CJS EDITED MODULE 1st Year

CRIMINAL LAW AND JURISPRUDENCE 1
INTRODUCTION TO
PHILIPPINE
CRIMINAL JUSTICE
SYSTEM
CHICCO_04
CRIMINAL JUSTICE SYSTEM
MODULE 1 – CRIMINAL JUSTICE SYSTEM- AN OVERVIEW
DEFINITION OF TERMS
1. Criminal Justice System- the totality of all the concerted efforts and activities of all agencies involved in the
prevention, reduction and control of crime.
2. Criminology- is the entire body of knowledge regarding crime and criminals and the efforts of the society to
prevent and repress them.
3. Corrections- are the process or system of taking care of the custody, treatment and rehabilitation of all convicted
persons or prisoners punished by law for the commission of an offense.
4. Police- a body of civil authority, which is tasked to maintain peace and order, enforce law, protect lives and
properties and insure public safety.
5. Prosecution- the CJS pillar mandated to bring to justice all criminal cases for prosecution and prove the guilt of
the accused beyond reasonable doubt.
6. Court- is a body or tribunal officially assembled under authority of the law in which judicial power is vested or
the administration of justice is delegated.
7. Social Defense- refers to all the systems and interplay of activities in the community which addresses all the
negative factors affecting the health, security and welfare of the public.
8. Criminological Enterprise- refers to all disciplines involved in the study of crime and criminals. The practice of
certain disciplines such as research and statistics, natural science law, penology, sociology, psychology, medicine,
forensic science, etc, make up the entire criminological venture.
9. Crime Prevention- pertains to all government and non-government activities or programs designed to thwart,
deter, preempt, and stop the crime from happening.
10. Crime Deterrence- refers to the political will of the State to punish all criminals in accordance with law, to serve
a lesson for others to refrain from further committing crime.
11. Crime Control- refers to restraining or isolating criminals behind prison to effectively controlling them from
further endangering the society thus protecting the public from harm and damage.
12. Criminal- the principal character in the CJS Process, which link the components together. He is also regarded as
the MOST PAMPERED element of the CJS due to the notions that he has more legal and constitutional rights than
the victim.
13. Victim- the forgotten man of the CJS.
Justice: The Bottom Line
Justice
- Is a social norm providing guidance for people in their dealings with one another.
- A standard against which actions are evaluated and as a prescription for requirement that people act
justly.
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a. Substantive Justice
- Is that which is concerned with how best to allocate, distribute and protect substantive values of
society.
- In the area of criminal justice, the substantive issues concern which behaviors are to be made
criminal violations and what sanctions the law should provide for dealing with those who commit
crimes.
b. Procedural Justice
- Is that which is concerned with how the law is administered.
- In other words, what mechanisms or processes are used in applying the law and making decisions in
specific cases.
Law: Instrument for Justice
Law
- That method of social control that is formally enacted or promulgated by the agency or agencies of
government duly authorized in that society to make law and that is subject to interpretation by and
through the courts.
- Is a major input to the criminal justice system.
- Is a society’s primary instrument for making known what acts are crimes and what sanctions may be
applied to those who commit acts defined as crimes.
Forms of Law
1. Common Law- known in other countries as the body of principles, practices, usages and rules of action.
2. Statutory Law- a legislated law; a law made by legislatures.
3. Case Law- law made by justices in cases decided in the appellate courts especially by the Supreme Court.
Types of Law
1. Civil Law- law which has something to do with Contracts, Wills, Inheritances, Marriage, Property, Divorce,
Adoption and the like, and with Private Injuries which are called TORTS.
2. Criminal Law- is that branch or division of law which defines crimes, treats of their nature and provides for their
punishment.
5 Stages of the Criminal Justice Process
1. Arrest Stage
* Arrest- is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
(Rules of Court, Rule 113, Sec. 1)
- The criminal justice process begins with the commission of a crime/detection of a crime.
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- If a crime is undetected or unreported, it obviously does not enter the system.
2 Distinct sequences of steps following the detection of crime:
1. Police Observation- Arrest- Booking- Investigation

2. Complaint- Investigation- Arrest- Booking
2. Charging Stage
- Police output in the form of an arrested or booked suspect becomes input into the charging stage.
- The prosecution will decide whether the suspect will be tried for the commission of a crime.
- At this point, evidence is evaluated, law is studied, and police officers and witnesses are interviewed
to assess the nature of the case and to decide whether the case will be dismissed or be forwarded to
the next stage.
- If the prosecution decides that the suspect should be tried, criminal action is commenced by the
filing of Complaint or Information.
* Complaint- is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace
officer, or other public official charge with the enforcement of the law violated.
* Information- is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with
the court.
3. Adjudication Stage(TRIAL-JUDGMENT STAGE)
- Formal charges are filed against the accused.

- At first, the suspect will be arraigned.
* Arraignment- refers to the reading of charges against the accused and the declaration of his plea.
- The accused may either plead GUILTY or NOT GUILTY to the charges.
- If the accused pleads GUILTY, lengthy trial will be avoided and the judge may sentence the accused.
- If the accused pleads NOT GUILTY, a TRIAL will be conducted.
* Trial- refers to the presentation of the prosecution and the defendant of their respective case and arguments before a
court.
Defense against Criminal Charges
1. The Defense of Alibi

- The weakest defense
- Is simply a claim by the defendant that he or she was in another place when the crime occurred and
therefore could not have committed it.
2. The Defense of Insanity
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- Is a claim that the defendant should be exonerated from criminal responsibility because he was
suffering from a mental condition or mental incapacitation.
3. The Defense of Instigation
- If the defendant can establish that he would not have committed the crime were it not for the
encouragement or compulsion of law enforcement agents, he is NOT criminally liable.
- In instigation, a public officer or a private detective induces an innocent person to commit a crime
and would arrest him upon or after the commission of the crime by the latter.
4. The Defense of Duress
- Is based on the claim that the act was the result, not of any intent on the part of the accused, but of
threats of loss of life, limb or a loved one.
- Duress as a valid defense should be based on real, imminent or reasonable fear for one’s life or limb
and should not be speculative, fanciful or remote fear.
5. The Defense of Consent
- The defense that the victim consented to the act for which the accused stands charged.
- This defense is common in rape and acts of lasciviousness where force is usually applied in their
commission.
6. The Defense of Violation of the Provisions of the BILL OF RIGHTS
- This defense is invoked if the State or its agents violated the right of the defendant in obtaining
evidence to prove the latter’s guilt.
TRIAL PROCEDURE- the trial in criminal court proceeds in the following order:
1. The prosecution shall present evidence to prove the charge

2. The accused may present evidence to prove his defense
3. 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.
4. Upon admission of evidence of the parties, the case shall be deemed submitted for decision.
JUDGMENT
- The judgment of a court must state whether the accused is guilty or not guilty of the offense charged
and impose on him the proper penalty and civil liability, if any.
- The judgment must be written in the official language, personally and directly prepared by the judge
and signed by him.
4. Sentencing 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.
- Facilities for Incarceration
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- Parole and Probation Programs
- Juvenile Corrections
* Appeal- a person convicted by a trial court may appeal his conviction to a superior court if he feels that the judgment
rendered is erroneous.
- The accused has the right within 15 days to appeal from judgment of conviction.
5. Correction Stage
- This stage 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.

MODULE 2- POLICE/ LAW ENFORCEMENT: THE PRIME MOVER
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Installed at the forefront of the CJS, being the initiator of the CJS process, the police or law enforcement pillar is
made up mainly of the PNP, NBI and PDEA and those units in the different government agencies having the power
to enforce laws. The main functions of the police are the following:
1. Law enforcement
2. Order maintenance
3. Control of crime
4. Safeguarding of lives and properties
5. Investigation and detection of crimes
6. Arrest and apprehension of suspects
7. Helps in the prosecution of criminals
8. Keeping the peace and insuring public safety
POLICING: A BRIEF HISTORICAL SETTING
 Scotland Yard- was passed by the parliament of England. It was sponsored and expanded by Sir Robert Peel.
 Sir Robert Peel
- was made to be the first head of the Scotland Yard.
- was referred as the FATHER OF MODERN POLICING SYSTEM due to his contributions in the
modernization of the Police force.
POLICING IN THE PHILIPPINES
Police forces organized during the Spanish regime were:
a. Carabineros de Seguridad Publico (Mounted Police)

b. Guardrilleros
c. Guardia Civil
During the Japanese Occupation, the Japanese Military Police known as “KEMPETAI” was held responsible in
maintaining peace and order in Manila.
The first American Occupation’s important features of this period are:
a. Insular Police Force

- Established on November 30, 1980
b. Insular Police Force
- Created on July 18, 1901
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- by virtue of Act # 175 titled as “An act providing for the organization and government of an insular
constabulary”
c. Manila Police Department
- organized on July 13, 1901
- by virtue of Act # 183 of the Philippine Commission.
- CAPT. GEORGE CURRY- the FIRST Chief of Police
d. Philippine Constabulary (PC)
- formally established on October 03, 1901
- by virtue of Act # 255.
- Capt. Henry T. Allen- was the FIRST Chief of the Philippine Constabulary
e. Revised Administrative Code of 1917
- stated that Philippine Constabulary is a national police institution for preserving the peace, keeping order and
enforcing the law. (Sec. 825)
f. RA 157
- created the National Bureau of Investigation (NBI).
During the Post World War II, the following are the important dates and events:
a. RA 2678 (1960)
- this law provided the expansion and reorganization of the NBI.
b. RA 4864 (September 18, 1966)
- otherwise known as Police Act of 1966
- the law created the office of the Police Commission (which was later called National Police Commission) under
the Office of the President.
- the POLCOM was created as a supervisory agency to the PC.
- its function is to oversee the training and professionalization of the local police forces.
c. PD 765 (August 8, 1975)
- stipulated that the office of the NAPOLCOM should be under the office of the Ministry of National Defense.
d. RA 6975 (December 13, 1990)
- the DILG Act of 1990
- also recognized as the PNP Law of 1991
- this law created the PNP and declared it to be the only police force of the country with national scope and
civilian in character.
e. RA 8551 (February 25, 1998)
- provisions of RA 6975 concerning the PNP were amended
- known as the PNP Reform and Reorganization Act of 1998
- reorganized the PNP for the purpose of reforming and professionalizing it.
CONCEPT OF POLICE/LAW ENFORCEMENT
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* POLICE originated from Greek word “POLITEIA” meaning government of a city. It applied to civil officers and not
necessarily policeman.
* Romans changed the word slightly to “POLITIA”.
* French changed the word to “POLICE” and applied it to that person who actually enforced the law. Thereafter, the
English and the Americans borrowed the word intact from the French and used it to describe a law enforcer.
POLICE PROCESSES: A MAJOR CHAIN IN THE CJS
Policing is the initial process in the entire criminal justice system. The law enforcement agencies are the considered the
initiators in said process which knot the functions of:
A. Crime Detection
B. Crime Investigation
C. Apprehension of Suspects
D. Search and Seizure, and
E. Case Preparation
Crime Detection
There are several ways in which crimes come to the attention of police:
1. Receipt of citizen complaints or calls for assistance

2. Receipts of signals from alarm devices
3. Observations by officers on patrol of suspicious behavior, a crime in progress, or the aftermath of a crime
4. Observation of the planning or execution of crimes by pro-active measures- measures through which police seek
to detect crimes, or attempts to be present when they are committed, through the use of the undercover agents,
electronic devices for wiretapping or bugging and stakeouts.
 Response Time- the time that elapses between receipt of the call or alarm and the arrival of responding officers at
the crime scene.
Crime Investigation
* It is the police activity directed toward the identification and apprehension of alleged criminals and the accumulation,
preservation and presentation of evidence regarding their alleged crimes.
* The main objective is to determine who the criminal is and to develop and present legally accepted evidence to a
court of law so that a conviction is assured and a crime solved.
* There are several activities the policeman has to do in the criminal investigation process:
Preliminary/Initial Investigation
- The initial or beginning phase of a systematic inquiry into an alleged crime.
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- The patrolman should always carry out, or participate in the preliminary investigation except in those
cases where the crime was discovered long after it was committed.
Follow-up Investigation
- Is an extension, or continuation of the preliminary investigation.

- It is necessary to bring case to a successful conclusion, or to solve an unsolved case.
- The continuation of the initial or preliminary investigation will determine if available information
and evidence is legally admissible in court.
Apprehension of Suspects
Arrest- is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense. (Rules of Court, Rule 113, Sec. 1)
ARREST: HOW MADE
- An arrest is made by an actual restraint of a person to be arrested, or by his submission to the

custody of the person making the arrest.
- No violence or unnecessary force shall be used in making an arrest.
- The person arrested shall not be subject to a greater restraint that is necessary for his detention.
(Rules of Court, Rule 113, Sec.2)
EXECUTION OF WARRANT
- The head of the office to which the warrant of arrest was delivered for execution shall cause the
warrant to be executed within 10 days from its’ receipt.
- Within 10 days after the expiration of the period, the officer to whom it was assigned for execution
shall make a report to judge who issued the warrant. In case of his failure to execute the warrant, he
shall state the reason therefor.
- The method of arrest may vary according to whether it is made by virtue of a warrant or is made
without a warrant.
METHOD OF ARREST BY OFFICER BY VIRTUE OF WARRANT
- When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or
forcibly resists 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 in his possession at the time of the arrest but after the arrest, if
the person arrested so requires, the warrant shall be shown to him as soon as practicable. (RoC, Rule
113, Sec.7)
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METHOD OF ARREST BY OFFICER WITHOUT WARRANT
- When making an arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the
officer has the opportunity to so inform him, or when giving of such information will imperil the
arrest. (RoC, Rule 113, Sec. 8)
* An arrest may be made on any day and at any time of the day or night. (RoC, Rule 113, Sec.6)
WARRANT OF ARREST- An order in writing issued in the name of the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to take a person into custody in order that he may
be bound to answer for the commission of an offense.
VALIDITY OF WARRANT OF ARREST- When it comes to the validity of the warrant of arrest, it will be
considered valid unless recalled or served.
ARREST WITHOUT A WARRANT (CITIZEN’S ARREST); WHEN LAWFUL
- An arrest may lawfully be made even without a warrant under certain limited conditions which
approximate the existence of probable cause as would justify the issuance of a warrant of arrest.
- Any peace officer or a private person may, without a warrant, arrest a person: (RoC, Rule 113, Sec.
5)
a. When in his presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense.
b. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the
perdon to be arrested has committed it; and
c. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is
serving final judgement or temporarily confined while his case is pending or has escaped while being
transferred from one confinement to another.
SEARCH AND SEIZURE
* Search Warrant- it is an order in writing issued in the name of the People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to search for personal property described therein and bring it before the
court. (RoC, Rule 126, Sec. 1)
To obtain a search warrant from a judge, law enforcement agencies must supply the address or description of the
place or vehicle to be searched, the crime or activities being investigated, and the things to be seized.
Requisites for Issuing Search Warrant
 Based upon Probable Cause
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 Must be in connection with one specific offense
 Must be determined personally by the judge
 Must be after examination under oath or affirmation of the complainant and the witness he may produce.
 And particularly describing the place to be searched and the things to be seized.
* PROBABLE CAUSE- refers to such facts and circumstances that would lead a reasonably discreet and prudent man to
believe that an offense has been committed and that the object sought in connection with the offense are in the place sought
to be searched.
- A judge may issue a search warrant only upon probable cause, in which he will personally
determine.
- He may do this, by personally examining in the form of searching questions and answers, in writing
and under oath, the complainant and witnesses he may produce on facts personally known to them
and attach to the record their sworn statements, together with the affidavits submitted. (RoC, Rule
126, Sec.5)
- The complainant and the witnesses must be under oath in order that perjury could be charged against
them in case their allegations prove false.
* PERJURY- is the giving of false testimony under oath.
* FORGERY- involves counterfeiting of currency, the falsification of documents, alteration of documents, use and/or
conscious possession of false writing with the intention to commit fraud.
PERSONAL PROPERTY THAT CAN BE SUBJECT TO SEIZURE
 Property subject to the offense

 Property stolen or embezzled or fruits of the offense
 Property used or intended to be used as the means or committing an offense.
VALIDITY OF SEARCH WARRANT
- A search warrant shall be valid for 10 days from its date.

- Thereafter, it shall be void. The warrant must direct that it be served in the daytime, unless the
affidavit asserts that the property is on the person or in place ordered to be searched, in which a case
a direction may be inserted that it be served at any time of the day or night. (RoC, Rule 126, Sec. 9)
WARRANTLESS SEARCH AND SEIZURE
There are several instances where a search may lawfully be made without a warrant:
* Where there is consent or waiver.
- Where a person voluntarily submits himself to a search, a warrant therefore is unnecessary.
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- And if a person failed to object at the time of the search, it is presumed that he consented to the
search.
* Where search is an incident to a lawful arrest.
- A person lawfully arrested may be searched, without a search warrant, for dangerous weapons or
anything which may have been used or constitute proof in the commission of an offense.
- Such a search incidental to a lawful arrest is justified by the need to disarm the suspect in order to
take him into custody and by the need to preserve evidence on his person for later use at trial.
* The “Plain View” Exception
- Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is
open to eye and hand.
- And where an article is already in “plain view”, neither its observation nor its seizure would involve
any invasion of privacy.
- Such an article may therefore be seized without a search warrant.
- This exception applies only where a police officer is not searching for evidence against the accused
but nonetheless inadvertently comes across such evidence whose incriminating nature is immediately
apparent.
* CHECKPOINT SEARCHES
- “Stop-and-Search” at military police checkpoints has been upheld by our Supreme Court and
therefore suspicious behavior during routine inspection and questioning at these checkpoints may
provide the probable cause to justify more extensive search.
* THE CASE PREPARATION
- This is the process of bringing together in an organized and logical manner all evidence collected
during the investigation of a crime and present it to the prosecutor.
- The investigator must be able to present to the prosecutor and prove before the court the CORPUS
DELICTI.
* CORPUS DELICTI- (substance or body of the crime) – It means that a specific crime was committed at a specified
time, date and place, and that the person named in his report committed the crime.
CRIME PREVENTION: A POLICE GOAL
- Crime prevention is a primary goal of the police.
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- It is the anticipation, the recognition, and the appraisal of a crime risk and the initiation of action to
remove or reduce it.
- In order for a crime to be committed, there must be three factors; the DESIRE to commit a crime, the
ABILITY to commit the crime and the OPPORTUNITY to commit the crime.
ABILITY DESIRE
CRIME
PREVENTI
ON
OPPORTUNITY
POLICE DISCRETION: An Issue in Policing
* Police Discretion- the wise use of one’s judgement in a police situation requiring immediate and decisive action. Simply
refers to sound decision making and judgment on a case to case basis.
The following are some of the example of police discretion:
a. To strictly enforce the laws and ordinance

b. To be lenient in the enforcement of laws and ordinance
c. To apply for search warrants
d. To arrest the suspects or just merely warn him
e. To gather additional evidence or immediately file in case against the suspects
f. To follow-up cases
When a crime is committed, how does it reach the attention of the police?
1. When witnesses or concerned citizens report criminal incident

2. When the offended party files a criminal complaint
3. By the spontaneous action or self-initiation of the directly concerned Law Enforcement agencies.
Upon knowing that a crime has been committed, how should the police respond?
The following steps provide a procedure in what is usually adopted in dealing with crimes.
1. Proceed at the crime scene as soon as possible

2. Arrest the perpetrators if they are still present at the crime scene
3. Protect the crime scene
4. Conduct crime scene search
In searching the crime scene for evidences, you can choose from these different search methods:
a. Point-to-point search
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b. Strip search
c. Grid or double strip search
d. Spiral/Circular search and Wheel Search
e. Zone/quadrant/sector search
5. Seize contrabands or weapons under the possession of suspects.
6. Interview victims and witnesses
7. Get the deposition (statement) of the suspect/s, victim/s and witness/es
8. File the appropriate case against the suspect/s
THE PHILIPPINE NATIONAL POLICE: PREMIER LAW ENFORCEMENT AGENCY IN THE PHILIPPINE
CJS
- The PNP is the premier police agency and the front liner of the country against all forms of crime
and criminality.
- It is the first agency of social control and in the criminal justice system as it is called the prime
mover.
- However, the PNP is not the only law enforcement agencies primarily involved in the CJS operation
and processes. Being the premier pillar in the Philippine CJS. It has the following powers and
functions in accordance with its mandate:
1. Enforce laws and ordinance relative to the protection of lives and properties.
2. Maintain peace and order and take all necessary steps to ensure public safety
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their
prosecution.
4. Exercise the general powers to make arrest, search and seizure in accordance with the constitution and pertinent
laws.
5. Detained the arrested person for a period not beyond what is prescribed by law, informing of his right under the
constitution.
6. Issue license for the position of firearms and explosive in accordance with law.
7. Supervise and control the training and operations of security agencies and issue license to operate security
agencies, and to security guards and private detectives, or the practice of their profession.
8. Perform such other duties and exercise all other functions as may be provided by law.
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MODULE 3- PROSECUTION (FISCAL): THE INVESTIGATOR
PROSECUTION
- Is the process or method whereby accusations are brought before a court of justice to determine the
innocence or guilt of the accused.
- It is also the institution for a continuation of a criminal suit involving the process of exhibiting
formal charges against an offender before a legal tribunal and pursuing to final judgment on behalf
of the state or government.
- The prosecution occupies the second pillar in the CJS.
- It has the burden of proving the guilt of the accused in a formal criminal proceeding.
- It acts as the lawyer or counsel for the State and insure the defendant’s prosecution and eventual and
sentencing in court.
When the police apprehend a person as a suspect in a certain crime, that person is placed under CUSTODIAL
INTERROGATION. If the outcome of the investigation reveals sufficient evidence against the suspect, the suspect is
placed under arrest. Within a prescribed period, the police report of the case is forwarded to the prosecutor’s office for
review. The prosecutor screens and evaluates the documents in order to decide whether to accept or reject the cases for
prosecution.
* PRELIMINARY INVESTIGATION- is an inquiry or proceeding for the purpose of determining whether there is a
sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been
committed and that the respondent probably guilty thereof.
The main purposes of Preliminary Investigation are the following:
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1. To protect the innocent against hasty, oppressive and malicious prosecution.
2. To secure the innocent from open and public accusation of trial, from trouble expense and anxiety of a public trial.
3. To protect the state from useless and expensive trials.
OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
1. Judges of the Municipal Trial Courts

2. Judges of the Municipal Circuit Trial Court
3. National and Regional State Prosecutors
4. Provincial and City Prosecutors
5. Such other officer that may be authorized by law.
* PROBABLE CAUSE- is such facts and circumstances that would lead a reasonably discreet and prudent man to believe
that the person sought to be arrested has committed an offense.
* INQUEST PROCEDURE- is an inquiry made by the duty prosecutor to determine the legality of the arrest made
especially those arrests made without warrant.
The inquest requires the prosecutors to resolve the complaint the police filed in a prescribed period, which
varies depending on the gravity of the offense.
 12 hours- cases punishable with light penalties

 18 hours- cases punishable with correctional penalties
 36 hours- cases punishable with afflictive or capital penalties
If the inquest prosecutor fails to complete the proceedings in the prescribed period, then the person must be released.
* PROSECUTIORIAL DISCRETION- is the prudent use of judgement being exercised by the investigating fiscal or
prosecutor in determining the existence of probable cause during preliminary investigation.
* COMPLAINT- is a sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public official charge with the enforcement of the law violated.
* INFORMATION- is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed
with the court.
WHEN IS COMPLAINT OR INFORMATION SUFFICICENT? –a complaint or information is sufficient if it states:
1. The name of the accused

2. The designation of the offense given by the stature
3. The acts or omissions complained of as constituting an offense
4. The name of the offended party
5. The approximate date of the commission of the offense; and the
6. Place where the offense was committed
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MODULE 4 COURT: THE CENTER PILLAR
* COURT
- Is the center pillar of the criminal justice system.

- It is also known as the “cornerstone” of the system.
- The court is involved in securing the efficacy, efficiency and fairness in the administration of
criminal justice.
DEFINITION OF TERMS
COURTS- are judicial tribunal primarily engaged in the dispensation or administration of justice to resolve, settle and end
cases brought before it. The Courts, in accordance with the law, acquires jurisdiction of a case for trial.
JURISDICTION- defined as the power to try and decide or hear and determine a cause. To try and decide means to
receive evidence from the parties (including their arguments). To decide or determine a case means to resolve the disputes
by applying the law to the facts.
VENUE- is the site or location where the case is to be tried on the merits. It also refers to the specific judicial branch or
sala of the judge who acquire jurisdiction or authority for trial/hearing of the case through the conduct of raffle.
JUDGMENT- is the adjudication by the court that the accused is guilty of the offense charged, and the imposition of the
proper penalty and civil liability provided for by law against an accused.
ADMINISTRATION OF JUSTICE- refers to the determination of the facts of the case based on submitted evidence and
the application of laws to such facts as presented by evidence to settle and decide a case. Administration of justice involves
two things namely:
1. Ascertainment or determination of the relevant facts of a controversy; and

2. The application of the law to those facts in order to resolve the controversy.
COURT: BASIS IN THE ADMINISTRATION OF JUSTICE
It is said that “No person shall be deprived of life, liberty or property without the due process of law nor shall
any person be denied the equal protection of the law” (Section 1, Article III, Phil. Constitution)
COURT: THE POWER OF THE JUDICIARY
The judicial power is vested in one Supreme Court and in such lower courts as may be established by law. Judicial
power includes the duty of the courts to:
a. Settle actual controversies involving rights, which are legally demandable and enforceable;
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b. Determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government.
COMPOSITION OF THE PHILIPPINE COURTS
Regular Courts
1. Supreme Court
2. Court of Appeals
3. Regional Trial Courts
4. Metropolitan Trial Courts
5. Municipal Trial Courts in Cities
6. Municipal Trial Courts
7. Municipal Circuit Trial Courts
Special Courts
1. Sandiganbayan
2. Court of Tax Appeals
3. Shari’a District Courts
4. Shari’a Circuit Courts
Collegiate Courts
1. Supreme Court
2. Court of Appeals
3. Sandiganbayan
5.
Lower Courts
1. Court of Appeals
2. Sandiganbayan
4. Regional Trial Courts
5. Metropolitan Trial Courts
6. Municipal Trial Courts in Cities
7. Municipal Trial Courts
8. Municipal Circuit Trial Courts
9. Shari’a District Courts
10. Shari’a Circuit Courts
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The Municipal Trial Courts and Municipal Circuit Trial Courts
- Every municipality in the Philippines has its own MTC.

- It is referred to as such if it covers only one municipality, otherwise, it is called Municipal Circuit
Trial Court if it covers two or more municipalities.
The Metropolitan Trial Courts and Municipal Trial Courts in Cities
- Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished from
the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.
- In cities outside Metropolitan Maanila, the equivalents of the Municipal Trial Courts are referred to
as Municipal Trial Courts in Cities.
The Regional Trial Courts
- RTC were established among the 13 regions in the Philippines consisting of regions I to XII and the
NCR.
- There are as many Regional Trial Courts in each region as the law mandates.
* RA 8369 otherwise known as the “FAMILY COURTS ACT OF 1997” was enacted establishing the FAMILY
COURT, granting this court exclusive original jurisdiction over child and family cases.
The Shari’a Courts
- Equivalent to the Regional Trial Courts in rank are the Shari’a District Courts which were
established in certain specified provinces in Mindanao where the Code of Muslim Personal Laws of
the Philippines is being enforced.
- A Shari’a District Court is of limited jurisdiction.
- It was created under Presidential Decree No. 1083.
- Cases falling within the exclusive jurisdiction of the Shari’a District Courts primarily pertain to
family rights and duties as well as contractual relations of Filipino Muslims in the Mindanao.
The Court of Tax Appeals
- It was created under RA 1125.

- It is a special court of limited jurisdiction.
- RA 9282- expanded the jurisdiction of the Court of Tax Appeals, elevating its rank to the level of
collegiate court with special jurisdiction and enlarging its membership.
- The Court of Tax Appeals consists of a Presiding Justice and five (5) Associate Justices.
- The incumbent Presiding Judge and Associate Judges continue in office and bear the new titles of
Presiding Justice and Associate Justices.
- The Presiding Justice and the most Senior Associate Justice serves as chairmen of the 2 Divisions.
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The Sandiganbayan
- It is a special court which was established under PD 1606.

- Its rank is equivalent to the Court of Appeals.
- The Sandiganbayan sits in 5 divisions of three justices each. The 5 may sit at the same time.
- The first three divisions stationed in the Metro Manila Area, the fourth division shall be in Cebu City
for cases coming from the Visayas Region and the Fifth division shall be in Cagayan de Oro City for
cases coming from the Mindanao region.
The Court of Appeals
- The court of Appeals was established under Batas Pambansa Bilang 129 known as “THE
JUDICIARY REORGANIZATION ACT OF 1980”.
- The Court is composed of one Presiding Justice and 68 Associate Justices. They are all appointed by
the President.
- The court sits by divisions; each division being composed of three members. The court may sit en
banc for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions.
The Supreme Court: THE HIGHEST COURT
- The Supreme Court is the final arbiter of any and all judicial issues.
- When so deciding, it may sit en banc or in divisions of three, five or seven members.
- The SC is composed of 1 Chief Justice and 14 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 SC 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.
KATARUNGANG PAMBARANGAY UNDER PD 1508
- Presidential Decree No. 1508, otherwise known as the Katarungang Pambarangay Law, was
signed on June 11, 1978 and took effect on December 11, 1978.
- PD 1508 provides for the amicable settlements of all disputes among barangay residents to maintain
harmonious relations and foster camaraderie and bonding as law-abiding members of the society.
- The law formally organized and institutionalized the system of amicable settlement of disputes at the
barangay level, with the purpose of fostering harmony, peace and order and community cooperation.
- The DILG, through the Bureau of Local Government Supervision (BLGS) is mandated by law to
administer, implement, supervise, evaluate, and issue the required implementing rules and
regulations governing the Katarungang Pambarangay Law.
KATARUNGANG PAMBARANGAY UNDER RA 7160
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- The Local Government Code of 1991 (RA 7160), which took effect on January 1, 1992, has included
provisions for the concept of Katarungang Pambarangay.
- The revision of the Katarungang Pambarangay Law under RA 7160 has expanded the jurisdiction of
the Katarungang Pambarangay to include a wider range of cases and introduced certain minor
procedural amendments to the law.
- The implementation and supervision of the KP was given to the city or municipality to empower
Local Government Units (LGU’s).
Principle of Amicable Settlement – At the barangay level, mediation is a form of the indigenous system of promoting
friendship, keeping the peace, insure order and justice originally practiced as an alternative mode of governance and people
empowerment.
The principle of mediation, conciliation and arbitration as a mode of settling disputes is to bring the concerned
parties together and reach an agreement and mutual understanding that the whole process rests upon the parties and not on
the shoulder of the Lupons.
Mediation
- Is a face to face disputes process with the Punong Barangay as mediator assisting the negotiating
disputants in defining issue and interest, reviewing interest, exploring solutions, and developing
mutually acceptable settlements.
- The mediation (or conciliation) proceeding are not held for the purpose of determining the legal
rights and obligations of the parties.
- Rather, they are for the purpose of encouraging and helping the parties to arrive at an amicable
settlement of their dispute.
Conciliation
- Is a form of mediation where the Pangkat ng Tagapagkasundo, a panel of 3 mediators selected from
the Lupong Tagapamayapa, assists the parties in formulating their own agreement in a face-to-face
meeting.
Arbitration
- Is a face-to-face dispute resolution process whereby the Punong Barangay or the Pangkat ng
Tagapagkasundo, act as an arbitrator.
- The parties present evidence as to the facts and merits of the case to the arbitrator.
- On the basis of the facts, the arbitrator makes a decision, an award that he or she believes to be fair
and just.
- The arbitrator(s) must be neutral, impartial, and acceptable to the disputing parties.
Dispute Resolution under the Katarungang Pambarangay System
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If parties are unable to settle disputes themselves through negotiation and the disputes falls under the jurisdiction
of the Katarungang Pambarangay, they must bring the case to the Punong Baranagy to attempt settlement prior to filing
their complaint in court.
In the KP System, the Punong Barangay, will, as directed by the parties, mediate or arbitrate the case. If the
Punong Barangay is unable to achieve a settlement, the case is referred to the Pangkat ng Tagapagkasundo, a panel of three
members of the Lupong Tagapamayapa, who can conciliate(mediate) or arbitrate the case.
If neither the Punong Barangay nor the Pangkat is able to effect a settlement, the Lupon Secretary or the Pangkat
Secretary (with attestation by the Lupon or Pangkat Chairman) will issue a certificate to file action in court, and the parties
may then file the complaint in court.
The Katarungang Pambarangay law also provides for the resolution of disputes through indigenous system of
dispute resolution; where settlement is not achieved, the Punong Barangay will issue a certificate to file action in court.
ORGANIZATIONAL STRUCTURE OF THE LUPONS
- The Lupong Tagapamayapa(LUPON) is a group of 10-20 people, selected by the Punong Barangay
who possess integrity, impartiality, independence of mind, sense of fairness and reputation for
probity.
- When the Punong Barangay is unable to settle a dispute, the case is referred to a panel of 3 Lupon
members (the PANGKAT) for conciliation or arbitration.
- The Pangkat members are selected by the parties, or if the parties cannot agree, chosen by the
chairman of the Lupon.
JURISDICTION OF THE KATARUNGANG PAMBARANGAY
Katarungang Pambarangay has jurisdiction in all cases between parties residing in the same municipality, except:
1. When one party is the government, or any subdivision or instrumentality thereof.

2. Where one party is a public officer or employee, and the dispute related to the performance of official functions.
3. Offense punishable by imprisonment exceeding 1 year or a fine exceeding 5,000 pesos.
4. Offenses where there is no private offended party.
5. Where the dispute involves real properties located in different cities and municipalities, except where such
barangay units adjoin each other and the parties agree to submit their difference in amicable settlement by the
appropriate Lupon.
6. Disputes involving parties who reside in barangays in different cities or municipalities, except where such
barangay units adjoin each other and the parties agree to submit their differences in amicable settlement by the
appropriate Lupon.
7. Other classes of disputes which the President may determine in the interest of justice or upon the recommendation
of the Secretary of Justice.
8. Where the accused is under detention.
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9. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceeding.
10. Where actions are coupled with provisional remedies such as Preliminary injunctions, attachments, delivery of
personal property, support pendent lite; and
11. Where the action may otherwise be barred by the status of limitations.

MODULE 5- CORRECTIONS: PILLAR FOR REFORMATION
Corrections
- Refer to the confinement and treatment of adult offenders and juvenile delinquents.
- Refers to the implementation and execution of sentences imposed by the courts; the system that
administers those sentences.
- Is the generic term that includes all government facilities, programs, procedure, personnel and
techniques concerned with the investigation, intake, custody, confinement, supervision, or treatment
of alleged offenders.
CORRECTIONS: ITS ROLE, OBJECTIVE OR PURPOSE
- The purpose or objectives of modern corrections in contemporary society are retribution, deterrence,
isolation, reformation, rehabilitation and reintegration.
- The basic consideration of each of these objectives is based on the observance and respect of human
rights, dignity and the self- worth of an individual.
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* Retribution- under the Philippine penal law, the basis of criminal liability is human freewill and the purpose of
punishment is retribution
- Incarceration or imprisonment is carried out and justified by the state as penalty for the law violated.
- Imprisonment is expected to make life unpleasant for the people who, by their crime, made others’
lives unpleasant.
* Deterrence- the state wants to protect the society by reducing crime and isolating and segregating criminals through
imprisonment.
- Prison is expected to reform convicts and effectively deters or discourages others from becoming
criminals and thereby effectively reduces crime rates as a result.
* Isolation- segregations of criminals from society are aimed at preventing the occurrence of crime and protecting the
public from harm, which criminality may inflict.
* Reformation- this involves the use of punitive and disciplinary measures such as solitary confinement, to modify or
reform criminal behavior whose conduct and deportment is not totally responding to rehabilitation programs.
* Rehabilitation- is based on the premise that through correctional intervention (educational and vocational training and
psychotherapeutic programs), an offender may be changed. This punishment is also known as individualized treatment.
* Reintegration- the effort of correction to change criminal behavior should result in a situation and ability on the part of
the penitent offender to return to society in some productive and meaningful capacity in a free community.
CORRECTIONS: A HISTORICAL DEVELOPMENT
Theoretical foundations in dealing with criminals:
The Classical School of Thought- “Let the punishment fit the criminal” (Beccaria).
- The philosophy of hedonism and freewill – to make a rational choice between what will cause pain
and what will result in pleasure.
- The emphasis is in response to the offense.
- A swift and certain punishment for criminal behavior is assumed by that will deter people from
committing crime.
- The birth of Beccaria’s concept was in response to harsh types of punishment inflicted during that
time.
- The theory gains dramatic change in the perspective of punishment and criminal law.
The Neo-Classical School of Thought- is a modification of the classical assumption of freewill where there was no
definition as to who has freewill.
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- Therefore, neo-classical concept defines its boundaries of freewill, that children and lunatic person
do not have freewill, thus they must be excluded to any punishment since they do not know what is
right and wrong.
The Positive School of Thought- “Let the treatment fits the criminal” (Lombroso).
- People cannot always be held accountable for their behavior because of factors beyond their control.
- This is known as DETERMINISM. That man’s freewill can be influenced and be dictated by
physical, psychological and environmental conditions.
- That when a person commits a crime there are effects or he is sick either physically, psychologically
or environmentally which causes him to commit crime.
- Therefore, criminal should not be punished but rather be treated because he is having illness, which
leads him to do wrong.
Early Forms of Corrections
During the early development of civilization, people believe that when a person commits a crime, he is being
possessed by a demon. The system of their correction is focused to cast out the demon inside the person’s body. This
was the very cause why he committed a crime. The following methods were used:
* Pungent Poison- when an individual commits a crime, they let the person drink a pungent poison to drive away the evil
spirit inside his body which leads him in the commission of crime.
* Grotesques Mask- they wear a grotesques mask and they dance around the person who commits a crime order to drive
out the spirit in his body.
* Trephination Method- a piece of stone wood which has very sharp edge will be used to make a hole at the forehead of
the person who violates the law and they will pray or cast out the spirit to get of his body.
* Banishment- when a person commits a crime, he will be rejected by the community for him not to influence other to
commit a crime, if he refuses to depart in his community, he will be killed.
EARLY FORMS OF PUNISHMENT
* Flogging
- It is the whipping of a stick, rope, or leather to a person who violates the law.
- Flogging was widely used in England during the middle ages, were offenders are beaten as they walk
through the streets with their hands tied behind their back.
-
* Mutilation
- It is the cutting of some parts of the offender’s body.
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- Throughout history various societies have amputated the hands of thieves and robbers, blinded spies,
and castrated rapists.
- Blasphemers have their tongues ripped out, and pickpockets have suffered broken fingers.
- Extensive mutilation which includes blinding, cutting off the ears and ripping out the tongue, was
instituted in eleventh-century in Britain and impose hunters who poached on Royal Lands.
- Today, Iran and Saudi Arabia still use the mutilation type of penalty which incapacitates offenders
and giving to society a walking example of the consequences of crime.
* Public Humiliation
- It gives an opportunity of the members of the community to take its vengeance.

- Offenders are sent to the stocks or pillory and found themselves captive and on public display.
- They will be heckled and spit upon by passersby. Other citizens might gather to throw tomatoes or
rotten eggs.
- On occasion, citizens who were particularly outraged by the magistrate or nature of the offense
would substitute rocks to end the offender’s life.
* Exile/Banishment
- The ancient Hebrews periodically forced a sacrificial goat symbolically carrying the tribes into
wilderness, a practice which has given us the modern word “scapegoating”.
- The French sent criminal offenders to evil’s island; Russians had used Siberia as the land where
banished people are sent.
- England sent their prisoners to America beginning in 1618, the British program of exile, is known as
“Transportation”, which served the dual purpose of providing a captive labor force for development
of the colonies, as they oppose the corporal punishment.
- In 1776, the American Revolution forced the practice to end.
- The British penology shifted to the use of aging ships called HULKS, as temporary prisons.
* Hulks- were anchored in Harbors through England and serves as floating confinement facilities.
* Work houses
- During the 16th century, Europe was faced with an economic upheaval as a product of their industrial
revolution.
- Thousands were unemployed and vagrants are everywhere in towns and villages seeking food and
shelter because their homes and pieces of land were sold for the industrialization of Europe.
- The government of Europe believed that poverty was the cause of laziness.
- They created workhouses designed to instill the habits of industry.
- The first workhouse in Europe opened in 1557 in a former British Palace, which was called “Saint
Bridget’s Well”.
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- The name was shortened to Brideswell and the name Brig swell became synonym for workhouse.
Brideswell taught work habit to the inmates instead of punishing them. Hard work was the
replacement.
Development of Prisons in Europe
During the dominance of the Roman Empire the manifestation of punishment was slavery where people are forced
to build castles, roads and empire.
In 1166 A.D. Assize of Clarendon (Constitution of Clarendon) constructed the first facility designed solely for
public incarceration. This facility was known as Gaol (known as Jail today). The gaol was being managed by the Shire
Reeve.
John Howard
- One of the pioneers to advocate a change of punishment.

- Howard, who is a former prisoner and was released through parole Became The First English Prison
Reformer as he was then appointed sheriff of Bedford Shire, a local gaol in England.
- Howard visited other prison in England and America and after evaluating the conditions of the prisoners, he
came up with prison concept that:
1. Prisoners must be segregated according to sex, age, and gravity of their offense.
2. The jailer or staff must be paid to prevent extortion to prisoners.
3. A chaplain and a medical officer must be employed to address the spiritual and medical needs of the prisoners.
4. Prisoners should be provided with clothing and food.
5. Liquor should be prohibited in jail.
As a result of Howard’s finding and recommendation, the Penitentiary Act of 1779 was passed which provided the
establishment of a secure, clean and systematic prison, and abolished the fees for basic services.
Howard then coined the word “Penitentiary” a concept that rejects hard labor as a form of punishment.
Hospice of San Michelle and Maison de Force- these institutions were used and followed by other prisons as an
alternative to the use of physical and public punishment.
Development of Prison in America
The Pennsylvania System
William Penn- the governor of the state of Pennsylvania initiated early reforms their prison system such as:
1. Abolishing capital punishment for crimes other than homicide.

2. Substitution of bloody punishment to imprisonment and hard labor.
3. Providing free food and lodging to inmates replacing the pillory and stocks with houses of detention.
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* Pennsylvania System
- Prisoners were held in solitary refinement(confinement) where they make their repentance or self-
punishment of the crime they committed.
- Prisoners were allowed to work inside their cells and they are not allowed to talk.
- The rehabilitation process was anchored on the teachings of the Bible.
- Their solitary confinement was intentionally designed to avoid contact with other inmates and staff
to avoid contamination of criminal behavior.
- Humane and religious principles were applied into the handling of prisons. Rehabilitation and
deterrents were its objectives in applying these principles.
* Auburn System
- Auburn introduced the congregate prison in silent system.

- Under this system, prisoners worked, lived and ate together in silence.
- Whipping and hard labor was given to prisoners to maintain.
- The first prison to abandon the Pennsylvania System was the New York State prison at Auburn.
The Reformatory System
1. Alexander Maconochie- “Father of Parole” He developed a system which punishment of one’s crime committed was
still maintained but, a process of reform was provided to the offenders.
* Mark System- prisoners were encouraged for good behavior for them to gain incentives that would lead to their
early release. Mark System became the forerunner of Parole.
2. Sir Walter Crofton- was the chairman of the Board of Prison in Ireland.
- He was influenced by Maconochie’s efforts of early release.

- Crofton believed that the amount of time served should be released to the prisoner’s reformation.
- Crofton also believes that convicts could not be rehabilitated without successful reintegration into the
community.
On 1854, Crofton established the Irish concept of Ticket-of-Leave System. Where offenders could earn their
early release by stages.
1. First Stage, inmates were held in solitary confinement and performed dull and monotonous work in Mountjoy
prison.
2. Second Stage, they were assigned to Spike Island where they work on fortifications or public works projects.
3. Third Stage, prisoners were assigned in field units in which they worked directly to the community on community
service or other community projects with unarmed guards supervising them.
4. Fourth Stage, prisoners worked in the community without supervision, moving freely between prisons and
community.
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5. Fifth Stage, prisoners who were able to follow the stages successfully were awarded the “Ticket of Leave”
* Ticket-of-Leave- is a conditional release that could be revoked any time before the original sentence expired. If the
offender violated any of the established standards, its’ early release is revoked. Essentially, the ticket of leave in which
Crofton designed is the first form of formal parole, which is used today.
3. Rutherford B. Hayes- the former President of the United States, was elected as the First President of the National
Prison Association.
- He was also very influential in making reforms in jails. Where he encouraged the separation of
offenders by age, the practice of indeterminate sentence, academic and vocational training for
inmates.
4. Gaylord B. Hubbell- was the warden of Sing Sing Prison in New York.
- In 1865, he visited and studied the prisons in England and he was so impressed by the Irish
System.
- Upon his return to the US, he recommended that Indeterminate Sentence be used in American
Prisons, creating reformatory-based upon the concept of an early release if the inmate reformed
himself.
* The Elmira Reformatory
- In 1876, the first reformatory institution was opened in Elmira, New York.
- The Elmira Reformatory was under the direction of Zebulon Brockway.
- Brockway introduced the enlightened approaches to the prisoners but still maintains strong mind
of the prisoners. These include:
1. Classification of prisoners according to their behavior.
2. A regular exercise.
3. Vocational training
4. Formal Academic Education as Elmira’s most important mission
5. Indeterminate Sentence
6. Parole
7. Elmira accept only first offenders between 16-30 years old.
The Elmira Reformatory claimed success in their process of reformation of offenders. But, a proven relative failure
and disappointment was met by Elmira, because many inmates re-entered criminalities following their release and the rate
of Recidivism was high.
The failure of Elmira was attributed to:
a. Lack of qualified staff

b. An overemphasis on confinement and institutional security rather than reformation
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c. They are on the adult correctional system, because Elmira only caters youthful offenders.
* The Industrial Prison
- The failure of reformatory style of prison was the development of attractive alternative where potential
profitability of inmates’ labor was conceptualized.
- The prison in U.S. have as well shifted its prison system.
- Prison were converted into industries and farms.
- There are 6 systems of inmate labor used:
1. Contract System- materials were provided by private businesses. Its’ manufacturing process was supervised
inside the prison.
2. Piece-price System- materials and the products are produced by the prisons and bought by the private businesses.
3. Lease System- prison institutions acting labor firm or labor agency to private businesses that needs manpower.
4. Public Account System- goods and products are owned and manage by the prison and sold it to the market.
5. State-use System- prisoners provided the labor for state agencies.
6. Public Works- prisoners worked in roads and highways construction and maintenance.
The Treatment Era of Prisons
- The concept of the treatment era came after the World War II in 1940’s, this is passed on a medical
model of corrections.
- This concept combined the correction, reformation and behavioral treatment or psychiatric approach.
- Inmates are treated as “clients” or “patients” than offenders, which implied that offender was sick and
that rehabilitation is the process of treating its sickness.
Therapeutic model programs have been developed to address and help the inmate mature psychologically and
taught to assume responsibility for his life. These treatment programs are:
1. Individual Treatment
- The offender and the therapist develop a face-to-face relationship.
- Most individual approaches depict the offenders as someone who has not developed sufficiently to
manage his own behaviors effectively.
- One reason for this is traumatic experiences in early life, the therapist will try to uncover its causes and
let the inmate understand in order to produce effective behavioral changes.
2. Group Therapy
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- Relies upon the sharing of insights gleaned by process, making it clear to the client the emotional basis of
his criminal behavior.
- The inability of the inmates to own up responsibilities must be attack and rid them off as values or self-
concept, for them to accept positive and productive image.
3. Guided Group Interaction or GGI
- Is a treatment strategy, which combines elements of individual treatment and group therapy.
- In GGI, therapist assists the group in uncovering individual fears, hidden experiences, and anxieties
which act as barriers to conventional behavior.
4. Behavior Therapy
- Was structured so as to provide rewards for approved behavior, while punishing undesirable behavior.
- If client was able to follow good behavior rewards will be provided unto them such as: better housing
conditions, better foods, TV privileges, and the like.
5. Chemotherapy and Neurosurgery - was used on highly aggressive inmates to control their destructive behavior.
6. Sensory Deprivation- is sought to calm disruptive offender to associate pain and displeasure with some certain
stimuli, which previously led to criminal behavior.
Other Treatment Programs
1. Psychotherapy- one of the basic concept of psychotherapy is the transferee, the re-directing of feelings from the
therapist, which in turn enables the therapist to probe the attitude, thoughts; and feelings about significant persons in the
clients past through his own relationship with the client. The therapist then interprets behavior to point out the negative
dynamics and he must also point out the reality of the situation and of behavior itself.
2. Social Casework- it deals directly with the maladjusted individual to determine the kind of help he needs and to assist
him in coping with his problems. To deter the condition that contributes to deviant behavior and pinpointing the resources
necessary to support the client in his efforts to become a contributing member of society. The caseworker utilizes the social
history to explore the client’s background, environment and relationship with his family, friends and peers, on a one on one
basis.
3. Reality Therapy- the major basis of the reality therapy approach is that all persons have certain basic needs. When they
are unable to fulfill these needs, they act in an irresponsible manner. The object of reality therapy is to help the person act
in responsible manner, in the case of a delinquent, to help him refrain from anti-social activity. A premise of this approach
is that, regardless of what the delinquent youngster has done and the extenuating circumstances, for example, adequate
parents or negative environmental condition, the youngster is still responsible for his behavior.
4. Transactional Analysis- is mainly concerned with evaluating and interpreting interpersonal relationship and dynamic
transactions between the client and his environment. Transactional analysis is based on the following assumptions:
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1. Human relationship consist of competitive acts of social maneuvers which serves as a defensive function and yield
important gratification which can be labeled “games”.
2. All persons manifest three different “ego states”, the child, a relic of the individual’s past, the parent: whom he has
incorporated through identification with his parents, and the adult, who is the mature and responsible self.
5. Vocational Counselling- the main purpose of vocational counselling is to increase the client’s knowledge of career
choices, job qualifications and training needed for successful employment. The counselor can help young person identify
his interests by questioning him about his attitude towards work in general and the specific types of employment that
appeal to him.
6. Behavior Modification- is based on the assumption that delinquent behavior is learned, maladaptive behavior usually
has to be modified through the development of new learning processes. Generally, behavior assumes that behavior will
change in direct proportion to the amount of rewards or punishment that exist as enforcements of negative or unpleasant
reinforcement will reduce or eliminate much negative behavior, whereas positive or pleasant reinforcement will tend to
maintain or even increase positive behavior. If positive behavior is adequately rewarded, it will be perpetuated.
7. Crisis Intervention- the basis of this therapy is that when a person experiences a crisis, his psychological resources may
become overtaxed, making him vulnerable to further breakdown. The resolution of the current crisis may lead to the
solution of older problems as well as because of the reawakening of fears and repressed that reoccur during time of crisis.
8. Counselling- is a relationship in which one endeavors to help another understand and solve his problem of adjustment.
The counselling procedure involves the client’s understanding of his immediate situation and the solving of a problem
which affect him and others. No attempt is made to affect a fundamental change of the client’s personality when a person
needs reorientation to a particular situation, counseling is indicated.
9. Group Therapy- the emphasis is still on the individual while utilizing the group as a mechanism to better understand the
individual and his behavior. Because the delinquent often manifests his behavior as a part of a natural vehicle in which to
view the way he reacts to the group and the pressures it produces to influence his behavior.
10. Social Group Work- a social work focused on the individual in a group setting which attempts to help him function
more effectively in-group and derive greater satisfaction from this participation. Social group work method operated on its
principles:
1. The worker’s main function is helping and his helping is perpetuated to establish purposeful relationships with
group members.
2. The worker must be warm, understanding and spontaneous, but yet be able to maintain and enhance group
direction.
3. The worker has to accept group members without accepting their behavior and often limits have to be utilized but
in a constructing manner.
4. The worker has to manage the group while at the same time not forgetting the uniqueness of the individual.
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11. Group Psychotherapy- when comparing with other group methods, is usually thought of as having more
ambitious goals, such as deep insight development and personality restricting. Many of the techniques utilized,
however, are similar to other group methods, and major difference is in degree of probing the intensity of the
relationship.
12. Activity Therapy- focused on very young children and resistant subjects such as delinquents and pre-delinquents are
especially suited to this method. Children gathered or invited to meet at a specific time and place to engage in an activity
such as group games or some artistic endeavor thereby expressing their conditions or perspective in life.
13. Guided Group Interactions- the group and its processes gives delinquents a venue to solve his problem. The group is
the major vehicle for change. Under this concept, the delinquents will benefit from the freedom to discuss and analyze
problems and their own poles and relationships within the group. This operates most effectively in an informal atmosphere
where most of the social controls evolve from the group itself and where meaningful interaction of group members can
ultimately produce insight and new patterns of adaptation to the community. The objective is to develop a group culture in
which those involved will make themselves responsible for helping and controlling each other.
14. Milieu Therapy- attempts to produce an environment that will facilitate meaningful change, increased growth and
satisfactory adjustment. This is best person’s reaction to unfavorable-life conditions.
15. Private Prisons- the Corrections Corporation in America was one of the first companies to offer privately operated
correctional facilities to states. The movement towards privatization of prisons is slowly emerging into the prison
approaches as an alternative to lower cost in operating prison. Today, prisons have started to privatized some of its
operations such as food, psychological testing, training whether vocational or academic, recreational activities and security.
Stages in the History of Corrections
* Age of Reformation- replace corporal punishment, exile and punishment with penitentiary.
* Age of Rehabilitation- individual therapy aimed at healing personal maladjustment has been introduced
* Age of Reintegration- emphasis is placed on the society’s pressure exerted to the offender by social groups regulating
his opportunities to achieve his goals.
The Philippine Correctional System
Early Development
* The main penitentiary was the Old Bilibid Prison in Oroquieta Street in Manila, which was established in 1847. It was
formally opened on April 10, 1866 by a Royal Decree.
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* San Ramon Prison and Penal Farm in Zamboanga City was established on August 21, 1870 to confine Muslim rebels
and recalcitrant political prisoners opposed to the Spanish Rule. The facility which faced the Jolo Sea, had Spanish inspired
dormitories and was originally set on a 1,414-hectare sprawling estate.
* Bureau of Prisons was created under Reorganization Act of 1905 as an agency under the Department of Commerce and
Police. It also paved the way for the re-establishment of San Ramon Prison in 1907, which was destroyed in 1898 during
the Spanish-American War.
* Iuhit Penal Settlement (now Iwahig Prison and Penal Farm) were established by Americans on a vast reservation of
28, 072 hectares. It would reach a total land area of 40,000 hectares in the late 1950’s. it was located on the westernmost
part of the archipelago far from the main town to confine incorrigibles with little hope of rehabilitation.
The area was expanded to 41,007 hectares by virtue of Executive Order No.67 issued by Governor Newton Gilbert
on October 15, 1912.
* Correctional Institution for Women(CIW) was created on November 27, 1929 under Act No.3579. Up to now, it is the
only prison facility for women in the country.
* Davao Penal Colony in Southern Mindanao was opened in January 21,1932 under Act No. 3732. (About 500 hectares of
the Davao Penal colony used to be planted by abaca.)
* After the liberation of the Philippines, the colony-in exile in Palawan returned to its old site in Davao. A great deal of
rebuilding and repair had to be done because the war had almost completely destroyed the colony. In 1953, the colony
ventured into abaca farming. A few years later, a new sub colony was founded in Kapalong district.
In the 1970’s, the prison administration entered into a joint venture agreement with a private sector partner to
further explore the potential of the area. Under the agreement, prisoners are to be trained as part of their rehabilitation in
agro-industrial production of fruits like bananas.
The Sablayan Prison and Penal Farm
Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in Occidental Mindoro and
relatively new.
Established on September 26, 1954 by virtue of Presidential Proclamation No. 72, the penal colony has a total land
area of approximately 16,190 hectares. Prison records show that the first colonists and employees arrived in Sablayan on
January 15, 1955. Since then, several buildings have been constructed, including the colonists’ dormitories, employees’
quarters, guardhouse, schoolhouse, chapel, recreation hall and Post-exchange. Three sub-colonies were later organized.
One is a reservation which this day remains part of a protected rainforest. Another is in a coastal area. The third
was used by the national government as relocation site for refugees from the eruption of Mt. Pinatubo eruption in 1991.
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The Sablayan prison is a facility where prisoners from New Bilibid Prisons are brought for decongestion purposes.
It follows the same colony standards as other Penal Farms.
The Leyte Regional Prison
The Leyte Regional Prison situated in Abuyog, Southern Leyte was established a year after the declaration of
Martial Lawin 1972 by virtue of Presidential Decree No. 28. While its plantilla and institutional plan were almost ideal,
lack of funds made the prison unable to realize its full potential and its facilities are often below far compared with those of
other established penal farms.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the main correctional program
in addition to some rehabilitation activities. The prison admits convicted offenders from Region VI and from the national
penitentiary in Muntinlupa. It later became an agricultural estate for Cavendish bananas.
The New Bilibid Prison (NBP)
The projected increase in the prison population prompted the government to plan and develop a new site for the
national penitentiary.
The growing urbanization of Manila and constant lobbying by conservative groups fueled the idea of transferring
the Old Bilibid Prison to a new site, which at the time was considered remote and on the outskirts of the urban center.
Accordingly, Commonwealth Act No. 67 was enacted, appropriating one million pesos for the construction of a new
national prison in Muntinlupa.
On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were transferred to the new site. The new
institution had a capacity of 3,000 prisoners and it was officially named the New Bilibid Prison on January 22, 1941. The
prison reservation had an area of 587 hectares, part of which, was arable.
The prison compound proper had an area of 300x300 meters or a total of nine hectares. It was surrounded by three
layers of barbed wire. The institution became the maximum security compound in the 70’s and continues to be so. The
camp houses not only death convicts and inmates sentenced to life term, but also those with numerous pending cases,
multiple convictions, and sentences of more than 20 years.
After World War II, there was a surfeit of steel matting in the inventory and it was used to improve the security
fence. In the late 60’s, fences were further reinforced with concrete slabs. In the 1980’s the height of the concrete wall was
increased and another facility was constructed, 2.5 km from the main building. This became known as Camp Sampaguita or
the Medium Security Camp.
On January 22, 1941, the electric chair was transferred to New Bilibid Prison. The death chamber was constructed
in the rear area of the camp when the mode of execution was through electrocution. Today, it is a security zone where those
convicted of drug offenses are held.
35
The NBP expanded with the construction of new security facilities. These were the Medium Security Camp,
which was used as military stockade during martial law and the Minimum Security Camp, whose first site was christened
Bukang Liwayway. This was transferred to another site within the reservation where the former depot was situated.
The increase in prison population has affected the segregation system. Several foreign funded projects dot the
prison reservation. Among them, the Half-Way House and the Juvenile Training Center. Both projects are supported by
funds from Japan through the representation of the Interdisciplinary Committee of NaPolCom.
Correctional Institution for Women (CIW)
In a report dated January 22, 1959, submitted to a committee created by Administrative Order No. 287 by the
President of the Philippines, it was noted that “before a separate building was constructed especially for women prisoners,
all female convicts were confined at the Old Bilibid Prison on Azcarraga St. Manila. The male prisoners were confined in
dormitories near the women’s quarters. Because of these conditions, vocational activities of the women prisoners were
limited to embroidery. When they became ill, the women were confined in a separate building which served as a hospital
with nurses and prison physicians. When women prisoners needed surgery, they were operated on at the Bilibid prison.
After the operation, they were transferred to the infirmary for convalescence”.
Prison authorities were aware of the conditions that the women prisoners had to endure. Consequently, the transfer
of the women to a separate site became inevitable. After a series of negotiations started by Prison Director Ramon Victorio,
the Philippine Legislature passed Republic Act No. 3579 in November, 1929. It authorized the transfer of all women
inmates to a building in Welfareville at Mandaluyong and appropriated P60,000 for the move.
On February 14, 1931, the women prisoners were transferred from the Old Bilibid Prison to the building
especially constructed for them. Its old name, “Women’s Prison” was changed to CIW. This was in keeping with emerging
trends in penology, which emphasized correction rather than punishment. Convicts were brought back into the social
mainstream adjusted and rehabilitated with a better outlook in life.
CIW, according to a senate report, occupied 18 hectares. The original structure was a one-story building which
housed the office, the brigades, mess hall, kitchen, chapel, infirmary, bathrooms and employees’ restrooms. The building
has a central courtyard with trees and flowering plants. The prisoner’s vocational activities were expanded to include
poultry and piggery as well as cultivation of crops, flowers and fruits. Living quarters for the institution’s employees were
later constructed in the compound.
During the Japanese Occupation, the CIW, despite a drastic reduction in the number of its employees, continued
with its work. A number of female military prisoners were also confined in the institution. They were later freed by the US
Army.
In 2000, a new four-story building was constructed by the Department of Public Works within the grounds of
CIW. It eased the growing congestion in the facility. The CIW, with a capacity for only 200 inmates, had to accommodate
1,000 inmates.
36
Iwahig Penal Colony
This facility was established during the American Occupation. It was during the Spanish Regime that Puerto
Princesa was designated as a place where offenders sentenced to banishment were exiled.
The institution had for its first Supt. Lt. George Wolfe, a member of the US expeditionary force, who later became
the first prison director.
Governor Luke Wright authorized the establishment of a penal colony in the province of Palawan on November
16, 1904. This penal settlement, which originally comprised an area of 22 acres, originally served as a depository for
prisoners who could not be accommodated at the Bilibid Prison in Manila.
The settlement was at first beset by attempted escapes. But under the supervision of Col. John R. White of the
Philippine Constabulary, who would become superintendent of Iwahig in 1906, the colony became a successful settlement.
A merit system was devised for the prisoners and vocational activities were offered. These included farming, fishing,
forestry, carpentry and hospital paramedical work. Prisoners could choose the vocational activities they wanted.
In 1955, Administrative Order No. 20 was promulgated by the President and implemented by the Secretary of
Justice and the Secretary of Agriculture and Natural Resources. This order allowed the distribution of colony lands for
cultivation by deserving colonists. Lots granted did not exceed 6 hectares.
Accordingly, prisoners in Iwahig were divided into 2 groups: the settlers and colonists. The settlers are those
engaged in farming for their own benefit; they are the ones whose application for land to cultivate have been approved.
Upon their release from the colony, they receive whatever amount of money they have credited in their favor, after
deducting the obligations they have.
Iwahig is subdivided into 4 zones or districts:
- Central Sub-Colony- 14,700 hectares

- Sta. Lucia- 9,685 hectares
- Montible- 8,000 hectares
- Inagawan- 13,000 hectares
San Ramon Prison and Penal Farm
Was established in Southern Zamboanga on August 21, 1870 through a royal decree promulgated in 1869.
Established during the tenure of Governor General Ramon Blanco, the facility was originally established for persons
convicted of political crimes.
Considered the oldest penal facility in the country, prisoners in San Ramon were required to do agricultural work.
After several years, the colony became practically self-supporting, with 75,000 coconut trees, which were planted at the
37
beginning of Pershing’s administration, contributing to the colony’s self-sufficiency. Aside from coconuts, rice, corn,
papaya and other crops were also cultivated.
Davao Penal Colony
The first penal settlement founded and organized under Filipino Administration. The settlement which originally
had an area of approximately 30,000 hectares in the districts of Panabo and Tagum, Davao del Norte, was formally
established on January 21, 1932 by virtue of Act no. 3732.
Modern Approaches in Corrections
1. Institution-Based Correction- those agencies and institution responsible for maintaining physical custody of an
offender and includes juvenile hall, camps and prison
2. Community-based Correction- comprising all correctional activity that takes place outside the institution and
includes probation, parole and other programs outside the prison walls.
Correctional Agencies in the Philippines
1. Bureau of Corrections
- Is an attached agency of the DOJ.
- Their principal task is for rehabilitation of prisoner.
- BUCOR exercises control and supervision of all the corrections/prisons facilities nationwide namely:
1. New Bilibid Prisons (NBP)
2. Correctional Institution for Women (CIW)
3. Iwahig Penal Colony
4. San Ramon Prison and Penal Farm
5. Sablayan Penal Colony
6. Davao Penal Colony
7. Leyte Regional Prison
2. Provincial Jails
- A jail for safekeeping of prisoners at the capital of each province.
3. Bureau of Jail Management and Penology
- Also known as the Jail Bureau was created as a distinct and separate line bureau by virtue of RA
6975 with the aim of promoting, developing, professionalizing and improving supervision of
District, City and Municipal Jails nationwide.
- Formally established on January 2, 1991.
38
BJMP Core Values
1. Commitment
2. Competency/Efficiency
3. Teamwork/Unity/Cooperation
4. Self-Discipline
Executive Clemency
1. Pardon
- A form of executive clemency granted by the President as a privilege extended to convicts as a
discretionary act of grace.
- Pardon is a safety valve to save the skin of those wrongly accused and condemned under the guise of
justice.
a. Absolute Pardon
- Refers to the total extinction of the criminal liability of the individual to whom it is granted without
any condition whatsoever and restores to the individual his civil rights and remits the penalty
imposed for the particular offense of which he was convicted.
- Has no conditions attached to it unlike the Conditional pardon.
- Granted upon the recommendation of the Board of Pardons and Parole to the President through the
Secretary of Justice.
b. Conditional Pardon
- Refers to the exemption of an individual, within certain limits or conditions; from the punishment
that the law inflicts for the offense he has committed resulting in the partial extinction of his criminal
liability.
- It is also granted by the President of the Philippines to release an inmate who has been reformed but
is not eligible to be released on Parole.
2. Amnesty
- A special form of pardon exercised by the President.
- It is a general pardon extended to a certain class of people who are usually political offenders.
- Amnesty needs the concurrence of Congress and the Courts and also take the judicial notice of the
act by the President.
3. Reprieve
- Is the temporary stay of execution of a sentence.
- Is another prerogative exercised by the President.
39
- Generally, it is applied to death sentences already affirmed by the Supreme Court but it can also be
invoked in other cases that have become final.
4. Commutation of Sentence
- Refers to the reduction of the duration of a prison sentence.
- It is another prerogative of a President.
- It is an act of clemency by which a heavier or longer sentence is reduced to a lighter or shorter term.
- Death sentence or life imprisonment is reduced to shorter sentence.
- Commutation does not forgive the offender but merely reduces the penalty of life imprisonment or
death sentence for a term of years.

MODULE 6- MOBILIZED COMMUNITY: THE BASE PILLAR
Community- represents the entire people cohesively organized and mobilized in synchronized energy with the government
to help in the decision making and participatory criminal justice administration involvement to effectively address the law
and order concern of the society and its people.
40
- Considered as the LARGEST component of the CJS.
It comprised the population representative of people in all walks of life to wit;
a. Family i. Women
b. Barangay Council j. Labor and peasants
c. School k. Farmers and fisher folks
d. Church l. Elderly
e. Civic Organizations m. Urban poor
f. Government Organizations n. The handicap
g. Non-Government Organizations o. Business and professional groups
h. Youth p. Mass media
What can members of the community do to help in the CJS?
1. Help in the assimilation of released prisoners in the community to enable them to be reintegrated into the
mainstream of society.
2. Organize anti-crime groups.
3. Report crime, suspicious strangers or events to your barangay or police.
41

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CRIMINAL LAW AND JURISPRUDENCE 1

Justice: The Bottom Line

Law: Instrument for Justice

5 Stages of the Criminal Justice Process

2 Distinct sequences of steps following the detection of crime:

1. Police Observation- Arrest- Booking- Investigation

3. Adjudication Stage(TRIAL-JUDGMENT STAGE)

- Formal charges are filed against the accused.

Defense against Criminal Charges

1. The Defense of Alibi

1. The prosecution shall present evidence to prove the charge

CRIMINAL JUSTICE SYSTEM

4. Safeguarding of lives and properties

5. Investigation and detection of crimes

6. Arrest and apprehension of suspects

7. Helps in the prosecution of criminals

8. Keeping the peace and insuring public safety

POLICING: A BRIEF HISTORICAL SETTING

POLICING IN THE PHILIPPINES

Police forces organized during the Spanish regime were:

a. Carabineros de Seguridad Publico (Mounted Police)

The first American Occupation’s important features of this period are:

a. Insular Police Force

CONCEPT OF POLICE/LAW ENFORCEMENT

* Romans changed the word slightly to “POLITIA”.

POLICE PROCESSES: A MAJOR CHAIN IN THE CJS

1. Receipt of citizen complaints or calls for assistance

- The initial or beginning phase of a systematic inquiry into an alleged crime.

- Is an extension, or continuation of the preliminary investigation.

ARREST: HOW MADE

- An arrest is made by an actual restraint of a person to be arrested, or by his submission to the

METHOD OF ARREST BY OFFICER BY VIRTUE OF WARRANT

ARREST WITHOUT A WARRANT (CITIZEN’S ARREST); WHEN LAWFUL

SEARCH AND SEIZURE

Requisites for Issuing Search Warrant

 Based upon Probable Cause

* PERJURY- is the giving of false testimony under oath.

PERSONAL PROPERTY THAT CAN BE SUBJECT TO SEIZURE

 Property subject to the offense

VALIDITY OF SEARCH WARRANT

- A search warrant shall be valid for 10 days from its date.

WARRANTLESS SEARCH AND SEIZURE

* Where there is consent or waiver.

- Where a person voluntarily submits himself to a search, a warrant therefore is unnecessary.

* Where search is an incident to a lawful arrest.

* The “Plain View” Exception

* THE CASE PREPARATION

CRIME PREVENTION: A POLICE GOAL

- Crime prevention is a primary goal of the police.

POLICE DISCRETION: An Issue in Policing

The following are some of the example of police discretion:

a. To strictly enforce the laws and ordinance

1. When witnesses or concerned citizens report criminal incident

1. Proceed at the crime scene as soon as possible

The main purposes of Preliminary Investigation are the following:

OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

1. Judges of the Municipal Trial Courts

 12 hours- cases punishable with light penalties

WHEN IS COMPLAINT OR INFORMATION SUFFICICENT? –a complaint or information is sufficient if it states: