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Carlos Hilado Memorial State College: CL101 Module in CLJ 101 (Introduction To Philippine Criminal Justice System)

This document outlines a module for an Introduction to the Philippine Criminal Justice System course. It includes 12 learning objectives that cover understanding the role and pillars of the criminal justice system. It also compares the Philippine and American systems of justice. The module contains 3 topics that will be taught: 1) Introduction to the Criminal Justice System, 2) The Essence of Justice, and 3) the Law Enforcement Pillar. Each topic includes objectives, lessons, and activities for students to reinforce their understanding of key concepts related to the criminal justice system.

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Calipayan Bryan
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0% found this document useful (0 votes)
776 views

Carlos Hilado Memorial State College: CL101 Module in CLJ 101 (Introduction To Philippine Criminal Justice System)

This document outlines a module for an Introduction to the Philippine Criminal Justice System course. It includes 12 learning objectives that cover understanding the role and pillars of the criminal justice system. It also compares the Philippine and American systems of justice. The module contains 3 topics that will be taught: 1) Introduction to the Criminal Justice System, 2) The Essence of Justice, and 3) the Law Enforcement Pillar. Each topic includes objectives, lessons, and activities for students to reinforce their understanding of key concepts related to the criminal justice system.

Uploaded by

Calipayan Bryan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Carlos Hilado Memorial State

College
Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus

To be a leading GREEN institution of higher learning in the global community by 2030


(Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)

CL101
Module in CLJ 101 (Introduction to Philippine Criminal
Justice System)
I Lesson Objectives: At the end of the Semester, the students are expected to
have:
1. Remember the role of the Criminal Justice System in Crime prevention and
control.
2. Understand the pillars of criminal justice system and explain their role and
how they process a person until he can be referred to as a criminal.
3. Analyze the American Justice System from that of our country’s justice system.
4. Understand the origin of justice and early concepts and types of justice.
5. Analyze the mission, vision and objectives of the CJS.
6. Understand the general function and operation of the criminal justice system.
7. Evaluate fully the importance of the five pillars of the CJS.
8. Understand the objectives of the CJS.
9. Evaluate the respective responsibility in the maintenance of peace and order
in the community.
10. Evaluate the loop holes and recommended solutions to some problems.
11. Analyze our Criminal Justice System with other countries.
12. Evaluate the benefits and objectives of Restorative Justice and trace its
evolution and how it can change the modern concept of justice.

II Introduction: This course deals with the study of the five pillars of the Criminal
Justice System in the Philippines-the Law Enforcement, Prosecution, Court,
Corrections, and Community. It also covers their respective functional
relationship as well as the individual roles in the administration of justice and
solution of crimes. This course includes the procedures and the practices of the
criminal justice system with its linkages to law enforcement services, the
prosecution, court, correction and community. This course also incorporates the
scientific study of crimes, criminals, societal responses to their behavior in penal
and non-penal setting and the administration of criminal justice correction
including parole.

III.Lessons/Topic/Notes
TOPIC 1
Introduction to Criminal Justice System: Concepts
OBJECTIVES:
At the end of the lesson, the students are expected to:
● explain the concept of the Criminal Justice System.
● appreciate the functions of the five pillars.
● understand the various terminologies used in studying this c

Introduction to Criminal Justice System: Concepts


OBJECTIVES:
At the end of the lesson, the students are expected to:
● explain the concept of the Criminal Justice System.
● appreciate the functions of the five pillars.
● understand the various terminologies used in studying this course.
TEACHING-LEARNING ACTIVITY/LESSON PROPER
Introduction to Criminal Justice System
Criminal Justice System – The machinery which the society uses in the prevention
and
control of crimes. It may also refer to the totality of the activities of the law enforcers,
prosecutors, judges, and corrections personnel, as well as those of the mobilized
community in crime prevention and control.
In theory, Criminal Justice System is an integrated apparatus that is concerned
with the following;
● apprehension,
● prosecution,
● trial,
● conviction,
● sentencing and
● rehabilitating or correcting criminal offenders.
Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality.
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
People involved in the system (Parties to the criminal case)
1. Accused = The most pampered party in a criminal case.
2. Victim/complainant = The forgotten party in a criminal case.
3. People of the Philippines = The actual offended party.
Enhancement Activity Outcome
Activity 1. Research on Terminologies
Research the definition of the following terms and present it using the table
below.

Terminology Definition source


1.Crime
2.Criminal
3.Law enforcement
4.Prosecution
5.court
6.Correction
7.

Activity 2. Think of the words or ideas that you associate with the word crime. Write
these on the white circles. After filling up all the circles, blend all the ideas to come with
a brief definition of the word crime.

REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 2
The Essence of Justice
OBJECTIVES:
At the end of the lesson, the students are expected to:
● understand the essence of justice.
● differentiate the different types of justice.

TEACHING-LEARNING ACTIVITY/LESSON PROPER


ESSENCE OF JUSTICE
What is the definition of justice?
Justice is the act of rendering what are due and treating persons equally.
These persons must, however, fall within the same classification. (Gacayan, 2006)
Essence of Justice under the Philippine Constitution
Under Sec. 1, Art III of the 1987 Philippine Constitution, no person shall be
deprived of life, liberty or property without due process of law, nor shall a person be
deprived of the equal protection of law. This guarantee dictates that in order that
justice will be realized there must be the observance of due process. Due process is a
guaranty against any arbitrariness on the part of the government, whether
committed by the legislative, executive or the judiciary.
Kinds of Due Process
a. Procedural due process – is one which hears before it condemns which proceeds
upon inquiry and renders judgment only after trial.
b. Substantive Due Process – this requires the intrinsic validity of the law in interfering
with the rights of the person to his life, liberty or property.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. The photograph of Justitia (goddess of justice) is considered as the symbol
Justice. Answer the following questions.
1. What does the sword and the weighing scale symbolize?
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
____________________________________________________________________
2. What is the rationale behind the blindfolding of the woman?
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
____________________________________________________
3. What is the reason why the symbol is a woman?
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
Activity 2. Mortimer J. Adler points out that it is easy to say what justice is in abstract,
but it is hard to determine what is just in any given particular case. We must not
confuse the question, “what is justice” with the question, “is the particular action
just?” Explain the following precepts of Adler regarding justice.

Percepts Explanation Example


1.’’Render to each its due”
2. “treat equals
equally and
unequal unequally
in proportion to
their inequality”

Activity 3. What can you say to our present justice system today? Present issues or
examples to justify your answer.
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
___________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
______________________________________________________________________
_____________
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 3
Law Enforcement Pillar
Police Activities
OBJECTIVES:
At the end of the lesson, the students are expected to:
● understand the roles and responsibilities of the law enforcement pillar.
● Identify the different law enforcement agencies.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
TEACHING-LEARNING ACTIVITY/LESSON PROPER
THE LAW ENFORCEMENT PILLAR
Law Enforcement
It is considered as the prime mover of the Criminal Justice System. Law
enforcement is a deterrent and preventive activity.
Different Police Activities
1. Prevention of crime is intended to prevent root causes of crime.
2. Repression or suppression of crime is done to reduce the opportunity of
committing a crime like the act of conducting patrol.
3. Apprehending offenders is also known as arresting offenders.
4. Conduct search and seizure;
5. Investigation of crime; and
6. Protection of lives and property.
Note: In the Philippines, the law enforcement function is spearheaded by the
Philippine National Police (PNP), the Department of the Interior and Local
Government (DILG), and the National Bureau of Investigation (NBI) under the
Department of Justice (DOJ).
Broad Goals of the PNP
1. Prevent and control crimes.
2. Maintain peace and order.
3. Ensure public safety and security.
COMMUNITY ORIENTED POLICING
Community Oriented Policing System (COPS) was established for the law
enforcement and community to have a harmonious relationship with each other.
Under this system, the policemen conduct seminars, tree planting, and other activities
for them to show how much they care for the community. In return, the community
will have an active participation in assisting the policemen in performing their official
functions.

ENHANCEMENT ACTIVITY/OUTCOME

Activity 1. In addition to PNP and NBI, identify at least 15 other law enforcement
agencies and the Department they are under.No acronyms

1.
2.
3.
4.
5.
ACTIVITY 2. As a student and part of the community, what will be your contribution in
making our society a safer place to be?atleast two paragraphs.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
_____________________________________________________________________

REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 4
Law Enforcement Pillar
Concepts and Theories
Police Discretion
OBJECTIVES:
At the end of the lesson, the students are expected to:
● identify the philosophies of police service.
● appreciate the importance of police discretion.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
TEACHING-LEARNING ACTIVITY/LESSON PROPER
THE LAW ENFORCEMENT PILLAR
Theories of Police Service
1. Home Rule - Policemen are considered as servants of the community.
2. Continental - Policemen are considered as servants of higher authority.
Concept of Police Service
1. Old Concept-The yardstick of police efficiency is the number of arrest. Police is a
repressive machinery in crime prevention.
2. Modern Concept-The yardstick of police efficiency is the absence of crime
crime/lesser
number of crimes committed.
Police Discretion-It is the wise use of one’s judgment, personal experience and
common sense to decide a particular situation. Abuse of discretion resulting to injury
to persons or damage to property is punishable. So the police must be guided by
some basic concepts such as COMMON SENSE, PERSONAL EXPERIENCE, and
SOUND JUDGMENT.
ENHANCEMENT ACTIVITY/OUTCOME

Activity 1. As discussed above, police must be guided with sound judgment in


deciding what to do. However, in the Philippines, there are instances when police
discretion is being abused. Look for a newspaper clipping that shows abuse in police
authority. Cut and paste it below. Then answer the question. If you are the police officer
faced with the same scenario, how would you have
reacted with this situation?
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________

Activity 2. What will you do?


You are a police officer assigned in a district wherein robbery is commonly
committed. One day, you arrived at a scene of local pharmacy where a local young
woman, Brooke, was caught attempting to steal a plastic bag full of medicines.
When questioned, she explained that she was trying to steal some medications so she
could sell it and make some money to help her mom pay for their rent. Brooke also
tells you that if they will not be able to pay the rent, they will be evicted from their
apartment. Brooke has never had any encounter with the police and starts sobbing
out of remorse for what she has done. You feel sympathetic towards her. What is the
best thing for you to do? Why?
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.

TOPIC 5
Law Enforcement Pillar
Arrest
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable of the concepts of arrest.
● distinguish arrest with warrant and warrantless arrest.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
TEACHING-LEARNING ACTIVITY/LESSON PROPER

ARREST
ARREST- is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
MANNER OF CONDUCTING ARREST- An arrest is made by actual restraint of a
person
to be arrested, or by his submission to the custody of the person making an arrest.
WARRANT OF ARREST- Warrant of arrest is an order in writing issued in the name of
People of the Philippines, signed by the judge and directed to a peace officer,
commanding him to arrest a person or persons stated therein and deliver them
before the court.
The requisites of a valid warrant of arrest are the following:
a. It shall be issued upon probable cause;
b. The probable cause is determined personally by the judge upon examination
under oath or affirmation of the complainant and the witnesses he may produce;
and
c. Particularly describing the person to be arrested. (Sec 2, Art 3 of the Philippine
Constitution)

LIFE SPAN OF WARRANT OF ARREST


As long as the person stated in the warrant of arrest is not arrested, it shall remain
valid even if several years already lapsed. However, the head of the office to whom
the warrant of arrest was delivered for execution shall cause the warrant to be
executed within ten (10) days from its receipt. Within ten (10) days after the expiration
of the period, the officer to whom it was assigned for execution shall make a report to
the judge who issued the warrant.
WARRANTLESS ARREST
A peace officer or a private person may, without a warrant , arrest a person:
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 person to be arrested had committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending or has escaped while being transferred from one
confinement to another.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. CASE SCENARIO ANALYSIS. Read the given case and identify if the arrest
was valid or not? Why?Write your answers on the lines provided.

1. At around 8 o’clock in the morning, Mr. Gerald Sarimong, a police asset went to
the Kabankalan City Police Office to inform the Chief of Police PSupt. Arnold Supremo
that a certain person Mr. Nikko Nikkon i is in possession of a
marijuana breaks. Mr. Sarimong further told the Chief of Police that Mr. Nikkon
will walk in an intersection beside the Cpsu Kabankalan Campus at about 2 o’clock
in the afternoon of the same day. Because of the information gathered, Supt
Supremo formed the policemen in civilian clothes positioned themselves in the
said intersection. At about 2 o’clock in the afternoon, Mr. Sarimong pointed
a person walking across an intersection of CPSU Kabankalan Campus saying that
the person is Mr. Nikkon. When that person already walked across the
intersection, the policemen arrested and searched him. It was found out that
the person was really Mr. Nikkon and the bag he was carrying really
contained marijuana breaks. Was the arrest of Mr. Nikkon valid?
______________________________________________________________________
______
______________________________________________________________________
______
______________________________________________________________________
______
2. A policeman was investigating a crime which was just committed to determine
the identity of the perpetrator when he saw a suspicious looking person
walking across the street. Afterwards, the policeman arrested the person,
delivered him to the nearest police station, and filed a criminal case against
him even if he knew that there is no sufficient evidence which may show that
the arrested person was the one who committed the crime being investigated.
Was the arrest valid?
______________________________________________________________________
______
______________________________________________________________________
______
______________________________________________________________________
_____
3. PO3 Francisco saw a man with bloody clothing holding a bloody knife. The man
was even afraid and almost run away upon seeing PO3 Francisco. If you are PO3
Francisco, will you arrest the person even if you do not have a warrant of arrest?
______________________________________________________________________
______
______________________________________________________________________
______
______________________________________________________________________
_____

REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 6
Law Enforcement Pillar
Search and Seizure
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable of the concepts of search and seizure.
● distinguish search from arrest.
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point

TEACHING-LEARNING ACTIVITY/LESSON PROPER


SEARCH and SEIZURE
DEFINITION OF TERMS:
Search- is defined as the act of looking into carefully in order to find some concealed
items.
Seizure- is to take into custody of something.
POWER TO CONDUCT SEARCH
General Rule: A warrant is needed before search. Validity of warrant is 10 days from
its date.
WARRANTLESS SEARCH

a. Search incidental to lawful arrest- A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in
the commission of an offense without search warrant.
b. Consented search- the right against unreasonable search and seizure may be
voluntarily waived by a person being searched
c. Plain view doctrine- illegal things at sight may be seized even without a warrant to
do so. The things must be readily seen without any effort of locating it.
d. Search conducted by Bureau of Customs
e. Search conducted by Security Guards on post
f. Search in moving vehicles/checkpoints- Under search in moving vehicle especially
in checkpoints, moving vehicles may be searched provided that it is limited to visual
search,
WHEN TO SERVE SEARCH WARRANT?
The search warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or on the place ordered to be searched, in
which case, a direction may be inserted that it be served at any time of the day or
night.

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. COMPARE AND CONTRAST. Give the similarities
and differences of Warrant of Arrest
Similarities:

Differences:
ACTIVITY 2
Directions: Based on the given situations, identify what instances of warrantless search
are they.
1. The police officer, after arresting the man, searched him and was able to get
the murder weapon used.
Answer:
2. Maria, an OFW at Saudi sent a package to her family. Before the package will
be given to her family, the Bureau of Customs searched the package to
determine if there are contrabands placed there.
Answer:
3. A policeman was conducting a patrol when he saw a handgun by a person
whom he believed not to be a policeman. He asked for the license of the said
gun and the man did not have it. Therefore, the policeman seized the firearm.
Answer:
4. A policeman caught in the act a man stabbing a woman. The policeman
arrested and searched the man even without a warrant.
Answer:
5. A person suspected of possessing illegal drugs was being tailed by policemen.
Sensing he was being tailed, he confronted the policemen saying “I am not a
criminal and I am not doing something wrong. To prove that I am a law
abiding citizen, search me.” Because of what that person said, the policemen
searched him and they found two sachets of cocaine.
Answer:
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.

TOPIC 7
Law Enforcement Pillar
Custodial Investigation
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable about investigations conducted by Police.
● differentiate Interview from Interrogation
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
TEACHING-LEARNING ACTIVITY/LESSON PROPER
CUSTODIAL INVESTIGATION
What is custodial investigation? What are its requisites?
Custodial investigation is any questioning initiated by law enforcement officers after a
person has been taken into custody of otherwise deprived of his freedom of action in
any significant way.
What are the rights of persons under custodial investigation?
a) Right to be informed of his right to remain silent;
b) Right to have a competent and independent counsel preferably of his own
choice or to be provided with one;
c) Right against torture, force, violence, threat, and intimidation or any other
means which vitiates his free will;
d) Right not to be held in secret, solitary, incommunicado, or any other similar
forms of detention.

INTERVIEW vs INTERROGATION
INTERROGATION- An interrogation is a questioning of a person suspected of having
committed a crime or of a person who is reluctant to make a full disclosure of
information in his possession which is pertinent to investigation.
INTERVIEW- An interview is the questioning of a person who is believed to
possessknowledge that is of official interest to the investigator.

CONFESSION VS ADMISSION
CONFESSION Is the direct acknowledgement of guilt, while admission is the indirect
acknowledgement of guilt.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Composing Poem/Song. Police officers faces various challenges in their
jobs. Compose a poem or a song (at least two (2) stanzas). You may choose from the
following themes.
● the challenges of police officers (e.g. discrimination from the public)
● the abuses of police officers and how it may be addressed.
● The investigator’s job.
● other themes that is related with law enforcement.
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 8
Prosecution Pillar
Evolution of Prosecution
Overview of Prosecution
OBJECTIVES:
At the end of the lesson, the students are expected to:
● be knowledgeable about investigations conducted by Police.
● differentiate Interview from Interrogation
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
TEACHING-LEARNING ACTIVITY/LESSON PROPER

HISTORY OF PROSECUTION
● The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England.
● The general term attornatus was used in England official documents in the Middle
Ages
to mean anyone who appeared for another as a pleader, attorney, or essoiner.
● The earliest laws of England defined crimes as being committed against a particular
individual, not against the state. The original prosecutor was a victim or an individual
representing a victim who stepped forward personally to initiate the prosecution of the
alleged offender.
● Originally all crimes were torts; thus in early common law, any injury, whether to
person
or property, was a tort. (A tort today is an injury to an individual that is not an offense
against the state). Later, the injury was considered an offense against the state.
● During the reign of King Edward IV (1461-1483), William Husse was appointed
attorney
general of England.
● King Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its
stead provided a system of “sergeants”, who were required to act as police prosecutors
and to enforce penal statutes. These sergeants were later to become well trained in
thelaw.

PROSECUTION DEFINED:
● Prosecution is the process or method whereby accusations are brought before the
court of justice to determine the guilt or innocence of the accused.
● Serving as the lawyer of the State/government in criminal cases, the prosecutor is
automatically considered an officer of the court; at the same time, he is formally a
member of the Department of Justice, under the Executive branch of the
Government, and thus independent from the judiciary.
● The prosecution service is made up of Provincial and City Public Prosecutors under
the
National Prosecution Service (NPS). They perform to types of prosecutorial powers;
investigatory and prosecutory such as:
● They evaluate the police findings referred to them, or other complaints filed directly
with them by individual persons (e.g. government officers in charge of enforcement of
law violated);
● They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper
courts
on the basis of their evaluation of the proofs at hand; and
● They prosecute the alleged offenders in court, in the name of the People of the
Philippines.
THE PROSECUTOR AND THE POLICE
1. Prosecutorial discretion typically enters the picture immediately after the arrest,
when the police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether
to accept or reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action, whereby
the criminal justice system relies on the:
a) certainty of the arrest by the police.
b) certainty of conviction by an effective prosecution.
c) certainty of appropriate sentencing by the court.

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Aside from the Public Prosecutors, there are also other prosecuting bodies
that are involved in special cases. Research at least five (5) other prosecuting bodies.

Activity 2. The Role of the Prosecutor. Identify the roles of prosecutors by comping up
with word/s/phrase/s that starts with each letter comprising the term PROSECUTOR

REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity andwrite the
reason why.
TOPIC 9 Prosecution Pillar
Preliminary Investigation and Inquest Proceedings
OBJECTIVES:
At the end of the lesson, the students are expected to:
● appreciate the importance of preliminary investigation.
● differentiate preliminary investigation and inquest proceedings
INTSTRUCTIONAL MATERIALS
Law Enforcement Pillar handouts and power point
● Additional Readings: Procedure in conducting preliminary investigation by the
investigating prosecutor
TEACHING-LEARNING ACTIVITY/LESSON PROPER

PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS


If a person is arrested, what is the purpose of delivering him to the nearest police
station or jail and detaining him in that place?
It depends. If the arrest is with warrant, the arrested person must be detained for him
to face the case that is already filed against him or to serve his sentence if he is
already convicted. However, if the arrest is without warrant, he must be detained to
undergo an inquest proceeding or preliminary investigation. (Timpac, 2007)
Inquest proceeding is a proceeding done by the inquest prosecutor to determine the
validity of the arrest. This is very summary in nature which may be done by an informal
interview with the arresting officer and/or the arrested person.
A preliminary investigation is an inquiry held for the purpose of ascertaining
whether or not probable cause is present. It is intended to secure the innocent
against hasty, malicious and oppressive prosecution and to protect him from an
open and public accusation of crime. It is further intended to protect the State
from useless and expensive trial.
It is required when the imposable penalty for the crime charged is at least 4 years,
2 months, and 1 day (4:2:1) imprisonment without regard to the fine.
What is probable cause?
Probable cause is the existence of sufficient ground to engender a well-founded
belief that:
a) A crime has been committed; and
b) The respondent is probably guilty thereof.

Who may conduct preliminary investigation?


Any of the following may conduct preliminary investigation:
1. Provincial or city prosecutor and their assistants;
2. National and Regional state prosecutors; and
3. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of
Court)
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Read the procedure in conducting a preliminary investigation. Make a
diagram showing the step by step procedures undertaken by the prosecutor.

Activity 2. Give the difference between reasonable suspicion and probable cause.
Provide examples for each.
Terminology Definition Example Source/s
1. Reasonable Suspicion
2. Probable Cause

REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.
TOPIC 10
Court Pillar
OBJECTIVES:
At the end of the lesson, the students are expected to:
● Understand the role of court in the PCJS.
● Discuss the court hierarchy.
INTSTRUCTIONAL MATERIALS
Court Pillar handouts and power point
● Additional Readings: Types of Court Jurisdiction
TEACHING-LEARNING ACTIVITY/LESSON PROPER
Court - Is a government institution that decides a case, according to the existing laws
or the laws of the land. It adjudicates legal disputes between citizens, or between the
citizens and the government.
Judge - A public officer so named in his commission and appointed to preside over
and to administer the law in a court of justice.
Composition of Philippine Courts
A .Regular Courts:
-Supreme Court It is the highest court in the Philippines.
-Court of Appeals It is the second highest judicial court after thesupreme court.It reviews
decision and orders of the lower court.
Regional Trial Court (RTC) Has jurisdiction over offenses punishable with
imprisonment of six years and one day and over
Inferior Courts
● Metropolitan Trial Court
● Municipal Trial Court
● Municipal circuit TrialCourt
Has jurisdiction over a violation of city municipal
ordinances and offenses punishable byimprisonment not exceeding six years
B.Special Courts:
Sandiganbayan It is a special court that has jurisdiction over criminal and civilcases
involving graft and corrupt practices of public officers.Created pursuant to PD 1606.
Court of TaxAppeals (CTA)Has exclusive appellate jurisdiction to review and appeal the
decision of the Commissioner of the Bureau of Internal Revenueinvolving internal
revenue taxes and decisions of theCommissioner of the Bureau of Customs
involvingcustomsduties. Created pursuant to RA 1125
Shari’a Court
Shari’a DistrictCourt
Shari’a CircuitTrial Courts-Created pursuant to PD 1083, otherwise known as the “Code
of Muslim Personal Laws of the Philippines”. Cases brought before this court is civil in
nature.
-These are courts of limited jurisdiction which are presided by District Judges
-These are presided by circuit judges.
Family Court -This special court was established by virtue of RA 8369,otherwise known
as Family Courts Act of 1997". It covers criminalcases where one or more of the
accused is below eighteen(18) years of age but not less than nine (9) years of age or
where one or more of the victims is a minor at the time of thecommission of the offense.

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Who’s Who in a Criminal Court. Identify the key personnel in courts (as
many as you can). Research the roles and responsibilities of each personnel.

ACTIVITY 2. COURT HIERARCHY. Draw a diagram or a flow chart of the Philippine


Court
System based on the concept notes stated above.
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.

TOPIC 11
Court Pillar
Stages of Trial
OBJECTIVES:
At the end of the lesson, the students are expected to:
● enumerate the different stages of trial.
● appreciate the importance of each stage of trial in the administration of
justice.
INTSTRUCTIONAL MATERIALS
Court Pillar handouts and power point
● Additional Readings: What is Bail? What are the different types of bail?

TEACHING-LEARNING ACTIVITY/LESSON PROPER


COURT PROCEEDINGS
1. Arraignment - the reading to the accused in open court of the complaint or
information.
⚫ A copy of the complaint/information shall be given to the accused.
⚫ List of witnesses will also be given to the accused.
⚫ The accused pleads guilty or not guilty.
2. Pre – trial - an informal trial which precedes the regular trial. Primarily intended to
expedite the proceeding. This is done through a Pre-Trail Conference conducted by
the court.
⚫ Plea bargaining (guilty or not guilty)
⚫ Stipulation of facts (specification)
⚫ Admission of facts
⚫ Marking documentary evidence (Prosecution 123; Defense ABC)
⚫ Waiver of objection to the admissibility of evidence
3. Trial - the formal investigation of the matter in issue with respect to the action
before a competent court for the purpose of determining such issue that involves the
guilt or innocence of the accused.
4. Judgment - the adjudication by the court that the accused is guilty or not guilty.
⚫ It must be written in the official language,
⚫ Personally and directly prepared and signed by the judge.
⚫ Must contain legal bases of decision
5. Appeal - the whole case is elevated to a higher court for review and final
adjudication.
⚫ Within 15 days – period of entering appeal from the date of
promulgation.
⚫ After 15 days – the decision shall be Final and Executory
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Draw a flow chart to present the court proceedings.

REFLECTION
Check the emoticon that best describe your feeling for this day’s activity and
write the reason why.

Correction Pillar
OBJECTIVES:
At the end of the lesson, the students are expected to:
● exemplify the role of correction in the Criminal Justice System.
● apply the different justifications of punishment.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
DURATION: 1 hour and 30 minutes
TEACHING-LEARNING ACTIVITY/LESSON PROPER
CORRECTION PILLAR
Correction is a branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders.
Penology is the study of punishment for crime or of criminal offender. It includes the
study of control and prevention of crime through punishment of criminal offenders.
Why is Correction the weakest pillar of the Criminal Justice System?
Correction is the weakest pillar of the criminal justice system because of its failure to
reform and rehabilitate offenders and prevent them from returning to a criminal life.
Classifications of Corrections
a. Institutional correction deals with jails, prisons, and colonies where a convict is
going to serve his sentence.
b. Non-institutional correction deals with service of sentence of a convict outside an
institution. It is also known as community – based – treatment.
Justifications of Punishment
1. Retribution –Offenders should be punished because they deserve it.
2. Expiation or Atonement – it is punishment in the form of group vengeance where
the
purpose is to appease the offended public or group.
3. Deterrence – punishment gives lesson to the offender by showing to others what
would
happen to them if they violate the law.
4. Incapacitation and Protection – the public will be protected if the offender has
being held in conditions where he cannot harm others especially the public.
5. Reformation or Rehabilitation – it is the establishment of the usefulness and
responsibility of the offender.
PENALTY is defined as the suffering inflicted by the state against an offending member
for the transgression of law.
Juridical Conditions of Penalty
Punishment must be:
1. Productive of suffering – without however affecting the integrity of the human
personality.
2. Commensurate with the offense – different crimes must be punished with different
penalties (Art. 25, RPC).
3. Personal – the guilty one must be the one to be punished, no proxy.
4. Legal – the consequence must be in accordance with the law.
5. Equal – equal for all persons.
6. Certain – no one must escape its effects.
ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Choose at least three (3) theories that will explain why criminals should be
punished. Add the explanation.
Activity 2. Choose at least one (1) justification of punishment. Then, draw a comics
strips to show how the justification can be observed.
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and write the
reason why.

TOPIC 13
Correction Pillar
Jail and Prison
OBJECTIVES:
At the end of the lesson, the students are expected to:
● differentiate prison and jail.
● be knowledgeable of other forms of non-institutional corrections.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
TEACHING-LEARNING ACTIVITY/LESSON PROPER
Jail - Is a short term detention facility where a person convicted or suspected of a
crime is detained, it holds people awaiting trial, under investigation and people
sentenced for a short duration which is below 3 years sentence. Jails include
provincial, district, city and municipal jails managed and supervised by the Provincial
Government and the Bureau of Jail Management and Penology (BJMP), respectively,
which are both under the Department of the Interior and Local Government
Types of Jails:
1. Lock-up Jails – is a security facility, common to police stations, used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal
offender to serve sentence less than three years.
3. Workhouses, Jail Farms or Camp – a facility that houses minimum custody
offenders who are serving short sentences.
Prison – A place of long term confinement for those convicted of serious crimes, the
sentence is above 3 years, or place which refers to the national prisons or
penitentiaries managed and supervised by the Bureau of Corrections, an agency under
the Department of Justice.

General Classification of Inmates


1. Detention Prisoners/Detainee – those detained for investigation, preliminary
hearing, or awaiting trial.
2. Sentenced Prisoners/Prisoners – offenders who are committed to the jail or
prison in order to serve their sentence after final conviction by a competent court.
3. Prisoners who are on Safekeeping – includes non-criminal offenders who are
detained in order to protect the community against their harmful behavior.
Classification of Sentenced Prisoners:
Insular orNational Prisoners- Those sentenced to suffer a term of sentence of 3 years
and 1day to life imprisonment.
ProvincialPrisoners- Those persons sentenced to suffer a term of imprisonment from
6 months and 1 day to 3 years or a fine not more than 1,000 pesos, or both
City Prisoners - Those sentenced to suffer a term of imprisonment from 1 day to 3
years or a fine of not more than 1,000 pesos or both.
MunicipalPrisoners - Those confined in Municipal jails to serve an imprisonment from 1
day to 6 months.

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Watch the Ted Talk entitled “What a world without prisons could look like”
by Deana Van Buren (you can access this clip through Youtube). Afterwards, write
your reflection regarding the topic discussed.

Activity2.Complete the statement by providing tne correct term terms.


1. Prisons are under the Department of ?
2. Prisoners who are sentenced to suffer a term of sentence of 3 years and 1 day to life
imprisonment.
3. Punishment is imposed to warn potential offenders that they cannot afford to do what
the offender has done.
4. This is defined as the suffering inflicted by the state against an offending member for
the transgression of law.
5. This is a security facility, common to police stations, used for temporary confinement
of an individual held for investigation.
6. These are offenders who are committed to the jail or prison in order to serve their
sentence after final conviction by a competent court.
7. Provincial jails are under the government.
8. Goal of Correction
9. A place of long term confinement for
those convicted of serious crimes.
10. Jails are under Department of Interior and Local ?
11. The consequences of the punishment must be in accordance with the law.
12. Study of Punishment
13. Short term detention facility for 3 years and below.
14. Punishment should be equal to all.
15. Correction takes place when theaccused is found?
REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why

ssTOPIC 14
Correction Pillar
The Prison System
Non-Institutional Corrections
OBJECTIVES:
At the end of the lesson, the students are expected to:
● enumerate the seven (7) correctional institutions in the Phils.
● understand the role of non-institutional corrections.
INTSTRUCTIONAL MATERIALS
● Correction Pillar handouts and powerpoint
TEACHING-LEARNING ACTIVITY/LESSON PROPER
Prisons:
The different prisons in the Philippines are the following:
1. The Old Bilibid Prison is known at present as the Manila City Jail. The Manila
government swapped its property located at Muntinlupa to the Old Bilibid Prison which
was owned by the national government. The national government built the New Bilibid
Prison in said lot at Muntinlupa.
2. The New Bilibibid Prison. It has 2 satellites namely:
1. Bukang Liwayway houses minimum security prisoners who work in the various
projects of the institution.
2. Sampaguita Camp is where the Reception and Diagnostic Center, Medium
Security Unit, and Youth Rehabilitation Center are located.

The different penal colonies in the Philippines and their location:


The penal colonies of the Philippines together with their locations are the following:
a. San Ramon Prison and Penal Farm located in Zamboanga;
b. Iwahig Penal Colony located in Palawan;
c. Davao Penal Colony located in Davao City;
d. Correctional Institution for Women located in Mandaluyong; and
e. Sablayan Penal Colony located in Occidental Mindoro.
f. Leyte Penal Colony located in Abuyog (Tadio, 1996).

Non-Institutional Corrections
1. Probation- is a disposition under which a defendant, after conviction and sentence,
is released subject to conditions imposed by the court and under the supervision of a
probation officer.
2. Pardon-It is defined as an act of grace proceeding from the power entrusted
with the President which exempts the individual on whom it is bestowed, from
punishment the law inflicts for a crime he has committed.
a. Absolute Pardon-given without any condition.
b. Conditional Pardon- given with conditions.
3. Amnesty- is an act of sovereign power granting oblivion or general pardon for a past
offense usually granted in favor of certain classes of persons who have committed
crimes of a political character, such as treason, sedition, rebellion.
4. Parole is the suspension of sentence of a convict after having served the minimum of
the sentence imposed without granting pardon, prescribing the terms of the suspension.
5. Reprieve and Suspension of Sentence are the temporary stay or
postponement of sentence especially when the penalty imposed is death.
6. Commutation of Sentence- is an act of the President reducing the penalty of a
convict.

ENHANCEMENT ACTIVITY/OUTCOME
Activity 1. Putting yourself in the shoes of an offender. Let’s say you have committed a
crime and has been found guilty for it. The jail officers are escorting you to your cell.
1. Describe your probable emotions.
2. How do you want to be treated inside the jail?
3. What are the possible impact of this experience to your life?

Activity 2. Picture Perfect. The following pictures show problems or challenges faced
in prisons or jails. Write your observation on the said problem and suggest solutions to
address the presented problem.
Activity 3. Pros and Cons. What are the advantages and disadvantages of
institutional based correction and non-institutional based correction?
A. INSTITUTIONAL-BASED CORRECTIONS

B. NON-INSTITUTIONAL BASED CORRECTIONS


REFLECTION
Indicate the emoticon that best describe your feeling for this day’s activity and
write the reason why.

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