CRIMINAL LAW AND

JURISPRUDENCE
MARK JOHN M. PANGAN

CLJ1- INTRODUCTION TO PHILIPPINE CRIMINAL

JUSTICE SYSTEM PRELIMS
January 03, 2023-February 21, 2023
INTRODUCTION

Before, human beings were nomads with no systems being followed like
the Criminal Justice System.

SETTLEMENT IN ONE PLACE

People started to injure others when they learned to group themselves

and settle in one place.

EARLY FORMS OF SETTLING DISPUTES

Disputes or crimes were first settled by means of ordeals because they

believed that God protected the innocent persons.

“ESSAY ON CRIMES AND PUNISHMENT“ ITALIAN: DEI DELITTI E DELLE

PENE

Cesare Beccaria asserted that government agencies that could swiftly

detect, try, and punish offenders must be created.

“ESSAY ON CRIMES AND PUNISHMENT”

This book provided for a blueprint in Criminal Justice System. A criminal

is a person convicted of a crime by a final judgment.

CRIMINAL

A criminal is a person convicted of a crime by a final judgment.

“CRIMINAL” COMPARED TO:

Suspect;
Respondent;
Accused;
Convict; and
Ex – convict

CRIME

A crime is an act or omission punishable by law, forbidding or commanding

it.

JUSTICE

Justice is the act of rendering what are due and treating persons equally.
These persons must, however, fall within the same classification
SYSTEM

System is a combination of related elements organized into a complex

whole. It may also refer to the process to be followed.

CRIMINAL JUSTICE SYSTEM

Criminal Justice System is the machinery of the State/Government which

is used in the prevention and control of crime.

ILLUSTRATE THE INTERPLAY AND ROLES OF THE COMPONENTS OF

THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

RECOGNIZE THE FUNCTIONS OF THE LAW ENFORCEMENT AGENCIES

IN ARREST, DETENTION, HUMAN RIGHTS, INVESTIGATION,
INQUEST, PROSECUTION, TRIAL, JUDGMENT, AND APPEAL

CRIMINAL JUSTICE SYSTEM

Criminal Justice System may also refer to the totality of the activities of
law enforcement, prosecution, court, correction, and community in crime
prevention and control.

GOALS OF CRIMINAL JUSTICE SYSTEM

Protect the members of the society.

Maintain Peace and Order
Crime prevention
Suppression of criminal conduct
Review the legality of existing rules and regulations
Rehabilitation and reformation of offenders.

PURPOSE OF CRIMINAL JUSTICE SYSTEM

The purpose of the criminal justice system is to process those who have
been accused of criminal activities.

Models of the Criminal Justice System

Crime Control
Due Process
Crime Control Model

It suggests that the most important function of the CJS is the

protection of the public and the repression of criminal conduct. The
rights of the individuals are just secondary.

Due Process Model

It suggests that the rights of an individual must be co-equal with the

concern for public safety.

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

Preventing the commission of crime

Enforcing the law
Removing dangerous person from the community
Protecting life, individual rights and properties
Deterring people from indulging in criminal activities
Determining the guilt or innocence or guilt of the accuse
Investigating, apprehending, prosecuting and imposing penalty upon those
who cannot be deterred from violating the rules of society
Rehabilitating offenders and returning them to the community as law-
abiding and useful citizens of the society.

DIFFERENT CRIMINAL JUSTICE SYSTEM (ways of attaining justice)

Pillars of CJS;
Katarungang Pambaragay Law;
Juvenile Justice System; and
Restorative Justice System;

COMPONENTS OF CRIMINAL JUSTICE SYSTEM

American Concept of Criminal Justice System

Law Enforcement
Court
Correction
Philippine Concept of Criminal Justice System
Law Enforcement (Police)
Prosecution
Court
Correction
Community
5 PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

Law Enforcement;
Prosecution;
Court;
Correction; and
Community

LAW ENFORCEMENT

The Law Enforcement conducts arrest, search, seizures, criminal

investigation, among others.
"Prime mover of actions" in the administration of justice.

PROSECUTION

The Prosecution conducts the following:

▪Inquest proceeding;
▪Preliminary investigation; and
▪Files the corresponding information before the court.

COURT

The court conducts trial to determine the guilt or innocence of the

accused

CORRECTION

The Correction reforms and rehabilitates offenders.

COMMUNITY

The community refers persons, homes, family, government, schools,

churches, etc. in charged with molding another and reintegrating
offenders
 LAW ENFORECEMENT PILLAR

DIFFERENT LAW ENFORCEMENT ACTIVITIES

Prevention of crime;
Repression or suppression of crime;
Apprehension of offenders;
Conduct search and seizure;
Investigation of crime;
and Protection of lives and property.

DISTINCTION BETWEEN PREVENTION OF CRIME AND

REPRESSION/SUPRESSION OF CRIME (CRIME CONTROL)

CRIME = Desire + Opportunity (to commit a crime)

Resistance (not to commit a crime)

RULE 113 of REVISED RULES ON CRIMINAL PROCEDURE

ARREST

SECTION 1. DEFINITION OF ARREST

ARREST

Is the taking of the person into custody in order that he may be bound to
answer for the commission of an offense.
It is the act of depriving a person of his or her liberty usually in relation
to the investigation and prevention of crime. The term is Anglo Norman in
origin and is related to the French word arrêt, meaning "stop”
Invitations are not arrests and are usually not unconstitutional, but in
some cases may be taken as commands. (Babst vs. NBI, G.R. No. L-
62992, September 28, 1992)
However, the practice of issuing an “invitation” to a person who is
investigated in connection with an offense he is suspected to have
committed is considered as placing him under “custodial investigation”.
(R.A. 7438)
MODES OF ARREST

(a) Arrest by virtue of a warrant;

(b) Arrest without warrant under exceptional circumstances as may be

provided by the statute (Sec. 5, Rule 113)

WHO MAY ISSUE A WARRANT OF ARREST?

GENERAL RULE

The power to determine the existence of probable cause is a function

of the judge and such power lies in the judge alone.

EXCEPTION

The BID Commissioner may issue a warrant of arrest of an

undesirable alien sought to be deported because it is not criminal in
nature and the act of deportation is an act of State. (Harvey vs.
Santiago, G. R. No. 82544, June 28, 1988)

ESSENTIAL REQUISITES OF A VALID WARRANT OF ARREST

(a) Issued upon probable cause which must be PERSONALLY determined by the
judge after examination under oath or affirmation of the complainant or
witnesses he may produce;
(b) After evaluation of the prosecutor’s report and the evidence adduced during
the preliminary investigation;
(c) The warrant must particularly describe the person to be arrested;
(d) In connection with a specific offense or crime.

Posting of bail does not bar one from questioning illegal arrest.

SECTION 2. ARREST, HOW MADE

MODES OF AFFECTING ARREST

(a) By an actual restraint of a person to be arrested;

(b) By his submission to the custody of the person making the arrest.

Reasonable amount of force may be used to effect an arrest.

WHAT MAY BE CONFISCATED UPON ARREST?

(a) Objects subject of the offense or used or intended to be used in the

commission of the crime;
(b) Objects which are the fruits of the crime;
(c) Those which might be used by the arrested person to commit violence or to
escape;
(d) Dangerous weapons and those which may be used as evidence in the case.
(e) Objects, the possession of which is illegal per se

Arrest must PRECEED the search. The process cannot be reversed.

SECTION 3. DUTY OF ARRESTING OFFICER

A DULY ISSUED WARRANT AUTHORIZES THE PROPER OFFICER

(a) To make an arrest thereunder but also make it his duty to carry out without
delay the commands thereof;
(b) To deliver the person arrested to the nearest police station or jail without
unecessary delay.

SECTION 4. EXECUTION OF WARRANT

1. UPON THE FILING OF THE INFORMATION BY THE PROSECUTOR

The judge merely evaluates personally the report and supporting
documents and other evidence adduced during the PI and submitted
to him by the prosecutor.
2. UPON APPLICATION OF A PEACE OFFICER
The judge must personally examine the applicant and the witnesses
he may produce, to find out whether there exists probable cause.

PERIOD OF A WARRANT OF ARREST

No time limit is fixed for the validity of a warrant of arrest.

Sec. 4. 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

The 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.

REQUISITES OF A VALID WARRANT OF ARREST

It shall be issued upon probable cause;

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
Particularly describing the person to be arrested.

SECTION 5. ARREST WITHOUT WARRANT; WHEN LAWFUL

A peace officer or a private person may, without a warrant, arrest a

person:
1. Inflagrante Delicto;
2. Hot Pursuit; and
3. Prisoners Arrest; Escaped prisoners; Fugitives from justice

INSTANACES OF WARRANTLESS ARREST

GENERAL RULE

No peace officer or person has the power or authority to arrest anyone

without a warrant EXCEPT in those cases expressly authorized by law.
EXCEPTIONS

(a) When in his PRESENCE, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense (in flagrante delicto arrests)
(b) When an offense has just been committed, and he has probable cause to
believe based on PERSONAL KNOWLEDGE of fact and circumstance that the
person to be arrested has committed it (doctrine of hot pursuit)
There must be a large measure of immediacy between the time of the
offense was committed and the time of the arrest.
(c) When the person to be arrested is a prisoner who has escaped from penal
establishment or place where he is serving final judgment or temporarily
confined while the case is pending or has escaped while being transferred from
one confinement to another.
(d) When the person who has been lawfully arrested escapes or is rescued. (e)
By the bondsman for the purpose of surrendering the accused.
(f) Where the accused attempts to leave the country without permission of the
court

SECTION 5. TIME OF MAKING ARREST

AT ANYTIME OF THE DAY OR NIGHT.

SECTION 7. METHOD OF ARREST OF OFFICER VIRTUE OF WARRANT

Under this Rule, an arrest may be made even if the police officer is not in
possession of the warrant of arrest. Exhibition of the warrant prior to
the arrest is not necessary.
However after the arrest, if the person arrested so requires, the
warrant shall be shown to him as soon as practicable.

SECTION 10. OFFICER MAY SUMMON ASSISTANCE

SECTION 11. RIGHT OF OFFICER TO BREAK INTO BUILDING OR

ENCLOSURE

REQUISITES:

(a) That the person arrested is or is reasonably believed to be in the said

building;

(b) That he announced his authority and purpose for entering therein;

(c) That he has been requested and has been denied admittance
SECTION 12. RIGHT TO BREAK OUT OF THE BUILDING OR ENCLOSURE
TO EFFECT RELEASE

SECTION 13. ARREST AFTER ESCAPE OR RESCUE

When a person lawfully arrested escapes or is rescued, any person may

immediately pursue or retake him without a warrant at anytime and in any
place within the country.

SECTION 14. RIGHT OF ATTORNEY OR RELATIVE TO VISIT PERSON

ARRESTED

RIGHTS OF THE ARRESTED PERSON

Right against torture, force, intimidation, and the like; and

Right to be visited and conferred privately with his lawyer in the jail or
any other place of custody at any hour of the day or night, subject to
reasonable regulations.

CRIMES THAT MAY BE COMMITTED BY A POLICE OFFICER WHIL

CONDUCTING ARRESTS, WHETER WITH OR WITHOUT WARRANT:

ARTICLE. 125 OF RPC: DELAY IN THE DELIVERY OF ARRESTED

PERSONS TO THE PROPER JUDICIAL AUTHORITY

12 hours for crimes punishable by light penalties;

18 hours for crimes punishable by correctional penalties; and
36 hours for crimes punishable by afflictive or capital penalties.

UNLAWFUL ARREST

Unlawful arrest is committed by any person who, in any case other

than those authorized by law, shall arrest or detain another for the
purpose of delivering him to proper judicial authorities

EXPULSION

Expulsion is committed by any public officer or employee who, not

being authorized by law, shall expel any person from the Philippine
islands or shall compel such person to change his residence.
RULE 126. SEARCH AND SEIZURE

SEARCH WARRANT

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.

Section 2. Court where application for search warrant shall be filed.

— An application for search warrant shall be filed with the following:

▪a) any court within whose territorial jurisdiction a crime was committed.

▪b) for compelling reasons stated in the application, any court within the
judicial region where the crime was committed if the place of the commission of
the crime is known, or any court within the judicial region where the warrant
shall be enforced.

However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.

Section 3. Personal property to be seized.

— A search warrant may be issued for the search and seizure of personal
property:

a) Subject of the offense;

b) Stolen or embezzled and other proceeds, or fruits of the offense; or

c) Used or intended to be used as the means of committing an offense.

WHO MUST BE PRESENTR IN MAKING SEARCH?

SEC. 8. Search of house, room, or premises to be made in presence of two

witnesses.

No search of a house, room, or any other premises shall be made

except in the presence of the lawful occupant thereof or any member
of his family or in the absence of the latter, two witnesses of
sufficient age and discretion residing in the same locality.
REQUISITES OF A VALID SEARCH WARRANT:

It shall be issued upon probable cause;

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
Particularly describing the things and place to be searched.

THE DISTINCTIONS BETWEEN WARRANT OF ARREST AND SEARCH

WARRANT:

FIRST

The warrant of arrest and search warrant are orders in writing issued in
the name of the People of the Philippines, signed by a judge, and directed
to a peace officer;

SECOND

The warrant of arrest and search warrant are issued only upon probable
cause;

THIRD

The warrant of arrest is intended to arrest a person, while a search

warrant is intended to search and seize things specified therein;

FOURTH

The warrant of arrest remains valid as long as the person stated therein
is not arrested regardless of the number of days that already lapsed,
while a search warrant is valid within ten days from issue;

FIFTH

The warrant of arrest may not be in possession of the arresting person

when conducting arrest, while the search warrant must be in possession
of the police officer when conducting search and seizure; and

SIXTH

The warrant of arrest may be executed anytime of the day and night,
while search warrant, as rule, must be executed during daytime.
 SEC. 9. Time of making search.— The warrant must direct that it be
served in the day time, unless the affidavit asserts that the property is
on the person or in 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.

RULE IN CONDUCTING SEARCH AND SEIZURE

As a rule, every search and seizure must be done by virtue of a search

warrant.

WARRANTLES SEARCH AND SEIZURE

Consented search; Search incidental to lawful arrest;

Plainview search or doctrine;
Search of a moving vehicle (Checkpoint operation);
Stop and Frisk (Terry Search);
Customs search;
Exigent and Emergency Circumstances;
and Search for Prohibited Materials or Substances at the Airport
Entrances

CRIMES THAT MAY BECOMMITTED BY A POLICEMAN WHILE

CONDUCTING SEARCH:

VIOLATION OF DOMICILE

Is committed by any public officer or employee who, not being authorized

by judicial order, shall enter the dwelling against the will of the owner
thereof, search papers or other effects found therein without the
previous consent of the owner, or, having surreptitiously entered said
dwelling, and being required to leave said premises, shall refuse to do so.

SEARCH WARTRANT MALICIOUSLY OBTAINED

Is committed by a public officer or employee who procures a search

warrant without just cause.
ABUSE IN THE AUTHORITY OF SEARCH WARRANTS LEGALLY
OBTAINED

Is committed by a public officer or employee who has legally procured a

search warrant but he exceeds his authority or uses unnecessary severity
in executing the same.

SEARCHING DOMICILE WITHOUT WITNESSES

Is committed by a public officer or employee who is armed with a search

warrant legally procured and searches the domicile, papers, or other
belongings of any person without the presence of the owner, or any
member of the family, or at least two witnesses residing in the same
locality.

RA 7438

Is the act defining certain rights of persons arrested, detained, or under

custodial investigation as well as the duties of the arresting, detaining,
and investigating officers.

DOCTRINE OF THE FRUIT OF POISONOUS TREE

If the rights stated in the preceding question are not complied with by
the investigating officer, any admission, confession, or any other evidence
obtained during the investigation is inadmissible in any proceeding.

CONFESSION AND ADMISSION DISTINGUISHED

Confession is the direct acknowledgment of guilt, while admission is the

indirect acknowledgement of guilt.

KINDS OF CONFESSION AND ADMISSION:

Judicial confessions/admissions; and

Extra – judicial confessions/admissions.
 CRIMINAL LAW AND
JURISPRUDENCE
MARK JOHN M. PANGAN

CLJ1- INTRODUCTION TO PHILIPPINE CRIMINAL

JUSTICE SYSTEM MIDTERM
February 22, 2023-April 03, 2023
EXPLAIN THE PROCESS OF FILING CRIMINAL CASES FROM POLICE TO
COURT AND THE RIGHTS OF THE ACCUSED AND VICTIM

PROSECUTION

FUNCTIONS OF PROSECUTIONS

To conduct preliminary investigation to determine the existence of

probable cause;
To conduct inquest proceeding to determine the validity of arrest; and
To file the necessary information in court in case probable cause exist
after preliminary investigation or the arrest is valid after inquest
proceeding.

PROSECUTION DEFINED

Prosecution – It is the legal process or method whereby accusations are brought

before a court of justice to determine the guilt or innocence of the accused.

It may also refer to the agency responsible in presenting the

government’s position in criminal cases and evaluating pieces of evidence
presented by the law enforcement pillar.

BASIC TERMS

Prosecution – It is the legal process or method whereby accusations are brought

before a court of justice to determine the guilt or innocence of the accused.

It may also refer to the agency responsible in presenting the

government’s position in criminal cases and evaluating pieces of evidence
presented by the law enforcement pillar.
Prosecutor – A prosecutor is a public officer having an authority to
conduct legal actions concerning the complaint filed at his office and
perform other prosecution functions as provided by law.

PROSECUTOR DEFINED

A prosecutor is a public officer having an authority to conduct legal

actions concerning the complaint filed at his office and perform other
prosecution functions as provided by law.
He must be a member of the bar and has practiced law for the past five
years
Officer of the Court under the Executive Branch (Department of
Justice)
WHAT IS THE TASK OF THE NATIONAL PROSECUTION SERVICE?

It is tasked as the prosecutorial arm of the government and is under

the supervision and control of the Department of Justice.

BASIC TERMS

Criminal Action – Is one by which the state prosecutes a person for an act or
omission punishable by law

SECTION 5. WHO MUST PROSECUTE CRIMINAL ACTIONS

All criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the public prosecutor.

MAJOR FUNCTIONS OF THE PROSECUTIONS

Charging- deciding whether or not individuals should be charged before

the bar of justice and what criminal cases they should answer.

2 phases

Case Intake- this activity centers on the evaluation of the case and
determination of what case to be filed
Case Screening- this phase concentrates more on what charges to file
and its alternative

MAJOR FUNCTIONS

Trial Advocacy- they represent the State in criminal cases and present
the case before the judge.
They present evidence to prove the guilt of the accused in criminal
proceeding.

IN SUM THE FUNCTIONS OF THE PROSECUTIONS ARE:

To evaluate the case of the Law Enforcement Pillar;

File the corresponding information in court and evidence at hand
Act as lawyer of the State in criminal cases
Note: The action of the prosecutor relies heavily on the police officers
action such as: certainty of arrest, certainty of conviction, and
appropriate sentencing
 PRELIMINARY INVESTIGATION & INQUEST PROCEEDING

DISTINCTION BETWEEN PRELIMINARY INVESTIGATION AND

INQUEST PROCEEDING

FIRST

Preliminary investigation is not summary in nature; inquest proceeding is

summary in nature;

SECOND

The purpose of preliminary investigation is to determine the existence of

probable cause; the purpose of inquest proceeding is to determine the
validity of arrest.

WHEN IS IT REQUIRED?

It is required to be conducted before the filing of a complaint or

information for an offense where the penalty prescribed by law is at
least (4) four years, (2) two months and (1) one day without regard to the
fine.

Probable cause

Probable cause is the existence of sufficient ground to engender a well-

founded belief that a crime has been committed and the respondent is
probably guilty thereof. If probable cause exists, the respondent should
be held for trial.

WHEN IS PRELIMINARY INVESTIGATION IS PROPER?

1. Person is not yet arrested

2. Person is not yet detained

3. Regular filing

4. To determine if there is ‘probable cause” to file the information to the court

5. No warrant of arrest yet issued

PERSON AUTHORIZED BY CONDUCT PRELIMINARY INVESTIGATION

A. City or provincial prosecutor and their assistants;

B. Duly appointed special prosecutors;
C. National and regional state prosecutors; and
 D. Other officers as maybe authorized by the law e.g. Ombudsman,
COMELEC, PCGG

PROCEDURE IN CONDUCTING PRELIMINARY INVESTIGATION

Filing of the complaint;

Dismissal of the complaint or issuance of subpoena by the investigating
officer;
Submission of counter affidavit (answer) by the respondent;
Clarification;
Issuance of resolution; and
Transmittal of the record of the case.

WHEN IS INQUEST PROCEEDING IS PROPER?

1. Person is already arrested

2. Person is already detained

3. Summary in nature

4. To determine if there is ‘valid cause for continued detention’

5. No need for warrant of arrest

PROCEDURE FOR PRELIMINARY INVESTIGATION

A. Filing of the complaint

Complaint shall be accompanied by affidavit of complainant and his
witnesses;
Other supporting evidences to establish probable cause.
How many copies of the complaint?
2 copies for official file; shall be in number of copies corresponding
the number of respondents.
B. Dismissal of the complaint or issuance of subpoena by the
investigating officer
- Within 10 days after the filing of the complaint, the investigating
officer shall:
a. Dismiss the complaint of there is no ground to continue;
b. Issue a subpoena to the respondent attaching the complaint and
supporting affidavits and documents
 c. Within 10 days from receipt of the subpoena with the complaint and
supporting affidavit and documents, the respondent shall submit his
counter affidavit and affidavits of his witnesses which are relied upon
for this defense.
Note: If the respondent does not submit his counter affidavit nor answer
to the subpoena the prosecutor shall decide on the complaint based on
evidence presented.
C. Clarification (Claficatory questions)
Within 10 days from filing the counter affidavit the investigating
fiscal may set a date for hearing of the facts and issues to be
clarified by both parties.
This shall not be subject for direct or cross examination. They may
submit their questions to the fiscal for clarification. Note: this
shall be terminated within 5 days

E. Issuance of Resolution Resolution is issued within 10 days from the

termination of the investigation

The fiscal after investigation shall:

Prepare a resolution and information if he finds probable cause to hold

the respondent for trial
Recommend the dismissal of the complaint if he finds no probable cause

If the information is issued the fiscal shall certify under oath:

That he or as shown on the record, an authorized officer has personally

examined the complainant and his witnesses;
That there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof;
That the respondent was informed of the complaint and the evidence
against them;
That he was given an opportunity to submit controverting evidence

F. Transmittal of the records of the case Within 5 days from the

resolution, the investigating officer must transmit the record of the case
to the Provincial/ City Prosecutor or Chief State Prosecutor or to the
Ombudsman on cases cognizable by the Sandiganbayan. These officers
will act on the resolution within 10 days,
Art. 125, RPC

Arbitrary detention by delay in the delivery of persons who detained to

the proper judicial authorities
12 hours for light penalties
18 hours for correctional penalties
36 hours for crimes afflictive/ capital penalties

Elements of Complaint and Information

The name of the accused;

The designation of the offense committed;
The qualifying and aggravating circumstances cannot be appreciated even
if proved unless alleged in the information (People v. Perreras, 362 SCRA
202).
It is not the designation of the offense in the complaint or information
that is controlling (People v.Samillano, 56 SCRA 573); the facts alleged
therein and not its title determine the nature of the crime (People v.
Magdowa, 73 Phil 512).
The act or omission complained of;
If one or more elements of the offense have not been alleged in the
information, the accused cannot be convicted of the offense charged,
even if the missing elements have been proved during the trial.
The name of the offended party;
The approximate time of the commission of the offense; and
The place where the offense was committed

DUPLICITY OF OFFENSE

The information is defective when it charges two or more DISTINCT or

DIFFERENT offenses.
A complaint or information must charge only one offense, except when
the law prescribes a single punishment for various offenses.

Complaint and Information

COMPLAINT

A complaint 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 of the law violated.
INFORMATION

Information is an accusation in writing charging a person with an offense,

subscribed by the prosecutor and filed in court.

DISTINCTIONS BETWEEN COMPLAINT AND INFORMATION:

COMPLAINT INFORMATION
▪Sworn written statement ▪Accusation in writing
▪Subscribed by the offended party, ▪Subscribed by the prosecutor to
peace officer or other public officer the court
charged with the enforcement of the
law violated to the prosecutor

DISTINCTIONS:

COMPLAINT INFORMATION
▪ Subscribed by the offended party, ▪ Subscribed by the fiscal
any peace officer or public officer ▪ Filed with the court
charged with the enforcement of the ▪ Need not be under oath
laws violated ▪ Usually refers to public crimes
▪ It may be filed in court or
prosecutor’s office
▪ It must be under oath
▪ Usually refers to private crimes

FIRST

The complaint or information shall be in writing, in the name of the People

of the Philippines and against all persons who appear to be responsible for
the offense involved;

SECOND

A complaint is a sworn written statement, while information is an

accusation in writing;

THIRD

A complaint is subscribed by the offended party, any peace officer, or

other public officers charged with the enforcement of the law violated,
while information is subscribed by the prosecutor; and
FOURTH

A complaint is filed either in the prosecutor’s office or in court, while

information is filed only in court.

RULE 110- PROSECUTION OF OFFENSES

SECTION 1. INSTITUTION OF CRIMINAL ACTIONS

FOR OFFENSES WHERE PRELIMINARY INVESTIGATION IS REQUIRED

By filing the complaint or information for purposes of conducting the

requisite preliminary investigation.
(required for offenses where the penalty prescribed by law is at least
4 years, 2 months, and 1 day [prision correcional in its medium
period] without regard to the fine)

FOR ALL OTHER OFFENSES

By filing the complaint or information directly with the Municipal Trial

Court and MCTC, or the complaint with the office of the prosecutor.
In Manila and other chartered cities, the complaint shall be filed with
the office of the prosecutor unless otherwise provided in their
charters. (Rule 110, Sec. 1 [b])

SECTION 5. WHO MUST PROSECUTE CRIMINAL ACTIONS

FULL DISCRETION AND CONTROL OF THE PROSECUTOR

All criminal actions commenced by a complaint or information shall be

prosecuted under the discretion and control of the prosecutor.

PRIVATE CRIMES

Are those which cannot be prosecuted except upon complaint filed by

the offended party.
(this legal requirement was imposed out of consideration for the
aggrieved party who might prefer to suffer the outrage in silence
rather than go through the scandal of public trial)
PROSECUTION OF PRIVATE CRIMES WHO MAY PROSECUTE?

CONCUBINAGE AND ADULTERY

Only by the offended spouse who should have the status, capacity, and
legal representation at the time of the filing of the complaint, regardless
of age.
When the complainant had already been divorced, he can no longer file
the complaint
Both guilty parties must be included in the complaint
The offended party did not consent to the offense nor pardoned by the
offenders

SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS

Prosecuted exclusively and successively by the following persons in this

order:

(a) by the offended woman;

(b) by the parents, grandparents or legal/judicial guardians in that

successive order, or if the offended party is incompetent or incapable of
doing so;

(c) by the state pursuant to the doctrine of PARENS PATRIAE

COURT PILLAR
COURT

A court is a body to which the public administration of justice is

delegated, being a tribunal officially assembled under authority of law at
the appropriate time and place for the administration of justice through
which the State enforces its sovereign rights and powers. It is an entity
or body in which a portion of judicial power is vested.

WHAT IS COURT?

It is a governmental body officially assembled under the authority of the

law at the appropriate time and place for the administration of justice
through which the state enforces it sovereign rights and power.
JUDGE

A judge is an officer so named in his commission who presides in some

court; a public officer, appointed to preside to and administer the law in a
court of justice.

JURISDICTION

Jurisdiction is the power and authority to hear, try, and decide a case.

WHAT ARE THE KINDS OF JURISDICTION?

A. Jurisdiction over the subject matter

B. Jurisdiction over the offense

C. Jurisdiction over the person of the accused

D. Jurisdiction over the territory

KINDS OF JURISDICTION

Jurisdiction over the subject matter -It is the power to hear,

determine, and decide the case based on its nature as determined by
laws.
Jurisdiction over the offense -It is the power to hear, determine, and
decide the case based on its imposable penalty.
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 voluntary surrender.
Jurisdiction over the 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.

ACQUISATION OF JURISDICATION

The court shall acquire jurisdiction over the person of the accused upon
his arrest or voluntary submission.
TYPE OF JURISDICTION

Original jurisdiction;
Appellate jurisdiction;
Exclusive jurisdiction;
Concurrent jurisdiction;
General jurisdiction;
Limited jurisdiction;
Criminal jurisdiction; and
Civil jurisdiction;

General Jurisdiction

The power to adjudicate all controversies, except those expressly

withheld from the plenary powers of the court

Special Jurisdiction

Which restricts the court’s jurisdiction only to particular cases and

subject to such limitations as may be provided by the governing law
Which restricts the court’s jurisdiction only to particular cases and
subject to such limitations as may be provided by the governing law

Original Jurisdiction

The power of the court to take judicial cognizance of a case instituted

for judicial action for the first time under conditions provided by law.
Which restricts the court’s jurisdiction only to particular cases and
subject to such limitations as may be provided by the governing law

Appellate Jurisdiction

The authority of the court higher in rank to re-examine the final order,
judgment or a lower court which tried the case now elevated for judicial
review. Which restricts the court’s jurisdiction only to particular cases
and subject to such limitations as may be provided by the governing law

Exclusive Jurisdiction

Power to adjudicate a case or proceeding to the exclusion of other courts

at that stage Which restricts the court’s jurisdiction only to particular
cases and subject to such limitations as may be provided by the governing
law
Concurrent Jurisdiction

Sometimes referred to as the coordinate jurisdiction which is the power

conferred upon different courts whether of the same or different ranks,
to take cognizance at the state of the same case in the same or different
judicial territories Which restricts the court’s jurisdiction only to
particular cases and subject to such limitations as may be provided by the
governing law

Territorial Jurisdiction

Refers to the geographical area within which its powers can be exercised:
MTC – within the municipality or city where it is located as may be
defined by the SC
RTC – within the region or province where it is located
SC & CA – within the Philippine territory (nationwide)

JUDICIAL DEPARTMENTS

What are the different COURTS in the Philippines?

1. Regular
2. Special
3. Collegiate

WHAT ARE THE REGULAR COURTS? (SAR-4M)

1. SUPREME COURT (4th level court or highest court)

2. COURT OF APPEAL (3rd level court)
3. REGIONAL TRIAL COURT (2nd level or court of the first instance)
4. METROPOLITAN TRIAL COURT
5. MUNICIPAL TRIAL COURTS IN CITIES First level court of
6. MUNICIPAL TRIAL COURT inferior court
7. MUNICIPAL CIRCUIT TRIAL COURT

WHAT ARE THE SPECIAL COURTS? (TSSS)

1. COURT OF TAX APPEALS (violation of the tax code of the ph.)

2. SANDIGANBAYAN (grafts and corruptions cases)
3. SHARI’A DISTRICT COURTS
Civil cases only
4. SHARI’A CIRCUIT COURTS
WHAT ARE THE COLLEGIATE COURTS? (SAST)

1. SUPREME COURT
2. COURT OF APPEALS
3. SANDIGANBAYAN
4. COURT OF TAX APPEALS

WHAT ARE THE LOWER COURTS?

1. COURT OF APPEALS
2. SANDIGANBAYAN
3. COURT OF TAX APPEALS
4. REGIONAL TRIAL COURTS
5. METROPOLITAN TRIAL COURT
6. MUNICIPAL TRIAL COURT IN CITIES
7. MUNICIPAL TRIAL COURT
8. MUNICIPAL CIRCUIT TRIAL COURTS
9. SHARI’ A TRIAL COURTS
10. SHARI’ A CIRCUIT COURTS
COMPARISON OF 1ST LEVEL COURTS

A. Municipal Trial Court or MTC

B. Metropolitan Trial Court or MeTC

Not applicable
C. Municipal Trial Court in Cities or MTCC

D. Municipal Circuit Trial Court or MCTC

MTC RTC SANDIGANBAYAN COURT OF

APPEALS
Less than 6years 6years, 1day and RA 3019 “Anti Human Security
Above graft & Corruption” Act as amended
by Anti
Terrorism Law
Not more than P4,001 and above Ill-gotten wealth
P4,000 RA1379 PO SG 27
In relation to
office
Reckless Family Court Ill-gotten wealth
Imprudence Cases RA1379 PO SG 27
resulting to In relation to
damage to office
property
BP 22 “Anti- Drugs
Bouncing Check
Law”
City or Municipal Libel
Ordinances
Traffic Laws
Destierro Cases
WHAT ARE THE COURT PRECEEDINGS IN TRYING CASE?

1. ARRAIGNEMENT AND PLEA

2. PRE-TRIAL
3. TRIAL
4. JUDGEMENT
5. NEW TRIAL AND RECONSIDERATION
6. APPEAL

ARRAIGNMENT

Arraignment is made in open court by the judge or clerk furnishing the

accused of the copy of the complaint or information, reading the same in
a language or dialect known to him, and asking him whether he pleads
guilty or not guilty.

PLEA OF NOT GUILTY SHALL BE ENTERED TO THE ACCUSED

When the accused refuses to plead;

When When he makes a conditional plea of guilty; and
he pleads guilty but presents exculpatory evidence.

BAIL

Bail is a security given for the release of a person in custody of law,

furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions specified by law.
FORMS OF BAIL:

Corporate surety; (or surety bond)

Property bond; (if no cash, real property/house and lot)
Cash deposit; and (most common bail in used)
Recognizance. (meron kukuha sa custody mo or si kapitan ang magdadala sa
court)

INSTANCES WHEN RECOGNIZANCE IS AVAILABLE:

When the offense committed is light;

When the offender is minor; or
When the offender applies for probation.

WHEN IS BAIL A MATTER OF RIGHT AND WHEN IS IT A MATTER OF

DISCRETION?

BAIL IS A MATTER OF RIGHT

Before or after conviction by the Metropolitan Trial Court, Municipal

Trail Court, Municipal Trial Court in Cities, or Municipal Circuit Trial
Court;
Before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua, or life imprisonment.

BAIL IS DISCRETIONARY

Bail is discretionary upon conviction by the Regional Trial Court of an

offense not punishable by death, reclusion perpetua, or life imprisonment.

CAPITAL OFFENSE AND CAPITAL PENALTY DISTINGUISHED:

A capital offense is defined as an offense which, under the law existing

at the time of its commission and of the application for admission to bail,
may be punished with death.
A capital penalty, on the other hand, is death penalty.

THE DISTINCTIONS AMONG CRIMINAL, CIVIL, AND

ADMINISTRATIVE CASES:

IN ACCORDANCE WHERE THESE CASES ARE FILED

Criminal and civil cases are filed in courts, while administrative cases are
filed in quasi-judicial bodies.
QUASI-JUDICIAL BODIES

People’s Law Enforcement Board (PLEB);

Internal Affairs Service (IAS), Philippine National Police;
Commission (NAPOLCOM); and
Commission on Human Rights (CHR)

IN ACCORDANCE TO WEIGHT OR SUFFICIENCY OF EVIDENCE

REQUIRED

In criminal cases, the evidence needed to convict an accused is proof

beyond reasonable doubt; in civil cases, preponderance of evidence; in
administrative cases, substantial evidence

PROOF BEYOD REASONABLE DOUBT

Proof beyond reasonable doubt is a degree of proof which produces

conviction in an unprejudiced mind.

PREPONDERANCE OF EVIDENCE

Preponderance of evidence means that the testimony adduced by one side

is more credible and conclusive than the other.

SUBSTAINAL EVIDENCE

Substantial evidence is the relevant evidence which a reasonable mind

might accept as adequate to support a conclusion.

IN ACCORADANCE TO IMPOSABLE PENALTIES:

In criminal cases, the imposable penalty is imprisonment, destierro, or

even death; in civil cases, payment damages; in administrative cases,
reprimand, suspension, or dismissal from the service

IN ACCORDANCE TO THE DESOGNATION OF THE VICTIM

In criminal cases, the victim is known as the Private Offended Party; in

civil cases, the victim is known as Plaintiff; in administrative cases, he is
known as Complainant.

IN ACCORDANCE TO THE DESIGNATION OF THE PERSON BEING

HEARD

In criminal cases, the person being heard is known as Accused; in civil

cases, he is known as Defendant; in administrative cases, he is known as
Respondent.
TRIAL

Trial is the examination before a competent tribunal, according to the

laws of the land, of the facts and issue in case, for the purpose of
determining such issue.

ORDER OF TRIAL

FIRST

The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability;

SECOND

The accused may present evidence to prove his defense and damages, if
any, arising from the issuance of the provisional remedy in the case;

THIRD

The prosecution and the defense may, in that order, present rebuttal and
surrebutal evidence unless the court, in furtherance of justice, permit
them to present additional evidence bearing upon the main issue; and
FOURTH

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.

MODIFICATION OF ORDER OF TRIAL

When the accused admits the act or omission charged in the complaint or
information but interposes an affirmative defense (like self defense),
the order of trial will be modified. The accused is the first to present his
evidence to prove his claim or defense (like self defense).

JUDGEMENT

Judgment is 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
ALIBI (weakest evidence)

Alibi is an averment that a person was at another place for such a period
of time that it was impossible for him to have been at the place where
the acts was committed at the time of its commission.
CRIMINAL LAW AND
JURISPRUDENCE
MARK JOHN M. PANGAN

CLJ1- INTRODUCTION TO PHILIPPINE

CRIMINAL JUSTICE SYSTEM FINALS
 CORRECTION PILLAR

THEORIES IN CORRECTION:

CLASSICAL THEORY

Classical theory states that men have the absolute free will to choose
between good and evil so they are liable for the consequences of their
acts. This is also known as Free-Will Theory which was established by
Cesare Beccaria.

NEO-CLASSICAL THEORY

Neo-classical theory states that since insane and minors do not know the
consequences of their acts, they must not be liable for the crimes they
may commit.

POSITIVIST THEORY

Positivist theory states that criminals shall be treated like patients in the
hospital, instead of punishing them. This is also known as the Italian
Theory which was established by Cesare Lombroso.

ECLECTIC THEORY

Eclectic theory is the combination of beneficial aspects of Classical,

Neoclassical, and Positivist theory which what we have at present.

CORRECTION DEFINED

A branch of the Criminal Justice System concerned with the custody,

supervision and rehabilitation of criminal offenders.
A field of criminal justice administration, which utilizes the body of
knowledge and practices of the government and the society in the general
involving the processes of handling individuals who have been convicted of
offenses for purposes of crime prevention and control.
 CLASSIFICATIONS OF CORRECTION

INSTITUTIONAL CORRECTION

Institutional correction deals with jails, prisons, and colonies where a

convict is going to serve his sentence.

NON-INSTITUTIONAL CORRECTION

Non-institutional correction deals with service of sentence of a convict

outside an institution. It is also known as a community – based –
treatment for a convict is going to serve his sentence in the community
by way of probation, parole, or other means.

JAILS

Provincial Jails;
City Jails;
District Jails; and
Municipal Jails.

THE CATEGORIES OF INMATE:

Prisoners; and
Detainees.

PRISONERS

Prisoners are those convicted by final judgment

CLASSIFICATION OF PRISONERS

Insular prisoners;
Provincial prisoners;
City prisoners; and
Municipal prisoners.
INSULAR PRISONERS

Insular prisoners are those sentenced to a prison term of three (3) years
and one (1) day to death.

PROVINCIAL PRISONERS

Provincial prisoners are those sentenced to a prison term of six (6)

months and one (1) day to three (3) years

CITY PRISONERS

City prisoners are those sentenced to a prison term of one (1) day to
three (3) years.

MUNICIPAL PRISONERS

Municipal prisoners are those sentenced to a prison term of one (1) day to
six (6) months.

DETAINEES

Undergoing investigation;
Awaiting or undergoing trial; and
Awaiting final judgment

PRISONS

Old Bilibid Prison; and

New Bilibid Prison
 SATELLITES OF NEW BILIBID PRISON

BUKANG LIWAYWAY

Bukang Liwayway houses minimum security prisoners who work in the

various projects of the institution

SAMPAGUITA CAMP

Sampaguita Camp is where the Reception and Diagnostic Center, Medium

Security Unit, and Youth Rehabilitation Center are located.
 PENAL COLONIES AND THEIR LOCATION

SAN RAMON PRISON AND PENAL FARM

Zamboanga City, Zamboanga Del Sur

IHAWIG PENAL COLONY

Near Puerto Princesa City, Palawan

DAVAO PENAL COLONY

Panabo, Davao Del Norte

SABLAYAN PENAL COLONY

San Jose, Occidental Mindoro

CORRECTIONAL INSTITUTION FOR WOMEN

Mandaluyong

LEYTE PENAL COLONY

Abuyog, Southern Leyte

PROBATION

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.

PROCESS TO BE UNDERGONE BY PROBATIONER

Application for probation;

Order of the court to conduct Post Sentence Investigation (PSI); •
Submission of Investigation Report (IR);
Resolution of the court; • Effectivity of Probation Order.
Control and Supervision of Probationer; and
Termination of Probation.

CONDITIONS OF PROBATION

Mandatory conditions; and

Discretionary conditions.
OTHER MATTERS THAT MUST BE CONSIDERED IN PROBATION:

FIRST

Probation is a matter of privilege, not right; Period of Probation;

SECOND

The period of probation of a defendant sentenced to a term of

imprisonment of not more than one (1) year shall not exceed two (2)
years.

THIRD

The period of probation of a defendant sentenced to a term of

imprisonment of more than one year shall not exceed six (6) years.

FOURTH

Confidentiality of Records; Arrest of Probationer; Subsequent

Disposition; and

FIFTH

An order revoking the probation or modifying the terms and conditions

thereof shall not be appealable.

PARDON

Pardon is an executive clemency granted by the President/Chief

Executive. It may also be 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.

KINDS OF PARDON

Absolute Pardon; and

Conditional Pardon

AMNESTY

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.
REMISSION OF FINES AND FORFEITURES

Remission of fines or forfeitures is the power of the President to

prevent the collection of fines or the confiscation of forfeited property.

PAROLE

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.

REPRIVE AND SUSPENSION OF SENTENCE

Reprieve and suspension of sentence are the temporary stay or

postponement of sentence.

DISTINCTION BETWEEN REPRIEVE AND SUSPENSION OF SENTENCE

Both reprieve and suspension of sentence refer to temporary stay or

postponement of sentence but “suspension of sentence” is done for an
indefinite time, while “reprieve” is done to a fixed or definite date.

COMMUTATION

Commutation is an act of the President reducing the penalty of a convict..

LEGISLATIVE CLEMENCY

It happens when the legislature enacted a law decriminalizing the acts or

omissions previously punishable by law.

GOOD CONDUCT TIME OF ALLOWANCE

IMPRISONMENT PERIOD OF REDUCTION

1-2 YEARS 20 DAYS PER MONTH
3-5 YEARS 23 DAYS PER MONTH
6-10 YEARS 25 DAYS PER MONTH
11 AND ABOVE 30 DAYS PER MONTH

TAKE NOTE: At any time during the period of imprisonment, he shall be

allowed another deduction of fifteen days, in addition to numbers one to four
hereof, for each month of study, teaching or mentoring service time rendered.
(RA 10592)
REPUBLIC ACT 10592

An Act Amending Articles 29,94,97,98 and 99 of Act No. 3815.

CRIMES THAT MAY BE POSSIBLY COMMITTED BY A PERSON WHILE

SERVING HIS SENTENCE

Evasion of Service of Sentence; and

Evasion of Service of Sentence; and
Evasion of Service of Sentence in the Occasion of Disorders,
Conflagration, Earthquakes, or other calamities.

COMMUNITY PILLAR

Why is Community as One of the Pillars of the Philippine Criminal Justice

System?

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

COMMUNITY

A community is a group of persons living in a particular place. It may also

refer to a society or body of people living in the same place, under the
same laws and regulations which have common rights, privileges, or
interests.

What are some Concepts about Community Pillar?

A. Police Community Relations
B. Participative Law Enforcement
C. Team Policing

Why is Police Community Relations (PCR) Created?

To build and maintain good and harmonious relationship between the
police and the citizens.

What is the Doctrine of Participative Law Enforcement?

It is where the police together with the community work hand on hand in
combating criminality.
This is also known as the Community Oriented Policing System (COPS).
What is Team Policing?
It refers to a grass root approach undertaken to bring the people and the
police closer together in a more cooperative condition. Its distinct
feature is establishing neighbourhood crime watch groups for the purpose
of encouraging people to report all suspicious circumstances and
conditions in their locality and the police to take greater responsibility
and interest in preventing and repressing crimes. Public trust and support
are essential to a successful and fruitful team policing.

What are the Sectors of the Community that must be concerned with the
Administration of Criminal Justice System?

1. Family
2. School
3. Church and the religious groups
4. Mass Media
5. Non - Governmental Organization

HOME

A home is the “cradle of human personality.” It is a haven of peace and

refuge and where the fundamental values of courage, honesty, and
integrity are taught and encouraged. It is also where children are
brought up with the strength to make a difference and make the change
they seek in this world.

MARRIAGE

Marriage is a special contract of permanent union between a man and a

woman entered into in accordance with law for the establishment of
conjugal and family life.

ESSENTIAL REQUISITE OF A VALID MARRIAGE

Legal capacity of the contracting parties who must be a male and a

female; and
Legal capacity of the contracting parties who must be a male and a
female; and
Consent freely given in the presence of the solemnizing officer.
FORMAL REQUISITE OF A VALID MARRIAGE

Authority of the solemnizing officer;

A valid marriage license; and
A marriage ceremony

FAMILY

Family is a group of people affiliated by consanguinity, affinity, or co-

residence. In most societies, family is the principal institution for the
socialization of children

SCHOOL

A school is an institution or place for instruction or education

CHURCH

Church is the religious society founded and established by Jesus Christ

to receive, preserve, and propagate His doctrines and ordinances..

RELIGION

Religion is man’s relation to divinity, to reverence, worship, obedience and

submission to mandates and precepts of super natural or superior being.

ASPECTS OF RELIGION

The Freedom to believe in a religion; and

The Freedom to act in accordance with such belief.

GOVERNMENT

A government is the organization, or agency through which a political unit

exercises its authority, controls and administers public policy, and directs
and controls the actions of its members or subjects.
 KATARUNGANG PAMBARANGAY LAW

PRESIDENTIAL DECREE 1508

PD 1508 was enacted and it provided a procedure on amicably settling

disputes in the barangay level

ARBITRATION

Arbitration is the process of resolving a dispute or a grievance outside of

court system by presenting it to a third person or panel for decision.

TAKE NOTE: By the express provision of law, parties must not be assisted by
counsel in pambarangay proceedings. Minors and incompetents are assisted by
next-of-kin who are not lawyers.

RESTORATIVE JUSTICE

Restorative justice refers to a principle which requires a process of

resolving conflicts with the maximum involvement of the victim, the
offender and the community.

What is the Concept of the Katarungang Pambarangay? (KP)

It is justice administered in the barangay level. It is a system of amicably

settling disputes among families in barangay levels without judicial
recourse

What are its Objectives?

1. To promote Speedy administration of justice;

2. To perpetuate the time-honored tradition of settling disputes amicably for

the Maintenance of peace and order;
What are its Objectives?

3. To implement the constitutional mandate, preserve and develop Filipino

Culture; and

4. To Relieve the courts of docket congestion and thereby enhance the quality
of justice dispensation.

What are its Salient Features? (PR)

1. It makes barangay settlement a Pre-requisite to the bringing of suit to the

regular courts of justice. This will ensure that all disputes, with certain
exceptions, must go through the conciliation process. Hence, only those that are
truly irreconcilable will be kept for formal resolution; and

REPUBLIC ACT 7610

The Local Government Code of the Philippines. Sections 399 – 422 of it

deal with Katarungang Pambarangay.

Sec. 412, RA 7160 "No complaint, petition, action, or proceeding involving any
matter within the authority of the Lupon shall be filed for adjudication, unless
there has been confrontation between parties before the Lupon Chairman or
the Pangkat and that no conciliation or settlement has been reached as
certified by the Lupon or Pangkat Chairman unless the settlement has been
repudiated by the parties thereto."

What are its Salient Features? (PR)

2. Parties may not be Represented by counsel or anyone else. This is

designed to make the proceeding simple and inexpensive as to be available
to all, and also facilitates amicable settlement.

BARANGAY

The barangay, as the basic political unit, serves as the primary planning
and implementing unit of government policies, plans, programs, projects,
and activities in the community, and as a forum wherein the collective
views of the people may be expressed, crystallized and considered, and
where disputes may be amicably settled.
 OFFICIALS AND OFFICES

Punong Barangay
Seven (7) Sangguniang Barangay Members;
Sangguniang Kabataan Chairman;
Barangay Secretary; ▪Barangay Treasurer; and
Lupong Tagapamayapa.

What is the Composition of Lupong Tagapamayapa? (LT) (Sec. 399)

1. Punong Barangay – Act as Chairman; and

2. Ten (10) to twenty (20) members

"The lupon shall be constituted every three (3) years in the manner provided by
RA 7160."

Who may be Appointed Member of the Lupon? (RDR)

1. Any person actually Residing working in the barangay, or

2. Not otherwise expressly Disqualified by law,

3. Possessing integrity. impartiality. independence of mind sense of fairness.

and Reputation for probity.

What is the Jurisdiction of Katarungang Pambarangay?

To amicably settle cases within their respective barangay, punishable by

imprisonment not exceeding one (1) year, or a fine not exceeding P5,000.
What are Some of the Offenses Punishable by the RPC Cognizable by the
Lupon?

I. Crimes against Public Order

a. Alarms and Scandals (Art. 155)

II. Crimes against Public Interest

a. Use of False Certificates (Art. 175)

b. Concealing One's True Name and Other Personal Circumstances (Art. 178.
part 2)

What are Some of the Offenses Punishable by the RPC Cognizable by the
Lupon?

III. Crimes against Persons

a. Physical Injuries Committed in Tumultuous Affray (Art. 252)

b. Slight Physical Injuries and Maltreatment (Art. 266)

IV. Crimes against Security

a. Other Forms of Trespass (Art. 281)

b. Other Light Threats (Art. 285)

c. Other Light Coercion/Unjust Vexations (Art. 287)

What are Some of the Offenses Punishable by the RPC Cognizable by the
Lupon?

V. Crimes against Property

a. Some Forms of Thefts (Art. 308, par. 3. & Art.309, par.

b. Altering Boundaries or Landmarks (Art. 313)

c. Other Deceits (Art. 318)

d. Special Cases of Malicious Mischief (Art. 328)

e. Other Mischief (Art. 329)

 f. Theft, Swindling or Malicious Mischief Committed or Caused by Certain
Relatives, Where There is No Criminal but Only Civil Liability (Art. 332)

What are Some of the Offenses Punishable by the RPC Cognizable by the
Lupon?

VI. Crimes against Honor

a. Slight Slander (Art. 358)

b. Slander by Deed Not of a Serious Nature (Art. 359)

Procedure to be Followed in Resolving Disputes in the Barangay Level:

First

The complainant complains orally or in writing to the Lupon Chairman of

the barangay;

Second

Within the next working day from receipt of the complaint, the Lupon
Chairman shall summon the respondent, with notice to the complainant,
for them and their witnesses to appear before him for mediation;

Third

If the Lupon Chairman fails in his mediation efforts within fifteen (15)
days from the first meeting of parties, he shall set a date for the
constitution of the Pangkat ng Tagapagkasundo;

Fourth

The Pangkat shall convene not later than three (3) days from its
constitution to hear both parties and their witnesses, simplify issues, and
explore all possibilities for amicable settlement;

Fifth

The Pangkat shall arrive at settlement or resolution of the dispute within

fifteen (15) days, from the day it convened; otherwise the Certification
to File Action shall be issued.