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Chapter 1
PRELIMINARIES

A. Law

Necessity and functions of law.

What would life be without law? If we

can answer this question, we can answer
the more basic question of whether law is
necessary. If life without law would be
the same as it is now, obviously law is
not necessary.
Society comes into existence because
its members could not live without it. The
need for internal order is as constant as
the need for external defense. No society
can be stable in which either of these
requirements fails to be provided for.
What does law do? It has been said that
law secures justice, resolves social
conflict, orders society, protects
interests, and controls social relations.
Life without basic laws against theft,
violence, and destruction would be
solitary, nasty, brutish, and short. Life
without other laws such as those
regulating traffic, sanitation,
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employment, business, redress of harm or

of broken agreements, etc. — would be less
orderly, less healthful, less wholesome,
etc. (see Howard and Summers, Law, Its
Functions, and Its Limits [1965 ed.], pp.
35-36, 37.)

No society can last and continue

without means of social control, without
rules of social order binding on its
members. The sum of such rules as existing
in a given society, under whatever
particular forms, is what in common speech
we understand by law. Since we find law
necessary, every citizen should have some
understanding of law.

Meaning of Law in General.

In its widest and most comprehensive

sense, the term law means any rule of
action or any system of uniformity.

Thus, law, in general, determines not

only the activities of men as rational
beings but also the movements or motions
of all objects of creation, whether
animate or inanimate.

General Divisions of Law.

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Law, as above defined, may be divided

into two general groups:
 Law (in the strict legal sense) which is
promulgated and enforced by the state;
and
 Law (in the non-legal sense) which is not
promulgated and enforced by the state.

The first refers to what is known as the

state law while the second includes divine
law, natural law, moral law, and physical
law.
State law, divine law, natural law and
moral law are comprised in the definition
of law as a rule of action. They apply to
men as rational beings only. On the other
hand, physical law operates on all things,
including men, without regard to the
latter's use of their will power and
intelligence. It is called law only
figuratively speaking.

Laws with which the State is not Directly

Concerned.

 Divine law. Divine law is the law of

religion and faith which concerns itself
with the concept of sin (as contrasted
with crime) and salvation. It is formally
promulgated by God and revealed or
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divulged to mankind by means of direct

revelation. Under the Old Testament,
divine law is embodied in the Ten
Commandments. It is believed by
Christians that these laws were formally
given by God through Moses, the great
Hebrew prophet and leader. (see C.
Pascual, Legal Method, 2nd ed., pp. 7-8.)

Of course, divine law differs

according to what one believes to have
been established and communicated to
mankind by revelation. Thus, to the
Mohammedans, divine law is embodied in
the Muslim Quoran.

 Natural law. Natural law may then be

defined as the divine inspiration in man
of the sense of justice, fairness, and
righteousness, not by divine revelation
or formal promulgation, but by internal
dictates of reason alone. Thus, natural
law is ever present and binding on all
men everywhere and at all times. There is
in every man a basic understanding of
right and wrong based on an understanding
of the fundamental standard or criterion
of good and evil. In other words, there
are some acts or conduct which man knows
in his heart and his conscience, not by
theorizing, but by the dictates of his
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moral nature, are simply good or bad or

evil. Thus, we know that killing for the
sake of killing or stealing for the sake
of stealing is bad or evil because it is
contrary to what we believe is just, fair
or righteous. When we speak of this
inward instinct of justice, fairness and
righteousness in man as divinely inspired
by the dictates of his higher nature, we
are talking about natural law or the law
of nature. (see C. Pascual, The Nature
and Elements of the Law, 1954 ed., pp. 9-
10.) Natural law has been regarded as the
reasonable basis of state law.

While natural law and divine law are

very similar, they are not, however,
the same. Divine law; as the law of
religious faith, is made known to man
by means of direct revelation. On the
other hand, natural law is said to be
impressed in man as the core of his
higher self at the very moment of being
or, perhaps, even before that. (see C.
Pascual, Legal Method, 2nd ed., p.
111.)
 Moral law. "At a comparatively early
stage of their existence human beings
learned that it was good for the welfare
of the group that the privilege to
determine what is right and what is wrong
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was not left to each member of the group.

The mores or ways of life were then
evolved which were always considered
right and correct, and obedience to them
was demanded by the group." When we talk
of moral law, we are speaking of the
totality of the norms of good and right
conduct growing out of the collective
sense of right and wrong of every
community.

As distinguished from state law,

there is no definite legal sanction
(punishment imposed by law like
imprisonment and/or payment of fines or
damages) for violation of purely moral
law. "If a member of the community
disregards the moral norms, a
spontaneous social reaction is produced
in the form of public displeasure,
contempt or even indignation. If, on
the other hand, there is conformity to
the moral norms, there is created
spontaneous social response which may
be in the form of public pleasure,
approval or even joy." (see C. Pascual,
The Nature and Elements of Law,)
 Physical law." In the operation or course
of nature, there are uniformities of
actions and orders of sequence which are
the physical phenomena that we sense and
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feel. They are known as the laws of

physical science or physical law."
(Ibid., p. 19.) A law of physical
science, being addressed to objects which
have no power to disobey, is in reality
nothing more than an order or regularity
in nature by which certain results follow
certain causes. (Clark, Elementary Law,
p. 34.) In other words, this order or
regularity is called law only by analogy.
"Examples of physical law are many. The
more conspicuous ones are the law of
gravitation and the law of chemical
combination." (see C. Pascual, Legal
Method,)

 State law. The kind of law, however,

which particularly concerns us in this
work, is the state law or the law that is
promulgated and enforced by the state.
This law is also called positive law,
municipal law, civil law, or imperative
law. It is the law that we refer to when
we speak of law in connection with
obligations and contracts, marriage, the
administration of justice, the conduct of
elections, and the entire governmental
process itself. As a rule of action, only
state law is enforced by the state, with
the aid of its physical force, if ne-
cessary.
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Concepts of (state) law.

1 The term law may be understood in two

concepts: in the general or abstract
sense, and in the specific or material
sense.

2 In the first sense, the term refers to

all the laws taken together. It may be
defined as "the mass of obligatory
rules established for the purpose of
governing the relations of persons in
society."

3 In its specific sense, the term has

been defined as "a rule of conduct,
just, obligatory, promulgated by
legitimate authority, and of common
observance and benefit." (I Sanchez
Roman 3.) It has this second
connotation when we refer to a
particular statute or legal rule, e.g.,
the law on obligations and contracts.

Characteristics of law.

The characteristics of law (in its

specific sense) are:
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1 It is a rule of conduct. — Law tells us

what shall be done and what shall not
be done. As a rule of human conduct,
law takes cognizance of external acts
only;

2 It is obligatory. — Law is considered a

positive command imposing a duty to
obey and involving a sanction which
forces obedience;

3 It is promulgated by legitimate
authority. —In a democratic country,
like the Philippines, the legitimate or
competent authority is the legislature.
Under the Constitution, laws are
enacted by Congress which is the name
of the legislative branch of our
government; and

4 It is of common observance and benefit.

— Law is intended by man to serve man.
It regulates the relations of men to
maintain harmony in society and to make
order and co-existence possible. Law
must, therefore, be observed by all for
the benefit of all.

Sources of law.

The principal sources of law in the

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Philippines are the Constitution,

legislation, administrative rules and
regulations, judicial decisions, and
customs.
1 Constitution. — With particular
reference to the Constitution of the
Philippines, it may be defined as "the
written instrument by which the
fundamental powers of the government
are established, limited, and defined,
and by which these powers are
distributed among the several de-
partments for their safe and useful
exercise for the benefit of the
people-" (see Malcolm & Laurel, Phil.
Constitutional Law, 1936 ed., p. 6.)

2 Legislation. — It consists in the

declaration of legal rules by a
competent authority. (Salmond,
Jurisprudence, 9th ed., p. 209.) It is
the preponderant source of law in the
Philippines. Acts passed by the
legislature are so-called enacted law
or statute law. Legislation includes
ordinances enacted by local
governments.

3 Administrative or executive orders,

regulations, and rulings. — They are
those issued by administrative
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officials Linder legislative authority.

Administrative rules and regulations
are intended to clarify or explain the
law and carry into effect its general
provisions. Administrative acts are
valid only when they are not contrary
to the laws and Constitution. (Art. 7,
Civil Code.)

4 Judicial decisions or jurisprudence. —

The decisions of the courts,
particularly the Supreme Court,
applying or interpreting the laws or
the Constitution form part of the legal
system of the Philippines. (Art. 8,
Ibid.) The decisions of a superior
court on a point of law are binding on
all subordinate courts. This is called
the doctrine of precedent or stare
decisis. The Supreme Court, however,
may reverse or modify any of its
previous rulings. Until then, the
decisions of the Supreme Court applying
or interpreting the laws or the Con-
stitution are "laws" by their own right
because they declare what the laws say
or mean. Unlike rulings of the lower
courts, which bind the parties to
specific cases alone, its judgments are
applied to all. (Phil. Veterans
Affairs Office vs. Segundo, 164 SCRA
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365.)

5 Custom. — "It consists of those habits

and practices which through long and
uninterrupted usage have become
acknowledged and approved by society as
binding rules of conduct." It has the
force of law when recognized and
enforced by the state. (M.J. Gamboa,
op. cit., p. 15.) For instance, in a
contract for services rendered where no
definite compensation is stipulated,
the compensation to be paid may be
ascertained from customs and usages of
the place.

Classifications of law.

The methods for classifying law are

many. For our purposes, it would be best
to consider the main classifications of
law, first, as to its purpose, and second,
as to its nature.

a) As to its purpose:

 Substantive law or that portion of the

body of law creating and defining rights
and duties which may be either public or
private in character. An example of
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substantive private law is the law on

obligations and contracts; and

 Adjective law or that portion of the body

of law prescribing the manner or
procedure by which rights may be enforced
or their violations redressed. Sometimes
this is called remedial law or procedural
law. The provision of law which says that
actions for the recovery of real property
shall be filed with the Regional Trial
Court of the region where the property or
any part thereof lies, is an example of
private adjective law.

Rights and duties are useless unless

they can be enforced. It is not enough,
therefore, that the state regulates the
rights and duties of all who are subject
to the law; it must also provide legal
remedies by which substantive law may be
administered. Hence, the need for
adjective law. The adjective law in the
Philippines is governed by the Rules of
Court promulgated by the Supreme Court
and by special laws.

b) As to its subject matter:

 Public law or the body of legal rules

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which regulates the rights and duties

arising from the relationship of the
state to the people. An example of public
law is criminal law, the law which
defines crimes and provides for their
punishment. In legal theory, when a
person commits a crime, he violates not
only the right of the individual victim
but primarily that of the state because
the crime disturbs the peace and order of
the state. Also included are:
international law or that law which
governs the relations among nations or
states; constitutional law or that which
governs the relations between the state
and its citizens; it establishes the fun-
damental powers of the government;
administrative law or that which governs
the methods by which the functions of
administrative authorities are to be
performed; and criminal procedure or that
branch of private law which governs the
methods of trial and punishment in
criminal cases; and

 Private law or the body of rules which

relates the relations of individuals with
one another for purely private ends. The
law on obligations and contracts comes
under this heading because it deals with
the rights and obligations of the
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contracting parties only. The state,

however, is also involved in private law;
it enforces private law but simply as an
arbiter and not as a party. (see M.J.
Gamboa, op. cit.,)

Included in private law are civil

law, commercial or mercantile law, and
civil procedure. Civil procedure is that
branch of private law which provides for
the (mean by which private rights may be
enforced.

Conclusive Presumption of Knowledge of

Law.

1 Ignorance of law excuses no one from

compliance therewith. (Art. 3, Civil
Code.)

2 "Everyone, therefore, is conclusively

presumed to know the law." This
presumption is far from reality but it
has been established because of the
obligatory force of law.

The following reasons have been advanced

for this presumption:
a If laws will not be binding until they
are actually known, then social life
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will be impossible, because most laws

cannot be enforced due to their being
unknown to many;

b It is almost impossible to prove the

contrary when a person claims ignorance
of the law;
c It is absurd to absolve those who do
not know the law and increase the
obligations of those who know it; and

d In our conscience, we carry norms of

right and wrong, and a sense of duty,
so that our reason indicates many times
what we-have to do and in more
complicated juridical relations, there
are lawyers who should be consulted.
(A. Tolentino, op. cit., pp. 18-19.)

B. CRIME

Crime is defined as:

 An act committed or omitted in violation

of public laws for binding or commanding
it.

 An act or omission in violation of a

criminal law in its legal point.
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 An anti-social act; an act that is

injurious, detrimental or harmful to the
norms of society; they are the
unacceptable acts in its social
definition.

 Psychologically, crime is an act, which

is considered undesirable due to
behavioral maladjustment of the offender;
acts that are caused by maladaptive or
abnormal behaviors.

CRIME is also a generic name that

refers to offense, felony or misdemeanor.
Offense - is an act or omission that is
punishable by special laws ( a special law
is a statute enacted by Congress, penal in
character, which is not an amendment to
the Revised Penal Code) such as Republic
Acts, Presidential Decrees, Executive
Orders, Memorandum Circulars, Ordinances
and Rules and Regulations ( Reyes, 1960)
Felony - is an act or mission that is
punishable by the Revised Penal Code, the
criminal law in the Philippines (Reyes,
1960).
Misdemeanor - acts that are in
violation of simple rules and regulations
usually referring to acts committed by
minor offenders.
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Triad of Crime

The so called triad of crime consists of

desire, capability and opportunity. These
are the factors which led to the
commission of crime
1 Desire
2 Capability
3 Opportunity

Social Responses to the Crime Problem

1 Prevention
2 Rehabilitation
3 Control

Why are the amounts and kinds of Crimes in

the Philippines difficult to portray?

1 a lot of crimes are not reported to the

police

2 Not all crimes are reflected in the

records in the police crime registers.

3 Many crimes which are directly referred

to the prosecutors are recorded in the
police crime registers.

4 There is yet no earnest and persistent

effort on the part of the police or any
agency of the government for
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determining systematically the extent

of unreported crimes in the country.

Ways of combating a crime

1 To wage a massive information

dissemination campaign on crime
prevention
2 To strengthen law enforcement agencies
3 To formulate effective rehabilitation
program for the convicted offender.

Levels of Crime Prevention

1 Primary level — identification of
factors in the environment which
contributes to criminally deviant
behavior.
2 Secondary level- identification of
individual s or group of persons with
criminally deviant behavior.
3 Tertiary level- formulation of
rehabilitation measure to prevent
recidivism.

Criminological Classification Of Crime

 ACQUISITIVE CRIMES - when the offender

acquire something as a consequence of his
criminal act
 EXTINCTIVE CRIMES - when the end
results of criminal act is destruction
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 SEASONAL CRIMES - those who committed

only in a certain period of the year
 SITUATIONAL CRIMES – those committed only
when given the situation conductive to
its commission
 INSTANT CRIMES - those committed on the
short possible time
 EPISODICAL CRIMES - those committed by a
series of commission in lengthy space of
time
 STATIC CRIME - those committed only in
one place
 CONTINUING CRIME - those committed in
several places
 RATIONAL CRIMES - those who committed
with intention and offender is in full
possession of his mental faculties
 IRRATIONAL CRIMES - those who committed
by a person who does not know the nature
and quality of his act account of the
disease of the mind
 WHITE COLLAR CRIME - those committed by a
person in responsibility and upper socio
economic class in the course of their
occupational activities
 BLUE COLLAR CRIMES - those committed by
ordinary professional to maintain their
livelihood
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 Victimology, a branch of the study

of criminology which deals with the
victimization of crime which is
considered by political society as
any act or omission punishable by
law.

Criminological Classification
of Crime

1 As a result of a crime:
a ACQUISITIVE — offender acquires
something as a result or consequence
of a crime like theft.
b EXTINCTIVE- end result is destructive
like homicide.

2 Period of time committed:

a Seasonal crime — committed only during
a period of time like tax evasion
b Situational crime — committed only
when given a situation like theft
robbery.

3 As to length of time committed

a instant crime — committed in shortest
possible time like snatching
b Episodial — committed by series of
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acts in lengthy space of time like

KIDNAPPING.

4 Continuing - crime committed in several

places, like physical injuries resulting
to homicide in an automobile.

5 As to mental faculties

a Rational crime - with intention like

robbery, homicide
b Irrational crime - committed by one
who does not know the nature or
quality of his act on account of
disease of mind.

6 as to the type of offender:

a White collar crime - committed by

persons of responsibility in the
course of their occupational
activity, like plunder
b Blue collar crime - committed by
ordinary criminals to maintain their
livelihood like robbery.
C. The Criminal

On the basis of the definition of

crime, a criminal may be defined in three
ways:
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 A person who committed a crime and has

been convicted by a court of the
violation of a criminal law. (legal
definition)
 A person who violated a social norm or
one who did an anti-social act. (social
definition)
 A person who violated rules of conduct
due to behavioral maladjustment.
(psychological definition)

Criminological Classification of Criminals

1 Based on Etiology

 Acute Criminal is one who violates a

criminal law because of the impulse or
fit of passion. They commit passionate
crimes.

 Chronic Criminal is one who commits crime

acted in consonance of deliberated
thinking. He plans the crime ahead of
time. They are the targeted offenders.

2 Based on Behavioral System

 Ordinary Criminal is considered the

lowest form of criminal in a criminal
career. He doesn't stick to crime as a
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profession but rather pushed to commit

crimes due to great opportunity.

 Organized Criminal is one who associates

himself with other criminals to earn a
high degree of organization to enable
them to commit crimes easily without
being detected by authorities. They
commit organized crimes.

 Professional Criminal is a person who is

engaged in criminal activities with high
degree of skill. He is usually one who
practices crime as a profession to
maintain a living.

 Accidental Criminals are those who commit

crimes when the situation is conducive to
its commission.

 Habitual Criminals are those who continue

to commit crime because of deficiency of
intelligence and lack of self-control.

3 Based on Mental Attitudes

 Active Criminals are those who commit

crimes due to aggressiveness.

 Passive Inadequate Criminals are those

who commit crimes because they are pushed
to it by reward or promise.
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 Socialized Delinquents are criminals who

are normal in behavior but defective in
their socialization process or
development.

4 Based on Legal Classification

 Habitual Delinquent is a person who, with

in a period of ten years from the date of
his release or last conviction of the
crimes of serious or less serious
physical injuries, robbery, estafa, or
falsification, is found guilty of any of
the said crimes for a third time oftener.

 Recidivist – one who at the time of his

trial for one crime, shall have been
previously convicted by final judgment of
another crime embraced in the same title
of the RPC

 Quasi-Recidivism – any person who commit

a felony after having been convicted by
final judgment, before beginning to serve
such sentence, or while serving the same.

Classification of Criminal
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1 Acute Criminal- one who commits crime due

to fit of passion

2 Chronic Criminal- one who plans the

commission of crime ahead of time

3 Ordinary Criminal- lowest mammal in

criminal profession

4 Professional Criminal- engaged in

criminal activities with a high degree of
skill

5 Active Criminal- commits crime due to

aggressiveness

6 Passive Criminal- commits crime due to

reward or promise

7 Socialized Delinquent- one who lacks

proper moral values due to defective
socialization process.

8 Accidental Criminal- one who commits

crime when the situation is conducive

9 Habitual Criminal- one who commits crime

due to lack of self-control.

Types Of Organized Criminals

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1 POLITICAL - social organized crime

2 MERCENARY ORGANIZED CRIME - crimes

committed by group for direct personal
profit, but which profit upon unsmiling
victims, such as juvenile and adults gang
involve in robbery – akyat bahay, bukas
kotse, mafia

3 IN-GROUP ORIENTED ORGANIZED CRIME - this

group such a motorcycle gangs and some
adolescent gangs goals are psychological
gratification rather that financial
profit-Hell’s Angels

4 SYNDICATE CRIME - a continuing group or

organization that participate in activity
in any society by use of force,
intimidation or threats- Yakuza, Chinese
triad

5 PUBLIC ORDER CRIME - sometimes referred

to as “ crimes without crimes or” ‘
victimless crimes” or legist rated
morality refers to a number of activities
that is illegal due to the fact of they
offered public morality- prostitution ,
illegal gambling, drug abuse, drunkenness
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Classification Of Criminals According To

Etiology

 ACUTE CRIMINAL - person, who violates

criminal law because of the impulse of
the moment, fit of passion or anger or
spell of extreme jealousy.
 CHRONIC CRIMINALS - person who acted in
consonance with deliberate thinking such
as;
a neurotic criminals - person whose
action arises from intra-physics
conflict between the social and
antisocial components of his
personality, example is a kleptomaniac
b normal criminal - person whose psychic
organization resembles that of the
normal individual except that that he
identify himself with criminal
prototype
c Criminality - caused by an organic
pathological process.

Classification Of Criminals Base On

Behavioral System;

 ORDINARY CRIMINALS- the lowest form of

criminal career. They engage only the
conventional crimes which required
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limited skills. They lack organization to

avoid arrest and conviction
 ORGANIZED CRIMINALS- this criminal have a
high degree of degree to enable them to
commit crimes being detected and
committed to specialized activities which
can be operated in large scale business.
Force, violence, intimidation and bribery
to use gain and maintain control over
economic activities.

Classification Of Criminals Based On

Activities
1 PROFESSIONAL CRIMINALS - those person who
earn their living trough criminal
activities
2 ACCIDENTAL CRIMINALS - those who commit
criminal acts as a result of
unanticipated circumstances.
3 HABITUAL CRIMINALS - those who commit
criminal acts for such diverse reason due
to deficiency of intelligence and lack of
self control
4 HABITUAL SITUATIONAL CRIMINALS - those
who are actually not criminals but
constantly in trouble with legal
authorities because they commit
robberies, and embezzlement which are
intermixed with economic activities
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Classification Of Criminals Based On

Mental Attitudes

1 ACTIVE AGGRESSIVE CRIMINALS - those who

commit crimes in an impulsive manner
usually due to the aggressive behavior of
the offender, such attitudes is clearly
shown in crimes of passion, revenge or
resentment.
2 PASSIVE INADEQUATE CRIMINALS - those who
commit crimes because they are pushed to
it by inducement, reward or promise
without considering its consequences
3 SOCIAL DELINQUENT – those who are normal
in their behavior but merely defective in
their socialized process, this group
belong to the educated respectable
members of society who may turn criminal
on involved.

Classification Of Criminals (Other Types

Of Crimes)

1 CRIMES OF THE UPPER WORLD - those who

commit by people of the upper strata of
society
2 CRIME OF THE UNDERWORLD - those who
commit by the members of the lower under
privilege class of society.
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3 CRIMES BY PASSION - those committed by

the fit of passion, anger, anger,
jealousy hatred
4 CRIMES IMITATION - those committed and
the pattern of which is merely a
duplication of what was done by others
5 SERVICE CRIMES - those committed by
rendering some service or satisfying the
desire of someone
6 CRIMINAL WORLD - it is the social
organization of habitual and professional
criminals.
7 ORGANIZED CRIME - it characteristics:
a control in all crimes in given
geographical area or at least at
all crimes of certain types by a
small group similar to the board of
directors of a legitimate business
organization
b Standard method of conducting crimes
and rules of criminal conduct which
are eternally enforce among members
of organization. Secrecy discipline
in a crime commission.
c inclusion with the organization of
personnel who performs services not
essential to the commission of the
crime, but contribute to the
protection, such as lawyers, doctors
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and others such as keepers of hide

outs
d Careful planning of its crime to
achieve maximum success.

The 4 Types Of Organized Crimes

1 THE CRIMINAL GANG - is an intimate group

bound by ties, friends and loyalty that
tends to establish its own folkways and
mores, in opposition to those of
conventional society. The criminal gangs
always resort to the physical force in
perpetrating their crimes.

2 THE CRIMINAL SYNDICATES - Stable business

organization whose violence directed in
unwelcome confederation. The term
syndicate is a combination of capitalism
turn into for the purpose of prosecuting
illegal schemes, requiring large source
of capital and the subject is to obtain
control market of the particular
commodity.

3 RACKETEERS - a racket is an organized

method of existing money from that engage
e in illegitimate or legitimate
enterprises by the illegal means often
 P a g e | 33

accompanied by threats of infliction of

injury or destruction of property.

-oOo-
 P a g e | 34

Chapter 2
CONCEPT OF CRIMINAL JUSTICE
SYSTEM
Criminal Justice System Defined.

1. Criminal Justice System It is the

process of linking five components of the
system, namely: the law enforcement, the
prosecution, the court, the correction,
and the community, together as to achieve
an interrelated scheme of reciprocal
responsibility in the approach to
community development.

2. It is the machinery that the society

uses in the prevention and control of
crime. The five (5) parts of the CJS are
by no means independent of each other.
What each does and how it does has a
direct effects on the work of the others.

3. The study of criminal justice may be

defined as the use of the scientific
method to understand the administration,
procedures, and policies of those agencies
of government charged with enforcing the
law, adjudicating crime, and correcting
criminal conduct. The study of criminal
 P a g e | 35

justice involves analyzing how

these institutions influence human
behavior and how they are in turn
influenced by law and society.

4. The criminal justice system,

essentially is the system or process in
the community by which crimes are
investigated, and the person suspected
thereof is taken into the custody of the
police, prosecuted in court, and punished
if found guilty, provisions being made
for their correction and rehabilitation.

Objective of the Criminal Justice System

The main objective of the Criminal

Justice System is justice to all and
elimination of crime in the society. The
three – old purpose of the Criminal
Justice System are:

1 Removes dangerous people from the

community;
2 Deter others from doing criminal
behavior ; and,
3 Gives opportunity to transform
lawbreakers into law – abiding
citizens.
 P a g e | 36

Major Components of the CJS and their

functions

1 Law Enforcement – maintains order and

enforces the criminal law.
2 Prosecution – presents the government’s
case from the time of the defendants
arrest through conviction and
sentencing in the criminal court.
3 Courts – determine the guilt or
innocence of those offenders brought
before it and expect to convict and
sentence those found guilty of crimes
insuring that the innocent are freed
without any consequence or burden.
4 Corrections – ordinarily represent the
post – adjudicating care given to
offenders when a sentence is imposed by
the court and the offender is placed in
the hands of the correctional.
5 Community – participates in the
rehabilitation of the accused once he
is sent back to the society.

Characteristics of the Criminal Justice

System

Four important attributes characterize

the workings of the criminal justice
system: (1) discretion, (2) resource
 P a g e | 37

dependence, (3) sequential tasks, and (4)

filtering.

1 Discretion At all levels of the justice

process, officials exercise a high
degree of discretion—the ability to act
according to one's own judgment and
conscience. For example, police
officers decide how to handle a crime
situation, prosecutors decide what
charges to file against the accused,
judges decide how long a sentence will
be, and parole boards decide when an
offender should be released from
prison.

Two primary arguments are frequently

used to justify discretion in the
criminal justice system. First,
discretion is needed because the system
lacks the resources to treat every case
in the same fashion. If every violation
of the law were pursued through trial,
the costs would be staggering. Second,
many officials in the system believe
that their discretionary authority
permits them to achieve greater justice
than rigid rules would produce.

2 Resource Dependence. Criminal justice

agencies generally do not generate
 P a g e | 38

their own resources (operating funds,

staff, and equipment) but depend on
others for them. Therefore, criminal
justice actors (police, prosecutors,
judges ect.) frequently must cultivate
and maintain good relationships with
people responsible for the allocation
of resources—that is, the political
decision makers (legislators, mayors,
city council members, and so on).

Because the budgetary decision

makers are elected officials who seek
to please the public, criminal justice
officials must also maintain a positive
image and good relations with the
voters. If the police enjoy strong
public support, for example, then the
proper authorities will be reluctant to
reduce the law enforcement budget. In
maintaining positive public relations,
criminal justice officials inevitably
seek favorable coverage from local news
media. Since the media often provide a
crucial link between government
agencies and the public, criminal
justice officials may publicize notable
achievements while simultaneously
seeking to limit or control publicity
about controversial cases and
decisions.
 P a g e | 39

3 Sequential Tasks. Decisions in the

criminal justice system are made in a
particular sequence. The police must
make an arrest before defendants are
passed to the prosecutor, whose
decisions ultimately determine the
nature of the workload for courts and
corrections. Officials cannot achieve
their objectives by acting out of
sequence. For example, prosecutors and
judges cannot bypass the police by
making arrests on their own, and
corrections officials cannot punish
anyone who has not already passed
through the decision-making stages
administered by the police,
prosecution, and courts. Obviously, the
sequential nature of the system is a
key element in the exchange
relationships that characterize the
interactions of decision makers who
depend on each other to achieve their
respective goals. Thus, the system is
highly interdependent.
4 Filtering. The criminal justice system
may be viewed as a filtering process
through which cases are screened. At
each stage, some defendants are sent on
to the next stage of decision making
while others are either released or
 P a g e | 40

processed under changed conditions. It

should be noted that very few suspects
arrested by the police are prosecuted,
tried, and convicted. Some go free
because the police decide that a crime
has not been committed or that the
evidence is not sound. The prosecutor
may drop charges by deciding that
justice would be better served by
diverting the suspect to a substance
abuse clinic. Large numbers of
defendants will plead guilty, the judge
may dismiss charges against others, and
may acquit a few defendants. Most of
the offenders who are actually tried,
however, will be convicted. Thus, the
criminal justice system is often
described as a "funnel" into which many
cases enter but only a few result in
conviction and punishment.

Criminal Justice as a System

To achieve the goals of criminal

justice, many organizational sub-units
(police, prosecution, courts, corrections,
and community) have been developed. Each
of these organizations has its own
personnel, functions, and
responsibilities. The sub-systems have
their own goals and needs but are also
 P a g e | 41

interdependent. When one unit changes its

policies, practices, or resources, other
units will be affected. An increase in the
number of people arrested by the police on
criminal charges, for example, will affect
the work not only of the judicial sub-
system but also of the probation and
correctional sub-systems. For criminal
justice to achieve its goals each part
must make its own distinctive
contribution; each part must also have at
least minimal contact with at least one
other component of the system.

A key concept for analysis of the

relationships among individual decision
makers is exchange. In this context,
exchange refers to a mutual transfer of
resources among individual decision
makers, each of whom has interests and
goals that he or she cannot readily
accomplish alone. Therefore, each needs to
gain cooperation and assistance from other
actors by contributing to their interests
and goals. The concept of exchange allows
us to see interpersonal behavior as the
result of individual decisions about the
values and costs of alternative courses of
action.
The concepts of system and exchange are
 P a g e | 42

closely linked, and their value as tools

for the analysis of criminal justice
cannot be overemphasized. These concepts
can be used as the basis for an organizing
framework to describe individual actors
and to help us understand how the justice
process really works. However, several
additional characteristics of the criminal
justice system shape its composition and
functioning.

Criminal Justice as a Process

Another way of understanding criminal

justice is to view it as a process that
takes an offender through a series of
steps beginning with arrest and concluding
with re-entry into society. The emphasis
throughout the process is on the offender
and the various sequential stages, or
decision points, through which he or she
passes. At each of these, a determination
is made to assign the case to the next
stage of the system or to discharge the
suspect without further action. This de-
cision making is often a matter of
individual discretion, based upon a
variety of factors and perceptions. Legal
 P a g e | 43

factors, including the seriousness of the

charges, available evidence, and the
suspect's prior record, are usually
considered legitimate influences on
decision making.

In reality, few cases actually are

processed through the entire formal
justice system. Most are handled
informally and with dispatch. The system
of justice has been roundly criticized for
its "backroom deals" and bargain justice.
While informality and deal making are in
fact the rule, the concept of the formal
justice process is important because it
implies every criminal defendant charged
with a serious crime is entitled to the
full range of rights under law. The
kangaroo court and summary punishment are
elements of political systems that most
fear and despise. The fact that most
criminal suspects are actually treated
informally may be less important than the
fact that all criminal defendants are
entitled to a full range of legal rights
and constitutional protections.

Two Models of the Criminal Process

 P a g e | 44

Two models of the criminal process will

let us perceive the normative antimony at
the heart of the criminal law. These
models are not labeled Is and Ought, nor
are they to be taken in that sense.
Rather, they represent an attempt to
abstract two separate value systems that
compete for priority in the operation of
the criminal process. Neither is presented
as either corresponding to reality or
representing the ideal to the exclusion of
the other. The two models merely afford a
convenient way to talk about the operation
of a process whose day to-day functioning
involves a constant series of minute
adjustments between the competing demands
of two value systems and whose normative
future likewise involves a series of
resolutions of the tensions between
competing claims.

A. Crime Control Model

The value system that underlies the Crime

Control Model is based on the proposition
that the repression of criminal conduct is
by far the most important function to be
performed by the criminal process. The
failure of the law enforcement to bring
criminal conduct under tight control is
 P a g e | 45

viewed as leading to the breakdown of

public order and thence to the
disappearance of an important condition of
human freedom. If the laws go unenforced—
which is to say, if it is perceived that
there is a high percentage of failure to
apprehend and convict in the criminal
process—a general disregard for legal
controls tends to develop. The law-abiding
citizen then becomes the victim of all
sorts of unjustifiable invasions of his
interests. His security of person and
property is sharply diminished, and,
therefore, so is his liberty to function
as a member of society. The claim
ultimately is that the criminal process is
a positive guarantor of social freedom. In
order to achieve this high purpose, the
Crime Control Model requires that primary
attention be paid to the efficiency with
which the criminal process operates to
screen suspects, determine guilt, and
secure appropriate dispositions of persons
convicted of crime.

Efficiency of operation is not, of

course, a criterion that can be applied in
a vacuum. By "efficiency" we mean the
system's capacity to apprehend, try, con-
vict, and dispose of a high proportion of
criminal offenders whose offenses become
 P a g e | 46

known. In a society in which only the

grossest forms of antisocial behavior were
made criminal and in which the crime rate
was exceedingly low, the criminal process
might require the devotion of many more
man-hours of police, prosecutorial, and
judicial time per case than ours does, and
still operate with tolerable efficiency. A
society that was prepared to increase even
further the resources devoted to the
suppression of crime might cope with a
rising crime rate without sacrifice of
efficiency while continuing to maintain an
elaborate and time-consuming set of
criminal processes. However, neither of
these possible characteristics corresponds
with social reality in this country.

B. Due Process Model

If the Crime Control Model resembles as

an assembly line, the Due Process Model
looks very much like an obstacle course.
Each of its successive stages is designed
to present formidable impediments to
carrying the accused any further along in
the process. Its ideology is not the
converse of that underlying the Crime Con-
trol Model. It does not rest on the idea
that it is not socially desirable to
repress crime, although critics of its
 P a g e | 47

application have been known to claim so.

Its ideology is composed of a complex of
ideas, some of them based on judgments
about the efficacy of crime control
devices, others having to do with quite
different considerations. The ideology of
due process is far more deeply impressed
on the formal structure of the law than is
the ideology of crime control; yet an
accurate tracing of the strands that make
it up is strangely difficult. What follows
is only an attempt at an approximation.
The Due Process Model encounters its
rival on the Crime Control Model's own
ground in respect to the reliability of
fact-finding processes. The Crime Control
Model, as we have suggested, places heavy
reliance on the ability of investigative
and prosecutorial officers, acting in an
informal setting in which their
distinctive skills are given full sway, to
elicit and reconstruct a tolerably
accurate account of what actually took
place in an alleged criminal event. The
Due Process Model rejects this premise and
substitutes for it a view of informal,
non-adjudicative fact-finding that
stresses the possibility of error. People
are notoriously poor observers of
disturbing events—the more emotion-
arousing the context, the greater the
 P a g e | 48

possibility that recollection will be

incorrect; confessions and admissions by
persons in police custody may be induced
by physical or psychological coercion so
that the police end up hearing what the
suspect thinks they want to hear rather
than the truth; witnesses may be animated
by bias or interest that no one would
trouble to discover except one specially
charged with protecting the interests of
the accused (as the police are not).
Considerations of this kind will lead to a
rejection of informal fact-finding
processes as definitive of factual guilt
and to an insistence on formal,
adjudicative, adversary fact-finding
processes in which the factual case
against the accused is publicly heard by
an impartial tribunal and is evaluated
only after the accused has full
opportunity to discredit the case against
him. In the pure Due Process Model the
answer would be: at least as long as there
is an allegation of factual error that has
not received an adjudicative hearing in a
fact-finding context. The demand for
finality is thus very low in the Due
Process Model.

A comprehensive view of the formal

criminal process would normally include:
 P a g e | 49

1 Initial Contact. The initial contact

stage involves an act or incident that
makes a person the subject of interest
to the agencies of justice. In most
instances, initial contact is a result
of a police action while they are on
patrol; police officers observe a
person acting suspiciously and conclude
the suspect is under the influence of
drugs; police officers are contacted by
a victim who reports a robbery, and
they respond by going to the scene of
the crime; an informer tells police
about some ongoing criminal activity in
order to receive favorable treatment.

2 Investigation. The purpose of the

investigatory stage of the justice
process is to gather enough evidence to
identify, arrest, and bring the
offender to trial. An investigation can
take but a few minutes, as in the case
where a police officer sees a crime in
progress and is able to apprehend the
suspect within minutes or it can take
many months and involve hundreds of
police officers.

3 Arrest. Arrest is the taking of a

person into custody in order that he
 P a g e | 50

may be bound to answer for the

commissions of an offense.
A ARREST – HOW MADE: An arrest is made
by actual restraint of the person
arrested, or by his submission on
the custody of the person making the
arrest.
b Arrest by Virtue of a Warrant: It
shall be the duty of an officer to
whom the warrant of arrest is
delivered to the defendant and
without necessary delay take the
person arrested before the judge or
before some other person in
authority who issued the warrant as
directed therein.
c Method of Arrest by Officer by
Virtue of a Warrant: When making an
arrest by virtue of warrant, the
officer shall inform the person to
be arrested of the cause of the
arrest and of the fact that a
warrant has been issued for his
arrest, except when he flees or
forcibly resist before the officers
has opportunity so to inform him, or
when the giving of such information
will imperil the arrest. The officer
need not to have the warrant in his
possession at the time of the arrest
but after the arrest, if the person
 P a g e | 51

arrested so requires, the warrant

shall be shown to him as soon as
possible.
d Arrest Without warrant – When
lawful: A peace officer or a private
person may, without a warrant,
arrest a person:
I. When, in his presence the person
to be arrested has committed, is
actually committing or
attempting to commit an offense.
II. When an offense has in fact just
been committed and he has
personal knowledge of facts
indicating the person to be
arrested had committed it; and
III. When the person to be arrested
is a prisoner who has escaped
from a penal establishment or
place where he is serving final
judgment or temporarily confined
while his case is pending or has
escaped while being transferred
from one confinement to another.

4 Custody. The moment after an arrest is

made, the detained suspect is consid-
ered in police custody. At this
juncture (commonly called booking), the
police may wish to search the suspect
for weapons or contraband, interrogate
 P a g e | 52

him or her in order to gain more

information, find out if the person had
any accomplices, or even encourage the
suspect to confess to the crime. The
police may wish to enter the suspect's
home, car, or office to look for
further evidence.

5 Preliminary investigation. Preliminary

investigation is an inquiry or
proceeding to determine whether there
is sufficient ground to engender a
well-founded belief that a crime has
been committed and the respondent is
probably guilty thereof, and should be
held for trial. A preliminary
investigation 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 four (4) years, two (2) months
and one (1) day without regard to the
fine. An officer authorized to conduct
preliminary investigations are:

a Provincial or City Prosecutors and

their assistants;
b National and Regional State
Prosecutors; and
c Other officers as may be authorized
by law.
 P a g e | 53

6 Prosecution of Offenses/Charging. If
sufficient evidence exists to charge a
person with a crime, the case will, be
turned over to the prosecutor's office
for additional processing. If the case
involves a misdemeanor, the prosecutor
will file a charges document generally
called a complaint before the court
that will try the case. If the case
involves a felony, the prosecutor must
decide whether to bring the case
forward, depending on the procedures
used in the jurisdiction and the nature
of the crime. In either event, the
decision to charge the suspect with a
specific criminal act involves many
factors, including evidence
sufficiency, crime seriousness, case
pressure, and political issues.
Criminal actions shall be instituted as
follows:

a For offenses where preliminary

investigation is required by filing
the complaint with the office of the
provincial or city prosecutor and
their assistants, national and
regional state prosecutors; and,
b For all other offenses, by filing
the complaint or information
 P a g e | 54

directly with the Municipal Trial

Courts and Municipal Circuit Trial
Courts. In Manila and other
Chartered Cities, the complaint
should be filed with the office of
the prosecutor.

7 Arraignment. Before the trial begins,

the defendant will be arraigned or
brought before the court that will hear
the case. At the arraignment, the
formal charges will be read, the
defendant will be informed of his or
her constitutional rights (for example,
the right to be represented by legal
counsel). The accused must be arraigned
before the court where the complaint or
information was filed or assigned for
trial. 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. The
prosecution may call at the trial
witnesses other than those named in the
complaint or information. The accused
must be present at the arraignment and
must personally enter his plea.
 P a g e | 55

8 Bail/Detention. Bail is the security

given for the release of a person in
custody of the law, furnished by him or
a bondsman, to guarantee his appearance
before any court as required under the
conditions hereinafter specified. Bail
may be given in the form of corporate
surety, property bond, cash deposit, or
recognizance. Defendants who do not
show up for trial forfeit their bail.
Those people who cannot afford to put
up bail or who cannot borrow sufficient
funds for it will remain in state
custody prior to trial. In most
instances, this means an extended stay
in a county jail or house of
correction. Most jurisdictions allow
defendants awaiting trial to be
released on their own recognizance
(promise to the court), without bail,
if they are stable members of the
community and have committed nonviolent
crimes.

9 Plea Bargaining. Soon after an

arraignment, defense counsel will meet
with the prosecution to see if the case
can be brought to a conclusion without
a trial. In some instances, this can
involve filing the case while the
defendant participates in a community-
 P a g e | 56

based treatment program for substance

abuse or psychiatric care, for example.
Most commonly, the defense and prose-
cution will discuss a possible guilty
plea in exchange for reducing or
dropping some of the charges or
agreeing to a request for a more
lenient sentence. It is generally
accepted that almost 90 percent of all
cases end in a plea bargain, rather
than a criminal trial.

10 Adjudication. If an agreement cannot

be reached or if the prosecution does
not wish to arrange a negotiated
settlement of the case, a full-scale
inquiry into the facts of the case will
commence. The criminal trial is held
before a judge who will decide whether
the evidence against the defendant is
sufficient beyond a reasonable doubt.
The defendant may be found guilty or
not guilty as charged.

11 Disposition. If after a criminal

trial the accused has been found guilty
as charged, he or she will be returned
to court for sentencing. Possible
dispositions may include a fine,
probation, a period of incarceration in
a penal institution, or some
 P a g e | 57

combination of the above. In cases

involving first-degree murder, more
than thirty states and the federal
government allow the death penalty.
Dispositions are usually made after the
probation department conducts a pre-
sentence investigation that evaluates
the defendant and determines his or her
potential for successful rehabilitation
if given a period of community
supervision or whether he or she needs
secure confinement. Sentencing is a key
decision point in the criminal justice
system because in many jurisdictions,
judicial discretion can result in
people receiving vastly different
sentences though they have committed
the same crime.

12 Post-conviction Remedies. After

conviction and if the defendant
believes he or she was not treated
fairly by the justice system, he or she
may appeal the conviction before an
appellate court. An appeals court
reviews the procedures used during the
processing of the case. It considers
such questions as whether evidence was
used properly, whether the judge
conducted the trial in an approved
fashion, whether the jury was
 P a g e | 58

representative, and whether the

attorneys in the case acted
appropriately. If the court rules that
the appeal has merit, it can hold that
the defendant be given a new trial or,
in some instances, order his or her
outright release. Outright release can
be ordered when the state prosecuted
the case in violation of the double
jeopardy clause of the Constitution or
when it violated the defendant's right
to a speedy trial.

13 Correctional Treatment. After

sentencing, the offender is placed
within the jurisdiction of state or
federal correctional authorities. He or
she may serve a probationary term, be
placed in a community correctional
facility, serve a term in a county
jail, or be housed in a prison. During
this stage of the criminal justicel
process, the offender may be asked to
participate in rehabilitation programs
designed to help him or her make a
successful readjustment to society. He
or she may be forced to radically
adjust his or her personality and life-
style.
 P a g e | 59

14 Release. Upon completion of his or

her sentence and period of correction,
the offender will be free to return to
society. Release may be earned by
serving the maximum sentence given by
the court or through an early-release
mechanism,' such as parole or pardon.
Most inmates do not serve the full term
of their sentence. Offenders sentenced
to community supervision simply finish
their term and resume their lives in
the community.

15 Postrelease. After termination of

correctional treatment, the offender
will have to make a successful return
to the community. This adjustment is
usually aided by corrections department
staff members who attempt to counsel
the offender through the period of re-
entry into society. The offender may be
asked to spend some time in a community
correctional center, which acts as a
bridge between a secure treatment
facility and absolute freedom.
Offenders may find that their
conviction has cost them some personal
privileges, such as the right to hold
certain kinds of employment. These may
be returned by court order once the
offenders have proven their
 P a g e | 60

trustworthiness and willingness to

adjust to society' rules.
 P a g e | 61

Chapter 4
COMPONETS OF CRIMINAL JUSTICE
SYSTEM
A. The Police

Police departments are those public

agencies created to maintain order,
enforce the criminal law, provide
emergency services, keep traffic on
streets and highways moving freely, and
create a sense of community safety. The
system and process of criminal justice
depends on effective and efficient police
work, particularly when it comes to
preventing and detecting crime and
apprehending and arresting criminal
offenders. They cooperate with public
prosecutors to initiate investigations
into organized crime and drug trafficking;
They resolve neighborhood and family
conflicts; and they provide emergency
services, such as preserving civil order
during strikes and political
demonstrations.

Because of these expanded

responsibilities, the role of the police
officer has become more professional. The
 P a g e | 62

officer must not only be technically

competent to investigate crimes but also
be aware of the rules and procedures
associated with arrest, apprehension, and
investigation of criminal activity. The
police officer must be aware of the
factors involved in the causes of crime in
order to screen and divert offenders who
might be better handled by other, more
appropriate agencies. They must also be
part of community organizer, social
worker, family counselor, dispute
resolver, and emergency medical
technician.

The police officer's role is

established by the boundaries of the
criminal law. While the officer sets the
criminal justice system in motion by the
authority to arrest, and this authority is
vested in the law, it is neither final nor
absolute. The police officer's duty
requires discretion on numerous matters
dealing with a variety of situations,
victims, criminals, and citizens. The
officer must determine when an argument
becomes disorderly conduct or criminal
assault; whether it is appropriate to
arrest a juvenile or refer him or her to a
social agency; or when to assume that
probable cause exists to arrest a suspect
 P a g e | 63

for a crime. Former Chief Justice Warren

Burger stressed the importance of
individual decision making and discretion
when he stated:

The policeman (or woman) on the beat,

or in the patrol car, makes more decisions
and exercises broader discretion affecting
the daily lives of people every day and to
a greater extent, in many respects, than a
judge will ordinarily exercise in a week.
Police officers today are required to
exercise a great deal of individual dis-
cretion in deciding whether to arrest,
refer, or simply investigate a situation
further; their actions represent the
exercise of discretionary justice.

The Police or Law Enforcement as the Prime

Mover of the Criminal Justice System

1 Refers to the entire organizations of

law enforcement
2 The police those public agencies
created to maintain order, enforce the
criminal law, provide emergency
services, keep traffic on streets and
highways moving freely, and create a
sense of community safety. It consists
of patrolling to supervise conduct,
 P a g e | 64

investigating the identity of offenders

and/or recover stolen or missing
property, warning or arresting those
who are probably guilty of criminal
activities, and assisting in the
prosecution and trial of offenders. Its
goals are aimed towards the prevention
of crime and disorder, preservation of
peace and the protection of life,
properties and individual freedom.
3 The large number of government agencies
is involved in law enforcement. The
kind and degree of involvement vary
from general and specific law
enforcement to enforcing standards and
regulations pertaining to particular
government activities.
4 In the Philippines, the Philippine
National Police (PNP), under the
Department of Interior and Local
Government (DILG) and the National
Bureau of Investigation (NBI) under the
Department of Justice (DOJ) are the
spearhead of the law enforcement
function.

In addition to these government

offices, there are other agencies tasked
with the enforcing special law. Among
these are the following:
 P a g e | 65

1 Dangerous Drugs Board and Philippine

Drug Enforcement Agency
2 Bureau of Fisheries and Aquatic
Resources, under the Department of
Agriculture
3 Bureau of Immigration, under the
Department of Justice
4 Bureau of Customs, under the Department
of Finance
5 Bureau of Internal Revenue, under the
Department of Finance
6 Bureau of Forest Development under the
Department of Environment and Natural
Resources
7 Land Transportation Office, under the
Department of Transportation and
Communications.
8 Bureau of Food and Drugs, under the
Department of Health
9 Bureau of Product Standards, under the
Department of Trade and Industry
10 National Pollution Council

Philippine National Police – created by

Republic Act 6975

The PNP is mandated to exercise the

following functions:
a Enforce all laws and ordinances
relative to the protection of lives and
properties
 P a g e | 66

b Maintain peace and order and take all

necessary steps to ensure public safety
c Investigate and prevent crimes, effect
the arrest of criminal offenders, bring
offenders to justice and assist in
their prosecution.
d Exercise the general power to make
arrest, search and seizure in
accordance with the Constitution and
pertinent laws.
e Detain an arrested person for a period
not beyond what is prescribed by law,
informing the person so detained of all
rights under the Constitution.
f Issue licenses for the possession of
firearms and explosives in accordance
with law
g Supervise and control the training and
operations of security agencies and
issue license to operate security
agencies, and to security agencies, and
to security guards and private
detectives for the practice of their
profession and
h Perform such other duties and exercise
all other functions as my be provided
by law.

National Bureau of Investigation

The NBI had its origin in the Division

 P a g e | 67

of Investigation (DI) of the Department of

Justice. Its formation was included in the
provisions of Commonwealth Act No. 181,
dated November 1938. Responsible for its
conceptualization and creation of the
division were the late President Manuel
Luis Quezon. On June 19, 1947, Republic
Act no. 157 created the National Bureau of
Investigation. Its organization, functions
and objectives was patterned after the
FBI. It focuses on syndicate activities
and special investigations.

Two Components of the Police (based on the

Peel Principle)

1. Formal – consists of the PNP uniformed

personnel, NBI, LTO and other
government law enforcement agencies
(enumerated above). All PNP uniformed
personnel are call police officers,
whether commissioned officers (PCO’s)
or non – commissioned officers
(PNCO’s). They are being paid by the
government to render full – time
attention to police duties, which are
also the duties of every citizen.
2. Informal – is composed of the citizenry
or private sector. The citizens are
also part of the police who are doing
it on a part – time basis. As such,
 P a g e | 68

they are the police non – officers or

ordinary members, who are not paid by
the government. It is on this basis
that private individuals are vested
also with police authority to make
arrest based on the doctrine of
citizen’s arrest.

Distinction between Military from the

Police

1 Military is mission-oriented while the

police is service-oriented. A soldier
carries out the order of his superior
and think of accomplish the mission;
while the policeman considers the
community and populace. The military
is operated by team or unit, while the
police doctrine is executed even with
only one policeman as patrolman,
investigator, and pacifier or
prosecution witness.
2 Military Transcends external boundary
to protect the national security and
territorial integrity of the state
whole the police evolves within the
internal limits in the protection of
internal security.
3 Military is combatant and pursues the
Doctrine of Attack, Search and Destroy
using the Principle of Find, Fix, and
 P a g e | 69

Finish; while the Police follows the

Doctrine of Law Enforcement such as
public safety, crime prevention and
peace and order using the principles of
life and property preservation.
4 Military deals with the use of firearms
and armaments as the principal weapon;
while the Police deal with the
knowledge of law as the principal
weapon where the use of firearm is
possible only as the last recourse
(Rules of Engagement).
5 Military treats on the national power
of the state; while the police deal
with the police of state. A soldier
cannot easily become a law enforcer
because the knowledge of the law
requires study and research. But a
policeman can automatically become a
soldier at any time because the use of
firearm can easily be learned and
practice.
6 The Military deals on rigid reaction,
while the police deal on pro-action.
Under the time-honored principle
“Prevention is better than Cure”.
Foremost, the police is guided by the
Doctrine of regularity and the
Principle that law enforcement has no
boundary.
 P a g e | 70

Law Enforcement Code of Conduct

All law enforcement officers must be fully

aware of the ethical responsibilities of
their position and must strive constantly
to live up to the highest possible
standards of professional policing. The
International Association of Chiefs of
Police believes it important that police
officers have clear advice and counsel
available to assist them in performing
their duties consistent with these
standards, and has adopted the following
ethical mandates as guidelines to meet
these ends.

Primary Responsibilities of a Police

Officer

A police officer acts as an official

representative of government who is
required and trusted to work within the
law. The officer’s powers and duties are
conferred by statute. The fundamental
duties of a police officer include serving
the community, safeguarding lives and
property, protecting the innocent, keeping
the peace, and ensuring the rights of all
to liberty, equality, and justice.

Performance of the Duties of a Police

 P a g e | 71

Officer

A police officer shall perform all

duties impartially, without favor or
affection or ill will and without regard
to status, sex, race, religion, political
belief, or aspiration. All citizens will
be treated equally with courtesy,
consideration, and dignity. Officers will
never allow personal feelings,
animosities, or friendships to influence
official conduct. Laws will be enforced
appropriately and courteously and, in
carrying out their responsibilities,
officers will strive to obtain maximum
cooperation from the public. They will
conduct themselves in appearance and
department in such a manner as to inspire
confidence and respect for the position of
the public trust they hold.

Discretion

A police officer will use responsibly

the discretion vested in his position and
exercise it within the law. The principle
of reasonableness will guide the officer’s
determinations, and the officer will
consider all surrounding circumstances in
 P a g e | 72

determining whether any legal action shall

be taken. It is important to remember that
a timely word of advice rather than arrest
— which may be correct in appropriate
circumstances—can be a more effective
means of achieving a desired end.

Use of Force

A police officer will never employ

unnecessary force or violence and will use
only such force in the discharge of duty
as is reasonable in all circumstances. The
use of force should be used only with the
greatest restraint and only after
discussion, negotiation, and persuasion
have been found to be inappropriate or
ineffective. While the use of force is
occasionally unavoidable, every police
officer will refrain from unnecessary
infliction of pain or suffering and will
never engage in cruel, degrading, or
inhumane treatment of any person.

Confidentiality

Whatever a police officer sees, hears,

or learns of that is of a confidential
nature will be kept secret unless the
performance of duty or legal provision
requires otherwise. Members of the public
 P a g e | 73

have a right to security and privacy, and

information obtained about them must not
be improperly divulged.

Integrity

A police officer will not engage in

acts of corruption or bribery, nor will an
officer condone such acts by other police
officers. The public demands that the
integrity of police officers be above
reproach. Police officers must, therefore,
avoid any conduct that might compromise
integrity and thus undercut the public
confidence in a law enforcement agency.
Officers will refuse to accept any gifts,
presents, subscriptions, favors,
gratuities, or promises that could be
interpreted as seeking to cause the
officer to refrain from performing
official responsibilities honestly and
within the law. Police officers must not
receive private or special advantage from
their official status. Respect from the
public cannot be bought; it can only be
earned and cultivated.

Cooperation with Other Police Officers and

Agencies

Police officers will cooperate with all

 P a g e | 74

legally authorized agencies and their

representatives in the pursuit of justice.
An officer or agency may be on\e among
many organizations that may provide law
enforcement services to a jurisdiction. It
is imperative that a police officer
assists colleagues fully and completely
with respect and consideration at all
times.

Personal-Professional Capabilities

Police officers will be responsible for

their own standard of professional
performance and will take every reasonable
opportunity to enhance and improve their
level of knowledge and competence. Through
study and experience, a police officer can
acquire the high level of knowledge and
competence that is essential for the
efficient and effective performance of
duty. The acquisition of knowledge is a
never-ending process of personal and
professional development that should be
pursued constantly.

Private Life

Police officers will behave in a manner

that does not bring discredit to their
agencies or themselves. A police officer’s
 P a g e | 75

character and conduct while off duty must

always be exemplary, thus maintaining a
position of respect in the community in
which he or she lives and serves. The
officer’s personal behavior must be beyond
reproach.

Role of the Law Enforcement under the

Criminal Justice System

A. Investigation of Crime
An investigation is an examination, a
study, a survey and a research of facts
and/or circumstances, situations,
incidents and scenarios, either related or
not, for the purpose of rendering a
conclusion of proof. When one
investigates, he/she makes a systematic
inquiry, closely analyzes and inspects
while dissecting and scrutinizing
information. An investigation, therefore,
is based upon a complete and whole
evaluation and not conjecture, speculation
or supposition.
Criminal investigations are conducted
primarily for the prevention of crimes.
When crimes occur, Law Enforcement is
responsible to the community it serves and
 P a g e | 76

must discharge it’s duty by immediately

investigating such incidents. Ideally the
investigation will cause the violator to
appear before a court so as to answer for
his/her behavior. Ultimately and probably
most important, is that the investigation,
detection and apprehension of the
criminal, effectually serves to curtail
recidivism thereby reducing overall crime.
What does the investigator attempt to
obtain during his/her investigation? The
answer is information. What does the
investigator hope to develop as a result
of obtaining or gathering this
information? The answer is evidence. All
investigations, regardless of purpose,
involve the task of gathering and
evaluating information. The investigative
process should be viewed in terms of
gathering information, rather than
attempting to obtain evidence. This is not
to say that an investigator should
overlook obvious items of evidence or
items that can potentially become
evidentiary in nature. The process should
be conducted with the mindset that from
information comes evidence. It is
important to point out that the
information that forms the basis for
evidence that is ultimately presented
 P a g e | 77

during court proceedings represents only a

small fraction of the total information
gathered during the investigative process.
The information gathered is subjected to
intense scrutiny before it ever reaches a
courtroom via examination, evaluation and
screening
The word investigation derived from the
Latin word “INVESTIGATUS” or “INVESTIGARE”
which means to trace or track. Literally,
investigation means the act or process of
careful inquiry or research whether by
experiment or mathematical treatment. With
these, criminal investigation may be
defined as the process of carefully
examining or researching what transpired
in a criminal act. The following are the
objectives of criminal investigation:
1 to identify and locate the guilty
party, the offended party,
witnesses, and other facts ort
information that leads to a solution
of the criminal cases;
2 to trace, locate, and then apprehend
the guilty party; and
3 to provide evidence of the suspect’s
guilt.

TWO THEORIES TO PROTECT CITIZENS FROM

CRIMINAL ATTACKS
 P a g e | 78

A. Crime Prevention – the first line of

defense, manned by uniformed
policemen, performing patrol work on
foot, motor vehicles, motor boats,
bicycles or aircraft on a 24-hour duty
basis to prevent criminal element from
having an opportunity to commit
crimes.

B. Criminal Investigation – the second

line of defense wherein the vent a
crime is committed and the criminal
escapes from the first line (crime
prevention0, the second line of
defense is composed of investigators
who will take over by following-up the
case, identifying, detecting and
arresting the perpetrators.

INVESTIGATIVE THEORIES AND METHODS

I. Types of Investigations:
1. personal background: determine a
person’s suitability for
appointment to sensitive public
trust positions,
2. suspected violations of criminal
law
3. infractions of civil law
 P a g e | 79

4. vice: drug and organized crime

activity

II. Modes of Investigation:

1. REACTIVE RESPONSES – addresses
crime that have occurred, such as
murder, robbery and burglary;
investigators typically respond to
a crime, collect evidence an
interview witnesses, and identify
and arrest a suspected perpetrator
2. PROACTIVE RESPONSE – this
anticipates criminal activity, as
with many vice and organized crime
investigations; investigation
before the crime is committed, and
the suspect is identified before he
or she commits the crime.
3. PREVENTIVE RESPONSE – sometimes
achieved by arresting the criminal
and by aggressive prosecution.

CRIMINAL INVESTIGATION: ART OR SCIENCE?

Criminal Investigation is an art, as well

as a science which deals with the identity
and location of the offender then
providing his guilt through criminal
proceeding. Some authors like Tradio
stressed that is more like a science
because it is not governed by rigid rules
 P a g e | 80

or laws. Most often than not, it is

governed by intuition, felicity of
inspiration, and to a minor extent, by
chance or luck.

Criminal Investigation is a systematic

inquiry aimed at the identification and
apprehension of alleged law violators.
This premise stressed that criminal
investigation is more like a science than
an art because today, it primarily applies
scientific knowledge, principles and
methodologies in order to discover,
identify, collect and process facts and
pieces of evidence to promote criminal
justice. However, use of scientific method
must be supplemented by the investigator’s
initiative and resourcefulness in finding
solution of cases under investigation. The
sequence of investigation must follow
scientific operating framework that
requires imagination, improvisation, and
creativeness on the part of the
investigator.

As a Process, Criminal investigation

involves the systematic methods of
identifying, collecting, preserving, and
evaluating data or raw to produce valuable
information for the purpose of bringing a
criminal offender to justice. The
 P a g e | 81

investigator must also observe and

strictly adhere to the legal aspect of
investigation which includes: arresting,
searching, detaining and obtaining
testimonies from suspects.

There are 5 Functions of Criminal

Investigation:
a. recognition/identification
b. collection
c. preservation
d. evaluation
e. presentation

LEGAL PROCESS OF CRIMINAL INVESTIGATION

Any person under investigation for the

commission of an offense shall have the
right to be informed of his right to
remain silent and to have a competent and
an independent counsel preferably of his
own choice. If the person cannot afford
the services of a counsel, he must provide
with one. These rights cannot be waived
except in writing and in the presence of a
counsel (1987 Philippine Constitution). No
force, violence, threat, intimidation, nor
and means which vitiate the free will
shall be used against him. In Morales vs.
Juan Ponce Enrile –(GR # 61016-17; April
26, 1983; SCRA 538) The ruling in this
 P a g e | 82

case made it clear that the MIRANDA

WARNING, as it is generally called have to
be made so that a confession may be
admitted. Therefore, while upon police
custody for investigation, the accused
must be appraised of his right to:

a remain silent with explanation that

anything he might say may be used
against him in the court of law;
b talk to a lawyer, a relative or a
friend, and have lawyer \ready and
a friend present while he is being
questioned; and,
c appointment of a lawyer, if he
cannot afford one.

B. Effect the arrest of criminal offender

Definition of arrest

Application of actual force, manual

touching of the body, physical restraint
or formal declaration of arrest is not
required. Arrest includes submission to
the custody of the person making the
arrest.

Execution of warrant

1. The judge issues a warrant of arrest in

 P a g e | 83

2 instances:
 (1) Upon the filing of the information
by the prosecutor.
 In issuing this kind of warrant, the
judge does not personally examine the
complainant and the witnesses he may
produce, but he merely evaluates
personally the report and supporting
documents and other evidence adduced
during the preliminary investigation
and submitted to him by the
prosecutor, and if he finds probable
cause on the basis thereof he issues
the warrant for the arrest of the
accused.
 (2) Upon application of a peace
officer.
 In this kind of warrant, the judge
must personally examine the applicant
and the witnesses he may produce, to
find out whether there exists probable
cause, otherwise the warrant issued is
null and void. He must subject the
complainant and the witnesses to
searching questions. The reason for
this is there is yet no evidence on
record upon which he may determine the
existence of probable cause.

2. A warrant of arrest has no expiry date.

 P a g e | 84

It remains valid until arrest is effected

or the warrant is lifted.
 However, Sec. 4 of Rule 113 requires
the head of the office who applied for
warrant to execute the same within 10
days from receipt thereof and for the
arresting officer assigned to execute
the same to submit, within 10 days from
the expiration of the first 10-day
period, a report to the judge who
issued the warrant.

Arrest without warrant; when lawful

1. In a citizen’s arrest, the person may

be arrested and searched of his body and
of his personal effects or belongings, for
dangerous weapons or anything which may be
used as proof of the commission of an
offense, without need of a search warrant.

2. Sec. 5(a) refers to arrest in flagrante

delicto while Sec. 5(b) refers to hot
pursuit.

3. Sec. 5(b) authorizes warrantless arrest

“when an offense has in fact just been
committed.” The word “just” implies
immediacy in point of time.

4. Delivery of the detained person to the

 P a g e | 85

proper judicial authorities means the

filing of the complaint or information
with the municipal trial court or with the
inquest fiscal or prosecutor who shall
then decide either to order the release of
the detained person or to file the
corresponding information in court.

Method of arrest by officer without

warrant

1. Custodial investigation
 Involves any questioning initiated by
law enforcement officers after a person
has been taken into custody or
otherwise deprived of his freedom of
action in any significant way.
 It is only after investigation ceases
to be a general inquiry into an
unsolved crime and begins to focus on a
particular suspect, the suspect is
taken into custody, and the police
carries out a process of interrogations
that lends itself to eliciting
incriminating statements that the rule
begins to operate.
 Embraced in custodial investigation:
 invited for questioning
 re-enactment
 P a g e | 86

 Not embraced in custodial

investigation:
 police line-up
 ultraviolet ray examination
 normal audit examination by the COA
of the accountability of a public
officer

2. When the threat or promise was made by,

or in the presence of, a person in
authority, who has, OR is supposed by the
accused to have power or authority to
fulfill the threat or promise, the
confession of the accused is inadmissible.

3. Presumption of regularity in the

performance of duties:
 Does not apply during in-custody
investigation, nor can it prevail over
the constitutional right of the accused
to be presumed innocent.

4. The arresting officer may be held

civilly liable for damages under Art. 32
of the Civil Code. The very nature of
Art. 32 is that the wrong may be civil or
criminal. It is not necessary that there
should be malice or bad faith.

5. On Civil Procedure:
 P a g e | 87

 Section 20 Rule 14 of the 1997 Rules of

Civil Procedure provides in part that
the inclusion in a motion to dismiss of
other grounds aside from lack of
jurisdiction over the person of the
defendant shall not be deemed a
voluntary appearance. Section 8 Rule
15 provides that subject to the
provisions of Section 1 Rule 9, a
motion attacking a pleading, order,
judgment or proceeding shall include
all objections then available, and all
objections not so included shall be
deemed waived. These changes in the
1997 Rules of Civil Procedure are
applicable to criminal cases as Section
3 Rule 1 thereof provides that “these
rules shall govern the procedure to be
observed in actions, civil or criminal,
and special proceedings.” Moreover,
the omnibus motion rule applies to
motions to quash.

6. Section 26 of Rule 114 of the New Rules

of Criminal Procedure provides that bail
is not a bar to objection on illegal
arrest, lack of or irregular preliminary
investigation. This is an abandonment of
the Cojuangco, Jr. v. Sandiganbayan
ruling.
 P a g e | 88

B. Prosecution

After a criminal defendant has been

processed by police agencies and relevant
evidence has been gathered in the case,
the focus of justice shifts from the law
enforcement to the criminal prosecution
system.

This chapter explores the role of the

prosecutor and the defense attorney in the
criminal process. The prosecutor, to a
great extent, is the person who single-
handedly controls the "charging" decision.
To charge or not, and for what offense is
the prosecutor's great discretionary
authority. The defense attorney acts in
different capacity. Although defendants
have rights to defend themselves, most are
represented by a lawyer who is
knowledgeable about the criminal law. The
criminal lawyer has a legal obligation to
make every effort to provide a competent
and adequate defense.

Although the prosecutor participates

with the judge and defense attorney in the
adversary process, the prosecutor is
responsible for bringing the state's case
 P a g e | 89

against the accused. The prosecutor

focuses the power of the state on those
who disobey the law by charging them with
a crime, releasing them from prosecution
or eventually bringing them to trial.
Although the prosecutor's primary duty is
to enforce the criminal law, his or her
fundamental obligation as an attorney is
to seek justice as well as to convict
those who are guilty.

The Duties of the Prosecutor

The prosecutor is also the chief law

enforcement officer of a particular
jurisdiction. His or her participation
spans the entire gamut of the justice
system, from the time search and arrest
warrants are issued to the final
sentencing decision and appeal. General
duties, of a prosecutor include (1)
enforcing the law, (2) representing the
government, (3) maintaining proper
standards of conduct as an attorney and
court officer, (4) developing program, and
criminal justice reform, and (5) being a
public spokesperson for the field of law.
Of these, representing the government
while presenting the state's case to the
court is the prosecutor's most frequent
task. In this regard, the prosecutor does
 P a g e | 90

many of the following:

1 Investigates possible violations of the

law
2 Cooperates with police in investigating
a crime
3 Determines what the charge will be
4 Interviews witnesses in criminal cases
5 Reviews applications for arrest and
search warrants
6 Subpoenas witnesses
7 Represents the government in pretrial
hearings and in motion procedures
8 Enters into plea-bargaining
negotiations
9 Tries criminal cases
10 Recommends sentences to courts upon
convictions
11 Represents the government on appeals

Police and Prosecutorial Relationships

Police and prosecutorial relationships

vary from one jurisdiction to another and
often depend on whether the police agency
is supplying the charge or the district
attorney is investigating the matter. In
either case, the prosecutor is required to
maintain regular contact with the police
department to develop the criminal
prosecution properly. Some of the areas
 P a g e | 91

where the police officer and the

prosecutor work together include:

1 The police investigation reports. This

report is one of the most important
documents in the prosecutor's case
file. It is basically a statement by
the police of the details of the crime,
including all the evidence needed to
support each element of the offense. It
is a critical first step in developing
the government's case against a
suspect.
2 Providing legal advice. Often the
prosecutor advises the police officer
about the legal issues in a given case.
The prosecutor may also assist the
officer by limiting unnecessary court
appearances, informing the officer of
the disposition of the case, and
preparing the officer for pretrial
appearances.
3 Training police personnel. In many
jurisdictions, prosecutors help train
police officers in securing warrants,
making legal arrests, interrogating
persons in custody, and conducting
legal lineups. Some police departments
have police legal advisers who work
with the prosecutor in training new and
experienced police personnel in legal
 P a g e | 92

matters.

Analyzing Criminal Justice Issues

What Are the Most Common Reasons for

Rejection or Dismissal of a Criminal Case?
Many criminal cases are rejected or
dismissed because of:

1 Insufficient evidence that results from

a failure to find sufficient physical
evidence that links the defendant to
the offense. Witness problems that
arise, for example, when a witness
fails to appear, gives unclear or
inconsistent statements, is reluctant
to testify, or is unsure of the
identity of the offender or where a
prior relationship may exist between
the victim/witness and the offender.
2 The interests of justice, wherein the
prosecutor decides not to prosecute
certain types of offenses, particularly
those that violate the letter but not
the spirit of the law (for example,
offenses involving insignificant
amounts of property damage).
3 Due process problems that involve
violations of the constitutional
requirements for seizing evidence and
for questioning the accused. - A plea
 P a g e | 93

on another case, for example, when the

accused is charged in several cases and
the prosecutor agrees to drop one or
more of the cases in exchange for a
plea of guilty on another case.
Pretrial diversion, in which the
prosecutor and the court agree to drop
charges when the accused successfully
meets the conditions for diversion,
such as completion of a treatment
program. Referral for other
prosecution, such as when there are
other offenses, perhaps of a more
serious nature, in a different
jurisdiction, or deferral to federal
prosecution.

Prosecution Stage of Criminal Justice

System

THE PROSECUTION It is the process of

method whereby accusation is brought
before the court of justice to determine
the innocence or guilt of the accused.

A. Institution of Criminal Actions

1. For offenses which require preliminary

investigation:
 By filing the complaint with the proper
officer for preliminary investigation.
 P a g e | 94

 Refers to a complaint-affidavit, and

is different from the complaint
defined in Section 3 of Rule 110.
 These offenses are those where the
penalty prescribed by law is at least
4 years, 2 months and 1 day of
imprisonment without regard to the
fine.

2. For all other offenses, or for offenses

which are penalized by law with lower than
at least 4 years, 2 months and 1 day
without regard to the fine:
 Instituted directly with the MTC and
MCTC, or the complaint is filed 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.

3. Take Note: A complaint for offenses

cognizable by the RTC is NOT filed
directly with the RTC either for purposes
of preliminary investigation or for
commencement of the criminal prosecution.

4. The institution of the criminal action

interrupts the running of the period of
prescription of the offense charged
 P a g e | 95

 Unless: otherwise provided in special

laws.
 Act No. 3323 governs the prescriptive
periods of violations of special laws,
or offenses other than those penalized
under the Revised Penal Code.

5. The filing of a complaint for purposes

of preliminary investigation starts the
prosecution process.

The complaint or information

1. Requisites:
 in writing
 in the name of the People of the
Philippines
 Against all persons who appear to be
responsible for the offense involved.

2. Who is the real offended party? The

People of the Philippines, but since the
crime is also an outrage against the
offended party, he is entitled to
intervene in its prosecution in cases
where the civil action is impliedly
instituted therein.

Complaint
 P a g e | 96

1. Definition: 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.
2. The complaint as defined under Section
3 is different from the complaint filed
with the Prosecutor’s Office.

3. The complaint filed with the

Prosecutor’s Office, from which the latter
may initiate a preliminary investigation,
refers to:
 any written complaint
 filed by an offended party or not
 not necessarily under oath, except in 2
instances:
 complaint for commission of an offense
which cannot be prosecuted de officio
or is private in nature
 where the law requires that it is to
be started by a complaint sworn to by
the offended party, or when it
pertains to those which need to be
enforced by specified public officers.

4. Under the Rule on Summary Procedure:

 a complaint may be directly filed in
the MTC, provided that in Metro Manila
 P a g e | 97

and in chartered cities, the criminal

action may only be commenced by the
filing of information, which means by
the prosecutor, except when the offense
cannot be prosecuted de officio as in
private crimes.

Information

1. Definition: An accusation in writing a

person with an offense, subscribed by the
prosecutor and filed with the court.

2. How is Information different from a

Complaint? Unlike a complaint, which
requires that it be under oath and is
filed either in the MTC or with the
provincial/city prosecutor’s office, the
information does not have to be under oath
and is always filed in court. All that is
required is that it be subscribed or
signed by the fiscal or prosecutor, which
is an indispensable requirement.

Who must prosecute criminal actions

1. May a criminal prosecution be

restrained by injunction?
 General Rule: No.
 P a g e | 98

 Reason: Public interest requires that

criminal acts be immediately
investigated and prosecuted for the
protection of society.
 Exceptions:
 where injunction is justified by the
necessity to afford protection to
the constitutional rights of the
accused
 when necessary for the orderly
administration of justice or to
avoid oppression or multiplicity of
actions
 when there is a prejudicial question
which is sub judice
 when the acts of the officer are
without or in excess of authority
 where the prosecution is under an
invalid law, ordinance or regulation
 when double jeopardy is clearly
apparent
 where the court has no jurisdiction
over the offense
 where it is a case of persecution
rather than prosecution
 where the charges are manifestly
false and motivated by the lust for
vengeance
 when there is clearly no prima facie
case against the accused and the
 P a g e | 99

motion to quash on that ground has

been denied
 preliminary injunction has been
issued by the Supreme Court to
prevent the threatened unlawful
arrest of petitioners.

2. Prior to the filing of the information

in court, the prosecutor has full control
of the case. He decides who should be
charged in court and who should be
excluded from the information.
 However: His decision on the matter is
subject to review by:
 the Secretary of Justice who
exercises supervision and control
over his actions and who may
sustain, modify or set aside his
resolution on the matter
 in appropriate cases, by the courts
when he acts with grave abuse of
discretion amounting to lack of
jurisdiction.

3. Private Prosecutor Participation:

 May a public prosecutor allow a private
prosecutor to actively handle the
conduct of the trial? Yes, where the
civil action arising from the crime is
 P a g e | 100

deemed instituted in the criminal

action.
 Public Prosecutor must be present
during the proceedings and must take
over the conduct of the trial from the
private prosecutor at any time the
cause of the prosecution may be
adversely affected.
 Thus, where the prosecutor has
turned over the active conduct of
the trial to the private prosecutor
who presented testimonial evidence
even when the public prosecutor was
absent during the trial, the
evidence presented could not be
considered valid evidence of the
People.
 However: this rule applies only to
courts which are provided by law
with prosecutors, and not to
municipal courts which have no trial
prosecutors, in which case the
evidence presented by the private
prosecutor can be considered as
evidence for the People.

*However, under an amendment made by

the SC effective May 1, 2002, Rule 110
Section 5 now provides that “All criminal
actions either commenced by complaint or
 P a g e | 101

by information shall be prosecuted under

the direction and control of a public
prosecutor. In case of heavy work schedule
of the public prosecutor or in the event
of lack of public prosecutors, the private
prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the
Regional State Prosecutor to prosecute the
case subject to the approval of the court.
Once so authorized to prosecute the
criminal action, the private prosecutor
shall continue to prosecute the case up to
the end even in the absence of a public
prosecutor, unless the authority is
revoked or otherwise withdrawn."

4. General Rule: In appeals, the Sol. Gen.

has control. He may abandon or
discontinue the prosecution of the case in
the exercise of his sound discretion and
may even recommend the acquittal of an
accused when he believes that the evidence
does not warrant his conviction.
 Exception: provided for in RA 8249
which states in part that “in all cases
elevated to the Sandiganbayan and from
the SB to the SC, the Office of the
Ombudsman, through its special
prosecutor, shall represent the People
of the Philippines, except in cases
 P a g e | 102

filed pursuant to EO Nos. 1, 2, 14 and

14-A, issued in 1986.”

5. When it is said that the requirement of

Art. 344 of RPC is jurisdictional, what is
meant is that it is the complaint that
starts the prosecutory proceeding. It is
not the complaint which confers
jurisdiction on the court to try the case.

6. Once the complaint is filed, does death

of the complainant in a crime of adultery
extinguish the criminal liability of the
accused? No. The participation of the
offended party in private crimes is
essential not for the maintenance of the
criminal action but solely for the
initiation thereof. Any pardon given by
the complainant or her death after the
filing of the complaint would not deprive
the court of the jurisdiction to try the
case.

7. The desistance of complainant:

 Does not bar the People from
prosecuting the criminal action
 But: it does operate as a waiver of the
right to pursue civil indemnity.
 P a g e | 103

B. Conduct Preliminary Investigation

A preliminary investigation is required

to be conducted before the filing of a
complaint or information with the court
for an offensive where the penalty
prescribed by law is at least four (4)
years, tow (2) months and one (1) day
without regard to the fine.
Preliminary Investigation, It is an
inquiry or proceeding for the purpose of
determining whether there is sufficient
ground to engender as well – founded
belief that a crime has been committed and
that the respondent is probably guilty
thereof, and should be held for trial.

The following may conduct preliminary

investigation.

a Provincial or City prosecutors and

their assistant
b National and Regional State
Prosecutors
c Other officers authorized by law
such as Graft Investigator Officers
and Special Prosecution Officers of
the Officer of the Ombudsman.
 P a g e | 104

C. Inquest

Inquest is an informal summary

investigation conducted by a public
prosecutor in criminal cases involving
persons arrested and detained without the
benefit of a warrant of arrest issued by
the court for the purpose of determining
whether or not said persons should remain
under custody and correspondingly be
charged in court.

D. Arraignment,

It is the legal mechanism whereby an

accused is brought before the court
wherein the complaint/charge against him
is ready by the Clerk of the Court in the
presence of the prosecutor in which the
accused is to announce his plea. The
arraignment shall be made in open court,
reading the information in a language or
dialect knows to him, and asking him
whether he pleads guilty of not guilty.
When the refuses to plead or makes
conditional plea, a plea of not guilty
shall be entered for him. After
arraignment but before trail, the accused
may still be allowed to plead guilty to a
lesser offense after withdrawing his plea
 P a g e | 105

of not guilty. Plea guilty to a Lesser

Offense:

E. Plea Bargaining

It can be defined as the process of

discussion or negotiation of an agreement
between the prosecution and the defense
whereby the defendant pleads guilty to a
lesser offense or (in case of multiple
offenses) to one of more of the offenses
charged, in exchanged for more lenient
sentencing, recommendations, a specific
sentence, or a dismissal of other charges.
Supporters claim, plea bargaining speeds
court proceedings and guarantees a
conviction, opponents believe it prevents
justice from being served.

C. Court

The third component of our Criminal

Justice System is the COURT, situated
between Prosecution and correction. The
court is the centerpiece of the five (5)
components, as such, it performs perhaps
the most important role in the
administration of justice because it is
the court that everyone turns to for
justice. It is impossible for applying the
 P a g e | 106

criminal law against the defendants who

commit crimes, but at the same time
protecting the same violations from the
violation of their rights by the criminal
justice system.

A court is a body to which the public

administration of justice is delegated
being a tribunal officially assembled
under the authority of law at the
appropriate time and place for the
administration of justice. A time when, a
place where and persons by whom judicial
functions are to be exercised are
essential to complete court, in
contemplation of law.

Judge is a public officer so named in

his commission (written evidence of
appointment) and appointed to reside and
to administer the law in a court of
justice.

The criminal court is the setting in

which many of the most important decisions
in the criminal justice system are made:
bail, trial, plea negotiations, and
sentencing all involve court-made
decisions. Within the confines of the
court, those accused of crime (defendants)
call on tools of the legal system to
 P a g e | 107

provide them with a fair and just hearing,

with burden of proof resting on the state;
crime victims ask the government to
provide them with justice for the wrongs
done them and the injuries they have
suffered; agents of the criminal justice
system attempt to find solutions that
benefit the victim, the defendant, and
society in general. The court process is
designed to provide an open and impartial
forum for deciding the truth of the matter
and reaching, a solution which, though
punitive, is fairly arrived at and
satisfies the rule of law.

Regardless of the parties or issues

involved, the presence of these parties in
courtroom should guarantee them that a
hearing will be held and conducted under
fair, equitable, and regulated rules of
procedure, that the outcome of the hearing
will be clear, and that the hearing will
take place in an atmosphere of legal
competence and objectivity. If party, the
defendant or the prosecutor, feels that
these ground rules have been violated, he
or she may take the case to higher court,
where the procedures of the original trial
will be examined. if, on the
reexamination, it is found that criminal
procedure has been violated, the appellate
 P a g e | 108

court may deem the findings of the

original trial improper and either order a
news hearing or hold that some other
measure must be carried out—for example,
the court may dismiss the charge outright,

In this topic, the structure and

function of the court system will be
closely examined. Here, we set out the
structure of the court system and its
guiding hand, the judge.

In Criminal Justice System, the court is

looked upon as:

 The final arbiter for justice

 The front line of democracy, freedom
and human dignity
 The only institution capable of
identifying and maintaining the proper
balance between the conflicting rights
of the individual and those of the
state

Meaning of court

A court is an organ of government

belonging to the judicial department the
function of which is the application of
the laws to controversies brought before
it as well as the public administration of
 P a g e | 109

justice (Black's, 5th Edition, 356). A

court is called upon and authorized to
administer justice. Sometimes it refers to
the place where justice is administered
(20 Am Jur 2d, Courts, § 1, 1965; 21
C.J.S., Courts, § 1).

Basic Court System in the Philippines

A. FIRST LEVEL COURTS

At the first level are the Municipal

Trial Courts, Municipal Trial Court in
Cities, Municipal Circuit Trial Courts and
Metropolitan trial Courts. Courts of the
first level are essentially trial courts.
They try and decide only the particular
types or classes of cases specified by
law.
A Metropolitan Trial Court is created in
each Metropolitan area established by law.
A municipal Circuit Trial Court is
established in each area defined as a
municipal circuit comprising of two or
more cities and/or more municipalities
that are not comprised within a
metropolitan area and a municipal circuit.

B. SECOND LEVEL COURTS

At the second level are Regional Trial

 P a g e | 110

Courts (RTC’s). Like the first level

courts, RTC’s are also trial courts. They
are courts of general jurisdiction, they
try and decide not only the particular
classes or kinds of cases assigned to them
by the law, but also those are not
otherwise within the jurisdiction of
courts of first level.
RTC’s also exercise appellate
jurisdiction to review cases appealed from
lower courts.

a THIRD LEVEL COURTS

At the third level is the Court of

Appeals. It is essentially an Appellate
Court, reviewing cases appealed to it from
Regional Trial Courts. It may review
questions of fact or mixed questions of
fact or law.
Appeals to it as regards cases decided
by the RTC in the exercise of its
appellate jurisdiction are a matter of
discretion.

b FOURTH LEVEL COURTS

The Supreme Court, is the highest court

of the land. It is a review court. It is
the Court of the last resort, for no
appeals lies from its judgments and final
 P a g e | 111

orders. In the context of the Integrated

Judicial System, it exercises Appellate
Jurisdiction over cases decided by the
Court of Appeals or Regional Trial Courts.

Appeals in the Supreme Court are never

a matter of right. The only exception is
when the penalty of death, reclusion
Perpetua, or Life Imprisonment have been
imposed by the either RTC or CA; indeed,
when the death penalty is imposed, the
case automatically goes up to the Supreme
Court for review, even if the accused does
not appeal.

Constitutional and statutory courts

1. A constitutional court is one

created by a direct Constitutional
provision. Example of this Court is the
Supreme Court of the Philippines. It owes
its creation from the Constitution itself
(Sec. 1, Art. VIII, Constitution of the
Philippines). In the Philippines, only the
Supreme Court is a constitutional court.
2. A statutory court is one created by
a law other than the Constitution. All
courts in the Philippines except the
Supreme Court, are statutory courts. They
have been created by statutory enactments.
 P a g e | 112

The Sandiganbayan is not a

constitutionally created court. It was not
directly created by the Constitution but
was created by law pursuant to a
constitutional mandate. The 1973
Constitution required the then Batasang
Pambansa to create a special court to be
known as the Sandiganbayan (Sec. 5, Art.
XIII, 1973 Constitution) and its existence
continues to be recognized by the 1987
Constitution. While its existence is
mandated by the Constitution, its creation
was thru and by Presidential Decree No.
1486' 'issued by President Ferdinand E.
Marcos pursuant "to his legislative powers
under Amendment No. 6 of the 1973
Philippine Constitution.

Civil and criminal courts

1. Civil courts are those which

determine controversies between private
persons. Criminal courts are those which
adjudicate offenses alleged to have been
committed against the state (21 C.J.S.,
Courts, § 4).
2. Philippine courts exercise both civil
and criminal jurisdictions.
 P a g e | 113

JURISDICTION

Jurisdiction is the authority to hear

and the right to act in a case. It is the
power of the judges to administer justice,
that is, to try and decide the cases in
accordance with the laws.

In order for a court to have authority

to have a particular case, it must have
jurisdiction of the following:
1 The offense is one which he court
is by law authorized to take
cognizance thereof:
2 The offense is have been committed
within its territorial
jurisdiction.
3 The person charged with the offense
must have been brought into its
forum for trial, forcibly by virtue
of warrant of arrest or upon the
voluntary submission of the accused
to the jurisdiction of the court.

Test of Jurisdiction:

Criminal Cases; the test of

jurisdiction is the principal penalty.
Civil Cases: the basis of jurisdiction
is the amount claimed in the complaint.
 P a g e | 114

Superior and inferior courts

1. In the general sense, a court is

'superior or 'inferior' in relation to
another court. Hence, a Municipal Trial
Court is inferior to a Regional Trial
Court while the latter is inferior to the
Court of Appeals. All courts in the
Philippines are inferior to the Supreme
Court.
2. A superior court is one with
controlling authority over other courts,
and with an original jurisdiction of its
own. An inferior court is one which is
subordinate to other court the judgment of
which may be reviewed by a higher tribunal
(21 C.J.S., Courts, § 28).

JURISDICTION OF COURTS
A. Municipal/Metropolitan Trial
Courts/Municipal Circuit Trial Courts
1 All violations of City and Municipal
ordinances committed within their
respective territorial jurisdiction.
2 All offenses with imprisonment not
exceeding six (6) years regardless
of the amount of the fine.
3 Offenses involving damage to
property through criminal negligence
regardless of the amount involved.
 P a g e | 115

4 All offenses committed by public

officers and employees in relation
to their office, including those
employed in government-owned or
controlled corporations and by
private individuals charged as co-
principals, accomplices or
accessories punishable with not more
than six (6) years imprisonment,
where none of the accused occupy
positions classified as salary grade
“27” or higher and the penalty does
not exceed six (6) years.

B. REGIONAL TRIAL COURTS (RTC’s)

1 The Regional Trial Courts exercise

exclusive jurisdiction in all
criminal cases that are not within
the jurisdiction of any court
punishable with imprisonment
exceeding six (6) years regardless
of the amount of fine.
2 The RTC’s have exclusive appellate
jurisdiction in all cases decided by
the lower courts in their respective
territorial jurisdiction.

C. COURT OF APPEALS
 P a g e | 116

1 Original Jurisdiction to issue writs

of certiorari, prohibition,
mandamus, habeas corpus, quo
warrantor and auxiliary writs and
processes.
2 Exclusive appellate jurisdictions
over final judgments, resolutions or
orders of RTC’s.
3 Concurrent jurisdiction with the
Supreme court over petitions for
certiorari, prohibition or mandamus
filed against RTC’s, Civil Service
Commission, Court of Tax Appeals,
Central Board of Assessment Appeals,
Commission and other bodies.

D. SUPREME COURT

Review and revise, reverse, modify or

affirm on appeal or certiorari, final
judgments and decrees of courts in –
1 all cases in which the
constitutionality or validity on any
treaty, executive agreement, law,
ordinance or executive order of
regulation is in question.
2 All cases involving legality of any
tax import, assessment. Or toll or
any penalty imposed in relation
thereto;
 P a g e | 117

3 All cases in which the jurisdiction

of any inferior courts is in issue.
4 All criminal cases in which the
penalty imposed is reclusion
perpetua or higher.
All cases in which only an error
or question of law is involved.

Grant of Bail

1. Purpose:
 to honor the presumption of innocence
until his guilt is proven beyond
reasonable doubt
 to enable him to prepare his defense
without being subject to punishment
prior to conviction.

2. Upon assumption of the obligation of

bail, the sureties become in law the
jailers of their principal.

3. As bail is intended to obtain or secure

one’s provisional liberty, the same cannot
be posted before custody over him has been
acquired by the court.
 Rationale: it discourages and prevents
resort to the pernicious practice
whereby an accused could just send
 P a g e | 118

another in his stead to post his bail,

without recognizing the jurisdiction of
the court by his personal appearance
therein and compliance with the
requirements thereof.

Conditions of the bail; requirements

1. The surety’s liability covers all these

3 stages:
 trial
 promulgation
 the execution of the sentence.
Unless the court directs otherwise, the
bail bond posted by an accused remains in
force at all stages of the case until its
final determination.

2. If the accused presents his notice of

appeal, the trial court will order the
accused to be taken into custody in the
absence of a new bail bond on appeal duly
approved by the court. If the accused
does not appeal, the bondsman must produce
the accused on the 15th day from
promulgation of sentence for service of
sentence.

Bail, as a matter of right; exception

 P a g e | 119

1. When bail is a matter of right:

 before or after conviction by the MTC
 before conviction, for all offenses
punishable by lower than reclusion
perpetua
 prosecution does not have the right to
oppose or to present evidence for its
denial.

2. When bail is a matter of discretion:

 before conviction, in offenses
punishable by death, reclusion perpetua
or life imprisonment
 after conviction by the RTC of a non-
capital offense
 prosecution is entitled to present
evidence for its denial.

3. Right to bail may be waived.

4. Bail in court-martial offenses:

 The right to bail of an accused
military personnel triable by courts-
martial does not exist, as an
exception to the general rule that an
accused is entitled to bail except in
a capital offense where the evidence
of guilt is strong.
 Rationale: The unique structure of the
military justifies exempting military
 P a g e | 120

men from the constitutional coverage

on the right to bail.

5. Notice of hearing required:

 Whether bail is a matter of right or of
discretion, reasonable notice of
hearing is required to be given to the
prosecutor or fiscal or at least he
must be asked for his recommendation
because in fixing the amount of bail,
the judge is required to take into
account a number of factors such as the
applicant’s character and reputation,
forfeiture of other bonds or whether he
is a fugitive from justice.

6. Summary of the evidence for the

prosecution
 The court’s order granting or refusing
bail must contain a summary of the
evidence for the prosecution, otherwise
the order granting or denying bail may
be invalidated because the summary of
the evidence for the prosecution which
contains the judge’s evaluation of the
evidence may be considered as an aspect
of procedural due process for both the
prosecution and the defense.

7. It would be premature, not to say

 P a g e | 121

incongruous, to file a petition for bail

for someone whose freedom has yet to be
curtailed.

Bail, when discretionary

1. Not entitled to bail:

 An accused who has been convicted of an
offense which carries a penalty of more
than 20 years is not entitled to bail
during the pendency of his appeal.
 An accused who is convicted of a
capital offense is no longer entitled
to bail on appeal since his conviction
imports that the evidence of guilt is
strong.

2. Trial court may grant bail before

appeal is perfected
 Whether bail is a matter of right or
discretion, the trial court may grant
bail and approve the amount of the bail
bond before the accused has perfected
his appeal, appeal being perfected upon
filing of a written notice of appeal
and furnishing the adverse party copy
thereof.
 However if the decision of the trial
court convicting the accused changed
the nature of the offense from non-
 P a g e | 122

bailable to bailable, the application

for bail can only be filed with and
resolved by the appellate court.
 Even if there is no notice of appeal,
if the decision of the TC convicting
the accused changed the nature of the
offense from non-bailable to bailable,
the application for bail can only be
filed with and resolved by the
appellate court.

3. After appeal is perfected, the trial

court loses jurisdiction to grant bail and
to approve bail bond.
 However, the accused may apply for bail
or provisional liberty with the
appellate court.

Capital offense defined

The capital nature of an offense is

determined by the penalty prescribed by
law, and not by the penalty that may be
imposed after trial and on the basis of
the evidence adduced and the presence of
aggravating or mitigating circumstance.
 P a g e | 123

Capital offense or an offense punishable

by reclusion perpetua or life
imprisonment, not bailable

1. Distinction between life imprisonment

and reclusion perpetua, insofar as bail is
concerned, is not important.
 Why? because in both cases, the grant
of bail before conviction by the trial
court is a matter of discretion when
evidence of guilt is strong.

2. The constitutional mandate makes the

grant or denial of bail in capital
offenses hinge on the issue of whether or
not the evidence of guilt is strong.

3. Meaning of “conviction”
 The word “conviction” in Section 13,
Article III of the 1987 Constitution
refers to conviction by the trial
court, which has not become final, as
the accused still has the right to
appeal. After conviction by the trial
court, the accused convicted of a
capital offense is no longer entitled
to bail, and can only be released when
the conviction is reversed by the
appellate court.
 P a g e | 124

Burden of proof in bail application

1. “Evidence of guilt” in the Constitution

and the Rules refers to a finding of
innocence or culpability, regardless of
the modifying circumstances.

2. Regarding minors charged with a capital

offense:
 If the person charged with a capital
offense, such as murder, admittedly a
minor, which would entitle him, if
convicted, to a penalty next lower than
that prescribed by law, he is entitled
to bail regardless of whether the
evidence of guilt is strong. The
reason for this is that one who faces a
probable death sentence has a
particularly strong temptation to flee.
This reason does not hold where the
accused has been established without
objection to be minor who by law cannot
be sentenced to death.

3. Duty of judge to conduct hearing:

 Where the prosecution agrees with the
accused’s application for bail or
foregoes the introduction of evidence,
the court must nonetheless set the
application for hearing. It is
 P a g e | 125

mandatory for the judge to conduct a

hearing and ask searching and
clarificatory questions for the purpose
of determining the existence of strong
evidence against the accused; and the
order, after such hearing, should make
a finding that the evidence against the
accused is strong.

Corporate surety

The term of the bail bond is not dependent

upon faithful payment of the bond premium.

Justification of sureties

Before accepting a surety or bail bond,

the following requisites must be complied
with:
 photographs of the accused;
 affidavit of justification;
 clearance from the Supreme Court;
 certificate of compliance with Circular
No. 66 dated September 19, 1996;
 authority of the agent; and
 current certificate of authority issued
by the Insurance Commissioner with a
financial statement showing the maximum
underwriting capacity of the surety
company.
 P a g e | 126

Deposit of cash as bail

The trial judge has no authority to

strictly require that only cash bond,
instead of a surety bond, be deposited for
the provisional release of the accused.

Recognizance

1. The release of the accused may be on

his own recognizance, which means that he
has become his own jailer. It may be to a
responsible person. Persons charged with
offenses falling under the Rule on Summary
Procedure may be released either “on bail
or on recognizance of a responsible
citizen acceptable to the court.”

2. In Espiritu v. Jovellanos (280 SCRA

579, 1997), the Court held that the
release on recognizance of any person
under detention may be ordered only by a
court and only in the following cases:
 when the offense charged is for
violation of an ordinance, a light, or
a criminal offense, the imposable
penalty of which does not exceed 6
months imprisonment and/or P2000 fine,
under the circumstances provided in RA
No. 6036
 P a g e | 127

 where a person has been in custody for

a period equal to or more than the
minimum of the imposable principal
penalty, without application of the
Indeterminate Sentence Law or any
modifying circumstance, in which case
the court, in its discretion, may allow
his release on his own recognizance
 where the accused has applied for
probation, pending resolution of the
case but no bail was filed or the
accused is incapable of filing one
 in case of a youthful offender held for
physical and mental examination, trial,
or appeal, if he is unable to furnish
bail and under circumstances envisaged
in PD No. 603 as amended.

Bail, where filed

A judge presiding in one branch has no

power to grant bail to an accused who is
being tried in another branch presided by
another judge who is not absent or
unavailable, and his act of releasing him
on bail constitutes ignorance of law which
subjects him to disciplinary sanction.

Forfeiture of bail
 P a g e | 128

1. When bail bond forfeited:

 only in instances where the presence of
the accused is specifically required by
the court or the Rules of Court and,
despite due notice to the bondsmen to
produce him before the court on a given
date, the accused fails to appear in
person as so required.

2. To justify exemption from liability on

a bail bond or reduction thereof, two
requisites must be satisfied:
 production or surrender of the person
of the accused within 30 days from
notice of the order of the court to
produce the body of the accused or
giving reasons for its non-production
 satisfactory explanations for the non-
appearance of the accused when first
required by the trial court to appear.
 Compliance with the first requisite
without meeting the second requisite
will not justify non-forfeiture of a
bail bond or reduction of liability.

Arrest of accused out on bail

1. The bondsmen who put the bail bond for

the accused become the jailers and they or
the police officer to whom authority is
 P a g e | 129

endorsed may arrest the accused for the

purpose of surrendering him to the court.
The accused cannot leave the country
without the permission of the bondsmen and
the court.

2. Regarding hold-departure orders:

 Supreme Court Circular No. 39-97 dated
June 19, 1997 limits the authority to
issue hold departure orders to the RTCs
in criminal cases within their
exclusive jurisdiction. Consequently,
MTC judges have no authority to issue
hold-departure orders, following the
maxim, express mention implies the
exclusion. Neither does he have
authority to cancel one which he
issued.

No bail after final judgment; exception

General Rule: no bail shall be allowed

after the judgment has become final, as
what is left is for him to serve the
sentence.
 Exception: when he has applied for
probation before commencing to serve
sentence, the penalty and the offense
being within the purview of the
Probation Law.
 P a g e | 130

 Exception to the exception: the accused

shall not be allowed to be released on
bail after he has commenced to serve
his sentence.

Bail is not a bar to objections on illegal

arrest, lack of or irregular preliminary
investigation

Important: An application for admission to

bail shall not bar the accused from
challenging the validity of his arrest or
the legality of the warrant issued
therefore, or from assailing the
regularity or questioning the absence of a
preliminary investigation of the charge
against him, provided that he raises them
before entering his plea. The court shall
observe the matter as early as practicable
but not later than the start of the trial
of the case.

ARRAIGNMENT AND PLEA

Arraignment and plea; how made

1. Definition: Arraignment is the stage

where the issues are joined in criminal
action and without which the proceedings
cannot advance further or, if held, will
 P a g e | 131

otherwise be void.

2. No trial in absentia can be validly

held without first arraigning the accused,
and he cannot be arraigned without his
personal appearance in court.

3. Presence of offended party required

 The presence of the offended party is
now required at the arraignment and
also to discuss the matter of accused’s
civil liability. In case the offended
party fails to appear despite due
notice, the trial court may allow the
accused to plead guilty to a lower
offense with solely the conformity of
the trial prosecutor.

4. Accused under preventive detention

 While RA 8493, or the Speedy Trial Act,
provides that the accused shall be
arraigned within 30 days from the time
a court acquires jurisdiction over his
person, Rule 116 section 1(e) provides
for a shorter time within which an
accused who is under preventive
detention should be arraigned. When an
accused is detained, his case should be
raffled within 3 days from the filing
of the information or complaint against
 P a g e | 132

him, and the judge to whom his case is

raffled shall have him arraigned within
10 days from receipt by the judge of
the records of the case. The pre-trial
conference shall be held within 10 days
after the arraignment.

5. The arraignment shall be held within 30

days from the date the court acquires
jurisdiction over the person of the
accused, unless a shorter period is
provided by special law or by SC Circular.
 Certain laws and SC Circulars provide
for a shorter time within which the
accused should be arraigned:
 RA 4908 – in criminal cases where the
complainant is about to depart from
the Philippines with no definite date
of return, the accused should be
arraigned without delay and his trial
should commence within 3 days from the
arraignment and that no postponement
of the initial hearing should be
granted except on the ground of
illness on the part of the accused or
other grounds beyond the control of
the court.
 RA 7610 (Child Abuse Act) – the trial
shall be commenced within 3 days from
arraignment
 P a g e | 133

 Dangerous Drugs Law

 SC AO 104-96, i.e., heinous crimes,
violations of the Intellectual
Property Rights Law – these cases must
be tried continuously until terminated
within 60 days from commencement of
the trial and to be decided within 30
days from the submission of the case

Plea of guilty to a lesser offense

1. The new rule provides that the accused

may be allowed by the trial court to plead
guilty to a lesser offense which is
necessarily included in the offense
charged, and deleted the phrase,
“regardless of whether or not it is
necessarily included in the crime charged,
or is cognizable by a court of lesser
jurisdiction than the trial court.”
 It should be noted, however, that the
amendment did not say that an accused
may be allowed to plead to a lesser
offense only if the same is necessarily
included in the offense charged. The
provision employs the word “may,” which
is permissive and implies that the
court may still allow an accused to
plead guilty to a lesser offense, even
 P a g e | 134

if the latter is not included in the

offense charged.

2. Consent of offended party required:

 The consent of the offended party to
allowing the accused to plead guilty to
a lesser offense is necessary. It has
been held that if the plea of guilty to
a lesser offense is made without the
consent of the prosecutor and the
offended party, the conviction of the
accused shall not be a bar to another
prosecution for an offense which
necessarily includes the offense
charged in the former information.

3. Change of plea
 After the prosecution has rested its
case, a change of plea to a lesser
offense may be granted by the judge,
with the approval of the prosecutor and
the offended party and only when the
prosecution does not have sufficient
evidence to establish the guilt of the
crime charged. The judge cannot on its
own grant the change of plea.

Plea of guilty to capital offense;

reception of evidence
 P a g e | 135

1. An improvident plea means a plea

without proper information as to all the
circumstances affecting it; based upon a
mistaken assumption or misleading
information or advice.

2. Conviction in a capital offense cannot

rest alone on a plea of guilty, a free and
intelligent plea. It is mandatory for the
trial court to require the prosecution to
present its evidence and, if the accused
so desires, to allow him to submit his
evidence. This is so even if the accused
formally manifests that he waives
presentation of evidence by the
prosecution.

Plea of guilty to non-capital offense;

reception of evidence, discretionary

1. What a plea of guilty includes:

 The plea of guilty covers both the
crime as well as its attendant
circumstances alleged in the complaint
or information, qualifying and/or
aggravating the crime. Such plea
removes the necessity of presenting
further evidence and for all intents
and purposes the case is deemed tried
on its merits and submitted for
decision. It leaves the court with no
 P a g e | 136

alternative but to impose the penalty

prescribed by law.

2. Mitigating circumstances:
 The trial court may allow an accused to
plead guilty and at the same time allow
him to prove other mitigating
circumstances. However, if what the
accused would prove is an exempting
circumstance, which would amount to a
withdrawal of his plea of not guilty,
the trial court may not allow him to
take the witness stand.

3. If the accused is permitted to present

evidence after his plea of guilty to a
non-capital offense and such shows that
the accused is not guilty of the crime
charged, the accused must be acquitted,
for there is no rule which provides that
simply because the accused pleaded guilty
to the charge that his conviction
automatically follows. Additional
evidence independent of the plea may be
considered to convince the judge that it
was intelligently made.

Withdrawal of improvident plea of guilty

1. When it may be done:

 P a g e | 137

 at any time before the judgment of

conviction becomes final.

2. Effect:
 change of the accused’s plea from
guilty to that of not guilty is the
setting aside of the judgment of
conviction and the re-opening of the
case for new trial.

3. The withdrawal must at least have a

rational basis. The accused should state
that he has a meritorious defense to the
charge. The motion should be set for
hearing and the prosecution heard thereon.

Time for counsel de officio to prepare

Express demand:
 Counsel for the accused must expressly
demand the right to be given reasonable
time to consult with the accused. Only
when so demanded does denial thereof
constitute reversible error and a
ground for new trial.

STAGES IN COURT PROCEEDINGS

 P a g e | 138

In criminal case cognizable by the

Sandiganbayan, Regional Trial Court,
Metropolitan Trial Court and Municipal
Trial Courts, the court shall after
arraignment and within thirty (30) days
from the date the court acquires
jurisdiction over the person of the
accused, unless a shorter period is
provided for special laws or circulars of
the supreme Court, order a pre-trial
conference to consider the following:
a. plea bargaining
b. stipulation of facts
c. marking of evidences of the
parties
d. waiver of objections to
admissibility of evidence.
e. Modification of the order of the
trial if the accused admits the
charge but interposes a lawful
defense.
f. Such matters as will promote a
fair and expeditions trial of the
criminal and civil aspects of the
case.

TRIAL

Trial is the examination before a

competent tribunal, according to the laws
 P a g e | 139

of the land, of the facts put in issue in

a case, for the purpose of determining
such issue. The word trial as used in the
constitution includes hearing, reception
of evidence and other processes, such as
decision in the first instance, appeals,
and final and executory decision in the
final instance.

Order of Trial

(a) the prosecution shall present

evidence to prove the charge and in
the proper case, the civil liability
(b) the accused may present evidence
to prove his defense and damages, if
any, arising from the issuance of the
provisional remedy in the case.
(c) The prosecution and the defense
may, in that order, present rebuttal
evidence and sur-rebuttal evidence
unless the court, in furtherance of
justice, permits them to present
additional evidence bearing upon the
main issue.
(d) Upon admission of the evidence of
the parties, the case shall be deemed
submitted for decisions unless the
 P a g e | 140

court directs them to argue orally or

to submit written memoranda.
(e) When the accused admits the act
or omission charge din the complaint
or information but interposes a lawful
defense, the order of trial may be
modified.

1. Definition: Adjudication by the court

that the accused is guilty or not guilty
of the offense charged and the imposition
of the proper penalty and civil
liability, if any. It is a judicial act
which settles the issues, fixes the
rights and liabilities of the parties,
and determines the proceeding, and is
regarded as the sentence of the law
pronounced by the court on the action or
question before it.

2. Requisites:
a. Written in official language
b. Personally and directly prepared by
the judge
c. Signed by him
d. Contains clearly and distinctly a
statement of the facts and the law upon
which it is based
 A verbal order does not meet the
requisites. As such, it can be
rescinded without prejudicing the
 P a g e | 141

rights of the accused. It has no

legal force and effect.
 Article VIII, Section 14, par. 1 of
the Constitution requires that the
decisions of the court shall contain
the facts and the law on which they
are based. The rationale is that the
losing party is entitled to know why
he lost, so he may appeal to a higher
court.
3. The judge who penned the decision need
not be the one who heard the case. The
judge can rely on the transcript of
stenographic notes taken during the
trial.

Contents of Judgment

1. Legal qualification of the offense

constituted by the acts committed by the
accused, and the aggravating or
mitigating circumstances attending the
commission.
2. Participation of the accused in the
commission of the offense, whether as
principal, accomplice or accessory
3. The penalty imposed upon the accused
4. Civil liability or damages caused by
the wrongful act to be recovered from the
accused by the offended party, if there
is any, unless the enforcement of the
 P a g e | 142

civil liability by a separate civil

action has been reserved or waived.

Acquittal and Dismissal

1.Acquittal is a finding of not guilty

based on the merits, that is, the accused
is acquitted because the evidence does
not show that his guilt is beyond
reasonable doubt, or a dismissal of the
case after the prosecution has rested its
case and upon motion of the accused on
the ground that the evidence produced
fails to show beyond doubt that the
accused is guilty.

2.Acquittal vs. Dismissal

 Acquittal is always based on the merits
while in dismissal, there is
termination not on the merits and no
finding of guilt is made either because
the court is not a court of competent
jurisdiction, or the evidence does not
show that the offense was committed
within the territorial jurisdiction of
the court, or the complaint or
information is not valid or sufficient
in form and in substance.

3. Dismissal may amount to a acquittal:

 P a g e | 143

a. Here the dismissal is based on a

demurrer to evidence
b. Where the dismissal is based on the
denial of the right to a speedy trial

2. Acquittal of an accused based on

reasonable ground does not bar the
offended party from filing a separate
civil action based on a quasi-delict. In
fact, the court may hold an accused
civilly liable even when it acquits him.

Judgment for Two or More Offenses

 A complaint or information must charge

only one offense. However, if the
accused does not object to the duplicity
before he enters his plea, he is deemed
to have waived the defect. He may be
found guilty for as many offenses as
alleged in the complaint or information
as may have been duly proved.

Variance Between Allegation and Proof

1.General Rule: If the prosecution proves

an offense included in the offense
charged in the information, the accused
may be validly convicted of such offense
proved.
 P a g e | 144

2.Exception: The general rule does not

apply where facts supervened after the
filing of the information which changes
the nature of the offense.

3.An offense charged necessarily includes

the offense proved when some of the
essential elements or ingredients of the
former constitute the latter. An offense
charged is necessarily included in the
offense proved, when the essential
ingredients of the former constitute or
form part of those constituting the
latter.

Promulgation of Judgment

1. Definition: Promulgation of
judgment in criminal cases is the reading
of the judgment or sentence in the
presence of the accused and the judge of
the court who rendered it.

2. It is the filing of the

decision or judgment with the clerk of
court which gives it validity and binding
effect.

3. General Rule: Promulgation

should be made in the presence of the
 P a g e | 145

accused and the judge of the court who

rendered the decision.

4. Exception to the Mandatory

Presence of the Accused:
a. Where the conviction is for
a light offense, in which case the
accused may appear through counsel or
representative
5. If judgment is one of conviction and
the accused is absent without justifiable
cause, the court shall order his arrest
and he shall lose the remedies available
in the Rules against the judgment.
6. When the judge is absent or
outside the province or city, the
judgment may be promulgated by the clerk
of court.
7. A judgment promulgated at a
time when the judge who rendered and
signed it had ceased to hold office is
null and void.

Modification of Judgment

1. A judgment of conviction may be

modified or set aside before it becomes
final or before appeal is perfected.
 P a g e | 146

2. General Rule: A judgment becomes

final:
a. after the lapse of the period for
perfecting an appeal; or
b. when the sentence has been partially
or totally satisfied or served; or
c. when the accused has waived in
writing his right to appeal; or
d. accused has applied for probation.

3. Exception: When the Death Penalty is

imposed by the trial court, the SC
automatically reviews the decision.

Probation

1. The period to file an application for

probation is after the accused shall have
been convicted by the trial court and
within the period for perfecting an
appeal.

Probation is a mere privilege and is

revocable before final discharge of the
probationer by the court

D. Correction
 P a g e | 147

Correction is that branch of the

administration of criminal justice charge
with the responsibility for the custody,
supervision and rehabilitation of
convicted offender. It is a generic term
that includes all government agencies,
facilities, programs, procedures,
personnel, and techniques concerned with
the investigation, intake, custody,
confinement, supervision, or treatment of
alleged offenders. A person is committed
to prison to segregate him from society
and to rehabilitate him so that upon
his return to society he shall be a
responsible and law-abiding citizen (Sec.2
BC Operating Manual).
A correctional system, also known as
a penal system is refers to a network of
agencies that administer prisons and
community-based programs. This system is a
part of criminal justice system, which
additionally includes police,
prosecution, courts and community.
Correction is also the name of a field of
academic study concerned with the
theories, policies, and programs
pertaining to the practice of corrections.
Its object of study includes personnel
training and management as well as the
experiences of those on the other side of
 P a g e | 148

the fence. The terminology change in US

academia from "penology" to "corrections"
occurred in the 1950s and 1960s, and it
was driven by a new philosophy
emphasizing rehabilitation. It was
accompanied by concrete changes in some
prisons, like giving more privileges to
inmates, and attempting to instill a more
communal atmosphere. At least nominally,
most prisons became correctional
institutions, and guards became
correctional officers. Although the
corrections-related terminology continued
thereafter in US correctional practice,
the philosophical view on offenders'
treatment took an opposite turn in the
1980s, when the "get tough" program was
labeled by academics as "The New Penology"

Correction and rehabilitation.

Correction and rehabilitation is the basic
reason why offenders are kept in prisons
and jails. These involve the
implementation of programs or introduction
of interventions for offenders in order to
better prepare them to become productive
members of society upon their release from
prisons/jails. Specifically, correction
and rehabilitation for inmates include the
following:
 P a g e | 149

 Provision of opportunities to develop

proper work skills and acquire
education and training, which will
translate into economic self-
sufficiency upon release thereby
reducing recidivism;
 Engagement of inmates in meaningful
work assignments, particularly in
penal farms and other productive
labor, thereby helping to defray the
tax burden of their incarceration; and
 Provision of counseling, life skills
training, and spiritual guidance
services to give inmates opportunities
to take new directions in their lives

Restoration. This involves the process

of reformation and reintegration of
offenders in the society. An inmate may be
released upon his acquittal or grant of
bail through court decision or upon the
expiration of his sentence. The government
has also instituted several measures
providing for “early release” of
offenders, such as

 release on recognizance;
 full time credit, particularly of
preventive detention;
 P a g e | 150

 probation;
 parole
 pardon and executive clemency.

These interventions are also being

considered by the government as effective
jail decongestion measures

Correctional institution" and "state

correctional institution" defined.

Correctional Institution is referred to

a penal institution maintained by the
government either called as:
1 detention camp, detention
home, detention house, house of
detention - an institution where
juvenile offenders can be held
temporarily (usually under the
supervision of a juvenile court);

2 gaol, jail, jailhouse, pokey, poky, sla

mmer, clink - a correctional
institution used to detain persons who
are in the lawful custody of the
government (either accused persons
awaiting trial or convicted persons
serving a sentence)
 P a g e | 151

3 penal facility, penal institution - an

institution where persons are confined
for punishment and to protect the
public;

4 penitentiary, pen - a correctional

institution for those convicted of
major crimes prison, prison house - a
correctional institution where persons
are confined while on trial or for
punishment;

5 reform school, reformatory, training

school - correctional institution for
the detention and discipline and
training of young or first offenders.
Prison Defined
A penitentiary, an Institution for the
Imprisonment (Incarceration) of persons
convicted of major/serious crimes; A
building, usually with cells, or other
places established for the purpose of
taking safe custody or confinement of
criminals; A place of confinement for
those charged with or convicted of
offenses against the laws of the land.
Prisoner Defined
A prisoner is a person who is under the
custody of lawful authority; A person who
 P a g e | 152

by reason of his criminal sentence or by

any decision issued by a court, may be
deprived of his liberty or freedom; A
prisoner is any person detained/confined
in jail or prison for the commission of a
criminal offense or convicted and serving
in a penal institution; A person committed
to jail or prison by a competent authority
for any of the following reasons:
a to serve a sentence after
conviction;
b trial; and,
c investigation.

Agency of the Government that Implement

Both Systems Of Correction.
1 Department of Justice (DOJ), which
takes care of national prisoners;
2 Department of Interior and Local
Government (DILG), which takes care of
municipal, city and provincial
prisoners; and,
3 Department of Social Welfare and
Development (DSWD), which takes care
of, sentenced youth offenders.
Offices that are tasked to carry out the
mission of corrections under the
Department of Justice.
 P a g e | 153

Bureau of Corrections (BUCOR)

The principal task of the BUCOR is the
rehabilitation of national prisoners so
they can become useful members of society
upon completion of their service of
sentence. A national prisoner is one whose
maximum sentence is more than three (3)
years or a fine of more than five thousand
pesos, or regardless of the length of
sentence, to one sentenced for violation
of custom law or other laws under the
jurisdiction of the Bureau of Customs or
enforceable by it, or for violation of
immigration and election laws; or to one
sentenced to serve two (2) or more sen-
tences the total of which exceeds three
(3) years.

Board of Pardons and Parole (BPP)

The BPP recommends to the President
the prisoners who are qualified for
parole, pardon or other forms of
executive clemency.
The BPP, is specifically authorized by
law to grant parole to qualified
prisoners. It likewise recommends to the
President of the Philippines the grant of
executive clemency in the form of
reprieve, commutation of sentence,
 P a g e | 154

conditional pardon and absolute pardon

(http:/attylaserna.blogspot.com.html)

Parole and Probations Administration

(PPA).
The PPA, exercises general supervision
over all parolees and probationers and
promotes the correction and
rehabilitation of offenders outside the
prison institutions.
The PPA is a focal agency in the
restoration process as it is primarily
tasked to
administer the parole and probation system
of the country. It performs a dual role:
(1) it ensures that only deserving inmates
are granted parole, probation and pardon,
by providing the approving authorities
sufficient and factual information on the
qualifications of applicant-inmate; (2) it
ensures that inmates who are granted
parole, probation or pardon will abide by
the terms and conditions stipulated by the
approving authorities
(http:/attylaserna.blogspot.com/2008/09/pr
isons.html.

Offenders are categorized based on their

length of sentence
 P a g e | 155

1 National prisoners are also referred to

under the law as Insular prisoners.
They are those whose sentence is for
more than three years and are sent to
the BUCOR.
2 Those sentenced to six months and one
day up to three years of imprisonment
are categorized as provincial
prisoners and sent to serve in the
provincial jails having jurisdiction of
their sentence.
3 An offender sentenced up to six months
in prison is categorized as a municipal
prisoner and will serve time at the
jail of the municipality where the
offender is convicted.
4 Those who were convicted in city courts
and sentenced to a maximum of three
years will be sent to serve their time
in city jails. (In effect, city jails
are the same as a municipal and
provincial jail combined).
5 Sentenced youth offenders are sent to
Regional Rehabilitation Centers
operated by the DSWD.

The Goals of Criminal Punishment

Incarceration has remained the primary

 P a g e | 156

mode of punishment for serious offenses

since it was introduced early in the
nineteenth century. Ironically in our
high-tech society, some of the
institutions constructed soon after the
War are still in use today. In recent
times, prison as a method of punishment
has been supplemented by a sentence to
community supervision for less serious
offenders, while the death penalty is
reserved for those considered to be the
most serious and dangerous criminals.

When we hear about a notorious

criminal, some of us are gratified that a
truly evil person "got just what he
deserved"; many people feel safer because
a dangerous person is now "where he can't
harm any other innocent victims"; others
hope the punishment serves as a warning to
potential criminals that "everyone gets
caught in the end"; some of us may
actually feel sorry for the defendant—"she
got a raw deal, she needs help not
punishment"; still others hope that "when
he gets out, he'll have learned his
lesson"; and when an offender is forced to
pay a large fine, we say, "What goes
around comes around."

Each of these sentiments may be at work

 P a g e | 157

when criminal sentences are formulated.

After all, sentences are devised and
implemented by judges, many of whom are
elected officials and share the general
public's sentiments and fears. The
objectives of criminal sentencing today
can usually be grouped into six distinct
areas: general deterrence, incapacitation,
specific deterrence, retribution,
rehabilitation and restitution.

Deterrence

One consideration in sentencing is the

impact of punishment on the community. By
punishing an offender severely, the state
can demonstrate, its determination to
control crime and deter potential
offenders. Too lenient a sentence might
encourage criminal conduct; too severe a
sentence might reduce the system's ability
to dispense fair and impartial justice and
actually encourage criminality.
Maintaining a balance between fear and
justice is an ongoing quest in the justice
system.

Pursuing general deterrence reflects

faith in the Sentencing for the purposes
of general deterrence, then, has little to
do with the offender's own behavior and
 P a g e | 158

more to do with how the rest of society

perceives and reacts to the punishment.

Questions of justice and propriety

arise when punishment is designed to serve
as an example. It is fair to punish
someone solely to frighten others? For
example, executing a traitor may serve as
a warning to those who might consider
betraying their country to a foreign
power. The death sentence in this case
serves no other practical purpose beyond
deterrence: the damage has already been
done, and even if the spy were released,
he or she presents no future danger to
society (since the offender would never
again have access to any sensitive
material). Is it fair to execute someone
for no other reason than to influence and
deter others? Is it just to "take a life
to save a life"?

Sentencing for the purposes of

deterrence may be a case of wishful
thinking. Little clear-cut evidence exists
that severe punishments actually influence
criminal behavior trends." The violence
rate in the United States has increased at
the same time judges are employing longer
and more severe criminal punishments. More
evidence exists that shame and social
 P a g e | 159

rejection are actually greater crime

deterrents than the fear of legal
sanctions. 13 For example, research
conducted by Richard Hawkins and Kirk
Williams indicates that potential spouse
abusers are deterred when they fear
personal humiliation and loss of social
standing, not because they fear legal
punishment and incarceration.

Incapacitation

Sentencing judges consider whether the

offender is a risk to society and requires
a period of secure confinement.
Incapacitation is justified because
inmates will not be able to repeat their
criminal acts while they are under state
control. For some offenders, this means a
period in a high-security state prison
where behavior is strictly controlled.
Fixing sentence length involves
determining how long a particular offender
needs to be incarcerated to ensure that
society is protected.

Incapacitation strategies also depend

on a form of prediction: offenders are
confined to prevent additional
criminality. This means punishing people
not for what they have done but for what
 P a g e | 160

they may do in the future, something that

is impossible to accurately predict.

Specific Deterrence

Specific deterrence refers to the

ability of punishments to convince the
convicted that recidivism would not be in
their best interests. The theory is that
suffering an extended prison stay or
paying a large fine should inhibit future
law violations.

Judges have had difficulty formulating

sentences that are of sufficient length
and severity to act as a, specific
deterrent, yet do not preclude or
interfere with the offender's successful
rehabilitation and return to society." A
few research efforts have found that
punishment can have a significant specific
deterrent effect on future criminality.
However, these are not conclusive, and
punishment alone probably cannot convince
offenders never to repeat their illegal
acts. After all, more than 70 percent of
prison inmates have had prior convictions.

Retribution/Desert

Offenders are also punished because

 P a g e | 161

they deserve retribution for what they

have done; "the punishment should fit the
crime."" This approach is illustrated by
the extremely large fines and assessments.
Since these criminals benefited by reaping
millions in illicit profits, it seems fair
that they should have to return their
illegal gains—and then some—to society.

The just desert philosophy of

punishment holds that criminal sentences
should be proportional to the seriousness
of an offender's criminal act." Offenders
are punished for what they have already
done, not for what they may do in the
future (incapacitation) or for what others
may do unless they learn to fear pun-
ishment (deterrence).
Desert is based on equity; the
criminals profited from their misdeeds, so
now they must repay society to restore the
social balance. Desert-based sentencing
evaluates the weight of the criminal act,
not the needs of the offender or the
community. It demands that punishments be
equally and fairly distributed to all
people who commit similar illegal acts.
Determining just punishments can be
difficult because there is generally
little consensus about the treatment of
criminals, the seriousness of crimes, and
 P a g e | 162

the proper response to criminal acts.

Rehabilitation

How criminal offenders be effectively

treated so that they can eventually
readjust to society? Rehabilitation is
required, because in a sense, society has
failed the criminal offender, many of whom
have grown up in a disorganized
neighborhood and dysfunctional families.

In some cases, rehabilitation efforts

can be implemented in the community
thought the probation department. Even
serious criminals, including armed robbers
and rapists, may be eligible for
probationary sentences if they are not
considered risks to society. If the
gravity of the crime is great and the
offender considered dangerous or unstable,
rehabilitation takes place in a secure
environment under the auspices of state
correctional authorities. In this
instance, the judge will remand the con-
victed offender to a secure treatment
facility, such as a prison or jail, for
correctional treatment.

The rehabilitation aspect of sentencing

is also based on a prediction of the
 P a g e | 163

future needs of the offenders and not on

the gravity of their current offense. For
example, if a judge sentences a person
convicted of a felony to a period of com-
munity supervision, the judge believes
that the offender can be successfully
treated and presents no further threat to
society.

Recently, the rehabilitation aspect of

sentencing has come under increased
criticism from those advocating desert- or
deterrence -based sentences, yet surveys
indicate that the general public still
supports treatment efforts.

Restitution

In the early common law, wergild and

fines represented the concept of
restitution to both the victim and the
state. Today, judges continue to require
that offenders pay victims for their
losses.

Restitution means that convicted criminals

must pay back their victims for their
loss, the justice system for the costs of
processing their case, and society for any
disruption they may have caused. In a so-
 P a g e | 164

called victimless crime, such as drug

dealing, the social costs might include
the expense of drug enforcement efforts,
drug treatment centers, and care for
infants born to drug-addicted mothers. To
help defray these costs, convicted
offenders might be required to pay a fine,
forfeit the property they acquired through
illegal gain, do community service work,
make financial restitution to their
victim, and reimburse the state for the
costs of the criminal process.
Sentencing Strategies

When a convicted offender is sentenced,

the statutes of a jurisdiction provide the
possible penalties that may be imposed by
the court. Over the years, the states have
adopted a variety of sentencing approaches
usually defined by the legislature, which
has power over the content of the criminal
law. However, there is no single format
for criminal sentencing, and most state
codes can be categorized as falling into
one of three groupings (or combine
elements of all three): the legislative,
judicial, and administrative models.

In the legislatively fixed model, the

state legislature determines the penalty
for specific crimes, such as a minimum
 P a g e | 165

three-year prison term for a second drug

offense, and all people convicted of that
crime receive that sentence. Judicial
and/or administrative discretion is
severely reduced. Flexibility and
discretion in the system is shifted to the
law enforcement officers, who decide which
cases to investigate, and the prosecutor's
office, which determines the charge and
arranges plea negotiations to lesser
offense

In the judicially fixed model, the

legislature sets a general range of prison
sentences for a given crime, and the
sentencing judge then determines a
sentence within that range. For example,
the legislature creates a sentence of no
less than one year but no more than ten
years for a robbery, and the judge
determines the sentence in each case
somewhere between these ranges, for
example, five years for a particular
robber, seven for another. The sentence
cannot be increased or reduced by any
other state authority. Discretion is
vested with the sentencing judge within
the range authoriz4by the legislature.

In the administrative Model,

legislature creates an extremely wide
 P a g e | 166

range of sentences for a particular crime,

for example, from one to fifty years for
robbery. The sentencing judge must or may
impose this sentence. The actual duration
of the sentence is controlled by an
administrative agency that monitors the
offenders while they serve their prison
sentence. For example, a judge sentence a
person for robbery to a prison term of not
less than two years nor more than twenty-
five; after serving twenty-two months, the
offender is released on parole. In this
model, control over criminal punishment is
for all practical purposes in the hands of
correctional administrative authorities,
the parole board.

Regardless of which model is used, most

sentencing schemes give the judge some
discretion to impose a particular type of
sentence. Based on his or her discretion,
the judge can order a first time
nonviolent offender to serve a relatively
long prison sentence or sentence them to a
term of probation only. When an offender
is convicted on two or more charges, the
judge also determines how these sentences
are to be served. If the convicted
offender is given a concurrent sentence,
the sentence is completed after the
longest term has been served.
 P a g e | 167

THE TREATMENT PROGRAMS

The Philippine Prison System adopted

two approaches in treating criminal
offenders. These are the Institution-Based
Treatment Programs and the Community-Based
Treatment programs. These programs aimed
towards the improvement of offenders
attitude and philosophy of life, the main
goal being ultimate rehabilitation of
offenders by changing inmates attitude.

A. Prison Education

Prison Education is the cornerstone of

rehabilitation. It is the process or
result of formal training in school or
classrooms intended to shape the mind and
attitude of prisoners towards good living
upon their release. The first legal
recognition of education in prison was in
1847, New York Reformatory.

 Objective of Prison Education:

1 To return the prisoner to society with

a more wholesome attitude towards
living,
 P a g e | 168

2 To conduct themselves as good

citizens.
3 To give them knowledge and develop
their skills to maintain themselves
and their dependents through honest
labor.

 Classes of Prison Education

1. General and Academic Education

The objective of which is to
eradicate literacy among prisoners.
This could be the best contribution
of correctional system can offer to
society.
2. Vocational Education
Institutional maintenance works and
industrial projects. The purpose of
which is to provide prisoners
necessary skills for successful
works in a socially acceptable
occupation after release.
Courses may include Radio Mechanics,
Auto Mechanics,
Horticulture,Shoemaking, Tailoring,
Carpentry, Electronics, etc.
3. Physical Education – designed for
those who have physical disabilities.
4. Work Programs – these are programs
conducive to change behavior in morale
by training prisoners for a useful
 P a g e | 169

education. It is purposely to
eliminate idleness on the part of
prisoners, which may contribute to
“Prison stupor”, and it affects the
incidence of Prison riot.

B. Prison Work Programs

 Educational Assignments – prisoners’

maybe assigned to general education,
vocation or physical education.
 Maintenance Assignment – this
assignment involves labor related to
care and up keeping of the institution
properties.
 Agricultural & Industrial Assignments
 Unassignable – Prisoners who are
nearly to leave the institution,
awaiting, transfer, those in
disciplinary status, and those who are
chronically ill with mental
disabilities are considered
unassignable prisoners.
 Female prisoners shall be assigned to
work on jobs suitable to their age,
sex and physical conditions. Prisoners
over 60 years of age may be excused
from hard work.
 Religious Services in Prison - The
purpose of this program is to change
 P a g e | 170

the attitudes of inmates by

inculcating religious values or
belief.

C. Medical and Health Services Medical

and Health services

Medical and Health Services Medical

and Health services:
1. Mental and physical examination
2. Diagnosis and treatment
3. Immunization
4. Sanitary inspections
5. Participation in training

D. Counseling and Casework

Objectives of Counseling:

a Immediate solution of specific

personal problems,
b Help inmates to increase self-
understanding.

Objectives of Casework:

1 To obtain clear description of

social history,
2 Solving immediate problems
involving family problems or other
personal relationship,
 P a g e | 171

3 Assist inmates towards acceptable

solutions,
4 Support inmates, who are nearly
release by giving them guidance or
information,
5 Professional assistance to
offenders or probation or parole

The Bureau of Corrections

The Bureau of Corrections is an agency

of the Department of Justice which is
charged with the custody and
rehabilitation of national offenders, who
have been sentenced to three years
of imprisonment or more. The agency has
its headquarters in the New Bilibid
Prison Reservation in Muntinlupa City
(http://en.wikipedia.org/wiki/Corrections)
The Bureau of Corrections (BuCor) is an
integral bureau of the DOJ mandated to
carry out the institutional rehabilitation
program of the government for national
offenders, or those who are sentenced to
more than three years of imprisonment, and
to ensure their safe custody. BuCor
maintains 7 national penitentiaries with a
total prison population of 25,002.
National penitentiaries, having an overall
 P a g e | 172

capacity of 19,600 inmates, are congested

by 28%. Congestion problem is more glaring
in the New Bilibid Prison which maintains
65% of the total prison
population(http://attylaserna.blogspot.com
/2008/09/prisons.html).

The Organization
The Bureau of Corrections is headed by
Director Franklin Jesus Bucayu. It has a
2,862 employees, 61% of whom
are custodial officers, 33% are
administrative personnel and 6% are
members of the medical staff

Mission
To maximize the assets' value of the
BuCor to effectively pursue its
responsibility in safely securing
transforming national prisoners through
responsive rehabilitation programs managed
by professional Correctional Officers.

Mandate
The Principal task of the Bureau of
Corrections is the rehabilitation of
National Prisoners. The Bureau carries out
 P a g e | 173

the following task to carry out its

mandate:

 Confine persons convicted by the

courts to serve a sentence in national
prisons.
 Keep prisoners from committing crimes
while in custody.
 Provide humane treatment by supplying
the inmates' basic needs and
implementing a variety of
rehabilitation programs designed to
change their pattern of criminal or
anti-social behavior.
 Engage in agro-industrial projects for
the purpose of developing prison lands
and resources into productive bases or
profit centers, developing and
employing inmate manpower skills and
labor, providing prisoners with a
source of income and augmenting the
Bureau's yearly appropriations.

The Old Bilibid Prison, built in Manila

in 1847, was the primary correctional
facility in the country before 1900. It
was formally opened through a Spanish
Royal Decree in 1865. When the Old Bilibid
was moved from Manila to Muntinlupa in
1936, it was "renamed" the New Bilibid
Prison.
 P a g e | 174

The first Bilibid Prison was

constructed and became the central place
of confinement for Filipino Prisoners by
virtue of the Royal decree of the Spanish
crown. In 1936, the City of Manila
exchanges its Muntinlupa property with the
Bureau of Prisons originally intended as a
site for boy’s training school. Today, the
old Bilibid Prison is now being used as
the Manila City Jail, famous as the “May
Halique Estate”.
The New Bilibid Prison (NBP) is one of
seven major facilities handled by the
Bureau of Corrections (BuCor), an agency
under the Department of Justice. Bilibid,
as it is more popularly referred to, is
located in Muntinlupa City. It is one of
the main stations for male offenders from
different parts of the Philippines.
The other 6 facilities under BuCor
1 Correctional Institution for Women
The Correctional Institution for Women
(CIW) is one of seven major facilities
handled by the Bureau of Corrections
(BuCor), an agency under the Department of
Justice. Located in Mandaluyong City, CIW
is one of the main stations for female
offenders in the Philippines. It is the
smallest but the most overcrowded
 P a g e | 175

correctional institution in the country,

its 500 inmate-capacity reaching 951 (90%
congestion rate) in 2001.
2 The Iwahig Prison and Penal Farm
The Iwahig Prison and Penal Farm is one
of the most popular prisons in the
Philippines. It was established in 1902 by
the United States for the Filipino
prisoners who had fought with the American
during their colonization in the
Philippines. The Iwahig Prison and Penal
Farm is located at Baranggay Iwahig,
Palawan and is 30 minute ride from the
province's capital, Puerto Princesa.
Unlike most prisons and other penal
institutions, the convicted prisoners
(specifically the minimum security
prisoners) in the Iwahig are not locked up
within what they call as the "colony".
Only those who are deemed to be "medium or
maximum security prisoners are given
tighter monitoring. In the Iwahig Prison
and Penal Farm, minimum security prisoners
get to be involved in agricultural work
and live in dormitories. Another feature
of this colony is that families of the
prisoners can live and stay with them.
These family members can also work at
Iwahig vast land area and at some shops
selling handicrafts to earn a living. The
 P a g e | 176

Iwahig Prison and penal Farm colony

encompasses a 37-hectare picturesque farm.
With coconut, palm trees, rice, and other
crops planted and cultivated by the
prisoners and their families.
3 The Sablayan Prison and Penal Farm
The Sablayan Prison and Penal Farm is
situated in Occidental Mindoro,
Philippines. It was established on
September 26, 1954. Sprawled on a 16,190
hectare land area, the Sablayan Prison and
Penal Farm is one of the prisons nearer to
Metro Manila. According to records and
file, the Sablayan prison first housed
colonists, employees and prisoners on
January 15, 1955. Since its establishment,
the prison is continuously improved
through construction of several buildings,
including dormitories, employee's quarter,
guardhouse, schoolhouse, chapel,
recreation hall and Post Exchange. The
Sablayan Prison and Penal Farm is also
where prisoners from New Bilibid Prison
are brought for decongestion purposes. It
follows the same colony standards as other
penal farms.
4 The San Ramon Prison and Penal Farm
The San Ramon Prison and Penal Farm is
situated in Zamboanga City, Philippines.
 P a g e | 177

It was established to house the Muslim

rebels and prisoners opposing the Spanish
leadership. The prison is right in front
of the Jolo sea and is sprawled within a
1, 414-hectare property. It was on August
21, 1869 when the San Ramon Prison and
Penal Farm was built. Due to the havoc
wreaked by the Spanish-American war, the
penal farm was destroyed. In 1907, it was
then re-established and started to house
prisoners from Mindanao. By 1915, it was
placed under the protection of the Bureau
of Prisons.
5 The Davao Prison and Penal Farm
The Davao Prison and Penal Farm is the
first and one of the oldest and most
recognized penal colonies in the
Philippines. Located in Santo Tomas, Davao
del Norte. Formerly known as the Davao
Penal Colony, the Davao Prison and Penal
Farm was built on January 21, 1932. It was
established within a 5,212-hectare of land
and was supervised by Bureau of
Corrections and the Department of Justice.
The Bureau of Corrections, alongside with
the Department of Justice is geared
towards the training and reformation of
the prisoners. These two departments also
aims to teach the prisoners how to read,
write, do jobs like carpentry, wood
 P a g e | 178

carving, barbering, basic appliance

repairing, plumbing, shoe making. By
uplifting their literacy and awareness,
the prisoners will learn how to be
responsible citizens especially when out
of the prison.
The Reception and diagnostic center
Recognizing the need to properly orient
newly committed prisoners to the
Philippines' Bureau of Corrections, the
Reception and Diagnostic Center (RDC) was
created through the issuance of
Administrative Order no. 8, series of 1953
of the Department of Justice. It was
patterned after the reception facilities
of the California State Prison. The RDC is
an independent institution tasked to
receive, study, classify all national
prisoners committed by final judgment to
the National Penitentiary. The first RDC
facility was created in Building no. 9 of
the Maximum Security Compound of the New
Bilibid Prison (NBP), Muntinlupa City. In
a move to isolate the facility from the
troubled maximum security wing then
experiencing violence in 1973, RDC was
relocated to Building no. 7, formerly
referred to as Metro Jail of Medium
Security Compound of Camp Sampaguita, NBP.
To further insulate the newly received
 P a g e | 179

inmates from gang related exposures, the

Center was transferred to the previous
military command post adjacent the Medium
Security facility where it is presently
situated. The RDC is an entirely separate
division with a highly technical function
headed by the Chief of the RDC who
oversees its independence in carrying its
mandated tasks to receive study and
classify all male national inmates
committed to the Corrections by a
competent court of authority. The Chief is
directly responsible to the Director for
all the activities undertaken by her
personnel. Presently, RDC has a total of
fifty (50) personnel, consisting of 21
civilian and 29 security officers, whose
job functions are inter-related for a
worthy implementation of its programs. The
success of all prisons' rehabilitation
process depends on how the RDC tackles the
necessary orientation, diagnosis and
treatment programs of the newly arrived
inmates. Within the framework of staff and
facilities, every effort is made to
determine the inmate's strength as well as
his moral weaknesses, his physical
inadequacies, his character disorder, his
educational, social and vocational needs.
It is during the 60-day period, the
critical initial contact between prisoner
 P a g e | 180

& his new environment that the primordial

functions pertaining to care & treatment
are exhaustively being carried out by the
specialist staff. By the time the inmate
is ready for transfer to any of the
operating penal institutions, he has
overcome all his fears and prejudices, has
attained considerable adjustment, and is
prepared to cooperate in the
implementation of his treatment program.
Being the initial stop of every national
male prisoner, the RDC regularly continues
to improve its rehabilitative programs.
One such reform is the embracing of the
behavioral modification modality.
Primarily a program for drug dependents,
the RDC Chief recognized the potential of
applying the same principles to all
committed inmates, thus the RDC was turned
into a Therapeutic Community Camp on
February 6, 2003. On June 4, 2004, the RDC
also started to obliterate the gang marks
of all newly committed prisoners in an
effort to eradicate the gang system within
the Bureau. On that same month, then
Director Dionisio Santiago entrusted the
administration of the Muntinlupa Juvenile
Training Center (MJTC) to the RDC thru
memorandum dated June 18, 2005. The latest
achievement of the RDC was given thru
memorandum of Director Vicente G Vinarao
 P a g e | 181

dated March 31, 2005 in which the RDC was

tasked to execute administrative control
over all other RDCs of the Bureau of
Corrections. Therefore, the RDC has
evolved into an institution that should be
emulated. Its progress and current set-up
has empowered the Center to take a
positive approach towards modern day
penology of rectification
(http://agentedilindap.blogspot.com/2006/0
5/reception-and-diagnostic-center-
rdc.html)

E. COMMUNITY

The community as one of the

component of the Criminal Justice system
of the Philippines includes but not
limited to the individuals, private groups
and public entities who when performing or
are involved in related criminal justice
activities, become part of the system.

Thus prevention and control of crime is

not only the sole duty and responsibility
of the government, particularly the first
fourth components of the Criminal Justice
System.
 P a g e | 182

Composition of the Community

1 Home-known as the “Cradle of

Personality”.
2 School – the strategic position to
prevent crime and delinquency. The
school exercises authority over every
child who is of school age.
3 Church – plays an important role in the
prevention and control of crime. It is
the church of any denomination which
points out the faithful relationship to
God and their fellowmen, and who work
and example, leads them to live a
normal and moral life.
4 Government – the government is the duly
constituted authority that enforces the
laws of the land and as such it is most
powerful institution as far as control
of the people is concerned.
5 Mass Media and Radio Broadcasting –
with the modern trends of
communication, mass media and radio
broadcast have been and considered the
best instruments for information
dissemination and the best source of
knowledge for the public. It is
through the mass media and radio
broadcast where the public opinion were
 P a g e | 183

formed, and that is where their

influence lies.

The Role of the Community in the

reformation and Rehabilitation of
Offenders

Apathy among Filipino towards prisoners

and ex-prisoners as public enemies should
be overcome and replaced by the belief
that the latter are a part of and not
apart from society. It is that
correctional institutions should enlist
the cooperation of the community in order
to succeed in their mission of placing the
offender back in society as a normal
social being.

**KATARUNGANG PAMBARANGAY**

It is the system established by the

P.D. 1508 now superseded by sections 399
to 422 of RA 7160 otherwise known as the
Local Government Code of 1991. It promotes
and implements the amicable settlement of
disputes at the barangay level before
resorting to filing cases in court or in
any other government office.

Only individuals actually residing in

the same barangay, city or municipality
 P a g e | 184

can be parties to the proceedings.

Corporations, partnerships and other
juridical entities are not covered by RA
7160.

Constitution of the Lupon

The Barangay Chairman shall, within 15

days from the start of his term, prepare a
Notice to Constitute a Lupon, which shall
be composed of 10 – 20 members. Such
notice shall be posted in 3 conspicuous
places in the Barangay continuously for a
period of not less than 3 weeks.

Taking into consideration any

opposition to the proposed appointment of
the Lupon Members, the Barangay Chairman
shall within after the notice constitute a
Lupon, appoint as members those he
determines to be suitable hereof. Such
appoints shall be in writing, singed by
the chairman and attested to by the Lupon
Secretary.

Qualifications of Lupon Members

1 Any person actually residing or working

in the barangay.
2 Not otherwise disqualified by law.
 P a g e | 185

3 Possessing integrity, impartiality,

independence of mind, sense of fairness
and
Reputation of probity; and
4 Has expressed his willingness to serve
as Lupon member.

Pangkat ng Tagapagkasundo or Conciliation

Panel
For each dispute brought before a
Lupon, a Conciliation Panel is
constituted, consisting of 3 members, to
be chosen by the parties of a dispute,
from among the 10 – 20 members of the
Lupon. Should the parties fail to agree on
the pangkat members, it shall be
determined by the Lupon Chairman. The 3
members constituting the Pangkat shall
elect from among themselves the Chairman
and Secretary.

*** E N D ***