1. 1. Philip B.

Magtaan, RCr, MSC, CSP Instructor

2. 2. Justice is rendering what is due him. It is also refers to the peace, order
and well-being of the society that are threatened or disrupted when a crime
is committed. Law is a rule of just conduct, and made obligatory by
legitimate authority for the general welfare and benefit of the people. A law
must be just or equal wherein no one is above the law and it applies to
everyone. In any law, punishment is always attached, to give a deterrent or
controlling effect unto the other’s behavior. Laws and punishment must not
be feared but rather it should only be followed for everybody’s equal
opportunity of protection. Those who are afraid of the law are only those
would be violators of law, for they know that they will be punished and
suffer curtailment of one’s freedom as a consequence of violating the law.
3. 3. 1. Substantive law – law that creates the right and obligations of
persons; defines their status; governs their relations; and confers power
upon them. 2. Adjective law – it is part of the law that governs the
prosecution and defense of action involving the enforcement of rights and
obligation. 3. Public law – deals principally with the powers, rights and
obligations of the state. 4. Private law – deals with the individuals his rights
and transactions, and his affairs. 5. International law – governing relation
between state and sovereign entities or between states and international
organization of state. 6. Municipal law – the entire body of law enacted by
jurisdiction and applied in that jurisdiction.
4. 4. • Justice – it refers to the peace, order and well-being of the society that
are threatened or disrupted when a crime is committed. • Criminal Justice
– it is part of justice that concerns itself with giving the state, the victim of
the crime as well as the victim, the dessert consequent upon the
commission of the crime. • Criminal Justice System - it consist of the
institution, offices, officers and procedures for the enforcement of public
order, particularly for dealing with infractions or violation of laws. • Offender
– it is the principal character in the criminal justice system. •
Victim/Offended Party – they are the neglected or forgotten man in the
criminal justice system.
5. 5. SOCIAL GOALS AND IDEALS ENACTED INTO LAW ENFORCEMENT
VIOLATION OF LAW TRIAL CORRECTIONA L SYSTEM COMMUNITY
6. 6. Crime • “An act or omission punishable by law” (RPC, Phils) • “An act or
omission prohibited by law for the protection of the public, the violation of
which is prosecuted by the state in its own name and punishable by
incarceration.” (Model Penal Code, US) Elements of Crime 1. An act (actus
reus) 2. An unlawful act 3. An intent (mens rea) 4. Attendant
circumstances 5. Concurrence of act and intent 6. Causation
7. 7. • An effective alternative to the administration of Criminal Justice. •
Crime is, primarily, an offense against human relationships and,
secondarily, against the state. Principle of 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 response to its solution if they wish. 3. Government’s
role is to preserve a just public order, and the community’s role is to build
and maintain a just peace.
8. 8. 1. Philippine Constitution of 1987 a. Congress/Senate – pass laws
(bicameral legislature) b. Executive – enforce laws c. Judiciary – interpret
the laws 2. Revised Penal Code (Act 3815 as amended) 3. Rules of Court
***Principle of “Nullum crimen, nulla poena sine lege” – if there is no crime,
there is no law punishing it.
9. 9. 1. Primary Goals a. Maintenance of peace and order. b. Protection of
member of the society. 2. Secondary Goals a. Prevention of crime. b.
Review legality of preventive and suppressive measures. c. Judicial
determination of guilt or innocence of those apprehended. d. Proper
disposition of those who have been found guilty. e. The correction of
socially approved means of the behavior of those who violate criminal law.
f. Suppression of criminal conduct by apprehending offenders for whom
prevention is ineffective.
10. 10. POLICE/LE PROSECUTI ON COURT CORRECTI ON
COMMUNIT Y
11. 11. • The prime mover of the system. • Component of the CJS which
is vulnerable to corruption. The term POLICE It is derived from the word
POLITIA, meaning condition of the state, government and administration.
POLITIA originated from the Greek word “Politea” which means
government, citizenship, or the entire activity of a POLIS, a city. But in
restricted sense, it refers to that body of armed men which as an institution
is capable of exercising its duties by armed physical forces in the
preservation of peace and order, detection and investigation of crimes, and
enforcement of laws.
12. 12. The PNP is the primary law enforcement agency of the country,
which is national in scope and civilian in character. It was activated on
January 29, 1991 under Section 23, Chapter III, of RA 6975, entitled, "An
Act Establishing the Philippine National Police Under a Reorganized
Department of the Interior and Local Government,". It was constituted from
the full merger of the former PC and the INP with Police Director General
CESAR NAZARENO as the First Chief, PNP.
13. 13. • Section 4, Article 2 of the 1987 Constitution provides that, "... it
is the policy of the State to promote peace and order, ensure public safety
and further strengthen local government capability aimed towards the
effective delivery of basic services for the citizenry through the
establishment of a highly and competent police force that is national in
scope and civilian in character". • Section 23, Chapter III, of Republic Act
No. 6975, "An Act Establishing the Philippine National Police Under a
 Reorganized Department of the Interior and Local Government", or
otherwise known as, "The PNP Law".
14. 14. Statutory Power of the Police: • To enforce laws and ordinances
relative to the protection of lives and properties; • To maintain peace and
order and take all necessary steps to ensure public safety; • To investigate
and prevent crime , effect the arrest of criminal offenders, bring offenders
to justice and assist in their prosecution; • To detain arrested person/s for a
period not beyond what is prescribed by law, informing the persons so
detained of all rights under the constitution; and • To exercise the general
powers to make arrest, search and seizure and enforce pertinent laws.
15. 15. Licensing, Supervisory and Control and Training: • To issue
licenses for the possession of firearms and explosives in accordance with
law; • To 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 profession; • To train
students taking up their baccalaureate, vocational or technical courses in
undergoing Law Enforcement Service Program in compliance to the
National Service Law.
16. 16. Deputized Statutory Power of the Police to perform such other
duties and exercise all other functions as maybe provided by law such as: •
To enforce election laws during the conduct of election; • To enforce laws
on agriculture, environment and natural resources; • To enforce laws on
land transportation; and, • To enforce other laws under the jurisdiction of
various departments and/or offices of the government where the PNP is
deputized under the principle of intra-coordination between and among
offices/ departments of the government.
17. 17. • Republic Act No. 4864 – police act of 1966. This law gives birth
to NAPOLCOM. • Presidential Decree 765 –Philippine
Constabulary/Integrated National Police (PC/INP) Law. • Presidential
Decree 1184 – police professionalization law of 1977 and gives birth to
Philippine National Police Academy. • Republic Act No. 6975 –an act
establishing the PNP under the reorganized Department of Interior and
Local Government and for other purposes. • Republic Act No. 8551 – PNP
reform and reorganization act of 1998. Republic Act No. 9708 – an act
extending for five (5) years the reglementary period for complying with the
minimum educational qualification for appointment to the Philippine
National Police (PNP) and adjusting the promotion system thereof,
amending for the purpose pertinent provisions of republic act no. 6975 and
republic act no. 8551 and for other purposes.
18. 18. • Exercise administrative and operational supervision. • Advice
the president on all matters involving police function and administration. •
Render the president and congress an annual report. • Perform other
function as president may direct.
19. 19. • It has jurisdiction to hear and decide citizen’s complaint or
cases filed before it against officers of the Philippine National Police. • It
composed of the following: 1. Member of sanguniang bayan/lungsod
chosen by their sangunian 2. Barangay captain (ABC president) 3.
Member of peace and order council from the respected community known
for their integrity.
20. 20. • It is a warning given to a person who is a suspected in a crime
and is under custodial investigation. It includes: • Right to remain silent. •
Right to counsel, preferably his own choice. • Right to be informed by such
rights and accusation against him. • These rights are required to be recited
by a police officer except such information will imperil the arrest.
21. 21. • National Bureau of Investigation (created by Commonwealth
Act 181 and reorganized by Republic Act 157 ) • Philippine Drug
Enforcement Agency (PDEA) – RA 9165 • Optical Media Board (OMB) -
Republic Act 9239 • Bureau of Customs (BOC) • Bureau of Immigration
(BI) • Bureau of Internal Revenue (BIR) • Bureau of Quarantine • Bureau of
Food and Drugs (BFAD) • Commission on Human Rights (CHR)
22. 22. • Maritime Industry Authority (MARINA) • Philippine Coast Guard
(PCG) - Republic Act No. 9993 • Movie and Television Review and
Classification Board (MTRCB) • Intellectual Property Office (IPO) -
Republic Act No. 8239 • Department of Environment and Natural
Resources (DENR) • Bangko Sentral ng Pilipinas (BSP) • Land
Transportation Office (LTO) – RA 4136
23. 23. Differentiate the following: • Confession and Admission • Crime
Prevention and Crime Control • Motive and Intent • PNP and AFP
24. 24. Terminologies • Prosecution – is the process or method whereby
accusations are brought before the court of justice to determine the guilt or
innocence of the accused. • Prosecutor – it refers to the person who is a
quasi-judicial officer who assures full discretion and control over a criminal
case in the administration of justice and represents the government or the
people of the Philippines in a criminal proceeding in the court of law. •
Preliminary investigation – it is the inquiry or proceedings for the purpose
of determining whether there is sufficient ground that the crime is
committed and probably guilty thereof and should be held for trial.
25. 25. • Probable cause - it is the existence of such facts and
circumstances as would exile the belief that the person charged is guilty
thereof. • Inquest – it is an informal and summary investigation conducted
by a public prosecutor in criminal cases when the suspect was arrested
without warrant in order to continue the detention of the suspect beyond
what is prescribed by law. • Ombudsman – a conditionally independent
office that has disciplinary and prosecutorial functions and exercise
jurisdiction over administrative cases filed against government officers or
employees and can impose administrative penalties. (RA 6770)
26. 26. 1. Adversarial/accusatorial system – the victim or his
representative has the primary responsibility for finding and presenting
evidences to the court. The accused is presumed guilty until proven
innocence. 2. Inquisitorial – the judge searches the facts, listens to witness
to be taken, and investigate to prove the guilt or innocence of the accused.
The accused is presumed innocence until proven guilty. 3. Mixed system –
adopts both accusatorial and inquisitorial, where the victim or his
representatives provides the fats, evidences and testimony of witness to
prove the guilt of the accused. The accused is presumed innocent and also
provides facts, evidences and testimony of his witness to disprove the
accusation of the complainant. The judge will investigate and determine
the guilt of the accused beyond reasonable doubt and its moral certainty.
27. 27. A prosecutor is one whose principal task is to charge violators of
the law with the offenses that they may have committed, to conduct
preliminary investigation, to file the necessary information before the court,
and to represent the People of the Philippines. Prosecutors are part of the
Executive Branch of government and as a general rule belong to the
Department of Justice. However, the Ombudsman also prosecutes
offenses committed by public officer or employees.
28. 28. 1. conduct preliminary investigation 2. make proper
recommendation during the inquest 3. represent the government in the
absence of private counsel/prosecutor under his supervision and control 4.
acts as a law officer, adviser of political instrumentality’s and their officials
5. investigate administrative cases
29. 29. 1. Finds cause to hold the respondent for trial, and he shall
prepare the resolution and corresponding information. 2. Certify under
oath, shown by the record, an authorized officer, personally examine the
complainant and his witnesses that the accused is guilty thereof. 3.
Informed by the complaint and of the evidence submitted against the
accused. 4. Given an opportunity to submit controverting evidence. 5. If
there is no probable cause, recommend the dismissal of the complaint. 6.
Forward the record of the case including the resolution to the provincial of
city fiscal of chief state prosecutor within 5 days.
30. 30. 1. It is similar with the police to determine the course of action
and the proper recommendation relative to the case assigned to him. 2.
File the case in court on the merits. 3. Dismiss the case of insufficiency of
evidence. 4. Enter into agreement with the defense counsel. 5.
Recommend reduced charges and bail in favor of the accused.
31. 31. 1. File criminal case against the accused. 2. File administrative
case against the prosecutor. 3. Hold the prosecutor criminally liable. 4. File
accused for mandamus to compel the fiscal to file information. 5. File
motion for reconsideration. 6. Appeal to DOJ.
32. 32. Differentiate the following: • Evidence and Proof • Complaint and
Information • Civil Case and Criminal Case • Adultery and Concubinage •
Prescription of Crime and Prescription of Penalty
33. 33. Terminologies • Court – is the governmental body officially
assembled under the authority of law at the appropriate time and place for
the administration of justice through which the state enforce its sovereign
rights and powers. • Judge – a public officer so named in his written
evidence of appointment (commission) assigned to preside over and to
administer the law in a court of justice. • Arraignment – it is the reading of
the criminal complaint or information to the defendant, by the judge or clerk
of court and delivering to him of the copy thereof, including the list of
witnesses and asking him whether he pleads guilty or not. • Promulgation –
the clerk of court reads the decision of the judge after hearing of the case.
34. 34. • Bench – it refers to the courts in general. • Bar – it refers to
persons authorized to practice the legal profession (lawyers admitted to
the roll of attorneys of the Supreme Court). • Venue – it is the site and
location where the case is to be tried on the merits. • Trial – it is the period
for the introduction of evidence by both parties. • Certiorari – it is a writ
issued from a superior court requiring a lower court or a board, or officer
exercising judicial functions to transmit the records of a case to the
superior court for the purpose of review. • Mandamus – an order issued by
superior court commanding a lower court or a corporation, board or person
to perform a certain act which it is or his duty to do so.
35. 35. Trial by Order – it is an ancient procedure whereby an appeal
was made to God to make manifestation of the guilt or innocence of
accused. This was considered as “Judicium” which means the judgment by
God. Trial by Ordeal – it is a system of determining guilt and innocence
based on painful test of skills. This method of administration of justice was
abolished in 1215. In the Philippines, during the pre-Spanish period almost
the same concept was being adopted based from the early law of the
Philippines. During the Spanish era, there where laws being followed by
the people but no due process of law was used to establish the guilt or
innocence of the person. Only the determination of punishment to be
imposed upon the person who believed to have violated the law. During
the early years of Spanish regime, the highest court was Royal Audencia
that decides criminal and civil charges but its decision were appealable to
the Supreme Court of Spain in Madrid.
36. 36. When Manila fell to the American occupational forces in 1898,
General Wesley Meritt established a military government and organized
provost/military courts that tried and decide all cases. But on May 29, 1899
Gen. Meritt issued General Order No. 20 which re-established the
audencia. The said order named six Filipino members of the Court and
Cayetano Arellano was appointed as the first Filipino Chief Justice. June
 11, 1901 marks the birth of Supreme Court by the virtue of Act 136
(Judiciary Law). Other courts such as Court of First Instance (Regional
Trial Court), Justice of the Peace Courts and other court were
subsequently established. On August 8, 1901, the new Supreme Court
promulgated its first decision.
37. 37. Judicial Power – it is the power to apply the laws to contest or
disputes concerning legally recognized rights and duties between the
states and private persons, or between individual litigants in cases properly
brought before the judicial tribunals. a. To pass upon the validity or
constitutionality of the laws of the state and the acts of other branches and
department of the government. b. To interpret and construe the law. c. To
render authoritative judgment. d. To punish person adjudge in contempt
and issue warrants of arrest after due process has been observed.
38. 38. Jurisdiction – it is the authority to hear and determine a cause. It
can be over the offense (i.e. determined by law) as well as over the
accused (i.e. by means of arrest or surrender of the accused). 1. General –
when it is empowered to decide all disputes which may come before it
except those assigned to other courts. 2. Limited – when it has authority to
hear and determine only a specific case. (special court) 3. Original – when
it can try and decide a case presented for the first time. 4. Appellate –
when it can take a case already heard and
39. 39. 5. Exclusive – when it can try and decide a case which cannot
be presented before any court. 6. Concurrent – when anyone of two or
more courts may take cognizance of a case. 7. Criminal – that which exists
for the punishment of crime. 8. Civil – that which exists when the subject
matter is not a criminal nature. Criminal Procedure – it is the method
pointed out by law for the apprehension, trial or prosecution and fixing a
punishment of the person who have violated or accused to have broken or
violated the law, prescribe for the coagulation of the conduct of the people
of the community and who have thereby laid themselves liable to fine or
one
40. 40. 1. Keeping peace – it is the primary functions of any courts by
giving justice. 2. Deciding controversies 3. Administrative role. 4. Decide
the culpability or innocence of the accused. 5. Protector of human rights –
promote justice in order to obtain peace satisfaction and happiness of our
citizenry and judges should exhibit impartiality in his decision to the
contentment of all his litigants.
41. 41. A. Regular Courts – the Philippine Judicial System consists of a
hierarchy of courts resembling a pyramid under the Reorganization Act of
1980. 1. First Level Court/Inferior court – a court which have jurisdiction
over cases where the penalty that may be imposed does not exceed six
years imprisonment. It is classified as: a. Municipal Trial Court – a trial
court in municipality and the judge covers one municipality. b. Metropolitan
 Trial Court – a trial court in metropolitan areas or chartered cities. c.
Municipal Trial Court for Cities – a trial court in a city. d. Municipal Circuit
Trial Court – a trial court in municipality and the judge covers two or more
municipalities.
42. 42. 2. Court of General Jurisdiction/Regional Trial Court – it refers to
a court which have jurisdiction over offenses punishable by more than six
years imprisonment to reclusion perpetua or life imprisonment. 3. Court of
Appeals – a collegiate appellate court that reviews judgments from inferior
courts and court of general jurisdiction. It is composed of a one presiding
judge and sixty-eight associate justices who shall be appointed by the
president of the Philippines. It operates in seventeen divisions, each
comprising three members. It only sits in en banc to exercise ceremonial,
administrative or other non- adjudicatory functions. It was established
under Batas Pambansa Bilang 129 known as “The Judiciary
Reorganization Act of 1980”. 4. Supreme Court – it is the court of final
appeal that affirms, modifies, affirms or reverses judgments of lower court.
It is composed of chief justice and fourteen associate justices 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 and it shall be appointed by
the president. Likewise, Supreme Court has the power to discipline judges
of lower courts or order their dismissal by the vote of majority.
43. 43. 1. Sandiganbayan – a collegiate court that sit both as a trial court
or as an appeal court when the accused is a government employee
classified as Salary Grade 27 or above and is charged with a crime in
connection with his office. This special court was established under
Presidential Decree 1606 and its rank is equivalent to Court of Appeals. It
sits in five divisions of three justices each. Those divisions may sit at the
same time. The first three divisions stationed in Metro Manila (Luzon), the
fourth division in Cebu City (Visayas) and the fifth division shall be in
Cagayan de Oro (Mindanao).
44. 44. 2. Court of Tax Appeals – a collegiate appellate court that has
criminal jurisdiction over violation of the Internal Revenue Code where the
principal amount of taxes and fees exclusive of penalties and charges in
one million pesos or more. It is a special court of limited jurisdiction. It was
created under Republic Act 1125 and expanded its jurisdiction and
enlarging its membership through Republic Act 9282. It is the same level
with Court of Appeals. It composed of Presiding Judge and five associate
justices and sits in two divisions consisting of three justices.
45. 45. 3. Family Court – a trial court that has jurisdiction over criminal
offenses where either the victim or the perpetrator is a child regardless of
the offenses or penalty be imposed. It is created through Republic Act
8369 otherwise known as “Family Court Act of 1997”. 4. Military Court – a
court that exercises jurisdiction over men and women of the AFP who
 violates Article of War. The president as commander-in-chief has the
authority the decisions made by them.
46. 46. 5. The Shari‘a Courts This court was created under Presidential
Decree 1083. This court was established in certain specified provinces in
Mindanao where the Code of Muslim Personal Laws of the Philippines is
being enforced. A Shari‘a District Court is of limited jurisdiction. Cases
falling within the exclusive jurisdiction primarily pertain to family rights and
duties as well as contractual relations of Filipino Muslims in Mindanao. It
has appellate jurisdiction over all cases tried in Shari’a Circuit Courts within
their territorial jurisdiction. There are five Shari’a District Courts. A Shari’a
Circuit Courts is similar to Municipal Circuit Trial Courts and were
established in certain municipalities in Mindanao where the Code of
Muslim Personal Laws of the Philippines is being enforced. There are fifty-
one Shari’a Circuit Courts.
47. 47. • First level court/inferior court – 3 months • Court of
Appeals/Collegiate appellate court – 12 months • Supreme Court – 24
months
48. 48. • Chapter 7, Title One, Book III, Local Government Code of
1991, Republic Act 7160 - Katarungang Pambarangay Law which took
effect on June 1, 1992. • PD 1508 - the first law which institutionalized the
Katarungang Pambarangay which took effect on December 20, 1978.
49. 49. • composed of the punong barangay, as chairman and ten (10)
to twenty (20) members • possessing integrity, impartiality, independence
of mind, sense of fairness, and reputation for probity Functions: 1. exercise
administrative supervision over the conciliation panels 2. meet regularly
once a month to provide a forum for exchange of ideas among its
members and the public on matters relevant to the amicable settlement of
disputes, and to enable various conciliation panel members to share with
one another their observations and experiences in effecting speedy
resolution of disputes
50. 50. • constituted for each dispute brought before the lupon consisting
of three (3) members who shall be chosen by the parties to the dispute
from the list of members of the lupon • the three (3) members constituting
the pangkat shall elect from among themselves the chairman and the
secretary
51. 51. • one party is the government and its instrumentality • one party
is a public officer or employee, and the dispute relates to the performance
of his official functions • offenses punishable by imprisonment exceeding
one (1) year or a fine exceeding Five thousand pesos (P5,000.00) •
offenses where there is no private offended party • where the dispute
involves real properties located in different cities or municipalities unless
the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon • disputes involving parties who actually reside in
 barangays of different cities or municipalities, except where such barangay
units adjoin each other and the parties thereto agree to submit their
differences to amicable settlement by an appropriate lupon • other classes
of disputes which the President may determine in the interest of Justice or
upon the recommendation of the Secretary of Justice.
52. 52. • The accused is under detention. • The person is calling for
habeas corpus proceedings. • Where actions are coupled with provisional
remedies. • Where the action may otherwise be barred by the statute of
limitations.
53. 53. 1. NO LAWYERS allowed in barangay hearings. 2. Not all cases
go to the Katarungan Pambarangay. 3. Execution may be filed in court. 4.
The Lupong Tagapamayapa is NOT a court.
54. 54. Differentiate the following: • Warrant of Arrest and Search
Warrant • Accused and Plaintiff • Motion and Objection • Appeal and
Motion for Reconsideration • Arbitration, Mediation and Conciliation
55. 55. Terminologies • Correction – it is the community’s reaction to a
convicted offender. It is the fourth pillar of CJS and considered as the
weakest among the pillars. • Penology – it is the division of criminology that
focus with the philosophy and practice of society in its effort to repress
criminal activities. It was derived from the Latin word “poena” which means
“pain” or “suffering”. • Punishment – it is regarded as an effective means of
social control. It is the imposition of penalty whether in a form of
imprisonment and fine or both.
56. 56. • Protection – it is regarded as a social defense wherein the
society would gain protection by putting criminals behind bars. •
Deterrence – it is based on the belief that the offender when punished and
inflicted with suffering would learn the hard way. • Retribution – it is a
primitive form of inflicting punishment by way of personal vengeance. In its
imposition, the punishment would depend on the degree of satisfaction the
aggrieved of offended party would obtain. • Reformation – it is the latest
justification resorted to by the imposition of punishment. It is an attempt to
return the law violator as responsible and productive member of the
society. • Rehabilitation – refers to treatment by means of therapy,
vocational training, education and counseling to help criminals to adjust to
society and to avoid deviant social behavior. • Indeterminate Sentence – a
sentence of imprisonment for the maximum period define by law subject to
the termination by the parole board at any time after serving the minimum
period. • Mittimus – a warrant issued by the court bearing it seals and the
signature of the judge directing a correctional facility to receive the
convicted offender for service of sentence imposed therein.
57. 57. • Diversification – it refers to penal system’s implementation of
segregation. • Carpeta – the institutional record of inmate which consist of
his commitment order, the prosecutor’s information and the decision of the
 court, including the appellate court if there is any. • Classification – it is the
method of placing prisoners into type of categories by which diagnosis
treatment planning and execution of treatment programs are coordinated in
individual case. • Custody – a penal safekeeping includes measures and
activities. • Detainee – a person under custody for the violation of law or
ordinance and has not yet been convicted. • Prison – refers to institution
for confinement of sentence prisoners serving imprisonment for more than
three years. • Prisoner – a person confined in jail or prison to serve a
sentence after a conviction by a competent court or authority. • Atonement
or Expiation – the penalty is commensurate with the gravity of the offense
based on the norms observed by the
58. 58. • Elmira Reformatory – the forerunner of modern penology due
to its extensive use of parole, social case work and training school type of
institution. It incorporated the first official use of parole release in the US. •
Auburn System – it is one of the forerunners of modern correctional
system wherein they confine the prisoners in single cells at night but allow
them to work in congregate shops during the day. • Pennsylvania System –
the penal method based on the principle that solitary confinement fosters
penitence and encourages reformation. Prisoners were kept in solitary
confinement Prisoners saw no one except institution officers and an
occasional visitor. Solitary penitence, however, was soon modified to
include the performance of work such as shoemaking or weaving. It was
spread until it predominated in European prisons.
59. 59. It was formerly Bureau of Prisons (created by the virtue of
Reorganization Act of 1907) and under Chapter IV Section 1705 to 1720 of
the Revised Administrative Code, otherwise known as the Prison Law
enacted its procedures for operation. It was prescribed to be headed by
Chief to be known as the Director of Prisons who shall oversee the
administration, supervision, management and control of all state prison
institution on our country. The President of RP appoints its head with the
confirmation of the congress by the commission on appointments. The
Bureau of Corrections or BuCor, is an agency under the Department of
Justice, mandated to carry out institutional rehabilitation programs of the
government for national offenders, those sentenced to more than three
years, and to ensure their safe custody. It is composed of seven operating
institutions strategically located all over the country to accept national
prisoners. The central office is located in the New Bilibid Prison,
Muntinlupa City, Metro Manila, where the Director, the assistant directors
and the general administration staff are holding official
60. 60. 1. New Bilibid Prison (NBP) 2. San Ramon Prison and Penal
Farm (SRPPF) 3. Iwahig Prison and Penal Farm (IPPF) 4. Correctional
Institution for Women (CIW) 5. Sablayan Prison and Penal Farm (SPPF) 6.
Davao Prison and Penal Farm (DPPF) 7. Leyte Regional Prison (LRP)
61. 61. The RDC is a specialized service designed to service correction
system. The casework of individualized method of diagnosis and treatment
of the convicts are held there for a period of 60 days commencing from
their commitment to the prison.
62. 62. On January 2, 1991, the Bureau of Jail Management and
Penology was created thru Republic Act 6975 as a line Bureau under the
Department of Interior and Local Government. The Jail Bureau is the
upgraded version of its forerunner, the Office of Jail Management and
Penology of the defunct PC/INP last headed by BRIG GEN Arsenio E.
Concepcion. As mandated by law, the BJMP shall operate under the
reorganized Department of the Interior and Local Government. Starting
from scratch with 500 personnel in 1991 the BJMP weaned from its mother
PC/INP as a mere component, to become a full-fledge bureau. Director
Charles S. Mondejar took his oath of office on July 1 of 1991 as the first
Chief of the Bureau.
63. 63. 1. By Security Risk • Maximum – it includes high security risk or
highly dangerous inmates and requires an extreme degree of supervision
and control. • Medium – include those cannot be trusted in less secured
areas whose conduct or behavior require minimum supervision. • Minimum
– include who may be reasonably trusted to serve their sentence under
less restricted conditions.
64. 64. 2. As to entitlement of privileges • Third class – one who has
either been previously committed for three of more times as a sentenced
inmate. • Second class – a newly arrived inmate; an inmate demoted form
first class of one promoted from the third class. • First class – are those
whose known character and credit for work while in detention earned
assignment to this class upon start of sentence; or one who has been
promoted from the second class. • Colonist – who are first class inmates
and has served for one year immediately preceding the completion of the
period specified in the following classifications; has
65. 65. 3. Under Presidential Decree 29 • Municipal Prisoners – persons
convicted to serve a period of imprisonment of not more than six months. •
Provincial/City Prisoners – persons who by reason of their sentence may
be deprived of liberty of not more than three years or those who are unable
to pay a fine of 1, 000 pesos. • National Prisoner – prisoners who are
convicted to serve a term of imprisonment of more than three years.
66. 66. 1. Deterrence – the preventive effect which actual or threatened
punishment of offender has upon potential offender. 2. Rehabilitation – it is
the process to help the criminals to adjust to society and to avoid deviant
behavior. 3. Reintegration – this process submits that the criminal behavior
was due to the gap between the criminal and the community. 4. Isolation of
Prisoners – insulation of criminals from law- abiding citizens so as to not to
pollute them.
67. 67. Jails are considered as the bulwark of community social
protection in the sense that it isolates the offenders from the rest of the
population for a period while the determination of their case in heard on the
merits. Types of Jail 1. Lock-up Jail – security facility operated by
personnel of the local law enforcement units for temporary detention of
person under investigation or waiting preliminary investigation. 2. Ordinary
Jail – this facility houses prisoner convicted of offenses which the
punishment does not exceed three years of imprisonment and those with
pending cases before the courts and run by BJMP.
68. 68. • Pardon – it is a form of executive clemency which is an act
exercised by the President which exempting an individual on whom it is
bestowed from the punishment of the law inflicts for the crime he has
committed. • Amnesty – it is the general pardon extended to a group or
classes of persons and is exercised by the chief executive, with the
concurrence of congress. • Commutation – it is the change in the decision
of the court made by the President by reducing the degree of penalty
inflicted upon the convict or by reducing the length of imprisonment of
amount of fine imposed by the court in the verdict of conviction. • Reprieve
– it is the temporary stay in the execution of the sentence. The execution is
set backwards to enable the President to review the merits of the case and
determine proper punishment for the convict. It is exercise only the
69. 69. • Reprieve – it is the temporary stay in the execution of the
sentence. The execution is set backwards to enable the President to
review the merits of the case and determine proper punishment for the
convict. It is exercise only the President only after the conviction. •
Probation – it is a juridical disposition after which the dependant after
conviction and the sentence is release subject to the condition imposed by
the court and the supervision of probation officer. Presidential Decree 968
is the Probation Law of 1976. • Parole – it is a form of supervised
conditional liberty from prison granted prior to the expiration of the
sentence. It is come from the French word “Parole d’honeur” meaning
“word of honor”.
70. 70. Differentiate the following: • Prisoner and Detainee • Life
Imprisonment and Reclusion Perpetua • Punishment and Correction
71. 71. The community has an unparalleled role as the fifth pillar of the
CJS. In this connection, community understood the mean as elements that
are mobilized and energized to help the authorities in effectively
addressing the law and order concerned of the citizenry. In fact, the
community should be considered the first pillar because it is above all that
aspires after a certain quality of social life expressed in public policy as
well as in criminal law and codes. Community has the vital role in law
enforcement. The citizen can achieved these roles by identifying offenders,
giving data and information about the illegal activity or cohorts of the
 criminals, the proliferation of organized crimes and syndicates,
volunteering as witness and adapting precautionary and remedial
measures to diminished crimes. Crime prevention is not a sole
responsibility of all law enforcement agencies but it is equally the concern
of every citizen in order to have a peaceful place to live.
72. 72. 1. The Home – it is the cradle of personality, for in it the child
forms fundamental attitudes and habit that endure throughout his life. 2.
The School – it is in a strategic position to prevent crime and delinquency
because it exercises authority over every child who is of school age. It has
the excellent opportunity to influence child’s attitudes and behavior. 3. The
Church – it points out to the faith their relationship to God and their
fellowmen, and who, by work and example, lead community members to
live a moral life. 4. The Government – it is a duly constituted authority that
enforces the laws of the land, as such, it is the most powerful institution as
far as control of people is concerned. Respect for the government is
influenced by the respect of the public to the people running the
government.
73. 73. 5. The Mass Media – it is considered as the best instrument for
information dissemination, and the best source of knowledge for the public.
It is where the public opinions are formed and gives food for thought to the
people. 6. The Community Agencies – nation is composed of people who
interacts with one another and follows same rules and regulation. 7. The
Barangay Official – it is a cohesive group of inhabitants possessing
commitment and performing well-defined and significant role that can be
transformed into effective and harmonious action for the prevention and of
crime and delinquency.
74. 74. It is the Witness Protection, Security and Benefit act of 1991.
Under Sec 8 of this law, the witness shall have the following rights and
benefits: 1. To have secure housing facilities until he has testified or until
the threat, intimidation or harassment disappear. 2. Assistance in obtaining
livelihood. 3. Giving equivalent salary if the witness has been terminated
due to witness duty. 4. Provide reasonable travelling allowance. 5. Provide
with the medical treatment, hospitalization and medicines. 6. If the witness
is killed due to his witness duty, his heirs shall be entitled to burial benefits
of P10,000 exclusive of any other benefits. 7. In case of death or
permanent incapacity his minor or dependent children shall be entitled to
free education from primary to college level.