REVIEW NOTES participative criminal justice system in the Philippines,

on government agencies, agencies in the private sector, non-

CRIMINAL JUSTICE SYSTEM government organizations, and ordinary citizens, become
a part of the CJS upon involvement in issues and activities
related to crime prevention and control.
INTRODUCTION
B. OVERVIEW ON THE CJS IN THE PHILIPPINE SETTING
Criminal Justice System defined -
1. Criminal Justice System (CJS) is the machinery used 1. LAW ENFORCEMENT: This first pillar consists mainly
by the society to prevent and control crime. It is the of the police. The work of the police primarily involves
tool of a democratic government to protect the people prevention and control of crimes by enforcing the laws,
against criminality and other peace and order investigating crimes, arresting offenders, and
problems. conducting lawful search and seizure to gather
2. In theory, CJS is an integrated process primarily necessary evidences needed to file a criminal
concerned with apprehension, prosecution, trial, complaint.
adjudication, and correction of criminal offenders.
3. CJS is a legal process of linking the law enforcement, 2. PROSECUTION: The second pillar takes care of the
prosecution, courts, corrections, and community to investigation of criminal complaints to ensure that
have an integrated scheme of investigating and there are reasonable grounds in filing such complaints.
preventing crimes with the ultimate purpose of In rural areas, the police may file the complaint with
promoting justice. the inferior courts (Municipal Trial Courts or the
Municipal Circuit Trial Courts). The judges of these
Justice defined - inferior courts act as quasi-prosecutors only for the
1. Justice is “rendering what is due or merited and that purpose of the preliminary investigation. Once a prima
which is due or merited.” facie case has been determined, the complaint is
2. According to Mortimer J. Adler, there are two forwarded to the City or Provincial Prosecutor’s Office,
principles of justice: which will review the case. When the complaint has
a. Render to each his due. been approved for filing with the Regional Trial Court,
b. Treat equals equally and unequal the court issues an arrest warrant for the accused
c. Unequally but in proportion to their inequality. once the information has been filled.
3. Justice, according to the Supreme Court of the
Philippines, is symbolically represented by a 3. COURTS: The courts provide opportunity for the
blindfolded woman, holding with one hand a sword prosecution to present evidence and establish proof of
and with the other a balance. criminal guilt of the accused. During trial, that the
accused is given time in the court to disprove the
A. NATURE AND SCOPE OF CJS accusation against him.
In the Philippine setting, there are five major Our criminal justice system abides by the
components of the CJS. These are also known as the Constitutional presumption that any person accused of
five pillars of CJS. Law Enforcement – Prosecution – a crime is presumed innocent unless proven
Courts – Corrections - Community otherwise. This means that the courts must determine
the guilt of the accused beyond reasonable doubt
Generally speaking, the following are the functions of based on the strength of the evidence presented by
the five components of the CJS: the prosecution. If there is any reasonable doubt that
1. To prevent and control the commission of crime the accused commit a crime, he has to be acquitted.
2. To enforce the law The Rules of Court, however, provides that
3. To safeguard lives, individual rights, and properties of the accused can be convicted of a lesser crime than
the people the crime he has been charged with in the information.
4. To detect, investigate, apprehend, prosecute, and But the elements of the lesser offense should be
punish those who violate the law necessarily included in the offense charged, and such
5. To rehabilitate the convicted criminal offenders and lesser crime was proven by competent evidence.
reintegrate them into the community as law-abiding 4. CORRECTIONS: The fourth pillar takes over once the
citizens accused, after having been found guilty, is meted out
the penalty for the crime he committed. He can apply
CJS operates by linking the police, prosecuting for probation or he could be turned over to a non-
agencies, courts, correctional institutions, and the institutional or institutional agency or facility for
mobilized community to form an operational cycle custodial treatment and rehabilitation. The offender
designed to promote justice for criminal victims as well as could avail of the benefits of parole or executive
those who are accused and convicted of crimes. clemency once he has served the minimum period of
The first four pillars - law enforcement, prosecution, his sentence. When the penalty is imprisonment, the
courts, and corrections - pertain to the government sentence is carried out either in the municipal,
agencies vested with official responsibility in dealing with provincial or national penitentiary depending on the
crime prevention and control. The community pillar has length of the sentence meted out.
the broadest jurisdiction. Under the concept of the
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 5. COMMUNITY: This pillar has 2-fold role. purpose of carrying out the policies of the
a. First, it has the responsibility to participate in law Spanish government. Carabineros were
enforcement activities by being partners of the armed and considered as the mounted police.
peace officers in reporting the crime incident, Later, they discharged the duties of a port,
and helping in the arrest of the offender. harbor, and river police.
b. Second, it has the responsibility to participate in b. Guardrilleros: This was a body of rural police
the promotion of peace and order through crime organized in each town that was created by
prevention or deterrence and in the rehabilitation the Royal Decree of January 8, 1836. This
of convicts and their reintegration to society. police force was composed of 5% of the able-
bodied male inhabitants of each
Under the concept of a participative criminal justice town or province, and each member should
system in the Philippines, public and private agencies as well serve for at least 3 years.
as citizens, become a part of the CJS when they participate c. Guardia Civil: This was the police organization
and become involved with issues and activities related to crime created by the Royal Decree issued by the
prevention. Spanish Crown government on February 12,
Thus, citizen-based crime prevention groups become 1852. It relieved the Spanish Peninsular
part of the CJS within the framework of their involvement in Troops of their works in policing towns. It
crime prevention activities and in the reintegration of the consisted of a body of Filipino policemen
convict who shall be released from the corrections pillar into organized originally in each of the provincial
the mainstream of society. capitals of the central provinces of Luzon
under the command of Alcalde (Governor).
C. IMPORTANCE OF STUDYING THE CJS
2. Japanese Occupation
You should be concerned about the CJS because it The Japanese Military Police known as
affects your life, your work, your activities and, in general, your “Kempetai” was held responsible in maintaining peace
pattern of behavior and relationship in the community. and order in Manila. The Manila Police, which was
This is why the community pillar is also the base of the created during the first American occupation, was
entire CJS as there will never be criminal cases, in the first renamed into Metropolitan Constabulary under the
place, if the community is healthy and law-abiding. Bureau of Constabulary. Kempetai ruled the urban
But for the few who may have gone astray, they areas until Gen. Douglas McArthur returned on
should be reintegrated into the community once they are February 7, 1945.
released from the jail or prisons and should be helped to
become law-abiding members of the community. 3. American Occupation
The first American occupation in the
THE LAW ENFORCEMENT PILLAR Philippines that came after the Filipino-American War
(1898 to 1901) was followed by a period of political
In the Philippine setting, the first pillar of consists of ferment and social imbalance.
the police. The primary police agency that symbolizes the law
enforcement pillar is the Philippine National Police (PNP). To a. Insular Police Force was established on Nov.
understand how the PNP evolved as the leading law 30, 1890 during the Filipino-American war
enforcement agency, the evolution of police service in our (1898-1901) upon the recommendation of the
country might be able to help you. Philippine Commission to the Secretary of
War.
A. EVOLUTION OF THE PHILIPPINE POLICE SERVICE
b. Another Insular Police Force was created on
1. Spanish Regime JULY 18, 1901 by virtue of ACT # 175,
Policing during the Spanish Regime was inherently a titled as "AN ACT PROVIDING FOR THE
part of the military system. The locally organized police forces, ORGANIZATION AND GOVERNMENT OF
although performing civil duties and seemingly created for the AN INSULAR CONSTABULARY".
sole purpose of maintaining peace, were in fact directly
commanded by the colonial military government. (Tradio c. Manila Police Department was organized on
July 31, 1901 by virtue of Act # 183 of the
Police functions at this time involve the following: Philippine Commission. The 1st Chief of Police
a. suppression of brigandage by patrolling was Capt. George Curry.
unsettled areas d. The Philippine Constabulary (PC) was
b. detection of local or petty uprising formally established on Oct. 03, 1901 by virtue
c. enforcement of the tax collection, including of Act # 255. Capt. Henry T. Allen was the 1st
church revenues Chief of the Philippine Constabulary. The PC
was manned mostly by Filipinos but officers
Police forces organized during the Spanish regime were mostly Americans.
were:
a. Carabineros de Seguridad Publico (Mounted e. Revised Administrative Code of 1917 was
Police): This was organized in 1712 for the approved a year before World War I (August
2
 1914 to November 1918) ended. In section f. On February 25, 1998, the provisions of
825 of this  law, it stated that the Republic Act # 6975 concerning the PNP were
Philippine Constabulary is a national police amended when Republic Act # 8551 was
institution for preserving the peace, keeping approved by President Fidel Ramos. RA #
order and enforcing the law. 8551, known as the PNP Reform and
Reorganization Act of 1998, reorganized the
f. In November 1938, Act # 181 required the PNP for the purpose of reforming or
creation of a Bureau of Investigation. This professionalizing it.
agency should be the modification of the
Division of Investigation (DI) from the B. DEFINITION OF LAW ENFORCEMENT
Department of Justice. Finally, on June 19,
1947, RA 157 was enacted which created the Law enforcement may refer to the policing body of the
National Bureau of Investigation. society or the police force created by the government.
Law enforcement, used in another perspective, is the
4. Post World War II process of implementing the laws enacted by the legislative
body of the national and local government for the purpose
a. In 1960, Republic Act # 2678 was enacted protecting the life, rights and properties of the people while
and this law provided the expansion and maintaining the peace and order in the society. Law
reorganization of the NBI. This law enforcement, as an activity, is therefore synonymous to police
established that the NBI is both an operations.
investigative and research service agency. Law Enforcement operations encompass the following:
Prevention of crime, Repression of criminal activities,
b. On January 1, 1964, the Rules of Court took Preservation of peace and order, Protection of life and
effect. This procedural law was construed in property, Enforcement of laws and ordinances, Regulation of
order to promote the broad objective of the non-criminal conduct, Apprehension of criminals, Prompt
criminal justice system and to assist the execution of the criminal processes of the courts, Coordination
parties in obtaining just, speedy, and and cooperation with other law enforcement agencies,
inexpensive determination of every action and Safeguarding health and public morals
proceeding.

c. On September 18, 1966, Republic Act # 4864 C. POLICE FUNCTIONS

otherwise known as Police Act of 1966 was Based on the law enforcement operations stated
enacted. The law created the office of the above, the following are inherent police functions :
Police Commission (which was later called Investigating crimes, Filing charges against
National Police Commission) under the Office perpetrators/offenders, Assisting the prosecution in the trial of
of the President. Originally, the POLCOM was criminal cases, Collecting, preserving, keeping and presenting
created as a supervisory agency to the PC. Its physical evidences to the courts, Aiding and evaluating victims
function is to oversee the training and of criminal attacks, Testifying in courts in any criminal
professionalization of the local police forces. prosecution, Apprehension of law-violators
Through this law, reformation and 1. Providing necessary services in the reformation of
professionalization of the police service convicted offenders
gained official recognition. 2. Assisting in the amicable settlement of minor civil
or criminal cases particularly in the damages and
d. On Aug. 8, 1975, Presidential Decree # 765 indemnifications
was enacted and stipulated that the office of 3. Providing protection and security to complainants
the NAPOLCOM should be under the office of or witnesses who are subject to criminal
the Ministry of National Defense. It defined harassment
also the relationship between the Integrated 4. Delivering of notices to witnesses
National Police and the Philippine 5. Effecting court orders to suspected offenders and
Constabulary.  This was in compliance with hostile witnesses
the provisions of Section 12, Article 15 of the
1973 Philippine Constitution. When a crime is committed, how does it reach the attention of
the police?
e. On December 13, 1990, Republic Act # 6975 1. When witnesses or concerned citizens report a
was approved by then President Corazon criminal incident
Aquino. This law is known as the DILG Act of 2. When the offended party files a criminal complaint
1990 and but it is also recognized as The PNP 3. By the spontaneous action or self-initiation of the
Law of 1991. This law created the Philippine directly concerned Law Enforcement agencies
National Police and declared it to be the only
police force of the country with national scope
and civilian in character.
Upon knowing that a crime has been committed, how should
the police respond?
3
 The following steps provide a scenario that is usually
adopted in dealing with crimes. D. WHO IS A PROSECUTOR?
1. Proceed at the crime scene ASAP.
2. Arrest the perpetrators if they are still present at the 1. A Prosecutor is a public officer having an authority to
crime scene. conduct legal actions concerning the complaint filed at
3. Protect the crime scene. his office and perform other prosecution functions as
4. Conduct crime scene search. In searching the crime provided by law.
scene for evidences, you can choose from these 2. The Prosecutor is not just an ordinary official of the
different search methods: Point-to-point search, Strip government; he is an officer of the court whose
search, Grid or double strip search, Spiral/circular criminal responsibility under the law is to carry out the
search, Wheel search, Zone/quadrant/sector search administration of the CJS thru an adequate
5. Seize contrabands or weapons under the possession examination of the offense charged and to decide
of suspects. whether or not to prosecute a person without
6. Interview victims and witnesses. sacrificing fairness and justice.
7. Get the deposition (statement) of the suspect/s,
victim/s, and witness/es. The Prosecutor has a dual function/duty:
8. File the appropriate case against the suspect/s. 1. As a Prosecutor per se: Basically, the Prosecutor
represent the governments position in a criminal case
PROSECUTION PILLAR during court proceedings from the time of the
suspect’s arrest until the adjudication of his case.
A. CONCEPT OF PROSECUTION
2. As the chief law enforcement officer: The Prosecutor
1. Prosecution may refer to the agency responsible in has the inherent responsibility to supervise all criminal
presenting the government’s position in criminal cases cases under investigation by the local police force as
and evaluating evidences presented by the law well as non-prosecution police-oriented activities.
enforcement.
E. THE PROSECUTION PROCESS
2. Prosecution is the legal process/method by which an
accusation is brought to the court (or any judicial and 1. Filing of Complaint
quasi-judicial body) for proper adjudication/arbitration Complaint is legally defined as a sworn written
(settlement) statement charging a person with an offense,
subscribed by the offended party, any peace officer or
B. PROSECUTION AGENCIES other public officer charged with the enforcement of
1. Government agencies the law violated. (Sec. 3, Rule 110, RRC)
a. National Prosecution Service
b. Office of the Solicitor General (State Prosecutor) 2. Preliminary Investigation
c. Office of the Ombudsman Preliminary Investigation refers to an inquiry
d. Office of the Regional State Prosecutor or proceeding for the purpose of determining whether
e. Office of the Provincial, City, and Municipal there is a sufficient ground to engender a well-founded
Prosecutors belief that a crime has been committed and that the
f. Public Attorneys Office suspect/respondent is probably guilty thereof, and
should be held for trial. (Sec. 1, Rule 112, RRC)
2. Non-Government prosecuting agencies
IBP – CLAO – FLAG – MABINI - Other legal-aid Officers authorized to conduct Preliminary
lawyer associations Investigation:
a. Provincial or City fiscals and their assistants
Attorneys in private practice should be deemed a b. Judges of the MTC and the MCTC
part of this CJS component. They represent the parties c. National and Regional state prosecutors
(complainant and respondent) in proceedings before the d. Such other officers as may be authorized by
public prosecutors. law

C. FUNCTIONS OF THE PROSECUTION AGENCIES INQUEST is an informal summary

investigation conducted by a public prosecutor in
The prosecution service has the following general criminal cases involving persons arrested and
functions: detained without the benefit of a warrant of arrest
1. Evaluate the police findings referred to them, or other issued by the court for the purpose of determining
complaints filed directly with them by individual whether or not the person should remain under
persons ; custody and correspondingly be charge in court.
2. File corresponding criminal complaints or information
in the proper courts on the basis of their evaluation on
the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of 3. Filing of Information
the people of the Philippines.
4
 Information is defined as an accusation in writing officially assembled under authority of law at the
charging a person with an offense subscribed by the appropriate time and place for the administration of justice
prosecutor and directly filed with court. By definition, it thru which the government enforces its sovereign rights
is only the prosecutors authorized to file information and powers. The court is an entity or body in which a
document to the court. portion of judicial power is vested.
Courts are judicial tribunals engaged in the
4. Arraignment administration (or dispensation) of justice. They exist in
Arraignment is the stage of criminal proceeding every civilized country to resolve and end disputes in
purposely done to determine the identity of the accordance with law – peacefully, in an orderly manner,
accused in the court (Sec. 1, Rule 116) authoritatively, definitely and finally.

5. Filing of Bail B. MEANING OF JUDGE

Bail refers to the security given for the release of a The Judge is a public officer so named in his
person in custody of the law, furnished by him or a commission (written evidence of appointment) and
bondsman, conditioned upon his appearance before appointed to preside over and to administer the law in a
any court as required under the conditions specified by court of justice.
the court. (Sec. 1, Rule 114)
Court and Judge distinguished:
Bail that maybe posted by the accused maybe in form
of: Court Judge
a. Cash Deposit – the money that is deposited in 1. Incorporeal . entity 1. Single entity
cash with the nearest collector of internal 2. Composed of 1 or more 2. Indispensable part of the
revenue or to the local treasurer by the judges court
accused person or any person acting in 3. Cannot exist without a 3. Can exist without a court
his/her own behalf judge
b. Corporate Surety – a bond subscribed jointly by
the accused and an officer duly authorized by
the board of directors of any domestic or C. THE CONCEPT OF JUSTICE ADMINISTRATION
foreign corporation licensed as a surety
provider in accordance with law and currently Determination of the relevant facts is accomplished by
authorized to act as such reception of the evidence of the parties involved in the
c. Property Bond – an undertaking constituted as a controversy, and its assessment by the judge to discover what
lien on the real property given as security for are the facts thereby established.
the amount of bail
d. Recognizance – a written promise to appear in Application of the law to the facts (thus established by
court during any legal proceeding conducted the evidence) connotes: the ascertainment and confirmation of
for the purpose of trial or any judicial what the law provides in light of the facts proved, and the
proceeding of a case under investigation pronouncement by the judge in accordance therewith of which
of the parties is in the right, and what are their specific rights
6. Detention (Preventive Imprisonment) and responsibilities with respect to each other. That
Detention is the act of restraining one’s liberty. pronouncement must be made clearly and definitely, leaving
Detention maybe applied to: no issue unresolved, in line with the purpose of courts, which is
a. accused persons who cannot post bail while to put an end to disputes.
their case is under trial or investigation;
b. accused persons who are waiting for the D. THE CONCEPT OF JUDICIAL POWER
court’s decision of their case; and Judicial power is the power to apply the laws of
c. minors and insane people who need police the land to contests or disputes concerning legally
custody for security or protection purposes. recognized rights or duties between:
1. the government and private persons;
THE COURTS 2. individual parties/litigants in cases brought before
the courts.
A. THE CONCEPT OF COURT
In a democratic and republican government, the Judicial power is vested to the Supreme Court and
powers of government are distributed among three in such inferior courts as may be established by law. As
branches: the legislative, the executive and the judiciary. defined by Justice Conception, judicial power is the
The legislative power is vested to the Congress, which is authority to settle justifiable controversies or disputes
composed by the Senate and the House of involving rights of justice, or the redress of wrongs for
Representatives in national level. The executive power is violations of such rights.
vested to the office of the President and his cabinets. The
judicial power is vested to the Supreme Court and in such What is the scope of Judicial Power?
lower courts as may be established by law. Judicial power includes the following:
The court is a body to which the public 1. To pass upon the validity or constitutionality of
administration of justice is delegated. It is a tribunal existing laws, rules and regulations
5
 2. To interpret and construe laws that are already maybe general, limited, original, appellate, exclusive,
enacted concurrent, criminal, and civil.
3. To render authoritative judgment To try or hear a case simply means to receive
4. To exercise other incidental powers necessary to evidence from the parties (including their arguments),
effectively discharge other judicial functions according to fixed rules. To decide or determine a case
means to resolve the dispute by applying the law to the
E. THE CONCEPT OF JUDICIAL INDEPENDENCE facts (established by the evidence), supra.
Judicial Independence is the freedom of the court The Venue refers to the place where a case
to settle legal controversies or disputes “with an impartial should be heard, tried, and decided.
eye and an even hand”, and bowing to no one except the
law. It is the freedom of the judges to perform their
functions without interferences from the executive or J. TYPES OF COURT JURISDICTION
legislative branch of the government. 1. General Jurisdiction – when the court is empowered to
decide all disputes that may come before it
F. THE CONCEPT OF POWER OF JUDICIAL REVIEW except those assigned to other courts
The Power of Judicial Review is the power of the
courts, ultimately of the Supreme Court, to interpret the 2. Limited Jurisdiction – when the court has authority to
Constitution and to declare any legislative or executive act hear and determine only a few specified cases
invalid because it is in conflict with the fundamental law. 3. Original Jurisdiction – when it can try and decide a
case presented for the first time
4. Appellate Jurisdiction – when it can try a case already
G. THE CONCEPT OF PRELIMINARY INVESTIGATION hear and decided at the lower court removed
As conducted by the Judge, preliminary from the latter by appeal
Investigation is an inquiry or proceeding for the purpose of
5. Exclusive Jurisdiction – when it can try and decide a
determining whether there is sufficient ground to engender
case that cannot be presented to any other
a well founded belief that a crime cognizable by the RTC
court
has been committed and that the respondent is probably
guilty thereof and should be held for trial. (Section 1, Rule 6. Concurrent Jurisdiction – when any of two or more
112, RRC) courts may take cognizance of a case
7. Criminal Jurisdiction – jurisdiction to try a case where
there is punishment or penalty provided by the
H. BASIC COURT SYSTEM IN THE PHILIPPINES law
- A Four Level Hierarchy 8. Civil Jurisdiction – jurisdiction that exists when the
subject matter is not of criminal nature
In the Philippines, the regular courts engaged in
the administration of justice are organized into four (4) 9. Territorial Jurisdiction
levels or tiers. At the highest level is the Supreme Court
and below it are the three levels composing the lower K. DECISION DEFINED
courts. They are collectively known as the Judiciary. As Decision is the judgment rendered by a court of justice
thus organized, they comprise what is referred to as the or other competent tribunal after the presentation of the
Integrated Judicial System. respective positions of the parties in ordinary or criminal cases
or upon a stipulation of facts upon which the disposition of the
I. case is based.

Maximum periods for rendering of decisions:

By constitutional mandate, the various courts must
decide or resolve a case or matter thereto within
the following periods from the date of submission.
1. for the SC – within 24 months
2. for the CA and other collegiate appellate courts –
within 12 months unless reduced by the SC
3. for the Lower courts (Inferior Courts) – within 3
months unless reduced by the SC

COURT ORGANIZATION IN THE PHILIPPINE SETTING

COURT JURISDICTION AND VENUE OF TRIAL A. The MeTCs, and MCTCs

In the sense that administration of justice has
been described, it is substantially the same as jurisdiction Jurisdiction of MeTCs, MTCs, and MCTCS:
of courts. Jurisdiction is the power and authority of a court 1. Exclusive jurisdiction over all violations of city or
to hear, try, and decide a case. Jurisdiction of the court municipal ordinances committed within their
6
 respective territorial jurisdiction. (As amended by
RA 7961) Appellate jurisdiction: RTCs exercise appellate
jurisdiction over all cases decided by
2. Exclusive original jurisdiction over all offenses Metropolitan Trial Courts, Municipal Trial
punishable with imprisonment not exceeding 6 Courts, and Municipal Circuit Trial Courts in
years irrespective of the amount of fine, and their respective territorial jurisdictions.
regardless of other imposable accessory of other
penalties, including the civil liability arising from Territorial Jurisdiction: The RTC exercises its jurisdiction
such offenses or predicated thereon, irrespective within the area defined by the Supreme Court
of kind, nature, value or amount thereof. as the territory over which the particular
Provided, however, that in offenses involving branch concerned exercises its authority, in
damage to property through criminal negligence, accordance of Section 18 of BP 129.
they shall have exclusive original jurisdiction
thereof. (As amended by RA 7961) 3. Session Hours:
RTCs hold daily sessions from Monday to
Exception: In cases falling within the exclusive original Friday – from 8:30 am to 12:00 noon and from 2:00 to
jurisdiction of RTCs and of the Sandiganbayan 4:30 pm.

3. Territorial jurisdiction: MeTCs, MTCs and MCTCs C. COURT OF APPEALS

exercise their jurisdiction in the city, municipality or
circuit where the judge thereof is appointed or 1. Composition of the CA (Section 3, BP 129)
designated. The Court of Appeals is composed of 1
Presiding Appellate Justice and 49 Associate
Authority to Conduct Preliminary Investigation: Appellate Justices who are appointed by the
Judges of MeTCs (except those in the NCR), President. The CA may sit en banc or in 10 divisions.
MTCs, and MCTCs have the authority to conduct The CA operates as one body for the purpose of
preliminary investigation of crimes alleged to have exercising the following functions:
been committed within their respective territorial a. administrative
jurisdictions that are cognizable by the RTCs. b. ceremonial
c. other non-adjudicatory functions
Session Hours:
MeTCs, MTCs and MCTCs hold daily 2. Jurisdiction of the CA
sessions from Monday to Friday – from 8:30 am to a. Original jurisdiction to issue writs of mandamus,
12:00 noon and from 2:00 to 4:30 pm. prohibition, habeas corpus, and quo warranto, and
an auxiliary writs or processes, whether or not in
Procedure in MeTCs, MTCs and MCTCs: aid of its appellate jurisdiction;
The procedure observed in MeTCs, MTCs b. Exclusive original jurisdiction over actions for
and MCTCs in all cases and proceedings, whether annulment of judgments of RTCs; and
civil or criminal, is the same as that scheduled c. Exclusive appellate jurisdiction over all final
observed in the RTCs. judgments, decisions, resolutions, orders or
Exception: awards of RTCs and quasi-judicial agencies,
1. If there is a particular provision expressly or instrumentalities, boards or commissions,
impliedly applied to the RTC; and including the Securities and Exchange
2. In criminal cases governed by the Rule on Commission and the CSC, except those falling
Summary Procedure in special cases. within the appellate jurisdiction of the SC in
accordance with the constitution, the Labor Code
B. The REGIONAL TRIAL COURTS of the Philippines (PD442 as amended), and the
provisions of BP 129.
1. Composition of the RTC:
There are 720 Regional Trial Court Judges in Note: The party bringing the case to the CA is called
the Philippines coming from every region in the APPELLANT and the adverse party is called
country. APPELLEE but the title of the case remains as it was
in the lower court.
2. Jurisdiction of RTCs:

Jurisdiction of the RTC in criminal cases: RTCs

exercise exclusive original jurisdiction in all D. SUPREME COURT
criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, 1. Composition of the Supreme Court
except those now falling under the exclusive The Philippine Supreme Court is composed of
and concurrent jurisdiction of the one Chief Justice and 14 Associate Justices who are
Sandiganbayan that is exclusively taken appointed by the President. (Article VII, Section 4-1,
cognizance of by the latter. Phil. Constitution)
7
 impartial trial or of preventing a miscarriage of justice
2. Sitting Procedure: so demands.
The SC may sit en banc or in divisions of 3, 5,
or 7 members. On the basis of 15 members, the 4. Procedure in the Supreme Court
number of divisions will be 5, 3, or 2, meeting a. The procedure in the SC in original as well as in
separately. In case of 2 divisions, one division is appealed cases shall be the same as in the CA
composed of 8 members while the other is compose of unless otherwise provided by the Constitution or
seven. The SC decides whether or not it sits in one the law.
division. The purpose of sitting in divisions is to b. The procedure for the review by the SC of
increase the capacity of the SC to dispose cases decisions rendered by the CA in criminal cases
pending before it. shall be the same as in civil cases.
c. When the court en banc is equally divided in
3. Powers of the SC (Art. VIII, Section 5) opinion or the necessary majority cannot be had,
a. Exercise original jurisdiction over case of affecting the case is reheard, and if in rehearing no decision
ambassadors, other public ministers and consuls, is reached, the judgment of conviction of the lower
and other petitions for certiorari, prohibition, court is reversed and the accused acquitted.
mandamus, quo warranto, and habeas corpus.
b. Review, revise, reverse, modify, or affirm on CORRECTIONS
appeal or certiorari as the law or the Rules of
Court may provide, final judgments and other The fourth pillar takes over once the accused, after
lower courts in: having been found guilty, is meted out the penalty for the crime
1) All cases in which the constitutionality or he committed. He can apply for probation or he could be
validity of any treaty, international or turned over to a non-institutional or institutional agency or
executive, law, presidential decree, facility for custodial treatment and rehabilitation. The offender
proclamation, order, instruction, ordinance, or could avail of the benefits of parole or executive clemency
regulation is in question. once he has served the minimum period of his sentence.
2) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty When the penalty is imprisonment, the sentence is
imposed in relation thereto. carried out either in the municipal, provincial or national
3) All cases in which the jurisdiction of any lower penitentiary depending on the length of the sentence meted
court is in issue. out.
4) All criminal cases in which the penalty
imposed is reclusion perpetua or higher. CORRECTIONS defined:
5) All cases in which only an error or question of
law is involved. 1. A correction is one branch of criminal justice concerned
with the custody, supervision, and rehabilitation of
c. Assign temporarily judges of lower courts to other convicted offenders.
stations as public interest may require. Such 2. As a process, Correction refers to the reorientation or re-
temporary assignment should not exceed 6 instruction of the criminal offender in order to prevent
months without the consent of the judge him/her from repeating his deviant or delinquent actions.
concerned. In correcting the deviant behavior of the offender, the
d. Order a change of venue (place of trial) to avoid process does not consider the necessity of taking
miscarriage of justice. punitive actions.
e. Promulgate rules concerning the protection and 3. It is a generic term that includes all government
enforcement of constitutional rights, pleading, agencies, facilities, programs, procedures, personnel,
practice, and procedure in all courts, the and techniques concerned with the investigation, intake,
admission to the practice of law, the Integrate bar, custody, confinement, supervision, or treatment of
and legal assistance to the underprivileged. Such alleged offenders (Allen and Simonsen, Corrections in
rules provide a simplified and inexpensive America).
procedure for the speedy disposition of cases and
it is uniform for all courts of the same grade, and it PRISON defined:
does not diminish, increase, or modify substantive 1. Prison is synonymous with penitentiary; a classical
right. Rules of procedure of special courts and place of torture and extreme hardship. (Traditional
quasi-judicial bodies remain effective unless description)
disapproved by the SC. 2. It is an institution for the incarceration of persons
f. Appoint all officials and employees of the Judiciary convicted of major/serious crimes.
in accordance with the Civil Service Law. 3. It may refer to a building or other place established for
the purpose of taking safe custody or confinement of
When can the SC order a change of venue (or place of criminals or others committed by lawful authority.
trial)? JAIL defined:
The SC can order a change of venue or place 1. A Jail is a place for locking-up persons who are
of trial whenever the imperative of securing a fair and convicted of minor offenses or felonies.

8
 2. It refers to a local or temporary place for confinement of onerous drain on the financial resources of the
criminal offenders, as distinguished from prison. country; and
3. It is a facility purposely designed for detaining or 3. - there is need to provide a less costly alternative to
confining persons who are awaiting trial and who are the imprisonment of offenders who are likely to
already convicted but suffering short term of respond to individualized, community-based treatment
imprisonment. programs.

PUNISHMENT defined:
Punishment is the penalty imposed for the C. Correctional Agencies in the Philippines
transgression of law. It refers to any ill suffered in a. Agencies engaged in institutional corrections
consequence of wrongdoing. There are two (2) major goals of a. Bureau of Corrections
punishment: b. Provincial Jails
1. to inflict deserved suffering on evil doers; and c. Bureau of Jail Management and Penology
2. prevention of crime
b. Agencies engaged in non-institutional corrections
PENALTY defined: a. Parole and Probation Administration (PPA)
Penalty refers to the consequences (such as suffering b. Board of Pardons and Parole
or loss) that follow the transgression of laws. Strictly speaking, c. Department of Social Welfare and Development
it is the judicial punishment for crime or violation of a law. (Bureau of Child and Youth Welfare)

IMPRISONMENT defined:
Imprisonment refers to the state or condition of being D. FORMS OF PUNISHMENT
constrained, restrained, or incarcerated in confined room or 1.Death penalty – capital punishment
building. It is actually a form of conventional punishment of 2.Imprisonment – the legal process of confining the
criminal offenders. There are three (3) traditional purposes of offenders in prison for the purpose of protecting the
Imprisonment. public and at the same time rehabilitating them while
1. To insure the presence of the accused during trial undergoing institutional treatment program.
2. To administer punishment by confinement or 3.Destierro (banishment/exile ) - the penalty of banishing a
incarceration person from the place where he committed a crime,
3. To secure the society from being molested by prohibiting him to get near or enter the 25 km.-
undesirable characters. perimeter.
B. Legal Bases of Correctional Administration in the Philippine 4.Fine or compensation
Setting 5.Civic duties
Based on the 1987 Philippine Constitution:
1. The State values the dignity of every human person E. DURATION OF PENALTIES
and guarantees full respect for human rights (Sec. 11, 1. RECLUSION PERPETUA - imprisonment of more
Art. II) than 20 years; maximum imprisonment of 30 years;
2. No person shall be detained solely by reason of his the prisoner (convict) may apply for executive
political beliefs and aspirations (Sec. 18 (1), Art. III) clemency (pardon) unless he is disqualified by law
3. No involuntary servitude in any form shall exist except 2. RECLUSION TEMPORAL - imprisonment of 12 years
as a punishment for a crime whereof the party shall and 1 day to 20 years
have been duly convicted (Sec. 18, (2), Ibid.) 3. PRISION MAYOR - imprisonment of 6 years and 1
4. Excessive fines shall not be imposed, nor cruel, day to 12 years
degrading punishment or inhuman punishment Temporary disqualification
inflicted. x x x (Sec. 19 (2), Ibid.) 4. PRISION CORRECTIONAL - imprisonment of 6
5. The employment of physical, psychological, or months and 1 day 6 years
degrading punishment against any prisoner or Suspension and Destierro
detainee or the use of substandard or inadequate 5. ARRESTO MAYOR - imprisonment of 1 month and 1
penal facilities under subhuman conditions shall be day to 6 months
dealt with by law (Sec. 19, (2), Ibid.) 6. ARRESTO MENOR - imprisonment of 1 day to 30
days
According to the Revised Penal Code, no felony 7. BOND TO KEEP THE PEACE or FINE - the amount of
shall be punishable by any penalty not prescribed by law fine to be imposed is discretionary with the court
prior to its commission. (Art. 21 RPC)
F. The DEATH PENALTY
Probation Law (P.D. No. 968) states that: CAPITAL OFFENSE or HEINOUS CRIME is an act,
1. - one of the major goals of the government is to which under the existing law at the time of its commission, may
establish a more enlightened and humane correctional be punished by death (although a lower penalty than death
system that will promote the reformation of offenders maybe imposed after conviction). Death penalty was re-
and thereby reduce the incidence of recidivism; imposed as a form of punishment for heinous crime by virtue of
2. - the confinement of all offenders in prisons and other RA # 7959, otherwise called the Death Penalty Law approved
institutions with rehabilitation programs constitutes an in January 2, 1994. When RA # 8177 (The Lethal Injection
Law) was enacted, the execution of death penalty was
9
changed from electrocution to lethal injection. Crimes 3. Work House, Jail Farm Or Camp - a facility that houses
punishable by death include: minimum custody offenders who are serving short sentences;
Treason – Murder - Qualified piracy – Kidnapping - Drug inmates undergo constructive work programs; provides full
trafficking - Aggravated Rape - Robbery w/ homicide or employment of prisoners, remedial services and constructive
rape - Destructive Arson leisure time activities.

Cases in which Death Penalty shall not be imposed: Classification of Jail Prisoners:
1. If the guilty party is over 70 years old 1. Detention prisoners - those detained for investigation,
2. If the death penalty imposed by the lower court is not hearing, or trial
affirmed by the Supreme Court 2. Sentenced prisoners - offenders who are committed to
3. If the offender is under 18 years of age at the time of the jail/prison to serve their sentence after final
the commission of the crime. conviction by a competent court
3. Prisoners who are on safekeeping - includes non-
Instances when the execution of the Death Penalty is criminal offenders who are detained in order to protect
suspended: the community, example: insane persons
1. If the convict reached the age of 70
2. If the convict is a pregnant woman Classification of Prisoners according to Degree of Security:
3. If the convict becomes insane or is an imbecile 1. Super-Maximum Security Prisoners - special group of
prisoners composed of incorrigible, intractable, and
G. JAIL and PRISON Organization in the Philippines highly dangerous persons who are the source of
1. NATIONAL or INSULAR PRISONS - administered by the constant disturbance even in maximum security
Bureau of Correction institutions; wear orange uniforms and compose the
a. New Bilibid Prison (NBP) - originally referred to as 2% of NBP population
National Bilibid Prison; operates two satellite units:
Camp Bukang Liwayway – min scty prison 2. Maximum Security Prisoners - the group composed of
Camp Sampaguita - institutions found in it are the: chronic trouble-makers but not as dangerous as the
Reception and Diagnostic Center super maximum security prisoners; their movements
Medium Security Unit, and are restricted and they are not allowed to work outside
Youth Rehabilitation Center the institution but rather assigned to industrial shops
within the prison compound; they wear orange
b. Penal Colonies/Territories - prison territories distant from uniforms and they occupy the NBP main building.
the NBP controlled by the Bureau of Corrections, such
as: 3. Medium Security Prisoners - prisoners who cannot be
San Ramon Prison and Penal Farm (Zamboanga) trusted in open conditions and pose lesser danger
Iwahig Penal Colony (Palawan) than maximum security prisoners in case they escape;
Davao Penal Colony (Central Davao) a group of prisoners who maybe allowed to work
correctional institution for women (Mandaluyong) outside the fence/walls of the penal institution under
Sablayan Penal Colony and Farm (Occidental Mindoro) guard or with escorts; occupy Camp Sampaguita
(Medium Security Institution); they are employed as
2. PROVINCIAL JAILS - jails that are supervised and agricultural workers and they wear blue uniforms
controlled by the provincial government with in its
jurisdiction. 4. Minimum Security Prisoners - group of prisoners who
can be reasonably trusted to serve their sentence
3. CITY/MUNICIPAL JAILS - jails that are administered under "open conditions"; they can be trusted to report
(supervised and controlled) by the BJMP to their work assignments without the presence of
guards; they occupy Camp Bukang Liwayway and
H. The PHILIPPINE JAIL SYSTEM they wear brown uniforms.

Types of Jails: I. EXTINCTION OF CRIMINAL LIABILITY

Conditions for the total extinction of criminal liability
1. Lock-up - a security facility, common in police stations are: Death of the convict, Service of sentence, Absolute
or precincts in urban areas (cities) for temporarily detaining Pardon, Amnesty, Prescription of crime, Prescription of
those persons being held for investigation or waiting hearing penalty, Marriage of the offended party to the offender (in good
of their criminal cases. faith),

2. Ordinary Jail - the type of jail commonly found in every Conditions for the partial extinction of criminal liability
municipality or city; houses offenders awaiting court trial and are: Conditional Pardon, Commutation of Sentence, Probation,
those convicted offenders who are serving their sentence of Parole, Good Conduct Time Allowance
imprisonment that does not exceed 3 years; place where THE COMMUNITY PILLAR
juvenile offenders and the mentally insane people are usually
detained while their transfer to other institutions are pending. Prevention and control of crime is not the sole duty
and responsibility of the government - it is also the

10
responsibility of the community. It includes private persons,
private groups, and public entities. 3. The CHURCH
The community could either be in the form of bad or The Church is the institution that provides a place for
good neighborhood. Bad neighborhood refers to areas or public worship and the services needed to enhance the
places in which dwelling or housing conditions are dilapidated, spiritual and moral character of an individual. The church
unsanitary, and unhealthy. These traits are detrimental to the influences people’s behavior with the emphasis on morals and
moral, health, and safety of the populace. Bad neighborhood is life’s highest spiritual values, the worth and dignity of the
usually packed with poor, disintegrated and unorganized individual, and respect for person’s lives and properties. The
inhabitants. Most inhabitants are experiencing economic church generates a strong will of the people to oppose crime
difficulties, alcoholism, substance abuse, gambling and many and delinquency.
other problems in life. This connotes that bad neighborhood is Religion refers to a particular institutionalized or
the home of bad elements of society because the environment personal system of spiritual beliefs and practices. Religion is a
is very conducive for the commission of crimes. positive force for goodness in the community and an influence
against crime and delinquency.
The Community also consists of the existing social
institutions such as the family, school, church, mass media,
and NGOs. 4. The MASS MEDIA
The media is the best institution for information
1. The FAMILY dissemination thereby giving an opportunity to the public to
The Family refers to the basic social group united know the necessary facts of life that help them shape their
through bonds of kinship or marriage, present in all societies. It daily views about crime and its control.
is the primary institution that molds a child to become a law-
abiding person or a delinquent. 5. Non-Government Organizations (NGOs)
The Home is the place of one’s affections, peace, or NGOs are private organizations that are civic-oriented and
rest. It is the home where the family resides. The home is one thus promote peaceful and productive society. These are
of the most basic but most influential environments that lead a groups of concerned individuals responsible for helping the
person to become a law-abiding citizen or the opposite – a government to pursue community development. They serve as
criminal. It is said that the home is the cradle of human partners of the government institutions in providing common
personality, for it where the child develops his fundamental services for public good and welfare, thus preventing
attitudes and habits that last through out his life. The kind of criminality and maintaining peace and order.
conscience that the child develops depends largely on the kind
of family - parents and siblings - he has. The parents are the 2-fold Role of the Community as a pillar of CJS
most influential persons in the family.
Broken home suggest separation between parents. First, it has the responsibility to participate in law
Broken home is usually characterized by the lack of parent’s enforcement activities by being partners of the peace officers
interest on the welfare of their children. Many delinquent in reporting the crime incident, and helping in the arrest of the
children come from broken homes. Unfortunate homes breed offender.
juvenile delinquency and criminality.
Second, it has the responsibility to participate in the
2. The SCHOOL promotion of peace and order through crime prevention or
The second integral stage of the behavioral/social deterrence and in the rehabilitation of convicts and their
development process is the school. It is said that the school is reintegration to society.
an extension of the home having the strategic position to
control crime and delinquency. It exercises authority over Rehabilitation takes place when the convict is serving
every child that enters its jurisdiction. The teachers are his sentence. A convict may be paroled or may be placed on
considered second parents having the responsibility to mold probation.
the child to become productive members of the community by Under the concept of a participative criminal justice
devoting energies to study the child behavior using all system in the Philippines, public and private agencies, as well
available scientific means and devices in an attempt to provide as citizens, become part of the CJS when they participate and
each the kind and amount of education they need. become involved with issues and activities related to crime
The school has the role of working closely with the prevention.
parents and neighborhood, and other community agencies and
organizations to direct the child in the most effective and Thus, citizen-based crime prevention groups become
constructive way. However, the school could be an influence to part of the CJS within the framework of their involvement in
delinquency and criminality when teachers are being disliked crime prevention activities and in the reintegration of the
because they tend to antagonize the children. There are convict who shall be released from the correction pillar into the
teachers that are bad tempered, crabby, grouchy, hostile, mainstream of society.
sarcastic, unreasonable, intolerant, ill-mannered, too strict, and
unfair. These teachers provide conditions that make the ===============================================
students experience frustration, inadequacy, insecurity, and
confusion which are usually considered the kindergarten of
crime.
Diagnostic Examination
in
11
 Criminal Justice System

1. The agency of the government tasked to campaign to prevent crime—

a) DILG c) DOJ
b) NBI d) NAPOLCOM

2. When the person fails to do what the law requires him to do is a crime of—
a) dolo c) culpa
b) imprudence d) omission

3. When the act is done with deliberate intent—

a) dolo or deceit c) culpa or fault
b) criminal per se d) omission

4. When the act defined as crime is committed through fault—

a) culpa c) dolo
b) criminal per se d) act

5. When a person does something which the law prohibits him to do—
a) crime c) prohibition
b) reprimand d) act
6. Those committed with intention and offender is in full possession of his mental faculties—
a) rational crime c) mala in se
b) felony d) mala prohibita

7. When the act is wrongful because of its nature, universally condemned and seriously affects the society—
a) mala in se c) mala prohibita
b) crime d) felony

8. When the act is considered crime merely because the law makes it prohibited—
a) mala prohibita c) mala in se
b) malam calsum d) dura lex sed lex

9. When the offender acquires something as a consequence of his criminal act—

a) acquisitive crime c) extinctive crime
b) possessive crime d) rational crime

10. Anticipation, recognition, and appraisal of a crime risk and the initiation of positive action to remove or reduce that risk—
a) crime control c) crime reduction
b) crime elimination d) crime prevention

11. Traditional approach in crime control which deals with the apprehension, investigation, trial, correction and/or punishment of the criminal—
a) crime suppression c) crime elimination
b) crime control d) crime reduction

12. Modern approach through the reduction of criminal opportunity of both the existence of crime and the criminal using social and situational
prevention measures by the community at large and by all sectors of society—
a) crime prevention c) crime suppression
b) crime control d) crime elimination

13. The levels of crime prevention—

a) primary level—identification of factors in the environment which contribute to criminally deviant behavior
b) secondary level—identification of individual or group of persons with criminally deviant behavior
c) tertiary level—formulation of rehabilitation measures to prevent recidivism
14. The principal character of the criminal justice system is
a) offender c) victim
b) judge d) police
15. The forgotten or neglected man in the criminal justice system is
a) victim c) judge
b) police d) prosecutor

16. The prime mover of the criminal justice system

a) prosecutor c) police
b) judge d) jailguard

17. The arbiter of the court which tries and hears a criminal case is the
a) prosecutor c) judge
b) jailguard d) victim

18. Who among below are officers of the court?

a) defense counsel c) prosecutor
12
 b) Judge d) all of them

19. Character in the criminal justice system who is tasked to secure the premises where the offenders live—
a) jailguard c) prison guard
b) prison employee d) all of them

20. One who conducts preliminary investigation of a complaint filed by complainant

a) judge of the RTC c) police
b) prosecutor d) prison guard

21. The reading of the complaint to the accused in order for him to be informed of the charge against him is called
a) arraignment c) decision promulgation
b) trial d) none of them
22. One who conducts a post investigation for the applicant for probation
a) probation officer c) judge
b) prosecutor d) offender

23. A barangay body which resolves dispute of residents of the same barangays instead of going to court.
a) kangaroo court c) Municipal Trial Court
b) Barangay Court d) Lupong Tagapamayapa

24. The criminal justice system must have to work efficaciously and speedily. Each segment of the system must work efficiently and with dispatch
and in cooperation and coordination with one another. If supposing the law enforcement is deficient in its functions, which pillar/s would be blamed?
a) police c) court
b) .prosecution d) criminal justice system

25. Which agency or department of the government could primarily structure the barangays and other sectors in serving the criminal justice system
as a community pillar?
a) DOJ c) DILG
b) DSWD d) none of them

26. The correctional component of the Criminal Justice System

a) New Bilibid Prison c) Correctional Institution for Women
b) Iwahig Prison and Penal Farm d) all of them

27. The component of the Criminal Justice System that investigates and arrests the suspect
a) PNP c) NBI
b) Army d) all of them
28. The component of the Criminal Justice System that prosecutes and sometimes defends litigants
a) court c) prosecution
b) law enforcement d) none of them

29. The Chairman of the Lupong Tagapamayapa

a) Punong Barangay c) Chosen by the Bgy. Captain
b) elected member of the Lupon d) Barangay Kagawad

30. Usually, the main problem encountered by the Criminal Justice System is due to—
a) lack of funds c) lack of training
b) lack of cooperation d) none of them
31. Under R.A. 6975, insurgency problem is to be handled by—
a) AFP c) PNP
b) MNLF d) Abu Sayaff
32. The fighting force of the Philippine National Police—
a) SAF c) SWAT
b) NARCOM d) MARITIME
33. Which of the following agencies is tasked to police the entire country?
a) AFP c) NBI
b) PNP d) all of them

34. The agency of the government that is tasked to investigate crimes in aid of prosecution—
a) NBI c) MNLF
b) PNP d) all of them

35. Members of the NBI or National Bureau of Investigation—

a) Lawyers c) Engineers
b) CPAs d) A and B only

36. Criminologists are appointed in the NBI as—

a) agents c) janitors
b) investigators d) artists

37. Which unit of the PNP absorbed the police functions of the Philippine Coast Guard of the Navy?

13
 a) Marina Group c) SWAT group
b) Maritime Group d) Traffic Mgt. Group

38. The reason why law enforcement agencies experience misencounter is due to
a) lack of cooperation c) lack of faith
b) lack of coordination d) lack of everything

39. What is the power given to the Mayor over PNP in their city or town?
a) power to choose the policemen to be assigned in his town or city
b) power of supervision and control
c) power to remove the ugly policemen
d) power to cry when the COP assigned in his town or city is not pogi

40. Who among the public officials below are deputized by the NAPOLCOM?
a) mayor c) congressman
b) governor d) a and b only

41. It has the power to issue Resolutions and Circulars relative to police activities, operation and others relevant to police well-being—
a) DSWD c) DILG
b) NAPOLCOM d) DOJ

42. The PNP is under the control and administration of what ageney of the government?
a) DILG c) DOJ
b) NAPOLCOM d) DSWS

43. In order that a police can win the trust and confidence of the people in them—
a) they must present themselves in orderly manner and always pogi
b) they must always appear in TV and their voice must always be heard over the radio
c) they must perform impartially, without fear and favor
d) all of them

44. A memorandum order designating the Philippine National Police as the International Police (Interpol) National Central Bureau (NCB) for the
Republic of the Philippines
a) Memorandum Order No. 92 c) Memorandum Order No. 93
b) Memorandum Order No. 94 d) Memorandum Order No. 95

45. Can the local executives create in their respective town/city an agency similar to PACC?
a) yes for investigative purposes in aid of legislation
b) yes in order to investigate crimes which cannot be done by the police
c) no as it would violate the Local Government Code
d) none of the above

46. Can the autonomous region create their own police force?
a) no as it would be against the Constitution
b) yes as it would be within the powers of the autonomous government
c) It depends on the necessity in order to maintain peace in the region
d) none of the above

47. The features of the PNP are the following except one—
a) national in scope c) civilian in character
b) centralized in form d) decentralized in form
48. The PNP is highly centralized in form—
a) no c) yes
b) partly yes d) partly no

49. The PNP according to experts in police systems is called as a—

a) unique organization c) a novelty organization
b) contemporary organization d) outmoded organization

50. Do non PNP members have the power to arrest?

a) yes in citizen's arrest
b) yes as when the crime is committed against him
c) no as it would amount to usurpation
d) none of them

51. Sometimes arrest of criminals and early solution of cases is hampered by

a) jealousy among groups of law enforcement agencies
b) lack of discipline among members of the group of law enforcers
c) lack of knowledge in making an arrest
d) all of the above

52. In the cities/municipalities, the main reason why policemen sometimes are ineffective is

14
 a) mayors' intercession in the crime or suspect's arrest
b) mayors themselves are the law violators
c) subservience to mayor
d) all of the above
53. Some policemen are afraid of the mayor—
a) they are afraid to be reassigned to other place
b) they are afraid to be dismissed from the service
c) they are afraid not to be promoted
d) all of the above

54. Police recruitment's failure to attract the best and more qualified applicant
a) low salary of the police c) police job is risky
b) lack of advertisement d) all of the above

55. The Problem with the Civil Service Commission before, is its imposition that—
a) promotes shall have to pass the professional grade exam as requirement
b) attestation cannot be done due to absence of plantilla
c) Civil Service Commission provides it own rules on promotion
d) all of the above

56. Recruits experienced inadequate quality instructional need due to

a) most of the lecturers are not qualified to teach
b) they are taught correctly of the subject matters
c) recruits malinger during lecture hours
d) all of the above '

57. Proper utilization and deployment of personnel is hampered due to—

a) intercession by politician
b) padulas or money given in exchange of new assignment
c) favoritism by the COP
d) all of them

58. The designation of the COP is prevented due to—

a) political pressure c) some PNP officers are not qualified
b) lack of experience d) none of them

59. The power of the mayor over the police that is usually abused is—
a) power to choose COP c) power to choose members of police
b) power to deploy personnel d) all of them

60. Policemen are disappointed with promotion due to lack of

a) information c) so many documents to be submitted
b) selective process d) all of them

61. Reason why some policemen are adamant to be promoted is due to the fact that
a) they are not college graduates c) they are not promotable
b) they have no money to spend for promotion d) all of them

62. The main cause of inefficiency in the PNP is—

a) lack of discipline c) lack of training
b) lack of equipment d) all of them

63. Lack of discipline will create in the PNP unsatisfactory attitude which if done will result in
a) administrative offense c) criminal offense
b) civil offense d) all of them

64. The best virtue of a policemen to follow in order to become more efficient and effective is—
a) discipline c) reverence
b) holy d) all of them

65. The common reason why policemen cannot refuse corruption is due to—
a) their salary is not sufficient to meet the needs of the family
b) not accepting what is offered is amounting to an insult
c) it is a grace from above
d) all of the above

66. Are policemen entitled to overtime pay?

a) yes if there is fund c) no if there is no fund
b) prohibited as they are civilian employees d) all of them

67. Police mobility is hampered by—

a) lack of supply c) gasoline is sold to civilian

15
 b) police is using bicycle in their operation d) all of them

68. The problem in-record management is—

a) record management is not centralized
b) records are nowhere to be found and searched only if needed
c) records are kept by somebody who needs them
d) all of them

69. PNP is not yet capable to handle insurgency problem due to

a) lack of equipments c) afraid with the NPA
b) lack of training d) all of them

70. Lack of trust and confidence in the police by the community would result in
a) police isolation c) non-cooperation in terms of service
b) non-reporting of crime d) all of them

71. Under R.A. 8551, the counter-insurgency operation is now under the function of
a) PNP c) Army
b) PAF d) DILG

72. Under R.A. 8551, the PNP function/s as far as insurgency is concerned is/are
a) information gathering relative to insurgency
b) standby to be called upon by the President to support the Army in case of insurgency
c) Fight hand in hand with the Army against the ' NPA and MILF
d) a and b are true

73. The common problem of the PNP members at present is the

a) low salary c) attrition
b) unfairness in promotion d) all of them

74. Anti-gambling like jueteng is now a concern of the

a) Army c) PNP
b) Local executives d) NPA

75. What would be the problem of a policeman who is only second year college when he joined the PNP in 2004?
a) he will be removed or separated after 2004 if he is not promoted to the next rank
b) he cannot be assigned to a better position if he cannot finish college course
c) he will be separated if he has less than 20 years in the service, or retired if he has more than 20 years in the service if he could not
finish college course
d) all of the above

76. Which of the following problems oftenly occur in thePNP?

a) unfairness in giving assignment to personnel
b) unreasonableness in promotion as junior is promoted first than senior
c) slow process of the government in increasing salary of policemen
d) all of the above

77. In the present personnel organization, which rank in the PNP is occupied by the majority?
a) PCO c PNCO
b) Senior Officer d) Junior Officer

78. In every police office in a municipality or city, which rank is mostly occupied by a majority of policemen?
a) SP04 c) POl
b) SPOl d) P03

80. Among officer ranks, which rank is mostly occupied by the majority of officers (PCOs) in a provincial police office?
a) Senior Superintendent c) Superintendent
b) Inspector d) Senior Inspector

81. What is the power of the Chief, PNP to interfere with the affairs of the NAPOLCOM?
a) The Chief of the PNP is powerful being a friend of the President
b) He is on top of the situation nowadays
c) He is very rich due to jueteng and other illegal activities
d) He is an ex officio member of the NAPOLCOM

82. Police Community Relation is

a) The honest effort of both the police and the pub lic to understand one another
b) A pet project of the DILG
c) on its way out
d) none of the above

83. The general rule states that the concept which is emerging as the cornerstone of effective police community relation is

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 a) Community crime prevention
b) Greater citizen's empathy towards police and vice versa
c) Direct citizen's involvement in violator apprehension
d) none of the above

84. History reveals the need for police community relations

a) on a continuing basis
b) especially during summer time
c) especially during Christmas and Fiesta
d) none of the above

85. There has become a growing requirement for police and public alike to
a) Get to know one another better
b) Look forward to conflict in the future
c) Pretend there is no problem at all
d) none of the above

86. Depending on the front line officer is

a) Much of the sum and substance of police com munity
b) The apprehension of crooks
c) Whether or not people will commit crime
d) none of the above

87. Historically, policing has been one of the most

a) critical and frustrating jobs facing the society
b) Inadequate functions of the government
c) Rewarding professions of the government
d) none of the above

88. The basic mission and first order of business for law enforcement is
a) To uphold individual liberty, freedom, and hu man dignity under the rule of law
b) To investigate violation of law and apprehend criminal
c) To work developing an atmosphere in which all citizens will support the PNP
d) none of the above

89. What is the chief cornerstone of an effective, ongoing Police Community relation program?
a) The individual police officer
b) People in the community
c) Law violators
d) Money, which is .put into program

90. Police Community relation is designed to

a) Bring citizen's support to criminal justice to remove apathy, and cause total community involvement
b) Encourage police officers to project better image
c) Promote a set of examples to citizens
d) none of the above

91. According to the text, "What is the one to four percent theory?"
a) A theory that states that one to four percent of the population are responsible for a major por tion of our crime.
b) A theory which states that one to four percent of law enforcement personnel failed to contain the behavior of citizens
c) A theory which states that one to four percent of the population are criminals
d) All of the above

92. In appraising the image of one's police agency, the generality about the image is
a) extremism c) politicism
b) individualistic d) all of them

93. Public confidence in a police office is directly related to the image that citizens symphatized with policemen—
a) True c) It depends
b) False d) Partly true

94. Factors affecting police image discussion are dependent upon the status of the individual. Which of the below is relevant to status?
a) occupational background c) scholastic background
b) previous experience d) all of them

95. Contrary to the belief of many policemen, the overwhelming majority of the public has
a) high opinion of police work c) Low opinion of police work
b) previous experience d) No opinion of police work

96. By its very nature, police work requires an officer to be suspicious.

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 a) True c) Partly true
b) False d) Partly false

97. Which of the following is considered not to be crisis area?

a) recreation period c) conversation
b) courtesy d) response time and manpower commitments

98. Law enforcement personnel should well remember that this country was founded on
a) A rule of law, the Constitution c) a rule of man
b) Majority rule d) Rule of the fittest

99. One continuing problem of police community relation that overshadows virtually every area in need of consideration is
a] communication c) news media
b) conflict d) conduct of officers

100. Which of the following is the critical factor in an effort to improve response time between the call being placed and the arrival time of
assistance?
a) manpower allotment c) dispatch calls rapidly without calls
b) increase salaries d) Drive Code 3 to all Calls

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