section 406. Character of Office and Service of Lupon Members. -
(a) The lupon members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.
(b) The lupon or pangkat members shall serve without compensation, except as provided for in
Section 393 and without prejudice to incentives as provided for in this Section and in Book IV of
this Code. The Department of the Interior and Local Government shall provide for a system of
(d) Issuance of summons; hearing; grounds for disqualification - The pangkat shall convene not
later than three (3) days from its constitution, on the day and hour set by the lupon chairman,
to hear both parties and their witnesses, simplify issues, and explore all possibilities for
amicable settlement. For this purpose, the pangkat may issue summons for the personal
appearance of parties and witnesses before it. In the event that a party moves to disqualify any
member of the pangkat by reason of relationship, bias, interest, or any other similar grounds
discovered after the constitution of the pangkat, the matter shall be resolved by the affirmative
vote of the majority of the pangkat whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or resolution of
the dispute within fifteen (15) days from the day it convenes in accordance with this section.
This period shall, at the discretion of the pangkat, be extendible for another period which shall
not exceed fifteen (15) days, except in clearly meritorious cases.
Section 411. Form of settlement. - All amicable settlements shall be in writing, in a language or
dialect known to the parties, signed by them, and attested to by the lupon chairman or the pangkat
chairman, as the case may be. When the parties to the dispute do not use the same language or
dialect, the settlement shall be written in the language known to them.
Section 412. Conciliation. -
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or proceeding
involving any matter within the authority of the lupon shall be filed or instituted directly in court
or any other government office for adjudication, unless there has been a confrontation between
the parties before the lupon chairman or the pangkat, and that no conciliation or settlement has
been reached as certified by the lupon secretary or pangkat secretary as attested to by the
lupon or pangkat chairman or unless the settlement has been repudiated by the parties thereto.
(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the
following instances:
(1) Where the accused is under detention;
(2) Where a person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;
(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support pendente lite; and
(4) Where the action may otherwise be barred by the statute of limitations.
(c) Conciliation among members of indigenous cultural communities. - The customs and
traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.
Section 413. Arbitration. -
(a) The parties may, at any stage of the proceedings, agree in writing that they shall abide by
the arbitration award of the lupon chairman or the pangkat. Such agreement to arbitrate may
be repudiated within five (5) days from the date thereof for the same grounds and in
accordance with the procedure hereinafter prescribed. The arbitration award shall be made
after the lapse of the period for repudiation and within ten (10) days thereafter.
(b) The arbitration award shall be in writing in a language or dialect known to the parties. When
the parties to the dispute do not use the same language or dialect, the award shall be written in
the language or dialect known to them.
Section 414. Proceedings Open to the Public; Exception. - All proceedings for settlement shall be
public and informal: Provided, however, That the lupon chairman or the pangkat chairman, as the case
may be, may motu proprio or upon request of a party, exclude the public from the proceedings in the
interest of privacy, decency, or public morals.
Section 415. Appearance of Parties in Person. - In all katarungang pambarangay proceedings, the
parties must appear in person without the assistance of counsel or representative, except for minors
and incompetents who may be assisted by their next-of-kin who are not lawyers.
Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a final judgment of a court upon the expiration of
ten (10) days from the date thereof, unless repudiation of the settlement has been made or a petition
to nullify the award has been filed before the proper city or municipal court.
However, this provision shall not apply to court cases settled by the lupon under the last paragraph of
Section 408 of this Code, in which case the compromise or the pangkat chairman shall be submitted to
the court and upon approval thereof, have the force and effect of a judgment of said court.
RESTORATIVE JUSTICE
This model integrates the traditional rehabilitative philosophy of the juvenile courts with increasing
societal concern about victim’s rights and community safety.
Restorative justice programs attempt to make offenders more accountable by having them make
amends to the victims and community, while at the same time improving their competency
development by changing their behavior and improving functional skills.
1. Crime is an act against the state 1. crime is against another person in the
community
2. Criminal justice system control crime 2. Crime control lies primarily in the
community
4. Crime as an individual act with individual 4, crime has both ends and social
responsibility dimensions of responsibility
6. Victims are peripheral to the process 6. Victims are central to the process of
resolving a crime