INTRODUCTION


The view of criminal justice as a system is important for our
understanding of the place of the corrections in it, but we must
recognize that the system does not necessarily operate in a smooth,
orderly manner with the accused persons entering upon arrest and
henceforth moving briskly toward the disposition of their case.
 The realities of the administration of justice lead many people to
believe that it is not a system at all, because the well-oiled machine
implied by the word “system” is not just there: the part are not
functioning as the organization chart of rules specify. But social
scientist know that systems depart from formally stated goals and
procedures as various types of political, individual, and
organizational influences are brought into play. And the
criminal justice system-loose confirmation of agencies at all levels of
the government that together provide the means by which offenders
are apprehended, tried and punished- is susceptible to a multitude
of such influences.
Crime and Society in the Philippines

Criminologists have accepted that

criminalistic tendency and behavior could be influenced
by social condition.
This one factor seems to account
largely for the crime rate situations in the Philippines,
although crimes committed are invariably associated
with some contributing factors such as economic,
cultural influence, environment, social conditions and
individual personal temperaments.
Crime committed irrespective of the
individuals personal circumstances is an uncontrollable
force resulting from the advancement of social life at
a given time and place.
System Characteristics
O As a system, criminal justice is made up of a
set of interesting parts-that is, all the
institution and processes by which decisions
are made, for criminal justice to achieve its
goals, each part must make its own
contribution. None can function without some
degree of contract with at least one other part.
To group what it is that they do, we must look
at their relationship with another: the police
with prosecution, probation officers with
judges.
 Plea bargaining between a prosecutor and the
defendant is probably the most obvious examples of
an exchange relationship. The defendant pleads
guilty in exchange for some valued rewards: a
reduction of charges, the prosecutor’s
recommendation of a light sentence, a parole
officer agreement to ease the rules in exchange for
the so called face-to-face relationship are found
throughout the system.
The Concept of the Philippine
Criminal Justice System
O The prevention and control of crime and
juvenile delinquency are not the sole task of
the government, much less the agency of the
criminal justice system alone.
O Questions of a major policy for
achieving the objectives and ideals of the
prevention and control of crime and
delinquency, undoubtedly, require the
coordination of effort and teamwork not only
among the police, prosecution, courts and
correctional agencies but he active
participation of the communit6y as well.
 Thus, the birth of the so called Criminal Justice
System of the Philippines. An idea of systematic
criminal justice planning could serve as an avenue
for the development of inter-agency coordination
in the area of prevention and con troll of crime
and delinquency. The Philippine criminal Justice
System is the sum total of instrumentation which
a society uses in the prevention and control of
crime and juvenile delinquency.
Functions of the Criminal
Justice System
 The operation of the criminal justice system includes
the following:
 Preventing the commision of crimes;
 Enforcing the law;
 Protecting life, individual rights and property;
 Removing dangerous persons from the community;
 Deterring people from indulging in criminal activities;
 Investigating, apprehending, prosecuting and imposing
penalty upon those who cannot be deterred from
violating the rules of society; and
 Rehabilitating offenders and returning them to the
community as law-abiding and useful citizens of the
society.
 Definition of terms
O Accused - a person charged with a criminal offense.
Acquittal - declaration that the accused is not guilty,
after the prosecutions failure to prove his guilt beyond
reasonable doubt.
O Appeal - elevation by the losing party of any
decision, order or award made by a lower court to
review errors of judgment made in said decision, order
or award.
Appellate Court - Courts where the appeal is
forwarded.
Arraignment - a stage in a criminal proceeding
wherein the object is to fix the identity of the accused,
inform him of the charges against him, the nature and
cause of the accusation and requires him to plead guilty
or not guilty.
Arrest - it is the taking of a person into custody, in
order that he maybe forthcoming to answer for the
commission of offense.
Bail - is the security given for the temporary
release or liberty of a person in custody of the law,
provided either by him or a bondsman?
1. Cash Bond
2. Character Bail
3. Surety Bond
4. Property Bond
Capital Offense - An offense which, under the law
existing at the time of its commission and of the
application for admission to bail, may be punished
with death.
Community – A society or body of people living in the
same place, under the same laws and regulation,
which have common rights, privileges, or interests.
 Complaint – A sworn written statement by the offended party
or any government law enforcing charging a person with
offense.
Conviction – The declaration of the guilt of a person accused
of a crime.
Correction - deals with the punishment, treatment,
incarceration and rehabilitation of offenders.
Courts - refers to the body or agency in the government
which is charged with the responsibility of the administration
of justice.
Criminal Action – A lawsuit instituted and prosecuted for the
punishment of a crime or offense.
Criminal Jurisdiction – It is the authority to hear and try a
particular offense and impose the punishment for it.
Criminal Justice - a field of study which deals with the
nature of crime in the society as well as analyzing the formal
processes and social agencies which had been established for
crime control.
 Criminal Justice System - is a machinery which the Philippine
society uses in the prevention and control of crime. It is a group
of agencies or legislators responsible in the adjudication of
criminal laws.
Criminal Justice System Process - it is the decision making
point from the initial investigation or arrest by the police to the
offender and his reintry to society.
Criminal Procedure – Defined as the method prescribed by law
for the apprehension and prosecution of person’s accused of any
criminal offense.
Criminal Proceedings- To commence and carry on a criminal
action or law suit in the name of the people of the Philippines.
Correction – Is a branch of the criminal justice system concern
with the custody, supervision and rehabilitation of criminal
offenders.
 Information - is an accusation in writing charging
a person with an offense subscribed by the fiscal
and filed with in court.
Penology - is the study of reformation and
rehabilitation of criminals and the management of
prisons.
Police Power - the inherent power of the state
to enact laws subject to limitations.
Probation - is a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the court
to the supervision of a probation officer. Or a
suspended sentence during good behavior. (P.D. 968)
Philippine Criminal Justice System

O Worldwide, the Criminal justice System is the

machinery of the state or government which
enforces the rules of conduct necessary to
protect life and property and maintain peace
and order.
O In the Philippine setting, the criminal
justice system consists of five (5) pillars
corresponding to the different functions in the
administration of justice, i.e.., law
enforcement, prosecution, litigation,
rehabilitation and reintegration of offender
into the community.
 Justice
O Is a social norm providing guidance for people
in their dealings with one another; as a
standard against which actions are evaluated;
and as a prescription for requirement that
people act justly. (Bird)
O The criminal justice system is intended to deal
with crime. It is expected to do so by applying
the law and producing results that approximate
justice. Indeed, justice is the primary output of
the system and the bottom line of the process.
 Law
O The instrument in achieving justice.
O A major input in the criminal justice system.
O Law is society’s primary instrument for
making known what acts are considered crime
and what sanctions may be applied to those
who commit acts defined as crimes.
 Note:
O Not all laws are criminal law, thus its function
are basically to mandate and to prohibit.
 CJS as a system
O Is one which consists of several parts that
interacts with each other to produce some
results, serve some functions, or meet some
objectives. Each part of the system is expected
to perform their responsibilities for the
attainment of their common goals and
objectives.
 CJS-characteristics
O 1. systems have identifiable components- there
are parts or elements, structures that perform
certain function that contribute to the
functioning of the system.- known as the
PILLARS
O 2. each system constitutes an identifiable
whole- this means that we can distinguish one
system from the other. Each has its function to
perform within the system.
O 3. the system’s components are
interdependent-the elements of a system affect
each other and depend on each other. One
element cannot function without the input
from the other. Although the parts or
components are independent from each other,
they serve a common goal.
O 4. each system operates within an in
environment-an environment consists of any
element outside the system’s boundary. All
other systems in our society outside the CJS
are part of its environment.
 CJS as a process
O Refers to the orderly progression of events
from the time a person is arrested or taken out
of the community, investigated, prosecuted,
sentenced, punished, rehabilitated, and
eventually returned to the community.
NOTE:CRIME is in the center
of the cycle
The five stages of the CJS
O 1. ARREST – the taking of the person into
custody in order that he may be bound to
answer for the commission of an offense.
O Could be done through;
O A. POLICE OBSERVATION-ARREST-
BOOKING- INVESTIGATION
O B. COMPLAINT- INVESTIGATION-
ARREST-BOOKING
O 2. CHARGING STAGE –police output in
the form of an arrested or booked suspect
becomes input in the charging stage. The
prosecution will decide whether the
suspect will be tried for the commission of
a crime (finding of probable cause). At this
point, evidence will be evaluated, law is
studied, even interview of witnesses and
police investigators to aid the decision
whether to proceed to the next level.
O 3. ADJUDICATION STAGE- this is done in
court, here, there is already a formal charges
filed against the accused. THE TRIAL
PROCEDURE COMMENCE AT THIS
STAGE.
O 4. SENTENCING – a convection becomes the
input of the fourth stage. In sentencing, the
judge will consider all circumstances
surrounding the case and it is his duty to apply
the provisions of the law in rendering
punishment or sentence against the accused.
5. CORRECTION STAGE
O In this stage, it involves the convicted person’s
serving of the sentence imposed. It is the stage
where the offender will be reformed and
rehabilitated prior to his reintegration in the
community.
 THE PILLARS:
O Law Enforcement
O Prosecution
O Courts
O Corrections and
O Community
LAW ENFORCEMENT
1. A branch of the government which is
charged with the preservation of public
order and tranquility, promotion of public
health, safety and morals, and the
prevention of, detection, and punishment of
crimes.
The law enforcement function is
spearheaded by:

O the Philippine National Police (PNP) and the

National Bureau of Investigation (NBI).
The PNP a national in scope and
civilian in character

O and is administered and controlled by the

National Police Commission (NAPOLCOM);
an attached agency of the Department of the
Interior and Local Government (DILG).
Constitutional Basis
O Section 6, Article XVl of the 1987 Constitution
provides that,”…The State shall establish and
maintain one police force, which shall be national
in scope and civilian in character, to be
administered and controlled by a national police
commission. The authority of local executives
over the police units in their jurisdiction shall be
provided by law.
O Guardrilleros- Established by Royal Decree on
January 8, 1836. This decree provided that five
percent of the an able bodied male inhabitants of
each province were to be enlisted in this police
organization for 3 years.

O The Guardia Civil- this was created by a Royal

Decree issued by Crown on February 12, 1852. It
consisted of a body Filipino policeman organized
originally in each of provincial capitals of the
Central Provinces of Luzon under the Alcade
(Governor).
O The American Occupation- The Philippine Commission passed Act
No.175 on July 18, 1901, entitled “An Act Providing For the
Organization and Government of an Insular Constabulary” better
know as the Philippine Constabulary- a National Police Institution
for preserving the peace, keeping order and enforcing the law.

O The Birth of Republic Act No. 4864, dated September 8, 1966-

known as The Police Act of 1966, created the office of the National
Police under the office of the President. The NAPOLCOM originally
Created as the supervisory agency to oversee the training and
professionalization of the local police forces. This Act has served as
the legal cornerstone in initiating and undertaking, at national level,
the much needed reforms the resulted in a considerable
improvement in police performance and efficiency.
O The Presidential Decree No.765- To comply the
Section 12, Article XV of the 1973 Constitution in
establishing Integrated National Police. The then
President Ferdinad E. Marcos on August 8, 1975
decreed into law PD No. 765 with the following salient
features:

O The INP was established and constituted, composed of

the Philippine Constabulary (PC) as the nucleus, and
integrated Police Forces as components, under the
Department of National Defense;

O The head of the INP known as the Director General

was the Chief of the Philippine Constabulary;
O The PC remained and constituted as major service of the
Armed Forces of the Philippine (AFP);

O The powers and functions of the NAPOLCOM in the training

of the policemen, establishment of the Police
Communication System, the grant of police subsidy and the
adjudication and grant of compensation for temporary
disability benefits were transferred to the INP, including
personnel, equipment, appropriations and other resources
appertaining thereto;

O The NAPOLCOM was transferred to the Department of

National Defense from the Office of the President, and

O The remaining powers and functions exercised by the

NAPOLCOM over local police agencies extended to the
police, fire and jail components of INP.
O Republic Act No. 6975

O The passage into law on December 13, 1990 of

Republic Act No. 6975 entitled “An Act
Establishing the Philippine National Police under a
recognized Department of the Interior and Local
Government and other Purposes” ended the
existence of the Philippine Constabulary and
Integrated National Police and giveaway to creation
of the Philippine National Police, now known as the
country’s police force that is national in scope and
civilian in character. It is administered and
controlled by the National Police Commission.
O Republic Act No. 8551

O With the affectivity of Republic Act No. 8551,

otherwise known as the “Philippine National Police
Reform and Reorganization Act of 1998,” the PNP
was envisioned to be a community and service
oriented Agency. As mandated by law, the PNP
activated/created the Internal Affairs Service (IAS)
on a national scope on June 1, 1999. It is an
organization within the structure of the PNP and one
of its tasks is to help the Chief, PNP institute
reforms to improve the image of the police force
through assessment, analysis and evaluation of the
character and behavior of the PNP Personnel. It is
headed by the Inspector General.
 POLICE FUNCTIONS:
O Enforce all laws and ordinances relative to the
protection of lives and properties;

O Maintain peace and order and take all necessary

steps to ensure public safety;

O Investigate and prevent crimes, effect the arrest of

criminal offenders, bring offenders to justice and
assist in their prosecution;

O Exercise the general powers to make arrest, search

and seizure in accordance with the Constitution and
pertinent laws;
O Detain an arrested person for a period not beyond
what is prescribed by law, informing the person so
detained of all his rights under the Constitution;
O Issue licenses for the possession of firearms and
explosive in accordance with law;
O Supervise and control the training and operations of
security agencies and issue licenses to operate
security agencies, and to security guards and private
detectives, for practice of their professions; and
O Perform such other duties and exercise all other
functions as may be provided by law.
O It is composed of a national office, regional offices,
district offices and city or municipal stations.

O The PNP is supported by administrative and operational

units. The administrative units consist of the Crime
Laboratory. Logistics Unit, Communication Unit,
Computer Center, Finance Center and Civil Security
Unit including Chaplain Service and Legal Service.
Comprising the operational support units are the
Maritime Police Unit, Police Intelligence Unit, Aviation
Security Unit, Traffic Management Unit, the Medical
and Dental Centers and Civil Relation Unit.
O The NBI which under the Department of Justice focuses on
syndicate activities and special investigation.

O Classification of the Powers and Functions of the PNP:

O 1. Statutory Power of the Police, such as:

O To enforce the laws and ordinances relative to the protection of

lives and properties;

O To maintain peace and order and take all the necessary steps to
ensure public safety;

O To investigate and prevent crime, effective the arrest of criminal

offenders, bring offenders to justice and assist in their prosecution;
O To detain an arrested person for a
period not beyond what is prescribed
by law, informing the person so
detained of all his rights under the
constitution;

O To exercise the general powers to

make arrest, search and seizure and
pertinent laws.
O Licensing, Supervisory and Control, and Training, such
as:

O 1. To issue licenses for the possession of firearms and

explosive in accordance with law; and

O 2. Supervise and control the training and operations of

security agencies and issue license to operate security
agencies, and to security guards and private detectives
for the practices of their profession;

O 3. Deputized Statutory Power of the Police, that is, to

perform such other duties and exercise all other
functions as maybe provided by law:
O to enforce election laws during the conduct of
election;

O To enforce laws involving agriculture, environment

and natural resources;

O to enforce laws involving land transportation;

O Many other laws under the jurisdiction of various

departments and/or offices of the government where
the PNP will be deputized under the principle of
intracoordination between and among
offices/departments of the government.
Miscellaneous Services:
O Regulation of non-criminal conduct, such
as traffic control and management; and
Performing Civil Missions, and such as
conduction of any person to hospital for
immediate medication, or any other form of
services which is civic in nature.
 2. The National Bureau of
Investigation (NBI)
O History

O The National Bureau of Investigation

(NBI) saw its inception on November
13,1936 upon approval of
Commonwealth Act No. 181 by the
legislature. It was the brainchild of the
late President Manuel L. Quezon and
Jose A. Yulo, then Secretary of Justice.
O Tasked with organizing a Division of Investigation or DI patterned
after the United States Federal Bureau of Investigation were Thomas
Dugan, a veteran American police captain from the New York Police
Department and Flaviano C. Guerrero, the only Filipino member of
the United States Federal Bireau of Investigation.

O On the basis of stiff physical, mental, and moral standards, 45 men

were selected as agents from among 300 applicants. To complement
this investigative force was a civilian staff composed of doctors,
chemists, fingerprint technicians, photographers, stenographers, and
clerks.

O During the Japanese occupation, the DI was affiliated with the Bureau
of Internal Revenue and the Philippine Constabulary known as the
Bureau of Investigation (BI). Subsequently, during the post- liberation
period, all available DI agents were recruited by the US Army CIC as
investigators.
O Since then, the Bureau assumed an
increasingly siganificant role, thus, on June19,
1947 remaining it to what it is presently
known, the National Bureau of Investigation
(NBI).
 Its Objectives
O The main objective of the National
Bureau of Investigation 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
 Its Vision
O An institution that is reliable and dynamic in
providing quality investigative and support
services, by committed professionals, to serve
the ends of truth and justice, founded on the
fine ideals of Nobility, Bravery and Integrity
 Its Mission
O To provide quality services for efficient law
enforcement in the pursuit of truth and justice.
The Philippine Drug Enforcement
Agency (PDEA)
O Agency – Overview

O For thirty years, Republic Act 6425, otherwise

known as the Dangerous Drugs Act of 1972, had
been the backbone of the Philippine drug law
enforcement system. Despite the efforts of various
law enforcement agencies mandated to implement
the law, the drug problem alarmingly escalated. The
high profitability of the illegal drug trade,
compounded by the then existing laws that imposed
relatively light penalties to offenders, greatly
contributed to the gravity of the problem.
O Recognizing the need to further strengthen existing laws governing
Philippine drug law enforcement system, President Gloria Macapagal-
Arroyo signed Republic Act 9165, or the Comprehensive Dangerous
Drugs Act of 2002, on June 7, 2002 and it took effect on July 4, 2002.
R.A. 9165 defines more concrete courses of action for the national
until-drug campaign and imposes heavier penalties to offenders.

O The enactment of RA 9165 reorganized the Philippine drug law

enforcement system, while the Dangerous Drug Board (DDB) remains
as the policy-making body, it created the Philippine Drug
Enforcement Agency (PDEA) under the Office of Prevention
Coordinating Center, Philippine National Police Narcotics Group
(PNP Nargrp), National Bureau of Investigation Narcotics Unit (NBI
NU), and the Customs Narcotics Interdiction Office (CNIO).
Personnel of these abolished agencies were to continue to perform
their tasks on detail service with the PDEA subject to a rigid screening
process.
 Vision
“We are committed to be a professional and world-
class agency geared towards the achievement of a
drug-free Philippine.”
 Mission
O To implement the new anti-drug law;
eliminate the supply and demand of illegal
drugs; prevent and control drug-related
crimes; and provide a drug-free community.
Power and Duties:
O To cause the efficient and effective
implementation of the national drug control
strategy formulated by the Dangerous Drug
Board;
O Undertake the enforcement of the provisions of
Article II of RA 9165 relative to the unlawful
acts and penalties involving any dangerous drugs
and/or controlled precursor and essential
chemicals;
O Administer oath and issue subpoena and
subpoena duces tecum relative to the conduct of
investigation involving the violations of RA
9165;
O Arrest and apprehend as well as search all
violators and seize or confiscate the effects or
proceeds of the crimes as provided by law;
O Take charge and have custody of all
dangerous drugs and/or controlled precursors
and essential chemicals seized, confiscated or
surrendered to any national, provincial or
local law enforcement agency;
O Establish a forensic laboratory in each PNP
office in every province and city in order to
facilitate action on seized or confiscated
drugs, thereby hastening their destruction
without delay;
O Recommend to the DOJ the forfeiture of properties
and other assets of persons and/or corporations
found to be
O violationg the provisions of RA 9165 and in
accordance with the pertinent provisions of the Anti-
Money Laundering Act of 2001.
O Prepare for prosecution or cause the filing of
appropriate criminal and civil cases for violation of
all laws in dangerous drugs, controlled precursors
and essential chemicals, and other similar controlled
substances;
O Monitor, and if warranted by circumstances, in
coordination with the Philippine Postal Office and
the Bureau of Customs, inspect all air cargo
packages, parcels and mails in the central post
office;
O Conduct eradication programs to destroy wild or
illegally grown plants from which dangerous drugs
may be extracted
O Initiate and undertaken the formation of a
nationwide organization which shall coordinate
and supervise all activities against drug abuse in
every province, city, municipality and barangay;
O Establish and maintain a national drug
intelligence system in cooperation with law
enforcement agencies, other government
agencies/offices and local government units that
will assist in the apprehension of big-time drug
lords;
O Establish and maintain close coordination,
operation and linkages with international drug
control and administration agencies and
organizations.
O Create and maintain an efficient special
enforcement unit to conduct an investigation, file
charges and transmit evidence to the proper
court;
O Require all government and private hospitals, clinics,
doctors, dentists and other practitioners to submit a report
to it;

O Coordinate with DDB for the facilitation of the issuance of

necessary guidelines, rules and regulations for the proper
implementation of RA 9165;

O Initiate and undertake a national campaign for drug

prevention and control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-
owned and/or controlled corporations; and

O Submit annual and periodic reports to the DDB from time

to time and perform such other factions as may be
authorized of required under existing laws and as directed
by the President.
 THE PROSECUTION
O National Prosecution Service:

O Introduction

O The National Prosecution Service is one of the most

important offices in the criminal justice system in the
Philippines, for the public prosecutor, whether here or
elsewhere, often literally holds the power of life and
death in his hands. As succinctly stated by the then
Associated Justice of the U.S. Supreme Court, Robert
Jackson, “The Prosecutor has more control over life,
liberty and reputation than any other person in
America”.
O The prosecution has much more discretion than any
police officer. His is the decision whether to prosecute a
case or not. He may nolle prosequi (decide not to
prosecute for the time being if he feels that the evidence
is insufficient to gain conviction), yet he may hold the
case open for further action if and when warranted. He
has the final decision as the charges to be brought
against the accused. Subject what offenses and whether
to dismiss charges or offer an accused and opportunity
to plea bargain for a reduced charges or recommend a
lighter sentence. It is who determines which cases will
ever reach the courts for adjunction, and who can
terminate the processing of any case anywhere in the
system.
O But, powerful as the prosecutor may seem to be in the
Philippines, as well as in any other country, he cannot
successfully prosecute cases alone, or render justice to
anyone, without the cooperation and collaboration of the
other components of the criminal justice system. For the
prosecutor cannot successfully prove his case without the
evidence gathered by the apprehending or investigating
police officer.
O Neither may he be able to establish his case in court in the
absence of the fair, competent, and independent-minded
judge. Nor would his work and that of the judge end in the
rehabilitation of the felon, for without the dedication too
duly of prison and custodial officers, and the assistance
rendered by the community, said felon or criminal would
keep coming back into the system and be a burden to
society.
O National Prosecution Service (NPS) is the prosecution
arm of the government. The NPS which is under the
supervision and control of the Department of Justice
runs a nationwide organization consisting of state
prosecution, regional prosecutors, provincial
prosecutors and city/municipal prosecutors tasked to
undertake the investigation and prosecution of cases
involving violation of panel and special laws.
O The NPS is mandated to maintain and upholds the rule
of law through effective expeditious delivery of
prosecutorial services in order to enhance peace and
order. The members of the NPS are primarily tasked to
investigate and prosecute all criminal offenses defined
and penalized under the Revised Penal Code and other
Special Penal Laws.
 Organization
O Composition:

The National Prosecution Service, which is under the

supervision and control of the Secretary of Justice, is
composed of the following:

O 1. The Officer of the Chief State Prosecutor in the

Officer of the Secretary of Justice;
O 2.The Regional State Prosecutor’s Office; and

O 3. The Provincial and City Prosecutor’s offices

 Functions
O To investigate and prosecute all criminal offenses
under Revised Penal Code and other special penal
laws;
O To resolve appeals from petitions for review of the
final resolutions of State Prosecutors and
Provincial/City Prosecutors in all preliminary
investigations conducted by them;
O Investigate administrative charges against public
prosecutors and other prosecution officers; and
O To render opinions on queries from prosecutors
regarding violations of the Revised Penal Code and
other special penal laws.
O To provide the court with information as basis
for the grant or denial of probation.
O Other investigatory bodies and individuals tasked to investigate and prosecute
specific of fences are the following:

O Office of the Ombudsman. His office has primary jurisdiction to conduct

preliminary investigation and prosecution of all cases cognizable by the
Sandiganbayan and to file information therefore and to direct and control
prosecution of violations.

O Judge Advocate General Service, AFP, the General Courts Martial are given
jurisdiction to try military members and all persons subjects to military law
under Article 2 of the Articles of War for crimes or offenses committed by
them.

O Commission on Election (COMELEC). The Commission, through its duty

authorized legal officers, have the exclusive power to conduct preliminary
investigation of all election offenses and to prosecute the same;

O Special Counsels/Special Prosecutors. They may be designated by the Secretary

of Justice pursuant to P.Dm1273 and Section 31 of the Local Government Code
of 1991.
 COURTS
O The court plays a dual role in the
Philippine Criminal Justice System – as
participants and supervisor of the
latter’s process and dispensation. In its
role as participants, the courts
determines for guilt or innocence of the
accused. The courts are responsible for
the trial process. As supervisor, the
court acts as important guardian of
human rights
 The court organization
includes the following:
O Supreme Court often referred to as the
“Court of Last Resort”. It renders final
judgment on constitutional and other
important issues and questions of law.

O Court of Appeals – This court generally

exercise appellate jurisdiction over
decisions of inferior courts not otherwise
falling within the Appellate jurisdiction of
the Supreme Court.
O Regional Trial Court – It exercise exclusive original
jurisdiction in civil cases as prescribes in Sec. 19 Chapter
II of the Batas Pambansa 129(Judiciary Act of 1980) and
in criminal cases not within the exclusive and concurrent
jurisdiction of the Sandiganbayan.

O Metropolitan Trial Courts, Municipal Circuit Trial Courts

and Municipal Trial Court – A Metropolitan Trial Court
is created in each metropolitan area established by law. A
Municipal Circuit Trial Court is established in each area
defined as a municipal circuit, comprising of one or more
cities and/or more municipalities. A Municipal Trial
Court is created in each of the Municipalities that are
comprised within a municipal area and a municipal
circuit.
O The Metropolitan Trial Court, the Municipal Circuit Trial
Court and the Municipal Trial Courts have exclusive
original jurisdiction among others, over all violations of
city or municipal ordinances committed within their
respective territorial jurisdiction and all offenses
punishable with imprisonment of not to exceed four (4)
years and two (2) months, or a fine of not more than four
thousand pesos (P4,000) both such fine and imprisonment
regardless of other impassable accessory or other penalties.

O Shari’a Courts – The Shari’a Courts are equivalent to

Regional Trial Courts but are found in some provinces in
Mindanao where the Muslim Code on Personal Laws is
enforced.
O Sandiganbayan – The Sandiganbayan created
under Presidential Degree No. 1606 pursuant
to Section 5, Article XIII of the 1973
Constitution, is a special court which has
jurisdiction over criminal and civil cases
involving graft and
O corrupt practices and other offenses
committed by public officers and
employees in relation to their offices.
 Public Trial
O Trials are open to the public. The
Constitution provides for free access to
the courts and other quasi-judicial bodies.

O All persons shall have the right to a

speedy disposition of their cases before
all judicial, quasi-judicial, or
administrative bodies.
 Bail
O All person in custody are, before final
conviction, entitled to bail as a matter of
right, except those charged with capital
offenses or an offense which, under the
law existing at the time of its commission
and of the application for admission to
bail, is punishable by reclusion perpetua
or life imprisonment, when the evidence
of guilt is strong (section 7, Rule 114).
O All person in custody are, before final
conviction, entitled to bail as a matter of
right, except those charged with capital
offenses or an offense which, under the
law existing at the time of its commission
and of the application for admission to
bail, is punishable by reclusion perpetua
or life imprisonment, when the evidence
of guilt is strong (section 7, Rule 114).
 Trial Procedure
O In criminal cases, after the accused is
arraigned before the court where a
complaint or information has been filed or
assigned for trial, the accused then a plea
of guilty or not guilty. But before entering
his plea, the accused can move to quash
the information. Thereafter, the case is set
for pre-trial for the purposes of :
O plea bargaining;

O stipulation of facts;

O marking for identification of evidence of the parties;

O waiver of objections to admissibility of evidence;

O modification for the order of trial if the accused admits the

charge but interposes a lawful defense; and

O Such matters as will promote a fair and expeditious trial of

the criminal and civil aspects of the case.
O Then the trial proper comes. The parties shall
be notified before the date of trial. Trial once
commenced shall continue from day to day as
far as practicable until terminated; but for
cause, it may be postponed for a reasonable
period of time (Section 2 Rule 119).
 The Trial order
O The trial shall proceed in the following order:

O (a) The prosecution shall present evidence to

prove the charge and, in the proper case, the
civil liability.

O (b) The accused may present evidence to prove

his defense and damages, if any, arising from
the issuance of a provisional remedy in the case.
(c) The 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 bearing upon the main issue.

(d) Upon admission of the 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.

(e) When the accused admits the act or omission charged

in the complaint or information but interposes a lawful
defense, the order of trial may be modified (Sec.11, Rule
119).
 Judgment
O The judgment must be written in the official
language, personality 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 (Sec. 1,
Rule 120).
 New Trial or
Reconsideration
O At any time before a judgment of conviction
becomes final, the court may, no motion of the
accused or at its own instance but with the
consent of the accused, grant a new trial or
reconsideration Rule (Sec. 1, 121).
 Appeal
O The accused may appeal within 15 days from
the promulgation or notice of the decision
appealed from (Sec. 6, Rule122).
The Philippine Correctional
System:
1.The Bureau of Jail Management and Penology (BJMP)

O As one of the five pillars of the Criminal Justice

System, the Bureau of Jail Management and
Penology was created to address the growing
concern of jail management and penology problem.
Primarily, its clients are detainees accused
Before a court who are
temporarily confined in such jails while undergoing
investigation, waiting final judgment and those who
are serving sentence promulgated by the court 3
years and below.
Operation and Administrative
Control over:
O 1,132- City, District and Municipal Jails

- Only 417 fully manned by the Jail

Bureau comprising two (2) female
dormitory, two (2) youth centers, 152
District Jails and 177 municipal jails,
leaving 63 percent or 715 jails still being
manned by the PNP.
 Four Major Areas of
Rehabilitation Program
1. Livelihood Projects

2. Education and Vocational Training

3. Recreation and Sports

4. Religious/Spiritual Activities
Functions:
O Formulate and implement policies for the
program of correction, rehabilitation and
treatment of offenders;
O Plan and program funds for the subsistence all
once of offenders; and
O Conduct researches, develop and implement
plans and programs for the improvement of
jail services throughout the country.
MANDATE, MISSION AND
FUNCTIONS
O The Bureau of Corrections is an agency under
the Department of Justice mandated to carry
out the institutional rehabilitation program of
the government for national offender--those
sentenced to more than three (3) years--- and
to ensure their safe custody.

O The mission is to protect society through

humane confinement and effective
rehabilitation of criminal offenders.
 To achieve this, the Bureau
undertakes the following functions:
O Confines persons convicted by the courts to served a
sentence in national prisons;

O Keep prisoners from committing crimes while in

custody;

O Provide humane treatment by supplying the inmates

basic needs and implementing a variety of
rehabilitation programs designed to change their
pattern of criminal or anti- social behavior;
O Engage in agro-industrial 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
appropriations.
 Organization
O Headed by a Director and Two (2) Assistant
Directors, the BuCor has an authorized
strenght of 2, 362 employees, 61% are
members of the medical staff. The agency has
seven (7) operating units located nationwide,
namely:
O New Bilibid prisons in Muntinlupa City;
O Correctional Institution for Women in Mandaluyong City;
O Iwahig Prisons and Penal Farm;
O Sablayan Prison and Penal Farm in Occidental Mindoro;
O San Ramon Prison and Penal Farm in Zamboanga City;
O Leyte Regional Prison in Abuyog Leyte; and
O Davao Prison and Penal Farm in Panabo, Davao Province.
The Treatment Program
O The Philippine Prison System adopted two
approaches in treating criminal offenders.
These are the Institution-Based Treatment
Programs and Community-Based treatment
programs.
O
O These programs aimed towards the
improvement of offender’s attitude and
philosophy of life, the main goal being the
ultimate rehabilitation of offenders by
changing inmate’s attitude.
 Prison Education
O Prison education is the cornerstone of
rehabilitation. It is the process or result of
formal training in school or classrooms
intended to shape the mind and attitude of
prisoners towards good living upon their
release.
Objective of Prison Education:
O To return the prisoner to society with a
more wholesome attitude towards
living.

O To conduct themselves as good citizens,

O To give them knowledge and develop

their skills to maintain themselves and
their dependents through honest labor.
 Classes of Prison
Education
O General and Academic Education – the objective of
which is to eradicate illiteracy among prisoners.
This could be the best contribution to correctional
system can offer to society.

O Vocational Education – Institutional maintenance

works and industrial projects, the purpose of which
is to provide prisoners necessary skills for
successful works in a socially acceptable occupation
after their release.

O Physical Education – designed for those who have

physical disabilities.
 Work Programs

O These are programs conducive to change

behavior in morale by training prisoners for a
useful occupation. It is purposely to eliminate
idleness on the part of prisoners, which may
contribute to “Prison stupor”, and it affects the
incidence for Prison riot:
Classification of Prison Work
Programs:
O Educational Assignments – prisoners maybe assigned to
either general education, vocational or physical
education.
O Maintenance Assignment – this assignment involves
labor related to care and up keeping of the institution
properties.
O Agricultural and Industrial Assignments
O Unassignable – Prisoners who are nearly to leave the
institution, awaiting transfer, those in disciplinary status,
and those who are chronically ill with mental disabilities
are considered unassignable prisoners. Female prisoners
shall be assigned to work on jobs suitable to the age, sex
and physical conditions. Prisoners over 60 years of age
may be excused from the work.
Religious Services in Prison
O The purpose of this Program is to change the attitudes
of inmates by inculcating religious values or belief.

O Function of Chaplain:

O Conduct communion and confession to inmates

O Conduct religious ministry such as preaching the bible
O Conduct private and personal counseling
O Other chaplaincy services
Recreational Programs
The only program that is conducted
during free time schedule within the following
objectives;
O Mental and physical Development
O Help prisoner to become aware of their
individual conditions to provide them a
method of improvement.
O Development of cooperative competitions,
O Arouse the interest of the prisoners in
recreational programs.
O Activities of recreation may include
athletics / sports, music and arts, social
games, special activities on special events,
act.
 O Medical and Health Service

.Counseling and Casework

Community-Based Programs
O The Community-Based Treatment
Programs are those programs that are
intended to treat criminal offenders with
in the free community as alternatives to
confinement. It includes all correctional
activities directly addressed to the
offender and aimed at helping him to
become a law-abiding citizen.
 Includes the following:
O 1. probation
O 2. parole
O 3. commutation, etc
 Also other forms of
executive clemency;
O 1. pardon
O 2. amnesty, etc.
O END
 Probation
O It is a disposition whereby a defendant, after conviction
of an offense, the penalty of which does not exceed 6
years of imprisonment, is released subject to the
conditions imposed by the releasing court and under the
supervision of a probation officer.
O Probation is a substitute for imprisonment; the
probationer is compared to an outpatient, a sick person
who does not need to be hospitalized because his illness
is considered less serious.
O
O Presidential Decree 968 otherwise known as the
“Philippine probation Law” approved and took effect
on July 24, 1976. Section 18, PD 968 as amended states
the creation of Probation Administration under the
DOJ, which shall exercises general supervision over all
probationers.