CRIMINAL JUSTICE SYSTEM

Criminal Justice System is the machinery of the state or government, to prevent,

control, and to suppress the commission of the crime and provide and maintain justice.

Goals of the Criminal Justice System

1. Maintenance of peace and order.

2. Protection of the members of the society.
3. Crime prevention.
4. Review of the legality of preventive and suppressive measures.
5. Judicial determination of guilt or innocence of those apprehended.
6. Proper disposition of those who have been found guilty.
7. Correction by socially approved means of the behaviour of those who violated
the criminal law.

Characteristics of the CJS as a SYSTEM

A system is one which consists of several parts that interacts with each other to
produce some results, serve some functions, or meet some objectives. Each part of the
system are expected to perform their responsibilities for the attainment of their common
goals and objectives.
1. System has identifiable components.
2. System’s components constitutes an identifiable whole
3. The system’s components are interdependent.
4. the system operates within the environment.

CRIMINAL LAW
Is a branch of public law which defines crimes, treats of their nature and provides for its
punishment.

LAW ENFORCEMENT PILLAR

INTRODUCTION
The police or law enforcement pillar occupies the FRONTLINE of the criminal justice
system because they are regarded as the initiator of the system. They are the first
contact of the law violator in the CJS process. It is the police that investigates, makes
an arrest, and collects evidences needed in the prosecution of the alleged criminal.

POLICE
Refers to those who are tasked to protect life, liberty and property of the people, prevent
the crime, apprehend offenders .

FUNCTIONS OF THE LAW ENFORCEMENTS

1. Crime detection
2. Crime investigation
3. Apprehension of suspects
4. Search and seizures
5. Case preparation

Crime detection
Begins with the:

a. discovery that a crime has been committed

b. the identification of a suspect,
c. and the collection of sufficient evidence to indict the suspect before a court.
 Ways on how crime is detected by the police

1. Receipt of citizen complaints or calls for assistance

2. Receipt of signals from alarm devices.
3. Observation by officers on patrol of suspicious behaviour, a crime in progress, or
the aftermath of a crime.
4. Observation of the planning or execution of crimes by pro- active measures.

CRIME INVESTIGATION
Is a police activity directed toward the identification and apprehension of alleged
criminal and the accumulation, preservation and presentation of evidence regarding the
alleged crime.

APPREHENSION OF SUSPECT
It is the seizure and arrest of a person suspected for committing criminal actions.

ARREST
It is the taking of a person into custody in order for him to answer for the commission of
an offense.

How is an arrest made?

1. An arrest is made by an actual restraint of a person to be arrested,

2. or by his submission to the custody of the person making the arrest.

Types of Arrest

a. Arrest by virtue of warrant.

B. warrantless arrest or arrest without a warrant.

Time of making arrest

An arrest may be made on any day and at any time of the day or night.

Duty of arresting officer

It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him to the nearest police station or jail without unnecessary delay.

Under the 1987 Constitution Article III, Section 1 no person shall be deprived of life,
liberty, or property without due process of law, nor shall any person be denied the equal
protection of the laws.
Delay in the delivery of detained persons to the proper judicial authorities. – The
penalties provided in the next preceding article shall be imposed upon the public officer
or employee who shall detain any person for some legal ground and shall fail to deliver
such person to the proper judicial authorities within the period of:

a. 12 hours, for light penalties

B. 18 correctional penalties
C. 36 hours, for crimes or offenses punishable by afflictive or capital penalties

Execution of warrant
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. In case of his failure to execute
the warrant, he shall state the reason therefore.
WARRANT OF ARREST

In making an arrest by virtue of a warrant, the officer shall inform the person of the
following:
1. The cause of his arrest.
2. The fact that a warrant has been issued for his arrest.
EXCEPTIONS
When the person to be arrested flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the
arrest.

Officer may summon assistance. – An officer making a lawful arrest may orally summon
as many persons as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the arrest when he can
render such assistance without detriment to himself.

Right of officer to break into building or enclosure. – An officer, in order to make an

arrest either by virtue of a warrant, or without a warrant, may break into any building or
enclosure where the person to be arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his authority and purpose.

Right to break out from building or enclosure. – Whenever an officer has entered the
building or, he may break out therefrom when necessary to liberate himself.

Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any
person may immediately pursue or retake him without a warrant at any time and in any
place within the Philippines.

When is warrantless arrest lawful?

1. When in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense. Also called as inflagrante de
licto.
2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge or facts or circumstances that the person to be
arrested has committed it or also called as (hot pursuit).
3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another .( Prisoner arrest)

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.

The search warrant will specify the area that will be searched and what law enforcement
is searching for.

WHEN IS WARRANTLESS SEARCH LAWFUL

a. Warrantless search incidental to a lawful arrest.

b. Search of evidence in plain view
c. Search of a moving vehicle.
d. Consented warrantless search.
e. Custom search.
f. Stop and frisk
g. Exigent and emergency circumstances
 h. Search for prohibited materials or substances at the airport entrances.

The plain view doctrine applies when the following requisites concur:
(1) law enforcement officers in search of evidence have a prior justification for an
intrusion or are in a position from which they can view a particular area;
(2) the discovery of the evidence in plain view is inadvertent; and
(3) it is immediately apparent to the officers that the item they observed may be
evidence of a crime, a contraband or is otherwise subject to seizure.

CASE PREPARATION

is the process of bringing together in an organized manner all evidence collected

during the investigation of a crime and present it to the prosecutor.

CRIME PREVENTION (The primary goal of police/ law enforcement)

It is the anticipation, the recognition, and the appraisal of a crime risk and the initiation
of action to remove or reduce it.

Triangle of Crime
a. Desire
b. Opportunity
c. Ability

STAGES OF CRIME PREVENTION

a. Primary prevention- is directed at stopping the problems before it happens

b. Secondary prevention- seeks to change people, typically those at high risk of
embarking on an criminal career.

c. Tertiary prevention- focuses on the operation of the criminal justice system and
deals with offending after it has happened.

POLICE DISCRETION is the wise use of one’s judgement in a police situation requiring
immediate and decisive action.

PROSECUTION PILLAR

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 primarily concerned with the investigation of complaint filed before a court.
• Prosecutor- Prosecutor is the quasi- judicial officer which is responsible of the
full discretion and control over a criminal case in the administration of justice and
represent the government or the people of the Philippines in a criminal
proceeding in the court of law.
Department of Justice
• is the agency that is in charge for the prosecution.

• is under the executive department of the Philippine government responsible for

upholding the rule of law in the Philippines.

PROSECUTORIAL BODIES/OFFICES
1. Office of the City or Provincial Prosecutors
2. State Prosecutors under the National Prosecution Service
3. Office of the Special Prosecutor

• Powers and Functions of the Provincial Prosecutor or City Prosecutor. - The

provincial prosecutor shall:

• (a) Be the law officer of the province or city, as the case may be:

• (b) Investigate and/or cause to be investigated all charges of crimes,

misdemeanors and violations of penal laws and ordinances within their
respective jurisdictions, and have the necessary information or complaint
prepared or made and filed against the persons accused. In the conduct of such
investigations he or any of his/her assistants shall receive the statements under
oath or take oral evidence of witnesses, and for this purpose may by subpoena
summon witnesses to appear and testify under oath before him/her, and the
attendance or evidence of an absent or recalcitrant witness may be enforced by
application to any trial court;

• ) Have charge of the prosecution of all crimes, misdemeanors and violations of

city or municipal ordinances in the courts at the province or city and therein
discharge all the duties incident to the institution of criminal actions.

State Prosecutor under the National Prosecution Service

• shall be primarily responsible for the preliminary investigation and prosecution of
all cases involving violations of penal laws under the supervision of the Secretary
of Justice

Office of the Special Prosecutor

• A special prosecutor is a prosecutor who is independent of an office that would
normally exercise jurisdiction in a criminal investigation.

FUNCTIONS OF THE PROSECUTION

1. Conduct preliminary investigation.
2. Make proper recommendation during the Inquest of a case.
3. Prosecute all alleged offenders in court, in the name of the people of the
Philippines.

WHO MUST PROSECUTE CRIMINAL ACTION?

All criminal actions either commenced by complaint or by information shall be
prosecuted under the direction and control of a public prosecutor.
Prosecution system
• Adversarial system or accusatorial system

• Inquisitorial system

• Mixed system

Adversarial and Accusatorial System

The prosecution and defence compete against each other, and the judge serves as a
referee to ensure fairness to the accused, and that the legal rules criminal procedure
followed.
Both parties are afforded the right to seek a lawyer to represent them, and each side is
provided with an equal opportunity to present their arguments and evidence in court.

Inquisitorial system
• A method of legal practice in which the judge endeavors to discover facts while
simultaneously representing the interests of the state in a trial.

• The judge is responsible in searching for facts, listens to witnesses, and

investigates to prove guilt or innocence of the accused.

Mixed system
• This adopts both adversarial or accusatorial and inquisitorial prosecution system.

• The victim or his representatives provides for the facts to prove the guilt of the
accused but then the accused enjoys the presumption of innocence and provides
facts to prove that the accused is innocent. The judge will then determine if the
accused is guilty beyond reasonable doubt.

The inquisitorial process can be described as an official inquiry to ascertain the truth,
whereas the adversarial system uses a competitive process between prosecution and
defense to determine the facts.

COMPLAINT
It is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement
the law violated.

PRELIMINARY INVESTIGATION
• It is an inquiry or proceeding to determine whether there is a sufficient ground to
engender a well-founded belief that a crime has been committed and that the
respondent is probably guilty thereof, and should be held for trial.

Probable Cause
Is the existence of sufficient ground to engender a well-founded belief that a crime has
been committed and that the suspect is probably guilty thereof and should be held for
trial.
PURPOSE OF PRELIMINARY INVESTIGATION
a. Secure the innocent against hasty, malicious, and oppressive prosecution.
b. To secure the innocent from open and public accusation of trial, from trouble
expense and anxiety of a public trial.
c. To protect the state from useless and expensive trials.

Preliminary investigation will be conducted by the Investigating Prosecutor in the

following manner:

(a)The complainant together with his witnesses shall prepare their affidavits duly
subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public. The officer
administering the oath shall certify that he personally examined the affiants and that he
is satisfied that they have voluntarily executed and understood their affidavits.

(b)Within 10 days after the filing of the complaint, the investigating prosecutor shall
either dismiss it if he finds that there are no grounds to base the preliminary
investigation on; or issue a subpoena to the respondent, attaching to it a copy of the
complaint and its supporting affidavits and documents.

(c) Within ten 10 days from the receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counter-affidavit
and that of his witnesses, as well as other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn to and certified by the
officers mentioned above. The respondent shall not be allowed to file a motion to
dismiss in lieu of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit a

counter-affidavit within a 10-day period, the investigating prosecutor shall resolve the
complaint based on the evidence presented by the complainant.

(e) The investigating prosecutor may set a hearing if there are facts and issues to be
clarified from a party or a witness. The hearing shall be held within 10 days from
submission of the counter-affidavits and other documents, and shall be terminated
within 5 days. The parties can be present but do not have the right to examine or cross-
examine. They may, however, submit to the investigating prosecutor questions which
may be asked to the party or witness concerned.

(f) Within 10 days after the investigation, the investigating prosecutor shall determine
whether or not there are sufficient grounds to hold the respondent for trial.
(g) If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the resolution and information. Otherwise, he shall recommend the dismissal of
the complaint.

(h)Within 5 days from his resolution, he shall forward the record of the case to the
provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the Sandiganbayan. They shall act on the
resolution within 10 days from their receipt thereof and shall immediately inform the
parties of their action (Sections 3 and 4, Rule 112).

Based on the procedure outlined, the investigating prosecutor can recommend the
dismissal of the complaint, or the filing of the criminal information against the
respondent after conducting preliminary investigation. The recommendation for the filing
of the criminal information shall cause the investigating prosecutor to prepare the
resolution and criminal information.

The resolution will state the factual and legal reasons for the recommendation. The
criminal information is the official written document that charges the respondent in court.
No complaint may be dismissed or criminal information filed in court without the prior
written approval of the provincial, city, or chief state prosecutor, or of the Ombudsman
or his deputy (Section 4, Rule 112).

There are instances when the investigating prosecutor recommends the dismissal of the
complaint, but which upon review, the aforementioned officials do not agree. The latter
may, by himself or herself, file the criminal information against the respondent, or direct
any other assistant prosecutor or state prosecutor to do so without conducting another
preliminary investigation (Section 4, Rule 112).

No preliminary investigation is required for arrests without a warrant, unless the

respondent requests for it when his or her continued detention is ordered by the inquest
prosecutor (Section 6, Rule 112).

COURT PILLAR

Court is a body to which the public administration of justice is delegated through which
the state enforces its sovereign rights and powers

JUDGE
is a public officer so named in his commission and appointed to preside over and to
administer the law in a court of justice.

Functions of the court

1. To protect the rights of the accused

2. To determine by all legal means whether a person is guilty of a crime
3. To protect the society
4. To prevent and reduce criminal behaviour
5. Administrative role

VENUE and Jurisdiction

Venue is the site or location where the case is to be tried.Jurisdiction is the power to
hear and try the case and impose the punishment.

KINDS OF JURISDICTION
1. JURISDICTION OVER THE CASE MATTER
It is the power to hear, determine and decide the case based on its nature as
determined by laws.
2. JURISDICTION OVER THE OFFENSE
It is the power to hear, determine and decide the case based on its imposable penalty.
3. JURISDICTION OVER THE PERSON OF THE ACCUSED.
It is the power to hear, determine, and decide the case when the person is brought to
court either by virtue of arrest or by his voluntary submission.
4. JURISDICTION OVER TERRITORY
It is the power to hear, determine and decide the case when the act is committed or
any of its essential elements occurred within its territory.
Classification of courts

REGULAR COURTS

Supreme Court
Court of appeals
Regional trial courts
Metropolitan trial courts
Municipal trial courts in cities
Municipal trial courts
Municipal circuit trial courts

SPECIAL COURTS

Courts of tax Appeals

Sandiganbayan
Sharia district courts
Sharia circuit courts

Collegiate courts
Supreme court
Court of appeals
Sandiganbayan
Court of tax appeals

Lower Courts

Court of appeals
Sandiganbayan
Court of tax appeals
Regional trial courts
Metropolitan Trial Courts
Municipal Trial Courts in Cities
Municipal Trial Courts
Municipal Circuit Trial Courts
Shari'a District Courts
Shari'a Circuit Courts

Municipal Trial courts and Municipal Circuit Trial Courts

Every municipality in the Philippines has its own Municipal Trial Court. 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.

In cities outside a Metropolitan, the equivalent of the Municipal Trial Courts are referred to as Municipal
Trial Courts in Cities.

THE METROPOLITAN TRIAL COURTS

Municipal Trial Courts in the towns and cities in the Metropolitan area, as distinguished from the other
political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts .

REGIONAL TRIAL COURT

Established within the thirteen 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.

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.
1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under Presidential
Decree No. 1083;

2. All cases involving disposition, distribution and settlement of the estate of a deceased Muslim,
probate of wills, issuance of letters of administration or appointment of administrators or executors
regardless of the nature or the aggregate value of the property;

3. Petitions for declaration of absence and death and for cancellation and correction of entries in the
Muslim Registries mentioned in Title VI, Book Two of Presidential Decree No. 1083;

4. All actions arising from customary contracts in which the parties are Muslims, if they have not
specified which law shall govern their relations;

5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all auxiliary writs
and processes in aid of its appellate jurisdiction;

1. Petitions by Muslims for the constitution of the family home, change of name and commitment of
insane person to any asylum;

2. All other personal and real actions not mentioned in paragraph 1(d) wherein the parties involved are
Muslims except those for forcible entry and unlawful detainer which shall fall under the exclusive
original jurisdiction of the Municipal Circuit Courts; and

3. All special civil actions for interpleader or declaratory relief where the parties are Muslims or the
property involved belongs exclusively to a Muslim.

The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within
their territorial jurisdiction.

It shall decide every case on the basis of the evidence and the records transmitted as well as such
memoranda, briefs or oral arguments as the parties may submit.

The decisions of the Shari'a District Courts, whether on appeal from the Shari'a Circuit Courts or not,
shall be final. The Supreme Court shall, however, continue to exercise original and appellate jurisdiction
over certain issues as provided by the Constitution.

THE SHARI'A CIRCUIT COURTS

Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in
certain municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being
enforced.

COLLEGIATE COURTS
1. SUPREME COURT

Composed of 1 chief justice and 14 associate justices all of whom are appointed by the president from
among those recommended by judicial and bar council.

It shall be the final arbiter of any and all judicial issues.

It is the highest court in the Philippines.

2. The Court of Appeals

Composed of 1 presiding justice and 68 associate justices. All are appointed by the president.
23 divisions with 3 members.
It is vested with the power to review all final judgments, decisions, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, except those
falling within the appellate jurisdiction of the Supreme Court; to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its
original and appellate jurisdictions, including the power to grant and conduct new trials or further
proceedings.

3. COURT OF TAX APPEALS

It is composed of six (6) Justices with one (1) Presiding Justice and five (5) Associate Justices.

Court of tax appeals is a special Court mandated to address the adjudication of appeals
involving internal revenue tax and customs cases of the Commissioner of Internal Revenue and
the Commissioner of Customs, respectively.

4. Sandiganbayan

Its rank is equivalent to the court of appeals. Composed of 1 presiding justice and 14 associate justices.

Shall have jurisdiction over criminal and civil cases involving graft and corrupt practices and
such other offenses committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their office as may be determined by
law.

COURT PROCESSES

Arraignment and plea

2. Pre-trial
3. Trial
4. Judgment
5. New trial or reconsideration
6. Appeal

ARRAIGNMENT and PLEA

Arraignment is a formal reading of a criminal charging document in the presence of the

defendant, to inform them of the charges against him and asked to enter a plea to the
charges.
Plea - is a statement by someone in a court of law saying whether they are guilty or not
a guilty.

How is arraignment and plea made?

a. The arraignment shall be made in open court by the judge or clerk by furnishing
the accused with a copy of the complaint or information, reading the same in the
language or dialect known to him, and asking him whether he pleads guilty or not
guilty.

b. The accused must be present at the arraignment and must personally enter his
plea. Both arraignment and plea shall be made of record, but failure to do so
shall not affect the validity of the proceedings

When is plea considered as a not guilty plea?

a. When the accused refuses to plead or makes a conditional plea, a plea of not
guilty shall be entered for him.
b. When the accused pleads guilty but presents exculpatory evidence, his plea shall
be deemed withdrawn and a plea of not guilty shall be entered for him.
Exculpatory evidence is an evidence that may tend to prove that a defendant is not
guilty, or there’s a reasonable doubt as to their guilt.

PRE-TRIAL

Pre-trial is mandatory in criminal cases cognizable:

a. Sandiganbayan,
b. Regional Trial Court,
c. Metropolitan Trial Court,
d. Municipal Trial Court in Cities,
e. Municipal Trial Court

Pre-trial shall be held within thirty (30) days after the arraignment.

Matters discussed during pre- trial

a. Plea bargaining
b. Stipulation of facts
c. Marking for identification of evidence
d. Waiver of objections to admissibility of evidence.
e. Modification of the order of trial if the accused admits the charge but interposes a
lawful defence.
f. Such matters as will promote a fair and expeditious trial of the criminal and civil
aspects of the case.*

All agreements or admissions made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel, otherwise, they cannot be
used against the accused.
PLEA BARGAINING
A plea bargain is an agreement in a criminal case between the prosecutor and the
accused. It typically involves the defendant pleading guilty to a lesser offense in
exchange for a reduced sentence that has been agreed upon in advance.

TRIAL
Is a formal examination of evidence before a judge, and typically before a jury, in order
to decide guilt in a case of criminal or civil proceedings.The trial shall proceed in the
following order:
1. The prosecution shall present evidence to prove the charge and, in the proper
case, the civil liability.
2. The accused may present evidence to prove his defence, and damages, if any,
arising from the issuance of a provisional remedy in the case.
3. The prosecution and the defence may, in that order, present rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice, permits them to
present additional evidence bearing upon the main issue.
4. Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision unless the court directs them to argue orally or to
submit written memoranda.
5. When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defence, the order of trial may be modified.

Order of examination during trial

a. Direct examination is the questioning of a witness by the lawyer or the party that
called such witness in a trial.
b. Cross examination is the act of questioning of a witness presented by the
opposing party.
c. the rebuttal evidence is to explain, repel, counteract, or disprove the evidence of
the adversary. Rebuttal is evidence or arguments introduced to counter, disprove,
or contradict the opposing party's evidence or argument, either at trial or in a
reply brief.
 d. Sur-rebuttal is the response to a rebuttal that the responding party may be
allowed to make in rare circumstances.

Witnesses
Witnesses can provide important evidence, expert knowledge, and character
assessments of a defendant.
Witness are key components of a case and can help prove the innocence or guilt of a
defendant.

1. Eyewitness- is someone who observes an alleged crime in progress, as well as

perpetrators who participated in events of the crime. Eyewitness testimony provides
strong evidence in a criminal trial.
2. Expert witness- Expert witnesses are called to provide professional knowledge on
certain topics that are outside the ordinary knowledge of a jury or judge.

3. Character witnesses can testify on behalf of another as to that person's positive or

negative character traits and the person's reputation in the community.
Someone who knew the victim, the defendant, or other people involved in the case.
Witness
5. Material witness is an individual who contains information "material" to a criminal
proceeding.

Possible Defenses against Criminal Charges:

a. Defense of Alibi – a claim by the defendant that he was in another place when
the crime occurred and therefore could not have committed it
b. Defense of Insanity – a claim that the defendant should be exonerated from
criminal responsibility because he was suffering from mental incapacitation
c. Defense of Instigation – a claim that the defendant was made or compelled to
commit a crime by law enforcers so that they could arrest him
d. Defense of Duress – a claim that the act was the result, not on any intent on the
part of the accused, but of threats of life, limb or loved ones
e. Defense of Consent – a claim that the victim consented to the act for which the
accused stands charged.
f. Defense of “VIOLATION OF THE BILL OF RIGHTS” – invoked if the State or its
agents violated the right of the defendant in obtaini9ng evidence to prove the
latter’s guilt

Defense of Consent
a. The consent is given by a person who does not have authorization to provide
consent. Thus, an individual cannot consent to the taking of his neighbor’s
property because he does not have authorization to dictate what happens to the
property.
b. The consent is given by a person who is held unable to consent by virtue of
being underage, having a mental disorder, or being intoxicated and therefore
unable to make a reasonable judgment about the conduct.
c. The law does not allow the victim to consent, such as in the case of statutory
rape.
d. The consent was not voluntarily given, but was obtained by force or duress.

Defense of duress

Defence of duress applies when the accused's participation in the offense was caused
by a reasonable apprehension that the accused or another innocent person would be
immediately killed or would immediately suffer serious bodily injury if the accused did
not commit the act.

Elements of Duress

a. A reasonable fear of imminent death or serious bodily harm

b. Through the words or actions of another person
 c. With no reasonable opportunity to escape the threat
d. Through no fault of the defendant

JUDGEMENT
Is the adjudication by the court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the proper penalty and civil liability, if any.
It must be written in the official language, personally and directly prepared by the judge
and signed by him and shall contain clearly and distinctly a statement of the facts and
the law upon which it is based

Contents of judgement
If the judgment is of conviction,
it shall state (1) the legal qualification of the offense constituted by the acts committed
by the accused and the aggravating or mitigating circumstances which attended its
commission;
(2) the participation of the accused in the offense, whether as principal, accomplice, or
accessory after the fact;
(3) the penalty imposed upon the accused; and
(4) the civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any, unless the enforcement of the
civil liability by a separate civil action has been reserved or waived.

Persons criminally liable

a. Principals are persons who commit a crime personally or through another.
b. cAccomplices (commonly called aiders and abettors) are more connected to the
crime itself than accessories and are therefore usually subject to harsher
penalties.
c. Accessories are usually people who cover up the crime after it has been
committed.

If the judgment is of acquittal, it shall state whether the evidence of the prosecution
absolutely failed to prove the guilt of the accused or merely failed to prove his guilt
beyond reasonable doubt. In either case, the judgment shall determine if the act or
omission from which the civil liability might arise did not exist.

Promulgation of judgement

The judgment is promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered. However, if the conviction is for a light
offense, the judgment may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside of the province or city, the judgment
may be promulgated by the clerk of court.

When does judgement become final?

1. after the lapse of the period for perfecting an appeal.
2. when the sentence has been partially of totally satisfied or served.
3. when the accused has waived in writing his right to appeal
4. the accused has applied for probation.

NEW TRIAL and Reconsideeration

Grounds for new trial are as follows:

a. That errors of law or irregularities prejudicial to the substantial rights of the

accused have been committed during the trial;
b. That new and material evidence has been discovered which the accused could
not with reasonable diligence have discovered and produced at the trial and
which if introduced and admitted would probably change the judgment.

Ground for reconsideration

The court shall grant reconsideration on the ground of errors of law or fact in the
judgment, which requires no further proceedings.
Appeal
It is the process in which cases are reviewed by a higher authority, where parties
request a formal change to an official decision.

Who may file an appeal?

Any party may appeal from a judgement or final order unless the accused will be placed
in double jeopardy.

Double jeopardy- means that a defendant cannot be tried or punished for the same
offense more than once.

Appeal must be taken within 15 days from the promulgation of the final judgement or
from notice of the final order appealed from.

CORRECTION PILLAR
It is the branch of the criminal justice system charged with the responsibility of custody
supervision and rehabilitation of the convicts.

Purposes of corrections

a. Punishment
b. Rehabilitation
c. Isolation
d. Reintegration
e. Deterrence

Penology and penal management

Penology -is the study of the treatment and rehabilitation of offenders.

Penal management- is the manner or practice of managing and controlling places o

confinement as in jail and prison.

Persons Deprived of Liberty(PDL)

Are individuals who are found guilty of an offense or those awaiting for trials.

Early forms of punishment

a. Branding is a process by which a mark or symbol is burned into the skin of a
living person. It is done by using a hot iron rod.
b. cFlogging- is the whipping of a stick, rope, or leather to a person who violates the
law.
c. Mutilation- is the cutting of some parts of the offender’s body.
d. Public humiliation- is the means of taking vengeance on the offender by throwing
tomatoes or rotten eggs while he is placed on the stocks and pillory

Correctional system in the Philippines

1. Department of Interior and Local Government

Bureau of Jail Management and Penology
2. Department of Social Welfare and Development
Juvenile and Justice Welfare Council
3. Department of Justic
a. Bureau of Corrections
b. Board of Pardons and Parole
c. Probation and Parole Administration

Department of the Interior and Local Government is the executive department

responsible for promoting peace and order, ensuring public safety, and strengthening
the capability of local government units to effectively deliver basic services to the
citizenry.
The Department of Social Welfare and Development is the primary government
agency mandated to develop, implement, and coordinate social protection and poverty-
reduction solutions for and with the poor, vulnerable, and disadvantaged.
Juvenile Justice System
is a system dealing with children at risk and children in conflict with the law, which
provides child- appropriate proceedings, including programs and services for
prevention, diversion, rehabilitation, reintegration and aftercare to ensure their normal
growth and development.

Republic Act. 10630

• AN ACT STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN THE
PHILIPPINES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9344,
OTHERWISE KNOWN AS THE "JUVENILE JUSTICE AND WELFARE ACT OF
2006" AND APPROPRIATING FUNDS THEREFOR

Republic Act 9344

An Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile justice and Welfare Council under the Department of Social
Welfare and Development, Appropriating Funds Therefor, and for Other Purposes.

Bahay Pag- asa

• refers to a 24-hour child-caring institution established, funded and managed by

local government units (LGUs) and licensed and/or accredited nongovernment
organizations (NGOs) providing short-term residential care for children in conflict
with the law who are above fifteen (15) but below eighteen (18) years of age who
are awaiting court disposition of their cases or transfer to other agencies or
jurisdiction.

• Intervention- is a series of activities which are designed ti address issues that

caused the child to commit an offense. It may take in the form of an
individualized treatment program which may include counselling, skills training,
education and other activities that will enhance his/her psychological, emotional,
and psycho-social well-being.
• Diversion is an alternative, child- appropriate process of determining the
responsibility and treatment of a child in conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background
without resorting to formal court proceeding.

Minimum Age of Criminal Responsibility

A child under 15 years of age or under at the time of the commission of the offense
shall be exempt from criminal liability. However, the child shall be subjected to an
intervention program.

A child above 15 years but under 18 years of age shall likewise be exempt from criminal
liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate
proceedings.

Department of Justice
is the principal law agency of the Republic of the Philippines, serving as its legal
counsel and prosecution arm administers the government's criminal justice system by
investigating crimes, prosecuting offenders and overseeing the correctional system.
Burea of Corrections

• is an agency under the Department of Justice that is charged with custody and
rehabilitation of national offenders, that is, those sentenced to serve a term of
imprisonment of more than three (3) years.
• Executive Order No. 292 (July 25, 1987), the Administrative Code of 1987,
renamed the Bureau of Prisons to Bureau of Corrections to emphasize the
shift in its primary goal from punitive to rehabilitative process and, per
presidential form of government, is now under DOJ.

KINDS OF CORRECTIONS

Institutional corrections- rehabilitation- physical facility where the sentenced offenders

will serve their sentence.

Non- institutional corrections – refers to correctional activities that may take place within
the community or the method of correcting sentenced offenders without having to go to
prison.

Board of Pardons and parole

Probation and Parole AdministrationJuvenile Justice and Welfare Council

Two Forms of Non- institutional or Community Based Corrections

PROBATION- is a privilege granted by the court to a person convicted of a criminal

offense to remain in the community instead of actually going to prison/jail.

Probationer- a person placed on probation

Probation officer - is an officer of the court who supervises offenders and

investigates the offender's history (personal and criminal) prior to sentencing.

Who are qualified for Probation

a. Those sentenced to serve the maximum term of not more than 6 years.
b. Not convicted of any crime against the national security.
c. Those who have not been convicted with final judgement of an offense
punished by imprisonment of not more than six months and 1 day and or a fine of more
than 1,000 .
d. Not have been on probation.
e. Not have not been serving any sentence.

PAROLE
Is the conditional release of a prisoner from correctional institution after serving the
minimum period of prison sentence.

Those who are disqualified for Parole

1. those convicted of offenses punished with death penalty or life imprisonment;

2. those convicted of treason, conspiracy or proposal to commit treason or
espionage;
3. those convicted of misprision of treason, rebelion, sedition or coup d'etat;
4. those convicted of piracy or mutiny on the high seas or Philippine waters;
5.those who are habitual deliquents, i.e., those who, within a period of ten (10)
years from the date of release from prison orlast conviction of the crimes of
serious or less serious physical injuries, robbery, theft, estafa, and falsification,
are found guilty of any of said crimes a third time or oftener;
Those who escaped from confinement or evaded sentence;
 7. those who having been granted conditional pardon by the President of the
Philippines shall have violated any of the terms thereof;
8. those whose maximum term of imprisonment does not exceed one (1) year or
those with definite sentence;
9. those convicted of offenses punished with reclusion perpetua, or whose
sentences were reduced to reclusion perpetua by reason of Republic Act No. 9346
enacted on June 24, 2006, amending Republic Act No. 7659 dated January 1,
2004; and
10. those convicted for violation of the laws on terrorism, plunder and transnational
crimes.

PAROLE

Probation and Parole Administration

is created under the Department of Justice an agency to be known as the
Probation Administration which exercise general supervision over all probationers in the
Philippines.

CLEMENCY
It
is considered to be an act of grace. It is based on the policy of fairness, justice, and
forgiveness. It is not a right but rather a privilege, and one who is granted clemency doe
s not have the crime forgotten, but is forgiven and treated more leniently for the criminal
acts.

FORMS OF CLEMENCIES

Judicial Clemency – refers to the trial judge’s authority to set aside a conviction after a
defendant successfully completes their probation. Judicial clemency does not erase or
seal your criminal record. Rather, it simply changes the disposition of your case from a
conviction to a dismissal.
Executive clemency is the power and authority of a President to pardon a person
convicted of a crime, commute the sentence (shorten it, often to time already served) or
reduce it from death to another lesser sentence.
Absolute pardon
Conditional pardon
Commutation of sentence

Pardon
is 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.

Board of Pardons and Parole

• The agency in charge with the release of sentenced prisoners based on the
modes specified by law.

Kinds of Pardon

1. 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.
2. Conditional pardon- refers to the exemption of an individual within certain limits or
condition from the punishment which the law inflicts for the offense he has committed
resulting in the partial extinction of his criminal liability.

Commutation of sentence
is the reduction of the period of a prison sentence. In a commutation of sentence, a
person is not absolved from a conviction completely, but, his/her punishment is
substituted with a lesser punishment. For example, a death sentence may be
commuted to a sentence of imprisonment for life.

Reprieve
is the suspension or postponement of the punishment of a convicted person[i]. When a
reprieve is granted, a criminal is temporarily relieved from the execution of his/her
sentence.
For example, a woman who is pregnant may be granted a postponement of her
execution. The execution of an insane person also may be suspended until s/he
recovers to sanity.
The punishment or sentencing granted on a conviction will exist without any change on
reprieve. It is only a temporary postponement of execution of a sentence for a particular
period. However, the sentence will be executed later.

Amnesty refers to an act of pardoning an offense. Amnesty is granted by a sovereign

power and is usually exercised in favour of a group of persons. It refers to the
forgiveness of past criminal actions and thereby exempting from prosecution some
criminal action.
Amnesty is extended to persons who are subject to prosecution but not yet convicted.
It is usually provided for political crimes such as: sedition, terrorism and treason during
a period of insurrection or revolt to subjects concerned in an insurrection. The criminals
may be offered a promise of immunity from prosecution to abandon unlawful activities.

Persons deprived of liberty (PDL)

- are detainees who are incarcerated pending trial ad or final judgement. It includes all
persons who are arrested, detained, imprisoned or otherwise under custody of the
government authority.

Prisoner- is the national prison or penitentiaries managed and supervised by the

Bureau of Corrections ( convicted of crime punishable of more than 3 years)

Community pillar
Community is a social group whose members have something in common, such as a
shared government, geographic location, culture, or heritage.

Community pillar is considered as the base and most important pillar because without
its cooperation and coordination with the other 4 pillars the ends of justice will not be
served.

It is the unique feature of the Philippine Criminal Justice System to have the Community
as its fifth pillar. The community in this context refers to the elements that are mobilized
and energized to help authorities in effectively addressing the law and order concern of
the citizenry.
As a sub system of the criminal justice system, the community is the most critical
and useful component view of its massive and pervasive composition. Enlightened and
cognizant of their roles in the maintenance of peace and order as well as in the
dispensation of justice, members of the community get involved in providing assistance
and support to crime prevention activities, particularly in improving the police, detection
and prosecution of crime prevention programs and projects are community.

Some concepts about community pillar

a. Police Community Relations

b. Participative Law Enforcement (community oriented policing system)
c. Team Policing

Police community relation It is the development and retention of attitudes and behaviour on
the part of the police that create mutually supportive relationships between their agency and the
community.
Purpose of PCR
 • To develop a closer interaction between the community by enhancing police image in
order to gain support from the community for effective discharge of police functions for
the attainment of peaceful and orderly society.
Functions of PCR
• Develop plans and programs designed to generate and shape good public perception
towards the government in general and the PNP in particular.
Community Policing
• Is a system that links and bonds the police to the community and creates a stronger and
cohesive community interaction.
Community policing system
is a philosophy that promotes partnership between and law enforcement and community
to correctively address public safety issues.

Team policing
• is a community-oriented policing strategy that emphasizes collaboration among officers
and between police and community members to prevent crime and promote public
safety.
• The strategy emphasizes collaboration among officers and between police and
community members to prevent crime and promote public safety.

Components of the Community Pillar

1. FAMILY
2.CHURCH
3. SCHOOL
4. MASS MEDIA
5. GOVERNMENT
6. NON- GOVERNMENT ORGANIZATION

FAMILY
a group of persons united by the ties of marriage, blood, or adoption, constituting a
single household and interacting with each other in their respective social positions,
usually those of spouses, parents, children, and siblings.
It is known as the cradle of personality. It is the first schools were children learn the
basics- habits, mental attributes and the like.

School
One of the strategic avenue where children understand the value of life and morality.

Church
Is the institution that provides a place for public worship and the services needed to
enhance the spiritual and moral character of an individual.

Government
Honest, corrupt free government would end up people to become enthusiastic in
participating governments’ efforts for effective delivery of public service.
Mass Media
-is the institution for information dissemination where it gives the public to know the
necessary facts of life that help them shape their daily views about crime and control.
Impartial and fair tri-media could be the best source of information on what is happening
both local and abroad.

Non- government Organization

are groups of concerned individuals responsible for helping the government to pursue
community development. They serve as partners of the government institutions in
providing common services for public good and welfare, thus preventing criminality and
maintaining peace and order