1

PHILIPPINE CRIMINAL JUSTICE

SYSTEM
CRIMINAL JUSTICE SYSTEM

The sum total of 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 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
1.
2.
3.
4.
5.

LAW ENFORCEMENT / POLICE

PROSECUTION
COURTS
CORRECTIONS
COMMUNITY

GOALS OF CRIMINAL JUSTICE SYSTEM

A. Primary Goals
1.
2.

protect members of society

maintenance of peace and
order

B. Secondary Goals
1. prevention of crimes
2. the review of legality of the
preventive and suppressive
measures
3. the judicial determination of
guilt or innocence of those
apprehend
4. the proper disposition of those
who have been legally found
guilty
5. the correction by socially
approved means of the behave
if those who violate the
criminal law

6.

the suppression of criminal

conduct by apprehending
offenders for whom prevention
is ineffective

A. LAW ENFORCEMENT / POLICE

As the first pillar in the criminal justice
system, the police is considered as the
initiator of actions. Its actions and decisions
essentially control or dominate the activities
or functions of the other components.
Brief History
The institution of police in the
Philippines formally started during the
Spanish Era. The establishment of the police
force was not entirely intended or crime
prevention or peacekeeping rather, it was
created as an extension of the colonial
military establishment.
Ancient Roots
The forerunner of the contemporary
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. Among the duties of
those selected were to protect the properties
of the people in the barangay and to protect
their (barangays) crops and livestock from
wild animals.
Spanish Period
Carabineros de Seguridad Publica
organized in 1712 for the purpose of
carrying the regulations of the Department
of State. This was armed and considered as
the mounted police. Years after, this kind of
police organization discharged the duties of
a port, harbor and river police.
Guardrilleros this was a body of rural
police organized in each town and
established by the Royal Decree of 18
January 1836. This decree provides that 5%
of the able0bodied male inhabitants of each
province were to be enlisted in this police
organization for three years.

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Guardia Civil this was created by a Royal
Decree issued by the Crown on 12 February
1852 to partially relieve the Spanish
Peninsular Troops of their work in policing
towns. It consisted a body of Filipino
policemen organized originally in each of
the provincial capitals of the central
provinces of Luzon under the Alcalde
Mayor.
American Period
The Americans established the United
States Philippines Commission headed by
Gen. Howard Taft as its first governorgeneral. On January 9, 1901, the
Metropolitan Police Force of Manila was
organized pursuant to Act No. 70 of the Taft
Commission. This has become the basis for
the celebration of the Anniversary of the
Manilas Finest every January 9th.

PD 765 otherwise known as the

Integration Act of 1975, dated 8 August
1975; established and constituted the
Integrated National Police (INP) composed
of the Philippine Constabulary (PC) as the
nucleus and the integrated local police
forces as components, under the Ministry of
National Defense
-- transferred the NAPOLCOM
from the Office of the President to the
ministry of National Defense
-- also transferred to the INP the
following powers and functions of the
NAPOLCOM: training of policemen,
establishment of the Police Integrated
Communications System, grant of police
subsidy and temporary disability benefits,
among others.
Post Martial Law Regime

ACT No. 175 entitled An Act Providing

for the Organization and Government of an
Insular Constabulary, passed on 18 July
1901.

Executive Order No. 1012 transferred to

the city and municipal government the
operational supervision and direction over
all INP units assigned within their locality.

Act No. 225 the act that renamed the

insular Constabulary into Philippine
Constabulary, passed on 3 October 1901.

Executive Order No. 1040 transferred the

administrative control and supervision of the
INP from Ministry of National Defense to
the National Police Commission.

Executive Order 389 ordered that the PC

be one of the four services of the Armed
Forces of the Philippines, dated 23
December 1940.
Post American Period
RA 4864 otherwise known as the Police
Professionalization Act of 1966, dated 8
September 1966 created the Police
Commission (POLCOM) as a supervisory
agency to oversee the training and
professionalization of the local police forces
under the office of the president. Later
POLCOM was renamed National police
Commission (NAPOLCOM).
-- under this Act, the City /
Municipal police forces and its personnel
were under the administrative and
operational control and supervision of the
Office of the President through the
NAPOLCOM.
Martial Law Regime

RA 6975 otherwise known as the

Department of the Interior and Local
Government Act of 1990, enacted on 13
December 1990
-- reorganized the DILG and
established the Philippine National Police,
Bureau of Fire Protection, Bureau of Jail
Management and the Philippine Public
Safety College.
RA 8551 otherwise known as the
Philippine National Police Reform and
Reorganization Act of 1998, enacted on
1998
-- amended certain provisions of
RA 6975.
Philippine National Police

Organized pursuant to RA 6975, as

amended by RA 8551
A law enforcement agency under
the operational control of the
Department of the Interior and

Article XVI Sec 6 of the 1987 Philippine

Constitution

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 a national police
commission. The authority of local
executives over the police units in their
jurisdiction shall be provided by law.
OBJECTIVES
ENFORCEMENTS / POLICE
1.

2.
3.
4.
5.

6.

Local
Government
and
administrative supervision of the
National Police Commission
It is an organization that is national
in scope and civilian in character
Headed by the Chief, PNP, with the
rank of Director General

OF

LAW

time prevention the detection

suppression and prevention of crimes
have traditionally been accepted as
some of the primary goals of the local
police forces. Some 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 VIP, bank and
funeral escorts and other similar duties
traffic regulation and motor accident
investigation the police are expected
to ensure road safety for both
pedestrians and motorist and assist in
cases of road accidents and emergencies

National Bureau of Investigation

a law enforcement agency

patterned after the Federal
Bureau of Investigation
under the Department of
Justice
headed by a Director

Act No. 181 created the Division of

Investigation (DI) of the Department of
Justice, dated November 1938
People responsible for the creation of the
NBI
1. President Manuel L. Quezon
2. Chief Justice Jose Abad Santos
3. Secretary Jose Yulo
RA 157 created the National Bureau of
Investigation, enacted on 19 June 1947
RA No 2678 recognize the NBI, dated
1960
B. PROSECUTION
The course of action or process
whereby
accusations
are
brought before a court of
justice to determine the
innocence or guilt of the
accused
In 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 judicial determination of the
guilt or innocence of the
accused
Duties of a Prosecutor:
1.
2.

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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3.

4.

5.

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 control;
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 officials; and
To investigate administrative cases filed
against the State Prosecutors including
the support staff of the National
Prosecution Services.

THE
NATIONAL
SERVICE (NPS)

PROSECUTION

The principal prosecutory arm of

the government
Its primary task is to investigate
and prosecute all criminal offenses
defined and penalized under the
Revised Penal Code and other
special laws.

Organizational Structure:
It is composed of the Office of the
Chief State Prosecution (Prosecution Staff),
the Regional State Prosecution Officers and
the Provincial and City Prosecution Office.
It is prosecution attorneys and special
counsels.
It is the Secretary of the
Department of Justice who exercise general
supervision and control over the prosecutors
throughout the country.
At the operational level, the Chief
State Prosecutor, as the head of
Prosecutorial Staff, is tasked with the
implementation of the provision of laws,
executive orders and rules and carries out
the policies, plans, programs and projects of
the Department relative to the investigation
and prosecution of criminal cases.
Additional
Prosecutor:

Responsibilities

of

Investigates, resolves, or recommends

disciplinary action on all administrative
cases filed against the state prosecutors,
provincial / city prosecutors, including
the support staff of the NPS;

Renders opinions on queries from

prosecutors regarding the violation of
the Revised Penal Code and other penal
laws and the proper legal interpretation
thereof;
Acts as the Vice Chairman of the Board of
Canvassers of the Commission on
Elections;
Acts 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.
Acts as Registrar of Deeds in the absence of
the Registrar of Deeds and the deputy;
and
Represents the Office of the SolicitorGeneral, and acts as deputized Special
Prosecutor of the Ombudsman and of
the Commission of Elections when so
deputized.
Preliminary Investigation
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 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
It is not a trial of the case on the
merits and has no purpose
except that of determining
whether a crime has been
committed and whether there
is a probable cause to believe
that the accused is guilty
thereof
It 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.
Probable Cause

1.

As basis in charging prosecuting

person with an offense:
Probable cause is the existence
of such facts and circumstances as
would excite 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.
2. As a ground for an arrest or
issuance of warrant of arrest:
Probable 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.

PROCEDURE OF
INVESTIGATION
a. conducted by
prosecutor:
1.

3. As protection against false

prosecution and arrest:
Probable cause is the
knowledge of facts, actual or apparent,
strong enough to justify 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
prosecution;
To secure the innocent from an open
and public accusation of trial, from
the trouble of expense and anxiety
of a public trial;
To protect the State from useless and
expensive trials.

OFFICERS AUTHORIZED TO
CONDUCT
PRELIMINARY
INVESTIGATION:

Provincial or City Prosecutors

and their assistants
Judges of the Municipal Trial
Courts and Municipal Circuit
Trial Courts
National and Regional State
Prosecutors

Other officers as may be

authorized by law:
Tanodbayans
special
prosecutors as authorized
by the Ombudsman
COMELECs authorized legal
officers in connection with
election offenses
Special prosecutors appointed
by the Secretary of Justice

2.

3.

4.

PRELIMINARY
the

investigating

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
prosecutors office.
The investigating prosecutor shall
either dismiss the case or issue a
subpoena to the respondent within
ten (10) days after filing of the
complaint.
The respondent shall submit his
counter-affidavit and that of his
witness within ten (10) days from
receipt of subpoena.
If 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.
The investigating prosecutor may set
a hearing if there are facts or issues to
be clarified. Both parties can be
present but they cannot examine or
cross-examine either party. They can
submit questions to be ask by the
investigating prosecutor. The hearing
shall be held within ten (10) days
from the submission of the counteraffidavit or from the expiration of the
period of submission. The hearing
shall be terminated with five (5)
days.

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5.

6.

7.

8.

Within ten (10) days 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.
If the investigating prosecutor finds
cause to hold the respondent for trial,
he shall prepare the resolution and
information. He shall forward the
record of the case to the provincial or
city prosecutor or chief state
prosecutor within five (5) days from
his resolution. If 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 ten (10) days from receipt and
shall immediately inform the parties
of such action. No 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.
If 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. If 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.
In case either party is not satisfied
with the findings of the provincial,
city, or chief state prosecutor, he may
submit his petition with the Secretary
of justice. The Secretary of Justice
has the power to modify the
resolution of the provincial, city, or
chief state prosecutor. The Secretary
of Justice may affirm or reverse the
resolution of the provincial, city, or
chief state prosecutor without
conducting
another
preliminary
investigation.

b. conducted by the investigating judge:

1.

2.

Within ten (10) days after the

preliminary
investigation,
the
investigating judge shall transmit the
resolution of the case to the
provincial, city, or chief state
prosecutor for appropriate action.
Within thirty (30) days from receipt
of the records of the case, the
provincial, city, or chief state
prosecutor shall review the resolution
of the investigating judge on the
existence of probable cause.

Inquest
-

an informal and summary

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

Inquest Officers
-

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 expedite inquest
proceedings.

C. COURT

a 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
an organ of the government,
belonging to the judicial
department, whose function is

the application of the laws to

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

2.

To determine by all
available
legal
means
whether a person is guilty
of a crime:
Review
of
all
evidence presented by the police
or private citizens to determine
its relevance and admissibility
according
to
established
guidelines of acceptability is the
responsibility of the courts. The
courts
also
examine
the
circumstances that surround the
crime as it relates to the issues it
must adjudicate

Two-Fold Role of the Court

1.

2.

As a participant, the court must decide

the culpability or innocence of the
accused after its trial on 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 eh other hand, if the
prosecution fails to show the guilt of the
accused for insufficiency of evidence,
he would be exonerated 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.
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 can not live as human
beings. The main function of the court
is to promote justice in order to obtain
peace, satisfaction and happiness of the
citizenry. Corollary to this, the judge
should exhibit impartiality in his
decision to the contentment of all
litigants.

3.

To dispose properly of
those convicted of crimes:
The courts have the
responsibility to examine the
background of the accused and
the circumstances of a crime.
From this information and
according to existing applicable
laws, the court considers possible
sentencing alternatives and then
selects the most proper form of
disposition for the convicted
offender.
4.

To protect society:
After 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.

Functions of the Court

To protect the rights of the
accused:
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. Similarly, the
courts are given the authority and
responsibility to review the
actions of other agencies of
criminal justice to ensure that
their actions do not violate the
rights of the convicted offender.

5.

To prevent and reduce

criminal behavior:
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
example and a deterrent to other
who would commit criminal acts
or threaten public safety.

1.

Judiciary

That branch of the government

which is vested with judicial power

That branch of the government

which is empowered to interpret,
construe and apply the law.

Judicial Power
The power to apply the laws to contest
or disputes concerning legally
recognized rights or duties of and
between the state and the private
persons or in between individual
litigants in cases properly brought
before the judicial tribunals.
The authority to settle justifiable
controversies or disputes involving
rights that are enforceable and
demandable before the courts of
justice.
Scope of Judicial Power
1.

2.

3.

Adjudicatory powers
a. to settle actual controversies
involving rights which are
legally
demandable
and
enforceable; and
b. to determine whether there has
been abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
branch of the government.
Power of judicial review
a. to pass upon the validity or
constitutionality of the laws of
the State and the acts of the
other departments of the
government
b. to interpret them; and
c. to render binding judgment
Incidental powers
- Includes
the
incidental
powers necessary to the
effective discharge of the
judicial functions such as the
power to punish a person
adjudged in contempt.

JUDGE a public officer so named in his

commission and appointed to preside over
and to administer the law in a court of
justice.
RA 129 otherwise known as the Judiciary
Reorganization Act of 1989

JURISDICTION the power and authority

of a court to hear, try and decide cases.
ORGANIZATION AND JURISDICTION
OF THE COURTS
Regular Courts
a. Supreme Court
Composed of a Chief Justice and
fourteen (14) Associate Justices
may sit either en banc or t its
discretion, in division of three (3),
five (5) or seven (7) members
shall
have
administrative
supervision over all courts and their
personnel
shall have the power to discipline
judges of lower courts
shall have appellate jurisdiction
over cases decided by the CA
shall have the power of automatic
review of cases sentenced with
death penalty
shall have the power of judicial
review
shall have the power to issue writs
b. Court of Appeals
Composed of 69 Justices, headed
by a Presiding Justice
Operates in 23 divisions, each
comprising three (3) members
Sits en banc only to exercise
administrative, ceremonial or other
non-adjudicatory functions
Has appellate jurisdiction over
cases decided by the RTC
Has the power to order a new trial
c.

Regional Trial Court

presided by seven hundred twenty
(720) Regional Judges in each of
the regions of the country
has general jurisdiction over
criminal cases
has jurisdiction over:
1. offenses punishable with
imprisonment exceeding six
years and one day or a fine
exceeding P4,000.00, or
both
2. issuance of writs

Commissioner of the Bureau

of Internal Revenue involving
internal revenue taxes and
decision of the Commission of
the Bureau of Customs
involving customs duties

has appellate jurisdiction over cases

decided by the Metropolitan Trial
Court, Municipal Trial Court and
Municipal Circuit Trial Court

d. Metropolitan Trial Court

One in each metropolitan city or
municipality
Has jurisdiction over:
1. violations
of
city
or
municipal ordinances
2. Offense punishable with
imprisonment not exceeding
six years or a fine of not
more than P4,000.00 or both.
e. Municipal Trial Court
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 jurisdiction over:
violations of city or municipal
ordinances
Offense punishable with imprisonment
not exceeding six years or a fine of
not more than P4,000.00 or both.

b) Sandiganbayan

c)

One in each area defined as a municipal

circuit comprising one more cities
and/or one or more municipalities
grouped together according to law
Has jurisdiction over:
violations of city or municipal
ordinances
offenses punishable with
imprisonment not exceeding
six years or a fine of not than
P400,00.or both

Sharia Court

f) Municipal Circuit Trial Court

a) Court of Tax Appeals

Created under Republic Act

No. 1125
Composed of three judges,
headed by a Presiding Judge
Has exclusive appellate
jurisdiction to review on
appeal decision of the

Created pursuant to PD 1083,

otherwise known as the Code
of Muslim Personal Laws of
the Philippines.
Created as part of the judicial
system
Courts of limited jurisdiction
known as the Sharia District
Court are presided District
Judge
Sharia circuit trial courts are
presided by circuits judge

d) Quasi- judicial agencies

Special Courts

Created pursuant to PD 1606

Composed of fifteen (15)
Justice, headed by Presiding
Judge
Operates in five (5) divisions
each comprising three (3)
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

e)

Administrative bodies under

the executive branch
performing quasi-judicial
function, such as the National
Labor Relation Commission,
the Employees Compensation
Commission the Securities and
Exchange Commission.
COMELEC and others.

Court Martial

Agency of executive character

with the President as

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Commanded-in- Chief of the
Armed Forces of the
Philippines

prepared by the judge and

subscribed by him
Shall contain clearly and
distinctly a statement of the facts
and the laws upon which it is
based.

KINDS OF JURISDICTION OF COURT

1.

General- when it is empowered to

decide all disputes which may come
before except those assigned to other
courts (e.g jurisdiction of the RTC)
Limited- when it has authority to
hear and determine only a few
specified cases (e.g jurisdiction of
special courts)
Original- when it can try and hear a
case presented for the first time
Appellate- when it can try a case
already heard and decide by a lower
court, removed from the latter by
appeal
Exclusive- when it can try and
decide a case which cannot be
presented before any other court
Concurrent- when any of two courts
may take cognizance of a case
Criminal- that which exists for the
punishment of crime
Civil- that which exists when the
subject matter is not criminal in
nature (e.g annulment, adoption,
child custody)

2.

3.
4.

5.
6.
7.
8.

DECISION- the judgment rendered by a court

of justice or other competent tribunals.
PERIOD OF RENDERING DECISION
1.
2.
3.

Supreme Court- within twenty-four

(24) months
Court of Appeals- and other
collegiate appellate courts within
(12) months
Inferior Courts- within three (3)
unless reduced by the Supreme
Court

JUDGEMENT

The adjudication by the court that

the accused is guilty of the
offense charged and the
imposition of the proper penalty
and civil liability, if any
It must be written in the official
language, personally and directly

CONTENTS OF JUDGEMENT
a) judgment of conviction:

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

b) judgment of acquittal:

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 JUDMENT

By reading in the presence of

the accused and any judge of the
court in which it was rendered.
If the judge is absent the
judgment maybe promulgated
by the clerk of court.
D. CORRECTION

That branch of administration

of criminal justice 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

Penology- a branch of criminology which deals

with management and administration of inmates.
Penalty- the suffering that is inflicted by the
State for the transgression of the law

3.
4.

5.
Prisons

Theories Justifying Penalty

1.

Prevention- the State punishes

the criminal to prevent or
suppress the danger to the State
and to the public arising from
the criminal acts of the offender
Self-defense- the State
punishes the criminal as a
measure or self-defense so as to
protect society from the threat
and wrong inflicted by the
criminal
Reformation- it is duty of the
State to take care of and reform
the criminal
Exemplarity- the criminal
punished to serve as an
example to discourage others
from committing crimes.
Justice- based on the theory
that crime must be punished by
the State as a fact of retributive
justice. A vindication of
absolute right and moral law
violated by the criminal.

2.

3.
4.

5.

Juridical Conditions of Penalty

1.

2.

judicial and legal- it must be

imposed by virtue of a
judgment as prescribed by
law
definite- it must be specific

commensurate-it must be
proportional to the gravity of
the crime
personal- it must be imposed
to the person who actually
committed the crime with no
substitutes
equal- it must apply to all
offenders

institutions for confinement

of convicted offenders
sentenced to more than three
(3) years of imprisonment
derived from the GrecoRoman word presidio
administered by the national
government under the Bureau
of Corrections
Also called national prisons
and also includes penal
colonies and farm.

Prison law- basic law in the Philippines if

Prisons System found in the Revised
Administrative Code
Philippine Prison System- patterned after the
US Federal Prison System
PENAL INSTITUTION
1) New Bilibid Prison
Located Muntinlupa, Metro Manila
Constructed in 1963
Approximate 552 hectares
Has two satellite units
i.
Camp Sampaguita
medium security
ii.
Bukang Liwayway
Camp-medium
security
The youth Rehabilitation Center
and the Reception and Diagnostic
Center is located at Camp
Sampaguita
Within its compound is where the
Bureau of Corrective Central
Office is located
Has three security camps:

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i.

ii.

iii.

maximum security
compound
offenders whose
maximum
sentence is
twenty (20) years
sentence is under
review of the
Supreme Court
recidivist,
escapees and
under
disciplinary
punishment
medium security
compound
offenders whose
minimum
sentence is
below (20) years
first time
offenders
originality
classified under
maximum
security who
have served
five(5) years of
good conduct
minimum security
compound
an open camp
with less
restriction
offenders who
are sixty five(65)
years old and
above
offenders who
are medically
certified as
invalid and
physically
disabled
offenders whose
remaining period
in their sentence
is at least six
months

2) Correctional Institution for Women

Located in Mandaluyong City

The only prison facility for

national female convicted
prisoners
Established in 1931 pursuant to
Act No. 3579
Measures 18 hectares

3) Iwahig Prison and Penal Farm

Located in Iwahig,Puerto
Princesa City. Palawan
Established on 16 November
1904 pursuant to
Reorganization Act 1407
Measures 36,000 hectares
Divided into four (4) subcolonies
i.
Sta.lucia
ii.
Inagawan
iii.
Montible
iv.
Central
It administers the Tagumpay
Settlement
4) San Ramon Prison and Penal Farm
Located in Zamboanga del Sur
Established in 1870 by Capt.
Ramon Blanco, of the Spanish
Royal Army, and was named
after Capt. Blancos fathers
patron saint
Established for political
prisoners
Measures more than 1,500
hectares
Has three of security:
minimum, medium and
maximum
5) Daval Penal Colony
Located in Tagum, Davao del
Norte
Established on 21 January
1932 pursuant to Act No. 3732
Measures 18 hectares
Has two sub-colonies
i.
Panbo
ii.
Kapalong

Has only two levels of

security: minimum, and
medium
Operates Tanglaw settlement
for released prisoners as
homesleaders

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6) Sablayan Penal Colony and Farm

Located in Sablayan, San
Jose. Occendental Mindoro
Established on 27 September
1954 pursuant to
Proclamation No.72
Has four (4) sub- colonies
i.
Cental
ii.
Pasugul
iii.
Pusog
iv.
Yapang
7) Leyte Regional Prison
Located in Abuyog, Leyte
Established on 16 January
1973
Has three levels of security:
minimum, medium and
maximum
Has receiving and processing
station
Jails

Institution for confinement of

convicted offenders sentenced to
imprisonment of three (3) years or less
and offenders awaiting and/or
undergoing trial
Derived from the Spanish words
jaulo and caula and French word
gaol
Province jails are administered and
supervised by their respective
provincial government
City and municipal jails are
administered and supervised by the
Bureau of Jail of Management and
Penology

Types of Jails
1.

2.

lock-up- security facility for the

temporary detention of persons
held for investigating or waiting
preliminary hearing, usually the
period of detention does not
exceed forty eight (48) hours
Ordinary-jail- institutions for
confinement of convicted
offenders sentenced to
imprisonment of three (3) years or

3.

less and offenders awaiting and or

undergoing that.
workhouse jail- faiths or camps

PD 29- the law that classified prisoners

Classification of Prisoners
a.) According to status
1) Detention prisoners- those held for
security reasons; held for investigation; those
awaiting final judgment; those awaiting trial
2) Sentenced prisoners- those convicted by
final judgment
b.) According to PD 29:
1) Insular or national prisoners- those
whose sentence is three years and one
day to death or whose fine is more
than six thousand (P6, 000.00) or
both.
2) City/provincial prisoner- those
whose sentence is less than three (3)
years but over six (6) months or
whose fine is less than six thousand
pesos (P6,00.00) but more than two
hundred pesos (P200.00), or both.
3) Municipal prisoner- those whose
sentence is not more than six months
or whose fine is not more than two
hundred pesos (P200.00), or both
c.) according to sentence / four main classes of
prisoners
1.) insular / national prisoner one who
is sentenced to serve a prison term of
three years and one day to death
2.) provincial prisoner one who is
sentenced to serve a prison term of six
months and one day to three years
3.) city prisoner one who is sentenced to
serve a prison term of one day to three
years
4.) municipal prison one who is
sentenced to serve a prison term of one
day to six months
NON-INSTITUTIONAL CORRECTIONS

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Executive Clemency- collective term for
absolute pardon, conditional pardon and
commutation of sentence.
Pardon an act of grace proceeding from the
power entrusted with the execution of the laws
which exempts the individual on whom is to
bestowed from the punishment the law inflicts
for a crime he has committed: pardoning power
is exercised by the President.

Kinds of Pardon
1) Absolute pardon- the extinction of the
criminal liability of the individual to
whom it is granted without any condition/
and restores to the individual his civil
rights.
2) Conditional pardon- - the extinction 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.
Effects of Pardon
1) It removes penalties and disabilities and
restores full civil and political rights;
2) It does not discharge the civil liability of
the convict to the individual he has
wronged, as the President has no power to
pardon a private wrong;
3) It does not restore officers, property or
rights vested in other in consequence of
the conviction. Under 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 expressly
restored by the pardon.
4) In 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
Elections.
Eligibility for Conditional Pardon
He must have served at least one half
(1/2) of the minimum of his indeterminate
sentence or the following portions of his prisons
sentence:

At least two (2) years of

minimum
sentence
of
convicted of Murders or

Parricide but not sentenced to

Reclusion Perpetua
At least one (1) year of
minimum sentence if convicted
of Homicide
At least nine (9) months if
convicted
of
Frustrated
Homicide
At least six (6) months if
convicted
of
Attempted
Homicide

Commutation of sentence- an executive

clemency changing a heavier sentence to a less
serious one, or a longer prison sentence
consisting of Reclusion Perpetua.
Eligibility for commutation of sentence
He must have severed at least one third
(1/3) of the minimum of his indeterminate
sentence or the following portions of his prison
sentence consisting of Reclusion Perpetua:

At least ten (10) years if

convicted of Robbery with
Homicide. Robbery with Rape.
Or Kidnapping with Murder

At

least

eight

(8)

years

convicted of Simple Murder,

Parricide, Rape or violation of
anti-drug laws

At least twelve (12) years if

given two or more sentences of
Reclusion Perpetua

At least twenty (20) years in

case of two (2) sentences of
Reclusion Perpetua provided
that at least one (1) of the
sentences

had

been

automatically commuted from

a death sentence
Reprieve- the postponement of the execution of
a death sentence

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Amnesty 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.
Parole 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

John Augustus- father of modern probation

Teodolo Natividadprobation

father

of

Philippines

Act No. 4221- the first probation law enacted on

7 August 1935 declared unconditional on 16
November 1937 by the landmark case People vs
Vera 37 O.G 164
PD 968- otherwise known as Probation Law of
1976

Eligibility for Parole

E. COMMUNITY
A prisoner shall be eligible for the grant
of parole upon showing that is confined in jail or
prison to serve indeterminate prison sentences,
the maximum period of which exceeds one (1)
year, pursuant to final judgment of conviction
and that he has served the minimum period of
said sentences less the good conduct time
allowance earned.

RA 7160- the law that created the Katarungang

Pambarangay ( Barangay Justice System)
Jurisdiction of the Barangay
1) offenses
punishable

Good Conduct time Allowance the statutory

shortening of the maximum sentence of an
inmate because of good behavior: granted by the
Director of Prisons

by
imprisonm
ent

Allowance for good conduct

not

exceeding

The good conduct of any prisoner of

any penal institution shall entitle him to the
following deduction from the period of his
sentence:

one

(1)

year
2) fine

not

exceeding
First two years= 5 days deduction

five

for each month (60 days, year)

rd

to

th

thousand
year=

days

pesos (P 5,

deduction for each month (96 days, year)

th

000.00)

th

6 to 10 = 10 days deduction
for each month (120 days, year)
11th year onwards= 15 days for
each month (180 days, year)

Lupon shall be composed of ten (10) to twenty

members appointed by Barangay Chairman.
Qualification of Lupon members

Probation a disposition under which defendant,

after conviction and sentence, is released subject
to the condition imposed by the court and to the
supervision of a probation officer, derived from
the
Latin word probare which means to prove

1.
2.

any person actually residing or working

in the barangay
possessing
integrity,
impartially,
independence of mind, sense of fairness
and reputation of probity

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3.
4.

has expressed his willingness to serve

as member
not otherwise disqualified by the law

Cases or disputes that are not the subject

matter for amicable settlement by the Lupon
1.
2.
3.
4.
5.

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
exceeding one (1) year or fine
exceeding P5,000.00
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

Cause of Action 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 judicial intervention.
Arbitration the settlement of disputes by a
person chosen hear by both sides and to come to
a decision