Criminal Justice System

1 PHILIPPINE CRIMINAL JUSTICE SYSTEM CRIMINAL JUSTICE SYSTEM •

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The sum total of instrumentation instrumentation which a society uses in the prevention and control of crime and delinquency The machinery of the state or government which enforces the rules of conduct necessary to protect life and  property and to maintain peace peace and order  The network of works and tribunals which deal with criminal law and its enforcement Comprises all means used to enforce these standards of conduct, which are deemed necessary to protect individuals and to maintain general well-being of the community

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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L! L! "#$% "#$%&C" &C"'" '"#T #T ( )%L )%L*C *C" " )&%"CT*%# C%&T C%&&"CT*%# C%''#*T

GOALS OF CRIMINAL JUSTICE SYSTEM

. )rim )rimar ary y 2oal 2oalss 1. +.

prot protec ectt memb member erss of soci societ ety y main mainte tena nanc ncee of of pea peace ce and and order 

3. eco econd ndar ary y 2oa 2oals ls 1. prev preven enti tion on of of cri crime mess +. the the revi review ew of of lega legali lity ty of of the the  preventive and suppressive suppressive measures . the 4udici 4udicial al determ determina inatio tion n of of guilt or innocence of those apprehend /. the proper proper dispo disposit sition ion of those those who have been legally found guilty 0. the the corr correc ecti tion on by by soci social ally ly approved means of the behave if those who violate the criminal law

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the the supp suppre ress ssio ion n of cri crimi mina nall conduct by apprehending offenders for whom prevention is ineffective ineffective

A. LAW LAW ENFORC ENFORCEME EMENT NT / POLIC POLICE E

s the first pillar in the criminal 4ustice syst system em,, the the poli police ce is cons consid ider ered ed as the the initiator of actions. *ts actions and decisions essentially control or dominate the activities or functions of the other components. Brief Histor

The ins instit titution tion of pol police ice in the )hilip )hilippin pines es formal formally ly start started ed during during the panish "ra. The establishment of the police force force was was not entir entirely ely inten intended ded or crime crime  prevention or peacekeeping rather, it was crea create ted d as an e6te e6tens nsio ion n of the the colo coloni nial al military establishment. A!"ie!t Roots

The foreru forerunne nnerr of the contem contempor porary ary  police system was the practice of the  barangay chieftains to select able-bodied young men to protect their barangay during the night and was not required to work in the fields during daytime. mong the duties of  those selected were to protect the properties of the people in the barangay and to protect their 7barangay8s9 crops and livestock from wild animals.

S#$!is% Perio& C$r$'i C$r$'i!er !eros os &e Se()ri Se()ri&$& &$& P)'*i" P)'*i"$ $ :  orga organi ni;e ;ed d in 1<1+ 1<1+ for for the the purp purpos osee of  carrying the regulations of the =epartment of tate. This was armed and considered as the mounted police. ears after, this kind of   police organi;ation discharged the duties of  a port, harbor and river police. G)$r&ri**eros  : this was a body of rural  police organi;ed in each town and esta establ blis ishe hed d by the the &oya &oyall =ecr =ecree ee of 1> ?anuary 1>5. This decree provides that 0@ of the ableAbodied male inhabitants of each  province were to be enlisted in this police organi;ation organi;ation for three years.

+ G)$r&i$ Ci+i* : this was created by a &oyal =ecree issued by the Crown on 1+ $ebruary 1>0+ to partially relieve the panish )eninsular Troops of their work in policing towns. *t consisted a body of $ilipino  policemen organi;ed originally in each of  the provincial capitals of the central  provinces of Lu;on under the lcalde 'ayor. A,eri"$! Perio&

The mericans established the nited tates )hilippines Commission headed by 2en. Boward Taft as its first governorgeneral. %n ?anuary , 1A1, the 'etropolitan )olice $orce of 'anila was organi;ed pursuant to ct #o.
P8 6 : otherwise known as the D*ntegration ct of 1<0E, dated > ugust 1<0F established and constituted the *ntegrated #ational )olice 7*#)9 composed of the )hilippine Constabulary 7)C9 as the nucleus and the integrated local police forces as components, under the 'inistry of   #ational =efense -- transferred the #)%LC%' from the %ffice of the )resident to the ministry of #ational =efense -- also transferred to the *#) the following powers and functions of the  #)%LC%'G training of policemen, establishment of the )olice *ntegrated Communications ystem, grant of police subsidy and temporary disability benefits, among others. Post M$rti$* L$7 Re(i,e

ACT No. - : entitled Dn ct )roviding for the %rgani;ation and 2overnment of an *nsular Constabulary, passed on 1> ?uly 1A1.

"6ecutive %rder #o. 1A1+ : transferred to the city and municipal government the operational supervision and direction over  all *#) units assigned within their locality.

A"t No. 00 : the act that renamed the insular Constabulary into )hilippine Constabulary, passed on  %ctober 1A1.

"6ecutive %rder #o. 1A/A : transferred the administrative control and supervision of the *#) from 'inistry of #ational =efense to the #ational )olice Commission.

E1e")ti+e Or&er 234 : ordered that the )C  be one of the four services of the rmed $orces of the )hilippines, dated + =ecember 1/A. Post A,eri"$! Perio& RA 5365 : otherwise known as the )olice )rofessionali;ation ct of 155, dated > eptember 155 created the )olice Commission 7)%LC%'9 as a supervisory agency to oversee the training and  professionali;ation of the local police forces under the office of the president. Later  )%LC%' was renamed #ational police Commission 7#)%LC%'9.

-- under this ct, the City ( 'unicipal police forces and its personnel were under the administrative and operational control and supervision of the %ffice of the )resident through the  #)%LC%'. M$rti$* L$7 Re(i,e

RA 64 : otherwise known as the D=epartment of the *nterior and Local 2overnment ct of 1AE, enacted on 1 =ecember 1A -- reorgani;ed the =*L2 and established the )hilippine #ational )olice, 3ureau of $ire )rotection, 3ureau of ?ail 'anagement and the )hilippine )ublic afety College. RA 3- : otherwise known as the )hilippine #ational )olice &eform and &eorgani;ation ct of 1>, enacted on 1> -- amended certain provisions of  & 5<0. P%i*i##i!e N$tio!$* Po*i"e •

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%rgani;ed pursuant to & 5<0, as amended by & >001  law enforcement agency under  the operational control of the =epartment of the *nterior and

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Local 2overnment and administrative supervision of the  #ational )olice Commission *t is an organi;ation that is national in scope and civilian in character  Beaded by the Chief, )#), with the rank of =irector 2eneral

Arti"*e 9VI Se" 6 of t%e -43 P%i*i##i!e Co!stit)tio!

The tate shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local e6ecutives over the police units in their   4urisdiction shall be provided by law. OBJECTIVES ENFORCEMENTS / POLICE

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time prevention : the detection suppression and prevention of crimes have traditionally been accepted as some of the primary goals of the local  police forces. ome authorities have ever defined crime preventions as the core mission of the police. criminal apprehension : it is a police responsibility to identify, locate and apprehend offenders law enforcement : it is the basic responsibility of the police to enforce the law order maintenance : one of the most troublesome responsibilities of the  police public services : because the police is the most visible symbol of authority, they are called upon assist in situations like location of lost persons or   properties to provide H*), bank and funeral escorts and other similar duties traffic regulation and motor accident investigation : the police are e6pected to ensure road safety for both  pedestrians and motorist and assist in cases of road accidents and emergencies

N$tio!$* B)re$) of I!+esti($tio!

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a law enforcement agency  patterned after the $ederal 3ureau of *nvestigation under the =epartment of  ?ustice headed by a =irector 

A"t No. -3- : created the =ivision of  *nvestigation 7=*9 of the =epartment of  ?ustice, dated #ovember 1>

)eople responsible for the creation of the  #3* 1. )resident 'anuel L. Iue;on +. Chief ?ustice ?ose bad antos . ecretary ?ose ulo RA -  : created the #ational 3ureau of  *nvestigation, enacted on 1 ?une 1/< RA No 063 : recogni;e the #3*, dated 15A

B. PROSECUTION The course of action or process whereby accusations are  brought before a court of   4ustice to determine the innocence or guilt of the accused *n a criminal action, it is a  preceding instituted and carried on by due course of  law, before a competent tribunal, for the purpose of  determining the guilt or  innocence of a person charged with the crime The continuous following up, through instrumentalities carried by law, of a person accused of a public offense with steady and fi of reaching a 4udicial determination of the guilt or innocence of the accused 8)ties of $ Prose")tor;

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To conduct preliminary investigation To make proper recommendation during the inquest of the case referred to them  by the police after investigation of a suspect.

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To represent the government or state during the prosecution of the case against the accused in the absence of a  private counsel or prosecutor under his supervision and controlF /. To act as law officer of the province or  city in the absence of a legal officer and as legal adviser of all political instrumentalities and their officialsF and 0. To investigate administrative cases filed against the tate )rosecutors including the support staff of the #ational )rosecution ervices. THE NATIONAL SERVICE
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PROSECUTION

The principal prosecutory arm of  the government *ts primary task is to investigate and prosecute all criminal offenses defined and penali;ed under the &evised )enal Code and other  special laws.

Or($!i>$tio!$* Str)"t)re;

*t is composed of the %ffice of the Chief tate )rosecution 7)rosecution taff9, the &egional tate )rosecution %fficers and the )rovincial and City )rosecution %ffice. *t is prosecution attorneys and special counsels. *t is the ecretary of the =epartment of ?ustice who e6ercise general supervision and control over the prosecutors throughout the country. t the operational level, the Chief  tate )rosecutor, as the head of   )rosecutorial taff, is tasked with the implementation of the provision of laws, e6ecutive orders and rules and carries out the policies, plans, programs and pro4ects of  the =epartment relative to the investigation and prosecution of criminal cases. A&&itio!$* Prose")tor;

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*nvestigates, resolves, or recommends disciplinary action on all administrative cases filed against the state prosecutors,  provincial ( city prosecutors, including the support staff of the #)F

&enders opinions on queries from  prosecutors regarding the violation of  the &evised )enal Code and other penal laws and the proper legal interpretation thereofF cts as the Hice Chairman of the 3oard of  Canvassers of the Commission on "lectionsF cts as a law officer of the provincial ( city in the absence of legal officer and as legal adviser of all the political instrumentalities and their officials. cts as &egistrar of =eeds in the absence of  the &egistrar of =eeds and the deputyF and &epresents the %ffice of the olicitor2eneral, and acts as deputi;ed pecial )rosecutor of the %mbudsman and of  the Commission of "lections when so deputi;ed. Pre*i,i!$r I!+esti($tio!

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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 *t is merely prosecutorial and is often the only means of  discovering the persons who may be reasonably charged with a crime to enable the  prosecutor to prepare his complaint or information *t is not a trial of the case on the merits and has no purpose e6cept that of determining whether a crime has been committed and whether there is a probable cause to believe that the accused is guilty thereof  *t is required to be conducted  before the filing of the complaint or information for  an offense where the penalty  prescribed by law is at least four years, two months and one day without regard to fine. Pro'$'*e C$)se

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As '$sis i! "%$r(i!( #rose")ti!( #erso! 7it% $! offe!se; )robable cause is the e6istence of such facts and circumstances as would e6cite a belief in a reasonable mind acting on the facts within the knowledge of the prosecutor that the  person charged id guilty of the crime for  which he is prosecuted. 0. As $ (ro)!& for $! $rrest or iss)$!"e of 7$rr$!t of $rrest; )robable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to  believe that an offense has been committed by the person sought to be arrested. 2. As #rote"tio! $($i!st f$*se #rose")tio! $!& $rrest; )robable cause is the knowledge of facts, actual or apparent, strong enough to 4ustify a reasonable mind in the belief that he has lawful grounds for arresting the accused. OBJECTIVES OF PRELIMINARY INVESTIGATION

To protect the innocent against hasty, oppressive and malicious  prosecutionF To secure the innocent from an open and public accusation of trial, from the trouble of e6pense and an6iety of a public trialF To protect the tate from useless and e6pensive trials.

OFFICERS AUTHORI?E8 TO CON8UCT PRELIMINARY INVESTIGATION; •

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)rovincial or City )rosecutors and their assistants ?udges of the 'unicipal Trial Courts and 'unicipal Circuit Trial Courts  #ational and &egional tate )rosecutors

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%ther officers as may be authori;ed by lawG Tanodbayan8s special  prosecutors as authori;ed  by the %mbudsman C%'"L"C8s authori;ed legal officers in connection with election offenses pecial prosecutors appointed  by the ecretary of ?ustice

PROCE8URE OF INVESTIGATION $."o!&)"te& ' #rose")tor;

PRELIMINARY

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There must be a complaint accompanied by the affidavit of the complainant and his witness as well as their other supporting documents to establish probable cause. The number of copies shall be same as the number of respondents plus additional two for the official file. These shall be filed with the  prosecutor8s office. 0. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within te! <-@= &$s after filing of the complaint. 2. The respondent shall submit his counter-affidavit and that of his witness within te! <-@= &$s  from receipt of subpoena. *f respondent cannot be subpoenaed or if he failed to submit his counteraffidavit within the prescribed period, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complaint. 5. The investigating prosecutor may set a hearing if there are facts or issues to  be clarified. 3oth parties can be  present but they cannot e6amine or  cross-e6amine either party. They can submit questions to be ask by the investigating prosecutor. The hearing shall be held within te! <-@= &$s from the submission of the counteraffidavit or from the e6piration of the  period of submission. The hearing shall be terminated with fi+e <= &$s. -.

5 !ithin te! <-@= &$s after the investigation, the investigating  prosecutor shall determine whether or  not there is sufficient ground to hold the respondent fro trial. The termination of the hearing shall be the end of the investigation. 6. *f the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. Be shall forward the record of the case to the provincial or  city prosecutor or chief state  prosecutor within fi+e <= &$s  from his resolution. *f the investigating  prosecutor recommends dismissal of  the case, the same procedure shall apply. The provincial, city, or chief   prosecutor shall act on the resolution within te! <-@= &$s  from receipt and shall immediately inform the parties of such action. #o complaint or  information may be filed or dismissed  by the investigating prosecutor  without the prior written authority or  approval of the provincial, or city, or  chief state prosecutor. . *f the investigating prosecutor  recommends the filing of the case but the provincial, city, or chief state  prosecutor disapproves and wants the case dismissed, the provincial, city, or  chief state prosecutor may dismiss the case without need for another   preliminary investigation. *f the investigating prosecutor recommends dismissal of the case but the  provincial, city, or chief state  prosecutor finds probable cause, the  provincial, city, or chief state  prosecutor may file the information with the court without need for  another preliminary investigation. 3. *n case either party is not satisfied with the findings of the provincial, city, or chief state prosecutor, he may submit his petition with the ecretary of 4ustice. T%e Se"ret$r of J)sti"e %$s t%e #o7er to ,o&if t%e reso*)tio! of t%e #ro+i!"i$* "it or "%ief st$te #rose")tor. The ecretary of ?ustice may affirm or reverse the resolution of the provincial, city, or  chief state prosecutor without conducting another preliminary investigation. .

'. "o!&)"te& ' t%e i!+esti($ti!( )&(e;

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!ithin te! <-@= &$s after the  preliminary investigation, the investigating 4udge shall transmit the resolution of the case to the  provincial, city, or chief state  prosecutor for appropriate action. +. !ithin t%irt <2@= &$s  from receipt of the records of the case, the  provincial, city, or chief state  prosecutor shall review the resolution of the investigating 4udge on the e6istence of probable cause. I!)est -

an informal and summary investigation conducted by a  public prosecutor in criminal cases i!+o*+i!( #erso!s $rreste& $!& &et$i!e& 7it%o)t t%e 'e!efit of $ 7$rr$!t of $rrest  issued by the court for the purpose of  determining whether or not said persons should remain under custody and correspondingly be charged in court.

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 prosecutors assigned to inquest duties by the  provincial or city prosecutor  they shall discharge their  functions during the hours of  their designated assignments, which might be done at the police stations in order to e6pedite inquest  proceedings.

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a governmental body officially assembled under authority of law at the appropriate time and place for the administration of 4ustice through which the state enforces its sovereign rights and power  an organ of the government,  belonging to the 4udicial department, whose function is

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the application of the laws to controversies brought before it and public administration of   4ustice a body to which the public administration of 4ustice is delegated through its sovereign rights and power.

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To &eter,i!e ' $** $+$i*$'*e *e($* ,e$!s 7%et%er $ #erso! is ()i*t of $ "ri,e; &eview of all evidence presented by the police or private citi;ens to determine its relevance and admissibility according to established guidelines of acceptability is the responsibility of the courts. The courts also e6amine the circumstances that surround the crime as it relates to the issues it must ad4udicate

T7oDFo*& Ro*e of t%e Co)rt

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s a participant, the court must decide the culpability or innocence of the accused after its trial on merit. *f 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. %n eh other hand, if the  prosecution fails to show the guilt of the accused for insufficiency of evidence, he would be e6onerated or acquitted and order the release from prison if he is under detention unless he has no other pending cases where he fails to  post bail for his provincial release. +. s a supervisor, the Court has a noble mission as a protector of human rights. These rights refer Dto those rights which are inherent in our nature and without which we can not live as human  beings.E The main function of the court is to promote 4ustice in order to obtain  peace, satisfaction and happiness of the citi;enry. Corollary to this, the 4udge should e6hibit impartiality in his decision to the contentment of all litigants.

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To &is#ose #ro#er* of   t%ose "o!+i"te& of "ri,es;   The courts have the responsibility to e6amine the  background of the accused and the circumstances of a crime. $rom this information and according to e6isting applicable laws, the court considers possible sentencing alternatives and then selects the most proper form of  disposition for the convicted offender. 5.

To #rote"t so"iet; fter the accused has been found guilty and after  the consideration of all factors, the court must determine if the offender should be removed from the society and incarcerated to  protect the safety of life and  property.

F)!"tio!s of t%e Co)rt . To #rote"t t%e ri(%ts of t%e $"")se&; The courts are responsible for reviewing the actions of law enforcement agencies to ensure that the police have not violated the legal rights of the accused. imilarly, the courts are given the authority and responsibility to review the actions of other agencies of  criminal 4ustice to ensure that their actions do not violate the rights of the convicted offender.

To #re+e!t $!& re&)"e "ri,i!$* 'e%$+ior; This is the task of  imposing the proper penalties and sanctions that will serve to deter future criminal acts by the offender and also to serve as an e6ample and a deterrent to other  who would commit criminal acts or threaten public safety.

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J)&i"i$r •

That branch of the government which is vested with 4udicial power 

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That branch of the government which is empowered to interpret, construe and apply the law.

J)&i"i$* Po7er

The power to apply the laws to contest or disputes concerning legally recogni;ed rights or duties of and  between the state and the private  persons or in between individual litigants in cases properly brought  before the 4udicial tribunals. The authority to settle 4ustifiable controversies or disputes involving rights that are enforceable and demandable before the courts of   4ustice. S"o#e of J)&i"i$* Po7er -.

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A&)&i"$tor #o7ers a. to settle actual controversies involving rights which are legally demandable and enforceableF and  b. to determine whether there has  been abuse of discretion amounting to lack or e6cess of   4urisdiction on the part of any  branch of the government. Po7er of )&i"i$* re+ie7 a. to pass upon the validity or  constitutionality of the laws of  the tate and the acts of the other departments of the government  b. to interpret themF and c. to render binding 4udgment I!"i&e!t$* #o7ers *ncludes the incidental  powers necessary to the effective discharge of the  4udicial functions such as the  power to punish a person ad4udged in contempt. -

JU8GE : a public officer so named in his commission and appointed to preside over  and to administer the law in a court of   4ustice. RA -04 : otherwise known as the J)&i"i$r Reor($!i>$tio! A"t of -434

JURIS8ICTION : the power and authority of a court to hear, try and decide cases. ORGANI?ATION AN8 JURIS8ICTION OF THE COURTS Re()*$r Co)rts $. S)#re,e Co)rt • Composed of a Chief ?ustice and fourteen 71/9 ssociate ?ustices • may sit either en banc or t its discretion, in division of three 79, five 709 or seven 7<9 members • shall have administrative supervision over all courts and their   personnel • shall have the power to discipline  4udges of lower courts • shall have appellate 4urisdiction over cases decided by the C • shall have the power of automatic review of cases sentenced with death penalty • shall have the power of 4udicial review • shall have the power to issue writs '. Co)rt of A##e$*s • Composed of 5 ?ustices, headed  by a )residing ?ustice • %perates in + divisions, each comprising three 79 members • its en banc only to e6ercise administrative, ceremonial or other  non-ad4udicatory functions • Bas appellate 4urisdiction over  cases decided by the &TC • Bas the power to order a new trial ".

Re(io!$* Tri$* Co)rt  presided by seven hundred twenty 7<+A9 &egional ?udges in each of  the regions of the country • has general 4urisdiction over  criminal cases • has 4urisdiction overG 1. offenses punishable with imprisonment e6ceeding si6 years and one day or a fine e6ceeding )/,AAA.AA, or   both +. issuance of writs •

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Metro#o*it$! Tri$* Co)rt • %ne in each metropolitan city or  municipality • Bas 4urisdiction overG 1. violations of city or   municipal ordinances +. %ffense punishable with imprisonment not e6ceeding si6 years or a fine of not more than )/,AAA.AA or both.

e. M)!i"i#$* Tri$* Co)rt • one in every city not forming part of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit • has 4urisdiction overG violations of city or municipal ordinances %ffense punishable with imprisonment not e6ceeding si6 years or a fine of  not more than )/,AAA.AA or both.

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Commissioner of the 3ureau of *nternal &evenue involving internal revenue ta6es and decision of the Commission of the 3ureau of Customs involving customs duties

has appellate 4urisdiction over cases decided by the 'etropolitan Trial Court, 'unicipal Trial Court and 'unicipal Circuit Trial Court

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%ne in each area defined as a municipal circuit comprising one more cities and(or one or more municipalities grouped together according to law Bas 4urisdiction overG violations of city or municipal ordinances offenses punishable with imprisonment not e6ceeding si6 years or a fine of not than )/AA,AA.or both

S%$ri$ Co)rt •

M)!i"i#$* Cir")it Tri$* Co)rt

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Co)rt of T$1 A##e$*s •

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Created under &epublic ct  #o. 11+0 Composed of three 4udges, headed by a )residing ?udge Bas e6clusive appellate  4urisdiction to review on appeal decision of the

Created pursuant to )= 1A>, otherwise known as the DCode of 'uslim )ersonal Laws of the )hilippinesE. Created as part of the 4udicial system Courts of limited 4urisdiction known as the haria =istrict Court are presided =istrict ?udge haria circuit trial courts are  presided by circuits 4udge

&= )$siD )&i"i$* $(e!"ies

S#e"i$* Co)rts $=

Created pursuant to )= 15A5 Composed of fifteen 7109 ?ustice, headed by )residing ?udge %perates in five 709 divisions each comprising three 79 members Tasked to handle criminal cases involving graft and corruption and other offenses committed by public officers and employees in connection with the performance of their functions

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dministrative bodies under the e6ecutive branch  performing quasi-4udicial function, such as the #ational Labor &elation Commission, the "mployees Compensation Commission the ecurities and "6change Commission. C%'"L"C and others.

Co)rt M$rti$* •

gency of e6ecutive character with the )resident as

1A Commanded-in- Chief of the rmed $orces of the )hilippines

 prepared by the 4udge and subscribed by him hall contain clearly and distinctly a statement of the facts and the laws upon which it is  based.

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IN8S OF JURIS8ICTION OF COURT Ge!er$*D when it is empowered to decide all disputes which may come  before e6cept those assigned to other  courts 7e.g 4urisdiction of the &TC9 Li,ite&D when it has authority to hear and determine only a few specified cases 7e.g 4urisdiction of special courts9 Ori(i!$*D when it can try and hear a case presented for the first time A##e**$teD when it can try a case already heard and decide by a lower court, removed from the latter by appeal E1"*)si+eD when it can try and decide a case which cannot be  presented before any other court Co!")rre!tD when any of two courts may take cogni;ance of a case Cri,i!$*D that which e6ists for the  punishment of crime Ci+i*D that which e6ists when the sub4ect matter is not criminal in nature 7e.g annulment, adoption, child custody9

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0.

2. 5.

.

6. . 3.

8ECISIOND the 4udgment rendered by a court of 4ustice or other competent tribunals. PERIO8 OF REN8ERING 8ECISION -. 0.

2.

upreme Court- within twenty-four  7+/9 months Court of ppeals- and other collegiate appellate courts : within 71+9 months  *nferior Courts- within three 79 unless reduced by the upreme Court

JU8GEMENT

CONTENTS OF JU8GEMENT $=

)&(,e!t of "o!+i"tio!;

the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended commission the participation of the accused in the offense, whether as  principal, accomplice or accessory after the fact the penalty imposed upon the accused the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party unless the enforcement of the civil liability by a separate civil action has been reserved or waived

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'= )&(,e!t of $")itt$*; •

shall state whether the evidences of the prosecution absolutely failed to prove the guilt of the accused of merely failed to  prove his guilt beyond reasonable doubt

PROMULAGATION OF JU8MENT

3y reading in the presence of the accused and any 4udge of the court in which it was rendered. *f the 4udge is absent the  4udgment maybe promulgated  by the clerk of court. 8. CORRECTION •

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The ad4udication by the court that the accused is guilty of the offense charged and the imposition of the proper penalty and civil liability, if any *t must be written in the official language, personally and directly

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That branch of administration of criminal 4ustice with the charged with the responsibility for custody, supervision and

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•

rehabilitation of convicted offenders The combination of public and  private services with legal authority to provide for the care, custody and control of those convicted of a criminal offense  The programs, services and institution responsible for those individuals who are accused and or convicted of criminal offenses

.

"o,,e!s)r$te-it must be  proportional to the gravity of the crime /. #erso!$*D it must be imposed to the person who actually committed the crime with no substitutes 0. e)$*D it must apply to all offenders Priso!s •

Pe!o*o(D a branch of criminology which deals with management and administration of inmates. •

Pe!$*tD the suffering that is inflicted by the tate for the transgression of the law

•

T%eories J)stifi!( Pe!$*t •

1.

+.

.

/.

0.

Pre+e!tio!D the tate punishes the criminal to prevent or suppress the danger to the tate and to the public arising from the criminal acts of the offender  Se*fD&efe!seD the tate  punishes the criminal as a measure or self-defense so as to  protect society from the threat and wrong inflicted by the criminal Refor,$tio!D it is duty of the tate to take care of and reform the criminal  E1e,#*$ritD the criminal  punished to serve as an e6ample to discourage others from committing crimes. J)sti"eD based on the theory that crime must be punished by the tate as a fact of retributive  4ustice.  vindication of absolute right and moral law violated by the criminal.

J)ri&i"$* Co!&itio!s of Pe!$*t

1.  )&i"i$* $!& *e($*D it must be imposed by virtue of a  4udgment as prescribed by law +. &efi!iteD it must be specific

institutions for confinement of convicted offenders sentenced to more than three 79 years of imprisonment derived from the 2reco&oman word DpresidioE administered by the national government under the 3ureau of Corrections lso called national prisons and also includes penal colonies and farm.

Priso! *$7D basic law in the )hilippines if )risons ystem found in the &evised dministrative Code P%i*i##i!e Priso! Sste,D patterned after the  $ederal )rison ystem PENAL INSTITUTION -=

Ne7 Bi*i'i& Priso! • Located 'untinlupa, 'etro 'anila • Constructed in 15 • ppro6imate 00+ hectares • Bas two satellite units i. Camp ampaguita  :medium security ii. 3ukang Liwayway Camp-medium security • The youth &ehabilitation Center and the &eception and =iagnostic Center is located at Camp ampaguita • !ithin its compound is where the 3ureau of Corrective Central %ffice is located • Bas three security campsG

1+ i.

ma6imum security compound offenders whose ma6imum sentence is twenty 7+A9 years sentence is under review of the upreme Court recidivist, escapees and under disciplinary  punishment medium security compound offenders whose minimum sentence is  below 7+A9 years first time offenders originality classified under ma6imum security who have served five709 years of good conduct minimum security compound an open camp with less restriction offenders who are si6ty five7509 years old and above offenders who are medically certified as invalid and  physically disabled offenders whose remaining period in their sentence is at least si6 months

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The only prison facility for national female convicted  prisoners "stablished in 11 pursuant to ct #o. 0< 'easures 1> hectares

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2=

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ii.

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iii.

5=

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0=

Corre"tio!$* I!stit)tio! for Wo,e! • Located in 'andaluyong City

=

I7$%i( Priso! $!& Pe!$* F$r, • Located in *wahig,)uerto )rincesa City. )alawan "stablished on 15 #ovember • 1A/ pursuant to &eorgani;ation ct 1/A< • 'easures 5,AAA hectares • =ivided into four 7/9 subcolonies i. ta.lucia ii. *nagawan iii. 'ontible iv. Central • *t administers the Tagumpay ettlement S$! R$,o! Priso! $!& Pe!$* F$r, • Located in Jamboanga del ur • "stablished in 1> hectares • Bas two sub-colonies i. )anbo ii. Kapalong •

•

Bas only two levels of securityG minimum, and medium %perates Tanglaw settlement for released prisoners as homesleaders

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6=

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S$'*$$! Pe!$* Co*o! $!& F$r, • Located in ablayan, an ?ose. %ccendental 'indoro • "stablished on +< eptember 10/ pursuant to )roclamation #o.<+ • Bas four 7/9 sub- colonies i. Cental ii. )asugul iii. )usog iv. apang Lete Re(io!$* Priso! • Located in buyog, Leyte • "stablished on 15 ?anuary 1< Bas three levels of securityG • minimum, medium and ma6imum • Bas receiving and processing station

J$i*s •

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•

•

*nstitution for confinement of convicted offenders sentenced to imprisonment of three 79 years or less and offenders awaiting and(or undergoing trial =erived from the panish words D4auloE and DcaulaE and $rench word DgaolE )rovince 4ails are administered and supervised by their respective  provincial government City and municipal 4ails are administered and supervised by the 3ureau of ?ail of 'anagement and )enology

T#es of J$i*s

1.

*o"D)#D security facility for the temporary detention of persons held for investigating or waiting  preliminary hearing, usually the  period of detention does not e6ceed forty eight 7/>9 hours +. Or&i!$rD$i*D institutions for confinement of convicted offenders sentenced to imprisonment of three 79 years or

.

less and offenders awaiting and or undergoing that. 7or%o)se $i*D faiths or camps

P8 04D t%e *$7 t%$t "*$ssifie& #riso!ers C*$ssifi"$tio! of Priso!ers $.= A""or&i!( to st$t)s -= 8ete!tio! #riso!ersD those held for security reasonsF held for investigationF those awaiting final 4udgmentF those awaiting trial 0= Se!te!"e& #riso!ersD  those convicted by final 4udgment

'.= A""or&i!( to P8 04;

19

I!s)*$r or !$tio!$* #riso!ersD  those whose sentence is three years and one day to death or whose fine is more than si6 thousand 7)5, AAA.AA9 or  both. +9 Cit/#ro+i!"i$* #riso!erD those whose sentence is less than three 79 years but over si6 759 months or whose fine is less than si6 thousand  pesos 7)5,AA.AA9 but more than two hundred pesos 7)+AA.AA9, or both. 9 M)!i"i#$* #riso!erD those whose sentence is not more than si6 months or whose fine is not more than two hundred pesos 7)+AA.AA9, or both ".= $""or&i!( to se!te!"e / fo)r ,$i! "*$sses of  #riso!ers

1.9 i!s)*$r / !$tio!$* #riso!er : one who is sentenced to serve a prison term of three years and one day to death +.9 #ro+i!"i$* #riso!er : one who is sentenced to serve a prison term of si6 months and one day to three years .9 "it #riso!er : one who is sentenced to serve a prison term of one day to three years /.9 ,)!i"i#$* #riso! : one who is sentenced to serve a prison term of one day to si6 months NONDINSTITUTIONAL CORRECTIONS

1/ E1e")ti+e C*e,e!"D collective term for absolute pardon, conditional pardon and commutation of sentence. P$r&o! : an act of grace proceeding from the  power entrusted with the e6ecution of the laws which e6empts the individual on whom is to  bestowed from the punishment the law inflicts for a crime he has committedG pardoning power is e6ercised by the )resident.

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i!&s of P$r&o!

19

+9

A'so*)te #$r&o!D the e6tinction of the criminal liability of the individual to whom it is granted without any condition( and restores to the individual his civil rights. Co!&itio!$* #$r&o!D  - the e6tinction of  the criminal liability of the individual within certain limits or conditions( from the punishment which the law inflicts for  the offense he has committed.

Effe"ts of P$r&o!

19 *t removes penalties and disabilities and restores full civil and political rightsF +9 *t does not discharge the civil liability of  the convict to the individual he has wronged, as the )resident has no power to  pardon a private wrongF 9 *t does not restore officers, property or  rights vested in other in consequence of  the conviction. nder our law, as a pardon shall not work the restoration of the rights to hold public office or the right of  suffrage unless such rights be e6pressly restored by the pardon. /9 *n case of violation of election law or rules and regulations, no pardon, parole or suspension of sentence may be granted without the recommendation of the Commission on "lections. E*i(i'i*it for Co!&itio!$* P$r&o!

Be must have served at least one half  71(+9 of the minimum of his indeterminate sentence or the following portions of his prisons sentenceG •

t least two 7+9 years of  minimum sentence of   convicted of 'urders or 

)arricide but not sentenced to &eclusion )erpetua t least one 719 year of  minimum sentence if convicted of Bomicide t least nine 79 months if  convicted of $rustrated Bomicide t least si6 759 months if  convicted of ttempted Bomicide

Co,,)t$tio! of se!te!"eD an e6ecutive clemency changing a heavier sentence to a less serious one, or a longer prison sentence consisting of &eclusion )erpetua. E*i(i'i*it for "o,,)t$tio! of se!te!"e

Be must have severed at least one third 71(9 of the minimum of his indeterminate sentence or the following portions of his prison sentence consisting of &eclusion )erpetuaG •

t least ten 71A9 years if  convicted of &obbery with Bomicide. &obbery with &ape. %r Kidnapping with 'urder 

•

t

least

eight

7>9

years

convicted of imple 'urder, )arricide, &ape or violation of  anti-drug laws •

t least twelve 71+9 years if  given two or more sentences of  &eclusion )erpetua

•

t least twenty 7+A9 years in case of two 7+9 sentences of  &eclusion )erpetua provided that at least one 719 of the sentences

had

been

automatically commuted from a death sentence Re#rie+eD the postponement of the e6ecution of  a death sentence

10 A,!est :  an act of the sovereign power  granting oblivion or general pardon for a past offense usually granted in favor of certain classes of persons who have committed crimes of a  political character such as treason, sedition or  rebellion. P$ro*e :   a method by which prisoners who has served a portion of his sentences is conditionally released but remains in legal custody, the condition being in case of misbehavior, ha shall  be imprisoned

Jo%! A)()st)sD father of modern probation Teo&o*o N$ti+i&$&D  probation

father

of

)hilippines

A"t No. 500-D the first probation law enacted on < ugust 10 declared unconditional on 15  #ovember 1< by the landmark case )eople vs Hera < %.2 15/ P8 463D  otherwise known as )robation Law of  1<5

E*i(i'i*it for P$ro*e E. COMMUNITY

 prisoner shall be eligible for the grant of parole upon showing that is confined in 4ail or   prison to serve indeterminate prison sentences, the ma6imum period of which e6ceeds one 719 year, pursuant to final 4udgment of conviction and that he has served the minimum period of  said sentences less the good conduct time allowance earned.

RA -6@D the law that created the Katarungang )ambarangay 7 3arangay ?ustice ystem9 J)ris&i"tio! of t%e B$r$!($

19 offenses  punishable

Goo& Co!&)"t ti,e A**o7$!"e :   the statutory shortening of the ma6imum sentence of an inmate because of good behaviorG granted by the =irector of )risons

 by imprisonm ent

A**o7$!"e for (oo& "o!&)"t

not

e6ceeding

The good conduct of any prisoner of  any penal institution shall entitle him to the following deduction from the period of his sentenceG

one

719

year  +9 fine

not

e6ceeding $irst two years 0 days deduction

five

for each month 75A days, year9 rd

to

0th

thousand year

>

days

 pesos 7) 0,

deduction for each month 75 days, year9

AAA.AA9

5th  to 1Ath 1A days deduction for each month 71+A days, year9 11th year onwards 10 days for  each month 71>A days, year9

L)#o! : shall be composed of ten 71A9 to twenty members appointed by 3arangay Chairman. )$*ifi"$tio! of L)#o! ,e,'ers

Pro'$tio! a disposition under which defendant, after conviction and sentence, is released sub4ect to the condition imposed by the court and to the supervision of a probation officer, derived from the Latin word DprobareE which means Dto proveE

1. +.

any person actually residing or working in the barangay possessing integrity, impartially, independence of mind, sense of fairness and reputation of probity

15 . /.

has e6pressed his willingness to serve as member  not otherwise disqualified by the law

C$ses or &is#)tes t%$t $re !ot t%e s)'e"t ,$tter for $,i"$'*e sett*e,e!t ' t%e L)#o!

1. +.

.

/. 0.

where one party is the government or  any subdivision where one party is a public officer or  employees and the disputes relates to the performance of his official functions offences punishable by imprisonment e6ceeding one 719 year or fine e6ceeding )0,AAA.AA offences where is no private offended  party disputes involving parties actually reside in barangays of different cities or  municipalities, unless the parties thereto agree to submit their differences to amicable settlement by an appropriate Lupon

C$)se of A"tio!   : an act or omission of one  party in violation of the legal rights of the other  for which the latter suffers damage which affords a party to a right 4udicial intervention. Ar'itr$tio!  : the settlement of disputes by a  person chosen hear by both sides and to come to a decision