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LSU Crim. Review Class

Crmgst Paulino R. Tagaylo
Facilitator

CORRECTIONS
- that branch of administration of criminal justice charged with the responsibility for
the custody, supervision and rehabilitation of convicted offenders
- the combination of public and private services with legal authority to provide for the
care, custody and control of those convicted of a criminal offense
- the programs, services and institutions responsible for those individuals who are
accused and or convicted of criminal offenses
Penology - a branch of criminology which deals with management and administration of
inmates
Penalty - the suffering that is inflicted by the State for the transgression of the law

Theories Justifying Penalty

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

Juridical Conditions of Penalty

1) judicial and legal - it must be imposed by virtue of a judgment as prescribed
by law
2) definite - it must be specific
3) commensurate - it must be proportionate to the gravity of the crime
4) personal - it must be imposed to the person who actually committed the crime
with no substitutes
5) equal - it must apply to all offenders
Prisons
- institutions for confinement of convicted offenders sentenced to more than three (3)
years of imprisonment
- derived from the Greco-Roman word “presidio”
- administered by the national government under the Bureau of Corrections
- also called national prisons and also includes penal colonies and farms
Prison law - basic law in the Philippine Prison System found in the Revised Administrative
Code
Philippine Prison System - patterned after the US Federal Prison System

PENAL INSTITUTIONS
1) New Bilibid Prison NCR
o located in Muntinlupa, Metro Manila
o constructed in 1936
o approximately 552 hectares
o has two satellite units
i. Camp Sampaguita - medium security -BLUE
ii. Bukang Liwayway Camp - minimum security - BROWN
o the Youth Rehabilitation Center and the Reception and Diagnostic Center 55-60
days for DIVERSIFICATION/CLASSIFICATION is located at Camp Sampaguita
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o within its compound is where the Bureau of Corrections Central Office is
located
o has three security camps:
i. maximum security compound - ORANGE
- offenders whose minimum sentence is twenty (20) years
- sentence is under review of the Supreme Court
- recidivists, escapees and under disciplinary punishment
ii. medium security compound
- offenders whose minimum sentence is below 20 years
- first time offenders originally classified under maximum security who
have served five (5) years of good conduct
iii. minimum security compound
- an open camp with less restriction
- offenders who are sixty five (65) years old and above
- offenders who are medically certified as invalid and physically disabled
QUARINETINE 7-10 days to check for any contagious diseases

- offenders whose remaining period in their sentence is at least six

months

2) Correctional Institution for Women

o located in Mandaluyong City (National Capital Region)
o the only prison facility for national female convicted prisoners
o established in 1931 pursuant to Act No 3579
o measures 18 hectares

3) Iwahig Prison and Penal Farm a.k.a A PRISON WITHOUT WALL/ OPEN PRISON
Region 4-B
o located in Iwahig, Puerto Princesa City, Palawan
o established on 16 November 1904 pursuant to Reorganization Act 1407
o measures 36,000 hectares
o divided into four (4) sub-colonies
i. Sta. Lucia - fishing
ii. Inagawan – cattle, animal farm
iii. Montible – logs, forestry
iv. Central – rice agri farm
o it administers the Tagumpay settlement

4) San Ramon Prison and Penal Farm R9

o located in Zamboanga del Sur
o established in 1870 by Capt. Ramon Blanco, of the Spanish Royal Army, and
was named after Capt. Blanco’s father’s patron saint
o established for political prisoners
o measures more than 1,500 hectares
o has three levels of security: minimum, medium and maximum
5) Davao Penal Colony Region 11
o located in Tagum, Davao del Norte
o established on 21 January 1932 pursuant to Act No 3732
o measures 18,000 hectares
o has two sub-colonies
i. Panabo
ii. Kapalong - CORRECTIONAL INSTITUTION FOR WOMEN – Sept. 23, 2007
o has only two levels of security: minimum and medium
o operates Tanglaw settlement for released prisoners as homesteaders
6. Sablayan Penal Colony and Farm Region 4-B
o located in Sablayan, San Jose, Occidental Mindoro
o established on 27 September 1954 pursuant to Proclamation No 72
o measures 16,000 hectares
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o has four (4) sub-colonies
i. Central
ii. Pasugul
iii. Pusog
iv. Yapang
7. Leyte Regional Prison (YOUNGEST) Region 8
o located in Abuyog, Leyte
o established on 16 January 1973
o has three levels of security: minimum, medium and maximum
o has receiving and processing station

Jails
- institutions for confinement of convicted offenders sentenced to imprisonment of
three (3) years or less and offenders awaiting and/or undergoing trial
- derived from the Spanish words “jaulo” and “caula” and French word “gaol”
- provincial jails are administered and supervised by their respective provincial
government
- city and municipal jails are administered and supervised by the Bureau of Jail
Management and Penology
Types of Jails
2) lock-up - security facility for the temporary detention of persons held for
investigation or waiting preliminary hearing; usually the period of detention
does not exceed forty eight (48) hours
3) ordinary jail - institutions for confinement of convicted offenders
sentenced to imprisonment of three (3) years or less and offenders awaiting
and/or undergoing trial
4) workhouse jail - farms or camps
PD 29 - the law that classified prisoners
Classification of Prisoners
a) according to status:
1) detention prisoners - those held for security reasons; held for investigation;
those awaiting final judgment; those awaiting trial
2) sentenced prisoners - those convicted by final judgment

b) according to PD 29:
1) insular or national prisoner - those whose sentence is three years and one
day to death or whose fine is more than six thousand pesos (P6,000.00), or
both
2) city/provincial prisoner - those whose sentence is less than three (3) years but
over six (6) months or whose fine is less than six thousand pesos (P6,000.00)
but more than two hundred pesos (P200.00), or both
3) municipal prisoner - those whose sentence is not more than six months or
whose fine is not more than two hundred pesos (P200.00), or both
c) according to sentence/four main classes of prisoners
1) insular/national prisoner - one who is sentenced to serve a prison term of
three years and one day to death
2) provincial prisoner - one who is sentenced to serve a prison term of six
months and one day to three years
3) city prisoner - one who is sentenced to serve a prison term of one day to three
years
4) municipal prisoner - one who is sentenced to serve a prison term of one day
to six months

NON-INSTITUTIONAL CORRECTIONS
Executive Clemency - collective term for absolute pardon, conditional pardon and
commutation of sentence, reprieve and amnesty WITH CONCURRENCE OF THE
CONGRESS.
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Pardon - an act of grace proceeding from the power entrusted with the execution of the
laws which exempts the individual on whom it is bestowed from the punishment the law
inflicts for a crime he has committed; pardoning power is exercised by the President

Kinds of pardon
1) Absolute pardon - the extinction of the criminal liability of the individual to whom
it is granted without any condition and restores to the individual his civil rights
2) Conditional pardon - the extinction of the criminal liability of an individual, within
certain limits or conditions, from the punishment which the law inflicts for the
offense he has committed

Effects of Pardon
1) It removes penalties and disabilities and restores full civil and political rights;
2) It does not discharge the civil liability of the convict to the individual he has
wronged, as the President has no power to pardon a private wrong;
3) It does not restore offices, property or rights vested in others in consequence of
the conviction. Under our law, a pardon shall not work the restoration of the right
to hold public office or the right of suffrage unless such rights be expressly
restored by the terms of the pardon.

Limitations upon the Pardoning Power

1) It may not be exercised for offenses in impeachment cases;
2) It may be exercised only after conviction by final judgment;
3) It may not be exercised over civil contempt; and
4) In case of violation of election law or rules and regulations, no pardon, parole or
suspension of sentence may be granted without the recommendation of the
Commission on Elections.

Eligibility for Conditional Pardon

He must have served at least one half (1/2) of the minimum of his indeterminate
sentence or the following portions of his prison sentence:
- at least two (2) years of the minimum sentence if convicted of Murder or Parricide but
not sentenced to Reclusion Perpetua
- at least one (1) year of the minimum sentence if convicted of Homicide
- at least nine (9) months if convicted of Frustrated Homicide
- at least six (6) months if convicted of Attempted Homicide
Commutation of sentence - an executive clemency changing a heavier sentence to a less
serious one, or a longer prison term to a shorter one
Eligibility for commutation of sentence

He must have served at least one third (1/3) of the minimum of his indeterminate
sentence or the following portions of his prison sentence consisting of Reclusion Perpetua:
- at least ten (10) years if convicted of Robbery with Homicide, Robbery with Rape, or
Kidnapping with Murder
- at least eight (8) years if convicted of Simple Murder, Parricide, Rape or Violation of
anti-drug laws
- at least twelve (12) years if given two or more sentences of Reclusion Perpetua
- at least twenty (20) years in case of two (2) sentences for Reclusion Perpetua,
provided that at least one (1) of the sentences had been automatically commuted
from a death sentence

Reprieve - the postponement of the execution of a death sentence

Amnesty/GROUP PARDON - an act of the sovereign power granting oblivion/EXTINGUISH
or general pardon for a past offense usually granted in favor of certain classes of persons
who have committed crimes of a political character, such as treason, sedition or rebellion
Parole - a method by which a prisoner who has served a portion of his sentence is
conditionally released but remains in legal custody, the condition being that in case of
misbehavior, he shall be imprisoned
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Eligibility for Parole
A prisoner shall be eligible for the grant of parole upon showing that he is confined in
jail or prison to serve an indeterminate prison sentence, the maximum period of which
exceeds one (1) year, pursuant to final judgment of conviction and that he has served the
minimum period of said sentence less the good conduct time allowance earned.
Good Conduct Time Allowance - the statutory shortening of the maximum sentence of an
inmate because of good behavior; granted by the Director of Prisons
Allowance for good conduct
The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:
1.first two years = (RPC 60 days/year) 5 days deduction for each month+15days new
RA10592 of 2012 20days
2. 3rd to 5th year = (RPC 96 days/year) 8 days deduction for each month +15days new
RA10592 23days
3. 6th to 10th year =(RPC 120 days/year)10 days deduction for each month+15days new RA
25days
4. 11th years more=(RPC 180 days/year)15days deduction for each month +15days new RA
30days
5. At any time during the period of imprisonment, he shall be allowed another
deduction of fifteen days, in addition to numbers one to four hereof, for each
month of study, teaching or mentoring service time rendered.

Probation - a disposition under which the defendant, after conviction and sentence, is
released subject to the conditions imposed by the court and to the supervision of a
probation officer; derived from the Latin word “probare” which means “to prove or period
of proving”
For PAROLE – word of honor in maintaining what earned from prison “GOOD CONDUCT”
John Augustus - father of modern probation Boston first probationers: youthful offender
and drunkards
Teodolo Natividad - father of Philippine probation author PD 968

Act No 4221- 4103 - the first Philippine probation law, enacted on 7 August 1935;
declared unconstitutional on 16 November 1937 by the landmark case People
vs Vera 37 O.G. 164

PD 968 - otherwise known as Probation Law of 1976

PD 603 – child probation law of 1974

E. COMMUNITY
RA 7160 - the law that created the Katarungang Pambarangay (Barangay Justice System)

Jurisdiction of the barangay

1) offenses punishable by imprisonment not exceeding one (1) year
2) fine not exceeding five thousand pesos (P5,000.00)
Lupon - shall be composed of ten (10) to twenty (20) members appointed by the Barangay
Chairman
Qualification of Lupon members
1) any person actually residing or working in the barangay
2) possessing integrity, impartiality, independence of mind, sense of fairness and
reputation of probity
3) has expressed his willingness to serve as Lupon member
4) not otherwise disqualified by law
Pangkat Tagapagkasundo (Conciliation Panel) - consisting of three (3) members from
among the members of the Lupon; they shall choose among themselves the Chairman and
the Secretary
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Conciliation - a precondition to filing of complaint, as provided by Sec 412 of RA 7160
“No complaint, petition, action or proceeding involving any matter within the
authority of the Lupon shall be filed for adjudication, unless there has been confrontation
between parties before the Lupon Chairman or the Pangkat and that no conciliation or
settlement has been reached as certified by the Lupon or Pangkat Chairman or unless the
settlement has been repudiated by the parties thereto.”

Cases or disputes that are not the subject matter for amicable settlement by the Lupon
1) Where one party is the government or any subdivision or instrumentality thereof;
2) Where one party is a public officer or employee and the dispute relates to the
performance of his official functions;
3) Offenses punishable by imprisonment exceeding one (1) year, or a fine exceeding
P5,000.00;
4) Offenses where there is no private offended party;
5) Disputes involving parties who actually reside in barangays of different cities or
municipalities, unless the parties thereto agree to submit their differences to
amicable settlement by an appropriate Lupon;
6) 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; and
7) Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice.

Cause of Action - an act or omission of one party in violation of the legal rights of the
other for which the latter suffers damage which affords a party to a right to judicial
intervention
Arbitration - the settlement of a dispute by a person chosen to hear both sides and to
come to a decision
Venue - the territorial limits within which judicial power or quasi-judicial power as regards
to the Lupon is exercised; the place where an action is instituted and tried or amicably
settled by the Lupon

Rules on Venue of Disputes in Barangay Court

1) Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the Lupon of said barangay;
2) Those involving actual residents of different barangay within the same city or
municipality shall be taken up in the barangay where the respondents actually
reside, at the election of the complainant;
3) All disputes involving real property or any interest therein shall be taken up in the
barangay where the real property or the larger portion thereof is situated;
4) Those arising at the workplace where the contending parties are employed or at
the institution where such parties are enrolled for study shall be taken up in the
barangay where such workplace or institution is located.

POLICE ORGANIZATION & ITS PRICIPLES

Nine Principles of Law Enforcement enumerated by Sir Robert Peel, the

founder of the British Police System
1st Principle – Prevention of Crime is the Basic Mission of the Police
2nd Principle – Police must have the Full Respect of the Law
3rd Principle – A Citizen’s Respect for Law Develops his Respect for the
Police
4 Principle – Cooperation of the Public Decreases as the Use of Force
th

Increase
5 Principle – Police Must Render Impartial Enforcement of the Law -
th

6th Principle – Physical Force is Used Only as a Last Resort -

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7 Principle – The Police are the Public and the Public are the Police
th

8th Principle – The Police Represent the Law

9th Principle – The Absence of Crime and Disorder is the Test of Police
Efficiency