2nd T CLJ 1 PCJS PDF

DIVINE WORD COLLEGE OF VIGAN
COLLEGE OF CRIMINOLOGY
Vigan City, Ilocos Sur
Prepared by:
KYLE ARIANNE T.MENDOZA, RCRIM.
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Course Description: PHILIPPINE CRIMINAL JUSTICE SYSTEM

Course credit: 3 units, 3 hrs/wk (18 weeks, 54 hrs)
COURSE OVERVIEW
A. Introduction
This course deals with the study of the five pillars of the Criminal Justice System in the
Philippines-the Law Enforcement, Prosecution, Court, Corrections, and Community. It
also covers their respective functional relationship as well as the individual roles in the
administration of justice and solution of crimes. This course includes the procedures and
the practices of the criminal justice system with its linkages to law enforcement services,
the prosecution, court, correction and community. This course also incorporates the
scientific study of crimes, criminals, societal responses to their behavior in penal and
non-penal setting and the administration of criminal justice correction including parole.
B. Course Learning Outcomes

1. Remember the role of the Criminal Justice System in Crime prevention and control.
2. Understand the pillars of criminal justice system and explain their role and how they
process a person until he can be referred to as a criminal.
3. Analyze the American Justice System from that of our country’s justice system.
4. Understand the origin of justice and early concepts and types of justice.
5. Analyze the mission, vision and objectives of the CJS.
6. Understand the general function and operation of the criminal justice system.
7. Evaluate fully the importance of the five pillars of the CJS.
8. Understand the objectives of the CJS.
9. Evaluate the respective responsibility in the maintenance of peace and order in the
community.
10. Evaluate the loop holes and recommended solutions to some problems.
11. Analyze our Criminal Justice System with other countries.
12. Evaluate the benefits and objectives of Restorative Justice and trace its evolution and
how it can change the modern concept of justice.
C. LESSONS/TOPIC/STUDY GUIDE
This learning packet consists of 3 modules and each module consists also units that
enable you to explore on the introduction of criminology, on the part of the suspect,
criminal, victim and their punishments. In addition, each module and unit is focused on
five E models on Instructional Design. The Engage part allows you to see the importance
of the lesson in your academic life. Explore gives you the material/s that will assist you in
going through each module. Explain presents what you have learned in the prior parts of
the module and will further explain information that you can use in the course. Elaborate
phase gives you the opportunity to enhance your knowledge and skills while Evaluate
includes the ways how you will be gauged along the course of study.
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Week 1-3 - CONCEPTS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM
Week 4-6 - LAW ENFORCEMENT: 1ST PILLAR
Week 7-9 - PROSECUTION: 2ND PILLAR
Week 10-12 - COURT: 3RD PILLAR
Week 13-15 - CORRECTIONS: 4TH PILLAR
Week 16-18 - COMMUNITY: 5TH PILLAR
MAJOR EXAMINATIONS
Major Examinations will be conducted on the following dates;
Prelim Exams = December 3, 2021
Midterm Exams = January 7, 2021
Final Exams = January 28, 2021
COURSE GUIDE
This is I, your course facilitator, speaking to you through this module. In these challenging times,
the normal classroom set up is greatly hampered due to health issues however; this should not
interrupt us from continuing the learning process. As such, your willingness, eagerness to
participate, and DEDICATION is the key to make learning successful through this module.
Since I am not present beside you to keep you monitored like a normal classroom setting will be,
I AM FULLY TRUSTING YOU TO BE RESPONSIBLE ENOUGH to go over this module and
make learning happen. Without you exerting effort, I CANNOT DO MUCH to help you. Thus,
to survive in the course, you must:
1. Set your schedules so you have time to do all activities not only in this course but in your
other course as well. Make your priorities so things would not go in conflict with each
other’s time.
2. Join immediately in our Edmodo virtual classroom once you receive your access codes.
This is where we can discuss with one another on matters related to this module in lieu of
our normal face-to-face classroom setting.
3. Read all course readings and participate in all activities especially in the online
discussion through our course site.
4. Be reminded of the following about posting in the online discussion forum;
a. Post only related comments on the thread. No unsolicited remarks and No hate
posts.
b. Be brief in answering. Do not give lengthy and tautological discussions.
c. Your post/answer in the thread is still part of your class participation, as such, you
are still reminded to observe correct grammar.
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d. Do not write in ACRONYMS or text-write format like writing “U” instead of

“You”, “Coz” instead of “because” and etc.
e. Always protect your privacy and be sensible enough in posting. Review first the
content of your comments before finally posting it.
f. For verification purposes, DO NOT CHANGE YOUR REAL NAME or you
profile in the virtual classroom.
g. Do not just answer Yes or No when joining or answering in the discussion. Explain
your point. If possible cite your references.
h. Our communication platforms will be online chat, txt, call, edmodo and email
located below of this course overview. Asking questions and queries will be
entertained or answered only between 8am – 5pm only of a day during weekdays.
Weekends will be in a case to case basis.
i. Your personal video output and your information submitted to us will be subjected
to data privacy in order for you to secure your privacy.
5. Observe Deadlines. Submit assignment and other tasks required on time. Be reminded
that there are unpleasant consequences of not submitting requirements on time. DO NOT
PROCRASTINATE. Stick to your schedule so you will not be rushing things later.
Rushing your requirements will not do you any good.
6. DO NOT PLAGIARIZE. There are numerous ways available for me to check if you are
submitting a plagiarized or a “Copy-Cut-and-Paste” work. You can cite them as reference
but the meat of your discussion should be genuine. The same is true if your work is just a
DUPLICATION of your classmate’s work. Violation of this will be dealt with
accordingly. A DWCV graduate should be a model of integrity.
7. Lastly, ALWAYS DO YOUR BEST. Make yourself proud of what you do. DO not settle
on a second rate work. Your effort will certainly be rewarded. I BELIEVE IN ALL
YOUR ABILITIES, I KNOW YOU CAN MAKE GOOD IN THIS COURSE. JUST
BELIEVE IN YOURSELF THAT YOU CAN DO IT AND EMBRACE THIS NEW
NORMAL CHALLENGE.
VIDEO CLIPS & E-DOCUMENTS

Parts of the module are embedded or attached video clips and e-documents to help you further
understand the topics. Make sure to watch or browse them in your scheduled time.
OFFLINE ARRANGEMENT
There will be times that accessing videos through our course site (Edmodo) will be difficult due
to erratic internet connection or may be you do not have internet access at all. The following
guide shall apply;
1. For videos and other electronic files, you can copy via USB flash drives or your mobile
devices. Just make sure you bring the USB connector if you are using your smart phones.
You can personally get it from me if you are allowed to go out of your residence, if not
due to Quarantine Protocols, your parent or guardian can come in your behalf.
2. For those who cannot participate in the online discussions due to weak or no internet
connections, the following guide shall apply;
3. Contact me on my mobile number below and signify that you cannot access the internet.
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4. I will send thru SMS the topic for discussion.

5. You shall write your response to it in a notebook. Your notebook will serve as records of
all the discussions that will be asked. Meaning, every time I will post topic for discussion,
you answer it in your notebook.
6. When the deadline for submission of requirements will come, include your notebook
containing your responses on the posted topics for discussions.
7. Make sure to specify the topics in your discussion notebook so I can easily check it.
COURSE ASSESSMENT
Each module and sub-units are designed with assessment tasks at the end. You are to do them
according to instruction.
Formative Assessment
These tasks are NON-GRADED but are designed for you to gauge the extent of your
learning to check if there needs to be clarified or further elaborated. However, since it forms part
of the module you are MANDATED to accomplish them. You will be given an INC mark if you
do not complete these tasks. As such, you are required to show to me that all formative
assessment tasks in your module were completed.
Summative Assessment
These tasks are the ones that are GRADED. They form part of your mark on this course.
All objective types are graded as it is while those that requires demonstration of skills will be
graded using rubrics. Assignments will be part of your summative tasks. Further, expect at least
one (1) short quiz per module or unit and a long quiz for each of the module.
GRADING SYSTEM
Your grade will be based on the following computations:
CLASS STANDING (CS) = 70%
Quizzes = 20%
Assignment = 10%
Assessment Task = 40%
MAJOR EXAMINATION = 30%
100%
PRELIMINARY GRADE = (class standing * 2) + Preliminary Exam Rating
3
Tentative Midterm Grade = (class standing * 2) + Midterm Exam Rating
3
MIDTERM GRADE = (Tentative Midterm Grade * 2) + Preliminary Grade
3
Tentative Final Grade = (Class Standing * 2) + Final Exam Rating
3
FINAL GRADE = (Tentative Final Grade * 2) + Midterm Grade
3
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GRADING MARKS:
P (Passed) any grade incurred above 75%
F (Failed) Any grade incurred below 75%
TECHNOLOGICAL AID
Your facilitator chose Edmodo as the online Learning Management System (LMS) for this
module. This will serve as our virtual classroom. Your access code will be given during the class
orientation. You should join immediately. I will verify and send you a notification thru your
mobile numbers if you had joined already in my class. For this reason, I will be collecting your
mobile numbers for information dissemination. This is also so I can send details or further
instructions in times that accessing the internet will become problematic.
CONTACT INFORMATION
For any concerns related to this course, you can contact me in the following;
Email: [email protected]
CP #: 09754766964
Messenger: Kyle Arianne Mendoza
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MODULE 1
UNIT 1: THE CONCEPT OF CRIMINAL JUSTICE SYSTEM
LEARNING OUTCOMES
At the end of the course, the student should be able to do the following:
 explain the concept of the Criminal Justice System.

 appreciate the functions of the five pillars.
 differentiate the various terminologies used in studying this course.
 explain the essence of justice.
 differentiate the different types of justice
UNIT 1: INTRODUCTION
The first settlers in the Philippines were believed to have arrived here thousands of years
Before Christ. These settlers were nomads. Nomads were those who wandered from one place to
another in search for food. Hence, nomads were the same with chickboys who wandered from
one place to another but their purpose was different. Nomads were in search for food, while
chick boys were in search of pleasure.
These nomads soon realized that there was a need for them to group themselves and settle
in one place for them to help one another in raising animals and planting vegetables. When
grouped together, however, problems were encountered when members of the community
committed some infractions against others. They realized that there was a need for them to
organize a body to arrest offenders and conduct trial. Hence, trial by ordeal and the like were
practiced to determine whether a person was guilty or not guilty of a charge. Under trial by
ordeal, a person accused of a crime was ordered to perform an act which may hurt him like act of
placing his hands in boiling water. If he got hurt, he was declared guilty; otherwise, he was
considered innocent. This was based on the belief during that time that God protected the
innocent persons.
When Magellan came here in the Philippines on March 16, 1521 was a significant part of
history, not only in the Philippines but also in the international community. After Magellan came
here, it was found out that the world was round. It was also found out that there were already
organized settlers here in the Philippines being governed by local chieftains, like Sultans and
Rajahs. Each Sultan or Rajah headed a Barangay and he was the one charged with conducting
trial and punishing those who were found guilty.
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As time passed by, things and crimes became complicated to deal with so it was argued
by Cesare Beccaria in his book entitled “Essay on Crimes and Punishment” that government
agencies that could swiftly detect, try, and punish offenders must be created. This book provided
for a blue print of the Criminal Justice System.
At present, the Philippine government provided for a manner how to deal with persons
who are arrested for the commission of a crime. It also provided how arrested persons undergo a
preliminary investigation and inquest proceeding, how their cases are being heard, how they are
being punished in case of conviction, and how they are reintegrated in the community after
serving their penalty. (Timpac, 2013)
Since our Criminal justice is a tool dealing with the offender, respondent, criminal and
the convicted person, can you give your answer in the following questions?
1. What do you know about criminal justice system in the Philippines?

________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Explain what is crime in Ilocano dialect?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
3. What do you know about justice?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
4. What do you know about criminal in Ilocano dialect?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
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BASIC CONCEPTS:
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.
Crime can be committed in two ways:

 Commission/Act - Any bodily movement tending to produce some effect in the
external world.
 Omission – is meant inaction, or the failure to perform positive duty which one is
bound to do.
Requisites of crime commission

Freedom – is the capacity of a person to do whatever he pleases.
Intelligence – Is the capacity of the person to foresee the consequences of his actions.
Intent – is the compelling force that induces a person to do something.
Requisites of crime by omission

Freedom
Intelligence
Failure to do an act required by a person to do
The non-performance of an act which the law requires a person to do.
BREEDING GROUNDS OF CRIMINALITY (CAUSES OF CRIMES)

 Poverty – This is characterized by the widespread unemployment, low income and
productivity, malnutrition, big families and rapid population growth rates, low standard
of living and the like. Because of poverty and its concomitant deprivation and hardship,
many become desperate and are forced by circumstances to resort to crime; just so, they
could alleviate or escape from their miseries and frustrations.
 Ignorance - This factor is widespread among people, who lack knowledge and
understanding about many laws and things, which they should and are presumed to know
as citizens.
 Injustices/Abuses – This factor in itself already constitutes several crimes themselves.
As if these were not enough yet, such they produce and breed more crime to happen as
aftermath thereof.
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 Soft State – This pertains to a system of government characterized by non-enforcement

of several laws and ordinances, massive graft and corruption, absenteeism on the part of
government officials, lack of basic services and other ugly symptoms.
 Fear – This problem is pervasive that it affects practically the entire society, whether rich
or poor.
 Lost Family Values – It loosens family ties, result in many broken homes or families. As
children are separated from their parents they go wayward and become misguided. Many
become addicted to prohibited drugs, or separated parents and eventually become
criminals or victims of crimes.
OTHER BASIC CAUSES OF CRIMES (By: Cirilo Tradio)

 Hatred – Some individuals develop violent hatred for reasons or another. This hatred
may ultimately result in some acts of violence. The normal or well-adjusted person can
control hatred. Others, because of their mental make-up, cannot control hatred which in
all likelihood would result in an act of violence against another.
 Passion – All persons are born with the same general tendencies and passions. It is in the
manner in which they control these passions that will determine whether or not a person
is able to control his passion will depend upon his early training and the influence of his
home.
 Personal Gain – It is normal for a person to desire to improve his life and to work hard
to provide a better if not abundant life for himself and his family.
 Insanity – From among the members of the society, there are those who are born
mentally abnormal and are therefore not governed by their own free will. They cannot
distinguish good from evil. They have no control over their physical want and are not
aware that what they have done is wrong.
 Revenge – This literally means to retaliate. This is what most people feel and think of
when others have committed acts detrimental to the interest of their loved ones. It is the
manifestation of uncontrollable impulses by one against another who offended them.
 Unpopular Laws
2. Criminal
It refers to any person finally convicted by a competent court in violation of law.
A person who committed a crime, arrested, prosecuted, and finally convicted and
sent to prison.
General Rule: No person shall be regarded as criminal unless his guilt is proven otherwise.
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Before a person could be regarded as criminal, the following circumstances must be

present:
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 testimony of witnesses, he must have been
arrested.
4. Due to the presence of prima facie evidence, the case was filed in court by the
investigating fiscal or police for trial.
5. There was an arraignment.
6. There was a trial.
7. The offender was found guilty.
8. A sentence was rendered by the court.
9. The accused was confined in prison/ jail
10. The convict has fully served his sentence in prison/jail.
Note: Only after undergoing this process that a person can be legally identified as a criminal.
3. Criminal Law
Branch or division of law which defines crimes, treats of their nature and provides for
their punishment.
4. Justice
Principle of dealing with fairness; equality in the application of law.
it consists of ordering human relations in accordance with general principles
impartially applied (Ginsberg).
*Justice according to the Supreme Court (SC) of the Philippines is symbolically

represented by a blindfolded woman, holding with one hand sword and with the other, a balance,
meaning thereby that it is administered without respect to persons, equally to the poor and the
rich.
Jadesaab.com
5. System
A process; a coordinated body of method; organized way of work.
Orderly combination or arrangement, as of parts or elements.
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6. 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.
NATURE OF CRIMINAL JUSTICE SYSTEM

The Essence of Justice
Mortimer J. Adier points out that it is easy to say what justice is in abstract, but it is hard
to determine what is just in any given particular case. We must not confuse the question,
“WHAT IS JUSTICE” With the question “IS THE PERTICULAR ACTION JUST?”
Mortimer J. Adie’s two percept’s as indicating the true essence of justice. The first is
“render to each is due.” For instance, if one borrows money promising to pay it back, the just
thing to do is to pay it back. It is rendering to him what is due. To refuse to pay it back is unjust
since it amounts to keeping what belongs to another.
The second percept is “treat equally and unequally in proportion to their inequality.”
For example, if all members of class in school did not do their assignments, all should receive
the same grade otherwise there will be no justice. Justice involves equal punishment for identical
offenses and equal rewards for identical merits.
Another way of explaining it is by saying “to each according to his deserts,” meaning that
those who contributes more should receive more and those contributes less will receive less but
knowing that does not tell us how to determine the relative contribution of each other.
Justitia
The figure of Justitia, the goddess of justice, is considered to be a symbol of justice. In
her left, she holds the scale (symbolic of using just weights for measuring goods, and for having
balanced opinions), and her right hand, a sword (to ensure that justice is the victor). To represent
impartial judgement, she wears a blindfolded.
Justice according to the Supreme Court of the Philippines is symbolically represented by
a blindfolded woman, holding with one hand sword and with the other balance, meaning thereby
that is administered without respect to persons, equality to the poor and the rich.
Justice, the idea of giving each person his or her fair due as a matter of right. A primary
sense of justice is the fairness of a system of the laws.
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In the ancient Greeks, they debated whether justice was rooted in the nature or simply in
the conventions of each society. Plato was also debated as to whether justice was a scheme to
exploit the weak or was genuinely in the interest of all. Most later philosophers have agreed that
justice must be in the interest of all, but they contribute to disagree about whether standards of
justice are relative to different societies or are truly universal. The traditional “natural law” held
that justice was universal, rooted in God’s will or in facts true of all human beings.
Considerations of injustice often prompt social reform and can also illuminate the
meaning of justice. A claim that injustice has been done implies that some people have received
less than their due, that the procedure itself has been unfair, or that perhaps the whole system is
biased in the interest of some, while pretending the interest of all. It follows that justice involves
fair allocation, according to an impartial system, taking into account the interests of all.
It should be noted, however, that justice does not mean treating everyone the same. It
would be unjust, for example, to treat the criminal the same as the victim. Instead, it requires
equal consideration of each person without arbitrary prejudice. Reasons must be given for
treating people unequally. For example, should wealth be awarded on the basis of nee, of merit,
or of agreement? Theories of justice must determine which reasons are relevant in each situation.
Different reasons, and so different schemes of justice, apply in each area of social life.
Philosophers distinguish between “distributive justice” for the distribution of social goods and
burdens, “retributive justice” for the assignment of punishments, and “commutative justice” for
the terms of exchange. Each political philosophy, such as utilitarianism or the justice of fairness
of John Rawls offers its own account of what justice requires.
“JUSTICE DELAYED JUSTICE DENIED”
Essence of Justice under the Constitution

No person shall be deprived of life, liberty or property without due process of law, nor
shall a person be deprived of the equal protection of the law. (Art.III, Sec. 1, 1987 Const.)
In order that justice will be realized there must be the observance of the due process.
Due Process Defined:

It is a guaranty against any arbitrariness on the part of the government, whether
committed by the legislative, executive or the judiciary.
Kinds of Due Process:

1. Procedural Due Process – is one which hears before it condemns, which proceeds upon
inquiry. There must be a notice of hearing.
2. Substantive Due Process – Requires the intrinsic validity of the laws in interfering the rights
of the person to his life, liberty or property.
System – It refers to a body as a functional unit.
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Body Defined:
- A collective unit.
- It refers to a group or mass.
Let’s Connect!
 What do learn about crime? How do you think this can be applied to criminal justice
system?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
 What would happen if you committed a crime?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
 What are the differences between omission and commission? Why do you think this is?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
Do the following to test your mastery on the ideas presented in this module, use separate
paper or answer sheet if needed:
1. Think of the words or ideas that you associate with

My Definition:
the word crime. Write these on the white circles.
After filling up all the circles, blend all the ideas to
come with a brief definition of the word crime.
CRIMINAL
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2. Why does criminal justice system happen? explain

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
______________________________________________________________________.
3. In your barangay or community, what is the major breeding ground of criminality? Site
an example and explain why it was the major cause of crimes?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
4. Explain omission and commission by giving actual scenario of it.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
5. Mortimer J. Adler points out that it is easy to say what justice is in abstract, but it is hard
to determine what is just in any given particular case. We must not confuse the question,
“what is justice” with the question, “is the particular action just?” Explain the following
precepts of Adler regarding justice.
PRECEPTS EXPLANATION EXAMPLES
1. “render to each it’s

due”
2. “treat equals equally

and unequal
unequally in
proportion to their
inequality”
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REFLECTION:
Check the emoticon that best describe your feeling for this day’s activity and write the
reason why.
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HOLLISTIC RUBRIC FOR SHORT ESSAY
This will be my basis in giving scores in your assessment tasks and other activities in a
form of essay.
10 points  Demonstrates a thorough understanding of the concepts and/or
procedures embodied in the task.
response is
complete and  Indicates that the student has completed the task correctly, using
correct. applied concepts and procedures.
 Contains clear, complete explanations and/or adequate work when
required.
 Applied appropriate words and good in grammar and no misspelled
words.
6 points  Demonstrates partial understanding of the concepts/and or procedures
embodied in the task.
response is
partially  Addresses most aspects of the task, using applied concepts and
correct. procedures.
 May contain an incorrect answer but applies appropriate process with
valid reasoning and/or explanation.
 May contain a correct answer but provides incomplete procedures,
reasoning, and/or explanation.
 May reflect some misunderstanding of the underlying concepts and/or
procedures.
3 points  Demonstrates only a limited understanding of the concepts/and or
response is
incomplete and  May address some elements of the task correctly but reaches an
exhibits many inadequate solution and/or provides reasoning that is faulty or
flaws but is not incomplete
completely  Exhibits multiple flaws related to a misunderstanding of important
incorrect. aspects of the task, misuse of the concept or procedures, or faulty
reasoning
 Reflects a lack of essential understanding of the underlying concepts
and procedure
 May contain a correct answer but required work is not provided
O point  Point response is completely incorrect, irrelevant or incoherent, or a
correct response that was arrived at using an obviously incorrect
response is
procedure.
completely
incorrect or no
answer at all
KYLE ARIANNE T. MENDOZA, RCIM RANULFO T. BAYAG-O, PHD CJ

Instructor Dean, College of Criminology
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UNIT 2: PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

LEARNING OBJECTIVES
 understand the essence of justice.

 differentiate the different types of justice.
 understand and differentiate the goals, objectives and the purpose of CJS
There are five pillars of the Philippine Criminal Justice System that the law violators
undergo its process. Its process is very important as a whole because failure to perform the task
intended to on pillar may destroy the whole process. So the importance of each pillars are equal.
What do you want to know?

1. Explain law enforcement in Ilocano dialect.
________________________________________________________________________
_______________________________________________________________________.
2. What do you know about prosecution?
________________________________________________________________________
_______________________________________________________________________.
3. What do you not yet know about courts?
________________________________________________________________________
_______________________________________________________________________.
4. Why do you think correction happened?
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What might happen if a person violates a law?
________________________________________________________________________
_______________________________________________________________________.
 What if courts disappear in our justice system?
________________________________________________________________________
_______________________________________________________________________.
 Why do we suppose to put the criminals in correction?
________________________________________________________________________
_______________________________________________________________________.
 What might happen if the prosecution will not perform effectively on their duties?
________________________________________________________________________
_______________________________________________________________________.
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THE MAIN PILLARS OF PCJS
1. Law Enforcement
This is known as the frontier or prime mover of the CJS in the Philippines.
Arrest of offenders/ violators of law.
Prevent and control crimes, enforce laws and conduct lawful search and seizure.
Gather necessary evidences so that a complaint may be filed with the prosecutor’s office.
2. Prosecution
Takes care the investigation of the complaint
Gather necessary evidence with the help of the law enforcement.
Determine the existence of prima facie case.
File and prosecute the case in court.
3. Court
It is known as the center or core of the CJS Phils. It is the arbiter of justice.
Conduct hearing.
Render authoritative judgment.
The constitutional presumption of innocence to any person accused of a crime must be
proved beyond reasonable doubt or else the crime was acquitted.
Court Organization
Supreme Court
Court of appeals
Sandiganbayan
Regional Trial Court
Municipal trial Court
Municipal Circuit Trial court
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And other quasi-judicial bodies attached in other government agencies as such; court of
tax appeals, labor, PLEB, DENR and the like.
4. Correction
The weakest pillar in the CJS Phils.
Control those who were convicted by the court and segregate them from the community.
Correctional Agencies:
BUCOR – Bureau of Corrections
BPP – Parole and Probation Administration
PPA – Board of Pardons and Parole
BJMP –Bureau of Jail Management and Penology
PRC – Provincila Rehabilitation Center
C/MRC – City/ Municipal Rehabilitation center
RYRC – Regional Youth Rehabilitation Center
5. Community
The informal pillar of the CJS Phils. It is also known as the widest pillar.
The place where the criminal comes from and where he will return.
Accepts the re-entry/ reintegration of ex-convicts.
AS TO THE AUXILIARY PILLARS
1. Parole and Probation Administration

Supervise low risk, non-serious law violators – those convicted of imprisonment of not
more than 6 years (For probation officers)
Select inmates ready for re-entry to the society. Those prisoners who had serve the
minimum of their sentence (For parole officers)
These pillars are all concerned in the prevention, control, and reduction of crime and
delinquency.
Other important matters concerning System

The body observed division of labor.
This division of labor makes it possible
In order to reach the next department or agency, it is usually necessary to have contact
with all the preceding ones.
The performance of one greatly affects the others.
CJS can be thought of as an assembly line operation.
20 | P a g e
In relation to CJS America, the body is composed of the following:

Law Enforcement
Courts
Correction
THE CRIMINAL JUSTICE SYSTEM
CJS Phils. Is an introductory in the recently revised four year Criminology Education
approved on May 23, 1983 under MECS (now CHED) Order no. 22, s. 83 effective SY 1983-
1984. The purpose of integration is to appraise future law enforcers on their roles in the
community.
The system or process in the community by which crimes are investigated and the
persons suspected thereof are taken into custody, prosecuted in court, and punished if found
guilty, provisions being made for their correction and rehabilitation.
The method by which the police, prosecution, courts, and correctional institutions enforce
the basic rules of any society, as expressed in its criminal law.
The various components discharge a vital responsibility of government. Without it,

anarchy will prevail and no man would be secured in his person or property. Other authors speak
only of three pillars – law enforcement, courts and corrections with the prosecution being
substituted by the court pillar.
The Philippines has decided to add a fifth pillar to its own concept of the CJS. That pillar
is the community.
We have given this dignity to the community because the wholesome and highly
effective work of the NGO’s and PO’s in our country has evolved into a veritable science and
art, a vital discipline in itself. This evolution in our country reached its climax with the staging of
the greatest public participation ever recorded in the annals of history, that is, the phenomenon of
“people power”, wherein, in the twinkling of an eye, a government perceived by the public as the
totalitarian was changed into a democratic form within a period of only 4 days – and with hardly
bloodshed at that the U.S referred to as “The Greatest Ever Told.”
Goals of the CJS:
According to Robert D. Pursely, in a free society, the primary goals of the CJS are:
21 | P a g e
1. To protect the members of the society. It is a formal “instrumentality authorized by the people
of a nation to protect both their collective and individual well-being”.
2. To maintain order.
In addition with these two goals, there are number of important sub-goals:
The prevention of crimes.

The suppression of criminal conduct by apprehending offenders when prevention is
ineffective.
The review of the legality of the preventive and suppressive measures.
The judicial determination of the guilt or innocence of those apprehended.
The proper disposition of those who have been legally found guilty.
The correction by socially approved means of the behavior of those who violate the
criminal law.
Purposes of the CJS:
To process those who have been accused of criminal activities.

Prevent the commission of crime.
Protection of society.
OBJECTIVES OF CRIMINAL JUSTICE SYSTEM
 Preventing the commission of crime

 Enforcing the law
 Removing dangerous person from the community
 Protecting life, individual rights and properties
 Deterring people from indulging in criminal activities
 Determining the guilt or innocence or guilt of the accuse
 Investigating, apprehending, prosecuting and imposing penalty upon those who cannot be
deterred from violating the rules of society
 Rehabilitating offenders and returning them to the community as law-abiding and useful
citizens of the society.
People involved in the system (Parties to the criminal case)
Accused – The most pampered party in a criminal case.

Victim/ Complaint – The forgotten party in a criminal case.
People of the Philippines – The actual offended party.
22 | P a g e
Criminals are deemed consumer of the CJS insofar as the same deals on the proper
methods on how to process them. It is therefore imperative to know the reason why people
commit offense, their motives and their intent.
PROCESS OF CRIMINAL JUSTICE SYSTEM
 The police are responsible of gathering pieces of evidence and arresting the law violator
as well as filing complaint to the prosecutor.
 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.
 The defense lawyer, whether privately retained or provided by the government, are
responsible for defending the accused.
 The judge, during trial, is an arbitrator in court while judicial proceeding goes through.
 The judge at the end of the trial renders decision to the case.
 The probation officer conducts pre-sentence investigation, and also supervise offender
placed on probation.
 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.
 Finally, the convicted offender, once sentence is served, will be sent back to the main
stream of the society.
Let’s Connect!
1. What have you learned about the pillars of criminal justice system?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Where can you use this concept of criminal justice in real life?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
3. What are the differences between prosecution and law enforcement? Why do you think
this is?
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
23 | P a g e
ASSESSMENT TASK
1. Think of the words or ideas that you associate with the word PCJS. Write these on the
white circles. After filling up all the circles, blend all the ideas to come with a brief
definition of the word criminal justice system.
My Definition:
PCJS
2. Was the objective of Philippine Criminal Justice System strictly followed? Justify
your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
__________________________________________________________________.
24 | P a g e
3. How the five pillars are interconnecting to each other? Explain your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
REFLECTION:
reason why.
25 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all
KYLE ARIANNE T. MENDOZA, RCRIM. RANULFO T. BAYAG-O, PHD CJ

26 | P a g e
UNIT 3: LAW ENFORCEMENT PILLAR (1st PILLAR)

 explain the roles and responsibilities of the law enforcement pillar.
 Identify the different law enforcement agencies.
 Identify the philosophies of police service.
 Appreciate the importance of police discretion.
 be knowledgeable of the concepts of search and seizure.
 distinguish search from arrest.
 be knowledgeable about investigations conducted by Police.
 differentiate Interview from Interrogation
INTRODUCTION
Law enforcement is the activity of some members of government or corporate who act in
an organized manner to enforce the law by discovering, deterring, rehabilitating, or punishing
people who violate the rules and norms governing that society. Although the term encompasses
police, courts, and corrections, it is most frequently applied to those who directly engage in
patrols or surveillance to dissuade and discover criminal activity, and those who investigate
crimes and apprehend offenders, a task typically carried out by the police, sheriff or another law
enforcement organization.
Modern state legal codes use the term peace officer, or law enforcement officer to include
every person vested by the legislating state with police power or authority, traditionally, anyone
"sworn or badged, who can arrest, or any public official authorized by statute, to detain, any
person for a violation of criminal law, is included under the umbrella term of law enforcement.
Although law enforcement may be most concerned with the prevention and punishment
of crimes, organizations exist to discourage a wide variety of non-criminal violations of rules and
norms, affected through the imposition of less severe consequences such as probation.
The Philippines, like other nations of the world, has various law enforcement agencies to
police the officers of the government. There are as many law enforcement agencies as there are
officers of the government.

1. What are your experiences with law enforcement pillar?
________________________________________________________________________
_______________________________________________________________________.
2. Why do you think law enforcement happened?
________________________________________________________________________
_______________________________________________________________________.
27 | P a g e
Let’s explore!
 What if law enforcement pillar removed in the criminal justice system?
________________________________________________________________________
_______________________________________________________________________.
 What might happen to you if you were arrested by law enforcer?
________________________________________________________________________
_______________________________________________________________________.
 Why do you supposed to arrest those individuals who violated the law?
________________________________________________________________________
_______________________________________________________________________.
THE PHILLIPPINE NATIONAL POLICE
pnp.gov.ph veritas846.com
POLICE
As an individual – This refers to those who were tasked to protect life, liberty and
property of the people, prevent the existence of crime, apprehend offenders and are
known as the front liners of the CJS.
As to agency – It is the one created under the constitution forming part of the executive
department in charge in apprehending offenders and to execute the law.
Note: Execute means to enforce the law and not to determine whether the accused is guilty or
not.
THEORIES OF POLICE SERVICE

Continental Theory – Policemen are considered as the servant of higher authority.
Home-Rule Theory – Policemen are considered as the servant of the community.
28 | P a g e
POLICEMAN – An agent of person in authority endowed by the law to enforce the law.
Symbolically, he is the law.
KINDS OF POLICEMAN
1. Traditional Policeman
A policeman walking in uniform performing patrol work, walking constantly and alertly,
observing persons and things to accomplish crime prevention mission.
The best public servants who serve the public instead of dominating them.
The years of receptive policing when the public received and welcomed the presence of
the police assigned in their neighborhood to maintain order and security, instead of
imposing purely law enforcement action.
The years when every policeman was a good, friendly, trustworthy officers of the law.
The years when only few rotten mangoes can be found in a basket.
The idealist, ideal, a lover of wisdom, who gives meaning to his duty in terms of truth,
goodness and beauty.
2. Contemporary Policeman
The materialistic, arrogant, college educated agent of person in authority whose insights
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, the POLICE are in it.”
• Police corruption is the use of the Police position for personal gain.
“The Blue Wall of Silence” Police officers who know of wrongdoing by other police will not
take action against them or provide information against them to investigators because of two
things:
1. Police mistrust their superiors and bear being given disproportionately harsh punishment to
set an example or to alleviate political pressure on their administrators.
2. They fear alienating their brother and sister officers, upon whom they depend for back up
assistance in dangerous situations. To the public, it appears that “the police protect their
own” even against legitimate grievances and complaints of the community.
29 | P a g e
CREATION OF THE PHILIPPINE NATIONAL POLICE
The primary law creating the PNP
Article XVII, sec 6 of the 1987 Constitution provides that “the state shall establish and
maintain one police force which shall be national in scope and civilian in character, to be
administered and controlled by the National Police Commission. The authority of the local
executives over the police units in their jurisdiction shall be provided by law.”
Implementing this law is RA 6975 known as the law creating the Department of Interior
and Local Government. Chapter III thereof deals with the establishment of the PNP organization.
POWERS AND FUNCTIONS OF THE PNP
In the performance of police functions and duties, the police must exercise discretion.
Discretion – It is the wise use of one’s judgment, personal experience and common sense to
decide a particular situation.
The Police are decision makers and most of their decisions are based on discretion.
Apparently, the police exercise of discretion is unregulated as US chief Justice Warren and
Burger puts it, “”No lawbook, 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 is their responsibility.”
“DAMMED IF THEY SHOOT, DEAD IF THEY DON’T”
PROBLEMS ARISING FROM UNREGULATED DISCRETION

It lacks uniformity for implementation.
It may be discriminatory.
It fosters police corruption in victimless crimes.
It converts the law into personal instrument of social control through the so-called
sidewalk justice.
POLICE DUTIES AND FUNCTIONS:
1. Enforce All Laws And Ordinance Relative To The Protection Of Lives And Properties.
a. Enforcement of the Laws and Ordinances and Regulation of Non-Criminal Conduct.
30 | P a g e
This requires a policeman to constructively integrate or enforce and implement the laws
of the land as well as local ordinances without regard to the personal circumstances of the
individual citizen and any other persons sojourning in the Philippines, in order to provide the
tranquility among members of the society.
“Enforcing the Law” by apprehending criminals after crimes occur is an important part
in police work, but it is only one element of the law enforcement mission. Far more than
confronting the so called “Master Criminals”, the police are likely to deal with crimes committed
by people who are drunk, depressed, mentally ill, or simply overwhelmed by life stresses.
This also includes the regulation of non- criminal conduct in order to obtain the
compliance of the public through education and the dangers inherent to the disobedience of
regulations. This may be made through the use of a warning device which would inform the
citizens without necessity of imposing penalty or sanction.
Service – Discretions, assistance to disabled motorists, funeral escorts, administration of

various kinds of permits, emergency relay of blood, checking vacant residents or looking-in on
vulnerable adults, aiding with traffic control at road construction and emergency scenes, and
many more services are provided by the local police.
Patience, good Communication Skills, and Knowledge of Human Psychology are the
important tools of the trade. The ability to enforce the law by bringing criminals to justice rests
in the large part on the willingness of the public to cooperate with the police. The foundation for
that is laid in the routine interaction between police and citizens in the course of everyday, non-
emergency activities.
b. Protection of Lives and Property.

This operation for the safety and convenience of the public is analogous with that of
practicing physicians. The doctors protect the life by combating disease and promoting public
health through preventive measures. The policeman insures public safety by eliminating the
hazard of accidents and by guarding the citizen’s agents against the attack of the bad elements of
the society. The police have the obligation to preserve the citizen’s constitutional guarantee of
liberty and pursuit of happiness.
c. Safeguarding Public Health and Morals

This involves many activities or missions peripheral to basic law enforcement and public
safety, such as sanitation, search and rescue operations, licensing. Likewise, it also includes
escort duties, civic actions and many other activities related thereto.
31 | P a g e
2. Maintain Peace and Order and Take All Necessary Step To Ensure Public Safety
a. Preservation of Peace and Order

This requires a peace officer to gain the sympathy of the community so they may close
ranks in combating crimes and other anti- social behavior. The community should be informed
through the proper education of their share and involvement in the maintenance of peace and
order in the locality.
3. Investigate And Prevent Crimes
Effect the arrest of criminal offenders, conduct search and seizure in accordance with the
constitution and pertinent laws and bring offenders to justice and assist in their prosecution.
What are some of the human rights guaranteed under Article III of the Constitution?
The right of a person to be secured in his/her person, papers and effects against
unreasonable searches and seizures;
Rights of a person under Investigation;
Rights of an accused;
Rights of a person under arrest; and
Rights of a person under detention.
A. INVESTIGATE THE CRIME
The police officers may conduct surveillance, interview persons with knowledge of facts
directly or indirectly connected with the offense, take photographs, arrange for entrapment when
feasible, search premises and persons subject to constitutional and statutory safeguards, examine
public and other available records pertaining to the persons involved and get copies of pertinent
entries, etc.
The police officers, in other words, collect evidence for use in the prosecution of the
suspects in court. This may consist of;
The testimony of witnesses – including “invited” suspects – which are invariably

taken down in question-and answer form.
Writings
Objects: guns, knives, other weapons used in the commission of crime; the clothing
of the victims, etc
32 | P a g e
This includes the rough sketch of the crime scene, photograph of the crime scene and the
developing and lifting of prints, if any.
Rights of a person undergoing investigation or interrogation;
The right to remain silent and to have a competent and independent counsel,
preferably of his own choice. If the person being investigated cannot afford counsel,
he must be provided with one;
No torture, force, violence, threat, intimidation, or any other means by which vitiate
the free will shall be used against the person being investigated;
The person under investigation must not be in secret detention places, in solitary
confinement, held incommunicado or other similar forms of detention;
The rights of a person under investigation cannot be waived except in writing and in
the presence of a lawyer.
b. PREVENTION OF CRIME
The primary role of the police in a democratic society is crime prevention. As the most
visible public figure of government, clothed with uniform and authority, his mere presence a
climate of security to law abiding community.
Crime Prevention is the anticipation, the recognition and the appraisal of a crime risk and
the initiation of some action to remove it.
Crime prevention means the elimination of the opportunity that exist on the part of would
be criminal to commit an act punishable under the law. This seeks to minimize the causes of
crime that requires the police to mingle with the community where criminal activities originate
and breed and where the criminalistics tendencies of individuals motivated them to indulge in
anti-social behavior.
DISTINCTION BETWEEN PREVENTION OF CRIME AND

REPRESSION/SUPPRESSION OF CRIME
(The distinction between prevention of crime and repression/suppression of crime may be

understood by explaining first the Formula of crime).
THE CRIME FORMULA:
CRIME = Desire + Opportunity (to commit a crime)

Resistance (not to commit a crime)
33 | P a g e
 If the combination of Desire and Opportunity is stronger than Resistance, crime will be
committed.
 If the combination of Desire and Opportunity is weaker than Resistance, crime will not
be committed.
In prevention of crime, the law enforcement is strengthening the resistance and

weakening the desire of a person in committing a crime.
In repression/suppression of crime, on the other hand, the law enforcement id reducing
the opportunity of a person in committing a crime, like the act of conducting patrol.
Take Note: The term resistance, as used above, refers to resistance against criminality. It does
not refer to body resistance against diseases.
The benefits of Neighborhood Watch in Crime Prevention
NEIGHBORHOOD WATCH IS CRIME PREVENTION PROGRAM THAT:

I. Teaches citizens techniques to reduce the risk of being victimized at home and
in public
Be aware of our surroundings at all times.
Park in well-lit areas-avoid shortcuts.
Don’t carry much cash.
Have your keys in your hands.
Keep windows rolled up and doors locked.
Teller machines-used at active location during day or go with someone else.
Don’t draw attention to yourself.
Consider a mobile phone or a CB radio
Bump and rob.
Never leave your car running, even at your own home.
II. Trains citizens on the importance of recognizing suspicious activities and how
to report them.
Someone screaming or calling for help.
Someone looking into windows and parked cars.
Unusual noises.
Property being taken out of houses where no one is home, or out of closed
business.
Vehicles moving slowly or with no apparent destination or with lights out.
Anyone being forced into a vehicle.
A stranger sitting in a car or talking to a child.
34 | P a g e
Abandoned cars.
Call emergency hotline.
III. How to secure homes and properly identify property.

Check your locks
a. Deadbolts
b. Double cylinder deadbolts]
Secure sliding glass door
a. Commercial locks.
b. Broomstick or wooden dowel.
c. Screws along upper track.
Check your windows
Check your doors.
Check the outside
a. Shrubs and trees
b. Lighting
c. Padlock exterior buildings
IV. Learn neighbors routines in order to identify suspicious activity

Know their family
Their habits
The cars they drive
Their phone numbers at work and at home
Their pets
Any medical problems that they have.
*** Knowing these aspects will allow you to respond accurately and quickly to any emergency.
V. Become a cohesive body of concerned citizens and begin to address other issues
that concern your entire community.
The benefits of a Neighborhood Watch Program are as Follows:

Reduces the risk of becoming a crime victim.
Being better prepared to respond to a suspicious activity.
Provides greater access to criminal information.
Knowing your neighbors
Reducing the fear of crime and making your neighborhood livable
Allowing other issues of our community to be addressed.
35 | P a g e
The Role of Citizens and Youth in Crime Prevention
The role of the Police in society is the protection of citizen’s through the enforcement of
Laws and Prevention of criminal activities. This goal cannot be accomplished without the aid of
every citizen’s we set out to protect. Without the help of citizen’s, the police would be powerless
to stop crime. The citizen therefore plays a vital role in the enforcement of the laws and crime
prevention.
The role of the citizen is that of witness, prosecutor and crime prevention. Without the
reporting of criminal activity, the police would only be able to combat crime that takes place in
their presence. In many cases the police must rely on the citizen to prosecute the criminal. This
occurs when certain offenses are committed in the presence of witness. For many crimes the
police can only prosecute the criminal if they observed the criminal act. In this case the citizen
can obtain warrants, thereby giving the police the power to arrest the criminal on the outstanding
warrant. The criminal is prosecuted by the citizen, with the aid of police. This reliance on the
citizen also carries over into crime prevention.
THE CITIZEN’S ROLE IN CRIME PREVENTION
The police must have the assistance of the public to prevent criminal activity. This comes
in the form of:
Tips to police regarding criminal activity.
Citizen and police partnerships devoted to the prevention of criminal activities for
small geographic areas.
Citizen support of programs that gives alternatives to youth, such as the police
athletic league, police youth music program and police explorers programs.
HOW TO REPORT A CRIME
There are several ways to report a crime. When a violent or felonious crime is observed
the witnesses should immediately call the hotline number of the police.
When a misdemeanor or non-violent crime is to be reported, or the criminal act has
already occurred. The witness should use the non-emergency number to the police department.
The third way to report a crime is to remain anonymous. This is useful in cases where the
witness is fearful of retaliation by the suspect. It is important to note that information given in
this manner must be supported with evidence by the police. This makes some crimes harder to
prosecute since no witnesses have come forward to help the police with prosecution. However
36 | P a g e
the information gained by this type of reporting, once corroborated by police often leads to arrest
in very serious cases.
c. ARREST THE SUSPECT

This defines the statutory power of every policeman as a means of discouraging the
would-be criminal offender. The consequence of arrest and prosecution has deterrent effect
intended to discourage crime or unlawful act. It also lessens repetition by causing suspects to be
incarcerated and it provides an opportunity for the reformation to those convicted. This activity
is likewise including the recovery of stolen property in order to restrain those who are
accessories to the crime and to those benefiting from the grain of crime.
Arrest- is a taking of person into the custody in order that he may be bound to answer for
the commission of an offense.
The manner of conducting an arrest is made by an actual restraint of a person to be
arrested, or by his submission to the custody of the person making the arrest.
How arrest be made?

As a general rule, the arrest of a person should always be made through a warrant of
arrest issued by a judge.
Without warrant, under the circumstances justifying a warrantless arrest.
 A peace officer or a private person may affect an arrest without a warrant:
 When the person to be arrested has committed, is actually committing, or is
attempting to commit an offense in the presence of the arresting person.
 When an offense has in fact just been committed, and the arresting person has
personal knowledge of the facts indicating that the person to be arrested has
committed it; and
 When the person to be arrested is an escaped prisoner or a fugitive from justice.
 Court Order – When the judge orders to arrest such person inside the court in
violation of orders from the court or in the prosecution of an offense.
 Operation “Kapkap”
THE RULES TO BE CONSIDERED IN CONDUCTING ARREST:

No violence or unnecessary force shall be used in making an arrest.
The person arrested shall not be subject to a greater restraint than that necessary for his
detention.
It shall be the duty of the officer executing the warrant to arrest the accused and deliver
him to the nearest police station or jail without unnecessary delay.
The head of the office to which the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to whom it was assigned for
37 | P a g e
execution shall make a report to the judge who issued the warrant. In case of his failure
to execute the warrant, he shall state the reason therefore; and
An arrest may be made on any day and at any time of the day or night.
WARRANT OF ARREST- it is an order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer, commanding him to arrest a
person or persons stated and deliver them before the court.
THE REQUISITES OF A VALID WARRANT OF ARREST:

It shall be issued upon probable cause
The probable cause is determined personally by the judge upon examination under oath
or affirmation of the complainant and the witnesses he may produce; and
Particularly describing the person to be arrested.
THE LIFE SPAN OF WARRANT OF ARREST:

As long as the person stated in the warrant of arrest is not arrested, it shall remain valid
even if several years already lapsed. However, the head of the office to whom the warrant of
arrest was delivered for execution shall cause the warrant to be executed within ten (10) days
from its receipt. Within (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reason for its non-execution but the validity of
the warrant is not affected.
THE METHOD OF CONDUCTING ARREST WITH WARRANT OF ARREST BY A

POLICE OFFICER:
When making an arrest by virtue of a warrant, the officer shall inform the person to be
arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest, except
when he flees or forcibly resists before the officer has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
The officer need not have the warrant of arrest in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon
as practicable.
The method of conducting arrest without warrant of arrest by a police officer:

When making an arrest without a warrant, the officer shall inform the person to be
arrested of his authority and the cause of the arrest, unless the latter is either engaged in the
commission, has escaped, flees, or forcibly resists before the officer has opportunity to so inform
him, or when the giving of such information will imperil the arrest.
38 | P a g e
The method of conducting arrest by a private person:

A private person, when making an arrest, shall inform the person to be arrested of the
intention to arrest him and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, or has escaped, flees, or
forcibly resist before the person making the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
What if the person lawfully arrested escapes?

If a person lawfully arrested escapes, any person may immediately pursue or retake him
without a warrant at any time and in any place within the Philippines. This is also known as HOT
PURSUIT.
Take Note: The phrase “Hot Pursuit” may also be called Fresh Pursuit.
The rights of Police officers conducting arrest:
a. The right to summon assistance

An officer making a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so summoned by an officer shall
assist him in affecting the arrest when he can render such assistance without detriment to
himself.
b. Right to break into building or enclosure

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant
may break into any building or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his authority and purpose.
c. Right to break out from building or enclosure

Whenever an officer has entered a building or enclosure to conduct arrest, he may break
out therefrom when necessary to liberate himself.
d. REFER THE CASE AND SUSPECTS TO THE PUBLIC PROSECUTOR
Let’s Connect!
1. What have you learned about the law enforcement pillar? How do you think this can be
applied to our justice system?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
39 | P a g e
2. What would happen if you are arrested by virtue of warrant of arrest?

________________________________________________________________________
_______________________________________________________________________.
3. What are the differences between crime suppression and crime repression? Why do you
think this is?
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
1. In addition to PNP and NBI, identify at least ten (10) other law enforcement agencies
in the Philippines. Use the table below to present your answers.
LAW ENFORCEMENT LAW ENFORCEMENT UNDER WHAT
AGENCIES (No Acronyms) ACTIVITIES DEPARTMENT?
e.g. Philippine National Police -prevention of crimes -Department of Interior and
Local Government
1.
2.
3.
4.
5.
6.
7.
8.
40 | P a g e
9.
10.
2. You were the civilian person and you wish to make an arrest using the citizen’s arrest
or warrantless arrest. What should be the requisites before you arrest a certain person
using warrantless arrest? Justify your answer.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
____________________________________________________________________.
3. As discussed above, police must be guided with sound judgment in deciding what to
do. However, in the Philippines, there are instances when police discretion is being
abused. Look for a newspaper clipping that shows abuse in police authority. Cut and
paste it below. Then answer the question.
Paste here
41 | P a g e
If you were the police officer faced with the same scenario, how would you handle/react with
this situation?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________.
4. Make a video presentation explaining how you’re going to effect arrest with warrant
or warrantless.
REFLECTION:
reason why.
Note: Additional written evaluation task will be uploaded/posted in the class LMS
(Edmodo).
42 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

43 | P a g e
UNIT 4: RIGHTS OF PERSON ARRESTED

LEARNING OUTCOMES
 knowledgeable of the concepts of search and seizure.

 distinguish search from arrest.
INTRODUCTION
Every person has the rights even what age it is but the
person that is in conflict with the law or committed an act against
the norms and standard of a community is different. In this topic
we will talk about the rights of person arrested, detained, and
under trial. Also tackles about the requisites of warrants and
warrantless arrest.

1. What do you know about your rights if you were arrested?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Why do you think that there is a right of every person?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What if your rights are violated?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
 What might happen if you were arrested?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
44 | P a g e
WHAT ARE THE RIGHTS OF ARRESTED PERSON?
1. To remain silent and to be assisted by a competent and independent lawyer of his/her choice in
any interrogation;
2. Not to be subjected to torture, manhandling, intimidation, deceit, promises of reward or
leniency of any means (drugs, hypnosis, etc.) that vitiate or weaken his/her free will;
3. To be brought before a court as soon as possible but not later than:
- 12 hours after arrest for a light offense.
- 18 hours after arrest for a less grave offense,
- 36 hours after arrest for a grave offense.
4. To make a formal complaint if he/she has been denied counsel, forced to confess, or
manhandled, tortured or intimidated;
5. To be released on reasonable bail, unless he/she has been charged with a crime punishable by
death and evidence of his/her guilt is strong.
6. If the arrest is through a warrant, the person arrested has the right to be informed of the cause
of his/her arrest, and be allowed to see, read and examine the warrant of arrest.
Rights of a Person Under Detention

 To be treated as a human being;
 To due process which comprises the right to be informed of the written regulations
governing the detention centers, not to be punished for any act except in accordance with
these regulations, to be subjected to only such punishment for breaches of discipline as
are the least restrictive means to maintain order and security in the detention center, and
not to be subjected to corporal punishment or confinement in a dark cell or total isolation.
 To receive visits from his/her family, friends and lawyers;
 To practice his/her religion;
 To adequate food and, if he/she desires, to produce food outside through the
administration of the detention center or through the family and friends;
 To wear his/her own clothing unless he/she has none, in which case the detention
administration shall supply it, but such clothing must be different from that supplied to
convicts;
 To healthful accommodations, with sufficient light and ventilation, and adequate sanitary
and bathing facilities.
 To a separate bed with sufficient beddings;
 To at least one hour daily outdoor exercise;
 Not to be compelled to work unless he/she wishes to;
 To competent medical and dental service, and to be treated by his/her own doctor or
dentist if there is a reasonable need for it and he/she or his/her family or friends will pay
for it;
45 | P a g e
 To be furnished with or to procure reading and writing materials;

 To be kept separate from convicts serving sentence;
 To a speedy and impartial public trial.
Rights of an Accused at the Trial

In all criminal prosecution, the accused shall have the following rights during trial;
a. To be presumed innocent until the contrary is proved beyond reasonable doubt;
b. To be told what he/ she is being charge with and what acts he/she has committed;
c. To be assisted by a competent and independent counsel of his/her own choice;
d. Not to be compelled to be a witness against himself/herself;
e. To confront the witness against him/her;
f. To have compulsory process issued to secure the attendance of witnesses and the
production of evidence on his/her behalf;
g. To have full opportunity t present his/her defense;
h. Not to be sentenced neither to pay an excessive fine nor to suffer cruel or inhumane
punishment.
i. Not to be placed twice in jeopardy for the same offense;
j. To have the right to appeal in all cases allowed and in the manner prescribed by law.
Crimes that may be committed by a police officer while conducting arrests, whether with
or without warrant:
1. Delay in the delivery of Arrested persons to the proper Judicial Authority
It is committed by the public officer or employee who shall detain any person for some
legal ground and shall fail to deliver such person to the proper judicial authorities within the
following period:
- 12 hours for crimes punishable by light penalties;
- 18 hours for crimes punishable by correctional penalties; and
- 36 hours for crimes punishable by afflictive or capital penalties.
2. Unlawful arrest
It is committed by any person who, in any case other than those authorized by law, or
without reasonable ground shall arrest or detain another for the purpose of delivering him to
proper judicial authorities.
3. Expulsion
It is committed by any public officer or employee who, not being authorized by law, shall
expel any person from the Philippine islands or shall compel such person to change his
residence.
*Arbitrary Detention- is committed by any public officer or employee who without legal
grounds detains a person.
46 | P a g e
Search warrant- It is an order in writing in the name of the people of the Philippines, signed by
the judge and directed to a peace officer, commanding him to search for personal property
described therein and bring before the court. (Section 1, 126 Rules of Court).
The requisites of a valid search warrant:

The requisites of a valid search warrant are the following:
It shall be issued upon probable cause;
The probable cause is determined personally by the judge upon examination under oath
affirmation of the complaint and the witnesses he may produce; and
Particularly describing the things and place to be search. (Sec 2, Art 3 of the Philippine
Constitution)
Subject of a search warrant:

A search warrant may be issue for the search and seizure of the following personal
properties:
Subject of the offense
Stolen or embezzled and other proceeds or fruit of the offense; and
Used or intended to be used as a means of committing a crime. ( Sec 3, Rule 126 of the
Rules of Court)
When to serve a search warrant:
The search warrant must direct that it be served in the day time, unless the affidavit
asserts that the property is on the person or on the place ordered to be searched, in which case, a
direction may be inserted that it may be served at any time of the day and night. (Sec 9, Rule 126
of the Rules of the Court)
The life span of the Search Warrant:

A search warrant shall be valid within ten (10) days from its date. Thereafter, it shall be
void. (Sec 10, Rule 126 of the Rules of the Court)
The distinctions between warrant of arrest and search warrant:

The distinction between Warrant of arrest and Search Warrant are the following:
The warrant of arrest and search warrant are orders in writing issued in the name of the
people of the Philippines, signed by the judge, and directed to a peace officer,
The warrant of arrest and search warrant are issued only upon probable cause;
The warrant of arrest is intended to arrest persons, while a search warrant is intended to
search and seize things specified therein;
The warrant of arrest is remain valid as long as the person stated therein is not arrested
regardless of the number of days that already lapsed, while a search warrant is valid
within 10 days;
47 | P a g e
The warrant of arrest may not be in possession of the arresting person when conducting
arrest, while the search warrant must be in possession of the police officer when
conducting search and seizures; and
The warrant of arrest may be executed any time of the day and night, while the search
warrant, as a rule, must be executed during daytime.
What is the rule in conducting search and seizures? What are the exemptions to this rule?
As a rule, every search and seizure must be done by virtue of a search warrant.
The exemptions to this rule include the following:
a. Consented search;
Under consented search, the right against unreasonable search and seizure may be
voluntary waive by a person being searched provided the following are present:
• Existence of right
• Person has knowledge, either actual or constructive, of the existence of such right; and
• Said person had an actual intention of relinquishing such right.
b. Search incidental to lawful arrest;

Under search incidental to lawful arrest, a person lawful arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the commission
of an offense without a search warrant.
c. Plainview search;
Under Plainview search, illegal things at sight may be seized even without a warrant to
do so. The things must be readily seen without any effort of locating it.
d. Search in moving vehicle (checkpoint); and

A search made in checkpoints shall be limited to visual search and neither the vehicle nor
the occupants shall be subjected to physical search or require the passenger to alight from the
vehicle. An extensive search may be allowed only if the officer conducting the search have the
probable cause to believe that they would find evidence pertaining to the commission of a crime
in the vehicle to be searched and there is no sufficient time to secure a valid warrant upon which
the passenger shall be required to alight from the vehicle to effect the search. (NAPOLCOM
Memorandum Circular No. 2011- 006)
e. Custom search
Under the custom search, the personnel of Bureau of Customs conduct search to enforce
custom law or to regulate exports and imports.
48 | P a g e
What are those crimes that may be committed by the policeman while conducting search?
a) Violation of Domicile;
Violation of domicile is committed by the public officer or employee who, not being authorized
by judicial orders, shall enter dwelling against the will of the owner thereof, search papers or
other effects founds therein without the previous consent of the owner, or, having surreptitiously
entered the said dwelling, and being required to leave said premises, shall refuse to do so. (Art
129 of RPC)
b) Search warrant maliciously obtained

Search warrant maliciously obtained is committed by a public officer or employee who procures
a search warrant without just cause. (Art 129 of the RPC)
c) Abuse in Authority of Search Warrants Legally Obtained; and

Abuse in Authority of Search Warrants Legally Obtained is committed by a public officer or
employee who has legally procured a search warrant but he exceeds the authority of the search
warrant or he uses unnecessary severity in executing the same. (Art 129 of RPC)
d) Searching Domicile without Witnesses

Searching Domicile without Witnesses is committed by a public officer or employee who is
armed with a search warrant legally procured and searches the domicile, papers, or other
belongings of any person without the presence of the owner, or any member of the family, or at
least two witnesses residing in the same locality.
5. ISSUE LICENSES FOR POSSESSION OF FIREARMS AND EXPLOSIVES IN

ACCORDANCE WITH LAW.
6. SUPERVISE AND CONTROL THE TRAINING AND OPERATIONS OF SECURITY

AGENCIES AND ISSUE LICENSE TO OPERATE SECURITY AGENCIES, AND TO
SECURITY GUARDS AND PRIVATE DETECTIVES, FOR THE PRACTICE OF
THEIR PROFESSIONS; AND
7. PERFORM SUCH DUTIES AND EXERCISE ALL OTHER FUNCTIONS AS MAY BE

PROVIDED BY LAW.
In responding to the crime scene, what must be taken into consideration by a policeman?
Every policeman, in responding to a crime scene, must not forget to save life first.
Apprehension of criminals and preservation of evidence are next priorities.
49 | P a g e
WHAT IS CUSTODIAL INVESTIGATION? WHAT ARE ITS REQUISITES?
Definition of Custodial Investigation:
Custodial Investigation is any questioning initiated by law enforcement officers after a

person has been taken into custody of otherwise deprived of his freedom of action in any
significant way.
It shall include the practice of issuing an “invitation” to a person who is investigated in

connection with an offense he is suspected to have committed, without prejudice to the liability
of the “inviting” officer for any violation of law.
What are the requisites of custodial investigation?
The questions being asked are no longer general inquiry; and

The person being questioned is considered as a suspect in the crime committed.
In a case of homicide, a policeman is interviewing a person to determine if that person

can identify the suspect. Is there custodial investigation in this case?
None yet. There is no custodial investigation in this case because the person being
investigated is not yet considered as a suspect in the crime committed.
This is even if in truth the person being investigated is the one who committed the crime.
What if a person is already considered as a suspect so he is being investigated inside his own
house and the purpose of said investigation is to determine his participation in the crime
committed, is there custodial investigation?
Yes, there is a custodial investigation. This is because the determining factors in the
existence of custodial investigation are present. The place of conducting investigation is not a
determining factor.
What are the three tools or I’s of criminal investigation?

The three tools or I’s of criminal investigation are the following:
Information
Interrogation; and
Instrumentation
50 | P a g e
Information defined:
Information is the knowledge which the investigator gathered and acquired from a
source.
Interrogation defined:
An interrogation is a questioning of a person suspected of having committed an offense
or of a person who is reluctant to make a full disclosure of information in his possession which is
persistent to the investigation.
Interview defined:
An interview is the questioning of a person who is believed to possess knowledge that is
of official interest to the investigator. The person being questioned usually gives his account of
an incident under investigation or offers information concerning a person being investigated in
his own manner and words.
The term interview may be used to describe questioning of a person who is cooperating
with the investigator, while interrogation is used to describe the vigorous questioning of one who
is reluctant to divulge information.
Instrumentation defined:
Instrumentation is the application of instruments and methods of physical science to the
detection of crime.
What are the rights of a person under custodial investigation?

The rights of a person under custodial investigation include the following:
Right to be informed of his right to remain silent;
Right to have a competent and independent counsel preferably of his own choice or
to be provided with one;
Right against torture, force violence, and intimidation or any other means which
vitiates of his free will; and
Right not to be held in secret, solitary, incommunicado, or any other similar forms of
detention.
Requisite of a valid waiver:

The person under investigation for the commission of an offense shall have the right to
waive his right to remain silent and his right to have a counsel provided that the following must
be present:
The waiver is done voluntarily;
Done intelligently;
51 | P a g e
In the presence of a competent and independent counsel; and

In writing.
 If the rights are not complied with the investigating officer, any admission, confession, or
any evidence obtained during the investigation is inadmissible in any proceeding. This is
known as the Doctrine of the Fruit of Poisonous Tree. This doctrine states that any
evidence illegally obtained is not admissible in any proceeding. In addition to the non-
admissibility of the evidence obtained, the investigating policeman may also be charged
criminally, administratively, and/or civilly.
 If the investigating official is not a policeman, there is no need to state the rights of
person under investigation for the commission of an offense. These rights are being
informed to the persons being investigated only if the investigating person is a law
enforcer.
 Confession is the direct acknowledgement of guilt, while Admission is the indirect
acknowledgement of guilt.
Two kinds of Confession/Admission:
a. Judicial Confessions/admissions- are those done in open court in the presence of the judge. It
does not need to be proved.
b. Extra-judicial Confessions/admissions- are those made outside trial. It must be proved.
Crimes that may be committed by a policeman while conducting custodial investigation:

a. Violation of Paragraph a(1), Sec. 3 of R.A. 7438- fails to inform his rights to remain silent
and to have competent and independent counsel preferably of his own choice.
b. Violation of Paragraph a(2), Sec. 3 of R.A. 7438- fails to provide a competent and
independent counsel to person arrested, detained or under custodial investigation for the
commission of an offense if the latter cannot afford the services of his own counsel.
c. Violation of Paragraph b, Sec. 3 of R.A. 7438- obstructs, prevents, or prohibits any lawyer,
any member of the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by him or by any
member of his immediate family or by counsel, from visiting and conferring privately with him,
or from examining and treating him, or from ministering him to his spiritual needs, at any hour
of the day or, in urgent cases, of the night.
52 | P a g e
Let’s Connect!
1. What do you already know about your rights? How do you think this can be applied to
everybody before and during arrest?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________.
2. What are the differences between warrant of arrest and search warrant? Why do you
think this is?
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________.
ASSESSMENT TASK
1. CASE SCENARIO ANALYSIS. Read the given case and identify if the arrest was valid or
not? Why?
A. At around 8 o’clock in the morning, Mr. Jack Ibagbaga, a police asset went to the Vigan City
Police Office to inform the Chief of Police PSupt. John Pabebe that a certain person Mr. Puro
Kape is in possession of marijuana breaks. Mr. Ibagbaga further told the Chief of Police that
Mr. Kape will walk in an intersection beside the UC Legarda Campus at about 2 o’clock in
the afternoon of the same day. Because of the information gathered, Supt Mercado formed
the policemen in civilian clothes positioned themselves in the said intersection. At about 2
o’clock in the afternoon, Mr. Ibagbaga pinpointed a person walking across an intersection of
UC Legarda Campus saying that the person is Mr. Kape. When that person already walked
across the intersection, the policemen arrested and searched him. It was found out that the
person was really Mr. Kape and the bag he was carrying really contained marijuana breaks.
Was the arrest of Mr. Kape valid?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________________________________________________.
53 | P a g e
B. A policeman was investigating a crime which was just committed to determine the identity of
the perpetrator when he saw a suspicious looking person walking across the street.
Afterwards, the policeman arrested the person, delivered him to the nearest police station,
and filed a criminal case against him even if he knew that there is no sufficient evidence
which may show that the arrested person was the one who committed the crime being
investigated. Was the arrest valid?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
___________________________________________________________________________.
C. PO3 Fayengyeng saw a man with bloody clothing holding a bloody knife. The man was even
afraid and almost run away upon seeing PO3 Fayengyeng. If you are PO3 Fayengyeng, will
you arrest the person even if you do not have a warrant of arrest?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________.
2.COMPARE AND CONTRAST . Using the table below, present the similarities and
differences of Warrant of Arrest and Search Warrant (Bulleted not in paragraph form).
SIMILARITIES:
WARRANT OF ARREST SEARCH WARRANT
DISSIMILARITIES:
WARRANT OF ARREST SEARCH WARRANT
54 | P a g e
3. Composing Poem/Song. Police officer faces various challenges in their jobs. Compose a
poem or a song (at least two (2) stanzas). You may choose from the following themes.
the challenges of police officers (e.g. discrimination from the public)

the abuses of police officers and how it may be addressed.
The investigator’s job.
other themes that is related with law enforcement.
REFLECTION:
reason why.
(Edmodo).
55 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

56 | P a g e
MODULE 2
UNIT 1: THE PROSECUTION PILLAR
LEARNING OBJECTIVES
 familiarize about investigations conducted by Police.

 differentiate Interview from Interrogation
 appreciate the importance of preliminary investigation.
 differentiate preliminary investigation and inquest proceedings
INTRODUCTION
It is the process or method whereby accusations are

brought before a court of justice to determine the innocence or
guilt of the accused. The prosecutor is not just an ordinary official
of the government, he is as well an officer of the court whose
criminal responsibility under the law, is to carry out the
administration of criminal justice system through an adequate
examination of the offense charged and to decide whether or not
to prosecute the individual offender, without sacrificing fairness
and justice. He serves as the direct contact between the
government through police agency and the court of justice, and
the suspects and the attorneys representing them. His series of
contact is made from the moment he receives the case in the trial
court. He deals with the court and defendant for and in behalf of the government he represents.
In the criminal proceedings, the prosecutor has the basic responsibility of representing the
government in the court of justice. This responsibility is based on the principle that acts and
omission punishable by law when committed are always against the public interest, and not
against the offended individual. It is for the reason that in criminal proceedings the caption of the
case is in the name of the “People of the Philippines” versus particular individual/s. If the
element of the crime alleged to have been committed are present. It is the prosecutor’s task of
bringing the offender to the court through the criminal proceedings. He must see to it that an
innocent party is unjustly and unfairly prosecuted. He must ensure that sufficient, strong and
convincing evidence exists in order to prove the guilt of the accused through the due process of
law. The defendant through his lawyer then protects his interest that the prosecutor does not
unjustly and unfairly prosecute the case. In effect, the trial of the case in some sort of a battle of
forensic law. The prosecutor is the champion of the state he represents, the lawyer is the client’s
champion.
Prosecutors work on behalf of the state and file charges against individuals who violate
state law. They play a “key role” in the administration of justice in that they exercise broad
discretion in their work. They are responsible for reviewing cases, deciding whether charges will
be filed or not.
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Dear students did you know that our parents specifically our fathers are also known as the
prosecutors of our house? Think and site of incident/scenario that could prove that your father is
a prosecutor in your own home. Justify and explain your answer.

1. What do you know about prosecutions?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Why do you think prosecution happened?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What if the prosecution pillar will not perform their functions and duties?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
 What might happen if you were being prosecuted?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
Who composes the Prosecutor?
1. Public Prosecutor-Fiscal
State prosecutor
Provincial prosecutor
City Prosecutor
Special Prosecutor
2. Attorney in private practice – They represent the parties (complainant or respondent) in
proceedings before the Public prosecutors.
3. Public defender such as PAO and other Legal Aid Lawyers (IBP, CLAO, FLAG etc.)
FUNCTIONS OF PROSECUTORS
Investigates, resolves or recommends disciplinary actions on all administrative cases
filed against State Prosecutors, Provincial/City Prosecutors, including the support staff
of the NPS;
Renders opinions or queries from Prosecutors regarding violations of the Revised
Penal Code and other penal laws and the proper legal interpretation thereof;
Acts as Vice-Chairman of the Board of Canvassers of the Commission on Elections;
58 | P a g e
Acts as Laws Officer of the province/city, in the absence of a legal officer, and as
Legal Adviser of all political instrumentalities and their officials (RA 7160,”The Local
Government Code of 1991”)
Acts as Registrar or Deeds in the absence of the Registrar of Deeds and his deputy,
and;
Represents the Office of the Solicitor General, and acts as deputized Special
Prosecutor of the Ombudsman and of the Commission on Elections when so
deputized.
DUTIES OF THE PROSECUTOR

1. Evaluate the police findings referred to them, or other complaints filed directly with them
by individual persons (e.g private citizens who are victims, or have knowledge of crimes,
government officers in charge or enforcement of the law violated);
2. File corresponding information in proper court on the basis of their evaluation of the
proofs at hand; and
3. Prosecute the alleged offenders in court, in the name of the People of the Philippines.
PROSECUTORIAL DISCRETION OPPORTUNITIES:

1. Deciding to prosecute.
2. Terminating prosecution through nolle. If the prosecutor found out later after
arraignment that the evidence is not enough to prove the guilt of the accused beyond
reasonable doubt, he would pray for the dismissal or terminate further proceeding; or
if there is an affidavit of desistance.
*Nolle- Is a request made by the prosecutor to the judge for approval to terminate further
criminal prosecution against a suspect.
3. Prosecuting on reduced Charges – The prosecutor uses discretion to reduce charges
like murder to homicide.
4. Dropping Multiple Counts – The Prosecutor can drop several charges and come-up
with only a single. E.g complex crime
5. Making sentencing recommendations. If the accused pleaded guilty and he is a first
time offender or a minor, the prosecutor can recommend for a lighter sentence. This is
the only stage that the prosecutor can make recommendations.
6. Plea Bargaining – Is the process of discussion between the defense counsel and the
prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in exchange for the defendant’s entering a
guilty plea.
-This can be done during and even after arraignment or re-arraignment.
The purpose of delivering and detaining the arrested person to the nearest police station or
jail
When the arrest is with warrant, the arrested person must be detained for him to face the
case that is already filed against him or to serve his sentence if he is already convicted. However,
if the arrest is without warrant, he must be detained to undergo an inquest proceeding or
preliminary investigation.
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Inquest Proceeding- Is a proceeding done by the inquest prosecutor to determine the validity of
warrantless arrest. This is very summary in nature which may be done by an informal interview
with the arresting officer and/or the arrested person.
Procedure in Inquest Proceeding:

Upon arrest of a person without warrant, the policeman must detain the arrested person to
the nearest jail or police station. Afterwards, the arresting policeman shall locate or contact
immediately the inquest prosecutor for the latter to determine whether the arrest is valid and the
following rules must be observed:
If the prosecutor finds out that the arrest is valid, he may order the further detention
of the arrested person and the filing of the information before the proper court; or
If the prosecutor finds out that the arrest is not valid, he may order the release of the
arrested person upon signing a Promise to Appear.
*Promise to Appear- is a written agreement between the prosecutor and the arrested person that
the latter must voluntarily show himself whenever required to do so by the former to make some
clarification relative to his arrest.
It must be noted further that the inquest proceeding and the filing of the information in
court must be done with the period stated under Art. 125 of RPC. It provides for a mode of
committing Arbitrary Detention by Delay in the Delivery of Arrested Persons to the Proper
Judicial Authorities.
This is committed by a public officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial authorities within the following
period:
12 hours for crimes punishable by light penalties;
18 hours for crimes punishable by correctional penalties; and
36 hours for crimes punishable by afflictive or capital penalties.
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.
It is an inquiry held for the purpose of ascertaining whether or not probable cause is
present. It is intended to secure the innocent against hasty, malicious, and oppressive
prosecution and to protect him from an open and public accusation of crime. It is further
intended to protect the State from useless and expensive trial.
Except as provided in sec. 7 (when accused lawful arrested without warrant) of this rule,
a preliminary investigation is required to be conducted before the filing of the complaint or
information for an offense where the penalty prescribe by law is at least 4 year, 2 months and 1
day without regard to fine.
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Originally, PD 911, which took effect on March 23, 1976, has for its main objectives:
To hasten in the investigation of criminal complaints involving grave felonies punishable
by death, life imprisonment, reclusion temporal and prison mayor or cases cognizable by the
criminal courts.
Probable Cause- Is the existence of sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably guilty thereof. If probable cause exists,
the respondent should be held for trial.
When Preliminary Investigation required?

- It is required when the imposable penalty for the crime charged is at least 4 years, 2
months, and 1 day (4:2:1) imprisonment without regard to the fine.
When may an arrested person ask for a preliminary investigation?

A person may ask for a preliminary invest. In any of the following:
a. before the filing of complaint or information in court; or
b. within 5 days from the time he learns that a complainant or information is already filed against
him in court.
*Note: In asking for a preliminary invest., the arrested person must sign a waiver to renounce his
right under Art. 125 of the RPC. Notwithstanding the waiver, he may apply for bail.
Prima facie Evidence – is such as establishes a fact and unless rebutted or explained by
evidence becomes conclusive and it is considered as if fully proved.
Denotes evidence which. If unexplained or un-contradicted, is sufficient to sustain the

proposition it support or to establish the facts, as to counterbalance the presumption of innocence
to warrant a conviction.
Complaint – A sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or the public officer charged with the enforcement of the law
violated.
Requisites of Complaint:
1. Written statement under oath.
2. Signed either:
a. Offended party
b. Any peace officer or public officer charged with the enforcement of the law violated.
Information – Is an accusation in writing charging a person with an offense, subscribed by the

prosecutor and file with the court.
Requisites of Information:
Written accusation
A person is charged of an offense
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Signed by the public prosecutor; and

The information is filed with the court.
Purpose of Preliminary Investigation

To protect the innocent against hasty, malicious and oppressive prosecution.
To spare him from trouble, expensive and anxiety to a public trial.
To protect the state itself from useless and wasteful rights.
Officers Authorized to conduct preliminary Investigations.
The following may conduct preliminary investigations:

Provincial or City Prosecutors and their assistants;
Judges of the Municipal Trial Courts and the Municipal Circuit Trial Courts;
National and Regional State Prosecutor; and
Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes cognizable
by the proper court in their respective territorial jurisdictions.
Cognizable - Within jurisdiction of court or power given to court to adjudicate controversy.
Prosecute – to prosecute an action is not merely to commence it but includes following it to an

ultimate end.
Other officers authorized by law:
*COMELEC – Conduct preliminary investigation on all cases under the Umnibus Election
Code. 1987 constitution mandates the COMELEC not only to investigate but also to prosecute
cases of violation of election laws.
*PCGG – prosecution for violation of RA 3019 ( Anti-Graft Law) and RA 1379 (Unexplained
Wealth). The office of the Solicitor General can legally represent respondent government
officials in preliminary investigation in the prosecutor’s office on charges of violations of Anti-
Graft Law.
Military Tribunal – Governed by the Articles of War.

Note: Metropolitan Trial Judges of the NCR (Manila) and the RTC judges are no longer
authorized to conduct preliminary investigation, but still have the authority to determine the
existence of probable cause for the issuance of a warrant of arrest or search warrant.
All criminal actions either commended by complaint or information shall be prosecuted

under the control and direction of the prosecutor. However, the MTC and MCTC when there is
no prosecutor available, the offended party, any peace officer charged with the enforcement of
the law violated may prosecute the case.
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Municipal Mayors in the absence of the inferior judge cannot conduct preliminary
investigation, nor issue warrant of arrest, the Local Government Code.
The Procedure in conducting Preliminary Investigation.

The procedure in conducting preliminary investigation shall be the following:
a. Filing of the complaint;
The complaint to be filed shall be accompanied by:
 The affidavit of the complainant and his witnesses; and
 Other supporting documents to establish probable cause.
The complaint shall be in such number of copies as there are respondents, plus two (2)
copies for the official file. Hence, if there are three (3) respondents, five (5) copies of
complaint must be filed.
b. Dismissal of the Complaint or issuance of Subpoena by the investigating officer;

Within 10 days after the filing of the complaint, the investigating officer shall either:
 Dismiss the complaint if he finds no ground to continue with investigation; or
 Issue subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
c. Submission of counter-affidavit (answer) by the respondent;

Within 10 days from the receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondents shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his defense.
If the respondent cannot be subpoenaed or if subpoenaed does not submit his counter-
affidavit within the 10-day period the investigating officer shall resolve the complaint based on
evidence presented by the complainant.
d. Clarification; (it shall be terminated within 5 days)

Within 10 days from filing counter-affidavit by the respondent, the investigating officer
may set a date for hearing if there are facts and issues to be clarified from a party or a witness.
The parties can be present at the hearing but without the right to examine or cross-
examine. They may, however, submit to the investigating officer questions whichmay be asked
to the party or witness concerned.
e. Issuance of Resolution; and

Resolution is to be issued within 10 days from the termination of investigation or
clarification. After investigation, the investigating officer shall either:
 Prepare a resolution and information if he finds cause to hold the respondent for trial; or
 Recommend the dismissal of the complaint if he finds no cause to hold the respondent for
trial.
The investigating officer shall certify under oath in the information the following:
a. That he, or as shown in the record, an authorized officer has personally examined the
complaint and his witnesses;
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b. That there is a reasonable ground to believe that a crime has been committed and that the
accused is probably guilty thereof;
c. That the respondent was informed of the complaint and of the evidence against him; and
d. That he was given an opportunity to submit controverting evidence.
*Take Note: The one prepared by the prosecutors is RESOLUTION, not decision or judgment.
f. Transmittal of the record of the case.

Within 5 days from resolution, the investigating officer must transmit the record of the
case to the Provincial or City Prosecutor or Chief State Prosecutor, or to the Ombudsman or his
Deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction. These officers will act on the resolution within 10 days from receipt thereof and
shall immediately inform said parties of such action.
*Take Note: No complaint or information may be filed or dismissed by an investigating
prosecutor without prior written authority or approval of any of the following:
The Provincial or City Prosecutor;

The Chief State Prosecutor; or
The Ombudsman or hid Deputy, in cases cognizable by the ombudsman
Role of the Prosecutor under R.A. 9344

a. To conduct inquest, preliminary investigation, and prosecution of cases involving a child
in conflict with the law. If there is an allegation of torture or ill-treatment of a child in
conflict with the law during arrest or detention, it shall be the duty of the prosecutor to
investigate the same.
b. To conduct preliminary investigation in the following instances:
When the child in conflict with the law does not qualify for diversion;
When the child, his/her parents or guardian does not agree to diversion as
provided by RA 9344;
When considering the assessment and recommendation of the social worker, the
prosecutor determines that diversion is not appropriate for the child in conflict
with the law.
c. To serve the subpoena and the affidavit of the complainant and shall notify the Public
Attorney’s Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
d. To file the information against the child before the Family Court, upon determination of
probable cause, within forty-five (45) days from the start of preliminary investigation.
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ASSESSMENT TASK:
1. The Role of the Prosecutor. Identify the roles of prosecutors by comping up with
word/s/phrase/s that starts with each letter comprising the term PROSECUTOR.
P-
R-
O-
S-
E-
C-
U-
T-
O-
R-
2. Why prosecution is important in the criminal justice system before the case filed in the
court pillar? Explain your answer.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
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3. Aside from the Public Prosecutors, there are also other prosecuting bodies that are
involved in special cases. Research at least five (5) other prosecuting bodies.
PROSECUTING BODIES FUNCTION/S
REFLECTION:
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reason why.
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UNIT 2: FUNCTIONS OF THE PROSECUTION
LEARNING OUTCOMES
 Familiarize and explain the process of the 2nd pillar

 Discuss the process or procedure taken by the prosecution
INTRODUCTION
The steps and the procedure or process of the prosecution is very important to weigh the
degree of the crime or act committed by the suspect investigated by the police or law
enforcement. It is their duty to find the probability of the crime that it was committed by the
suspect. It should also conduct investigation to find if the evidence presented by the police was
enough to file a case to the court.
1. What do you want to know about the function of the prosecutor?

________________________________________________________________________
_______________________________________________________________________.
2. What do you know about the process taken by the prosecutor?
________________________________________________________________________
_______________________________________________________________________.
Prosecutors are supposed to supervise onsite police investigations into suspicious deaths
(DoJ Circular 16, section 16); ensure that post-mortem examinations are performed, and that the
chain of custody of material evidence is properly documented. But in reality inquest prosecutors
do not usually take part in onsite investigations, except in high-profile cases. Instead they depend
on the results of police investigations, particularly those of the Scene of the Crime Operatives,
the police unit charged with forensic investigation and gathering of evidence. They also do not
usually try to verify whether or not the information and evidence of police investigators is
accurate or obtained lawfully, and even if they require the police to produce further evidence, it
is still the same police unit who filed the original report that will investigate further.
Steps in Preliminary/ Summary Investigation
Step Complainant/s Service provided Time Officer-in-charge
1 Present to desk officer the complaint Preliminary Evaluation of 10 minutes Desk officer
complete with all annexes. Complaint
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2 Proceed to subscribing officer Evaluation of the subscribing 10 minutes Prosecutor on duty

Prosecutor; Subscription of the
complaint
3 Proceed to docket section Receiving of complaint and 5 minutes Records Officer

entering into the Office’s docket
4 Receive copy of the complaint (with Furnishing complainant with 2 minutes Records Officer
docket number) copies of his/her complaint
5 Appear at Preliminary Investigation Conduct of preliminary Not Applicable Prosecutor to whom

proper investigation proper case is raffled.
6 END OF TRANSACTION
In this illustration above, presents the steps of preliminary investigation conducted by the
Prosecutors.
Steps in Inquest Proceedings
Step Complainant(s) Service provided Time Officer-in-charge

(Inquest Officer/s)
1 Present to desk officer the complaint Preliminary Evaluation of 10 minutes Desk officer
complete with all its attachments. Complaint
2 Proceed to Inquest Officer Determination of validity of Dependent on the Inquest Prosecutor on

arrest; and probable cause that nature of the case. duty
crime has been committed and the
person arrested should be held for
trial.
3 Proceed to docket section Receiving of complaint and 5 minutes Records Officer

entering into the Office’s docket
4 Receive copy of the complaint (with Furnishing complainant with 2 minutes Records Officer
docket number) copies of his/her complaint
5 n.a. Preparation of Inquest Dependent on the Inquest Prosecutor on

Disposition, Release Order, nature of the case. duty
Criminal Information, as the case
may be
6 n.a. Release Disposition, Release

order, or Filing of Information in
Court, as the case may be
END OF TRANSACTION
The figure above presents the steps in inquest proceedings conducted by the prosecutor
before filing the case to the court.
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Inquest and Preliminary Investigation Rules 110 and 112 of the Revised Rules on Criminal
Procedure
A. RULE 110 – PROSECUTION OF OFFENSES
Section 1. Institution of criminal actions.– Criminal actions shall be instituted as

follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints shall be filed with the office of the prosecutor
unless otherwise provided in their charters.
The institution of the criminal action shall interrupt the running of the period of
prescription of the offense charged unless otherwise provided in special laws.
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.
Sec. 3. Complaint defined. – A complaint is a sworn written statement charging a person

with an offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated.
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.
Sec. 5. Who must prosecute criminal actions? – All criminal actions commenced by a
complaint or information shall be prosecuted under the direction and control of the prosecutor.
However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor
assigned thereto or to the case is not available, the offended party, any peace officer, or public
officer charged with the enforcement of the law violated may prosecute the case. This authority
shall cease upon actual intervention of the prosecutor or upon elevation of the case to the
Regional Trial Court.(Read A.M. NO. 02-2-07-SC [Effective May 01, 2002] Latest Amendments
to Section 5, Rule 110 of the Revised Rules of Criminal Procedure which provides: "Section 5.
Who must prosecute criminal action. - All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and control of a public prosecutor. In case of
heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the
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Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so
authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the
case up to end of the trial even in the absence of a public prosecutor, unless the authority is
revoked or otherwise withdrawn. x x x .").
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse. The offended party cannot institute criminal prosecution without
including the guilty parties, if both are alive, nor, in any case, if the offended party has consented
to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted
upon a complaint filed by the offended party of her parents, grandparents or guardian, nor, in any
case, if the offender has been expressly pardoned by any of them. If the offended party dies or
becomes incapacitated before she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the
offenses of seduction, abduction and acts of lasciviousness independently of her parents,
grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the
offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian
may file the same. The right to file the action granted to parents, grandparents, or guardian shall
be exclusive of all other persons and shall be exercised successively in the order herein provided,
except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of any of the offenses
mentioned above shall be brought except at the instance of and upon complaint filed by the
offended party.
The prosecution for violation of special laws shall be governed by the provision thereof.
Sec. 6. Sufficiency of complaint or information. – A complaint or information is

sufficient if it states the name of the accused; the designation of the offense given by the statute;
the acts or omissions complained of as constituting the offense; the name of the offended party;
the approximate date of the commission of the offense; and the place where the offense was
committed.
When an offense is committed by more than one person, all of them shall be included in
the complaint or information.
Sec. 7. Name of the accused. – The complaint or information must state the name and
surname of the accused or any appellation or nickname by which he has been or is known. If his
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name cannot be ascertained, he must be described under a fictitious name with a statement that
his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other
manner to the court, such true name shall be inserted in the complaint or information and record.
Sec. 8. Designation of the offense. – The complaint or information shall state the
designation of the offense given by the statute, aver the acts or omissions constituting the
offense, and specify its qualifying and aggravating circumstances. If there is no designation of
the offense, reference shall be made to the section or subsection of the statute punishing it.
Sec. 9. Cause of the accusation. – The acts or omissions complained of as constituting

the offense and the qualifying and aggravating circumstances must be stated in ordinary and
concise language and not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well as its
qualifying and aggravating circumstance and for the court to pronounce judgment.
Sec. 10. Place of commission of the offense. – The complaint or information is sufficient
if it can be understood from its allegations that the offense was committed or some of its
essential ingredients occurred at some place within the jurisdiction of the court, unless the
particular place where it was committed constitutes an essential element of the offense charged
or is necessary for its identification.
Sec. 11. Date of commission of the offense. - It is not necessary to state in the complaint
or information the precise date the offense was committed except when it is a material ingredient
of the offense. The offense may be alleged to have been committed on a date as near as possible
to the actual date of its commission.
Sec. 12. Name of the offended party. – The complaint or information must state the
name and surname of the person against whom or against whose property the offense was
committed, or any appellation or nickname by which such person has been or is known. If there
is no better way of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if the name of the offended party is unknown, the property
must be described with such particularity as to properly identify the offense charged.
(b) If the true name of the person against whom or against whose property the offense was
committed is thereafter disclosed or ascertained, the court must cause such true name to be
inserted in the complaint or information and the record.
(c) If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without need of averring that
it is a juridical person or that it is organized in accordance with law.
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Sec. 13. Duplicity of the offense. – A complaint or information must charge only one
offense, except when the law prescribes a single punishment for various offenses.
Sec. 14. Amendment or substitution. – A complaint or information may be amended, in

form or in substance, without leave of court and when it can be done without causing prejudice
to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense
charged in or excludes any accused from the complaint or information, can be made only upon
motion by the prosecutor, with notice to the offended party and with leave of court. The court
shall state its reasons in resolving the motion and copies of its order shall be furnished all parties,
especially the offended party.
If it appears at any time before judgment that a mistake has been made in charging the
proper offense, the court shall dismiss the original complaint or information upon the filing of a
new one charging the proper offense in accordance with section 19, Rule 119, provided the
accused shall not be placed in double jeopardy. The court may require the witnesses to give bail
for their appearance at the trial.
Sec. 15. Place where action is to be instituted. - (a) Subject to existing laws, the criminal
action shall be instituted and tried in the court of the municipality or territory where the offense
was committed or where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be instituted and tried in the court of any municipality
or territory where such train, aircraft, or other vehicle passed during its trip, including the place
of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of the first port of entry or of any municipality or
territory where the vessel passed during such voyage, subject to the generally accepted principles
of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised
Penal Code shall be cognizable by the court where the criminal action is first filed.
Sec. 16. Intervention of the offended party in criminal action. – Where the civil action
for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the prosecution of the offense.
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B. Rule 112 – Preliminary Investigation
Section 1. 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 compliant or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the
fine.
Sec. 2. Officers authorized to conduct preliminary investigations. – The following may

conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes cognizable
by the proper court in their respective territorial jurisdictions.
Sec. 3. Procedure.– The preliminary investigation shall be conducted in the following

manner:
(a) The complaint shall state the address of the respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as well as other supporting documents to
establish probable cause. They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to administer oath, or, in their absence or
unavailability, before a notary public, each of whom must certify that he personally examined the
affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the
respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the
complainant which he may not have been furnished and to copy them at his expense. If the
evidence is voluminous, the complainant may be required to specify those which he intends to
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present against the respondent, and these shall be made available for examination or copying by
the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his counter-affidavit and that of his
witnesses and other supporting documents relied upon for his defense. The counter-affidavits
shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a
motion to dismiss in lieu of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the investigating office shall resolve the complaint
based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be clarified from
a party or a witness. The parties can be present at the hearing but without the right to examine or
cross-examine. They may, however, submit to the investigating officer questions which may be
asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits
and other documents or from the expiration of the period for their submission. It shall be
terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall determine
whether or not there is sufficient ground to hold the respondent for trial.
Sec. 4. Resolution of investigating prosecutor and its review. – If the investigating

prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information that he, or as shown by the record, an
authorized officer, has personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the accused is probably
guilty thereof; that the accused was informed of the complaint and of the evidence submitted
against him; and that he was given an opportunity to submit controverting evidence. Otherwise,
he shall recommend the dismissal of the complaint.
Within five (5) days from his resolution, he shall forward the record of the case to the
provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in
cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction.
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They shall act on the resolution within ten (10) days from their receipt thereof and shall
immediately inform the parties of such action.
No complaint or information may be filed or dismissed by an investigating prosecutor

without the prior written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or
the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by
himself, file the information against the respondent, or direct another assistant prosecutor or state
prosecutor to do so without conducting another preliminary investigation.
If upon petition by a proper party under such rules as the Department of Justice may
prescribe or motu propio, the Secretary of Justice reverses or modifies the resolution of the
provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned
either to file the corresponding information without conducting anther preliminary investigation,
or to dismiss or move for dismissal of the complaint or information with notice to the parties.
The same rule shall apply in preliminary investigations conducted by the officers of the Office of
the Ombudsman.
Sec. 5. Resolution of investigating judge and its review. – Within ten (10) days after the
preliminary investigation, the investigating judge shall transmit the resolution of the case to the
provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable
by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action.
The resolution shall state the findings of facts and the law supporting his action, together
with the record of the case which shall include:
(a) the warrant, if the arrest is by virtue of a warrant;
(b) the affidavits, counter-affidavits and other supporting evidence of the parties;
(c) the undertaking or bail of the accused and the order for his release;
(d) the transcripts of the proceedings during the preliminary investigation; and
(e) the order of cancellation of his bail bond, if the resolution is for the dismissal of
the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or
the Ombudsman or his deputy, as the case may be, shall review the resolution of the
investigating judge on the existence of probable cause. Their ruling shall expressly and clearly
76 | P a g e
state the facts and the law on which it is based and the parties shall be furnished with copies
thereof. They shall order the release of an accused who is detained if no probable cause is found
against him.
Sec. 6. When warrant of arrest may issue. –
(a) By the Regional Trial Court. – Within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails
to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested pursuant to a warrant issued by the
judge who conducted the preliminary investigation or when the complaint or information was
filed pursuant to section 7 of this Rule. In case of doubt on the existence of probable cause, the
judge may order the prosecutor to present additional evidence within five (5) days from notice
and the issue must be resolved by the court within thirty (30) days from the filing of the
complaint of information.
(b) By the Municipal Trial Court. – When required pursuant to the second paragraph of
section of this Rule, the preliminary investigation of cases falling under the original jurisdiction
of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or
Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor. When
conducted by the prosecutor, the procedure for the issuance of a warrant of arrest by the judge
shall be governed by paragraph (a) of this section. When the investigation is conducted by the
judge himself, he shall follow the procedure provided in section 3 of this Rule. If his findings
and recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or
his deputy, and the corresponding information is filed, he shall issue a warrant of arrest.
However, without waiting for the conclusion of the investigation, the judge may issue a warrant
of arrest if he finds after an examination in writing and under oath of the complainant and his
witnesses in the form of searching questions and answers, that a probable cause exists and that
there is a necessity of placing the respondent under immediate custody in order not to frustrate
the ends of justice.
(c) When warrant of arrest not necessary. – A warrant of arrest shall not issue if the
accused is already under detention pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint or information was filed
pursuant to section 7 of this Rule or is for an offense penalized by fine only. The court shall them
proceed in the exercise of its original jurisdiction.
Sec. 7. When accused lawfully arrested without warrant. – When a person is lawfully
arrested without a warrant involving an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without need of such investigation
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provided an inquest has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a
peace officer directly with the proper court on the basis of the affidavit of the offended party or
arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a waiver of the
provision of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel.
Notwithstanding the waiver, he may apply for bail and the investigation must be terminated
within fifteen (15) days from its inception.
After the filing of the complaint or information in court without a preliminary

investigation, the accused may, within five (5) days from the time he learns of its filing, ask for a
preliminary investigation with the same right to adduce evidence in his defense as provided in
this Rule.
Sec. 8. Records. –
(a) Records supporting the information or complaint. – An information or complaint filed

in court shall be supported by the affidavits and counter-affidavits of the parties and their
witnesses, together with the other supporting evidence and the resolution on the case.
(b) Record of preliminary investigation. – The record of the preliminary investigation,

whether conducted by a judge or a prosecutor, shall not form part of the record of the case.
However, the court, on its own initiative or on motion of any party, may order the production of
the record or any of its part when necessary in the resolution of the case or any incident therein,
or when it is to be introduced as an evidence in the case by the requesting party.
Sec. 9. Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure. –
(a) If filed with the prosecutor. – If the complaint is filed directly with the prosecutor
involving an offense punishable by imprisonment of less than four (4) years, two (2) months and
one (1) day, the procedure outlined in section 3(a) of this Rule shall be observed. The prosecutor
shall act on the complaint based on the affidavits and other supporting documents submitted by
the complainant within ten (10) days from its filing.
(b) If filed with the Municipal Trial Court. – If the complaint or information is filed with
the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section,
the procedure in section 3 (a) of this Rule shall be observed. If within ten (10) days after the
filing of the complaint or information, the judge finds no probable cause after personally
evaluating the evidence, or after personally examining in writing and under oath the complainant
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and his witnesses in the form of searching questions and answers, he shall dismiss the same. He
may, however, require the submission of additional evidence, within ten (10) days from notice,
to determine further the existence of probable cause. If the judge still finds no probable cause
despite the additional evidence, he shall, within ten (10) days from its submission or expiration
of said period, dismiss the case. When he finds probable cause, he shall issue a warrant of arrest,
or a commitment order if the accused had already been arrested, and hold him for trial. However,
if the judge is satisfied that there is no necessity for placing the accused under custody, he may
issue summons instead of a warrant of arrest.
Let’s Connect!
1. What do you already know about prosecution? How do you think this can be applied to
the prosecution process?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK:
1. Is prosecution important in the criminal justice system process before the filing of the
case in the court pillar? Justify your answer.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. Read the procedure in conducting a preliminary investigation. Make a diagram

showing the step by step procedures undertaken by the prosecutor.
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REFLECTION:
reason why.
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UNIT 3: THE COURT PILLAR
LEARNING OBJCTIVES
 Familiarize the role of court in the PCJS.

 Discuss the court hierarchy.
 Enumerate the different stages of trial.
 Appreciate the importance of each stage of trial in the administration of
justice.
INTRODUCTION
During the pre-Spanish times in the Philippines, all trials of criminal and civil cases were
in public. The litigants in the case pleaded their own case. These were no lawyers, court clerks,
or stenographers. The litigants presented their witnesses. Before testifying, this witness took an
oath to tell the truth. The oath was in various forms, such as that “may the crocodile eat me”,
may I die if I tell a lie”, “may no woman love me”, or “may the moon frown upon me”. To our
forefathers, their oaths were sacred. Perjury was rare in the early trials. The barangay court
decided the case in favor of the litigants who presented more proofs than the other.
The court plays a dual role in the Philippine Criminal Justice System – as participants and
supervisor of the latter’s process and dissention. In its role as participants, the court determines
for the guilt or innocence of the accused.
1. What do you want to know about the court pillar?

________________________________________________________________________
_______________________________________________________________________.
2. Why we must know the function of the court?
________________________________________________________________________
_______________________________________________________________________.
TERMINOLOGIES
Court – is governmental body officially assembled under authority of law at the

appropriate time and place for the administration of justice through which the state
enforces its sovereign rights and power (21 CJS, 16)
Jurisdiction – the authority to hear and determine a cause (Herrera vs. Barreto and
Joaquin)
Venue – is the site or location where the case is to be tried on the merits.
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Bail – is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, conditioned upon his appearance before any court as required under
the conditions hereinafter specified. Bail maybe given in the form of corporate surety,
property bonds, cash deposit or recognizance (Sec. 1, Rule 114)
Judgment – is the adjudication by the court that accused is guilty or not guilty of the
offense charged, and the imposition of the proper penalty and civil liability provided for
by law on the accused (Sec. 1, Rule 120)
COURT ORGANIZATION
1. Supreme Court - often referred to as the “court of Last Resort”. It renders final judgment
on constitutional and other important issues and questions of law.
The current building of the Supreme Court was designed by the Filipino architect Antonio
Toledo in accordance to the 1905 Burnham Plan of Manila. The four pillars of the façade of the
Supreme Court represent the four level of hierarchy of courts. The bronze statue of seated figures
of Chief Justices Cayetano Arellano and José Abad Santos is guarding each side of the entrance
to the Court. Upon entering the Supreme Court Building, the Main lobby of the Court with the
logo of the Court will be found at its center, to the right is the Dignitaries' Lounge and Division
Hearing Room at its left. The second floor of the building is where the Gallery of the portraits of
the Chief Justice and the En Banc Session Hall is located.
2. Court of Appeals – This court generally exercises appellate jurisdiction over decisions of
interior courts not otherwise falling within the appellate jurisdiction of the Supreme Court.
3. Regional Trial Court – There are Regional Trial Court in various types of the country.
Regional Trial Court exercise exclusive original jurisdiction in civil cases as describe in Sec. 19
Chapter II of the Batas Pambansa 129 (judiciary Reorganization Act of 1980) and in criminal
cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling
under of a court renders unnecessary any very frequent exercises of its powers. The fact that it
operates by known rules and with reasonably predictable results leads those who might otherwise
engage in controversy to compose their differences. (The New Encyclopedia Britannica,
Vol.,22, Macropedia, Page 480)
DIFFERENT COURTS IN THE PHILIPPINES
1. The Supreme Court – It shall be composed of a Chief Justice and fourteen (14) Associate
Justice and may sit either en banc or its discretion, in division of three, five or seven members.
Any vacancy shall be filled within ninety days from occurrence thereof (Sec. 4, par. (1), Art.
VIII, New Philippine Constitution (1987)
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The Supreme Court shall have administrative supervision over all courts and the
personnel thereof (Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an banc shall have the
power to discipline judges of lower courts on order their dismissal by a vote of a majority of the
Members who actually took part in the deliberation on the issues in the case and voted thereon.
(Sec. 11, Art. VIII, ibid)
2. Court of Appeals – it shall be composed of a Presiding Justice and fifty Associate Justices
who shall be appointed by the President of the Philippines (Sec. 3, B.P. Blg. 129 as amended by
Exec. Order No. 33)
3. Regional Trial Courts – There are thirteen (13) Regional Trial Courts one for each judicial
region.
4. The so called Inferior Courts – There shall be created a Metropolitan Trial Court in each
Metropolitan areas established by law, a Municipal Trial Court in each of the other cities or
municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or
municipalities as are grouped together pursuant to law (Sed. 25, Batasang Pambansa Blg. 129)
5. Sandiganbayan – a Special Court tasked to handle criminal cases involving graft and
corruption and other offenses committed by public officers and employees to connection with the
performance of their function or the so-called service-connected duties. The Sandiganbayan was
created under Presidential Decree No. 1606 pursuant to Section 5, Article XIII of the 1973
Constitution, is a special court which has jurisdiction over criminal and civil cases involving
graft and corrupt practices and other offences committed by public officers and employees in
relation to their offices.
6. Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court – a
Metropolitan Trial Court is created in each metropolitan area established by law. A Municipal
Circuits Trial Court is established in each area defined as a municipal circuit, comprising of one
or more cities and/or more municipalities. A Municipal Trial Court is created in each of the
Municipalities that are not comprised within a municipal area and a municipal circuit.
The Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal Trial
Courts have exclusive original jurisdiction, among others, over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction and all offenses punishable
with imprisonment of not to exceed four (4) years and two (2) months, or a fine of not more than
four thousand pesos (4000) both such fine and imprisonment regardless of other imposable
accessory or other penalties.
7. Shari’a Courts – The Shari’a Courts are equivalent to Regional Trial Courts but are found
in some Provinces in Mindanao where the Muslim Code on Personal Laws is enforced.
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ROLE OF THE COURT
1. In its capacity as participant, the court must decide the culpability or innocence of the
accused after careful examinations of the records of the case after its trial on the merit. If the,
prosecution successfully proves the guilt of the accused beyond reasonable doubt. The court has
no option but to render a decision convicting the accused. On the other hand, if the prosecution
fails to show the guilt of the accused for insufficiency of evidence he would be exonerated or
acquitted and or release from prison if he is under detention unless he has another pending case
where he fails to post bail for his provisional release.
2. As a supervisor, the court has a noble mission as a protector of human rights. These rights
refer “to those rights which are inherent in our nature and without which we cannot live as
human beings” (p. 4 Human Rights Questions and Answers, United Nations, New York, 1987).
The main function of the courts is to promote justice in order to obtain peace, satisfaction and
happiness of the citizenry. Corollary to this, the judge should exhibit impartially in his decision
to the contentment of all litigants.
COURTS FUNCTION
1. Keeping Peace – “The Primary functions of any court system in any nation – to help keep
domestic peace – is so obvious that it is rarely considered or mentioned. If there were no
agency to decide impartially and authoritatively whether a person had committed a crime and if
so, what should be done with him, other person offended by his conduct would take the law into
their own hands and proceed to punish him according to their uncontrolled discretion.
If there were no agency empowered to decide private disputes and authoritatively, self-
help, quickly degenerating to physical violence, would prevail and anarchy would result. Not
even a primitive society could survive under such conditions. As social order would be
destroyed. In this most basic sense, courts constitute an essential element in society’s machinery
for keeping peace.
2. Deciding Controversies – in the course of helping to keep the peace, courts are called upon
to decide controversies. If, in a criminal case, the defendant denies committing the acts against
him, the court must choose between his version of the facts and prosecution’s, and if he asserts
that his conduct did not constitute a crime, the court must decide whether his view of the law or
the prosecution’s is correct. The issues presented to, and decided by the court maybe either
factual, legal or both.
3. Administrative Role – it would be a mistake, however, to assume that courts spend all of
their time deciding controversies. Many cases brought before them are not contested. They
represent potential, rather than actual, controversies in which the court’s role is more
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administrative than adjudicatory. The mere existence, the exclusive and concurrent jurisdiction
of the Sandiganbayan.
THE JUDICIAL PROCESS
The final determination of the innocence or guilt of persons accused of crimes by the
Prosecution Component, is done by the Judicial Component (the courts).
In the context of the Criminal Justice System, after a suspect has gone through the
prosecutorial Component, he is sent to the proper Trial Court which then passes upon his
innocence or guilt. If the Trial Court finds that his guilt has not been proven beyond reasonable
doubt, or he is innocent, he is acquitted, and there is an end to the matter. The accused he returns
to the community, a free man. If the court, however, finds that his guilt has been proven beyond
reasonable doubt, it sentences him to the corresponding penalty. If the judgment becomes final,
the suspect is passed on to the next component, the PENAL OR CORRECTIOAL component.
KINDS OF COURT JURISDICTION:
Jurisdiction is the power and authority to hear, try, and decide a case. (Aquino, 2005)
1. Original Jurisdiction is the power and authority to hear, try and decide cases brought in
the court, body or tribunal for the first time. An example of it if the crime of theft is first
heard by a Municipal Trial Court.
2. Appellate Jurisdiction is the power and authority to hear, try and decide cases
previously heard by a lower court, body or tribunal.
3. Exclusive Jurisdiction is the power and authority to hear, try and decide to the exclusion
of other courts, body, or tribunal. An example of this is the Municipal Trial Courts have
exclusive jurisdiction over cases punishable by light penalties.
4. Concurrent jurisdiction is the power and authority to hear, try and decide cases that
may be brought to two or more courts, body or tribunal.
5. General Jurisdiction is the power and authority to hear, try, and decide all disputes
which may come before it except those assigned to hear other courts, body or tribunal.
An example of this is the jurisdiction of regional Trial Courts. RTC have jurisdiction over
cases not assigned to any other court, body or tribunal.
6. Limited Jurisdiction is the power and authority to hear and determine only specific
cases. An example of this is the jurisdiction of Municipal Trial Courts. MTC have
jurisdictions only to cases expressly specified by the law.
7. Criminal Jurisdiction is the power and authority to hear cases for punishment of crime.
An example of this is when a court hears a criminal case of homicide.
8. Civil Jurisdiction is the power and authority to hear cases not criminal in nature. An
example of this is a suit for collection of money.
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Let’s Connect!
1. What do you already know about the court pillar? How do you think this can be applied
to the process of the whole pillar of the Criminal Justice System?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. What would happen if court fails to adjudicate the imprisonment of the accused?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
Do the following to test your mastery of the discussion presented above:
1. Why the Supreme Court of the Philippines has four vertical lines in the façade? Explain
your answer.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. How important the role of the Court in the criminal justice process? Expound your
answer.
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________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
____________________________________________________________________.
REFLECTION:
reason why.
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UNIT 4: THE COURT PROCESS
LEARNING OUTCOMES
 Explain the process of arraignment

 Identify the different bail bonds that can be applied in every
person
 Discuss and analyze the process of court hearing
The process of court hearing is important to know and to study the true facts happened in
the commission of crime. Both parties should be present to start the trial or hearing. But first the
accused should be arraign in order for him/her to know the nature of his case. After arraignment
he can now apply for bail but not all case can be bailable. If the accused granted his bail
application, he/ she will be freed temporarily and they will proceed to the court trial. If the court
finds the accused guilty, the court will imposed punishment equivalent to the crime he/she
committed.
1. What do you know about arraignment?

________________________________________________________________________
_______________________________________________________________________.
2. Why do you think arraignment happen?
________________________________________________________________________
_______________________________________________________________________.
ARRAIGNMENT
Arraignment is made in open court by the judge or clerk by furnishing the accused with
a copy of the complaint or information, reading the same in the language or dialect known to
him, and asking him whether he pleads guilty or not guilty.
After arraignment and within thirty (30) days from the date the court acquires over the
person of the accused, unless a shorter period is provided for in special laws or circulars of the
Supreme Court, the court shall issue an order of a pre-trial conference to consider the following:
Plea bargaining
Marking for identification of evidence of the parties
Stipulation of facts
Waiver of objections to admissibility of evidence
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Modification of the order of trial if the accused admits the charge but interposes a
lawful defense, and
Such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.
All agreement or admissions made or entered during the pre-trial conference shall be
reduced in writing and signed by the accused and counsel; otherwise, they cannot be used against
the accused. The agreements covering the matters referred to the enumeration above shall be
approved by the court.
After the pre-trial conference, the court shall issue an order reciting the actions taken, the
facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters
not disposed of, and control the course of action during the trial, unless modified by the court to
prevent manifest justice. (Secs 1, 2 and 4 of Rule 118 of the Rules of Court)
What are the other instances when the plea of not guilty shall be entered to the accused?
When the accused refuses to plead

When he makes a conditional plea of guilty, and
When he pleads guilty but presents exculpatory evidence. (Sec 1, Rule 116 of the
Rules of Court)
EXCULPATORY EVIDENCE
It is evidence favorable to the defendant in a criminal trial that exonerates or tends to

exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to
present guilt.
Illustration of Exculpatory Evidence
A victim is murdered by stabbing and a suspect is arrested for the murder. Evidence
includes a knife covered with blood found near the victim and the accused found covered in
blood at the murder scene. During the investigation, the police interview a witness claiming to
have seen the stabbing. The witness makes a statement to the police that another unidentified
person committed the crime, not the accused. The witness's statement is exculpatory evidence as
it introduces reasonable doubt as to the guilt of the accused. The police do not believe the
witness's account or else find the witness unreliable and choose not to follow up on the lead. The
prosecutor is obliged to inform the accused and his or her attorney of the witness's statement
even though the police doubt the witness's version of events. Failure to do so would provide
grounds for a motion to dismiss the charges or an appeal of a subsequent guilty verdict.
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Is there a need for the accused and the offended party to be present during arraignment?
On the part of the accused, he must be present to hear the charge against him and
personally enter his plea.
On the part of the private offended party, there is no need for him to be present but he
shall be present only for the following purpose:
Plea bargaining
Determination of civil liability, and
Other matters requiring his appearance. (Aggranzamendez, 2008)
After the accused pleads guilty, may the court immediately impose a penalty?
No. When the accused pleads guilty to a capital offense, the court shall conduct a
searching inquiry into the voluntariness and full comprehension of the consequences of his plea
and require the prosecution to prove his guilt and the precise degree of culpability.
When the accused pleads guilty to a non-capital offense, the court may receive evidence
from the parties to determine the penalty to be imposed. (Sec 3 and 4, Rule 116 of the Rules of
Court)
Take Note: Pending trial or even before a case is filed in court, a person may apply for
bail for his temporary liberty.
BAIL
Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under the
conditions hereinafter specified by law. (Sec 1, Rule 114 of the Rules of Court)
KINDS OF BAIL
Corporate bond — one issued by a corporation licensed to provide bail subscribed

jointly by the accused and an officer duly authorized by its board of directors (Sec. 10).
Property bond — an undertaking constituted as a lien on the real property given as
security for the amount of the bond (Sec. 11).
Recognizance — an obligation of record entered into usually by the responsible
members of the community before some court or magistrate duly authorized to take it,
with the condition to do some particular act, the most usual act being to assure the
appearance of the accused for trial (People vs. Abner, 87 Phil. 566).
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Any person may be release on recognizance under the following instances only:
a. When the offense committed is light

b. When the offense is minor, or
c. When the offender applies for probation. (aggranzamendez, 2008)
Cash deposit — the money deposited by the accused or any person acting on his behalf,
with the nearest collector of internal revenue, or provincial, city or municipal treasurer.
Considered as bail, it may be applied to the payment of any fees and costs, and the
excess, if any, shall be returned to the accused or to whoever made the deposit (Sec. 14).
The judge who issued the warrant or granted the application shall fix a reasonable amount
of bail considering primarily, but not limited to, the following factors:
Financial liability of the accused to give bail

Nature and circumstances of the offense
Penalty of the offense charged
Age and health of the accused
Weight of the evidence against the accused
Probability of the accused appearing at the trial
Forfeiture of other bail
The fact that the accused was a fugitive from justice when arrested, and
Pendency of other cases where the accused is on bail.
Take Note: Excessive bail shall not be required. (Sec 9, Rule 114 of the Rules of Court)
What are the requirements and conditions of bail?
The undertaking shall be effective upon approval, and unless cancelled, shall remain
in force at all stages of the case until promulgation of the judgment of the Regional
Trial Court, irrespective of whether the case was originally filed in or appealed to it;
The accused shall appear before the proper court whenever required by the court of
these Rules;
The failure of the accused to appear at the trial without justification and despite due
notice shall be deemed a waiver of his right to be present thereat. In such case, the
trial may proceed in absentia; and
The bondsman shall surrender the accused to the court for execution of the final
judgment.
Take Note: The original papers shall state the full name and address of the accused, the amount
of the undertaking and the conditions herein required. Photographs (passport size) taken within
the last six (6) months showing the face, left and right profiles of the accused must be attached to
the bail. (Sec 2, Rule 114 of the Rules of Court)
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All persons in custody shall be admitted to bail as a matter of right, with sufficient
sureties, or released on recognize as prescribed by law or this Rule:
Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and
Before conviction by the Regional Trial Court of an offense not punishable by death,
reclusion Perpetua, or life imprisonment.
Bail is discretionary upon conviction by the Regional Trial Court of an offense not
punishable by death, reclusion Perpetua, or life imprisonment. (Sec 5, Rule 114 of the Rules of
Court)
In cases not stated above, bail will be denied out rightly.
In other words, No person charged with a capital offense, or an offense punishable by

reclusion Perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is
strong, regardless of the stage of the criminal prosecution. (Sec 7, Rule 114 of the Rules of
Court)
Take Note: A capital offense is an offense which, under the law existing at the time of its
commission and of the application for admission to bail, may be punished with death. (Sec 6,
Rule 114 of the Rules of Court)
What happen if a person released on bail is found guilty of the crime charged and an
imprisonment for more than 6 years is imposed as a penalty?
If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution,
with notice to the accused, of the following or other similar circumstances:
That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;
That he has previously escaped from legal confinement, evaded sentence, or violated
the conditions of his bail without valid justification;
That he committed the offense while under probation, parole, or conditional pardon;
That the circumstances of his case indicate the probability of flight if released on bail;
or
That there is undue risk that he may commit another crime during the pendency of the
appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution
of the Regional Trial Court after notice to the adverse party in either case. (Sec 5, Rule 114 of the
Rules of Court)
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WHERE AND HOW THE BAIL BEING FILED?
When the bail is filed, the following rules shall be observed:
Where the grant of bail is a matter of right, the amount fixed may be filed with the
court where the case is pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or municipality. If the accused is
arrested in a province, city, or municipality other than where the case is pending, bail
may also be filed with any regional trial court of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge, or municipal circuit
trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released
on recognizance, the application may only be filed in the court where the case is
pending, whether on preliminary investigation, trial, or on appeal.
Any person in custody who is not yet charged in court may apply for bail with any
court in the province, city, or municipality where he is held. (Sec 17, Rule 114 of the
Rules of Court)
As a rule, no bail is allowed after conviction. What is the exemption to this rule?
As a rule, no bail shall be allowed after the judgment of conviction has become final. If before
such finality, the accused has applies for probation, he may be allowed temporary liberty under
his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his
release on recognizance to the custody of a responsible member of the community. In no case
shall bail be allowed after the accused has commenced to serve sentence. (Sec 24, Rule 114 of
the Rules of Court)
When may bail be forfeited or cancelled or when may a person released on bail be
arrested?
When may bail be forfeited?
When the presence of the accused is required by the court or these Rules, his bondsmen
shall be notified to produce him before the court on a given date and time. If the accused fails to
appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty
(30) days within which to produce their principal and to show cause why no judgment should be
rendered against them for the amount of their bail. Within the said period, the bondsmen must:
produce the body of their principal or give the reason for his non-production; and
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explain why the accused did not appear before the court when first required to do so.
Take Note: Failing in these two requisites, a judgment shall be rendered against the bondsmen,
jointly and severally, for the amount of the bail. The court shall not reduce or otherwise mitigate
the liability of the bondsmen, unless the accused has been surrendered or is acquitted.
When may bail be cancelled?
Upon application of the bondsmen, with due notice to the prosecutor, the bail may be
cancelled upon surrender of the accused or proof of his death. The bail shall be deemed
automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the
judgment of conviction. In all instances, the cancellation shall be without prejudice to any
liability on the bond. (Sec 24, Rule 114 of the Rules of Court)
When may a person released on bail be arrested?
For the purpose of surrendering the accused, the bondsmen may arrest him or, upon
written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a
police officer or any other person of suitable age and discretion. An accused released on bail may
be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines
without permission of the court where the case is pending. (Sec 24, Rule 114 of the Rules of
Court)
WHAT ARE THE DIFFERENT CASES THAT MAY FILED AGAINST A PERSON AND
HOW DO THESE CASES IS INSTITUTED?
Upon filing the complaint or information in court, the accuse faces two changes and these
are the criminal case and the civil case. As provided under the rules, the institution of criminal
action implies the institution of civil action except if the civil action is waived or reserved.
However, if the accused is a public officer or employee he may also face an

administrative case in addition to the criminal and civil cases especially if the act complained is
related his official duty. (Sec 1, Rule 110 of the Rules of Court and Timpac, 2009)
What are the distinctions among criminal, civil and administrative cases?
The distinctions among criminal, civil and administrative are the following:
In accordance to whose jurisdiction these cases are filed. Criminal and civil cases are
filed in courts, while administrative cases are filed in quasi-judicial bodies. The quasi-
judicial bodies hearing administrative cases against policemen includes People’s Law
Enforcement Board (PLEB), Internal Affairs Service (IAS), National Police Commission
(NAPOLCOM), and Commission on Human Rights (CHR).
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In accordance to weight or sufficiency of evidence required. In criminal cases, the

evidence needed to convict an accused is proof beyond reasonable doubt, in civil cases,
preponderance of evidence; in administrative cases, substantial evidence.
Proof beyond reasonable doubt, preponderance of evidence and substantial evidence defined:
 Proof beyond reasonable doubt is a degree of proof which produces conviction in

an unprejudiced mind
 Preponderance of evidence means that the testimony adduced by one side is more
credible and conclusive that the other.
 Substantial evidence is the relevant evidence which a reasonable mind might accept
as adequate to support a conclusion.
In accordance to imposable penalties. In criminal cases, the imposable penalties are
imprisonment, destierro or even death; in civil action cases, payment damages; in
administrative cases, reprimand, suspension, or dismissal from the service.
In accordance to the designation of the victim. In criminal cases, the victim is known
as the Private Offended Party. He is represented by the People of the Philippines to show
that the crime committed affects not only the victim but the society as a whole; in civil
cases, the victim is known as Plaintiff; in administrative cases, he is known as Complaint.
In accordance to the designation of the person being heard. In criminal cases, the
person being heard is known as Accused; in civil cases, he is known as Defendant; in
administrative cases, he is known as Respondent. (Moreno, 1998 and Timpac , 2009)
When and how do complaints or information be quashed? State the grounds for quashing
and the rules in amending complaints or information.
The term “quash” defined. The term “quash” literally means to put a stop. It is the act
of formally declaring that a law or the court verdict is invalid. (Bloomsburry, 2007)
The time of quashing complaints or information. At any time before entering his plea,
the accused may move to quash the complaint or information. (Sec 1, Rule 117 of the Rules of
court)
The form and contents of quashing complaints or information. The motion to quash
shall be in writing, signed by the accused or his counsel and shall distinctly specify its factual
and legal grounds. The court shall consider no ground other than those stated in the motion,
except lack of jurisdiction over the offense charged. (Sec 2, Rule 117 of the Rules of court)
The ground for quashing complaints or information is any of the following:
That the facts charged do not constitute an offense;

That the court trying the case has no jurisdiction over the offense charged;
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That the court trying the case has no jurisdiction over the person of the accused;
That the officer who filed the information had no authority to do so;
That it does not conform substantially to the prescribed form;
That more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
That the criminal action or liability has been extinguished;
That it contains averments which, if true, would constitute a legal excuse or
justification; and
That the accused has been previously convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise terminated without his express
consent. (Sec 2, Rule 117 of the Rules of Court)
Take Note: The failure of the accused to assert any ground of a motion to quash before he pleads
to the complaint or information, either because he did not file a motion to quash or failed to
allege the same in said motion, shall be deemed a waiver of any objections based on the grounds
provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule. (Sec 7, Rule 117 of the
Rules of Court)
The rule in amending complaints and information are the following:
If the motion to quash is based on an alleged defect of the complaint or information

which can be cured by amendment, the court shall order that an amendment be made.
If it is based on the ground that the facts charged do not constitute an offense, the
prosecution shall be given by the court an opportunity to correct the defect by
amendment. The motion shall be granted if the prosecution fails to make the amendment,
or the complaint or information still suffers from the same defect despite the amendment.
(Sec 4, Rule 117 of the Rules of Court)
TRIAL
Trial is an examination before a competent tribunal, according to the laws of the land, of
the facts and issue in case, for the purpose of determining such issue. (Black, 1990)
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The trial shall proceed in the following order:
The prosecution shall present evidence to prove the charge and, in the proper case, the
civil liability.
The accused may present evidence to prove his defense, and damages, if any, arising
from the issuance of a provisional remedy in the case.
The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present additional
evidence bearing upon the main issue.
Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.
When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense, the order of trial may be modified. (Sec 11, Rule 119
of the Rules of Court)
Take Note: A case or matter shall be deemed submitted for decision or resolution upon filing of
the last pleading, brief or memorandum required by the Rules of court or by the court itself. (Par
2, Sec 15, Art XV of the Philippine Constitution)
When shall trial commence?
After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to
prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial
order. (Sec 1, Rule 119 of the Rules of Court)
Continuous Trial Rule:
Trial once commenced shall continue from day to day as far as practicable until
terminated. It may be postponed for a reasonable period of time for good cause.
The court shall, after consultation with the prosecutor and defense counsel, set the case
for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so
as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180)
days from the first day of trial, except as otherwise authorized by the Supreme Court.
The time limitations provided under this section and the preceding section shall not apply
where special laws or circulars of the Supreme Court provide for a shorter period of trial.
What is the maximum period of the rendition of decision?
The court must decide or resolve a case or matter submitted thereto within the following
period from the date of submission for decision:
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Supreme court shall decide or resolve the case within twenty-four (24) months;
Courts of Appeals and other Collegiate Appellate Courts shall decide or resolve the
case within twelve (12) months unless reduced by the Supreme Court;
Inferior Courts shall decide or resolve the case within three (3) months unless
reduced by the Supreme Court: and
Sandiganbayan, shall decide or resolve the case within three (3) months. (Sec 15, Art
VIII of the Constitution and PD 1606)
ALIBI
Alibi is a averment that a person was at other place for such a period of time that it was
impossible for him to have been at the place where tha acts was committed at the time of its
commission. (Moreno, 1998)
What if during trial, the accused escapes and cannot be located?
If the accused escapes and cannot be located, trial in absentia will be conducted. The
following are the requisites of trial in absentia:
The accused has been notified for the trial; and

His failure to appear is unjustified. (Sec19, Art 10 of the Philippine constitution)
JUDGMENT
Judgment is the adjudication by the court that the accused is guilty or not guilty of the
offense charge and the imposition on him of the proper penalty and civil liability, if any.
The requisites of judgment are as follows:
It must be duly signed;

Must state the findings of the facts and law upon which it is based; and
Must be promulgated during the incumbency of the judge who signed it. (Sec 1, Rule
120)
Take Note: The word judge is spelled with letter “e” but the word judgment is spelled without
letter “e”. (Bloomsbury, 2007)
CONTENTS OF JUDGMENT
A. In case of conviction, the contents of a judgment are as follows:

The legal qualification of the offense constituted by the acts committed by the accused
and the aggravating or mitigating circumstances which attended its commission;
The participation of the accused in the offense, whether as principal, accomplice, or
accessory after the fact;
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The penalty imposed upon the accused; and

The civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.
B. In case the judgment is of acquittal, it shall state whether the evidence of the prosecution
absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond
reasonable doubt. In either case, the judgment shall determine if the act or omission from
which the civil liability might arise did not exist. (Sec 2, Rule 120 of the Rules of Court)
DOUBLE JOEPADY
When an accused has been convicted or acquitted, or the case against him
dismissed or otherwise terminated without his express consent by a court of competent
jurisdiction, upon a valid complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had pleaded to the charge, the
conviction or acquittal of the accused or the dismissal of the case shall be a bar to another
prosecution for the offense charged, or for any attempt to commit the same or frustration
thereof, or for any offense which necessarily includes or is necessarily included in the
offense charged in the former complaint or information.
However, the conviction of the accused shall not be a bar to another prosecution
for an offense which necessarily includes the offense charged in the former complaint or
information under any of the following instances:
the graver offense developed due to supervening facts arising from the same act or
omission constituting the former charge;
the facts constituting the graver charge became known or were discovered only after a
plea was entered in the former complaint or information; or
the plea of guilty to the lesser offense was made without the consent of the
prosecutor and of the offended party except as provided in section 1(f) of Rule
116.
In any of the foregoing cases, where the accused satisfies or serves in whole or in
part the judgment, he shall be credited with the same in the event of conviction for the graver
offense.
Take Note: In any of the foregoing cases, where the accused satisfies or serves in whole or in
part by the judgment, he shall be credited with the same in the event of conviction for the graver
offense. (Sec 7, Rule 117 of the rules of Court)
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APPEAL
Appeal is a resort to a superior court to review the decision of an inferior court or

administrative agency. The party who takes an appeal from one court to another is called the
appellant, while the party against whom the appeal was taken is called appellee.
Take Note: Appeal is not a part of due process. It is not also a constitutional right.
Appeal may be taken as follows:
(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, appeal is to be
taken by Regional Trial Court
Note: The distinction among MTC, MCTC, and MeTC belongs to the same level with the same
jurisdiction. MTC is maintained to municipalities with huge population, MCTC is maintained
cover municipalities with small population where it is impractical to maintain on MCTC for
every municipality, MeTC is maintained in Metro Manila areas.
(b) In cases decided by the RTC, the following rules shall be observed:
If the issue involves pure questions of law, to the Supreme Court, and
Pure question of law exist if there is a doubt as to the application of law to a certain fact.
If the issue involves pure question of fact or mixed question of law and fact, to the Court
of Appeals.
(c) To the Supreme Court, in cases decided by the Court of Appeals.
Take Note: the cases decided by the Supreme Court will no longer appeal to speak because the
Supreme Court is the highest court of the land.
Let’s Connect!
1. What do you know about the court process? How do you think this can be applied in the
Criminal Justice process?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
2. What would happen if the court pillar fails to perform its functions?
________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.
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ASSESSMENT TASK
1. Who’s who in a Criminal Court? Identify the key personnel in courts (as many as you
can). Research the roles and responsibilities of each personnel.
Roles and Responsibilities:
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2. WORD SEARCH. Search for the different types of jurisdiction on the box. Then, write it
down on the provided table below. Research also the definition of the type of jurisdiction
and provide examples each.
A B D K L P R O S E C U T I O N
P E A C C U S E D M J C H X V T
P V R I H Q H J E P R O C E E D
E C O Z L J E K N H K N N V G Y
A C Q U I T R K I K M V M N F T
L F G J B H T J E L M I N N D J
R Y S L E H U F D P J C A S E J
A R V P Y F I W H O Y T G M R U
R R R O K D K E J T L I C O U R
R Q R E G S K F L R T O H L S I
E V I A V C L I F I R N H N A S
S C L G I A U G K A E F E K N D
T S K J D G J V L L R D I K D I
I A K L S G N B O I I Y U J I C
Y X W Q F K M M U V U Y T H G T
Z U F Q G Y N F E I P L E A A I
J U D G E M E N T N T H U O N O
W I R E E J U J W G T E W E B N
Q L Y G T L I L S Y S T E M A O
R K Y E V I D E N C E G T Y N Z
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Found Terminology Definitions Example
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3. Summarize what are the matters that will conduct in court, in order.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________________________________.
REFLECTION:
reason why.
(Edmodo).
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form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

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MODULE 3
UNIT 1: CORECTION PILLAR

LEARNING OUTCOMES
 Differentiate prison and jail.

 Be knowledgeable of other forms of non-institutional corrections
INTRODUCTION
The primary concern of penology is what to do with prisoners; this is the approach to
this fundamental call for the elimination, or at least banishment and isolation from the society.
But the era of purely vindictive societal reaction has given way to the humane treatment of
criminal offenders resulting in the present-day policy or rehabilitation or reformation.
Today, the correctional programs are administered apart from the people and probation
programs – the latter two programs/system are being administered by the Parole and Probation
Administration. Even the correctional institutions are administered separately; the city and
municipal jails, by the Bureau of Jail Management and Penology (BJMP); the Provincial Jails by
the Provincial Executive; and the National Prisons and Penal Colonies by the Bureau of
Corrections (BOC). The BJMP took place of the INP (PNP) while BOC took the place of Bureau
of Prisons (BOP).
1. What do you know about correction?

________________________________________________________________________
_______________________________________________________________________.
2. Why do you think correction happened?
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What else might have caused why people put in correction?

________________________________________________________________________
_______________________________________________________________________.
 What did you expect to find out in correction and why?
What are the three important theories in corrections?
Classical Theory states that men have absolute free will to choose between good and evil
so they are liable for the consequences of their acts. This is also known as Free-will
Theory which was established by Cesare Beccaria.
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Neo-classical Theory states that since insane and minors do not know the consequences
of their acts, they must not be liable for the crimes they committed.
Positivist Theory states that criminals shall be treated like patients in the hospital,
instead of punishing them. This is known as the Italian Theory which was established by
Cesare Lombroso.
Correction consists of those executive agencies at all levels of government that are both
directly and indirectly for the following functions:
To maintain institutions. The correctional is responsible for maintaining prisons, jails,

and other institutional facilities to receive convicted offenders sentences to a period of
incarceration by the court.
To protect law abiding citizens. Corrections are responsible for providing custody and
security in order to keep sentenced offenders from preying on other members of society
through the further commission of crime.
To reform offenders. During their period of incarceration in a correctional institution,
corrections are given the function of developing programs that will assist the offender in
returning to society upon his or her release and to lead a non-criminal life.
To deter crime. Corrections will lead incarcerated offenders to become law-abiding lives
through the experiences in prison and denial of liberty.
JAILS
Jails are primarily adult penal institutions used for the detention of law violators. Its
original functions were to house pre-trial detainees or to serve as a place for the detention of
accused persons charged with having committed crimes.
Dual Role of Jail
As a place of detention for those awaiting final disposition of criminal action.

For the service of short sentence of not more than:
a. Six months for those categorized as city or municipal prisoners;
b. Not more than 3 years or with a fine of not more than 100 pesos for those
categorized as provincial prisoners.
Types of Jails
1. The Lock-up Jail – this is a security facility usually operated by the police department
for the temporary detention of persons held for investigation or waiting a preliminary
hearing.
2. The Jail – this houses both offenders awaiting court action and those sentenced, usually
up to 3 years.
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3. The Workhouse Jail-Farm or Camp – this institution houses minimum custody

offender serving short sentences, usually not more than 3 years. Operated by the BJMP or
the Provincial Jail Administration.
Importance of Jail
Jails are intended not for the purpose of letting one pay for the crime he committed, or to
serve as a form of punishment of sorts, but to enable the wrongdoer to be reformed and
rehabilitated so that after his release, he will become a law-abiding and useful citizen of the
community.
PRISON
It houses prisoners, who by reason of their sentence may be deprived of liberty for more
than 3 years. It is administered by the state or national government.
The Philippine Prison System
Of all the components of the CJS, correction is the weakest, mainly because of its failure
to reform offenders and prevent them from returning to a criminal life. Correctional services in
the Philippines are primarily the responsibility of the Bureau of Corrections under the
Department of Justice.
There are more than 1,500 correctional institutions in the Philippines. Of this number,
eight are national institutions in the supervision and control of the Director of Correction, 73 are
provincial jails by the Governors and assisted by Jail Wardens; and 61 are city and 1,445
municipal jails which are administered by the BJMP.
Categories of Prisoners
Classification or Categories of Prisoners – refers to assisting or grouping of offender’s

according to their sentence, gender, age, nationality, health, criminal records, etc.
Categories of Offenders:
Prisoners
Detainees
Classifications of Prisoners under PD. 29:
1. City or Municipal prisoners – persons who by reason of their sentence may be deprived
of liberty for not more than 6 months. The imposition of subsidiary imprisonment shall
not be taken into consideration in fixing the status of prisoners hereunder except when the
sentence imposes a fine only.
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2. Provincial Prisoners – persons who by reason of their sentence may be deprived of

liverty for not more than 3 years or are subject to a fine not more than 1,000 pesos or
both. But if prisoner received two or more sentence in the aggregate exceeding the period
of 3 years, he shall not be considered a provincial prisoner. The imposition of subsidiary
shall not be taken into consideration in fixing the status of prisoners hereunder except
when the sentence imposes a fine only.
3. All other prisoners are considered national prisoners.
Classification of Detainees:
Detainees – undergoing investigation, awaiting trial or is undergoing trial, and waiting

for final judgment.
Prisoners – is a convicted inmate.
Inmate – a general term that refers to either detainee or prisoner.
Let’s connect!
1. What do you already know about correction?

________________________________________________________________________
_______________________________________________________________________.
2. Where can we use this concept of correction in real life?
________________________________________________________________________
_______________________________________________________________________.
3. What do you already know about jail and prisons?
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
1. COLLAGE. Cut pictures of a jail and a prison. Paste it on the provided box below.
Distinguish the jail and prison.
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2. Watch the Ted Talk entitled “What a world without prisons could look like” by Deana
Van Buren (you can access this clip through Youtube or just click this link:
https://www.youtube.com/watch?v=m6X1i8khmt8 ). Afterwards, write your reflection
regarding the topic discussed.
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3. CROSSWORD PUZZLE
ACROSS DOWN
1. Prisons are under the Department of ? 2. Prisoners who are sentenced to suffer a
term of sentence of 3 years and 1 day to life
imprisonment.
3. Punishment is imposed to warn potential 4. This is defined as the suffering inflicted
offenders that they cannot afford to do by the state against an offending member
what the offender has done. for the transgression of law.
5. This is a security facility, common to 6. These are offenders who are committed
police stations, used for temporary to the jail or prison in order to serve their
confinement of an individual held for sentence after final conviction by a
investigation. competent court.
8. Provincial jails are under the 7. Goal of Correction
government.
9. A place of long term confinement for 10. Jails are under Department of Interior
those convicted of serious crimes. and Local ?
13. The consequences of the punishment 11. Study of Punishment
must be in accordance with the law.
15. Short term detention facility for 3 years 12. Punishment should be equal to all.
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and below.
14. Correction takes place when the
accused is found?
REFLECTION:
reason why.
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form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

113 | P a g e
UNIT 2: JAIL MANAGEMENT, PRISON AND PENAL FARMS
LEARNING OBJECTIVES
 Enumerate the seven (7) correctional institutions in the Philippines.

 Understand the role of non-institutional corrections.
1. What do you know about the jail management?

________________________________________________________________________
_______________________________________________________________________.
2. What have you heard about the penal farms and prison in the Philippines?
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What evidence do you have about penal farms and prisons?

________________________________________________________________________
_______________________________________________________________________.
 Why do you supposed to known how jail management handled?
________________________________________________________________________
_______________________________________________________________________.
A prison is a facility for the confinement of convicted felons. Until 18 th century, exile,
execution, and various forms of corporal punishments were the most common penalties for
criminal acts. Although jails were common place, imprisonment was viewed as a temporary
restriction rather than the prescribed penalty of crime. Prison ranged from workhouses: for
debtors (Bride well and the Maison de Force in Belgium) to such institution as a Hospice of San
Michel in Rome, which was primarily designed to incarcerate incorrigible boys. Retribution was
acknowledged as the prime motivation for official punishment.
Under the influence of the 18th century Enlightenment, however, the extreme harshness of
most punishment was questioned for the first time. Attempts were made to fit the severity of the
punishment to the severity of the crime, in the belief that the existence of clearly articulated, and
just, penalties would act as a deterrent to crime. Thus deterrence, rather than retribution, became
leading principle of European Penology.
In the Philippines, there is a distinction between a “jail” and “prison”. A “jail” is defined
as a place of confinement for inmates under investigation or undergoing trial, or serving short-
term sentences. It is differentiated from the term “prison” which refers to the national prisons or
penitentiaries managed and supervised by the Bureau of Corrections, an agency under the
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Department of Justice.5 Jails include provincial, district, city and municipal jails managed and
supervised by the Provincial Government and the Bureau of Jail Management and Penology
(BJMP), respectively, which are both under the Department of the Interior and Local
Government.
Municipal and city prisoners are committed to municipal, city or district jails managed by
the BJMP. A district jail is a cluster of small jails, each having a monthly average population of
ten or less inmates, and is located in the vicinity of the court.6 Where the imposable penalty for
the crime committed is more than six months and the same was committed within the
municipality, the offender must serve his or her sentence in the provincial jail which is under the
Office of the Governor. Where the penalty imposed exceeds three years, the offender shall serve
his or her sentence in the penal institutions of the BuCor.
FOUR CLASSES OF PRISONERS
1. Insular or national prisoner – one who is sentenced to a prison term of three years and one
day to death;
2. Provincial prisoner – one who is sentenced to a prison term of six months and one day to
three years;
3. City prisoner – one who is sentenced to a prison term of one day to three years; and
4. Municipal Prisoner – one who is sentenced to a prison term of one day to six months.
THREE TYPES OF DETAINEES
Those undergoing investigation;

Those awaiting or undergoing trial; and
Those awaiting final judgment.
THE PRISON LIFE
The Criminologist Gresham Sykes has listed the “pains of imprisonment” that both male
and female inmates face.
First, the deprivation of liberty and the loneliness and boredom of imprisonment.
Second, prisoners are deprived of all goods and services from the outside world.
Third, deprivation, for the majority, is the absence of heterosexual relationships.
Fourth, prisoners are subjected to a vast body of institutional regulations designed to
control every aspect of behavior.
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HALFWAY HOUSE
Halfway houses are group home designed to help institutionalized people adjust to life in
the outside community. Individual halfway houses typically serve 15 to 30 residents at any given
time and their programs are structured differently according to the institutions prison, psychiatric
hospitals, or substance-abuse treatment facilities, for example that refers patient to them.
The regimen of the hallway houses which can include group and personal counseling,
planned group activities, home meetings, and a strict code of rules is designed to help individuals
make more responsibility of their behavior.
NATIONAL PRISON AND PENAL FARMS
1. New Bilibid Prison (NBP)
The New Bilibid Prison (NBP) is located at Muntinlupa City, Philippines.

Commonwealth Act No. 67 was enacted, appropriating 1M Pesos for the construction of a New
National Prison. On November 15, 1940, all inmates of the Old Bilibid Prison in Manila were
transferred to mthe new site in Muntinlupa City. It had a capacity of 3,000 prisoners and it was
officially named the New Bilibid Prison on January 22, 1941. The prison reservation had an
area of 587 hectares. The prison compound proper had an area of 300x300 meters or a total of 9
hectares. Some of the remaining edifices of the Old Bilibid Prison site are now occupied by the
Manila City Jail.
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It has maximum community compound in the ‘70s and continuous to be so. The NBP
expanded with the construction of new security facilities such as Camp Sampaguita or the
Medium Security Camp which served as a military stockade during martial law. Minimum
Security Camp, whose first site was christened Bukang Liwayway. on January 22, 1941 the
electric chair was transferred to the New Bilibid Prison.
The Old Bilibid Prison was located at Oroquieta Street in Manila City, which was
established in 1847. It was formally opened on April 10, 18866. The Old Bilibid prison was
known as the “Carcel y Presidio Correctional” and could accommodate 527 prisoners. The
prison occupied a quadrangular piece of land 180 meters long on each side, which formerly a
part of the Mayhalique Estate in the heart of Manila.
2. San Ramon Prison and Penal Farm
According to historical accounts, the San Ramon Prison was established in Southern
Zamboanga on August 21, 1870 through a royal decree promulgated in 1869. Established
during the tenure of Governor General Ramon Blanco (whose patron saint the prison was
named after), the facility was originally established for persons convicted of political crimes.
Considered the oldest penal facility in the country, prisoners in San Ramon were required
to do agricultural work.
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During the Spanish-American War in 1898, the prisoners in San Ramon were hastily
released and the buildings destroyed. In 1907, the American administration re-established the
prison farm. In 1912, Gen. John Pershing, chief executive of the Department of Mindanao and
Sulu, classified the institution as a prison and penal colony and therein confined people
sentenced by the courts under his jurisdiction. Under Pershing’s supervision, several buildings
with a capacity for 600 prisoners were constructed. After several years, the colony became
practically self-supporting, with 75,000 coconut trees, which were planted at the beginning of
Pershing’s administration, contributing to the colony’s self-sufficiency. Aside from coconuts,
rice, corn, papaya and other crops were also cultivated.
On November 1, 1905, Reorganization Act No. 1407 was approved creating the Bureau
of Prisons under the Department of Commerce and Police, integrating the Old Bilibid Prison,
San Ramon Pena Colony and Iwahig Penal. The Philippine Coconut Authority took over
management of the coconut farm from San Ramon.
In 1995, Congresswoman Maria Clara Lobregat proposed the transfer of San Ramon
Prison to Bongiao town, in the mountainous area of Zamboanga, to give way to a special
economic zone.
3. Iwahig Prison and Penal farm

This facility was established during the American occupation. It was however, during the
Spanish regime that Puerto Princesa was designated as a place where offenders sentenced to
banishment were exiled. A specific area of Puerto Princesa was selected as the site for a
correctional facility. The American military carved out a prison facility in the rain forest of
Puerto Princesa. The institution had for its first Superintendent Lt. George Wolfe, a member of
the U.S. expeditionary force, who later became the first prisons director.
Governor Luke Wright authorized the establishment of a penal colony in the province of
Palawan on November 16, 1904. This penal settlement, which originally comprised an area of
22 acres, originally served as a depository for prisoners who could not be accommodated at the
Bilibid Prison in Manila. In 1906, however, the Department of Commerce and Police (which
later became the Department of Public Instruction) moved to turn the institution into the center
of a penal colony supervised in accordance with trends at the time. Through the department’s
efforts, the Philippine Commission of the United States government passed Act No. 1723 in
1907 classifying the settlement as a penal institution.
The settlement was at first beset by attempted escapes. But under the supervision of Col.
John R. White of the Philippine Constabulary, who would become superintendent of Iwahig
in 1906, the colony became a successful settlement. A merit system was devised for the
prisoners and vocational activities were offered. These included farming, fishing, forestry,
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carpentry, and hospital paramedical work. Prisoners could choose the vocational activities they
wanted.
In 1955, Administrative Order No. 20 was promulgated by the President and

implemented by the Secretary of Justice and the Secretary of Agriculture and Natural Resources.
This order allowed the distribution of colony lands for cultivation by deserving colonists. The
order also contained a list of qualifications for colonists who wished to apply for a lot to
cultivate, the conditions for the settler’s stay in his land, loan requirements and marketing of the
settlers’ produce. Lots granted did not exceed six hectares.
On August 16, 1959, a committee was created by President Carlos P. Garcia to study
the state of national prisons. Accordingly, prisoners in Iwahig were divided into two groups: the
settlers and colonists. The settlers are those engaged in farming for their own benefit; they are
the ones whose applications for land to cultivate have been approved. The government furnishes
the land and initial requirements for tools, dwellings and beast of burden. They are required to
reimburse expenditures incurred for their maintenance and that of their families out of the
products of their farms. Upon their release from the colony, they receive whatever amount of
money they have credited in their favor, after deducting the obligations they have.
Iwahig is subdivided into four zones or districts: Central sub-colony with an area of
14,700 hectares; Sta. Lucia with 9,685 hectares; Montible with 8,000 hectares and Inagawan
with 13,000 hectares.
The Iwahig Penal Colony administers the Tagumpay Settlement. The Settlement is 1,000
hectares, apportion of which was divided into 6 hectares homestead lots, which were distributed
to release inmates who desire to live in the settlement.
4. Correctional Institution for Women
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This is located at Mandaluyong City (Metro Manila) on September 27, 1929, the
Correctional Instirution for Women (CIW) was created under Act No. 3572 to date, it is the
only prison facility for women. Correctional Institution for Women – after a series of
negotiations started by Prison Director Ramon Victorio, the Philippine Legislature passed
Republic Act No. 3579 in November, 1929. It authorized the transfer of all women inmates to a
building in Welfareville at Mandaluyong, Rizal. On February 14, 1931, the women prisoners
were transferred from Old Bilibid Prison to the building especially constructed for them. Its old
name, Women’s Prison, was changed to CIW and it occupied 18 hectares.
This correctional institutions houses female prisoners and conduct vocational courses
in dress making, beauty care, handicraft, cloth weaving and slipper making.
5. Davao Penal Colony
The Davao Penal Colony is the first penal settlement founded and organized under
Filipino administration. The settlement, which originally had an area of approximately 30,000
hectares in the districts of Panabo and Tagum, Davao del Norte, was formally established on
January 21, 1932 by virtue of Act No. 3732. This Act authorized the Governor-General to lease
or sell the lands, buildings and improvements in San Ramon Prison and Iwahig Penal Colony. It
also granted authority to the Secretary of Justice to establish a new prison and penal colony in a
suitable public land. A budget of P500,000 was allocated. Several committees were created to
pick a suitable site for the penal settlement. In accordance with the recommendation of these
committees, Governor Dwight Davis signed Proclamation No. 414 on October 7, 1931, which
reserved a site for the penal colony in Davao province in Mindandao. The site offered ideal
conditions for agricultural activities.
120 | P a g e
During World War II, the colony was converted into a concentration camp where more
than 1,000 Japanese internees were committed by the Philippine-American Armed Forces. The
Japanese were treated in accordance with the orders of the American commanding officer.
On December 20, 1941, the Japanese Imperial Forces attacked Davao and the colony
was among the establishments taken over by the invading army. The entire settlement was
thrown into confusion and a great number of prisoners escaped. Normal operations were
inevitably disturbed. November 8, 1942, a representative of the Director of Prisons transferred
the colony and its properties to the Japanese authorities. The remaining colony employees, their
families and the inmates evacuated to Iwahig where they organized the Davao Penal Colony at
Inagawan sub colony (Palawan). The organization of the colony in exile was authorized by virtue
of Memorandum Order No. 60 dated June 28, 1943 and signed by the Director of Prisons.
After the liberation of the Philippines, the colony-in-exile in Palawan returned to its old
site in Davao. A great deal of rebuilding and repair had to be done because the war had almost
completely destroyed the colony.
It later became an agricultural estate for Cavendish Banana. Abaca is the main source
of income in the Bureau of Correction. The colony has been engaged in a joint venture with
Tagum Development Company in a 3,000 hectares banana plantation.
6. Sablayan Prison and Penal Fram
Nearer to Manila than other penal colonies, the Sablayan Penal Colony is located in
Occidental Mindoro and relatively new. Established on September 26, 1954 by virtue of
Presidential Proclamation No. 72, the penal colony has a total land area of approximately
16,190 hectares.
121 | P a g e
Prison records show that the first colonists and employees arrived in Sablayan on
January 15, 1955. Since then several buildings have been constructed, including the colonist’s
dormitories, employee’s quarters, guardhouse, schoolhouse, chapel, recreation hall, and Post
Exchange.
Rice is the principal product of the colony. It is self-sufficient in rice and raises
vegetables for the colony and for the inmates of the New Bilibid Prison.
Three sub-colonies were later organized. One is a reservation which this day remains
part of a protected rainforest. Another is in a coastal area. The third was used by the national
government as a relocation site for refugees from the eruption of Mt. Pinatubo eruption in
1991.
Sablayan prison is a facility where prisoners from NBP are brought for decongestion
purposes. It follows the same colony standards as other penal farms.
7. Leyte Regional Prison
The Leyte Regional Prison, situated in Abuyog, Southern Leyte, was established a year
after the declaration of martial law in 1972 by virtue of Presidential Decree No. 28. While its
plantilla and institutional plan were almost ideal, lack of funds made the prison unable to realize
its full potential and its facilities are often below par compared with those of other established
penal farms.
The LRP has an inmate capacity of 500. It follows the same agricultural format as the
main correctional program in addition to some rehabilitation activities. The prison admits
convicted offenders from Region VI and from the national penitentiary in Muntinlupa.
122 | P a g e
CORRECTIONAL CENTERS
Rehabilitation Centers for the Youth Offenders – whose ages ranges from 9 to
below 18 years of age. To be committed to the care of the DSWD.
Drug Addicts Rehabilitation Centers – these centers has been established for the
treatment of drug dependents. The existing treatment and rehabilitation center is
operated and maintained by the NBI at Tagaytay City and being funded by the BoCur.
PURPOSES OF CORRECTIONS AND SENTENCING
Deterrence (General Prevention) – is the “prevented effect with actual or threatened

punishment of offenders has upon potential offenders” (John C. Ball, “The Deterrence Concept
in Criminology and Law,” J. Crim. L. Vol. 46 No. 3 p. 347, September-October, 1955.) The
doctrine of deterrence shows the aim of the state to prevent crime in order to have a peaceful
society. Whatever the opinion of some authorities to the contrary, it cannot be denied that this
doctrine has preventive effect to criminal activities compared to other social restraints.
Rehabilitation – In the process to help the criminals to adjust to society and to avoid
deviant behaviour several measures were undertaken to rehabilitate them. To cite a few, these
are vocational training, counselling and therapeutic treatment.
Reintegration – These is similar to the rehabilitative model in the sense that it considers
the offenders need for assistance. In the same vein, this process submits that the criminal
behavior was due to the gap between the criminal and the community. For this reason the
offender must be assisted to strive hard to face the forces in the society or community which he
will join upon his release from jail/prison.
Isolation of Prisoners – There is a wide consensus to insulate the criminals from the law-
abiding citizens so as not to pollute them. In modern times in order to attain this idea of isolation
led to the building of prisons and penal colonies geared to protect the members of society from
the influence of the lawless elements.
Punishment – An accused found guilty of an offense in the Philippines maybe convicted

in the following penalties:
Reclusion Perpetua (Life Imprisonment)

Reclusion Temporal
Prison Mayor
Prison Correctional
Arresto Mayor
Arresto Menor
Destierro
Perpetual Absolute Disqualification
Temporary Absolute Disqualification
Suspension from Public Office, The Right to Vote and be Voted for, The Right to
Follow a Profession or Calling
123 | P a g e
Public Censure, and

Fine (Arts. 70 and 71, Revised Penal Code)
REHABILITATION AND TREATMENT PROGRAMS
Rehabilitation program of prisoners can be carried out through the process of

classification, custody and control of prisoners.
Employment of prisoners
Religious services
Educational employment
Recreational programs
Library services
Health and medical services
Counseling
EXECUTIVE CLEMENCY
Executive clemency is a mercy extended to a prisoner by the President usually from a

reduction in sentence or unconditional release.
1. Pardon – is an act of executive clemency by head of the state for the purpose of exempting
and individual from the punishment impose upon him by a court of law. It s an executive
grace, and the recipient is not entitled it is a matter of right.
Kinds of Pardon
a. Absolute Pardon – a pardon is absolute when it is granted by the Chief executive

without conditions of any kind. Absolute pardon serves to wipe away the guilt of a
person and makes him innocent as if he has not committed any crime.
b. Conditional Pardon – a pardon is conditional when it is granted by the Chief
Executive subject to conditions imposed on the recipients and accepted by him.
Usually, the person granted= the conditional pardon has serve a portion of his
sentence in prison.
2. Parole – is a procedure by which prisoners are selected for release on the basis of individual
response and progress within the correctional institution and a service by which that are
provided with necessary control and guidance as they serve the reminder of their sentences
within the free community.
3. Amnesty – is a general pardon and granted to groups of law violators, usually those who
committed political crimes, with the concurrence of the law making body.
4. Commutation – is an act of executive clemency which reduces a heavier penalty to a lesser
penalty.
5. Reprieve – is an act of executive clemency ordering the temporary stay of execution of a
sentence, usually the death penalty.
124 | P a g e
Note: Republic act 7659 – is known as an act imposing the death penalty.
Republic act 9346 – the law abolished death penalty.
Let’s connect!
1. What do you already know about penal farms and prisons?

________________________________________________________________________
_______________________________________________________________________.
2. What would happen if jail management is weak?
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
1. Putting yourself in the shoes of an offender. Let’s say you have committed a crime and
have been found guilty for it. The jail officers are escorting you to your cell.
Describe your probable emotions.
How do you want to be treated inside the jail?
What are the possible impacts of this experience to your life?
125 | P a g e
2. Picture Perfect. The following pictures show problems or challenges faced in prisons or
jails. Write your observation on the said problem and suggest solutions to address the
presented problem.
126 | P a g e
REFLECTION:
reason why.
127 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

128 | P a g e
UNIT 3: COMMUNITY PILLAR

LEARNING OBJECTIVES
It is  Explainfeature
the unique the role
of of
thethe community
Philippine in criminal
Criminal justice system
Justice System to have the
1. Why do you think community pillar happened?

________________________________________________________________________
_______________________________________________________________________.
2. What are your experiences with community?
________________________________________________________________________
_______________________________________________________________________.
Let’s explore!
 What if community pillar ruined?

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

personality” for in it the child forms
fundamental attitudes and habits that endure
throughout his life. A home is said to be a
good home for a child if the following
conditions are present:
129 | P a g e
The child is loved and wanted and knows it.

He is helped to grow up by not having too much or too little done for him.
He is a part of the family and he has fun with the family to which he belongs.
His early mistakes are understood as a normal part of growing up and he is corrected
without being hurt, shamed or confused.
His growing skills (walking, talking, reading, making things) are enjoyed and respected.
The family sticks together and the members help one another.
He is moderately and consistently disciplined from infancy, limits are set for his
behavior, and he is helped to take increasing responsibility for his own condtion.
SCHOOL
The school exercises authority over

every child who is of school age. It has an
excellent opportunity to influence his attitudes
and behavior.
Four Fold Responsibilities of School
It should plan an adequate school program that fits the needs of all school children and
results in their wholesome growth and development.
It should identify those children who show sign of being susceptible to delinquent
patterns of behavior and take the proper preventive or remedial measures to ensure better
adjustment.
It should work closely with parents and neighborhood leaders to assist them in
developing a better understanding of the individual child and to help them remove
neighborhood influence that are inimical to the child’s welfare.
It should cooperate with all other community agencies or organization such as churches,
social welfare and development, juvenile control units and similar entities in an
coordinated plan to meet the needs of the child in the most effective and constructive
way.
CHURCH
The church of any denomination which points

out to the faithful their relationship to God, their
130 | P a g e
fellowmen, and who by an example leads to live a moral life.
The church should cooperate closely with the police, social workers, school authorities,
correctional institutions and other agencies dealing with problem children, delinquents or
criminals.
It should provide official representatives to serve as qualified councilors in private and
government agencies dealing with delinquents and criminals.
It should present a united front in attacking the forces that are detrimental to family life
and general morality and in promoting proper law enforcement, adequate regulation of
commercial recreation and the development of better recreational facilities.
It should strive to give religion a more dignified and influential position in the program
of correctional institutions.
GOVERNMENT
This of the duly constituted authority that

enforces the laws of the land and as such it is the
most powerful institution as far as control of the
people is concerned. Respect for the government
is influenced by the respect of the public for the
people running the government.
When the people see that public officials and employees are the first ones to violate or to
refuse to obey, they lose respect for the government. Corrupt officials set bad examples for
others to follow and create an atmosphere which is conducive to crime and disrespect for the
law. The pattern of conduct set by the government officials influences the conduct of the people
in the community.
MASS MEDIA
These are the best instruments

for information dissemination and the
best source of knowledge for the
public. Through these, public opinions
are formed and it is where their
influences lies. Mass media and radio
programs should be constantly
designed to influence opinions,
emotions, and behavior of the people,
131 | P a g e
particularly in its campaign for the restoration of peace and order.
BARANGAY
According to theory and factual

observation, active community
involvement or group participation can be
best achieved through the barangay and its
members, since it is a cohesive group of
inhabitants possessing commitment and
performing a well-defined and significant
role which can be transformed into
effective and harmonious action for the prevention and control of crime and delinquency.
Let’s connect!
1. What do you already know about Community Pillar?

________________________________________________________________________
_______________________________________________________________________.
2. What would happen if your community is healthy?
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
1. List down all the elements of the community and write all the duties/ responsibilities of
these elements to you or to the people within the community.
132 | P a g e
COMMUNITY
133 | P a g e
REFLECTION:
reason why.
134 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all

135 | P a g e
UNIT 4: THE TWO-FOLD ROLE OF THE COMMUNITY
LEARNING OUTCOMES
 Understand the role of the community to the people

 Appreciate the methods of restorative justice
Restorative justice views crime as more than breaking the law – it also causes harm to
people, relationships, and the community. So a just response must address those harms as well as
the wrongdoing. If the parties are willing, the best way to do this is to help them meet to discuss
those harms and how to about bring resolution. Other approaches are available if they are unable
or unwilling to meet. Sometimes those meetings lead to transformational changes in their lives.
Did you know the aims of Restorative justice is concerned with healing victims' wounds,
restoring offenders to law-abiding lives, and repairing harm done to interpersonal relationships
and the community. It seeks to involve all stakeholders and provide opportunities for those most
affected by the crime to be directly involved in the process of responding to the harm caused.
1. Why do you think restorative justice happened?

________________________________________________________________________
_______________________________________________________________________.
Let’s explore!

What if restorative justice failed in its objectives?
________________________________________________________________________
_______________________________________________________________________.
 What might happen to a person undergone restorative justice?
________________________________________________________________________
_______________________________________________________________________.
THREE BIG IDEAS OF RESTORATIVE JUSTICE
Repair: crime causes harm and justice requires repairing that harm;
Encounter: the best way to determine how to do that is to have the parties decide
together; and
Transformation: this can cause fundamental changes in people, relationships and
communities.
A more formal definition is this: Restorative Justice is a theory of justice that
emphasizes repairing the harm caused by criminal behavior. It is best accomplished through
cooperative processes that allow all willing stakeholders to meet, although other approaches are
136 | P a g e
available when that is impossible. This can lead to transformation of people, relationships and
communities.
The foundational principles of restorative justice have been summarized as follows:
Crime causes harm and justice should focus on repairing that harm.
The people most affected by the crime should be able to participate in its resolution.
The responsibility of the government is to maintain order and of the community to build
peace.
If restorative justice were a building, it would have four corner posts:
Inclusion of all parties

Encountering the other side
Making amends for the harm
Reintegration of the parties into their communities
To review: restorative justice...
is a different way of thinking about crime and our response to crime

focuses on repairing the harm caused by crime and reducing future harm through crime
prevention
requires offenders to take responsibility for their actions and for the harm they have
caused
seeks redress for victims, recompense by offenders and reintegration of both within the
community
requires a cooperative effort by communities and the government
Restorative Justice is commonly known as the theory of criminal justice that focuses on
crime as an act against another individual or community rather than the state. The victim
plays a major role in the process and may receive some type of restitution from the offender.
Restorative Justice takes many different forms, but all have some aspects in common. In
criminal cases, victims have an opportunity to express the full impact of the crime upon their
lives, to receive answers to any lingering questions about the incident, and to participate in
holding the offender accountable for his or her action. Offenders can tell their story of why the
crime occurred and how it has affected their lives. They are given an opportunity to make things
right with the victim – to the degree possible – through some form of compensation.
In social justice cases, impoverished people such as foster children are given the
opportunity to describe what they hope for their futures and make concrete plans for
transitioning out of state custody in a group process with supporters in criminal cases,
types of compensation include, but are not limited to: money, community service in
general, community service specific to the deed, self-education to prevent recidivism
and/or expression of remorse.
137 | P a g e
In the courtroom, the process might look like this: for petty or first-time offenses, a case
may be referred to restorative justice as a pretrial diversion, with charges being dismissed
after fulfillment of the restitution agreement. In more serious cases, restorative justice
may be part of a sentence that includes prison time or other punishments.
In the community, concerned individuals meet with all affected parties to determine
what the experience and impact of the crime were for all. Those called out for offences
listen to others’ experiences first, preferably until they are able to reflect and feel what
those experiences were for the others. Then they speak to their experience: how it was for
them to do what they did. A plan is made for prevention of future occurrences, and for
the offender to heal the damage to the injured parties. All agree. Community members
hold offender accountable for adherence to the plan.
Restorative Justice is a theory of justice that emphasizes repairing the harm caused or
revealed by criminal behavior. It is best accomplished through cooperative processes that
include all stakeholders.
Practices and Programs reflecting Restorative Purposes will respond to crime by:
1. Identifying and taking steps to repair harm

2. Involving all stakeholders, and
3. Transforming the traditional relationship between communities and their governments in
responding to crime.
Programs and Outcomes typically identified without Restorative Justice include:
Victim offender mediation

Conferencing
Circles
Victim assistance
Ex-offender assistance
Restitution
Community service
Three Principles from Foundation for Restorative Justice:
1. Justice requires that we work to restore those who have been injured.
2. Those most directly involved and affected by crime should have the opportunity to
participate fully in the response if they wish.
3. Governments role is to preserve a just public order, and the community’s is to build and
maintain a just peace.
Restorative Programs are characterized by Four Key Values:
Encounter: Create opportunities for victims, offenders and community members who
want to do so to meet to discuss the crime and its aftermath.
138 | P a g e
Amends: Expect offenders to take steps to repair the harm they have caused
Reintegration: Seek to restore victims and offenders to whole, contributing members of
society
Inclusion: Provide opportunities for parties with a stake in a specific crime to participate
in its resolution
Some Related Laws:
1. RA 9346 – ABOLITION OF DEATH PENALTY

2. RA 8353 – ANTI RAPE LAW
3. RA 7659 – DEATH PENALTY LAW
4. RA 9208 – ANTI-TRAFFICKING ACT
5. RA 9165 – COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 6425)
6. RA 9262 – ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN
7. RA 7610 – CHILD ABUSE LAW
8. RA 9283 – INTELECTUAL PROPERTY
9. RA 9284 – ILLEGAL POSSESSION OF FIREARMS
10. RA 6981 – WITNESS PROTECTION PROGRAM
11. RA 7080 – PLUNDER LAW
12. RA 9160 – ANTI MONEY LAUNDERING (RA 9194)
13. RA 9344 – COMPREHENSIVE JUVENILE JUSTICE SYSTEM
Let’s connect!
1. What do you already know about restorative justice?

________________________________________________________________________
______________________________________________________________________.
2. What would happen if restorative justice failed its mission?
________________________________________________________________________
_______________________________________________________________________.
ASSESSMENT TASK
Example: WHY SCHOOLS WANTS RESTORATIVE JUSTICE?
Address and Build healthy Reduce, prevent Repair harm and Resolve conflicts,
discuss the relationships and improve restore positive hold individual
needs of school between educators harmful behavior relationships and group
community and students accountable
139 | P a g e
1. Following the example above, make a diagram why

a. people,
b. community,
c. mass media, and
d. home needs or wants restorative justice?
REFLECTION:
reason why.
140 | P a g e
form of essay.
response is
required.
words.
response is
procedures.
response is
reasoning
and procedure
response is
procedure.
completely
incorrect or no
answer at all
KYLE ARIANNE T. MENDOZA, RCRIM RANULFO T. BAYAG-O, PHD CJ

141 | P a g e
REFERENCES:
Anderson, J.F. (2002). Criminal Justice and Criminology concepts and Jums. New York:
University Press of America
Cole, G.F. (2002). The American System of Criminal Justice. California: Brooks/Cole
Publishing Company.
Miller, L.S. (2002). The Police in the community. USA: wadsworth/Thomson Learning.
Manwong, R.K. (2006). Fundamentals of Criminology. Philippines: Wiseman Publishing.
Banks, C. (2009). Criminal justice ethics: Theory and practice. (2 nd ed.) Los Angeles: SAGE.
Cano, G. J., Amante, D.A., Fernandez, N.M. (2010) Philippine criminal justice system. Manila:
Mindshapers.
Timpac, T., Handbook on Philippine Criminal Justice System, RMC Publishing Haus, Tarlac
City Philippines, 2011
Domingo, S., Criminal Justice System, Rex Book Store, Manila, Philippines
https://www.unafei.or.jp/publications/pdf/RS_No101/No101_17_IP_Philippines.pdf
https://www.bucor.gov.ph/facilities/nbp.html
https://www.bucor.gov.ph/facilities/lrp.html
https://www.bucor.gov.ph/facilities/sppf.html
https://www.bucor.gov.ph/facilities/dppf.html
https://www.bucor.gov.ph/facilities/srppf.html
https://www.bucor.gov.ph/facilities/ippf.html
https://www.bucor.gov.ph/facilities/ciw.html
142 | P a g e

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DIVINE WORD COLLEGE OF VIGAN

KYLE ARIANNE T.MENDOZA, RCRIM.

Course Description: PHILIPPINE CRIMINAL JUSTICE SYSTEM

B. Course Learning Outcomes

Week 1-3 - CONCEPTS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

Week 4-6 - LAW ENFORCEMENT: 1ST PILLAR

Week 7-9 - PROSECUTION: 2ND PILLAR

Week 10-12 - COURT: 3RD PILLAR

Week 13-15 - CORRECTIONS: 4TH PILLAR

Week 16-18 - COMMUNITY: 5TH PILLAR

d. Do not write in ACRONYMS or text-write format like writing “U” instead of

VIDEO CLIPS & E-DOCUMENTS

4. I will send thru SMS the topic for discussion.

UNIT 1: THE CONCEPT OF CRIMINAL JUSTICE SYSTEM

 explain the concept of the Criminal Justice System.

1. What do you know about criminal justice system in the Philippines?

Crime can be committed in two ways:

Requisites of crime commission

Requisites of crime by omission

BREEDING GROUNDS OF CRIMINALITY (CAUSES OF CRIMES)

 Soft State – This pertains to a system of government characterized by non-enforcement

OTHER BASIC CAUSES OF CRIMES (By: Cirilo Tradio)

Before a person could be regarded as criminal, the following circumstances must be

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

6. Criminal Justice System

NATURE OF CRIMINAL JUSTICE SYSTEM

Essence of Justice under the Constitution

Due Process Defined:

Kinds of Due Process:

1. Think of the words or ideas that you associate with

2. Why does criminal justice system happen? explain

PRECEPTS EXPLANATION EXAMPLES

1. “render to each it’s

2. “treat equals equally

HOLLISTIC RUBRIC FOR SHORT ESSAY

KYLE ARIANNE T. MENDOZA, RCIM RANULFO T. BAYAG-O, PHD CJ

UNIT 2: PILLARS OF PHILIPPINE CRIMINAL JUSTICE SYSTEM

 understand the essence of justice.

What do you want to know?

THE MAIN PILLARS OF PCJS

AS TO THE AUXILIARY PILLARS

1. Parole and Probation Administration

Other important matters concerning System

In relation to CJS America, the body is composed of the following:

THE CRIMINAL JUSTICE SYSTEM

The various components discharge a vital responsibility of government. Without it,

Goals of the CJS:

The prevention of crimes.

Purposes of the CJS:

To process those who have been accused of criminal activities.

OBJECTIVES OF CRIMINAL JUSTICE SYSTEM

 Preventing the commission of crime

People involved in the system (Parties to the criminal case)

Accused – The most pampered party in a criminal case.

PROCESS OF CRIMINAL JUSTICE SYSTEM

HOLLISTIC RUBRIC FOR SHORT ESSAY

KYLE ARIANNE T. MENDOZA, RCRIM. RANULFO T. BAYAG-O, PHD CJ

UNIT 3: LAW ENFORCEMENT PILLAR (1st PILLAR)

What do you want to know?

THE PHILLIPPINE NATIONAL POLICE

THEORIES OF POLICE SERVICE

CREATION OF THE PHILIPPINE NATIONAL POLICE