Notes CJS

--Compiled by: PhilCST CRIMINOLOGY STUDENTS USE ONLY Introduction to Philippine Criminal Justice System
Unit I. INTRODUCTION
In every country, the rising criminality and juvenile delinquency is one of their priorities
because it hampers their socio-economic advancement. Tradio, in his book, Criminal Justice
System, stated:
“In any form of Government, the yardstick of economic efficiency is the presence of peace
and order in the community and tranquility among the members of society. For without peace
and order, there can be no economic stability in the country.”
In a democratic society like ours, the anti-crime machinery for the prevention and control
of crime and juvenile delinquency of the Criminal Justice System. This Criminal Justice System
(CJS) is welded in an arena whose boundaries and “RULES OF WARFARE” are delineated and
prescribed by legal parameters. Being part of the CJS and bound by said legal parameters it is
equality imperative for us to explore and familiarize ourselves with its structure or set-up.
BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM

1. Crime – it is an act or omission in violation of the criminal law. (Sutherland and Cresey)
- It is an act which is not in conformity with the accepted norms and standards
in a certain society. (Keeper)
- An act committed or omitted in violation of a public law forbidding or
commanding it.
2. Act - Any bodily movement tending to produce some effect in the external world.
3. Omission – is meant inaction, or the failure to perform positive duty which one is bound
to do.
4. Criminal Law – Branch or division of law which defines crimes, treats of their nature and
provides for their punishment.
5. Criminal – It refers to any person finally convicted by a competent court in violation of
law.
6. Justice – Principle of dealing with fairness; equality in the application of law.
7. System – A process; a coordinated body of method; organized way of work.
8. Criminal Justice System – Sum total of instrumentation which a society uses in the
prevention and control of crimes.
- The machinery used by a democratic government to protect the society
against criminality and other peace and order problems.
- An integrated apparatus that is concerned with apprehension, prosecution,
conviction, sentencing and correcting criminals.
- The process of linking the five pillars of criminal justice system together so as
to achieve an interrelated scheme of reciprocal responsibilities in its approach
to community involvement.
Biblical Principles Old Covenant

The history of crime begins in the first book of the Bible which dates back at least seven
thousand years. Whether the Genesis account of Cain and Able is accepted as historical fact or
allegory, the principle of retributive justice is as old as recorded history.
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Exodus 21:24: the oft misquoted “Eye for an eye” verse, when read in context is a
statement of the modern “rule of proportionality” standard used on our courts today. That is
the pay-back (penalty) is proportionate to the harm actually caused (“value for value”). This is a
legal principle in Biblical Rabbinical and Common Law.
In Deuteronomy 17:6: the modern principle of “two or more witnesses” is found. This is
a requirement that direct testimony corroborated by the other direct testimony, be the
standard of admissible evidence in capital cases.
Deuteronomy 17:12-13- deterrence principle- death penalty is pronounced on men who

are refuse to obey the edicts of the court.
When the ONLY principle punishment applied is deterrence, however the system becomes
dangerous and destructive. Deterrence alone breeds a “zero tolerance” atmosphere where “the
letter of the law” is paramount and “the spirit of the law” is suffocated.
CONCEPT OF THE CRIMINAL JUSTICE SYSTEM

A. Criminal- pertaining to, or involving, crimes or the administration of penal justice. An
individual who has been found guilty of the commission of conduct that causes social
harm and that is punishable by law; a person who has committed a crime. (The Legal
Dictionary)
A person can be branded as criminal under the following circumstances:
1. He must have committed a crime.
2. He must have been apprehended and investigated by the police.
3. By virtue of sufficient physical evidence and testimonies of witnesses, he must
have been arrested.
4. Due to the presence of prima facie evidence, the case was remanded to the
court by the prosecutor for trial.
5. There was arraignment.
6. There was trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The convict was conflicted in prison.
10. The convict has fully served his sentence in prison.
B. Justice- adherence to truth or fact, impartiality the rendering of what is due or merited.
- It consists of ordering human relations in accordance with general principles
impartially applied. (Ginsberg)
- It is accomplished by justice agents (police) who are flexible. Therefore not
everyone is treated alike, and what is just depends upon the circumstances of
an act.
****A just punishment for a crime depends upon variables associated with the act,
not only with the crime itself. ****
JUSTICE according to the Supreme Court (SC) of the Philippines is symbolically

represented by the blindfold woman, holding with one hand a sword and with the other a
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balance, meaning thereby that it is administered without respect to persons, equally to the poor
and the rich.
ESSENCE OF JUSTICE
The figure of JUSTITIA, the goddess of Justice, is considered to be a symbol of Justice. In the
left hand she hold scales (symbol of using just weights for measuring goods and of having
balanced opinions) and in her right hand a sword ( to measure that justice is in victor) .To
present impartial judgment. She wears a blindfold.
MORTIMER J. ADHELER’S Two Precepts of Justice:

1. Render to each his due: and
2. Treat equal equally and unequal’s unequally but in proportion to their
inequality.
C. SYSTEM- orderly combination or arrangement, as of parts or elements into a whole

specifically, such combination according to some rational principle, any methodical
arrangement of parts.
CJS as a system can be the organization administration and operation of criminal justice,
in that all the components involve the prevention, control and reduction of crime and
delinquency are conscious of each responsibility.
Theoretically, CJS is an integrated apparatus that is concerned with the prevention,
prosecution, conviction, sentencing, and correcting of criminals.
Conceptually, the American context of CJS is the process of linking its three components
of the POLICE, COURT, and PROSECUTION.
COMPONENTS OF CRIMINAL JUSTICE SYSTEM

American Concept of Criminal Justice System
1. Law Enforcement - one who inmates the criminal justice process by the arrest of the
criminal.
2. Court - one that conducts the trial and imposes the penalty if found guilty.
3. Correction - where the criminals is remanded to prison not as a form of punishment but
for correction and rehabilitation.
Philippine Concept of Criminal Justice System

1. Law Enforcement (Police)
2. Prosecution
3. Court
4. Correction
5. Community
In the Philippine setting, the CJS is broadened and anchored into the so-called “Five
Pillars” representing the POLICE (law enforcement), PROSECUTION, COURT, CORRECTION and
COMMUNITY.
The five pillars of the CJS are by no means independent of each other. What each one
does and how it does has direct effect on the work of others. Hence in order to attain and meet
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the goals or objectives of the system, each pillar must function efficiently because the failure of
one means the failure of the entire system.
By definition, the CJS in the Philippines setting is the process of linking those five pillars
together so as achieve an interrelated scheme of reciprocal responsibilities in its approach to
community involvement. It reveals that each component has a distinct, sequential role to
perform within the system. ( Isaias Alma Jose)
In summary, CJS is the institution charge with direct responsibility for the prevention
and control of crime. Specifically, CJS has been defined as the enforcement, prosecution,
adjudication, punishment and rehabilitation functions.
PROCESS OF CRIMINAL JUSTICE SYSTEM

Process- A series of steps, actions or operations used to bring about a desired result.
1. The police are responsible of gathering pieces of evidence and arresting the law violator
as well as filing complaint to the prosecutor.
2. The prosecutor is responsible for evaluating evidence, which the police gathered, and
deciding whether it is sufficient to warrant filing of charges against the accused.
3. The defense lawyer, whether privately retained or provided by the government, are
responsible for defending the accused.
4. The judge during trial is an arbitrator in court who ensures that the defence and
prosecution adhere to the legal requirements of introducing evidence and examining
and cross-examining witnesses.
5. The judge at the end of the trial renders decision to the case.
6. The probation officer conducts pre-sentence investigation, and also supervise offender
placed on probation.
a. Post-sentence investigation= an investigation conducted by the probation
officer after conviction to determine the qualifications of the convicted offender
for probation.
b. Probation- a privilege granted by the court to a person convicted of a criminal
offense to remain in the community instead of actually placed in prison.
7. The offender, if convicted and sentenced, will be committed to penal institution until
the parole board grants him parole or be released if he had completely served his
sentence.
8. Finally, the convicted offender, once sentence is served, will be sent back to the main
stream of the society.
TWO ASPECTS OF THE CRIMINAL JUSTICE SYSTEM

1. FORMAL JUSTICE SYSTEM- is the traditional series of agencies that have been given the
formal responsibility to control crime. It is an overt system, every day in operation,
customary understood and referred to in crime and delinquency literature.
CHARACTERISTICS OF FORMAL JUSTICE SYSTEM

 CRIME CONTROL- implies dedication to maintain public order and to counter the
threat of active criminals.
 REACTIVE THEORIES- tactics of punishment, suppression and compulsory
confinement.
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 ORGANIZATIONAL OF WORK- this refers to bureau tic scheme.

 MONOLITIC CRIMINAL JUSTICE SYSTEM- appears to stand separate from the
community it serves.
2. LARGER CRIMINAL JUSTICE SYSTEM- these are agencies and persons that deals with
issues related to crime prevention, thus the traditional pillars of the criminal justice
system.
CHARACTERISTICS OF LARGER JUSTICE SYSTEM

 The fuller recognition that the criminal justice administration is a part of social
control functions of the entire constitutional framework of the community.
 The supreme goal is no longer just crime control but rather maximum law
observance.
 The recognition of nature and functioning of the particular community being served
are of paramount importance for efficient criminal justice administration.
 Full awareness of the limits of legitimate coercion.
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Unit II. OBJECTIVES, GOALS, VISIONS AND MISSIONS OF THE CJS AND ITS FIVE PILLARS
PURPOSE OF CRIMINAL JUSTICE SYSTEM

The purpose of the criminal justice system is to process those who have been accused of
criminal activities.
OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

The main objectives of the system are justice for all and elimination of crime from our
society.
According to ROBERT D. PURSELY, in a free society the primary goal of CJS is to protect
the members of that society. It is formally ‘INSTRUMENTALITY’ authorized by the people of a
nation to protect both their collective and individual wellbeing.
Another main objective is the maintenance of order. In addition to the two main
objectives, the following are the sub-objectives:
1. Preventing the commission of crime
2. Enforcing the law
3. Removing dangerous person from the community1
4. Protecting life, individual rights and properties
5. Deterring people from indulging in criminal activities
6. Determining the guilt or innocence or guilt of the accuse
7. Investigating, apprehending, prosecuting and imposing penalty upon those who cannot
be deterred from violating the rules of society
8. Rehabilitating offenders and returning them to the community as law-abiding and useful
citizens of the society.
VISION of CRIMINAL JUSTICE SYSTEM

CJS VISION is for safe, peaceful, and progressive Philippines through partnership and
shared responsibility in attaining peace and order.
The following are the visions of each pillar:
 LAW ENFORCEMENT- well coordinated, professional, dynamic, and highly motivated law
enforcers in partnership with the community for a safe, peaceful, and progressive
Philippines.
 PROSECUTION- a maximize prosecutorial capability to reduce criminality for a peaceful

and progressive Philippine society.
 COURTS- a court system which is truly independent, just and speedy to the end that no
innocent person is convicted and no guilty man is acquitted.
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 CORRECTIONS- a correctional system that is modern, humane, responsive and

integrated.
 COMMUNITY- a united proactive community working for peace and order in partnership
with the other pillars of the criminal justice system.
MISSION of CRIMINAL JUSTICE SYSTEM

The CJS MISION is to promote peace and order through active community involvement
and fair and dispensation of justice.
The following are the missions of each pillar:
 LAW ENFORCEMENT- to enforce the law, prevents and control crime, maintains peace
and order, and ensures public safety and internal security with the active participation
of the community.
 PROSECUTION- to provide a highly professionalize properly motivated and people

oriented prosecution service conduct preliminary of complaints and prosecute criminal
action to ensure fair, speedy and inexpensive prosecution of cases.
 COURTS- to promote respect for and obedience to the rule of law trough proper and
efficient administration of justice.
 CORRECTION- rehabilitates and reintegrates offenders into the mainstream of society

and upholds their human rights and dignity through speedy legal and administrative
processes and provision of scientific and spiritual programs.
 COMMUNITY- mobilizes key sectors of the community in an integrated plan of action to

combat crime and promote peace, order and justice.
GOALS OF CRIMINAL JUSTICE SYSTEM

1. Protect the members of the society.
2. Maintain Peace and Order
3. Crime prevention
4. Suppression of criminal conduct
5. Review the legality of existing rules and regulations
6. Rehabilitation and reformation of offenders.
The following sub-goals are adopted for each pillar of the CJS:
 LAW ENFORCEMENT
- reduce the incidence of crime and crime rate to a socially desirable level.
- improve crime solution efficiency
- maximize linkages with other components of the criminal justice system and
international law enforcement agencies.
- enhance the credibility of law enforcement organizations.
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 PROSECUTION
- An 85% disposition rate of cases under preliminary investigation.
- A 50% increase in the rate of cases rested by the prosecution in court at the
end of the 5 year period.
 COURT
- decides all cases with dispatch in accordance with due process without
sacrificing the quality of justice.
 CORRECTIONS
- INCAPACITATIONS
- REDUCTION in the:
- Rate of escapes/jailbreaks among prisoner
- Rate of revocation among probations
- Rate of commitment among parolees/conditional pardonees
- Rate of commitment among youthful offenders
- REHABILITATION
- INCREASE in the:
- Rate of successful termination from probation
- Rate of successful termination of parole.
- Rate of successful probation among youthful offenders
- Rate of payment of civil liability among non-custodial offenders
- REDUCTION in the:
- Rate of recidivism in the entire correctional system.
 COMMUNITY
- Barangays shall have attained awareness of the criminal justice system.
- Transform negative beliefs and perceptions, i.e. apathy, passivity, divisiveness
and non-cooperation.
- Criminality shall have been reduced by 75% based on the current level.
- Develop mechanisms for interactions and communications between
community and other pillars of the criminal justice system.
COMMON STRATEGIES OF CRIMINAL JUSTICE SYSTEM

CRIMINAL JUSTICE SYSTEM
- Information dissemination on the CJS concept.
- Integration of the Moral Recovery Program (MRP) in all CJS undertakings.
- Strengthening of linkages between and among the five pillars of the CJS and the
general public.
- Upgrading professionalization among CJS personnel.
- Institutionalization of awards and rewards system.
- Promotion of responsible media reporting.
- Amendment or repeal or non-responsive and/or archaic.
- Maximization of citizen participation in the maintenance of peace and order.
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The following are the common strategies employed by each pillar.
 LAW ENFORCEMENT
- Improvement of recruitment and training programs.
- Adherence to professional ethics and moral values.
- Upgrading of law enforcement capability.
- Replication of pilot-tested projects e.g. Community Oriented Policing System.
- Organizational development to enhance coordination and organizational
effectiveness.
- Promoting efficiency in the management of resource through a system of
transparency.
- Active participation of the community in crime prevention, solution and control.
 PROSECUTION
- Provide adequate staff, equipment and supplies.
- Provide attractive emoluments and benefits to attract competent lawyers to
join the prosecution service.
- Strict screening of prosecutor-applicants
- Management training for prosecutors.
- Enforcement of stricter disciplinary measures.
- Recommend designation of specific courts to exclusive trial and decide criminal
case.
- Mandatory pre-trial.
- More funding of the Witness Protection, Security and Benefit Program.
(RA6981)
- More funding for Victim Compensation LAW.
- Closer coordination of the prosecution with law enforcement agencies and the
community in evidence gathering
- Strict adherence to DOJ Circular in resolving preliminary investigation of cases
within 60 days.
- Actively assist in the training to barangay chairman and lupon members in their
conciliation, mediation and arbitration work to lessen the load of cases to be
filed with prosecution/courts.
- Continue the training program for non-chemist on dangerous drug identification
to meet the need for more expert witness.
 COURTS
- Monitoring of performance of judges
- Continuing adult of court dockets to insure compliance with the prescribed
period within which cases should be tried and decided.
- Continuing revision, amendments and/or modification of the Rule of the Court
for the purpose of attaining speedy administration of justice.
- Continuing dissemination of information regarding of the courts.
- Continuing training of judges and court personnel.
- Work for the full realization of the constitutional autonomy of the judiciary in
order to achieve its true independence.
- Grant awards/recognition to deserving judges and court personnel through the
merit system.
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 CORRECTIONS - modernization of the Philippines Correctional System.

- INSTITUTIONAL PROGRAMS
- Establishments of diagnostic centers.
- Specialized correctional institution
- Work release
- Prohibition of arrest and detention during holidays and weekends.
- NON-INSTITUTIONAL PROGRAMS
- Hallway homes
- Community service orders
- Joint institutional and non-institutional correction institution.
- Moral and spiritual programs
- Health insurance
- Sports and recreation
- Counseling services
- Prison agro-industries
- Special service for offenders dependents especially the poor and the
underprivileged
- Psychosocial interventions
- PERSONNEL
- Increase of personnel for all correctional agencies
- Professional and career advancement of correctional workers/upgrading
of qualification standards for correctional workers
- Salary and benefit upgrading
- Team and commitment building seminars
- Institutionalization of awards and incentive standards for correctional
workers.
- FACILITIES
- Site and infrastructure development
- Old facilities redesign/upgrade/transfer
- Construction of separate new facilities in conformity with modern prison
architectural design
- Modern transport and communication facilities
- Construction of separate facilities for female, youth and other special
offender
 COMMUNITY
- Maximize participation of development workers in organizing community fight
criminality
- Promote and support anti-crime watch movements
- Improve street lighting to make streets safer at night
- Expand existing anti-drug programs involving the community
- Provide incentives and recognition for good policemen, prosecutors, judges
etc.
- Promote community oriented Policing System (COPS)
- Practice neighborhood watch system
- Information networking among anti-crime groups
- Security bulletin- expose modus operandi od criminals, disseminate crime
prevention tips
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- Retire corrupt, delinquent and aging judges, police officers and other
government officials
- Increase mobility by improving/modernizing patrol equipment
- Study innovations in law enforcement agencies in foreign countries
- Civilian anti-kidnapping task force
- Provide economic growth through cooperative community and people-
oriented systems.
CRIMINAL JUSTICE SYSTEM FLOW MODEL

When an offense is committed in the community, it may go undetected, in which case in
the law violator does not enter in contact with law enforcement. If the law violator is arrested
he may be charged and become an input to the courts sub-system for disposition. The output
may be an acquittal or a sentence which could be handled either through probation or through
a correctional institution.
When an individual becomes a law violator, he may be regarded as and output of
society and as an input to the Criminal Justice System. After expressing form the system, he
returns to the society.
It should be noted that law enforcement is a very vital component since he point of
entry of the offender into the systems is largely controlled by the former.
CRIMINAL JUSTICE PROCESS

Criminal justice is a process of selection. Not every crime that is committed is reported
to the police, not every crime reported to the police results in an arrest, not every arrest results
in a prosecution, not every prosecution results in conviction, and not every conviction results in
a prison sentence. In other words, criminal justice is a process whereby individuals are sifted
and sorted out at various decision points within the system.
During the processing of the offender, there is a great deal of ‘slippage’ within the
system and various decisions point in the process. A major characteristic of the administration
of criminal justice is the discretion that exists at each critical decision stage in the system. The
criminal justice system operates like a complex filter, screening out offenders at various points.
The criminal justice process begins acts that may or may not be considered as ‘criminal’
(designated as social harms). At the beginning of the process, we have a very heterogeneous
group of people, since just about everyone commits some act that could be considered a ‘social
harm’. However very few of these acts come to the attention of the police. Of those that do
come to the attention of the police, only a small percentage (less than 20%) results in an arrest.
Even of those arrested, may are never charged with a crime or “booked”
As we proceed through the stages of the CJS, we see that the number of people
involved as accused in further reduces. Also, and more importantly the kinds of people involved
become more and more homogenous. For instance they become more alike in terms of
age(younger) sex (more are males) social class (increasing number of lower and such as theft
and robbery) and more and more previous experiences with the criminal justice system. When
we arrive at the last stage, the prison populations we have the most homogenous grouping in
which the vast majority are poor, unskilled, uneducated and well experienced in crime and have
had much contact with the criminal justice system.
The Philippines is the “biggest mover” in the World Justice Project (WJP)’s Rule of Law
Index 2017-2018, released on March 31, 2018, which measures 113 countries’ adherence to the
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rule of law. Since the WJP Rule of Law Index in October 2016, the Philippines dropped 18
positions to rank 88th out of 113 countries.
It ranks 13th out of 15th countries in East Asia and the Pacific, which includes its
Southeast Asian neighbors as well as New Zealand, Australia, Japan, Hong Kong, the Republic of
Korea, Mongolia, and China. The results gathered were from the conducted over 110, 000
household and 3,000 expert surveys based on the countries’ performance.
Among the criteria reportedly used were access to justice public accountability of the
judiciary and the rate of disposal of cases.
A recent editorial of the Philippine Daily Inquirer mentioned the following causes of the
rising tide of criminality:
- Poverty
- Ineffectiveness and low credibility of the police
- The rising incidence of drug abuse and
- The lack of a real deterrence to the commission of crimes.
It observed that:
“One real deterrent would be the realization that one cannot escape from the law if one
is caught after committing a crime. But our criminal justice system leaks like a sieve and at any
point from the police station to the prison, one can escape retribution and justice”.
If the anti-crime campaign is to be effective the entire criminal justice system will have
to be improved or revamped. Revamping the criminal justice system will be like cleaning the
Aegean stables or restoring the Pasig River. However it has to be done if the government is to
win the fight against crime.
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Unit III. 1st Pillar: LAW ENFORCEMENT
Concept
The police (law enforcement) stand the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consist of patrolling to supervise, conduct,
investigating to identify offenders and or recover stolen or missing property warning or arresting
those who are probably guilt of criminal behavior and assisting in the prosecution and trial an
offenders. Its goals are aimed towards the prevention of the crime and disorder, preservation of
peace and the protection of life, properties and individual freedom.
A large number of government agencies are involved in law enforcement one way or
another. The kind and degree of involvement vary from general to specific law enforcement to
enforcing standards and regulation pertaining to regular government activities.
In the Philippines, the law enforcement function is spearheaded by the Philippine

National Police (PNP) the Department of Interior and Local Government (DILG) and the National
Bureau of Investigation (NBI) under the Department of Justice (DOJ).
In addition to these government offices there are other agencies tasked with enforcing
special laws. Among these are:
 Presidential Anti-Organized Crime Task Force (PAOCTF)- Formerly PACC
 Bureau Of Internal Revenue (BIR)
 Land Transportation Office (LTO)
 Bureau Of Customs (BOC)
 Bureau Of Immigration (BOI)
 Economic And Intelligence And Investigation Bureau (EIIB)
 Food And Drug Administration (FDA)
 Philippine Coast Guard (PCG)
 Marine Industry Authority (MARINA)
 Bureau Of Forest Development
 Department Of Agriculture (DA)- BFAR BPI ETC.
 Air Transportation Office (ATO)
 National Telecommunications Commission (NTC)
 Bureau Of Product Standards (BPS)
Historical Background of the Police
It primitively evolved from the practice of different tribes to select able bodied young
men to protect their villagers not from the assault of criminals but from depredations of wild
animals which prey their crops and lives stock during night time.
These young men who walked around their villages during the night to render
protection need not to work in the fields during the day. The village council agreed that they
were given equal share of the harvest for the families. Historically this is the forerunner of the
contemporary patrol of the police for crime prevention.
Basically a police department is organized first and foremost for crime prevention. In a
newly created community a prime concern of local government officials and citizen is peace and
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order. Hence priority is the establishment of a police force entrusted with the basic
responsibility of crime prevention. They are aware of the police role to safeguard the
community progress and stability.
 POLICEMAN - an agent person in authority by law to enforce the law. Symbolically, he is

the law.
KINDS OF POLICEMEN
 TRADITIONAL POLICEMAN- a policeman walking in uniform performing patrol work
walking constantly and alertly observing persons and things to accomplish crime
prevention.
 CONTEMPORARY POLICEMAN- the materialistic arrogant college educated agent of
person in authority whose insight of public service is for the public to serve him as his
source of extra income.
At the start of his duty, he reflects not on his work, but on his prospective extra income
for the day, constantly probing, looking deeper not on the nature of things, but into the pockets
of his prospective victims. “You name it, in the POLICE are in it”.
THE POLICE USE OF DISCRETION- Police officers are decision makers and the most of their
decisions are based on discretion.
 DISCRETION- its wise use of one’s judgment personal experience and common sense to
decide a particular situation.
Apparently the police exercise of discretion is unregulated as U.S Chief Justice and Burger put it
– “No law book no judge, no lawyer can readily tell how the policeman on beat should
appropriately and courteously exercise the same in this various day to day activities whatever
they do, it is their own responsibility”.
Role of Police in the CJS
Specifically, the first stage in the criminal justice process pertains police or Law
enforcement activities which are carried on through INVESTIGATION of crimes that are reported
to or discovered by the police or Law enforcers.
 POLICE INVESTIGATION
1. Initial contact - The initial contact with the criminal justice system takes place
as a result of police actions.
Example. A police assigned on patrol observed a person actually committing a
crime, or contacted by a victim who reports a crime, the police respond by going to the
scene of the crime to investigate.
2. Investigation - The purpose of the investigatory stage is to gather sufficient

evidence to identify the suspect and support a legal arrest. The process of investigation
includes but not limited to:
a. Surveillance and observation of suspects
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b. Taking of photographs surreptitiously or otherwise

c. Interview of persons with personal knowledge of facts
d. Entrapment suspects (with consent of the court) when feasible
e. Search of premises or persons and seizures of objects, subject to
constitutional and statutory safeguards
f. Examination of public and other available records pertaining to
persons involved in crimes
3. ARREST - The arrest power of the police involved the taking of a person into
custody in accordance with lawful order and holding the person to answer for a
violation of the criminal law.
4. Custody - The moment after an arrest is made, the detained suspect is

considered under police custody and is now restricted of his freedom of movement. The
police may wish to search the suspect for weapon or contraband.
5. Charging - If the arresting officer or his superior believes that sufficient

evidence exists the person is charge with specific crime for which he had been arrested.
NOTE: In every stage of these processes, the police is mandated by law to

appraise the person or suspect of his constitutional rights, otherwise the failure
(intentional or unintentional) of the police will be held criminally liable for
noncompliance thereof.
 REFERRAL - After the formal investigation has been completed the police has to refer
the investigation report to the prosecutor’s office, including the evidences (Physical or
documentary proof) and the suspect if he is in custody.
 COURT APPEARANCE/DUTY - The police (investigator or arresting officer) when summon

by the court must appear in court to stand as witness for the prosecution.
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Unit IV. 2nd Pillar: PROSECUTION
PROSECUTION
Serving as the lawyer of the State/government in criminal cases, the prosecutor is
automatically considered an officer of the court, at the same time, he is formally a member of
the Department of Justice, under the Executive branch of the Government, and thus
independent from the judiciary.
The prosecution service is made up of Provincial and City Public Prosecutors under the
National Prosecution Service (NPS). They perform to types of prosecutorial powers;
investigatory and prosecutor such as they:
- Evaluate the police findings referred to them, or other complaints filed directly with
them by individual persons (e.g. government officers in charge of enforcement of law
violated)
- File corresponding INFORMATION OF CRIMINAL COMPLAINTS in the proper courts on
the basis of their evaluation of the proofs at hand and
- Prosecute the alleged offenders in court in the same of the people of the Philippines.
 ATTORNEYS IN PRIVATE PRACTICE should be deemed a part of the CJS components

(Prosecution). They represent the parties (complainant or respondent) in proceedings
before the public Prosecutors. So also, public defenders such as members of the PAO and
other legal Aid Lawyers (IBP, CLAO, FLAG MABINI ETC.)
 PROSECUTE- to commence and carry on a criminal action or lawsuit in the name of the
People of the Philippines.
- To bring suit against for redress of wrong or punishment of crime.
- To seek to enforce or obtain, as a claim or right by legal process.
- To begin and carry on a legal proceedings.
THE PROSECUTOR AND THE POLICE

Prosecutorial discretion typically enters the picture immediately after the arrest, when
the police investigative reports are forwarded to the prosecutor for review.
The prosecutor screens and evaluates the document in order to decide whether to
accept or reject the case for prosecution.
The action of the prosecution is dependent upon the police initiatory action whereby
the criminal justice system relies on the:
- Certainty of the arrest by the police
- Certainty of conviction by an effective prosecution
- Certainty of appropriate sentencing by the court.
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USE OF THE PROSECUTOR’S DISCRETION

There are of course, many legitimate reasons for a prosecutor’s failure to prosecute:
- Where the alleged criminal act may be the result of some quarrel between neighbor’s
and all parties are equally at fault.
- Where the alleged criminal act may be the result of some minor domestic dispute
- Where an overzealous creditor may be attempting to pervert the criminal process for
the purpose of collecting a civil debt.
 NOLLE- a request by the prosecutor to the judge for approval to terminate further criminal
prosecution against a suspect.
CHARACTERISTIC OF NOLLE
- The request is more formality that the judge routinely grants without question.
- Originally, the prosecutor is not even required to give reason for wanting to NOLLE a
case has the charge suspended for a period of 12 months
- The suspension of legal action is intended to have a deterrent effect of the offender if
the suspect gets into trouble during the period.
- At the end of 12 months the nolle status expires and automatically becomes a full
dismissal of the crime charge.
OBJECTIVELY, THE NOLLE IS PRIMARILY USED TO:

- Reduce case overload
- Reduce backlog (an accumulation of unfinished work)
- Reduce delays in bringing defendants trial
 PLEA BARGAINING
- is the process of discussion or negotiation between defence counsel and the prosecutor,
aimed and reaching an agreement whereby the prosecutor uses discretion to obtain
from the judge a lighter sentence in change for the defendants entering a guilty plea.
 ARRAIGNMENT
- is the legal mechanism whereby an accused is brought before the court wherein the
complaint/charge against him is read by the clerk of court in the presence of the lawyer
and the prosecutor in which the accused is to announce his plea.
 INQUEST
- is an informal and 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 in court.
Duty of Inquest Officer When Arrest is NOT Properly Effected

1. Recommend the release of the person arrested or detained;
2. Note down the disposition on the referral document;
3. Prepare a brief memorandum indicating the reasons for the action taken; and
4. Forward the same, together with the record of the case, to the city or Provincial
Prosecutor for appropriate action.
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Duty of Inquest Officer When Arrest is Properly Effected

Should the inquest officer find that the arrest was properly effected, he shall proceed
with the inquest by examining the sworn statements or affidavits of the complainant and the
witnesses and other supporting evidence submitted to him.
If necessary, the inquest officer shall require the presence of the complainant and
subject them to an informal and summary investigation or examination for purposes of
determining the existence of probable cause.
 Probable Cause – It exist when the evidence submitted to the inquest officer engenders
a well-founded belief that a crime has been committed and that the arrested or
detained person is probably guilty thereof.
Presence of Probable Cause

It the inquest officer finds that probable cause exists, he shall prepare the
corresponding complaint or information with the recommendation that the same be filed in
court. The complaint or information shall indicate the offense committed and the amount of
bail recommended if bailable.
Absence of Probable Cause

If the inquest officer finds no probable cause, he shall;
1. Recommend the release of the arrested or detained person;
2. Note down the disposition on the referral document;
3. Prepare a brief memorandum indicating the reasons for the action taken; and
4. Forthwith forward the record of the case to the City or Provincial Prosecutor for
appropriate action.
 PRELIMINARY INVESTIGATION
Section 1, Rule 112-Rules of Court. Preliminary Investigation defined: when required.
- 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. Except as
provided in section 7 of this Rule, 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 fine.
Purpose of Preliminary Investigation

Generally, preliminary investigation has a three-fold purpose:
- To inquire concerning the commission of crime and the connection of accused
with it, in order that he may be informed of the nature and character to the crime
charged against him, and if there is probable cause of believing him guilty, that
the state may take the necessary steps to bring him to trial.
- To preserve the evidence and keep the witnesses within the control of the state:
and
- To determine the amount of bail, if the offense is bailable.
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OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION.
Sec. 2 Rule 112. Officers authorized to conduct preliminary investigations
 Provincial or City Prosecutors and their assistants

 Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
 National and Regional State Prosecutors and
 Other officers as may be authorized by law.
Their authority to conduct preliminary investigation shall all crimes cognizable by the
proper court in their respective territorial jurisdictions.
It should be noted that Sec.2 above the grants judges of municipal trial courts and
municipal circuit courts the authority to conduct preliminary investigations. By implication,
metropolitan trial judges in Manila and in chartered cities have been granted the authority to
conduct preliminary investigation, as the officers authorized to do so are the prosecutors.
COMPLAINT OR INFORMATION
SEC. 2 The complaint or information.– the complaint or information shall be in writing in
the name of the People of the Philippines and against all persons who appear to be responsible
for the offense involved.
COMPLAINT DEFINED
SEC. 3 Rule 110 Rules of Court Complaint defined.
 A complaint is a sworn written statement charging a persons with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with
the enforcement of the law violated.
INFORMATION DEFINED
SEC 4. INFORMATION DEFINED.
 An information is an accusation in writing charging a person with an offense , subscribed
by the prosecutor and filed with the court.
Elements of Complaint and Information

1. The name of the accused;
2. The designation of the offense committed;
3. The act or omission complained of;
4. The name of the offended party;
5. The approximate time of the commission of the offense; and
6. The place where the offense was committed.
DUTIES OF THE INVESTIGATING FISCAL

1. If the investigating fiscal finds cause to hold the respondent for trial, he shall prepare
the resolution and corresponding information.
2. He shall certify under oath that he has personally examined the complainant and his
witnesses, that there is reasonable ground to believe that a crime has been committed
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and that the accused is probably guilty thereof, that the accused was informed of the
complaint and of the evidence submitted against him and that he was given an
opportunity to submit controverting evidence.
3. In either case, he shall forward the records of the case to the provincial or city fiscal or
chief state prosecutor within 5 days from his resolution. The latter shall take
appropriate action thereon, within ten days from receipt thereof, immediately
informing the parties of said action.
4. No complaint or information may be filed or dismissed by an investigating fiscal without
prior written authority or approval of the provincial or city fiscal or chief state
prosecutor.
5. When the investigating assistant fiscal recommends the dismissal of the case but his
findings are reversed by the provincial or city fiscal or chief state on the ground that a
probable cause exists, the latter may, by himself, file the corresponding information
against the respondent or direct any other assistant fiscal or state prosecutor to do so,
without conducting another preliminary investigation.
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Unit V. 3rd Pillar: COURT
COURT
It is situated between the Prosecution and Correction. The court is the centerpiece of
the five pillars, 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
criminal law against defendants who commit crimes, but at the same time protecting the same
violations from the violation of their rights by criminal justice agents.
 Court – A body to which the public administration of justice is delegated, being a

tribunal assembled under authority of law at the appropriate time and place for the
administration of justice through which the state enforces its sovereign rights and
powers. It is an entity or body in which a portion of judicial power is vested.
o This pillar is responsible in conducting trial or court adjudication and impose
penalty if found guilty, otherwise render dismissal or acquittal of the case.
 Judge – A public officer so named in his commission and appointed to preside over and
to administer the law in a court of justice.
 Judicial Power – Power to apply the law to contests or disputes concerning a legally
recognized rights or duties between the state and private persons.
 Jurisdiction – It is the authority to hear and determine cases. It is the authority by which
judicial officers take cognizance and decide cases correctly or incorrectly.
 Venue – It is a geographical division in which an action is brought to trial or the place of
trial for criminal action. It is a territorial unit where the powers of the court were to be
exercised.
KNOWN COURTS IN ENGLAND

 SHIRE COURTS- handle more serious offenses in shires
 HUNDRED COURTS- handle minor matters in village composed of laypersons called
‘suitors’ and presided over by a ‘shire reeve’
 SEIGNORIAL COURTS- presided over the lords settle disputes among their tenants.
 BOROUGH COURTS- developed the law of Commerce.
THREE DISTICT ROYAL COURTS IN ENGLAND

 COURT OF THE EXCHEQUER- dealt with suits involving royal revenues
 COURT OF COMMON PLEAS- heard civil litigation between private citizens
 COURT OF KINGS BENCH- dealt with all major crimes.
TRIAL BY ORDEAL
It was believed that God’s protected the innocent and punished the guilty.
Ordeal is a term varying meaning closely related to the Medieval Latin. ‘deiindicum’ meaning
decisions.
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THE ROLES OF THE COURT IN THE SYSTEM:

 To settle actual controversies involving rights which are legally demandable and
enforceable.
 To determine whether there has been grave abuse of discretion amounting to lack of
excess of jurisdiction on the part of any branch of instrumentality of the government.
 To render authoritative judgments.
 The final arbiter for justice
 The frontline 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 and society.\
 It is to the court that everyone turns to for justice.
 It is twisted as a shield of innocence in the impartial guardian of every private civil
rights.
 It is in court that our citizens primarily feel the keen cutting edge of the law.
 The only constitution capable of identifying and maintaining the proper balance
between the conflicting rights of the state and society.
THREE IMPORTANT FUNCTIONS OF COURTS

 Resolves disputes that while offer routine are crucial to those involved
 Provide protection from illegal actions by government and individuals
 Occasionally resolve disputes of great political and social significances.
ORGANIZATION OF COURTS
1. REGULAR COURTS
The Philippine Judicial System consists of a hierarchy of courts assembling a pyramid
with the Supreme Court at the apex. Under the Judiciary Reorganization Act of 1980
otherwise known as the Batas Pambansa Big. 129 (Rep. Act No. 129), the other regular
courts are;
 INTERMEDIATE APPELATE COURT- this operates in ten (10) divisions, each
comprising five (5) member’s. The court sits in banc only to exercise
administrative, ceremonial or either non-adjudicatory functions;
 REGIONAL TRIAL COURT- one which is presided by 720 Regional Trial Judges in
each of the thirteen (13) regions of the court.
 METROPOLITAN TRIAL COURT- in each metropolitan area, established by law
area Municipal Trial Court in every city not forming a part of the Metropolitan
area; as well as a Municipal Circuit Trial Court in each area defined as a
municipal circuit comprising of one or more cities and/or one or more
municipalities grouped together according to law.
2. SPECIAL COURTS
Aside from the above-mentioned courts, there are also under present laws
some special courts. These are the following:
 COURT OF TAX APPEALS- created under the REP. ACT NO. 1125, as amended,
this special court has exclusive appellate jurisdiction to review on appeal the
decisions of the Commission of Internal Revenue involving internal revenue
taxes and decisions of the Commissioner of Customs involving customs duties.
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 SANDIGANBAYAN- the Constitution provides that the National Assembly shall

create a specialized court, popularly known as ‘ sandiganbayan’. The creation
was made possible by Presidential Decree No. 1606.
3. QUASI-JUDICIAL AGENCIES
There are administrative bodies under the executive branch performing quasi-
judicial functions, like the National Labor Relations Commission (NLRC), employees
Compensation Commission (ECC), Board of Transportation (BT) etc. and the
Independent Constitutional Commissions which do not form a part of the integrated
judicial system. The same is true of the court Martial pertains to the President as
Commander in Chief, independently of legislation to aid him property in commanding
the armed Forces and enforcing the required discipline.
4. BARANGAY COURTS
Presidential Decree No. 1508 dated June 11, 1978, creates in each barangay a
body to be known as ‘Lupong Tagapamayapa’ (Barangay Courts) which shall constitute a
system of amicably setting disputes at the barangay level, to help relieve the courts of
docket congestion and thereby enhance the quality of justice disposed by the courts.
Barangays as the term used in Presidential Decree No. 1508, refers not only to the
barrios which were declared barangays by Presidential Decree No. 557 but also to
barangays otherwise known as citizens Assemblies pursuant Presidential Decree No. 86.
KATARUNGANG PAMBARANGAY
 It was created by virtue of Presidential Decree 1608 on June 1978.
 Likewise, Republic Act #7160 (Local Government Code of 1991) integrated provisions to
strengthen Katarungang Pambarangay specially sections 399 – 422.
 It was created purposely to give the appropriate barangay chairman and barangay lupon
officials to amicably settle cases within their jurisdiction.
Amicable Settlement – It is the process of solving or settling disputes in a certain barangay.
Composition of Katarungang Pambarangay

1. Lupong Tagapamayapa (lupon)
- It is composed of ten to twenty members who have been chosen from
respected members of the barangay.
2. Pangkat Tagapagkasundo (Pangkat)
- It is composed of 3 selected members among the Lupong Tagapamayapa.
Cases or Disputes which are not the Subject Matter for Amicable Settlement
1. Where one party is the government; or any subdivision or instrumentality thereof;
2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions.
3. Offenses punishable by imprisonment exceeding one (1) year imprisonment, or a fine
exceeding Php 5,000.00;
4. Offenses where there is no private offended party;
5. Where the dispute involves real property located in different cities or municipalities,
unless the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon;
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6. Disputes involving parties who actually reside in barangays or different cities or

municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
lupon; and
7. Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the secretary of justice.
LEVEL OF HIERARCHY
In the Philippines the regular courts engaged in the administration of justice are
organized into four (4) levels. At the highest level is the Supreme Court and as above stated it is
in it and the lower courts- those at the three (3) other levels that judicial is vested. They are
collectively known as the judiciary. As thus organized, they comprise that is referred to as the
integrated judicial system. This system is depicted in the following.
1. FIRST LEVEL COURTS- at the first level are the metropolitan Trial Courts, the Municipal
Trial Courts in Cities/Municipalities, and Municipal Circuit 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.
2. SECOND LEVEL COURTS- at the second level are regional Trial Courts (RTCs). The
Philippines is divided into thirteen (13) regions; the National Capital Judicial Region. (The
Metro Manila Area) and twelve (12) others (group of two or more cities and provinces)
from Region 1 in the North to Region XII in Mindanao. In each region there is an RTC,
composed of several branches.
3. COURT OF APPEAL- at the third level is the Court of Appeal. It is essentially an Appellate
Court, reviewing cases appealed to it from regional trial courts.
4. SUPREME COURT- the Supreme Court is the highest court of the land. It is a review
court. It is the court of the court of the last resort, for no appeal lies from its judgments
and final orders. In jurisdiction over cases decided by the Court of Appeals or Regional
Trial Courts. As a rule only question of law may be raised as appeal.
5. EXTRA ORDINARY JURISDICTION- this involves cases of quite serious character such, for
instance, as where the lower court has acted without or in excess of its jurisdiction or
has gravely abused its discretion or unlawfully deprived a person of his liberty.
Jurisdiction of Courts
1. General – empowered to decide all disputes which may come before it, except those
assigned to other courts.
2. Limited – has authority to hear and determine only a few specified cases.
3. Original – try and decide a case for the first time.
4. Appellate – Take a case already heard and decided by a lower court removed from it by
appeal.
5. Exclusive – try and decide a case which cannot be presented before any other court.
6. Concurrent – two or more courts may take cognizance of a case
7. Criminal – it exists for the punishment of a crime.
8. Civil – it exist when the subject matter is not a criminal offense.
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Delegated Jurisdiction – Power to hear and determine cases by authority of court vested by
original jurisdiction over the case delegated.
Territorial Jurisdiction – Power to hear and decide cases falling within a territorial limit.
Summary Procedure – Refers to proceedings whereby criminal cases are speedily decided or
resolved.
Bail – It is the security required by court and given for the provisional or temporary release of a
person who is in the custody of the law conditioned upon his appearance before any court as
required under the conditions specified.
Forms of Bail
1. Corporate Surety
2. Cash Bond
3. Property Bond
4. Recognizance
COURT ROOM WORK GROUP

 COURT ADMINISTRATORS – created through P.D. 828 in 1975, the Office of the Court
Administrator (OCA) was established to help the Supreme Court in its administrative
supervision over all the courts in the country.
 DEPUTY COURT ADMINISTRATOR - they will assist the Court Administrators in
supervising over 2,600 judges and 25, 000 court personnel across the country. They are
assigned to supervise trial courts in certain regions.
 COURT CLERKS-the clerk shall exercise powers and perform duties in regard to all
matters within its jurisdiction.
 PRESIDING JUDGE – a person who is hearing and presiding over a trial.
 COURT SHERIFF- perform a variety of duties including maintaining order in the court
announcing judge entry into the courtroom calling witnesses controlling defendants and
supervising juries and serves summons.
 COURT DECONGESTION OFFICER – a person trained to handle the decongestion of the
court dockets of heavily burdened courts.
 COURT REPORTERS- sometimes referred to as court stenographers, these people report
everything said in court. The reporter shall prepare and publish with each reported
decision a concise synopsis of the facts necessary to a clear understanding of the case.
OTHER FUNCTIONS OF THE COURT

 DISCIPLINARY POWERS
- Supreme court
- The court of appeals
 QUASI-LEGISLATIVE OR RULE MAKING POWER
- The protection and enforcement of constitutional rights
- Pleading practice and procedure in all courts
- The admission to the practice of law
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- The integrated bar

- Legal assistance to the under privileged
STAGES COURT PROCEEDINGS (CRIMINAL ACTIONS)

1. POLICE INVESTIGATION
- Arrest
- Warrant less arrest
- Right of person under custodial investigation
2. PREMILINARY INVESTIGATION
- It is the stage at which the public Prosecutor evaluates the findings of the Police
to determine if prosecution of the suspect in court is warranted.
3. CRIMINAL ACTION PROPER
- Warrant less of arrest
- Arraignment – cannot be waived
- Pre-trial- expedite disposition of trials
- Trial
- Judgment- promulgate by reading it to the accused in open court.
Arraignment – It is made on the first day of the trial wherein there is the reading of the case and
the accused enters a plea.
Pre-trial – It is a conference undertaken among litigants and their respective lawyers with the
judge for the purpose of considering such other matters:
1. Plea bargaining
2. Stipulation of facts
3. admission of facts
4. marking documentary evidence
5. waiver of objection to the admissibility of evidence
Plea Bargaining – The process whereby the accused and the prosecution work out a satisfactory
disposition of the case subject to court approval. It usually involves the accused pleading guilty
to a lesser offense or to only one or some counts of several charges in return for a lighter
penalty.
Trial – It is the examination done before a competent tribunal, according to the laws of the land,
of the facts in issue in a cause, for the purpose of determining such issue. The process by which
the offended party represented by the public prosecutor/private prosecutor to present all their
evidence to prove that the offense charged was committed by the accused and that the
offended party suffered damages, the accused will also present his evidence to prove his
innocence or to seek a lighter penalty.
Promulgation of Judgment – It is reading of the judgment given to the accused.
Decision – Is a judgment by a court of justice or other competent tribunals after the

presentation of proof in an ordinary or criminal case upon stipulation of facts upon which the
disposition of the case is based.
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Appeal – Elevation of the decision of the lower court to the higher court for purposes of review.
JURISDICTION
Jurisdiction is the authority to hear the right to act in case. It is the power of the judges
to administer justice, that is, to try and decide the cases in accordance with laws.
In order for a court to have authority to have a particular case, it must have jurisdiction
of the following;
- The subject matter
- The person of the accused
- The territory where the offense was committed.
THE ELEMENTS OF JURISDICTION IN CRIMINAL CASES ARE:

 Jurisdiction over subject matter -must be distinguished from personal jurisdiction,
which is the power of a court to render a judgment against a particular defendant,
and territorial jurisdiction, which is the power of the court to render a judgment
concerning events that have occurred within a well-defined territory. Unlike personal or
territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment
from a court that did not have subject-matter jurisdiction is forever a nullity. To decide a
case, a court must have a combination of subject and either personal or territorial
jurisdiction.
 Territorial jurisdiction-refers to a court's power over events and persons within the
bounds of a particular geographic territory. If a court does not have territorial
jurisdiction over the events or persons within it, then the court cannot bind the
defendant to an obligation or adjudicate any rights involving them. Territorial
jurisdiction is to be distinguished from subject-matter jurisdiction, which is the power of
a court to render a judgment concerning a certain subject matter, or personal
jurisdiction, which is the power of a court to render a judgment concerning particular
persons, wherever they may be. Personal jurisdiction, territorial jurisdiction, subject-
matter jurisdiction, and proper notice to the defendant are prerequisites for a valid
judgment.
TYPES OF JUDICIAL POWER

Judicial powers can fall into several different categories. Here are some examples of
judicial powers:
 Original Jurisdiction: This is when a court is first hearing a case. This court is then said to
have original jurisdiction.
 Appellate Jurisdiction: This is when a case has been appealed (the original decision
questioned) and another court hears the case.
 Redress: This term refers to dealing with damages and relief.
 Diversity Jurisdiction: The ability of federal courts to hear cases involving people from
different states.
 Subject Matter Jurisdiction: Federal courts have jurisdiction of cases involving federal
law.
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Judicial powers are subject to certain limited constraints including:

 Precedent: Precedent is based on findings and law from prior cases. Lower courts must
follow precedent set by higher courts. For example, if the U.S. Supreme Court says that
the constitution protects abortion in Roe v. Wade, all lower courts must abide by that
ruling.
 Stare Decisis: This means "Stand on the Decision." This refers to the concept that courts
should rely on precedent rather than changing law.
Courts are allowed to exercise judicial power in order to change or nullify laws that are
not in line with others (such as state laws vs. federal laws or international laws) or if laws are not
in line with the constitution. The Supreme Court is always considered the highest court in the
Philippines.
DIFFERENT JURISDICTION OF COURTS
 JURISDICTION OF THE SUPREME COURT (SEC 5 ART. VIII OF THE 1987 CONSTITUTION.)
Exercise original jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
1. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
a) All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b) All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c) All cases in which the jurisdiction of any lower court is in issue.
d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e) All cases in which only an error or question of law is involved.
2. Assign temporarily judges of lower courts to other stations as public interest may
require. Such temporary assignment shall not exceed six months without the consent of
the judge concerned.
3. Order a change of venue or place of trial to avoid a miscarriage of justice.
4. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law
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 JURISDICTION OF THE COURT OF APPEALS (SEC 9 OF THE JUDICIARY ACT OF 1980 BP BIG.
129)
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its
appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final judgments, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or
commission, including the Securities and Exchange Commission, the Social Security
Commission, the Employees Compensation Commission and the Civil Service
Commission, Except those falling within the appellate jurisdiction of the Supreme Court
in accordance with the Constitution, the Labor Code of the Philippines under
Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of
Section 17 of the Judiciary Act of 1948.
 JURISDICTION OF THE REGIONAL TRIAL COURT

Exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any
court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of
the Sandiganbayan.
1. All criminal cases where the penalty is higher than 6 years, including government-
related cases wherein the accused in not one of those falling under the jurisdiction of
the Sandiganbayan is within the jurisdiction of the RTC.
2. Other laws which specifically lodge jurisdiction in the RTC
a. Laws on written defamation or libel
b. Decree on Intellectual Property
c. Dangerous Drugs Cases except where the offenders are
below 16 years and there are Juvenile and Domestic Relations Courts in the
province
3. Appellate jurisdiction over all cases decided by MTCs in their respective territorial
jurisdiction
4. In areas where there are no family courts, the cases falling under the jurisdiction of
family courts shall be adjudicated by the RTC
 JURISDICTION OF THE SANDIGANBAYAN (SEC 4)

A. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft
and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code, where one or more of the accused are officials
occupying the following positions in the government, whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade ’27’ and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
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a) Provincial governors, vice-governors, members of the sangguniang

panlalawigan, and provincial treasurers, assessors, engineers, and other
provincial department heads:
b) City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors, engineers, and other city department heads;
c) Officials of the diplomatic service occupying the position of consul and
higher;
d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;
e) Officers of the Philippine National Police while occupying the position
of provincial director and those holding the rank of senior
superintendent and higher;
f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
g) Presidents, directors or trustees, or managers of government-owned or
controlled corporations, state universities or educational institutions or
foundations.
2. Members of Congress and officials thereof classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989;
3. Members of the judiciary without prejudice to the provisions of the
Constitution;
4. Chairmen and members of the Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
5. All other national and local officials classified as Grade ’27’ and higher under the
Compensation and Position Classification Act of 1989.
B. Other offenses or felonies whether simple or complexed with other crimes committed
by the public officials and employees mentioned in subsection a. of this section in
relation to their office.
C. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.
Provided, that the Regional Trial Court shall have exclusive original jurisdiction where
the information: (a) does not allege any damage to the government or any bribery; or
(b) alleges damage to the government or bribery arising from the same or closely related
transactions or acts in an amount not exceeding One million pesos (P1,000,000.00).
Subject to the rules promulgated by the Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this section shall be tried in a judicial region
other than where the official holds office.
In cases where none of the accused are occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758, or military and PNP
officers mentioned above, exclusive original jurisdiction thereof shall be vested in the
proper regional trial court, metropolitan trial court, municipal trial court, and municipal
circuit trial court, as the case may be, pursuant to their respective jurisdictions as provided
in Batas Pambansa Blg. 129, as amended.
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The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the
issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and
other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in cases filed or which may
be filed under Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
In case private individuals are charged as co-principals, accomplices or accessories with

the public officers or employees, including those employed in government-owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.
Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal
action and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: Provided, however, That
where the civil action had heretofore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court, as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned.
 JURISDICTION OF THE MUNICIPAL TRIAL COURTS (SEC 32 OF THE JUDICIARY ACT OF 1980)
Sec. 32.Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Criminal Cases. – Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
2. Exclusive original jurisdiction over all offenses punishable with imprisonment
not exceeding six (6) years irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties, including the civil liability arising
from such offenses or predicated thereon, irrespective of kind, nature, value or
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amount thereof: Provided, however, That in offenses involving damage to

property through criminal negligence, they shall have exclusive original
jurisdiction thereof.
 JURISDICTION OF METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURTS AND

MUNICIPAL CIRCUIT TRIAL COURT IN CIVIL CASES
1. Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
2. Exclusive original jurisdiction over all offenses punishable with imprisonment
not exceeding six (6) years irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties, including the civil liability arising
from such offenses or predicated thereon, irrespective of kind, nature, value or
amount thereof: Provided, however, That in offenses involving damage to
property through criminal negligence, they shall have exclusive original
jurisdiction thereof.
 JURISDICTION OF THE BARANGAY COURT

Offenses punishable by the revised penal code cognizable by the lupon includes:
1. Alarm and scandals (art.155)
2. Uses of false certificates (art. 175)
3. Physical injuries committed in a tumultuous affray (art.252)
4. Slight slander (art. 358)
5. Other mischief’s (art 329)
6. Arson and property of small value (art.323)
TEST OF JURISDICTION
 In criminal cases the test of jurisdiction is the principal penalty
 In civil cases the basis of jurisdiction is the amount claimed in the complainant.
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Unit VI. 4th Pillar: CORRECTION
CORRECTIONS - also known as a penal system, thus refers to a network of agencies that
administer a jurisdiction's prisons and community-based programs like parole and probation
boards;. This system is part of the larger criminal justice system, which additionally includes
police, prosecution and courts and community-based programs:
 Maintaining
 Protecting
 Reforming
 Deterring
 Reintegration
"Corrections" 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 the
fence — the unwilling subjects of the correctional process. Stohr and colleagues (2008) write
that "Earlier scholars were more honest, calling what we now call corrections by the
name penology, which means the study of punishment for crime.
Concept of Correction
The branch of Criminal Justice System concerned with the custody, supervision and
rehabilitation of criminal offenders. It is the field of criminal justice administration which utilizes
the body of knowledge and practices of the government and the society in general involving the
process of handling individuals who have been convicted of offenses for the purpose of crime
prevention and control.
The Three Aims of Correction Reforms

1. To provide judges with more options to deal with offenders through the use of
probation, day fines, commitment to community treatment centers, pre-trial release
and other measures short of imprisonment.
2. Improving condition in prison and jails, including decongestion, improved housing, more
effective medical, educational, vocational training, and rehabilitation program services.
3. Establishing an integrated correctional system that will ensure the development of a
unified philosophy of treatment, implementation of uniform standards and policies,
effective programs planning and development and efficient delivery of services to
offenders while at the same time protecting the interest and welfare of the society.
In Addition, the Bureau of Prison is entrusted with Two Broad Goals

a) To segregate from society persons who by their acts have proven themselves
dangerous to the society.
b) To strive at the correction of these prisoners with the hope that when they return to
society, they shall be able to lead normal, well-adjusted, self-supporting and useful
lives as useful and law-abiding citizens.
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Punishment – The redress that the state takes against an offending member of the
society that usually involves pain and suffering.
Penalty – It refers to the consequences that follow the transgression of laws. The
judicial punishment for crime or violation of laws.
Imprisonment – It is the state or condition of being constrained, restrained or

incarcerated in room or a building. It is actually a form of conventional punishment of criminal
offenders.
Prison – It is penitentiary, an institution for the confinement of persons convicted of

major/heinous crimes.
Prisoner – A person who is under the custody of a lawful authority. A person who by
reason of his criminal sentence or by a decision issued by a court, may be deprived of his liberty
or freedom.
- Any person detained/confined in jail or prison for the commission of a criminal
offense or convicted and serving in a penal institution
Jail – A place for locking-up of persons who are convicted of minor offenses imposed
upon them by a competent court, or for confinement of persons who are awaiting trial or
investigation of their cases.
Types of Jails
1. Lock-up jails – is a security facility, common to police stations used for temporary
confinement of an individual held for investigation.
2. Ordinary Jails – is the type of jail commonly used to detain a convicted criminal offender
to serve sentence less than three years.
3. Workhouse, Jail Farms or Camp – A facility that houses minimum custody offenders
who are serving short sentences or those who are undergoing constructive work
programs.
Release – The stage wherein the convict after serving his sentence or period of
probation or parole is finally granted the right of a freeman by restoring his entire constitutional
and civil rights taken from him as a result of the commission of crime.
AGENCIES UNDER THIS PILLAR

 Bureau of Correction (BuCor) under DOJ
 Provincial Jail under the Governors
 Municipal/City Jails under the BJMP
 Parole and Probation Administration (PPA) under the DOJ
 Board of Pardons And Parole (BPP) under the DOJ
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REHABILITATION SERVICES
TREATMENT PROGRAM- the Philippine Prison System adopted two approaches in
treating criminal offenders. These are the institution based treatment programs and the
community based treatment programs.
 The institutionalized treatment programs:
 Provisions for basic needs of inmates
 Health services
 Education and skill training
 Religious services guidance and counseling services
 Recreation, sports and entertainment
 Work programs such as livelihood projects
 Visitation services
 Mail services
 Community based programs

 Probation- in criminal law is a period of supervision over an offender, ordered
by the court instead of serving time in prison. In some jurisdictions, the term
probation applies only to community sentences (alternatives to incarceration),
such as suspended sentences.
 Parole-allows a prisoner to serve part of their sentence of imprisonment in the
community. While on parole, a prisoner will be subject to parole conditions and
under supervision.
 Pardon- is a government decision to allow a person who has been convicted of a
crime to be free and absolved of that conviction, as if he or she were never
convicted.
 Amnesty- A pardon extended by the government to a group or class of persons,
usually for a political offense; the act of a sovereign power officially forgiving
certain classes of persons who are subject to trial but have not yet been
convicted. It includes more than pardon, inasmuch as it obliterates all legal
remembrance of the offense. Amnesty is more and more used to express
"freedom" and the time when prisoners can go free.
 Commutation of sentence -an act of the president changing/reducing a heavier
sentence to a lighter one or longer term into a shorter term.
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Unit VII. 5th Pillar: THE COMMUNITY
Concept
The Filipino community produces our law enforcers (policemen, traffic enforcers, NBI
agents, PDEA agents, COA auditors, Ombudsman fact-finding investigators, etc.); prosecutors
(DOJ and Ombudsman prosecutors/investigators); judges (Municipal Trial Courts, Regional Trial
Courts and Sharia Courts); justices (Sandiganbayan, Court of Tax Appeals and the Supreme
Court); and correction officials and personnel (municipal jails, provincial jails, city jails, the
Bureau of Corrections [Muntinlupa] and other correctional facilities).
A rotten community will always produce rotten law enforcers, prosecutors, judges,
justices and correction officials. The spring cannot rise above its source.
Members of the community are also the victims of crimes, direct or indirect. They are
also the beneficiaries of an efficient and effective criminal justice system in the form of a
peaceful and fear-free environment.
The community is also the greatest source of information about the commission of a
crime. It is from the community that most witnesses come, including victims and whistle-
blowers.
Most crimes against property (theft, robbery, etc.) are dismissed because the victim
does not testify in court, especially when the stolen property is recovered. Hence, thieves and
robbers are set free, free again to steal and rob.
The Community refers to the civilian populace in municipalities or public in general, and
can be used interchangeably with public, citizenry, society, or private sector.
What makes the Community as a Pillar?

1. Family – Refers to the basic social group united through bonds of kinship or marriage,
present in all societies. It is the primary institution that molds a child to become a law
abiding person or a delinquent.
2. School – The second integral stage of the behavioral/social development process is the
school. It is said that the school is an extension of the home having the strategic position
to control crime and delinquency. It exercises authority over every child that enters its
jurisdiction. The teachers are considered second parents having the responsibility to
mold the child to become productive members of the community by devoting energies
to study the child’s behavior using all available scientific means and devices in an
attempt to provide each the kind and amount of education they need.
3. Church – The church is the institution that provides a place for public worship and the
services needed to enhance the spiritual and moral character of an individual. The
church influences people’s behavior with the emphasis on morals and life’s highest
spiritual values, the worth and dignity of the individual, and respect for people’s lives
and properties. The church generates a strong will of the people to oppose crime and
delinquency.
4. Mass Media – It is the best institution for information dissemination thereby giving an
opportunity to the public to know the necessary facts of life that help them shape their
daily views about crime and its control.
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5. Non-Government Organization – NGO’s are private organizations that are civic oriented
and thus promote peaceful and productive society. These are groups of concerned
individuals responsible for helping the government to pursue community development.
They serve as partners of the government institutions in providing common services for
public good and welfare, thus preventing criminality and maintaining peace and order.
Two (2) Fold Roles of the Community as a Pillar of CJS

1. To participate in Law Enforcement Activities.
2. To participate in the promotion of Peace and Order
Community Relations and the Criminal Justice System

Members of the public interact with the criminal justice system in a variety of ways. This
document will examine the stages of the process which an individual will encounter from the
time a crime is reported, through investigation to prosecution, court hearing and sentencing.
For most people, however, direct engagement with the criminal justice system on an individual
basis is an infrequent event. Nevertheless, the relationship between members of the community
and the system in a broader sense has an on-going significance for everyone in society. It also
has important implications for the effective and credible operation of that system.
ROLE OF THE COMMUNITY IN THE REFORMATION AND REHABILITATION OF OFFENDERS

Modern society considers various objectives in order to control crime and it considers
imprisonment a means to attain the twin aims, i.e., reform and treatment of the criminals so
that they will commit no crime after their release. Society also seeks protection from criminals
and for this purpose prison isolates criminals from the community for a certain time.
The process of rehabilitation and reformation has to take care of both the offender and
the victim. The scope of rehabilitation and reformation cannot be confined to either the
offender or to the victim. If we consider the interest of the offender alone then it would give rise
to extreme dissatisfaction among the victims and they may not feel satisfied with the
performance and officiousness of the criminal justice system. Similarly, too much emphasis on
the rehabilitation of victim may not be practical and effective since the offender may not be in a
position to pay the required compensation to the victim and thus has to undergo imprisonment
in default of such payment. Thus, rehabilitative and reformative techniques have to take care of
the interests of both the offenders and the victims.
There may be various theories of punishment, but none of them is individually sufficient
enough to eliminate crime from the society. The need of the hour is to maintain a delicate and
optimum equilibrium between the various theories. The primary responsibility to achieve this
noble purpose lies upon the judiciary. The law courts are required to keep this objective in mind
while dealing with the criminals or deviants. Further, law cannot stand still; it must change with
the changing social concepts and values. The courts are required to keep in mind these two
essential mandates. Thus, whether to apply which type of theory would depend upon facts and
circumstances of each case but the ultimate aim of the courts should be to do complete justice
to the society, victim and the offender.
HENCE- two process enforcement and the development of attitudes favorable to law
observance cannot be completely separated with the police free to choose one and reject the
other. The police because of its jurisdiction may attempt to accomplish its purpose by
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enforcement with no attention to positively motivated compliance which uses a minimum

enforcement on individual and when other methods fail.
Objectives of police community relations

- To maintain and develop the goodwill and confidence for the services
- To obtain public cooperation and assistance
- To develop public understanding, support and appreciation for the services of the police
- To gain a broader understanding of an sympathy for the problems and needs for the
police
- To facilitate law enforcement and law compliance
- To build opinion in favor of the police
- To achieve the police purpose on preserving peace and protecting life and property and
the prevention of crime.
Principle of police community relations

a) Public support must be maintained, every policeman shall be worthy of the public high
trust if he does his job well. He shall appear able and willing to serve all
b) Public resentment must be avoided. The policeman shall always bear in mind the
interest of the public and shall develop friendly relation by his good conduct. He shall
avoid any occasion to humiliate embarrass annoy or cause inconvenience to any
individual.
c) Public goodwill must be developed. The policeman must be courteous fair and quick to
assist individuals in the solution of their problems.
d) The public must be kept informed on regulations and policies. The police must inform
the public on the regulation and policies of the police force and the reason for their
adoption.
THE KATARUNGANG PAMBARANGAY

(Republic Act 7160)
WHAT IS THE CONCEPT OF THE KATARUNGANG PAMPABARANGAY?

It is operated by the smallest of the local government units, the barangay, and is
overseen by the barangay captain, the highest elected official of the barangay and its executive.
The barangay captain sits on the Lupon Tagapamayapa along with other barangay residents,
which is the committee that decides disputes and other matters. They do not constitute a court
as they do not have judicial powers.
OBJECTIVES OF KP:
- To promote speedy administration of justice
- To predate the time honored tradition of setting disputes amicably for the maintenance
of peace and order.
- To implement the constitutional mandate, preserve and develop Filipino culture
- To relieve the courts of docket congestion and thereby enhance the quality of justice
dispensation.
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SALIENT FEATURES OF THE KP:

 It makes barangay settlement a pre-requisite to bringing of suit to the regular courts of
justice. This will ensure that all disputes with certain exceptions must go through the
conciliation process. Hence, only that are truly irresponsible will be kept for formal
resolution.
 Parties may not be represented by counsel or anyone else. This is designed to make the
proceedings simple and inexpensive as to be available to all, and also facilities amicable
settlement.
SECTION 412, RA 7160- ‘No complaint, petition, action, or proceeding involving any
matter within the authority of the lupon shall be filed or instituted directly in court or any other
government office for adjudication, unless there has been a confrontation between the parties
before the lupon chairman or the Pangkat, and that no conciliation or settlement has been
reached as certified by the lupon secretary or Pangkat secretary as attested to by the lupon or
Pangkat chairman or unless the settlement has been repudiated by the parties thereto.’
 REPUBLIC ACT NO. 7160- the Local Government Code of 1991
 SIGNIFICANT CONTENTS OF RA 7160 ARE KATARUNGANG PAMBARANGAY – Chapter VII

sec. 399-422 of RA 7160 superseded the law on Katarungang Pambarangay.
LUPONG TAGAPAMAYAPA (LT)
COMPOSITON AND CONSTITUTION OF THE LT (SEC. 399)

a. There is hereby created in each barangay a Lupong Tagapamayapa, hereinafter referred
to as the lupon, composed of the punong barangay, as chairman and ten (10) to twenty
(20) members. The lupon shall be constituted every three (3) years in the manner
provided herein.
B. Any person actually residing or working, in the barangay, not otherwise expressly
disqualified by law, and possessing integrity, impartiality, independence of mind, sense
of fairness, and reputation for probity, may be appointed a member of the lupon.
C. A notice to constitute the lupon, which shall include the names of proposed members
who have expressed their willingness to serve, shall be prepared by the punong
barangay within the first fifteen (15) days from the start of his term of office. Such
notice shall be posted in three (3) conspicuous places in the barangay continuously for a
period of not less than three (3) weeks;
D. The punong barangay, taking into consideration any opposition to the proposed
appointment or any recommendations for appointment as may have been made within
the period of posting, shall within ten (10) days thereafter, appoint as members those
whom he determines to be suitable therefor. Appointments shall be in writing, signed
by the punong barangay, and attested to by the barangay secretary.
E. The list of appointed members shall be posted in three (3) conspicuous places in the
barangay for the entire duration of their term of office; and
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F. In barangays where majority of the inhabitants are members of indigenous cultural

communities, local systems of settling disputes through their councils of datus or elders
shall be recognized without prejudice to the applicable provisions of this Code.
OATH AND TERM OF OFFICE (SEC. 400)

Upon appointment, each lupon member shall take an oath of office before the punong
barangay. He shall hold office until a new lupon is constituted on the third year following his
appointment unless sooner terminated by resignation, transfer of residence or place of work, or
withdrawal of appointment by the punong barangay with the concurrence of the majority of all
the members of the lupon.
VACANCIES (SEC.401)
Should a vacancy occur in the lupon for any cause, the punong barangay shall
immediately appoint a qualified person who shall hold office only for the unexpired portion of
the term.
FUNCTIONS OF THE LUPON (SEC. 402)

The lupon shall:
a) Exercise administrative supervision over the conciliation panels provided herein;
b) Meet regularly once a month to provide a forum for exchange of ideas among its
members and the public on matters relevant to the amicable settlement of disputes,
and to enable various conciliation panel members to share with one another their
observations and experiences in effecting speedy resolution of disputes; and
c) Exercise such other powers and perform such other duties and functions as may be
prescribed by law or ordinance.
SECRETARY OF THE LUPON ( SEC. 403)

The barangay secretary shall concurrently serve as the secretary of the lupon. He shall
record the results of mediation proceedings before the punong barangay and shall submit a
report thereon to the proper city or municipal courts. He shall also receive and keep the records
of proceedings submitted to him by the various conciliation panels.
PANGKAT NG TAGAPAGSUNDO (SEC. 404)

 There shall be constituted for each dispute brought before the lupon a
conciliation panel to be known as the Pangkat Tagapagkasundo, hereinafter referred to
as the Pangkat, consisting of three (3) members who shall be chosen by the parties to the
dispute from the list of members of the lupon.
Should the parties fail to agree on the Pangkat membership, the same shall be
determined by lots drawn by the lupon chairman.
 The three (3) members constituting the Pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare the minutes of
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the Pangkat proceedings and submit a copy duly attested to by the chairman to the lupon
secretary and to the proper city or municipal court. He shall issue and cause to be served
notices to the parties concerned.
The lupon secretary shall issue certified true copies of any public record in his
custody that is not by law otherwise declared confidential.
VACANCIES IN THE PANGKAT (SEC 405)

Any vacancy in the Pangkat shall be chosen by the parties to the dispute from among
the other lupon members. Should the parties fail to agree on a common choice, the vacancy
shall be filled by lot to be drawn by the lupon chairman.
CHARACTER OF OFFICE AND SERVICES OF LUPON MEMBERS (SEC. 406)

a) The lupon members, while in the performance of their official duties or on the occasion
thereof, shall be deemed as persons in authority, as defined in the Revised Penal Code.
b) The lupon or Pangkat members shall serve without compensation, except as provided
for in Section 393 and without prejudice to incentives as provided for in this Section and
in Book IV of this Code. The Department of the Interior and Local Government shall
provide for a system of granting economic or other incentives to the lupon or Pangkat
members who adequately demonstrate the ability to judiciously and expeditiously
resolve cases referred to them. While in the performance of their duties, the lupon or
Pangkat members, whether in public or private employment, shall be deemed to be on
official time, and shall not suffer from any diminution in compensation or allowance
from said employment by reason thereof.
LEGAL ADVISE ON MATTERS INVOLVING QUESTION OF LAW (SEC. 407)

The provincial, city legal officer or prosecutor or the municipal legal officer shall render
legal advice on matters involving questions of law to the punong barangay or any lupon or
Pangkat member whenever necessary in the exercise of his functions in the administration of
the katarungang pambarangay.
OTHER CASES COGNIZABLE BY THE LUPON AND EXCEPTIONS (SEC. 408)

The lupon of each barangay shall have authority to bring together the parties actually
residing in the same city or municipality for amicable settlement of all disputes except:
a) Where one party is the government, or any subdivision or instrumentality
thereof;
b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
d) Offenses where there is no private offended party;
e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate lupon;
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f) Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by an
appropriate lupon;
g) Such other classes of disputes which the President may determine in the
interest of Justice or upon the recommendation of the Secretary of Justice.
The court in which non-criminal cases not falling within the authority of the lupon under
this Code are filed may, at any time before trial motupropio refer the case to the lupon
concerned for amicable settlement.
VENUE (SEC. 409)

a) Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the lupon of said barangay.
b) Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of
the respondents actually resides, at the election of the complaint.
c) All disputes involving real property or any interest therein shall be brought in
the barangay where the real property or the larger portion thereof is situated.
d) Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study, shall be brought in the
barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the punong
barangay; otherwise, the same shall be deemed waived. Any legal question which may confront
the punong barangay in resolving objections to venue herein referred to may be submitted to
the Secretary of Justice, or his duly designated representative, whose ruling thereon shall be
binding.
PROCEDURE FOR AMICABLE SETTLEMENT (SEC.410)

a) Who may initiate proceeding - Upon payment of the appropriate filing fee, any
individual who has a cause of action against another individual involving any
matter within the authority of the lupon may complain, orally or in writing, to the
lupon chairman of the barangay.
b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon chairman
shall within the next working day summon the respondent(s), with notice to the
complainant(s) for them and their witnesses to appear before him for a mediation
of their conflicting interests. If he fails in his mediation effort within fifteen (15)
days from the first meeting of the parties before him, he shall forthwith set a date
for the constitution of the Pangkat in accordance with the provisions of this
Chapter.
c) Suspension of prescriptive period of offenses - While the dispute is under
mediation, conciliation, or arbitration, the prescriptive periods for offenses and
cause of action under existing laws shall be interrupted upon filing the complaint
with the punong barangay. The prescriptive periods shall resume upon receipt by
the complainant of the complainant or the certificate of repudiation or of the
43
certification to file action issued by the lupon or Pangkat secretary: Provided,

however, That such interruption shall not exceed sixty (60) days from the filing of
the complaint with the punong barangay.
d) Issuance of summons; hearing; grounds for disqualification - The Pangkat shall
convene not later than three (3) days from its constitution, on the day and hour set
by the lupon chairman, to hear both parties and their witnesses, simplify issues,
and explore all possibilities for amicable settlement. For this purpose, the Pangkat
may issue summons for the personal appearance of parties and witnesses before it.
In the event that a party moves to disqualify any member of the Pangkat by reason
of relationship, bias, interest, or any other similar grounds discovered after the
constitution of the Pangkat, the matter shall be resolved by the affirmative vote of
the majority of the Pangkat whose decision shall be final. Should disqualification be
decided upon, the resulting vacancy shall be filled as herein provided for.
e) Period to arrive at a settlement - The Pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15) days from the day it convenes in
accordance with this section. This period shall, at the discretion of the Pangkat, be
extendible for another period which shall not exceed fifteen (15) days, except in
clearly meritorious cases.
FORM OF SETTLEMENT (SEC.411)

All amicable settlements shall be in writing, in a language or dialect known to the
parties, signed by them, and attested to by the lupon chairman or the Pangkat chairman, as the
case may be. When the parties to the dispute do not use the same language or dialect, the
settlement shall be written in the language known to them.
CONCILIATION (SEC. 412)

a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or
proceeding involving any matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office for adjudication, unless
there has been a confrontation between the parties before the lupon chairman or
the Pangkat, and that no conciliation or settlement has been reached as certified
by the lupon secretary or Pangkat secretary as attested to by the lupon or Pangkat
chairman or unless the settlement has been repudiated by the parties thereto.
b) Where Parties May Go Directly to Court. - The parties may go directly to court in
the following instances:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property
and support pendentelite; and
4. Where the action may otherwise be barred by the statute of
limitations.
c) Conciliation among members of indigenous cultural communities. - The customs
and traditions of indigenous cultural communities shall be applied in settling
disputes between members of the cultural communities.
44
ARBITRATION (SEC.413)
a) Pre-condition to Filing of Complaint in Court. - No complaint, petition, action, or
proceeding involving any matter within the authority of the lupon shall be filed or
instituted directly in court or any other government office for adjudication, unless
there has been a confrontation between the parties before the lupon chairman or
the Pangkat, and that no conciliation or settlement has been reached as certified
by the lupon secretary or Pangkat secretary as attested to by the lupon or Pangkat
chairman or unless the settlement has been repudiated by the parties thereto.
b) Where Parties May Go Directly to Court. - The parties may go directly to court in
the following instances:
1. Where the accused is under detention;
2. Where a person has otherwise been deprived of personal liberty
calling for habeas corpus proceedings;
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property
and support pendentelite; and
4. Where the action may otherwise be barred by the statute of
limitations.
c) Conciliation among members of indigenous cultural communities. - The customs
and traditions of indigenous cultural communities shall be applied in settling
disputes between members of the cultural communities.
PROCEEDINGS OPEN TO THE PUBLIC (SEC.414)

All proceedings for settlement shall be public and informal: Provided, however, That the
lupon chairman or the Pangkat chairman, as the case may be, may motuproprio or upon request
of a party, exclude the public from the proceedings in the interest of privacy, decency, or public
morals.
APPEARANCE OF PARTIES IN PERSON (SEC. 415)

In all katarungang pambarangay proceedings, the parties must appear in person
without the assistance of counsel or representative, except for minors and incompetents who
may be assisted by their next-of-kin who are not lawyers.
EFFECT OF AMICABLE SETTLEMENT AND ARBITRATION (SEC.416)

The amicable settlement and arbitration award shall have the force and effect of a final
judgment of a court upon the expiration of ten (10) days from the date thereof, unless
repudiation of the settlement has been made or a petition to nullify the award has been filed
before the proper city or municipal court.
EXECUTION (SEC. 417)

The amicable settlement or arbitration award may be enforced by execution by the
lupon within six (6) months from the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city or municipal court.
45
REPUDIATION (SEC.418)
Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a statement to that effect sworn to before
him, where the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be
sufficient basis for the issuance of the certification for filing a complaint as hereinabove
provided.
TRANSMITTAL OF SETTLEMENT AND ARBITARTION AWARD TO THE COURT (SEC. 419)

Award to the Court. - The secretary of the lupon shall transmit the settlement or the
arbitration award to the appropriate city or municipal court within five (5) days from the date of
the award or from the lapse of the ten-day period repudiating the settlement and shall furnish
copies thereof to each of the parties to the settlement and the lupon chairman.
POWER TO ADMINISTER OATHS (SEC.420)

The punong barangay, as chairman of the Lupong Tagapamayapa, and the members of
the Pangkat are hereby authorized to administer oaths in connection with any matter relating to
all proceedings in the implementation of the katarungang pambarangay.
ADMINISTRATION RULES AND REGULATIONS (SEC.421)

The city or municipal mayor, as the case may be, shall see to the efficient and effective
implementation and administration of the katarungang pambarangay. The Secretary of Justice
shall promulgate the rules and regulations necessary to implement this Chapter.
APPROPRIATIONS (SEC.422)
Such amount as may be necessary for the effective implementation of the katarungang
pambarangay shall be provided for in the annual budget of the city or municipality concerned.

Notes CJS

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--Compiled by: PhilCST CRIMINOLOGY STUDENTS USE ONLY Introduction to Philippine Criminal Justice System

BASIC CONCEPTS OF CRIMINAL JUSTICE SYSTEM

Biblical Principles Old Covenant

Deuteronomy 17:12-13- deterrence principle- death penalty is pronounced on men who

CONCEPT OF THE CRIMINAL JUSTICE SYSTEM

JUSTICE according to the Supreme Court (SC) of the Philippines is symbolically

MORTIMER J. ADHELER’S Two Precepts of Justice:

C. SYSTEM- orderly combination or arrangement, as of parts or elements into a whole

COMPONENTS OF CRIMINAL JUSTICE SYSTEM

Philippine Concept of Criminal Justice System

PROCESS OF CRIMINAL JUSTICE SYSTEM

TWO ASPECTS OF THE CRIMINAL JUSTICE SYSTEM

CHARACTERISTICS OF FORMAL JUSTICE SYSTEM

 ORGANIZATIONAL OF WORK- this refers to bureau tic scheme.

CHARACTERISTICS OF LARGER JUSTICE SYSTEM

PURPOSE OF CRIMINAL JUSTICE SYSTEM

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

VISION of CRIMINAL JUSTICE SYSTEM

The following are the visions of each pillar:

 PROSECUTION- a maximize prosecutorial capability to reduce criminality for a peaceful

 CORRECTIONS- a correctional system that is modern, humane, responsive and

MISSION of CRIMINAL JUSTICE SYSTEM

 PROSECUTION- to provide a highly professionalize properly motivated and people

 CORRECTION- rehabilitates and reintegrates offenders into the mainstream of society

 COMMUNITY- mobilizes key sectors of the community in an integrated plan of action to

GOALS OF CRIMINAL JUSTICE SYSTEM

COMMON STRATEGIES OF CRIMINAL JUSTICE SYSTEM

The following are the common strategies employed by each pillar.

 CORRECTIONS - modernization of the Philippines Correctional System.

CRIMINAL JUSTICE SYSTEM FLOW MODEL

CRIMINAL JUSTICE PROCESS

Unit III. 1st Pillar: LAW ENFORCEMENT

In the Philippines, the law enforcement function is spearheaded by the Philippine

Historical Background of the Police

 POLICEMAN - an agent person in authority by law to enforce the law. Symbolically, he is

Role of Police in the CJS

2. Investigation - The purpose of the investigatory stage is to gather sufficient

b. Taking of photographs surreptitiously or otherwise

4. Custody - The moment after an arrest is made, the detained suspect is

5. Charging - If the arresting officer or his superior believes that sufficient

NOTE: In every stage of these processes, the police is mandated by law to

 COURT APPEARANCE/DUTY - The police (investigator or arresting officer) when summon

Unit IV. 2nd Pillar: PROSECUTION

 ATTORNEYS IN PRIVATE PRACTICE should be deemed a part of the CJS components

THE PROSECUTOR AND THE POLICE

USE OF THE PROSECUTOR’S DISCRETION

OBJECTIVELY, THE NOLLE IS PRIMARILY USED TO:

Duty of Inquest Officer When Arrest is NOT Properly Effected

Duty of Inquest Officer When Arrest is Properly Effected

Presence of Probable Cause

Absence of Probable Cause

Section 1, Rule 112-Rules of Court. Preliminary Investigation defined: when required.

- Preliminary investigation is an inquiry or proceeding to determine whether there is

Purpose of Preliminary Investigation

OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION.

Sec. 2 Rule 112. Officers authorized to conduct preliminary investigations

 Provincial or City Prosecutors and their assistants

Elements of Complaint and Information

DUTIES OF THE INVESTIGATING FISCAL

Unit V. 3rd Pillar: COURT

 Court – A body to which the public administration of justice is delegated, being a

KNOWN COURTS IN ENGLAND

THREE DISTICT ROYAL COURTS IN ENGLAND